OFFICE
1 5 1996
IN THE UNITED STATES DISTRICT COURT U·5 0 / ¿ , R / Q . FOR THE MIDDLE DISTRICT OF TENNESSEE MlD- D¡ST. TENKIURT
NASHVILLE DIVISION

PEOPLE FIRST OF TENNESSEE, ej_al.,

Plaintiffs,

v.
CLOVER BOTTOM DEVELOPMENTAL CENTER, etal..

No. 3:95-1227 Judge Echols Magistrate Haynes

Defendants.

ORDER

Upon consideration of Plaintiffs' Renewed Motion for Class Certification, it is hereby

ORDERED, this *½ f day of J¶**¢~Jí¿*<.—-

1996, as follows:

(1) Plaintiffs' Motion is GRANTED;

(2) This action shall be maintained as a class action pursuant to Federal

Rule of Civil Procedure 23(b)(2); and

(3) The Class shall be defined as follows:

All persons who presently reside or will reside at Clover Bottom Developmental Center (including the Harold Jordan Center), Greene Valley Developmental Center or Nat T. Winston Developmental Center, and all persons who have resided there at any time since December 22, 1992.

• •

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MR-TN-0002-0005

PÜh S3

Honorable Robert L. Echols United States District Judge
s er.tcrsd en ';n comp/iance wiffi
Rule 79L

CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing has been served upon Ms. Dianne Dycus, Special Counsel and Ms. Katlileen Maloy, Assistant Attorney General, Office of the Attorney General, Cordell Hull Building, Second Floor, 426 5th Avenue North, Nashville, TN 37243-0499 and Robert C. Bowman and Laurie J. Weinstein, Senior Trial Attorneys, U.S. Department of Justice, Civil Rights Division, Special Litigation Section, P.O. Box 66400, Washington, D.C. 20035-6400, either by hand delivery or by United States Mail, postage pre-paid, this the IH`®*~ day of November, 1996.

 
 MR-TN-0002-0006

IN THE UNITED STATES DISTRICT COUR

FOR THE MIDDLE DISTRICT OF

l

I

PEOPLE FIRST OF TENNESSEE, £L&l·,
Plaintiffs,

NOV 1 5

v.
CLOVER BOTTOM DEVELOPMENTAL CENTER, et al..

Civil Action No. 95-1227 Judge Echols

Defendants.

ORDER

Upon consideration of the Motion for Preliminary Approval of the Settlement

Agreement filed by the plaintiffs in this matter, it is hereby ORDERED on this

of / ^ ‰ * ¿ * ¾ - ¿ ¿ ¿ t ^

1996 as follows:

1. The proposed Settlement Agreement is preliminarily approved.

2. The Notice of Proposed Class Action Settlement attached to the Motion as Exhibit

B is approved.

3. Counsel for Defendants will provide counsel for Plaintiffs with the names and

addresses of all persons discharged from the Clover Bottom Developmental Center, the

Greene Valley Developmental Center and the Nat T. Winston Developmental Center since

December 22, 1992 as well as their family members, guardians, next friends or responsible

parties. Counsel for Plaintiffs will send those former residents and their family members,

guardians, or next friends the Notice of Proposed Class Action Settlement by first class mail,

1

this docufnsnt wss entered on

the docket in compliance with

Rule 53 and/or Rule 7%

postage prepaid, on or before X ) e r e^rv\b<5-^~ -JJO

, 1996, four weeks prior tot

he final approval hearing scheduled in Paragraph 7 of this Order.

4. Counsel for Defendants will provide each current resident of the Clover Bottom,

Greene Valley and Nat T. Winston Developmental Centers with the Notice of Proposed Class

Action Settlement on or before ~J)? ¢L€^TYN O ^—f 3O

, 1996, four weeks

prior to the final approval hearing scheduled in Paragraph 7 of this Order.

5. Counsel for Defendants will provide counsel for Plaintiffs with the names and

addresses of the family members, guardians or next friends for each current resident of the

Clover Bottom, Greene Valley and Nat T. Winston Developmental Centers. Counsel for

Plaintiffs will send those persons the Notice of Proposed Class Action Settlement by first

class mail, postage prepaid, on or before j j e_CeVY\r)€-r- 2Ç) , 1996, four weeks

prior to the final approval hearing scheduled in Paragraph 7 of this Order.

6. Counsel for Plaintiffs and counsel for Defendants will provide Certificates of

Notice to this Court on or before Z 3 a r \ ü C L · r u l"¾

199$ two weeks prior to

the final approval hearing scheduled in Paragraph 7 of this Order. The Certificates of notice

will indicate how and when the notice to class members required by this Order was

accomplished.

7. A hearing on final approval of the proposed Settlement Agreement is hereby

scheduled for d ã r x i x a r u . &1

!99frat ó?'·OÛ ¯p..m.

8. Class members and/or their family members, guardians or next friends who wish

to participate in the hearing must notify the Court in writing of their intent to participate on

or before Jû>Y¯` U . d f u ç¿-O
J

, l99"Ç^ seven days prior to the hearing.

9. Any letters from class members or their family members, guardians, or next

friends in support of or opposition to the proposed Settlement Agreement must be received in

writing by the Clerk of this Court on or before -JcLr\ix¿x_ru olO , 199^ seven

days prior to the final approval hearing scheduled in Paragraph 7 of this Order.

10. The parties shall file with the Court memoranda of law in support of final

approval of the proposed settlement on or before J(XrM¿.0iru 1 3

, 199^7

fourteen days prior to the final approval hearing scheduled in Paragraph 7 of this Order.

Honorable Robert L. Echols United States District Judge

 
 UNITED STATES DISTRICT COURT
 MIDDLE DISTRICT OF TENNESSEE


PEOPLE FIRST OF TENNESSEE, et al.,

)

)

Plaintiffs,

)

)

v.

)

No. 3:95-1227

)

(cons. w/ 3:96-1056)

)

JUDGE SHARP

CLOVER BOTTOM DEVELOPMENTAL )


CENTER, et al.,

)


)


Defendants.

)


______________________________________________________________________________
 AGREED ORDER ______________________________________________________________________________

Pursuant to the Court’s Order dated May 7, 2014 (Dkt. No. 1101, the plaintiffs People First of Tennessee (“People First”) and the United States of America (the “United States”), the intervenors Parent Guardian Association of Clover Bottom Developmental Center and Parent Guardian Association of Greene Valley Developmental Center (collectively the “PGA”), and the defendants State of Tennessee, et al., (collectively the “State”) (People First, the United States, the PGA and the State shall collectively be referred to herein as the “Parties”), engaged in extensive discussions in a mediation conducted over several months with Magistrate Judge Juliet Griffin, and as a result have agreed upon objective and measurable exit criteria for the dismissal of this action. These criteria are set forth in the Exit Plan attached as Exhibit A to this Order, but not incorporated as an Order of the Court. Based on the resolution of the mediation and the presentation of these Parties, IT IS, ORDERED, ADJUDGED AND DECREED that:

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 Case 3:95-cv-01227 Document 1138 Filed 01/29/15 Page 1 of 16 PageID #: 6191

Exit Plan 1. The State has agreed to undertake the obligations set forth in the attached,
unincorporated Exit Plan in exchange for the dismissal of the case and the vacatur of all outstanding injunctive relief as provided in Paragraphs 2, 3, 8, 9, 13, 15, 17, 18, 22, and 24 below. The objective of the Exit Plan is to resolve the above-captioned action (the “CBDC Litigation”) by completing all material provisions of the Exit Plan in two phases: first, Sections II-IX by December 31, 2015; and, second, the completion of Section X by June 30, 2016. The existing orders, except as amended by this Agreed Order and/or subsequent Orders, shall remain in effect until final dismissal with prejudice.
2. Upon the State completing all material provisions of Sections II-IX of the Exit Plan by December 31, 2015, or earlier or later, the Court shall enter an order vacating all outstanding injunctive relief in the CBDC Litigation except that relief that applies to Greene Valley Developmental Center (the injunctive relief that remains in effect subsequent to the order entered upon completion of Sections II-IX of the Exit Plan shall be referred to as the “GVDC Injunctive Relief”), and dismissing the CBDC Litigation with prejudice and in all respects except as to any then existing orders relating to the provision of services to class members while residing in GVDC.
3. Upon the State completing all material provisions of Section X of the Exit Plan by June 30, 2016, or earlier or later, the Court shall vacate the GVDC Injunctive Relief and finally and fully dismiss the CBDC Litigation with prejudice in all respects. Compliance Conferences
4. During the performance of the Exit Plan, the Parties shall have reasonable access to requested information and documents regarding compliance with the Exit Plan without the
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necessity of formal discovery. 5. Beginning in March 2015, the Parties will meet monthly and in person, unless the
Parties agree to meet telephonically or to forego a monthly meeting, with Magistrate Judge Griffin or a successor Magistrate Judge (the “Magistrate Judge”) to conduct Compliance Conferences. The Parties will seek to resolve any issues of compliance with the Exit Plan, if any, during these conferences. This Order shall serve as a standing Order of Reference permitting the Magistrate Judge to address issues of compliance with the Exit Plan as provided herein.
6. During implementation of the Exit Plan, except by operation of Paragraph 16 (a) or 26(a) below and any motions for attorneys’ fees, no Party shall seek a finding of contempt or file a motion seeking any other relief from the Court, except that, any Party may seek relief if the Party believes in good faith that there exists an imminent risk of serious harm to a class member that is not being addressed appropriately.
7. During implementation of the Exit Plan, at the request of a Party or on the Court’s own motion, the Magistrate Judge may issue Reports and Recommendations to the District Court pursuant to Federal Rule of Civil Procedure (“Rule”) 72 finding that the State has completed any or all material provisions of Sections II through X of the Exit Plan. Pursuant to Rule 72, if any Party objects to the Report and Recommendation, that Party must file an objection to the Report and Recommendation within 14 days of issuance of the Report and Recommendation. If no such objection is filed, the findings in the Report and Recommendation shall be final and binding on all Parties, and no Party may raise any further issues with respect to the material provision(s) with which the Report and Recommendation found the State to be in material compliance. Pursuant to Rule 72, the District Court shall review de novo any filed objection. The Party
3
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which filed the objection shall have the burden of proof on all factual issues implicated by the objection, and the Federal Rules of Evidence shall govern any hearing conducted on the objection. Compliance with Sections II-IX of the Exit Plan
8. If (i) the Parties agree that the State has completed all material provisions of Sections II-IX of the Exit Plan, or (ii) the Magistrate Judge has issued Report(s) and Recommendation(s) finding that the State has complied with all material provisions of Sections II-IX of the Exit Plan, and no Party has timely objected, the Parties shall submit to the Court a proposed Order, which the Court shall enter (1) vacating all outstanding injunctive relief in the CBDC Litigation except that relief that applies to Greene Valley Developmental Center; and, (2) dismissing the CBDC Litigation with prejudice and in all respects except as to any existing orders relating to the provision of services to class members while residing in GVDC.
9. If the Magistrate Judge has issued Report(s) and Recommendation(s) finding that the State has complied with all material provisions of Sections II-IX of the Exit Plan, and any timely objection has been overruled by the District Court, the State shall submit to the Court a proposed Order, which the Court shall enter (1) vacating all outstanding injunctive relief in the CBDC Litigation except that relief that applies to Greene Valley Developmental Center; and, (2) dismissing the CBDC Litigation with prejudice and in all respects except as to any existing orders relating to the provision of services to class members while residing in GVDC.
10. If the State determines that it has not completed or will not complete one or more material provisions of Sections II-IX of the Exit Plan by December 31, 2015, the State shall be entitled to extension(s) of the term of the Exit Plan of no more than six months for any single extension, not to exceed one year without the consent of the Parties, to permit the State to
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complete the remaining material provisions of Sections II-IX of the Exit Plan. 11. If the Parties agree that the State has not completed all material provisions of
Sections II-IX of the Exit Plan by December 31, 2015, the Parties may, but are not required to, agree to a proposed Order of conditional dismissal pursuant to Rule 41(a)(2).
12. If the Parties disagree on whether the State has completed all remaining material provisions of Sections II through IX of the Exit Plan by the end of the term for Sections II-IX of the Exit Plan, and that disagreement cannot be resolved by mediation with the Magistrate Judge, the State shall present to the Magistrate Judge its basis for its position that the State has completed all remaining material provisions Sections II through IX of the Exit Plan. The Magistrate Judge may consider this information along with the record of information discussed throughout monthly Compliance Conferences. The Magistrate Judge will then issue a Report and Recommendation, subject to Rule 72, with findings as to whether the State has completed the remaining material provisions of Sections II through IX of the Exit Plan.
13. Except as provided in Paragraph 14, if any Party objects to the Report and Recommendation issued pursuant to Paragraph 12, that Party must file an objection to the Report and Recommendation within 14 days of issuance of the Report and Recommendation. If no such objection is filed, the findings in the Report and Recommendation shall be final and binding on all Parties, no Party may raise any further issues with respect to the material provision(s) with which the Report and Recommendation found the State to be in material compliance, and the Parties shall submit to the Court a consent motion and a proposed Order, which the Court shall enter (1) vacating all outstanding injunctive relief in the CBDC Litigation except that relief that applies to Greene Valley Developmental Center; and, (2) dismissing the CBDC Litigation with prejudice and in all respects except as to any existing orders relating to the provision of services
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 Case 3:95-cv-01227 Document 1138 Filed 01/29/15 Page 5 of 16 PageID #: 6195

to class members while residing in GVDC. Pursuant to Rule 72, the District Court shall review any filed objection de novo. The Party which filed the objection shall have the burden of proof on all factual issues implicated by the objection, and the Federal Rules of Evidence shall govern any hearing conducted on the objection.
14. If the Magistrate Judge issues a Report and Recommendation pursuant to Paragraph 12 finding that the State has not completed one or more material provisions of Sections II through IX of the Exit Plan, the State shall be entitled, at its option and in lieu of an objection to the Report and Recommendation, to extension(s) of the term of these sections of the Exit Plan of no more than six months for any single extension, not to exceed one year without the consent of the Parties, to permit the State to complete the material provision(s) of Sections II through IX of the Exit Plan that the Magistrate Judge has found not to be completed. If the State elects to extend the term of these sections of the Exit Plan pursuant to this Paragraph, the procedures set forth in Paragraphs 8-12 shall govern after the State informs the Parties that it believes that it has completed the material provision(s) of Sections II through IX of the Exit Plan that the Magistrate Judge had previously found not to be completed.
15. If a Party has objected to a Report and Recommendation issued pursuant to Paragraph 12, and this Court, after its review, finds that the State has completed the material provision(s) of Sections II through IX of the Exit Plan identified in the objection, then this Court shall enter an Order (1) vacating all outstanding injunctive relief in the CBDC Litigation except that relief that applies to Greene Valley Developmental Center; and, (2) dismissing the CBDC Litigation with prejudice and in all respects except as to any existing orders relating to the provision of services to class members while residing in GVDC.
16. If a Party has objected to a Report and Recommendation issued pursuant to
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Paragraph 12, and this Court, after its review, finds that the State has not completed one or more material provisions of Sections II through IX of the Exit Plan, then the Court may:
a. make findings regarding the State’s compliance or non-compliance with the material provisions of Sections II through IX of the Exit Plan identified in the objection and enter an Order granting an extensions of the term of the Exit Plan of no more than six months for any single extension, and directing the State to complete the material provision(s) of Sections II though IX of the Exit Plan the Court has found that the State has not completed; and/or
b. enter an Order of conditional dismissal pursuant to Rule 41(a)(2). Compliance with Sections X of the Exit Plan
17. If (i) the Parties agree that the State has completed all material provisions of Section X of the Exit Plan, or (ii) the Magistrate Judge has issued Report(s) and Recommendation(s) finding that the State has complied with all material provisions of Section X of the Exit Plan, and no Party has timely objected, the Parties shall submit to the Court a proposed Order vacating all remaining Injunctive Relief and dismissing the case with prejudice, which the Court shall enter.
18. If the Magistrate Judge has issued Report(s) and Recommendation(s) finding that the State has complied with all material provisions of Section X of the Exit Plan, and any timely objection has been overruled by the District Court, the State shall submit to the Court a proposed Order vacating all remaining outstanding injunctive relief and dismissing the case with prejudice, which the Court shall enter.
19. If the State determines that it has not completed or will not complete one or more material provisions of Section X of the Exit Plan by June 30, 2016, the State shall be entitled to extension(s) of the term of the Exit Plan of no more than six months for any single extension, not
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to exceed one year without the consent of the Parties, to permit the State to complete the remaining material provisions of the Exit Plan.
20. If the Parties agree that the State has not completed all material provisions of Section X of the Exit Plan by June 30, 2016, the Parties may, but are not required to, agree to a proposed Order of conditional dismissal pursuant to Rule 41(a)(2).
21. If the Parties disagree on whether the State has completed all remaining material provisions of Section X of the Exit Plan by the end of the term for Section X of the Exit Plan, and that disagreement cannot be resolved by mediation with the Magistrate Judge, the State shall present to the Magistrate Judge its basis for its position that the State has completed all remaining material provisions of Section X of the Exit Plan. The Magistrate Judge may consider this information along with the record of information discussed throughout monthly Compliance Conferences. The Magistrate Judge will then issue a Report and Recommendation, subject to Rule 72, with findings as to whether the State has completed the remaining material provisions of Section X of the Exit Plan.
22. Except as provided in Paragraph 23, if any Party objects to the Report and Recommendation issued pursuant to Paragraph 21, that Party must file an objection to the Report and Recommendation within 14 days of issuance of the Report and Recommendation. If no such objection is filed, the findings in the Report and Recommendation shall be final and binding on all Parties, no Party may raise any further issues with respect to the material provision(s) of Section X with which the Report and Recommendation found the State to be in material compliance, and the Parties shall submit to the Court a consent motion and a proposed Order vacating all remaining outstanding injunctive relief and dismissing the case with prejudice, which the Court shall enter. Pursuant to Rule 72, the District Court shall review any filed
8
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objection de novo. The Party which filed the objection shall have the burden of proof on all factual issues implicated by the objection, and the Federal Rules of Evidence shall govern any hearing conducted on the objection.
23. If the Magistrate Judge issues a Report and Recommendation pursuant to Paragraph 21 finding that the State has not completed one or more material provisions of Section X of the Exit Plan, the State shall be entitled, at its option and in lieu of an objection to the Report and Recommendation, to extension(s) of the term of Section X of the Exit Plan of no more than six months for any single extension, not to exceed one year without the consent of the Parties, to permit the State to complete the material provision(s) of Section X of the Exit Plan that the Magistrate Judge has found not to be completed. If the State elects to extend the Exit Plan pursuant to this Paragraph, the procedures set forth in Paragraphs 17-21 shall govern after the State informs the Parties that it believes that it has completed the material provision(s) of Section X of the Exit Plan that the Magistrate Judge had previously found not to be completed.
24. If a Party has objected to a Report and Recommendation issued pursuant to Paragraph 21, and this Court, after its review, finds that the State has completed the material provision(s) Section X of the Exit Plan identified in the objection, then this Court shall vacate all remaining outstanding injunctive relief and dismiss the case with prejudice.
25. If a Party has objected to a Report and Recommendation issued pursuant to Paragraph 21, and this Court, after its review, finds that the State has not completed one or more material provisions of Section X of the Exit Plan, then the Court may:
a. make findings regarding the State’s compliance or non-compliance with the material provisions of Section X of the Exit Plan identified in the objection and enter an Order granting an extensions of the term of the Exit Plan of no more than six months for any single
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extension, and directing the State to complete the material provision(s) of Section X of the Exit Plan the Court has found that the State has not completed; and/or
b. enter an Order of conditional dismissal pursuant to Rule 41(a)(2). 26. If the State informs the Court and the Parties that it cannot perform its obligations under the Exit Plan, the Court may vacate this Order. Monitoring 27. In lieu of the duties and responsibilities for monitoring set forth in the Settlement Agreement, which was conditionally approved by this Court’s Order dated July 3, 1997 and accompanying Memorandum and modified by Agreed Order dated September 13, 1999 (hereinafter the “Settlement Agreement”), and any subsequent orders of the Court, all of which are hereby vacated, hereinafter the QRP’s duties and responsibilities for monitoring are only those specifically set forth below, in subparagraphs (a)-(i) of this paragraph. Moreover, the composition of the QRP immediately shall hereinafter consist solely of Jaylon Fincannon, who is the Chair of the QRP (the “QRP Chair”), and Nicole Arsenault. a. By June 30, 2015, the QRP shall conduct annual on-site reviews of the following community providers: Scott Appalachian Industries (East) (“SAI”) and Tennessee Family Solutions (Middle - Waiver) (“TFS”) (collectively the “Providers”). The QRP may contract with a nurse for up to but no more than four (4) days to assist with the review of TFS. The QRP may contract with a person with expertise in physical and nutritional management services for up to but no more than three (3) days to assist with the review of SAI. The QRP shall issue a report for each of the Providers by no later than June 30, 2015, based on a 2015 on-site review, but this report shall not score the Providers in the domains of either Individual Support Planning or Achieving ISP Outcomes. The QRP shall conduct no reviews of community providers that are
10
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not listed herein in 2015, and shall conduct no other community provider reviews after June 30, 2015.
b. For the class members residing at CBDC on the date of the entry of this Order, the QRP Chair shall review the ISTP submitted to it by the State of Tennessee as part of the transition process. Subsequent to the date on which the ISTP is delivered by the State to the QRP Chair (the “Submission Date”), the QRP Chair shall review the ISTP and any supporting documents submitted therewith, and consider any discussions with the regional transition office, in order to determine whether there are any major deficiencies with the placement. Within twenty (20) calendar days of the Submission Date (the “Identification of Major Deficiencies Date”), the QRP Chair shall communicate to the State any major deficiencies with the placement. At its sole discretion, the QRP Chair may extend the Identification of Major Deficiencies Date by one, seven (7) calendar day period, or with the written agreement of the State the date may be extended for a period greater than seven (7) days. For purposes of this provision and subparagraph (c) that follows, the phrase “major deficiency” shall mean only those deficiencies specifically relevant to the safe and orderly transition of the person to the community that are not already addressed within the ISTP (for which implementation is pending), and which are reasonably anticipated to impede the person’s ability to safely transition to the community or which present an imminent and serious risk to the ongoing health and safety of the persons supported in the community. The proposed transition shall not occur until the State corrects any major deficiency identified by the QRP Chair, which requirement shall be satisfied upon the submission of a certification by the State to the QRP Chair that each major deficiency has been corrected, along with an explanation of how each has been corrected.
c. For the class members who transition out of GVDC to other placements following
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the entry of this Order (the “GVDC Residents”), the QRP Chair shall review the ISTP submitted to it by the State of Tennessee as part of the transition process of these individuals. The QRP Chair shall review the ISTP and any supporting documents submitted therewith for the GVDC Residents, and consider any discussions with the regional transition office, in order to determine whether there are any major deficiencies with the placement. The QRP Chair may retain a nurse for up to but no more than eight (8) hours to assist in the review of the ISTP when the QRP Chair determines, within the exercise of sound and reasonable professional judgment, that he needs assistance to review particular medical issues for a transitioning class member. The QRP Chair may retain a specialist in the provision of behavioral services for up to but no more than eight (8) hours to assist in the review of the ISTP when the QRP Chair determines, within the exercise of sound and reasonable professional judgment, that he needs assistance to review particular behavioral issues for a transitioning class member. In instances where the QRP Chair determines he needs to retain either type of consultant, he will provide notice of that determination to the State in advance of retaining the consultant and in the event the State objects to the use of the consultant and a resolution is not reached with the QRP Chair, the State may lodge an objection with the Magistrate whose ruling in this regard shall be final. Within twenty (20) calendar days of the Submission Date, the QRP Chair shall communicate to the State any major deficiencies with the placement. At its sole discretion, the QRP Chair may extend the Identification of Major Deficiencies Date by one, seven (7) calendar day period, or with the written agreement of the State the date may be extended for a period greater than seven (7) days. The proposed transition of the GVDC Residents shall not occur until the State corrects any major deficiency identified by the QRP Chair, which requirement shall be satisfied upon the submission of a certification by the State to the QRP Chair that each major deficiency has been
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corrected, along with an explanation of how each has been corrected. d. While class members reside at GVDC, the QRP shall conduct annual reviews of
GVDC relative only to the provision of appropriate medical and clinical services and only as those services that are particularly described in Exhibit B to this Order. The QRP review of GVDC shall be limited to only those activities described in Exhibit B. When there are no class members residing at GVDC, the QRP shall cease all activities relative to GVDC.
e. In the event that there are any class members residing at CBDC on or after October 13, 2015, the QRP shall conduct an annual review of CBDC relative to Sections IV, V, VI, VII and IX of the Settlement Agreement. In conducting this review, the QRP shall use no more than three consultants in addition to the two members of the QRP, and be on site at CBDC for no more than 3.5 days (28 hours). The QRP shall only conduct a review of CBDC if there are class members residing at CBDC as of October 13, 2015.
f. In regard to any communication any member of, or person working or consulting for, the QRP receives from a class member, class member’s family, provider, advocate, or any other person regarding the litigation or services provided by DIDD, aside from communications relative to the community status reviews described in subparagraph (a), GVDC status reviews described in subparagraph (d), and or the transition of class members from CBDC and/or GVDC as described in subparagraphs (b) and (c), the QRP’s sole responsibility shall be to direct the person to call DIDD (the State shall provide the specific position and number of the person to be contacted), and to report the call to Parties’ counsel in those instances he/she believes it is appropriate to do so;
g. The QRP Chair shall be available to speak to counsel for the parties and/or the Court;
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h. The QRP Chair shall perform transition activities associated with the winding
down of active monitoring;
i. The members of the QRP shall be available, as directed by the Court, to attend
District Court hearings (including mediation sessions or hearings conducted by the Magistrate
Judge);
j. Aside from the activities specifically listed above in subparts (a)-(i), the QRP is to
undertake reviews, issue other reports, and/or engage in other activities only in the event it is
directed to do so by a specific Order of this Court entered subsequent to the entry of the instant
Order;
28. The QRP’s budget for providing the services set forth and described in paragraph
27 shall in no event exceed the following:
a) for all services rendered from February 1, 2015 through June 30, 2015, including the use of any consultants except those described below in subparagraph 28(c), the budget shall not exceed $219,755.72, plus any reasonable and necessary travel expenses incurred in connection with court hearings, the community provider reviews and/or the review of GVDC;
b) for all services rendered from July 1, 2015 through June 30, 2016, including the use of any consultants except those described below in subparagraph 28(c), the budget shall not exceed $298,990.00, plus any reasonable and necessary travel expenses incurred in connection with court hearings, the review of CBDC, if it proves necessary, and/or GVDC. If the CBDC review is made unnecessary pursuant to subparagraph 27(e), the budget for this period shall not exceed $241,990.49;
c) consistent with subparagraph 27(c), the QRP Chair may retain a nurse or a specialist in the provision of behavioral services for up to eight (8) hours to assist in the review of an ISTP when the QRP Chair determines, within the exercise of his sound reasonable professional judgment and with notice to the State, that he needs assistance to review particular medical or behavioral issues for a transitioning resident of GVDC. The QRP shall be reimbursed for the reasonable and necessary use of such consultative services, up to and not in excess of eight (8) hours for any single transition and at a rate not to exceed $175/hour.
d) The QRP shall not submit to the State, and the State shall not be required to pay,
14

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any invoice to the extent it seeks payment for work performed or expenses incurred through June 30, 2016, in excess of the budget described in subparagraphs 28(a)-28(c), and the QRP shall not be entitled to retain any funds in excess of its actual expenses for the periods described or any other period. In the event that all class members have not transitioned from GVDC by June 30, 2016, the State and the QRP Chair will meet to develop a budget for the period beginning on July 1, 2016, for the following activities to the degree they remain applicable: review of ISTPs pursuant to subparagraph 27(b); the annual review of GVDC pursuant to subparagraph 27(c); to attend hearings pursuant to subparagraph 27(i); and/or, to undertake any additional activities so directed by the Court, if any, pursuant to subparagraph 27(j). The QRP will maintain accurate and detailed records regarding all expenditures it makes during the periods described above, and in the event that the QRP believes at any point that its expenditures will exceed the budget set forth above, it will immediately notify the parties, and provide a detailed request with supporting documentation for additional funds (“Additional Funds”) for the applicable period. The QRP shall provide to the State or the Court, in a reasonable time period upon request, records supporting the expenditure or use of funds during the applicable periods. The State shall have no obligation to pay Additional Funds except upon its written agreement to do so, or upon Court Order.
Other Issues
29. Section V.B.10 of the Settlement Agreement is hereby vacated, and therefore
Defendants are no longer required to hold a bed in a developmental center for any class member
transitioning from GVDC or any other developmental center.
30. Notice of the hearing to approve this Order (the “Notice”) was published on
____________ in the Tennessean, the Chattanooga Times Free Press, the Knoxville News
Sentinel, and the Memphis Daily News, and on or before that date on the DIDD website. The
form of the Notice was approved by Magistrate Judge Griffin.
15

Case 3:95-cv-01227 Document 1138 Filed 01/29/15 Page 15 of 16 PageID #: 6205

IT IS SO ORDERED THISWK'$<2)-$18$5<

IT IS SO ORDERED.

______________________________________ KEVIN H. SHARP UNITED STATES DISTRICT COURT

16
 Case 3:95-cv-01227 Document 1138 Filed 01/29/15 Page 16 of 16 PageID #: 6206

EXIT PLAN
Pursuant to the Court’s Order dated May 7, 2014 (Dkt. No. 1101) the plaintiffs People First of Tennessee (“People First”) and the United States of America (the “United States”), the intervenors Parent Guardian Association of Clover Bottom Developmental Center and Parent Guardian Association of Greene Valley Developmental Center (collectively the “PGA”), and the defendants State of Tennessee, et al., (collectively the “State”) (People First, the United States, the PGA, and the State shall collectively be referred to herein as the “Parties”), have engaged in extensive negotiations relative to the litigation currently pending in the United States District Court for the Middle District of Tennessee under the caption People First of Tennessee, et al. v. Clover Bottom Developmental Center, et al., No. 95-1227 (consolidated w/3:96-1056) (hereinafter the “CBDC Lawsuit”). The Parties have reached agreement to lead to the vacatur of all outstanding injunctive relief and the dismissal of the CBDC Lawsuit upon the completion of the objective and measurable exit criteria set forth herein. In particular the Parties have negotiated the obligations set forth in Sections II through IX of the Exit Plan. In addition, as part of the Exit Plan, People First has requested and the State has agreed, as set forth in Section X, to close Greene Valley Developmental Center (“GVDC”). The United States and the PGA have not required this action.
Section I – General Terms A. Agreed Order. Upon the execution of this Exit Plan, the parties will promptly file a joint motion asking the Court to enter an agreed Order (a copy of which is attached as Exhibit A) (the “Agreed Order”) which will provide that: 1. Upon completion of the objective and measureable criteria set forth in Sections II
through IX of the Exit Plan, all outstanding injunctive relief in the CBDC Lawsuit
Case 3:95-cv-01227 Document 1138-1 Filed 01/29/15 Page 1 of 17 PageID #: 6207

shall be vacated and the CBDC Lawsuit shall be partially dismissed with prejudice in accordance with the terms of the Agreed Order (the only remaining provisions of the CBDC Litigation shall be those relating to GVDC and its residents; GVDC will remain subject only to Sections IV, V, and IX of the Settlement Agreement and those set forth in Section X below); and, 2. Upon the completion of the objective and measureable criteria set forth in Section X of the Exit Plan, all remaining outstanding injunctive relief shall be vacated and CBDC Lawsuit shall finally and forever be dismissed with prejudice.
All of the obligations that the State has agreed to undertake in Sections II through X of this Exit Plan are contingent upon the entry of the Agreed Order. If the Court does not enter the Agreed Order attached as Exhibit A, without modification, on or before January 31, 2015, the State shall have no obligations whatever under this Exit Plan.
B. Time Period for Implementing Sections II through IX. Except as otherwise specifically provided in Sections II through IX of this Exit Plan, the State agrees to fulfill the obligations set forth in Sections II through IX of this Exit Plan by no later than December 31, 2015, provided however, that any failure to complete an obligation required to be completed by a date prior to December 31, 2015 shall not be deemed to constitute a failure to satisfy a material provision of this Exit Plan so long as the obligation is satisfied on or before December 31, 2016. The time period for completing the obligations set forth in Sections II through IX of this Exit Plan may be extended pursuant to Paragraph 10, or any other pertinent provision, of the Agreed Order referenced in Section I.A.
C. Time Period for Implementing Section X. Except as otherwise specifically provided in Section X, the State agrees to fulfill the obligations set forth in Section X of this Exit Plan by no later than June 30, 2016, provided however, that any failure to complete an obligation required to be completed by a date prior to June 30, 2016 shall not be deemed to constitute a failure to satisfy a material provision of this Exit Plan so long as the obligation is satisfied on or
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before June 30, 2017. The time period for completing the obligations set forth in Sections X of this Exit Plan may be extended pursuant to Paragraph 19, or any other pertinent provision of the Agreed Order referenced in Section I.A. A delay in closing GVDC shall not serve as a basis for not entering an Order consistent with that described in Section I.A.2 above as long as GVDC ultimately is closed.
D. Authority and Execution in Counterparts. The signatory for each undersigned party below represents that he or she has been authorized to execute this Exit Plan on behalf of the party. In the alternative, where signed by counsel for a party, undersigned counsel warrant and represent that they have the authority from their respective clients, to agree to the terms of this Exit Plan. This Exit Plan may be executed in multiple counterparts, each one of which shall be deemed an original, but all of which shall be considered together as one and the same document.
E. Attorneys’ Fees. 1. The State agrees that People First of Tennessee is a prevailing party for purposes of any attorneys’ fee petition filed pursuant to 42 U.S.C. § 1988 seeking fees and expenses for work done after October 15, 2013 in connection with settlement discussions leading to, the mediation before Magistrate Judge Griffin leading to, and the negotiation and implementation of, this Exit Plan. 2. The State agrees that the Parent Guardian Association of Clover Bottom Developmental Center and Parent Guardian Association of Green Valley Developmental Center are prevailing parties for purposes of any attorneys’ fee petition filed pursuant to 42 U.S.C. § 1988 seeking fees and expenses for work done after January 3, 2014 in connection with
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settlement discussions leading to, the mediation before Magistrate Judge Griffin leading to, and the negotiation and implementation of, this Exit Plan.
Section II—Additional Class Members The Parties have agreed there are three (3) persons who resided at Harold Jordan Center (“HJC”) and whom heretofore had not been classified by the State as members of the CBDC class. As part of this Agreement, the State agrees these three persons are now and shall hereinafter be classified as members of the CBDC class. These three persons are identified in the attached Exhibit B (the “List”). The non-State Parties agree that aside from the three (3) persons identified on the List, there are no additional persons who resided or stayed at HJC for any period of time and whom the State has not previously classified as members of the CBDC class whom should now or in the future be added as members to the CBDC class, and that membership in the CBDC class is here and forever closed.
Section III--Individual Support Plans A. The Commissioner of DIDD shall notify all existing Independent Support Coordination agencies (“ISC Agencies”) and Case Managers, by and through the issuance of a Memorandum, of the following: (1) that the Individual Support Plan (“ISP”) template has been revised as reflected in paragraph B below; and, (2) that all Independent Support Coordinators (“ISCs”) and Case Managers shall be required to complete revised ISP training consistent with paragraph D below by a date to be specified by DIDD (the “Specified Date”), and that any ISC that has not completed that training by the Specified Date shall no longer eligible for reimbursement by the State for the provision of ISC services until such time that the training has been completed.
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B. DIDD has revised the ISP template, Section A, Personal Focus, to include a section entitled “The Person’s Vision of a Preferred Life.” DIDD has also revised the ISP template, Section B, Action Plan, to include columns for each action step that address:
1. strategies for implementation (for staff instruction); 2. how to measure progress; and, 3. how to know that each outcome has been accomplished. DIDD has made the revisions contemplated and described in this paragraph in the form attached hereto as Exhibit C, and this form has been approved by the non-State Parties. C. The Commissioner of DIDD shall notify all existing ISC Agencies and State Case Managers, by and through the issuance of a Memorandum, that ISC and Case Manager Monthly Reviews are required to include a narrative review of each relevant action step. D. DIDD shall revise the current Person Centered ISP training to include the following: 1. an enhanced component in regard to writing outcomes and actions that include skill acquisition;
2. an enhanced component in regard to developing measurable outcomes and action steps that are consistent with the person’s vision of a preferred life;
3. specific training on how to complete Sections A and B of the new ISP template referenced in paragraph no. 2 above; and,
4. completion of the monthly ISP reviews by the ISC or the Case Manager to include monitoring and narrative documentation of the progress made with respect to each action step and outcome.
The State shall provide a draft of the revised training (the “Revised Training”) to the non-State Parties. Upon receiving the draft of the Revised Training, each of the non-State Parties shall
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have fourteen (14) calendar days to submit to the State, in writing, specific, proposed changes to the draft Revised Training, which the State shall consider in good faith and adopt as the State deems appropriate at its sole discretion. The State shall provide to the non-State Parties the finalized Revised Training within seven (7) calendar days of either: (a) the receipt of the nonState Parties’ proposed changes, or (b) the date on which the non-State Parties’ submittals were due.
E. DIDD will provide training to residential and day services providers on personcentered planning and person-centered supports, including ISP development, implementation, documentation, and monitoring; expectations of participants in the person-centered planning process; and, anticipated revisions to the quality assurance requirements consistent with the changes described in paragraph G below. This requirement shall be satisfied by DIDD conducting the aforementioned training at one quarterly provider meeting in each region during 2015 and posting a recording of the training and course material on the DIDD website.
F. DIDD Central Office Policy and Innovation Unit shall conduct train-the-trainer sessions for the Staff Development Units to introduce the revisions to the ISP training. The Staff Development Units shall commence training ISCs and Case Managers on the new ISP curriculum. ISCs who have not completed training on the new ISP curriculum on or before the Specified Date shall no longer be eligible for reimbursement by the State for the provision of ISC services until such time that the training has been completed.
G. DIDD shall modify its Quality Assurance tools and processes for review of class member ISPs to determine providers’ compliance with any new requirements that are established regarding the content of ISPs surrounding the person’s vision of a preferred life, skill acquisition, and measurable outcomes. DIDD shall also modify its Quality Assurance tools and processes to
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assess ISCs’ and residential and day services providers’ compliance with implementation of the ISP, including documentation in the notes and monthly review of progress toward completion of each action step and outcome. The State shall provide a draft of the revised QA Tools (the “Revised QA Tools”) to the non-State Parties. Upon receiving the draft of the Revised QA Tools, each of the non-State Parties shall have fourteen (14) calendar days to submit to the State, in writing, specific, proposed changes to the draft Revised QA Tools, which the State shall consider in good faith and adopt as the State deems appropriate at its sole discretion. The State shall provide to the non-State Parties the finalized Revised QA Tools within seven (7) calendar days of either: (a) the receipt of the non-State Parties’ proposed changes, or (b) the date on which the non-State Parties’ submittals were due.
Section IV—Use of Psychotropics A. TennCare and DIDD shall collaborate to develop training on the use of psychotropic medications for individuals with intellectual or developmental disabilities (“I/DD”). The State shall make this training available to all licensed physicians and other licensed prescribers in Tennessee who participate in the TennCare program. B. TennCare and DIDD shall collaborate to develop training and make it available to consumers, family members, and conservators regarding appropriate use of psychotropic medications, including how to complete the IDD Toolkit Behavioral/Emotional Concerns— Caregiver Checklist in order to better inform appropriate behavioral interventions (“Family Training”). The State shall provide a draft of the Family Training to the non-State Parties. Upon receiving the draft of the Family Training, each of the non-State Parties shall have fourteen (14) calendar days to submit to the State, in writing, specific, proposed changes to the draft Family
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Training, which the State shall consider in good faith and adopt as the State deems appropriate at its sole discretion. The State shall provide to the non-State Parties the finalized Family Training within seven (7) calendar days of either: (a) the receipt of the non-State Parties’ proposed changes, or (b) the date on which the non-State Parties’ submittals were due.
C. TennCare shall use its Pharmacy Advisory Committee (the “Committee”) to review and modify, as the Committee deems appropriate, prior authorization criteria for TennCare reimbursement of psychotropic medications (applicable only to members who are not eligible for Medicare). As a condition of such authorization in the absence of an appropriate psychiatric diagnosis, such prior authorization criteria will require, as the Committee deems appropriate, documentation appropriate to support the prescription of a psychotropic medication (e.g., a completed and signed IDD Toolkit Psychotropic Medication Checklist, and/or documentation of other less restrictive interventions that have been tried to address the concerns for which the medication is being prescribed).
D. Subject to review and approval of TennCare’s Pharmacy Advisory Committee: (1) initial authorization of any new psychotropic medication for a person with I/DD who does not have a psychiatric diagnosis will be limited to a period of no more than ninety (90) days in order to evaluate the efficacy of the drug in addressing the concerns for which the medication is being prescribed and, (2) approval of subsequent authorizations will be conditioned upon documentation of such efficacy and, where possible and appropriate, the identification of a supporting diagnosis.
E. TennCare shall work with its Pharmacy Advisory Committee to establish, as the Committee deems appropriate, additional requirements for authorization of multiple
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psychotropic medications for individuals with I/DD, including review of potential drug-to-drug interactions.
F. DIDD shall standardize, statewide, the referral process to a Psychopharmacology Review team in each of the three Grand Regions, for a review of psychotropic polypharmacy concerns. The referral process shall identify as appropriate for potential referral, at a minimum, persons supported for whom two or more psychotropic medications in the same class have been prescribed, or for whom four or more psychotropic medications have been prescribed. DIDD shall provide information regarding this referral process to DIDD providers and families of service recipients by the following means during the calendar year 2015:
1. include information relative to the existence and charge of these teams quarterly through DIDD’s Open Line publication;
2. present information relative to the existence and charge of these teams at regional Provider Forums; and,
3. present information relative to the existence and charge of these teams at the ISC Leadership Group.
Upon implementation of the standardized referral process, DIDD will begin tracking data to review the efficacy of these Psychopharmacology Reviews, including, at a minimum, the number of referrals received, the source of referrals, the number of reviews completed, and the number of reviews resulting in a change in prescriber practices for the person supported (to the best of the Review team’s knowledge).
Section V—Behavioral Respite Services A. DIDD shall establish eight (8) behavioral respite beds for individuals with I/DD, 4 in East TN and 4 in Middle TN.
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B. TennCare and DIDD shall develop and TennCare shall submit to CMS for review and approval an amendment to TennCare Contractor Risk Agreements with Managed Care Organizations to provide Behavioral Crisis Prevention, Intervention and Stabilization Services for individuals with I/DD. The service will assist and support the person or agency who is primarily responsible (whether paid or unpaid) for supporting an individual with I/DD who is experiencing a behavioral crisis that presents a threat to the individual’s health and safety or the health and safety of others. Behavioral Crisis Prevention, Intervention, and Stabilization Services are provided to help prevent unnecessary institutional placement or psychiatric hospitalization. The State intends such services to include:
• Assessing the nature of a crisis to determine whether the situation can be stabilized in the current location or if a more intensive level of intervention is necessary, e.g., Behavioral Respite or when appropriate, inpatient mental health treatment;
• Arranging the more intensive level of intervention when necessary; • Direction to those present at the crisis or direct intervention to de-escalate
behavior or protect others in the immediate area; • Identification of potential triggers and development or refinement of interventions
to address behaviors or issues that precipitated the behavioral crisis; and/or, • Training and technical assistance to those who support the individual on crisis
interventions and strategies to mitigate issues that resulted in the crisis.
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Section VI—Protection from Harm A. DIDD shall prepare1 informational material for local law enforcement entities (the
“Informational Material”) to be made available statewide. The informational packet shall
include at least the following:
1. an introduction to I/DD;
2. a description of the services provided by DIDD;
3. the responsibilities of the DIDD investigators in conducting administrative investigations of allegations of abuse, neglect and exploitation; and,
4. Tennessee criminal statutes that may have application when the victim is a vulnerable person.
B. DIDD shall identify local law enforcement entities in each of the three regions
that may benefit from the Informational Material, and mail or otherwise provide the material to
the local law enforcement entities. From the date of the entry of an Order approving the Exit
Plan until and through December 1, 2015, DIDD shall conduct more in-depth informational
sessions if requested by any local law enforcement entities.
C. The Informational Material will be posted on the DIDD website. The
Informational Materials will also be provided to the Tennessee Law Enforcement Training
Academy.
D. A description of the Informational Material, along with a link to the material on
DIDD’s website, will be included in DIDD’s Open Line newsletter at least once a quarter during
the calendar year 2015.
1 This informational material will be developed by DIDD’s Protection from Harm unit, with the assistance of the DIDD Office of General Counsel, the State Director of Psychological and Behavioral Services, and the Program Operations unit. The State shall provide a draft of the Informational Material to the non-State Parties. Upon receiving the draft of the Revised Training, each of the non-State Parties shall have fourteen (14) calendar days to submit to the State, in writing, specific, proposed changes to the draft Revised Training, which the State shall consider in good faith and adopt as the State deems appropriate at its sole discretion. The State shall provide to the non-State Parties the finalized Revised Training within seven (7) calendar days of either: (a) the receipt of the nonState Parties’ proposed changes, or (b) the date on which the non-State Parties’ submittals were due.
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E. DIDD shall enter into a contract with a qualified contractor to assemble an external mortality review committee to evaluate a sample of death reviews completed by the Regional Mortality Review Committee. Based upon this evaluation, the contract shall require the qualified contractor to identify system-wide issues that may be the subject of improvements that are achievable and measureable.
Section VII—Enrollment of Class Members in SelectCommunity A. TennCare shall develop a letter and educational materials regarding the benefits of participation in SelectCommunity and the process for enrolling in SelectCommunity. The letter and accompanying educational materials will be mailed to all class members enrolled in one of the state’s three Section 1915(c) waivers and their family member/conservator, as applicable. B. Upon the development of the educational materials described in Section VII.A., these materials shall thereafter be presented to and discussed with any class member residing at Clover Bottom Developmental Center or Greene Valley Developmental Center, or the class member’s family member or conservator, as applicable, in attendance at the 2015 annual ISP meeting as an option that would be available to the class member upon transition from the Developmental Center, should the person elect to receive waiver services upon transition.
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C. Prior to mailing the letter and educational materials described in Section VII.A., TennCare and DIDD shall develop and present to ISCs and I/DD waiver providers during at least one quarterly ISC leadership meeting and at least one quarterly provider meeting in each region information regarding the benefits of participation in SelectCommunity and the process for enrolling in SelectCommunity, and will advise ISCs and waiver providers of the notices and educational materials that will be mailed. The State shall include in the training materials referenced in Section III.D. above, information about the availability and benefits of enrolling in SelectCommunity, populations eligible to enroll in SelectCommunity, the process for enrolling in SelectCommunity, the role and responsibilities of ISCs in working with nurse care managers, and coordination of physical and behavioral health services needs with Long Term Services and Supports.
Section VIII--Freedom of Choice Form and Freedom of Choice The State has revised the Freedom of Choice Form to describe the rights afforded to persons choosing to receive care in an ICF/IID facility, including the right to choose any available, willing provider of ICF/IID services, the right to choose a different available, willing ICF/IID service provider; and, the right to appeal if the person’s choice of available, willing ICF/IID providers is not honored. The revised Freedom of Choice Form, and accompanying Residential Services Option information sheet, both of which have been approved by the Parties, are attached hereto as Exhibit D.
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Section IX--Entry into the CAC Waiver The State has submitted an application to CMS to approve a waiver, CMS Control # 0357, known as the Comprehensive Aggregate Cap waiver (the “CAC Waiver”). Beginning on the date of the entry of the Agreed Order approving this Exit Plan or CMS approval of the CAC Waiver, whichever is later, and ending on the date the CAC Waiver is either terminated or renewed, the State agrees that CBDC class members (and upon dismissal of the CBDC Litigation, former CBDC class members) who are otherwise eligible to receive waiver services shall be permitted to choose to receive services through the CAC Waiver. While the State’s agreement in this regard shall continue, for purposes of this Exit Plan the State shall be deemed to have satisfied its obligations under this provision if the CAC Waiver remains open to all CBDC class members who are eligible to enroll in the CAC waiver from the date it is approved by CMS until the date the State has completed the obligations set forth in Sections II through IX of this Exit Plan.
Section X—Closure of GVDC A. Subsequent to the entry of the Agreed Order, the State shall announce:
1. that GVDC shall be closed; and, 2. that the closure of GVDC shall occur by no later than June 30, 2016. B. Subsequent to the entry of the Agreed Order, the State shall notify all class members residing at GVDC that the State is an unwilling provider of services at GVDC.
C. Subsequent to the entry of the Agreed Order, the State shall no longer be required by Settlement Agreement Section V.B.10 to hold a bed in a developmental center for any class member transitioning from GVDC or any other developmental center.
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D. The State will offer to class members transitioning out of GVDC freedom of choice of: (1) available, willing ICF/IID providers; or (2) enrollment in the CAC Waiver and available, willing HCBS waiver providers.
E. The State shall prepare Individual Support Transition Plans for all class members transitioning out of GVDC.
F. All class members shall be transitioned out of GVDC in accordance with each class member’s Individual Support Transition Plan.
G. The State shall make the results of the 1-day, 5-day, and 30-day post-transition reviews by the state for each class member transitioning from GVDC available to the conservator upon their request.
- 15 ­ Case 3:95-cv-01227 Document 1138-1 Filed 01/29/15 Page 15 of 17 PageID #: 6221

AGREED TO:

On Behalf of the United States of America:
DAVID RIVERA United States Attorney Middle District of Tennessee
MICHAEL RODEN Assistant United States Attorney United States Attorney’s Office 110 9th Avenue South, Suite A-961 Nashville, TN 37203 (615) 736-5151

VANITA GUPTA Acting Assistant Attorney General Civil Rights Division
EVE HILL Deputy Assistant Attorney General Civil Rights Division
JONATHAN M. SMITH Chief Special Litigation Section
SHELLEY R. JACKSON Deputy Chief Special Litigation Section
______________________ R. JONAS GEISSLER Senior Trial Attorney Special Litigation Section U.S. Department of Justice Civil Rights Division 950 Pennsylvania Ave., NW Washington, D.C. 20530 (202) 353-8866

- 16 ­ Case 3:95-cv-01227 Document 1138-1 Filed 01/29/15 Page 16 of 17 PageID #: 6222

On Behalf of People First of Tennessee:

On Behalf of Defendants:

__________________________________ EARLE J. SCHWARZ The Offices of Earle J. Schwarz for the Practice of Law and Mediation 2157 Madison Avenue, Suite 201
JACK DERRYBERRY Derryberry & Derryberry 2400 Crestmoor Rd. Nashville, TN 37215
JUDITH GRAN Freeman, Carrola, Reisman & Gran LLC 19 Chestnut St. Haddonfield, NJ 08033

HERBERT H. SLATERY III Attorney General and Reporter
___________________________ MARTHA CAMPBELL (9654) Deputy Attorney General General Civil Division P.O. Box 20207 Nashville, TN 37202
JONATHAN P. LAKEY (16788) Pietrangelo Cook, PLC 6410 Poplar Ave., Suite 190 Memphis, TN 38119 (901) 685-2662

On behalf of the Parent Guardian Associations:
Parent Guardian Association of Cloverbottom Developmental Center (a/k/a Parent Guardian Association for Retarded Citizens of Clover Bottom Developmental Center)
__________________________________ By: Lynne Burkett Title: President

Parent Guardian Association of Greene Valley Developmental Center (a/k/a Parent Guardian Association of Greene Valley Developmental Center and East Tennessee Community Homes)
___________________________________ By: Tatum Fowler Title: President

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EXHIBIT B 
 To Exit Plan 
 (New CBDC Class Members) 

Case 3:95-cv-01227 Document 1138-2 Filed 01/29/15 Page 1 of 2 PageID #: 6224

Exhibit B 1. Lloyd E, admitted to HJC on 5/8/2001 and discharged on 10/24/2001. 2. Johnny Lee S., admitted to HJC on 3/12/2008 and discharged on 8/20/2008. 3. Joshua W., admitted to HJC on 8/14/2007 and discharged on 2/7/2008.
Case 3:95-cv-01227 Document 1138-2 Filed 01/29/15 Page 2 of 2 PageID #: 6225

EXHIBIT C 
 To Exit Plan 
 (ISP Template) 

Case 3:95-cv-01227 Document 1138-3 Filed 01/29/15 Page 1 of 12 PageID #: 6226

(Select One)
(Edition Type)
Person’s Information:
Home Address: City, State, Zip: Date of Birth: Social Security Number: Waiver enrollment date:

Phone: Regional Office:

INDIVIDUAL SUPPORT PLAN NameField1 NameField2
(Person’s Full Name)
FACE SHEET

ISP Effective Date: Date ISP Amended:

W M E

For an amendment, check each section that will replace the previous edition of that section in the ISP.
[ ] A. Personal Focus [ ] B. Action Plan [ ] C. Services and Supports [ ] D. Behavior Support Plan [ ] E. Planning Meeting Signature Sheet

Conservator or Other Legal Representative:
Name: Relationship: Street Address: City, State, Zip: Phone:

Other Primary Contact:

Name:

Relationship:

Street Address:

City, State, Zip:

Phone: [ ] YES
[ ] YES

[ ] NO Is the Primary Contact eligible to receive Protected Health Information in accordance with HIPPA requirements?
[ ] NO Is there a signed release of information form?

This Edition of ISP Prepared By:
Name: Position: Agency: Phone:
Reason for Submission to DIDD: (Select one reason below.) (Select One)
DIDD Use Only: Imprint Date of Receipt of the ISP or Amendment by
the DIDD Regional Office in the Space Below:

Planning Meeting: Date:

Time:

Location:

Page 1
Case 3:95-cv-01227 Document 1138-3 Filed 01/29/15 Page 2 of 12 PageID #: 6227

(Select One)
(Edition Type)
[ ] Amended Section

INDIVIDUAL SUPPORT PLAN NameField1 NameField2
(Person’s Full Name)
A. PERSONAL FOCUS

ISP Effective Date: Date ISP Amended:

Purpose: This section is written to ensure that the ISP is focused on the person. The information reflects what this person, his/her family and/or legal representative, and the persons they have chosen, have told the preparer of this ISP. Important information from the person’s records also is included as desired by the person, family or his/her legal representative. The Personal Focus is completed prior to, and distributed to everyone invited to the planning meeting. This information provides the foundation around which supports, services, outcomes, goals, actions, etc. are planned and carried out for this person. If in this Personal Focus, the person or his/his legal representative and/or family indicate that anything needs to be different, changed, or ensured in the person’s life, it will be addressed in the Action Plan of this ISP.

1. Description of the Person’s Current Life:
Describe the Person‘s Current Situation and What is Important to the Person

What’s important to and for NameField1 and what do others need to know to support NameField1 in these areas of daily life?

a. Home:
What do people like and admire about NameField1? What are the good things that others say about NameField1? • (Click here and begin typing. To add another bullet, press Enter at the end of each sentence.) What is important to NameField1? What is important for NameField1? • (Click here and begin typing. To add another bullet, press Enter at the end of each sentence.) What supports does NameField1 need at home (what should supports look like for the person)? • (Click here and begin typing. To add another bullet, press Enter at the end of each sentence.)
b. Day:
What is important to NameField1 during the day? What is important for NameField1 during the day?
• (Click here and begin typing. To add another bullet, press Enter at the end of each sentence.)

Page 2
Case 3:95-cv-01227 Document 1138-3 Filed 01/29/15 Page 3 of 12 PageID #: 6228

Describe the Person‘s Current Situation and What is Important to the Person
What’s important to and for NameField1 and what do others need to know to support NameField1 in these areas of daily life?
What supports does NameField1 need during the day (what should supports look like for the person)? • (Click here and begin typing. To add another bullet, press Enter at the end of each sentence.)
c. Relationships/Natural Supports/Community Involvement:
What is important to NameField1? What important for NameField1? • (Click here and begin typing. To add another bullet, press Enter at the end of each sentence.) What supports does the person need in order to develop and maintain relationships?
• (Click here and begin typing. To add another bullet, press Enter at the end of each sentence.)
d. Medical Conditions: List chronic medical, psychiatric, and other health conditions.
What is important for NameField1 to be healthy and safe? What is important to the person in regards to their interest in helping to manage their healthcare? • (Click here and begin typing. To add another bullet, press Enter at the end of each sentence.)
e. Allergies: List food, drug and other allergies.
• (Click here and begin typing. To add another bullet, press Enter at the end of each sentence.)
f. Mealtime: List food likes and dislikes, special diets, dining issues, weight issues, etc.
What is important to NameField1? What is important for NameField1? • (Click here and begin typing. To add another bullet, press Enter at the end of each sentence.) What is important for NameField1 to be healthy and safe at mealtime? • (Click here and begin typing. To add another bullet, press Enter at the end of each sentence.)
Page 3
Case 3:95-cv-01227 Document 1138-3 Filed 01/29/15 Page 4 of 12 PageID #: 6229

2. What is the Person’s Vision of a Desired Life? What is the person’s vision for their life? What does the person want to accomplish? What
supports will the person need in order to achieve their goals?
• (Click here and begin typing. To add another bullet, press Enter at the end of each sentence.)
3. Personal Funds Management: Specify the person’s preferences regarding personal funds management.
(Click & Type Here)
4. Decision-Making: Specify the person’s rights and responsibilities for making other decisions.
(Click & Type Here)
�
5. Communication: Specify how the person communicates with others and the best way to communicate with the person.
(Click & Type Here)
�
6. Other Important Things that Supporters Should Know:
• (Click here and begin typing. To add another bullet, press Enter at the end of each sentence.)
Page 4
Case 3:95-cv-01227 Document 1138-3 Filed 01/29/15 Page 5 of 12 PageID #: 6230

(Select One)
(Edition Type)
[ ] Amended Section

INDIVIDUAL SUPPORT PLAN NameField1 NameField2
(Person’s Full Name)
B. ACTION PLAN – VISION OF A DESIRED LIFE

ISP Effective Date: Date ISP Amended:

Purpose: This Action Plan is developed based on information gathered from the person and the person’s family or legal representative during a meeting with the
person’s support planning team and from assessments and other information sources.
The Action Plan consists of:
1. � Identifying actions needed for the person to achieve their vision of a desired life; 2. � Identifying actions for meeting the person’s needs and preferences; 3. � Identifying actions for supporting the person’s activities of daily life; 4. � Identifying actions to address any other risks in the person’s life; 5. � Planning actions for supporting the person during non-routine events; and, 6. � Recording the action to be taken as the result of any other issues discussed during the planning meeting. The member of the team chosen and designated as
the provider of the service or support used or needed by the person will be responsible for carrying out and documenting the implementation and/or completion of that particular action.

1. OUTCOMES:
WHAT IS THE OUTCOME? The focus
for this section should be the person’s vision of a desired life. What is their personal goal and where are they now in achieving that goal?

STRATEGIES FOR IMPLEMENTATION:
What are the barriers to implementation? What’s working and not working? What are the strategies to remove the barriers, and overcome what’s getting in the way?

WHAT ARE THE ACTION STEPS NEEDED TO IMPLEMENT THE PERSONS GOALS?

HOW WILL PROGRESS BE MEASURED?

WHO WILL DO? WHEN?

(Click here to begin typing. Press TAB to move to next column.)

(Use TAB key to move to next column) (Use TAB key to move to (Use TAB key to move

next column)

to next column)

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2. OTHER RISKS IN THIS PERSON’S LIFE: If not addressed elsewhere in this Action Plan.

Risk & Personal Choice: List risks identified from
risk assessments or other assessments and the person’s choice regarding the risk. If the person does not have 24-hour supervision, the type of supervision needed must be specified.

Action Needed: Specify the actions needed to address, manage, or
alleviate the risk and the type, frequency (hours/day, days/week), and location of supports and services needed.

Responsible Person or Entity

Projected Timeframes

(Click here to begin typing. Press TAB to move (Use TAB key to move to next column) to next column.)

(Use TAB key to move to next column)

(Use TAB key or "Table", "Insert Rows" to add new rows)

3. SUPPORTS FOR NON-ROUTINE EVENTS: These are events that would vary from the regular routine and that reasonably could be anticipated and
planned for in advance so that supports could be arranged. Significant events may require the ISP to be amended.

Non-Routine Event: Examples include vacation,
travel, visiting family, job loss, school closure, hospitalization, illness, crisis, respite, etc.

Action Needed: Specify the type, frequency (hours/day,
days/week), and location of supports and services needed, including special equipment, technology, treatment, etc.

Responsible Person or Entity

Projected Timeframes

(Click here to begin typing. Press TAB to move (Use TAB key to move to next column) to next column.)

(Use TAB key to move to next column)

(Use TAB key or "Table", "Insert Rows" to add new rows)

Page 6
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(Select One)
(Edition Type)
[ ] Amended Section

INDIVIDUAL SUPPORT PLAN NameField1 NameField2
(Person’s Full Name)
C. SERVICES AND SUPPORTS

ISP Effective Date: Date ISP Amended:

Purpose: The purpose of Section C is to identify the supports and services that are being used, or are required, to meet the needs of the person.

1. � Medicaid State Plan and Other Supports and Services (excluding DIDD or HCBS waiver services): The following supports and services include
services provided under the Medicaid State Plan/TennCare Program; services available through other local, state, or federally mandated programs or eligibilitybased programs; and other generic community supports used by the person. Excluded are DIDD or Medicaid HCBS waiver services that are listed in Section C2.

Service or Support

Provider, Agency, or Program

[ ] TennCare Program/Medicaid State Plan Services Name of MCO: Name of BHO:

[ ] Medicare Coverage

Administering Agency:

[ ] Dental Insurance / Coverage

Name of Carrier / Plan: Name of Dentist:

[ ] Local Educational Services

Name of School District:

[ ] Vocational Rehabilitation Services

DRS Provider:

[ ] Food Stamp Program

Issuing Agency: Tennessee Department of Human Services

[ ] Federal / State Housing Assistance

Name of Program:

[ ] Advocacy Services

Name of Program:

[ ] Special Transportation Services

Public Transportation Authority / Locality:

[ ] Paid Conservatorship Services

Corporate Entity Name:

[ ] Senior / Aging Support Services

Name of Program / Service:

[ ] Specify:

[ ] Specify:

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2. DIDD or Medicaid HCBS Waiver Services: The needs, outcomes, goals and actions to be addressed by each of these DIDD or Medicaid HCBS Waiver
services are reflected in the Action Plan of this ISP. The providers approved below for these authorized services are responsible for carrying out this ISP and meeting the health and personal safety needs of this person.

A

B

C

Service Name &
*Type of Request

Service Code

Tier

&

Fund Source

1 Independent Support Coord (Select)
2

(Select)

D
Provider Name &
Provider Code

E
Site Name &
Site Code

F
Start Date &
End Date

G
Unit Rate &
Unit Type

Monthly

H
# of Units &
Cost
1 / mo.

(DIDD USE ONLY)

**Deny

Approve Deny

& Partial

Approve

[ ][ ][ ]

[ ][ ][ ]

3

[ ][ ][ ]

4

[ ][ ][ ]

5

[ ][ ][ ]

6

[ ][ ][ ]

7

[ ][ ][ ]

— If checked, the listing of requested / authorized services continues on the next page of this section.

DIDD Review and Authorization of Services:

Total Cost:

(Authorizing Signature)

(Title)

(Date)

* TYPE OF REQUEST: 1. Continue Service 2. Add New Service 3. Assessment 4. Delete Service 5. Increase Service 6. Decrease Service

* * PARTIAL APPROVAL BY DIDD: For partial approval of a request, DIDD must complete the following section C.3. to indicate details of the partial approval.

7. Add/Change Provider

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2. DIDD or Medicaid HCBS Waiver Services (Cont’d.):

A
Service Name &
*Type of Request

B

C

Service Code

Tier

&

Fund Source

D
Provider Name &
Provider Code

8

9

10

11

12

13

14

15

16

E
Site Name &
Site Code

F
Start Date &
End Date

G
Unit Rate &
Unit Type

H
# of Units &
Cost

(DIDD USE ONLY)

**Deny

Approve Deny

& Partial

Approve

[ ][ ][ ]

[ ][ ][ ]

[ ][ ][ ]

[ ][ ][ ]

[ ][ ][ ]

[ ][ ][ ]

[ ][ ][ ]

[ ][ ][ ]

[ ][ ][ ]

DIDD Review and Authorization of Services:

Total Cost:

(Authorizing Signature)

(Title)

(Date)

* TYPE OF REQUEST: 1. Continue Service 2. Add New Service 3. Assessment 4. Delete Service 5. Increase Service 6. Decrease Service

* * PARTIAL APPROVAL BY DIDD: For partial approval of a request, DIDD must complete the following section C.3. to indicate details of the partial approval.

7. Add/Change Provider

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3. PARTIAL APPROVAL OF A SERVICE DENIED BY DIDD

(This section is to be completed only by DIDD for partial approval of a DIDD or Medicaid HCBS Waiver Service.)

A Service Name
& Type of Request

B

C

Service Code

Tier

&

Fund Source

D Provider Name
& Provider Code

E Site Name
& Site Code

F Start Date
& End Date

G Unit Rate
& Unit Type

H # of Units
& Cost

(DIDD USE ONLY) Partial Approval

1. [ ]

2. [ ]
3. [ ]

4. [ ]

Total Cost:

Page 10
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(Select One)
(Edition Type)
[ ] Amended Section

INDIVIDUAL SUPPORT PLAN NameField1 NameField2
(Person’s Full Name)
D. BEHAVIOR SUPPORT PLAN
�

ISP Effective Date: Date ISP Amended:

1. Attach a Copy of the Behavior Support Plan where applicable or, if being amended, attach the amended Behavior Support Plan.

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EXHIBIT D 
 To Exit Plan 
 (Freedom of Choice Form and 
 Information Sheet) 

Case 3:95-cv-01227 Document 1138-4 Filed 01/29/15 Page 1 of 5 PageID #: 6238

FREEDOM OF CHOICE FORM


If you qualify for care in an Intermediate Care Facility for Individuals with Intellectual Disabilities (ICF/IID), you have the right to choose between:
• Services in your own home in the community under the Medicaid Home and
 Community Based Services (HCBS) Waiver program; or

• Services in an ICF/IID.
The Medicaid Home and Community Based Services (HCBS) Waiver program provides services in your home and community. “Your own home” could be the home of a family member, or a home or apartment that you rent or own. You get to help choose your home. You also get to lead the planning process to help decide what kinds of services you need to live in your home and be part of your community.
You may want to talk with family, friends, or others before you choose between services in your own home or in an ICF/IID. The Department of Intellectual and Developmental Disabilities can provide more information about the HCBS waiver program and ICF/IID services if needed.
Please check one of the boxes below to tell us your choice:
I want to be in the Medicaid HCBS Waiver program and get [ ] services in my home and community. I will have the following
rights: • To choose any available qualified provider for my services; • To choose a different service provider if I am not happy; and • To appeal if I am not given my choice. I want to receive services in an ICF/IID. I will have the following [ ] rights: • To choose any available qualified provider for my services; • To choose a different service provider if I am not happy; and • To appeal if I am not given my choice.

Name of

Social Security

Enrollee ___________________________________________ Number _______________

Signature of Enrollee (or Authorized Representative) _____________________________________

Date __________________

Signature of DIDD Representative ______________________________________ Date __________________

Effective
Case 3:95-cv-01227 Document 1138-4 Filed 01/29/15 Page 2 of 5 PageID #: 6239

Residential Service Options
This is a list of some of the most common types of residential services for people with intellectual disabilities in Tennessee. It includes a brief description of each service. This list is not all-inclusive; there continue to be new approaches to providing residential services in the DIDD (Department of Intellectual and Developmental Disabilities) system. This list is simply an overview of the most common models already in place.
There are two basic kinds of residential services: Home and Community Based Waiver Services (HCBS) and Intermediate Care Facilities for Individuals with Intellectual Disabilities (ICFs/IID). HCBS are provided under the State’s Medicaid HCBS Waiver program.
The Medicaid HCBS Waiver program provides services in the person’s home and community— outside of an ICF/IID. The person’s “own home” could be the home of a family member, or a home or apartment that the person rents or owns. For some services, it could also be a home owned or leased by the provider. The person supported gets to help choose their home and who they live with. Regardless of the kind of HCBS, the person is responsible for paying their living expenses, including rent, utilities, food, etc.
To receive HCBS waiver services, a person must qualify for ICF/IID services, but choose to receive services in a more home-like setting. Instead of one agency providing all services the person needs (as it is in an ICF/IID), in the HCBS Waiver, the person or their conservator can choose a provider for each waiver service they need. The services the person needs will be part of their Individual Support Plan (ISP). These can include residential services, employment and day services, therapy services, nursing services, and other waiver services covered in the State’s approved waiver. The person will also receive independent support coordination (ISC) services to develop their ISP, request needed services, and monitor the ISP and the delivery of services to assure that their needs are met. The person supported gets to lead the planning process to help decide what kinds of services they need to live in their home and be part of their community. The residential agency is selected by the person(s) supported and provides needed staffing to support the person(s) with maintaining their home, managing the day-to-day routines in the home (meals, cleaning, hygiene, etc.), making sure each person’s needs are met, and helping each person be as independent as possible and participate in their community. Except for Medical Residential Services, the provider agency does not deliver medical services. However, they are responsible for helping to arrange the person’s medical appointments and transportation to those appointments. The provider agency is also responsible for providing needed transportation to support work, recreation and leisure activities.
Under federal law, ICFs/IID are institutions. The State’s Developmental Centers, including Clover Bottom and Green Valley, are ICFs/IID. The State also operates a limited number of 4­ bed ICF/IIDs. The State will not be building any more 4-bed homes. In addition, there are other ICFs/IID that are operated by private (non-State) providers. These also include many smaller 4­ bed homes, some 8-bed homes, and a few larger facilities. Even though ICFs/IID are institutions, the State and most other ICF/IID providers try to help make sure the ICF/IID feels like the person’s home and that people in the ICF/IID also have opportunities to be part of their communities.
1
­
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HCBS Waiver Service
Supported Living
Residential Habilitation
Family Model Residential Support
Medical Residential
Services

Description
This is the most common type of residential living arrangement in Tennessee. A supported living home is a community home or apartment, leased or owned and controlled by the person(s) supported. It is in their name, and it is their home. No more than three people can live together and receive Supported Living services. The people who live in the home (or their conservators) get to help choose the staff who work in the home—typically in shifts. (Less often, the staff may live with the person in their home.) The person supported also gets to help choose their housemates. They also get to help decide how things are done in the home, and have choice and control over their everyday lives. If the person(s) supported want to change provider agencies, they do not have to physically move; it is their home. A new provider agency replaces the existing provider agency in the person’s current home at an agreed-upon date. Supported living homes must pass a DIDD Site Inspection prior to the person living and receiving services there. Residential Habilitation services are provided in a home that is owned or leased and controlled by a provider agency. These are often called “group homes.” Residential Habilitation homes can serve up to four people unless they were started before 2000. (There are a few larger homes started before 2000 that serve up to ten people.) The amount of input that the persons served have in selecting support staff is more limited. People receiving Residential Habilitation services pay their room and board costs to the provider. Food and basic supply items are then paid for by the agency, and the person is responsible for clothing items and other personal items. The agency is responsible for upkeep and maintenance of the home. Generally the home is supported by shift staff, but sometimes there is a live-in home manager. Residential Habilitation homes are inspected and licensed by the state. In family-model residential support, the person lives with no more than two other people receiving support in the home of a trained caregiver who is not the person’s family. The intent of this model is to make the person(s) a part of the caregiver’s family and community. The person or conservator should get to choose the Family Model Residential agency as well as whether they want to live with a specific family model caregiver. The home is leased or owned and controlled by the caregiver. The person pays room and board to the Family Model Residential Support provider. Food and basic supply items are paid for by the agency, and the person is responsible for clothing items and other personal items. The owner of the home is responsible for maintenance and upkeep. The home is inspected and monitored by the provider agency. This type of residential service combines nursing services for people who need daily skilled nursing tasks with other supports needed to live safely in the community. Medical Residential Services is only for people who
2

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ICF/IID Services

need skilled nursing tasks three or more times per day. The nursing services must be ordered by a licensed prescriber. In addition to shift support staff, a nurse is available to all persons who live there up to 24 hours a day, depending on the nursing needs of each person living in the home. (If needed medical services can be provided by short nursing visits up to three times a day, the person will not qualify for medical residential services.) These homes may be supported living homes (owned or leased by the person) or residential habilitation homes (owned or leased by the provider). The home functions like either a Supported Living or Residential Habilitation home (see above), depending on how the home is licensed, but with additional nursing services the person needs. ICF/IID services are not HCBS, even if the ICF/IID is operated by the State or a private provider in the community. ICF/IID services also different from HCBS waivers services in part because the ICF/IID agency must provide or arrange for all of the services the person needs (including residential supports, employment and day services, medical and nursing services, therapy services, dental services, etc.). Room and board are part of the ICF/IID service, so the provider pays the person’s living expenses. However, under federal law, all of the person’s income (except for a small monthly personal spending allowance of between $30-$50/month) must go to the provider to help offset the Medicaid cost of care. Even though federal law says that ICFs/IID are institutions, of all of the kinds of HCBS Waiver residential services, they are most like Residential Habilitation homes. The person can choose the ICF/IID provider, but will not get to choose the staff who provide needed support. People receiving ICF/IID services are supported by shift staff. A nurse may be continuously on site or may make visits to the home, depending upon the needs of the persons who live there. Most of these homes provide services for four or eight persons, and the homes are owned and controlled by the provider agency. The person has no control over staff, housemates, or other aspects of the operation of the home. State law limits the number of ICF/IID beds that can be available. If this service is chosen, generally the person or conservator must choose a provider from those agencies who have vacancies and are able and willing to meet the person’s needs. However, additional beds can be created by private providers for people moving out of a Developmental Center. The State will not be building any new ICF/IID homes.

3 Case 3:95-cv-01227 Document 1138-4 Filed 01/29/15 Page 5 of 5 PageID #: 6242

 
 UNITED STATES DISTRICT COURT
 MIDDLE DISTRICT OF TENNESSEE 

NASHVILLE DIVISION 


PEOPLE FIRST OF TENNESSEE, et al.
Plaintiffs,
v.
CLOVER BOTTOM DEVELOPMENTAL CENTER, et al.
Defendants.

) 
 ) ) ) ) ) No. 3:95-cv-1227 ) ) ) Judge Sharp ) )

MEMORANDUM

Before the Court is an unopposed joint motion seeking approval of an Exit Plan (Docket No. 1118-1) and entry of a proposed Agreed Order (Docket No. 1118-2), which were presented at a fairness hearing held January 21, 2015. This motion is the culmination of intense negotiations between the Parties, Plaintiffs United States of America (the “United States”), People First of Tennessee, Inc. (“People First”), and Intervenors Parent Guardian Association of Clover Bottom Developmental Center (“PGACB”) and Parent Guardian Association of Green Valley Developmental Center (“PGAGV”), and Defendants, the State of Tennessee, et al.

Also pending is a Motion to Intervene filed by a group of conservators for family members residing at the State’s last remaining institution, Green Valley Developmental Center (“GVDC”) (Brian Bragdon, Lisa Hill, Gail King, Ricky Lingerfelt, Gena Wexler, Russell Wexler, Leonard Wyrick Jr.) and a nonprofit organization Citizens for a Better Tennessee (collectively “Movants”) (Docket No. 1121). For the following reasons, the Court will approve the Exit Plan and enter the Agreed Order. The Motion to Intervene will be denied.

1 
 Case 3:95-cv-01227 Document 1136 Filed 01/29/15 Page 1 of 13 PageID #: 6177

I. Facts
On May 7, 2014, the Court ordered the Parties to participate in a settlement conference in order to reach resolution in this litigation, which has spanned twenty years (Docket No. 1101). Over the course of many conferences with Magistrate Judge Griffin, the Parties drafted an Exit Plan, which “sets forth objective and measurable exit criteria that, together with the proposed Agreed Order, provide for the dismissal of this action with prejudice upon the State’s satisfaction of those criteria.” (Docket No. 1118 at 2).
The terms of the Exit Plan, to be completed in two phases concluding June 30, 2016,1 are set forth in detail in the proposed Agreed Order (Docket No. 1118-2). They include, inter alia, implementation of revised Individual Support Plans and Quality Assurance tools, and further training for staff of Independent Support Coordination Agencies, case managers, residential and day services providers, and law enforcement.2 The Exit Plan further provides for refinements to the use of psychotropic medications for individuals with intellectual or developmental disabilities, including Family Training, examination of authorization criteria for reimbursement of psychotropic medications by the TennCare Pharmacy Advisory Committee, and standardization of the referral process to regional Psychopharmacology Review teams.3 It provides for the establishment of behavior respite services and behavioral crisis prevention,4 and education and enrollment of class members in SelectCommunity.5 Finally, the Exit Plan notes
1 The Exit Plan provides that “any failure to complete an obligation required to be completed by a date prior to June 30, 2016 shall not be deemed to constitute a failure to satisfy a material provision of this Exit Plan so long as the obligation is satisfied on or before June 30, 2017.” (Docket No. 1118-1 at 2-3). 2 Id. at §§ III, VI. 3 Id. at § IV. 4 Id. at § V. 5 Id. at § VII.
2 Case 3:95-cv-01227 Document 1136 Filed 01/29/15 Page 2 of 13 PageID #: 6178

the State’s revision of the Freedom of Choice Form setting forth the rights of persons choosing to receive care at an Intermediate Care Facility for Individuals with Intellectual Disabilities.6
After entry of the proposed Agreed Order, the State will announce the closure of GVDC and prepare Individual Support Transition Plans for all class members residing there.7 This final section prompted the Motion to Intervene from Movants, who strongly contest the cessation of services at the institution (Docket No. 1121). Though all residents of GVDC are class members represented by Plaintiff People First of Tennessee, Movants seek to carve out a second class comprised of “all profoundly disabled persons receiving care or programs from the defendants” or, alternatively, “all profoundly disabled persons residing now or in the past five years at GVDC and their conservators.” (Id. at 17). They request the Court “[i]ssue a preliminary and permanent injunction order under Rule 65, F. R. CIV. P. to enjoin the closing of GVDC and to require adequate resources, staffing and care for profoundly disabled persons” and “declaratory judgment that the present level of resources, staffing and care for profoundly disabled persons in Tennessee violates their constitutional rights under the 5th and 14th Amendments, federal and state laws.” (Docket No. 1121-2 at 20). This motion will be treated further in the analysis below.
II. Analysis A. The Proposed Exit Plan and Agreed Order Prior to approving a proposed settlement in a class action, the district court must find a settlement is “fair, reasonable, and adequate.” FED. R. CIV. P. 23(e)(2). It must also conduct a fairness hearing, which acts as an additional “procedural safeguard” for the parties to “proffer
6 Id. at § VIII. 7 Id. at § X.
3 Case 3:95-cv-01227 Document 1136 Filed 01/29/15 Page 3 of 13 PageID #: 6179

sufficient evidence to allow the district court to review the terms and legitimacy of the settlement.” Int’l Union, United Auto., Aerospace, and Agric. Implement Workers of Am. v. Gen. Motors Corp., 497 F.3d 615, 635 (6th Cir. 2007) (hereinafter “UAW”). Throughout this inquiry, the district court retains “wide latitude” to limit the information presented by the parties “to whatever is necessary to aid it in reaching an informed, just and reasoned decision.” Id. (quoting Tenn. Ass’n. of Health Maint. Orgs. v. Grier, 262 F.3d 559, 567 (6th Cir. 2001)).
Courts in the Sixth Circuit look to several factors to determine whether a proposed settlement agreement meets the requirements of Rule 23(e)(2): “(1) the risk of fraud or collusion; (2) the complexity, expense and likely duration of the litigation; (3) the amount of discovery engaged in by the parties; (4) the likelihood of success on the merits; (5) the opinions of class counsel and class representatives; (6) the reaction of absent class members; and (7) the public interest.” UAW, 497 F.3d at 631. District courts engaging in this assessment “enjoy[] wide discretion in assessing the weight and applicability of these factors. Todd v. Retail Concepts, Inc., 2008 WL 3981593, at *4 (M.D. Tenn. Aug. 22, 2008) (citing Granada Invs., Inc. v. DWG Corp., 962 F.2d 1203, 1205-06 (6th Cir. 1992)).
“The fairness of each settlement turns in large part on the bona fides of the parties’ legal dispute.” UAW, 497 F.3d at 631. The Court’s task is not to decide which Party’s argument is stronger, as this would “defeat the purpose of a settlement in order to approve a settlement.” Id. at 632. “The question rather is whether the parties are using settlement to resolve a legitimate legal and factual disagreement.” Id. A review of the procedural history of this long-running dispute, and of the Exit Plan and Agreed Order, leads the Court to conclude the Parties’ proposed settlement is fair and appropriate. The factors below are particularly instructive.
4 
 Case 3:95-cv-01227 Document 1136 Filed 01/29/15 Page 4 of 13 PageID #: 6180

First, no evidence of fraud or collusion has been presented, nor is any suggested. See Se. Milk Antitrust Litig., 2013 WL 2155379, at *4 (E.D. Tenn. May 17, 2013) (“Courts respect the integrity of counsel and presume the absence of fraud or collusion in negotiating the settlement, unless evidence to the contrary is offered.”) (quoting In re Packaged Ice Antitrust Litig., 2011 WL 6209188, at *14 (E.D. Mich. July 13, 2006) (internal citations omitted)). Both Parties are represented by experienced counsel and settlement negotiations have been overseen by Magistrate Judge Griffin. Furthermore, experienced class members have also played an active role in drafting the Exit Plan and Agreed Order.
Second, the Court is mindful that “‘[m]ost class actions are inherently complex and settlement avoids the costs, delays, and a multitude of other problems associated with them.’” Se. Milk Antitrust Litig., 2013 WL 2155379, at *4 (quoting In re Telectronics Pacing Sys. Inc., 137 F. Supp. 2d 985, 1013 (S.D. Ohio 2001)). In the event the Exit Plan is not approved, the specter of further litigation looms large. Defendants have reserved the right to abandon the settlement plan if the Court does not enter the Agreed Order by January 31, 2015 (Docket No. 1118-1 at 2). Thus, if this step forward is unsuccessful, the Parties will very likely be launched many steps back.
As for the likelihood of success on the merits, at the fairness hearing, counsel for Plaintiff People First of Tennessee highlighted aspects of the settlement that would have been unattainable through litigation, specifically establishment of a Quality Review Panel to oversee closure of GVDC, a detailed framework for training of Independent Support Coordinators, and the strengthening of mental health intervention services to avert behavioral crises. Thus, it appears collaboration has fostered what may be a more positive result for Plaintiffs than would be achievable even through successful litigation (Transcript of Record, Jan. 21, 2015 at 13:52).
5 
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As noted by counsel for Plaintiff United States, the Exit Plan brings to fruition the promise of the settlement agreement and goes farther than the Court could require.
This also makes clear that the Exit Plan has the support of class counsel and class representatives. “The judgment of experienced counsel and class representatives regarding the settlement should be given significant weight.” Se. Milk Antitrust Litig., 2013 WL 2155379, at *5. “Their collective judgment that the settlement is in the best interest of class members weighs heavily in favor of the Court’s final approval of the Agreement.” Id. While Movants have voiced strong dissent to one section, the Exit Plan is largely supported and the product of long, hard collaboration between the Parties. See Todd, 2008 WL 3981593, at * 5 (approving settlement where “[b]oth sides are represented by able and experienced class counsel who hold the opinion that the Settlement Agreement should receive final approval.”)
Finally, the proposed settlement benefits the public interest. See UAW, 497 F.3d at 632 (noting the “federal policy favoring settlement in class actions” when approving the proposed settlement between a labor union and auto manufacturer); Se. Milk Antitrust Litig., 2013 WL 2155379, at *7 (“[T]here is a public interest in settlement of disputed cases that require substantial federal judicial resources to supervise and resolve.”). The terms of the Exit Plan are a roadmap for the most recent reforms in a deinstitutionalization effort that began decades ago. The Supreme Court of the United States played a hand in this movement when, in Olmstead v. L.C. ex rel. Zimring, it recognized “unjustified institutional isolation of persons with disabilities is a form of discrimination” that “perpetuates unwarranted assumptions that persons so isolated are incapable or unworthy of participating in community life” and “severely diminishes the everyday life activities of individuals.” 527 U.S. 581, 600-05 (1999) (balancing this concern with the State’s role as administrator of services for people with mental disabilities, the Court
6 
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also noted that States must have “leeway” to “maintain a range of facilities and to administer services.”).
For these reasons, the Court concludes the settlement agreement meets the requirements of Rule 23(e)(2) of the Federal Rules of Civil Procedure. The Exit Plan will be approved and the proposed Agreed Order entered.
B. The Motion to Intervene Mindful of these public interest benefits, the Court turns to the Motion to Intervene. Movants seek to intervene as of right under Federal Rule of Civil Procedure 24(a)(2) and for permissive intervention under Rule 24(b). They request the Court enjoin closure of GVDC and provide for sufficient resources to care for profoundly disabled residents. While deeply empathetic to Movants’ concerns, the Court concludes this motion must be denied, as it fails to satisfy the elements for intervention and would require the Court act in a matter reserved to the discretion of the State. Each of the conservators is the family member of a profoundly disabled person who has resided at CVDG for over thirty years. Through many affidavits, Movants shared personal stories of the exceptional care their family members received at GVDC and fears for the physical health and emotional wellbeing of residents who would be moved from the place they considered home. In response to these concerns, counsel for the Parties explained the detailed transfer plan created to ensure residents’ smooth transition, the wide array of alternative equivalent care options available, and the motivation for reform of the prior institutionalization framework with closure of the last remaining State institution.
7 
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i. Intervention by Right In the Sixth Circuit, “proposed intervenors must meet four criteria before intervention by right is permitted: (1) the application for intervention must be timely; (2) the applicant must have a substantial, legal interest in the subject matter of the pending litigation; (3) the applicant’s ability to protect that interest must be impaired; and (4) the present parties do not adequately represent the applicant’s interest. The proposed intervenor must prove each of the four factors; failure to meet one of the criteria will require that the motion to intervene be denied.” Grubbs v. Norris, 870 F.2d 343, 345 (6th Cir. 1989) (citing Triax Co. v. TRW Inc., 724 F.2d 1224, 1227 (6th Cir. 1984)). Here, Movants fail to meet the first element. When considering whether an application for intervention is timely, courts consider five factors in the context of all relevant circumstances: “(1) the point to which the suit has progressed; (2) the purpose for which intervention is sought; (3) the length of time preceding the application during which the proposed intervenor knew or reasonably should have known of his interest in the case; (4) the prejudice to the original parties due to the proposed intervenor’s failure, after he or she knew or reasonably should have known of his or her interest in the case, to apply promptly for intervention; and (5) the existence of unusual circumstances militating against or in favor of intervention.” Id. at 345-46. Movants’ motion was filed on January 17, 2015, four days before the scheduled fairness hearing. Movants argue the “first and only notice that the closing of GVDC was an issue” was January 6, 2015, when the Parties filed the joint motion seeking approval of the Exit Plan and entry of the proposed Agreed Order (Docket No. 1121-1 at 3). However, as early as 1996, Plaintiff People First of Tennessee, on behalf of its class members (including all residents of GVDC), sought development of “community living arrangements for all members of the plaintiff
8 
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class for whom such living arrangements are called for” as well as “community services necessary to provide class members with minimally adequate habilitation.” (Docket No. 48 at 80). The Settlement Agreement reached in 1999 also sought to provide class members the “least separate, most integrated setting appropriate to meet his or her individual needs.” (Docket No. 327 at 3). Since the commencement of this litigation and related disputes, the three other Staterun institutions have closed.
In light of this background and procedural history, the Court agrees with Defendants that a consistent goal of this action has been “to move class members into community based homes and out of the congregate institutional environment.” (Docket No. 1123 at 6). Thus, Movants should have reasonably known closure of GVDC might be a concern from very early in the course of this litigation and could not have learned of it first when the Parties filed the joint motion to approve the Exit Plan and enter the Agreed Order.
Furthermore, the Parties – including class members who have already moved out of GVDC and the other now-closed institutions – would be significantly prejudiced should Movants’ request be granted and litigation continue, as they stand to benefit from the increased training for care providers and other institutional reforms provided for in the Exit Plan. Those class members, it should be noted, have largely successfully transitioned to alternative programs.
Because Movants fail the first element required to intervene as of right under Federal Rule of Civil Procedure 24(a)(2), the motion must be denied.
The Court adds that even if the Motion to Intervene were timely, Movants still cannot satisfy the remaining elements for intervention by right. Movants have not shown a legally protectable interest in the provision of the Exit Plan that concerns closure of CVDG. The Parties, the Tennessee Department of Health and Human Services, Center for Medicare and
9 
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Medicaid Services (CMS),8 and case law within the Sixth Circuit and other jurisdictions9
uniformly support the assertion that the power to close GVDC rests with the State. Nor have
Movants shown their interests are unrepresented. As noted by Plaintiffs, “[t]he fact that the
PGAs agreed to compromise does not mean that they did not share and vigorously advocate the
movants’ interests.” (Document No. 1133 at 3).
ii. Permissive Intervention
“To intervene permissively, a proposed intervenor must establish that the motion for
intervention is timely and alleges at least one common question of law or fact.” United States v.
Michigan, 424 F.3d 438, 445 (6th Cir. 2005) (citing Michigan State AFL–CIO v. Miller, 103
F.3d 1240, 1248 (6th Cir. 1997)). “Once these two requirements are established, the district
court must then balance undue delay and prejudice to the original parties, if any, and any other
relevant factors to determine whether, in the court’s discretion, intervention should be allowed.”
Id.
8 As noted in Plaintiffs’ “Response in Opposition to Brian Bragdon et al.’s Supplemental Memorandum of Law on Timeliness, Class Action, and Lack of Fairness in Proposed Final Order” (Docket No. 1133 at 4), “the PGAs have advocated since the earliest days of this litigation that parents and guardians should be allowed to choose a continued stay at the institutions” which led the State of Tennessee to submit an inquiry to CMS regarding whether the Social Security Act required Tennessee to allow a Medicaid beneficiary “to remain in a state institution even though the state had decided that the person should be served elsewhere.” (Id.). The CMS confirmed “the Social Security Act did not require an unwilling provider … to continue to provide services that it had determined were inappropriate.” (Id., see Docket No. 749, Exh. B). 9 See e.g., United States v. Tenn., 2005 WL 1506480, at *5 n.3 (6th Cir. June 23, 2005), People First of Tenn. v. Clover Bottom Dev. Ctr., (M.D. Tenn. May 28, 2010) (while “under the Medicaid Act, [Clover Bottom Developmental Center] residents who are eligible for and receive Medicaid assistance from the State have freedom of choice to choose among a range of qualified providers” these providers “must be willing to furnish services to the recipient”); see also Rovner v. Keystone Human Servs., 2013 WL 4016490, at *6-7 (M.D. Pa. Aug. 6, 2013) (“[P]laintiffs’ suggest that [defendant Medicaid service provider] was obligated to continue rendering waiver services, indefinitely, because [defendant] was, at one time, a willing provider of [plaintiffs’] waiver services. The plaintiffs have no legal citation to support this conclusion, which would effectively force providers to remain ‘willing’ to offer services even if they became, in fact, unwilling to do so. Nothing in the applicable statute, regulations, or case law that we have identified supports this assertion.”); Pfaff v. Washington, 2008 WL 2242461, at *11 (W.D. Wash. May 29, 2008) (“if a particular provider decides to stop serving a Medicaid recipient, he or she is no longer “qualified” or “willing” to “undertake” those services”).
10
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For the same reasons that intervention by right must be denied, so too must Movants’ request for permissive intervention, as it is untimely and poses significant risk of undue delay and prejudice to the Parties.
iii. The State’s Capacity to Close GVDC Aside from Movants’ inability to meet the requirements to intervene under the Federal Rules, the result they seek – an injunction to enjoin the closing of GVDC – cannot be granted. Primarily, the Parties, this Court, and the Sixth Circuit understand the closure of this State-run institution to be within the State’s capacity and an inappropriate question for federal court review. See United States v. Tenn., 2005 WL 1506480, at *5 n.3 (“We note only in passing that the major objections to the settlement agreement by the Parent-Guardian Association and the district court appear to be over the closing of Arlington Developmental Center. While we express no opinion about the wisdom or lack thereof of closing Arlington, it is our understanding that the State of Tennessee has the power to close Arlington regardless of a provision to that effect in the settlement agreement.”). Evidence of the State’s motivation to pursue reforms in this area was presented to the Court at the fairness hearing. While consistent with a national movement towards deinstitutionalization, the plan also allows the State to provide commensurate care at a much lower cost. As counsel for Plaintiff United States explained, the 96 current residents at GVDC receive care at approximately $1,361 per day per person. This cost can be decreased significantly, allowing the State to offer services to a greater portion of the 7,000 families on the wait list to receive care (Transcript of Record, Jan. 21, 2015, at 13:58). The Exit Plan allows residents the choice to continue receiving care at an Intermediate Care Facility for Individuals with Intellectual Disabilities or to receive waiver services. While
11 
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specific transition plans for all residents have not yet been developed, counsel for Defendants reiterated in the fairness hearing that the transition process would not begin until it could be done in compliance with the safeguards memorialized in the Exit Plan. Defendants emphasized that “the State has a track record of being able to close institutions and close them safely, including people with severe medical conditions.” (Transcript of Record, Jan. 21, 2015, at 13:38). Furthermore, as offered by counsel for Intervenor PGACB and PGAGV, closure of GVDC through the Exit Plan, rather than undertaken unilaterally by the State, allows class members to have input in the process and monitor the State’s compliance (Transcript of Record, Jan. 21, 2015, at 14:09).
The Court understands Movants’ concerns that “profoundly disabled” residents “face greater challenges and impediments to their health and quality of life than other disabled persons.” (Docket No. 1121 at 2). However, residents of the other institutions with similar medical needs have been transitioned to alternative care facilities with largely positive results. As noted by counsel for Defendants, GVDC houses 81 individuals diagnosed with profound intellectual disabilities. When Arlington Developmental Center closed, there were 121 individuals with this diagnosis. Forty-four residents of GVDC require enteral tube feeding, compared to 35 who transitioned from Arlington Developmental Center and 50 who transitioned from Clover Bottom Developmental Center. Additionally, Plaintiffs point to a lower mortality rate among residents in community services than at GVDC between 2008 and 2014. (Docket No. 1133 at 10).
12 
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III. Conclusion To effectively facilitate reform in mental health services, the Court cannot allow “perfect to become the enemy of good” nor allow the concepts of federalism and separation of powers to be ignored. The Court concludes that the Exit Plan presented by the Parties is “fair, reasonable, and adequate” and provides the next iteration of improvement to the lives of those with disabilities in Tennessee. It will test political will and legislative leadership to continue that progress and to determine how best to care for those often left in the shadows. For the reasons detailed above, the Court will grant the unopposed joint motion seeking approval of an Exit Plan (Docket No. 1118-1) and entry of a proposed Agreed Order (Docket No. 1118-2). The Motion to Intervene brought by conservators of GVDC residents and Citizens for a Better Tennessee (Docket No. 1121) will be denied. An appropriate Order will enter.
_________________________________________ KEVIN H. SHARP CHIEF UNITED STATES DISTRICT JUDGE
13 
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 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION

PEOPLE FIRST OF TENNESSEE,

)

eta/.,

)

)

Plaintiffs,

)

)

~

)

)

CLOVER BOTTOM DEVELOPMENTAL )

CENTER, eta/.,

)

)

Defendants.

)

No. 3-95-1227 JUDGE ECHOLS (cons. w/ 3:96-1 056)

AGREED ORDER GRANTING DEFENDANTS' MOTION FOR PARTIAL TERMINATION OF THE SETTLEMENT AGREEMENT
Defendants have submitted a Motion pursuant to Section X.B.l2 of the Settlement Agreement requesting partial termination of the Settlement Agreement with respect to Nat T. Winston and Greene Valley Developmental Centers. Because the State closed the Nat T. Winston Developmental Center and will not re-open it, the Court previously issued an Order granting the Motion to dismiss the Nat T. Winston Center.
Presently pending before the Court is the State's Motion for partial termination of the Settlement Agreement with respect to institutional conditions at Greene Valley Developmental Center on the basis that defendants have demonstrated the achievement and maintenance of substantial compliance with sections VI., Institutional Care and Services and VII., Protection from Harm of the Settlement Agreement. Following informal and formal expert reviews, the United States and the Parent Guardian Association have indicated that they have no opposition to

Case 3:95-cv-01227 Document 770 Filed 03/16/06 Page 1 of 4 PageID #: 1009

the State's Motion. People First, however, has opposed the State's motion. This matter is set for trial on March 28, 2006.
People First and the State defendants have engaged in extensive discovery concerning the issues raised by the Motion. Subsequently, they engaged in fully informed settlement discussions in an effort to resolve the issues presented by the Motion and these discussions have been successful. It appears to the Court that People First and the State defendants have met and agreed that this Motion should be granted based on the agreed terms and conditions.
For good cause shown, it is therefore ORDERED that Defendants' Motion for partial termination of the Settlement Agreement with respect to institutional conditions at Greene Valley Developmental Center on the basis that defendants have demonstrated the achievement and maintenance of substantial compliance with sections VI., Institutional Care and Services and VII., Protection from Harm of the Settlement Agreement is hereby GRANTED. In addition, while the Court retains jurisdiction in this matter, the following terms and conditions shall apply:
I. All current Greene Valley Developmental Center residents shall remain Class Members and shall retain all their rights as Class Members pursuant to section I., II., III., IV., V., VIII., IX., X. of the Settlement Agreement;
2. The State will maintain services to Greene Valley Developmental Center residents at a constitutional level as required by law. In an effort to maximize the number of Class Members who choose to live in the community, the State will make Class Members, their families and/or Conservators and the public aware of good community residential (both Waiver and ICF/MR) and day programs and offer education to Class Members, their families and/or Conservators about real,
2
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meaningful choices concerning all the available existing options for services in the community as well as community services that can be developed. Defendants will provide this information and outreach such that Class Members, their families and/or Conservators are made aware of the full range of choices and options for services available to them and are encouraged to use them; and 3. Starting in fiscal year 2007-2008, the State will develop sixteen four-person ICF/MR homes in the geographic area served by Greene Valley Developmental Center. These JCF/MR homes will be developed at the rate of at least four homes per year and will be operated by the State beginning in fiscal year 2007-2008. These homes will be integrated into neighborhood residential settings and will be available first for Class Members currently residing at Greene Valley Developmental Center. The State will assure the development of community options (whether waiver or community JCF/MR) to meet the needs of Class Members transitioning from Greene Valley Developmental Center. The State agrees to identifY a suitable community placement and to transition as soon as reasonably practical (I) any Class Member residing at Greene Valley Developmental Center who chooses to move to the community as well as (2) any Class Member residing at Greene Valley Developmental Center who (a) through the exercise of reasoned professional judgment has been selected for community placement, (b) has been involuntarily discharged, and (c) the order of involuntary discharge has become final.
3
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It is so ORDERED.

if_~ Entered this

o+2006.

APPROVED FOR ENTRY:

R~~
U.S. DISTRICT COURT JUDGE

Is Jack W. Derzyberry
JACK W. DERRYBERRY (3870) WARD, DERRYBERRY, & THOMPSON Suite 1720, Parkway Towers 404 James Robertson Parkway Nashville, TN 37219 (615) 244-0554 JUDITH A. GRAN PUBLIC INTEREST LAW CENTER OF PHILADELPHIA 125 S. 9th Street Suite 700 Philadelphia, PA 191 07 (215) 627-7100 ext 225 EARLE J. SCHWARZ GLANKLER BROWN, PLLC One Commerce Square 17th Floor Memphis, TN 38103-2566 (901) 576-1844 EDWARD G. CONNETTE ESSEX RICHARDS, P.A. 170 I South Blvd. Charlotte, NC 28203

Is Dianne Stamey Dycus
DIANNE STAMEY DYCUS (9654) Deputy Attorney General GENERAL CIVIL DIVISION Office of the Attorney General P.O. Box 20207 Nashville, TN 37202
(615) 741-6420 JONATHAN P. LAKEY (16788) PIETRANGELO & COOK, PLC 6410 Poplar Ave., Suite 190 Memphis, TN 38119 (90 I) 685-2662

4 Case 3:95-cv-01227 Document 770 Filed 03/16/06 Page 4 of 4 PageID #: 1012

 
 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION

PEOPLE FIRST OF TENNESSEE,

)

)

Plaintiff,

)

)

v.

)

Civil Action No. 3:95-1227

)

Judge Echols

CLOVER BOTTOM

)

DEVELOPMENTAL CENTER, et al.

)

)

(Cons. w/ 3:96-1 056)

Defendants,

)

~"hi"'" II] ORDER GRANTING DEFENDANTS'
MOTION FOR PARTIAL TERMINATION OF THE SETTLEMENT AGREEMENT AS TO HAROLD JORDAN CENTER

Before the Court is Defendants' Motion For Partial Termination of Settlement Agreement Or, In The Alternative, To ModifY The Settlement Agreement Regarding Harold Jordan Center ("Motion To Terminate"). [See Dkt. No. 792]. In the Motion To Terminate, the State defendants submit that they have demonstrated the achievement and maintenance of substantial compliance with sections VI (Institution Care and Services) and VII (Protection From Harm) of the Settlement Agreement in regard to the Harold Jordan Center ("HJC"). 1 Following the filing of the Motion To Terminate, the United States and People First conducted expert reviews of HJC. In its filing dated March 31, 2008, the United States announced that it does not oppose the State's motion for partial termination of the Settlement Agreement as to Harold Jordan Center in

1 Defendants alternatively moved that a change in factual conditions warranted a modification of the Settlement Agreement regarding HJC. However, as all parties now agree that HJC has demonstrated the achievement and maintenance of substantial compliance with sections VI and VII of the Settlement Agreement, the Court FINDS that the issue of \'.'hcther factual conditions warrant a modification of the Settlement Agreement is moot.
Case 3:95-cv-01227 Document 871 Filed 09/30/08 Page 1 of 4 PageID #: 2536

----------------- -
regard to sections VI and VII. [See United States' response, pp. 1-2 (Dkt. No. 845)].2 PGA a;,·so · ~
atlf ,., ·r
filed a response in which it stated that it did not oppose the State's motion. [Dkt. No. 8f4]. People First, however, initially submitted a filing opposing the Motion to Vacate. [See Dkt. No. 834]. This matter is set for trial beginning on January 7, 2009.
Subsequent to the filing of People First's opposition memorandum, People First and the State exchanged expert reports in support of their respective positions. In addition, the State and People First engaged in settlement negotiations. Based upon the statements of counsel as evidenced by their electronic signature below, it now appears to the Court that People First and the State defendants have met and agreed that the Motion To Terminate should be granted based upon the agreed terms and conditions.
For good cause shown and as no party now opposes the pending motion, it is therefore ORDERED that Defendants' Motion To Terminate with respect to conditions at Harold Jordan Center is GRANTED on the basis that defendants have demonstrated the achievement and maintenance of substantial compliance with sections VI (Institution Care and Services) and VII (Protection From Harm) of the Settlement Agreement. In addition, while the Court retains jurisdiction of this matter, the following terms and conditions shall apply:
I. All class members residing at HJC on or before the entry of this Order shall remain class members and shall retain all their rights as class members pursuant to sections I,!!, !II, IV, V, VIII, IX, and X of the Settlement Agreement. Persons admitted to HJC after entry of this Order will not be eligible for class membership based solely upon placement at HJC;
2 The United States did oppose State defendants' alternative argument that a change in factual conditions warranted a modification ofthe Settlement Agreement regarding HJC, but as explained in footnote 1, this issue is moot.
2
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2. The State will maintain services to class members residing at HJC at a constitutional level as required by law;
3. Subject to the exercise of reasoned professional judgment and the requirements and restrictions ofT.C.A. §§ 33-5-401, et seq., which apply to any person committed to HJC under T.C.A. §33-5-403 or transferred to HJC under T.C.A. §33-3-30 I, class members living at HJC shall be placed into active transition with the goal of transitioning from HJC to a community placement as soon as practicable;
4. For each class member resident at and/or transitioning from HJC, the state shall prepare a Clinical Risk Assessment for the purpose of assisting with active treatment planning for their ISP, transition planning and placement. While recognizing that class members transitioning from HJC have not been adjudicated guilty of the charges that caused them to be admitted to HJC, the Clinical Risk Assessment shall include an assessment of static and dynamic variables that impact the potential for risk and guide planning and programming for treatment at HJC and for community placement.
5. People First shall be permitted to continue an active chapter at HJC so long as there continues to be a desire by persons living at HJC to participate in the organization, which desire HJC staff will not discourage, and as long as that participation does not interfere with HJC's treatment and care of the residents of HJC consistent with their rights under the First Amendment.
3
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IT IS SO ORDERED.

OBERT L. ECHO UNITED STATES
Date:------"tl'--_.:Z-'tt'---~---'-_? _ _ __

APPROVED FOR ENTRY:
Is Jack W. Derryberry. Jr.
JACK W. DERRYBERRY, JR., #3870 Suite 1720 Parkway Towers 404 James Robertson Parkway Nashville, Tennessee 37219 (615) 244-0554
Judith A. Gran PUBLIC INTEREST LAW CENTER OF PHILADELPHIA 125 S. 9th Street Suite 700 Philadelphia, Pennsylvania 19107 (215) 627-7100 ext. 225
Earle J. Schwarz THE OFFICES OF EARLE J. SCHWARZ 2I57 Madison Ave, Suite 201 Memphis TN 38104
ATTORNEYS FOR PEOPLE FIRST

Is Dianne Stamey Dycus DIANNE STAMEY DYCUS, BPR#9654 Deputy Attorney General GENERAL CIVIL DIVISION OFFICE OF THE ATTORNEY GENERAL Nashville, TN 37202 P.O. Box 20207 (615) 74I-6420
Jonathan P. Lakey, BPR #16788 PIETRANGELO COOK PLC 6410 Poplar Avenue, Suite 190 Memphis, TN 38112 (901) 685-2662
ATTORNEYS FOR DEFENDANTS

4
Case 3:95-cv-01227 Document 871 Filed 09/30/08 Page 4 of 4 PageID #: 2539

 
 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF TENNESSEE

PEOPLE FIRST OF TENNESSEE, et al.,

)

)

Plaintiffs,

)

)

v.

)

)

)

CLOVER BOTTOM DEVELOPMENTAL )

CENTER, et al.,

)

)

Defendants.

)

No. 3:95-1227 (cons. w/ 3:96-1056) JUDGE SHARP

______________________________________________________________________________  AGREED ORDER VACATING INJUNCTIVE RELIEF AND PARTIALLY DISMISSING CASE WITH PREJUDICE
______________________________________________________________________________ On January 29, 2015, this Court entered an Agreed Order relative to its approval of an
Exit Plan entered into by the parties to this action, the plaintiffs People First of Tennessee (“People First”) and the United States of America (the “United States”), the intervenors Parent Guardian Association of Clover Bottom Developmental Center and Parent Guardian Association of Greene Valley Developmental Center (collectively the “PGA”), and the defendants State of Tennessee, et al., (collectively the “State”) (People First, the United States, the PGA and the State shall collectively be referred to herein as the “Parties”). [See Agreed Order at ECF No. 1138 (the “Agreed Order”) and Exit Plan at ECF No. 1138-1 (the “Exit Plan”)]. The Agreed Order includes a provision that requires the Court to “enter an order vacating all outstanding injunctive relief in the [captioned matter] except that relief that applies to Greene Valley Developmental Center … and dismissing the [captioned matter] with prejudice and in all respects except as to any then existing orders relating to the provision of services to class
1 Case 3:95-cv-01227 Document 1162 Filed 01/15/16 Page 1 of 4 PageID #: 6303

members while residing in GVDC” upon the State completing all material provisions of Sections II-IX of the Exit Plan. [See Agreed Order at ¶2].
Before the Court is the Report and Recommendation of Magistrate Judge Barbara D. Holmes, entered December 11, 2015, recommending the Court find that Defendants have complied with all material provisions of Sections II-IX of the Exit Plan. [See ECF No. 1158] (the “December 11 R&R”). The December 11 R&R specifically finds that Defendants have complied with and completed Section IV.E, Section VI.B, Section VII.B, and, Section IX of the Exit Plan. Id. at p. 2 (adopted by the Court, ECF No. 1160). In addition, based upon the Court’s previous findings of State compliance with all of the other material provisions of Sections II-IX of the Exit Plan (see Report and Recommendation, ECF No. 1141, adopted by the Court, ECF No. 1160; Report and Recommendation, ECF No. 1145, adopted by the Court, ECF No. 1153; Report and Recommendation, ECF No. 1147, adopted by the Court, ECF No. 1153; Report and Recommendation, ECF. No. 1149, adopted by the Court, ECF No. 1160; Report and Recommendation, ECF No. 1155, adopted by the Court, ECF No. 1159; and, Report and Recommendation, ECF No. 1157, adopted by the Court, ECF No. 1159), the December 11 R&R recommends the Court find Defendants have complied with all material provisions of Sections II-IX of the Exit Plan.
No objections to the December 11 R&R, or any of the other cited Report and Recommendations, have been filed, and the time for filing objections has expired.
On de novo review of the Magistrate Judge’s December Report and Recommendation, the Court hereby ADOPTS the December 11 R&R. The Court FINDS that Defendants have completed the provisions in Section IV.E, Section VI.B, Section VII.B, and, Section IX of the
2 Case 3:95-cv-01227 Document 1162 Filed 01/15/16 Page 2 of 4 PageID #: 6304

Exit Plan. The Court further FINDS that Defendants have complied with and completed all material provisions of Sections II-IX of the Exit Plan.
The Court also notes that Clover Bottom Developmental Center was closed on November 19, 2015, when the final six class members residing there transitioned to community homes. In addition, since the entry of the Agreed Order, over twenty class members residing in Greene Valley Developmental Center (“GVDC”) have transitioned to homes in the community. Under the terms of the Exit Plan and Agreed Order, Defendants continue to have obligations to class members residing at GVDC pursuant to Section X.D through X.F of the Exit Plan, and Sections V.A.5 and V.A.9 of the original Settlement Agreement (the Settlement Agreement was unconditionally approved by the Court via an order entered on November 23, 1999 at Doc. No. 326). Moreover, after a class member transitions out of GVDC, the State is obligated to fulfill its responsibilities pursuant to Section X.G of the Exit Plan.
Based on these findings and the entire record in this cause, IT IS ORDERED, ADJUDGED AND DECREED that:
1. Pursuant to Paragraphs 2 and 8 of the Agreed Order approving the Exit Plan, all outstanding injunctive relief heretofore entered in this case is hereby VACATED except for the injunctive relief that applies to GVDC and any class member residing therein while they reside therein;
2. Pursuant to paragraphs 2 and 8 of the Agreed Order approving the Exit Plan, this case is DISMISSED WITH PREJUDICE in all respects except as to any existing orders relating to the provision of services to class members residing in GVDC;
3. Class membership status previously granted to persons pursuant to Orders issued in this case is hereby dissolved and dismissed except for persons residing at GVDC, who shall maintain
3 Case 3:95-cv-01227 Document 1162 Filed 01/15/16 Page 3 of 4 PageID #: 6305

their class membership status while they remain residents of GVDC. Following the transition of an individual from GVDC, their class membership status shall dissolve immediately and without further order of the court upon the following conditions being satisfied: (1) the completion by the State, as contemplated in Section X.G. of the Exit Plan, of a 1-day, 5-day and 30-day posttransition review for the individual (the “Post Placement Reviews”); and, (2) the elapse of fifteen days following the completion of the Post Placement Reviews for the individual, which period allows each conservator sufficient time to request copies of the Post Placement Reviews for their ward from the State; and,
4. The Court shall continue to have and exercise jurisdiction of this matter but only for the following purposes: to resolve any claims or disputes involving persons while they reside at GVDC; to oversee the completion of Section X of the Exit Plan; and, to resolve any claims or disputes regarding attorney fees related to this matter.
IT IS SO ORDERED THIS WK'$<2)-$1$85<
______________________________________ KEVIN H. SHARP UNITED STATES DISTRICT COURT
4 Case 3:95-cv-01227 Document 1162 Filed 01/15/16 Page 4 of 4 PageID #: 6306

 
 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION

PEOPLE FIRST OF TENNESSEE, et al.,

)

)

Plaintiffs,

)

)

v.

)

No. 3:95-1227

)

(cons. w/ 3:96-1056)

)

Judge Waverly D. Crenshaw, Jr.

CLOVER BOTTOM DEVELOPMENTAL )

CENTER, et al.,

)

)

Defendants.

)

______________________________________________________________________________ AGREED ORDER GRANTING JOINT MOTION TO VACATE ALL
OUTSTANDING INJUNCTIVE RELIEF AND DISMISSING CASE WITH PREJUDICE ______________________________________________________________________________
Before this Court is the Joint Motion to Vacate All Outstanding Injunctive Relief and Dismissing Case with Prejudice (ECF No. 1205) (the “Joint Motion to Dismiss”). As indicated by the title of the filing, no party opposes the Joint Motion to Dismiss; to the contrary, all parties agree that dismissal is appropriate because it is uncontroverted that Defendants, Clover Bottom Developmental Center, et al. (“State Defendants” or “Defendants”) have completed and fulfilled their obligations under the Exit Plan (ECF No. 1138-1) (the “Exit Plan”). The Exit Plan is an agreement, ordered by the Court, that by its very terms was designed to lead to dismissal of the litigation upon the completion of objective and measurable criteria by State Defendants. [See Exit Plan, p.1)]. The Exit Plan was developed through intensive negotiations conducted under the supervision of Magistrate Judge Griffin. Further, since the Exit Plan was approved by this Court, Defendants effort and progress at meeting the obligations that, if met, would lead to
1 Case 3:95-cv-01227 Document 1213 Filed 09/08/17 Page 1 of 4 PageID #: 6495

dismissal have been closely monitored by the Court through the assigned magistrate judge, first Judge Griffin and, upon her retirement, Judge Holmes. As described in detail below, together Magistrate Judges Griffin and Holmes have entered Report and Recommendations (“R&Rs”) finding that State Defendants have completed all material obligations of the Exit Plan.
On January 29, 2015, after an evidentiary hearing and with notice of the hearing being provided through publication in all regions of Tennessee, the Exit Plan was approved by this Court pursuant to Rule 23(e)(2) of the Federal Rules of Civil Procedure. [See Order, ECF No. 1137, and Memorandum, ECF 1136, filed on January 29, 2015]. On that same day, the Court entered the Agreed Order. (See ECF No. 1138 (the “2015 Agreed Order”)].
The 2015 Agreed Order describes State Defendants’ responsibilities associated with the Exit Plan, sets regular compliance conferences with the magistrate judge to oversee State Defendants’ progress in complying with the requirements of the Exit Plan, establishes a system for the entry of Reports and Recommendations by the magistrate judge when it is determined that material provisions of the Exit Plans have been completed by State Defendants, and establishes when partial and complete dismissal of the case is required. Id. The 2015 Agreed Order contemplates that the captioned action will be resolved by the completion of all material provisions of the Exit Plan in two phases: first, State Defendants are required to meet all material obligations in Sections II-IX; and, second, they must comply with all material obligations of Section X. Id., ¶1. Section X of the Exit Plan sets forth the specific criteria under which Defendants’ last congregate care institution, Greene Valley Developmental Center (“GVDC”), would be closed. (See Exit Plan, Section X).
With regard to the first phase, the 2015 Agreed Order provides that upon the completion of the material obligations of Sections II-IX of the Exit Plan, the Court will enter an order
2 Case 3:95-cv-01227 Document 1213 Filed 09/08/17 Page 2 of 4 PageID #: 6496

“vacating all outstanding injunctive relief in the CBDC Litigation except that relief that applies
to Greene Valley Developmental Center ([the injunctive relief remaining in place] shall be
referred to as the ‘GVDC Injunctive Relief’).” Id. at ¶2. On December 15, 2015, the
Magistrate Judge issued a R&R finding, in part, that the State Defendants had complied with all material provisions of Section II-IX of the Exit Plan (ECF No. 1158) and that R&R was
accepted and approved by Order of this Court on January 8, 2016 (ECF No. 1160). In
accordance with the terms of the 2015 Agreed Order, paragraphs 2 and 8, this Court then
entered the Agreed Order Vacating Injunctive Relief and Partially Dismissing Case with
Prejudice. [See Order, ECF No. 1162, entered on January 15, 2016 (the “Order of Partial
Dismissal]. With regard to second phase, the 2015 Agreed Order provides that upon the completion
of the material obligations of Section X of the Exit Plan, the Court “shall vacate the GVDC Injunctive Relief and finally and fully dismiss [the case] with prejudice in all respects.”1 On
June 30, 2017, the Magistrate Judge issued a R&R finding that State Defendants had complied
with all material provisions of Section X of the Exit Plan . [See ECF No. 1203 (the “June 30
R&R”)]. The parties did not file an objection to the June 30 R&R and, hence, it became final
and binding on July 15, 2017. Moreover, based upon this Joint Motion and the submission of the
Agreed Order attached as Exhibit A, the parties agree that State Defendants have completed
Section X of the Exit Plan, as they agreed in 2016 that the State had completed Sections II-IX of
the Exit Plan.
1 The 2015 Agreed Order establishes that Section X must be completed by June 30, 2016. (See 2015 Agreed Order, ¶3). With regard to that deadline and keeping in mind that it revolves around the closure of GVDC, the parties decided that the safety of the class members transitioning from GVDC was more important than closing it by an arbitrary date. Thus, the 2015 Agreed Order also provides State Defendants with the right unilaterally to extend the deadline for completion of Section X through June 30, 2017. (Id. at ¶19). The State provided notice to the parties and the Court that it was exercising that right in two filings. [See Notices filed on June 29, 2016, and December 28, 2016, ECF Nos. 1174 and 1191]. Thus, the operative deadline for completing the material provisions of Section X was June 30, 2017.
3
Case 3:95-cv-01227 Document 1213 Filed 09/08/17 Page 3 of 4 PageID #: 6497

On de novo review of the Magistrate Judge’s June 30 R&R and the R&R issued on June 27, 2017 (ECF No. 1201), the Court hereby ADOPTS both. The Court FINDS that Defendants have complied with and completed all material provisions in Section X of the Exit Plan.
Based on these findings and the entire record in this cause, IT IS ORDERED, ADJUDGED AND DECREED that:
1. Pursuant to paragraphs 3 and 17 of the 2015 Agreed Order approving the Exit Plan, all remaining outstanding injunctive relief entered in this case, which previously had not been vacated, is hereby VACATED;
2. Pursuant to paragraphs 3 and 17 of the 2015 Agreed Order approving the Exit Plan, this case is finally and forever DISMISSED WITH PREJUDICE in all respects.
3. The Court further finds that, as dismissal is based on the merits, this is not a settlement, voluntary dismissal or compromise, and, therefore, separate notice to the class is not required;
4. The Court shall continue to exercise jurisdiction in this matter solely and exclusively, and for a limited period of time, to resolve any claim or disputes regarding attorney fees related to this matter. Parties seeking attorney fees shall file an appropriate motion, along with any necessary supporting documentation, within 45 days of the entry of this Order. Once any issues with attorney fees are resolved, or 45 days after the entry of this Order if no motion for fees is filed by any party, this Court shall relinquish jurisdiction of this sole, remaining issue.
IT IS SO ORDERED.
______________________________________ WAVERLY D. CRENSHAW, JR. CHIEF UNITED STATES DISTRICT COURT JUDGE
4 Case 3:95-cv-01227 Document 1213 Filed 09/08/17 Page 4 of 4 PageID #: 6498

 
 IN THE UNITED DISTRICT COURT FOR THE WESTERN DISTRICT OF TENNESSEE WESTERN DIVISION UNITED STATES OF AMERICA, PLAINTIFF V. STATE OF TENNESSEE, DONALD SUNDQUIST, GOVERNOR OF THE STATE OF TENNESSEE; MARJORIE NELL CARDWELL, COMMISSIONER, TENNESSEE DEPARTMENT
COMPLAINT 1. The Attorney General of the United States brings this action on behalf of the United States of America, pursuant to the Civil Rights of Institutionalized Persons Act of 1980 ("CRIPA"), 42 U.S.C. §§ 1997-1997j, to enjoin the named Defendants from depriving persons residing at the Nat T. Winston Developmental Center, in Bolivar, Tennessee ("NWDC"), the Clover Bottom Developmental Center, in Nashville, Tennessee ("CBDC"), and the Greene Valley Developmental Center, in Greeneville, Tennessee ("GVDC") (collectively, "the Centers") of rights, privileges or immunities secured or protected by the laws and Constitution of the United States.
JURISDICTION, STANDING AND VENUE 2. This Court has jurisdiction over this action pursuant to 28 U.S.C. § 1345.
3. The United States has standing to maintain this action pursuant to 42 U.S.C. § 1997a.
4. The Attorney General has certified that all pre-filing requirements specified in 42 U.S.C. § 1997b have been met. The certificate of the Attorney General is appended to this Complaint and is incorporated herein.
5. Venue in the United States District Court for the Western District of Tennessee, Western Division is proper pursuant to 28 U.S.C. §§ 1391 and 1392. This Complaint is properly filed before United States District Court Judge Jon Phipps McCalla as a related case to United Statesv. Tennessee, et al., No. 92-2062 Ml/A. See, e.g., U.S. District Court for the Western District of Tennessee Local Rule 4(a)(2).
DEFENDANTS 6. Defendant STATE OF TENNESSEE ("State") owns and operates the Centers, institutions housing individuals with mental retardation or other developmental disabilities. Some of the individuals are also elderly and mentally ill.
7. Defendant DONALD SUNDQUIST is the Governor of the State and, in this capacity, heads the Executive Branch of the State's government and, among other duties, reviews and approves budget requests submitted by Executive Branch agencies regarding the Centers. He selects and appoints the Commissioner of the Department of Mental Health and Mental Retardation.
8. Defendant MARJORIE NELL CARDWELL is the Commissioner of the Department of Mental Health and Mental Retardation and, in this capacity, exercises administrative control of, and responsibility for, the Centers.
9. Defendant DR. A. JANE WALTERS is the Commissioner of the Department of Education and, in this capacity, exercises administrative control of, and responsibility for, educational services for school age children living in the Centers.
10. Defendant STANLEY LIPFORD is the Superintendent of NWDC, and is responsible for the administration and day-to-day operations of NWDC.
11. Defendant JULIA BRATCHER is the Superintendent of CBDC, and is responsible for the administration and day-to-day operations of CBDC.
12. Defendant ROBERT ERB is the Superintendent of GVDC, and is responsible for the administration and day-today operations of GVDC.
13. The individual Defendants named in paragraphs 7 through 12 above are officers of the Executive Branch of the State of Tennessee and are sued in their official capacities.

14. NWDC, CBDC and GVDC are institutions as that term is defined in 42 U.S.C. § 1997(1)(A), (1)(B)(i) and (1)(B)(v).
15. Persons residing at the Centers are individuals with mental retardation or other developmental disabilities, and some of the individuals are also elderly and mentally ill.
16. Defendants Sundquist, Cardwell, Lipford, Bratcher, and Erb are legally responsible, in whole or in part, for the operation of and conditions at the Centers, as well as the care and treatment of persons residing at those institutions. Defendant Walters is responsible, in whole or in part, for the education of the school age children living at the Centers.
17. At all relevant times, Defendants have acted or failed to act, as alleged herein, under color of state law.
FACTUAL ALLEGATIONS 18. Defendants have failed and are continuing to fail to provide reasonably safe conditions and to ensure the reasonable safety and personal security of the Centers' residents.
19. Defendants have failed and are continuing to fail to provide adequate medical care and related services, including psychiatric care, and physical and occupational therapy, to the Centers' residents.
20. Defendants have failed and are continuing to fail to ensure that the Centers' residents are free from undue or unreasonable restraint.
21. Defendants have failed and are continuing to fail to ensure that chemical and physical restraints are administered to the Centers' residents by appropriately qualified professionals in keeping with accepted professional standards, and are not used as punishment, in lieu of treatment, or for the convenience of staff.
22. Defendants have failed and are continuing to fail to ensure that medications are prescribed and administered to the Centers' residents by appropriately qualified professionals in keeping with accepted professional standards, and are not used as punishment, in lieu of treatment, or for the convenience of staff.
23. Defendants have failed and are continuing to fail to provide the Centers' residents with that level of individualized training and behavioral programming to ensure and protect the Centers' residents' liberty interests, including their right to training sufficient to provide each resident a reasonable opportunity to enhance functioning, to grow and develop, attain self-help and social skills needed to exercise autonomy or independence, avoid both physical and psychological regression and loss of skills, and ensure their reasonable safety, security, and freedom from undue bodily restraint.
24. Defendants have failed and are continuing to fail to provide a sufficient number of adequately trained staff to render essential care, treatment and training to individuals living at the Centers.
25. Defendants have failed and are continuing to fail to maintain professionally based recordkeeping and record review systems to ensure that resident records contain accurate, up-to-date and relevant information necessary to enable staff to provide adequate care, treatment, and training to the Centers' residents.
26. Defendants have failed and are continuing to fail to ensure that the Centers' residents are adequately evaluated for community placement, that those individual residents who professionals determine should be placed in community programs are placed in such programs, and that all residents are served in the most integrated setting appropriate to each resident's individual needs.
27. Defendants have violated and continue to violate the due process rights of the Centers' residents guaranteed under the Fourteenth Amendment to the Constitution of the United States, while arbitrarily denying the Centers' residents rights under Tennessee state law. See, e.g., Tenn. Code Ann. § 33-3-104 and § 33-5-201.

28. Defendants have failed and are continuing to fail to meet the requirements of the Individuals With Disabilities Education Act ("IDEA"), 20 U.S.C. §§ 1400-1486, by failing to educate its school-age children in the least restrictive environment appropriate to their needs, and failing to provide these children with, inter alia, appropriate, individualized education plans, and adequate related services, including physical therapy and behavioral services.
VIOLATIONS ALLEGED 29. The acts and omissions alleged in paragraphs 18 through 28 violate the rights, privileges and immunities of residents of the Centers secured or protected by the laws and Constitution of the United States, and deprive the Centers' residents of such rights, privileges and immunities.
30. Unless restrained by this Court, Defendants will continue to engage in the conduct and practices set forth in paragraphs 18 through 28 that deprive residents of the Centers of rights privileges, or immunities secured or protected by the laws and Constitution of the United States, and cause irreparable harm to the residents.
PRAYER FOR RELIEF 31. The Attorney General is authorized under 42 U.S.C. § 1997a to seek only equitable relief.
WHEREFORE, the United States prays that this Court enter an order permanently enjoining Defendants, their agents, employees, subordinates, successors in office, and all those acting in concert or participation with them from continuing the acts, practices and omissions at the Centers set forth in paragraphs 18 through 28 above, and to require Defendants to take such action as will bring Defendants into compliance with federal law and provide Constitutional conditions of care to persons who reside at the Centers. The United States further prays that this Court grant such other and further equitable relief as it may deem just and proper.
Respectfully submitted,
JANET RENO, Attorney General of the United States
DEVAL L. PATRICK, Assistant Attorney General, Civil Rights Division
VERONICA F. COLEMAN, United States Attorney
ARTHUR E. PEABODY, JR., Chief, Special Litigation Section
ROBINSUE FROHBOESE, Deputy Chief Special Litigation Section
LAURIE J. WEINSTEIN
VERLIN P. HUGHES
ROBERT C. BOWMAN
Senior Trial Attorneys
U.S. Department of Justice
Civil Rights Division
Special Litigation Section >

 
 C A-\i4

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION

PEOPLE FIRST OF TENNESSEE, on behalf of its members,
BONNIE CHAFFEE, by her next friend, Crystal Goodman,

FIRST AMENDED COMPLAINT CLASS ACTIONNO. 3:95-1227 Judge Echols Magistrate Haynes

DOWELL HARRIS, by his next friend, Rocky Akin,
EFFIE ESTELLE PIPPIN, by her next friend, Frances Hamblen,
SANDRA JO PROCTOR, by her next friend, Evelyn McCormack,

v:9 °ver
•' • • • •• •• I I
MR-TN-002-002

Devel. Ctr.

CYNTHIA DAWN SOMMERVILLE, a minor, by her parents and natural guardians, Jeff and Kathy Sommerville,

KEVIN TROUPE, by his next friend, Charles Hall,

JUANITA WRIGHT, by her next friend, William A. Goodman, Jr.,

MARY ANN AVERY, by her next friend, Jason Elam,

AUDRINIECE HOLLISTER, by her next friend, Ethyl Ervie,

KENNETH LEE, by his parent and natural guardian, Diane Lee,

EDDIE JONES, by his next friend, John Kennington,

LARRY WAYNE VAUGHN, by his next

friend, Andy Devoti,
CHARLES WILHOITE, by his next friend, James Turner,
CAROLYN BRITT, by her next friend, Jane Humphrey,
REBECCA WORKMAN, by her next friend, Rebecca Smith,
JENNY BELLE GREENWOOD, by her next friend, Patricia Hornick,
DAVID BALTHROP, by his next friend, Rex Stephens,
TERRY BEATY, by his next friend, Edward Sewell, on behalf of themselves and all others similarly situated,
Plaintiffs,
v.
THE CLOVER BOTTOM DEVELOPMENTAL CENTER,
THE GREENE VALLEY DEVELOPMENTAL CENTER
THE NAT T. WINSTON DEVELOPMENTAL CENTER
DON SUNDQUIST, in his official capacity as Governor of the State of Tennessee,
O. STEVEN ROTH,in his official capacity as Superintendent of the Clover Bottom Developmental Center,

ROBERT ERB, in his official capacity as Superintendent of the Greene Vallev Developmental Center,
PETE DAVIDSON, in his official capacity as Superintendent of the Nat T. Winston Developmental Center,
THE TENNESSEE DEPARTMENT OF MENTAL HEALTH AND MENTAL RETARDATION,
BEN DISHMAN. in his official capacity as Acting Commissioner of Mental Health and Mental Retardation,
THOMAS SULLIVAN in his official capacity as Assistant Commissioner for Mental Retardation,
THE TENNESSEE DEPARTMENT OF FINANCE AND ADMINISTRATION
JOHN FERGUSON, in his official capacity as Commissioner of Finance and Administration,
THE TENNESSEE DEPARTMENT OF HEALTH,
FREDIA WADLEY, in her official capacity as Commissioner of Health.
RUSTY SEIBERT. in his official capacity as Assistant

o r t n cs e v e n t y 0 1i n c i r u i s a m n u e s , a m :: x : : a a s ; / i n s, K: ^ ; H U H H - n a v e ; e ; : e i . ;c- a . e c : vie::" u - . . , - . ; j s t a t u t o r y a n d r e g u l a t o n o b l i g a t i o n s v.nil r e g a r d ' op l a c i n g , n i o n n ' r m i : ; U K : i:!>charr.iiv;: ?-,(•;:;•:"'"% to alternative non-Institutional services

Jurisdiction and Venue

5. T h i s c o u r t h a s s u b j e c t - m a t t e r j u r i s d i c t i o n o v e r tins a c t i o n p u r s u a n t to 2H U . S . C .

§§1331 and 1343- PlaintitTs'cause of action a: lies under 29 U . S . C . §§ T j n and 7Q4. 42 U . S . C .

SS1396, 1396a. 1396d and 1983 and the First. Fifth and Fourteenth Amendments to the United

States Constitution. Venue in tins district is proper under 28 U . S . C . § 134!(b).

Plaintiffs

6. PEOPLE FIRST OF TENNESSEE is a state wide advocacy organization governed

entirely bv people with disabilities. It was founded in 1981 and was incorporated in 1%4 as a

non-profit corporation under tiie laws of the Slate of Tennessee. People First of Tennessee has

more than 1000 members, all of them persons with disabilities, in 40 chapters and support

groups in 31 counties across the state.

~\ The purposes of People First of Tennessee, for which it expends us resources, are as

toilnws:

(a) To promote the philosophy that everyone, no matter what disability he or siie

;as or its severity, has the same basic civil rights and responsibilities;

(b) To advocate and defend the rights of persons with disabilities in the areas of amplovment, education, housing and transportation;

(c) To provide a way for persons with disabilities to express and remedy their

concerns and enhance their well-being.

legislation to enable i ennesseeans with disabilities to live more independently. Members m o d around the state to teach people with disabilities about their 'legal rights and responsibilities. They provide leadership development training and foster communitv awareness through community volunteer service. They represent Tennesseeans with disabilities bv serving on regional, state and national committees including the State Advisory Planning Council tot the Department oi Mental Retardation. They conduct local, regional and state-wide conferences, meetings and training programs.
9. In 1989, Governor Ned McWherter issued a proclamation recognizing People First lor Outstanding S e m c e to Tennessee. In 1990, People First of Tennessee received the Nashville Mayor's Award for Outstanding Organization Serving People With Disabilities; in 1994, the organization received the Nashville Mayor's Advisory Committee Award. In 1995. People First received the J.C. Penney Golden Rule Award.
10. In 1991, People First of Tennessee organized and hosted a nation-wide conference of self-advocacy organizations; at this conference, a national organization of self-advocacy or "People First" organizations was founded named Self-Advocates Becoming Empowered. Since that time, members of People First have been appointed to the President's Committee on Mental Retardation and the board of directors of the American Association on Mental Retardation, one of the leading professional organizations in the field of developmental disabilities. A Tennessee member served as a regional representative on the National Committee of Self-Advocates Becoming Empowered; a member of People First of Tennessee was chosen to honor Senator Frist upon his appointment to the chairmanship of the Senate Sub-committee on Disability Issues,

and members were invited bv President ("Union to tlie 5th anniversarv celebration or *:u anniversary ot the Americans with Disabilities Act. Twentv-fpur delegate, from Pee-pie i 'ir>i of Tennessee attended the 3rd International People First Conference in Toronto, Canada. Final U. People First's training program on sell-determination was published in 1^95 bv the James Stanfield Publishing Co., a nationally recognized distributor of special education training
programs. 11. The name "People First" was conceived by the members of People First
International, which was founded in 1974 by residents of the Fairview Training Center, a state institution for persons with retardation in Oregon. In discussing the selection of a name, one of the members said, "Why not call ourselves People First, because we want to be known as peoplebefore we're known for our handicap?" After that. People First organizations were formed m many other states, including Tennessee. All share the common purpose of supporting their members' right to speak for themselves, to make their own decisions, and to know and exercise their rights as citizens, including their right to live in the community.
12. People First has many members who live at all three defendant developmental centers. Beginning in 1984, members of the local Nashville chapter decided to conduct outreach to individuals residing at Clover Bottom. Since that time many individuals from Clover Bottom. Greene Valley and Nat T. Winston have become People First members and have attended local meetings. Members who reside at Clover Bottom Developmental Center have attended public hearings on efforts to limit the size of residential programs. They have been elected to local chapter leadership positions and one individual has served on the organization's board of directors in the past.

approximately fifteen years. She lives in Magnolia, a larce buiidini; w;;h
Clover Bottom because she had challenging behavior, and because defendants served people with her disabilities only at institutions like Clover Bottom,
14. Ms, Chaffee is a capable woman with good communication skills. She has been labelled moderately retarded. She attends People First meetings regularly. She has slated at every recent People I-'irst meeting that she wants to leave Clover Bottom and live in a normal home in the community. In the past, she was placed in a group home but the placement tailed because the home was, m ellect. a mini-institution with many residents, was not staffed to meet her needs, and was funded far below the level of Clover Bottom. Defendants* "cookie-cutter" approach to community services denied Ms. Chaffee the individualized services she needed.
15.Ms. Chaffee has been recommended for community placement; however, she remains at the institution because the community service system operated by defendants poses many barriers to her successful placement. Those barriers include the defendants' failure to develop supported employment and other daytime services for persons living in the community; their failure to develop residential support services for people with significant disabilities and need for behavioral support: and their failure to make training and technical assistance available to people who work in the community service system.
16. Ms. Chaffee lacks meaningful employment training opportunities at Clover Bottom. She attends a sheltered workshop on campus, where she spends about six hours a day. much of

it d e a d l i m e w u h n o t h i n g to d o . t h e rest o; it r e p e t i t i v e a s s e m b l y w o r k fur m i n i m a ; •.•-.•..•.iie>. Th:> is the o n l y e m n l r n m e n t t r a i n i n g o n n o n u n i l \ a v a i l a b l e 10 the vast m a j o r i t y of Clover B o t t o m residents.
17. Bonnie Cnatiee experiences, on a daily basis, the harmful and unlawful conditions described in paragraphs 12B-244 below. Because of defendants' failure io provide individualized services in the community, she has been unnecessarily confined at Clover Bottom.
18. DOWELL HARRIS is a man of middle age who has been institutionalized at Clover Bottom for many years. He lives in the Spruce building, in a "behavior unit" where he is congregated together with other men who are considered "lower functioning ambulatory" residents with behavior problems. He has little opportunity to model appropriate behavior or to learn how to act in the community; instead, he is exposed without respite to persons whose behavior is at least at problematic as his own. He and the other men in his unit have little or no choice about when to wake up and go to bed, or what to eat. He has no family who are involved in his life and has not received a Christmas card from a friend in at least twenty years.
19. Mr. Harris has multiple disabilities. He does not say many words clearly, and he has visual difficulties. He walks with a hunched-over gait. He has difficulty with activities of daily living. He engages in stereotypical, perseverative behavior that is the result of his king institutionalization. The irony is that because of the disabilities that were created in part bv institutionalization, he is now considered to be completely inappropriate for community placement. Defendants refuse to consider him for the community on the ground that he requires too much support—support they have chosen to provide only at Clover Bottom.
20. Mr. Harris rarely leaves his residential unit—he is in the Spruce building 24 hours

a dav for weeks at a nine, lie has little or no opponunitv to practice ^ojuooik;' :-K\, •recreational skills or community living, skills, ilis environment is barren, monotonous and unpleasant: he is condemned to live without hope or companionship.
21. Dowtil Harris experiences, on a dailv basis, the liarmful and unlawful conditions described in paragraphs 128-249 below. Because defendants limit their community sen ices to persons who do not have his behavioral disabilities, he has no alternative to Clover Bottom.
22. EFFIE IZSTELLE PIPPIN will be 44 vears old on December 23, N95. She has lived at Clover Bottom lor nearly twenty years. She lives in Magnolia, tier parents are deceased. She has a brother who does not visit or send cards or letters, and a sister who has only limited contact with her. She attended public school for a time but left while she was still in elementary school.
23. Ms. Pippin is capable and articulate and states that she would like to leave Clover Bottom and move to her own apartment. She is an active member of People First of Tennessee. With training and support she could easily work at a real job and use public transportation. She lias been labelled mildly or moderately retarded. She has hemipiegia and has some difficultv walking, which places her at risk of falling and injuring herself. In the last year she has had a broken toot and a sprained ankle. She has been denied adequate dental care at Clover Bottom.
24. Ms. Pippin has been hit frequently by other Clover Bottom residents. At People First meetings, she has been observed to have bruises that Clover Bottom staff could not adequately explain. She has also been the recipient of forced sexual attention at Clover Bottom.
25. In the past, Ms. Pippin has been placed in group homes in the community, but defendants' one-size-fits-all approach to community services did not meet her individual needs.
10

As a result, she was returned to Closer Bottom. 26. Effie Pippin experiences, on a
described in paragraphs 128-240 below. Because of defendants' fai I lire to provide individualized services in the community, she has been unnecessarily confined at Closer Bottom.
27. SANDRA JO PROCTOR is 46 years old and has lived at Clover Bottom for more than twenty years. She lives in Harrison Hall, a large building composed of several wards in which twelve to fifteen people share living space and bathroom facilities. Until recently Ms, Proctor hardly ever left her building; even now, she spends most of her time on the unit. 28. 28. Ms. Proctor does not speak but understands others when they speak to her. She can walk, feed herself and make known her choices and preferences. She has been labelled severely and profoundly retarded.
29. Ms. Proctor is not receiving adequate habilitation at Clover Bottom. She docs not have access to meaningful activities, vocational training, or the opportunity to learn real-life skills in the natural environments where those skills are practiced. She lives in a barren ward with stark, institutional furniture, a television blaring for most of the day, and little else to do.
30. Ms. Proctor has been denied community placement because of challenging behavior. With proper support and training, however, she could learn how to act appropriately in the community, where she could also receive much richer and more meaningful habilitative services. However, the staff support she needs would cost more than the defendants' cost ceiling under the home and community based waiver. That ceiling-$107 per day-is significantly less than the $180 per diem cost of care at ("lover Bottom.
31. Sandra Jo Proctor experiences, on a dailv basis, the harmful and unlawful conditions
II

persons who do IHU have her beha\iorai disapiiniev siic- iias no L^icr;vi;w to C' o - e r R.x;o^. 32. CYNTHIA DAWN SOMMF.RVII.I.F. is [lie adopted d.uiiimc" -V ie!v and K;s>K
Sommerville of Portland, Tennessee. She is sixteen vears. old and has ;i\ed at Clove; B^uom Developmental Center from September 12. 1^86, until going into a eommuniiv progn-im in June. 1996, She is diagnosed as having autism, profound retardation and cerebral palsv.
33. At Clover Bottom. Ms. Sommerville experienced manv health and behavior problems requiring hospital treatment, including hyperactive behavior, loss of sleep, agitation, self-mutilation, dehydration, aspiration pneumonia, gastroesophageaj reflux, neurogemc bladder, otitis. tonsillitis and severe constipation. She has received many psycho-active and other medications at the institution, including Valium, Hakioi. Thorazine. Mellaril. Loxitane. chloral hvdrate. diphenhvdramine. Trilafon. Benadryl, Ditropan, Ativan, Tegretol, Zantac, arid Senokoi. Some of these medications have caused serious side-effects; for example, she has experienced involuntary muscular movements due to repeated doses of Loxiiane, and has suffered rapid weight loss as a reaction to medication.
34. In 198"7, Ms. Sommerville was admitted to Vanderbilt Hospital for phenobarbital mijestion. At the time, she was not supposed to be taking anv barbiturates. When Clover Bottom staff queried the hospital whether the test result that showed phenobarbital in her blood could have been a false positive, further specialized assays w:ere done and the drug was identified as phenobarbital.
35. Cynthia Sommerville has experienced sexual abuse and injury at Clover Bottom. In 1QQi a psychologist at the institution called Cynthia's mother and informed her that her
12

daughter had bruising on her upper inner thighs nca: the gemtais aiu: recommended t:;,i: - :. '•_• checked bv a gynecologist. Nubsequemh. she was seen bv a doctor ,ibom bruises on her back and hand prints on her ribs. The institution explained that these bruises were a result o!" naving been lifted and moved bv a direct care staff.
3(, On March 10, 1992, Ms, Sommerville was taken to Nashville General Hospital with two sets of bruises to be evaluated for possible abuse- She was referred to the Department o\ Human Services and "Our Kids," a program lor children who may have been sexually abused. The hospital was unable to confirm or deny physical abuse. However, she was tound to have "significant bruising of at least two ages consistent with recent falls and/or blunt trauma" Her mother had found bruises on her lower back and dried blood on her inner thighs when visiting to check on her.
37. On March 25, 1992, Ms. Sommerville was again seen at General Hospital for assessment of possible sexual abuse. At that time, a report was made to the Department ot Human Services.
38. On Angus! 21, 1993. Ms. Sommerville was the victim of an assault and battery by an unknown person or persons at Clover Bottom. She was found with severe bruises and swelling o\ her arms and knees. The injury was not reported to Ms. Sommerville's mother in a timely fashion.
39 Qn December 8, 1993, some time between 8 and 10 PM, Cynthia Sommerville was sexually assaulted. When she was bathed at 8 PM, staff noticed no bruises. At 10 PM. a staff person checked Ms. Sommervilie's bed, noticed that the covers needed adjusting, and found Cynthia with bruising on the left inner thigh close to the vaginal area and a heavy vagina!
13

discharge on the buttocks, vagina! area ami sheets A nurse was summoned ana M;-. Sommerville was taken to the infirmary and from there she was transported to Nashune General Hospital. The nurse called Kathy Sommerville. and told her thai she couid not rule out the possibility that "something had liappened to jCynliiiaj." Clover Hottoni staff reported to Genera! Hospital staff that Cynthia had a copious white and yellow vaginal discharge, a strong bods odor despite having been bathed only a few hours before, and fresh bruising. However, between the time the injuries were discovered and the time Cynthia arrived at the infirmarv. staff must have cleaned her up to eliminate signs of sexual abuse because the physician on duty found no discharge. The institution found that several violations of procedure had occurred uring the time the injuries would have to have occurred and that staff were not working in their assigned places. Clover Bottom staff concluded that the injuries were either "self-inflicted" or caused by someone else. General Hospital expressed concern that there was no explanation for the bruises or discharge.
40. Cynthia Sommerville has experienced, on a daily basis, the harmful and unlawful conditions described in paragraphs 128-249 below. Because defendants limited their community services to persons who do not have her significant and multiple disabilities, she had no alternative to Clover Bottom until after this case was filed.
41. KEVIN TROUPE is a young man in his 20s who came to Clover Bottom at the age of twelve. He lives in the Spruce building, where he is inappropriately congregated with "lowerfunctioning" men with challenging behavior. He was initially admitted to Clover Bottom for short-term respite and was institutionalized there permanently because of defendants' failure to jnake services available in the community for persons with his behavioral disabilities.
14

in meetings recently, probabh because staff in his building rareiv accompany the uicn who \:\v tiicre outside the unit. With support M r Troupe could live in his own home with a companion, work at a job and learn community living skills.
43. Mr. Troupe badly needs dental care which lie not receiving at Clover Bottom. His appearance is often dishevelled, his clothes dirty and ill-fitting. He is not receiving adequate habilitation, meaningful vocational training, or realistic opportunities to learn social skills or skills of daily living.
44. Kevin Troupe experiences, on a daily basis, the harmful and unlawful conditions described in paragraphs 128-24" below. Because of defendants' failure to provide individualized services in the coinmumtv, he has been unnecessarily confined at Clover Bottom.
45. JUANITA WRIGHT is 71 years old and has lived at Clover Bottom for at least ten years. She lives in a building tor "higher-functioning" older women. Her living unit has few meaningful or functional activities that would be appropriate for persons of retirement age. The women in her building gel up and go to bed at the same time and eat their meals at prescribed limes. Although she could learn to assist in meal preparation, she must eat food that is trucked ni on plastic travs.
46. Ms. Wri2ht is quiet, soft-spoken and polite. She has good social skills. She could enjov an active retirement in the community. She is an active member of People First ot Tennessee and served on a team of People First members that met with Tennessee legislators

in 14B9. She has been labelled severe!v retarded, bui h [Millies a r e
47. Ms. Wright has repeatedly and consistently expressed her desire to move to a normal home in the community. Her need lor support is modest and could easily be met in the community.
J-H. Juanita Wright experiences, on a daily basis, the harmful and unlawful conditions described in paragraphs 128-249 below. Because of defendants" failure to provide individualized services in the community, she has been unnecessarily confined at Clover Bottom.
4*->. MARYANN AVFRY is a 26 year old woman who has been at Nat. T. Winston for approximately 8 years. She lives in the Mississippi unit, where she is inappropriately congregated with "lower-functioning" women with challenging behavior. Mary Ann has been abused bv other residents while staff members stood and watched but failed to intervene.
50. Mary Ann is a capable young woman who is ambulatory, verbal and understands the speech of others. She ts able to follow directions and is able to communicate her needs and desires to others. With minimal support Mary Ann could live in the community and leant the functional skills necessary for her to succeed in society as a working adult.
51. Currently. Marv Ann spends her days in a workshop where she puts tiny automotive parts together. While she does her job quite well, she does not know what the parts are used tor and has no opportunity to view the final product. She has little opportunity to go into the community and has no interaction with non-disabled peers.
52. Marv Ann is not receiving adequate habilitation, meaningful vocational training, or realistic opportunities to learn social skills or skills of daily living.

53. Mary Ann Avery experiences, on a iiaiiy basis, the hanmui end iinkiwun CO-;I.:;;:P-> described in paragraphs 128-249 below. Because ot defendant" taiUire to preside ma^ uiuaii/cc. services in the community, she has been unnecessarily confined at Na! T. Winston
54. AUDRlNIECh HOLLlSThR is a woman in her 30"s who has lived at Na; "1". Winston for many vears. She lives in the Mississippi Unit, a unit for women with behavioral disabilities. Audriniece has been hit bv oilier residents and receives no protection or intervention by staff.
55. Audriniece spends her davs in a workshop where she puts greeting cards in piles lor packaging. Audriniece lacks meaningful employment training opportunities at Nat T. Winston.
56. Audriniece is a very capable woman who can read and is both ambulatory and verbal. She is very unhappy at Nat T. Winston and has clearly expressed her desire to move into the community. She would like to work as a waitress and thinks she would be good at it.
57. Audriniece has not seen her mother lor manv vears. Her mother has been in a coma for nine vears and has been unable to visit. Likewise, Audriniece is unable to leave the institution to HO visit her mother. Audriniece misses her mother very much.
58. Audriniece experiences, on a daily basis, the harmful and unlawful conditions described in paragraphs 128-249 below. Because of defendants' tailure to provide individualized services in the community, she has been unnecessarily confined at Nat T. Winston.
59. KENNETH LEE is a 24 year old man who has been institutionalized at Nat T. Winston for approximately 3 years- He lives in the Hatchy building, in a "behavior unit" where he is congregated together with other men who lead him into trouble. Ken has been convinced several times to break out of Nat T. Winston bv one of the other men in his unit. While staff

recognize the problem of housing Ken u : t h tills orher 'v-;:de;u. ;ne\ cpn;:nue io do so L;CM>:-O requests by his mother at IDT meetings to separate the two men.
60. Kenneth eniovs and is good at housekeeping and would like to work m the community. While his mother has requested that Ken be allowed to do housekeeping, he is not permitted to get a housecieaning job because he has not met the institutions standards tor his work in an assembly-line type workshop. Kenneth is denied the transitional services and vocational rehabilitation necessary tor him to become a productive member of society.
61. Kenneth has been force fully restrained by staff members despite the facility policy and a statement in K e n ' s behavior plan that only "time out" will be used if physical aggression occurs or appears imminent.
62. Kenneth experiences, on a daily basis, the harmful and unlawful conditions described in paragraphs 128-249 below. Because of defendants' failure to provide individualized services in the c o m m u n i t y , he has been unnecessarily confined at Nat T. Winston.
63. E D D I E J O N E S is a 5 1 year old man who has been institutionalized at Greene Valley tor approximately 34 years. He lives in the Newel Building with other men who are considered residents with behavior problems. Eddie's IDT considers that Eddie is a good candidate for a group home placement.
64. Eddie was placed in Greene Valley by a juvenile court because of hyperactivity and behavior problems. His parents are both mildly mentally retarded and are not involved with Eddie. D u e to E d d i e ' s behavior problems he has been forced to spend most of his life in an institution taking psychotropic medication for depression.
65. In the past vear. Eddie has been treated for p n e u m o n i a 3 times, bronchitis 2 times.
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u p p e r r e s p i r a t o r y i n f e c t i o n o n e t i m e , k w - i i - m p t . _ ;:•. v~- _ : ; : ; . : u ;:/:: ; , . ; \ : e : : x " - - , : . N \ .• U : ^ . - :
fungus and dry skin. 66. Fciclie works in downtown Greeneviiie nut lias i;111e o-- no exposure :o 'ion di^i'ved
peers. He does nor have anv opportunity to go into the comuiunnv tor ac:i\ ities other than uo;>: in a slielterecl workshop.
67. Eddie experiences, on a dailv basis, the harmiul and uniawtul conditions described in paragraphs 128-249 below. Because of defendants' failure to provide individualized services in the cornmunitv. he has been unnecessarilv confined at Greene Yailev.
68. LARRY YVAYNL7 VAUGHN is a 26 vear old man who has been institutionalized at Greene Vallev for 6 vears. He lives in the Alder building, in a "behavior unit" where he is congregated together with other men who are considered "lower functioning" residents with behavior problems. Larry is diagnosed as having mild retardation, congenital spina bifida with hvdroceplialus. generalized ronic-clonie seizures and paraplegia.
69. Larrv is a warm, capable, personable and articulate man who has clearly expressed !us desire to live in the community. His communication ts clear and he communicates using complex sentences relating to past and future events including reasoning and abstract concepts
70. Larrv is an active member of People First and is president ot" the Greene Vallev chapter.
71. Larrv spends his time working downtown putting boxes together. He also eniovs listening to music and doing crossword puzzles. Larrv has been dented the right to have his hair cut the wav he would like, verv short, because staff teei that the scar on his head should be .hidden. Larrv is also denied the right to own his own television. He is very unhappy at Greene
19

Vallev and complains that ti:s oivii rignts are violated on a dadv basis. how to cook so that he could make ins own meals and cook !or Incnds. 72, 72. Larrv experiences, on a tlai]\ basis, the harmful and unlawful conditions described in paragraphs 128-24-9 below. Because defendants limit their community services to persons who do not have his behavioral disabilities, and because Larry has intense medical needs. He has no alternative to Greene Valley.
73. CHARLhS WILHOITII is a 48 year old man who has been institutionalized at Greene Valley for 21 of the past 23 years. He lives in the Newel building.
74. Charles is ambulatory, he communicates quite well verbally and he is a highly capable man. He works doing laundry day after day for $4.00 per day. Charles is denied the transitional services and vocational rehabilitation necessary for him to become a productive member of society.
75. Charles has no contact with his mother or father. He has no opportunity for interaction with non-disabled peers and spends all of his time either at work or on Greene Valley grounds. Charles is taking two psvchoiropic medications, Mellaril and I'amelor to control his behavior.
76. Charles could live in the community and become a productive member of society with minimal support. Charles experiences, on a daily basis, the harmful and unlawful conditions described in paragraphs 128-249 below. Because of defendants' failure to provide individualized services in the community, he has been unnecessarily confined at Greene Valley.
77. CAROLYN BR1TT is a 43 year old woman who has been institutionalized at Greene Vallev for 15 years. She lives in the Laurel building, a behavioral unit. Carolyn has been
20

diagnosed as having moderate mental retardation and schizophrenia- She ;s can-en;: v mcCicrcec with Buspar, Paxil. Haldoi. and Nortriptyiine to control her schizophrenia.
78. Carolyn is ambulatory and verbal and works cleaning classrooms at Greene Valley. She is able to initiate conversation and she bathes, dresses, toilets, grooms and eats independently. She is unhappy at Greene Valley and has expressed her desire to live in a group home in the community. Carolyn is a member of People First.
79. Carolyn is denied the transitional services and vocational rehabilitation necessary for her to become a productive member of society,
80. Carolyn has no contact with her mother or lather and lost contact with her brother several years ago. All attempts to locate her brother have not been successful. Carolyn has no opportunity for interaction with non-disabled peers and spends all of her time on Greene Valley grounds.
81. Carolyn experiences, on a daily basis, the harmful and unlawful conditions described in paragraphs 128-249 below.
82. REBECCA WORKMAN is a 22 year old woman who has been institutionalized at Greene Valley for nearly 6 years. She lives in the Laurel building. Rebecca has been diagnosed as having moderate mental retardation, disorder of impulse control and depression. She is currently medicated with Paxil to control her depression.
83. Rebecca is a member of People First. She is ambulatory and verbal and attends the special education program ABC at Doak School in Tusculum. She will be graduating this year and is currently deciding whether or not she will attend the graduation party. Rebecca does not attend any regular education classes.
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85. Rebecca lias limited comae! wiih her iiiother or father. She is permmcii to cai: he"" parents once per nUMith with staff assistance in order to maintain contact. Rebecca has had no home visits during the past year, Rebecca lias little opportunity tor interaction with non-disabled peers and spends most of her time on Greene Valley grounds.
86. Rebecca's IDT considers Rebecca appropriate tor placement in a level one community group home as long as she had access to psychiatric services to meet iier needs.
87. Rebecca experiences, on a daily basis, the harmful and unlawful conditions described in paragraphs 128-249 below.
88. JENNY BELLE GREENWOOD (Belie) is a 39 year old woman who has been institutionalized at Greene V'allev for nearly 30 years. She lives in the Laurel building. Belle has been diagnosed as having severe mental retardation, degenerative arthritis and schizoaffectivL- disorder.
S9. Belle is currently medicated with Buspar and Mellaril to control her behavior. The known side effects ot Mellanl are drowsiness, dizziness or blurred vision; stomach upset, loss of appetite, headache, drooling, dry mouth, sleep disturbances, restlessness, increased phornsensitivitv. chest pains, involuntary movements. Buspar also has the iollowing side effects: stomach upset, headache, change in appetite, vomiting, gas, lightheadedness, fatigue, weakness, vivid dreams, sleeplessness, dry skin, blurred vision, altered sense of taste and smell, weight gain and muscle aches.
90. Belle is a member ot" People First. She is ambulatory, verbal and independent in

rehabilitation necessary for her to become a productive member of soeictv. 91. Belle is missing several of her upper from teeth. Her IDT discussed 'lie replacement
of these missing teeth but recommended mat the teeth go unreplaced. Tiiey concluded mat Belle's lack a\~front teeth does not hinder tier appearance or abilitv to eat. talk, etc.. and that replacement would not benefit Belle, This is a decision Belle could and should make for herself,
92. Belle's mother does not visit her at Greene Valley nor does Belle visit her mother at home. Belle maintains limited contact with one of her sisters by telephone. Belle has little opportunity for interaction with non-disabled peers and spends most of tier time on Greene Valley grounds.
93. Belle experiences, on a daily basis, the harmful and unlawful conditions described in paragraphs 128-249 below,
94. DAVID BALTHROP and TliRRY BEATY are former residents of Nat T. Winston who now live together in their own apartment in Crossville, Tennessee in a supportive living arrangement. Terry is a 34 year old male who lived at Nat T. Winston from 1990-1995. Terry is diagnosed as having mild mental retardation and manic depression. David is a 36 year old male who spent approximately one and one half years at Nat T. Winston. David is diagnosed as having moderate mental retardation, schizophrenia and adjustment disorder with disturbance of conduct.
Q5. While at Nat T. Winston David and Terry both experienced physical and mental abuse by staff members. David reported that staff members often pushed him and also took various personal possessions such as clothing and lighters. Terry was assaulted and almost

strangled by a staff member at Nat i . Winston Unen he railed to comniv u M\ the s;-i':' :;:e:^:^:^ orders. Terrv was also forced to where diapers lha; did not Hi proper!v because sui!Y refund to order the appropriate size. This was both humiliatmii and puint'ui tor Terrv.
96. Terrv and David have much more autonomy now than they did at Nat. T. Winston. Thev make their own decisions regarding what to eat. what to do with their free time, and who their home care providers will be. David and Terry are both happy with their current living arrangement and cringe at the thought of returning to Nat T. Winston or any other similar institution.
97. David and Terry both work live days a week at Hilltoppers, Inc., a community workshop designed for people with disabilities located in Crossviile. Tennessee. While thev have limited interaction with non-disabled peers, they have the option to pursue such interactions when thev are not working at Hilltoppers
98. David and Terry have both experienced in the past the harmful and unlawful conditions described in paragraphs 128-249 below.
Class Action Allegations 99. The class consists of all persons who presently reside or will reside at the Clover Bottom Developmental Center, including the Harold Jordan Center. Greene Vallev Developmental Center or Nat T. Winston Developmental Center and all persons who have resided there since December 22, 1992. 100. The members of the class have all been denied rights under federal law as a result of the actions, inactions, policies, and practices of defendants. Plaintiffs seek for themselves and tor all members of the class declaratory and injuuetive relief to eliminate those actions.

policies and practices and to require defendants to estabhsn .tand.irds and TTocseiiiro uu • do no: arbitrarily deny to plaintiffs and tiie class their rights guaranteed by federal law,
101. There are substantial questions of law and iaci common to the entire class, including the following questions:
(a) Are the conditions at the defendant developmental centers as alleged herein': (b) Does plaintiffs' segregation at the defendant developmental centers violate. among other rights, plaintiffs' right to: the equal protection of the laws; habilitation in the least separate, most integrated community setting: freedom of association; freedom of expression; the right to participate in public services and programs and activities receiving federal assistance regardless of the seventy of plaintiffs' disabilities'? (c) Do the defendants have an obligation under the Constitution and the laws of the United States to provide necessary services to plaintiffs and the class in the least separate, most integrated community setting? (b) Have defendants subjected residents of the defendant developmental centers to abuse and neglect and unnecessary physical and chemical restraint, and deprived the residents of adequate food, clothing, shelter, medical care, and habilitation0 (c) Have the defendants failed to develop and deliver a professionally designed, consistently and aggressively implemented program of training, treatment, and other services to each developmental center resident to enable him or her to function with the greatest selfdetermination and independence possible'? 102. The claims of the plaintiffs arc typical of the class. The named plaintiffs will adequately and fairlv represent the interests of the class. Defendants have acted on grounds
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. L r e n e r a i l v a p p l i c a n t t o t h eL : a s s . f h e ' v n v m a K i n r a p p r o p ~ a ^ - : ; n a : : : \ u n , ; : - , -:.o o , w . . : v.-."~'-r e l i e f w i t h r e s p e c t t o t h e c i a s s as, a =. experience adequaielv in represent all members o!" the ciass.
Petpnclants 103. THE CLOVER BOTTOM DEVELOPMENTAL ("ENTER is a state operated and state-owned institution for persons with mental retardation located in Nashville. Tennessee. It includes the Harold Jordan Center. H is classified as an Intermediate Care Facility tor the Mentally Retarded (ICE/MR) under Title XIX of the Social Security Act. and receives federal funds under that Act. 104. The GREENE VALLEY DEVELOPMENTAL CENTER is a state-operated and state-owned institution tor persons with mental retardation located in Greeneville, Tennessee. It is classified as an Intermediate Care Facility for the Mentallv Retarded (ICF-'MR) under Titie XIX of the Social Security Act, and receives federal funds under that Act. 105. The NAT T. WINSTON DEVELOPMENTAL CENTER is a state-operated and state-owned institution for persons with mental retardation located in Bolivar. Tennessee. It is classified as an Intermediate Care Facility lor the Mentally Retarded (ICF7MR) under Title XIX o\ the Social Security Act, and receives federal funds under that Act. 106. Defendant DON SUNDQUIST is the governor of the State of Tennessee. He is responsible for faithfully executing the laws of the State of Tennessee and of the United States of America. He is responsible for appointing the officers of the various departments ol the executive branch, including the Departments of Mental Health and Mental Retardation. Health and Human Services, and those officers serve at his pleasure, lie is responsible lor preparing
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the budgets of" the various departments and lor determining the nuclei oi -.lie Depa::n 10:!: •;•>"' Finance and Administration lor the Developmental ("enters and tor mental retardation services in the conimumtv. He lias the authority to approve and disapprove LIrants and cooperali\e programs for the operation oi' coinmunitv mental retardation services.
107. On June 23. 1994, Governor Sundquisi's predecessor in office. Governor Ned McWherter, was informed by the United States Department of Justice that it was commencing an investigation into conditions at the Clover Bottom Developmental Center pursuant to (he Civil Rights of Institutionalized Persons Act, 42 U.S.C. § 1997 et sec|. Thereafter, the Department
of Justice conducted several comprehensive tours of Clover Bottom. Greene Valley and Nat T. Winston with independent experts who observed conditions in all the residential units at each institution at various times of the day. interviewed administrators, staff and residents, examined records, and analyzed documents pertaining to staffing, injury, abuse, mortality, medications, and institutional policies and procedures. Based on that extensive investigation, the Department 01 Justice concluded that conditions at Clover Bottom, Greene Valley and Nat T. Winston deprive their residents of their constitutional rights to adequate medical care, reasonable safety, and the training required by professional judgment. The Department of Justice found conditions at tiie defendant institutions that seriously threaten the residents" health and safety, including:
(a) A pattern of unacceptable injury, abuse and neglect. (b) Dangerously deficient medical care. (c) An almost total lack of unit activities or stimulation of any kind. (d) Failure to provide a free appropriate public education for school-age residents as required by the Individuals with Disabilities Education Act. 20 U.S.C. § 1401 ct seq.

(e) i he harm of unnecessary insututionaiizaiion to residents who should he supported in the communitv.
108. The Department o! Justice notified • . remedial measures necessary to eliminate the violations at each institution of residents* rights. in a detailed letters dated January 10, 1995, March 10, 1995, and May 12, 1995.
109. Defendant O. STEVEN ROTH is the Superintendent of the Clover Bottom Developmental Center. He is responsible for the operation, administration, and supervision of all aspects of the Clover Bottom Developmental Center, including the custody, care and treatment of all persons admitted there. He is responsible for insuring compliance by the staff with the rules, regulations and procedures of the facility and of the Department of Finance and Administration and with applicable state and federal law and regulations. He is further responsible for insuring that incidents of alleged abuse of residents are reported to the appropriate local or state authorities. He has oversight responsibility for the process by which residents are discharged to community-based placements, nursing homes, or other placements.
110. Defendant ROBERT ERB is the Superintendent of the Greene Valley Developmental Center. He is responsible for the operation, administration, and supervision of all aspects of the Greene Valley Developmental Center, including the custody, care and treatment of all persons admitted there. He is responsible for insuring compliance by the staff with the rules, regulations and procedures of the facility and of the Department of Finance and Administration and with applicable state and federal law and regulations. He is further responsible for insuring that incidents o\ alleged abuse of residents are reported to the appropriate local or state authorities. He has oversight responsibility for the process by which residents are discharged to community-
28

based placements, nursing homes, or inner placement. 111. Defendant PETE DAVIDSON is ilie Superintendent of Uie Nat T. W ; - u , n
Developmental Center, He is responsible lor the operation, adminissralion. and supervision or ail aspects of the Nat 'I'. Winston Developmental Center, including the custodv, care and treatment of all persons admitted there. He is responsible tor insuring compliance by the staff with the rules, regulations and procedures of the facility and of the Department of Finance and Administration and with applicable state and federal law and regulations. He is further responsible for insuring that incidents of alleged abuse of residents are reported to the appropriate local or state authorities. He has oversight responsibility for the process bv which residents are discharged to community-based placements, nursing homes, or other placements.
112. The Tennessee DEPARTMENT OF MENTAL HEALTH AND MENTAL RETARDATION (DMHMR) is charged bv law with executing the primary functions of the State of Tennessee pertaining to persons with retardation and developmental disabilities. Those duties which are comprised in the Division of Mental Retardation have been transferred to the Department of Finance and Administration by Executive Orders Nos. 9 and 10 of Governor Sundquist, The department executed its functions through the administration, operation, and oversight of the state-operated Developmental Centers, including Clover Bottom. Greene Valley and Nat T, Winston, and by contracting with private agencies to provide residential and other services to persons with developmental disabilities in community-based settings. The department had the duty lo insure that all residents of Clover Bottom. Greene Valley and Nat T. Winston receive services in accordance with the provisions and protections of Tennessee and -federal law. The department had the statutory authority, with the approval of the Governor, to
29

make grants to cuamies and nonprohi eorporaiions for u:e con^'ruction, maimeranae ami operation of mental retardation fadings, programs and services, an- ro operate sueh services directly. It had the duty and authontv In make and enforce rules for the efficienr and lawful operation of such sen ices. It was responsible to ensure that each client of a mental retardation program licensed and hmded by the department has an opportunity for a fair hearing before an impartial decision-maker before that person can be discharged from a program.
113. Defendant BON DISHMAN is the Acting Commissioner of the Department of Mental Health and Mental Retardation. As the chief executive and administrative officer of the department, he was responsible for the proper and efficient operation of the department, its institutions and programs and tor insuring that those programs are operated in compliance with federal law. He was responsible for selecting, with the approval of the Governor, the superintendents of the institutions and other personnel required for the operation of the department. He was responsible for making and adopting rules and regulations for the government, management and supervision of each and all state mental health and mental retardation facilities. He was responsible to regulate the admission and transfer of residents of state facilities, including the Clover Bottom, Greene Valley and Nat T. Winston Developmental Centers, and to provide for the care, maintenance and treatment of the persons who reside in those facilities. He was responsible for making alterations at the facilities as required for the proper treatment and well-being of the residents. He was responsible to ensure that institutional residents were placed in employment and other activities of therapeutic and rehabilitative benefit to the resident, and that residents have appropriate opportunities for physical exercise and recreation. These duties have been shifted by Executive Order Nos. 9 and 10 to the Department
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of Finance and Administration. 114, Defendant THOMAS SULLIVAN i> the Assisiant Commissioner for NTenuL
Retardation of the Department of Mental Health and Mentai Retardation winch division has hern transferred to the Department oi' Finance and Administration. He is responsible fur supervising and administering ail mental retardation programs and services in the state of Tennessee thai were formerly subject to the jurisdiction of the Department of Mental Health and Mental Retardation prior to the issuance of Executive Order No, 10 on October 19. 1996 and No. c' on February 7, 1996.
114.The Tennessee DEPARTMENT OF HEALTH (DH) is the single stale agency in Tennessee authorized to administer the Medicaid program under Title XiX of the Social Security Act. DH is responsible to review the needs and level of care required by all persons in intermediate care facilities for the mentally retarded (ICFs/MR) in order to insure that appropriate placements are made and to identify persons inappropriately placed in such facilities instead of in the community. DH also is responsible for ensuring that Medicaid-certified facilities in Tennessee, including Clover Bottom, Greene Valley, Nat T. Winston and other ICFs/MR. meet minimum standards for certification tor the receipt of Medicaid funds pursuant to Title XIX of the Social Security Act.
115. Defendant FRED1A WADLEY is the Commissioner of the Department of Health. She is the chief executive and administrative officer of the department, and is responsible for ensuring that Clover Bottom, Greene Valley, Nat T. Winston and other ICFs/MR meet the minimum standards for state licensure and certification for the receipt of Medicaid funds pursuant to Title XIX of the Social Security Act.

116. The TENNESSEE DEPARTMENT OE FINANCE ANi) ADMINiS !'KA i'lON i>. responsible for financial planning, budgeting and oversight of expenditures nv deparnnems d^J. officers of the State of Tennessee, The Division of Mentai Retardation lias been reassigned bv Executive Order Nos. 9 and 10 to the Department of Finance and Administration. Therefore, all of the functions of the Division of MR are now the resposibility of the Department of Finance and Administration. The Department of Finance and Administration assists the Department of Health in the planning and establishment of Medical Assistance programs in the State of Tennessee and is responsible for all financial matters related to Medical Assistance.
117. Defendant JOHN FERGUSON is the Commissioner of the Department of Finance and Administration. He is the chief executive and administrative officer of the department. He is responsible for preparing the governor's annual budget request to the slate legislature, for financial planning of Medical Assistance programs in Tennessee, tor review and audit of the expenditure of funds by state agencies, lor determining the amount of reserve allotments, and for ensuring that program expenditures are maintained within legislative appropriations. Before other departments and officers of state government are allowed to enter into contracts, the Commissioner must certify that there is a balance in the appropriation from which the contract obligation is to be paid. The Commissioner is authorized to use the general reserve account in the state treasury to offset revenue shortfalls for which other funds are not available. He is responsible, pursuant to Executive Order Nos. 9 and 10 for all operations and responsibilities of the Department of Mental Health and Mental Retardation relative to Greene Valley. Clover Bottom. Nat T. Winston, and their respective offices of community services.
118. Defendant RUSTY SEIBERT is the Assistant Commissioner for Tenncare. He is

responsible, in cooperation with tiic Division oi Me;;tai Reia;da:;on. :o: i;o\._^:p::i_... v::v:-\ :-Tg and administering Medical Assistance programs under uh;_i> service- :r- perso:;^ u.-idevelopmental disabilities are provided. These programs include the l e - n e ^ e e H M^V ..nci Community-Based Waiver program, which enables the state to use Title XIX funds \o ser.e former institutional residents and those ai risk ot lnstitutionalization in normal home and community settings, 1 19. 120. The Clover Bottom Development Center, the Greene Valley Developmental Center, the Nat T. Wilson Developmental Center, the Tennessee Department of Menial Health and Mental Retardation, the Tennessee Department of Health, and the Tennessee Department of Finance and Administration are recipients of federal financial assistance .
How Plaintiffs Came To Be At The State Institutions 120. Clover Bottom was established in 1919 bv an act of the state legislature as the Tennessee Home and Training School for Feeble-Minded Persons. 1919 Tcnn. Pub. Acts 561, ch. 150. In the Act. the legislature actively inculcated fear of retarded people as dangerous. The Act required counlv health officers and county superintendents of education to "file application tor the commitment of feeble-minded persons whose parents or guardians neglect such duty ... whenever such officer shall have reasonable cause to believe that such commitment is necessary to secure the welfare of such feeble-minded persons or of the persons with whom they come in contact." id. § S (emphasis added). The Act applied to "am person with such a degree of mental defectiveness" as to be "a menace to she community." Id. 8 2 (emphasis added). State officials supported the legislation and echoed the conviction that persons with retardation were a threat to "normal" people, stating that "there are very many feeble-minded in the Stale of

Tennessee who have never gotten into one of the State institutions and are more or :c« ?.. rie:.,Kv and burden to their respective communities." 1 O. RHP. ST. INSTITUTIONS 3u-3 i M°:-"!; (emphasis added),
121. The Nat T. Winston Developmental Center was established in Julv, 1979 thrcumli the Department of Mental Health and Mental Retardation in order to serve persons with retardation inappropriately served in mental health facilities. There are currently 99 residents at Nat T. Winston, down from 150 at the beginning of this fiscal year.
122. The Greene Valley Developmental Center was established in 1960. There are currently 484 residents at Greene Valley.
123. Class members are or have been institutionalized at state developmental centers because of defendants' failure to serve persons with severe and profound retardation, physical disabilities, challenging behavior and other severe disabilities in communitv-integrated sen ices and settings. Many class members were admitted to these developmental centers after their families sought services in community-based programs, but were denied because the person had severe and profound retardation or a physical or behavioral disability.
124. Other class members came to the developmental centers after being discharged from a group home. Defendants' contractors, the community providers, routinely discharge group home residents when they begin to present behavioral difficulties. Defendants fail to prevent this practice or to ensure that group home residents are not discharged without adequate procedural clue process.
125. Many class members were placed at developmental centers because they are classified, in accordance with defendants' system tor ranking people with disabilities by their
34

level of functioning, at "Level One"—the lowest level. Defendants disproportionate;1, enn;:^:; persons classified "Level One" to institutions rather than normal, familv-seale homes, although persons with the most significant disabilities have the greatest need for the individualized services and close personal attention that is possible only in small settings.
126. Prior to their placement at the defendant institutions, class members are not informed of any feasible alternatives available under the Medicaid Waiver Program and neither are they given the choice of either institutional or home and community-based services.
127. Prejudice and stereotype continue to support the segregation of people with severe disabilities in state institutions, away from the rest of us.
The Harmful Conditions Imposed Upon Residents 128. Clover Bottom, Greene Valley and Nat T. Wilson are "total institutions," where recreational activities, social activities, and medical care are provided in the same facility where residents sleep and eat. The institutions' self-contained character inhibits meaningful community involvement; many residents never leave the facilities or their respective living units at all. 129. At the defendant state institutions, plaintiffs spend their days waiting out the hours. They sprawl in ill-fitting wheelchairs or carts. They are parked in dayrooms or hallways unattended, or are left alone in their rooms. Many plaintiffs languish in hospital beds or cribs, with no stimulation except when they are changed or fed. Others are left in wheelchairs, unattended for hours, with no stimulation or human contact available to them. Interaction between staff and residents is minimal. 130. The physical environment at the developmental centers was designed for mass management and custodial care. Their architecture cannot be adapted to the habilitative needs
35

units: thev are inadequate for habihtatjon and active treatment. 131, The iiMHE and activity space a! these institutions is dehumanizing. The facihivs"
physical layout encourages passivity and dependence rather than activity and growth. The environments are bare, uncarpeted, devoid of warmth, individuality, or dignity. Living and sleeping areas are sparsely furnished and do not contain age appropriate furnishings associated with normal active iiving. Plaintiffs are denied the developmental opportunities, the sensory and intellectual stimulation, the comfort and pleasure that community residents obtain from the usual surroundings ami conveniences in homes, schools, restaurants, work places and recreational
rdCiiilios.
132- At best, staff at the developmental centers provide bare custodial care. More often, :!iev tail to provide (lie attention nccessarv to safeguard residents from deterioration, atrophy, physical injury and abuse. Lack of Adequate Basic Cure
133- Plaintiffs' basic care needs are ignored; they are left alone for hours. Clover Bottom residents m diapers are often wet, their clothes soaked through with urine. In some units, the smell of urine is pervasive.
135, In many units at Clover Bottom and Greene Valley staff ratios are inadequate to meet residents' basic care needs. Despite the inadequate staffing, the staff who are on duty commonlv ignore their clients and leave the residents unattended.
134. Because of staff shortages, staff often "float" to areas of the institution to which they
36

a r e n o t t v p i c a l l v a s s i g n e d a n d c a r e ; e r a l a r g e n u m n e r or' r e s i d e n t s -A l i o n ; 11io\ u o n o : k n o w . T r . : s practice creates an u n a c c e p t a b l v iiigli r:sk o; narin.
I 3 ! i . D i r e c t c a r e s t a t l a t a l l t h r e e d c \ c i o p m e n t a l c e n t e r s l a c k t h e s k i l l s h> n n v . u i e adequate basic care to class members wiih complex disabilities and serious health needs.
Lack of Adequate Medical Care 136. Many class members do not receive adequate and timely medical care or denial
care. Their health problems often go unrecognized and untreated. 137. Medical staffing at all three defendant developmental centers is grossly inadequate
to provide medical care thai is consistent with professional standards, 138. Further, medical personnel have inadequate experience and training. They are hired
without significant experience caring for persons with developmental disabilities and have virtually no in-service training or continuing education alter they begin.
139. The number of adequately trained nurses at Clover Bottom and Greene Valley is insufficient to meet residents' health care needs.
140. Because of the lack of trained and experienced medical staff, residents at all three instituions receive grossly inadequate preventive and ongoing care. Instead, medical care is characterized by "crisis management." The result is that class members suffer unnecessary pain, fractures, injuries, aspiration, pneumonia, decubitus ulcers and swallowing dysfunction which in turn inevitably cause decline in health status and, in many cases, a direct threat to life. These problems could be avoided with adequate medical management plans to treat residents' ongoing health care needs.
141. Seizure management is deficient. Many Clover Bottom residents with seizure

disorders have not been seen by a neurologist for years. Some r e s a l e s coiuiiuic ;o re^:.i. anticonvulsant medications long alter tliev have stopped having seizures, while others receive grossly subtherapeutic doses of the aniiconvulsanl medications thev need. The incnnsiMOn' recording of seizures by staff seriously compromises the rationale for. and the efficacy ol\ prescribed medications and treatment.
142. In a representative case, a 44-year old woman died in October. 1993 at Clover Bottom as a result of aspiration during a prolonged seizure. Lab tests repeatedly showed substantially therapeutic levels of anti-seizure medication in her blood although her seizures were increasing. Despite numerous seizures, including one lasting ten minutes and described as uncontrolled, this woman's physician failed to pursue therapeutic levels of anti-seizure medication.
143. Emergency medical care is inadequate. The institutions have no written guidelines prescribing when 91 1 should be called. Residents who need immediate emergency medical care are transported from their living units to the medical building by non-medical personnel such as security officers when they should be taken by emergency medical technicians direct!v to the hospital,
144. Quality control, peer review and coordination of medical care are virtually nonexistent at all three institutions. Medical recordkeeping and data collection also are inadequate. Individual medical records are in disarray: Important information is missing, progress notes and plans are cursory, documents are misfiled and physician notes are illegible. Data concerning the chronic medical needs of residents is lacking. This absence of organized information is a serious impediment to the ability of staff to meet the critical health care needs of the residents. The
38

disorganization of medical care means •iuu planning UK n-anaenig Uic care <:\ ;V-M':O ;.\K;chronic medical conditions is practically impossible.
145. Psychiatric services are serioush deficient at all three developmental centers. The psychiatric consultation currently available to the institution by psychiatrists under contract is completely inadequate to supervise and monitor the care of residents who arc receiving psychoactive medications. Failure adequately to monitor the effects of medications is dangerous to residents. It greatly enhances the risk that psycho-active medications may be used as chemical restraints.
146. Staff members often present conflicting data about residents to the psychiatrist which, in turn, may lead to inappropriate prescription of psycho-active medications.
147. No formal process exists for approval of medications that may be used ior behavioral control. The institutions' procedures for tracking medication side-effects is similarly deficient. This absence compounds the risk of harmful side-effects and jeopardizes the rights and liberty of class members who are unnecessarily medicated. For example, 119 of the 150 residents of the Nat T. Wilson Developmental Center at the time of the Department of Justice tour m earlv 1995 were on neuroleptic medications for behavior control and there is no evidence that the staff is attempting to integrate behavioral and psychopharmacological treatments.
148.The significant lapses in the medical services being provided to residents are unacceptable. They compromise plaintiffs' long-range outlook and create an undue risk of physical harm and loss of lite. Frequent Injury and Abuse
151. Safetv conditions at all three developmental centers are seriously deficient. The rate
39

of injury is alarming!v high. Main o: ::;;,- ;'iijru-> are m \i\\'~_:u<x\\\ ,L\.V,' a r c we:-.." ; ; : ; . v i ^ : - , ^ a* the time thev occurred.
149. In congregate care settings such as these developmenta: centers. redden;- ui:k nialadaptive behavior will hurt other residents, ilns risk is severe at all tiiree institutions in Tennessee, where residents suiter injuries and assaults on a regular basis and arc at serious risk of harm in their own living units and throughout the institutions, t o r instance, at the Greene Vallev Developmental Center over 1'3 ot Hie injuries reported in incidence reports resulted from residents' behaviors, including self-injury and aggression.
150. Reasonable professional attempts to prevent injury are not made ai anv of the three developmental centers. Staff fail to intervene when residents injure themselves or others. Residents push, hit and bite one another, oilen causing injury serious enough to require stitches or loss of teeth, in plain view of stall vet without stall intervention.
151. Two representative cases involve residents of the Nat T. Wilson Developmental Center. One individual was injured 25 times in an eight month period, receiving 11 lacerations, including one that was six inches m length. The other individual was also injured 25 times in an eight month period. Sixteen ot those injuries were self-inflicted and the remainder resulted from fights with other resident. In a another representative case at the Greene Vallev Developmental Center an 1 1 year old bov lost his sight in one eve due to repeated heacislapping which resulted in a detached retina.
152. Lack of trained staff, nonimplementation of programs and the almost complete lack of activity or stimulation in the units contribute significant!v to the high rate of injury.
153. These institutions cio not conduct the analysis needed to prevent re-occurrence of
40

avoidable injuries. Without adequate rcponii-g u: tiara on causes miu paiier;;:, o; inuine-. •' impossible to know How to prevent them.
154. Defendants have .tailed to protect resident1; ot the institutions trom physical abuse and neglect-
155.Verbal abuse is widespread. Staff at Clover Bottom use abrupt, verbal commands to communicate with residents; often, tiiev scream at them.
156. Staff are not encouraged to report abuse or neglect: some staff use intimidation to prevent other staff from reporting such incidents. Out of a sample of ten residents at the Greene Valley Developmental Center, the Department of Justice investigation revealed that 60% of the residents had injuries for which no report could be located.
157. Abuse investigations are cursory, and many potential incidents of abuse are never investigated. Those investigations that are carried out ivpically conclude with a finding that the allegation is not substantiated, even in cases in which the evidence suggests that abuse did occur,
158. Neglect of residents is common. Residents are left for extended periods of time in soiled clothes or engaging in self-injurious behavior unattended.
159. Numerous environmental health and fire safety deficiencies were found at Nat. T. Winston which greatlv increase the risk of injury to class members. The kitchen area was found to be unsanitary and in poor repair, subjecting residents to high risks of food and water contamination. Fire evacuation plans were also found to be in need of revision and tbrmalization. Denial of Minimally Adequate Habilitation and Training
160. Habilitation is the teaching and training process required by persons with significant
41

disabilities so that rhev can reach their fuliesi pnientiai in phv^cai, .sociai and menu-; cruwMc 164, Virtual!v all persons with significant disabilities have the capabilitv. with proper
education and training, to learn some basic sell-care skills: to participate in feeding, ioi ietinrz. mobility and other bodily needs. Nearly ail the residents ot the state developmental centers could, with reasonable, individualized instruction and adaptations, participate more in their selfhelp functioning.
161. Active treatment is the formal process of training, treatment and care that must be delivered to each Medicaid-eligible resident of an Intermediate Care Facility for the Mentally Retarded (ICF/MR). Active treatment is a professionally designed, consistently and aggressively implemented program of training, treatment, and other services to enable each ICF/MR resident to function with the greatest self-determination and independence possible. 42 U.S.C. § 1396did); 42 C.F.R. § 483.440.
162. Active treatment requires the development and implementation of an individualized program of intervention that is based upon and accountable to a comprehensive assessment of the individual needs of the resident and an individual program plan (IPP). Assigning an ICF/MR resident to a generic activity (one that is generally available at a facility) is not active treatment unless the activity fulfills an individual goal or objective that, in turn, addresses an assessed need of the individual resident. 42 C.F.R. § 483.440(a), (c}(3). (c)(4), (d)(3).
163. No long-term view leading to greater independence, productivity and integration guides the program planning process for residents of the three developmental centers.
164. Individual program plans are meaningless as a guide to habilitation. They frequently ignore the residents' individual needs, even when those needs are obvious and
42

166. Individual program plans at Clover Bottom fail to identify the mechanical supports needed to achieve proper bodv position, balance or alignment, as well as the reasons for each support and the situation in which each is to lie applied.
167. Individual program plans at Clover Bottom tail to include opportunities tor individual choice and self-management. Class members are not offered reasonable treatment choices and alternatives. Individual program plans do not reflect the input of the class member or his family.
168. Goals are "canned." not individualized at all three developmental centers. Plans aticl programs for residents with different levels of ability are virtually identical.
169. Plans and programs are not revised and updated in light of the person's changing needs but remain unchanged from one year to the next.
170. The number of professional staff who work at these developmental centers is inadequate.
171. The professional staff who arc employed at the centers do not adequately monitor the delivery of the programs they develop tor class members. There is no effective method to ensure quality and consistency of performance among direct care staff.
172. Direct care staff at Clover Bottom have little knowledge of the persons for whom thev arc assumed to care. Often, they cannol even identify the persons lor whom they have
43

caresiving responsibiiitv and finis arc r o m p i e t c : \ unaware ot the M p n : -cant ;>>ue_! in [\\-J'T \\\\:>. 173. Direct care staff are not adequately trained ;u carry out meir clients' individual
program plans and often do nor even know liie content ot tiiose plans. "1he\ do not understand their clients' needs nor the techniques required to teach them functional skills, Thev do not know how to collect meaningful progress data.
174. Accurate and meaningful data are not kept on anv developmental center residents that can show progress, regression or lack of change.
175. All three developmental centers lack the capability to deliver active treatment because the basic components of active treatment-adequate professional staff, functioning interdisciplinary teams, adequate assessments, professionally-designed individual habilitation plans, and direct care staff trained and supervised in the deliverv of each resident's plan—do not exist.
176. Staff fail to implement active treatment programs for class members, especially to the those whose disabilities are severe. Class members spend only a fraction of their time in program-related activities.
177. Untrained, unsupervised, unfamiliar with their clients' needs and abilities and unaware of what is expected of them, staff stand idle in a roomful of their clients -- or they socialize with one another and ignore their clients.
178. Residents receive little attention from staff, and rarely interact with anyone other than a paid staff member. Most of tiieir time is "dead time." They spent long periods of time "waitina" to so from one activity to another, self-stimulating, rocking, milling around, dozing, or simply doing nothing.
44

1 / 9 . The inleruiSCiphnarv teams lor each pcrso:; do not have a sufficient ,-Tas ;•:' s e r ^ e available to make reasonable habilitanon ciecisinn^ lor meeting she needs of Hie indnKiuai.
18U.Training programs at all three developmental censers depart substaniia'ik :>(>:;: professional judgment, standards and practice. They are inappropriate io the learning need- o\ persons with severe intellectual disabilities.
181. Training programs do not teacii functional skills. Residents are denied the opportunity to learn the skills of daily living, such as dressing and tooth-brushing. In the living units, there are no materials that can be used to teach age-appropriate, functional skills.
182. Many residents are capable of going to the store, choosing and purchasing their food, cooking and serving meals and caring for their own living units, but they have no opportunity to do so. Staff cook and clean while the residents remain idle.
183. Residents are not provided with adequate individualized adaptations to enable them so do things for themselves. Adaptive equipment is not generally available to residents who need it in their education and living areas.
184. Communication and cooperation between cottage and school or adult education programs is virtually non-existent.
185. Residents' opportunities to interact with non-disabled persons and to spend time outside the institution are extremely limited. Residents of the institutions receive little or no community-based instruction; that is. they have little or no opportunity to learn skills that will enable them to function in their communities, such as acting and dressing appropriately in public, eating in a restaurant, going to a movie, crossing streets.
186. Few recreational or leisure time activities are available to plamtilis. Thev spend
45

little time outdoors and have lit 187. Habitation does
integration. The quality of life of persons a: these centers is unacceptable because it oilers no opportunity for progress, participation m vaiued hie activities, daily life style choices, privacy, safety, dignity and hope for improvement.
188. Many of the school aged children living at the three developmental centers are denied the opportunity to be educated with, children who do not have disabilities. Although theneducational needs could be met in regular public schools and classes, maiiv of these children must attend "school" on campus simply because they live in state institutions,
189. The Individualized Education Programs (IEPss lor school-age children are inadequate and do not assure the provision of a free appropriate public education to winch these students are entitled. IEP goals and objectives are extremely limited—for example, it is common to find only two skills addressed in a student's IEP over a three-year period. Students do not receive the related services such as physical therapy to which they are entitled as part of their education due to the absence of interaction between therapy staff and educational staff.
190. The consequences of defendants' failure to provide active treatment at institutions, or to implement professional recommendations for placement elsewhere, are devastating to class members. Their basic needs are neglected, their time is wasted, their bodies are constricted, they develop behavior problems. They lose basic skills such as the ability to speak and to walk. They are deprived of the opportunity to live in a decent home and to build relationships with nondisabled people. Their human potential is wasted. Failure to Provide Adequate Behavior Management
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1 4 1 . B e h a v i o r m a n a g e m e n t is , u : i m p o r a n - - m : ^ : ; - : : ^ f ;;,;;— a - H - a a a ;_-.;.;•

• ' j ' _ v ' H •,' .. L " „

- -

behavioral problems are seriously deficient. A:- a resuh. ph\ sicai and chemical restraints roe

utilized as a substitute for appropriate care and programs: residents' nehaviora! problems a:o

aggravated and escalate.

192. Residents do not have the environmental and phvsical supports to develop and

maintain positive behaviors. Without those supports, behavior management techniques are

ineffective and reduced to crisis intervention alter harm and iniurv have already occurred.

193. The developmental centers do not properly conduct the assessments needed io

develop effective programs of behavioral support. Few if anv functional behavioral analyses,

which are the foundation tor developing adequate behavior intervention strategies, are conducted.

194. Programs are not individualized lor each resident. Programs for different persons

arc virtually identical. The programs are incomplete, incoherent, and are not implemented. In

a representative case, an older male resident of the Greene Valley Development Center who had

a history of pica (eating forei.cn obiects) documented in his record back to i977 had no program

to correct this behavior.

195. Documentation of residents' behavior is inaccurate, unreliable, inconsistent and

incomplete. Data collected on residents' behavioral and skill training programs are identical from

day to uav, sivina the appearance that data is fabricated or recorded at the end of the day, week

or month. The meaningless quality of the data deprives professional staff of the information

necessary to make professional, appropriate and safe decisions regarding training.

196. Staff do not ha\e the skills and competence necessary to implement behavioral

interventions to manage inappropriate neha>;i>r ur to implement individual program pian^. Nu:-intervention to manasze inappropriate behavior has no treatment or iong term efleet.
197, In place of adequate behavioral support, staff practice emergency physical restraint This is an inherently riskv procedure that placed residents as serious risk of injury and death,
198 Staff are unfamiliar with the behavior programs vi~ the residents thev supervise. 199. The inability of the staff lo deal with continual behavior problems results in more frequent accidents and injuries to class members. For instance, a resident of the Nat T. Wilson Development Center suffered a dislocated elbow after a take-down procedure. 200. The behavior management practices are inadequate to prevent or reduce the incidence of abuse and injury to class members, or to ensure freedom from undue restraint.
Failure to Provide Adequate Physical Therapy and Physical Management 201. Manv residents who have contractures or are non-ambulatory require physical
therapy and frequent positioning and repositioning in order to prevent skin breakdown and muscle and joint deterioration.
202. Physical therapy services at Clover Bottom and Greene Valley are seriously deficient. Direct care and professional staff are untrained in how to properly position, transfer or move residents. Programs are not effectively implemented. Physical therapy staff is insufficient to meet residents* needs. For instance, there is only one physical therapist on staff at Greene Valley Developmental Center tor a population of over 400 residents.
203. Class members are not positioned properly tor sitting, eating or other activities requiring proper body alignment or support. The few staff actually engaged in physical therapy activities engage in many dangerous practices such as lifting or moving residents by grabbing
48

and pulling on their arms or legs, which casik can resuh in broken bones. Staff Jan :o take :.-,e most basic precautions such as kicking wheelchairs before transterring residents in or our ,v me chair.
204. Developmental Center staff place residents with physical disabilities in inappropriate positions or allow them to remain in devices or postures that inhibit their ability to function and may even exacerbate their deformities.
205. Therapeutic equipment helps to hold a developmental!}' disabled person's body in alignment, prevent the progression of deformity and allow the person to move as normally as she can. With proper individualized therapeutic equipment, persons with severe developmental disability, severe physical disabilities and deformities and severe and profound retardation can achieve better alignment, better control of their muscles and limbs, and more normal and varied movements. They can learn to sit in more upright positions that facilitate growth and learning.
210. Adequate therapeutic equipment is lacking. Residents with severe physical disabilities and deformities use ill-fitting wheelchairs that do not provide adequate support and therefore cause progression of the person's deformity and increase the risk of accidental injurv. The deficiencies are so severe as to represent an active threat to class members' health and safety.
206. Accurate documentation of residents' individual physical therapy status does not exist. This makes it impossible to determine whether any intervention has been effective or ineffective and whether modifications need to be made in residents' services. As a result, many residents are continued for years on the same programs despite lack of progress.
207. The developmental centers do not provide adequate assistive devices to enable
49

residents to walk and move. Pui;:;;:;:- «:;(• conic, waik ^ui move u r n .m:>ac:,e .ov unreasonably pres erileci from doing so and io--e me abiii'v 10 walk altogether.
-'08. As a result ot improper ptisitum;nL: and lack o! adequate phvsicai therapy, re^ide-v-' deformities actually have increased, 'i'iiey have developed scoiiosis, windswept deformities, froLileg deformities and contracturcs that preclude the ability to sit upright. As a result of improper positioning and lack of adequate physical therapy. Clover Bottom residents who once sat upright in wheelchairs are confined to beds and c a n s .
209. Lack o( proper positioning and therapy has also led to osteoporosis, kidney stones, digestive difficulties, circulatory problems, respiratory problems, and deterioration of normal function, growth, and sensorv ant! cognitive abilities. Failure to Provide Adequate Nutritional Management
210. Staff a! (Mover Bottom and Greene Valley are not trained properly to teed persons with severe disabilities. As a result, 'lies tail to properly position residents during meals, utilize appropriate feeding techniques, and effectively monitor residents at meal time. Because of improper feeding techniques, residents face the serious, life-threatening risks of aspiration, choking and reflux.
2 1 1 . Class members who need individual mealtime programs to instruct staff in how to jeed them safely do not have them.
212. Class members who have regressed in their ability to chew and swallow are not provided oral-motor intervention to maintain those abilities. Together with improper feeding techniques, this compounds the risk of weight loss, dehydration, aspiration, and intection.
213. From being ranidlv fed pureed food some plaintiffs have altogether lost the ability

_ -

ipronnateh idennfv and treat class

members with potentially fatal nuintional dysfunctions such as unhealthv weight loss, caliri:

disorders, dvspiiagia or reflux.

Failure to Provide Adequate Occupational Therapy

215. Occupational therapy is a component of habtiitation and active treatment.

Occupational therapists assist people with disabilities to master the functional activities of

everyday living and meet the demands of their environment.

216. Because occupational therapy is environmentally and contextual!}' bound, the

limitations of the environment at developmental centers limits the ability of occupational

therapists to train or teach. Occupational therapists cannot adequately teach community living

skills at all three institutions because the environments are completely unlike the community.

Failure to Provide Adequate Language and Communication Services

21". Communication services are an important part of habilitation and active treatment.

If people with severe developmental disabilities are not provided with adequate intervention to

address their speech and language needs, they will regress,

218. Little speech and language training is conducted at the developmental centers. As

a result, residents do not receive the instruction and therapy thev need to improve or maintain

their ability to understand others and communicate their needs. Augmentative devices to enable

residents to communicate are virtually non-existent or are not in use. Staff make no attempt to

communicate with residents in sign language, although manv residents could benefit from

learninii sisns.

5!

219. Delenciants have Sailed to pro\ iue class members ^iU; a ^ i s i n e VLniH'^^o facilitated communication and other methods through V.Inch many persons previously k-belcLi severely and profoundly retarded have learned to communicate and express ideas. In this, and in their pervasive denial of liabiiitntion and learning to class members, defendants have diminished and failed to protect the capacity of class members to produce ideas by ilnnkiim and learning, and to express those ideas through communication. Failure to Provide Adequate Vocational Training and Opportunities for Employment
220. People with severe intellectual disabilities and challenging behavior can participate in productive work and work at real jobs in real workplaces.
221. With individualized systematic instruction and practice, the majority of these residents have the capability to learn and maintain vocational skills.
222. The opportunity to use and practice vocational skills in real work settings provides persons with severe disabilities not only with the benefits of earning wages and decreasing their dependence on public support, but also provides the benefits of participating in the community in a valued role—worker—and developing relationships with co-workers, friends and other nondisabled people who are not paid to be with them. Opportunities to work in real job settings allows tor modeling and learning appropriate work habits and social behaviors lrom non-disabled peers—something that is not possible at the state developmental centers.
223. There lias never been a systematic attempt to develop true vocational programs ibr developmental center residents. The programs called "vocational" are not truly vocational because they do not lead to jobs, nor do they teach skills that can prepare people ibr jobs. Violation of Class Members' Basic Rights to Persona! Choice, Dignity, Privacy. Communication. Access to Persona! Property, Freedom of Association and Participation in
52

Community Activities 224. Residents are deprived of dignity. .Staff interact wall them cither as children orAS
objects to be managed. Staff are allowed to treat residents with indifference, and to abuse them without consequence.
225. Residents are denied privacy because of the sheer numbers of residents and the lack of adequate staff to assist residents with intimate bodily functions in private.
226. Class members are routinely denied the basic rights of freedom of association and communication, access to personal property, and participation in community activities.
227. Residents are denied the right to marry or to enjoy intimate relationships. The policy and practice at the institutions is to separate residents who wish to engage in sexual activity.
228. The developmental centers fail to monitor the residents' personal property or to protect it from theft.
229. Class members are denied an adequate opportunity to participate in community activities. Some never leave the institution at all. During the entire summer of 1994. for example, 191 Clover Bottom residents did not go off-grounds for community or recreational outings.
230. Class members are denied the right to attend religious services in the faith and congregation of their choice. Most class members do not have the choice of attending services off campus because they are not provided with transportation to do so. In this, class members are denied their right to freely exercise their respective religious beliefs since the services offered at the institutions do not and cannot reflect the variety of class members' religious

prelerences2 3 1 . R e s i d e n t s s p e n d n e a r ! } a i it h e i r t i m e m t h e : : iisinc. .:u;:s ;ui;: r-ir^-i\. it c--e", c v
allowed to recreate out of doors. 232. Residents experience acute social isolation. The living, learning ami working
environments of the vast majority ol residents arc completely segregated from the comnum;t\. They have little or no opportunity to acquire and practice life skills in typical settings, such as home, school or job site. They have little or no opportunity to make nondisabled friends who arc not paid stall.
233. Class members arc denied the right to make the basic choices about their lives that other citizens take for grantee!. They have no opporlunilv to learn to make decisions for themselves.
234. The developmental centers have denied plaintiffs their riiiht io freedom (if association and expression In restricting their access to community activities, friendships and visitation. Plaintiffs are denied the opportunity to leave the facility to participate in outside
235. The size, scale, isolation and segregation of the developmental centers presents almost insurmountable impediments to the exercise of basic rights. Residents are assigned to jaree trrouns within the institutions because ot the logistical needs ol the taciliites and cannot choose whom to associate with. The "group" approach to life precludes choice for most residents,
Unnecessary Restraint 236. In the absence ol adequate programming to teach positive behavior, residents are
54

subjected LO unnecessary restraint. 237. Medication for control of behavior is used outside or and no; in coniuuaion \u!h
(tie individual program plan in violation of ICF. MR standards. 238. Residents are often physically restrained when the demands of individual residents
become inconvenient tor staff. Failure to Provide Adequate Discharge Planning
239. Post-discharge planning and follow-along services are inadequate. Residents are discharged from the institution without adequate effort to assure that they will receive the proper support in an alternative setting. As a result, residents who have been discharged are at risk of harm and of readmission.
240. in the past vcar, through the Middle Tennessee Office of Community Services, Clover Bottom has discharged 73 residents, often without proper planning and provision of the services needed to meet the person's needs. Of the 73, 62 were discharged to community agencies or homes. Defendants themselves acknowledge that at least 16 of these persons are not doing well in their present placement.
241. Defendants also discharged 1 1 Clover Bottom residents to general nursing facilities during the last year. Nursing facilities are considered by professionals and federal regulators to be a totally inappropriate setting for persons with developmental disabilities since they do not provide the active treatment or services needed by persons with those disabilities. The staffing rauo in a typical nursing facility falls far short of the staffing needed to provide adequate care to persons with significant developmental disabilities.
242. Five of the eleven persons placed from Clover Bottom into nursing facilities in the

iast year have died, some within a tew weeks or day- o\ placement. One u;ec of ;<;;»,;•. obstruction, another of gastro-intestinal bleeding, and another of a bacterial iniectiori.
243. Approximately 60 residents have been discharged over the past year from Na; T. Winston. 99 residents have been discharged from Greene Vallev in the past fiscal vear and of those five have returned.
Regression 244. As a result of the conditions set forth in paragraphs 128-243 above, residents have
regressed at all three developmental centers. Their limbs are twisted and deformed, their bodies are bent and contorted, their bones have decalcified. Class members who could walk without support now need staff assistance, while others are confined in wheelchairs. Residents who could sit up now lie in carts.
245. Class members who were in good health now have serious, even life--threatening health problems, including damaged lungs and difficulties with breathing and digestion. Class members who could eat orally now are tube-fed.
246. From the numbing effect of idleness and the institutions" barren environment, class members have lost cognitive skills, the ability to relate to others and to respond to their environment. Class members have lost the ability to speak and communicate. From being denied the opportunity to engage in the activities of daily living, class members have lost those skills altogether.
The Inevitability of the Harms Experienced bv Plaintiffs at the Developmental Centers 247. Custodial facilities like the defendant institutions inherently deny to plaintiffs the experiences, interactions and opportunities lor growth and development enjoyed by other
56

members of society. 248. Bv segregating persons with significant iiisahdities irom the rest o; me : u n ; n u r - ! ;
;md isolating them ai developmental centers with others who arc disabied. defendants e m p h a s i / r their "difference" from the rest of socieu, stigmatizing them lor hie,
249. Persons with significant disabilities, like other persons, varv in their needs, wishes ancl abilities. At different points of life, different activities and environments are appropriate to each person. The environment of the defendant developmental centers is designed for a single nuroose—for custodial care and mass management of persons with severe disabilities. Plaintifts' consignment to this environment deprives them of their individuality, of the possibility of habilitation. and o( living freely.
250. In an environment designed for mass management of large numbers of residents, persons with severe disabilities cannot receive the consistent individual attention they need to grow, develop and avoid regression. Persons who cannot communicate in words need attention from others who know them well and understand their method of communication. Far more than mose who can speak articulately and whose disabilities are less severe, people with severe disabilities and those who cannot speak need close personal attention which they can receive only In a fainilv-scale setting.
2 5 1 . Persons with complex needs tare the least well in large congregate settings. The more complex the person's needs, die smaller the setting must be, to enable to staff to focus on nnd provide consistent attention to the individual.
252. A congregate care facility is not a natural environment. It is an artificial environment in which persons with intellectual disabilities cannot learn real lire skills or

lunctional activities. In such an envnon;m>n<. person;; \\I:M do1, do^nenrn1 uisabinLicN caniHn receive what their specific learning needs require: the opportunity to learn reai-iife skills in the environments where those skills are practiced.
25J. Congregate care iacilities. particular!v uhcre there are one hundred or more residents, are dangerous because ol a high risk thai a resident will lose her own sense of personal identity and the reinforcing and stimulating aspects of direct handling in a stable and family-like atmosphere.
254. The threat of abuse of persons with significant disabilities is increased in an institutional setting to the extent that the institution congregates a large number of people with dependent needs.
255. Persons with challenging behavior need as "models" persons without maladaptive behavior. When persons with challenging behavior are congregated together, as they are at Hie developmental centers, there is an enhanced risk of learning maladaptive behavior from the example of the behavior of others.
256. The size and scale of the developmental centers is an impediment to the consistent, effective delivery of therapeutic activities and services. In a large setting, many more staff must be trained in consumers" therapy and management programs than would be the case in a smaller setting.
257. The maintenance of employee resolve and standards is much more complicated at a congregate care facility than it is in a small program. It is difficult in a large facility to hold staff accountable to deliver residents" programs. The complexity of the institutional bureaucracy and the lack of staff accountability in a large congregate environment make it difficult to get the
58

simplest thing done. 258. It is tremendously difficult 10 recruit ciualified professional staff to uork a:
developmental centers. This is due not only to the Sow pay nut to the administrative barriers thai staff must overcome lo work efficiently m that environment.
259. Because so many persons with complex disabilities are congregated together at the developmental centers, their needs overwhelm the staff. Congregating a large number ot person1; with complex needs greatly increases the difficulty for staff of finding activities that are interesting, stimulating or meaningful for the residents. Conversely, however, when persons with significant disabilities spend time with persons without disabilities, each nondisabled person serves as a natural teacher, and opportunities for learning are multiplied.
260. The opportunity to share places with people who are not labelled "retarded" cannot be afforded to people with disabilities in institutions; it can only be afforded in communities. The opportunities and benefits of being around other people who do not have disabilities (including the benefits of modeling and learning personal and community living skills), the opportunity to form friendships with people who do not have disabilities, and the opportunity to gain the respect of members of the community are not available in institutions.
261. No matter how large the ratio of staff to clients in a large congregate care setting, such a facility can never achieve the same favorable results as a normal home with support. Increasing the ratio of staff to clients will only lead to a point of diminishing returns, at which one additional staff member will not result in any additional interaction with the people who live there. However, when only one staff person works with a very small number of residents, the quality of staff interaction with residents improves greatly.

TI • l i u . *.

as a Means to '';•> "•'

,

262. The state institu > ' ..

-

OILS

with developmental disabilities. The ''medical model" is a paradigm or framework tor providing

services to people with disabilities that was current when most slate institutions were built but

is now obsolete. That model was based on the premise that a person wish a disability should be

placed in a special setting whose purpose is to "treat" his disability or deficit. An aspect of the

medical model is the concept of the "continuum of care," that is. a continuum of residential

settings from the most restrictive to the least restrictive, irom the most heavily started to the

least heavily staffed. According to the "medical model," a person is expected to move through

the various stages of the continuum—from a state institution to a nursing home or large ICF/MR,

to a small ICF/MR. to a group home, to a semi-independent living arrangement and finally to

a home of one's own—as he "improves" and meets the exit criteria for each setting. According

to this concepi, people can move from a restrictive congregate setting such as one of the

defendant institutions only by demonstrating their "readiness" for the next level of the con-

tinuum. In vocational services, the medical model dictates that the person earn his way along

a similar "continuum of care": from a day activity center to a work activity center to sheltered

work and eventually to a real job only as his skills improve.

263. Research and experience have shown conclusively that the medical model and the continuum of care are unnecessary and highly unsuccessful in preparing persons with developmental disabilities to live and work in more integrated and normal settings.

264. Research and experience have shown that institutions are not needed to serve persons with developmental disabilities, including persons with complex needs such as

60

challenging behavioi o; s c n o ! ^ medical p : ^ n ! e r ^ " ;n;u uvcro1:;^ ca^ ;;.f m ;:ie ^on;;;n:r;;y; ..• , thai people with developmental disabiiitv arc belter of; m integrated c o m m u n u v j-eilings aaa- alarge congregate settings based on the '"deficit"1 modeh
265. Other states have reduced their admissions to state institutions io zero. demonstrating conclusively that the institutional model ami the continuum o! care are unnecessary. Oilier states serve people with disabilities as severe as those of the residents of any state institution in home and community-based settings. Still other states have concluded explicitly that tliev have no further need for state mental retardation institutions. New Hampshire, Rhode island and Vermont have closed their slate institutions. Other states. including Colorado, Maine, Michigan, New York and Wyoming, have explicit or implicit plans to close all their state institutions within the next five years.
266. No sen. ices are provided at state developmental centers that cannot feasibly be made available to class m e m b e r s in the community. To the contrary, critically-needed services such as physical therapy, communication, nutritional management and behavior management are provided inadequately and sporadically at state institutions, or not at all. In the c o m m u n i t y , the professional services class members need are widely available.
26-7. In a familv-scaie residence, it is eas\ for staff to become familiar with [lie p e r s o n s needs, in a way that staff in the institution cannot.
2h8- Defendants' failure to make residential services available to class members with serious medical needs is irrational since in Tennessee as in other states aii over the country, children with complex medical needs-children who are technology dependent, ventilator dependent, or have cathetenzation tubes -are living at home with their families with support
61

services funded h\ Medicaid. maternal health demonstration grants and rhe Tennessee M,H;e. ^ : Waiver program. Adults with serious medical needs live m ihe;r own homes \\iih suroon services provided hv home health care agencies and oilier support sendees. The vast maiornv of T e n n e s s e e a n s witn serious medical needs d o not g o to institutions to receive medical, therapeutic or educational services, but receive those services m their own homes ami communities.
269. The intent of Congress, in amending the Social Security Act in 1971 to allow the slales to use Title XIX funds to pay for services in Intermediate Care Facilities for the Mentally Retarded (iCFs/MR), was to support "[t]he active provision of rehabilitative, educational and tranunii services to enhance the capacity of mentally retarded individuals to care for themselves or to engage in employment." 117 Cong. Rec. 44720 (December 4, 1971). The unintended consequence of the use of ICT/MR funds by state officials including the defendants is most ICT/MR dollars have flowed to large, custodial institutions where little education and training takes place.
270. Under the federal ICF/MR program, federal funds pay for 66% of the cost of care at the developmental centers. The ICwMR program in effect gives the states a right to draw against an open-ended federal bank account for their state institutions as long as the state's own surveyors continue to certify those facilities.
271. Tennessee is highly dependent upon the ICF/MR funding stream, not because of the professional judgment that persons with developmental disability are appropriately served in an ICF/MR facility, but because the ICF/MR program provides the most secure and stable and predictable form of federal financial assistance to states for service delivery to persons with
62

developmental disabilities. Defendants" use o! 1CF MR funds u» susiain its large, custodial sta:e institutions inhibits and slows the growth, and creation of alternative comnumitv-oased ser\icetor persons with .significant disabilities.
272. DH surveyors have an inherent conflict of interest when tiiev survey a state facility. The stale has a strong fiscal interest in continued Medieaid reimbursement tor services at its developmental centers; that interest is jeopardized when surveyors find violations of the conditions of participation,
273. Defendants' 1CF/MR survey process is inadequate. DH surveyors fail to ensure that Medicaid-certified facilities in Tennessee, including the developmental centers and other ICFs/MR, meet minimum standards for certification for the receipt of Medieaid funds pursuant to Title XIX of the Social Security Act. Under the Medieaid regulations, failure to meet all eigiit of the ICF/MR conditions of participation requires that the facility be decertified. However, DH surveyors ignore the myriad violations of the ICF/MR standards at the developmental centers; they routinely certify the facilities even though deficiencies are so massive that a reasonable surveyor could not find the institutions m compliance with the ICF'MR conditions of participation.
The Benefits to Plaintiffs of Living in Normal, Integrated Community Settings 274. Professional judgment dictates that persons with significant disabilities be served in life patterns that are integrated with and similar to those followed by other persons. The vast majority of developmental disabilities professionals, public agencies and service providers now reject the medical or deficit model and see their purpose as that of supporting people with significant disability in normal, integrated residential and work settings. Professionals now
63

b e l i e v e Ilia* t h e UWK O ; t h e s e m c e s y s t e m ;s n u t : o a ^ g n ' h e p e r s o n t o ,~. t a c i h t diagnosis, b u t to support people in h o m e s thev choose themselves, w h e r e thev enn
major national organizations concerned witli people witii developmental disabilities. 275. Longstanding federal policy toward people with developmental disabilities,
articulated and enacted over the course of nearly three decades, is based on the values of independence, productivity and integration of citizens with disabilities. That policy in turn mirrors the professional consensus that the proper place for people with developmental disability is m normal homes, schools and workplaces and not in segregated ''facility-based" programs.
28L Defendants themselves recognize that it is good tor people to live in the most normal setting possible. Thev know that persons with significant disabilities benefit enormously from opportunities to practice daily living skills in normal environments, and to exercise choice and judgment.
276. Defendants acknowledge and accept the professional consensus that persons with developmental disabilities should not go to large congregate institutions to receive services. In 1989, with the support of the Assistant Commissioner for Mental Retardation, a Tennessee state law was enacted to prohibit the licensure and operation of any residential facility which houses more than eight persons with developmental disability. If these developmental centers were new facilities, defendants would refuse to license them.
277. Defendants acknowledge that the most important concepts shaping the delivery of developmental disability services during the last decade include "normalization" and "community
64

integration" •

_ -_

-

disabilities- \ '

persons with mental retardation and related condiiions must recognize and reilect tnnr

individual's dignity as a person, his/her natural membership in a native society and community,

and his/her right to live as closely as possible in the manner of the culture." "Community

integration," according to defendants, is a concept "reflecting the value to people with

developmental disabilities of sharing in community life" that includes the following key

principles:

"1) physical integration: to be a member of a community one must live in that community; 2) cultural integration: to be a member of a community one must exhibit culturally valued lifestyles and roles; 3) social integration: to be a member of a community one must enjoy reciprocal interpersonal relationships with other community members; 4) self-determination: to be a member of a community one must be able to affirm one's individuality through expressions of personal independence and preference within the limits and according to the standards of the community."

Defendants acknowledge that these principles "nave moved over time from ideals promoted by

advocates, to predominant professional perspectives, to principles guiding the administration and

organization of public programs ... Today they are explicitly or implicitly recognized as

important guiding principles by most state mental retardation/developmental disabilities

agencies," including the Tennessee Department of Mental Health and Mental Retardation. State

of Tennessee, Mental Retardation Services Master Plan, Fiscal Years 1989-1994 (Department

of Mental Health and Mental Retardation, 1989) at 1-2.

278. Professionals who work at the developmental centers arc in general agreement that

all residents could successfully be placed in the community if provided with adequate support.

65

27Q. r . . .

development.

•'••..•'

_

settinss based on the "deficit" model. Persons with disabilities grow and gain skills and

overcome institution-imposed regression when provided with opportunities to learn and practice

basic skills in small, well-structured, supervised community settings.

280. In the last twelve years, a body of research has developed showing what happens

to the quality of lite of people with developmental disabilities when they move from iarge

congregate care settings to community living. The results of this research are remarkably

consistent. They demonstrate that people are better off when they leave large congregate care

settings for community 'living in small, family-scale homes.

281. For example, in a five-year study commissioned by the Secretary of the U. S.

Department of Health and Human Services comparing the growth and development of persons

moved from Pennhurst to family-scale community living arrangements, researchers monitoring

residents for five years found that persons with severe disabilities placed in community living

arrangements increased in skills and developmental growth while residents of the institution did

not. The federal government study concluded that persons who moved from Pennhurst to

community placements were "better off in every way." J. W. Conroy and V. J. Bradley, The

Pennhurst Longitudinal Study: A Report of Five Years of Research and Analysis, Temple

Univ.. Philadelphia, PA (1985). After the initial five-year study was completed, the authors of

the Pennhurst Longitudinal Study continued to follow the 1700 members of the Pennhurst class

and found significant continued gains in growth and well-being.

282. Similarly, a systematic longitudinal study of the progress of 1,350 class members

66

in CARC v. Thome. No. H-78-653(TEC> (I). Conn.) cn:u;udeu tha; 'the neopk: w-v.-- navr Mru far moved from congregate care to community settings are. 0:1 ihe average, much betier o\\ n: every way we know how to measure." .I.W. Cunrov ct ah, 1990 Results o\ the ('ARC v . Thorne Longitudinal Study (1991) (emphasis in original).
283. These and other systematic studies of what happens to institutional residents when they move to the community have found:
(a) When former institutional residents are placed in the community, they make highly significant gains in skills and development (adaptive behavior).
(b) Former institutional residents who move to the community make significantly greater gains in adaptive behavior than persons with comparable needs who remain at the institution.
(c) When people who are labelled severely or profoundly retarded move into family-like community settings, they show even greater gains, proportionally, in adaptive behavior than persons labelled mildly and moderately retarded. No support exists for the proposition that some people are "too low functioning" to succeed in the community.
(d) Although the initial gains in adaptive behavior following class members' placement in the community are generally the most dramatic, the gains do not level off but continue. Former institutional residents continue to make significant gains in the community.
(e) Former institutional residents make significant gains in reducing challenging or maladaptive behavior after they are placed in the community.
(f) An inverse relationship exists between the size of a residential setting and the
67

degree oi communnv integration o; us (g) former institutional resident
community than they received at the institution. (h) Before comnmnilv placement, the majonlv o! families oi inrmcr ms'iiutiona'
residents are strongly opposed to communitv placenient of their relatives. However, alter community placement, this pattern is completely reversed1 The majority of family members become strongly supportive ol community placement. 284. The experience of properly planned institutional closure in other states demonstrates that virtually all residents of state institutions can live in small, integrated residential settings in the community, and that closure can be accomplished without adverse effects to institutional residents. 285. The issue whether people with developmental disabilities are better off in familvscale, integrated settings than in large congregate settings (settings oi more than 15 beds) is no longer an issue for scholars and professionals in the field. There is strong consensus among scholars who have studied the relation between size and quality of care thai family-scale residences are better than institiitions for people with developmental disability in every wav that Is measurable.
Defendants* Discriminatory Exclusion of Persons With Severe Disabilities From the Community 286. Defendants refuse to refer class members for community placement because of their severe and multiple disabilities. Professional recommendations for community placement cannot be made or acted upon because of the unavailability of community services for those class members.
m

Jo7. Tennessee's mental retardation program embodies the obsolete "medical ;;'o;.:ei," It is characterized by a system of "levels" of residential facilities front the largest and most heavily staffed (Level I) to the smallest and least heaviiv staffed (Level V). Level I facilities are institutions; Level 1! and Level III facilities are large group homes with a minimum of tour persons:; levels III.5, IV, and V are typical homes, duplexes or apartments where residents live semi-independentlv. Persons seeking services are classified by person's level of function and need for supervision and training, and then assigned to a facility of the corresponding "level." This system leads to the assignment of persons with severe disabilities and complex needs to the developmental centers. Lor the most part, only persons with mild disabilities are supported in tvpicai homes, duplexes or apartments and in homes they choose themselves. This system is a substantial departure from the professional consensus of the field. Bv continuing to operate this system, defendants discriminate intentionally against persons with severe and profound intellectual disabilities, physical disabilities, challenging behavior, and serious health needs.
288. Defendants have failed to prevent their contractors (the community providers) from discriminating against class members with severe disabilities. Defendants have failed to provide funding on a per diem basis for community services that is equitable in comparison to the funding available to the institutions. The service system operated by defendants is characterized by absence of planning and lack of coordination between the separate agencies that share responsibility for serving persons with developmental disabilities.
289. The Tenncare Bureau and the Division of Mental Retardation have applied for and received a waiver from the Health Care Financing Administration of the United States Department of Health and Human Services as provided under Section 2176 of the Omnibus
69

Budget Reconciliation Act of 1981. The Section 2176 waiver allows Medicaid fund-, :>J ' v used to support a variety of home and conimunitv based services for former ICT MR residents or those who are at risk of ICF/MR placement. To obtain a waiver, the state must show the Health ('are Financing Administration of the United States Department of Health and Human Sen ices that it will use the waiver to close ICF/MR beds or refrain from opening new ones. The waiver provides the same federal match—66 cents tor every 34 cents—that defendants receive for services at the developmental centers. Effective use of the Federal Medicaid Waiver Program would enable Tennessee to provide integrated services to persons currently residing at all of the state institutions at no greater expense to the state treasury.
290. Defendants have failed to use the waiver program to provide home and communitybased services for residents with the most significant disabilities. Defendants arbitrarily limit the per diem rates paid to community providers under the waiver to S107, while the per diem at the developmental centers is at least $180. If community programs were funded at the same level as the developmental centers, community providers could develop services for virtually everyone. However, the $107 ceiling makes it difficult or impossible to develop community services for at least half the present residents of the developmental center.
291. Defendants' funding mechanisms arbitrarily exclude many developmental center residents with significant physical disabilities from the community. Many class members with physical disabilities could live in their own homes with modest staff support if the proper adaptive equipment and modifications to assure accessibility were made available to them. However, because defendants arbitrarily limit community contractors* start-up funds to $4,000 per person, it is rarely possible to purchase the equipment and the home modifications needed
70

by those class members and thus they are consigned ;o mo uevuoppiun:.:: cente'S ipce-lniieu . 292. Defendants do not plan tor services based on the identified needs of inuividuai
clients. Plaintiffs are placed at the institutions because institutional beds are available, not because that service meets their individual needs.
293. Defendants have chosen to allocate the majoritv of their fiscal resources for developmental disabilities services to the institutions. This is a political, not a professional decision. Class members are denied community services, not because of the professional judgment that they should be institutionalized, but because tlse distribution of resources is skewed toward the institutions.
294. In their actions and inactions recited above, defendants have failed to exercise professional judgment. Defendants' actions and inactions are such a substantial departure from professional judgment, standards and practice as to demonstrate that they actually did not base their decisions on professional judgment. In their actions and inactions recited above, defendants have acquiesced, with deliberate indifference, in a policy and practice of failing adequately to train employees and in other policies, practices, customs and usages that are likely to result and have resulted in the violation of class members' constitutional rights.
295. Comcare, Inc., as guardian for class members with a duty to act in their best interests, has consented to, and thereby aided and perpetuated, the continued harm of class members' placement at developmental centers and the inadequate habitation they receive there.
296. The actions and inactions of defendants that are recited above have resulted and will continue to result in harm, injury, and regression.
297. Plaintiffs have no adequate remedy at law.

Claims Count I: Social Security Act
298. Defendants have violated the rights of plaintiffs secured by Title XIX of the Social Security Act, 42 U.S.C. Sections 1396, 1396a, 1396d(d), the regulations promulgated pursuant thereto, 42 C.F.R. Sec. 435.1009; part 483, subpart D; and part 456, subparts E, F and I, and by 42 U.S.C. § 1983, by
(a) Failing to exercise adequate operating direction over the institutions as required by 42 C.F.R. § 483.410(a)(l).
(b) Failing adequately to document plaintiffs' and class members' health care, active treatment, and other information as required by 42 C.F.R. §§ 483.410(c)(l) and 483.440(c)(5)(iv).
(c) Failing to allow and encourage plaintiffs and the class to exercise their rights as citizens, as required by 42 C.F.R. § 483.420(a)(3).
(c) Failing to enable plaintiffs and the class to communicate, associate and meet privately with persons of their choice, and to participate in social, religious and community group activities, as required by 42 C.F.R. § 483.420(a)(9) and (11).
(d) Failing to enable plaintiffs and the class to retain and use appropriate personal possessions and clothing, as required by 42 C.F.R. § 483.420(a)(12).
(e) Failing to promote participation of plaintiffs' and class members' parents and legal guardians in the process of providing active treatment to plaintiffs and class members, as required by 42 C.F.R. § 483.420(c)(l).
(f) Failing to implement procedures that prohibit physical, verbal, sexual and
72

psychological abuse or punishment, as required by 42 C.F.R. § 483.420(d)(l). (g) Failing to provide an active treatment program that is integrated, coordinated
and monitored by a qualified mental retardation professional, as required by 42 C.F.R. § 483.430(a).
(h) Failing to provide sufficient professional staff and adequate professional program services to implement the active treatment program defined by each plaintiff and class member's individual program plan, as required by 42 C.F.R. § 483.430(b).
(i) Failing to provide appropriately qualified, trained and competent staff in numbers that are sufficient to assist and supervise plaintiffs and the class in carrying out their individual program plans, as required by 42 C.F.R. § 483.430(c),(d) and (e).
(j) Failing to provide plaintiffs and class members with a continuous, aggressively and consistently implemented program of active treatment, consisting of needed interventions and services in sufficient number and frequency to enable plaintiffs to attain as much self determination, independence and optimal functional status as possible, as required by 42 C.F.R. § 483.440(a).
(1) Failing to provide plaintiffs and the class with adequate post-discharge plans, as required by 42 C.F.R. § 483.440(b).
(k) Failing to provide plaintiffs and the class with accurate, comprehensive functional assessments identifying their developmental strengths, their developmental and behavioral needs, and their need for services, without regard to the need for availability of services, as required by 42 C.F.R. § 483.440(c)(3).
(1) Failing to provide plaintiffs and the class with adequate individual program
73

plans setting forth the specific objectives necessary to meet the client's needs, as required by 42 C.F.R. § 483.440(c)(4).
(m) Failing to ensure that class members' individual program plans identify the mechanical supports needed to achieve proper body position, balance or alignment and specify the reason for each support, the situations in which it is to be applied, and a schedule for its use, as required by 42 C.F.R. § 483.440(c)(6)(iv).
(n) Failing to ensure that class members' individual program plans include opportunities for client choice and self-management, as required by 42 C.F.R. § 483.440(c)(6)(vi).
(o) Failing to ensure that each plaintiff's and class member's individual program plan is implemented by all staff who work with that person, as required by 42 C.F.R. § 483.440(d)(3).
(p) Failing to ensure that each plaintiff's and class member's comprehensive functional assessment is reviewed at least annually by the interdisciplinary team for relevancy and updated as needed, and that person's individual program plan revised as appropriate, as required by 42 C.F.R. § 483.440(f)(2).
(q) Failing to ensure that interventions for managing challenging behavior of plaintiffs and class members are employed with sufficient safeguards and supervision to protect their safety, welfare and civil and human rights, as required by 42 C.F.R. § 483.450(b)(2).
(r) Failing to incorporate the use of systematic interventions to manage inappropriate client behavior into class members' individual program plans, as required by 42 C.F.R. § 483.450(b)(4).
74

(s) Failing to assure that drugs for control of inappropriate behavior are approved by the interdisciplinary team and used only as an integral part of an individual program plan that is directed specifically toward the reduction of and eventual elimination of the behaviors for which the drugs are employed, as required by 42 C.F.R. § 483.450(e)(2).
(t) Failing to provide medical services necessary to maintain an optimum level of health for each individual and prevent disability, as required by 42 C.F.R. § 483.460(a).
(u) Failing to assure that health services are integrated into the class member's individual program plan, as required by 42 C.F.R. § 483.460(b).
(v) Failing to assure class members an adequate living environment, as required by 42 C.F.R. §483.470.
(w) Failing to assure adequate food, nutrition, and meal services, as required by 42 C.F.R. § 483.480.
(x) Failing to maintain the compliance of the developmental centers with the conditions of participation for intermediate care facilities for persons with mental retardation.
(y) Failing to determine whether services available at the developmental centers and other Title XIX facilities in which plaintiffs and class members reside are adequate to meet their health, rehabilitative and social needs and to promote their maximum physical, mental and psychosocial functioning, as required by 42 C.F.R. § 456.609(a).
(z) Failing to determine whether it is necessary and desirable for plaintiffs and class members to remain at the developmental centers and other Title XIX facilities, as required by 42 C.F.R. § 456.609(b).
(cc) Failing to review the appropriateness of plaintiffs' and class members'
75

continued placement at the developmental centers and other Title XIX facilities in which they reside and failing to determine the feasibility of meeting their needs through alternative noninstitutional services, as required by 42 C.F.R. § 456.609(c).
(aa) Failing to ensure adequate utilization review and discharge planning. (ab) Failing properly to evaluate each plaintiff's need for admission prior to placement.
Count II: Rehabilitation Act 299. Defendants have violated the rights of plaintiffs secured by Sections 100 and 504
of the Rehabilitation Act of 1973, as amended. 29 U.S.C. §§ 720 and 794, and regulations promulgated pursuant thereto, 45 C.F.R. parts 84 and 1361, by:
(a) Denying plaintiffs and class members the benefits of federally assisted services and programs.
(b) Failing to provide plaintiffs and the class federally assisted services that are as effective and meaningful as those delivered to other citizens and that are delivered in less separate, more integrated settings.
(c) Denying plaintiffs and the class the benefits of federally assisted training, habilitation and other programs on the basis of the severity of their intellectual or other disabilities.
(d) Segregating residents of the developmental centers on the basis of their physical, behavioral or medical disabilities.
(e) Providing federally assisted services to persons with severe intellectual disabilities and for people with physical or behavioral disabilities only in segregated settings.
76

(f) Aiding and perpetuating discrimination against developmental center residents in federally-funded programs.
Count III: Due Process Clause 300. Defendants have violated the rights of plaintiffs secured by the Due Process Clause
of the United States Constitution, and by 42 U.S.C. § 1983, by: (a) Subjecting plaintiffs and the class to harm and injury, including abuse, injuries
from accidents and neglect, regression, physical deterioration, deprivation of social relationships, and the harms arising from segregation and confinement.
(b) Failing to provide adequate shelter, clothing, food and health care. (c) Imposing unnecessary restraints, physical and chemical. (d) Failing to provide minimally adequate habilitation and training. (e) Failing to give consideration to the habilitative placement and other needs and rights of each individual class member, treating him or her in accordance with his or her own situation. (f) Conclusively presuming that class members cannot benefit from particular services or cannot live in non-institutional settings. (g) Denying class members an adequate opportunity to be heard on the appropriateness of their habilitative plans, programs and environment. (h) Failing to provide a friend-advocate to assist each class member to exercise his or her rights enumerated above. (i) Failing, in the actions and inactions set forth above, to exercise true professional judgment.
77

Count IV: First Amendment 301. Defendants have violated the rights of plaintiffs and the class to the freedoms of
expression and association secured by the First Amendment, by: (a) Preventing class members from associating and assembling with others of
their choice. (b) Preventing class members from meeting and speaking privately with friends,
advocates and others of their choice. (c) Preventing class members from communicating with others of their choice. (d) Diminishing and failing to protect the capacity of class members to produce
ideas by thinking and learning, and to express those ideas through communication. (e) Preventing and interfering with class members in the free exercise of religion.
Count V: Equal Protection Clause 302. Defendants have violated the rights of plaintiffs and the class secured by the Equal
Protection Clause of the Fourteenth Amendment by establishing, encouraging and otherwise sanctioning in de jure fashion enactments, programs, policies and practices that have excluded, separated and segregated persons labelled retarded from the rest of society without any rational basis. Count VI; Americans With Disabilities Act
303. Defendants have violated the rights of plaintiffs secured by Title II of the Americans With Disabilities Act of 1990, 42 U.S.C. §§ 12161-12165 and regulations promulgated pursuant thereto, at 28 C.F.R. Part 35.
(a) Denying plaintiffs and class members the opportunity to participate in, and the
78

benefits of, public services and programs that are as effective and meaningful as those delivered to other citizens and that are delivered in less separate, more integrated settings.
(b) Failing to make reasonable modification in policies, practices and procedures to enable class members to participate in integrated public services and programs.
(c) Imposing eligibility criteria that unnecessarily exclude certain classes of individuals with disabilities and that prevent class members from fully and equally enjoying public services, programs and activities.
(d) Failing to administer public services, programs and activities for class members in the most integrated setting appropriate to their needs.
(e) Failing to furnish appropriate auxiliary aids and services to enable class members an equal opportunity to participate in, and enjoy the benefits of, public services, programs and activities.
(f) Failing to remove architectural and communication barriers to enable class members to participate in public services, programs and activities.
(g) Aiding and perpetuating discrimination against developmental center residents in public services.
Relief WHEREFORE, plaintiffs respectfully request that this Court: 304. Declare that defendants' actions and inactions, as described herein, violate plaintiffs' rights under Title XIX of the Social Security Act and implementing federal regulations, the Rehabilitation Act of 1973 and implementing federal regulations; the Due Process Clause of the Fourteenth Amendment to the United States Constitution; the Equal Protection Clause of the
79

Fourteenth Amendment to the United States Constitution; and the First Amendment to the United States Constitution.
305. After hearing, preliminarily and permanently enjoin the defendants: (a) To arrange for the independent evaluation, by qualified professionals not
employed by the State of Tennessee, of the individual habilitation and treatment needs of each class member, to determine whether adequate treatment consistent with constitutional standards is being provided to the class member, and to determine whether the class member has been injured as a result of constitutionally inadequate treatment at the developmnetal centers in the past;
(b) to develop community living arrangements for all members of the plaintiff class for whom such living arrangements are called for by the independent evaluation set forth in 1 (a) above, together with the community services necessary to provide class members with minimally adequate habilitation, as defined in the independent evaluation and thereafter by an individual person-centered planning process that is consistent with contemporary standards of practice, until such time as the class member no longer is in need of community services.
(c) to provide services to class members in a manner which promotes their independence, enhances their dignity, and is as consistent as possible with societal norms.
(d) to provide each plaintiff and member of the plaintiff class effective developmental services in the most integrated setting appropriate to their needs;
(e) to make available with dispatch the necessary alternative residential facilities, home services and vocational and day services in the community, including:
(i) an effective, independent, conflict-free system of case
80

management and service coordination for class members; (ii) identification of the support and services needed by class
members by a process of person-centered planning; (iii) service plans based on need rather than availability of
services reflecting the value of supporting the person with relationships, productive work, participation in community life, and personal decision-making;
(iv) a system of personal advocacy and self-advocacy to assist class members in asserting their rights;
(v) an effective, systematic resource development capability, including but not limited to a program to ensure the availability of appropriate community residential services; appropriate medical, dental, psychiatric, therapeutic, and behavioral support services; appropriate community-integrated employment services and other day activities in community-integrated settings;
(vi) an effective quality assurance system in the community capable of detecting and remedying problems in class members' programs in systemic and coordinated fashion;
(vii) effective, mutually supportive management information systems in which systems of reporting, oversight and communication of information are organized and operational;
(viii) effective performance contracting systems. (f) to provide class members and their families with an opportunity to be heard by a neutral decision-maker on the substance of their program and placement;
81

(g) to cease admitting persons to developmental centers or from transferring present residents from the developmental centers unless such transfer is to the most integrated community setting appropriate to their needs, and appropriate developmental services are provided; to establish a system to prevent abuse and neglect of developmental center residents, to thoroughly and promptly investigate allegations of abuse and neglect and to establish appropriate consequences for abuse and neglect of residents by staff;
(h) to hire sufficient numbers of professional and direct care staff at the developmental centers, including sufficient numbers of qualified physicians, physical therapists, occupational therapists, speech and language pathologists, psychologists, and aides;
(i) to provide adequate medical care to residents; (j) to develop and deliver a professionally designed, consistently and aggressively implemented program of training, treatment, and other services to each resident to enable him or her function with the greatest self-determination and independence possible; (k) to provide professionally designed therapeutic support services, including adaptive equipment, positioning, mealtime programs, behavioral programs, and other assistance necessary to protect each class member from harm and regression; (1) to develop and provide adequate training programs for professional and direct care staff at the developmental centers, and assure that all staff are able to demonstrate the skills and competencies to provide active treatment to the class members they serve; (m) to provide a safe environment for each class member at the developmental centers; (n) to allow class members to participate in community activities, and to allow
82

reasonable access to the developmental centers and reasonable opportunities to communicate with class members at the developmental centers, to People First of Tennessee, other advocates, and members of religious and community organizations;
(o) to make available a friend-advocate to each plaintiff and member of the plaintiff class to assist each in securing the substantive and procedural protections aforesaid;
(p) to submit to plaintiffs and to the Court for its approval a plan for implementation of the aforesaid;
306. Award plaintiffs their costs and attorneys' fees; 307. Grant such other relief as is appropriate.
83

Submitted for entry,

Edward G. Connette Lesesne & Connette 1001 Elizabeth Avenue Suite ID Charlotte, NC 28204 (704) 372-5700
Earle Schwarz WARING COX • 1300 Morgan Keegan Tower 50 N. Front St. Memphis, TN 38103-1190 (901) 543-8000

Jaqkjw. Derryberry, ft. #3870j Ward, Derryberry & Thompson 1720 Parkway Towers 404 James Robertson Parkway Nashville, TN 37219 (615) 244-0554
Judith A. Gran Jessica R. Lowenthal PUBLIC INTEREST LAW CENTER
OF PHILADELPHIA 125 South 9th Street, Suite 700 Philadelphia, PA 19107 (215) 627-7100
Attorneys for Plaintiffs

84

 
 People First of Tenn. v. Clover Bottom Devel. Ctr.

MR-TN-002-003
IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF TENNESSEE jN
NASHVILLE DIVISION

PEOPLE FIRST OF TENNESSEE et al.
Plaintiffs
v.
THE CLOVER BOTTOM DEVELOPMENTAL CENTER, et al.
Defendants

No. 3:95-1227 Judge Echols

'S OFFICE
51996

UNITED STATES OF AMERICA,
" Plaintiff,
v.
STATE OF TENNESSEE, Donald Sundquist, Governor of the State of Tennessee; John Ferguson, Commissioner, Tennessee Department of Finance and Administration; Marjorie Nell Cardwell, Commissioner, Tennessee Department of Mental Health and Mental Retardation; Dr. A. Jane Walters, Commissioner, Tennessee Department of Education; Stanley Lipford, Superintendent, Nat T. Winston Developmental Center, O. Stephen Roth, Superintendent, Clover Bottom Developmental Center, Robert Erb, Superintendent, Greene Valley Developmental Center,
Defendants.

Civil Action
3-96 • 1056
Civil Rights
JUDGE ECHOLS

SETTLEMENT AGREEMENT BETWEEN PEOPLE FIRST, THE UNITED STATES, ANDTHE STATE OF TENNESSEE

SETTLEMENT AGREEMENT

I. II. III. IV.
V.
VI.

SETTLEMENT AGREEMENT INDEX

Scope of Settlement

1

Preamble and Guiding Principles

2

State Planning. Implementation and Oversight . . . . 6

Evaluations and Assessment

9

A. Person-Centered Evaluations of Individual

Citizens

9

B. Assessment of Existing Services and Supports . 10

Development of Plans, Services and Supports . . . . 10

A. Development of Individual Support and Transition

Plans

10

B. Development and Enhancement of Community Programs

and Resources

17

C. Community Development Plan

23

D. Development and Implementation of Quality

Assurance Components

27

E. Employee, Vendor and Community Education . . . 29

Institutional Care and Services

3 0

A. Staffing and Staff Training

30

B. Health Care

32

C. Physical, Occupational and Nutritional Management

and Services

39

D. Active Treatment

42

E. Restraints and Restrictive Behavioral Management

Practices

43

F. Provision of Care to Citizens with Hearing, Vision

or Communication Needs

45

G. Physical Environment

46

H. Resident Property

46

VII.

Protection From Harm

46

VIII.

Education for School Age Citizens

51

IX.

First Amendment Rights

52

X.

Monitoring and Enforcement

53

A. Quality Review Panel

53

B. Reporting and Enforcement

60

Schedule of Implementation - Appendix

69

SETTLEMENT AGREEMENT
I. Scope of Settlement A. This Settlement Agreement is entered into by People
First of Tennessee, the United States of America ("Plaintiffs"), and the State of Tennessee ("State Defendants"). The Plaintiff, People First of Tennessee, asserts a class consisting of all persons who presently reside or will reside at Clover Bottom Developmental Center (including the Harold Jordan Center), Greene Valley Developmental Center or Nat T. Winston Developmental Center, and all persons who have resided there at any time since December 22, 1992. The parties agree to the certification of this class. This Settlement Agreement sets forth provisions for restructuring and enhancing Tennessee's state-wide system for the delivery of services to citizens who reside or have resided as of December 1992, or who will reside in the State's three regional developmental centers: Clover Bottom Developmental Center (including the Harold Jordan Center), Nashville; Greene Valley Developmental Center, Greenville; and Nat T. Winston Developmental Center, Bolivar, Tennessee (hereinafter "citizens"). The State Defendants hereby agree to take the following actions to guarantee protection of the federal statutory and constitutional rights of these citizens.
B. This Agreement draws upon the initial settlement agreement proposed by People First of Tennessee and the remedial plans developed and activities undertaken by State Defendants, including the Tennessee Quality Initiative ("TQI"), and

represents a consensus of the parties as to the most appropriate means of providing services to Tennessee citizens with developmental disabilities.
C. This Agreement, voluntarily entered into by the parties, shall be enforceable as an order of the Court by the parties and any member of the class approved by the Court. This Agreement is legally binding on and judicially enforceable by the parties as provided herein and it shall be applicable to and binding upon all of the parties, their officers, agents, employees, assigns and successors. This Agreement may not be used as evidence of liability in any other civil proceeding and is enforceable only by the parties. II• Preamble and Guiding Principles
The parties enter into this Settlement Agreement recognizing that their overriding common interest is in assuring that Tennessee's citizens with developmental disabilities are provided reasonable opportunities to grow and develop, exercise independence, and lead full and productive lives in a safe environment. This Agreement requires the restructuring and enhancement of Tennessee's state-wide delivery of services to these citizens in a way that recognizes the individuality of each citizen and understands the critical role of family members, guardians, and others who provide support and care. The following guiding principles are intended only to be used to aid in the interpretation of the operative provisions of the Agreement, and are not intended to function as independently
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enforceable standards for meeting the terms of this Agreement. Toward these ends, the parties acknowledge the following guiding principles.
A. Each citizen must be provided services in the least separate, most integrated setting appropriate to meet his or her individual needs.
B. All decisions regarding services for citizens must be person-centered, driven by the individual citizens, family members, guardians, advocates, and other interested persons, and made on an individualized basis by appropriate interdisciplinary teams of competent and qualified professionals with input from those persons.
C. Tennessee's programs and services must be designed to provide all citizens the reasonable opportunity to grow, develop, exercise independence, and to live full and productive lives.
D. Tennessee recognizes the need to provide services to each citizen in his or her home communities and to provide a broad array of living environments and services, including homes adapted to individual needs, health care and therapy, work at regular, meaningful, and compensated employment, opportunities to develop relationships with family, friends, neighbors, co-workers, helpers and support staff and community organizations, and participation in community activities.
E. All citizens must direct their own lives and be enabled to make meaningful choices about matters that are important to the person. Decisions about services and supports for each
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citizen shall be made by the citizen with the support of parents, guardians, friends and advocates.
F. All programs developed pursuant to this Agreement shall be fully adequate to meet the needs of citizens served by them. No citizen shall be placed in a program which does not fully meet his or her needs and fully protect his or her health and well-being.
G. All citizens must be provided with adequate and appropriate health care services and such specialized health care services as may be needed to ensure their health and well-being.
H. All citizens must be protected from harm and unreasonable risks of harm and be protected from unnecessary physical and chemical restraint.
I. Each child covered by this Agreement must be provided a free, appropriate public school education in the least restrictive, most integrated setting appropriate to his or her needs in accordance with the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400-1485. From the date of filing this Agreement, no child shall be removed from the regular educational environment as long as the child's education can satisfactorily be achieved in a regular class with supplementary aids, services and support.
J. All citizens, their families, guardians, care-givers and support personnel must be educated about their rights and responsibilities, and how to exercise them. All citizens shall be allowed to exercise their constitutional
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rights. In addition, all of these individuals must be provided current information about all available resources and programs, and how to access them.
K. The quality of supports and services, consumer satisfaction, and the prevention of abuse and neglect is best assured by educated and involved citizens, family members, and other individuals who provide supports and services for the citizens.
L. State Defendants agree that a system of accountability, quality assurance and monitoring necessary to implement this Agreement, including quality control systems with internal monitoring; case management, investigations and data collection, are essential to maintaining quality and obtaining favorable outcomes.
M. Implementation of this Agreement will be most successful if there is good communication and collaboration among citizens, families, advocates, guardians, private service providers and government.
N. Resources and expertise now lacking at Tennessee's institutions need to be developed on an expedited basis to ensure that the rights of citizens are protected.
0. Each citizen will have a reasonable opportunity to choose from appropriate service providers, his or her living environments, his or her roommates, and his or her qualified support staff.
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P. In the event a community placement is inappropriate for a citizen, the State will provide an appropriate alternative placement and service system to meet the citizen's needs. Ill. State Planning, Implementation and Oversight
A. The Tennessee Department of Mental Health and Mental Retardation (DMHMR) will continue to implement the statewide initiative embodied in the TQI. The Director of the TQI shall be a state employee. Within the structure of TQI, one individual will be assigned to coordinate statewide activity in each of the following content areas: Monitoring and Evaluation; Protection from Harm; Medical Care; Physical and Nutritional Management; Behavior Intervention; Habilitation; Physical Environment; Community Placement; Investigations of Alleged Abuse, Serious Accidents and Injuries, and Other Alleged Staff Misconduct; and Educational Services for School Age Children.
B. There will be a TQI Coordinator at each developmental center and at each regional Office of Community Services. The State Defendants shall assure that the central office of DMHMR and its regional Offices of Community Services (OCS) are sufficiently staffed to meet the requirements of this Agreement. To that end, within 30 days of filing this Agreement with the Court, the State Defendants shall conduct a needs assessment and develop a plan for the assignment and/or acquisition of staff for the central and regional offices to meet the requirements of this Agreement.
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C. The TQI Director will be responsible for coordinating and monitoring compliance with all provisions of this Agreement and will identify variance within the system for timely correction.
D. State Defendants shall identify staff at the central and regional offices who will have responsibility for providing information about implementation of this Agreement and for responding to questions and communications from citizens, families and guardians. State Defendants shall publicize the names, office telephone numbers and responsibilities of these persons to all citizens, their families and guardians, and to all appropriate public agencies and private organizations and their personnel. State Defendants shall coordinate their information and public relations activities at the central and regional level with the DMHMR Office of Public Information and Education (OPIE).
E. State Defendants shall employ within one year of the signing of this Agreement, a well qualified and experienced developmental medicine physician to 1) exercise clinical supervision of the developmental center physicians, 2) participate in the selection, evaluation, and retention of medical specialists and other physicians, 3) provide ongoing in-service and individual consultation to the developmental center physicians and community physicians, and 4) participate in the transition planning for all citizens returning to the community from the developmental centers. This individual will
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be different from the person identified in paragraph IIIA above who is responsible for Health Care under TQI.
F. State Defendants agree to make all reasonable efforts to pursue all sources of available federal and state funding to support the execution of their responsibilities under this Agreement. In selecting among alternatives that meet 1) the requirements of this Agreement, 2) the requirements of federal statutes, and 3) the professional judgment standard for constitutionally appropriate levels of care, it is agreed that it is appropriate for the State Defendants to consider the availability of resources, the cost-effectiveness of various programmatic and service options, e.g. the State's Home and Community-Based Waiver under Medicaid, and the overall burden on the State's budget.
G. The DMHMR will work with colleges, universities and University Affiliated Programs (UAPs) in the State of Tennessee to facilitate the -establishment of courses of instruction and curricula designed to develop a pool of paraprofessionals and professionals with skills needed to provide effective services to citizens.
H. State Defendants shall collect data, and maintain records and recordkeeping systems adequate and appropriate to effectuate the terms of this Agreement. In this regard, State Defendants shall design and implement a statewide system for tracking outcomes for citizens in the service system, as well as other statewide data collection systems provided for herein.
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IV. Evaluations and Assessment A. Person-Centered Evaluations of Individual Citizens 1. Each individual citizen must receive a
comprehensive person-centered evaluation of all of his or her individual medical, behavioral, habilitation and treatment needs, by competent professionals who are members of the IDT. Each citizen who is not recommended for community placement by the IDT. must also receive an evaluation for community placement conducted by professionals independent of the Department of Mental Health and Mental Retardation who are agreed upon by the parties. Collectively, these evaluations will form the basis for each citizen's Individualized plans, including Individual Support and Transition Plans (described herein at Section V.A.) and the health care and behavioral support plans that supplement the Individual Support and Transition Plans.
2. These person-centered assessments must be comprehensive and must analyze what is important to the citizen, his or her vision of the future, and his or her medical, behavioral, vocational, social and spiritual needs. They must draw upon communications with the individual being evaluated and family members or guardians, discussions with friends, support staff, and professionals familiar with the individual, the known medical, behavioral and social histories of the individual, and, when appropriate, evaluations from expert consultants. All assessments made pursuant to this section shall be based upon the individual needs and choices of the citizen and not on present
- 9-

availability of services. Any member of the IDT may make additional recommendations for necessary services for the citizen and such additional recommendation(s) shall be submitted to the Quality Review Panel (as defined in Section X.A. below). The IDT may state its reasons for declining the recommendation(s). In such instances, the Administrator of the institution shall be informed of any necessary treatment decisions.
B. Assessment of Existing Services and Supports 1. State Defendants must make a comprehensive
assessment of the services and supports needed by all citizens and a companion analysis of resources presently available in the community to meet these needs. This analysis shall form the basis of the Community Development Plan (as discussed in V.C.) for expanding or developing the full range of needed services. V. Development of Plans. Services and Supports
A. Development of Individual Support and Transition Plans 1. Each citizen will have a person-centered Individual
Support Plan (ISP) and, if appropriate, an Individual Transition Plan (ITP) (collectively referred to as Individual Support and Transition Plans (ISTPs)). An Individual Support Plan is the document that reflects the person's vision of a desired life. Each ISP shall be based on an individual assessment and include a description of the person's current life, functioning, a statement of the outcomes necessary to achieve the person's desired life, and a description of the actions, supports and services required and the persons and providers responsible for
- 10 -

achieving the desired outcomes. These plans will be developed byteams consisting of the individual citizen, family members, guardians, knowledgeable support staff, advocates and appropriate professionals, including professionals with expertise in developing and implementing such plans, as well as any person requested by the citizen. The State Defendants shall make reasonable accommodation(s) to include all such persons and must actively seek the input of these persons. The ISP will focus on the individual's needs, reflecting the value of supporting the person with relationships, productive work, participation in community life, personal decision-making, and training to become as self-sufficient as possible. When significant changes occur in a citizen's life situation, corresponding changes shall be made in the citizen's supports and services and shall be reflected in the ISTP.
2. The planning process will result in a written plan containing a detailed description of the identity, location, frequency and duration of the services and supports needed by the individual. Each citizen will choose his or her community service providers from available and qualified community service providers. The process will be coordinated by an Independent Support Coordinator (case manager).
3. Each citizen and his or her parent(s) or legal guardian(s) shall participate in the development of the Individual Support and Transition Plans ("ISTPs") as members of the IDT. As members of the interdisciplinary team, and as
- 11 -

important participants, the input of citizens and parents or guardians shall be encouraged and respected by the other members of the team.
4. Each citizen and his or her parent(s) or legal guardian(s) shall be informed of the recommendations of the independent evaluation and the IDT, including all feasible alternatives to the provision of services in a developmental center. Each citizen and his or her parent(s) or legal guardian(s) shall be informed of their freedom of choice regarding participation in the Medicaid home and community-based waiver. The State Defendants shall ensure that this freedom of choice is offered and honored as required by federal Medicaid regulations. The State Defendants shall ensure that the citizens are provided services that meet the citizens' individual needs as set out in the ISTP.
5. State Defendants will ensure that citizens are placed in an appropriate and safe manner and that placements in the community are adequate to meet the needs of the individuals as presented in their ISTP. The nature of an individual's disability will not be a factor in the eligibility of that individual for community placement consideration. No citizen will be placed in a nursing home or board and care home unless approved by the Quality Review Panel and agreed to by the parties.
6. Each ISTP shall specify in detail the services and supports needed, including at home, in day activities or work and
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the specialized medical services, to serve the individual citizen in the community. All services and supports shall be integrated into the community to the maximum extent possible to implement effectively the ISTP. Transition services, such as home visits and overnights, as well as any other steps that need to be taken to ensure an orderly and smooth transition for the citizen, must also be included in the ISTP. All staff involved in the transition process must be familiar with the individual who is moving.
7. Pre-service training for community staff must include: (a) First aid, CPR and the Heimlich maneuver; (b) general fire safety and evacuation; (c) incident reporting; (d) training specific to the needs of the individual. Within sixty (60) days of the date of employment, a community staff member's training must include: (a) individual rights and the Americans with Disabilities Act; (b) values and principles of TQI and this Agreement; (c) program planning and implementation; (d) principles of behavioral support; and (e) prevention and reporting of abuse and neglect. No citizen who is medically or behaviorally at risk shall live in a residence unless at least one staff person is on duty who is trained in first aid, CPR and the Heimlich maneuver.
8. For school age children, the ISTP shall also include a statement of the educational program, including related services and transportation services, to be provided each child. No child shall move to the community without an agreed-upon
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Individual Education Program (IEP). Placement notice consistent with the applicable state policy and procedure manual shall be obtained. The State Defendants must ensure that the placement is capable of providing the educational services required by the Individuals with Disabilities Education Act, 20 U.S.C. §§ 14001485 and the citizen's IEP and must coordinate such placement with the local educational agency. Educational services to citizens must comply with all applicable federal and Tennessee state laws with regard to special educational services to disabled children. All placements of children in residential settings must also comply with all applicable Tennessee state laws with -regard to special educational services to disabled children. All children should live with families.
9. State Defendants shall ensure that the community placement for each and every citizen meets the individual needs of the citizen, as identified in the ISTP. Under no circumstances will the speed or type of a placement be governed by anything other than the interests of the citizen being placed. State Defendants may use existing community program vacancies only where they have determined that the program meets the needs of the citizen as identified in the ISTP. State Defendants shall create or contract for a community program that meets the needs of the citizen as identified in the ISTP.
10. The provision of community services and supports to citizens shall be informed/guided by the scope of services provisions and the funding allocations set out in the State's
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Home and Community-Based Waiver under Medicaid which shall be written to support the execution of the State Defendants' responsibilities under this Agreement. The scope of services provisions and funding allocations under the Waiver shall not apply where the community services and supports required by an individual citizen under this Agreement cannot be met through the Waiver, where compliance with this Agreement can be achieved by pursuing other sources of federal funding, or in the event that substantial modifications in the federal Medicaid program significantly change the terms of the Waiver.
11. For each citizen at the developmental centers, an individualized transition profile will be developed by the IDT. The transition profiles will contain at least the following elements: 1) citizen's name, age, and sex; 2) communication ability/method/primary language; 3) diagnoses; 4) intellectual level and adaptive behavior level; 5) mobility; 6) hearing/vision acuity and dental status; 7) mealtime patterns and nutritional status; 8) type and frequency of supervision; 9) environmental adaptations/security needs; 10) general health condition and chronic and emergency health care needs; 11) preferred number and characteristics of housemates; 11) preferred geographic location; 12) a description of the person's important relationships and the name, location and frequency of contact of family and significant others; 13) anticipated adjustment issues; (14) supports and services needed for the individual's safety; (15) the person's vision for the future; (16) a description of the individual's
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personality, skills and interests; 17) the "non-negotiables" for the person, that is, the things that person must have to be happy and that, if not available, would result in obvious distress; 18) the person's spiritual and religious preferences; 19) the person's support needs; and 20) the person's vocational interests.
12. The ISTP and the Independent Support Coordinator's (ISC) placement certification for each citizen will be filed with the Quality Review Panel. The Quality Review Panel will review each individual placement prior to such placement occurring. The Panel shall complete its review and report to the IDT within twenty (20) days of receiving the ISTP and certification from the IDT unless the Panel requests additional time for a particular placement. The Panel's review will include review of relevant supporting documentation and issues raised by members of the IDT. Such reviews shall determine the adequacy of the placement and ensure that the placement meets the individual needs of each citizen. Where the Panel determines that there are major deficiencies with a placement, the placement shall not occur until all the identified major deficiencies are corrected. Any other deficiencies shall be corrected in a timely manner.
13. Community placements shall provide a safe and humane environment in which individuals are provided daily opportunities to learn, develop and maintain skills. All services, including medical and other health related services including, but not limited to, physical therapy, occupational

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•

therapy, necessary technology, dental, speech, visual, hearing, nutrition, and psychology, must be adequate and appropriate to meet the individual needs of the citizens.
B. Development and Enhancement of Community Programs and Resources 1. State Defendants will provide each citizen
appropriate developmental services in the most integrated setting consistent with his or her needs, and in a manner which promotes independence, enhances dignity and is as consistent as possible with the Guiding Principles of this Agreement.
2. State Defendants shall develop community living arrangements for all citizens residing at the institutions for whom such living arrangements are called for by the individualized evaluations set forth in Section IV. A, above, together with the community services necessary to provide the citizens with adequate medical care and supports and services, as defined by the individual person-centered evaluations and planning process that is consistent with professional judgment, until such time as the citizen no longer is in need of such care and services.
3. State Defendants shall develop a support coordination system sufficient to ensure that the needs of each citizen placed in a community-based program pursuant to this Agreement are consistently reviewed and met. A description of this system shall be provided to the parties within thirty (30) days of the filing of this Agreement with the Court. Each citizen shall have an Independent Support Coordinator.
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Independent Support Coordination will be provided by individuals or organizations who are independent of the provision of direct service. No individual Support Coordinator may provide services to more than 30 persons. If a citizen requests a different Support Coordinator, State Defendants will take all reasonable measures to meet that request.
4. State Defendants shall provide or can contract for adequate and appropriate training to the Individual Support Coordinators and to members of interdisciplinary teams in person-centered planning and individual support coordination, and in methods of eliciting active involvement in the process of persons who use services and their families, and in the functions of Individual Support Coordination.
5. Independent Support Coordinators will be in regular, frequent contact with the people on their caseload in their homes, day activities and work sites. Coordinators will observe participation in programs and therapeutic interventions and will evaluate the degree to which services in the individualized plan are being delivered, and whether quality and outcomes are achieved. In no event will ISCs visit each of their assigned citizens less than once every three weeks.
6. State Defendants shall 1) employ expert consultants in the area of specialized transition for individuals with challenging behaviors and dual diagnoses and for individuals with significant medical needs, and 2) implement the recommendations of these experts in the transition process.
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7. State Defendants shall develop and implement a system to evaluate an individual's physical/medical status prior to, during, and after the transition from the developmental centers. State Defendants shall also develop and implement a comprehensive plan for the provision of health care to citizens living in the community. The plan shall specify a variety of strategies to ensure that all citizens are provided adequate medical and related services.
8. State Defendants shall develop and implement a comprehensive plan for mental health services, including inpatient services, medications practice and behavioral support, as well as" the availability of necessary professional services. This plan shall focus on training and developing expertise in this area among professionals, and expanding a crisis intervention system in each region to include emergency response and temporary augmented staff.
9. State Defendants shall develop an emergency respite service system in each region for children and adults. In their first six-month report to the Court and the parties, State Defendants shall include their plan for developing an emergency respite service system in each region for children and adults. This plan shall include specific action steps to be taken to expand any such capacity already available in each region and how that capacity will be accessed and utilized. Wherever possible, emergency respite supports will be provided in the citizen's own home.
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10. The State Defendants shall inform the citizen and/or his or her parent(s) or guardian(s) about his or her option to request a temporary six-month hold on a development center bed. If requested by a citizen and/or his or her parent(s) or guardian(s), at the time of the initial community placement, the State Defendants will hold a bed in a developmental center for six months thereafter, as close to the citizen's home county as possible, for as long as the State continues to provide services at the developmental centers. If the citizen and/or the parent(s) or guardian(s) believes that the community placement or service is not meeting the citizen's needs during this period, then they may request that the State Defendants timely provide a choice of alternative placements or services. The State Defendants will immediately respond to such a request in accordance with the provisions of Section V.B.ll of this Agreement. If, at the end of this six-month period, the community placement continues to meet the individual needs of the citizen, then the State Defendants will cease holding the developmental center bed. All community placements shall be made in accordance with applicable federal law and regulations. The citizen and/or the parent(s)/guardian(s) shall have all the due process and fair hearing rights provided for therein.
11. A request can be made at any time to change a community placement or service based on assertions of inadequate services or harm to the citizen. In response to such a request,
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the State Defendants shall immediately undertake the following actions as necessary to resolve the problem:
a. ensure that the Independent Support Coordinator has taken all reasonable efforts to solve the problem; b. convene the IDT for review and assessment of the current placement and the Individual's ISTP, including an assessment of the support services and of the performance of community providers; c. initiate and/or review efforts to resolve failings and/or perceived failings in the support •" services with the citizen and/or the parent(s)/guardian(s), the community providers, and the State; d. ensure that all alternatives have been and are actively explored, including utilization of the respite services to be developed in accordance with this Agreement, and have been properly assessed for appropriateness; and e. take whatever steps are necessary to resolve the situation either by addressing the failings in the current community placement (including an assessment of the adequacy of provider participation) or by providing or developing an adequate and appropriate alternative placement.
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In addition to the steps enumerated above, if a request is made that a citizen return to a developmental center, the IDT shall determine whether the citizen's current provider is providing adequate services and if not, whether the inability to provide the requisite support services and to protect the citizen's well-being can be resolved. If the inability cannot be resolved, the State Defendants shall, on a priority basis, ensure that the citizen's ISTP is reassessed and begin to develop an appropriate alternative living environment, including the services provided to the citizen. Within 3 0 days of the signing of this Agreement, the State Defendants shall develop policies and procedures (including grievance procedures) addressing changes in community placements and the return by citizens to the developmental centers. These policies and procedures will be reviewed and approved by the Quality Review Panel. The State Defendants shall track complaints regarding adequacy of services by particular providers, shall analyze this data for trends, and shall make this data available to the IDT and the Independent Support Coordinator, and the Quality Review Panel.
12. The State Defendants shall ensure that, for each citizen for whom the IDT has requested an advocate, an advocate is appointed through a process developed by the State Defendants after consultation with the parties, and that, for each citizen who needs a legal guardian, a legal guardian is appointed.
13. State Defendants shall allow and, to the extent possible, facilitate citizens to participate in community
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activities and communicate and meet with other citizens and citizen organizations, advocates, and members of religious and community organizations.
C. Community Development Plan 1. The State will develop a comprehensive
implementation plan to develop the community services and supports consonant with this Agreement (the "Community Development Plan"). The development of this plan shall include a participatory planning process that will encompass representatives of all "stakeholders" in the service system. Stakeholders are those who receive, provide, administer and monitor services and supports, including representatives of the parties to this Agreement, individuals in leadership positions within the State of Tennessee, citizens, family members and guardians, service provider and vendor executives and support staff. The Community Development Plan shall address at least the following areas:
a. Infrastructure (system design, agency roles, governance, resource development)
b. Support Coordination c. Financing and fiscal management d. Service provider and vendor development e. Housing f. Emergency and crisis intervention g. Access to medical care and therapy services h. Mental health/behavioral support
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i. Education for school age children j. Specialized Services k. Employment 1. Transportation m. Citizen monies and personal property n. Recreation and leisure o. Family support p. Quality assurance, data collection, abuse and
neglect prevention, investigations and monitoring q. Advocacy and grievance process -" r. Community involvement and public education 2. The process for developing the State Defendants' quality assurance portion of the Community Development Plan and the quality assurance plan for the developmental centers shall address the following areas: a. High-quality Individual Support Planning and regular review of ISPs. b. Regular monitoring of service delivery and followup by support coordinators. c. Strengthening and empowering citizens with disabilities and their families through effective advocacy and consumer education. d. An easy-to-access process for dispute mediation. e. Standards that express clear expectations for performance.
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f. Increasing competence through training and technical assistance that is timely, practical and truly reflective of emerging knowledge.
g. An administrative structure that enables and promotes the development of quality.
h. Automated management information systems that make timely, accurate and dependable information available to management and field operations.
i. Performance contracting and enforcement of standards through contract compliance.
j. The development of effective mechanisms to detect, investigate and prosecute abuse and neglect.
3. Representatives of these stakeholders shall participate in the establishment of specific and measureable goals in each area that are consistent with the provisions and principles of this Agreement. In each subject area, the implementation plan shall set forth specific objectives, assignments, implementation strategies and target dates. The Plan shall also identify the obstacles to the accomplishment of each goal and the methods and means, including resources, necessary for overcoming those obstacles. "Resources" include funding, personnel, and training and technical support.
4. To assist the participants in planning for support needed by citizens, State Defendants shall invite, encourage and otherwise facilitate participation in the planning process at the local level of individuals and groups from the citizens' home communities with knowledge and expertise in housing,
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transportation, health care and other needs of citizens (e.g.. members of local planning commissions, housing authorities, regional transportation authorities, chambers of commerce, boards of realtors, educators, and health care providers).
5. The State Defendants will establish a Communications System for all stakeholders of this Agreement within 90 days of the signing of this Agreement. The System will include at a minimum the following elements:
a. An "800" phone number for information on all provisions of the Agreement.
b. A monthly newsletter to parents, staff and other interested groups as identified, highlighting progress and updated names and phone numbers for coordinators of each section of this Agreement.
c. A published summary of each Quarterly Status Conference.
d. Presentations by the Advisory groups TMAR, AAMR, and Trade Organizations.
e. A summary annual report detailing areas of progress and areas of difficulty.
The Draft Communications System will be distributed to the parties for comments. All comments will be given good faith consideration.
6. State Defendants shall implement the Community Development Plan once it is developed.
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D. Development and Implementation of Quality Assurance Components
.1. State Defendants shall survey all community-based programs and facilities operated or supported by state funds in which former residents of the centers are placed pursuant to this Agreement at least annually to determine compliance with requirements of this Agreement and their ISTPs. System reviews of the quality of services and supports available to these former center residents also must occur on an annual basis in accordance with the provisions of Section X.A. State Defendants shall ensure that all deficiencies found in community placements are remedied promptly. The requirements of this Agreement shall be reflected in any future contracts or agreements or any renewal or amendment of a contract agreement with service providers and vendors. State Defendants shall address continuing deficiencies in community placements by ensuring compliance by the service providers and vendors with this Agreement.
2. The Director of TQI shall develop and disseminate annually to citizens, their families and guardians a "consumer satisfaction" survey. The first such survey shall be sent out within three months of the filing of this Agreement with the Court. The Director of TQI shall be responsible for collecting and collating the responses to those surveys, and the State Defendants shall take action to resolve concerns expressed in the surveys.
3. All developmental centers, community-based programs and facilities covered by this Agreement shall meet state and
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local licensure requirements, DMHMR regulations and other
applicable codes. State Defendants shall also ensure that all
such community-based programs meet the requirements of State
Defendants' waiver plan and State Defendants' most current
Quality Assurance Guidelines for Community Mental Retardation
Services, consistent with this Agreement.
4. This Agreement contemplates that the quality of
support and services provided in the developmental centers and in
the community will be assured by a variety of formal and informal
means, including:
a. State Defendants' existing policies and procedures;
b. the development and implementation by DMHMR of revised quality assurance policies and guidelines pursuant to TQI and this Agreement/
c. further education of citizens, their families, support staff and the public regarding their rights and responsibilities;
d. the establishment of and oversight by the TQI Director;
e. the establishment of and oversight by the Independent Support Coordinators;
f. the involvement and oversight by advocates;
g. the establishment of and oversight by the Quality Review Panel; and
h. the establishment of and oversight by a statewide network of trained investigators reporting to the Investigations Coordinator in the Office of Investigations.
5. For the first two (2) years following this
Agreement, State Defendants shall conduct a thorough mortality
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review of deaths of any citizen in the community. Thereafter, State Defendants shall conduct thorough mortality reviews of suspicious or unexpected deaths. On a quarterly basis, the Director of TQI shall compile morbidity and mortality data.
E. Employee, Vendor and Community Education 1. Within 120 days of approval of this Agreement,
State Defendants shall develop and submit to the parties and the court a training plan to develop the skills and competencies required for implementation of this Agreement. If any party objects to the plan, the parties shall meet and confer to resolve any objections.
2 . All training required by this Agreement shall be conducted by individuals with demonstrated expertise in the particular field, documented as to time, duration, attendance and results, and all training, unless for good cause, shall be competency-based. State Defendants shall document each training session and identify persons trained. All new employees shall be provided appropriate training in a timely manner.
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VI. Institutional Care and Services A. Staffing and Staff Training 1. State Defendants shall ensure that a sufficient
number of qualified nurses, physicians, psychiatrists, psychologists, registered physical therapists, and other staff are employed at each developmental center to provide adequate and appropriate care and services to the citizens and to fulfill the requirements of this Agreement.
2. State Defendants shall employ a sufficient number of registered and licensed practical nurses to provide adequate nursing services to citizens. The use of temporary staff and staff overtime shall be kept to an absolute minimum. Within three months of the signing of this Agreement, State Defendants shall fill all nursing vacancies. Thereafter, the State Defendants shall use their best efforts to see that vacancies are filled within one month of their occurrence. State Defendants shall ensure that all staff are appropriately trained. This training will include training all clinical and direct care staff to recognize signs of mental illness and training all medical staff and direct care staff in emergency procedures. Nurses will monitor regularly citizens' health status, including changes in activity levels, weight gain or loss, skin tone and color, muscle tone, gait, movement, sleep and unusual incidents. They will coordinate the identification and communication of health concerns, and will teach and train citizens to participate in their own health care and in health care decision-making.
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3. State Defendants will employ a Chief Behavior Analyst at each institution with the following qualifications: a) a Ph.D. in psychology specializing in applied behavioral psychology, and b) experience assessing the behavior treatment needs, including functional analysis, of developmentally disabled persons with severe maladaptive behavior, developing, implementing and evaluating individual Behavior Treatment Programs (BTPs) for such individuals, and supervising other behavior analysts in these professional practices.
4. State Defendants shall employ the services of Masters level behavior analysts sufficient to provide adequate behavioral"services to all citizens. Behavior analysts shall ensure that citizens have behavior plans and adequately trained staff; that behavior programs are implemented and documented; and that outcomes of behavior programs are evaluated and revised by the team when necessary.
5. Absent agreement of the parties, State Defendants shall employ qualified primary care physicians sufficient to at least meet a physician to citizen ratio of 1 to 100 at each regional center. State Defendants shall employ a qualified medical director for each center, who will not be counted in this ratio.
6. State Defendants shall employ or retain the services of qualified medical specialists to provide adequate and appropriate care and services to all citizens who need such care and services.
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7. State Defendants shall employ or retain the services of qualified Physical Therapists (PTs), Occupational Therapists (OTs) and Certified Physical Therapy Assistants (CPTAs)/Certified Occupational Therapist Assistants (COTAs) to provide adequate and appropriate care and services and hands-on interventions to all citizens who need such care and services.
8. State Defendants shall train all medical staff in medical emergency procedures. State Defendants shall also train Development Technician Trainers (DTTs) and Developmental Technicians (DTs) who regularly provide direct care services in basic emergency procedures, i.e., First aid, CPR and the Heimlich maneuver. The State Defendants shall evaluate, through the use of drills, the competence of all participating staff to perform emergency medical procedures, document such evaluations and provide such additional training as the evaluations indicate is necessary to ensure staff competence in emergency procedures. Further, the State Defendants shall make medication and equipment commonly used in emergencies readily available to qualified staff in each residential unit.
B. Health Care 1. State Defendants shall provide to citizens adequate
health care, including adequate and appropriate medical, nursing, dental and mental health care, and physical and nutritional management services, and medical specialty services.
a. State Defendants shall conduct thorough mortality reviews of every citizen death. Absent agreement of
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the parties, the mortality reviews shall be completed within forty-five (45) days of the death, and shall include specific improvement plans as indicated. Each Center's medical director shall be responsible for implementing improvement plans and ensuring that the needed data collection systems are in place.
b. State Defendants shall hire and utilize a consultant to conduct external peer reviews of medical and nursing services at least annually. The results will be used to evaluate State Defendants' medical and nursing practices and training needs.
c. The medical and nursing directors at each center shall develop and implement a bi-monthly internal peer review process. Results of the review will be provided to the center superintendent and the TQI director.
d. State Defendants shall coordinate an interfacility peer review process undertaken by professional staff of the centers touring the other centers. One inter-facility peer review per quarter will be conducted. Each center will send designated physicians and nurses to another center to conduct a peer review of that center. The schedule of such reviews shall be varied so that representatives from each center review all others. Summation conferences will follow each of these internal peer reviews and the results will be submitted to the center administrators and the TQI Director. The results will be used to improve health outcomes of citizens and to evaluate the training needs of medical personnel.
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e. State Defendants shall ensure that primary care physicians are responsible for and oversee the provision of adequate and appropriate health care for the citizens for whom they are responsible. Toward this end, primary care physicians shall, in a timely manner: 1) evaluate each citizen for whom they are responsible; 2) determine what specialized medical services these citizens need and ensure that citizens receive such services; and 3) take appropriate action to respond to recommendations of outside medical specialists and laboratory findings, documenting what action has been taken and the reasons therefor. Physicians also-will assure that citizens have coordinated but minimally intrusive health care; that they have routine side effects screening; that citizens' health changes are brought to the attention of the physician in a timely manner; that citizens have routine blood studies; and that they have regular access to medical care and routine examinations.
f. For each citizen, medical staff shall: (1) Develop a comprehensive problem list and
an annual medical plan that identifies the citizen's health goals and the expected outcomes for care and treatment; and will participate actively in the interdisciplinary team process to prevent health risks to citizens, including, but not limited to, the prevention of injury and abuse.
(2) Provide adequate and appropriate medical management for citizens with feeding disorders, and work cooperatively with the Clinical Nutritional Management Teams,
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appropriate medical and dysphagia specialists and the interdisciplinary team to define and move toward expected eating outcomes, ensure that citizens are fed safely and properly obtain needed medical and/or surgical interventions, and receive adequate nutrition and hydration.
(3) Provide adequate and appropriate medical management, including timely and appropriate interventions or referrals for citizens with acute orthopedic trauma or chronic orthopedic disorders, and work cooperatively with physical and occupational therapists and the interdisciplinary team to prevent citizens from suffering unnecessary pain, disfigurement, or loss of mobility and function, with the understanding that the goal of citizens' physical therapy programs shall be to enhance the capacity of the individual to function, i.e., to enhance the ability of the person to move, sit upright and participate in activities, and to prevent loss of function and range of motion.
(4) Provide adequate and appropriate medical management for citizens with seizure disorders, and work cooperatively with neurology consultants and the interdisciplinary team to ensure the citizens receive treatment that is therapeutic, safe, and effective.
(5) Provide adequate and appropriate medical management for citizens who have behavior disorders or who are receiving psychotropic medications; and work cooperatively with the interdisciplinary team and with staff and consulting psychologists, behavioral analysts, psychiatrists, and mental
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health counselors to ensure citizens receive appropriate and effective treatment services.
(6) Provide adequate and appropriate emergency medical care.
(7) Participate in transition planning and implementation of the transition plan for citizens for whom they are the attending physician, including assessing the medical strengths and weaknesses of the citizen being considered for transition, analyzing the medical resources that the citizen may require in the community, and assisting in the determination of the appropriateness of the community setting chosen for the citizen.
(8) Ensure that all mechanical restraints are safe, medically appropriate for the individuals on whom they are used, reviewed by the team on a regular basis and used consistent with professional judgment.
g. State Defendants will ensure that medical specialists provide adequate and appropriate medical care, and that their recommendations are given prompt and express consideration.
h. Citizens receiving two or more anticonvulsant medications, or citizens who have had five or more seizures in the preceding 12-month period will be examined by a consulting neurologist at least annually. Primary care physicians will refer citizens for neurology consults more often when appropriate.
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i. State Defendants shall ensure that citizens with seizures are prescribed the fewest number of different medications appropriate for effective seizure management. Citizens who have been seizure free for two years or more will be assessed, in consultation with the interdisciplinary team and a neurologist, as to the appropriateness of medication withdrawal. The decision as to the appropriateness of medication withdrawal, as well as any withdrawal plan and results, will be documented in the citizen's medical record.
j. State Defendants shall not administer medications by the intramuscular (IM) route for citizens in status epilepticus. Citizens in status epilepticus shall be immediately transported by ambulance to emergency care at an acute care hospital. Anticonvulsant medications will be administered to citizens in status epilepticus via intravenous (IV) or rectal routes only. Citizens who are potentially at risk for status epilepticus or to periodic prolonged series of seizures will be identified, and a plan developed by the primary care physician and neurologist which sets out planned or recommended treatment for that individual if status or a series of seizures occur.
k. State Defendants shall track seizures by accurately recording each seizure.
1. State Defendants shall develcp, negotiate, and implement agreements with hospitals that routinely serve citizens
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to require the timely transfer of adequate and accurate records to and from acute care hospitals.
m. State Defendants shall ensure that center physicians appropriately prescribe medications and monitor blood levels and drug side effects.
n. State Defendants shall provide citizens with appropriate and adequate dental care. Citizens will have access to preventative and restorative treatment. Staff will be trained to support citizens' dental needs.
2. Mental health care - State Defendants shall provide adequate and appropriate mental health care to citizens who need such care, including psychiatric and behavioral services. State Defendants shall ensure that the use of psychotropic drugs is appropriate and linked to a mental health diagnosis, and that medications of any kind shall not be administered as punishment, in lieu of a training program, or for the convenience of staff.
a. State Defendants shall document that, prior to using the psychotropic medication, other, less restrictive techniques have been systematically tried as part of a training program and have been demonstrated to be ineffective. Such documentation in the citizen's record must include reliable behavioral data and analysis of outcomes for the citizen.
b. Prescription medication may only be administered upon order of a physician and psychotropic medication only upon order of a physician after consultation with
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a psychiatrist, except in case of an emergency use of psychotropic medication, which must be reviewed by the psychiatrist within 24 hours of the order being written. The psychiatric consult shall be obtained to determine whether the use of any medication is supported by a diagnosis of mental illness (or other medical reason), that the diagnosis is justified by the citizen's history as set forth in his/her written record and current symptoms and that the dosage is appropriate. In making this determination, the consulting psychiatrist shall make a complete assessment of the citizen, including observation of the citizen, examination of the citizen's medical and behavioral record, and consultation with the citizen's primary care physician, psychologist, behavior analyst, and other IDT members, including direct care staff.
c. State Defendants shall institute and implement policies which require the recordation in each citizen's record and the separate report to appropriate professional staff of any medication error or adverse drug reaction. This information shall be used for trend analysis, and identification of corrective measures for error rates exceeding professional standards.
C. Physical, Occupational and Nutritional Management and Services 1. State Defendants shall ensure that all citizens who
are nutritionally at risk are fed and otherwise cared for safely, adequately, timely, and appropriately. State Defendants will not allow dangerous feeding practices and any feeding practice that
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poses an undue risk to harm to any citizen. State Defendants will not allow citizens to be fed in any unsafe position or faster than they can safely chew and swallow food.
2. State Defendants will establish one Clinical Nutritional Management Team at each developmental center for every 25 citizens requiring nutritional management.
3. State Defendants shall develop, in accordance with the treatment strategy, and implement a nutritional management plan for each citizen including: positioning the citizen (before, during, and after mealtimes) and specific instructions to the person feeding and/or supervising the citizen, and information to food service staff regarding consistency of diet or other dietary related information.
4. State Defendants shall train the staff who will feed the citizen to competency on each specific feeding technique, procedure, and/or instruction contained in the individual nutritional management plan, including positioning. No staff person shall be allowed to feed a citizen with documented dysphagia or related problems until the staff person has demonstrated competency in the particular feeding techniques, procedures, and/or instruction for the citizen contained in the citizen's individual nutritional management plan.
5. State Defendants shall monitor the staff during mealtimes to ensure that the nutritional management plan is implemented as designed.
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6. State Defendants shall, at least quarterly, have the Nutritional Management team review each citizen's nutritional management plan and the implementation of the plan, assess the effectiveness of the plan, report on progress to the Inter-Disciplinary Team, and make revisions to the plan, as needed, to improve effectiveness and ensure that the citizen is fed safely and properly.
7. State Defendants shall develop and provide, and fabricate if necessary, professionally designed therapeutic support devices and services, including adaptive equipment, positioning, and other assistance necessary to protect each citizen from harm and regression. Devices whose continued use will have the effect of increasing deformity shall not be used, unless expressly permitted by the IDT.
8. State Defendants shall provide adequate and appropriate physical management and occupational therapy services to all citizens who need such services, including proper positioning, adequate equipment, including wheelchairs, and adequate physical therapy interventions. The goal of each citizen's physical therapy program shall be to enhance the capacity of the individual to function, i.e., to enhance the ability of the person to move, sit upright and participate in activities, and to prevent loss of function and range of motion.
9. State Defendants shall ensure that PT, education and direct care staff are trained to enable them to properly position citizens in their wheelchairs or other adaptive
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equipment. State Defendants shall initiate regular, professionally designed and taught in-service training for direct care workers and other staff, including orientation training for managers and administrators in positioning, transferring, and implementing physical therapy programs for physically handicapped citizens.
10. State Defendants shall ensure that staff actually monitor and correctly position citizens throughout the day and implement a quality assurance program to monitor that citizens are correctly positioned according to their individual plans throughout the day.
D. Active Treatment 1. State Defendants shall develop and deliver a
professionally designed, consistently and aggressively implemented program of training, treatment, and other services for each citizen to enable him or her to function with the greatest self-determination and independence possible.
2. State Defendants shall provide adequate Applied Behavior Analysis (ABA) services for all developmental center citizens. State Defendants shall develop and implement for each citizen an individualized support plan that is designed by a competent and appropriately constituted IDT, that is based on functional assessment and consistent with the person's vision of his or her future, that develops or maintains his or her functional skills, including skills in the areas of communication, self-help, safety and daily living and that
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reduces or eliminates unreasonable risks to personal safety or unreasonable use of bodily restraints.
3. State Defendants shall implement procedures to assess and evaluate each citizen's progress on behavior and training programs, including the collection of reliable data on the target behaviors and necessary staff training.
4. State Defendants shall develop and implement procedures to review the progress of each citizen at least quarterly in order to ascertain the adequacy and effectiveness of the training programs. Review of citizens' progress under a training program that includes a reduction component to reduce aggressive or dangerous behaviors must occur at least monthly, or more frequently in the case of severe self-injury or aggression, in order to ascertain the adequacy and effectiveness of the behavior programs. Programs found upon review to require modification must be modified.
E. Restraints and Restrictive Behavioral Management Practices. 1. State Defendants shall provide a safe environment
for each citizen, and shall ensure that unnecessary or inappropriate restraints are not used on citizens.
2. State Defendants shall ensure that every behavior program that utilizes restraint or time out must specify: i) the behavior(s) that initiates the use of the restraint or time out; ii) positive behavior(s) to be taught to the citizen to replace the behavior(s) that initiates the use of the restraint or time out or other program to reduce or eliminate the use of the bodily
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restraint or time out; iii) the restriction, i.e.. restraint or time out authorized, including the restriction's duration; iv) the professional responsible for the program and the direct care workers authorized to implement it; and, v) the frequency with which behavioral data is to be recorded by direct care workers.
3. State Defendants shall, in order for a restrictive procedure to be included in a behavior treatment program, document in the citizen's record that other, less restrictive techniques were systematically employed as part of a professionally designed training program and were ineffective.
4. State Defendants shall document each time restraints or time out is used and the length of time for each use. If emergency restraints are used for a citizen two or more times in one month, the interdisciplinary team shall meet to review the use of emergency restraint. The BMC shall conduct a monthly review of all use of restraint and all use of time out. The Human Rights Committee shall also review restraint usage on a regular basis. Each committee shall make recommendations with respect to the appropriateness of the use and continued use of the restraint. Such recommendations shall be promptly implemented.
5. Prone restraints or take downs shall not be employed.
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6. Unless approved by the Human Rights Committee, citizens' personal property and freedoms shall not be used as contingencies for behavior management programs.
F. Provision of Care to Citizens With Hearing, Vision or Communication Needs 1. State Defendants shall provide adequate and
appropriate hearing, vision, and communication services and necessary technology to citizens.
2. State Defendants shall assess, evaluate, develop, and implement programs, including the use of augmentive devices as needed, for each citizen with communication deficits, including deaf or hearing impaired citizens, to teach appropriate communication skills. For hearing impaired citizens for whom amplification is effective, amplification devices shall be provided, along with any training necessary to allow the citizen to use or become accustomed to wearing such devices. On units housing a citizen who is being taught sign language, the State Defendants shall make best efforts to have at least one direct care staff person on each shift who knows or is learning sign language.
3. State Defendants shall assess and evaluate each citizen with a vision impairment to determine his or her need for eyeglasses. Where needed, eyeglasses shall be provided along with training designed to ensure the citizen can and does wear them. State Defendants must provide training and services for individuals who are blind and provide assistive devices, such as canes or other trailing devices.
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G. Physical Environment 1. State Defendants shall provide for each citizen a
safe environment that meets the needs of the citizen and ensures the greatest amount of freedom and opportunity with the least amount of risk.
2. State Defendants shall ensure that all local, state and federal codes and regulations governing fire safety, health, infection control and sanitation are complied with.
3. State Defendants shall ensure that the environment is adequately hazard free, clean and in good repair.
4. State Defendants shall comply with the quality assurance mechanisms outlined in State Defendants' TQI.
H. Resident Property 1. State Defendants will ensure citizens' right to
own, keep and use reasonably personal possessions and property. VII. Protection From Harm
A. State Defendants shall immediately act to ensure safe and humane living environments for citizens and protect citizens from abuse, mistreatment and neglect.
B. The State Defendants shall identify immediately all citizens who are at risk of serious harm or causing serious harm to others, because of significant health care needs, selfinjurious or aggressive behavior, or any other cause. Those persons' teams shall meet immediately to develop strategies and interventions to reduce the risk of harm. The team shall review the actions taken and the outcomes for the person at least
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monthly and revise the person's plan and services if indicated. The Chief Behavior Analyst or consulting behavior analyst,
the interdisciplinary team or a physician shall require adequate staffing to ensure safety. The assigned staff shall be specially trained in the appropriate behavior management and teaching techniques applicable to the citizen for whom they are providing the coverage.
C. State Defendants will provide adequately trained and supervised direct care staff to meet a 1:4 (day), 1:4 (evening) and 1:8 (night) staff-to-client ratio at each developmental center. All direct care staff will be trained to recognize and report abuse, neglect, and mistreatment. This ratio shall be calculated by counting only staff actually on duty at each center. Staff engaged in housekeeping or other chores may not be counted to meet the staffing ratio. Furthermore, staff assigned to 1:1 interaction with a particular citizen may not be counted in the staffing ratio for the other citizens in the area.
D. State Defendants shall design and implement a data collection system for tracking incidents of injury and suspected or alleged abuse or neglect statewide.
E. State Defendants shall prepare a monthly injury report for each center that describes type of injury, citizen(s) involved, location, shifts and staff present or on duty for the purpose of identifying factors leading to such injuries. All reports, including recommendations to reduce the incidence of injury, shall be provided to the Investigators and reviewed by
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the Abuse and Neglect Prevention Committee and the Behavior Management Committee of each facility for that facility's injuries.
F. State Defendants shall ensure citizens are protected from abuse, neglect, and preventable injuries, unnecessary restraint and restrictive procedures, and unnecessary medication through prevention, reporting, investigating and resolution techniques. Prevention includes elements of staff training and supervision. Systematic review of information about abuse, neglect and injuries shall occur. The causes of abuse, neglect and injuries shall be identified so that the conditions and practices contributing to the occurrence of such incidents will be eliminated.
G. The State Defendants shall establish and adequately staff an Office of Investigations (01). The 01 will have an Investigations Coordinator who will coordinate all investigations in the community and in the institutions. The Investigations Coordinator must have experience in investigations and law enforcement, and will report directly to the Assistant Commissioner for Mental Retardation Services. The Investigations Coordinator shall establish regular communications with the Tennessee Bureau of Investigation, the Tennessee Comptroller's Office and local and federal law enforcement. Toward this end, the Investigations Coordinator shall submit quarterly reports on the activities of the 01 to TBI for at least the first two years after the signing of this Agreement unless otherwise shortened by
- 48 -

the parties. Confidential copies of these quarterly reports shall also be provided to counsel for the parties. The Investigations Coordinator, at his or her discretion, may redact from the copies sent to the parties any information the release of which the Investigations Coordinator believes may compromise an ongoing investigation. The United States Department of Justice, under its responsibilities as a law enforcement agency, reserves the right to request and obtain any redacted information.
H. State Defendants shall assure that the Office of Investigations is sufficiently staffed at the regional level to promptly and fully investigate all allegations of abuse and neglect. The investigators will be responsible for investigating abuse, mistreatment, and neglect, including injuries they suspect may have resulted from abuse, mistreatment, or neglect and all serious injuries of an unknown cause. For purposes of this section, the terms abuse, mistreatment and neglect shall be interpreted broadly. The Regional Investigators shall report directly to the Investigations Coordinator.
I. The qualifications of Investigators will include: 1. Professional training and experience in conducting investigations; 2. Demonstrated skill in investigation techniques and in interviewing; and
- 49 -

3. Training on conducting investigations in institutions serving developmentally disabled persons.
Such qualifications and training may be obtained after an Investigator is hired, but before the Investigator is assigned a case to investigate.
J. Investigators will publish prominently their names, phone numbers, and current photographs in all residential, program, and office areas and distribute relevant written materials to all citizens, staff, vendors, parents or guardians, advocates, and appropriate law enforcement and community groups. Investigators will report in writing all allegations of abuse, mistreatment, or neglect and the Investigator's determination that the allegation was founded or unfounded to the Investigations Coordinator, and the center's Superintendent and Abuse and Neglect Prevention Committee, or the DMHMR regional director and the head of the responsible community service provider.
K. The State Defendants will form an appropriately constituted Abuse and Neglect Prevention Committee at each of the regional centers to provide effective review of abuse and neglect allegations and make recommendations for corrective actions.
L. All direct care staff will be trained to appropriately supervise citizens in order to reduce abuse, neglect and mistreatment. All direct care staff will be trained to recognize and report abuse, neglect and mistreatment.
- 50 -

VIII. Education for School Age Citizens A. The State Defendants shall, within the time frames set
forth, take the following measures to comply fully with the Individuals with Disabilities Education Act (IDEA) 20 U.S.C. §§ 1400 et seq., and applicable state law. The requirements of this section of the Agreement shall apply to all school-age children currently or formerly residing at the developmental centers.
B. State Defendants shall retain the services of a consultant(s) with proven expertise in the field of special education services to evaluate and make recommendations regarding school services to citizens. State Defendants shall implement those recommendations to the extent possible and provide the consultant reports to each involved local education agency (LEA's). State Defendants will assist LEA's in learning and accessing current practices in education under the IDEA and its implementing regulations.
C. The State Defendants shall assure that students are placed in the least restrictive environment appropriate for each individual child and assure the availability of supplementary aids and services to each student/child when appropriate including modification and adaptation of the regular curriculum, integrated therapies and support from paraprofessionals.
D. The State Defendants' consultant's study shall include the appropriateness and practicality of providing extended school
- 51 -

year services and contracting with the local educational agency on services for students with challenging behavior.
E. Upon entry of the Order approving this Agreement, State Defendants shall place all school age children in appropriate educational programs as specified in their IEPs. Whenever appropriate and consistent with the child's IEP and placement in the least restrictive environment, the child shall be educated in local public school systems. State Defendants shall provide sufficient consultation expertise to the LEAs. IX. First Amendment Rights
A. A citizen, advocate, guardian or state employee may not be precluded or discouraged from exercising his or her rights under the First Amendment to the Constitution of the United States.
B. State Defendants shall develop and implement within 3 0 days, in consultation with the parties, a policy on enabling class members to communicate, associate and assemble with others of their choice, and enabling class members to meet and speak privately with friends and others of their choice.
C. State Defendants shall immediately communicate this policy to all staff members at state developmental centers and to contract community services agencies and shall include a provision as a requirement in all future contracts (including amendments) with community services agencies serving class members, which provision shall provide that community services
- 52 -

agencies agree not to preclude or discourage class members from exercising their First Amendment rights.
D. State Defendants shall within thirty (30) days establish a process of disciplinary sanctions for staff members who violate this policy by including such violations as an offense for which disciplinary action may be taken under State Defendants' personnel policies.
E. State Defendants shall allow class representatives, other advocates and members of religious organizations and community organizations reasonable opportunities to communicate with all class members and shall afford all class members reasonable- opportunities to participate in community activities. X. Monitoring and Enforcement
A. Quality Review Panel 1. The Quality Review Panel (Review Panel or Panel)
shall be constituted by three individuals mutually agreed upon by the parties with recognized expertise in the field of developmental disabilities, transitional and community services. Two members will work part-time. The third member will Chair the Panel and will work full-time in that position for at least the first two years following the Court's entry of this Agreement. For selection of the members of the Panel, each party may submit a list of three names with their respective resumes. The parties shall consult on all of the names submitted and agree upon the three members for the Panel. If the parties are unable to agree, the Court (Magistrate Judge) shall select a panel of experts from
- 53 -

the persons nominated by the parties. If any of the Panel members are unable to continue to serve, his or her replacement shall be selected in the same manner as described above.
2. The purpose of this Panel is to assist in the implementation of this Agreement. The Panel will have two primary functions: i) to review placement decisions and planning; and ii) to assist in monitoring the implementation of this Agreement. It is intended that the Panel will pursue a problem-solving approach so that litigation and disagreements can be minimized and the energies of all interested persons can be focused on the task of meeting the needs of the citizens and achieving the outcomes required by this Agreement. To these ends, the Review Panel shall develop a set of policies and procedures consistent with this Agreement and professional standards, within 3 0 days of the seating of the Panel, in conjunction with the parties and subject to their agreement. These policies and procedures shall be documented in writing and distributed to all parties and the Court (Magistrate Judge). The Review Panel may modify these policies and procedures, including the methodologies for reviews discussed below, as appropriate to meet the requirements of different stages of the implementation of this Agreement. Any party may recommend such modifications to the Review Panel. All modifications of these policies and procedures must be made in writing and are subject to the parties' agreement. Any disputes concerning these policies and procedures that cannot be resolved shall be addressed first
- 54 -

through mediation conference with Court/Magistrate Judge with notice to all parties.
3. The Panel will operate as follows: a. The Panel will meet at least quarterly to
carry out its responsibilities as outlined in X.A.2. and shall meet at such other times as it deems appropriate. The State agrees to provide the Review Panel with sufficient resources to perform its functions under this Agreement, including resources to employ experts and staff. Within 45 days of the appointment of the full Review Panel, the Panel shall submit an annual budget to the State for review and approval, and, thereafter, shall submit a budget on an annual basis two months prior to the beginning of the proposed funding period. This budget will show the resource needs and costs associated with planned activities of the Review Panel for the coming year. This budget should provide sufficient detail such that proposed amounts for spending and resource allocation by area of activity are set out. These planned activities will be consistent with the responsibilities and duties of the Review Panel as described in this Agreement.
The State and the Review Panel shall agree on methods for clear documentation and accountability regarding Review Panel expenditures including procedures for ensuring that Review Panel members receive timely compensation from the State. Review Panel members shall receive appropriate and timely compensation from the State Defendants and shall be promptly reimbursed by State Defendants for services and reasonable out-of-pocket expenses
- 55 -

incurred in performing their duties. Reimbursement rates for out-of-pocket expenses, including travel, shall be consistent with existing State regulations. The annual cost of the activities of the Review Panel will not exceed a cap of $550,000 without an approved modification. In the event that unanticipated circumstances give rise to the need for budget modifications during the year, the Review Panel shall submit to the State requests for modifications of its annual budget. Budget modifications include substantial changes or increases in spending and resource allocations in the existing budget as well as expenses that will exceed the annual cap amount. Total requests for modification shall not exceed 20% of the annual budget amount. The State also agrees to provide the Panel with additional $50,000 of "in-kind" services and support (copying, phones, office materials and space) annually. If the State and the Review Panel are unable to resolve budget and related issues, they will pursue resolution through mediation conference with the Court (Magistrate Judge) with notice to all parties. If the Review Panel feels that its ability to perform its duties is being constrained by the State's actions concerning budget and related issues, then the Review Panel may seek immediate review and relief through the mediation process herein described with the Court (Magistrate Judge) with notice to all parties.
b. The State agrees that the duties of the TQI Coordinator at each developmental center shall include assisting the Review Panel in the performance of its functions. If this
- 56 -

arrangement proves to be insufficient, the State and the Review Panel shall determine a mutually agreeable alternative for providing the services of an ombudsperson at each developmental center.
c. Consistent with section V.A.9 of this Agreement, the ISTP and Independent Support Coordinator's placement certification for each citizen will be filed with the Panel. The Panel will review each individual placement prior to such placement occurring. The Panel shall complete its reviews and report to the IDT within twenty (20) days of receiving the ISTP and certification from the IDT, unless the Panel requests additional.,time for a particular placement. The Panel's review will include review of relevant supporting documentation and issues raised by members of the IDT. Such reviews shall determine the adequacy of the placement and ensure that the placement meets the individual needs of each citizen. Where the Panel determines that there are major deficiencies with a placement, the placement shall not occur until all the identified major deficiencies are corrected. Any other deficiencies shall be corrected in a timely manner.
For the first six months following the seating of the Panel, such reviews will be conducted by all three members of the Panel, but thereafter such reviews may be conducted only by the Chair, consulting as the Chair deems appropriate with the other members of the Panel. Reviews shall be reduced to writing in any case where deficiencies are identified and such deficiencies shall be
- 57 -

specified with particularity. State Defendants shall correct such deficiencies in a timely manner.
d. The Panel will assist in monitoring compliance with this Agreement. System reviews of the quality of all services and supports provided to the citizens in each of the developmental centers and in the community shall be conducted by the Panel on an annual basis. These reviews shall be conducted separately and staggered every six months, with the first review of all the institutions occurring within six months of the entry of this Agreement and the first review of the community services provided to each citizen occurring six months thereafter.
Within two months of the seating of the Review Panel, the Panel shall develop, in conjunction with the Parties and subject to their agreement, a written, professionally-based, evaluation methodology to be used for their annual system reviews of the quality of all services and supports provided to citizens in the developmental centers and in the community. This methodology shall include at least the following items: 1) the number and type of experts the Panel anticipates will assist in evaluating compliance; 2) the sampling approach and data collection methods; 3) the approach and procedures for site visits, site visit preparation, and on-site data collection; 4) the anticipated number of days and types of activities conducted on-site to evaluate compliance; 5) the anticipated types of documents that will be reviewed; and 6) methods for measuring and assessing compliance and progress with this Agreement. The State shall
- 58 -

have this methodology for at least four months before the Review Panel conducts the initial review of either the institutions or the community. This methodology is intended to give a framework for the Panel's reviews, but shall in no way operate to amend, alter or otherwise displace the requirements of this Agreement. The Review Panel may modify their methodology. The provisions set out above in Section X.A.2. regarding modifications of the Panel's policies and procedures shall apply to modifications of the review methodology.
In conducting their reviews, the Review Panel shall work cooperatively with the State and, to the extent possible, notify the State of their observations and conclusions as reviews take place. The Review Panel shall submit to the parties and to the Court a written report for each review that details their methodology, findings and recommendations. The focus of these reports shall be on compliance with this Agreement, but the reports shall also contain appraisals of the progress made by State Defendants during the review period. The State shall ensure that all deficiencies are remedied promptly. The parties may wish to discuss these reports within the context of the provisions of scheduled quarterly status conferences with the Court. If disputes arise as to the scope, findings, or recommendations of these reports, the parties shall make every effort to resolve these informally. Any disputes that cannot be resolved shall be addressed through the processes described in section B.I. of this section, below.
- 59 -

e. There shall be no ex parte communications between the Review Panel and the Court. Ex parte communications among the Review Panel and the parties are permitted.
f. In the event that the State has concerns about whether the activities of the Review Panel are unreasonable or inconsistent with the terms of this Agreement and is unable to resolve these concerns informally with the Review Panel, the State shall seek to address these concerns through mediation conference with the Court/Magistrate Judge with notice to all parties.
B. Reporting and Enforcement 1. If any party believes that State Defendants are
failing to comply with this Agreement, or with any part thereof, the party must confer with State Defendants in a good faith effort to attempt to reach an agreement regarding corrections of any of the alleged deficiencies prior to bringing an enforcement action. If the parties are unable to agree, any party shall request a mediation conference with the Magistrate Judge assigned to this case. This requirement is subject, however, to the following emergency exception. Any party may bring an action for immediate injunctive relief if the party believes that there exists an imminent or continuing risk of serious harm to any citizen that is not being addressed appropriately by State Defendants.
2. Nothing in this Agreement shall prevent a party from ultimately seeking redress with the Court in the event that
- 60 -

efforts at conciliation and mediation are unsuccessful. If mediation or further injunctive relief prove unsuccessful, a party may seek additional relief from the Court.
3. The parties shall hold quarterly status conferences with the Magistrate Judge assigned to this case to review State Defendants' compliance with the Schedule of Implementation, incorporated as Attachment A to this Agreement.
4. State Defendants shall provide to the parties and the Panel copies of the TQI internal and external peer review reports, and any annual surveys, including the surveys of the community-based programs and facilities referenced in V.D.I. State Defendants shall provide to the parties and the Panel on a monthly basis: primary documentation regarding deaths (including death certificates, death summaries, discharge papers, investigative reports, and preliminary and completed autopsies); statistical summaries of incidents and injuries; relevant summary information on hospitalizations and code blues; summaries of restraint usage; completed abuse and neglect investigation reports and documentation of any disciplinary or follow-up actions taken. State Defendants shall immediately notify the parties and the Panel of any deaths or allegations of serious abuse or neglect involving serious injuries or incidents.
5. The Panel, the parties to this Agreement and their attorneys, consultants and agents shall have reasonable access to all information, records, buildings and areas, including those of providers, and shall be permitted to interview any citizen,
- 61 -

employee of State Defendants or of any provider, at reasonable times and places. The Panel and the parties are not required to give State Defendants advance notice of their intent to visit any facility. State Defendants may seek relief from the Court in the event that State Defendants believe the Panel or any party's monitoring activities are unreasonable or inconsistent with this Settlement Agreement.
6. State Defendants shall bear all costs related to copying or otherwise supplying the parties or the Review Panel with documents requested by the parties or the Panel that relate to the State Defendants' compliance with this Agreement. The identities-of citizens shall be kept confidential, and neither the names nor likenesses of citizens shall be publicized without their permission except that the parties may refer to a citizen by the citizen's first name and last initial.
7. Nothing in this Agreement shall preclude any party from conducting additional discovery pursuant to the Federal Rules of Civil Procedure, such as, but not limited to, depositions or requests for admissions, on matters relating to enforcement or compliance with the Agreement. State Defendants may seek relief from the Court in the event that State Defendants believe a party's discovery activities are unreasonable or inconsistent with this Settlement Agreement.
8. Retaliation against any individual, employee, family member or citizen based on communication with the Panel or any party or party representative is strictly prohibited. A
- 62 -

notice to this effect must be posted in all locations where citizens live and employee and public notices are posted. The falsification of records, data, correspondence or other information required for determining the State Defendants' compliance with this Agreement is strictly prohibited and will be a violation of this Agreement, subjecting State Defendants to contempt sanctions by the Court. A notice to this effect will be posted in all locations where employee and public notices are posted.
9. At least for the first three years following the signing of this Agreement, the Tennessee Comptroller's Office shall conduct or shall contract for two annual audits. The first audit will focus on the regional centers and will consist of two parts: an audit of citizen monies and personal property; and an audit of the operation of the centers. The second audit will consist of the same two parts, but will be focused on the community placements, including the services and supports. The results of the two annual audits shall be provided to the Court, and the parties.
10. The Court shall retain jurisdiction of this action for all purposes under this Agreement until this action is dismissed.
11. Any party to this Agreement may move to modify, amend or alter this Agreement at any time after entry of the Order adopting this Agreement.
- 63 -

12. After this Agreement has been in effect for at least three years, the State Defendants may petition this Court for termination of this Agreement on grounds that they have achieved and demonstrated their ability to maintain compliance with its provisions. Upon filing of such a petition, the parties shall have 90 days within which they may tour and respond. If no response is forthcoming, or if the parties agree, then the Agreement shall terminate. If any party does respond, the Review Panel thereafter will conduct a review of the compliance issues raised by the petition and response(s), and report to the Court and the parties on the results of that review. The Court will conduct a hearing as soon as practicable thereafter. The State Defendants will bear the burden of showing that they have achieved and demonstrated their ability to maintain compliance with this Agreement.
After this Agreement has been in effect for at least two years, the State Defendants may petition this Court for termination of this Agreement in part. Such petition for partial termination shall be available only for demonstrating the achievement and maintenance of compliance with all of the provisions of Sections VI., Institutional Care and Services, and VII, Protection from Harm, with respect to institutional conditions at one or more of the three developmental centers covered by this Agreement. The procedures and burden of proof for such a petition shall be the same as those described in the preceding paragraph.
- 64 -

THIS SETTLEMENT AGREEMENT IS HEREBY AGREED TO: FOR THE STATE OF TENNESSEE:
DIANNE STAMEY Senior Counsel
KATHLEEN MALOY Assistant Attorney General CIVIL DIVISION Office of the Attorney General State of Tennessee Cordell Hull Building, 2nd Floor 426 5th Avenue North Nashville, TN 37243-0499

FOR THE UNITED STATES OF AMERICA:

JOHN M. ROBERTS U.S. Attorney Middle District of
Tennessee

DEVAL LT PATRICK Assistant Attorney General Civil Rights Division

ROBERT C. WATSON
Chief, Civil Division Office of the U.S. Attorney Middle District of
Tennessee

ROBINSUE FROHBOESE Deputy Chief Special Litigation Section Civil Rights Division

C. BOWMAN LAURIE J. WEINSTEIN VERLIN P. HUGHES Senior Trial Attorneys Special Litigation Section Civil Rights Division U.S. Department of Justice

FOR PEOPLE FIRST OF TENNESSEE, INC., ET AL.:

EDWARD SEWELL President People First of Tennessee, Inc.

-^>{a»^--x:C-&v—v //•\

JUDITH A. GRAN O

v^

Public Interest Law Center of Philadelphia

JffCK DERRYBERRY «t 5p/O

Ward, Derryberry & Thompson

EDWARD G. CONNETTE, JR.

Lesesne & Connette

EARLE J. SCHWARZ

Waring & Cox

COUNSEL FOR PEOPLE FIRST OF TENNESSEE, INC., ET AL,

Done and Ordered this Nashville, Tennessee.

day of

ROBERT L. ECHOLS U.S. District Court Judge

, 1996 at

SCHEDULE OF IMPLEMENTATION

Appendix

State Planning, Administration and Oversight

Timeline

Status Conference

A.

3 months

I

B.

3 months - TQI Coord./Plan Write

I

7 months - Plan Implemented

m

C.

6 months

II

D.

3 months

I

E.

12 months

IV

G.

6 months

n

H.

9 months

m

IV. Evaluation and Assessment

Timeline

6 months - 25% of class

9 months - 50% of class

12 months - 75% of class

15 months - 100% of class

B.

3 months

Status Conference
n m rv
V i

V. Development of Plans A.I. A.2.

Timeline
6 months - 25 % of class 12 months - 50% of class 18 months - 75% of class 21 months - 100% of class 12 months - 25% of class 24 months - 50% of class 36 months - 75 % of class 48 months - 100% of class

69

Status Conference
n
IV VI
vn
IV VIII

Appendix

V. Development of Plans (cont.) Timeline

Status Conference

A.7. A.8. A.13. B.I. B.2.
B.3. B.4. B.6. B.7. B.8. •B.9. B.IO. B.ll. C.I. C.6. D.I.
D.2. D.3. D.5. E.I. E.2.

60 days and as done

I

21 months

vn

6 months(start immediately)

n

Immediately

i

12 months - 25% of class

IV

24 months - 50% of class

vm

36 months - 75% of class

48 months - 100% of class

9 months

m

9 months

m

90 days

i

As done all within 9 months

m

9 months

m

6 months

ii

6 months

n

Immediately

i

6 months

n

9 months (3 months post-approval)

m

Within 12 months after

IV

the agreement is signed

3 months

i

Immediately

i

6 months

n

120 days

n

9 months

in

VI. Institutional Care anc1 Services

A.I. A.2. 1st Section A.2. 2nd Section
A.3.

Timeline
9 months 6 months 12 months 6 months

Status Conference
m n rv n

70

Appendix

VI. Institutional Care and Services (cont.)

Timeline

Status Conference

A..4 A.5. A.6. A.7. A.8. 1st Section A.8. 2nd Section
B.I. B.l.a. B.l.b. B.l.c. B.l.d. B.l.e. B.l.f.(l) B.l.f.(2) B.l.f.(3) B.l.f.(4) B.l.f.(5) B.l.f.(6) B.l.f.(7)
B.l.f.(8) B.l.g. B.l.h. B.l.i. B.l.j. B.l.k. B.I.I. B.l.m. B.l.n. B.2. B.2.a. B.2.b. B.2.c.

3 months

I

6 months

n

6 months

n

9 months

m

3 months

i

6 months - 25% of staff

n

9 months - 50% of staff

m

12 months - 75% of staff

IV

15 months - 100% of staff

V

18 months

VI

3 months

I

3 months

I

3 months

I

3 months

I

3 months

I

All within 15 months

V

6 months

n

3 months

i

6 months

H

9 months

m

3 months

i

6 months - begin immediately

n

review after development of plan

3 months

i

6 months

n

9 months - begin immediately

HI

6 months

II

Immediately

i

3 months

i

3 months

i

3 months

i

6 months

II

6 months

II

6 months

II

6 months

II

3 months

i

71

Appendix

VI. Institutional Care and Services (cont.) Timeline

Status Conference

C.I. C.2. C.3. C.4. C.6. C.I.
C.8.
C.9.
CIO. D.I.
D.2.
D.3. D.4. E.I. E.4.

Immediately

I

6 months

n

1 month after

n

Assessment/all within 6 months

12 months - begin immediately

IV

3 months after plan is written

i

6 months - 25 % of class

n

12 months - 50% of class

IV

18 months - 75% of class

VI

24 months - 100% of class

vm

Persons at highest risk done first

6 months - 25 % of class

n

9 months - 50% of class

m

12 months - 75% of class

IV

15 months - 100% of class

V

6 months - 25% of staff

n

9 months - 50% of staff

in

12 months - 7 5 % of staff

IV

15 months - 100% of staff

V

6 months

n

Persons at highest risk done first

6 months - 25% of class

n

9 months - 50% of class

m

12 months - 75% of class

IV

15 months - 100% of class

V

Persons at highest risk done first

6 months - 25 % of class

n

9 months - 50% of class

ni

12 months - 75% of class

IV

15 months - 100% of class

V

3 months

i

6 months

n

6 months

n

3 months

i

72

VI. Institutional Care and Services (cont.)

Appendix

Timeline

Status Conference

E.5.

Immediately

I

E.6.

3 months

I

F.I.

6 months - 2 5 % of class

n

9 months - 5 0 % of class

m

12 months - 75% of class

IV

15 months - 100% of class

V

F.2.

3 months - staff sign language competent I

6 months - 25 % of class 9 months - 50% of class

nin

12 months - 75% of class

IV

15 months - 100% of class

V

F.3.

6 months

n

G.I.

Immediately

i

G.2.

Immediately

i

G.3.

Immediately

i

G.4.

3 months

i

H.

Resident's property-3 months

i

VII. Protection from Harm
A. B. C. D. E. F. G. H. I. J. K. L.

Timeline
Immediately Immediately 3 months Immediately Immediately Immediately Immediately Immediately Immediately Immediately 3 months 12 months - begin immediately

Status Conference
I I I I I I I I I I I IV

73

Appendix

V i a . Education for School-Age Children

eline

Status Conference

B.

6 months

n

D.

12 months

IV

E.

All children placed within 21 months

VH

IX. First Amendment Rights

Timeline

B. C. D. _

30 days 30 days 30 days

Status Conference
I I I

74

 
 HOLMES,LEAD−CASE−FOR−TRIAL,MANUAL−FILING,PRO−SE−CASE,PROTECTIVE−ORDER
U.S. District Court Middle District of Tennessee (Nashville) CIVIL DOCKET FOR CASE #: 3:95−cv−01227

People First of TN, et al v. Clover Bottom Devel, et al Assigned to: Chief Judge Waverly D. Crenshaw, Jr Referred to: Magistrate Judge Barbara D. Holmes (Settlement) Demand: $0 Case in other court: 00−05342
6CCA, 12−05275
6CCA, 12−05297 Cause: 42:1983 Civil Rights Act
Plaintiff

Date Filed: 12/22/1995 Date Terminated: 03/31/2009 Jury Demand: None Nature of Suit: 440 Civil Rights: Other Jurisdiction: Federal Question

People First of Tennessee on behalf of its members

represented by Earle J. Schwarz Glankler Brown, PLLC 1700 One Commerce Square Memphis, TN 38103−2566 (901) 216−4790 Email: eschwarz@earle−schwarz.com ATTORNEY TO BE NOTICED

Edward G. Connette Lesesne & Connette 1001 Elizabeth Avenue Suite 1−D Charlotte, NC 28204 (704) 377−4300 Fax: (704) 372−1357 Email: econnette@essexrichards.com TERMINATED: 01/27/2010

Jack Derryberry Derryberry & Derryberry 2400 Crestmoor Road Nashville, TN 37215 (615) 386−7008 Email: derryberryjack@gmail.com ATTORNEY TO BE NOTICED

Judith A. Gran Public Interest Law Center of Philadelphia 125 South 9th Street Suite 700 Philadelphia, PA 19107 (215) 627−7100 Email: jgran@reismancarolla.com ATTORNEY TO BE NOTICED

Roger Manus Law Office of Roger Manus 401 Oberlin Road Raleigh, NC 27605 (919) 833−4600 TERMINATED: 03/05/2003

Plaintiff
Bonnie Chaffee by her next friend, Crystal Goodman

represented by Earle J. Schwarz (See above for address) ATTORNEY TO BE NOTICED

Case: 3:95-cv-1227 As of: 10/10/2017 07:21 PM CDT 1 of 103

Plaintiff Dowell Harris by his next friend, Rocky Akin
Plaintiff Effie Estelle Pippin by her next friend, Frances Hamblen
Plaintiff Sandra Jo Proctor by her next friend, Evelyn McCormack

Edward G. Connette (See above for address) TERMINATED: 01/27/2010
Jack Derryberry (See above for address) ATTORNEY TO BE NOTICED
Judith A. Gran (See above for address) ATTORNEY TO BE NOTICED
Roger Manus (See above for address) TERMINATED: 03/05/2003
represented by Earle J. Schwarz (See above for address) ATTORNEY TO BE NOTICED
Edward G. Connette (See above for address) TERMINATED: 01/27/2010
Jack Derryberry (See above for address) ATTORNEY TO BE NOTICED
Judith A. Gran (See above for address) ATTORNEY TO BE NOTICED
Roger Manus (See above for address) TERMINATED: 03/05/2003
represented by Earle J. Schwarz (See above for address) ATTORNEY TO BE NOTICED
Edward G. Connette (See above for address) TERMINATED: 01/27/2010
Jack Derryberry (See above for address) ATTORNEY TO BE NOTICED
Judith A. Gran (See above for address) ATTORNEY TO BE NOTICED
Roger Manus (See above for address) TERMINATED: 03/05/2003
represented by Earle J. Schwarz (See above for address) ATTORNEY TO BE NOTICED

Case: 3:95-cv-1227 As of: 10/10/2017 07:21 PM CDT 2 of 103

Plaintiff Cynthia Dawn Sommerville a minor, by her parents and natural guardians, Jeff and Kathy Sommerville
Plaintiff Kevin Troupe by his next friend, Charles Hall
Plaintiff Juanita Wright by her next friend, William A. Goodman, Jr.

Edward G. Connette (See above for address) TERMINATED: 01/27/2010
Jack Derryberry (See above for address) ATTORNEY TO BE NOTICED
Judith A. Gran (See above for address) ATTORNEY TO BE NOTICED
Roger Manus (See above for address) TERMINATED: 03/05/2003
represented by Earle J. Schwarz (See above for address) ATTORNEY TO BE NOTICED
Edward G. Connette (See above for address) TERMINATED: 01/27/2010
Jack Derryberry (See above for address) ATTORNEY TO BE NOTICED
Judith A. Gran (See above for address) ATTORNEY TO BE NOTICED
Roger Manus (See above for address) TERMINATED: 03/05/2003
represented by Earle J. Schwarz (See above for address) ATTORNEY TO BE NOTICED
Edward G. Connette (See above for address) TERMINATED: 01/27/2010
Jack Derryberry (See above for address) ATTORNEY TO BE NOTICED
Judith A. Gran (See above for address) ATTORNEY TO BE NOTICED
Roger Manus (See above for address) TERMINATED: 03/05/2003
represented by Earle J. Schwarz (See above for address) ATTORNEY TO BE NOTICED

Case: 3:95-cv-1227 As of: 10/10/2017 07:21 PM CDT 3 of 103

Plaintiff Mary Ann Avery by her next friend, Jason Elam
Plaintiff Audriniece Hollister by her next friend, Ethyl Ervie
Plaintiff Kenneth Lee

Edward G. Connette (See above for address) TERMINATED: 01/27/2010
Jack Derryberry (See above for address) ATTORNEY TO BE NOTICED
Judith A. Gran (See above for address) ATTORNEY TO BE NOTICED
Roger Manus (See above for address) TERMINATED: 03/05/2003
represented by Earle J. Schwarz (See above for address) ATTORNEY TO BE NOTICED
Edward G. Connette (See above for address) TERMINATED: 01/27/2010
Jack Derryberry (See above for address) ATTORNEY TO BE NOTICED
Judith A. Gran (See above for address) ATTORNEY TO BE NOTICED
Roger Manus (See above for address) TERMINATED: 03/05/2003
represented by Earle J. Schwarz (See above for address) ATTORNEY TO BE NOTICED
Edward G. Connette (See above for address) TERMINATED: 01/27/2010
Jack Derryberry (See above for address) ATTORNEY TO BE NOTICED
Judith A. Gran (See above for address) ATTORNEY TO BE NOTICED
Roger Manus (See above for address) TERMINATED: 03/05/2003
represented by Earle J. Schwarz (See above for address) ATTORNEY TO BE NOTICED

Case: 3:95-cv-1227 As of: 10/10/2017 07:21 PM CDT 4 of 103

Plaintiff Eddie Jones
Plaintiff Larry Wayne Vaughn
Plaintiff Charles Wilhoite

Edward G. Connette (See above for address) TERMINATED: 01/27/2010
Jack Derryberry (See above for address) ATTORNEY TO BE NOTICED
Judith A. Gran (See above for address) ATTORNEY TO BE NOTICED
Roger Manus (See above for address) TERMINATED: 03/05/2003
represented by Earle J. Schwarz (See above for address) ATTORNEY TO BE NOTICED
Edward G. Connette (See above for address) TERMINATED: 01/27/2010
Jack Derryberry (See above for address) ATTORNEY TO BE NOTICED
Judith A. Gran (See above for address) ATTORNEY TO BE NOTICED
Roger Manus (See above for address) TERMINATED: 03/05/2003
represented by Earle J. Schwarz (See above for address) ATTORNEY TO BE NOTICED
Edward G. Connette (See above for address) TERMINATED: 01/27/2010
Jack Derryberry (See above for address) ATTORNEY TO BE NOTICED
Judith A. Gran (See above for address) ATTORNEY TO BE NOTICED
Roger Manus (See above for address) TERMINATED: 03/05/2003
represented by Earle J. Schwarz (See above for address) ATTORNEY TO BE NOTICED

Case: 3:95-cv-1227 As of: 10/10/2017 07:21 PM CDT 5 of 103

Plaintiff Carolyn Britt
Plaintiff Rebecca Workman
Plaintiff Jenny Belle Greenwood

Edward G. Connette (See above for address) TERMINATED: 01/27/2010
Jack Derryberry (See above for address) ATTORNEY TO BE NOTICED
Judith A. Gran (See above for address) ATTORNEY TO BE NOTICED
Roger Manus (See above for address) TERMINATED: 03/05/2003
represented by Earle J. Schwarz (See above for address) ATTORNEY TO BE NOTICED
Edward G. Connette (See above for address) TERMINATED: 01/27/2010
Jack Derryberry (See above for address) ATTORNEY TO BE NOTICED
Judith A. Gran (See above for address) ATTORNEY TO BE NOTICED
Roger Manus (See above for address) TERMINATED: 03/05/2003
represented by Earle J. Schwarz (See above for address) ATTORNEY TO BE NOTICED
Edward G. Connette (See above for address) TERMINATED: 01/27/2010
Jack Derryberry (See above for address) ATTORNEY TO BE NOTICED
Judith A. Gran (See above for address) ATTORNEY TO BE NOTICED
Roger Manus (See above for address) TERMINATED: 03/05/2003
represented by Earle J. Schwarz (See above for address) ATTORNEY TO BE NOTICED

Case: 3:95-cv-1227 As of: 10/10/2017 07:21 PM CDT 6 of 103

Edward G. Connette (See above for address) TERMINATED: 01/27/2010

Jack Derryberry (See above for address) ATTORNEY TO BE NOTICED

Judith A. Gran (See above for address) ATTORNEY TO BE NOTICED

Roger Manus (See above for address) TERMINATED: 03/05/2003

Plaintiff David Balthrop

represented by Earle J. Schwarz (See above for address) ATTORNEY TO BE NOTICED

Edward G. Connette (See above for address) TERMINATED: 01/27/2010

Jack Derryberry (See above for address) ATTORNEY TO BE NOTICED

Judith A. Gran (See above for address) ATTORNEY TO BE NOTICED

Roger Manus (See above for address) TERMINATED: 03/05/2003

Plaintiff Terry Beaty

represented by Edward G. Connette (See above for address) TERMINATED: 01/27/2010

Jack Derryberry (See above for address) ATTORNEY TO BE NOTICED

Judith A. Gran (See above for address) ATTORNEY TO BE NOTICED

Roger Manus (See above for address) TERMINATED: 03/05/2003

Plaintiff

USA pltf in consolidated/member case no. 3:96−1056

represented by Amie Sosko Murphy Department of Justice Civil Rights Division Educational Opportunities Section 950 Pennsylvania Avenue, NW PHB, Suite 4300 Washington, DC 20530 (202) 616−3468

Case: 3:95-cv-1227 As of: 10/10/2017 07:21 PM CDT 7 of 103

Fax: (202) 514−0212 Email: amie.murphy@usdoj.gov TERMINATED: 01/06/2010

Darcey Kathleen Donehey Department of Justice Special Litigation Section 950 Pennsylvania Avenue, NW Washington, DC 20530 (202) 514−6255 TERMINATED: 10/10/2006

Deval L. Patrick Department of Justice Civil Rights Division 950 Pennsylvania Avenue, NW Washington, DC 20530−5968 (202) 616−9510 TERMINATED: 10/10/2006

Linda L. Keyser Department of Justice Civil Rights Division Educational Opportunities Section 950 Pennsylvania Avenue, NW PHB, Suite 4300 Washington, DC 20530 (202) 514−0695 Fax: (202) 514−0212 Email: linda.keyser@usdoj.gov TERMINATED: 06/13/2007

Matthew Donnelly Department of Justice 950 Pennsylvania Avenue, NW Washington, DC 20530 (202) 514−6255 Fax: (202) 514−4883 Email: matthew.donnelly@usdoj.gov ATTORNEY TO BE NOTICED

Michael L. Roden Office of the United States Attorney 110 Ninth Avenue, S Suite A961 Nashville, TN 37203−3870 (615) 736−5151 Email: michael.roden@usdoj.gov ATTORNEY TO BE NOTICED

Michelle A. Jones Department of Justice−Civil Rights Division Special Litigation Section 950 Pennsylvania Avenue, NW Washington, DC 20530 (202) 305−3642 Fax: (202) 514−6273 Email: michelle.jones2@usdoj.gov ATTORNEY TO BE NOTICED

Case: 3:95-cv-1227

R. Jonas Geissler Department of Justice Special Litigation Section 950 Pennsylvania Avenue, NW
As of: 10/10/2017 07:21 PM CDT 8 of 103

Washington, DC 20530 (202) 514−6255 Email: jonas.geissler@usdoj.gov ATTORNEY TO BE NOTICED
Robert C. Watson unknown address TERMINATED: 03/14/2006
Robinsue Frohboese Department of Justice Civil Rights Division 950 Pennsylvania Avenue, NW Washington, DC 20530 (202) 514−6255 TERMINATED: 10/10/2006
Samantha Kay Trepel Department of Justice−Civil Rights Division Special Litigation Section 950 Pennsylvania Avenue, NW Washington, DC 20530 (202) 305−3204 Email: samantha.trepel@usdoj.gov ATTORNEY TO BE NOTICED
Steven H. Rosenbaum Department of Justice Civil Rights Division 950 Pennsylvania Avenue, NW Washington, DC 20530 (202) 514−6255 TERMINATED: 10/10/2006
Todd Schneider Department of Justice Special Litigation Section 950 Pennsylvania Avenue, NW Washington, DC 20530 (202) 514−6255 Email: todd.j.schneider@usdoj.gov TERMINATED: 10/10/2006

V. Defendant Clover Bottom Development Center

represented by Alexander Stuart Rieger Tennessee Attorney General's Office P O Box 20207 Nashville, TN 37202−0207 (615) 741−2408 Fax: (615) 532−5683 Email: alex.rieger@ag.tn.gov ATTORNEY TO BE NOTICED

Dianne Stamey Dycus Tennessee Attorney General's Office P O Box 20207 Nashville, TN 37202 (615) 741−6420

Jonathan P. Lakey Pietrangelo & Cook, PLC
Case: 3:95-cv-1227 As of: 10/10/2017 07:21 PM CDT 9 of 103

6410 Poplar Avenue Suite 190 Memphis, TN 38119 (901) 685−2662 Fax: (901) 685−6122 Email: jlakey@pcplc.com ATTORNEY TO BE NOTICED

Martha A. Campbell Tennessee Attorney General's Office P O Box 20207 Nashville, TN 37202−0207 (615) 741−3491 Email: martha.campbell@ag.tn.gov TERMINATED: 04/24/2017

Mary Byrd Ferrara Tennessee Attorney General's Office P O Box 20207 Nashville, TN 37202−0207 (615) 532−7913 Fax: (615) 532−5683 Email: mary.ferrara@tn.gov ATTORNEY TO BE NOTICED

Defendant
Don Sundquist in his official capacity as Governor of the State of Tennessee

represented by Alexander Stuart Rieger (See above for address) ATTORNEY TO BE NOTICED

Dianne Stamey Dycus (See above for address)

Jonathan P. Lakey (See above for address) ATTORNEY TO BE NOTICED

Martha A. Campbell (See above for address) TERMINATED: 04/24/2017

Mary Byrd Ferrara (See above for address) ATTORNEY TO BE NOTICED

Defendant
Julia Bratcher in her official capacity as Superintendent of Clover Bottom Developmental Center

represented by Alexander Stuart Rieger (See above for address) ATTORNEY TO BE NOTICED

Dianne Stamey Dycus (See above for address)

Jonathan P. Lakey (See above for address) ATTORNEY TO BE NOTICED

Martha A. Campbell (See above for address) TERMINATED: 04/24/2017

Mary Byrd Ferrara (See above for address) ATTORNEY TO BE NOTICED
Case: 3:95-cv-1227 As of: 10/10/2017 07:21 PM CDT 10 of 103

Defendant
Mental Health and Mental Retardation, Tennessee Department of

represented by Alexander Stuart Rieger (See above for address) ATTORNEY TO BE NOTICED

Dianne Stamey Dycus (See above for address)

Jonathan P. Lakey (See above for address) ATTORNEY TO BE NOTICED

Martha A. Campbell (See above for address) TERMINATED: 04/24/2017

Mary Byrd Ferrara (See above for address) ATTORNEY TO BE NOTICED

Defendant
Marjorie Nelle Cardwell in her official capacity as Commissioner of Mental Health and Mental Retardation TERMINATED: 12/02/1996

represented by Alexander Stuart Rieger (See above for address) ATTORNEY TO BE NOTICED
Dianne Stamey Dycus (See above for address)

Jonathan P. Lakey (See above for address) ATTORNEY TO BE NOTICED

Martha A. Campbell (See above for address) TERMINATED: 04/24/2017

Defendant
Larry L. Durbin in his official capacity as Assistant Commissioner for Mental Health and Mental Retardation TERMINATED: 12/02/1996

represented by Alexander Stuart Rieger (See above for address) ATTORNEY TO BE NOTICED
Dianne Stamey Dycus (See above for address)

Jonathan P. Lakey (See above for address) ATTORNEY TO BE NOTICED

Martha A. Campbell (See above for address) TERMINATED: 04/24/2017

Defendant Health, Tennessee Department of

represented by Alexander Stuart Rieger (See above for address) ATTORNEY TO BE NOTICED

Dianne Stamey Dycus (See above for address)

Jonathan P. Lakey (See above for address)
Case: 3:95-cv-1227 As of: 10/10/2017 07:21 PM CDT 11 of 103

ATTORNEY TO BE NOTICED

Martha A. Campbell (See above for address) TERMINATED: 04/24/2017

Mary Byrd Ferrara (See above for address) ATTORNEY TO BE NOTICED

Defendant
Fredia S. Wadley in her official capacity as Commissioner of Health

represented by Alexander Stuart Rieger (See above for address) ATTORNEY TO BE NOTICED

Dianne Stamey Dycus (See above for address)

Jonathan P. Lakey (See above for address) ATTORNEY TO BE NOTICED

Martha A. Campbell (See above for address) TERMINATED: 04/24/2017

Mary Byrd Ferrara (See above for address) ATTORNEY TO BE NOTICED

Defendant
Finance & Administration, Tennessee Department of

represented by Alexander Stuart Rieger (See above for address) ATTORNEY TO BE NOTICED

Dianne Stamey Dycus (See above for address)

Jonathan P. Lakey (See above for address) ATTORNEY TO BE NOTICED

Martha A. Campbell (See above for address) TERMINATED: 04/24/2017

Mary Byrd Ferrara (See above for address) ATTORNEY TO BE NOTICED

Defendant
Bob Corker in his official capacity as Commissioner of Finance and Administration TERMINATED: 12/02/1996

represented by Alexander Stuart Rieger (See above for address) ATTORNEY TO BE NOTICED
Dianne Stamey Dycus (See above for address)

Jonathan P. Lakey (See above for address) ATTORNEY TO BE NOTICED

Martha A. Campbell Case: 3:95-cv-1227 As of: 10/10/2017 07:21 PM CDT 12 of 103

Defendant Rusty Seibert in his official capacity as Assistant Commissioner of Tenncare
Defendant Comcare, Inc. a Tennessee corporation TERMINATED: 11/06/1996
Defendant Greene Valley Developmental Center

(See above for address) TERMINATED: 04/24/2017
represented by Alexander Stuart Rieger (See above for address) ATTORNEY TO BE NOTICED
Dianne Stamey Dycus (See above for address)
Jonathan P. Lakey (See above for address) ATTORNEY TO BE NOTICED
Martha A. Campbell (See above for address) TERMINATED: 04/24/2017
Mary Byrd Ferrara (See above for address) ATTORNEY TO BE NOTICED
represented by Alexander Stuart Rieger (See above for address) ATTORNEY TO BE NOTICED
John F. Floyd Todd & Floyd, PLC 3817 Bedford Avenue Suite 220 Nashville, TN 37215 (615) 369−3300 Fax: (615) 369−3333 Email: johnfloyd@flgplc.com TERMINATED: 11/06/1996 ATTORNEY TO BE NOTICED
Lewis Berkley Hollabaugh Manier & Herod 150 Fourth Avenue, N 2200 First Union Tower Nashville, TN 37219−2494 (615) 244−0030 TERMINATED: 11/06/1996
Randall Chadwell Ferguson Branstetter, Stranch & Jennings, PLLC The Freedom Center 223 Rosa L. Parks Avenue Suite 200 Nashville, TN 37203 (615) 254−8801 Fax: (615)255−5419 Email: rcf@branstetterlaw.com TERMINATED: 11/06/1996
represented by Alexander Stuart Rieger (See above for address) ATTORNEY TO BE NOTICED

Case: 3:95-cv-1227 As of: 10/10/2017 07:21 PM CDT 13 of 103

Martha A. Campbell (See above for address) TERMINATED: 04/24/2017

Mary Byrd Ferrara (See above for address) ATTORNEY TO BE NOTICED

Defendant Nat T. Winston Developmental Center

represented by Alexander Stuart Rieger (See above for address) ATTORNEY TO BE NOTICED

Martha A. Campbell (See above for address) TERMINATED: 04/24/2017

Mary Byrd Ferrara (See above for address) ATTORNEY TO BE NOTICED

Defendant
O. Stephen Roth in his official capacity as Superintendent of Clover Bottom Developmental Center

represented by Alexander Stuart Rieger (See above for address) ATTORNEY TO BE NOTICED

Defendant
Robert Erb in his official capacity as superintendent of the Greene Valley Developmental Center

represented by Alexander Stuart Rieger (See above for address) ATTORNEY TO BE NOTICED

Defendant Pete Davidson

represented by Alexander Stuart Rieger (See above for address) ATTORNEY TO BE NOTICED

Defendant Ben Dishman

represented by Alexander Stuart Rieger (See above for address) ATTORNEY TO BE NOTICED

Martha A. Campbell (See above for address) TERMINATED: 04/24/2017

Mary Byrd Ferrara (See above for address) ATTORNEY TO BE NOTICED

Defendant Thomas Sullivan

represented by Alexander Stuart Rieger (See above for address) ATTORNEY TO BE NOTICED

Defendant
John Ferguson in his official capacity as Commissioner of Finance and Administration

represented by Alexander Stuart Rieger (See above for address) ATTORNEY TO BE NOTICED

Martha A. Campbell Case: 3:95-cv-1227 As of: 10/10/2017 07:21 PM CDT 14 of 103

Defendant Tennessee, State of
Defendant A. Jane Walters Dr., Commissioner, TN Department of Education Defendant Stanley Lipford Superintendent, Nat T. Winston Development Center

(See above for address) TERMINATED: 04/24/2017
Mary Byrd Ferrara (See above for address) ATTORNEY TO BE NOTICED
represented by Alexander Stuart Rieger (See above for address) ATTORNEY TO BE NOTICED
Dianne Stamey Dycus (See above for address)
Jonathan P. Lakey (See above for address) ATTORNEY TO BE NOTICED
Martha A. Campbell (See above for address) TERMINATED: 04/24/2017
Mary Byrd Ferrara (See above for address) ATTORNEY TO BE NOTICED
represented by Alexander Stuart Rieger (See above for address) ATTORNEY TO BE NOTICED
represented by Alexander Stuart Rieger (See above for address) ATTORNEY TO BE NOTICED

V. Intervenor Plaintiff People First of Tennessee

Intervenor Plaintiff Brian Bragdon

represented by Allen Woods Law Offices of Woods & Woods P O Box 128498 Nashville, TN 37212 (615) 321−1426 Email: allen@woodsattorneys.com ATTORNEY TO BE NOTICED

Larry D. Woods Law Offices of Woods & Woods P O Box 128498 Nashville, TN 37212 (615) 321−1426 Email: debate@comcast.net ATTORNEY TO BE NOTICED

Interested Party
represented by Case: 3:95-cv-1227 As of: 10/10/2017 07:21 PM CDT 15 of 103

Quality Review Panel Jaylon Fincannon, Chair; Becky Johnson, Member; Karen Green McGowan, Member, Walter Hunt, Member

Quality Review Panel c/o Jaylon Fincannon, Acting Chairman 5505 Edmondson Pike Suite 11 Nashville, TN 37211 (615) 781−6803 Fax: (615) 781−6869 Email: qrpanel@aol.com PRO SE

V. Material Witness Cameron Waters

represented by Lisa M. Carson Buerger, Moseley & Carson, PLC 306 Public Square Franklin, TN 37064 (615) 794−8850 Email: lcarson@buergerlaw.com TERMINATED: 01/03/2017 ATTORNEY TO BE NOTICED

V.
Intervenor
Parent−Guardian Association of Clover Bottom Developmental Center

represented by Charles M. Robinson Harrington Law Office 1215 7th Avenue, N Nashville, TN 37208−2605 (615) 320−9977 Fax: (615) 320−9929 Email: michael@harringtonlawoffice.com ATTORNEY TO BE NOTICED

Dudley Mack West White & Reasor One American Center 3100 West End Avenue Suite 1100 Nashville, TN 37203 (615) 383−3345 Email: dmwest@whitereasor.com TERMINATED: 02/22/2016

Hal D. Hardin 211 Union Street Suite 200 Nashville, TN 37201 (615) 369−3377 Email: halhardin@aol.com ATTORNEY TO BE NOTICED

Jonathan Stephen Carlton Harrington Law Office 1215 7th Avenue, N Nashville, TN 37208−2605 (615) 320−9977 Fax: (615) 320−9929 Email: jonathan@harringtonlawoffice.com ATTORNEY TO BE NOTICED

Mary Martin Schaffner

Case: 3:95-cv-1227 As of: 10/10/2017 07:21 PM CDT 16 of 103

Howell & Fisher Court Square Building 300 James Robertson Parkway Nashville, TN 37201−1107 (615) 244−3370 TERMINATED: 03/13/2012

Nancy Penny Harrington Harrington Law Office 1215 7th Avenue, N Nashville, TN 37208−2605 (615) 320−9977 Fax: (615) 320−9929 Email: judgeharrington@harringtonlawoffice.com ATTORNEY TO BE NOTICED

Intervenor
Parent−Guardian Association of Greene Valley Developmental Center

represented by Charles M. Robinson (See above for address) ATTORNEY TO BE NOTICED

Dudley Mack West (See above for address) TERMINATED: 02/22/2016

Hal D. Hardin (See above for address) ATTORNEY TO BE NOTICED

Jonathan Stephen Carlton (See above for address) ATTORNEY TO BE NOTICED

Mary Martin Schaffner (See above for address) TERMINATED: 03/13/2012

Nancy Penny Harrington (See above for address) ATTORNEY TO BE NOTICED

Intervenor Winston Foundation, The

represented by Dudley Mack West (See above for address) TERMINATED: 02/22/2016 ATTORNEY TO BE NOTICED

Mary Martin Schaffner (See above for address) TERMINATED: 03/13/2012

Intervenor Theresa Ann Burkett

represented by Mary Martin Schaffner (See above for address) TERMINATED: 03/13/2012

Intervenor Marla Jane Kennedy

represented by Mary Martin Schaffner (See above for address) TERMINATED: 03/13/2012

Intervenor Case: 3:95-cv-1227 As of: 10/10/2017 07:21 PM CDT 17 of 103

L. Joyner Greathouse
Intervenor Joseph Martin Steffan
Intervenor Margaret Ann Tierney
Intervenor Robert Anthony Powell
Intervenor Robert Lawrence Cox
Intervenor Bruce Edward Ricks
Intervenor Jason Goldberg next friend Monica Goldberg
Intervenor Community Rehabilitation Agencies of Tennessee, Inc. TERMINATED: 02/15/2000
Intervenor Plaintiff Life Action of Tennessee, Inc. TERMINATED: 05/30/2003
Date Filed # Docket Text

represented by Mary Martin Schaffner (See above for address) TERMINATED: 03/13/2012
represented by Mary Martin Schaffner (See above for address) TERMINATED: 03/13/2012
represented by Mary Martin Schaffner (See above for address) TERMINATED: 03/13/2012
represented by Mary Martin Schaffner (See above for address) TERMINATED: 03/13/2012
represented by Mary Martin Schaffner (See above for address) TERMINATED: 03/13/2012
represented by Mary Martin Schaffner (See above for address) TERMINATED: 03/13/2012
represented by Hugh C. Howser , Jr. Miller & Martin, LLP 150 Fourth Avenue, N 1200 One Nashville Place Nashville, TN 37219−2433 (615) 244−9270 Fax: (615) 256−8197 Email: hhowser@millermartin.com TERMINATED: 05/30/2003
represented by William Beesley Hubbard Hubbard, Berry & Harris, PLLC SunTrust Bank Building 201 Fourth Avenue, N Suite 1420 Nashville, TN 37219 (615) 251−5444 Email: whubbard@hubbardsmith.com TERMINATED: 02/15/2000
represented by Hugh C. Howser , Jr. (See above for address) TERMINATED: 05/30/2003

Case: 3:95-cv-1227 As of: 10/10/2017 07:21 PM CDT 18 of 103

12/22/1995

1 COMPLAINT (Summons(es) issued) Filing fee paid in the amount of : $120 Receipt # 51407 (af) (kb). (Entered: 12/22/1995)

12/22/1995

2 NOTICE of Initial Case Management Conference Case referred to Magistrate Judge William J. Haynes Jr. , ; Case Management Conference set for 9:00 1/30/96 (af) (Entered: 12/22/1995)

01/12/1996

3 MOTION by defts Clover Bottom Devel, Don Sundquist, Julia Bratcher, Mental Health/Retard, Marjorie Nelle Cardwell, Larry L. Durbin, Health TN Dept, Fredia S. Wadley, Finance, TN Dept of, Bob Corker, Rusty Seibert to extend time to answer through 2/20/96 (w/attached afdt and proposed order) (gi) (Entered: 01/16/1996)

01/12/1996 4 AFFIDAVIT of Dianne Stamey Dycus re [3−1] (gi) (Entered: 01/16/1996)

01/16/1996

5 ORDER by Magistrate Judge William J. Haynes Jr. granting motion of defts to extend time to answer through 2/20/96 [3−1] (cc: all counsel) (EOD 1/17/96) (af) (Entered: 01/17/1996)

01/29/1996

6 ATTORNEY APPEARANCE for deft Comcare, Inc. by Lewis Berkley Hollabaugh and John F. Floyd (gi) (Entered: 01/30/1996)

02/05/1996

PROPOSED Order granting deft Comcare, Inc extension of time to respond to complaint (gi) (Entered: 02/06/1996)

02/05/1996

RETURN OF SERVICE executed upon deft Comcare, Inc. on 1/17/96 (dm) (Entered: 02/07/1996)

02/08/1996

7 ORDER by Magistrate Judge William J. Haynes Jr.: Deft Comcare, Inc. shall have through 3/4/96 to respond to the complaint. EOD 2/8/96 (cc: all counsel) (gi) (Entered: 02/08/1996)

02/09/1996

RETURN OF SERVICE executed upon defts Clover Bottom Devel, Don Sundquist, Mental Health/Retard, Marjorie Nelle Cardwell, Larry L. Durbin, TN Dept of Health, Fredia S. Wadley, TN Dept of Finance, Bob Corker and Rusty Seibert on 12/29/95 (gi) (Entered: 02/12/1996)

02/09/1996

RETURN OF SERVICE executed upon deft Julia Bratcher on 12/95 (no day of month) (gi) (Entered: 02/12/1996)

02/09/1996

RETURN OF SERVICE executed upon deft Comcare, Inc. on 1/16/96 by certified mail (gi) (Entered: 02/12/1996)

02/14/1996

8 ORDER by Magistrate Judge William J. Haynes Jr.: Case Management Conference held 2/12/96. A settlement conference is set for 1:30 on 4/12/96. Pltfs' counsel and state defts' counsel are ordered to file their settlement papers under seal by 3/12/96. Counsel for deft Comcare, Inc. shall have until 3/27/96 to file its settlement papers under seal. EOD 2/14/96 (cc: all counsel, Deval L. Patrick, Bob O'Connell, Wanda Burkett) (gi) (Entered: 02/14/1996)

02/16/1996

9 MOTION by pltfs for class certification (w/proposed order) (gi) (Entered: 02/16/1996)

02/16/1996 10 MEMORANDUM by pltfs in support of motion for class certification [9−1] (w/attachment) (gi) (Entered: 02/16/1996)

02/20/1996

11 MOTION by defts Clover Bottom Devel, Don Sundquist, Julia Bratcher, Mental Health/Retard, Marjorie Nelle Cardwell, Larry L. Durbin, Health TN Dept, Fredia S. Wadley, Finance, TN Dept of, Bob Corker, Rusty Seibert to dismiss (gi) (Entered: 02/21/1996)

02/20/1996

12 MEMORANDUM by defts Clover Bottom Devel, Don Sundquist, Julia Bratcher, Mental Health/Retard, Marjorie Nelle Cardwell, Larry L. Durbin, Health TN Dept, Fredia S. Wadley, Finance, TN Dept of, Bob Corker, Rusty Seibert in support of motion to dismiss [11−1] (gi) (Entered: 02/21/1996)

02/28/1996 13 ANSWER by deft Comcare, Inc. to [1−1] (gi) (Entered: 02/29/1996)

03/01/1996

14 MOTION by defts Clover Bottom Developmental Center, Don Sundquist, Julia Bratcher, TN Dept of Mental Health/Retardation, Marjorie Nelle Cardwell, Larry L. Durbin, TN Dept of Health, Fredia S. Wadley, TN Dept of Finance, Bob Corker and

Case: 3:95-cv-1227 As of: 10/10/2017 07:21 PM CDT 19 of 103

03/08/1996 03/18/1996 03/21/1996
03/28/1996 03/28/1996
04/11/1996 04/11/1996 05/01/1996 06/03/1996 06/28/1996 07/25/1996
07/31/1996 08/19/1996 08/28/1996 08/28/1996 09/03/1996 09/24/1996 10/03/1996
10/04/1996 10/04/1996

Rusty Seibert to postpone ruling on pltfs' mtn for class certification (gi) (Entered: 03/04/1996)
15 RESPONSE by pltfs in opposition to motion to dismiss [11−1] (w/attachments) (gi) (Entered: 03/11/1996)
16 RESPONSE in opposition by pltfs to State defts' mtn to postpone ruling on pltfs' mtn for class certification [14−1]. (mk) (Entered: 03/18/1996)
17 REPLY BRIEF by defts Clover Bottom Devel, Don Sundquist, Julia Bratcher, Mental Health/Retard, Marjorie Nelle Cardwell, Larry L. Durbin, Health TN Dept, Fredia S. Wadley, TN Dept. of Finance, Bob Corker and Rusty Seibert to response to mtn to dismiss [11−1] (ks) (Entered: 03/22/1996)
18 SETTLEMENT RESPONSE by deft Comcare, Inc. (gi) (Entered: 03/28/1996)
19 ORDER by Judge Robert L. Echols denying motion to postpone ruling on pltfs' mtn for class certification [14−1]. Defts shall file their response to pltfs' mtn for class certification [9−1] within 10 days of entry of this order. EOD 3/28/96 (cc: all counsel) (gi) (Entered: 03/28/1996)
20 RESPONSE by state defts in opposition to motion for class certification [9−1] (w/attachments) (gi) (Entered: 04/12/1996)
21 DECLARATION of Marjorie Nelle H. Cardwell by defts re [20−1] (w/attachment) (gi) (Entered: 04/12/1996)
22 ATTORNEY APPEARANCE for deft Comcare, Inc. by Randall Chadwell Ferguson (gi) (Entered: 05/02/1996)
23 CLERK'S RESUME of Proceedings before Magistrate Judge Haynes: Settlement conference held 5/29−31/96. (gi) (Entered: 06/04/1996)
24 CLERK'S RESUME: Continued Settlement conference. Parties to return on 7/23/96 (dm) (Entered: 07/02/1996)
25 ORDER by Magistrate Judge William J. Haynes Jr.: Settlement conference set for 8/1/96 is continued. Parties are to submit an agreed order setting forth a date and time for the settlement conference. EOD 7/25/96 (cc: all counsel) (gi) (Entered: 07/25/1996)
26 AGREED ORDER by Magistrate Judge William J. Haynes Jr.: Mediation conference is set for 9:30 on 8/12/96. EOD 7/31/96 (cc: all counsel) (gi) (Entered: 07/31/1996)
27 CLERK'S RESUME of Proceedings before Magistrate Judge Haynes: Settlement conference held 8/12/96. (gi) (Entered: 08/20/1996)
28 MOTION by state defts to withdraw their motion to dismiss (gi) (Entered: 08/29/1996)
PROPOSED Order granting mtn #28 (gi) (Entered: 08/29/1996)
29 ORDER by Judge Robert L. Echols granting motion [28−1] to withdraw motion to dismiss [11−1]. EOD 9/3/96 (cc: all counsel) (gi) (Entered: 09/03/1996)
30 MOTION by state defts to withdraw their response [20−1] to mtn for class certification without prejudice (w/proposed order) (gi) (Entered: 09/25/1996)
31 ORDER by Judge Robert L. Echols granting motion of state defts to withdraw [30−1] their response [20−1] to mtn for class certification without prejudice. EOD 10/3/96 (cc: all counsel) (gi) (Entered: 10/03/1996)
32 MOTION by pltfs to withdraw motion for class certification and to extend time for filing mtn for class certification (w/proposed order) (gi) (Entered: 10/04/1996)
33 ORDER by Judge Robert L. Echols granting motion to withdraw motion for class certification [32−1], granting motion to extend time for filing mtn for class certification [32−2] withdrawing motion for class certification [9−1] (cc: all counsel) (mk) (Entered: 10/04/1996)

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10/09/1996
10/29/1996 11/06/1996 11/07/1996 11/14/1996
11/15/1996 11/15/1996 11/15/1996 11/15/1996 11/15/1996 11/15/1996 11/15/1996 11/15/1996 11/15/1996 11/15/1996 12/02/1996 12/02/1996 12/02/1996
12/02/1996
01/06/1997

34 MAGISTRATE JUDGE'S REPORT by Magistrate Judge William J. Haynes Jr.: It is the Magistrate Judge's understanding that the parties and the United States have agreed to a resolution of the issues raised in this action and the parties expect to present an executed agreement to the Court within 30 days from the date of this report. Pltfs will also file a renewed mtn for class certification. EOD 10/9/96 (cc: all counsel) (gi) Modified on 10/09/1996 (Entered: 10/09/1996)
35 STIPULATION by parties of dismissal of deft Comcare, Inc. (gi) (Entered: 10/30/1996)
36 ORDER by Judge Robert L. Echols: Pursuant to stipulation of dismissal [35−1], deft Comcare, Inc. is dismissed from this action. terminating party Comcare, Inc. EOD 11/6/96 (cc: all counsel) (gi) (Entered: 11/06/1996)
PROPOSED Agreed Order (dm) (Entered: 11/07/1996)
37 ORDER by Magistrate Judge William J. Haynes Jr.: Based on agreement of the parties and the US Dept of Justice, it is ordered that the parties and the United States shall have until 11/15/96 in which to present an executed agreement to the Court. EOD 11/14/96 (cc: all counsel) (gi) (Entered: 11/14/1996)
38 MOTION by pltfs to amend complaint (w/proposed changes as Exhibit A and proposed amended complaint as Exhibit B) (gi) (Entered: 11/18/1996)
39 MEMORANDUM by pltfs in support of motion to amend complaint [38−1] (gi) (Entered: 11/18/1996)
PROPOSED Order re mtn [38−1] (gi) (Entered: 11/18/1996)
40 RENEWED MOTION by pltfs for class certification (gi) (Entered: 11/18/1996)
41 MEMORANDUM by pltfs in support of motion for class certification [40−1] (gi) (Entered: 11/18/1996)
PROPOSED Order granting mtn [40−1] (gi) (Entered: 11/18/1996)
42 NOTICE by pltfs that they have agreed upon the members of the Quality Review Panel (gi) (Entered: 11/18/1996)
43 MOTION by parties to approve the Settlement Agreement and Plan for Compliance with Rule 23(e) (w/proposed order) (gi) (Entered: 11/18/1996)
44 NOTICE of hearing and Proposed Settlement Agreement by pltfs (gi) (Entered: 11/18/1996)
PROPOSED Settlement Agreement between People First, the United States and the State of TN (gi) (Entered: 11/18/1996)
45 ORDER by Judge Robert L. Echols granting motion to amend complaint [38−1]. EOD 12/2/96 (cc: all counsel) (gi) (Entered: 12/02/1996)
46 ORDER by Judge Robert L. Echols granting renewed motion for class certification [40−1]. EOD 12/2/96 (cc: all counsel) (gi) (Entered: 12/02/1996)
47 ORDER by Judge Robert L. Echols granting motion to approve the Settlement Agreement and Plan for Compliance with Rule 23(e) [43−1]. A hearing on final approval of the proposed Settlement Agreement is set for 2:00 on 1/27/97. (See order for details) EOD 12/2/96 (cc: all counsel) (gi) (Entered: 12/02/1996)
48 AMENDED COMPLAINT; adding Mary Ann Avery, Audriniece Hollister, Kenneth Lee, Eddie Jones, Larry Wayne Vaughn, Charles Wilhoite, Carolyn Britt, Rebecca Workman, Jenny Belle Greenwood, David Balthrop, Terry Beaty, Greene Valley Developmental Center, Nat T. Winston Developmental Center, O. Stephen Roth, Robert Erb, Pete Davidson, Ben Dishman, Thomas Sullivan, John Ferguson to case(s); terming Marjorie Nelle Cardwell, Larry L. Durbin, Bob Corker and Comcare, Inc. (gi) (Entered: 12/03/1996)
49 LETTER from Mr. & Mrs. Paul Beaty, parents of Pauline C. Beaty, resident at Clover Bottom, (gi) (Entered: 01/07/1997)

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01/09/1997
01/10/1997 01/10/1997 01/10/1997 01/13/1997 01/13/1997 01/13/1997 01/13/1997 01/13/1997 01/13/1997 01/13/1997
01/13/1997
01/13/1997 01/13/1997 01/13/1997 01/13/1997 01/13/1997 01/14/1997 01/14/1997 01/14/1997 01/14/1997 01/14/1997 01/14/1997 01/15/1997

50 LETTER from Mary Lee West, dated 1/6/97, advising her sister, Joyce H. Johnson, has permission to attend and participate in hearing on 1/27/97 on behalf of her son, Bryan Dale West (gi) (Entered: 01/13/1997)
51 MEMORANDUM by defts in support of final approval of proposed settlement (gi) (Entered: 01/13/1997)
52 CERTIFICATE of Notice to class members by defts (gi) (Entered: 01/13/1997)
53 MOTION by proposed intervenors for extension of time to file mtn to intervene (gi) (Entered: 01/13/1997)
54 MEMORANDUM by United States of America in support of final approval of the proposed settlement agreement (w/attachments) (gi) (Entered: 01/15/1997)
55 DECLARATION of Joan Gerring, MD re [54−1] (gi) (Entered: 01/15/1997)
56 DECLARATION of Susan K. Dubroff, PT re [54−1] (gi) (Entered: 01/15/1997)
57 DECLARATION of Nirbay Singh, Ph.D. re [54−1] (gi) (Entered: 01/15/1997)
58 MOTION by pltfs for final approval of proposed settlement agreement (w/proposed order) (gi) (Entered: 01/15/1997)
59 MEMORANDUM by pltfs in support of motion for final approval of proposed settlement agreement [58−1] (gi) (Entered: 01/15/1997)
60 CERTIFICATE of Compliance by pltfs with Court's order dated 12/2/96 concerning notification of class members (w/attachments) (Exhibits A & B placed under seal by order [78−1] on 1/16/97) (gi) Modified on 01/16/1997 (Entered: 01/15/1997)
61 MOTION by Parent−Guardian Association of Clover Bottom Developmental Center, Parent−Guardian Association of Greene Valley Developmental Center, The Winston Foundation, Theresa Ann Burkett, Marla Jane Kennedy, L. Joyner Greathouse, Joseph Martin Steffan, Margaret Ann Tierney, Robert Anthony Powell, Robert Lawrence Cox and Bruce Edward Ricks to intervene (gi) (Entered: 01/15/1997)
62 OBJECTIONS by intervenors to proposed settlement agreement (gi) (Entered: 01/15/1997)
63 OBJECTIONS by intervenors to class certification (w/attachments) (gi) (Entered: 01/15/1997)
64 LETTER from Estelle (Woods) Roark, mother of Randy Woods, re son's treatment at Clover Bottom (gi) (Entered: 01/15/1997)
65 LETTER from Cecil & Kathleen Puckett re daughter's treatment at Greene Valley (gi) (Entered: 01/15/1997)
66 LETTER from Joe & Carolyn Doares re hearing and conditions at Green Valley Developmental Center (gi) (Entered: 01/15/1997)
67 MOTION by pltfs to place exhibits A & B to Certificate of Compliance with Court's order dated 12/2/97 under seal (w/proposed order) (gi) (Entered: 01/15/1997)
68 LETTER from Tracy M. Kennedy, Marla Kennedy's mother, re conditions at Clover Bottom (gi) (Entered: 01/15/1997)
69 LETTER from Gail Hill re hearing on 1/27/97 (gi) (Entered: 01/15/1997)
70 LETTER from Clarence and Clara Wilkins (gi) (Entered: 01/15/1997)
71 LETTER from R. M. Kennedy re participation in hearing set for 1/27/97 (gi) (Entered: 01/15/1997)
72 LETTER (copy) from Bobby D. Thompson re hearing set for 1/27/97 (gi) (Entered: 01/15/1997)
73 ORDER by Judge Robert L. Echols granting motion for extension of time to file mtn to intervene [53−1] through 1/20/97. EOD 1/15/97 (cc: all counsel) (gi) (Entered: 01/15/1997)

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01/15/1997 01/15/1997 01/15/1997 01/15/1997 01/16/1997
01/16/1997 01/16/1997
01/16/1997 01/16/1997 01/16/1997 01/16/1997 01/16/1997 01/16/1997 01/17/1997 01/17/1997 01/17/1997 01/17/1997 01/17/1997
01/17/1997 01/17/1997 01/17/1997 01/17/1997 01/17/1997 01/17/1997 01/17/1997
01/17/1997

74 AMENDED CERTIFICATE of Notice by defts (gi) (Entered: 01/16/1997)
75 LETTER from Birdie Ellis re Green Valley (gi) (Entered: 01/16/1997)
76 LETTER from Aleta Davis re Green Valley (gi) (Entered: 01/16/1997)
77 LETTER (copy) from Ruth Armstrong re Clover Bottom (gi) (Entered: 01/16/1997)
78 ORDER by Judge Robert L. Echols granting motion to place exhibits A & B to Certificate of Compliance with Court's order dated 12/2/97 under seal [67−1]. EOD 1/16/97 (cc: all counsel) (gi) (Entered: 01/16/1997)
79 LETTER from E. P. Proctor re Clover Bottom (gi) (Entered: 01/16/1997)
80 LETTER from Elizabeth S. Greathouse re Clover Bottom (w/attached letter from Elizabeth S. and Lee J. Greathouse advising of their intention to participate in hearing on 1/27/97) (gi) (Entered: 01/16/1997)
81 LETTER from John A. Singleton and Mary Cook Singleton re Clover Bottom (gi) (Entered: 01/17/1997)
82 LETTER from Mrs. Ira J. Marrs re Clover Bottom (gi) (Entered: 01/17/1997)
83 LETTER from Kathryn E. Seifert re Greene Valley (gi) (Entered: 01/17/1997)
84 LETTER from Edith Hays re Greene Valley (w/attachment) (gi) (Entered: 01/17/1997)
85 LETTER from Grace Ellis re Clover Bottom (gi) (Entered: 01/17/1997)
86 LETTER from Norma Shirley Hawkins re hearing on 1/27/97 (gi) (Entered: 01/17/1997)
87 LETTER from Daniel M. Steffern, President, Greene Valley Parent/Guardian Assoc. (gi) (Entered: 01/17/1997)
88 LETTER from Deborah Shaw re participation in hearing on 1/27/97 (gi) (Entered: 01/17/1997)
89 LETTER from Shirley Bowling re Greene Valley (gi) (Entered: 01/17/1997)
90 LETTER from Rosa N. Adair re Clover Bottom (gi) (Entered: 01/17/1997)
91 LETTER from Kenneth P. Ezell, Jr., atty for Virginia Stewart, mother and legal guardian of Bevelyn Stewart, advising Mrs. Stewart wishes to participate in the hearing on 1/27/97 (gi) (Entered: 01/17/1997)
92 LETTER from atty Earle J. Schwarz enclosing two letters, from Gail Hill and E. P. Proctor (gi) (Entered: 01/17/1997)
93 LETTER from E. P. Proctor, Sr. re Clover Bottom (gi) (Entered: 01/17/1997)
94 LETTER from Gail Hill re Clover Bottom and attendance at the hearing on 1/27/97 (gi) (Entered: 01/17/1997)
95 LETTER from Eileen M. Petrelli re participation in hearing on 1/27/97 (gi) (Entered: 01/17/1997)
96 LETTER from Burnie W. Avrit re Clover Bottom (gi) (Entered: 01/17/1997)
97 COMMENTS of Caroline R. Marold re Clover Bottom (gi) (Entered: 01/17/1997)
98 LETTER from Mary Martin Schaffner, atty for Parent−Guardian Association of Clover Bottom, the Parent−Guardian Association of Greene Valley and The Winston Foundation, advising of her intention to participate in the hearing on 1/27/97 and of her intent to have Alfred A. Baumeister, Ph.D., participate (w/attachment) (gi) (Entered: 01/21/1997)
99 MEMORANDUM of proposed intervenors in support of motion to intervene [61−1] (gi) (Entered: 01/21/1997)

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01/17/1997
01/17/1997
01/21/1997
01/21/1997 01/21/1997
01/21/1997 01/21/1997
01/21/1997
01/21/1997 01/21/1997 01/21/1997
01/21/1997
01/21/1997 01/21/1997
01/21/1997 01/21/1997 01/21/1997
01/21/1997
01/21/1997
01/21/1997 01/21/1997
01/21/1997
01/21/1997 01/21/1997
01/21/1997 01/21/1997 01/21/1997

100 MEMORANDUM of proposed intervenors in support of objection [63−1] (gi) (Entered: 01/21/1997)
101 SUPPLEMENTAL Objection of proposed intervenors to proposed settlement agreement and Memorandum in support re [62−1] (gi) (Entered: 01/21/1997)
102 LETTER (copy) from Lynne Burkett advising she would like to participate in the hearing on 1/27/97 (gi) (Entered: 01/22/1997)
103 LETTER from Elise M. Troupe re Clover Bottom (gi) (Entered: 01/22/1997)
104 LETTER from Charles Hall, Board of Directors, People First of TN, Inc. (gi) (Entered: 01/22/1997)
105 LETTER from Glenda Smith re Clover Bottom (gi) (Entered: 01/22/1997)
106 LETTER from Robert Ellison advising he plans to attend the hearing on 1/27/97 (gi) (Entered: 01/22/1997)
107 LETTER from atty Cathy Morton advising family members of Jeffrey Honaker, resident of Greene Valley, reserve the right to participate in the hearing on 1/27/97 (gi) (Entered: 01/22/1997)
108 LETTER from Mary Tidwell Leslie re Clover Bottom (gi) (Entered: 01/22/1997)
109 LETTER from Donald Redden, President of the Arc of TN (gi) (Entered: 01/22/1997)
110 LETTER from Frances Jones (not signed) re Clover Bottom (gi) (Entered: 01/22/1997)
111 LETTER from Dorothy J. Ford and Jesse L. Ford re Clover Bottom (gi) (Entered: 01/22/1997)
112 LETTER from Patricia W. Sullivan re Clover Bottom (gi) (Entered: 01/22/1997)
113 LETTER from Grace H. Reid re Clover Bottom (w/attachments) (gi) (Entered: 01/22/1997)
114 LETTER from Helen Thompson re Clover Bottom (gi) (Entered: 01/22/1997)
115 LETTER from Donald E. Schroader, Sr. (gi) (Entered: 01/22/1997)
116 LETTER from Mr. and Mrs. William Henry re Clover Bottom (gi) (Entered: 01/22/1997)
117 LETTER (copy) from Wanda Burkett Owens, President of Parent Guardian Association, Clover Bottom (gi) (Entered: 01/22/1997)
118 LETTER from Edward Sewell, State President, People First of TN, Inc. (gi) (Entered: 01/22/1997)
119 LETTER from Crystal Goodman, People First of TN, Inc. (gi) (Entered: 01/22/1997)
120 LETTER from Delora Barnhart re Clover Bottom (w/attachment) (gi) (Entered: 01/22/1997)
121 LETTER (copy) from Wanda Burkett Owens re participation in hearing on 1/27/97 (gi) (Entered: 01/22/1997)
122 LETTER (copy) from Robert Thompson re Clover Bottom (gi) (Entered: 01/22/1997)
123 LETTER from Ann D. Gwin re participation in the hearing on 1/27/97 (gi) (Entered: 01/22/1997)
124 LETTER from Faye Vanhooser re Clover Bottom (gi) (Entered: 01/22/1997)
125 LETTER (not signed) from Betty Larson (gi) (Entered: 01/22/1997)
126 LETTER from Sherry Miller advising she would like to participate in the hearing on 1/27/97 (w/attachment) (gi) (Entered: 01/22/1997)

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01/22/1997 127 LETTER from pltfs' attorney, Earle J. Schwarz, w/ att'd letters from Freddia Cox, Grace Ellis, Mrs. Ira J. Marrs, and Deborah Shaw (af) Modified on 01/23/1997 (Entered: 01/23/1997)
01/22/1997 129 LETTER from Donald E. Schroader, Sr. to Judge Echols regarding settlement agreement (af) (Entered: 01/23/1997)
01/22/1997 130 LETTER from Mr. & Mrs. Harvey Carpenter to Judge Echols regarding settlement agreement (af) (Entered: 01/23/1997)
01/22/1997 131 LETTER from John T. Johnson, Ph.D., Executive Director of Comcare, to Judge Echols regarding settlement agreement (af) (Entered: 01/23/1997)
01/23/1997 128 LETTER from pltfs' counsel, Earle J. Schwarz, w/ att'd letters from Mr. & Mrs. Harvey Carpenter, Mary Tidwell Leslie, and Caroline R. Marold (af) (Entered: 01/23/1997)
01/24/1997 132 MOTION by pltfs for attorney Edward G. Connette to appear pro hac vice , and for attorney Judith A. Gran to appear pro hac vice (w/attachments and proposed order) (gi) (Entered: 01/27/1997)
01/24/1997 133 RESPONSE by pltfs in opposition to motion to intervene [61−1] (w/proposed order) (gi) (Entered: 01/27/1997)
01/24/1997 134 MEMORANDUM by pltfs in support of motion response [133−1] (w/attachment) (gi) (Entered: 01/27/1997)
01/27/1997 135 RESPONSE by United States to mtn to intervene [60−1], and to objections to proposed settlement agreement [61−1] (w/attachments) (gi) (Entered: 01/27/1997)
01/27/1997 136 LETTER from Sherry Miller (gi) (Entered: 01/29/1997)
01/27/1997 137 CLERK'S RESUME: Fairness hearing on final approval of proposed settlement held 1/27/97. Hearing to continue at 9:00 on 2/18/97. (Exhibit/witness list attached) C/R: Cathy Leigh (gi) (Entered: 01/29/1997)
01/29/1997 138 ORDER by Judge Robert L. Echols granting motion for attorneys Edward G. Connette [132−1] and Judith A. Gran [132−2] to appear pro hac vice. EOD 1/29/97 (cc: all counsel) (gi) (Entered: 01/29/1997)
01/29/1997 139 LETTER from Ella Ellis re settlement (gi) (Entered: 01/30/1997)
01/30/1997 140 TRANSCRIPT filed of proceedings held 1/27/97 before Judge Echols. (Court Reporter: Cathy Leigh) (gi) (Entered: 01/30/1997)
02/03/1997 141 LETTER from Jacquelyn F. Coleman re settlement (gi) (Entered: 02/04/1997)
02/06/1997 142 RESPONSE by defts to motion to intervene [61−1] (gi) (Entered: 02/07/1997)
02/13/1997 143 SUPPLEMENT by proposed intervenors to mtn to intervene [61−1] (w/attachment) (gi) (Entered: 02/14/1997)
02/13/1997 144 REPLY by proposed intervenors to defts' response to motion to intervene [61−1] (gi) (Entered: 02/14/1997)
02/13/1997 145 REPLY by proposed intervenors to responses in opposition by United States and People First to motion to intervene [61−1] (w/attachments) (gi) (Entered: 02/14/1997)
02/13/1997 146 SUPPLEMENT by proposed intervenors to their objection to proposed settlement agreement [62−1] (w/attached transcript and cy of remedial order in US v.TN, No. 92−2062−ML/A, WD/TN (gi) (Entered: 02/14/1997)
02/13/1997 147 TRANSCRIPT filed of proceedings held on 1/27/97 before Judge Echols (gi) (Entered: 02/14/1997)
02/13/1997 148 MOTION by proposed intervenors to transfer case to Western District of TN (gi) (Entered: 02/14/1997)
02/13/1997 149 MOTION by proposed intervenors for order requiring defts to cease transferring developmental center residents to community−based facilities or other institutions (gi) (Entered: 02/14/1997)
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02/14/1997 02/18/1997
02/21/1997
02/21/1997 02/21/1997 02/21/1997 02/21/1997
02/28/1997 02/28/1997 03/14/1997 04/17/1997 04/17/1997 05/08/1997
05/23/1997
05/23/1997 05/23/1997 07/03/1997 07/03/1997
07/23/1997 07/29/1997

150 REPLY by proposed intervenors to response of People First as to objection to class certification [63−1] (gi) (Entered: 02/18/1997)
151 CLERK'S RESUME: Fairness hearing/mtn to intervene hearing held 2/18/97. Hearing did not conclude. Parties to return on 2/21/97 at 3:00. (Exhibit/witness list attached) C/R: Cathy Leigh (gi) (Entered: 02/20/1997)
152 RESPONSE by defts to motion for order requiring defts to cease transferring developmental center residents to community−based facilities or other institutions [149−1] (w/attachment) (gi) (Entered: 02/21/1997)
153 DECLARATION by Thomas J. Sullivan re [152−1] (gi) (Entered: 02/21/1997)
154 RESPONSE by defts to motion to transfer case to Western District of TN [148−1] (gi) (Entered: 02/21/1997)
155 SUPPLEMENT to proposed intervenors' objection to proposed settlement agreement [62−1] (gi) (Entered: 02/21/1997)
156 CLERK'S RESUME: Fairness hearing/mtn to intervene continued on 2/21/97 from 2/18/97. Taken under advisement. Court will issue a written opinion. (Exhibit/witness list attached) C/R: Cathy Leigh (gi) (Entered: 02/26/1997)
157 NOTICE by pltfs of filing letter of Donna Craig relative to her cousin (gi) (Entered: 03/03/1997)
158 LETTER from Donna Craig re Clover Bottom (gi) (Entered: 03/03/1997)
159 LETTER from Edgar A. Soapes re Sunrise Community home (gi) (Entered: 03/18/1997)
160 TRANSCRIPT (Volume 2) filed of proceedings held on 2/18/97 before Judge Echols (gi) (Entered: 04/17/1997)
161 TRANSCRIPT (Volume 3) filed of proceedings held on 2/21/97 before Judge Echols (gi) (Entered: 04/17/1997)
162 RENEWED MOTION of proposed intervenors to require defts to cease transferring developmental center residents to community−based facilities or other institutions (w/attachment) (gi) (Entered: 05/09/1997)
163 RESPONSE by defts to motion to require defts to cease transferring developmental center residents to community−based facilities or other institutions [162−1] (w/attachments) (gi) (Entered: 05/27/1997)
164 DECLARATION of Thomas J. Sullivan re [163−1] (gi) (Entered: 05/27/1997)
165 DECLARATION of Wanda C. Black, Ed.D. re [163−1] (gi) (Entered: 05/27/1997)
166 MEMORANDUM OF THE COURT (cc: all counsel) EOD 7/3/97 (dm) (kb). (Entered: 07/03/1997)
167 ORDER by Judge Robert L. Echols conditionally granting motion for final approval of proposed settlement agreement [58−1] with the proviso that the parties continue to develop the specifics of Agreement in light of the Court's discussion in Memorandum 166 . Motion to intervene [61−1] GRANTED. Motion require defts to cease transferring developmental center residents to community−based facilities or other institutions [162−1] DENIED as MOOT. Motion for order requiring defts to cease transferring developmental center residents to community−based facilities or other institutions [149−1] DENIED. Motion to transfer case to Western District of TN [148−1] DENIED (cc: all counsel) EOD 7/3/97 (dm) (kb). (Entered: 07/03/1997)
168 JOINT MOTION to extend time to file and respond to fee application (w/proposed order) (gi) (Entered: 07/24/1997)
169 AGREED ORDER by Judge Robert L. Echols granting motion to extend time to file and respond to fee application [168−1] through 10/24/97. EOD 7/30/97 (cc: all counsel) (gi) (Entered: 07/30/1997)

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08/08/1997 08/08/1997 08/11/1997 08/13/1997
08/22/1997 09/23/1997 10/14/1997
10/21/1997
10/24/1997 11/04/1997 11/10/1997
11/17/1997
11/20/1997 11/20/1997 11/20/1997 11/26/1997
11/26/1997 12/01/1997 12/01/1997 12/04/1997
12/17/1997

170 MOTION by United States of America to clarify Court's order entered 7/3/97 (dm) (Entered: 08/08/1997)
171 MEMORANDUM by United States in support of motion to clarify Court's order entered 7/3/97 [170−1] (dm) (Entered: 08/08/1997)
PROPOSED Agreed Order (dm) (Entered: 08/11/1997)
172 AGREED ORDER by Magistrate Judge William J. Haynes Jr.: First Quarterly Status Conference set for 9:00 on 11/13/97 and 11/14/97. EOD 8/15/97 (cc: all counsel) (gi) (Entered: 08/15/1997)
173 RESPONSE by defts to motion to clarify Court's order entered 7/3/97 [170−1] (gi) (Entered: 08/25/1997)
174 RESPONSE (Memorandum in support) by pltfs, class representatives, People First to motion to clarify Court's order entered 7/3/97 [170−1] (gi) (Entered: 09/24/1997)
175 LETTER (copy) from Knox Co Association for Retarded Citizens to Thomas Sullivan, Deputy Commissioner, Department of Mental Health and Mental Retardation, State of TN, dated 10/10/97. (gi) (Entered: 10/17/1997)
176 LETTER from Michael S. Lottman, Chair, Quality Review Panel, dated 10/17/97, enclosing a copy of the Quality Review Panel Policies and Procedures and Written Comments of the Parties (gi) (Entered: 10/22/1997)
177 JOINT MOTION to extend time to file and respond to fee petition (w/proposed order) (gi) (Entered: 10/27/1997)
178 NOTICE by state defts of filing documentation in support of first quarterly status conference (gi) (Entered: 11/05/1997)
179 AGREED ORDER by Judge Robert L. Echols granting motion to extend time through 1/9/98 to file and respond to fee petition [177−1]. EOD 11/12/97 (cc: all counsel) (gi) (Entered: 11/12/1997)
180 NOTICE by state defts of filing documentation in support of first quarterly status conference held November 13 & 14, 1997. (Copy of status conference presentation and a copy of Quality Review Panel's summary report of the status of transition plan reviews attached) (gi) (Entered: 11/19/1997)
PROPOSED Magistrate Judge's Report No. 1 (af) (Entered: 11/21/1997)
181 NOTICE OF FILING declaration of Steve Roth per order of Court at status conference on 11/14/97 by state defts (af) (Entered: 11/21/1997)
182 DECLARATION of Steve Roth by state defts re [181−1] (af) (Entered: 11/21/1997)
183 OBJECTIONS to proposed Magistrate Judge's Report No. 1 prepared by state defts by intervenors and Parent Guardian Associations of Clover Bottom, Greene Valley and Nat T. Winston Developmental Centers (w/attachments) (gi) (Entered: 12/01/1997)
PROPOSED Magistrate Judge's Report No. 1 by intervenors (gi) (Entered: 12/01/1997)
184 NOTICE of Filing No. 4 by state defts re consumer satisfaction survey per Court's order (gi) (Entered: 12/02/1997)
185 DECLARATION of John Kaufman re [184−1] (gi) (Entered: 12/02/1997)
186 ORDER by Judge Robert L. Echols: Pending before the Court is motion to clarify [170−1] Court's order entered 7/3/97 [167−1]. The apparent intent of the mtn is to clarify and confirm the provisions of the Settlement Agreement as outlined in the order. The Court confirms the aforesaid intent of its order entered 7/3/97. If the pltf United States or defts believe that the Court's prior order needs further clarification in any specific respects, they may submit a separate order for the Court's consideration. EOD 12/4/97 (cc: all counsel) (gi) (Entered: 12/04/1997)
187 LETTER (copy) from Michael S. Lottman, Quality Review Panel, dated 12/16/97, enclosing a summary of transition plans (gi) (Entered: 12/22/1997)

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01/09/1998 188 JOINT MOTION to extend time to file and respond to fee petition (w/proposed order) (gi) (Entered: 01/12/1998)

01/13/1998 189 NOTICE by state defts of filing documentation in support of second quarterly status conference set for February 12 and 13, 1998 (Volumes I−V) (gi) (Entered: 01/14/1998)

01/13/1998 190 NOTICE by intervenors of intent to present testimony at the 2/12/98 status conference (gi) (Entered: 01/14/1998)

01/14/1998 191 AGREED ORDER by Judge Robert L. Echols granting motion to extend time to file and respond to fee petition [188−1] through 2/20/98. EOD 1/14/98 (cc: all counsel) (gi) (Entered: 01/14/1998)

01/20/1998 192 TRANSCRIPT filed of Status Conference held 11/13/97 before Magistrate Judge Haynes (gi) (Entered: 01/21/1998)

01/20/1998 193 TRANSCRIPT filed of Status Conference held 11/14/97 before Magistrate Judge Haynes (gi) (Entered: 01/21/1998)

01/28/1998 194 NOTICE by state defts of filing of additional documentation in support of second quarterly status conference (Volume VI attached) (gi) (Entered: 01/29/1998)

02/12/1998 195 NOTICE by state defts of filing No. 7 (two binders) of documentation in support of second quarterly status conference to be held on February 12 and 13, 1998 (gi) (Entered: 02/12/1998)

02/13/1998 196 NOTICE of filing declaration of Walter Rogers by defts (tlc) (Entered: 02/13/1998)

02/13/1998 197 DECLARATION of Walter Rogers submitted by defts (tlc) (Entered: 02/13/1998)

02/13/1998

PROPOSED MAGISTRATE'S REPORT NO. 2 (tlc) (Entered: 02/13/1998)

02/20/1998 198 JOINT MOTION to extend time to file and respond to fee petition (w/proposed order) (gi) (Entered: 02/23/1998)

02/20/1998

199 REPORT NO. 2 by Magistrate Judge William J. Haynes Jr.: Second quarterly status conference required by the conditionally approved settlement agremeent in this matter was held on 2/12/98. Next quarterly status conference set for 9:00 on 5/21/98. EOD 2/24/98 (cc: all counsel) (gi) (Entered: 02/24/1998)

02/27/1998 200 ORDER by Judge Robert L. Echols extending time until 3/27/98, for pltfs and defts to file and respond to pltf's fee petition (cc: all counsel) (EOD 2/27/98) (tlc) (Entered: 02/27/1998)

03/02/1998 201 NOTICE by state defts of filing No. 9 UNDER SEAL (gi) (Entered: 03/03/1998)

03/06/1998 202 NOTICE by state defts of filing no. 10− Report of Dr. Adodot Hays (gi) (Entered: 03/09/1998)

04/21/1998 203 NOTICE by state defts of filing number 11 in support of third quarterly status conference set for 5/21/98 (Volumes I−IV) (gi) (Entered: 04/22/1998)

04/21/1998 204 NOTICE by intervenors of request to discuss certain issues at 5/21/98 status conference (gi) (Entered: 04/22/1998)

05/21/1998 205 NOTICE by state defts of filing no. 12 of documentation in support of third quarterly status conference (gi) (Entered: 05/21/1998)

05/26/1998

PROPOSED Magistrate Judge's Report No. 3 (gi) (Entered: 05/27/1998)

05/27/1998 206 MAGISTRATE JUDGE'S REPORT NO. 3 by Magistrate Judge William J. Haynes Jr. Third quarterly status conference held 5/21/98 ; Fourth quarterly status conference set for 9:00 8/25/98 (cc: all counsel) (EOD 5/27/98) (jb) (Entered: 05/27/1998)

05/27/1998 207 NOTICE by state defts of filing no. 13: Two letters dated 3/27/98 and 4/14/98 from Michael S. Lottman (gi) (Entered: 05/28/1998)

05/28/1998 208 OBJECTIONS by Parent−Guardian Associations of Cloverbottom, Greene Valley and Nat Winston Foundation to proposed Magistrate Judge's Report No. 3 [206−1] (w/proposed alternative Magistrate Report No. 3 attached) (seal) (Entered:

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06/25/1998 06/26/1998 06/26/1998 07/06/1998 07/27/1998 07/29/1998 08/13/1998 08/13/1998 08/21/1998
08/21/1998
08/25/1998 08/26/1998 08/28/1998 08/28/1998 08/31/1998 09/03/1998 09/09/1998

05/29/1998)
209 LETTER to Magistrate Judge Haynes from Michael S. Lottman of "Quality Review Panel" re progress in resolving the Dawn of Hope medical care situtation; w/attachments (tlc) (Entered: 06/26/1998)
210 TRANSCRIPT filed of Status Conference held 5/21/98 before Judge Haynes (Volume I) (gi) (Entered: 06/29/1998)
211 TRANSCRIPT filed of Status Conference held 5/21/98 before Judge Haynes (Volume II) (gi) (Entered: 06/29/1998)
212 LETTER from Robert C. Bowman for USA withdrawing as one of the counsels in this case; Laurie Weinstein will continue to be counsel of record (jb) (Entered: 07/08/1998)
213 NOTICE by intervenors in accordance with the Court's directives requesting listed topics to be discussed at status conference (gi) (Entered: 07/28/1998)
214 NOTICE by state defts of filing no. 14 in support of the fourth quarterly status conference set on 8/25/98 (w/attached volumes I−IV) (gi) (Entered: 07/30/1998)
215 TRANSCRIPT filed of status conference held 2/12/98 before Judge Haynes (Volume I of II) (gi) (Entered: 08/14/1998)
216 TRANSCRIPT filed of status conference held 2/12/98 before Judge Haynes (Volume II of II) (gi) (Entered: 08/14/1998)
217 MOTION by People First of TN, Bonnie Chaffee, Dowell Harris, Effie Estelle Pippin, Sandra Jo Proctor, Cynthia Dawn Sommerville, Kevin Troupe, Juanita Wright, Mary Ann Avery, Audriniece Hollister, Kenneth Lee, Eddie Jones, Larry Wayne Vaughn, Charles Wilhoite, Carolyn Britt, Rebecca Workman, Jenny Belle Greenwood, David Balthrop, Terry Beaty for attorney Roger Manus to appear pro hac vice (w/attachments & proposed order) (gi) (Entered: 08/26/1998)
218 ATTORNEY APPEARANCE for People First of TN, Bonnie Chaffee, Dowell Harris, Effie Estelle Pippin, Sandra Jo Proctor, Cynthia Dawn Sommerville, Kevin Troupe, Juanita Wright, Mary Ann Avery, Audriniece Hollister, Kenneth Lee, Eddie Jones, Larry Wayne Vaughn, Charles Wilhoite, Carolyn Britt, Rebecca Workman, Jenny Belle Greenwood, David Balthrop, Terry Beaty by Roger Manus (gi) (Entered: 08/26/1998)
219 NOTICE by state defts of filing no. 15: Documentation in support of fourth quaterly status conference (gi) (Entered: 08/26/1998)
220 ORDER by Magistrate Judge William J. Haynes Jr. granting motion for attorney Roger Manus to appear pro hac vice [217−1]. EOD 8/28/98 (cc: all counsel) (gi) (Entered: 08/28/1998)
PROPOSED Magistrate Judge's Report No. 4 (gi) (Entered: 08/31/1998)
221 NOTICE by state defts of filing the report of the Quality Review Panel for the Annual System Review conducted at Clover Bottom Developmental Center (gi) (Entered: 08/31/1998)
222 MAGISTRATE JUDGE'S REPORT NO. 4 by Magistrate Judge William J. Haynes Jr.: Fourth quarterly status conference held 8/25/98. Fifth quarterly status conference set for 9:00 on 12/3/98. EOD 9/2/98 (cc: all counsel) (gi) (Entered: 09/02/1998)
223 NOTICE by Intervenors for Parent−Guardian Associations of filing letter dated 7/29/98 from counsel for state defts to counsel for parties which addresses the death of class member James Ellis (gi) (Entered: 09/04/1998)
224 NOTICE by state defts of filing no. 17 to include number of class members residing in community and developmental centers each month since July 1997 and the number of agencies serving class members who, based on the annual quality assurance survey, have not been recommended for deemed status from 7/3/97 until 8/25/98 (gi) (Entered: 09/10/1998)

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10/08/1998 10/13/1998 10/19/1998 11/03/1998 11/16/1998 11/19/1998 11/23/1998
11/30/1998 11/30/1998 12/02/1998
12/02/1998 12/03/1998 12/07/1998 12/07/1998 12/08/1998
12/11/1998
12/15/1998 12/21/1998 01/12/1999 01/14/1999

225 NOTICE by state defts of filing no. 18−annual audits of developmental centers and community placements required by Settlement Agreement (gi) (Entered: 10/09/1998)
226 NOTICE by pltf's counsel, Roger Manus, of change of address to 224 South Dawson Street, Raleigh, NC (titled Notice of Appearance) (gi) (Entered: 10/14/1998)
227 LETTER from Michael S. Lottman, Quality Review Panel re West TN community review for the presence of "red flag" issues (gi) (Entered: 10/21/1998)
228 NOTICE by state defts of filing documentation in support of fifth quarterly status conference set for 12/3/98 (gi) (Entered: 11/04/1998)
229 LETTER from Quality Review Panel containing preliminary report of results of review conducted September 14−18, 1998 (gi) (Entered: 11/19/1998)
230 NOTICE of change of address of atty Roger Manus to 401 Oberlin Rd, Suite 230, Raleigh, NC 27605 (gi) (Entered: 11/20/1998)
231 LETTER from Michael S. Lottman, Quality Review Panel, to Magistrate Judge Haynes re individuals qualified to perform the independent professional evaluations to determine whether or not class members who are not recommended for community placment by their support planning teams should be considered for placement in the community; w/attachments (tlc) (Entered: 11/24/1998)
232 TRANSCRIPT filed of Status Conference held 8/25/98 (Volume 1 of 2) (gi) (Entered: 11/30/1998)
233 TRANSCRIPT filed of Status Conference held 8/25/98 (Volume 2 of 2) (gi) (Entered: 11/30/1998)
234 LETTER from Michael S. Lottman, Chair of the Quality Review Panel, regarding the matter of conducting independent professional reviews pursuant to section IV (A)(1) of the Settlement Agreement for class members (w/ att'd resume of Tony Blake Bright) (af) (Entered: 12/02/1998)
235 LETTER from Michael S. Lottman, Chair of the Quality Review Panel, with attached report of the Quality Review Panel's annual system review of the services and supports provided to class members (af) (Entered: 12/02/1998)
236 NOTICE by state defts of filing no. 20: Status conference presentation (gi) (Entered: 12/03/1998)
PROPOSED Magistrate Judge's Report No. 5 Order (gi) (Entered: 12/08/1998)
237 NOTICE by state deft's of filing no. 21−Quality Review Panel for Annual System Review conducted at Greene Valley Developmental Center (gi) (Entered: 12/08/1998)
238 MAGISTRATE JUDGE'S REPORT #5 by Magistrate Judge William J. Haynes Jr.; report contains dates and information to be submitted by state defts; Status conference held 12/3/98; next status conference set for 9:00 on 1/22/99 (cc: all counsel) (EOD 12/9/98) (tlc) (Entered: 12/09/1998)
239 NOTICE by state defts of filing no. 22−Report of status of number of psychiatrists available at Greene Valley Developmental Center and state regulations re number of persons allowed to share bedroom in a community residence (gi) (Entered: 12/14/1998)
240 LETTER from Michael S. Lottman, Chair, Quality Review Panel, dated 12/11/98, to Judge Haynes re whether class members in community reviews were represented by guardians or conservators (gi) (Entered: 12/16/1998)
241 LETTER from Michael S. Lottman, Chair of Quality Review Panel, dated 12/17/98, to Judge Haynes, re "red flag" issues (gi) (Entered: 12/22/1998)
242 NOTICE by state defts of filing no. 23 (w/attached items 1−13) (gi) (Entered: 01/13/1999)
243 MOTION by pltfs for mediation regarding access to records (w/attachments) (gi) (Entered: 01/15/1999)

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01/14/1999 01/19/1999 01/22/1999 01/25/1999 01/26/1999 01/26/1999 01/27/1999
01/29/1999
02/01/1999
02/17/1999 02/17/1999 02/18/1999
03/05/1999 03/25/1999 03/29/1999 03/29/1999 03/31/1999 04/03/1999 04/09/1999

244 MEMORANDUM by pltfs in support of motion for mediation regarding access to records [243−1] (gi) (Entered: 01/15/1999)
245 TRANSCRIPT filed of status conference held 12/3/98 (gi) (Entered: 01/19/1999)
246 NOTICE by state defts of filing no. 24−status conference slide prsentation (gi) (Entered: 01/22/1999)
PROPOSED Magistrate Judge's Report No. 6 (gi) (Entered: 01/26/1999)
PROPOSED Order re release of records at Clover Bottom and Green Valley Developmental Center (gi) (Entered: 01/27/1999)
247 MAGISTRTE JUDGE'S REPORT NO. 6 by Magistrate Judge William J. Haynes Jr.: Status conference held 1/22/99. Ddls outlined in order. Status conference set for 9:00 on 3/18/99. EOD 1/28/99 (cc: all counsel) (gi) (Entered: 01/28/1999)
248 ORDER by Magistrate Judge William J. Haynes Jr.: It is ordered that the custodian of medical records for any deceased person who resided at Clover Bottom Developmental Center or Green Valley Developmental Center at any time since 12/22/92, shall release such records upon request by any party or member of the Quality Review Panel in this matter. Parties shall maintain confidentiality of such records as required by provisions of the Settlement Agreement. EOD 1/28/99 (cc: all counsel) (gi) (Entered: 01/28/1999)
249 NOTICE by state defts of filing no. 25−Columbus Medical external peer review from October 1998 and reacted copy of list containing names of primary care physician for class members in community who died between 1/1/98 and 1/22/99 (gi) (Entered: 02/01/1999)
250 NOTICE by state defts of filing no. 26−report on expected target dates to receive reports on 183 class members to be seen in psychopharmacology clinics; updated report on trend analysis and redacted list re guardian of class members (gi) (Entered: 02/02/1999)
251 MOTION by USA to reschedule due date of memorandum and next status conference (gi) (Entered: 02/18/1999)
252 MEMORANDUM by USA in support of motion to reschedule due date of memorandum [251−1] and next status conference [251−2] (gi) (Entered: 02/18/1999)
253 ORDER by Magistrate Judge William J. Haynes Jr. granting motion to reschedule due date of memorandum [251−1] and next status conference [251−2]. Status conference is reset for 4/20/99 at 9:00. Memorandum on settlement agreement shall be filed by 4/9/99. EOD 2/19/99 (cc: all counsel) (gi) (Entered: 02/19/1999)
254 NOTICE (Letter form) from Chair Michael S. Lottman of filing Annual System Review West TN Community Supports and Services (gi) (Entered: 03/11/1999)
255 LETTER from Michael S. Lottman of Quality Review Panel regarding missing pages in its W. TN report. (lah) (Entered: 03/26/1999)
256 ATTORNEY APPEARANCE for USA by Andrea Picciotti−Bayer (gi) (Entered: 03/30/1999)
257 NOTICE by USA of filing its letter to state defts suggesting language to be considered for inclusion in brochure for providers re state's obligation and commitment under Settlement Agreement (gi) (Entered: 03/30/1999)
258 LETTER from Michael S. Lottman, dated 3/30/99, of Quality Review Panel re additional missing pages in West TN community report (gi) (Entered: 03/31/1999)
378 ORDER by Judge Robert L. Echols granting motion to extend time to file and respond to fee petition [370−1] up to 5/12/00 (EOD 4/4/00) (cc: all counsel) (mg) (Entered: 04/04/2000)
259 STATEMENT of intent and issues by USA (w/attached Exhibits A−E) (gi) (Entered: 04/11/1999)

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04/09/1999
04/09/1999 04/09/1999 04/09/1999 04/10/1999
04/19/1999 04/19/1999
04/19/1999
04/20/1999 04/20/1999 04/23/1999 04/26/1999
04/27/1999 04/29/1999 04/30/1999 04/30/1999
05/04/1999 05/04/1999 05/20/1999 05/25/1999
06/07/1999

260 STATEMENT of Intent and Issues to be raised by intervenor Parent−Guardian Asso in response to Magistrate Judge's order [247−2]; w/attached exhibits A − J (tlc) (Entered: 04/12/1999)
261 STATEMENT of Intent; submitted by defts (tlc) (Entered: 04/12/1999)
262 STATEMENT of issues, evidence and intent; submitted by deft (tlc) (Entered: 04/12/1999)
263 LETTER from Michael S. Lottman, Chair of Quality Review Panel, dated 4/8/99, to Judge Haynes re statement of intent (gi) (Entered: 04/14/1999)
380 NOTICE by Michael Lottman of filing preliminary draft of the relevant findings and recommendations from recent Middle TN commnity programs. (mg) (Entered: 04/11/2000)
264 ATTORNEY APPEARANCE by Shelley R. Jackson for pltf USA (jb) (Entered: 04/19/1999)
265 MOTION by intervenor Parent−Guardian Asso, intervenor Parent−Guard Greene & intervenor Winston Foundation to compel (w/attached A & B) (jb) (Entered: 04/20/1999)
266 MEMORANDUM by intervenor Parent−Guardian Asso, intervenor Parent−Guard Greene & intervenor Winston Foundation in support of motion to compel [265−1] (jb) (Entered: 04/20/1999)
267 NOTICE by defts of filing no. 27 (w/attached copy of defts' status conference slide presentation) (jb) (Entered: 04/21/1999)
268 LETTER from Michael S. Lottman, Quality Review Panel, re settlement of case. (jb) (Entered: 04/21/1999)
PROPOSED Magistrate Judge's Report No. 7 (gi) (Entered: 04/26/1999)
269 MAGISTRATE JUDGE'S REPORT NO. 7 by Magistrate Judge William J. Haynes Jr.: Quarterly status conference held 4/20/99. Next status conference set for 9:00 on 6/23/99. EOD 4/27/99 (cc: all counsel) (gi) (Entered: 04/27/1999)
270 NOTICE by USA of filing redacted version of Exhibit B of its Statement of Intent and Issues (gi) (Entered: 04/28/1999)
271 RESPONSE by defts to motion to compel [265−1] (gi) (Entered: 04/30/1999)
272 NOTICE by Parent−Guardian Associations of filing their proposed Magistrate Judge's Report No. 7 (w/cy attached) (gi) (Entered: 05/03/1999)
273 ORDER by Magistrate Judge William J. Haynes Jr.: For reasons stated at the 4/20/99 status conference, a special status conference is set for 9:00 on 7/27/99. This conference shall be devoted exclusively to education and the defts' compliance with the Individuals with Disabilities Education Act for qualified class members. EOD 5/3/99 (cc: all counsel) (gi) (Entered: 05/03/1999)
274 RESPONSE by defts to intervenors' proposed Magistrate Judge's Report No. 7 [272−1] (gi) (Entered: 05/05/1999)
275 REPLY by intervenors to response to motion to compel [265−1] (gi) (Entered: 05/05/1999)
276 LETTER (cy) from defts' counsel, Dianne Stamey Dycus, to Roger Manus, dated 4/28/99, re proposed Magistrate Judge's Report No. 7 (gi) (Entered: 05/24/1999)
277 ORDER by Magistrate Judge William J. Haynes Jr.: The Neglect and Abuse Conference is reset for 9:00 on 7/7/99. The Education Conference is reset for 9:00 on 8/12/99. EOD 5/25/99 (cc: all counsel) (gi) (Entered: 05/25/1999)
278 NOTICE OF FILING documentation for eighth quarterly status conference set 7/7/99 by state defts Clover Bottom Devel, Don Sundquist, Julia Bratcher, Mental Health/Retard, Health TN Dept, Fredia S. Wadley, Finance, TN Dept of, Rusty Seibert (document att'd) (af) (Entered: 06/08/1999)

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06/17/1999 06/28/1999 06/28/1999 06/28/1999 06/30/1999 07/08/1999 07/08/1999 07/13/1999 07/14/1999
07/19/1999
07/20/1999 07/30/1999
08/05/1999 08/09/1999 08/11/1999 08/18/1999 08/19/1999 08/23/1999

279 LETTER from Michael S. Lottman, Chair Quality Review Panel, dated 6/15/99, w/attached report re visit to class member Donald B. (gi) (Entered: 06/18/1999)
280 JOINT MOTION by People First of TN, et al, USA and State of TN for unconditional final approval of settlement agreement (gi) (Entered: 06/29/1999)
281 MEMORANDUM by USA in support of motion for unconditional final approval of settlement agreement [280−1] (gi) (Entered: 06/29/1999)
282 MEMORANDUM by People First of TN, et al, Class Representatives and State of TN, et al, in support of motion for unconditional final approval of settlement agreement [280−1] (gi) (Entered: 06/29/1999)
283 NOTICE by state defts of filing no. 29−documentation in support of eighth quarterly status conference to be held on 7/7/99 (gi) (Entered: 07/01/1999)
284 ORDER by Magistrate Judge William J. Haynes Jr. denying motion to compel [265−1] without prejudice to renew upon the District Judge's ruling upon motion for final approval. (cc: all counsel) EOD 7/9/99 (lah) (Entered: 07/09/1999)
285 LETTER from Mary Martin Schaffner, atty for pltf−intervenors, re filing a timely response to mtn for final approval of settlement agreement (gi) (Entered: 07/09/1999)
PROPOSED Magistrate Judge's Report No. 8 (gi) (Entered: 07/13/1999)
286 MAGISTRATE JUDGE'S REPORT NO. 8 by Magistrate Judge William J. Haynes Jr.: Status conference held 7/7/99. Follow−up status conference set for 1/6/00. State defts shall file any reports/updates by 12/27/99. EOD 7/15/99 (cc: all counsel) (gi) (Entered: 07/15/1999)
287 ORDER by Magistrate Judge William J. Haynes Jr.: Parent−Guardian Assoc may have 10 days to notify parties of changes they propose to settlement agreement. Other parties may have 10 days to respond to changes to settlement agreement suggested by Parent−Guardian Assoc. Parent−Guardian Assoc may have 30 days to respond to motion for final approval of settlement agreement [280−1]. EOD 7/20/99 (cc: all counsel) (gi) (Entered: 07/20/1999)
288 NOTICE by state defts of filing no. 30: annual audits of developmental center and community placements (gi) (Entered: 07/20/1999)
289 NOTICE by intervenor parent−guardian associations of filing letter dated 5/25/99 from Educational Consultant Robert B. Tipps to Joseph E. Fisher, Executive Director of Special Education Division of TN Dept of Education and report dated 5/14/99 containing results of review of programs and services provided for class members at Harris−Hillman School (gi) (Entered: 08/02/1999)
290 NOTICE by state defts of filing no. 31−reports of Local Educaiton Agencies (gi) (Entered: 08/06/1999)
291 LETTER from atty Mary Martin Schaffner, dated 8/5/99, to Judge Haynes requesting to be excused from the morning portion of the hearing on 8/10/99 (gi) (Entered: 08/10/1999)
292 NOTICE by USA of filing memorandum outlining areas of concerning after reviewing Individual Education Plans for school age class members (gi) (Entered: 08/11/1999)
PROPOSED Magistrte Judge's Report No 9 (gi) (Entered: 08/19/1999)
293 ORDER by Magistrate Judge William J. Haynes Jr.: Status conference held 8/12/99. Topic was educational services for school−age class members. Next status conference set for 9:00 on 10/19/99. EOD 8/23/99 (cc: all counsel) (gi) (Entered: 08/23/1999)
294 ORDER by Magistrate Judge William J. Haynes Jr. denying as moot motion for mediation regarding access to records [243−1], except for records covered by the order on the Parent−Guardian mtn to compel (DE #284). As to these documents, this request is denied pending a ruling on the approval of the plan. EOD 8/24/99 (cc: all counsel) (gi) (Entered: 08/24/1999)

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08/24/1999
08/30/1999
08/31/1999 09/13/1999 09/14/1999 09/20/1999
10/05/1999 10/18/1999 10/18/1999 10/19/1999 10/22/1999 10/25/1999 10/25/1999 10/26/1999 10/27/1999
10/27/1999

295 LETTER to Judge Haynes from Stephanie Walker, Special Education Supervisor, Roan Co Dept of Education, dated 8/6/99, advising she will be unable to attend the meeting on 8/12/99 (w/attachments) (gi) Modified on 08/27/1999 (Entered: 08/25/1999)
297 LETTER from attorney Dudley M. West to Judges Echols and Haynes advising that the Parent−Guardian Associations and the other parties in this case have reached a settlement pursuant to which the settlement agreement will be amended in several respects (gi) (Entered: 09/02/1999)
296 NOTICE by defts of filing no. 32−revised plan on provision of behavioral supports and mental health services (gi) (Entered: 09/01/1999)
PROPOSED Order re Settlement Agreement (gi) (Entered: 09/14/1999)
298 NOTICE by defts of filing No. 33−report on availability of State's "set asides"; report on number of school−age class members who have received functional behavior analysis and a copy of the monitoring checklist (gi) (Entered: 09/15/1999)
299 AGREED ORDER by Judge Robert L. Echols: All parties to this action have reached a settlement pursuant to which the conditionally approved Settlement Agreement shall be modified in certain respects as requested by the Parent−Guardian Associations of Cloverbottom, Green Valley and Nat T. Winston Centers. The Parent−Guardian Associations shall become a party and signatory to the Settlement Agreement entitled to enforce all provisions of the Agreement and the Parent−Guardian Associations shall not oppose unconditional final approval of the Settlemnt Agreement as modified by this order. EOD 9/21/99 (cc: all counsel) (gi) (kb). (Entered: 09/21/1999)
300 NOTICE Of Filing No. 34 by State Defts. (attachments) (bj) (Entered: 10/06/1999)
301 NOTICE by USA of filing a memorandum outlining areas of concern after reviewing the State of Tn's revised plan (gi) (Entered: 10/19/1999)
302 NOTICE by People First of TN of filing summary comments for 10/19/99 status conference re mental health and behavior support services (gi) (Entered: 10/19/1999)
303 NOTICE by state defts of filing no. 35 (w/cy of defts' presentation re behavioral supports and mental health services) (gi) (Entered: 10/19/1999)
PROPOSED Magistrate Judge's Report No. 10 (gi) (Entered: 10/25/1999)
PROPOSED Magistrate Judge's Report No. 11 (gi) (Entered: 10/26/1999)
304 NOTICE by state defts of filing no. 36−Report of Compliance (gi) (Entered: 10/26/1999)
305 LETTER from Michael S. Lottman, Chair of Quality Review Panel, dated 10/22/99, w/attached Individual Urgent Issues, West TN Community Review (gi) (Entered: 10/27/1999)
306 ORDER by Magistrate Judge William J. Haynes Jr.: Within 7 days of entry of this order, defts shall file a written report on their efforts to remedy the urgent problems of the class members identified in this report of the Quality Review Panel re [305−1]. EOD 10/27/99 (cc: all counsel) (gi) (Entered: 10/27/1999)
307 AGREED ORDER by Magistrate Judge William J. Haynes Jr.: The Quality Review Panel appointed pursuant to the settlement agreement is entitled to inspect and copy all records relating to the care and treatment of any class members at the Middle TN Mental Health Institute or any other public or private mental health facility. The QRP is entitled to inspect the premises and programs and interiew any officer employee or practioner at MTMHI or any other public or private mental health facility for the purpose of investigating the class member fatality. As agreed by the state defts, pending further order of the Court, they will ensure that only private facilities are utilized for inpatient mental health treatment of class members in the Middle TN region. See order for complete details. EOD 10/27/99 (cc: all counsel)**This order MODIFIED by order [719−1] entered 11/5/04** (gi) Modified on 11/05/2004 (Entered: 10/27/1999)

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10/27/1999
10/27/1999
10/28/1999 10/28/1999 10/28/1999 10/28/1999 10/28/1999 11/02/1999 11/04/1999 11/05/1999 11/05/1999 11/09/1999 11/15/1999 11/15/1999 11/17/1999 11/17/1999 11/18/1999 11/18/1999 11/23/1999

308 MAGISTRTE JUDGE'S REPORT NO. 10 by Magistrate Judge William J. Haynes Jr.: Status conference held 10/19/99 on behavioral supports and mental health services. Next status conference to be held on 1/6/00. EOD 10/27/99 (cc: all counsel) (gi) (Entered: 10/27/1999)
309 MAGISTRATE JUDGE'S REPORT NO. 11 by Magistrate Judge William J. Haynes Jr.: Telephone status conference held on 10/21/99 re efforts of defts to ensure that only private facilities are utilized for inpatient mental health treatment of class members in the Middle TN region. Status conference shall be held in mid April, 2000. EOD 10/27/99 (cc: all counsel) (gi) (Entered: 10/27/1999)
310 MOTION by Community Rehabilitation Agencies of TN, Inc. to intervene (gi) (Entered: 10/29/1999)
311 MEMORANDUM by intervenor Comm Rehab of TN in support of motion to intervene [310−1] (w/attached exhibits A &B) (gi) (Entered: 10/29/1999)
312 AFFIDAVIT of Mindy Schuster re [310−1] (gi) (Entered: 10/29/1999)
313 MOTION by intervenor Comm Rehab of TN to participate in proceedings pending a decision on mtn to intervene (gi) (Entered: 10/29/1999)
314 CONSENT to settlement agreement by intervenor Comm Rehab of TN (gi) (Entered: 10/29/1999)
315 AMENDMENT by intervenor Comm Rehab of TN to mtn to intervene [310−1] (gi) (Entered: 11/03/1999)
316 LETTER from Michael S. Lottman, Chair of Quality Review Panel, enclosing cy of the report of the ARP's Annual System Review, Middle TN Community Supports and Services (gi) (Entered: 11/05/1999)
317 NOTICE by state defts of filing no. 37−report re efforts to remedy urgernt issues of class members identified by QRP in report to the Court dated 10/22/99 (gi) (Entered: 11/08/1999)
318 NOTICE by intervenor Parent−Guardian Associations of filing letter dated 11/4/99 from Robin Atwood, Executive Director of Community Rehabilitation Agencies of TN (gi) (Entered: 11/08/1999)
319 NOTICE by state defts of filing no. 38−curriculum vitae of Dr. George Zukotynski; revised draft of Psychotropic Medication Adminsitration Guidelines policy and copies of revised draft policies previously filed in ntc. no. 34 (gi) (Entered: 11/10/1999)
320 RESPONSE by defts to motion to participate in proceedings pending a decision on mtn to intervene [313−1] (gi) (Entered: 11/16/1999)
321 RESPONSE by defts to motion to intervene [310−1] (gi) (Entered: 11/16/1999)
322 RESPONSE by USA in opposition to motion to intervene [310−1] and to participate in proceedings pending a decision on mtn to intervene [313−1] (w/attached exhibit 1) (gi) (Entered: 11/18/1999)
323 RESPONSE by pltfs FILED UNDER SEAL to motion to intervene [310−1] (w/attached exhibit A & proposed order) (gi) (Entered: 11/18/1999)
324 TRANSCRIPT filed of status conference held 7/7/99 before Magistrate Judge Haynes (gi) Modified on 11/22/1999 (Entered: 11/19/1999)
325 TRANSCRIPT filed of status conference held 10/19/99 before Magisrate Judge Haynes (Court Reporter: Cindi Kellam) (gi) Modified on 11/22/1999 (Entered: 11/19/1999)
326 ORDER by Judge Robert L. Echols granting motion for unconditional final approval of settlement agreement [280−1]. The original settlement agreement conditionally approved by the Court by order [166−1] [167−1] and as modified by agreed order [299−1] is unconditionally and finally approved. Case will remain open during implementation of the Settlement Agreement. EOD 11/23/99 (cc: all counsel) (gi) (kb). (Entered: 11/23/1999)

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11/23/1999 11/24/1999 11/30/1999
11/30/1999 12/02/1999 12/03/1999 12/06/1999 12/08/1999 12/09/1999
12/14/1999 12/15/1999 12/16/1999 12/17/1999 12/17/1999 12/21/1999 12/27/1999 01/10/2000 01/13/2000 01/13/2000
01/18/2000

327 ORDER by Judge Robert L. Echols approving settlement agreement between People First, the United States and the State of TN. EOD 11/23/99 (cc: all counsel) (gi) (kb). (Entered: 11/23/1999)
328 MOTION by intervenor Comm Rehab of TN for extension of time through 12/14/99 to reply to response to mtn to intervene (gi) (Entered: 11/29/1999)
329 ORDER by District Judge William J. Haynes Jr. granting motion of Community Rehabilitation Agencies of TN for extension of time through 12/14/99 to reply to response to mtn to intervene [328−1]. EOD 12/1/99 (cc: all counsel) (gi) (Entered: 12/01/1999)
330 ORDER by District Judge William J. Haynes Jr.: The two status conferences set for 12/10/99 and 1/6/00 are cancelled. Next status conference is set for 9:00 on 1/13/00. EOD 12/1/99 (cc: all counsel) (gi) (Entered: 12/01/1999)
331 JOINT MOTION of pltfs, class representatives and defts to extend time to file and respond to fee petition (w/proposed order) (gi) (Entered: 12/03/1999)
332 COMMENTS of pltfs, class representatives on draft community policies of defts (gi) (Entered: 12/06/1999)
333 COMMENTS by USA re proposed state policies concerning behavior supports for class members with mental health needs (w/attached exhibits A & B) (gi) (Entered: 12/06/1999)
334 ORDER by Judge Robert L. Echols: Case reassigned to Magistrate Judge Juliet E. Griffin pursuant to appointment of Judge Haynes as US District Judge. Scheduled ddls remain in effect. EOD 12/8/99 (cc: all counsel) (gi) (Entered: 12/08/1999)
335 ORDER by Judge Robert L. Echols granting motion to extend time to file and respond to fee petition [331−1]. Pltfs and defts have through 3/31/00 to file and respond to pltf's fee petition. EOD 12/10/99 (cc: all counsel) (gi) (Entered: 12/10/1999)
336 REPLY by proposed intervenor Comm Rehab of TN to response to motion to intervene [310−1] (gi) (Entered: 12/15/1999)
337 RESPONSE by Parent−Guardian Associations to motion to intervene [310−1] (gi) (Entered: 12/16/1999)
338 MOTION by defts to clarify purpose of status conference (w/proposed order) (gi) (Entered: 12/17/1999)
339 MOTION by intervenor Parent−Guardian Asso to extend time to file and respond to fee petition (bj) (Entered: 12/20/1999)
PROPOSED Agreed Order extending time. (bj) (Entered: 12/20/1999)
340 AGREED ORDER by Judge Robert L. Echols: granting motion to extend time to file and respond to fee petition [339−1] until 3/31/00. (cc: all counsel) EOD 12/22/99 (bj) (Entered: 12/22/1999)
341 NOTICE by state defts of filing No. 39−materials in suppport of follow−up status conference re protection from harm issues (gi) (Entered: 12/28/1999)
342 LETTER from Michael S.Lottman, Chair, Quality Review Panel, dated 12/2/99, re draft behavior support and psychotropic medication policies (gi) (Entered: 01/11/2000)
343 NOTICE by state defts of filing no. 40 re Protection From Harm issues (gi) (Entered: 01/13/2000)
344 ORDER by Judge William J. Haynes Jr. granting motion to clarify purpose of status conference [338−1]. The topic for the status conference on 1/13/00 shall be the follow−up re proteciton from harm issues. EOD 1/14/00 (cc: all counsel) (gi) (Entered: 01/14/2000)
PROPOSED Status Conference Report No. 12 Order (gi) (Entered: 01/19/2000)

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01/18/2000 01/19/2000
01/19/2000 01/28/2000 02/15/2000 02/15/2000 02/15/2000
02/17/2000 02/29/2000 03/01/2000 03/01/2000 03/03/2000 03/06/2000 03/07/2000 03/07/2000 03/07/2000 03/07/2000 03/08/2000 03/08/2000

PROPOSED Order re Franklyn D. Kupstas, nominee of pltf−intervenor parent−guardian association (w/attached exhibit A) (gi) (Entered: 01/19/2000)
345 STATUS CONFERENCE REPORT NO. 12 ORDER by Judge William J. Haynes Jr.: Status conference held 1/13/00 re protection from harm issues. Parties may submit written comments by 2/1/00. Quality Review Panel shall file a cy of its report re Independent Support Coordination by 3/1/00. Status conference set for 3/17/00 at 9:00 on the topic of Independent Support Coordination; status conference set for 4/14/00 at 9:00 on the topic of Behavioral Supports and Mental Health Services; status conference set for 6/16/00 at 9:00 on the topic of Protection from Harm. EOD 1/20/00 (cc: all counsel) (gi) (Entered: 01/20/2000)
346 LETTER from Michael S. Lottman, Chair, Quality Review Panel, dated 1/13/00, re death of class member while committed to MTMHI (gi) (Entered: 01/21/2000)
347 AGREED ORDER by Judge Robert L. Echols: Dr. Franklyn D. Kupstas shall serve as a fourth part−time member of the Quality Review Panel. EOD 1/31/00 (cc: all counsel) (gi) (Entered: 01/31/2000)
348 NOTICE by state defts of filing No. 41, filed in response to the issues raised in paragraph 4 of Magisrate Judge's Report No. 10 (gi) (Entered: 02/16/2000)
349 MEMORANDUM OF THE COURT (cc: all counsel) EOD 2/16/00 (gi) (Entered: 02/16/2000)
350 ORDER by Judge Robert L. Echols denying motion to intervene [310−1] for reasons stated in the accompanying memorandum; denying as moot motion to participate in proceedings pending a decision on mtn to intervene [313−1]. EOD 2/16/00 (cc: all counsel) (gi) (Entered: 02/16/2000)
351 STATUS REPORT submitted by Michael S. Lottman, Chair on the seven settlement agreement class members (w/attachments) (jb) (Entered: 02/22/2000)
352 NOTICE by state defts of filing no. 42−Implementation Plan for Protection From Harm Recommendations (gi) (Entered: 03/01/2000)
353 LETTER from Michael S. Lottman, Chair of Quality Review Panel, dated 2/29/00, requesting extension of time to file report on independent support coordination (gi) (Entered: 03/02/2000)
354 ORDER by Judge William J. Haynes Jr. granting extension of time to submit report on independent support coordination [353−1] until 3/6/00. EOD 3/2/00 (cc: all counsel) (gi) (Entered: 03/02/2000)
355 NOTICE by state defts of filing no. 43−documentation in support of status conference re Independent Support Coordination Services set for 3/17/00 (gi) (Entered: 03/03/2000)
356 NOTICE by USA and People First of TN of filing of Consultants' Report regarding Independent Support Coordination (gi) (Entered: 03/07/2000)
357 MOTION by counsel for USA, Laurie J. Weinstein, to withdraw as attorney of record (gi) (Entered: 03/08/2000)
358 LETTER from Michael S. Lottman, Chair, Quality Review Panel, requesting until 3/8/00 to file report on independent support coordination (gi) (Entered: 03/08/2000)
359 NOTICE OF APPEAL by intervenor Comm Rehab of TN (CMRA) from Dist. Court decision [350−1] (mg) (Entered: 03/08/2000)
360 RECEIVED filing fee and forwarded to 6th CCA, rcpt #73056. (mg) (Entered: 03/08/2000)
REMARK: Copy of NOA and docket sheet sent to all parties. (mg) (Entered: 03/08/2000)
361 NOTICE by USA and People First of TN of filing original Consultants' Report regarding Independent Support Coordination (gi) (Entered: 03/09/2000)

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03/08/2000
03/08/2000
03/09/2000 03/10/2000 03/10/2000 03/14/2000 03/14/2000 03/16/2000 03/17/2000 03/17/2000 03/20/2000 03/20/2000 03/21/2000 03/21/2000 03/23/2000 03/23/2000 03/24/2000 03/27/2000 03/27/2000 04/03/2000 04/07/2000 04/11/2000 04/13/2000 04/13/2000 04/14/2000

362 NOTICE by state defts of filing no. 44−response to letter from Quality Review Panel dated 1/13/00 concerning preliminary findings re services provided to class members by Middle TN Mental Health Institute (gi) (Entered: 03/09/2000)
363 ORDER by Judge William J. Haynes Jr. granting motion by Laurie J. Weinstein to withdraw as attorney of record [357−1] (listed in assoc case 3:96−1056)(cc: all counsel) EOD 3/10/00 (mg) (Entered: 03/10/2000)
SR Record on Appeal sent to 6th CCA re [359−1] (mg) (Entered: 03/09/2000)
364 MOTION by pltf USA for an extension of time to file response to defts' Notice of Filing #41 (mg) (Entered: 03/13/2000)
365 NOTICE by Michael S. Lottman of filing Quality Review Panel's report on independent support coordination for members of the class (gi) (Entered: 03/13/2000)
366 ORDER by Judge William J. Haynes Jr. granting motion for an extension of time [364−1] (cc: all counsel) EOD 3/15/00 (mg) (Entered: 03/15/2000)
367 LETTER to Judge Haynes by Michael S. Lottman re status conference Friday 3/17/00 at 9:00 a.m. (mg) (Entered: 03/15/2000)
368 SUMMARY COMMENTS by pltf USA regarding selected info contained in defts' notice of filing number 41 (mg) (Entered: 03/17/2000)
369 MOTION by intervenor Parent−Guardian Asso for an extension of time to file fee petition (mg) (Entered: 03/21/2000)
PROPOSED Order (mg) (Entered: 03/21/2000)
370 JOINT MOTION by pltfs and defts to extend time to file and respond to fee petition (mg) (Entered: 03/21/2000)
PROPOSED Order (mg) (Entered: 03/21/2000)
PROPOSED Order (Status Conference Report No. 13) (mg) (Entered: 03/22/2000)
371 ORDER by Judge William J. Haynes Jr. approving Status Conference Report No. 13 (EOD 3/23/00) (cc: all counsel) (mg) (Entered: 03/23/2000)
372 LETTER dated 3/15/00 from Michael Lottman with "Red Flag" Issues and Urgent Individual Issues attached (mg) (Entered: 03/23/2000)
PROPOSED Order (Status Conference Report #13) (mg) (Entered: 03/24/2000)
373 NOTICE by pltf USA of filing resumes of Ms. Maria E. Laurence and Mr. Paul Newman (mg) (Entered: 03/24/2000)
375 ORDER by Judge William J. Haynes Jr. approving Status Conference Report #13, vacating [371−1] order (cc: all counsel) EOD 3/27/00 (mg) (Entered: 03/27/2000)
376 NOTIFICATION by 6th CCA of Appellate Docket Number 00−5342 (mg) (Entered: 03/29/2000)
377 ORDER by Judge Robert L. Echols granting motion for an extension of time to file fee petition [369−1], up to 5/1/2000. (cc: all counsel) (mg) (Entered: 04/04/2000)
379 NOTICE by state defts of filing no. 45−revised Behavioral Supports and Mental Health Services policies (gi) (Entered: 04/10/2000)
381 TRANSCRIPT filed of proceedings before Judge Haynes on 3/17/00; CR: Peggy G. Turner (mg) (Entered: 04/12/2000)
382 LETTER from Michael Lottman dated April 11, 2000. (mg) (Entered: 04/13/2000)
383 NOTICE by Parent−Guardian Association of filing a copy of the first newsleter of Tennessee Family Solutions, Inc. (mg) (Entered: 04/14/2000)
384 NOTICE by pltf USA of filing of outline of consultant's presentation on behavior support issues (attached) (mg) (Entered: 04/14/2000)

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04/17/2000 385 NOTICE by defts of filing No. 46: copy of the written presentation given by Dr. George Zukotynski during the status conference on Behavioral Supports and Mental Health Services on 4/14/00. (attached) (mg) (Entered: 04/18/2000)

04/18/2000

PROPOSED Status Conference Report No. 14 Order (gi) (Entered: 04/19/2000)

04/18/2000 386 LETTER from Michael S. Lottman, Quality Review Panel, dated 4/13/00, re order of presentation of topics at 4/14/00 conference (gi) (Entered: 04/20/2000)

04/21/2000 387 ORDER by Judge William J. Haynes Jr. approving status conference report #14 (cc: all counsel) EOD 4/24/00 (mg) (Entered: 04/24/2000)

05/01/2000 388 MOTION by intervenor Parent−Guardian Asso for attorney fees and reimbursement of expenses (with attachments) (mg) (Entered: 05/02/2000)

05/01/2000 389 MEMORANDUM by intervenor Parent−Guardian Asso in support of motion for attorney fees [388−1] (mg) (Entered: 05/02/2000)

05/11/2000 390 NOTICE by defts of filing No.47−summary of recommendations attached (mg) (Entered: 05/12/2000)

05/11/2000

PROPOSED Order: Status Conf Report No. 15 (mg) (Entered: 05/12/2000)

05/11/2000 391 JOINT MOTION to extend time to file and respond to fee petition (mg) (Entered: 05/12/2000)

05/11/2000

PROPOSED Order re motion to extend time (mg) (Entered: 05/12/2000)

05/15/2000

PROPOSED Order (mg) (Entered: 05/16/2000)

05/15/2000 392 ORDER by Judge William J. Haynes Jr. approving Status Conference Report #15 (cc: all counsel) EOD 5/16/00 (mg) Modified on 05/16/2000 (Entered: 05/16/2000)

05/16/2000 393 OBJECTIONS by intervenor Parent−Guardian Asso to proposed status conference report #15 (mg) (Entered: 05/17/2000)

05/17/2000 394 TRANSCRIPT filed of proceedings before Judge William Haynes, Jr. on 5/5/00; CR: Peggy G. Turner (mg) (Entered: 05/18/2000)

05/18/2000 395 ORDER by Judge Robert L. Echols granting motion to extend [391−1] time to respond to motion for attorney fees [388−1] up through 6/16/00 (cc: all counsel) EOD 5/18/00 (mg) (Entered: 05/18/2000)

05/18/2000 396 AGREED ORDER by Judge Robert L. Echols granting ddl to respond to motion for attorney fees [388−1] until 6/19/00 EOD 5/18/00 (cc: all counsel) (mg) (Entered: 05/18/2000)

06/05/2000 397 LETTER from Bonnie Barber−Sparrow to Judge Haynes regarding Tom Sullivan & other health issues (af) (Entered: 06/05/2000)

06/12/2000 398 LETTER by Mr. Michael S. Lottman re postponement of Conf set for 6/16/00 (mg) (Entered: 06/13/2000)

06/14/2000 399 LETTER by Michael S. Lottman with East Tennessee Community Review for May 15−19, 2000 attached (mg) (Entered: 06/14/2000)

06/14/2000 400 APPLICATION by pltfs People First of TN, et al for an award of attys' fees and reimbursement of expenses (mg) (Entered: 06/14/2000)

06/14/2000

PROPOSED Order for an award of attyss fees (mg) (Entered: 06/14/2000)

06/14/2000 401 RESPONSE by defts to motion for attorney fees [388−1] (mg) (Entered: 06/14/2000)

06/15/2000 402 TRANSCRIPT filed of proceedings before Judge Haynes on 4/14/00; CR: Gwen Hochstadt Cripps (mg) (Entered: 06/16/2000)

06/19/2000 403 RESPONSE by State defts to motion for attorney fees [388−1] with Exh 1 attached (mg) (Entered: 06/20/2000)

06/20/2000 404 ORDER by Judge Robert L. Echols granting application [400−1] ORDERED that the Pltfs People First, et al are awarded attorneys fees and litigation expenses in the amount of $496,649.68 to be paid by the State of TN. (cc: all counsel) EOD 6/20/00
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06/22/2000 06/22/2000 06/29/2000 06/30/2000
07/12/2000 07/28/2000 08/02/2000 08/02/2000 08/02/2000 08/02/2000 08/02/2000 08/10/2000 08/10/2000
08/18/2000 08/21/2000 08/21/2000
08/21/2000
08/22/2000 08/23/2000 08/24/2000 08/24/2000

(mg) Modified on 06/23/2000 (Entered: 06/20/2000)
405 MOTION by intervenors for hearing on mtn for award of atty's fees and expenses (mg) (Entered: 06/23/2000)
PROPOSED Order on mtn for atty's fees and expenses (mg) (Entered: 06/23/2000)
PROPOSED AGREED Order (mg) (Entered: 06/30/2000)
406 AGREED ORDER by Judge William J. Haynes Jr.: ORDERED that Booker T.W., Judy T., David W., and Marilyn C. shall be re−admitted to Clover Bottom Developmental Center for long−term respite. The Quality Review Panel shall review the need for continued long−term respite by these class members w/in 60 days of the entry of this order and submit a report to the parties (cc: all counsel) EOD 7/3/00 (mg) (Entered: 07/03/2000)
407 ORDER by Judge William J. Haynes Jr. Status Conf previously scheduled for 6/16/00 reset for 9:00 8/21/00 (cc: all counsel) EOD 7/13/00 (mg) (Entered: 07/13/2000)
408 NOTICE by state defts of filing No. 48: One Bound volume: sections 1−16 (mg) (Entered: 07/31/2000)
409 REPLY by intervenor Parent−Guardian Asso to response to motion for attorney fees [388−1] with attachments A−H. (mg) (Entered: 08/02/2000)
410 NOTICE by intervenor Parent−Guardian Asso of filing afdts of Kupstas, Hearn, and West. (mg) (Entered: 08/02/2000)
411 AFFIDAVIT of Franklyn D. Kupstas re [388−1] with Exh A attached. (mg) (Entered: 08/02/2000)
412 AFFIDAVIT of Desha L. Hearn re [388−1] with Exhs A,B,C attached. (mg) (Entered: 08/02/2000)
413 AFFIDAVIT of Dudley M. West re [388−1] (mg) (Entered: 08/02/2000)
414 MOTION by intervenor Parent−Guardian Asso to compel with Exhs A−D attached (mg) (Entered: 08/10/2000)
415 MEMORANDUM by intervenor Parent−Guardian Asso on protection from harm issues scheduled for 8/22/00 at 9:00 a.m. (Exhs A−T attached) (mg) (Entered: 08/10/2000)
416 LETTER dated 8/16/00 from Michael S. Lottman. (mg) (Entered: 08/18/2000)
417 United States' suggested additional measures to protect class members from harm (mg) (Entered: 08/21/2000)
418 NOTICE by state defts of filing No.49: copy of state defts' presentation for the status conference regarding protection from Harm issues on 8/21/00 (mg) (Entered: 08/21/2000)
419 CLERK'S RESUME In court hearing held 8/21/00 (Status Conference) Parties instructed to implement w/in 30 days the abuse registry regulations; Parties must w/in 30 days report on discussions with state medical examiner on autopsies for deaths of class members; Parties must report on changes for the life sustaining treatment. Next conf set for 10/16/00 at 1:00 p.m. C/R : Peggy Turner (mg) Modified on 08/25/2000 (Entered: 08/22/2000)
420 RESPONSE by defts to motion to compel [414−1] (mg) Modified on 08/23/2000 (Entered: 08/23/2000)
PROPOSED Order (Status Conference Report #16) (mg) (Entered: 08/24/2000)
421 LETTER from Michael S. Lottman with attachment: Quality Review Panel Death Trend Analysis (mg) (Entered: 08/24/2000)
422 ORDER by Judge William J. Haynes Jr. Status Conference Report No 16 of conf held 8/21/00 approved by Judge Haynes Status conference set for 1:00 p.m. 10/16/00 (cc: all counsel) EOD 8/25/00 (mg) (Entered: 08/25/2000)

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09/19/2000 09/20/2000 09/20/2000 09/29/2000 09/29/2000
09/29/2000
09/29/2000 09/29/2000 09/29/2000 10/02/2000
10/02/2000
10/05/2000 10/11/2000
10/13/2000 10/13/2000 10/16/2000 10/16/2000
10/16/2000
10/18/2000 10/18/2000 10/19/2000 10/23/2000

423 TRANSCRIPT filed of proceedings before Judge Haynes on 5/5/00; CR: Peggy Turner (mg) (Entered: 09/20/2000)
424 NOTICE by deft (mg) (Entered: 09/21/2000)
425 NOTICE by defts of filing No. 50 response to Status Conf Report #16 (attached) (mg) (Entered: 09/21/2000)
426 MOTION by pltf USA to withdraw attorney Shelley R. Jackson (mg) (Entered: 09/29/2000)
427 MOTION by intervenor Parent−Guardian Asso for access to info regarding names and addresses of the class members and their parents and guardians (mg) (Entered: 10/02/2000)
428 MEMORANDUM by Intervenor Parent−Guardian Asso in support of motion for access to info regarding names and addresses of the class members and their parents and guardians [427−1] (mg) (Entered: 10/02/2000)
429 NOTICE by intervenor Parent−Guardian Asso of filing afdts of Ralph Kennedy and Dudley M. West (mg) (Entered: 10/02/2000)
430 AFFIDAVIT of Dudley M. West re [427−1] (mg) (Entered: 10/02/2000)
431 AFFIDAVIT of Ralph Kennedy re [427−1] (mg) (Entered: 10/02/2000)
432 ORDER by Judge William J. Haynes Jr. granting motion to withdraw attorney Shelley R. Jackson [426−1] in assoc case 3:96−1056 counsel for USA. (cc: all counsel) EOD 10/2/00 (mg) (Entered: 10/02/2000)
433 ATTORNEY APPEARANCE for pltf USA for David R. Rocah, U.S. Dept of Justice and Aileen M. Bell, U.S. Dept of Justice (USA pltf in assoc case 3:96−1056) (mg) Modified on 10/03/2000 (Entered: 10/03/2000)
434 NOTICE by defts of filing No. 51 status report: Review of Supervision Plans (attached) (mg) (Entered: 10/06/2000)
435 RESPONSE by defts to motion for access to info regarding names and addresses of the class members and their parents and guardians [427−1] (mg) (Entered: 10/12/2000)
436 NOTICE by pltf USA of filing Recommendations Related to the October 16,2000 status conference regarding protection from harm. (mg) (Entered: 10/16/2000)
437 LETTER from Michael Lottman stating presentations that would be useful for the conference scheduled at 1:00 p.m. 10/16/00. (mg) (Entered: 10/16/2000)
438 NOTICE by parent guardians of filing recommendations for the 10/16/00 status conference re protection from harm (gi) (Entered: 10/16/2000)
439 CLERK'S RESUME Status conference held 10/16/00 State parties to prepare report on protection of harm issue by 1/9/01. Any response shall be filed by 1/23/01. State parties also instructed to privide to report on additional providers on 1/23/01. Any response shall be filed by 2/11/01. Next Status Conference set for 1:00 1/29/01 C/R : Peggy Turner. (mg) (Entered: 10/17/2000)
440 NOTICE by defts of Filing No. 52, their presentation for the Status Conference regarding protection from harm on 10/16/00 (attached) (mg) Modified on 10/18/2000 (Entered: 10/18/2000)
441 STATUS CONFERENCE REPORT No. 17 by state defts (mg) (Entered: 10/19/2000)
442 NOTICE by state defts of Filing No. 53: Public Necessity Rules (attached) (mg) (Entered: 10/19/2000)
443 NOTICE by defts of Filing No. 54 (attached) (mg) (Entered: 10/20/2000)
444 NOTICE by pltf USA of filig recommendations for the 10/16/00 status conf regarding protection from harm (mg) (Entered: 10/25/2000)

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11/07/2000 445 LETTER from Michael S. Lottman with list of individual urgent issues attached (mg) (Entered: 11/08/2000)

11/14/2000 446 LETTER from Michael Lottman with attachment: Annual System Review−East TN Community Supports and services and State−Wide Summary (mg) (Entered: 11/15/2000)

11/15/2000 447 NOTICE by defts of Filing No. 55 with attachments: Status Conference Report #17 (mg) (Entered: 11/16/2000)

01/09/2001 448 NOTICE by state defts of Filing No. 56: Status Conf for 1/29/01 Vols I and II, (mg) (Entered: 01/09/2001)

01/11/2001 449 LETTER to Dr. Haynes from Michael S. Lottman re the noticing of deposing Dr. Nancy Ray on 1/16/01. (mg) (Entered: 01/12/2001)

01/11/2001 450 MOTION by intervenor Parent−Guardian Asso to hold state defts in civil contempt for failure to protect class members from abuse and neglect. (mg) (Entered: 01/12/2001)

01/11/2001 451 MEMORANDUM by intervenor Parent−Guardian Asso in support of motion to hold state defts in civil contempt [450−1] with Exhs A,B and C (mg) (Entered: 01/12/2001)

01/12/2001 452 NOTICE by deft (mg) (Entered: 01/16/2001)

01/12/2001 453 NOTICE by defts of filing No. 57: The Quality Review Panel's updated abuse, neglect and mistreatment trend review dated Jan 2001. (attached) (mg) (Entered: 01/16/2001)

01/12/2001

454 LETTER by Hail Baker Deputy Director of OGC, Inc. to John Craven, Regional Director of TN Division of Mental Retardation Svcs re: Tonya Hunt−Response to Quality Review Panel Report (with attachments including video tape) (mg) (Entered: 01/17/2001)

01/12/2001 601 APPENDIX filed by Parent−Guardian Asso re [600−1]: Exhs 1−17 (Exh 2 includes A−T) (mg) (Entered: 10/15/2001)

01/18/2001 455 MOTION by defts to continue status conf on protection from harm set for 1/29/01 (mg) (Entered: 01/19/2001)

01/18/2001 456 MOTION by defts to strike PGA's motion to hold defts in contempt (mg) (Entered: 01/19/2001)

01/18/2001 457 MEMORANDUM by defts in support of motion to strike PGA's motion to hold defts in contempt [456−1] (mg) (Entered: 01/19/2001)

01/19/2001 458 ORDER by Judge William J. Haynes Jr. granting motion to continue status conf [455−1] status conf set for 1/29/01 cont'd until such time at motion for civil contempt is resolved (cc: all counsel) EOD 1/22/01 (mg) (Entered: 01/22/2001)

01/23/2001 459 RESPONSE by pltf USA to [448−1] defts ntc of filing #56 (mg) (Entered: 01/24/2001)

01/23/2001 460 NOTICE by defts of filing No. 58: Documents in support of Status Conference on Independent Support Coordination (attached) (mg) (Entered: 01/24/2001)

01/24/2001 461 NOTICE: PGA Recommendations on urgent protection from harm issues (with attachments) (mg) (Entered: 01/24/2001)

01/24/2001 462 RESPONSE by intervenor Parent−Guardian Asso to motion to strike PGA's motion to hold defts in contempt [456−1] (mg) (Entered: 01/24/2001)

01/24/2001 463 MOTION by intervenor Parent−Guardian Asso for reconsideration of continuance of 1/29/01 status conf , or for mediation before Mag Judge (settlement) , or for hearing on motion for civil contempt (mg) (Entered: 01/24/2001)

01/25/2001 464 RESPONSE by deft to motion for reconsideration of continuance of 1/29/01 status conf, or for mediation [463−1] (mg) (Entered: 01/26/2001)

01/26/2001 465 REPLY MEMORANDUM by intervenor Parent−Guardian Asso to [464−1] (mg) (Entered: 01/26/2001)
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01/29/2001 01/29/2001 01/29/2001 01/29/2001
01/31/2001 01/31/2001 02/02/2001 02/02/2001 02/02/2001 02/05/2001 02/12/2001 02/12/2001 02/13/2001 02/20/2001 02/23/2001 02/23/2001 02/23/2001 02/26/2001
02/26/2001 02/27/2001 02/27/2001 02/27/2001
03/02/2001

466 NOTICE by intervenor Parent−Guardian Asso of withdrawal of motion to hold state defts in civil contempt (mg) (Entered: 01/30/2001)
PROPOSED Order re #466 (mg) (Entered: 01/30/2001)
467 TRANSCRIPT filed of proceedings before Judge Haynes on 10/16/00; CR: Peggy Turner (mg) (Entered: 01/30/2001)
468 CLERK'S RESUME of Settlement Conference The parties are to appear in Court for continuation of the settlement conference as to the protection of harm and a status conferencei ISC; C/R : N/A (mg) (Entered: 01/30/2001)
PROPOSED Order (Conference Report No. 18) (mg) Modified on 02/02/2001 (Entered: 02/02/2001)
469 LETTER dated 1/25/01, by Michael S. Lottman to Judge Haynes (mg) (Entered: 02/02/2001)
470 ORDER by Judge William J. Haynes Jr. Approving Conference Report No. 18 as modified (cc: all counsel) EOD 2/2/01 (mg) (Entered: 02/02/2001)
471 NOTICE by pltfs of filing an Alternative Conference Report No. 18 (mg) (Entered: 02/05/2001)
472 CONFERENCE REPORT #18 by pltfs (mg) (Entered: 02/05/2001)
473 OBJECTIONS by intervenor Parent−Guardian Asso to [472−1] proposed conference report #18 (mg) (Entered: 02/05/2001)
474 RESPONSE by pltf USA to [460−1] Notice of filing No 58 re independent support coordination (mg) (Entered: 02/13/2001)
475 RESPONSE by class representatives to [460−1]: Defts filing No. 58 re: Independent Support Coordination (mg) (Entered: 02/14/2001)
476 NOTICE by defts of filing No. 59: Quality Review Panel's report on Independent Support Coordination (mg) (Entered: 02/14/2001)
477 NOTICE by defts of filing No. 60: Status Conference on Protection from Harm scheduled for 2/26/01 (with attachments) (mg) (Entered: 02/22/2001)
478 NOTICE of filing deposition of Dr. Nancy Ray by class representatives (gi) (Entered: 02/23/2001)
479 DEPOSITION of Nancy K. Ray taken on the following date(s): 1/16/01 (w/exhibits) (gi) (Entered: 02/23/2001)
480 CONTINUING DEPOSITION of Nancy K. Ray taken on the following date(s): 1/18/01 (w/exhibits) (gi) (Entered: 02/23/2001)
481 LETTER from Michael S. Lottman, Chair of Quality Review Panel, dated 2/21/01, respectfully suggesting certain topics be addressed at status conference (w/Status Report QRP Protection from Harm Recommendations attached) (gi) (Entered: 02/27/2001)
482 CLERK'S RESUME: Status conference held 2/26/01. C/R: Peggy Turner (gi) (Entered: 02/27/2001)
PROPOSED Order re status conference report no. 19 (gi) (Entered: 02/28/2001)
483 NOTICE by state defts of filing training video "Don't Leave Me Alone" and written materials (gi) (Entered: 02/28/2001)
484 LETTER from Michael S. Lottman, Chair Quality Review Panel, dated 2/23/01 in response to item 1 in conference report no. 18 (w/attachments) (gi) (Entered: 03/01/2001)
485 NOTICE by defts of Filing No. 62 as required by paragraph 6, Status Conference Report No. 19. (attachments) (bj) (Entered: 03/05/2001)

Case: 3:95-cv-1227 As of: 10/10/2017 07:21 PM CDT 43 of 103

03/05/2001 486 TRANSCRIPT filed of proceedings on 2/26/01 at 1:00 p.m. before Judge Haynes. C/R: Peggy Turner. (dlt) (Entered: 03/05/2001)

03/09/2001 487 ORDER by Judge William J. Haynes Jr. approving Status Conf Report #19 Status conference set for 9:00 3/26/01 (cc: all counsel) EOD 3/12/01 (mg) (Entered: 03/12/2001)

03/12/2001 488 MOTION by Andrea Piciotti−Bayer atty for pltf USA to withdraw as attorney (mg) (Entered: 03/13/2001)

03/14/2001 489 ORDER by Judge William J. Haynes Jr. granting motion to withdraw as attorney Andrea Piciotti−Bayer [488−1] (cc: all counsel) EOD 3/15/01 (mg) (Entered: 03/15/2001)

03/15/2001 490 NOTICE by intervenor Parent−Guardian Asso of filing a copy of Winter 2001 newsletter of TN Family Solutions, Inc. (attached) (mg) (Entered: 03/16/2001)

03/15/2001 491 NOTICE by intervenor Parent−Guardian Asso of filing a letter dated 3/14/01 from Robin L. Atwood, Executive Director of the Community Rehabilitation Agencies of TN. (mg) (Entered: 03/16/2001)

03/19/2001 492 NOTICE by defts of filing No. 63: documentation in response to requirements in paragraphs 2 and 3, Status Conf Report No. 19 (attached) (mg) (Entered: 03/21/2001)

03/19/2001 493 STATUS Conference REPORT on protection from harm 3/26/01 by defts (mg) (Entered: 03/21/2001)

03/19/2001 494 LETTER from Michael Lottman dated 3/15/01 re March 26,2001 status conf (mg) (Entered: 03/21/2001)

03/21/2001 495 NOTICE by intervenor Parent−Guardian Asso of filing Recare Complaint Investigation Report and abuse and neglect information for the period May 1,2000 thru Jan 31,2001 (with attachments) (mg) (Entered: 03/22/2001)

03/23/2001

REMARK: Faxed copy of letter dated 3/22/01 by Michael Lottman with attachment: intermin report provided by Ronnie Cohn (mg) (Entered: 03/26/2001)

03/26/2001 496 NOTICE of filing by intervenor Parent−Guardian Association of annualized substantiated abuse and neglect rate table for class members for the period 5/1/00−1/31/01; w/attachments (rls) (Entered: 03/26/2001)

03/26/2001 497 CLERK'S RESUME Status Conference set for 9:00 5/21/01 C/R : Peggy Turner (mg) (Entered: 03/27/2001)

03/26/2001 498 MOTION by deft for order for partial termination of settlement agreement (mg) (Entered: 03/27/2001)

03/26/2001 499 MEMORANDUM by defts in support of motion for order for partial termination of settlement agreement [498−1] (mg) (Entered: 03/27/2001)

03/26/2001 500 NOTICE by defts of filing No. 64: declarations of Brent, Kaufman, Meece, Michaels, Potter, Schama, Reiter, Ricker, and Love along with the TQI report. (mg) (Entered: 03/27/2001)

03/26/2001 501 DECLARATION of Barbara Brent by state defts in support of [498−1] (mg) (Entered: 03/27/2001)

03/26/2001 502 DECLARATION of John Kaufman by state defts in support of [498−1] (mg) (Entered: 03/27/2001)

03/26/2001 503 DECLARATION of Dr. Henry Meece by state defts in support of [498−1] (mg) (Entered: 03/27/2001)

03/26/2001 504 DECLARATION of Robin Michaels by state defts in support of [498−1] (mg) (Entered: 03/27/2001)

03/26/2001 505 DECLARATION of Daniel R. Potter by state defts in support of [498−1] (mg) (Entered: 03/27/2001)

03/26/2001 506 DECLARATION of Kevin Schama by state defts in support of [498−1] (mg) (Entered: 03/27/2001)
Case: 3:95-cv-1227 As of: 10/10/2017 07:21 PM CDT 44 of 103

03/26/2001 03/26/2001 03/26/2001 03/26/2001 03/26/2001 03/26/2001
03/26/2001
03/27/2001 03/30/2001 04/02/2001 04/04/2001
04/05/2001
04/11/2001
04/12/2001 04/19/2001 04/20/2001
05/07/2001
05/14/2001 05/15/2001
05/17/2001 05/18/2001

507 DECLARATION of Hayden E. Reiter by state defts in support of [498−1] (mg) (Entered: 03/27/2001)
508 DECLARATION of Hayden E. Reiter by state defts in support of [498−1] (mg) (Entered: 03/27/2001)
509 DECLARATION of Danny Ricker by state defts in support of [498−1] (mg) (Entered: 03/27/2001)
510 DECLARATION of Steve Love by state defts in support of [498−1] (mg) (Entered: 03/27/2001)
511 STATUS REPORT by state defts: Tennessee Quality Initiative Monthly Outcome Report February 2001 (mg) (Entered: 03/27/2001)
512 LETTER from Michael Lottman dated 3/23/01 with attachment: Report on review of resources of the Division of Mental Retardation Services' central office (mg) (Entered: 03/27/2001)
513 LETTER from Michael Lottman with attachment: Interim report on Evaluation of ISC Agency Plans for Protection from Harm, Consultant Ronnie Cohn. (mg) (Entered: 03/27/2001)
514 STATUS CONFERENCE REPORT No. 20 by state defts (mg) (Entered: 03/28/2001)
515 ORDER by Judge William J. Haynes Jr. approving status conf report #20 [514−1] (cc: all counsel) EOD 3/30/01 (mg) (Entered: 03/30/2001)
516 NOTICE by defts of filing No. 65: DMRS Response to Status Conf Report #20, paragraph 2 attached (mg) Modified on 04/04/2001 (Entered: 04/04/2001)
REMARK: Received faxed copy of letter from Michael S. Lottman with Quality Review Panel Report on Supervisory Resource Issues dated 4/4/01 (mg) (Entered: 04/05/2001)
517 LETTER from Michael S. Lottman with Quality Review Panel's report attached: Report on Supervisory Resources Issues April 4, 2001 (mg) Modified on 04/06/2001 (Entered: 04/06/2001)
518 NOTICE by intervenors Parent−Guardian Asso, Parent−Guard Greene, Winston Foundation of filing letter to counsel dated 4/9/01 from Robin L. Atwood (attached) (mg) (Entered: 04/11/2001)
519 LETTER from Michael S. Lottman re status conference report no 20 error in stating paragraph (mg) (Entered: 04/16/2001)
520 MOTION by pltf USA for an extension of time to respond to mtn for partial termination (mg) (Entered: 04/20/2001)
521 ORDER by Judge William J. Haynes Jr. granting motion for an extension of 45 days to respond to mtn for partial termination [520−1] (cc: all counsel) EOD 4/23/01 (mg) (Entered: 04/23/2001)
522 NOTICE by pltf USA of filing statement of issues and consultant's concerns and questions regarding data collection system (with Attachments A & B) (mg) (Entered: 05/08/2001)
523 NOTICE by defts of filing No. 66: TennCare's Complaint Investigation Report in response to Status Conf Report #20 (attached) (mg) (Entered: 05/15/2001)
566 MEMORANDUM FILED by intervenor Parent−Guardian Asso on rescare documents with Collective Exhs 1,2 and exh E attached (FILED UNDER SEAL) (mg) (Entered: 08/16/2001)
524 NOTICE by intervenor Parent−Guardian Asso of filing curriculum vitae of Alfred Baumeister (attached). (mg) (Entered: 05/18/2001)
525 TRANSCRIPT filed of proceedings before Judge Haynes on 3/26/01 (mg) (Entered: 05/21/2001)

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05/21/2001 05/22/2001 05/22/2001 05/25/2001 05/25/2001 05/29/2001
05/29/2001 05/31/2001
06/04/2001 06/05/2001
06/05/2001 06/07/2001
07/05/2001 07/16/2001 07/23/2001
07/24/2001 07/24/2001 07/24/2001 07/31/2001
08/01/2001
08/01/2001
08/02/2001

526 CLERK'S RESUME Status Conference set for 8/6/01 C/R : Peggy Turner (no time given on resume) (mg) (Entered: 05/23/2001)
527 LETTER dated 5/15/01, from Michael S. Lottman. (mg) (Entered: 05/23/2001)
PROPOSED Order (Status Conf Report #21) (mg) (Entered: 05/23/2001)
PROPOSED Protective Order (mg) (Entered: 05/29/2001)
528 LETTER by Michael S. Lottman dated 5/24/01. (mg) (Entered: 05/29/2001)
529 ORDER: Status Conf Report #21 by Judge William J. Haynes Jr. Status conference set for 10:30 8/6/01 A status conf will also be held on 8/20/01. (cc: all counsel) EOD 5/30/01 (mg) (Entered: 05/30/2001)
530 PROTECTIVE ORDER by Judge William J. Haynes Jr. : on information on Rescare (see order for details) (cc: all counsel) EOD 5/30/01 (mg) (Entered: 05/30/2001)
531 MOTION by pltfs for an extension of time of an additional 45 days to respond to the deft's motion for partial termination of settlement agreement (w/attached proposed order) (jb) (Entered: 05/31/2001)
532 LETTER from Michael S. Lottman with attachment: West TN Community Review April 30−May 4, 2001. (mg) (Entered: 06/06/2001)
533 UNOPPOSED MOTION by intervenor Parent−Guardian Asso for an extension of time to respond to defts' mtn for partial termination. (mg) Modified on 06/06/2001 (Entered: 06/06/2001)
PROPOSED Order (mg) Modified on 06/06/2001 (Entered: 06/06/2001)
534 ORDER by Judge William J. Haynes Jr. granting motion for an extension of time [533−1] Ddl to respond to motion for order for partial termination of settlement agreement [498−1] is 8/9/01. (cc: all counsel) EOD 6/7/01 (mg) (Entered: 06/07/2001)
535 TRANSCRIPT filed of proceedings before Judge Haynes on 5/21/01; CR: Peggy Turner (mg) (Entered: 07/06/2001)
536 STATUS REPORT by State defts No. 67 (mk) (Entered: 07/17/2001)
537 NOTICE by intervenor Parent−Guardian Asso of filing state deft's substantiated investigation rate tables for the period 5/1/00 through 4/30/01. (tables attached) (mg) (Entered: 07/23/2001)
538 LETTER from Michael S. Lottman dated 7/13/01 (mg) (Entered: 07/25/2001)
539 LETTER from Michael S. Lottman with attachment: Middle TN Community Review June 4−8, 2001 (mg) (Entered: 07/25/2001)
540 NOTICE by state defts of filing No. 68: Tennessee State Use Program − July 18, 2001 (attached) (mg) (Entered: 07/25/2001)
541 RECOMMENDATIONS of Parent Guardian Associations for 8/6/01 Status Conference re Protection from Harm (w/attached exhibits A−E) (gi) (Entered: 08/01/2001)
542 NOTICE by intervenor Parent−Guardian Asso of filing of HCFA compliance review of Tennessee's home and community−based waiver for adults and children with mental retardation and developmental disabilities (attached) (mg) (Entered: 08/02/2001)
543 ORDER by Judge William J. Haynes Jr. granting motion for an extension of time of an additional 45 days to respond to the deft's motion for partial termination of settlement agreement [531−1] (45 days over and above the time allowed by the settlement agreement) (cc: all counsel) EOD 8/2/01 (mg) (Entered: 08/02/2001)
544 NOTICE by defts of filing No. 69: Response to the compliance audit home and community based waiver for adults and children with mental retardation and developmental disabilities (attached) (mg) (Entered: 08/03/2001)

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08/06/2001

PROPOSED Order (Status Conf Report #22) (mg) (Entered: 08/07/2001)

08/06/2001 545 CLERK'S RESUME: Status conf held 8/6/01. The state is instructed to prepare a draft of the report of abuse and neglect Status Conference set for 8:30 8/20/01 C/R : Peggy Turner (mg) (Entered: 08/07/2001)

08/08/2001 546 RESPONSE by intervenor Parent−Guardian Asso to motion for order for partial termination of settlement agreement [498−1] (mg) (Entered: 08/09/2001)

08/08/2001 546 MOTION by intervenor Parent−Guardian Asso for additional time to submit suppl response (mg) (Entered: 08/09/2001)

08/08/2001 547 AFFIDAVIT of Alfred A. Baumeister, Ph.D. re [546−1] with Exh A attached (mg) (Entered: 08/09/2001)

08/08/2001 555 ORDER by Judge William J. Haynes Jr. approving Status Conf Report #22 (cc: all counsel) EOD 8/8/01 (mg) (Entered: 08/14/2001)

08/09/2001 548 ORDER by Judge William J. Haynes Jr. granting motion for additional time to submit suppl response [546−1] (cc: all counsel) EOD 8/9/01 (mg) (Entered: 08/09/2001)

08/09/2001 549 MOTION by pltf USA for an extension of time to file response to deft's mtn for partial termination of settlement agreement (mg) (Entered: 08/10/2001)

08/09/2001 550 NOTICE by pltf USA of filing issues regarding the state's databases and quality assurance. (mg) (Entered: 08/10/2001)

08/09/2001 551 RESPONSE by pltfs to motion for order for partial termination of settlement agreement [498−1] (with attachments) (mg) (Entered: 08/10/2001)

08/09/2001 552 MEMORANDUM IN OPP by pltf in support of motion response [551−1] (mg) (Entered: 08/10/2001)

08/10/2001 553 NOTICE by defts of filing #70 Under Seal (Individual findings for class members) (mg) Modified on 08/13/2001 (Entered: 08/13/2001)

08/10/2001

PROPOSED Protective Order re #553 (mg) (Entered: 08/13/2001)

08/10/2001 554 NOTICE by defts of filing No. 71: Defts' response to Status Conf Report 22, Aug 10, 01 (attached) (mg) Modified on 08/13/2001 (Entered: 08/13/2001)

08/13/2001 556 NOTICE by defts of filing No. 72 reports as provided in paragraphs 4,5 and 6 of Status Conf Report No. 22 dated 8/13/01 (attached) (mg) (Entered: 08/14/2001)

08/13/2001 557 NOTICE by defts of filing No. 73 (Under Seal) report on the efforts addressing issues regarding class members (attached under seal) (mg) (Entered: 08/14/2001)

08/13/2001

558 PROTECTIVE ORDER by Judge William J. Haynes Jr. re access to information regarding individual class members contained in the appendix of the compliance review conducted by the Center for Medicare and Medicaid Services (formerly HCFA) dated July 27, 2001 (cc: all counsel) EOD 8/14/01 (mg) (Entered: 08/14/2001)

08/13/2001 559 ORDER by Judge William J. Haynes Jr. granting motion for an extension of time [549−1] Sept 9,2001 ddl to respond to motion for partial termination of settlement agreement [498−1] (cc: all counsel) EOD 8/13/01 (mg) (Entered: 08/14/2001)

08/13/2001 560 INFORMATION COPY from 6th CCAi: Because CMRA's petitions are untimely and it has not advanced any substancial right to intervene, its appeals are denied. (mg) (Entered: 08/14/2001)

08/13/2001 561 JUDGMENT by 6CCA: It is ORDERED that the judgments of the district court are AFFIRMED. (mg) (Entered: 08/14/2001)

08/13/2001

561 JUDGMENT from 6th CCA affirming the decision of the District Court [560−1] (redocketed as mandate to terminate appeal. Sixth Circuit is sending a copy of mandate which was issued 10/10/01) (mg) Modified on 02/04/2002 (Entered: 02/04/2002)

08/14/2001

REMARK: ORDER DE#555 RESENT to the parties this date (mg) (Entered: 08/14/2001)

Case: 3:95-cv-1227 As of: 10/10/2017 07:21 PM CDT 47 of 103

08/14/2001
08/15/2001 08/15/2001 08/15/2001
08/15/2001
08/15/2001
08/15/2001 08/16/2001
08/16/2001 08/17/2001 08/20/2001 08/21/2001 08/22/2001 08/23/2001
08/28/2001
08/28/2001 09/04/2001 09/04/2001 09/04/2001 09/05/2001 09/06/2001
09/06/2001

562 LETTER from Michael S. Lottman with attachment: Final Report on intensive support coordination and protection from harm dated Aug 10, 2001. (mg) (Entered: 08/15/2001)
563 COPY OF LETTER by Michael S. Lottman to Ms. Sharon Perry re urgent issues − West TN (mg) (Entered: 08/16/2001)
564 NOTICE by state defts of filing No. 74: Preliminary annual trend report on abuse, neglect and mistreatment 5/1/00−4/30/01 (attached) (mg) (Entered: 08/16/2001)
565 NOTICE by intervenor Parent−Guardian Asso of filing rescare documents and accompanying memo UNDER SEAL in accordance with the Proto entered 5/25/01, DE#503 (attached) (mg) Modified on 08/20/2001 (Entered: 08/16/2001)
567 NOTICE by intervenor Parent−Guardian Asso of filing of table containing data on timeliness of abuse and neglect investigations from 1/31/01−4/30/01 (1page attachment) (mg) (Entered: 08/16/2001)
568 MOTION by intervenor Parent−Guardian Asso for mediation to address state defts' violations of protection from harm requirements and accompanying recommendations for 8/20/01 status conf (mg) (Entered: 08/16/2001)
571 FAXED LETTER by Michael S. Lottman dated 8/15/01. Original to follow. (mg) (Entered: 08/16/2001)
569 Intervenor Parent−Guardian Association's opposition to requst by US to forgo attendance of CMS representative at 8/20/01 status conf and request by QRP to forgo mediation on 8/20/01 (mg) Modified on 08/27/2001 (Entered: 08/16/2001)
570 AFFIDAVIT of Dudley M. West re [569−1] (mg) (Entered: 08/16/2001)
571 LETTER (original) by Michael S. Lottman dated 8/15/01. (mg) (Entered: 08/20/2001)
576 CLERK'S RESUME The status conf in this case is cont'd to resume 8/21/01 at 9:00; C/R : Peggy Turner (mg) (Entered: 08/27/2001)
577 CLERK'S RESUME Status Conference set for 1:30 9/11/01 C/R : Peggy Turner (mg) (Entered: 08/27/2001)
PROPOSED Order (Status Confrence Report No. 23) (mg) (Entered: 08/23/2001)
575 ORDER by Judge William J. Haynes Jr. approving Status Conf Report #23; next status conference set for 9:00 11/5/01 (cc: all counsel) EOD 8/24/01 (mg) Modified on 08/31/2001 (Entered: 08/24/2001)
578 NOTICE by state defts of filing No. 75 reports in response to paragraphs 4,6 and 7 of Status Conf Report #23 (attached)(mg) Modified on 08/31/2001 (Entered: 08/31/2001)
579 NOTICE by state defts of filing No. 76 UNDER SEAL. (mg) (Entered: 08/31/2001)
580 TRANSCRIPT filed of proceedings before Judge Haynes on 8/20/01; CR: Peggy G. Turner (mg) (Entered: 09/05/2001)
581 NOTICE by state defts of filing No. 77 re urgent systemic issues (attached) (mg) (Entered: 09/05/2001)
582 TRANSCRIPT filed of proceedings before Judge Haynes on 8/21/01; CR: Peggy Turner (mg) (Entered: 09/05/2001)
REMARK: DEs 572,573,574 deleted (mg) (Entered: 09/05/2001)
583 ORDER by Judge William J. Haynes Jr. The deft has seven (7) days from the date of entry of this Order to respond to Mr. Michael S. Lottman's report on the State's Set−Aside Program for disabled workers and its availability for class members. (cc: all counsel) EOD 9/7/01 (mg) (Entered: 09/07/2001)
584 LETTER by Michael S. Lottman re the State's set−aside program for disabled workers. (mg) (Entered: 09/07/2001)

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09/10/2001 585 MOTION by pltf USA for an extension of time to file response to defts' mtn for partial termination of settlement agreement (mg) (Entered: 09/11/2001)

09/12/2001 586 LETTER from Michael S. Lottman with report on East TN Community Review from 7/30−8/3/01, Urgent Individual Needs (mg) (Entered: 09/12/2001)

09/13/2001 587 NOTICE by defts of filing No.78: Response to Michael S. Lottman's report on the State's Set−Aside Program for disabled workers and its availability for class members. (mg) (Entered: 09/14/2001)

09/17/2001 588 NOTICE by intervenor Parent−Guardian Asso of filing suppl to PGA memo on rescare documents (Under Seal) (mg) (Entered: 09/18/2001)

09/17/2001 589 SUPPLEMENT to Parent−Guardian Asso Memorandum on rescare documents (attachment) (Filed Under Seal) (mg) Modified on 09/18/2001 (Entered: 09/18/2001)

09/17/2001

PROPOSED Order to reset mediation on protection from harm issues from 9/11/01 to 9/24/01 (mg) (Entered: 09/18/2001)

09/18/2001 590 ORDER by Judge William J. Haynes Jr. Status conference set for 2:30 9/24/01 (cc: all counsel) EOD 9/19/01 (mg) (Entered: 09/19/2001)

09/21/2001 591 MOTION by intervenor Parent−Guardian Asso for order to investigate the death of class member Ricky W. with Exhs A&B attached (mg) (Entered: 09/24/2001)

09/21/2001

592 NOTICE by intervenor Parent−Guardian Asso of filing Memorandum from Dr. Nancy Ray commenting on State's preliminary annual trend report regardig abuse, neglect and mistreatment of settlement agreement class members from 5/1/00−4/30/01 (Exhs A&B attached) (mg) (Entered: 09/24/2001)

10/03/2001 593 TRANSCRIPT filed of proceedings before Judge Haynes on 10/16/00; CR: Peggy Turner (mg) (Entered: 10/04/2001)

10/09/2001 594 NOTICE by state defts of filing No. 79 regarding the annual review of the community programs in East TN (attached) (mg) (Entered: 10/10/2001)

10/09/2001 596 LETTER by Michael S. Lottman re: State Set Aside Program (mg) (Entered: 10/12/2001)

10/10/2001 595 RESPONSE by pltf USA to motion for order for partial termination of settlement agreement [498−1] with attachments (mg) (Entered: 10/11/2001)

10/12/2001

597 ORDER by Judge William J. Haynes Jr. granting motion for order to investigate the death of class member Ricky W. [591−1], but the report of this investigation shall not be disclosed beyond counsel for the parties without prior leave of Court (cc: all counsel) EOD 10/15/01 (mg) Modified on 10/15/2001 (Entered: 10/15/2001)

10/12/2001 598 MOTION by Parent−Guardian Asso to hold state defts in civil contempt for failure to protect class members from harm (mg) (Entered: 10/15/2001)

10/12/2001 599 MEMORANDUM by Parent−Guardian Asso in support of motion to hold state defts in civil contempt for failure to protect class members from harm [598−1] (mg) (Entered: 10/15/2001)

10/12/2001 600 NOTICE by Parent−Guardian Asso of filing of appendix of exhibits to PGA motion to hold state defts in civil contempt and impose sanctions for failure to protect class members from harm. (mg) (Entered: 10/15/2001)

10/12/2001 602 MOTION by Parent−Guardian Asso for management conf (mg) (Entered: 10/15/2001)

10/18/2001 603 MOTION by pltf USA to withdraw attorney David R. Rocah (mg) (Entered: 10/19/2001)

10/18/2001 604 MOTION by PGA for order to require investigation into the death of Orbie S. (mg) (Entered: 10/19/2001)

10/19/2001 606 MOTION by deft to continue status conf set for 1/5/01 (mg) (Entered: 10/23/2001)

10/22/2001 605 ORDER by Judge William J. Haynes Jr. granting motion to withdraw attorney David R. Rocah [603−1] as counsel of record for the United States of America. EOD
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10/25/2001 10/26/2001 10/26/2001 10/29/2001 10/29/2001
10/29/2001 10/29/2001 10/29/2001 10/29/2001 10/31/2001 10/31/2001 10/31/2001 10/31/2001
11/02/2001 11/09/2001 11/09/2001 11/15/2001 11/15/2001 11/16/2001
01/14/2002 01/25/2002 01/25/2002 02/04/2002 02/04/2002

10/22/01 (cc: all counsel) (gi) (Entered: 10/22/2001)
607 MOTION by deft for an extension of time to respond to mtn for cotempt (mg) (Entered: 10/26/2001)
608 UNOPPOSED MOTION by pltf USA for an extension of time to respond to PGA's mtn to hold the state in contempt (mg) (Entered: 10/29/2001)
609 ATTORNEY APPEARANCE for USA (in member case 3:96−1056) by Nicole Porter (gi) (Entered: 10/29/2001)
610 ORDER by Judge William J. Haynes Jr. granting motion for an extension of time [608−1] (cc: all counsel) EOD 10/29/01 (mg) (Entered: 10/29/2001)
611 ORDER by Judge William J. Hanes, Jr. granting motion for an extension of time to respond to mtn for cotempt [607−1] (cc: all counsel) EOD 10/29/01 (mg) Modified on 10/30/2001 (Entered: 10/29/2001)
612 RESPONSE by state defts to motion for management conf [602−1] (mg) (Entered: 10/30/2001)
PROPOSED Order re motion for Mediation (mg) (Entered: 10/30/2001)
613 RESPONSE by pltfs to motion to hold state defts in civil contempt for failure to protect class members from harm [598−1] (mg) (Entered: 10/30/2001)
613 MOTION by pltf for mediation pursuat to Rule 16, FRCP (mg) (Entered: 10/30/2001)
614 RESPONSE by defts to motion for order to require investigation into the death of Orbie S. [604−1] (mg) (Entered: 11/01/2001)
615 DECLARATION of Carole Cope by defts re [614−1] (mg) (Entered: 11/01/2001)
616 DECLARATION of Sharon Perry by defts re [614−1] (mg) (Entered: 11/01/2001)
617 ORDER by Judge William J. Haynes Jr. This action is returned to the Honorable Robert L. Echols for all further proceedings (cc: all counsel) EOD 11/1/01 (mg) (Entered: 11/01/2001)
618 RESPONSE by intervenor Parent−Guardian Asso to motion for mediation and for 6 month ext of time to respond to mtn for contempt [613−1] (mg) (Entered: 11/05/2001)
619 RESPONSE by defts to motion for mediation [613−1] (mg) (Entered: 11/13/2001)
619 MOTION by defts to stay proceedings , and/or to extend time for response to motion for contempt (mg) (Entered: 11/13/2001)
620 RESPONSE by pltf USA to motion for mediation [613−1] (mg) (Entered: 11/16/2001)
620 MOTION by pltf USA for an extension of time (mg) (Entered: 11/16/2001)
621 NOTICE by defts of filing No. 80: filing of a report re efforts to remedy the urgent issues identified by the Quality Review Panel in their report to the Court dated 9/7/01 re annual review of the community programs in East TN (gi) (Entered: 11/19/2001)
622 MOTION by pltf USA for an extension of time to respond to PGA's mtn to hold the state of TN in civil contempt (mg) (Entered: 01/15/2002)
623 RESPONSE by intervenor Parent−Guardian Asso to motion for an extension of time [622−1] (mg) (Entered: 01/25/2002)
623 RENEWED MOTION by intervenor Parent−Guardian Asso for CM Conf (mg) (Entered: 01/25/2002)
624 JOINT APPLICATION by pltfs and the State of TN for an award of attorneys' fees and reimbursement of expenses (rls) (Entered: 02/05/2002)
PROPOSED Agreed Order granting joint application for attorneys' fees (rls) (Entered: 02/05/2002)

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02/08/2002 02/11/2002 02/11/2002 02/11/2002 03/07/2002
03/18/2002
03/29/2002
03/29/2002 03/29/2002
04/15/2002 04/15/2002 06/14/2002 06/27/2002
07/08/2002 07/25/2002 07/25/2002 08/06/2002 08/15/2002

625 MANDATE issued 10/10/01 from 6th CCA affirming the decision of the District Court [359−1] filed 8/8/01. (mg) (Entered: 02/11/2002)
626 ATTORNEY APPEARANCE by (rls) (Entered: 02/13/2002)
627 ATTORNEY APPEARANCE for USA by Janine Scott (rls) (Entered: 02/13/2002)
628 RESPONSE by USA to motion to hold state defts in civil contempt for failure to protect class members from harm [598−1]; w/attached Exhibit 1 (rls) (Entered: 02/13/2002)
629 ORDER by Judge Robert L. Echols granting the joint motion of People First and the State of TN for an award of attorneys' fees and reimbursement of expenses [624−1]. The pltfs/interveners People First, et. al. are awarded attys fees and litigation expenses in the amount of $206,000.00 to be paid by the State of TN. (cc: all counsel) (EOD 3/7/02) (rls) (Entered: 03/07/2002)
630 ORDER by Judge Robert L. Echols: As the settlement process has been and will continue to be ongoing, the Court orders that this case is closed administratively to be reopened on motion of either party. The pending motions related to the settlement process will be ruled on by subsequent orders. (cc: all counsel) (EOD 3/19/02) (rls) (Entered: 03/19/2002)
631 MOTION by intervenors Parent−Guardian Asso, Parent−Guard Greene, & Winston Foundation to reopen the case for cause , or in the alternative, to alter or amend Order entered 3/19/02 [630−1] and to conduct CMC . (w/ att'd exhibits A) (dlt) (Entered: 04/01/2002)
632 DECLARATION of Alfred A. Baumeister by intervenors Parent−Guardian Asso, Parent−Guard Greene, & Winston Foundation [631−1][631−2][631−3]. (dlt) (Entered: 04/01/2002)
633 MEMORANDUM by intervenors Parent−Guardian Asso, Parent− Guard Greene, & Winston Foundation in support of motion to reopen the case for cause [631−1], or, in the alternative, to alter or amend Order entered 3/19/02 [630−1] [631−2], and to conduct CMC [631−3]. (w/ att'd exhibit A) (dlt) (Entered: 04/01/2002)
634 RESPONSE by USA to motion to reopen the case for cause [631−1] (rls) (Entered: 04/17/2002)
635 RESPONSE by State defts to motion to reopen the case for cause [631−1], or, in the alternative, to alter or amend Order entered 3/19/02 [630−1] [631−2] (rls) (Entered: 04/17/2002)
636 MOTION by atty for USA (in member case 3:96−1056), Janine Scott for leave to withdraw as counsel (rls) (Entered: 06/18/2002)
637 ORDER by Judge Robert L. Echols granting Janine Scott's motion for leave to withdraw as counsel of record for the United States [636−1]. Attorneys Aileen Bell and Nicloe Porter will continue to represent the U.S. in this case. (cc: all counsel) (EOD 6/28/02) (rls) (Entered: 06/28/2002)
638 MOTION by attorney Roger Manus to withdraw as attorney of record for pltf People First of TN ; w/attachments (rls) (Entered: 07/09/2002)
639 CERTIFICATE OF CONSULTATION filed by defts (rls) (Entered: 07/25/2002)
640 NOTICE of Objection and/or MOTION by defts to stay discovery (rls) (Entered: 07/25/2002)
641 RESPONSE by the PGA intervenors to defts' notice of objection and/or motion to stay discovery [640−1]; w/attached Exhibits A−B (rls) (Entered: 08/07/2002)
642 NOTICE by attorney Dudley M. West, counsel of record for intervenors Parent−Guardian Association of Clover Bottom, Parent−Guardian Association of Greene Valley and the Winston Foundation, of change of address to: White & Reasor, PLC, Two American Center, 3102 West End Avenue, Suite 1150, Nashville, TN 37203 (cc: Ann Frantz) (rls) (Entered: 08/15/2002)

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10/10/2002 03/05/2003
03/05/2003 03/14/2003 03/14/2003 03/14/2003 03/17/2003
03/24/2003
03/24/2003

643 Notice of filing the report of the Quality Review Panel's annual system review of the services and supports provided to claim members at the Clover Bottom Development Center. This report includes findings and recommendations resulting from the panel's on site review at CLover Bottom on 5/6−10/02, as well as summaries of information from the Panel's 1999 and 2000 reviews. (km) (Entered: 10/11/2002)
644 ORDER by Judge Robert L. Echols: PGA's Motion to reopen the case for cause, or in the alternative, to alter or amend order entered 3/19/02 and to conduct case management conference [631−1] is hereby denied in part and granted in part. The portion of PGA's motion seeking to reopen the case and to alter or amend the Court's Order on 3/19/02, administratively closing this case is hereby denied at this time; the portion seeking a case management conference is hereby granted to the extent the Court will schedule a status conference. Therefore, deft's mtn seeking to stay discovery [640−1] is denied as moot. Status conference set for 9:00 on 3/17/03. (EOD 3/6/03) (cc: counsel) (km) (Entered: 03/06/2003)
645 ORDER by Judge Robert L. Echols granting motion to withdraw as attorney of record for pltf People First of TN [638−1] by attorney Roger Manus. (EOD 3/6/03) (cc: all counsel) (km) (Entered: 03/06/2003)
646 ATTORNEY APPEARANCE for intervenor Parent−Guardian Asso by Hal D. Hardin (km) (Entered: 03/14/2003)
647 MOTION by intervenor Parent−Guardian Asso to ascertain status of pending motion fo award of attorney's fees and costs and for leave to file supplemental supporting documentation for fees incurred subsequent to filing of motion (km) (Entered: 03/14/2003)
648 MEMORANDUM filed by intervenor Parent−Guardian Asso in anticipation of case management conference scheduled for 3/17/03 (w/attached exhibits A & B) (km) (Entered: 03/14/2003)
649 CLERK'S RESUME of in chambers hearing on pending motions on 3/17/03; Judge to contact Steve Norris to see is he will perform the function of mediator for this case and will set up a meeting for all counsel and Mr. Norris to meet and discuss a plan for the progression of the settlement of this case or monitor the case himself. Parties are to work on a list of their top five priorities to be dealt with first and submit their list to Court in letter form, with copies to everyone (or bring to the meeting with Steve Norris). There will be quarterly meetings with an agenda for the next meeting determined at each meeting; All pending motions are reserved, and the parties are not to file any further motions; they are to call chambers and a meeting wil be scheduled either in person or by telephone with all counsel. The Court will rule on Intervenor's Motion for attorney fees and reimbursement of expenses [388−1]. (km) (Entered: 03/25/2003)
650 ORDER by Judge Robert L. Echols: Based on the in−chambers status conference held on 3/17/03 the following action will be taken in this case; The case will remain administratively closed; The Court intends to contact Steve Norris, the mediator in a related case in the WD of TN. If he is available, the Court will set up a meeting for all counsel to meet with Mr. Norris. The Court will determine whether it will assign a Magistrate Judge to monitor the progression of the settlement plan. All pending motions, except Intervenor's motion seeking atty fees [388−1], are reserved pending mediation, and the parties are directed not to file any further motions. Should any party have a matter to be addressed by the Court, that party shall contact the courtroom deputy and set up a conference call with all counsel and the Court. The Court will rule on Intervenor's Motion for atty fees and reimbursements of expenses [388−1] by separate order. (EOD 3/25/03) (cc: all counsel) (km) (Entered: 03/25/2003)
651 NOTICE of filing the report of the Quality Review Panel's annual system review of the services and supports provided to class members at the Greene Valley Developmental Center. This report includes findings and recommendations resulting from the Panel's on−site review at Greene Valley on 1/22−26/01 as well as summaries of information from the Panel's 1999 review of the facility. (km) (Entered: 03/25/2003)

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03/27/2003 04/01/2003 04/16/2003 04/17/2003 04/17/2003 04/17/2003 04/22/2003 04/24/2003
05/08/2003
05/08/2003 05/22/2003 05/22/2003 05/30/2003 05/30/2003

652 MAIL Returned [644−1], [645−1] addressed to Earle J. Schwartz, Esq., verified address and resent to Glanker & Brown, One Commerce Square, Memphis, TN 39103 (xc: Ann F.) (km) (Entered: 03/27/2003)
653 MAIL Returned [650−1], [650−2] addressed to Earle J. Schwartz, Esq., resent to Glanker & Brown, One Commerce Square, Memphis, TN 39103 per DE #652 (km) (Entered: 04/01/2003)
654 LETTER from Quality Review Panel requesting Michael S. Lottman, Chair to be informed of the orders entered in this case (km) (Entered: 04/16/2003)
655 MOTION of Life Action of Tennessee, Inc. to intervene or, in the alternative, to participate as amicus curiae (w/attached complaint, w/exhibits A−B and C Under Seal and Motion for protective order (w/attached proposed protective order) (km) (Entered: 04/17/2003)
656 MEMORANDUM by intevenor pltf Life Action of TN in support of motion to intervene [655−1], or to be allowed to participate as an amicus curiae [655−2] (w/attached exhibit A) (km) (Entered: 04/17/2003)
657 AFFIDAVIT of Melvin J. Malone re [656−1] (km) (Entered: 04/17/2003)
658 ATTORNEY APPEARANCE by Todd Schneider for the United States in member case #3:96−1056 (km) (Entered: 04/22/2003)
659 CLERK'S RESUME: On 4/24/03, counsel for the parties met with Steve Norris, the proposed mediator, for the purpose discussing his role as mediator, presenting the parties' top five priority issues, suggesting the next action to be taken by the Court and the mediator, and determining the Court's continual oversight of implementing and enforcing the settlement agreement in the case. All parties provided the court with a list of top five priorities; Mr. Norris will act as mediator; Mr. Norris will meet first with counsel for each party individually; The Court will enter an order addressing the rules governing the appointment of the mediator and rules of confidentiality; Atty Howser filed a motion to intervene [655−1], the Court will address by separate order; Court requested Mr. Norris call Commissioner Goetz concerning the the issue of payment to Life Action and report back to the Court. (km) (Entered: 05/08/2003)
660 ORDER by Judge Robert L. Echols: A meeting of the parties was held on 4/24/03, for the purpose of meeting with Mr. Steve Norris, the proposed mediator, discussing his role as mediator in the case, presenting the parties' top five priority issues, suggesting the next action to be taken by the Court and the mediator, and determining the Court's continual oversight of implementing and enforcing the settlement agreement in the case. The Court wil enter an Order addressing the rules governing the appointment of the mediator and rules of confidentiality. Attorney Hugh Howser filed a motion to intervene [655−1] on behalf of Life Action of TN; The Court will address by separate order. The Court has directed the parties not to file motions, responses, or other papers without prior Court approval while the mediation process is in progress. The Court requested Mr. Norris contact Commissioner Goetz concerning the issue of payment to Life Action and report back to the Court. (EOD 5/8/03) (cc: all counsel) (km) (Entered: 05/08/2003)
661 ORDER by Judge Robert L. Echols: State defts are directed to file a response within 10 days of entry of this order on the docket re motion to intervene [655−1]. (EOD 5/8/03) (cc:all counsel) (km) (Entered: 05/08/2003)
662 MOTION by USA for leave to file response to mtn of Life Action of TN, Inc to intervene or to participate as Amicus Curiae (w/response & proposed order attached) (gi) (Entered: 05/22/2003)
663 RESPONSE by defts to motion to intervene [655−1] or to participate as amicus curiae [655−2] (gi) (Entered: 05/22/2003)
664 MEMORANDUM OF THE COURT: (EOD 6/2/03) (cc: all counsel) (km) (Entered: 06/02/2003)
665 ORDER by Judge Robert L. Echols: For the reasons stated in the accompanying Memorandum, the motion to intervene [655−1] filed on behalf of Life Action of TN is denied. In accordance with the Court's Order of 5/8/03 (Docket Entry No. 661), the

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05/30/2003 06/02/2003 06/02/2003 06/02/2003 06/02/2003 06/04/2003 06/23/2003
08/11/2003 09/10/2003
09/12/2003 09/29/2003 10/01/2003 01/08/2004 01/15/2004
02/12/2004

motion for leave to file a response is granted, and the Clerk is directed to file the response attached to the Motion. (EOD 6/2/03) (cc: all counsel) (km) (Entered: 06/02/2003)
666 RESPONSE by USA to Motion of Life Action of TN, Inc. to intervene [655−1] (km) (Entered: 06/02/2003)
667 REPLY by intevenor pltf Life Action of TN to the response of the State of TN to its motion to intervene or, in the alternative, to participate as amicus curiae [666−1] (km) (Entered: 06/03/2003)
668 MOTION by intevenor pltf Life Action of TN to amend its proposed intervening complaint (w/attached orig first amended complaint of proposed intervenors Life Action TN, Inc. and Monica Goldberg a/n/f of Jason Goldberg) (km) (Entered: 06/03/2003)
669 MOTION by intervenor Jason Goldberg to intervene or, in the alternative, to participate as amicus curiae (w/attached exhibit A) (km) (Entered: 06/03/2003)
670 AFFIDAVIT of Monica Goldberg re [669−1] (w/attached exhibits A & B) (km) (Entered: 06/03/2003)
671 MOTION by intevenor pltfs Life Action of TN, & Jason Goldberg for reconsideration of the denial of motion to intervene, or in the alternative to participate as amicus curiae (jb) (Entered: 06/04/2003)
672 NOTICE of filing the report on the second and third rounds of Quality Review Panel's annual system review of services and supports provided to class members in the community. This report summarizes review activities and statistical findings with regard to the Panel's on−site reviews in West, Middle and East TN during 1999−2000 and 2001. The statiscal presentation also includes findings from the first round of community reviews in 1998. (km) (Entered: 06/24/2003)
673 JOINT APPLICATION for an award of attorney fees and reimbursement of expenses (w/attached proposed order) (km) (Entered: 08/11/2003)
674 ORDER by Judge Robert L. Echols denying motion to amend its proposed intervening complaint [668−1], denying motion to participate as amicus curiae [669−2], denying motion to intervene [669−1], denying motion for reconsideration of the denial of motion to intervene, or in the alternative to participate as amicus curiae [671−1]. (EOD 9/10/03) (cc: all counsel) (km) (Entered: 09/10/2003)
675 ORDER by Judge Robert L. Echols granting motion for an award of attorney fees and reimbursement of expenses [673−1]. Pltfs/intervenor People First, et al. are awarded atty fees and litigation expenses in the amount of $152,203.82 to be paid by the State of TN. EOD 9/12/03 (cc: all counsel) (gi) (Entered: 09/12/2003)
676 MOTION by Aileen Bell, counsel for USA in 3:96−1056 to withdraw as attorney of record (km) (Entered: 09/29/2003)
677 ORDER by Judge Robert L. Echols granting motion to withdraw as attorney of record [676−1]. Aileen Bell will be permitted to withdraw as counsel for the United States. Attorneys Nicole Porter and Todd Schneider will continue to represent the US in this case. (EOD 10/1/03) (cc: all counsel) (km) (Entered: 10/01/2003)
678 JOINT APPLICATION by pltfs and the State of TN for an award of attorney fees and reimbursement of expenses (w/proposed agreed order) (km) (Entered: 01/09/2004)
679 AGREED ORDER by Judge Robert L. Echols granting motion for an award of attorney fees and reimbursement of expenses in the amount of $134,351.00 to be paid by the State of TN to the pltfs/intervener People First, et al. Based upon the stmts made in the joint application, this award shall be in satisfaction of all hours expended and costs incurred in connection with People First's enforcement work during the period from 10/1/02 − 9/30/03. (EOD 1/15/04) (cc: all counsel) (km) (Entered: 01/15/2004)
680 ORDER by Judge Robert L. Echols: Status conference is set for 2:30 on 3/8/04. (EOD 2/13/04) (cc: all counsel) (km) (Entered: 02/13/2004)

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02/25/2004 03/04/2004 03/04/2004
03/08/2004 03/15/2004 03/15/2004 03/15/2004 03/15/2004 03/15/2004 03/15/2004 03/23/2004 03/25/2004 03/25/2004 03/26/2004 03/31/2004 04/01/2004
04/01/2004

681 STATUS REPORT by pltf, deft, pltf, deft, intervenor, miscellaneous, intervenor pltf, intervenor (km) (Entered: 02/26/2004)
682 MEMORANDUM OF THE COURT (cc: all counsel) EOD 3/4/04 (gi) (Entered: 03/04/2004)
683 ORDER by Judge Robert L. Echols: For reasons stated in the accompanying memorandum, the Court finds that the intervenors are parties entitled to fees and costs and therefore their mtn for attorney fees and reimbursement of expenses [388−1] is granted. Because there are numerous objections to the amount of fees to be awarded and whether they are excessive and properly documented, this issue only is referred to the Magistrate Judge to hold a hearing to determine which specific fees and costs should be awarded to the intervenors. Mtn for leave to file supplemental supporting documentation for fees incurred subsequent to filing of motion [647−2] is granted. Intervenors are granted leave to file an update to their request for fees within 10 days of the date of entry of this order, and parties shall have 10 days thereafter within which to respond. Thereafter, the Magistrate Judge will hold a hearing on the reasonableness of all the fees requested. Mtn to ascertain status [547−1] is deemed moot. EOD 3/4/04 (cc: all counsel) (gi) (Entered: 03/04/2004)
696 MEMORANDUM by PGA in anticipation of status conference on 3/8/04 (km) (Entered: 04/02/2004)
684 SUPPLEMENT to Motion of intervenor parent guardian associations' for award of atty's fees and reimbursement of expenses [388−1] (w/attached exhibits A−D) (km) (Entered: 03/15/2004)
685 THIRD AFFIDAVIT of Dudley M. West re [684−1] (w/attached exhibits 1−3) (km) Modified on 03/15/2004 (Entered: 03/15/2004)
686 AFFIDAVIT of William L. Harbison re [684−1] (w/attached exhibit A) (km) (Entered: 03/15/2004)
687 AFFIDAVIT of C. Dewey Branstetter, Jr. re [684−1] (km) (Entered: 03/15/2004)
688 AFFIDAVIT of Roger T. May re [684−1] (w/attached exhibit 1) (km) (Entered: 03/15/2004)
689 MEMORANDUM in support of Supplement to Motion of intervenor parent guardian associations for award of atty's fees and reimbursement of expenses [684−1] (w/attached exhibit A) (km) (Entered: 03/15/2004)
690 ATTORNEY APPEARANCE for United States by R. Jonas Geissler (km) (Entered: 03/24/2004)
691 MOTION by defts for extension of time in which to respond to the supplemental motion for atty fees (km) (Entered: 03/26/2004)
692 AFFIDAVIT of Dianne Stamey Dycus re [691−1] (km) (Entered: 03/26/2004)
693 COMMENTS on joint status report of the State of TN, People First of TN and the Parent Guardian Associations (w/attachments) (km) (Entered: 03/26/2004)
694 RESPONSE by Parent−Guardian Asso to motion for extension of time in which to respond to the supplemental motion for atty fees [691−1] (km) (Entered: 04/01/2004)
695 ORDER by Judge Robert L. Echols granting motion for extension of time in which to respond to the supplemental motion for atty fees [691−1]. Defts shall respond to supplemental motion [684−1] by 5/1/04. (EOD 4/1/04) (cc: all counsel) (km) (Entered: 04/01/2004)
697 CLERK'S RESUME: In−chambers status conference held 4/1/04 ; Defts' motion to partially terminate settlement agreement (DEN 499) will be granted in part and reserved in part. Order to enter. Parties are to report to the Court once every 4 months (in form of a joint status report followed by an in−person status conference with the Court). The parties are directed to work within the parameters of the joint status report (DEN 681). The United States may file comments on the Joint Status Report at the next meeeting, as well as any additional comments provided by the Dept. of Justice. State was granted permission to file a motion to modify the settlement agreement or

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04/01/2004
05/03/2004 05/03/2004 05/20/2004 05/28/2004 07/06/2004 07/08/2004 08/27/2004 09/14/2004 09/14/2004 09/15/2004

partially terminate the settlement agreement with regard to the Harold Jordan Center. Other parties may respond. Order to enter setting a status conference in approximately 4 months. (km) (Entered: 04/02/2004)
698 ORDER by Judge Robert L. Echols: After considering the motion, responses and the entire record, the motion [498−1] is granted in part and reserved in part. Motion is granted with regard to terminating Sections VI an VII as to Nat. T. Winston, but reserved with regard to Greene Valley. Quality Review Panel is directed to conduct a review of the compliance issues raised by the Motion and responses concerning Greene Vally and file an updated report with the Court within 90 days of the date of entry of this order or notify the Court that such update and time to conduct a review is not required. Defts are granted leave to file a motion seeking to dismiss the Harold Jordan Center from the settlement agreement. Other parties may file a response. Status conference is set for 2:30 on 7/12/04. (EOD 4/2/04) (cc: all counsel) (km) (Entered: 04/02/2004)
699 MOTION by Nicole Porter, counsel for US to withdraw attorney of record (km) (Entered: 05/04/2004)
700 AGREED ORDER by Judge Robert L. Echols that the Intervenor Parent Guardian Associations are awarded atty's fees and litigation expenses in the amount of $300,000.00 to be paid by the State of Tennessee. (EOD 5/4/04) (cc: all counsel) (km) (Entered: 05/04/2004)
701 ORDER by Judge Robert L. Echols granting motion of United States for Nicole Porter to withdraw as attorney of record [699−1]. Attys Schneider and Geissler will continue to represent the United States. EOD 5/21/04 (cc: all counsel) (gi) (Entered: 05/21/2004)
702 NOTICE by Michael S. Lottman of filing the report of the Quality Review Panel's most recent review of the Greene Valley Dev Center, with the facility's compliance status updated to 4/03. The report is intended to be responsive to the Court's request for an update of our previous findings. (km) (Entered: 05/28/2004)
703 NOTICE by Michael S. Lottman of filing the report of the Quality Review Panel's 2004 annual review of the Greene Valley Developmental Center. The report is intended to supplement and follow up on the report filed on 5/27/04. (gi) (Entered: 07/07/2004)
704 SUPPLEMENTAL RESPONSE by USA to mtn for partial termination [498−1] (w/attached exhibit A) (gi) (Entered: 07/08/2004)
705 ORDER by Magistrate Judge Juliet E. Griffin: There remains nothing for the Magistrate Judge to address in this case, and the Clerk is directed to forward the filings re attys fees to Judge Echols. (EOD 8/27/04) (cc: all counsel) (km) (Entered: 08/27/2004)
706 CLERK'S RESUME: In Chambers Status conference held 7/12/04 ; State's motion for partial termination of settlement agreement (Docket Entry No. 498) as it related to the Greene Valley Dev Center remains reserved. Clerk is directed to file the Quality Review Panel's 7/2/04 report and the Joint status report No. 2. C/R: Charlotte Barr (km) (Entered: 09/15/2004)
708 JOINT STATUS REPORT No. 2 of the State of Tennessee, People First of Tennessee, United States and Parent Guardian Associations (km) (Entered: 09/15/2004)
707 ORDER by Judge Robert L. Echols: An in−chambers status conference was held 7/12/04. State's motion for partial termination of settlement agreement [498−1] as it related to the Greene Valley remains RESERVED. Clerk is directed to file the Quality Review Panel's 7/2/04, report on Greene Valley and the Joint Status Report No. 2. By 9/27/04, the State shall submit its report regarding Greene Valley and Clover Botton as well as the monthly risk assessment report, to the Court, with copies to all parties. Other parties shall then submit their responses to the State's reports by 10/15/04. Status conference is set for 3:00 on 11/1/04. (EOD 9/15/04) (cc: all counsel) (km) (Entered: 09/15/2004)

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09/27/2004

709 NOTICE by Michael S. Lottman of filing the report of Quality Review Panel's annual system review of the services and supports provided to class members at the Clover Bottom Development Center. This report includes findings and recommendations resulting from the Panel's on site review at Clover Bottom 7/28−8/1/03. (w/attached review) (km) Modified on 09/28/2004 (Entered: 09/28/2004)

10/15/2004 710 RESPONSE by Class Representatives to State submission of compliance reports regarding Greene Valley and Clover Bottom Developmental Centers to [709−1] (w/attached exhibit A) (km) (Entered: 10/15/2004)

10/19/2004 711 RESPONSE by intervenor Parent−Guardian Asso to State's Compliance Reports [709−1] re Greene Valley & Clover Bommon Developmental Centers (hv) (Entered: 10/19/2004)

10/28/2004

712 NOTICE by Michael S. Lottman of filing the report of the Quality Review Panel's annual system review of services and supports provided to class members at the Clover Botton Dev Center. This report includes findings and recommendations resulting from the panel's on−site review at Clover Bottom on 10/4−8/04. (km) (Entered: 10/28/2004)

11/02/2004 713 MOTION by defts for permission to obtain in−patient mental health treatment at MTMHI (w/attached exhibits 1−4 and proposed order) (km) (Entered: 11/02/2004)

11/02/2004 714 DECLARATION of Henry M. Taylor re [713−1] (km) (Entered: 11/02/2004)

11/02/2004 715 DECLARATION of James Finch re [713−1] (km) (Entered: 11/02/2004)

11/02/2004 716 CERTIFICATE by defts of Consultation (km) (Entered: 11/02/2004)

11/04/2004 717 RESPONSE by USA to motion for permission to obtain in−patient mental health treatment at MTMHI [713−1] (km) (Entered: 11/04/2004)

11/05/2004

718 CLERK'S RESUME: Status conference held 11/1/04. Court was advised that CMS rep to conduct informal systems analysis review of the corrective actions taken by the State on 11/15/04 and a formal review the week of 12/6/04 and will then determine whether to lift the moratorium. State to furnish reply to parties' responses to State's reports on Greene Valley and Clover Bottom by 12/15/04. Formal tour by the parties of Green Valley shall take place in April 2005 with an informal tour taking place 30−45 days prior to the April date. Mr. Norris is responsible for scheduling the tours. Parties are to confer in advance on methodology, criteria and data concerns. US to make recommendation to parties concerning issues discussed related to the role of the Quality Review Panel by 11/30/04. Joint status report to be submitted by 2/8/05. In−person status conference with the Court will be scheduled. Superintendents of Clover Bottom, Greene Valley and the Harold Jordan Center are invited to attend. Evidentiary hearing on State's mtn for partial termination of the settlement agreement with regard to Greene Valley will be scheduled. C/R: Dorothy Stiles (gi) (Entered: 11/05/2004)

11/05/2004

719 ORDER by Judge Robert L. Echols: Mtn for permission to obtain in−patient mental health treatment at MTMHI [713−1] is granted provisionally. The Magistrate Judge's order of 10/27/99 is modified to allow Darryl B. to be transferred temporarily to MTMHI for mental health treatment until 4/30/05. Clover Bottom Developmental Center medical personnel and Darryl B.'s current psychiatrist shall consult with treatment professionals at MTMHI re appropriate treatment. During Darryl B.'s stay at MTMHI, the State shall submit monthly reports to the parties, the Quality Review Panel and the Court concerning his condition and the status of his transition to a more appropriate setting. Should it be determined that he will require treatment at MTMHI beyond 4/30/05, parties are to notify the Court of any action to be taken by the Court. EOD 11/5/04 (cc: all counsel) (gi) (Entered: 11/05/2004)

11/24/2004

720 ORDER by Judge Robert L. Echols: In−chambers status conference was held on 11/1/04. The agenda, as set forth in the 7/04 in−chambers meeting was discussed; See Order for complete details. Parties were directed, over the US objection, to submit a joint status report on 2/8/05. Next in−chambers status conference is set for 1:30 on 3/7/05. (EOD 11/29/04) (cc: all counsel) (km) (Entered: 11/29/2004)

11/30/2004 721 JOINT STATUS REPORT No. 3 of the State of Tennessee, People First of Tennessee, United States and Parent Guardian Associations (km) (Entered:

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02/08/2005 02/17/2005 02/22/2005 03/01/2005 03/07/2005
03/10/2005
03/21/2005 04/07/2005
04/07/2005 05/31/2005 06/10/2005 09/14/2005 09/21/2005

11/30/2004)
722 JOINT STATUS REPORT No. 4 of the State of Tennessee, People First of Tennessee, United States and Parent Guardian Associations (km) (Entered: 02/08/2005)
723 MOTION by USA for leave to file materials regarding rate system (w/attached proposed order and attachments) (km) (Entered: 02/17/2005)
724 ATTORNEY APPEARANCE by Darcey Kathleen Donehey for pltf USA (km) (Entered: 02/23/2005)
725 LETTER from the Parent Guardian Associations to supplement concerns regarding the Quality Review Panel as expressed in Joint Status Report Number 4 (jb) (Entered: 03/01/2005)
726 CLERK'S RESUME: In−chambers status conference held 3/7/05 ; An informal tour of Greene Valley by experts shall take place 3/14−18/05. Parties and Quality Review Panel (QRP) will notifiy the State by 3/25/05, of any remaining issues in dispute. A formal tour shall take place 4/25−29/05. The QRP shall provide a final report by 6/3/05. If no solution is resolved re the role of the QRP, the parties shall advise the Court. The next−in−chambers status conference shall be held 6/20/05 at 3:00 p.m. US Motion for leave to submit materials (Docket Entry No. 723) is denied. Order to enter. C/R: Dorothy Stiles (km) (Entered: 03/10/2005)
727 ORDER by Judge Robert L. Echols: An informal tour of Greene Valley by experts of parties shall take place on 3/14−18/05. Parties and Quality Review Panel (QRP) will notify the State by 3/25/05, of any remaining issues in dispute. A formal tour shall take place 4/25−29/05. The QRP shall provide a final report by 6/3/05. If no solution is resolved re the role of the QRP, the parties shall advise the Court. Next in−chambers status conference set for 3:00 on 6/20/05. United States' motion for leave to file regarding rate system [723−1] is denied. (EOD 3/10/05) (cc: all counsel) (km) (Entered: 03/10/2005)
728 NOTICE by Michael S. Lottman of filing the report of the Quality Review Panel's annual system review −2005− of the services provied to class members in West Tennessee community programs. (w/attached review) (km) (Entered: 03/21/2005)
729 AGREED ORDER by Judge Robert L. Echols that the QRP will not report on any disputed issues until after they conduct a review in 5/05. As provided in the settlement agreement, the QRP will, if necessary, review any remaining issues in dispute after the parties conduct the forman review on 4/25−29/05. Following the review, the parties will notify the State of any issues still in dispute as to Greene Valley's noncompliance under the Settlement Agreement by 5/11/05. QRP will conduct a review of any issues still in dispute and provide the parties and the Court a final report in such issues by 6/3/05. (EOD 4/7/05) (cc: all counsel) (km) (Entered: 04/07/2005)
730 ATTORNEY APPEARANCE and change of firm and address for Jonathan P. Lakey, counsel for defts Clover Bottom Devel, Don Sundquist, Julia Bratcher, Mental Health/Retard, Marjorie Nelle Cardwell, Larry L. Durbin, Health TN Dept, Fredia S. Wadley, Finance, TN Dept of, Bob Corker, Rusty Seibert (xc: Ann F.) (km) (Entered: 04/08/2005)
731 TRANSCRIPT filed of proceedings held on 3/7/05 before Judge Echols. C/R: Dorothy Stiles (dlt) (Entered: 05/31/2005)
732 JOINT STATUS REPORT No. 5 of the State of Tennessee, People First of Tennessee, United States and Parent Guardian Assoct. (km) (Entered: 06/13/2005)
733 NOTICE by Michael S. Lottman of filing the report of the Quality Review Panel's annual system review of the services and supports provided to class members in Middle Tennessee community programs. (Attachments: # review and attachments )(km, ) (Entered: 09/15/2005)
734 TRANSCRIPT prepared by OCR Charlotte Sloan for Proceedings held on 7/12/04 before Judge Echols. (km, ) (Entered: 09/22/2005)

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12/06/2005 12/06/2005
12/22/2005
12/30/2005 12/30/2005 01/03/2006 01/09/2006 01/12/2006 01/19/2006
01/19/2006 01/19/2006 01/19/2006 01/26/2006 01/26/2006 01/26/2006

735 JOINT APPLICATION for Award of Attorney's Fees and Reimbursement of Expenses by the Intervenor Parent Guardian Associations and teh State of TN. (aef, ) (Entered: 12/06/2005)
736 AGREED ORDER granting 735 Joint Application for Award of Attorney's Fees and Reimbursement of Expenses. The parties have agreed that $65,100.67 for Attorney's Fees and $19,837.95 for Expenses, which collectively represents an aggregate award of $84,938.62. Signed by Judge Robert Echols on 12/6/05. (aef, ) (Entered: 12/06/2005)
737 SCHEDULING ORDER FOR HEARING ON DEFTS' MOTION FOR PARTIAL TERMINATION OF THE SETTLEMENT AGREEMENT AS TO GREEN VALLEY DEVELOPMENTAL CENTER: Discovery ddl is set for 1/27/06. Joint Proposed Pretrial Order ddl is set for 3/16/06. Hearing is set for 3/28/06 at 9:00 AM. Signed by Judge Robert Echols on 12/16/05. (jb) (Entered: 12/23/2005)
738 MOTION to Quash Deposition Subpoenas by Michael Lottman, Jaylon Fincannon, Rebecca Johnson, Frank Kupstas, and Melanie Reeves. Responses due by 1/17/2006 (km, ) (Entered: 01/03/2006)
739 MEMORANDUM in Support of 738 MOTION to Quash filed by Michael Lottman, Jaylon Fincannon, Rebecca Johnson, Frank Kupstas, and Melanie Reeves. (km, ) (Entered: 01/03/2006)
740 Mail Returned as Undeliverable. Mail sent to Roger Manus, counsel for pltfs. (km, ) (Entered: 01/05/2006)
741 STATEMENT of matters at issue filed by Michael Lottman, Jaylon Fincannon, Rebecca Johnson, Frank Kupstas and Melanie Reeves re 738 Motion to Quash. (km, ) (Entered: 01/11/2006)
742 MOTION for Leave to file reply to defts' response to Motion to Quash Deposition Subpoena by Michael Lottman, Jaylon Fincannon, Rebecca Johnson, Frank Kupstas, Melanie Reeves. Responses due by 1/30/2006 (km, ) Attachment(s) Memorandum Response added on 1/13/2006 (km, ). (Entered: 01/13/2006)
743 ORDER: Court directs the Clerk to file Defts' Response in Opposition to Motion to Quash, as well as Deft's Motion to Compel production of documents. Court grants the QRP's Motion for Leave to file reply to defts' response to Motion to Quash deposition subpoenas 742 and directs the Clerk to file the Memorandum response of Michael Lottman to defts' Motion to compel, which is attached to Docket Entry No. 742. Court grants the QRP's Motion to Quash deposition subpoenas 738 and the Court denies defts' Motion to Compel production of documents pursuant to subpoena issued and served upon custodian of records for QRP. Signed by Judge Robert Echols on 1/19/06. (km, ) Modified text on 1/19/2006 (km, ). (Entered: 01/19/2006)
744 RESPONSE in Opposition re 738 MOTION to Quash filed by Clover Bottom Development Center et al. (km, ) (Entered: 01/19/2006)
745 MOTION to Compel by Clover Bottom Development Center et al. (w/attached exhibits A & B) Responses due by 2/6/2006 (km, ) (Entered: 01/19/2006)
746 MEMORANDUM RESPONSE to 745 MOTION to Compel filed by Michael Lottman, Jaylon Fincannon, Rebecca Johnson, Frank Kupstas, Melanie Reeves. (km, ) (Entered: 01/19/2006)
747 ORDER: Clerk is directed to file the Motion for a Preliminary Injunction and a Declaration, accompanying Memorandum in Support and Certificate of Consultation with appropriate copies to all parties . Signed by Judge Robert Echols on 1/26/06. (km, ) (Entered: 01/27/2006)
748 MOTION for Preliminary Injunction and a Declaration by People First of Tennessee. Responses due by 2/13/2006 (km, ) (Entered: 01/27/2006)
749 MEMORANDUM in Support of 748 MOTION for Preliminary Injunction filed by People First of Tennessee. (Attachments: # 1 Exhibit A−C# 2 Exhibit D−G)(km, ) (Entered: 01/27/2006)

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01/26/2006 02/14/2006
02/15/2006
02/21/2006 02/22/2006 02/22/2006 02/22/2006
02/22/2006 02/22/2006 02/22/2006 02/22/2006 03/03/2006
03/03/2006
03/06/2006
03/06/2006 03/08/2006
03/08/2006

750 CERTIFICATE of Consultation re: 748 filed by People First of Tennessee. (km, ) (Entered: 01/27/2006)
762 JOINT MOTION for Extension of Time for Parents Guardian Associations to File Response to People First's Motion for a Preliminary Injunction by People First of Tennessee & Parent−Guardian Associations. Responses due by 3/3/2006 (Motion inadvertently not filed; ruled on by order 752 )(gi, ) (Entered: 03/07/2006)
751 RESPONSE in Opposition re 748 MOTION for Preliminary Injunction and Declaration that Tenn. Code Ann. 71−5−105(b) Violates the Settlement Agreement and Title XIX of the Social Security Act filed by Clover Bottom Development Center. (Dycus, Dianne) (Entered: 02/15/2006)
752 ORDER: Parent Guardian Associations may respond to the Motion for Preliminary Injunction is extended to 3/3/06. Signed by Judge Robert Echols on 2/21/06. (hv) (Entered: 02/22/2006)
Notice turned off for atty John Floyd per his call this date; His client, Comcare, was dismissed from the case. (aef, ) (Entered: 02/22/2006)
753 ORDER: Clerk is directed to REOPEN this case. Signed by Judge Robert Echols on 2/22/06. (km, ) (Entered: 02/23/2006)
754 ORDER: Clerk is directed to file the Motion for protective order and supporting memorandum, Joint written stmt of matters at issue and the Govt's 2/16/06 letter and attachments that were submitted to the Court by the US as part of the record in this case. Signed by Judge Robert Echols on 2/22/06. (km, ) (Entered: 02/23/2006)
755 MOTION for Protective Order by USA. Responses due by 3/13/2006 (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Exhibit 6)(km, ) (Entered: 02/23/2006)
756 MEMORANDUM in Support of 755 MOTION for Protective Order filed by USA. (km, ) (Entered: 02/23/2006)
757 JOINT Written Statement of matters at issue by USA (km, ) (Entered: 02/23/2006)
758 Letter from Government re: Motion for Protective Order. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Exhibit 6)(km, ) (Entered: 02/23/2006)
759 RESPONSE to Motion re 748 MOTION for Preliminary Injunction filed by Parent−Guardian Association of Clover Bottom Developmental Center, Parent−Guardian Association of Greene Valley Developmental Center. (Attachments: # 1 Exhibit 1, # 2Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, and # 6 Exhibit6 )(West, Dudley) Modified Text on 3/6/2006 (dt). (Entered: 03/03/2006)
760 NOTICE of Filing by Parent−Guardian Association of Clover Bottom Developmental Center, Parent−Guardian Association of Greene Valley Developmental Center re 759 Response to Motion, (Attachments: # 1 Status Conference Part I and # 2 Status Conference Part II)(West, Dudley) Modified Text on 3/6/2006 (dt). (Entered: 03/03/2006)
Note to Filer re: Docket Entry Nos. 759 & 760, exhibits attached. In both docket entry numbers the exhibits attached were not labeled. In the future, all exhibit must be labeled by using the text field to describe the attachment. (See figure 5−11 and accompanying text on page 28−29 of the User Manual). These pleadings Do Not need to be refiled. (dt) (Entered: 03/06/2006)
761 NOTICE of Appearance by Linda L. Keyser on behalf of USA (Keyser, Linda) (Entered: 03/06/2006)
763 MOTION for Attorney Fees (Joint Application) by People First of Tennessee. Responses due by 3/27/2006 (Attachments: # 1 Proposed Order On Joint Application for an award of fees and expenses to People First)(Schwarz, Earle) (Entered: 03/08/2006)
764 Joint MOTION to Stay re 748 MOTION for Preliminary Injunction filed by Plaintiffs by Tennessee, State of, Clover Bottom Development Center. Responses due by

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03/09/2006
03/10/2006 03/13/2006 03/13/2006 03/13/2006 03/14/2006 03/16/2006 03/16/2006
03/30/2006
04/06/2006 04/06/2006 04/12/2006 04/12/2006
05/08/2006
05/22/2006 05/30/2006 05/30/2006

3/27/2006 (Attachments: # 1 Proposed Order Staying Hearing on Plaintiffs' Motion for Preliminary Injunction)(Dycus, Dianne) (Entered: 03/08/2006)
CERTIFICATES OF SERVICE: must contain the full mailing address for all opposing litigants, whether they are served electronically by filing with CM/ECF system or by US Mail (Local Rule 8(a)(4)). The certificate of service associated with the Motion for Atty Fees (#763) does NOT need to be re−filed. (hv) (Entered: 03/09/2006)
765 PROPOSED ORDER OF DISMISSAL of Greene Valley Developmental Center filed by Tennessee, State of, Greene Valley Developmental Center. (Dycus, Dianne) (Entered: 03/10/2006)
766 RESPONSE to Motion re 755 MOTION for Protective Order filed by People First of Tennessee. (Attachments: # 1 Exhibit Letter to Jonas Geissler)(Gran, Judith) (Entered: 03/13/2006)
767 Proposed Pretrial Order Proposed Order by People First of Tennessee. (Gran, Judith) (Entered: 03/13/2006)
768 CERTIFICATE Certificate of Service filed by People First of Tennessee. (Gran, Judith) (Entered: 03/13/2006)
Attorney Michael L. Roden added for USA; Attorney Robert C. Watson terminated−no longer works for USA. (aef, ) (Entered: 03/14/2006)
769 AGREED ORDER: Pltfs/Intervener People First, et al. are awarded fees and litigation expenses in the amount of $295,212.00 to be paid by the State of Tennessee . Signed by Judge Robert Echols on 3/16/06. (km, ) (Entered: 03/16/2006)
770 AGREED ORDER granting defts' motion for partial termination of the settlement agreement. In addition, while the Court retains jurisdiction in this matter, the terms and conditions shall apply as outlined in this order. Signed by Judge Robert Echols on 3/16/06. (km, ) (Entered: 03/17/2006)
771 ORDER: Joint MOTION to Stay 764 re 748 MOTION for Preliminary Injunction filed by Plaintiffs is DENIED at this time, pending the conclusion of the current legislative session, with the right to renew. Signed by Judge Robert Echols on 3/30/06. (km, ) (Entered: 03/30/2006)
772 NOTICE of Appearance by Amie Sosko Murphy on behalf of USA (Murphy, Amie) (Entered: 04/06/2006)
773 ORDER denying as moot 755 Motion for Protective Order . Signed by Judge Robert Echols on 4/6/06. (km, ) (Entered: 04/07/2006)
774 MOTION for permission to obtain in−patient mental health treatment at MTMHI by defts. Responses due by 5/1/2006 (gi, ) (Entered: 04/12/2006)
775 ORDER granting 774 Motion for permission for class member Darryl B. to obtain in−patient mental health treatment at MTMHI for a period of time not to exceed 14 days from the date of admission. Signed by Judge Robert Echols on 4/12/06. (gi, ) (Entered: 04/12/2006)
776 NOTICE by Michael S. Lottman of filing the report of the Quality Review Panel's annual system review of services and supports provided to class members at the Clover Botton Dev Center. (Attachments: # 1 attachment)(km, ) (Entered: 05/09/2006)
777 STATUS REPORT Joint Status Report No. 6 by Tennessee, State of. (Dycus, Dianne) (Entered: 05/22/2006)
778 MOTION for permission to obtain in−patient mental health treatment at MTMHI by defts. Responses due by 6/16/2006 (km, ) (Entered: 05/31/2006)
779 ORDER: Class member Darryl B. may receive inpatient mental health treatment from MTMHI not to exceed 30 days from the date of his admission at that facility. re: 778 . Signed by Judge Robert Echols on 5/30/06. (km, ) (Entered: 05/31/2006)

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06/15/2006 08/09/2006 08/15/2006 08/30/2006 08/31/2006 09/07/2006 10/10/2006 11/07/2006 11/08/2006 12/19/2006
02/21/2007
04/16/2007 05/21/2007 06/13/2007

780 NOTICE of Filing by Michael S. Lottman (Attachments: # 1 Quality Review Panel Annual System Review−2006 West Tennessee Community Programs On−Site Review Report# 2 Attachment 1)(km, ) (Entered: 06/15/2006)
781 MOTION to Withdraw as Attorney s Previously Appearing for the United States by USA. Responses due by 8/28/2006 (Attachments: # 1 Proposed Order granting motion to withdraw)(Keyser, Linda) (Entered: 08/09/2006)
782 AGREED ORDER: Defts may utilize private or public facilities for inpatient mental health treatment of class members in the Middle Tennessee region. See order for complete details. Signed by Judge Robert Echols on 8/14/06. (km, ) (Entered: 08/15/2006)
783 Joint MOTION for Attorney Fees and Expenses by People First of Tennessee. Responses due by 9/18/2006 (Attachments: # 1 Proposed Order On Joint Application for Fees and Expenses)(Schwarz, Earle) (Entered: 08/30/2006)
NOTE TO FILER: Re: Document No. 783; The Certificate of Service should include the names and addresses for all persons served, whether electronically or by mail. This document does not need to be refiled unless otherwise directed by the Court. (km, ) (Entered: 08/31/2006)
784 AGREED ORDER that the Pltfs/Intervener People First, et al., are awarded attys fees and litigation expenses in the amount of $136,934.50 to be paid by the State of Tennesee. re 783 Motion for Attorney Fees . Signed by Judge Robert Echols on 9/7/06. (km, ) (Entered: 09/07/2006)
785 ORDER granting 781 Motion to Withdraw as Attorney. Attorney Deval L. Patrick; Steven H. Rosenbaum; Darcey Kathleen Donehey and Robinsue Frohboese terminated . Signed by Judge Robert Echols on 10/10/06. (km, ) (Entered: 10/10/2006)
786 MOTION for Attorney Fees by Parent−Guardian Association of Clover Bottom Developmental Center, Parent−Guardian Association of Greene Valley Developmental Center. (Attachments: # 1 Proposed Order for Joint Application for Award of Attorneys' Fees and Expenses)(Hardin, Hal) (Entered: 11/07/2006)
Note to Filer re DE #786: Pursuant to Clerk's Office procedure, Certificates of Service should include the names and full addresses for all persons served, whether electronically or by other means. This document does not need to be re−filed unless otherwise directed by the Court. (km, ) (Entered: 11/08/2006)
787 AGREED ORDER that the Intervenor PGA are awarded atty's fees and expenses in the aggregate amount of $50,951.75. Based on the stmts made in the joint application 786 , this award shall in satisfaction of hours expended and costs incurred in connection with the PGA's monitoring and enforcement work during the period from 10/1/05 through 10/6/06 . Signed by Judge Robert Echols on 12/19/06. (km, ) (Entered: 12/19/2006)
788 NOTICE of Filing by Michael Lottman (Attachments: Quality Review Panel− Annual System Review 2006 (Attachment 1) 2006 Compliance Grid (Attachment 2) 2006 Provider Data (Attachment 3) Graph: Issue/Service Area Ratings 2002 to 2006 (Attachment 4) Individual Class Member Recommendations)(km, ) (Entered: 02/21/2007)
789 NOTICE by Michael Lottman of filing the report of the Quality Review Panel's Annual System Review at the Clover Bottom Development Center (km, ) (Entered: 04/20/2007)
790 MOTION to Withdraw as Attorney for Linda Keyser, Esq. by USA. (Attachments: # 1 Proposed Order Granting Motion to Withdraw Appearance of Linda Keyser, Esq.)(Geissler, R.) (Entered: 05/21/2007)
791 ORDER granting 790 Motion to Withdraw as Attorney for the United States. Attorney Linda L. Keyser terminated . Signed by Judge Robert Echols on 6/12/07. (km, ) (Entered: 06/13/2007)

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06/29/2007 792 MOTION Partial Termination of Settlement Agreement or, in the alternative, to Modify the Settlement Agreement regarding Harold Jordan Center by Tennessee, State of. (Dycus, Dianne) (Entered: 06/29/2007)

06/29/2007

793 MEMORANDUM in Support of 792 MOTION Partial Termination of Settlement Agreement or, in the alternative, to Modify the Settlement Agreement regarding Harold Jordan Center filed by Tennessee, State of. (Dycus, Dianne) (Entered: 06/29/2007)

06/29/2007

794 DECLARATION of Dr. Larry Latham filed by Tennessee, State of re: 792 MOTION Partial Termination of Settlement Agreement or, in the alternative, to Modify the Settlement Agreement regarding Harold Jordan Center. (Dycus, Dianne) (Entered: 06/29/2007)

06/29/2007

795 DECLARATION of Dr. Levi Harris filed by Tennessee, State of re: 792 MOTION Partial Termination of Settlement Agreement or, in the alternative, to Modify the Settlement Agreement regarding Harold Jordan Center. (Dycus, Dianne) (Entered: 06/29/2007)

07/02/2007

Note to Filer re DE #794 & 795: Also included with the Declaration should be an appropriate certificate indicating that defts have been served with the pleading and the date of such service. Each exhibit should be filed as a separate attachment to the main document and the mandatory description field used. These documents do not need to be re−filed unless otherwise directed by the Court. (km, ) (Entered: 07/02/2007)

07/30/2007

796 MOTION for Leave to File Accompanying Motion for Protective Order by Tennessee, State of. (Attachments: # 1 Exhibit Motion for Protective Order# 2 Exhibit Exhibit 1 to Motion for Protective Order# 3 Exhibit Memorandum in Support of Motion for Protective Order# 4 Exhibit Certificate of Consultation)(Dycus, Dianne) (Entered: 07/30/2007)

07/30/2007

797 NOTICE by Michael Lottman of filing the report of the Quality Review Panel's annual system review of the services and supports provided to class members in West Tennessee community programs. The on−site portion of this review was completed on 4/16−20/07 (Attachments: # 1 Pages 26−75)(km, ) (Entered: 07/31/2007)

08/06/2007 798 Joint MOTION for Attorney Fees and Expenses by People First of Tennessee. (Attachments: # 1 Proposed Order On Joint Application for the payment of fees and expenses)(Schwarz, Earle) (Entered: 08/06/2007)

08/21/2007 799 AGREED ORDER: Pltfs/Intervener People First, et al. are awarded attys fees and litigation expenses in the amount of $119,469.28 to be paid by the State of Tennessee . Signed by Judge Robert Echols on 8/16/07. (km, ) (Entered: 08/21/2007)

08/28/2007 800 ORDER granting 796 Motion for Leave to file accompanying Motion for Protective Order. Signed by Judge Robert Echols on 8/28/07. (km, ) (Entered: 08/29/2007)

08/29/2007 801 MOTION for Protective Order by Tennessee, State of. (Attachments: # 1 Exhibit Notice of Deposition of Nirbay Singh)(km, ) (Entered: 08/29/2007)

08/29/2007 802 MEMORANDUM in Support of 801 MOTION for Protective Order filed by Tennessee, State of. (km, ) (Entered: 08/29/2007)

08/29/2007 803 CERTIFICATE of Consultation with counsel re 801 filed by Tennessee, State of (km, ) (Entered: 08/29/2007)

08/30/2007 804 ORDER: Defts 801 Motion for Protective Order is granted and Pltf People First's Notice of Deposition of Nirhay Singh is quashed. Signed by Judge Robert Echols on 8/30/07. (km, ) (Entered: 08/31/2007)

09/20/2007

805 MOTION for Extension of Time to File Response/Reply as to 792 MOTION Partial Termination of Settlement Agreement or, in the alternative, to Modify the Settlement Agreement regarding Harold Jordan Center by USA. (Attachments: # 1 Certificate of Service# 2 Proposed Order)(Murphy, Amie) (Entered: 09/20/2007)

09/25/2007

806 ORDER granting 805 Motion for Extension of Time to File Response to 792 MOTION Partial Termination of Settlement Agreement or, in the alternative, to Modify the Settlement Agreement regarding Harold Jordan Center; response now due 10/30/07. Signed by Judge Robert Echols on 9/25/07. (hv) (Entered: 09/26/2007)

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09/28/2007

807 MOTION for Extension of Time to File Response/Reply as to 792 MOTION Partial Termination of Settlement Agreement or, in the alternative, to Modify the Settlement Agreement regarding Harold Jordan Center by People First of Tennessee. (Attachments: # 1 Proposed Order Proposed Order Granting Additional Time# 2 Certificate of Service)(Gran, Judith) (Entered: 09/28/2007)

09/28/2007

808 MOTION for Extension of Time to File Response/Reply as to 792 MOTION Partial Termination of Settlement Agreement or, in the alternative, to Modify the Settlement Agreement regarding Harold Jordan Center by Parent−Guardian Association of Clover Bottom Developmental Center, Parent−Guardian Association of Greene Valley Developmental Center. (Attachments: # 1 Proposed Order# 2 Certificate of Service)(West, Dudley) (Entered: 09/28/2007)

10/01/2007

Note to Filer re DE #807: The Certificate of Service should be signed using the "s/" followed by the filer's typed name. This document does not need to be re−filed unless otherwise directed by the Court. (km) (Entered: 10/01/2007)

10/05/2007

809 ORDER: 807 Motion for Extension of Time to File Response/Reply and 808 Motion for Extension of Time to File Response/Reply re 792 MOTION Partial Termination of Settlement Agreement is granted and the time within which responses are due is extended to 10/30/07. Signed by Judge Robert Echols on 10/5/07. (km) (Entered: 10/09/2007)

10/09/2007 810 Mail Returned as Undeliverable. 806 Order on Motion for Extension of Time to File Response/Reply,. Mail sent to Rebecca Johnson (km) (Entered: 10/10/2007)

10/11/2007

811 NOTICE by Michael Lottman of filing the report of the Quality Review Panel's annual system review. (Attachments: # 12007 Compliance Grid# 22007 Provider Data# 3Displays: Overall Issue/Service Area Ratings 2002−2007# 4 Individual Class Member Recommendations 2007# 5 Correspondence Regarding Defts' Refusal to Respond)(km) (Entered: 10/11/2007)

10/22/2007

812 Joint MOTION to Hold in Abeyance State's Motion for Partial Termination of Settlement Agreement with regard to Harold Jordan Center re 792 MOTION Partial Termination of Settlement Agreement or, in the alternative, to Modify the Settlement Agreement regarding Harold Jordan Center (Joint Motion of United States and State of Tennessee) with Certificate of Service by USA. (Attachments: # 1 Proposed Order Granting Joint Motion of the United States and the State of Tennessee Defendants to Hold in Abeyance State's Motion for Partial Termination of Settlement Agreement with Regard to Harold Jordan Center)(Geissler, R.) (Entered: 10/22/2007)

10/24/2007 813 ORDER granting 812 Joint Motion to hold in abeyance State's Motion for partial termination of settlement agreement with regard to Harold Jordan Center. Signed by Judge Robert Echols on 10/24/07. (km) (Entered: 10/25/2007)

10/30/2007

814 RESPONSE to Motion re 792 MOTION Partial Termination of Settlement Agreement or, in the alternative, to Modify the Settlement Agreement regarding Harold Jordan Center filed by Parent−Guardian Association of Clover Bottom Developmental Center, Parent−Guardian Association of Greene Valley Developmental Center. (West, Dudley) (Entered: 10/30/2007)

10/30/2007

815 MOTION for Extension of Time to File Response/Reply as to 792 MOTION Partial Termination of Settlement Agreement or, in the alternative, to Modify the Settlement Agreement regarding Harold Jordan Center Motion to Hold in Abeyance the State's Motion for Partial Termination of the Settlement Agreement with Regard to the Harold Jordan Center by People First of Tennessee. (Attachments: # 1 Proposed Order)(Gran, Judith) (Entered: 10/30/2007)

10/31/2007

Note to Filer re DE 814: Pursuant to court policy and procedure, Certificates of Service must include the names and full addresses for all persons served (whether served electronically or by other means), what was served, method of service and date of service. (See Local Rule 5.01.) Please file a conformed Certificate of Service for this document. (km) (Entered: 10/31/2007)

10/31/2007

816 CERTIFICATE OF SERVICE by Parent−Guardian Association of Clover Bottom Developmental Center, Parent−Guardian Association of Greene Valley Developmental Center re 814 Response to Motion, (West, Dudley) (Entered: 10/31/2007)

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11/09/2007 11/28/2007 11/29/2007 12/03/2007 12/03/2007 12/12/2007 01/10/2008
01/24/2008
01/28/2008
02/04/2008
02/04/2008 02/04/2008

817 ORDER granting 815 Motion for Extension of Time to 2/27/08 to File Response to 792 Motion for Partial Termination of Settlement Agreement. Signed by Judge Robert Echols on 11/9/07. (gi) (Entered: 11/09/2007)
818 Consent MOTION for Attorney Fees and Expenses (Eighth Supplemental) by People First of Tennessee. (Attachments: # 1 Proposed Order On Eighth Supplemental Application for Fees and Expenses)(Schwarz, Earle) (Entered: 11/28/2007)
Note to Filer re DE #818: Pursuant to court policy and procedure, Certificates of Service must include the names and full addresses for all persons served (whether served electronically or by other means), what was served, method of service and date of service. (See Local Rule 5.01.) Please file a conformed Certificate of Service for this document. (km) (Entered: 11/29/2007)
819 NOTICE by People First of Tennessee re Docket Annotation, of filing Conformed Certificate of Service of Joint Application for Fees and Expenses (Schwarz, Earle) (Entered: 12/03/2007)
820 AGREED ORDER granting 818 Joint Application for an award of attys' fees and expenses to People First. Pltfs/Intervener People First, et al. are awarded attys fees and litigation expenses in the amount of $86,100.86 to be paid by the State of Tennessee. Motion for Attorney Fees. Signed by Judge Robert Echols on 11/30/07. (km) (Entered: 12/03/2007)
821 Consent MOTION for Attorney Fees and Expenses by Parent−Guardian Association of Clover Bottom Developmental Center, Parent−Guardian Association of Greene Valley Developmental Center. (Attachments: # 1 Proposed Order for Joint Application for Award of Attorneys' Fees and Expenses)(West, Dudley) (Entered: 12/12/2007)
822 NOTICE by Michael Lottman/QRP advising the Court of the failure of the defts in this action to participate in the primary mechanism established by the Settlement Agreement for oversight and monitoring of the implementation effort. (Attachments: # 1 Letters re: QRP West Tennessee Report (2007)# 2 Letters re: QRP Middle Tennessee Report (2007)# 3 Clover Bottom Response to 2007 QRP Report 5/24/07# 4 QRP Reply to Clover Bottom Response (2007) 8/28/07# 5 Letters re: Clover Bottom Report/Response (2007))(km) (Entered: 01/11/2008)
823 MOTION for Leave to To File Accompanying Response to the Quality Review Panel's January 9, 2008 Letter and Declaration of Stephen H. Norris re 822 Notice by Tennessee, State of. (Attachments: # 1 Exhibit Response of Defendants to the Quality review Panel's January 9, 2008 Letter# 2 Exhibit Declaration of Stephen H. Norris in Support of Response to the Quality Review Panel's January 9, 2008 Letter)(Dycus, Dianne) Modified text on 1/31/2008 (km). (Entered: 01/24/2008)
824 AGREED ORDER: Intervenor PGA are awarded atty's fees and expenses in the aggregate amount of $23,037.07. Based on the statement made in the joint application 821 , this award shall be in satisfaction of hours expended and costs incurred in connection with the PGA's monitoring and enforcement work during the period from 10/7/07 −11/30/07. Signed by Judge Robert Echols on 1/28/08. (km) (Entered: 01/29/2008)
825 ORDER: 823 Motion for Leave to File Accompanying Response to the Quality Review Panel's 1/9/08 Letter and Declaration of Stephen H. Norris is granted. The Clerk is directed to give the Response attached to the Motion a separate docket entry number. The Clerk is also in receipt of a 1/30/08, letter from Michael S. Lottman Chair of the Quality Panel Review Panel seeking leave to reply to Defts' Response. The request is granted. The Clerk is directed to docket the letter as a Reply. Signed by Judge Robert Echols on 2/4/08. (km) (Entered: 02/04/2008)
826 RESPONSE of Defts Tennessee, State, et al. to the Quality Review Panel's 1/9/08 Letter 822 and MOTION to Strike Docket Entry No. 822 . (km) Modified text on 5/29/2008 (km). (Entered: 02/04/2008)
827 DECLARATION of Stephen H. Norris filed by Tennessee, State of re: 826 Response. (km) (Entered: 02/04/2008)

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02/04/2008 02/04/2008 02/12/2008
02/13/2008 02/13/2008
02/25/2008 02/26/2008 02/27/2008 02/28/2008 02/29/2008
03/10/2008
03/13/2008

828 REPLY filed by Michael Lottman, Quality Review Panel re 826 Response filed by Tennessee, State of. (km) (Entered: 02/04/2008)
852 MOTION to Strike 822 Letter by Tennessee, State of. (Docketed per Order # 849 − See DE #826 for document) (km) (Entered: 06/02/2008)
830 ORDER: Court is in receipt of the Quality Review Panel's "Supplemental Report on Community Programs" intended to supplement its annual review of class members' community services for 2007. (See Docket Entry Nos. 797 , 811 ). Clerk is directed to file the report, and accompanying 2/1/08, cover letter from Michael S. Lottman, as a part of the record in this case. Signed by Judge Robert Echols on 2/12/08. (km) (Entered: 02/13/2008)
829 MOTION and MEMORANDUM FOR LEAVE TO FILE RESPONSE TO DEFENDANTS' RESPONSE TO QUALITY REVIEW PANEL'S JANUARY 9, 2008 LETTER, AND MOTION FOR LEAVE TO CROSS MOVE re 826 Response by USA. (Attachments: # 1 Proposed Order (2) Response (3) Proposed Order (Geissler, R.) Modified text on 2/14/2008 (km). (Entered: 02/13/2008)
831 NOTICE by Michael Lottman of filing the report of the Quality Review Panel that is intended to supplement its annual review of class members community services for 2007 in light of recent critical developments. (Attachments: # 1 QRP Letter to DMRS 12/21/07# 2 DMRS Memorandum Re: Reimbursement Reductions 12/6/07# 3 DMRS Letter to Consumers et al., (including fact sheet) 1/18/08# 4 DMRS Memorandum Re: Rate Adjustments 12/26/07# 5 Memorandum of Concerns Re: Nursing Policies# 6 DMRS Memorandum Re: Cost Review Initiatives 10/21/07# 7 DMRS Cost Review Protocols 1/08# 8 DMRS Memorandum Re: Cost Review Process 1/9/08)(km) (Entered: 02/13/2008)
832 RESPONSE in Support of United States' Cross Motion to require defts to provide plans of correction for systemic deficiencies identified in Quality Review Panel Reports re 829 re 826 Response filed by People First of Tennessee. (Schwarz, Earle) Modified text on 2/25/2008 (km). (Entered: 02/25/2008)
833 MOTION for Extension of Time to File Response/Reply as to 792 MOTION Partial Termination of Settlement Agreement or, in the alternative, to Modify the Settlement Agreement regarding Harold Jordan Center by USA. (Attachments: # 1 Proposed Order Granting United States' Motion for Extension of Time to Respond to Defendants' Motion for Partial Termination)(Geissler, R.) (Entered: 02/26/2008)
834 RESPONSE in Opposition re 792 MOTION Partial Termination of Settlement Agreement or, in the alternative, to Modify the Settlement Agreement regarding Harold Jordan Center filed by People First of Tennessee. (Attachments: # 1 Proposed Order # 2 Certificate of Service)(Gran, Judith) (Entered: 02/27/2008)
Note to Filer re DE 834: The Certificate of Service should be signed using the "s/" followed by the filer's typed name. This document does not need to be re−filed unless otherwise directed by the Court. (km) (Entered: 02/28/2008)
835 MOTION for Leave to to File Accompanying Response in Opposition to United States' Cross Motion to Require Defendants to Provide Plans of Correction for Systemic Deficiencies Identified in Quality Review Panel Annual Reports (Attachment: # 1) Exhibit−Response in Opposition to United States' Cross Motion to Require Defendants to Provide Plans of Correction)(Dycus, Dianne) Modified text on 3/4/2008 (gi). (Entered: 02/29/2008)
836 MOTION for Leave to file reply to Defts' Opposition to Cross Motion re 835 by USA.(Attachments: # 1 Appendix Reply to Defendants Opposition to Cross Motion to Require Defendants to Provide Plans of Correction for Systemic Deficiencies Identified in Quality Review Panel Annual Reports# 2 Proposed Order Granting the United States Motion for Leave to File Reply (Geissler, R.) Modified text on 3/10/2008 (km). (Entered: 03/10/2008)
837 ORDER: 835 Motion for Leave to file response is granted. Clerk is directed to give the response attached to the Motion a separate docket entry number. Signed by Judge Robert Echols on 3/13/08. (km) (Entered: 03/14/2008)

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03/13/2008 03/13/2008 03/13/2008 03/14/2008 03/26/2008 03/26/2008 03/27/2008 03/31/2008 04/25/2008 04/25/2008 05/29/2008 05/29/2008
05/29/2008 05/29/2008

838 RESPONSE in Opposition re 829 MOTION for Leave to file MOTION COMBINED WITH MEMORANDUM IN SUPPORT FOR LEAVE TO FILE RESPONSE TO DEFENDANTS' RESPONSE TO QUALITY REVIEW PANEL'S JANUARY 9, 2008 LETTER, AND FOR LEAVE TO CROSS MOVE filed by defts State of Tennessee, et al. (km) (Entered: 03/14/2008)
839 ORDER: 836 Motion for Leave to file reply is granted. The reply is attached to the Motion and the Clerk is directed to give the Reply a separate docket entry number. Signed by Judge Robert Echols on 3/13/08. (km) (Entered: 03/14/2008)
840 REPLY to Response to 829 MOTION for Leave to file MOTION COMBINED WITH MEMORANDUM IN SUPPORT FOR LEAVE TO FILE RESPONSE TO DEFENDANTS' RESPONSE TO QUALITY REVIEW PANEL'S JANUARY 9, 2008 LETTER, AND FOR LEAVE TO CROSS MOVE filed by USA. (km) (Entered: 03/14/2008)
841 MOTION for Leave to Leave to File re 840 Reply to Response to Motion, by Tennessee, State of. (Attachments: # 1 Exhibit Defendants' Surreply to United States' Reply to Defendants' Opposition to United States' Cross Motion to Require Defendants to Provide Plans of Corrections)(Dycus, Dianne) (Entered: 03/14/2008)
842 ORDER granting 841 Motion for Leave to File Sur−reply. Signed by Judge Robert Echols on 03/26/08. (ab) (Entered: 03/27/2008)
843 SURREPLY filed by Defts. State of Tennessee in Opposition to the United State's 829 Cross Motion. (ab) (Entered: 03/27/2008)
844 ORDER: 833 Motion for Extension of Time to File Response/Reply re 792 MOTION Partial Termination of Settlement Agreement with regard to Harold Jordan Center is granted, and the time within which the United States may respond is extended from 2/27/08 to 3/30/08. Signed by Judge Robert Echols on 3/27/08. (km) (Entered: 03/28/2008)
845 RESPONSE to 792 MOTION Partial Termination of Settlement Agreement or, in the alternative, to Modify the Settlement Agreement regarding Harold Jordan Center filed by USA. (Geissler, R.) Modified text on 3/31/2008 (km). (Entered: 03/31/2008)
846 ORDER: The Court is in receipt of the Quality Review Panel's "Annual System Review Clover Bottom Developmental Center" dated 4/22/08. Clerk is directed to file the report, and accompanying letter, dated 4/21/08, from Michael S. Lottman, as a part of the record in this case. Signed by Senior Judge Robert Echols on 4/25/08. (km) (Entered: 04/25/2008)
847 NOTICE by Michael Lottman of filing the report of the Quality Review Panel's annual system review of the services and supports provided to class members at the Clover Bottom Developmental Center. (km) (Entered: 04/25/2008)
848 ORDER: A hearing in this case is scheduled for 6/18/2008 09:00 AM before Senior Judge Robert Echols. The parties shall attend and be prepared to discuss the matters as outlined in this order. Signed by Senior Judge Robert Echols on 5/29/08. (km) (Entered: 05/29/2008)
849 ORDER: 829 Motion filed by the United States is granted. Clerk is directed to give the Reply/Cross Motion, which is filed as an attachment to the Motion (Docket Entry No. 829−2), a separate docket entry number and docket it as a: Reply to the State's Response (Docket Entry No. 826); and "Cross Motion to Require Defendants to Provide Plans of Corrections for Systemic Deficiencies Identified in Quality Review Panel Annual Reports"; and The Clerk is directed to note on the docket sheet that Docket Entry No. 826 is a: Response by the State to Docket Entry No. 822 and Motion to Strike Docket Entry No. 822. Parties are directed not to file any further pleadings before the hearing set by separate order without prior permission of the Court.. Signed by Senior Judge Robert Echols on 5/29/08. (km) (Entered: 05/29/2008)
850 REPLY filed by USA re 826 Response filed by Tennessee, State of. (km) (Entered: 05/29/2008)
851 CROSS MOTION to require defts to provide plans of correction for systemic deficiencies identified in Quality Review Panel Annual Reports by USA. (km)

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06/09/2008 06/10/2008 06/17/2008 06/17/2008 06/18/2008 06/27/2008
06/30/2008
07/21/2008 08/27/2008
09/11/2008

(Entered: 05/29/2008)
853 ORDER: The Court is in receipt of the Quality Review Panel's "Annual System Review − 2007 East Tennessee Community Programs" dated 2/29/08. The Clerk is directed to file the report, and accompanying cover letter, dated 2/29/08, from Michael S. Lottman, as a part of the record in this case. Signed by Senior Judge Robert Echols on 6/9/08. (km) (Entered: 06/10/2008)
854 NOTICE of Filing the report of the Quality Review Panel's annual system review of the services and supports provided to class members in 2007 in East Tennessee community programs by Michael Lottman (Attachments: # 1 Attachment 1−3, # 2 Attachment 4)(km) (Entered: 06/10/2008)
855 ORDER: The Court is in receipt of the Quality Review Panel's "Supplemental Report on Community Placement − Clover Bottom Developmental Center" dated June 10, 2008. The clerk is directed to file the report, and accompanying cover letter, dated June 10, 2008, from Michael S. Lottman, as a part of the record in this case. Signed by Senior Judge Robert Echols on 6/17/08. (kb) (Entered: 06/17/2008)
856 NOTICE of Filing (re 855 Order) the Quality Review Panel's Supplemental Report on Community Placement − Clover Bottom Developmental Center dated 6/10/08 and the accompanying cover letter of 6/10/08 from Michael S. Lottman. (kb) (Entered: 06/17/2008)
857 Minute Entry for proceedings held before Senior Judge Robert Echols: Hearing on Motions held on 6/18/2008 (Court Reporter Dorothy Stiles.) (km) (Entered: 06/19/2008)
858 ORDER: Court held a hearing on 6/18/08. The following deadlines were established and agreed upon by the parties: expert disclosures are due 7/18/08, with rebuttal expert disclosures due 8/18/08., Discovery due by 9/30/2008., Dispositive Motions due by 10/15/2008., Hearing on 792 MOTION Partial Termination of Settlement Agreement or, in the alternative, to Modify the Settlement Agreement regarding Harold Jordan Center is set for 1/7/2009 09:00 AM before Senior Judge Robert Echols. Signed by Senior Judge Robert Echols on 6/27/08. (km) (Entered: 06/27/2008)
859 ORDER: The State's motion to strike Mr. Lottman's 1/9/08 letter from the record 852 is denied. The United States's cross motion to require defts to provide plans of correction for systemic deficiencies identified in Quality Review Panel Annual Reports 851 is denied. Parties are directed to inform the Court jointly in writing within 20 days whether the parties wish to resume quarterly status conferences with an assigned Magistrate Judge or whether the parties desire, and can agree to, appointment of an outside mediator or special master. Signed by Senior Judge Robert Echols on 6/30/08. (gi) (Entered: 06/30/2008)
860 NOTICE of Parties Filing in Conformity with Order Entered June 30, 2008 by Tennessee, State of re 859 Order (Dycus, Dianne) Modified text on 7/22/2008 (km). (Entered: 07/21/2008)
861 Transcript filed for dates of 6/18/08 before Judge Echols. Court Reporter/Transcriber: Dorothy Stiles, Telephone number: 615−330−1764, E−Mail Address: Dorothy_Stiles@tnmd.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. Intent to Request Transcript Redaction due 9/8/2008. Redaction Request due 9/15/2008. Redacted Transcript Deadline set for 9/24/2008. Release of Transcript Restriction set for 11/24/2008. (km) (Entered: 08/27/2008)
862 ORDER: The Court is in receipt of the Quality Review Panel's "Annual System Review − 2008 West Tennessee Community Programs" dated 7/29/08, with cover letter and "Compliance Mediation Report Harold Jordan Center," dated 6/26/08, with cover letter. The Clerk is directed to file the reports, and accompanying cover letters from Michael S. Lottman as a part of the record in this case. Signed by Senior Judge Robert Echols on 9/11/08. (km) (Entered: 09/12/2008)

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09/12/2008 09/15/2008 09/18/2008 09/19/2008 09/22/2008 09/24/2008
09/24/2008 09/25/2008 09/26/2008 09/30/2008
10/09/2008 10/15/2008 10/31/2008

863 NOTICE of Filing the report of the Quality Review Panel's compliance mediation report on the services and supports provided to class members at the Harold Jordan Center operated by the defts by Michael Lottman re 862 Order, (Attachments: # 1 Quality Review Panel's annual system report, # 2 Cont')(km) (Entered: 09/12/2008)
864 ORDER: The Court REFERS this case to Magistrate Judge Joe Brown to mediate the parties' concerns re the Quality Review Panel ("QRP"), including changing the composition of the QRP. On−the record Status Conference set for 1/7/2009 09:00 AM before Senior Judge Robert Echols. Signed by Senior Judge Robert Echols on 9/15/08. (km) (Entered: 09/15/2008)
865 ORDER: In order to prepare for this mediation and to select a date, a telephone conference with parties only is set for 9/24/2008 03:30 PM before Magistrate Judge Joe Brown. Signed by Magistrate Judge Joe B. Brown 9/18/08. (km) (Entered: 09/18/2008)
866 NOTICE of Change of Address by Quality Review Panel (km) (Entered: 09/22/2008)
Address updated for Quality Review Panel/Michael S. Lottman this date per DE No. 866. (af) (Entered: 09/22/2008)
867 ORDER: The Court has received a letter from Mr. Michael S. Lottman resigning as chairman of the Quality Review Panel, effective 10/15/08. The Court accepts Mr. Lottman's resignation. Under the supervision of the Magistrate Judge, the parties shall consult with each other on the selection of a replacement member for the retiring Mr. Lottman, and selection of a new chairman. Clerk is directed to file Mr. Lottman's letter of resignation as part of the record in this case. Signed by Senior Judge Robert Echols on 9/24/08. (km) (Entered: 09/24/2008)
868 Letter from Mr. Michael S. Lottman filed per Order # 867. (km) (Entered: 09/24/2008)
869 ORDER: A telephone conference was held with the parties in this matter on 9/24/08. After discussion with the parties, this matter is set for an initial mediation session on 10/10/2008 at 01:00 PM before Magistrate Judge Joe Brown. Signed by Magistrate Judge Joe Brown on 9/25/08. (km) (Entered: 09/26/2008)
870 PROPOSED ORDER GRANTING DEFENDANTS' MOTION FOR PARTIAL TERMINATION OF THE SETTLEMENT AGREEMENT AS TO HAROLD JORDAN CENTER by Tennessee, State of. (Dycus, Dianne) Modified text on 9/29/2008 (km). (Entered: 09/26/2008)
871 ORDER: For good cause shown and as no party now opposes the pending motion, it is therefore ORDERED that Defts' Motion to Terminate with respect to conditions at Harold Jordan Center 792 is GRANTED on the basis that defts have demonstrated the achievement and maintenance of substantial compliance with sections VI(Institution Care and Services) and VII(Protection From Harm) of the Settlement Agreement. In addition, while the Court retains jurisdiction of this matter, the terms and conditions as outlined in this order shall apply. Signed by Senior Judge Robert Echols on 9/30/08. (km) (Entered: 09/30/2008)
872 MOTION for Leave to Leave to File Motion to Amend re 871 Order on Motion for Miscellaneous Relief,,, MOTION to Amend/Correct by USA. (Attachments: # 1 Appendix Motion and Combined Memorandum to Amend Order, # 2 Proposed Order Granting United States' Motion for Leave to File Motion to Amend)(Geissler, R.) (Entered: 10/09/2008)
873 ORDER: In order to continue to move this process forward, a further Telephone Conference with the parties is set for 11/13/2008 10:00 AM. The parties should call 615−695−2851 at the appointed hour. Signed by Magistrate Judge Joe Brown on 10/15/08. (km) (Entered: 10/15/2008)
874 ORDER: The Court is in receipt of the Quality Review Panel's "Annual System Review − 2008 Middle Tennessee Community Programs" dated 10/3/08, with cover letter from Chairman Michael Lottman. Clerk is directed to file the report, and accompanying cover letter from Michael S. Lottman as a part of the record in this case. Signed by Senior Judge Robert Echols on 10/31/08. (km) (Entered: 10/31/2008)

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10/31/2008

875 ORDER granting 872 motion for leave to file motion to amend order granting partial termination of settlement agreement with regard to Harold Jordan Center. The Clerk is directed to accept for filing the United States' motion to amend order. Signed by Senior Judge Robert Echols on 10/31/08. (af) (Entered: 11/03/2008)

10/31/2008 876 MOTION with Combined Memorandum by USA to Amend Order granting partial termination of settlmenet agreement with regard to Harold Jordan Center. (af) (Entered: 11/03/2008)

11/04/2008

877 NOTICE of Filing of the Quality Review Panel Annual System Review − 2008 − Middle Tennesee Community Programs by Michael Lottman re 874 Order, (Attachments: # 1 Report Cont' − Attachment 2 & 3), # 2 Report Cont' − Attachment 4 and envelope, # 3 Cover letter)(km) (Entered: 11/04/2008)

11/11/2008 878 RESPONSE in Opposition re 876 MOTION to Amend/Correct filed by Tennessee, State of, People First of Tennessee. (Derryberry, Jack) (Entered: 11/11/2008)

11/13/2008

879 Mail Returned as Undeliverable. 874 Order. Mail sent to Quality Review Panel c/o Michael S. Lottman, 3200 West End Avenue, Suite 500, Nashville,TN 37203 (km) (Resent to current address 1881 General George Patton Drive, Suite 105, Franklin, TN 37067 on 11/14/2008) (km). (Entered: 11/14/2008)

11/13/2008

880 ORDER: An ex parte telephone call is set for 11/17/2008 10:00 AM before Magistrate Judge Joe Brown with Attorney Jonas Giessler, at his request, re the quality review panel issue. Signed by Magistrate Judge Joe Brown on 11/13/08. (km) (Entered: 11/14/2008)

11/14/2008

881 ORDER: Telephone conference was held on 11/13/08. A meeting is set for 12/16/2008 10:30 AM. In the event additional time is required, the Magistrate Judge will be prepared to continue the conference on 12/17/08. Signed by Magistrate Judge Joe Brown on 11/14/08. (km) (Entered: 11/14/2008)

11/17/2008 882 Mail Returned as Undeliverable. 875 Order. Mail sent to Melanie Reeves (km) (Entered: 11/18/2008)

11/17/2008 883 Mail Returned as Undeliverable. 875 Order. Mail sent to Jaylon Fincannon (km) (Entered: 11/18/2008)

11/17/2008 884 Mail Returned as Undeliverable. 875 Order. Mail sent to Rebecca Johnson (km) (Entered: 11/18/2008)

11/18/2008

Mailing information and email address updated for the Quality Review Panel this date as follows: Quality Review Panel c/o Jaylon Fincannon, Acting Chairman, 1881 General George Patton Drive, Suite 105, Franklin, TN 37067, Phone: (615) 376−4211, Fax: (615) 376−3033, Email: qrpanel@aol.com. (af) (Entered: 11/18/2008)

12/05/2008

885 Consent MOTION for Attorney Fees and Expenses by Parent−Guardian Association of Clover Bottom Developmental Center, Parent−Guardian Association of Greene Valley Developmental Center. (Attachments: # 1 Proposed Order for Joint Application for Award of Attorneys' Fees and Expenses)(West, Dudley) (Entered: 12/05/2008)

12/23/2008

886 AGREED ORDER re 885 Consent MOTION for Attorney Fees. The Intervenor Parent Guardian Associations (the PGA) and the State of Tennessee have filed a Joint Application For Award of Attorneys Fees and Reimbursement of Expenses to the PGA. The PGA are "prevailing parties" entitled to awards of expenses and reasonable attorney's fees in this case. The parties have agreed that Thirty−Three Thousand One Hundred Fourteen and No/100 Dollars ($33,114.00) for attorney's fees and Sixty and 95/100 Dollars ($60.95) for expenses, which collectively represents an aggregate award of Thirty−Three Thousand One Hundred Seventy−Four and 95/100 Dollars ($33,174.95), represents an appropriate award of attorneys fees and expenses for monitoring and enforcement related work during the period from December 1, 2007 through November 12, 2008. Accordingly, it is hereby ordered that the Intervenor PGA are awarded attorney's fees and expenses in the aggregate amount of Thirty−Three Thousand One Hundred Seventy−Four and 95/100 Dollars ($33,174.95). Based on the statements made in the joint application, this award shall be in satisfaction of hours expended and costs incurred in connection with the PGA's

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monitoring and enforcement work during the period from December 1, 2007 through November 12, 2008. It is so ORDERED. Signed by Senior Judge Robert Echols on 12/23/08. (af) (Entered: 12/23/2008)

12/23/2008

887 ORDER: The United States' Motion Combined With Memorandum In Support To Amend Order Granting Partial Termination Of Settlement Agreement With Regard To Harold Jordan Center ("HJC") (Docket Entry No. 876 ) is hereby DENIED. It is so ORDERED. Signed by Senior Judge Robert Echols on 12/23/08. (af) (Entered: 12/23/2008)

01/07/2009 888 MOTION for Attorney Fees by People First of Tennessee. (Derryberry, Jack) (Entered: 01/07/2009)

01/07/2009 889 PROPOSED AGREED ORDER re: 888 MOTION for Attorney Fees. (Derryberry, Jack) Modified text on 1/7/2009 (km). (Entered: 01/07/2009)

01/07/2009

Note to Filer re DE #888 & 889: Pursuant to court policy and procedure, Certificates of Service must include the names and full addresses for all persons served (whether served electronically or by other means), what was served, method of service and date of service. (See Local Rule 5.01.) Please file a conformed Certificate of Service only for these documents. (km) (Entered: 01/07/2009)

01/07/2009 893 Minute Entry for proceedings held before Senior Judge Robert Echols: Status Conference held on 1/7/2009. (Court Reporter Dorothy Stiles.) (km) (Entered: 01/09/2009)

01/08/2009 890 CERTIFICATE of Service re 888 filed by People First of Tennessee. (Derryberry, Jack) Modified on 1/9/2009 (km). (Entered: 01/08/2009)

01/08/2009 891 CERTIFICATE of Service re 889 filed by People First of Tennessee. (Derryberry, Jack) Modified on 1/9/2009 (km). (Entered: 01/08/2009)

01/08/2009

892 ORDER: The Court is in receipt of the Quality Review Panels Annual System Review 2008 East Tennessee Community Programs dated December 22, 2008, with cover letter from Jaylon Fincannon. The Clerk is directed to file the report, and accompanying cover letter from Jaylon Fincannon as a part of the record in this case. Signed by Senior Judge Robert Echols on 1/8/09. (km) (Entered: 01/08/2009)

01/09/2009

894 NOTICE of Filing of the report of the Quality Review Panel annual system review of the services and supports provided to class members in East Tennessee community programs. (Attachments: # 1 Letter from Jaylon Fincannon)(km) Modified to include page 49 on 1/29/2009 (km). (Entered: 01/09/2009)

01/09/2009

895 ORDER: The Court held a status conference with counsel for the parties on Wednesday, January 7, 2009. The parties will meet with Magistrate Judge Brown for an additional mediation session in an effort to resolve all outstanding issues concerning the composition of the Quality Review Panel (QRP). Magistrate Judge Brown and the parties will prepare a written agenda in advance of each quarterly status conference. A Status Conference is set for 6/29/2009 03:00 PM before Senior Judge Robert Echols. Signed by Senior Judge Robert Echols on 1/9/09. (km) (Entered: 01/09/2009)

01/20/2009

896 AGREED ORDER: Pltfs/Intervener People First, et al. are awarded attys fees and litigation expenses in the amount of $130,378.89 to be paid by the State of Tennessee. Based upon the stmts made in the Joint Application 888 , this award shall be in satisfaction of all hours expended and costs incurred in connection with People First's enforcement work during this period from 8/1/07 − 8/31/08 and in connection with all work done on Defts' Motion for partial termination of settlement agreement or, in the alternative, to modify the settlement agreement regarding Harold Jordan Center 792 . Signed by Senior Judge Robert Echols on 1/16/09. (km) (Entered: 01/20/2009)

01/21/2009

897 ORDER: Parties are requested to meet with the Magistrate Judge on 2/3/2009 at 09:30 AM. Parties are requested by noon on February 2, 2009, to send ex parte to the Magistrate Judge their position concerning membership in the review panel. Signed by Magistrate Judge Joe Brown on 1/21/09. (km) (Entered: 01/22/2009)

02/04/2009 898 ORDER: A conference was held with the parties in this matter on February 3, 2009. The parties have reached a tentative agreement in this matter subject to final approval.

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02/13/2009 02/18/2009 02/26/2009
03/31/2009
06/24/2009 06/30/2009 07/09/2009 07/13/2009 08/12/2009 08/31/2009

The parties were requested to submit, for the Courts signature, by February 17, 2009, an agreed order which will reconstitute the quality review panel. Signed by Magistrate Judge Joe Brown on 2/4/09. (km) (Entered: 02/04/2009)
899 PROPOSED AGREED ORDER Appointing and Replacing certain members of the Quality Review Panel by Tennessee, State of(Dycus, Dianne) Modified text on 2/18/2009 (km). (Entered: 02/13/2009)
Note to Filer re DE #899: Pursuant to Administrative Order No. 167, Section 5.08, proposed orders should be included as an attachment to an electronically filed motion or other request for relief. If the Court orders that counsel submit a proposed order, it should be submitted as an attachment to a Notice of Filing. This document does not need to be re−filed unless otherwise directed by the Court. (km) (Entered: 02/18/2009)
900 AGREED ORDER APPOINTING AND REPLACING CERTAIN MEMBERS OF THE QUALITY REVIEW PANEL: As no party opposes the agreement reached by them, it is therefore ORDERED that the following actions are taken as to the Quality Review Panel created by the Settlement Agreement, Section X.A.: Current Quality Review Panel Member Jaylon Fincannon is hereby appointed as the Chair of the QRP; Current Quality Review Panel Member Frank Kupstas is hereby removed from the QRP effective immediately; Current Quality Review Panel Member Becky Johnson shall continue in her role as a member of the QRP; Ms. Karen Green−McGowan is appointed as a new member of the Quality Review Panel effective immediately; Mr. Walter Hunt is appointed as a new member of the Quality Review Panel effective immediately; In sum, effective with the entry of this Order, the Quality Review Panel shall consist of the following persons: Jaylon Fincannon (Chair); Becky Johnson (member); Karen Green McGowan (member); and, Walter Hunt (member). This Agreed Order is not intended to and therefore does not modify or amend any provision of the Settlement Agreement, including, but not limited to, those provisions relating to how the members of the QRP are selected. Signed by Senior Judge Robert Echols on 2/26/09. (km) (Entered: 02/26/2009)
901 ORDER: The parties have resolved the issues concerning the composition of the Quality Review Panel ("QRP") and will be conducting one or more mediation sessions as necessary with the Magistrate Judge in an effort to determine the methodology to be utilized in future QRP reviews. Thereafter, the parties will conduct quarterly status conferences with the Magistrate Judge, as directed in the Order entered January 9, 2009 (Docket Entry No. 895 ). Because the parties are not scheduled to appear before this Court to review progress until the status conference scheduled for Monday, June 29, 2009, at 3:00 p.m., this case is hereby administratively closed pending further Order of the Court. Signed by Senior Judge Robert Echols on 3/31/09. (km) (Entered: 03/31/2009)
902 Joint MOTION to Continue Status Conference Set for June 29, 2009 by Clover Bottom Development Center. (Dycus, Dianne) (Entered: 06/24/2009)
903 NOTICE of Change of Address by Dudley Mack West (West, Dudley) (Entered: 06/30/2009)
904 NOTICE of Filing by Parent−Guardian Association of Clover Bottom Developmental Center, Parent−Guardian Association of Greene Valley Developmental Center (Attachments: # 1 Proposed Order for Mediation)(West, Dudley) (Entered: 07/09/2009)
905 ORDER: It appears to the court, as evidenced by the respective signatures of counsel, that the parties have agreed to conduct mediation in this case before Magistrate Judge Brown on August 11, 2009 in Courtroom 783, commencing at 10:30 a.m. Signed by Magistrate Judge Joe Brown on 7/13/09. (km) (Entered: 07/13/2009)
906 SEALED ORDER. Signed by Magistrate Judge Joe Brown on 8/12/09. (km) (Entered: 08/12/2009)
907 MOTION Partial Termination of Settlement Agreement Regarding Clover Bottom Developmental Center by Tennessee, State of. (Dycus, Dianne) (Entered: 08/31/2009)

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08/31/2009 08/31/2009 08/31/2009 10/08/2009 10/26/2009
11/19/2009 12/21/2009 12/21/2009 12/21/2009
12/21/2009 12/21/2009
12/23/2009 01/04/2010

908 MEMORANDUM in Support of 907 MOTION Partial Termination of Settlement Agreement Regarding Clover Bottom Developmental Center filed by Tennessee, State of. (Dycus, Dianne) (Entered: 08/31/2009)
909 DECLARATION of Larry Latham filed by Tennessee, State of re: 907 MOTION Partial Termination of Settlement Agreement Regarding Clover Bottom Developmental Center. (Dycus, Dianne) (Entered: 08/31/2009)
910 DECLARATION of Dr. Levi Harris filed by Tennessee, State of re: 907 MOTION Partial Termination of Settlement Agreement Regarding Clover Bottom Developmental Center. (Attachments: # 1 Exhibit 1 FQIC Indicator Report, # 2 Exhibit 2 Facility Outcomes)(Dycus, Dianne) (Entered: 08/31/2009)
911 Consent MOTION for Attorney Fees (proposed order attached) by People First of Tennessee. (Attachments: # 1 Proposed Order)(Schwarz, Earle) (Entered: 10/08/2009)
912 AGREED ORDER ON JOINT APPLICATION FOR AN AWARD OF ATTORNEYS' FEES AND EXPENSES TO PEOPLE FIRTS: granting 911 Motion for Attorney Fees. Plaintiffs/Intervener People First, et al. are awarded attorneys fees and litigation expenses in the amount of $$88,332.98 to be paid by the State ofTennessee. Signed by Senior Judge Robert Echols on 10/26/09. (dt) (Entered: 10/26/2009)
913 NOTICE by Tennessee, State of re 907 MOTION Partial Termination of Settlement Agreement Regarding Clover Bottom Developmental Center of Withdrawal of Motion (Dycus, Dianne) (Entered: 11/19/2009)
914 MOTION for Temporary Restraining Order of Parent Guardian Associations and, MOTION for Preliminary Injunction of Parent Guardian Associations by Parent−Guardian Association of Clover Bottom Developmental Center, Parent−Guardian Association of Greene Valley Developmental Center. (Schaffner, Mary) (Entered: 12/21/2009)
915 MEMORANDUM in Support of 914 MOTION for Temporary Restraining Order of Parent Guardian Associations and MOTION for Preliminary Injunction of Parent Guardian Associations filed by Parent−Guardian Association of Clover Bottom Developmental Center, Parent−Guardian Association of Greene Valley Developmental Center. (Schaffner, Mary) (Entered: 12/21/2009)
916 AFFIDAVIT re 914 MOTION for Temporary Restraining Order of Parent Guardian Associations and MOTION for Preliminary Injunction of Parent Guardian Associations by Parent−Guardian Association of Clover Bottom Developmental Center, Parent−Guardian Association of Greene Valley Developmental Center. (Attachments: # 1 Exhibit A −− Copy of budget summary distributed at hearing, # 2 Exhibit B −− Copy of Dec. 2, 2009 letter from Deputy Comm. Payne, # 3 Exhibit C −− Copy of Dec. 10, 2009 letter from Chair of QRP)(Schaffner, Mary) (Entered: 12/21/2009)
917 AFFIDAVIT re 914 MOTION for Temporary Restraining Order of Parent Guardian Associations and MOTION for Preliminary Injunction of Parent Guardian Associations by Parent−Guardian Association of Clover Bottom Developmental Center, Parent−Guardian Association of Greene Valley Developmental Center. (Schaffner, Mary) (Entered: 12/21/2009)
918 NOTICE of Filing by Parent−Guardian Association of Clover Bottom Developmental Center, Parent−Guardian Association of Greene Valley Developmental Center re 914 MOTION for Temporary Restraining Order of Parent Guardian Associations and MOTION for Preliminary Injunction of Parent Guardian Associations (Attachments: # 1 Exhibit Arlington Developmental Center Closure and Community Transition Plan)(Schaffner, Mary) (Entered: 12/21/2009)
919 MOTION to Withdraw as Attorney Amie Murphy as Counsel for US by USA. (Attachments: # 1 Proposed Order granting Motion to Withdraw Amie Murphy as Counsel for US)(Geissler, R.) (Entered: 12/23/2009)
920 NOTICE of Appearance by Samantha Kay Trepel on behalf of USA (Trepel, Samantha) (Entered: 01/04/2010)

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01/04/2010
01/04/2010
01/04/2010 01/04/2010 01/04/2010 01/05/2010
01/05/2010 01/05/2010
01/05/2010 01/05/2010 01/05/2010 01/05/2010 01/05/2010 01/05/2010 01/06/2010
01/06/2010 01/06/2010 01/06/2010

921 RESPONSE to Motion re 914 MOTION for Temporary Restraining Order of Parent Guardian Associations and MOTION for Preliminary Injunction of Parent Guardian Associations filed by USA. (Attachments: # 1 Exhibit A − emails from State's counsel)(Geissler, R.) (Entered: 01/04/2010)
922 RESPONSE in Opposition re 914 MOTION for Temporary Restraining Order of Parent Guardian Associations and MOTION for Preliminary Injunction of Parent Guardian Associations filed by Tennessee, State of. (Dycus, Dianne) (Entered: 01/04/2010)
923 DECLARATION of Debra K. Payne filed by Tennessee, State of re: 922 Response in Opposition to Motion. (Dycus, Dianne) (Entered: 01/04/2010)
924 MOTION to Strike 916 Affidavit,, Exclude Testimony from the QRP or, Alternatively, to Permit Defendants to Take Discovery of QRP by Tennessee, State of. (Dycus, Dianne) (Entered: 01/04/2010)
925 MEMORANDUM in Support of 924 MOTION to Strike 916 Affidavit,, Exclude Testimony from the QRP or, Alternatively, to Permit Defendants to Take Discovery of QRP filed by Tennessee, State of. (Dycus, Dianne) (Entered: 01/04/2010)
926 MOTION for Emergency Restraining Order by Parent−Guardian Association of Clover Bottom Developmental Center, Parent−Guardian Association of Greene Valley Developmental Center. (Attachments: # 1 Exhibit A −− Copies of Emails, # 2 Exhibit B −− Copies of Emails)(Schaffner, Mary) (Entered: 01/05/2010)
927 NOTICE of Appearance by Matthew Donnelly on behalf of USA (Donnelly, Matthew) (Entered: 01/05/2010)
928 RESPONSE to Motion re 914 MOTION for Temporary Restraining Order of Parent Guardian Associations and MOTION for Preliminary Injunction of Parent Guardian Associations filed by People First of Tennessee. (Attachments: # 1 Exhibit QRP Supplemental Report on Community Placement)(Gran, Judith) (Entered: 01/05/2010)
929 RESPONSE in Opposition re 926 MOTION for Emergency Restraining Order filed by Tennessee, State of. (Attachments: # 1 Exhibit unreported case Boudreau v. Ryan, 2002 WL 314794 (ND Ill. 2002))(Dycus, Dianne) (Entered: 01/05/2010)
930 MOTION to Strike 921 Response to Motion, or, Alternatively, for Leave to File a Reply by Tennessee, State of. (Dycus, Dianne) (Entered: 01/05/2010)
931 MEMORANDUM in Support of 930 MOTION to Strike 921 Response to Motion, or, Alternatively, for Leave to File a Reply filed by Tennessee, State of. (Dycus, Dianne) (Entered: 01/05/2010)
932 MOTION for Leave to to File Out of Time re 928 Response to Motion, by People First of Tennessee. (Attachments: # 1 Proposed Order)(Gran, Judith) (Entered: 01/05/2010)
933 DECLARATION of Kathleen Clinton filed by Tennessee, State of re: 929 Response in Opposition to Motion. (Dycus, Dianne) (Entered: 01/05/2010)
934 DECLARATION of Dr. Levi Harris filed by Tennessee, State of re: 929 Response in Opposition to Motion. (Dycus, Dianne) (Entered: 01/05/2010)
935 REPLY to Response to Motion re 926 MOTION for Emergency Restraining Order filed by Parent−Guardian Association of Clover Bottom Developmental Center, Parent−Guardian Association of Greene Valley Developmental Center. (Schaffner, Mary) (Entered: 01/06/2010)
936 RESPONSE in Support re 926 MOTION for Emergency Restraining Order filed by USA. (Geissler, R.) (Entered: 01/06/2010)
937 CIVIL NOTICE: Settlement Conference set for 1/28/2010 10:00 AM before Magistrate Judge Joe Brown. (km) (Entered: 01/06/2010)
938 ORDER granting 919 Motion to Withdraw as Attorney. Attorney Amie Sosko Murphy terminated. Signed by Senior Judge Robert Echols on 1/6/10. (km) (Entered: 01/06/2010)

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01/06/2010 01/07/2010
01/07/2010 01/07/2010 01/11/2010 01/12/2010 01/12/2010 01/12/2010
01/12/2010 01/13/2010 01/20/2010
01/21/2010

939 ORDER: 932 Motion for Leave to file out of time is granted. Signed by Senior Judge Robert Echols on 1/6/10. (km) (Entered: 01/06/2010)
940 REPLY to Response to Motion re MOTION for Temporary Restraining Order/Preliminary Injunction 914 and RESPONSE to Defendants' Motions as to QRP Letter and Testimony 924 filed by Parent−Guardian Association of Clover Bottom Developmental Center, Parent−Guardian Association of Greene Valley Developmental Center. (Schaffner, Mary) Modified text on 1/7/2010 (km). (Entered: 01/07/2010)
941 ORDER: A hearing on the 926 MOTION for Emergency Restraining Order is set for 1/8/2010 10:00 AM before Senior Judge Robert Echols. Signed by Senior Judge Robert Echols on 1/7/10. (km) (Entered: 01/07/2010)
942 RESPONSE in Support re 926 MOTION for Emergency Restraining Order filed by People First of Tennessee. (Derryberry, Jack) (Entered: 01/07/2010)
943 Minute Entry for proceedings held before Senior Judge Robert Echols: 926 MOTION for Emergency Restraining Order filed by Parent−Guardian Association Hearing held on 1/8/2010 (Court Reporter Dorothy Stiles.) (km) (Entered: 01/11/2010)
944 ORDER: The Court is in receipt of the Quality Review Panel's "2009 Annual System Review Clover Botton Developmental Center" dated December 22, 2009, with cover letter from Jaylon Fincannon. The Clerk is directed to file the report, and accompanying cover letter from Jaylon Fincannon as a part of the record in this case. Signed by Senior Judge Robert Echols on 1/12/10. (km) (Entered: 01/12/2010)
945 Quality Review Panel's "2009 Annual System Review Clover Botton Developmental Center" dated December 22, 2009. (Attachments: # 1 Letter from Jaylon Fincannon)(km) (Entered: 01/12/2010)
946 ORDER: Motions Of Parent Guardian Associations For A Temporary Restraining Order And Preliminary Injunction (Docket Entry No. 914 ) are hereby DENIED without prejudice as stated in this order; Defendants' Motion to Strike Exhibit (Dkt. No. 916−3) Filed By Parent Guardian Association In Support Of Their Motion For Injunctive Relief (Dkt. No. 914 ) And (2) To Exclude Testimony From the QRP Relative To The Motion For Injunctive Relief (Docket Entry No. 924 ) is hereby DENIED without prejudice as stated in this Order; Defendants' Motion To Strike United States' Requests For Separate and Distinct Court Orders Without The Filing Of A Motion (Docket Entry No. 930 ) is hereby DENIED without prejudice as stated in this Order; this case will remain closed administratively. No party shall file any motion without first obtaining leave of Court to file the motion. Signed by Senior Judge Robert Echols on 1/12/10. (km) (Entered: 01/12/2010)
947 MOTION to Withdraw as Attorney (Edward G. Connette) by People First of Tennessee. (Attachments: # 1 Proposed Order)(Connette, Edward) (Entered: 01/12/2010)
948 PROPOSED AGREED ORDER by Tennessee, State of re 926 Motion (Dycus, Dianne) Modified text on 1/14/2010 (km). Modified on 1/20/2010 (km). (Entered: 01/13/2010)
949 AGREED ORDER: P.B. will remain at Clover Bottom Development Center for an additional 45 days, up to and including 2/22/10. If any party has any concerns regarding P.B. during this 45−day period, the party must confer with State Defendants in a good faith effort to attempt to reach an agreement. State Defendants shall provide the parties with notice at least 10 days prior to transferring P.B. from Clover Bottom Development Center. Signed by Senior Judge Robert Echols on 1/19/10. (km) (Entered: 01/20/2010)
950 ORDER: This matter is set for further mediation proceedings on January 28, 2010, at 10:00 a.m. The parties are jointly requested to submit, under seal, by the close of business, Tuesday, January 26, 2010, a list of the topics that will be discussed during the conference. The parties may submit ex parte to the undersigned's Courtroom Deputy a letter setting out their positions on the topics up for discussion. Signed by Magistrate Judge Joe Brown on 1/21/10. (km) (Entered: 01/21/2010)

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01/27/2010

951 ORDER: 947 Motion to Withdraw as Attorney. Clerk is directed to record the termination of Edward G. Connette as counsel of record. Attorney Edward G. Connette terminated. Signed by Senior Judge Robert Echols on 1/27/10. (km) (Entered: 01/27/2010)

01/28/2010

Minute Entry for proceedings held before Magistrate Judge Joe Brown: Settlement Conference held on 1/28/2010. To be continued to 2−9−2010 at 9:30 a.m. (mk) (Entered: 02/02/2010)

02/03/2010 952 ORDER: This matter is set for further mediation proceedings on TUESDAY, FEBURARY 9, 2010 at 9:30 a.m. in Courtroom 783. Signed by Magistrate Judge Joe Brown on 2/3/10. (km) (Entered: 02/03/2010)

02/03/2010

953 Transcript filed for dates of 1/8/10 before Judge Echols. Court Reporter/Transcriber: Dorothy Stiles, Telephone number: 615−330−1764, E−Mail Address: dorothy_stiles@tnmd.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. Intent to Request Transcript Redaction due 2/16/2010. Redaction Request due 3/1/2010. Redacted Transcript Deadline set for 3/9/2010. Release of Transcript Restriction set for 5/7/2010. (km) (Entered: 02/03/2010)

02/04/2010

954 ORDER: On November 19, 2009, Defendants filed a Notice of Withdrawal Of Motion For Partial Termination Of Settlement Agreement Regarding Clover Bottom Developmental Center (Docket Entry No. 913 ). In light of Defendant's Notice of Withdrawal, Defendant's Motion For Partial Termination Of Settlement Agreement Regarding Clover Bottom Developmental Center (Docket Entry No. 907 ) is withdrawn and the Clerk is hereby directed to terminate the motion on the docket. Signed by Senior Judge Robert Echols on 2/4/10. (km) (Entered: 02/04/2010)

02/08/2010 955 CIVIL NOTICE: Continuation of Settlement Conference is reset for 2/18/2010 09:30 AM before Magistrate Judge Joe Brown. (km) (Entered: 02/08/2010)

02/18/2010

Minute Entry for proceedings held before Magistrate Judge Joe Brown: Settlement Conference held on 2/18/2010. (mk) (Entered: 02/18/2010)

02/25/2010

956 REPORT OF SETTLEMENT DISCUSSIONS: I have conducted a series of settlement discussions with the parties in this matter with the last being held on Thursday, February 18, 2010. The State has announced that it will be closing Clover Bottom Development Center (CBDC) on June 30, 2010. All parties are in agreement that the State has a right at some point to close CBDC. For this undertaking to be successful, the State needs to provide as much information as possible to the conservators and guardians and the parties so that informed choices can be made. I certainly hope and expect the State will consider suggestions about the transition and closure plans that are made by all concerned parties. Without full cooperation from all concerned, this will be a long and complicated process. Signed by Magistrate Judge Joe Brown on 2/25/10. (km) (Entered: 02/26/2010)

03/04/2010 957 Proposed Agreed Order re: access to confidential information by QRP experts and staff by Tennessee, State of (Dycus, Dianne) Modified text on 3/5/2010 (km). (Entered: 03/04/2010)

03/25/2010 958 ORDER: Further mediations proceedings set for 3/31/2010 10:30 AM before Magistrate Judge Joe Brown. Signed by Magistrate Judge Joe Brown on 3/25/10. (km) (Entered: 03/26/2010)

03/31/2010

Minute Entry for proceedings held before Magistrate Judge Joe Brown: Settlement Conference held on 3/31/2010. (mk) (Entered: 04/01/2010)

04/01/2010

959 AGREED ORDER: Experts and/or staff employed by the Quality Review Panel shall be permitted access to class members, meetings and discussions concerning class members and class member records and information to the same extent as the Quality Review Panel as described in Section X. of the Settlement Agreement. Signed by Senior Judge Robert Echols on 3/30/10. (km) (Entered: 04/01/2010)

04/01/2010 960 ORDER: The parties in this litigation participated an additional settlement conference at their request with the Magistrate Judge. Two cases were discussed and the Magistrate Judge believes that the parties have reached informal agreements that will

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hopefully resolve these two issues without the necessity of the parties seeking formal Court rulings on the terms of the settlement agreement. Signed by Magistrate Judge Joe Brown on 4/1/10. (km) (Entered: 04/01/2010)

04/26/2010 961 NOTICE of Withdrawal of Appearance by Public Interest Law Center of Philadelphia for People First of Tennessee. (rd) (Entered: 04/26/2010)

04/28/2010

962 ORDER: A Settlement Conference is set at 12:30 p.m. on Tuesday, 5/4/2010 in Courtroom 783 before Magistrate Judge Joe Brown. Counsel shall submit a brief statement of the issues and their positions by noon, Monday, 5/3/10. Signed by Magistrate Judge Joe Brown on 4/28/10. (rd) (Entered: 04/28/2010)

05/03/2010

Minute Entry for proceedings held before Magistrate Judge Joe Brown: Settlement Conference held on 5/3/2010. (mk) (Entered: 05/05/2010)

05/05/2010

963 ORDER: A settlement conference was held in this matter on 5/3/10. It will take a decision by the District Judge to determine whether, under the terms of the settlement agreement and under the terms of the ADA, Mur−Ci Homes can constitute community placement. The QRP hopes to have its recommendations concerning Mur−Ci Homes finalized by Thursday. The parties should be prepared to brief the issue for a decision by the District Judge expeditiously. Absent a different shedule set by Judge Echols, responses to such motions will be due in 7 days and there will be no replies absent his permission. Signed by Magistrate Judge Joe Brown on 5/5/10. (rd) (Entered: 05/05/2010)

05/06/2010 964 MOTION for Leave to To File Accompanying Emergency Motion to Compel Quality Review Panel to Comply with Settlement Agreement or, in the Alternative, for Declaratory Relief by Tennessee, State of. (Dycus, Dianne) (Entered: 05/06/2010)

05/06/2010 965 Emergency MOTION to Compel Quality Review Panel to Comply with Settlement Agreement or, in the Alternative, for Declaratory Relief by Tennessee, State of. (Dycus, Dianne) (Entered: 05/06/2010)

05/06/2010

966 MEMORANDUM in Support of 965 Emergency MOTION to Compel Quality Review Panel to Comply with Settlement Agreement or, in the Alternative, for Declaratory Relief filed by Tennessee, State of. (Dycus, Dianne) (Entered: 05/06/2010)

05/06/2010

967 DECLARATION of James R. Finch, Ed.D. filed by Tennessee, State of re: 965 Emergency MOTION to Compel Quality Review Panel to Comply with Settlement Agreement or, in the Alternative, for Declaratory Relief. (Dycus, Dianne) (Entered: 05/06/2010)

05/06/2010

968 DECLARATION of Diane J. Brightwell filed by Tennessee, State of re: 965 Emergency MOTION to Compel Quality Review Panel to Comply with Settlement Agreement or, in the Alternative, for Declaratory Relief. (Dycus, Dianne) (Entered: 05/06/2010)

05/07/2010

969 NOTICE of Filing by Tennessee, State of re 965 Emergency MOTION to Compel Quality Review Panel to Comply with Settlement Agreement or, in the Alternative, for Declaratory Relief (Attachments: # 1 Attachment Quality Review Panel Report re: Mur−Ci Homes Placements)(Dycus, Dianne) (Entered: 05/07/2010)

05/07/2010

970 RESPONSE in Opposition re 965 Emergency MOTION to Compel Quality Review Panel to Comply with Settlement Agreement or, in the Alternative, for Declaratory Relief preliminary response filed by People First of Tennessee. (Attachments: # 1 Exhibit cover/transmittal letter, # 2 Exhibit QRP report re:Mur−Ci Homes, # 3 Exhibit Report by Dr. Ray re: Mur−Ci Homes)(Derryberry, Jack) (Entered: 05/07/2010)

05/11/2010

971 ORDER: Pending before the Court is Defendant's "Motion for Leave to File Accompanying Emergency Motion to Compel Quality Review Panel to Comply with Settlement Agreement or, in the Alternative, for Declaratory Relief" (Docket Entry No. 964). The Motion is hereby GRANTED. A Hearing on the Emergency Motion to Compel is hereby scheduled for Thursday, May 13, 2010, at 9:00 a.m. Any response to the Motion must be filed by Wednesday, May 12, 2010, at 4:00 p.m. IT IS SO ORDERED. Signed by Senior Judge Robert Echols on 5/11/10. (af) (Entered: 05/11/2010)

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05/12/2010

972 RESPONSE in Opposition re 965 Emergency MOTION to Compel Quality Review Panel to Comply with Settlement Agreement or, in the Alternative, for Declaratory Relief and Cross Motion to Enforce Settlement Agreement filed by USA. (Attachments: # 1 Attachment Cross Motion, # 2 Exhibit Declaration of N'Zinga Adelona with Exhibits, # 3 Proposed Order Denying Defendants' Motion and Granting Cross Motion)(Geissler, R.) (Entered: 05/12/2010)

05/12/2010

973 RESPONSE to Motion re 965 Emergency MOTION to Compel Quality Review Panel to Comply with Settlement Agreement or, in the Alternative, for Declaratory Relief filed by Parent−Guardian Association of Clover Bottom Developmental Center, Parent−Guardian Association of Greene Valley Developmental Center. (Schaffner, Mary) (Entered: 05/12/2010)

05/12/2010 974 RESPONSE in Opposition re 965 Emergency MOTION to Compel Quality Review Panel to Comply with Settlement Agreement or, in the Alternative, for Declaratory Relief filed by People First of Tennessee. (Gran, Judith) (Entered: 05/12/2010)

05/12/2010 975 RESPONSE in Opposition re 965 Emergency MOTION to Compel Quality Review Panel to Comply with Settlement Agreement or, in the Alternative, for Declaratory Relief filed by People First of Tennessee. (Schwarz, Earle) (Entered: 05/12/2010)

05/13/2010

Note to filer re DE 972 : Pursuant to Court Policy and Procedure and Local Rule 5.01, Certificates of Service must accompany all pleadings and must include the names and full addresses for all persons served (whether served electronically or by other means), what was served, method of service, and date of service. THE CERTIFICATE OF SERVICE SHALL BE FILED SEPARATELY. (rd) (Entered: 05/13/2010)

05/17/2010

976 Minute Entry for proceedings held before Senior Judge Robert Echols: Hearing held on 5/17/2010 re: State defts' 965 Emergency MOTION to Compel. Motion is taken under advisement. Order to Enter. (Court Reporter Dorothy Stiles.) (rd) (Entered: 05/17/2010)

05/28/2010 977 MEMORANDUM OF THE COURT. Signed by Senior Judge Robert Echols on 5/28/10. (xc:pro se party by regular and certified mail.) (rd) Modified on 5/28/2010 (rd). (Entered: 05/28/2010)

05/28/2010

978 ORDER: State defts' 965 Emergency Motion to Compel Quality Review Panel to Comply with Settlement Agreement or, in the Alternative, for Declaratory Relief is hereby GRANTED IN PART and DENIED IN PART; see Order for specific details. The United States' [972−1] Cross Motion to Enforce Settlement Agreement is hereby GRANTED IN PART and DENIED IN PART; see Order for specific details. The Clerk is hereby directed to file the United States' Cross Motion under a separate docket entry number. Signed by Senior Judge Robert Echols on 5/28/10. (xc:Pro se party by regular and certified mail.)(rd) (Entered: 05/28/2010)

05/28/2010 979 CROSS MOTION to Enforce Settlement Agreement by USA. (rd) (Entered: 05/28/2010)

05/28/2010 980 CERTIFIED MAIL RECEIPT re: 977 Memorandum of the Court, 978 Order. (rd) (Entered: 05/28/2010)

06/03/2010 981 Certified Mail Return Receipt Card received this date as to DE #977−978 mailed to Quality Review Panel signed for by Jasminlen Vyjic on 6/2/10. (dt) (Entered: 06/04/2010)

06/07/2010

982 Transcript of proceedings before Judge Robert L. Echols on 5/13/10. Court Reporter/Transcriber: Dorothy Stiles, 615−330−1764, dorothy_stiles@tnmd.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. IT IS THE RESPONSIBILITY OF COUNSEL TO REVIEW THE TRANSCRIPT AND REQUEST REDACTION OF CONTENT CLASSIFIED AS PRIVATE UNDER THE NOTICE TO MEMBERS OF THE BAR, ELECTRONIC AVAILABILITY OF TRANSCRIPTS OF COURT PROCEEDINGS, EFFECTIVE MAY 5, 2008, AVAILABLE ON THE COURT'S WEBSITE UNDER THE CM−ECF LINK at: http://www.tnmd.uscourts.gov/files/20091201Notice_to_the_Bar_Transcripts.pdf.

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06/08/2010 06/17/2010
06/21/2010
06/21/2010 06/21/2010 06/21/2010 06/21/2010 06/21/2010 06/21/2010
06/21/2010 06/21/2010 06/21/2010 06/21/2010

Intent to Request Transcript Redaction due 6/14/2010. Redaction Request due 6/28/2010. Redacted Transcript Deadline set for 7/8/2010. Release of Transcript Restriction set for 9/7/2010. (rd) (Entered: 06/07/2010)
983 NOTICE of Filing by agreement by People First of Tennessee. (Attachment: # 1 Proposed Agreed Protective Order pursuant to mediation)(Derryberry, Jack) Modified on 6/9/2010 (rd). (Entered: 06/08/2010)
984 EMERGENT MOTION for Leave to File Emergent Motion to Enjoin June 22 Transfer by USA. (Attachments: # 1 Proposed Order Granting Leave to File Emergent Motion, # 2 Emergent Motion to Enjoin June 22 Transfer, # 3 Memorandum in Support of Emergent Motion to Enjoin June 22 Transfer, # 4 Declaration in Support of Emergent motion to Enjoin june 22 Transfer, # 5 Proposed Order Granting Emergent Motion to Enjoin June 22 Transfer)(Geissler, R.) Modified on 6/18/2010 (rd). (Entered: 06/17/2010)
985 RESPONSE in Opposition re 984 Emergency MOTION for Leave to Leave to File Emergent Motion to Enjoin June 22 Transfer filed by Tennessee, State of. (Attachments: # 1 Exhibit 1 2/25/10 Letter, # 2 Exhibit 2 3/22/10 10:51 AM email, # 3 Exhibit 3 3/24/10 9:37 AM email, # 4 Exhibit 4 3/24/10 9:41 AM email, # 5 Exhibit 5 4/29/10 Letter, # 6 Exhibit 6 6/8/10 9:32 AM email)(Dycus, Dianne) (Entered: 06/21/2010)
986 DECLARATION of Diane J. Brightwell filed by Tennessee, State of re: 985 Response in Opposition to Motion,. (Dycus, Dianne) (Entered: 06/21/2010)
987 DECLARATION of Dr. Kuantg Tzu Lin filed by Tennessee, State of re: 985 Response in Opposition to Motion,. (Dycus, Dianne) (Entered: 06/21/2010)
988 DECLARATION of Dr. Levi Harris filed by Tennessee, State of re: 985 Response in Opposition to Motion,. (Dycus, Dianne) (Entered: 06/21/2010)
989 RESPONSE to Motion re 984 Emergency MOTION for Leave to Leave to File Emergent Motion to Enjoin June 22 Transfer Response in partial support of motion filed by People First of Tennessee. (Attachments: # 1 Exhibit, # 2 Exhibit)(Derryberry, Jack) (Entered: 06/21/2010)
990 RESPONSE to Motion re 984 Emergency MOTION for Leave to Leave to File Emergent Motion to Enjoin June 22 Transfer filed by Parent−Guardian Association of Clover Bottom Developmental Center, Parent−Guardian Association of Greene Valley Developmental Center. (Schaffner, Mary) (Entered: 06/21/2010)
991 ORDER granting 984 Motion for Leave to File Emergent Motion to Enforce Settlement Agreement and Enjoin The Planned June 22 Transition of L.S. to GVDC without QRP Review or Approval. The Clerk is hereby directed to file the documents appearing at DE Nos 984−1 through 984−5 under separate docket entry numbers. Due to the time constraints faced by the Court in ruling on the United States' motion, the Court hereby GRANTS a TRO restraining the State from transferring L.S. from Clover Bottom Developmental Center to Greene Valley Developmental Center on June 22, 2010, as planned, and until further Order of the Court after the Court has had the opportunity to consider the filings and positions of the parties. The Court may set a hearing on the United States' motion in a separate Order. It is so ordered. Signed by Senior Judge Robert Echols on 6/21/10. (xc:Pro se party by regular and certified mail.)(af) (Entered: 06/21/2010)
992 PROPOSED ORDER granting United States' Emergent Motion For Leave to File Emergent Motion submitted by USA. (af) (Entered: 06/21/2010)
993 MOTION to Enforce Settlement Agreement and Enjoin the Planned June 22 Transition of L.S. to GVDC Without QRP Review or Approval by USA. (Attachments: # 1 Proposed Order)(af) (Entered: 06/21/2010)
994 MEMORANDUM in Support of 993 MOTION to Enforce Settlement filed by USA. (af) (Entered: 06/21/2010)
995 DECLARATION of N'Zinga Adelona filed by USA in support of 993 MOTION to Enforce Settlement. (af) (Entered: 06/21/2010)

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06/23/2010

996 MOTION for Leave to to File Accompanying Reply to Responses Filed by People First of Tennessee and Parent Guardian Association Regarding United States Motion for Injunctive Relief re 990 Response to Motion, 989 Response to Motion, 993 MOTION to Enforce Judgment by Tennessee, State of. (Attachments: # 1 Attachment State Defendants' Reply to Responses Filed by People First of Tennessee and Parent Guardian Association Regarding United States' Motion for Injunctive Relief)(Dycus, Dianne) (Entered: 06/23/2010)

06/23/2010

998 ORDER: The Court hereby refers the pending 993 Motion to Enforce Settlement Agreement to United States Magistrate Judge Joe B. Brown for the purpose of holding an evidentiary hearing and the preparation of a Report and Recommendation to the Court. Signed by Senior Judge Robert Echols on 06/23/2010. (ab) Modified text on 6/24/2010 (ab). (Entered: 06/24/2010)

06/24/2010

997 RESPONSE to State's 996 MOTION for Leave to to File Accompanying Reply to Responses Filed by People First of Tennessee and Parent Guardian Association Regarding United States Motion for Injunctive Relief re 990 Response to Motion, 989 Response to Motion, 993 MOTION to MOTION for Leave to to File Accompanying Reply to Responses Filed by People First of Tennessee and Parent Guardian Association Regarding United States Motion for Injunctive Relief re 990 Response to Motion, 989 Response to Motion, 993 MOTION to MOTION for Leave to to File Accompanying Reply to Responses Filed by People First of Tennessee and Parent Guardian Association Regarding United States Motion for Injunctive Relief re 990 Response to Motion, 989 Response to Motion, 993 MOTION to filed by Parent−Guardian Association of Clover Bottom Developmental Center, Parent−Guardian Association of Greene Valley Developmental Center. (Schaffner, Mary) Modified on 6/25/2010 (rd). (Entered: 06/24/2010)

06/24/2010

999 MOTION for Leave to File Motion to Amend re 977 Memorandum Opinion of the Court, 978 Order on Motion to Compel,, by USA. (Attachments: # 1 Proposed Order Granting Leave to File Motion to Amend, # 2 Attachment Motion to Amend, # 3 Attachment Memorandum in Support of Motion to Amend, # 4 Proposed Order Granting Motion to Amend)(Geissler, R.) Modified on 6/25/2010 (rd). (Entered: 06/24/2010)

07/06/2010 1000 PROPOSED AGREED ORDER by Tennessee, State of re 993 MOTION to Enforce Judgment. (Dycus, Dianne) Modified on 7/7/2010 (rd). (Entered: 07/06/2010)

07/14/2010

1001

AGREED ORDER: It is hereby ORDERED that: 1) Greene Valley Developmental Center will no longer be offered as a placement option for L.S. The parties agree that L.S. may transition to one of the four−person, state−run ICF/MR homes in the geographic area served by Greene Valley Developmental Center being developed by the State for individuals transitioning from Greene Valley Developmental Center. 2) The Quality Review Panel will review the transition plan for L.S. as provided in the Settlement Agreement, Section X.A.3.c. 3) There has been no admission by any party and the Court makes no finding as to any factual or legal issues in dispute related to the United States Emergent Motion to Enforce Settlement Agreement and Enjoin the Planned June 22 Transition of L.S. to GVDC without QRP Review or Approval at this time. Signed by Senior Judge Robert Echols on 7/12/10. (rd) (Entered: 07/14/2010)

07/14/2010

1002

ORDER: The United States' 993 Motion to Enforce Settlement Agreement and Enjoin the Planned Transition of L.S. to GVDC is DENIED AS MOOT. Defts' 996 Motion for Leave to File Accompanying Reply to Responses Regarding Motion for Injunctive Relief is DENIED AS MOOT. In light of the United States' agreement to settle the case of L.S., the 999 Motion for Leave to File Motion to Amend Order is DENIED. Signed by Senior Judge Robert Echols on 7/14/10. (rd) (Entered: 07/14/2010)

07/23/2010 1003 AGREED PROTECTIVE ORDER Signed by Senior Judge Robert Echols on 7/23/10. (xc:Pro se party by regular and certified mail.)(rd) (Entered: 07/23/2010)

08/20/2010 1004 MOTION for Leave to file motion to set mediation conference by Parent−Guardian Association of Clover Bottom Developmental Center, Parent−Guardian Association of Greene Valley Developmental Center. (Attachments: # 1 Attachment Motion to Set Mediation Conference)(Schaffner, Mary) (Entered: 08/20/2010)

08/26/2010 1005 ORDER: The Parent−Guardian Association's 1004 Motion for Permission to File Motion to Set Mediation Conference is GRANTED. This matter is set for mediation

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at 10:30 a.m. on 9/7/10 before Magistrate Judge Joe Brown. Signed by Magistrate Judge Joe Brown on 8/26/10. (rd) (Entered: 08/26/2010)

09/02/2010 1006 JOINT Application for an Award of Attorneys' Fees and Reimbursement of Expenses by People First of Tennessee. (Attachment: # 1 Proposed Agreed Order)(Derryberry, Jack) Modified on 9/7/2010 (rd). (Entered: 09/02/2010)

09/08/2010

1007

MEDIATION REPORT: A mediation session was held on 9/7/10 with the Magistrate Judge and the parties. This matter is set for further mediation at 10:00 a.m. on 11/2/2010 in Courtroom 783, and for a quarterly review. Signed by Magistrate Judge Joe Brown on 9/8/10. (xc:Pro se party by regular and certified mail.)(rd) (Entered: 09/08/2010)

09/16/2010 1008 AGREED ORDER on Joint Application for an Award of Attorneys' Fees and Expenses to People First. Signed by Chief Judge Todd J. Campbell on 9/16/10. (rd) (Entered: 09/16/2010)

09/28/2010

1009

MOTION for Leave to File Application of PGA for Award of Attorneys' Fees and Reimbursement of Expenses and Supporting Documents by Parent−Guardian Association of Clover Bottom Developmental Center, Parent−Guardian Association of Greene Valley Developmental Center. (Attachments: # 1 Proposed Order)(West, Dudley) Modified on 9/29/2010 (rd). (Entered: 09/28/2010)

09/28/2010 1010 APPLICATION for Award of Attorneys' Fees and Reimbursement of Expenses by Parent−Guardian Association of Clover Bottom Developmental Center, Parent−Guardian Association of Greene Valley Developmental Center. (West, Dudley) Modified on 9/29/2010 (rd). (Entered: 09/28/2010)

09/28/2010

1011

MEMORANDUM in Support of 1010 APPLICATION for Award of Attorneys' Fees and Reimbursement of Expenses filed by Parent−Guardian Association of Clover Bottom Developmental Center, Parent−Guardian Association of Greene Valley Developmental Center. (Attachments: # 1 Exhibit 1 − Copy of Docket Entry 682, # 2 Exhibit 2 − Copy of Docket Entry 389, # 3 Exhibit 3 − Copy of Docket Entry 689, # 4 Exhibit 4 − Copy of Docket Entry 700, # 5 Exhibit 5 − Copy of Docket Entries 885 & 886)(West, Dudley) Modified on 9/29/2010 (rd). (Entered: 09/28/2010)

09/28/2010

1012

FOURTH Affidavit of Dudley M. West re 1010 APPLICATION for Award of Attorneys' Fees and Reimbursement of Expenses by Parent−Guardian Association of Clover Bottom Developmental Center, Parent−Guardian Association of Greene Valley Developmental Center. (Attachments: # 1 Exhibit 1 − Martindale Hubbell Listing, # 2 Exhibit 2 − Statement of Dudley M. West, # 3 Exhibit 3 − Statement of Expenses of Dudley M. West, # 4 Exhibit 4 − Dec. 10, 2009 QRP Letter, # 5 Exhibit 5 − Dec. 9, 2009 Letter from State, # 6 Exhibit 6 − Dec. 10, 2009 E−Mail from D. West to State, # 7 Exhibit 7 − Dec. 21, 2009 Letter from State, # 8 Exhibit 8 − August 5, 2010 E−mail from State, # 9 Exhibit 9 − August 23, 2010 Letter from State)(West, Dudley) Modified on 9/29/2010 (rd). (Entered: 09/28/2010)

09/28/2010

1013

AFFIDAVIT of Mary Martin Schaffner re 1010 APPLICATION for Award of Attorneys' Fees and Reimbursement of Expenses by Parent−Guardian Association of Clover Bottom Developmental Center, Parent−Guardian Association of Greene Valley Developmental Center. (Attachments: # 1 Exhibit 1 − Martindale Hubbell Listing, # 2 Exhibit 2 − Statement of Mary Schaffner)(West, Dudley) Modified on 9/29/2010 (rd). (Entered: 09/28/2010)

09/28/2010

1014

AFFIDAVIT of George E. Barrett re 1010 APPLICATION for Award of Attorneys' Fees and Reimbursement of Expenses by Parent−Guardian Association of Clover Bottom Developmental Center, Parent−Guardian Association of Greene Valley Developmental Center. (Attachments: # 1 Exhibit 1 − Martindale Hubbell Listing)(West, Dudley) Modified on 9/29/2010 (rd). (Entered: 09/28/2010)

09/28/2010

1015

AFFIDAVIT of C. Dewey Branstetter, Jr. re 1010 APPLICATION for Award of Attorneys' Fees and Reimbursement of Expenses by Parent−Guardian Association of Clover Bottom Developmental Center, Parent−Guardian Association of Greene Valley Developmental Center. (Attachments: # 1 Exhibit 1 − Martindale Hubbell Listing)(West, Dudley) Modified on 9/29/2010 (rd). (Entered: 09/28/2010)

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09/28/2010

1016

AFFIDAVIT of William L. Harbison re 1010 APPLICATION for Award of Attorneys' Fees and Reimbursement of Expenses by Parent−Guardian Association of Clover Bottom Developmental Center, Parent−Guardian Association of Greene Valley Developmental Center. (Attachments: # 1 Exhibit 1 − Martindale Hubbell Listing)(West, Dudley) Modified on 9/29/2010 (rd). (Entered: 09/28/2010)

09/28/2010 1017 ORDER: PGA's 1009 Motion for Leave to File Application for Award of Attys' Fees and Reimbursement of Expenses and Supporting Documents is GRANTED. Signed by Chief Judge Todd J. Campbell on 9/28/10. (xc:Pro se party by regular and certified mail.)(rd) (Entered: 09/28/2010)

10/08/2010 1018 PROPOSED Agreed Order re 1010 APPLICATION for Attorney Fees and Reimbursement of Expenses. (Dycus, Dianne) Modified on 10/12/2010 (rd). (Entered: 10/08/2010)

10/12/2010 1019 AGREED ORDER: State Defendants shall have until 10/18/10, to file a response to the 1010 Application for Award of Attorney Fees and Reimbursement of Expenses. Signed by Chief Judge Todd J. Campbell on 10/12/10. (rd) (Entered: 10/12/2010)

10/18/2010

1020

RESPONSE in Opposition re 1010 MOTION for Attorney Fees and Reimbursement of Expenses filed by Tennessee, State of. (Attachments: # 1 Exhibit 1−−PGA Responses to Interrogatories 10−11−10, # 2 Exhibit 2 People First Attorney Fee Applications, # 3 Exhibit 3 Time Sheets−−Communication with Plaintiffs' Counsel, # 4 Exhibit 4 Time Sheets−−Closure Issues, # 5 Exhibit 5 Time Sheets−−Individual Issue−−P.B., # 6 Exhibit 6 Time Sheets−−Individual Issue−−L.S., # 7 Exhibit 7 Time Sheets−−Mur−Ci Homes Issue, # 8 Exhibit 8 Time Sheets−−Insufficient Documentation, # 9 Exhibit 9 Time Sheets−−Individual Issues, # 10 Exhibit 10 Time Sheets−−Inappropriate Activities, # 11 Exhibit 11 Time Sheets−−Inappropriate Activities Example−State Budget, # 12 Exhibit 12 Time Sheets−−Inappropriate Activities Example−Non−lawyer Activities, # 13 Exhibit 13 Time Sheets−−Inappropriate Activities Example−AG Opinion, # 14 Exhibit 14 Time Sheets−−Inappropriate Activities Example−State Employee Lay−offs, # 15 Exhibit 15 Time Sheets−−Inappropriate Activities−VOR Newsletter, # 16 Exhibit 16 Time Sheets−−Inappropriate Activities Example−Provider Payments, # 17 Exhibit 17 Time Sheets−−X.B.4 Monitoring, # 18 Exhibit 18 Time Sheets−−State Motion to Dismiss CBDC (Withdrawn), # 19 Exhibit 19 Time Sheets−−Mediation−Nonspecific, # 20 Exhibit 20 Time Sheets−−QRP Review Methodology, # 21 Exhibit 21 Time Sheets−−QRP Membership, # 22 Exhibit 22 Time Sheets−−Parties' Meetings, # 23 Exhibit 23 Time Sheets−−Status Conference, # 24 Exhibit 24 Time Sheets−−Attorney Fees, # 25 Exhibit 25 Time Sheets−−Duplication, # 26 Exhibit 26 Time Sheets−−Client Communication)(Dycus, Dianne) (Entered: 10/18/2010)

10/18/2010 1021 MOTION to Strike Portions of 1011 Memorandum in Support of Motion for Award of Atty Fees and Expenses, and Portions of 1012 Affidavit of Dudley M. West, by Tennessee, State of. (Dycus, Dianne) Modified on 10/19/2010 (rd). (Entered: 10/18/2010)

10/18/2010 1022 MEMORANDUM in Support of 1021 MOTION to Strike, filed by Tennessee, State of. (Attachment: # 1 Attachment unreported decision Eid v. Saint−Gobain Abrasives, Inc.)(Dycus, Dianne) Modified on 10/19/2010 (rd). (Entered: 10/18/2010)

10/19/2010 1023 NOTICE of Filing of Correction re 1020 Response in Opposition to Motion, by Tennessee, State of . (Attachment: # 1 Amended Exhibit 26 Time Sheets−−Client Communication)(Dycus, Dianne) Modified on 10/19/2010 (rd). (Entered: 10/19/2010)

10/19/2010 1024 ORDER: Pltfs' 1010 Application for Award of Attys' Fees and Reimbursement of Expenses and defts' 1021 Motion to Strike are referred to Magistrate Judge Joe Brown for a Report and Recommendation. Signed by Chief Judge Todd J. Campbell on 10/19/10. (rd) (Entered: 10/19/2010)

10/20/2010

1025

MOTION for Leave to file Reply to State's Response in Opposition to PGA's Application for Attorneys' Fees and Expenses re 1020 Response in Opposition to Motion,,,,,, by Parent−Guardian Association of Clover Bottom Developmental Center, Parent−Guardian Association of Greene Valley Developmental Center. (Attachments: # 1 Proposed Order [Proposed] Order)(West, Dudley) (Entered: 10/20/2010)

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10/28/2010 1026 ORDER: This case is referred to the Magistrate Judge for decision on all nondispositive motions and for reports and recommendations on all dispositive motions. Signed by Chief Judge Todd J. Campbell on 10/28/10. (rd) (Entered: 10/28/2010)

11/03/2010 1027 ORDER granting 1025 Motion for Leave to file a reply brief to Docket Entry 1020 on or before November 17, 2010. Brief in support of attorneys fee, Docket Entry 1010, shall not exceed 10 pages. (Brown, Joe) (Entered: 11/03/2010)

11/03/2010 1028 ORDER State may file a response to the motion to strike, Docket Entry 1021 within 7 Days. (Brown, Joe) (Entered: 11/03/2010)

11/03/2010 1029 ORDER: Magistrate Judge Joe Brown recused. Case reassigned to Magistrate Judge Juliet E. Griffin for all further proceedings. Signed by Magistrate Judge Joe Brown on 11/3/10. (rd) (Entered: 11/03/2010)

11/03/2010 1030 REPORT of the Quality Review Panel: 2010 Annual System Review, Clover Bottom Developmental Center, November 1, 2010. (Attachment: # 1 Cover Letter from Jaylon Fincannon)(rd) (Entered: 11/04/2010)

11/04/2010

1031

MOTION for Leave to File a Motion for a Declaratory Order Concerning the Authority of the Quality Review Panel to Conduct an On−Site Review of Greene Valley Developmental Center and the Harold Jordan Center, by People First of Tennessee. (Attachments: # 1 Proposed Order Granting Leave to File, # 2 Attachment Motion for Declaratory Relief, # 3 Attachment Certificate of Consultation, # 4 Proposed Order Granting Declaratory Relief, # 5 Attachment Memorandum of Law in Support of Declaratory Relief, # 6 Exhibit A, Systems Review Methodology, Developmental Centers, # 7 Exhibit B, Settlement Agreement Compliance Checklist, # 8 Exhibit C, Individual Support/Active Treatment Checklist, # 9 Exhibit D Letter of July 23 2009)(Gran, Judith) Modified on 11/5/2010 (rd). (Entered: 11/04/2010)

11/10/2010

1032

RESPONSE to Motion re 1021 MOTION to Strike 1011 Memorandum in Support,, 1012 Affidavit,,, Portions of Memorandum, Portions of Affidavit and Certain Exhibits Attached Thereto filed by Parent−Guardian Association of Clover Bottom Developmental Center, Parent−Guardian Association of Greene Valley Developmental Center. (West, Dudley) (Entered: 11/10/2010)

11/10/2010

1033

AFFIDAVIT re 1032 Response to Motion, (Affidavit of Dudley M. West) by Parent−Guardian Association of Clover Bottom Developmental Center, Parent−Guardian Association of Greene Valley Developmental Center. (Attachments: # 1 Exhibit (Collective Exhibit) PGA Supplemental Statements)(West, Dudley) (Entered: 11/10/2010)

11/10/2010

1034

AFFIDAVIT re 1032 Response to Motion, (Affidavit of Hal D. Hardin) by Parent−Guardian Association of Clover Bottom Developmental Center, Parent−Guardian Association of Greene Valley Developmental Center. (Attachments: # 1 Exhibit 1 − Letter dated 04−15−04, # 2 Exhibit 2 − Letter dated 04−19−04, # 3 Exhibit 3 − Letter dated 04−22−04, # 4 Exhibit 4 − Letter dated 04−26−04, # 5 Exhibit 5 − Letter dated 04−26−04, # 6 Exhibit 6 − Letter dated 04−27−04, # 7 Exhibit 7 − Agreed Order [Docket Entry 700))(West, Dudley) (Entered: 11/10/2010)

11/17/2010

1035

REPLY to Response in Opposition to 1010 Motion for Attorney Fees and Reimbursement of Expenses, filed by Parent−Guardian Association of Clover Bottom Developmental Center, Parent−Guardian Association of Greene Valley Developmental Center. (Schaffner, Mary) Modified on 11/18/2010 (rd). (Entered: 11/17/2010)

11/17/2010

1036

APPENDIX filed by Parent−Guardian Association of Clover Bottom Developmental Center, Parent−Guardian Association of Greene Valley Developmental Center re 1035 Reply to Response to Motion. (Attachments: # 1 Attachment A − Summary of Pertinent Provisions of Settlement Agt., # 2 Attachment B − Declaration of Thomas A. Wiseman, III)(Schaffner, Mary) Modified on 11/18/2010 (rd). (Entered: 11/17/2010)

11/18/2010 1037 RESPONSE to 1031 Motion for Leave to File a Motion for a Declaratory Order Concerning the Authority of the Quality Review Panel to Conduct an On−Site Review of Green Valley Developemental Center and Harold Jordan Center, filed by Tennessee, State of. (Dycus, Dianne) Modified on 11/18/2010 (rd). (Entered:

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11/18/2010)

11/18/2010

1038

RESPONSE to 1031 MOTION for Leave to File a Motion for a Declaratory Order Concerning the Authority of the Quality Review Panel to Conduct an On−Site Review of Green Valley Developemental Center and Harold Jordan Center, filed by Parent−Guardian Association of Clover Bottom Developmental Center, Parent−Guardian Association of Greene Valley Developmental Center. (Schaffner, Mary) Modified on 11/18/2010 (rd). (Entered: 11/18/2010)

11/18/2010

Note to filer re 1035 , 1036 : This document has been scanned. Documents generated from a word processor (Word of WordPerfect) should NOT be scanned, but rather printed directly to PDF via a PDF writer. Future scanned pleadings of this nature may require refiling. (rd) (Entered: 11/18/2010)

11/18/2010 1039 MEMORANDUM in Support of 1031 MOTION for Leave to File Motion for Declaratory Order filed by USA. (Attachment: # 1 Exhibit A)(Geissler, R.) Modified on 11/19/2010 (rd). (Entered: 11/18/2010)

11/22/2010

1040

MOTION for Leave to File Accompanying Surreply in Opposition to 1010 Motion for Award of Attorney Fees and Reimbursement of Expenses, by Tennessee, State of. (Attachment: # 1 Attachment Defendants' Surreply in Opposition to Motion of Parent Guardian Associations for Award of Attorney Fees and Reimbursement of Expenses)(Dycus, Dianne) Modified on 11/23/2010 (rd). (Entered: 11/22/2010)

11/29/2010 1041 JOINT Application for an Award of Attys' Fees and Reimbursement of Expenses by People First of Tennessee. (Attachment: # 1 Proposed Order Granting Twelfth Supplemental Joint Application for fees and expenses)(Derryberry, Jack) Modified on 11/30/2010 (rd). (Entered: 11/29/2010)

11/29/2010

1042

RESPONSE to 1040 MOTION for Leave to File Surreply in Opposition to 1010 Motion for Award of Atty Fees and Reimbursement of Expenses, filed by Parent−Guardian Association of Clover Bottom Developmental Center, Parent−Guardian Association of Greene Valley Developmental Center. (Attachment: # 1 Attachment 2010 WL 3883434)(Schaffner, Mary) Modified on 11/30/2010 (rd). (Entered: 11/29/2010)

12/17/2010

1043

AGREED ORDER on 1041 Joint Application for an Award of Attys' Fees and Expenses to People First: Pltfs/Intervener People First, et al. are hereby awarded attys fees and litigation expenses in the amount of $102,670.70 to be paid by the State of Tennessee. Signed by Magistrate Judge Juliet E. Griffin on 12/17/10. (rd) (Entered: 12/17/2010)

12/20/2010 1044 ORDER: Defts' 1040 motion for leave to file surreply is GRANTED. Pltfs' 1031 motion for leave to file a motion for declaratory order is GRANTED. Signed by Magistrate Judge Juliet E. Griffin on 12/17/10. (rd) (Entered: 12/20/2010)

12/20/2010

1045

SURREPLY in Opposition to 1010 MOTION for Attorney Fees and Reimbursement of Expenses, filed by Julia Bratcher, Clover Bottom Development Center, Finance & Administration, Tennessee Department of, Health, Tennessee Department of, Mental Health and Mental Retardation, Tennessee Department of, Rusty Seibert, Don Sundquist, Tennessee, State of, Fredia S. Wadley. (rd) (Entered: 12/20/2010)

12/20/2010

1046

MOTION for Declaratory Relief Concerning the Authority of the Quality Review Panel to Conduct an On−Site Review of Greene Valley Developmental Center and the Harold Jordan Center, filed by Mary Ann Avery, David Balthrop, Terry Beaty, Carolyn Britt, Bonnie Chaffee, Jenny Belle Greenwood, Dowell Harris, Audriniece Hollister, Eddie Jones, Kenneth Lee, People First of Tennessee, Effie Estelle Pippin, Sandra Jo Proctor, Cynthia Dawn Sommerville, Kevin Troupe, Larry Wayne Vaughn, Charles Wilhoite, Rebecca Workman, Juanita Wright. (Attachments: # 1 Certificate of Consultation, # 2 Proposed Order)(rd) (Entered: 12/20/2010)

12/20/2010

1047

MEMORANDUM of Law in Support of 1046 MOTION for Declaratory Relief Concerning the Authority of the Quality Review Panel to Conduct an On−Site Review of Greene Valley Developmental Center and the Harold Jordan Center, filed by Mary Ann Avery, David Balthrop, Terry Beaty, Carolyn Britt, Bonnie Chaffee, Jenny Belle Greenwood, Dowell Harris, Audriniece Hollister, Eddie Jones, Kenneth Lee, People First of Tennessee, Effie Estelle Pippin, Sandra Jo Proctor, Cynthia Dawn

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Sommerville, Kevin Troupe, Larry Wayne Vaughn, Charles Wilhoite, Rebecca Workman, Juanita Wright. (Attachments: # 1 Systems Review Methodology, Developmental Centers, # 2 Settlement Agreement Compliance Checklist, # 3 Individual Support/Active Treatment Checklist, # 4 Letter of July 23, 2009)(rd) (Entered: 12/20/2010)

12/23/2010 1048 MOTION for Extension of Time to File Response/Reply as to 1046 MOTION for Declaratory Judgment by Tennessee, State of. (Attachments: # 1 Proposed Order Granting Defendants' Motion for Extension)(Dycus, Dianne) (Entered: 12/23/2010)

12/23/2010

1049

NOTICE of Filing of Quality Review Panel Community Review Methodology by People First of Tennessee. (Attachments: # 1 Attachment Quality Review community review methodology, # 2 Attachment Quality Review Panel individual assessment tool component of community review methodology)(Derryberry, Jack) Modified on 12/27/2010 (rd). (Entered: 12/23/2010)

12/30/2010 1050 NOTICE of Appearance by Michelle A. Jones on behalf of USA (Jones, Michelle) (Entered: 12/30/2010)

12/30/2010 1051 RESPONSE in Support re 1046 MOTION for Declaratory Judgment and Specific Enforcement filed by USA. (Attachments: # 1 Exhibit)(Jones, Michelle) (Entered: 12/30/2010)

12/30/2010 1052 ORDER granting 1048 Motion for Extension of Time to File Response/Reply re 1046 MOTION for Declaratory Judgment; Replies due by 1/19/2011.. Signed by Magistrate Judge Juliet E. Griffin on 12/30/2010. (ab) (Entered: 12/30/2010)

01/04/2011 1053 RESPONSE in Support re 1010 MOTION for Attorney Fees and Reimbursement of Expenses −− PGA's Surresponse to State's Surreply filed by Parent−Guardian Association of Clover Bottom Developmental Center, Parent−Guardian Association of Greene Valley Developmental Center. (West, Dudley) (Entered: 01/04/2011)

01/05/2011 1054 RESPONSE to Motion re 1046 MOTION for Declaratory Judgment (Renewed Response) filed by Parent−Guardian Association of Clover Bottom Developmental Center, Parent−Guardian Association of Greene Valley Developmental Center. (Schaffner, Mary) (Entered: 01/05/2011)

01/06/2011

Note to filer re 1050 1051 : These documents have been scanned. Documents generated from a word processor (Word of WordPerfect) should NOT be scanned, but rather printed directly to PDF via a PDF writer. Future scanned pleadings of this nature may require refiling. (rd) (Entered: 01/06/2011)

01/12/2011

1055

RESPONSE in Opposition re 1046 MOTION for Declaratory Judgment filed by Tennessee, State of. (Attachments: # 1 Exhibit 1 September 16, 2009 Email from Counsel for People First to Judge Brown, # 2 Exhibit 2 Attachment (1) to Sept. 16, 2009 Email, # 3 Exhibit 3 Attachment (2) to Sept. 16 Email, # 4 Exhibit 4 QRP Letter, August 25, 2010, # 5 Exhibit 5 U.S. Letter, August 2, 2010, # 6 Exhibit 6 State Letter, August 12, 2010, # 7 Exhibit 7 State Letter, September 20, 2010, # 8 Exhibit 8 QRP Letter, October 8, 2010, # 9 Exhibit 9 QRP Email with Attachments, January 26, 2010, # 10 Exhibit 10 Annual System Review Methodology, September 5, 1997)(Dycus, Dianne) (Entered: 01/12/2011)

01/12/2011 1056 DECLARATION of James R. Finch filed by Tennessee, State of re: 1055 Response in Opposition to Motion,,. (Attachments: # 1 Exhibit 1 Chart, Settlement Agreement Review Comparisons)(Dycus, Dianne) (Entered: 01/12/2011)

05/31/2011 1057 ORDER REASSIGNING CASE. Case reassigned to District Judge Kevin H. Sharp for all further proceedings. Chief Judge Todd J. Campbell no longer assigned to case. Signed by Chief Judge Todd J. Campbell on 5/31/11. Modified on 5/31/2011 (af). (Entered: 05/31/2011)

06/13/2011 1058 ORDER: Status Conference set for Monday, 7/18/2011 01:00 PM in Courtroom A826 before District Judge Kevin H. Sharp. Signed by District Judge Kevin H. Sharp on 6/13/2011. (xc:Pro se party has been notified electronically)(hb) Modified text on 6/13/2011 (hb). (Entered: 06/13/2011)

07/18/2011

Minute Entry for proceedings held before District Judge Kevin H. Sharp: Status Conference held on 7/18/2011, at which time pending motions and other matters were

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discussed. Order to enter. (Court Reporter Dorothy Stiles.)(vk) (Entered: 07/18/2011)

07/19/2011

1059

ORDER: Pltf may file a supplemental brief re 1046 Motion for Declaratory Relief by 8/1/11; deft may file a response 8/15/11; reply shall be filed by 8/22/11; any sur−reply by 8/29/11. Parent Guardian Associations may file a supplemental brief on the issue of entitlement re 1010 Application for Award of Attys' Fees by 8/1/11; deft may file a response by 8/15/11; reply shall be filed by 8/22/11; any sur−reply by 8/28/11. No further action is required by the Magistrate Judge absent further order of the Court. Signed by District Judge Kevin H. Sharp on 7/19/11. (xc:Pro se party by electronic notification.)(rd) (Entered: 07/19/2011)

07/28/2011 1060 NOTICE by Parent−Guardian Association of Clover Bottom Developmental Center, Parent−Guardian Association of Greene Valley Developmental Center re 1059 Order,, (Re: Not Filing Supplemental Brief) (West, Dudley) (Entered: 07/28/2011)

08/01/2011

1061

RESPONSE in Opposition re 1046 MOTION for Declaratory Judgment Suppkementary Memorandum in Support of Motion for Declaratory Judgment filed by People First of Tennessee. (Attachments: # 1 Exhibit QRP Revised Methodology, # 2 Exhibit QRP Review Protocol, # 3 Exhibit QRP Agreed−Upon Community Methodology, # 4 Exhibit Correspondence Fincannon−State of Tennessee)(Gran, Judith) (Entered: 08/01/2011)

08/15/2011

1062

MOTION for Extension of Time to File Response/Reply to Supplementary Memorandum in Support of Motion of Plaintiffs and Class Representatives People First for Declaratory Relief Concerning the Authority of the Quality Review Panel to Conduct an On−Site Review of Greene Valley Developmental Center and Harold Jordan Center by Tennessee, State of. (Lakey, Jonathan) (Entered: 08/15/2011)

08/16/2011 1063 ORDER: Defts' 1062 Unopposed Motion for Extension of Time to Respond to Supplementary Memorandum in Support of Motion for Declaratory Relief is GRANTED. Signed by District Judge Kevin H. Sharp on 8/16/11. (xc:Pro se party by regular and certified mail.)(rd) (Entered: 08/16/2011)

08/22/2011 1064 RESPONSE in Opposition re 1046 MOTION for Declaratory Judgment Supplemental Response filed by Tennessee, State of. (Dycus, Dianne) (Entered: 08/22/2011)

08/29/2011

1065

REPLY MEMORANDUM in Support of 1046 MOTION for Declaratory Judgment Concerning the Authority of the Quality Review Panel to Conduct an On−Site Review of Greene Valley Developmental Center and the Harold Jordan Center filed by People First of Tennessee. (Gran, Judith) Modified on 8/30/2011 (rd). (Entered: 08/29/2011)

12/16/2011

1066

NOTICE of Appearance by Martha A. Campbell on behalf of Julia Bratcher, Marjorie Nelle Cardwell, Clover Bottom Development Center, Bob Corker, Ben Dishman, Larry L. Durbin, John Ferguson, Finance & Administration, Tennessee Department of, Greene Valley Developmental Center, Health, Tennessee Department of, Mental Health and Mental Retardation, Tennessee Department of, Nat T. Winston Developmental Center, Rusty Seibert, Don Sundquist, Tennessee, State of, Fredia S. Wadley (Campbell, Martha) (Entered: 12/16/2011)

02/01/2012 1067 MEMORANDUM. An appropriate Order will be entered. Signed by District Judge Kevin H. Sharp on 2/1/12. (tmw) Modified text on 2/1/2012 (tmw). (Entered: 02/01/2012)

02/01/2012

1068

ORDER: For the reasons set forth in the accompanying Memorandum, Plaintiffs' Motion for Declaratory Relief 1046 is hereby GRANTED, in part, to the extent that, pursuant to the Settlement Agreement, the Quality Review Panel has the authority to conduct on−site visits at Green Valley Developmental Center and the Harold Jordan Center. If the parties are unable to agree upon the methodology for the on−site visits and the method for providing the QRP with copies of the Individual Support Plans for class members living in Intermediate Care Facilities for persons with Intellectual Disabilities, the Court will hold a hearing on the matter at 1:30 p.m. on Wednesday, February 15, 2012. Position statements are due on Monday, February 13, 2012. It is SO ORDERED. Signed by District Judge Kevin H. Sharp on 2/1/12. (tmw) (Entered: 02/01/2012)

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02/06/2012 1069 MEMORANDUM. An appropriate Order shall be entered. Signed by District Judge Kevin H. Sharp on 2/6/12. (tmw) (Entered: 02/06/2012)

02/06/2012

1070

ORDER: For the reasons explained in the Memorandum entered contemporaneously herewith, PGA's Application for Award of Attorneys' Fees and Reimbursement of Expenses 1010 is hereby GRANTED. PGA shall be awarded $175,901.12 for reasonable attorneys' fees and expenses for post−judgment monitoring and enforcement activities between November 13, 2008 and June 30, 2010. It is so ORDERED. Signed by District Judge Kevin H. Sharp on 2/6/12. (tmw) (Entered: 02/06/2012)

02/06/2012 1071 ORDER granting 1021 Motion to Strike. Signed by District Judge Kevin H. Sharp on 2/6/12. (tmw) (Entered: 02/06/2012)

02/13/2012 1072 Joint MOTION For Extension of Filing Deadline and Hearing Date Relative to Issue of QRP Methodology re 1067 Memorandum, 1068 Order, by Tennessee, State of. (Lakey, Jonathan) Modified text on 2/14/2012 (tmw). (Entered: 02/13/2012)

02/14/2012

1073

NOTICE of Appearance by Mary B. Ferrara on behalf of Julia Bratcher, Clover Bottom Development Center, Ben Dishman, John Ferguson, Finance & Administration, Tennessee Department of, Greene Valley Developmental Center, Health, Tennessee Department of, Mental Health and Mental Retardation, Tennessee Department of, Nat T. Winston Developmental Center, Rusty Seibert, Don Sundquist, Tennessee, State of, Fredia S. Wadley (Ferrara, Mary) (Entered: 02/14/2012)

02/14/2012

Bar status of Atty Mary B. Ferrara of TN verified as active this date. (tmw) (Entered: 02/14/2012)

02/14/2012

1074

ORDER: Pending before the Court is the Joint Motion Regarding Schedule for Development of Methodology for QRP'S Review of Sections IV, V and IX, and Announcement Regarding Agreement for Provision of Individual Support Plans to Quality Review Panel for Reviews 1072 . The motion is hereby GRANTED, and the Court accepts and approves the proposed schedule for development of methodology as set forth by the parties. Furthermore, the hearing scheduled for February 15, 2012, is hereby CONTINUED to Monday, March 12, 2012 at 1:30 p.m. It is so ORDERED. Signed by District Judge Kevin H. Sharp on 2/14/12. (tmw) (Entered: 02/14/2012)

02/21/2012 1075 LETTER/NOTICE of Filing of Annual System Review, by Quality Review Panel. (Attachments: # 1 2011 Annual System Review Clover Bottom Developmental Center, 2/17/2012)(tmw) (Entered: 02/23/2012)

03/05/2012 1076 Letter/Notice of Filing of Page 56 re 2/17/12 Report, from Quality Review Panel. (Attachments: # 1 Page 56)(tmw) (Entered: 03/06/2012)

03/07/2012

1077

NOTICE OF APPEAL as to 1070 Order on Motion for Attorney Fees, by Julia Bratcher, Clover Bottom Development Center, Pete Davidson, Ben Dishman, John Ferguson, Finance & Administration, Tennessee Department of, Greene Valley Developmental Center, Health, Tennessee Department of, Mental Health and Mental Retardation, Tennessee Department of, Nat T. Winston Developmental Center, Rusty Seibert, Don Sundquist, Tennessee, State of, Fredia S. Wadley. (Ferrara, Mary) (Entered: 03/07/2012)

03/07/2012

1078

RECEIPT #34675020781 in the amount of $455.00 posted by Julia Bratcher, Clover Bottom Development Center, Pete Davidson, Ben Dishman, John Ferguson, Finance & Administration, Tennessee Department of, Greene Valley Developmental Center, Health, Tennessee Department of, Mental Health and Mental Retardation, Tennessee Department of, Nat T. Winston Developmental Center, Rusty Seibert, Don Sundquist, Tennessee, State of, Fredia S. Wadley re 1077 Notice of Appeal. (rd) (Entered: 03/08/2012)

03/08/2012 1079 NOTICE by People First of Tennessee (Attachments: # 1 Attachment methodology for QRP reviews at developmental centers, sections 4, 5, and 9 of settlement agreement, # 2 Attachment QRP reviews, settlement agreement sections 4,5, and 9 compliance checklist)(Derryberry, Jack) (Entered: 03/08/2012)

03/08/2012 1080 ORDER: The 3/12/12 hearing is hereby CANCELLED. Signed by District Judge Kevin H. Sharp on 3/8/12. (rd) (Entered: 03/08/2012)

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03/14/2012

USCA Case Number 12−5275 for 1077 Notice of Appeal. Case Manager Jill Colyer. (tmw) (Entered: 03/15/2012)

03/16/2012

1081

NOTICE OF CROSS APPEAL as to 1070 Order on Motion for Attorney Fees, 1071 Order on Motion to Strike by Parent−Guardian Association of Clover Bottom Developmental Center, Parent−Guardian Association of Greene Valley Developmental Center. Filing fee $ 455, receipt number 0650−1258813. (West, Dudley) (Entered: 03/16/2012)

03/21/2012

USCA Case Number 12−5297 for 1081 Notice of Cross Appeal, filed by Parent−Guardian Association of Clover Bottom Developmental Center, Parent−Guardian Association of Greene Valley Developmental Center. Case Manager: Jill Colyer. (tmw) (Entered: 03/21/2012)

04/11/2012 1082 MOTION for Attorney Fees agreed by People First of Tennessee. (Attachments: # 1 Proposed Order agreed motion and order for attorney fees)(Derryberry, Jack) (Entered: 04/11/2012)

04/13/2012 1083 AGREED ORDER ON JOINT APPLICATION FOR AN AWARD OF ATTORNEYS' FEES AND EXPENSES TO PEOPLE FIRST. Signed by District Judge Kevin H. Sharp on 4/13/12. (xc:6CCA via NEF) (tmw) (Entered: 04/13/2012)

05/25/2012

1084

ORDER of USCA as to 1077 Notice of Appeal and 1081 Notice of Cross Appeal: In accordance with Rule 33(d), Rules of the Sixth Circuit, and upon consideration of the parties' stipulation to dismiss, It is ORDERED that these cases are dismissed pursuant to 42(b), Federal Rules of Appellate Procedure. (NO MANDATE TO ISSUE) (hb) (Entered: 05/25/2012)

07/05/2012 1085 NOTICE of Filing of the Quality Review Panel's Annual System Review Sections IV, V, and IX of the Settlement Agreement for the Greene Valley Developmental Center, by Quality Review Panel. (Attachments: # 1 Cover letter and envelope)(tmw) (Entered: 07/13/2012)

08/09/2012 1086 NOTICE of Filing of the Quality Review Panel's Annual System Review Sections IV, V, and IX of the Settlement Agreement for the Harold Jordan Center, by Quality Review Panel. (Attachments: # 1 Cover letter and envelope)(tmw) (Entered: 08/10/2012)

09/25/2012 1087 MOTION for Attorney Fees Unopposed Joint Application for attorney fees by People First of Tennessee. (Attachments: # 1 Proposed Order granting agreed fee application)(Derryberry, Jack) (Entered: 09/25/2012)

09/28/2012 1088 AGREED ORDER ON 1087 JOINT APPLICATION FOR AN AWARD OF ATTYS' FEES AND EXPENSES. Signed by District Judge Kevin H. Sharp on 9/28/12. (DOCKET TEXT SUMMARY ONLY−ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(rd) Modified on 10/1/2012 (rd). (Entered: 09/28/2012)

12/06/2012 1089 NOTICE of Filing of the Quality Review Panel's Annual System Review, Cloverbottom Developmental Center, by Quality Review Panel. (Attachments: # 1 Cover letter and envelope)(tmw) (Entered: 12/07/2012)

03/08/2013 1090 NOTICE by People First of Tennessee filing of Proposed Agreed Order allowing re−admission of class member to Clover Bottom Developmental Center (Derryberry, Jack) (Entered: 03/08/2013)

03/08/2013 1091 AGREED ORDER ALLOWING RE−ADMISSION OF SCOTT L. TO CLOVER BOTTOM DEVELOPMENTAL CENTER. Signed by District Judge Kevin H. Sharp on 3/8/13. (DOCKET TEXT SUMMARY ONLY−ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(tmw) (Entered: 03/08/2013)

10/29/2013 1092 Joint MOTION for Attorney Fees Unopposed Joint Application by Parent−Guardian Association of Clover Bottom Developmental Center, Parent−Guardian Association of Greene Valley Developmental Center. (Attachments: # 1 Attachment Proposed Order granting agreed fee application)(West, Dudley) (Entered: 10/29/2013)

10/30/2013 1093 AGREED ORDER ON JOINT APPLICATION FOR AWARD OF ATTORNEY'S FEES AND REIMBURSEMENT OF EXPENSES TO THE PARENT GUARDIAN ASSOCIATIONS. Signed by District Judge Kevin H. Sharp on 10/30/13. (DOCKET TEXT SUMMARY ONLY−ATTORNEYS MUST OPEN THE PDF AND READ
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THE ORDER.)(dt) (Entered: 10/31/2013)

11/21/2013 1094 NOTICE of Manual Filing of the Quality Review Panel's Annual System Review re Harold Jordan Developmental Center, by Quality Review Panel. (tmw) (Entered: 11/22/2013)

11/21/2013 1095 NOTICE of Manual Filing of the Quality Review Panel's Annual System Review re Cloverbottom Developmental Center, by Quality Review Panel. (tmw) (Entered: 11/22/2013)

03/20/2014 1096 MOTION for Status Conference and Appointment of Judicial Mediator by People First of Tennessee. (Derryberry, Jack) Modified text on 3/21/2014 (tmw). (Entered: 03/20/2014)

04/03/2014 1097 NOTICE of Manual Filing of the Quality Review Panel's Annual System Review re Greene Valley Developmental Center, by Quality Review Panel. (tmw) (Entered: 04/04/2014)

04/09/2014

1098

Joint MOTION AND COMBINED MEMORANDUM IN SUPPORT FOR REPLACEMENT APPOINTMENT TO THE QUALITY REVIEW PANEL by USA. (Attachments: # 1 Attachment attachment 1, resume of Nicole Arsenault, # 2 Proposed Order Proposed Order Granting Motion)(Geissler, R.) (Entered: 04/09/2014)

04/09/2014

1099

ORDER re 1096 Joint Motion for Status Conference and Appointment of Judicial Mediator. The motion for a status conference is GRANTED and a telephone conference is hereby scheduled for April 14, 2014, at 3:00 p.m. The parties are instructed to call 615−695−2852 to be connected to the call. Signed by District Judge Kevin H. Sharp on 4/9/14. (tmw) (Entered: 04/09/2014)

04/14/2014

Minute Entry for proceedings held before District Judge Kevin H. Sharp: Telephone Conference held on 4/14/2014. Order re: mediation to enter. (ab) (Entered: 04/15/2014)

04/15/2014 1100 ORDER FOR REPLACEMENT APPOINTMENT TO THE QUALITY REVIEW PANEL. Signed by District Judge Kevin H. Sharp on 4/15/14. (DOCKET TEXT SUMMARY ONLY−ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(tmw) (Entered: 04/15/2014)

05/07/2014

1101

ORDER: This matter is hereby referred to Magistrate Judge Juliet Griffin for the purposes of conducting a settlement conference(s). Within 120 days of this Order, the parties shall finalize a resolution. Signed by District Judge Kevin H. Sharp on 5/7/14. (DOCKET TEXT SUMMARY ONLY−ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(tmw) (Entered: 05/07/2014)

05/07/2014

1102

ORDER: Counsel for the parties shall convene a telephone conference call with the Court on Friday, May 16, 2014, at 10:00 a.m., central time, to be initiated by counsel for the state defendants, to address scheduling a settlement conference(s) and the logistics involved. Signed by Magistrate Judge Juliet E. Griffin on 5/7/14. (DOCKET TEXT SUMMARY ONLY−ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(tmw) (Entered: 05/08/2014)

05/15/2014 1103 NOTICE of Appearance by Nancy Penny Harrington on behalf of Parent−Guardian Association of Clover Bottom Developmental Center, Parent−Guardian Association of Greene Valley Developmental Center (Harrington, Nancy) (Entered: 05/15/2014)

05/16/2014

Bar status of Atty Nancy Penny Harrington of TN verified as active this date. (tmw) (Entered: 05/16/2014)

05/16/2014

Minute Entry for proceedings held before Magistrate Judge Juliet E. Griffin: Telephone Conference held on 5/16/2014; ORDER to enter. (jwc) (Entered: 05/19/2014)

05/19/2014

1104

ORDER: Settlement Conference set for 7/8/2014, at 9:00 AM in Courtroom 764 before Magistrate Judge Juliet E. Griffin. By 3:00 p.m. on Tuesday, July 1, 2014, the parties shall deliver under seal, directly to Ms. Jeanne Cox, Courtroom Deputy to the undersigned, or to Mr. Steve Wilson or Mr. Christopher Call, law clerks to the undersigned, or provide by facsimile transmission (615−736−7070) ex parte, separate

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settlement conference statements. Signed by Magistrate Judge Juliet E. Griffin on 5/19/14. (DOCKET TEXT SUMMARY ONLY−ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(tmw) (Entered: 05/20/2014)

07/02/2014 1105 NOTICE of Appearance by Jonathan Stephen Carlton on behalf of Parent−Guardian Association of Clover Bottom Developmental Center, Parent−Guardian Association of Greene Valley Developmental Center (Carlton, Jonathan) (Entered: 07/02/2014)

07/03/2014

Bar status of Atty Jonathan Stephen Carlton of TN verified as active this date. (tmw) (Entered: 07/03/2014)

07/08/2014

Minute Entry for proceedings held before Magistrate Judge Juliet E. Griffin: Settlement Conference held on 7/8/2014. (jwc) (Entered: 07/14/2014)

07/09/2014

Minute Entry for proceedings held before Magistrate Judge Juliet E. Griffin: Phase 1 Settlement Conference held on 7/9/2014; ORDER to enter. (jwc) (Entered: 07/14/2014)

07/14/2014

1106

ORDER: Pursuant to the order entered May 15, 2014 1104 , the first phase of settlement conference sessions was held on July 8, 2014, and July 9, 2014. The settlement conference sessions shall continue as follows: 1. Tuesday, September 9, 2014, beginning at 1:00 p.m.; 2. Wednesday, September 10, 2014, beginning at 9:00 a.m.; 3. Thursday, October 2, 2014, beginning at 9:00 a.m; and 4. Friday, October 3, 2014, beginning at 9:00 a.m. In the meantime, the parties shall confer as agreed upon during the July settlement conference sessions. It is so ORDERED. Signed by Magistrate Judge Juliet E. Griffin on 7/14/14. (tmw) (Entered: 07/14/2014)

08/29/2014 1107 Joint MOTION To Extend Time for Settlement Discussions re 1101 Order Referring Case to Magistrate Judge, by Tennessee, State of. (Attachments: # 1 Proposed Order Proposed Order to Extend Settlement Discussions)(Lakey, Jonathan) (Entered: 08/29/2014)

09/03/2014

1108

ORDER: Accordingly, this Court extends the time to finalize a resolution until November 10, 2014, or until a written declaration of impasse is made by the State Defendants on or after October 4, 2014, and filed with the Court. In either event, if the mediation has proven unsuccessful, the parties will have either fourteen days from the declaration of impasse or until November 24, 2014, whichever is earlier, to notify the Court of issues remaining in accordance with and as directed in this Court's May 7, 2014 Order (Dkt 1101 ). IT IS SO ORDERED. Signed by District Judge Kevin H. Sharp on 9/3/14. (DOCKET TEXT SUMMARY ONLY−ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(afs) (Entered: 09/03/2014)

09/09/2014

Minute Entry for proceedings held before Magistrate Judge Juliet E. Griffin: Settlement Conference held on 9/9/2014. (jwc) (Entered: 09/11/2014)

09/10/2014

Minute Entry for proceedings held before Magistrate Judge Juliet E. Griffin: Settlement Conference held on 9/10/2014. (jwc) (Entered: 09/11/2014)

09/11/2014

1109

ORDER: In accord with the order entered July 14, 2014 (Docket Entry No. 1106 ), the settlement conference sessions constituting phase two were held on September 9−10, 2014. By no later than September 29, 2014, the defendants shall provide proposals to counsel for the other parties as addressed on September 10, 2014. In addition to the third sessions already scheduled on October 2−3, 2014, the fourth sessions are scheduled on Wednesday, October 22, 2014, beginning at 9:00 a.m., and Thursday, October 23, 2014, beginning at 9:00 a.m., if necessary, for a half day. It is so ORDERED. Signed by Magistrate Judge Juliet E. Griffin on 9/11/14. (afs) (Entered: 09/11/2014)

10/02/2014

Minute Entry for proceedings held before Magistrate Judge Juliet E. Griffin: Settlement Conference held on 10/2/2014. (jwc) (Entered: 10/03/2014)

11/03/2014

Minute Entry for proceedings held before Magistrate Judge Juliet E. Griffin: Telephone Conference held on 11/3/2014. (jwc) (Entered: 11/12/2014)

11/05/2014

Minute Entry for proceedings held before Magistrate Judge Juliet E. Griffin: Settlement Conference held on 11/5/2014. (jwc) (Entered: 11/12/2014)

Case: 3:95-cv-1227 As of: 10/10/2017 07:21 PM CDT 90 of 103

11/14/2014 1110 ORDER: Fifth Settlement Conference is set for 11/18/2014 at 9:00 AM before Magistrate Judge Juliet E. Griffin. Signed by Magistrate Judge Juliet E. Griffin on 11/14/14. (DOCKET TEXT SUMMARY ONLY−ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt) (Entered: 11/14/2014)

11/18/2014

Minute Entry for proceedings held before Magistrate Judge Juliet E. Griffin: Settlement Conference held on 11/18/2014; ORDER to enter. (jwc) (Entered: 11/21/2014)

11/20/2014

1111

ORDER: Pursuant to the order entered November 14, 2014 (Docket Entry No. 1110 ), the fifth settlement conference session was held on November 18, 2014. Counsel for the parties shall meet on December 8, 2014, and convene for a sixth session with the Court, as appropriate, on Tuesday, December 9, 2014, at 9:00 a.m., in Courtroom 764, U.S. Courthouse, 801 Broadway, Nashville, TN. Signed by Magistrate Judge Juliet E. Griffin on 11/20/14. (afs) (Entered: 11/20/2014)

11/25/2014 1112 Letter from Jaylon Fincannon regarding Settlement Agreement. Report forwarded to Judge Sharp's Chambers. (afs) (Entered: 11/25/2014)

11/25/2014 1113 Letter from Jaylon Fincannon regarding Settlement Agreement. Report forwarded to Judge Sharp's Chambers. (afs) (Entered: 11/25/2014)

12/09/2014

Minute Entry for proceedings held before Magistrate Judge Juliet E. Griffin: Settlement Conference held on 12/9/2014. (jwc) (Entered: 12/12/2014)

12/17/2014 1115 Letter from Jaylon Fincannon regarding Settlement Agreement. Report forwarded to Judge Sharp's Chambers. (afs) (Entered: 12/19/2014)

12/18/2014

1114

ORDER: Telephone Conference set for 12/22/2014 at 11:00 AM before Magistrate Judge Juliet E. Griffin. Settlement Conference set for 3/24/2015 09:00 AM in Courtroom 764 before Magistrate Judge Juliet E. Griffin. Signed by Magistrate Judge Juliet E. Griffin on 12/18/14. (DOCKET TEXT SUMMARY ONLY−ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(afs) Modified on 12/19/2014 (afs). (Entered: 12/19/2014)

12/24/2014 1116 Joint MOTION for Attorney Fees fififteenth agreed supplemental attorney fees application by People First of Tennessee. (Attachments: # 1 Attachment proposed agreed order)(Derryberry, Jack) (Entered: 12/24/2014)

12/30/2014

1117

AGREED ORDER ON JOINT APPLICATION FOR AN AWARD OF ATTORNEYS' FEES AND EXPENSES TO PEOPLE FIRST. Signed by Chief Judge Kevin H. Sharp on 12/30/2014. (DOCKET TEXT SUMMARY ONLY−ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(hb) (Entered: 12/30/2014)

01/06/2015

1118

Joint MOTION to Approve Exit Plan by Tennessee, State of. (Attachments: # 1 Exhibit 1 − Exit Plan, # 2 Exhibit A − to Exit Plan − Proposed Order, # 3 Exhibit A to Proposed Order, # 4 Exhibit B to Proposed Order, # 5 Exhibit B to Exit Plan, # 6 Exhibit C to Exit Plan, # 7 Exhibit D to Exit Plan)(Lakey, Jonathan) (Entered: 01/06/2015)

01/07/2015

1119

ORDER: After review and consultation with counsel, the parties' proposed Notice of Joint Motion of all Parties to Approve Exit Plan and Enter Agreed Order is hereby approved, as attached hereto. It is so ORDERED. Signed by Magistrate Judge Juliet E. Griffin on 1/7/15. (Attachments: # 1 Attachment NOTICE OF JOINT MOTION OF ALL PARTIES TO APPROVE EXIT PLAN)(af) (Entered: 01/07/2015)

01/16/2015

Minute Entry for proceedings held before Magistrate Judge Juliet E. Griffin: Telephone Conference held on 1/16/2015. (jwc) (Entered: 01/16/2015)

01/17/2015 1120 NOTICE of Appearance by Allen Woods on behalf of People First of Tennessee, Brian Bragdon (Woods, Allen) (Entered: 01/17/2015)

01/17/2015

1121

MOTION to Intervene by Brian Bragdon. (Attachments: # 1 Attachment Brief in Support of Motion, # 2 Attachment Proposed Complaint, # 3 Attachment Notice of Filing, # 4 Attachment Bragdon Affidavit, # 5 Attachment Gena Wexler Affidavit, # 6 Attachment Holloway Affidavit, # 7 Attachment King Affidavit, # 8 Attachment Lingerfelt Affidavit, # 9 Attachment Russell Wexler Affidavit, # 10 Attachment Wyrick Affidavit)(Woods, Allen) (Entered: 01/17/2015)

Case: 3:95-cv-1227 As of: 10/10/2017 07:21 PM CDT 91 of 103

01/20/2015 1122 RESPONSE in Opposition re 1121 MOTION to Intervene filed by USA. (Geissler, R.) (Entered: 01/20/2015)

01/20/2015

1123

RESPONSE in Opposition re 1121 MOTION to Intervene filed by Clover Bottom Development Center, Finance & Administration, Tennessee Department of, Greene Valley Developmental Center, Health, Tennessee Department of, Mental Health and Mental Retardation, Tennessee Department of, Nat T. Winston Developmental Center, Tennessee, State of. (Campbell, Martha) (Entered: 01/20/2015)

01/20/2015 1124 RESPONSE in Opposition re 1121 MOTION to Intervene filed by People First of Tennessee filed by Parent−Guardian Association of Greene Valley Developmental Center. (Derryberry, Jack) (Entered: 01/20/2015)

01/20/2015 1125 RESPONSE in Opposition re 1121 MOTION to Intervene Memorandum in support of Response in opposition to Motion to Intervene filed by People First of Tennessee. (Derryberry, Jack) (Entered: 01/20/2015)

01/20/2015 1126 RESPONSE in Opposition re 1121 MOTION to Intervene Exhibit 1. to Memorandum Dkt. No. 1125 filed by People First of Tennessee. (Derryberry, Jack) (Entered: 01/20/2015)

01/20/2015 1127 RESPONSE in Opposition re 1121 MOTION to Intervene Ex. 2. to Memorandum Dkt. No. 1125, filed by People First of Tennessee. (Derryberry, Jack) (Entered: 01/20/2015)

01/21/2015

Minute Entry for proceedings held before Chief Judge Kevin H. Sharp: Status Conference held on 1/21/2015. Order to enter. (Court Reporter Wynette Blathers.) (ab) (Entered: 01/22/2015)

01/22/2015 1128 Letter to the Court from Maxine Bettis. (af) (Additional attachment(s) added on 1/22/2015: # 1 Attachment Envelope) (af). (Entered: 01/22/2015)

01/22/2015 1129 WITNESS/EXHIBIT LIST prepared by Deputy Clerk. re: Status Conference.(afs) (Entered: 01/22/2015)

01/22/2015

Note to Filer re DE# 1120 : This document is a scanned document; scanning should only be used for documents not created on your computer. This document does not need to be re−filed unless otherwise directed by the Court. (afs) (Entered: 01/22/2015)

01/25/2015 1130 Supplemental MOTION to Intervene Supplemental Brief by Brian Bragdon. (Attachments: # 1 Attachment Notice of Filing, # 2 Attachment Holloway Affidavit, # 3 Attachment King Affidavit, # 4 Attachment Limgerfelt Affidavit, # 5 Attachment Neas Affidavit)(Woods, Allen) (Entered: 01/25/2015)

01/27/2015 1131 RESPONSE to Motion re 1121 MOTION to Intervene filed by Parent−Guardian Association of Clover Bottom Developmental Center, Parent−Guardian Association of Greene Valley Developmental Center. (West, Dudley) (Entered: 01/27/2015)

01/28/2015 1132 RESPONSE in Opposition re 1121 MOTION to Intervene , 1130 Supplemental MOTION to Intervene Supplemental Brief filed by USA. (Geissler, R.) (Entered: 01/28/2015)

01/28/2015 1133 RESPONSE in Opposition re 1121 MOTION to Intervene , 1130 Supplemental MOTION to Intervene Supplemental Brief Response in Opposition to Supplemental Motion to Intervene filed by People First of Tennessee. (Derryberry, Jack) (Entered: 01/28/2015)

01/28/2015

1134

RESPONSE in Opposition re 1130 Supplemental MOTION to Intervene Supplemental Brief filed by Clover Bottom Development Center, Finance & Administration, Tennessee Department of, Greene Valley Developmental Center, Health, Tennessee Department of, Mental Health and Mental Retardation, Tennessee Department of, Tennessee, State of. (Campbell, Martha) (Entered: 01/28/2015)

01/28/2015

1135

NOTICE of Filing by Clover Bottom Development Center, Finance & Administration, Tennessee Department of, Greene Valley Developmental Center, Health, Tennessee Department of, Mental Health and Mental Retardation, Tennessee Department of, Tennessee, State of re 1134 Response in Opposition to Motion, (Attachments: # 1 Exhibit Declaration of Patti Killingsworth, # 2 Exhibit QRP report, # 3 Exhibit Declaration of Debra K. Payne)(Campbell, Martha) (Entered: 01/28/2015)

Case: 3:95-cv-1227 As of: 10/10/2017 07:21 PM CDT 92 of 103

01/29/2015 1136 MEMORANDUM OPINION OF THE COURT. Signed by Chief Judge Kevin H. Sharp on 1/29/15. (DOCKET TEXT SUMMARY ONLY−ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(af) (Entered: 01/29/2015)

01/29/2015

1137

ORDER: For the reasons set forth in the accompanying Memorandum, the Court hereby GRANTS the Parties' joint motion seeking approval of an Exit Plan (Docket No. 1118−1) and entry of a proposed Agreed Order (Docket No. 1118−2). The Agreed Order is contemporaneously herewith ENTERED. The Motion to Intervene brought by Brian Bragdon, Lisa Hill, Gail King, Ricky Lingerfelt, Gena Wexler, Russell Wexler, Leonard Wyrick Jr., and Citizens for a Better Tennessee (Docket No. 1121) is hereby DENIED. It is SO ORDERED Signed by Chief Judge Kevin H. Sharp on 1/29/15. (af) (Entered: 01/29/2015)

01/29/2015

1138

AGREED ORDER re Exit Plan, Compliance Conferences, Compliance with Sections II−IX of the Exit Plan, Compliance with Sections X of the Exit Plan, Monitoring & Other Issues. Signed by Chief Judge Kevin H. Sharp on 1/29/15. (Attachments: # 1 Attachment Exit Plan, # 2 Exhibit B to Exit Plan, # 3 Exhibit C to Exit Plan, # 4 Exhibit D to Exit Plan)(DOCKET TEXT SUMMARY ONLY−ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(af) (Entered: 01/29/2015)

01/29/2015 1139 Letter from Maxine Bettis on behalf of G.V.D.C. (afs) (Entered: 01/30/2015)

03/24/2015

Minute Entry for proceedings held before Magistrate Judge Juliet E. Griffin: Settlement Conference held on 3/24/2015. (jwc) (Entered: 03/30/2015)

03/25/2015

1140

ORDER SETTING HEARING: A further settlement conference session is scheduled on Tuesday, April 28, 2015, beginning at 10:00 a.m. central time. Signed by Magistrate Judge Juliet E. Griffin on 3/25/2015. (DOCKET TEXT SUMMARY ONLY−ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.) (ds) (Entered: 03/25/2015)

04/08/2015

1141

REPORT AND RECOMMENDATION: Based upon the compliance meeting conducted by this Court on March 24, 2015, this Court finds, and hereby recommends, that good cause exist to enter an Order holding that Defendants have complied with Section II, Section III.A., III.B., III.C., Section VIII, and Section X.A. and X.B of the Exit Plan. Signed by Magistrate Judge Juliet E. Griffin on 4/8/15. (DOCKET TEXT SUMMARY ONLY−ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(af) (Entered: 04/08/2015)

04/28/2015

Minute Entry for proceedings held before Magistrate Judge Juliet E. Griffin: Settlement Conference held on 4/28/2015; ORDER to enter. (jwc) (Entered: 04/28/2015)

04/28/2015

1142

ORDER: Further settlement conference/compliance meetings are scheduled as follows: Thursday, May 28, 2015, at 10:30 a.m. and Wednesday, June 24, 2015, at 10:30 a.m. Signed by Magistrate Judge Juliet E. Griffin on 4/28/15. (DOCKET TEXT SUMMARY ONLY−ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am) (Entered: 04/29/2015)

05/07/2015 1143 Supplemental MOTION for Attorney Fees 16th supplemental motion for attorney fees by People First of Tennessee. (Derryberry, Jack) (Entered: 05/07/2015)

05/07/2015 1144 PROPOSED ORDER re: MOTION for Attorney Fees by People First of Tennessee. (Derryberry, Jack) Modified Text on 5/12/2015 (dt). (Entered: 05/07/2015)

05/11/2015

1145

REPORT AND RECOMMENDATION: Based upon the compliance meeting conducted by this Court on April 28, 2015, this Court finds, and hereby recommends, that good cause exists to enter an Order holding that Defendants have complied with Section III.D., Section VI.A. and VI.E., and Section VII.C. of the Exit Plan. Pursuant to paragraph 7 of the Agreed Order, People First, the United States, and the Parent Guardian Associations of Clover Bottom Developmental Center and of Greene Valley. Developmental Center have fourteen (14) days from the entry of this Report and Recommendation to file an objection to it. If no such objection is filed within the prescribed period of time, the findings in this Report and Recommendation shall be final and binding on all parties. Signed by Magistrate Judge Juliet E. Griffin on 5/8/15. (DOCKET TEXT SUMMARY ONLY−ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am) (Entered: 05/11/2015)

Case: 3:95-cv-1227 As of: 10/10/2017 07:21 PM CDT 93 of 103

05/27/2015 1146 AGREED ORDER granting 1143 Motion for Attorney Fees. Signed by Chief Judge Kevin H. Sharp on 5/27/15. (DOCKET TEXT SUMMARY ONLY−ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt) (Entered: 05/27/2015)

05/28/2015

Minute Entry for proceedings held before Magistrate Judge Juliet E. Griffin: Settlement Conference held on 5/28/2015. (jwc) (Entered: 06/11/2015)

06/10/2015

1147

REPORT AND RECOMMENDATION. Based upon the compliance meeting conducted by this Court on May 28, 2015, this Court finds, and hereby recommends, that good cause exist to enter an Order holding that Defendants have complied with Section VI.C. and VII.A. of the Exit Plan. Pursuant to paragraph 7 of the Agreed Order, People First, the United States, and the Parent Guardian Associations of Clover Bottom Developmental Center and of Greene Valley Developmental Center have fourteen (14)days from the entry of this Report and Recommendation to file an objection to it. If no such objection is filed within the prescribed period of time, the findings in this Report and Recommendation shall be final and binding on all parties. Signed by Magistrate Judge Juliet E. Griffin on 6/10/15. (DOCKET TEXT SUMMARY ONLY−ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am) (Entered: 06/10/2015)

06/24/2015

Minute Entry for proceedings held before Magistrate Judge Juliet E. Griffin: Settlement Conference held on 6/24/2015. (jwc) (Entered: 06/24/2015)

06/30/2015 1148 ORDER: As scheduled during the settlement/compliance session on June 24, 2015, the next such sessions are scheduled for Tuesday, July 28, 2015 at 10:30 a.m. and Thursday, August 20, 2015 at 9:00 a.m. Signed by Magistrate Judge Juliet E. Griffin on 6/30/2015. (jw) (Entered: 06/30/2015)

07/14/2015

1149

REPORT AND RECOMMENDATION FOR ENTRY OF AN ORDER FINDING THAT DEFENDANTS HAVE COMPLETED A MATERIAL PROVISION OF THE EXIT PLAN. Signed by Magistrate Judge Juliet E. Griffin on 7/14/15. (DOCKET TEXT SUMMARY ONLY−ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(af) (Entered: 07/15/2015)

07/16/2015

1150

ORDER: Upon request of the United States, the settlement/compliance session, scheduled by order entered June 30, 2015 (Docket Entry No. 1148), on July 28, 2015, is RESCHEDULED to Wednesday, July 29, 2015, at 9:30 a.m., in Courtroom 764, U.S. Courthouse, 801 Broadway, Nashville, TN. It is so ORDERED. Signed by Magistrate Judge Juliet E. Griffin on 7/16/15. (af) (Entered: 07/16/2015)

07/29/2015

Minute Entry for proceedings held before Magistrate Judge Juliet E. Griffin: Settlement Conference held on 7/29/2015. (jwc) (Entered: 08/03/2015)

07/30/2015 1151 ORDER: Settlement Conference set for 8/20/2015 at 9:00 AM and for 10/7/2015 at 9:30 AM before Magistrate Judge Juliet E. Griffin. Signed by Magistrate Judge Juliet E. Griffin on 7/29/2015. (DOCKET TEXT SUMMARY ONLY−ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(jw) (Entered: 07/30/2015)

07/31/2015 1152 Joint MOTION for Attorney Fees Unopposed Joint Application by Parent−Guardian Association of Clover Bottom Developmental Center, Parent−Guardian Association of Greene Valley Developmental Center, Tennessee, State of. (Attachments: # 1 Attachment Agreed Order)(West, Dudley) (Entered: 07/31/2015)

08/07/2015

1153

ORDER: (1) The R & Rs (Docket No. 1145 & 1147) are hereby ACCEPTED and APPROVED; (2) The Court hereby FINDS that Defendants have complied with the following sections of the Exit Plan: III.D., VI.A., VI.C., VI.E., VII.A., and VII.C. The Clerk of the Court is directed to close this case. Signed by Chief Judge Kevin H. Sharp on 8/7/2015. (DOCKET TEXT SUMMARY ONLY−ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(jw) (Entered: 08/07/2015)

08/14/2015

1154

ORDER: It is hereby ordered that the Intervenor PGA are awarded attorney's fees and expenses in the aggregate amount of Two Hundred Twenty−Two Thousand Four Hundred Sixty−Six and 34/100 Dollars ($222,466.34). Signed by Chief Judge Kevin H. Sharp on 8/14/2015. (DOCKET TEXT SUMMARY ONLY−ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(jw) Modified on 8/18/2015 (jw). (Entered: 08/14/2015)

Case: 3:95-cv-1227 As of: 10/10/2017 07:21 PM CDT 94 of 103

08/20/2015

Minute Entry for proceedings held before Magistrate Judge Barbara D. Holmes: Settlement Conference held by telephone on 8/20/2015. (jwc) (Entered: 08/20/2015)

10/07/2015

Minute Entry for proceedings held before Magistrate Judge Barbara D. Holmes: Settlement Conference held on 10/7/2015; Next Conference scheduled for 11/3/15 @ 10; and then 12/9/15 @ 10; ORDER to enter. (jwc) (Entered: 10/07/2015)

11/03/2015

Minute Entry for proceedings held before Magistrate Judge Barbara D. Holmes: Settlement Conference held on 11/3/2015. (Tape #not recorded.) (jwc) (Entered: 11/03/2015)

11/03/2015

1155

REPORT AND RECOMMENDATION: Based upon the compliance meeting conducted by this Court on October 7, 2015 and the agreement of all parties, this Court finds, and hereby recommends, that good cause exists to enter an Order holding that Defendants have complied with and completed Section III.E and III.G; Section IV.A, IV.B, and IV.F; and, Section VI.D of the Exit Plan. Signed by Magistrate Judge Barbara D. Holmes on 11/3/2015. (DOCKET TEXT SUMMARY ONLY−ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(jw) (Entered: 11/03/2015)

11/19/2015

1156

ORDER: As scheduled during the settlement/compliance session on November 3, 2015, the next such session is scheduled for Wednesday, December 9, 2015, at 10:00 a.m. in Courtroom 764, U.S. Courthouse, 801 Broadway, Nashville, Tennessee. Signed by Magistrate Judge Barbara D. Holmes on 11/19/15. (dt) (Entered: 11/20/2015)

11/19/2015

1157

REPORT AND RECOMMENDATION: Based upon the compliance meeting conducted by this Court on November 3, 2015 and the agreement of all parties, this Court finds, and hereby recommends, that good cause exist to enter an Order holding that Defendants have complied with and completed Section III.F; Section IV.C and IV.D; and, Section V.A. Pursuant to paragraph 7 of the Agreed Order, People First, the United States, and the Parent Guardian Associations of Clover Bottom Developmental Center and of Greene Valley Developmental Center have fourteen (14) days from the entry of this Report and Recommendation to file an objection to it. If no such objection is filed within the prescribed period of time, the findings in this Report and Recommendation shall be final and binding on all parties. Signed by Magistrate Judge Barbara D. Holmes on 11/20/15. (DOCKET TEXT SUMMARY ONLY−ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt) (Entered: 11/20/2015)

12/09/2015

Minute Entry for proceedings held before Magistrate Judge Barbara D. Holmes: Settlement Conference held on 12/9/2015. (Tape #not recorded.) (jwc) (Entered: 12/09/2015)

12/11/2015

1158

REPORT AND RECOMMENDATION: Based upon the compliance meeting conducted by this Court on December 9, 2015 and the agreement of all parties, this Court finds, and hereby recommends, that good cause exist to enter an Order holding that Defendants have complied with and completed Section IV.E; Section VI.B; Section VII.B; and, Section IX. Furthermore, pursuant to the Agreed Order and based upon the Court's previous findings of compliance with all of the other material provisions of Sections II−IX of the Exit Plan, (see Report and Recommendations, ECF No. 1141; Report and Recommendations, ECF No. 1145; Report and Recommendations, ECF No. 1147; Report and Recommendations, ECF. No. 1149; Report and Recommendations, ECF No. 1155; and, Report and Recommendations, ECF No. 1157), the Court finds that the State has complied with all material provisions of Sections II−IX of the Exit Plan. Signed by Magistrate Judge Barbara D. Holmes on 12/11/2015. (xc:Pro se party via email.)(DOCKET TEXT SUMMARY ONLY−ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(jw) Modified on 12/15/2015 (jw). (Entered: 12/11/2015)

12/14/2015

1159

ORDER: The R & Rs (Docket Nos. 1155 & 1157 ) are hereby ACCEPTED and APPROVED. The Court hereby FINDS that Defendants have complied with the following sections of the Exit Plan: III.E, III.F, III.G, IV.A, IV.B, IV.C, IV.D, IV.F, V.A, and VI.D. Signed by Chief Judge Kevin H. Sharp on 12/14/15. (xc:Pro se party via email.)(DOCKET TEXT SUMMARY ONLY−ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt) Modified on 12/15/2015 (dt). (Entered: 12/14/2015)

Case: 3:95-cv-1227 As of: 10/10/2017 07:21 PM CDT 95 of 103

01/08/2016

1160

ORDER ADOPTING REPORT AND RECOMMENDATIONS: Accordingly, the Court hereby rules as follows: (1) The R & Rs (Docket Nos. 1141, 1149, & 1158) are hereby ACCEPTED and APPROVED; (2) The Court hereby FINDS that Defendants have complied with the following sections of the Exit Plan: II, III.A, III.B, III.C, IV.E, V.B, VI.B, VII.B, VIII, IX, X.A, and X.B. Signed by Chief Judge Kevin H. Sharp on 1/8/2016. (xc:Pro se party by email.)(DOCKET TEXT SUMMARY ONLY−ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(jw) Modified on 1/12/2016 (jw). (Entered: 01/08/2016)

01/12/2016 1161 Joint MOTION Joint Motion for Partial Dismissal and to Vacate Certain Injunctive Relief Based on Defendants' Completion of Sections II Through IX of the Exit Plan by Tennessee, State of. (Attachments: # 1 Exhibit proposed Agreed Order)(Lakey, Jonathan) (Entered: 01/12/2016)

01/15/2016

1162

ORDER granting 1161 Motion. Pursuant to Paragraphs 2 and 8 of the Agreed Order approving the Exit Plan, all outstanding injunctive relief heretofore entered in this case is hereby VACATED except for the injunctive relief that applies to GVDC and any class member residing therein while they reside therein. Pursuant to paragraphs 2 and 8 of the Agreed Order approving the Exit Plan, this case is DISMISSED WITH PREJUDICE in all respects except as to any existing orders relating to the provision of services to class members residing in GVDC. Signed by Chief Judge Kevin H. Sharp on 1/15/2016. (xc:Pro se party by email.)(DOCKET TEXT SUMMARY ONLY−ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(jw) Modified on 1/21/2016 (jw). (Entered: 01/15/2016)

01/15/2016

1163

ORDER: As scheduled during the settlement/compliance conference on December 9, 2015, the next such conference is scheduled for Thursday, January 28, 2016, at 10:00 a.m., to be conducted telephonically and initiated by counsel for the State. Signed by Magistrate Judge Barbara D. Holmes on 1/15/2016. (xc:Pro se party by email.)(jw) Modified on 1/21/2016 (jw). (Entered: 01/15/2016)

01/28/2016

Minute Entry for proceedings held before Magistrate Judge Barbara D. Holmes: SETTLEMENT CONFERENCE held by Telephone on 1/28/2016; ORDER to enter; next conference scheduled for Monday, February 29, 2016, at 9:00 a.m., to be held telephonically. (Tape #not recorded.) (jwc) (Entered: 01/28/2016)

01/28/2016

1164

ORDER: As scheduled during the settlement/compliance conference on January 28, 2016, the next such conference is scheduled for Monday, February 29, 2016, at 9:00 a.m., to be conducted telephonically and initiated by counsel for the State. Signed by Magistrate Judge Barbara D. Holmes on 1/28/2016. (xc:Pro se party by email.)(jw) Modified on 1/29/2016 (jw). (Entered: 01/28/2016)

02/19/2016

1165

MOTION to Withdraw as Attorney by Dudley M. West by Parent−Guardian Association of Clover Bottom Developmental Center, Parent−Guardian Association of Greene Valley Developmental Center. (Attachments: # 1 Exhibit Exhibit A −− Letter from Movant to PGA representatives, # 2 Attachment Proposed Order Granting Motion to Withdraw)(West, Dudley) (Entered: 02/19/2016)

02/22/2016 1166 ORDER granting 1165 Motion to Withdraw as Attorney. Attorney Dudley Mack West terminated. Signed by Chief Judge Kevin H. Sharp on 2/22/16. (xc:Pro se party by email.)(DOCKET TEXT SUMMARY ONLY−ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt) (Entered: 02/22/2016)

02/29/2016

Minute Entry for proceedings held before Magistrate Judge Barbara D. Holmes: Telephone Settlement Conference held on 2/29/2016; Next Settlement Conference to be held by telephone on Wednesday, March 30, 2016, at 9:00 a.m. (Tape #not recorded.) (jwc) (Entered: 02/29/2016)

02/29/2016

1167

ORDER: As scheduled during the settlement/compliance conference on February 29, 2016, the next such conference is scheduled for Wednesday, March 30, 2016, at 9:00 a.m. (CT), to be conducted telephonically and initiated by counsel for the State. Signed by Magistrate Judge Barbara D. Holmes on 2/29/2016. (xc:Pro se party by email.)(jw) Modified on 2/29/2016 (jw). (Entered: 02/29/2016)

03/29/2016 1168 Supplemental MOTION for Attorney Fees Joint Application for an Award of Attorneys' Fees by People First of Tennessee. (Attachments: # 1 Attachment Proposed Agreed Order)(Derryberry, Jack) (Entered: 03/29/2016)

Case: 3:95-cv-1227 As of: 10/10/2017 07:21 PM CDT 96 of 103

03/30/2016 1169 Additional Attachments to Main Document re: 1168 Supplemental MOTION for Attorney Fees Joint Application for an Award of Attorneys' Fees. (Attachments: # 1 Attachment Corrected copy of proposed agreed grating No. 1168 Joint Application for Attorney's Fees)(Derryberry, Jack) (Entered: 03/30/2016)

03/30/2016

Minute Entry for proceedings held before Magistrate Judge Barbara D. Holmes: Settlement Conference held by telephone on 3/30/2016; Next Conference scheduled for Thursday, April 28, 2016, at 11:00 a.m., Call to be initiated by the State. (Tape #not recorded.) (jwc) (Entered: 03/30/2016)

03/30/2016

1170

ORDER: As scheduled during the settlement/compliance conference on March 30, 2016, the next such conference is scheduled for Thursday, April 28, 2016, at 11:00 a.m. (CDT) to be conducted telephonically and initiated by counsel for the State. Signed by Magistrate Judge Barbara D. Holmes on 3/30/2016. (xc:Pro se party by regular and certified mail.)(jw) (Entered: 03/30/2016)

04/06/2016 1171 AGREED ORDER on Joint Application for an Award of Attorneys' Fees and Expenses to People First. Signed by Chief Judge Kevin H. Sharp on 4/6/2016. (xc:Pro se party by email notification.)(DOCKET TEXT SUMMARY ONLY−ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(jw) (Entered: 04/06/2016)

04/28/2016

Minute Entry for proceedings held before Magistrate Judge Barbara D. Holmes: Settlement Conference held on 4/28/2016. (Tape #not recorded.) (jwc) (Entered: 04/28/2016)

05/02/2016

1172

ORDER: As scheduled during the settlement/compliance conference on April 28, 2016, the next such conference is scheduled for Thursday, June 2, 2016, at 2:00 p.m. (CDT). This settlement/compliance conference shall be held in court, except that the parties may agree to a telephonic conference, in which event, they shall notify the Court, and the call shall be initiated by counsel for the State. Signed by Magistrate Judge Barbara D. Holmes on 5/2/2016. (xc:Pro se party by regular and certified mail.)(jw) (Entered: 05/02/2016)

06/02/2016

Minute Entry for proceedings held before Magistrate Judge Barbara D. Holmes: Settlement Conference held by telephone on 6/2/2016; ORDER to enter. (Tape #not recorded.) (jwc) (Entered: 06/02/2016)

06/02/2016

1173

ORDER: As scheduled during the settlement/compliance conference on June 2, 2016, the next such conference is scheduled for Friday, July 1, 2016, at 10:00 a.m. (CDT). This settlement conference shall be held telephonically and the call shall be initiated by counsel for the State. Signed by Magistrate Judge Barbara D. Holmes on 6/2/2016. (xc:Pro se party by regular and certified mail.)(jw) (Entered: 06/02/2016)

06/29/2016 1174 NOTICE by Tennessee, State of Defendants' Notice of Extending Deadline for Completion of Section X of the Exit Plan (Lakey, Jonathan) (Entered: 06/29/2016)

06/30/2016

Note to Filer re DE #1174: Pursuant to Local Rule 5.01, Certificates of Service shall identify by name the person served, what was served, the method of service, and date of service. Counsel did not include all counsel of record on the certificate of service. Please FILE a conformed Certificate of Service for this document. (jw) (Entered: 06/30/2016)

06/30/2016 1175 CERTIFICATE of Service filed by Tennessee, State of re 1174 Notice (Other) filed by Tennessee, State of. (Lakey, Jonathan) (Entered: 06/30/2016)

07/01/2016

Minute Entry for proceedings held before Magistrate Judge Barbara D. Holmes: Settlement Conference held on 7/1/2016. (Tape #not recorded.) (jwc) (Entered: 07/01/2016)

07/01/2016

1176

ORDER: Settlement Conference set for 8/4/2016 at 8:30 AM before Magistrate Judge Barbara D. Holmes. Signed by Magistrate Judge Barbara D. Holmes on 7/1/2016. (xc:Pro se party by regular and certified mail.)(DOCKET TEXT SUMMARY ONLY−ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(jw) (Entered: 07/01/2016)

08/04/2016

Minute Entry for proceedings held before Magistrate Judge Barbara D. Holmes: Settlement Conference held on 8/4/2016. (Tape #not recorded.) (jwc) (Entered: 08/08/2016)

Case: 3:95-cv-1227 As of: 10/10/2017 07:21 PM CDT 97 of 103

08/08/2016

1177

ORDER: As scheduled during the settlement/compliance conference on August 4, 2016, the next such conference is scheduled for Tuesday, September 13, 2016, at 10:00 a.m. (CDT). This settlement conference shall be held telephonically, except that the parties may agree for the settlement conference to be held in open court, in which event, they shall so notify the Court. Additionally, an interim telephonic conference is scheduled for Tuesday, August 30, 2016, at 10:00 a.m. (CDT), to address the status of the pending issues with respect to the specific class member discussed at the settlement conference/mediation also held on August 4, 2016. Counsel for the State shall initiate the call. Signed by Magistrate Judge Barbara D. Holmes on 8/8/2016. (xc:Pro se party by regular and certified mail.)(jw) (Entered: 08/08/2016)

08/30/2016

Minute Entry for proceedings held before Magistrate Judge Barbara D. Holmes: Settlement Conference held by telephone on 8/30/2016. (Tape #not recorded.) (jwc) (Entered: 09/06/2016)

09/06/2016 1178 ***DISREGARD*** Joint MOTION Entry of an Agreed Order by People First of Tennessee. (Attachments: # 1 Attachment Proposed Agreed Order)(Derryberry, Jack) Modified on 9/7/2016 (jw). (Entered: 09/06/2016)

09/07/2016

NOTICE to Counsel re DE 1178 : Document does not contain all electronic signatures. These document(s) shall be re−filed including electronic signatures of counsel. (jw) (Entered: 09/07/2016)

09/07/2016 1179 Joint MOTION To Approve Proposed Agreed Order by People First of Tennessee. (Attachments: # 1 Attachment Proposed Agreed Order)(Derryberry, Jack) (Entered: 09/07/2016)

09/08/2016 1180 AGREED ORDER. Signed by Chief Judge Kevin H. Sharp on 9/8/2016. (xc:Pro se party by regular and certified mail.)(DOCKET TEXT SUMMARY ONLY−ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(jw) (Entered: 09/08/2016)

09/13/2016

Minute Entry for proceedings held before Magistrate Judge Barbara D. Holmes: Settlement Conference held on 9/13/2016; Telephone Status Conference scheduled for 10−19−16 at 9:00 a.m; Continued Settlement Conference scheduled for 11/14/16 at 1:00 p.m.; ORDER to enter. (Tape #not recorded.) (jwc) (Entered: 09/15/2016)

09/16/2016

1181

ORDER: Telephone Conference set for 10/19/2016 at 9:00 AM before Magistrate Judge Barbara D. Holmes. Settlement Conference set for 11/14/2016 at 1:00 PM before Magistrate Judge Barbara D. Holmes. Status Report due by 10/7/2016. Signed by Magistrate Judge Barbara D. Holmes on 9/16/2016. (xc:Pro se party by regular and certified mail.)(DOCKET TEXT SUMMARY ONLY−ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(jw) (Entered: 09/16/2016)

10/19/2016

Minute Entry for proceedings held before Magistrate Judge Barbara D. Holmes: Settlement Conference held on 10/19/2016. (Tape #not recorded.) (jwc) (Entered: 10/19/2016)

11/08/2016

1182

ORDER: As scheduled by the Court's order of September 19, 2016 (Docket No. 1181), a compliance conference will be held on Monday, November 14, 2016, at 1:00 p.m. (Central) in Courtroom 764, U.S. Courthouse, 801 Broadway, Nashville, Tennessee. As discussed during the telephonic settlement compliance conference held on October 19, 2016, by no later than November 10, 2016, the government will provide an updated status report on the government's position on the issues/inquiries raised by the parties related to the subject class member. Signed by Magistrate Judge Barbara D. Holmes on 11/8/2016. (xc:Pro se party by regular and certified mail.)(DOCKET TEXT SUMMARY ONLY−ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(jw) (Entered: 11/08/2016)

11/10/2016 1183 NOTICE of Appearance by Alexander Stuart Rieger on behalf of All Defendants (Rieger, Alexander) (Entered: 11/10/2016)

11/14/2016

BAR STATUS of Attorney Alexander Stuart Rieger of TN verified as active as of this date. (jw) (Entered: 11/14/2016)

11/14/2016

Note to Filer re DE #1183: Pursuant to Local Rule 5.01, Certificates of Service shall identify by name the person served, what was served, the method of service, and date of service. Counsel did not include all counsel of record on the certificate of service.

Case: 3:95-cv-1227 As of: 10/10/2017 07:21 PM CDT 98 of 103

Please FILE a conformed Certificate of Service for this document. (jw) (Entered: 11/14/2016)

11/14/2016

Minute Entry for proceedings held before Magistrate Judge Barbara D. Holmes: Settlement Conference held on 11/14/2016; ORDER to enter. (Tape #not recorded.) (jwc) (Entered: 11/14/2016)

11/17/2016

1184

ORDER: Roger A. Woolsey in his official capacity as attorney for Greene County, Tennessee and Cameron L. Waters in his official capacity as Chief of the Newmansville Volunteer Department, are ordered to appear before the undersigned Magistrate Judge of the United District Court of the Middle District of Tennessee on Wednesday, December 14, 2016, at 1:00 p.m. (Central time) in Courtroom 764, United States Courthouse, 801 Broadway, Nashville, Tennessee, for purposes of addressing their actions in frustrating implementation of and the parties' compliance with the Court−approved Exit Plan for Greene Valley Development Center.. Signed by Magistrate Judge Barbara D. Holmes on 11/17/2016. (xc:Pro se party by regular and certified mail.)(DOCKET TEXT SUMMARY ONLY−ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(jw) (Entered: 11/17/2016)

11/22/2016

1185

ORDER: As scheduled during the compliance conference on November 14, 2016, the next compliance conference is scheduled for Wednesday, December 14, 2016, at 1:00 p.m. (Central), in Courtroom 764, U.S. Courthouse, 801 Broadway, Nashville, Tennessee. Additionally, the judicial settlement conference regarding the specific issues related to Class Member Gina M. shall resume on Wednesday, December 14, 2016, at 10:00 a.m. (Central) in Courtroom 764, U.S. Courthouse, 801 Broadway, Nashville, Tennessee, and shall continue following the compliance conference set at 1:00 p.m. Signed by Magistrate Judge Barbara D. Holmes on 11/22/2016. (xc:Pro se party by regular and certified mail.)(DOCKET TEXT SUMMARY ONLY−ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(jw) (Entered: 11/22/2016)

11/22/2016 1186 SEALED ORDER. Signed by Magistrate Judge Barbara D. Holmes on 11/22/2016. (xc:Pro se party by regular and certified mail.)(DOCKET TEXT SUMMARY ONLY−ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(jw) (Entered: 11/22/2016)

11/22/2016

1187

AMENDED NOTICE of Appearance by Julia Bratcher, Marjorie Nelle Cardwell, Clover Bottom Development Center, Bob Corker, Pete Davidson, Ben Dishman, Larry L. Durbin, Robert Erb, John Ferguson, Finance & Administration, Tennessee Department of, Greene Valley Developmental Center, Health, Tennessee Department of, Stanley Lipford, Mental Health and Mental Retardation, Tennessee Department of, Nat T. Winston Developmental Center, O. Stephen Roth, Thomas Sullivan, Don Sundquist, Tennessee, State of, Fredia S. Wadley, A. Jane Walters. Amendment to 1183 Notice of Appearance . (Rieger, Alexander) Modified on 11/23/2016 (jw). (Entered: 11/22/2016)

12/02/2016 1188 NOTICE of Appearance by Lisa M. Carson on behalf of Cameron Waters (Carson, Lisa) (Entered: 12/02/2016)

12/05/2016

State Bar status verified as active for Lisa M. Carson. (jw) (Entered: 12/05/2016)

12/14/2016

Minute Entry for proceedings held before Magistrate Judge Barbara D. Holmes: Status Conference held on 12/14/2016. (Tape #digital recording.) (jwc) (Entered: 12/15/2016)

12/14/2016

Minute Entry for proceedings held before Magistrate Judge Barbara D. Holmes: Settlement Conference held on 12/14/2016. (Tape #not recorded.) (jwc) (Entered: 12/15/2016)

12/16/2016

1189

ORDER: As scheduled during the settlement/compliance conference on December 14, the next such conference is scheduled for Wednesday, January 25, 2017, at 9:00 a.m. (Central). This settlement conference shall be held telephonically and the call shall be initiated by counsel for the State. It is FURTHER ORDERED that the settlement conference regarding Class Member G.M. shall reconvene by telephone call on Tuesday, December 20, 2016, at 9:00 a.m. (Central), and the call shall be initiated by counsel for the State. Signed by Magistrate Judge Barbara D. Holmes on 12/16/2016. (xc:Pro se party by regular and certified mail.)(DOCKET TEXT SUMMARY

Case: 3:95-cv-1227 As of: 10/10/2017 07:21 PM CDT 99 of 103

ONLY−ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(jw) (Entered: 12/16/2016)

12/20/2016

Minute Entry for proceedings held before Magistrate Judge Barbara D. Holmes: Telephone Conference Settlement Conference held on 12/20/2016. (Tape #not recorded.) (jwc) (Entered: 12/21/2016)

12/28/2016 1190 MOTION to Withdraw as Attorney by Cameron Waters. (Carson, Lisa) (Entered: 12/28/2016)

12/28/2016 1191 NOTICE by Tennessee, State of Defendants' Notice of Extending Deadline for Completion of Section X of the Exit Plan (Lakey, Jonathan) (Entered: 12/28/2016)

01/03/2017 1192 ORDER granting 1190 Motion to Withdraw as Attorney. Attorney Lisa M. Carson terminated. Signed by Chief Judge Kevin H. Sharp on 1/3/2017. (xc:Pro se party by regular and certified mail.)(DOCKET TEXT SUMMARY ONLY−ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(jw) (Entered: 01/03/2017)

01/25/2017

Minute Entry for proceedings held before Magistrate Judge Barbara D. Holmes: Settlement Conference held by telephone on 1/25/2017. (Tape #not recorded.) (jwc) (Entered: 01/25/2017)

01/25/2017

1193

ORDER: As scheduled during the settlement/compliance conference on January 25, 2017, the next such conference is scheduled for Monday, February 27, 2017, at 1:30 p.m. (Central Time). This settlement conference shall be held telephonically and the call shall be initiated by counsel for the State. Signed by Magistrate Judge Barbara D. Holmes on 1/25/2017. (xc:Pro se party by regular and certified mail.)(jw) (Entered: 01/25/2017)

02/27/2017

Minute Entry for proceedings held before Magistrate Judge Barbara D. Holmes: Settlement Conference held on 2/27/2017. (Tape #not recorded.) (jwc) (Entered: 02/28/2017)

02/28/2017

1194

ORDER: As scheduled during the settlement/compliance conference on February 27, 2017, the next such conference is scheduled for Wednesday, March 29, 2017, at 11:00 a.m. (CDT). This settlement conference shall be held telephonically and the call shall be initiated by counsel for the State. Signed by Magistrate Judge Barbara D. Holmes on 2/28/2017. (xc:Pro se party by regular and certified mail.)(jw) (Entered: 02/28/2017)

03/13/2017 1195 NOTICE of Appearance by Charles M. Robinson on behalf of Parent−Guardian Association of Clover Bottom Developmental Center, Parent−Guardian Association of Greene Valley Developmental Center (Robinson, Charles) (Entered: 03/13/2017)

03/14/2017

State Bar status verified as active for Charles M. Robinson. (jw) (Entered: 03/14/2017)

03/16/2017

1196

ORDER: Settlement Conference set for 3/29/2017 at 8:30 AM before Magistrate Judge Barbara D. Holmes. Signed by Magistrate Judge Barbara D. Holmes on 3/16/2017. (xc:Pro se party by regular and certified mail.)(DOCKET TEXT SUMMARY ONLY−ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(jw) (Entered: 03/16/2017)

03/29/2017

1197

ORDER: As scheduled during the settlement/compliance conference on March 29, 2017, the next such conference is scheduled for Tuesday May 2, 2017, at 9:00 a.m. (CDT). This settlement conference shall be held telephonically and the call shall be initiated by counsel for the State. Signed by Magistrate Judge Barbara D. Holmes on 3/29/2017. (xc:Pro se party by regular and certified mail.)(jw) (Entered: 03/29/2017)

03/29/2017

Minute Entry for proceedings held before Magistrate Judge Barbara D. Holmes: Settlement Conference held on 3/29/2017; ORDER to enter. (Tape #not recorded.) (jwc) (Entered: 03/29/2017)

03/30/2017

1198

NOTICE by Julia Bratcher, Clover Bottom Development Center, Ben Dishman, Larry L. Durbin, John Ferguson, Finance & Administration, Tennessee Department of, Greene Valley Developmental Center, Health, Tennessee Department of, Mental Health and Mental Retardation, Tennessee Department of, Nat T. Winston Developmental Center, Rusty Seibert, Don Sundquist, Tennessee, State of, Fredia S.

Case: 3:95-cv-1227 As of: 10/10/2017 07:21 PM CDT 100 of 103

Wadley Withdrawal of Counsel (Campbell, Martha) (Entered: 03/30/2017)

05/02/2017

1199

ORDER: As scheduled during the settlement/compliance conference on May 2, 2017, the next such conference is scheduled for Friday, June 9, 2017, at 9:30 a.m. (CDT). This settlement/compliance conference shall be held in Courtroom 764, U.S. Courthouse, 801 Broadway, Nashville, Tennessee, except that the parties may agree to a telephonic conference, in which event, they shall notify the Court, and the call shall be initiated by counsel for the State. Signed by Magistrate Judge Barbara D. Holmes on 5/2/2017. (xc:Pro se party by regular mail. ) (DOCKET TEXT SUMMARY ONLY−ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(jw) (Entered: 05/02/2017)

05/02/2017

Minute Entry for proceedings held before Magistrate Judge Barbara D. Holmes: Settlement Conference held on 5/2/2017. (Tape #not recorded.) (jwc) (Entered: 06/03/2017)

05/04/2017

Chief Judge Waverly D. Crenshaw, Jr added. Chief Judge Kevin H. Sharp no longer assigned to case due to his resignation. (af) (Entered: 05/04/2017)

06/09/2017

Minute Entry for proceedings held before Magistrate Judge Barbara D. Holmes: Settlement Conference held on 6/9/2017; ORDER to enter. (Tape #not recorded.) (jwc) (Entered: 06/09/2017)

06/09/2017

1200

ORDER: As scheduled during the settlement/compliance conference on June 6, 2017, the next such conference is scheduled for Friday, June 30, 2017, at 8:00 a.m. (CDT). This settlement/compliance conference shall be a telephonic conference, which shall be initiated by counsel for the State. Signed by Magistrate Judge Barbara D. Holmes on 6/9/2017. (xc:Pro se party by email. ) (DOCKET TEXT SUMMARY ONLY−ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(jw) (Entered: 06/12/2017)

06/27/2017

1201

REPORT AND RECOMMENDATION: Based upon the compliance meeting conducted by this Court on June 6, 2017, this Court FINDS, and hereby recommends, that good cause exists to enter an Order holding that Defendants have complied with Section X.D., Section X.E. and Section X.F. In addition, the Court specifically FINDS that Section X.C. of the Exit Plan does not include any objective and measureable criteria that were required to be satisfied by Defendants. (jw) (Entered: 06/27/2017)

06/30/2017

1202

ORDER: As scheduled during the settlement/compliance conference on June 30, 2017, the next such conference is scheduled for Thursday, July 13, 2017, at 9:00 a.m. (CDT). This settlement/compliance conference shall be a telephonic conference, and the call shall be initiated by counsel for the State. Signed by Magistrate Judge Barbara D. Holmes on 6/30/2017. (jw) (Entered: 06/30/2017)

06/30/2017

1203

REPORT AND RECOMMENDATION: Based upon the compliance meeting conducted by this Court on June 30, 2017, this Court FINDS, and hereby recommends, that good cause exist to enter an Order holding that Defendants have complied with Section X.G. of the Exit Plan. Furthermore, pursuant to the Agreed Order and based upon the Court's findings of compliance with all material provisions of Section X of the Exit Plan (in addition to this Report and Recommendation, see Report and Recommendation ECF 1141 and ECF 1201), the Court FINDS that the State now has complied with all material provisions of Section X of the Exit Plan. Signed by Magistrate Judge Barbara D. Holmes on 6/30/2017. (DOCKET TEXT SUMMARY ONLY−ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(jw) (Entered: 06/30/2017)

06/30/2017

Minute Entry for proceedings held before Magistrate Judge Barbara D. Holmes: Settlement Conference held on 6/30/2017; ORDER to enter. (Tape #not recorded.) (jwc) (Entered: 06/30/2017)

07/14/2017

1204

ORDER: As scheduled during the settlement/compliance conference on July 13, 2017, the next such conference is scheduled for Friday, August 11, 2017, at 10:00 a.m. (CDT). This settlement/compliance conference shall be held telephonically, and the call shall be initiated by counsel for the State. Signed by Magistrate Judge Barbara D. Holmes on 7/14/2017. (jw) (Entered: 07/14/2017)

Case: 3:95-cv-1227 As of: 10/10/2017 07:21 PM CDT 101 of 103

08/11/2017

Minute Entry for proceedings held before Magistrate Judge Barbara D. Holmes: Settlement Conference held on 8/11/2017. (Tape #not recorded.) (jwc) (Entered: 08/14/2017)

08/14/2017

1205

Joint MOTION to Dismiss Case with Prejudice, Joint MOTION to Vacate All Injunctive Relief by Tennessee, State of. (Attachments: # 1 Exhibit Exhibit A−−[proposed] Agreed Order Granting Joint Motion To Vacate All Outstanding Injunctive Relief and Dismissing Case with Prejudice)(Lakey, Jonathan) (Entered: 08/14/2017)

08/14/2017

1206

ORDER: Pending before the Court are two Reports and Recommendations of the Magistrate Judge (Doc. Nos. 1201, 1203), to which no party filed timely objections. The Court has reviewed the Reports and Recommendations and conducted a de novo review of the record. The Reports and Recommendations are ADOPTED. Signed by Chief Judge Waverly D. Crenshaw, Jr on 8/14/2017. (DOCKET TEXT SUMMARY ONLY−ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(jw) (Entered: 08/14/2017)

08/14/2017

1207

ORDER: As scheduled during the settlement/compliance conference on August 11, 2017, the next such conference is scheduled for Monday, August 28, 2017, at 10:00 a.m. (CDT). This settlement/compliance conference shall be held telephonically, and the call shall be initiated by counsel for the State. Signed by Magistrate Judge Barbara D. Holmes on 8/14/2017. (jw) (Entered: 08/14/2017)

08/16/2017 1208 ORDER: Pending before the Court is the Joint Motion to Vacate all Outstanding Injunctive Relief and Dismissing Case with Prejudice (Doc. No. 1205). A hearing is scheduled for September 8, 2017, at 9:00 a.m. to address the motion. Signed by Chief Judge Waverly D. Crenshaw, Jr on 8/16/2017. (jw) (Entered: 08/17/2017)

08/25/2017

1209

ORDER: The parties having advised the Court that, upon the filing of the Joint Motion and scheduling of a hearing, there are no other matters requiring the undersigned Magistrate Judge's attention, the telephonic settlement/compliance conference set for August 28, 2017 is CANCELLED. Any supplemental statements in connection with or otherwise responsive to the Joint Motion shall be filed by no later than September 1, 2017. Signed by Magistrate Judge Barbara D. Holmes on 8/25/2017. (DOCKET TEXT SUMMARY ONLY−ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(jw) (Entered: 08/25/2017)

08/31/2017 1210 RESPONSE in Support re 1205 Joint MOTION to Dismiss Case with PrejudiceJoint MOTION to Vacate All Injunctive Relief filed by USA. (Geissler, R.) (Entered: 08/31/2017)

09/01/2017

1211

MEMORANDUM in Support of 1205 Joint MOTION to Dismiss Case with PrejudiceJoint MOTION to Vacate All Injunctive Relief filed by Tennessee, State of Joint Memo by People First of Tennessee, State Defendants, and Intervenors PGA. (Attachments: # 1 Exhibit 1−−Order from United States District Court Western District of Tennessee Dismissing ADC Litigation, # 2 Exhibit 2−−Clover Bottom Exit Plan, 12th adn Final Court Report)(Lakey, Jonathan) (Entered: 09/01/2017)

09/05/2017

Note to filer re DE 1210 : Pursuant to Administrative order No. 167, Section 8, electronically filed documents shall set forth the Filing Users name, address, telephone number and Board of Professional Responsibility registration number. The filers name should be typed in the space where the signature would otherwise appear preceded by the symbol s/ or inserted facsimile signature. THIS DOCUMENT SHALL BE RE−FILED. (jw) (Entered: 09/05/2017)

09/05/2017 1212 RESPONSE in Support re 1205 Joint MOTION to Dismiss Case with PrejudiceJoint MOTION to Vacate All Injunctive Relief filed by USA. (Geissler, R.) (Entered: 09/05/2017)

09/08/2017

Minute Entry for proceedings held before Chief Judge Waverly D. Crenshaw, Jr: Motion Hearing held on 9/8/2017 re 1205 Joint MOTION to Dismiss Case with PrejudiceJoint MOTION to Vacate All Injunctive Relief filed by Tennessee, State of. Attorneys present: Jack Derryberry, Judith A. Gran, Penny Arrington, Jonathan P. Lakey, Alexander Rieger and R. Jonas Geissler. Motion granted. Order to enter. (Court Reporter Lise Matthews.) (afs) (Entered: 09/08/2017)

Case: 3:95-cv-1227 As of: 10/10/2017 07:21 PM CDT 102 of 103

09/08/2017

1213

ORDER granting re 1205 Joint MOTION to Dismiss Case with Prejudice Joint MOTION to Vacate All Injunctive Relief filed by Tennessee, State of. On de novo review of the Magistrate Judge's June 30 R&R and the R&R issued on June 27, 2017 (ECF No. 1201), the Court hereby ADOPTS both. The Court FINDS that Defendants have complied with and completed all material provisions in Section X of the Exit Plan. Based on these findings and the entire record in this cause, IT IS ORDERED, ADJUDGED AND DECREED that: Pursuant to paragraphs 3 and 17 of the 2015 Agreed Order approving the Exit Plan, all remaining outstanding injunctive relief entered in this case, which previously had not been vacated, is hereby VACATED; Pursuant to paragraphs 3 and 17 of the 2015 Agreed Order approving the Exit Plan, this case is finally and forever DISMISSED WITH PREJUDICE in all respects. Signed by Chief Judge Waverly D. Crenshaw, Jr on 9/8/2017. (DOCKET TEXT SUMMARY ONLY−ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(jw) (Entered: 09/08/2017)

Case: 3:95-cv-1227 As of: 10/10/2017 07:21 PM CDT 103 of 103

 
 CASE−CLOSED,CASE−MANAGER−GRIFFIN,MEMBER−CASE−FOR−TRIAL
U.S. District Court Middle District of Tennessee (Nashville) CIVIL DOCKET FOR CASE #: 3:96−cv−01056

USA v. Tennessee, State of, et al Assigned to: Senior Judge Robert Echols Demand: $0 Lead case: 3:95−cv−01227 Member case: (View Member Case) Cause: 42:1997 Civil Rights of Institutionalized Persons Act
Plaintiff

Date Filed: 11/15/1996 Date Terminated: 03/18/2002 Jury Demand: None Nature of Suit: 444 Welfare (DISCONTINUED) Jurisdiction: U.S. Government Plaintiff

USA

represented by Aileen M. Bell Department of Justice Special Litigation Section 950 Pennsylvania Avenue, NW Washington, DC 20530 (202) 514−6255 TERMINATED: 10/01/2003 ATTORNEY TO BE NOTICED

Andrea Picciotti−Bayer U.S. Department of Justice Civil Division 601 D Street, NW P O Box 66400 Washington, DC 20004 (202) 514−6441 TERMINATED: 03/14/2001 ATTORNEY TO BE NOTICED

Darcey Kathleen Donehey Department of Justice Special Litigation Section 950 Pennsylvania Avenue, NW Washington, DC 20530 (202) 514−6255 ATTORNEY TO BE NOTICED

David R. Rocah Department of Justice Civil Rights Division 950 Pennsylvania Avenue, NW Washington, DC 20530 (202) 514−6255 TERMINATED: 10/22/2001 ATTORNEY TO BE NOTICED

Deval L. Patrick Department of Justice Civil Rights Division 950 Pennsylvania Avenue, NW Washington, DC 20530−5968 (202) 616−9510 ATTORNEY TO BE NOTICED

Janine Scott Department of Justice Civil Rights Division 950 Pennsylvania Avenue, NW Washington, DC 20530 (202) 514−6255
Case: 3:96-cv-1056 As of: 10/11/2017 11:11 AM CDT 1 of 5

TERMINATED: 06/27/2002 ATTORNEY TO BE NOTICED
Laurie Weinstein Department of Justice Civil Rights Division 950 Pennsylvania Avenue, NW Washington, DC 20530 (202) 514−6255 TERMINATED: 03/08/2000 ATTORNEY TO BE NOTICED
Michelle A. Jones Department of Justice−Civil Rights Division Special Litigation Section 950 Pennsylvania Avenue, NW Washington, DC 20530 (202) 305−3642 Fax: (202) 514−6273 Email: michelle.jones2@usdoj.gov ATTORNEY TO BE NOTICED
Nicole Porter Department of Justice Special Litigation Section 950 Pennsylvania Avenue, NW Washington, DC 20530 (202) 514−6255 TERMINATED: 05/21/2004 ATTORNEY TO BE NOTICED
R. Jonas Geissler Department of Justice Special Litigation Section 950 Pennsylvania Avenue, NW Washington, DC 20530 (202) 514−6255 Email: jonas.geissler@usdoj.gov ATTORNEY TO BE NOTICED
Robert C. Bowman Department of Justice Civil Rights Division 950 Pennsylvania Avenue, NW Washington, DC 20530 (202) 514−6255 TERMINATED: 07/06/1998 ATTORNEY TO BE NOTICED
Robert C. Watson unknown address ATTORNEY TO BE NOTICED
Robinsue Frohboese Department of Justice Civil Rights Division 950 Pennsylvania Avenue, NW Washington, DC 20530 (202) 514−6255 ATTORNEY TO BE NOTICED
Samantha Kay Trepel Department of Justice−Civil Rights Division
Case: 3:96-cv-1056 As of: 10/11/2017 11:11 AM CDT 2 of 5

Special Litigation Section 950 Pennsylvania Avenue, NW Washington, DC 20530 (202) 305−3204 Email: samantha.trepel@usdoj.gov ATTORNEY TO BE NOTICED
Shelley R. Jackson U.S. Department of Justice Civil Division 601 D Street, NW P O Box 66400 Washington, DC 20004 (202) 514−6441 TERMINATED: 10/02/2000 ATTORNEY TO BE NOTICED
Steven H. Rosenbaum Department of Justice Civil Rights Division 950 Pennsylvania Avenue, NW Washington, DC 20530 (202) 514−6255 ATTORNEY TO BE NOTICED
Todd Schneider Department of Justice Special Litigation Section 950 Pennsylvania Avenue, NW Washington, DC 20530 (202) 514−6255 Email: todd.j.schneider@usdoj.gov ATTORNEY TO BE NOTICED
Wendy Hildreth Goggin Office of the United States Attorney 110 Ninth Avenue, S Suite A961 Nashville, TN 37203−3870 (615) 736−5151 TERMINATED: 03/03/2003 ATTORNEY TO BE NOTICED
V.
Defendant
Tennessee, State of
Defendant
Donald Sundquist Governor of the State of Tennessee
Defendant
John Ferguson Commissioner, TN Department of Finance and Administration
Defendant
Marjorie Nell Cardwell Commissioner, TN Department of Mental Health and Mental Retardation
Case: 3:96-cv-1056 As of: 10/11/2017 11:11 AM CDT 3 of 5

Defendant
A. Jane Walters Dr., Commissioner, TN Department of Education
Defendant
Stanley Lipford Superintendent, Nat T. Winston Developmental Center
Defendant
O. Stephen Roth Superintendent, Clover Bottom Developmental Center
Defendant
Robert Erb Superintendent, Greene Valley Developmental Center

Date Filed # Docket Text

11/15/1996 1 COMPLAINT (NO Summons(es) issued) (af) (Entered: 11/18/1996)

11/15/1996

2 NOTICE of Initial Case Management Conference Case referred to Magistrate Judge William J. Haynes Jr. , Case Management Conference set for 10:00 1/2/97 (af) (Entered: 11/18/1996)

11/15/1996

3 MOTION & MEMORANDUM by pltf USA to consolidate cases 3:96−1056 w/ 3:95−1227 w/ att'd copy of Settlement Agreement in Case No. 3:95−1227 (af) (Entered: 11/18/1996)

11/25/1996

4 ORDER by Magistrate Judge William J. Haynes Jr.: Case Management Conference is reset for 9:00 on 2/14/97. EOD 11/25/96 (cc: all counsel) (gi) (Entered: 11/25/1996)

12/02/1996

5 ORDER by Judge Robert L. Echols granting motion to consolidate case 3:96−1056 w/ 3:95−1227 [3−1]. EOD 12/2/96 (cc: all counsel) (gi) (Entered: 12/02/1996)

04/19/1999

ATTORNEY APPEARANCE for pltf USA by Shelley R. Jackson filed in lead case 3:95−1227 [264−1] (jb) Modified on 04/19/1999 (Entered: 04/19/1999)

03/07/2000

NOTICE OF APPEAL by Comm Rehab of TN filed in lead case 3:95−1227 (af) (Entered: 03/13/2000)

03/24/2000

NOTICE by pltf USA of filing of consultants' Selected Findings and Recommendations (attached) (mg) (Entered: 03/27/2000)

10/02/2000

ORDER by Judge William J. Haynes Jr. withdrawing attorney Shelley R. Jackson for USA (Order docketed in lead case 3:95−1227 DE#432) (cc: all counsel) EOD 10/2/00 (mg) Modified on 10/03/2000 (Entered: 10/02/2000)

02/08/2002

7 MANDATE issued 10/10/91 from 6th CCA affirming the decision of the District Court [0−1] filed 8/8/01 (mg) (Entered: 02/11/2002)

02/11/2002

ATTORNEY APPEARANCE for pltf USA by Janine Scott per notice [627−1] in lead case 3:95−1227. (rls) (Entered: 02/13/2002)

04/22/2003

ATTORNEY APPEARANCE for pltf USA by Todd Schneider filed in lead case #3:95−1227 (km) (Entered: 04/22/2003)

03/23/2004

ATTORNEY APPEARANCE for pltf USA by R. Jonas Geissler filed in lead case 3:95−1227 (km) Modified on 03/24/2004 (Entered: 03/24/2004)

12/29/2009

8 NOTICE of Appearance by Samantha Kay Trepel on behalf of USA (Trepel, Samantha) (Entered: 12/29/2009)

Case: 3:96-cv-1056 As of: 10/11/2017 11:11 AM CDT 4 of 5

01/04/2010 01/04/2010 12/30/2010 01/06/2011

Bar status for attorney Samantha Trepel, NY verified as active this date. (km) (Entered: 01/04/2010)
Note to Filer Samantha Trepel re DE #8: All pleadings should be filed in the lead case 3:95cv1227. This document needs to be re−filed.(km) (Entered: 01/04/2010)
9 NOTICE of Appearance by Michelle A. Jones on behalf of USA (Jones, Michelle) (Entered: 12/30/2010)
Note to filer re 9 : This document has been scanned. Documents generated from a word processor (Word of WordPerfect) should NOT be scanned, but rather printed directly to PDF via a PDF writer. Future scanned pleadings of this nature may require refiling. (rd) (Entered: 01/06/2011)

Case: 3:96-cv-1056 As of: 10/11/2017 11:11 AM CDT 5 of 5

 
 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION
PEOPLE FIRST OF TENNESSEE, ÊLâi·,

RECEIVED Ci£RK'S OFFICF
151996

Plaintiffs,

v.
CLOVER BOTTOM DEVELOPMENTAL CENTER, etal..

No. 3:95-1227 Judge Echols Magistrate Haynes

Defendants.

ORDER

This matter comes before the Court on plaintiffs' motion for leave to amend the

Complaint. The Court, having considered the motion, concludes that it is well-taken and will be

granted.
Ji7- A NOW, THEREFORE, on this

day of

1996,

IT IS BY THE COURT ORDERED that plaintiffs' Motion to Amend the Complaint is

hereby GRANTED, and that plaintiffs will be permitted to amend the Complaint as set forth in

that motion.

• m mm m • • • • • • m
MR-TN-0002-0004

5norable Robert L. Echols United States District Judge

 
 260 F.3d 587 (2001)
UNITED STATES of America, Plaintiff-Appellee, Community Rehabilitation Agencies of Tennessee, Inc., Proposed Intervenor-Appellant,
People First of Tennessee, Intervenor-Appellee, v.
State of TENNESSEE, Defendant-Appellee. People First of Tennessee, on behalf of its members; Bonnie Chaffee, by her next friend, Crystal Goodman; Dowell Harris, by his next friend, Rocky Akin; Effie Estelle Pippin, by
her next friend, Frances Hamblen; Sandra Jo Proctor, by her next friend, Evelyn McCormack; Cynthia Dawn Sommerville, by her parents and natural guardians, Jeff and Kathy Sommerville; Kevin Troupe, by his next friend, Charles Hall; Juanita Wright, by her
next friend, William A. Goodman, Jr., Mary Ann Avery, by her next friend, Jason Elam; Audriniece Hollister, by her next friend, Ethyl Ervie; Kenneth Lee; Eddie Jones; Larry
Wayne Vaughn; Charles Wilhoite; Carolyn Britt; Rebecca Workman; Jenny Belle Greenwood; David Balthrop; Terry Beaty; United States of America, Plaintiffs-Appellees,
v. Clover Bottom Developmental Center; Don Sundquist, in his official capacity as Governor
of the State of Tennessee; Julie Bratcher, in her official capacity as Superintendent of Clover Bottom Developmental Center; Tennessee Department of Mental Health and Mental
Retardation; Tennessee Department of Health; Rusty Seibert, in his official capacity as Assistant Commissioner of TennCare; Comcare, Inc.; Fredia S. Wadley, M.D., in her
official capacity as Commissioner of Health; Greene Valley Developmental Center; Nat T. Winston Developmental Center; O. Stephen Roth, in his official capacity as
Superintendent of Clover Bottom Developmental Center; Robert Erb, in his official capacity as Superintendent of the Greene Valley Developmental Center; Pete Davidson; Ben Dishman; Thomas Sullivan; John Ferguson, in his official capacity as Commissioner
of Finance and Administration, Defendants-Appellees, Community Rehabilitation Agencies of Tennessee (CMRA), Proposed Intervenor-
Appellant.
Nos. 00-5342, 00-6514
United States Court of Appeals, Sixth Circuit.
Argued: April 27, 2001. Decided and Filed: August 8, 2001. Rehearing Denied October 1, 2001.
58990 *589 *590 ARGUED: William M. Barrick, WEED, HUBBARD, BERRY & DOUGHTY, Nashville, Tennessee, for Appellants.
Judith A. Gran, PUBLIC INTEREST LAW CENTER OF PHILADELPHIA, Philadelphia, Pennsylvania, Dianne Stamey Dycus, OFFICE OF THE ATTORNEY GENERAL, Nashville, Tennessee, Kevin K. Russell, UNITED STATES DEPARTMENT OF JUSTICE, CIVIL RIGHTS DIVISION, Washington, D.C., for Appellees.
ON BRIEF: William M. Barrick, William B. Hubbard, WEED, HUBBARD, BERRY & DOUGHTY, Nashville, Tennessee, for Appellants.

Judith A. Gran, PUBLIC INTEREST LAW CENTER OF PHILADELPHIA, Philadelphia, Pennsylvania, Dianne Stamey Dycus, OFFICE OF THE ATTORNEY GENERAL, Nashville, Tennessee, Kevin K. Russell, Mark L. Gross, Lisa Wilson Edwards, UNITED STATES DEPARTMENT OF JUSTICE, CIVIL RIGHTS DIVISION, Washington, D.C., Jack W. Derryberry, Jr., WARD, DERRYBERRY & THOMPSON, Nashville, Tennessee, for Appellees.
Before: NELSON and BATCHELDER, Circuit Judges; FEIKENS, District Judge.[*]
Rehearing En Banc Denied October 1, 2001
Pursuant to Sixth Circuit Rule 206
OPINION
FEIKENS, District Judge.
The above captioned cases have been consolidated for purposes of this appeal. Community Rehabilitation Agencies of Tennessee (CMRA) appeals the decisions of the two district courts that denied its petitions to intervene as a matter of right pursuant to Federal Rule of Civil Procedure 24(a). Because CMRA's petitions are untimely and it has not advanced any substantial right to intervene, its appeals are denied.
591 *591 I. BACKGROUND
CMRA is an association of nonprofit agencies that provide services to retarded persons and those with mental disabilities in community placements. These services include case management, residential medical support, supported living, transportation, day services, and other services. CMRA represents the interests of the community-based service provider industry in legislative, executive, and judicial matters. CMRA has 75 members, including most of the community agencies in the State of Tennessee. The vast majority of these community agencies is nonprofit, formed in local communities, and receives funding from the State and federal government.
CMRA appeals the decisions of Judge Robert L. Echols in People First of Tennessee v. Clover Bottom Developmental Center and Judge Jon P. McCalla in United States v. State of Tennessee, that denied its motions to intervene in the present litigation.[1] The two cases have been consolidated for purposes of this appeal. The underlying lawsuits were brought by the United States and private plaintiffs against the State of Tennessee regarding the operation of its mental health system. In each case, CMRA alleged in its petition that the State of Tennessee had violated the constitutional and statutory rights of individuals who are mentally retarded and developmentally disabled. It attempted to intervene as of right and permissively in both cases pursuant to Federal Rule of Civil Procedure 24(a) and 24(b). CMRA only appeals the decisions that denied them the ability to intervene as of right pursuant to Federal Rule of Civil Procedure 24(a).
We will rely on the ample factual background provided in previous opinions in these two cases to describe the events leading up to CMRA's attempt to intervene. See United States v. State of Tennessee, 181 F.3d 105 (Table), 1999 WL 357785 (6th Cir.1999); People First of Tenn. v. Arlington Developmental Ctr., 145 F.3d 1332 (Table), 1998 WL 246146 (6th Cir.1998); United States v. State of Tennessee, 925 F.Supp. 1292 (W.D.Tenn. 1995); People First of Tenn. v. Arlington Developmental Ctr., 878 F.Supp. 97 (W.D.Tenn.1992).
II. ANALYSIS
CMRA contends that it was improperly denied the right to intervene in the two cases pursuant to Federal Rule of Civil Procedure 24(a). Under Federal Rule of Civil Procedure 24(a), an outsider may intervene as of right:
Upon timely application anyone shall be permitted to intervene in an action ... when the applicant claims an interest relating to the property or transaction which is the subject of the action and the

applicant is so situated that the disposition of the action may as practical matter impair or impede the applicant's ability to protect that interest, unless the applicant's interest is adequately represented by existing parties.
The criteria that must be satisfied before intervention as of right will be granted are: (1) timeliness of the application to intervene, (2) the applicant's substantial legal interest in the case, (3) impairment of the applicant's 592 ability to protect that interest in the absence of intervention, and (4) inadequate representation of that interest *592 by parties already before the court. See Michigan State AFL-CIO v. Miller, 103 F.3d 1240, 1245 (6th Cir.1997).
A district court's denial of intervention as of right is reviewed de novo, except for the timeliness element, which is reviewed for an abuse of discretion. See Grutter v. Bollinger, 188 F.3d 394, 398 (6th Cir.1999) (citing Jansen v. City of Cincinnati, 904 F.2d 336, 340 (6th Cir.1990)).
A.Timeliness
CMRA contends that now is the appropriate time to intervene and that it filed its motions timely because it learned shortly prior to bringing its motions that its interests were not being represented by the existing parties. We have identified several factors to be established in determining whether a request for intervention is timely:
(1) the point to which the suit has progressed; (2) the purpose for which intervention is sought; (3) the length of time preceding the application during which the proposed intervenor knew or reasonably should have known of his interest in the case; (4) the prejudice to the original parties due to the proposed intervenor's failure, after he or she knew or reasonably should have known of his interest in the case, to apply promptly for intervention; and (5) the existence of unusual circumstances militating against or in favor of intervention.
Grubbs v. Norris, 870 F.2d 343, 345 (6th Cir.1989). "The determination of whether a motion to intervene is timely should be evaluated in the context of all relevant circumstances." Jansen, 904 F.2d at 340. We will find an abuse of discretion only when left with the "definite and firm conviction that the court ... committed a clear error of judgment in the conclusion it reached upon a weighing of the relevant factors" or where it "improperly applies the law or uses an erroneous legal standard." Huey v. Stine, 230 F.3d 226, 228 (6th Cir.2000) (citations and internal quotations omitted).
1. Stage of the Proceeding
CMRA contends that the district judges abused their discretion when they denied the motions to intervene. CMRA argues it did not become aware of its independent interest to intervene until the implementation of the settlement agreements required its members to provide community-based services to individuals without a guarantee of sufficient payment by the State of Tennessee. CMRA cites to Grubbs and Linton v. Commissioner, 973 F.2d 1311 (6th Cir.1992), for the proposition that intervenors can timely appeal during the remedial stages of a consent decree. See Grubbs supra; Linton, supra.
We have recently stated that the time of intervention is not the determining factor but rather that "all circumstances" must be examined to determine the substantive progress that has occurred in the litigation. See Stupak-Thrall v. Glickman, 226 F.3d 467, 475 (6th Cir.2000) ("The propriety of intervention in any given case, however, must be measured under `all circumstances' of that particular case.") (citing NAACP v. New York, 413 U.S. 345, 366, 93 S.Ct. 2591, 2603, 37 L.Ed.2d 648 (1973)). If the litigation has "made extensive progress in the district court before the appellants moved to intervene" then this factor weighs against intervention. Id.
In these cases, there was very little for either district judge to do when CMRA filed its petitions for intervention. In People First, Judge Echols had conditionally approved the initial settlement; the parties had prepared the 593 Community Development Plan required by him. He had approved this plan, and the motion for *593 final approval of the settlement was already pending before him. In United States v. Tennessee, Judge McCalla had approved several remedial orders to bring the mental health system into compliance with the Civil Rights of Institutionalized

Persons Act (42 U.S.C. § 1997) and had approved the Community Plan. All substantive issues had been resolved by both judges at the time of CMRA's filing for intervention and all that was required was final approval by the judges. This factor weighs strongly against allowing intervention by CMRA. See Stupak-Thrall, 226 F.3d at 475.

2. Purpose of the Intervention

CMRA states that it simply requests the opportunity to be an active party in future remedial proceedings. CMRA would like the opportunity to participate in the implementation of the settlement agreements, to advocate and protect the regulatory and economic interests of community providers and to assure that sufficient other resources are provided in the community in a timely manner so that individuals receive timely and appropriate services. CMRA contends that throughout the remedial phase the courts and the parties will address matters which will directly implicate the scope, quality, timing and funding of services to be performed by CMRA members.
In People First, Judge Echols found that this argument did not state an adequate "purpose for the intervention." He stated, "Because it is the State's responsibility to assure that `resources are provided in the community' and `individuals receive timely and appropriate services,' intervention by CMRA would not accomplish these aims. Finally, should CMRA hope, through intervention, to obtain higher rates and fewer obligations for community providers, this forum is not the appropriate forum to seek such relief."
In United States v. State of Tennessee, Judge McCalla held that "These stated purposes do not rise to the level requiring intervention." He held that, "The State of Tennessee is responsible for ensuring that these interests are protected and CMRA agencies are already participating in the implementation of the Remedial Order by providing services to the class members."
The interests asserted by CMRA for seeking intervention are not compelling. This factor also weighs against a finding of timely intervention.

3. The length of time preceding the application during which the Applicant knew or should have known of its interest in the case.

CMRA admits it knew of the litigation in both cases at all stages and it also knew that its members had an interest in the outcome of the litigation. It contends that it believed that the existing parties to the two cases adequately represented its interest initially, and thus, it was not required to intervene in the lawsuits. It now claims that it only recently became apparent that these parties were not adequately representing its interest.

In People First, Judge Echols found that CMRA knew of the litigation at all stages and did not attempt to intervene when it knew that the interests of the community providers were affected by the litigation and proposed settlement agreement. He stated:

It is undisputed that CMRA has been aware of the lawsuits, the time-consuming negotiations

between the parties and interest groups, the disputed issues concerning the types, quality,

594

location, and accessibility of the proposed community *594 health care services, along with the

critical role of the community health care providers in providing these services to the State of

Tennessee for the benefit of the Plaintiffs. Investigations, reports, judicial settlement conferences,

and hearings have been conducted.

He held that this factor weighed against allowing intervention.

In United States v. State of Tennessee, Judge McCalla also found that this factor weighed against allowing CMRA to intervene. He stated:

CMRA's interest developed, at the latest date, when the Community Plan was entered, which was in 1997. The fiscal crisis of the State and other referenced broken promises of the State do not

change the fact that CMRA's interests, even broadly construed, were apparent, at the latest date, when the Community Plan went into effect.
He held that CMRA waited too long before intervening.
We agree with the decisions of the district courts. An entity that is aware that its interests may be impaired by the outcome of the litigation is obligated to seek intervention as soon as it is reasonably apparent that it is entitled to intervene. See NAACP v. New York, 413 U.S. at 367, 93 S.Ct. at 2604; Cuyahoga Valley Ry. Co. v. Tracy, 6 F.3d 389, 396 (6th Cir.1993); Stotts v. Memphis Fire Dep't, 679 F.2d 579, 584 & n. 3 (6th Cir.1982) (applicants "should have attempted to intervene when they first became aware of the action, rather than adopting a `wait-and-see' approach"). Given that the settlement agreements specifically address training and the delivery of services in the community, "it would not have required unusual prescience on the part of the intervenors to recognize that their interests were implicated" when the decree was first proposed. Cuyahoga Valley Ry. Co., 6 F.3d at 396. This factor weighs against timely intervention by CMRA.
4. Prejudice to the Parties
CMRA claims that there is no prejudice to the parties because CMRA does not dispute any issues in the present settlement agreements. The district judges concluded that allowing intervention at this late stage of the proceeding would add a complicated issue to the litigation. They held that the issues raised by CMRA went beyond the scope of the suit's initial focus on the constitutional issue and statutory rights of developmentally disabled residents of state facilities and would require considerable time and expense unnecessary in light of CMRA's access to other fora for resolution of its concern. While CMRA has agreed not to dispute the terms of the settlement agreements, it has not made the same promise as to the remedial plans, the drafting of which involved the participation of more than 2100 stakeholders over many months. There is a risk, to the extent CMRA seeks to intervene to discuss reimbursement rates, payment methodologies, or any other items on its list of grievances, that prejudice against the other parties will occur; such attempts may force the parties into collateral litigation over economic issues in cases that have already settled the merits of plaintiffs' claims. See Bradley v. Milliken, 828 F.2d 1186, 1194 (6th Cir.1987). This factor also weighs against CMRA's intervention.
5. Unusual Circumstances
In People First, CMRA admits that there are no unusual circumstances supporting intervention. In United States v. Tennessee CMRA contends there are unusual circumstances because of the pending appeals and active 595 proceedings concerning compliance with the district court's orders. However, nothing in these *595 proceedings has any effect on CMRA directly. The State of Tennessee, not the CMRA, is ultimately responsible for the funding of its mental health system to comply with the United States Constitution, federal statutes, and the courts' orders.
CMRA has not shown that any of the factors that determine timeliness of intervention weigh in favor of allowing it to intervene this late in either lawsuit. Therefore, we are left with a "definite and firm conviction that the courts ... did not commit a clear error of judgment." Huey, 230 F.3d at 228.
B. Whether CMRA has a substantial legal interest in the subject matter of the pending litigation, which may be impaired.
CMRA claims that it has a substantial interest in this litigation because of its economic interest in how community service programs are funded and because of the lock-in procedure established in the settlement agreements that affect how community-based services are provided. We have held, that:
[I]n this circuit we subscribe to a "rather expansive notion of the interest sufficient to invoke intervention of right." Michigan State AFL-CIO v. Miller, 103 F.3d 1240, 1245 (6th Cir.1997). For example, an intervenor need not have the same standing necessary to initiate a lawsuit. See id.; Purnell v. City of Akron, 925 F.2d 941, 948 (6th Cir.1991). We have also "cited with approval

decisions of other courts `rejecting the notion that Rule 24(a)(2) requires a specific legal or equitable interest.'" Miller, 103 F.3d at 1245 (quoting Purnell, 925 F.2d at 948). "The inquiry into the substantiality of the claimed interest is necessarily fact specific." Id.
Grutter v. Bollinger, 188 F.3d 394, 398 (6th Cir.1999). We review the decisions of the district courts de novo to determine whether they properly held that CMRA did not establish a substantial interest in the litigation. See Stupak-Thrall, 226 F.3d at 471.
First, CMRA points to its economic interest in assuring adequate funding for implementation of the settlement agreements and its contractual rights in agreements with the State to provide community-based services. The parties to these lawsuits have entered into consent decrees aimed at guaranteeing that Tennessee provide at least the minimum level of care to developmentally disabled individuals required by federal law. CMRA does not challenge the terms of these agreements or contend that they fall below what federal law requires. CMRA is only concerned with the level of funding provided by the State to community-based service providers. CMRA's claimed interest does not concern the constitutional and statutory violations alleged in the litigation, but rather how much its members get paid for providing services. CMRA has an interest in the economic component of the settlement but the consent decrees obligate the State, not CMRA, to fund community services adequately. By the terms of the settlement agreements, it is the responsibility of the State of Tennessee to provide adequate and appropriate community services to members of the plaintiff class. Implementation of the settlement agreement does not alter CMRA's economic interests with the State to provide support and services to the class members nor its ability to negotiate the terms of these contracts. Further, as found by both district court judges, CMRA can protect its economic interests in contract negotiations with the State by lobbying the legislative and executive 596 branches for favorable funding *596 arrangements, and in state courts by suing to enforce its contractual rights.
Second, CMRA claims to have a sufficient interest in the litigation because of the lock-in provision in the Provider Agreement. The Provider Agreement provision at issue states:
Once a Contractor is serving a person on the supported living medical, supported living enhanced or supported living behavioral rates, the Contractor must continue to provide services and may not discharge or deny services to that person without permission of the State pursuant to TCA 33-1-202(c).
Provider Agreement ¶ E.17. CMRA relies on this court's decision in Linton v. Commissioner of Health and Environment, 30 F.3d 55 (6th Cir.1994), where we held that intervention was appropriate because individual nursing homes had a substantial interest in a suit involving a State plan to remedy violations of the Medicaid Act. In Linton, contracts between the State and nursing homes contained a lock-in provision that prohibited providers from opting out of the State's Medicaid system until the last patient voluntarily left the nursing home. Id. at 1315-16. This provision effectively precluded the nursing homes from terminating their membership in Medicaid. Id. at 1317. We reversed the district court in Linton and held that the effect of the lock-in violated the contractual and statutory rights of nursing homes and gave the nursing homes a substantial interest in the litigation to justify intervention. Id. at 1315-16, 1319.
In People First and the United States v. State of Tennessee, the district judges held that the lock-in provision in their cases did not have the same effect as in Linton and did not justify a substantial interest in this case to allow intervention. First, the agreements in these cases allow the service provider to petition the State to terminate or modify services to the mentally retarded or those with mental disabilities, and thereby do not create a permanent obligation as is the case in Linton. Second, the lock-in provision in the cases before us does not establish an indefinite obligation on service providers to contract with the State as in Linton. Third, the community-based service providers voluntarily entered into contracts with the State and remain free to renegotiate all aspects of its contracts with the State of Tennessee.
CMRA's economic interest and its interest in the lock-in provision do not reach the level of requisite substantial interest required to intervene.

III. CONCLUSION
CMRA has not satisfied the requirements to intervene as of right because it was not timely in bringing its motions and did not establish an adequate substantial interest in either lawsuit. Because it has not established these necessary elements, we do not analyze the claims of impairment of the applicant's ability to protect its interest in the absence of intervention, and whether CMRA's interest is inadequately represented by the parties already before the court. See Michigan State AFL-CIO, 103 F.3d at 1245.
The judgments of the district courts are AFFIRMED.
[*] The Honorable John Feikens, United States District Judge for the Eastern District of Michigan, sitting by designation.
[1] In People First, Judge Echols held that CMRA did not timely file its motion to intervene and, even if it had, the organization has no substantial interest in the litigation. In United States v. Tennessee, Judge McCalla held that CMRA lacked a substantial interest in the litigation, and in the alternative, held that the organization had not timely filed its motion to intervene. For purposes of this appeal this distinction makes little difference.
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