>. . r . • •

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND

MARY HUNT, et al.

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Plaintiffs

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v«

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C i v i l Action No. PJM-91-2564

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LOIS MESZAROS, e t a l .

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Hunt v. Meszaros

Defendants.

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IIIIIJ 111 I Ml 11 II II Illllllllllllllll

AMENDED COMPLAINTv ||||||||| |||| 11 || || |||||||||||||||||

I. INTRODUCTION

MR-MD-002-001

1. Plaintiffs, persons with developmental disabilities

confined by the State of Maryland in the Great Oaks Center in

Silver Spring, Maryland, have been severely physically and

emotionally injured and continue to be at risk of such injury.

In this action, plaintiffs seek to enforce their constitutional

"right to protection while in [state] custody" enunciated by this

Court in L.J. Bv And Through Parr v. Massinaa. 699 F.Supp. 508,

538 (D.Md. 1987) (Howard, J . ) , aff'd. 838 F.2d 118 (4th Cir.

( 1988), cert, denied. 481 U.S. 1018 (1989) . Like the plaintiffs

in L.J., the plaintiffs here face unnecessary and intolerable

threats to their lives, health and safety while in state custody.

2. Great Oaks Center is a dangerous place to live. While

in the Great Oaks Center plaintiffs have been and continue to be

subjected to injury, abuse, neglect, and unnecessary physical

restraints. They have been denied necessary medical care, as

well as habilitative training and services needed to prevent

their deterioration.

3. Plaintiffs bring this action on behalf of themselves and

all others similarly situated for declaratory and injunctive

relief to redress the hazardous unconstitutional and illegal

conditions imposed by defendants under color of state law on

^•' • * persons with developmental disabilities who are confined and

segregated in Great Oaks Center. Plaintiffs seek, inter alia, to

enforce the federal constitutional and statutory rights of the

residents of Great Oaks Center to protection from bodily harm and other serious injury, to freedom from bodily restraint, to training needed to prevent their deterioration, to implementation of the judgments of their treating professionals that they should be transferred from Great Oaks Center into services in the community, and to nondiscrimination in programs and activities receiving federal financial assistance.
II. JURISDICTION 4. This action is brought under 42 U.S.C. § 1983 to remedy violations of the laws and constitution of the United States. Appropriate declaratory and injunctive relief is authorized pursuant to 28 U.S.C. §§ 2201 and 2202. 5. This Court has subject matter jurisdiction over this action pursuant to 28 U.S.C. §§ 1331 and 1343. 6. Plaintiffs have no adequate remedy at law to address the deprivations of federal statutory and constitutional rights. .. They will continue to suffer irreparable harm from defendants' illegal actions unless injunctive relief is issued.
III. CLASS ACTION ALLEGATIONS 7. Approximately 250 persons with developmental disabilities are confined and segregated at the Great Oaks Center. 8. Plaintiffs bring this action on their own behalf and on behalf of a class of all persons now or who in the future may be confined at Great Oaks Center, including persons transferred after the filing of this action from Great Oaks Center into

^ residential settings that do not protect their rights under

federal law.

9. Class certification is proper under Rule 23 of the

Federal Rules of Civil Procedure because (a) the class is so

numerous as to make joinder of all members impracticable, (b) . *

there are substantial questions of law and fact common to the claims of the class, (c) the claims of the plaintiffs are typical of the class, (d) the named plaintiffs and their counsel will adequately and fairly represent the interests of the class and

(e) defendants have acted on grounds generally applicable to the

class, thereby making appropriate final injunctive and

declaratory relief with respect to the class as a whole.

10. The undersigned attorneys of the Maryland Disability

A

r Law Center, the Mental Health Law Project, and the American Civil

Liberties Union of Maryland are experienced in handling federal

litigation of this nature. In addition, the Maryland Disability

Law Center has been designated by the Governor to be the

Protection and Advocacy system for persons with developmental disabilities within this state and thus is charged with the responsibility for pursuing "legal, administrative and other appropriate remedies or approaches to ensure the protection and advocacy for, the rights of such persons..." 42 U.S.C. §

6042(a)(2)(A)(i); see also Md. Health Gen. Code Ann. § 7-1003

*(m)(3).

11. The questions of law and fact common to the claims of

the class include but are not limited to:

a. Have defendants subjected residents of Great Oaks

Center to injury, abuse and neglect, unnecessary physical

restraints, and deprived the residents of necessary medical care

and habilitative training and services needed to prevent

deterioration?

.,

b. Does confinement at Great Oaks Center violate plaintiffs1 entitlement to, inter alia, protection from bodily harm and other serious injury, freedom from bodily restraint, and training needed to prevent their deterioration?

c. Have the defendants failed to implement the judgment of treating professionals that plaintiffs should be provided services in community settings?
d. Do the defendants have an obligation under federal law to implement the judgment of treating professionals that plaintiffs should be transferred from Great Oaks Center into services in the community and to cease discriminating against plaintiffs based on their disabilities in programs and activities receiving federal assistance?
IV. PLAINTIFFS MARY HUNT 12. Mary Hunt is a 50-year-old woman who has been at Great Oaks Center since 1975. She has lived in Maryland institutions for persons with developmental disabilities since she was eight years old. Her current diagnoses include mental retardation, spastic quadriplegia, severe spastic cerebral palsy, multiple flexion contractures, gastroesophagel reflux, cataracts, and

optic atrophy. Although Ms. Hunt is non-verbal, she can communicate through vocalizations, facial expression and body movement and express pleasure, pain and sadness. She makes eye contact with people she is familiar with, and responds with smiles and laughter.
13. Ms. Hunt lives in Cottage 3 with 24 other males and females. Because of injuries she received at Great Oaks Center, she recently spent approximately one month in the Great Oaks Center infirmary where she received no habilitation services.
14. f~Ms. Hunt's medical records indicate that she requires " careful handling and positioning A Apparently denied such care, she has suffered serious injury while at Great Oaks Center. For example, in November 1990, staff noted she was suffering from / skin breakdown. On May 13, 1991, Ms. Hunt's left arm was broken. Staff noted that the fracture "seems to have been caused by improper lifting or straightening of her arm."
15. Staff have recommended that Ms. Hunt be provided a new wheelchair so that she could have greater freedom of movement; however, a new wheelchair has not been obtained for her. Ms. Hunt has also been denied recommended habilitative therapy.
16. The professional staff at Great Oaks Center, since 1983, have been of the opinion that Ms. Hunt should be placed in a community residential program. Defendants have failed to .implement the judgments of Ifer treatment professionals and Ms. Hunt remains at Great Oaks Center. She has not been placed because Maryland lacks sufficient community living arrangements,

especially those that are designed to meet the needs of persons with disabilities who need to use a wheelchair.
17. Ms. Hunt brings this action by her next friend, Cristine E. Boswell, who has been an advocate for persons with mental retardation for over 14 years. Ms. Boswell is currently the Executive Director of the Association for Retarded citizens of Maryland. In the past, she has been the Executive Director of the Denver Association for Retarded Citizens, the Associate Executive Director of the Minneapolis Association for Retarded Citizens, and on the staff of the Minnesota Department of Public Welfare1 Mental Retardation Program Office, where she helped develop community day and residential programs for persons with mental retardation.
MATROY FOSTER 18. Matroy Foster is a 71-year-old woman who has been at Great Oaks Center since 1982. Her current diagnoses include mental retardation due to head trauma, seizure disorder, and nonambulatory. She has normal hearing and vocalizes some sounds. 19. Ms. Foster has suffered serious injury while at Great Oaks Center. Apparently denied the careful lifting and positioning she needs, she has sustained several fractured bones during the past two years. Although she is non-ambulatory, her left leg was broken in February 1990. In April 1991, when Ms. ' Foster indicated she was in pain, staff discovered that her left hip was broken. In January 1991, she was admitted to the Great Oaks Center infirmary with severe dehydration, acute renal

failure and altered mental status, which resulted from staff's failure to properly feed Ms. Foster and provide her sufficient fluids.
20. While at Great Oaks Center, Ms. Foster has failed to receive necessary habilitative therapy and training consistent with professional judgment. She does not participate in community programming.
21. Ms. Foster brings this action by her next friend, Barbara Nelson, an attorney with expertise in advocacy on behalf of elders and persons with disabilities. Ms. Nelson has served as legal counsel for the United Blind of Minnesota, staff attorney for the American Council of the Blind in Washington, D.C., Assistant Staff Director of the American Bar Association's Commission on Legal Problems of the Elderly, and staff attorney for the Maryland Disability Law Center.
MICHAEL WADE 22. Michael Wade is a 30-year-old man who was been at Great Oaks Center since 1970. He has been in Maryland institutions for persons with developmental disabilities since he was 5 years old. His diagnoses include profound mental retardation, self-injurious behavior and aggression. He is ambulatory, has receptive language skills, follows simple directions, is aware of his environment, has normal hearing and good appetite, and expresses likes and dislikes. He likes to walk, eat, look at magazines, dress himself, and interact with certain staff. 23. Mr. Wade lives in Cottage 4, which is a locked building

housing 26 adult male clients. 24. To prevent him from injuring himself or others, Mr.
Wade requires both effective behavioral management and protection from assaults by other residents. (When Mr. Wade engages in self-injurious behavior, it is often following an attack on him by other residents.) Having been denied such necessary care, he has been seriously injured while at Great Oaks Center. For example, on December 12, 1990, he suffered a black eye and multiple fractures to his right upper arm and dislocation of his right shoulder. On December 18, 1990 his left arm was injured because staff allowed Mr. Wade to bang it against a wall, failing to redirect him to a more appropriate activity as required by his behavior program.
25. On January 1, 1991, his back was scratched and injured by another Great Oaks Center resident. On February 13, 1991, his back was again scratched. On March 2, 1991, he severely cut his head when he banged it on a wall and a chair. On March 23, 1991, he cut his head again when he hit his head on a wall. On May 6, 1991, he was attacked by another resident in a classroom. He then banged his head on the table and cut his forehead, on May 19, 1991, he banged his head and reopened the cut. On June 17, 1991, he banged his head, cutting his right ear and bruising his right shoulder. On July 9, 1991, he cut his right cheek and suffered swelling of his face and forehead.
26. Since at least 1985 Mr. Wade's treating professionals have recommended that he be placed in a community setting.

However, defendants have failed to implement the judgments of the

treatment professionals and Mr. Wade remains at Great oaks

Center.

27. Michael Wade brings this action by his next friend,

Mark.A. Mlawer, an advocate for people with disabilities. Mr.

Mlawer has worked for the Massachusetts Department of Mental

Health. He is currently the Executive Director of the Maryland

Coalition for Integrated Education. In that capacity, he works

on behalf of a coalition of parents of students with disabilities

and professionals who are seeking to ensure that students with

disabilities have the opportunity to be educated in their

neighborhood schools with appropriate supports and services.

TIMOTHY WADE

(

28. Timothy Wade is a 33-year-old man who was admitted to

Great Oaks Center in 1975. His current diagnoses include

prof.ound mental retardation, aggressive and self-injurious

behavior. He is non-verbal and communicates through gestures.

29. Mr. Wade lives in cottage four, which is a locked

building housing 26 adult male clients. He shares a bedroom with

several other men.

30. As a result of inadequate supervision and behavioral

management, Mr. Wade has suffered numerous physical injuries,

at Great Oaks Center. A 1986 entry in his medical record noted

that it is "clear that there is, in general, a lack [of] adequate

staff and supervision to effectively provide for the programming

needs for this man...It's essential that adequate numbers of

staff be available to provide the support for the programs

I'"' developed for this client."

31. On October 21, 1989, Mr. Wade struck his forehead on an

unused steel bedframe left in his room. Staff had noted the

existence of an unused bedframe standing in his room and

requested its removal.

32. On March 27, 1990, Mr. Wade was bitten on the forehead

by another resident. On November 18, 1990, he was bitten on his

arms and hands by another resident while asleep. The person who

bit him was a carrier of Hepatitis B. According to staff "closer

supervision would have prevented the incident."

33. On May 8, 1991, Mr. Wade received two black eyes.

Several other residents in the cottage also were found with black

eyes. Staff noted that "closer supervision must be given to

(

prevent incidents, especially at night."

34. While at Great Oaks Center, Mr. Wade became infected

with Hepatitis B.

35. The professional staff at Great Oaks Center, since

1985, have been of the opinion that Timothy Wade should be placed

in a community residential program that can provide close

supervision. However, defendants have failed to develop

sufficient appropriate community placements to implement the

judgments of the treating professionals and as a result Mr. Wade

.remains at Great Oaks Center..*,

36. Timothy Wade brings this action by his next friend, Paul

Marchand. For the past 19 years Mr. Marchand has been the

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Director of Governmental Affairs of the Association for Retarded
•%"
t •
Citizens of the United States. In this position he has advocated

for federal public policies that promote rights protection and

development of community-based services for persons with

developmental disabilities. He previously was Executive Director"

of the State Developmental Disabilities Council for Rhode Island,

Chief Executive. Officer of the North Rhode Island Association for

Retarded Citizens, and a special education teacher in

Massachusetts. He is a member of the U.S. Rehabilitation

Services Administration facilities task force and the Executive

Committee of the President's Commission on Employment of Persons

with Disabilities. He was an advisor to the President's

Commission on Mental Retardation, and has received the

r

Distinguished Service Award from President Bush for "promoting

the dignity, equality, independence and employment of people with disabilities."
JOHN MCCLELLAND 37. John McClelland is 49 years old and has been a resident of Great Oaks Center since 1987. He has spent 40 of his 49 years in Maryland institutions. His current diagnoses include spastic quadriplegia and profound mental retardation. He is nonambulatory and non-verbal. Although he requires assistance with hygiene and grooming he is able to feed himself. 38. He resides in Cottage Cl and attends a day program at Great Oaks Center. He has little opportunity to participate in community activities.

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39. Mr. McClelland has been seriously and repeatedly injured at Great Oaks Center. On or about January 1991, Mr. McClelland was dropped by staff when they were attempting to transfer him from one chair to another. The report of this incident states "Staff used unreasonable force and dumped the client on the wheelchair."
40. In April 1991, Mr. McClelland was bitten by another resident and the skin on his shoulder was broken. Staff were instructed to watch the residents more closely.
41. In May 1991, Mr. McClelland received three scratch marks several inches long from another resident. In June 1991, Mr. McClelland's nose was broken when he hit his face on the floor.
42. Mr. McClelland's training program is inadequate and fails to foster independence and prevent deterioration of existing skills. His most recent plan, dated October 31, 1990, contains . activities such as ball rolling that are neither ageappropriate nor functional.
43. Mr. McClelland needs surgery on his foot to make him more mobile and less dependent on use of a wheelchair.
44. The professional staff at Great Oaks Center have determined that Mr. McClelland should be placed in a community residential program. However, defendants have failed to identify or develop such a program and as a result Mr. McClelland remains at Great Oaks Center.
45. Mr. McClelland brings this action through his next
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friend, Cristine E. Boswell.

SARAH HORVITZ

46. Sarah Horvitz is a 68-year-old woman who lives in

A

Cottage 2 in Great Oaks Center. She is able to talk, to

participate in a conversation, and to enjoy music. She can feed ..

herself.

47. Ms. Horvitz does not receive active training or

treatment while at Great Oaks Center. She is rarely allowed to

participate in any activities in the community.

48. Ms. Horvitz has not been provided the close monitoring

and supervision that staff recognizes she needs, and as a result

Ms. Horowitz has been seriously injured while at Great Oaks

Center. In March 1990, her right armpit, breast and upper

shoulder were bruised. In the same month, she developed a

bedsore (pressure sore) on her buttocks. In July 1990, staff

noted that she had open sores on her buttocks.

49. In July 1990, Ms. Horvitz suffered a swollen nose and

bruising under her left eye. Staff noted a blister and a scraped

area on her thigh. In October 1990, staff noted an ulcer on Ms. Horvitz1 left foot. On November 5, 1990, staff noted a cut on

her jaw and upper lip with blood running from her mouth. On

November 6, 1990, staff found that her left toe was bleeding.

In April 1991, staff noted that she suffered a black eye.

50. Her treating professionals have directed that, to

prevent skin breakdown, she receive frequent periods of time out

of her wheelchair and be repositioned every hour. On many days,

13

these requirements have not been carried out. 51. In November 1990 and again in January 1991, medical
staff recommended that Ms. Horvitz receive a new wheelchair to prevent skin breakdown. As of June 4, 1991, she had not yet received the wheelchair. In February 1991, staff noted that she suffered from skin breakdown and bedsores on her sacral area. Defendants have failed to obtain the wheelchair in a timely manner despite her dire need for proper positioning. Records state that staff are waiting for the client's funds to accumulate.
52. Ms. Horvitz has expressed a desire to leave Great Oaks Center and be moved to the community. However, in contravention of professional standards and norms, she has been denied the opportunity to live in the community.
53. Ms. Horvitz brings this action through her guardian, a sister.
'54. All the named plaintiffs are subjected to or at risk of being subjected to the unsafe and dangerous conditions, excessive and unnecessary use of restraints, inadequate training and treatment, discrimination on the basis of disability, and failure to implement professional judgments described below.
V. DEFENDANTS 55. The individual defendants are sued in their official capacity only. 56. The conditions described in this complaint are the result of acts and omissions of the defendants committed under
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/--• color of state law. 57. Defendant Lois Meszaros is the Director of the
Developmental Disabilities Administration ("DDA") within the Department of Health and Mental Hygiene ("DHMH11). As Director, she is its chief executive and administrative officer and is responsible for insuring that state facilities for persons with developmental disabilities, including Great Oaks Center, are operated in compliance with federal law. She is responsible for submitting to the Secretary of DHMH budget requests for both Great Oaks Center and community-based services.
58. Defendant Nelson Sabatini is the Secretary of DHMH. As Secretary, he is the chief executive and administrative officer of the Department and is responsible for insuring that it, ( including its DDA which operates Great Oaks Center, fulfills its obligations under federal law. He is charged under state law with providing "services to insure the protection of the individual rights and liberties of individuals with a developmental disability." Md. Health Gen. Code Ann. § 7303 (a)(1) (viii) ; see also Md. Health Gen. Code Ann. §§ 7-301 et sea. (State Plan requirements) .
59. Defendant Allan Radinsky is Administrator of the Great Oaks Center. He is responsible for the operation, administration, and supervision of all aspects of the facility, •including the custody, care, treatment and discharge of residents. He is responsible for insuring that the facility operates in compliance with federal law. V,
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60. The State of Maryland is a defendant herein only for purposes of plaintiffs' claims under the Rehabilitation Act of 1973, as amended, 29 U.S.C. §§720, 721 and 794.
VI. UNSAFE AND DANGEROUS CONDITIONS 61. Great Oaks Center is an unsafe and dangerous institution, with a long history of subjecting its residents to severe physical and emotional injury. Defendants have failed to take adequate steps to protect residents of Great Oaks Center from physical injury, abuse by others, self-abuse and neglect. As a result, residents' lives, health and safety are in jeopardy. Residents are at continual risk of dying, breaking limbs, losing their eyesight and choking. In recent years, several residents have needlessly died. One resident died after swallowing a rubber glove, and another died after squeezing her head between the rails of a bed. Many residents have needlessly suffered serious physical and other injuries, including severe cuts and broken bones. 62. Adequate training and treatment programs have not been developed or implemented to deal with residents' aggressive or self-abusive behaviors. Staff are not sufficiently trained to understand the causes of aggressive or self-abusive behavior nor how to intervene and modify it. As a result, self-abusive, aggressive and other interfering behaviors occur virtually unchecked. Resident self-abuse is virtually an hourly occurrence at Great Oaks Center. 63. Staff do not know how to safely lift or move residents
16

or properly position their limbs and bodies. Residents with severe physical disabilities are fed improperly or too quickly, causing them discomfort, health-related problems, and even lifethreatening conditions.
64. Residents do not receive the habilitative therapy, services, training, stimulation and attention they need — and that professional standards require — to prevent deterioration of and injury to their bodies, deterioration of and injury to their psychological well-being, and regression in basic lifeskills such as mobility, eating and communication. As a result, residents suffer bedsores, contractures and deformities, and residents lose or are at risk of losing basic self-care skills such as dressing, mobility, eating, toileting, and communication.
VII. EXCESSIVE AND UNNECESSARY USE OF RESTRAINTS 65. Residents of Great Oaks Center are subject to undue restraint in their freedom of movement. Residents are excessively and unnecessary locked behind closed doors. In addition, they are excessively and unnecessarily locked into chairs, wheelchairs, helmets, wrist restraints and papoose boards. 66. Restraints at Great Oaks Center are used in lieu of professionally designed and implemented training programs and when the demands of individual residents clients become . overwhelming for Great Oaks"'Center's untrained and inadequate staff.
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VIII. INADEQUATE TRAINING AND TREATMENT 67. Contrary to basic professional norms, residents are denied necessary and appropriate training and treatment services, including medical and dental care and treatment, nursing care, psychological services, personal care and protection, social work services, physical and occupational therapy, speech pathology and audiology services, recreation, and vocational and rehabilitative training. In many cases, the services denied have been prescribed by treating professionals. 68. Programs of training and treatment at Great Oaks Center exist mainly on paper. Idleness is ubiquitous. Programs prescribed in resident individual habilitation plans are often not implemented. 69. Insofar as training programs exist at Great Oaks Center, they are directed primarily to persons with moderate disabilities, and not to residents with severe and profound retardation and multiple disabilities. Programs, therapies and services for persons with more severe disabilities are virtually nonexistent at Great Oaks Center. 70. The training actually provided residents is woefully inadequate. In day programs, residents spend much of their time repetitively placing nails in cans or removing nails from cans, crushing cans, or unscrewing screws from nuts. A great deal of time is spent sitting idly. 71. Residents are not provided adequate opportunities to develop their vocational, leisure and self-care skills. Although
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mary persons at Great Oaks Center could participate actively in a vocational program, only the persons with the least severe disabilities are given opportunities to do so. Residents receive little marketable training in job skills. There are few structured recreational or leisure time activities available and residents are forced to spend most of their time indoors. Little age appropriate activity is available for adult residents; they color pictures and pursue other projects designed for children. Education in daily living skills is rarely integrated into the routine of residents in a normalized fashion. Residents who have toileting programs are expected to learn these skills at the staff's convenience, and not necessarily at the time when they would ordinarily go to the bathroom. Programming for many residents does not include adequate opportunities to learn about life in the community. Trips into the community are infrequent and almost always in groups. Many residents have little opportunity to leave the institution's grounds and learn how to live in society.
72. Defendants receive federal Medicaid funds to support the operation of Great Oaks Center, which is classified as an Intermediate Care Facility for the Mentally Retarded ("ICF/MR") under the Medicaid Program.
73. As residents of an ICF/MR, the residents of Great Oaks Center are entitled under federal Medicaid law to receive "active treatment." Active treatment requires the aggressive and consistent implementation of a program of training, treatment,
19

health services and related services designed to enable residents

to function with as much self-determination and independence as

possible and to prevent or decelerate residents' regression or

loss of skills. Medicaid regulations require that active

treatment be implemented pursuant to an individual plan that sets'

forth measurable goals and objectives.

74. The residents of Great Oaks Center are not receiving

the active treatment to which they are entitled. Moreover,

residents' individual plans of care are inappropriate. They are

not individually tailored to the needs of the resident but

consist of boilerplate objectives and methods. Plans are not

changed even when they are manifestly unsuccessful in achieving

their stated goals. Most residents receive the same generic

'

program.

75. Defendants' failure to provide plaintiffs with programs

of training and treatment that meet professional norms has caused

residents to experience regression and the loss of skills they

possessed when they entered Great Oaks Center or place them at

risk of such regression.

IX. DISCRIMINATION ON THE BASIS OF DISABILITY

76. Great Oaks Center is a self-contained facility. All

residential and recreational facilities, and most educational,

training and medical care programs are provided inside the

institution. Residents are segregated in this institution, many

for their entire lives.

77. The self-contained environment of Great Oaks Center

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- i militates against community involvement. Residents are isolated from the rest of society and deprived of opportunities to interact with people without disabilities in non-custodial relationships and in normal community settings. Residents are denied the experiences of observing how other people behave and interact and of learning to carry out age-appropriate and acceptable social behavior. Individuals who have more severe

disabilities rarely leave the institution.

78. By segregating the residents of Great Oaks Center from

the rest of society and congregating them together, defendants

have compounded and aggravated residents1 self-injurious, self-

stimulating or aggressive behaviors, leading to their devaluation

as individuals and placing them at increased risk of injury.

/

79. Great Oaks Center is designed for mass management and

custodial convenience. The gross scale of institutional living

at Great Oaks Center discourages personal, intimate, primary

relationships such as those enjoyed in normal living situations.

Living and activity space at Great Oaks Center is inadequate in

design, inappropriate in setting and dehumanizing in condition.

The physical layouts are devoid of warmth, individuality, or

dignity. The physical settings at Great Oaks Center do not

permit privacy, individuality, or freedom of association among

residents.

80. Residents are not*'provided the opportunity to

experience a variety of environments during the day, as are other

citizens, and thus are deprived of important learning
L

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what ways they relate to their friends.

^-- •

84. Residents are denied training to enable them to utilize

hygienic supplies or to exercise self-care skills necessary for

acceptance within the larger community, as well as for personal

health and comfort.

85. Residents are denied the experiences, interactions, enjoyment, and opportunity for growth and development enjoyed by other members of society. They are denied the developmental opportunities, sensory and intellectual stimulation, comfort and

pleasure that community residents receive from their experiences

in homes, schools, restaurants, work places and recreational

facilities.

86. Residents are denied the dignity and freedom of living

in the community as normally as they are able.

(

87. In a five-year study commissioned by the Secretary of

the U.S. Department of Health and Human Services of the growth

and development of persons with severe developmental disabilities

who were placed in community living arrangements from an

institution much like Great Oaks Center, researchers found that:
a. Persons with severe disabilities placed in community living arrangements increased in skills and development while residents of the institution did not; and

b. Persons with severe disabilities in community living arrangements were receiving and benefitting from greater amounts of structured services than residents of the institution, even though the cost of serving clients in the community was less than the cost of services in the institution.
The study concluded that persons with severe developmental

disabilities who moved from the institution to the community were has

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•' "V /•-*

it is in the national interest to offer persons with developmental disabilities the opportunity, to the maximum extent feasible ... to live in typical homes and communities where they can exercise their full rights and responsibilities as citizens,

42 U.S.C. § 6000(a)(9), communicate and socialize in age- and

culturally-appropriate ways and utilize community resources as

other citizens do.

90. Similarly, Maryland has affirmed that it is its policy:

to foster the integration of individuals with developmental disability into the ordinary life of the communities where these individuals live;

to support and provide resources to operate community services to sustain individuals with developmental disability in the community, rather than in institutions; [and]

C ~r

to require the administration to designate sufficient resources to foster and strengthen a permanent comprehensive system of community programming for individuals with developmental disability as an alternative to institutional care.

Md. Health Gen. Code Ann. § 7-102(4)-(6) .

91. Residents of Great Oaks Center have been denied

placement in community living arrangements and other community

services on the basis of the severity of their disabilities.

Residents who have challenging behaviors, physical disabilities

or special medical needs are especially likely to be denied

community residential and other services.

92. Many residents who "have severe developmental

disabilities are precluded from leaving the institution and

living in community settings because defendants have allowed

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deciding whether a resident should be provided community services and in formulating discharge plans and making discharge recommendations; and
f. Failing to implement the judgments of treating professionals that residents should be provided community services.
COUNT II: SOCIAL SECURITY ACT 99. Defendants have violated the rights of plaintiffs and the class secured by Title XIX of the Social Security Act, 42 U.S.C. §§ 13 96 and 1396a, and the regulations promulgated pursuant thereto.
COUNT III: .REHABILITATION ACT OF 1973 100. Plaintiffs and the class are otherwise "qualified handicapped individuals" under the Rehabilitation Act of 1973, as amended. 101. Defendants have violated the rights of plaintiffs and the class secured by Sections 100, 101 and 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. §§ 720, 721 and 794, and the regulations promulgated pursuant thereto.
COUNT IV: EQUAL PROTECTION 102. Defendants have violated the rights of plaintiffs and the class secured by the Equal Protection Clause of the Fourteenth Amendment by establishing, subsidizing, or otherwise sanctioning policies and practices that have excluded, separated, and segregated persons with disabilities from the rest of society. .:f e n
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disabilities." g. confining plaintiffs in an institution that is
unnecessary for their care or treatment instead of discharging them to effective community programs. In so doing, defendants violate the ADA, 42 U.S.C. SS12132 and 12182 (b) (1) (iv) , and its implementing regulations, 28 CFR §35.130(b)(1)(iv) , which prohibit, defendants from providing services that are unnecessarily "separate" and not as effective as those they could receive in the community.
h. utilizing criteria or methods of administration which result in institutionalizing plaintiffs against the recommendation of the treating professionals and thus, discriminating against them on the basis of disability in violation of 28 CFR
XII. RELIEF REQUESTED WHEREFORE, plaintiffs respectfully request that this Court certify the class and;
1. Enjoin defendants from admitting persons to Great Oaks Center and from transferring residents of Great Oaks Center to residential settings that do not protect their rights under federal law;
2. Enjoin defendants to transfer residents to community living arrangements in accordance with the recommendations of the treating professionals;
3. Enjoin defendants to cease the violations of law alleged above;
4. Award plaintiffs their costs and reasonable attorneys fees; and
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5. Award such other and further relief as this Court deems necessary and appropriate.
Respectfully submitted,

Of Counsel
Arthur Spitzer American Civil Liberties Union Fund of the National Capital Area 1400 20th Street, N.W. Washington, D.C. 20036 (202) 457-0800

Steven Ney Jl F)
Federal Bar No. 0787 Maureen O'Connell Maryland Disability Law Center 1400 Mercantile Lane, Suite 242 Landover, MD 20785 (301) 925-9871
Ira Burnim Bazelon Center 1101 15th Street, N.W., #1212 Washington, D.C. 20005 (202) 467-5730
Susan Goering American Civil Liberties Union
of Maryland 2219 St. Paul Street Baltimore, MD 21218 (301) 889-8555
Counsel for Plaintiffs

31

 
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U.S. District Court District of Maryland (Greenbelt) CIVIL DOCKET FOR CASE #: 8:91-cv-02564-CCB

CLOSED

Hunt, et al v. Meszaros, et al Assigned to: Judge Catherine C. Blake Demand: $0 Cause: 42:1983 Prisoner Civil Rights Plaintiff Mary Hunt by and through her next friend also known as Cristine E. Boswsell
Plaintiff Matroy Foster by and through her next friend also known as Barbara Nelson
Plaintiff Michael Wade by and through his next friend also known as Mark A. Mlawer
Plaintiff Timothy Wade by and through his next friend also known as Paul Marchand

Date Filed: 09/06/1991 Jury Demand: None Nature of Suit: 440 Civil Rights: Other Jurisdiction: Federal Question
represented by Andrew L Lipps Swidler Berlin Shereff Friedman LLP 3000 K St NW Ste 300 Washington, DC 20007 12024247500 Fax: 12024247643 ATTORNEY TO BE NOTICED
Lawrence R Freedman Swidler Berlin Shereff Friedman LLP 3000 K St NW Ste 300 Washington, DC 20007 12024247500
represented by Andrew L Lipps (See above for address) ATTORNEY TO BE NOTICED
Lawrence R Freedman (See above for address)
represented by Andrew L Lipps (See above for address) ATTORNEY TO BE NOTICED
Lawrence R Freedman (See above for address)
represented by Andrew L Lipps (See above for address) ATTORNEY TO BE NOTICED
Lawrence R Freedman

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Plaintiff John McClelland by and through his next friend also known as Cristine E. Boswell Plaintiff Sarah Howvitz by and through her guardian, All of the above on Behalf of Themselves and All Others Similarly Situated
V.

(See above for address)
represented by Andrew L Lipps (See above for address) ATTORNEY TO BE NOTICED
Lawrence R Freedman (See above for address)
represented by Ira A Burnim Bazelon Center for Mental Health Law 1101 15th St NW Ste 1212 Washington, DC 20005 12024675730 Fax: 12022230409 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Steven Ney 7006 Woodland Ave Takoma Park, MD 20912 13012706114 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Andrew L Lipps (See above for address) ATTORNEY TO BE NOTICED
Lawrence R Freedman (See above for address)
Maureen O Connell Advocacy Incorported 7800 Shoal Creek Blvd. Suite 171-E Austin, TX 78757-1024 512/454-4816 Fax: 15123230902
Robin Burrell Maryland Disability Law Center 1800 N Charles St Ste 400 Baltimore, MD 21201 4107276352

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Defendant
Lois Meszaros Director, Developmental Disabilities Administration

represented by Daniel J O Brien, Jr Office of the Attorney General 300 W Preston St Room 302 Baltimore, MD 21201 14107671861 Fax: 14103337894 TERMINATED: 03/23/1995 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Timothy J Paulus Office of the Attorney General 300 W Preston St Ste 302 Baltimore, MD 21201 14107675829 Fax: 14103335831 Email: tpaulus@dhmh.state.md.us LEAD ATTORNEY ATTORNEY TO BE NOTICED
Carole Jean Messerschmidt Office of the Attorney General 311 W Saratoga St Ste 1015 Baltimore, MD 21201 14107677726 Fax: 14103330026
J Joseph Curran, Jr Office of the Attorney General of Maryland 200 Saint Paul Pl Baltimore, MD 21202 14105766300 Fax: 14105766880
Kathleen A Morse Office of Kathleen A. Morse, Esquire PO Box 2520 Avon, CO 81620 19707482079 Fax: 19707482079 Email: kmorse@flash.net
Maureen Mullen Dove State of Maryland Office of the Attorney General 200 Saint Paul Pl Baltimore, MD 21202-2021 14105766300

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Defendant Allan Radinsky Administrator, Great Oaks Center
Defendant Nelson Sabatini Secretary, Department of Health and Mental Hygiene

Fax: 14105766955 Email: mdove@oag.state.md.us ATTORNEY TO BE NOTICED
represented by Daniel J O Brien, Jr (See above for address) TERMINATED: 03/23/1995 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Timothy J Paulus (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Carole Jean Messerschmidt (See above for address)
J Joseph Curran, Jr (See above for address)
Kathleen A Morse (See above for address)
Maureen Mullen Dove (See above for address) ATTORNEY TO BE NOTICED
represented by Daniel J O Brien, Jr (See above for address) TERMINATED: 03/23/1995 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Timothy J Paulus (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Carole Jean Messerschmidt (See above for address)
J Joseph Curran, Jr (See above for address)
Kathleen A Morse (See above for address)

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Defendant State of Maryland
V. Movant Great Oaks Association, Inc. a Maryland nonstock corporation

Maureen Mullen Dove (See above for address) ATTORNEY TO BE NOTICED
represented by Daniel J O Brien, Jr (See above for address) TERMINATED: 03/23/1995 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Timothy J Paulus (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Carole Jean Messerschmidt (See above for address)
J Joseph Curran, Jr (See above for address)
Kathleen A Morse (See above for address)
Maureen Mullen Dove (See above for address) ATTORNEY TO BE NOTICED
represented by Benjamin F. Lucas, II Law Office 305 West Chesapeake Avenue Suite 502 Towson, MD 21204 410/494-0033 Fax: 4103377115 TERMINATED: 11/13/1995 LEAD ATTORNEY ATTORNEY TO BE NOTICED
George P Adams 250 S President St Ste 711 Baltimore, MD 21202 4106855638 Fax: 4106850355 TERMINATED: 08/20/1992 LEAD ATTORNEY

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Date Filed 09/06/1991 09/06/1991 09/11/1991 10/03/1991 10/03/1991
10/07/1991 10/18/1991 10/18/1991

ATTORNEY TO BE NOTICED
Martin J. Shuham Knight Manzi Nussbaum and LaPlaca PA 14440 Old Mill Rd Upper Marlboro, MD 20772 13019520100 LEAD ATTORNEY ATTORNEY TO BE NOTICED
William F. Sherman Jacoway, Sherman and Pence 504 Pyramid Place 221 West - 2nd Street Little Rock, AR 72201 501/372-3148 Fax: 15013722630 LEAD ATTORNEY ATTORNEY TO BE NOTICED

#

Docket Text

1 COMPLAINT filed; FILING FEE $ 120 RECEIPT # 089772 (mdd, Deputy Clerk) (Entered: 09/11/1991)

2 SUMMONS(ES) issued for Lois Meszaros, Allan Radinsky, Nelson Sabatini, State of Maryland (mdd, Deputy Clerk) Modified on 09/11/1991 (Entered: 09/11/1991)

3 Correspondence of State of Maryland and other named State Officials RE: 91-2564 and 84-4409 are not related cases as Civil Cover sheet states. (c/s) (mdd, Deputy Clerk) (Entered: 09/17/1991)

4 MOTION by Lois Meszaros, Allan Radinsky, Nelson Sabatini, State of Maryland to Extend Time (mdd, Deputy Clerk) (Entered: 10/19/1991)

4 ORDER granting [4-1] motion to Extend Time, reset Answer deadline to 10/7/91 for State of Maryland, for Nelson Sabatini, for Allan Radinsky, for Lois Meszaros ( signed by Judge Joseph C. Howard ) (c/m 10/3/91 vab) (mdd, Deputy Clerk) (Entered: 10/19/1991)

5 MOTION with memorandum in support by Lois Meszaros, Allan Radinsky, Nelson Sabatini, State of Maryland to Dismiss and request for hearing. (c/s) (mdd, Deputy Clerk) (Entered: 10/19/1991)

6 MOTION by Lois Meszaros, Allan Radinsky, Nelson Sabatini, State of Maryland to Extend Time to respond to motion to dismiss (c/s) (mdd, Deputy Clerk) (Entered: 10/19/1991)

7 ORDER granting [6-1] motion of plaintiffs to Extend Time to respond to motion to dismiss to November 7, 1991. ( signed by Judge Joseph C.

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10/29/1991 11/07/1991 11/07/1991
11/07/1991 11/13/1991 11/13/1991 11/14/1991 11/14/1991 11/20/1991
11/21/1991 11/21/1991
11/21/1991

Howard ) (c/m 10/21/91 vab) (mdd, Deputy Clerk) (Entered: 10/26/1991)
8 MOTION by Mary Hunt, Matroy Foster, Michael Wade, Timothy Wade, John McClelland, Sarah Howvitz For inspection of Premises (mdd, Deputy Clerk) (Entered: 10/30/1991)
9 MOTION to Intervene by Great Oaks Asso. and objection to class certification, attachments and memorandum. (c/s) (mdd, Deputy Clerk) (Entered: 11/10/1991)
10 MEMORANDUM by Mary Hunt, Matroy Foster, Michael Wade, Timothy Wade, John McClelland, Sarah Howvitz in opposition to [5-1] motion of defendants to Dismiss and attachments 1,2 and 3. (c/s) (mdd, Deputy Clerk) (Entered: 11/10/1991)
11 Request of applicant, Great Oaks Association for hearing on its motion to intervene. (c/s) (mdd, Deputy Clerk) (Entered: 11/13/1991)
12 RESPONSE by Lois Meszaros, Allan Radinsky, Nelson Sabatini, State of Maryland in opposition to [8-1] motion of plaintiffs For inspection of Premises (mdd, Deputy Clerk) (Entered: 11/20/1991)
12 MOTION by Lois Meszaros, Allan Radinsky, Nelson Sabatini, State of Maryland for Protective Order , memorandum and exhibit A. (c/s) (mdd, Deputy Clerk) (Entered: 11/20/1991)
13 MOTION by William F. Sherman to Appear Pro Hac Vice for Great Oaks Association, Inc. (mdd, Deputy Clerk) (Entered: 12/06/1991)
13 ORDER dated 11/14/91 "granting" [13-1] motion to Appear Pro Hac Vice for Great Oaks Association, Inc. ( signed by Judge Joseph C. Howard )(c/m 11/20/91 pjc) (mdd, Deputy Clerk) (Entered: 12/06/1991)
14 MOTION by Lois Meszaros, Allan Radinsky, Nelson Sabatini, State of Maryland to Extend Time to respond to Motion to Intervene and Objection to Class Certification (mdd, Deputy Clerk) (Entered: 12/06/1991)
15 Local Rule 104.7 Certificate of defendants of Attempts to resolve Discovery. (c/s) (mdd, Deputy Clerk) (Entered: 12/06/1991)
16 MOTION by plaintiffs to Extend Time to respond to defendant's Objections and Motion for Protective Order, and Motion of Great Oaks Ass. to Intervene and Objections to Class Certification (c/s) (mdd, Deputy Clerk) (Entered: 12/06/1991)
17 ORDER dated 11/21/91 "granting" [16-1] motion to Extend Time to respond to defendant's Objections and Motion for Protective Order, and Motion of Great Oaks Ass. to Intervene and Objections to Class Certification, Response to Motion reset to 12/6/91 for [12-1] motion for Protective Order, reset to 12/6/91 for [9-1] motion to Intervene by Great Oaks Asso. ( signed by Judge Joseph C. Howard ) (c/m 11/21/91 vab) (mdd, Deputy Clerk) (Entered: 12/06/1991)

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12/04/1991 12/06/1991 12/06/1991 12/06/1991 12/06/1991
12/06/1991 12/20/1991 12/26/1991 12/30/1991 12/30/1991
01/02/1992 01/03/1992

18 FIRST AMENDMENT TO MOTION by Great Oaks Asso. to Intervene , and Objection to Class Certification and Exhibit 1. (c/s) (mdd, Deputy Clerk) (Entered: 12/06/1991)
19 REPLY MEMORANDUM by Lois Meszaros, Allan Radinsky, Nelson Sabatini, State of Maryland in support of [5-1] motion to Dismiss. (c/s) (mdd, Deputy Clerk) (Entered: 12/18/1991)
20 MEMORANDUM in opposition by plaintiffs to [12-1] motion for Protective Order, [12-1] opposition response and Appendix 1 thru 3. (c/s) (mdd, Deputy Clerk) Modified on 12/18/1991 (Entered: 12/18/1991)
21 MEMORANDUM in opposition by plaintiffs to [18-1] motion to Intervene and Appendix 1 thru 5/ (c/s) (Filed Separately) (mdd, Deputy Clerk) (Entered: 12/18/1991)
22 RESPONSE by Lois Meszaros, Allan Radinsky, Nelson Sabatini, State of Maryland in support of [18-2] motion Objection to Class Certification, [17-1] order Response to Motion reset to 12/6/91 for [12-1] motion for Protective Order, reset to 12/6/91 for [9-1] motion to Intervene by Great Oaks Asso. (c/s) (mdd, Deputy Clerk) (Entered: 12/18/1991)
23 MEMORANDUM by Lois Meszaros, Allan Radinsky, Nelson Sabatini, State of Maryland in opposition to Class Certification. (c/s) (Requested in Complaint) (mdd, Deputy Clerk) (Entered: 12/18/1991)
24 SUPPLEMENTAL MEMORANDUM by Lois Meszaros, Allan Radinsky, Nelson Sabatini, State of Maryland in support of [12-1] motion for Protective Order, [12-1] opposition response and Exhibits A thru L. (c/s) (mdd, Deputy Clerk) (Entered: 01/02/1992)
25 MOTION by Great Oaks Asso. to Extend Time to respond to plaintiffs' Memorandum in Opposition to Motion to Intervene (c/s) (mdd, Deputy Clerk) (Entered: 01/15/1992)
26 MOTION by Great Oaks Asso. to Extend Time to respond to plaintiffs' Memorandum in Opposition to Motion to Intervene (mdd, Deputy Clerk) Modified on 01/15/1992 (Entered: 01/02/1992)
27 ORDER dated 12/27/91 "granting" [25-1] motion to Extend Time to respond to plaintiffs' Memorandum in Opposition to Motion to Intervene, Reply to Response to Motion reset to 1/15/92 for [18-1] motion to Intervene ( signed by Judge Joseph C. Howard ) (c/m 12/30/91 vab) (mdd, Deputy Clerk) Modified on 01/15/1992 (Entered: 01/02/1992)
29 MOTION with memorandum in support by Lois Meszaros, Allan Radinsky, Nelson Sabatini, State of Maryland to Dismiss , or to Stay Proceedings under Abstention Doctrine and Exhibits A thru C. (c/s) (mdd, Deputy Clerk) (Entered: 01/17/1992)
28 ORDER dated 01/03/92 "granting" [25-1] motion to Extend Time to respond to plaintiffs' Memorandum in Opposition to Motion to Intervene, Response to Motion reset to 1/15/92 for [18-1] motion to Intervene ( signed by Judge Joseph C. Howard ) (c/m 01/03/92 vab) (mdd, Deputy

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01/14/1992 01/15/1992 01/15/1992 01/15/1992 01/21/1992
01/27/1992 02/05/1992
02/05/1992
02/10/1992 02/25/1992 03/10/1992

Clerk) (Entered: 01/15/1992)
30 MOTION by plaintiffs to Extend Time to respond to Motion to Dismiss or Stay Proceedings under Abstention Doctrine (c/s) (mdd, Deputy Clerk) (Entered: 01/20/1992)
31 SECOND AMENDMENT MOTION by Great Oaks Asso. to Intervene by Great Oaks Asso. , and Objection to Class Certification and Attachments. (c/s) (mdd, Deputy Clerk) (Entered: 01/27/1992)
32 REPLY MEMORANDUM by Great Oaks Asso. in opposition to [21-1] opposition memorandum and Exhibits D thru E9. (c/s) (mdd, Deputy Clerk) (Entered: 01/27/1992)
33 APPENDIX of Cases not generally Reported. (c/s) (mdd, Deputy Clerk) (Entered: 01/27/1992)
34 ORDER "granting" [30-1] motion to Extend Time to respond to Motion to Dismiss or Stay Proceedings under Abstention Doctrine, Response to Motion reset to 1/27/92 for [29-1] motion to Dismiss, reset to 1/27/92 for [29-2] motion to Stay Proceedings under Abstention Doctrine ( signed by Judge Joseph C. Howard ) (c/m 01/21/92 vab) (mdd, Deputy Clerk) (Entered: 02/05/1992)
35 MEMORANDUM by Mary Hunt, Matroy Foster, Michael Wade, Timothy Wade, John McClelland, Sarah Howvitz in opposition to [29-1] motion to Dismiss, [29-2] motion to Stay Proceedings under Abstention Doctrine. (c/s) (mdd, Deputy Clerk) (Entered: 02/07/1992)
36 JOINT MOTION by Mary Hunt, Matroy Foster, Michael Wade, Timothy Wade, John McClelland, Sarah Howvitz, Lois Meszaros, Allan Radinsky, Nelson Sabatini, State of Maryland, Great Oaks Asso. to Extend Time for defendants to Reply to plaintiff's Opposition to Abstension Motion (mdd, Deputy Clerk) (Entered: 02/12/1992)
36 ORDER dated 02/05/92 "granting" [36-1] joint motion to Extend Time for defendants to Reply to plaintiff's Opposition to Abstension Motion, Reply to Response to Motion reset to 2/10/92 for [29-1] motion to Dismiss, reset to 2/10/92 for [29-2] motion to Stay Proceedings under Abstention Doctrine ( signed by Judge Joseph C. Howard ) (c/m 02/05/92 vab) (mdd, Deputy Clerk) (Entered: 02/12/1992)
37 REPLY by Lois Meszaros, Allan Radinsky, Nelson Sabatini, State of Maryland to response to [29-1] motion to Dismiss, [29-2] motion to Stay Proceedings under Abstention Doctrine and Exhibit 1. (c/s) (mdd, Deputy Clerk) (Entered: 02/24/1992)
38 MOTION by plaintiffs with memorandum in support for Class Action Certification and Appendix 1. (c/s) (mdd, Deputy Clerk) (Entered: 03/04/1992)
39 JOINT MOTION by Mary Hunt, Matroy Foster, Michael Wade, Timothy Wade, John McClelland, Sarah Howvitz, Lois Meszaros, Allan Radinsky, Nelson Sabatini, State of Maryland, Great Oaks Asso. to Extend Time for

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03/10/1992 03/13/1992 03/17/1992 04/02/1992 04/02/1992 04/08/1992
04/08/1992
04/21/1992 04/21/1992 05/11/1992 05/11/1992

filing defendants opposition to plaintiffs' motion for class certification. (slf, Deputy Clerk) (Entered: 03/18/1992)
39 MARGINAL ORDER granting [39-1] joint motion to Extend Time, set Motion Filing deadline to 3/13/92 ( signed by Judge Joseph C. Howard ) (c/m Chambers) (slf, Deputy Clerk) (Entered: 03/18/1992)
40 RESPONSE by Lois Meszaros, Allan Radinsky, Nelson Sabatini, State of Maryland, Great Oaks Asso. in opposition to [38-1] motion for Class Action Certification (slf, Deputy Clerk) (Entered: 03/20/1992)
41 THIRD AMENDMENT TO MOTION to Intervene by Great Oaks Asso. , and objection to class certification (slf, Deputy Clerk) (Entered: 03/20/1992)
42 MEMORANDUM OPINION ( signed by Judge Joseph C. Howard ) dated April 1, 1992. (c/m 4/2/92 vab) (cmh, Deputy Clerk) (Entered: 04/13/1992)
43 ORDER dated April 1, 1992 granting in part [9-1] motion to Intervene by Great Oaks Asso. to permit it to oppose Motion of Plaintiffs for Class Certification. ( signed by Judge Joseph C. Howard ) (c/m 4/2/92 vab) (cmh, Deputy Clerk) (Entered: 04/13/1992)
44 STIPULATION by Mary Hunt, Matroy Foster, Michael Wade, Timothy Wade, John McClelland, Sarah Howvitz, Lois Meszaros, Allan Radinsky, Nelson Sabatini, State of Maryland to Extend Time within which Plaintiffs may file their Reply to Memorandum of Defendants in Opposition to Class Certification (cmh, Deputy Clerk) (Entered: 04/16/1992)
44 ORDER dated April 7, 1992 granting [44-1] Stipulation to Extend Time within which Plaintiffs may file their Reply to Memorandum of Defendants in Opposition to Class Certification, and Reply to Response to Motion reset to 4/17/92 for [38-1] motion for Class Action Certification ( signed by Judge Joseph C. Howard ) (c/m 4/8/92 ph) (cmh, Deputy Clerk) (Entered: 04/16/1992)
45 JOINT MOTION by parties to Extend Time for plaintiffs to reply to defendants memorandum in opposition to class certification (mdd, Deputy Clerk) (Entered: 04/29/1992)
45 ORDER dated 04/21/92 "granting" [45-1] joint motion to Extend Time for plaintiffs to reply to defendants memorandum in opposition to class certification to 05/08/92. ( signed by Judge Joseph C. Howard ) (c/m 04/22/92 vab) (mdd, Deputy Clerk) (Entered: 04/29/1992)
46 JOINT MOTION to Extend Time to file a reply to defendant's opposition to class certification . (mdd, Deputy Clerk) (Entered: 05/27/1992)
46 ORDER granting [46-1] joint motion to Extend Time to file a reply to defendant's opposition to class certification ( signed by Judge Joseph C. Howard 5/8/92) (c/m 5/11/92-vab) (mdd, Deputy Clerk) (Entered: 05/27/1992)

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06/11/1992 06/11/1992 07/14/1992 08/20/1992 08/20/1992 09/10/1992 09/25/1992 09/25/1992
11/12/1992 11/13/1992
12/18/1992 12/18/1992 02/08/1993

47 JOINT MOTION by parties to Extend Time for plaintiffs to file reply to Opposition of defendant's to Class Certification (mdd, Deputy Clerk) (Entered: 06/15/1992)
47 ORDER dated 06/11/92 "granting" [47-1] joint motion to Extend Time for plaintiffs to file reply to Opposition of defendant's to Class Certification to 09/10/92. ( signed by Judge Norman P. Ramsey ) (c/m 06/11/92 myl) (mdd, Deputy Clerk) (Entered: 06/15/1992)
48 ANSWER in Intervention to Complaint by Great Oaks Asso. (mdd, Deputy Clerk) (Entered: 07/22/1992)
49 MOTION by Great Oaks Asso. to Substitute Attorney (rank, Deputy Clerk) (Entered: 08/26/1992)
49 ORDER granting [49-1] motion to Substitute Attorney terminated attorney George P. Adams for Great Oaks Asso. Added Benjamin F. Lucas II ( signed by Judge Norman P. Ramsey ) dated Aug. 20, 1992 (c/m 8/20/92 ems) (rank, Deputy Clerk) (Entered: 08/26/1992)
50 JOINT MOTION with memorandum in support for a Temporary Stay of Proceedings . (c/s) (cag, Deputy Clerk) (Entered: 09/11/1992)
51 MARGINAL ORDER granting [50-1] joint motion for a Temporary Stay of Proceedings. ( signed by Sr. Judge Frank A. Kaufman September 25, 1992) (c/m 9/25/92-mjl) (cag, Deputy Clerk) Modified on 10/01/1992 (Entered: 09/28/1992)
52 ORDER "STAYING" Action until October 27, 1992; "EXTENDING" until November 6, 1992 the filing of Plaintiff's reply to Defendant's Memorandum in opposition to Plaintiff's Motion for Class Certification. ( signed by Sr. Judge Frank A. Kaufman September 25, 1992) (c/m 9/25/92-mjl) (cag, Deputy Clerk) (Entered: 10/01/1992)
53 JOINT MOTION to Stay Proceedings . (c/s) (cag, Deputy Clerk) (Entered: 11/12/1992)
54 ORDER granting [53-1] joint motion to Stay Proceedings to December 2, 1992; "EXTENDING" Plaintiff's reply to Defendants Memorandum in opposition to Plaintiff's Motion for Class Certification to December 16, 1992. ( signed by Judge J. F. Motz 11/13/92) (c/m 11/13/92-gs) (cag, Deputy Clerk) (Entered: 11/13/1992)
55 JOINT MOTION to Extend Time for Plaintiff to file a reply to Defendant's Memorandum in Opposition to Class Certification . (cag, Deputy Clerk) (Entered: 12/18/1992)
55 ORDER granting [55-1] joint motion to Extend Time for Plaintiff to file a reply to Defendant's Memorandum in Opposition to Class Certification to 2/3/93. ( signed by Judge J. F. Motz 12/17/92) (c/m 12/18/92-cag) (cag, Deputy Clerk) (Entered: 12/18/1992)
56 JOINT MOTION of Parties to Extend Time for Plaintiff to reply to Defendants' Memorandum in opposition to Class Certification . (cag,

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02/08/1993 03/05/1993 03/05/1993 04/14/1993 04/14/1993 05/25/1993 05/25/1993 06/25/1993 06/25/1993 07/28/1993
07/28/1993

Deputy Clerk) (Entered: 02/09/1993)
56 ORDER granting [56-1] joint motion to Extend Time for Plaintiff to reply to Defendants' Memorandum in opposition to Class Certification to 3/3/93. ( signed by Judge J. F. Motz 2/8/93) (c/m 2/9/93-vab) (cag, Deputy Clerk) (Entered: 02/09/1993)
57 JOINT MOTION of Parties to Extend Time for Plaintiffs to file a reply to Defendants Memorandum in opposition to Class Certification . (cag, Deputy Clerk) (Entered: 03/08/1993)
57 ORDER granting [57-1] joint motion to Extend Time for Plaintiffs to file a reply to Defendants Memorandum in opposition to Class Certification to 4/6/93. ( signed by Judge J. F. Motz ) (c/m 3/5/93-cag) (cag, Deputy Clerk) (Entered: 03/08/1993)
58 JOINT MOTION of Parties to Extend Time for Plaintiffs to file a Reply to Defendants' Oppositon to Class Certification . (cag, Deputy Clerk) (Entered: 04/14/1993)
58 ORDER granting [58-1] joint motion to Extend Time for Plaintiffs to file a Reply to Defendants' Oppositon to Class Certification to 5/15/93. ( signed by Sr. Judge Herbert F. Murray 4/13/93) (c/m 4/14/93-ncd) (cag, Deputy Clerk) (Entered: 04/14/1993)
59 JOINT MOTION to Extend Time for Plaintiffs to file a reply to Defendants' Opposition to Class Certification . (cag, Deputy Clerk) (Entered: 05/25/1993)
59 ORDER granting [59-1] joint motion to Extend Time for Plaintiffs to file a reply to Defendants' Opposition to Class Certification to 6/22/93. ( signed by Sr. Judge Herbert F. Murray ) (c/m 5/25/93-cag) (cag, Deputy Clerk) (Entered: 05/25/1993)
60 JOINT MOTION of Parties to Extend Time for Plaintiffs to file a reply to Defendants' Memorandum in Oppostion to Class Certification . (cag, Deputy Clerk) (Entered: 06/28/1993)
60 ORDER granting [60-1] joint motion to Extend Time for Plaintiffs to file a reply to Defendants' Memorandum in Oppostion to Class Certification to 7/21/93. ( signed by Judge Herbert N. Maletz 6/25/93 ) (c/m 6/25/93dp) (cag, Deputy Clerk) (Entered: 06/28/1993)
61 JOINT MOTION by Mary Hunt, Matroy Foster, Michael Wade, Timothy Wade, John McClelland, Sarah Howvitz, Lois Meszaros, Allan Radinsky, Nelson Sabatini, State of Maryland and Great Oaks Asso. to Extend Time for plaintiffs to file a reply to defendants' opposition to class certification . (mdd, Deputy Clerk) (Entered: 07/28/1993)
61 ORDER granting [61-1] joint motion to Extend Time for plaintiffs to file a reply to defendants' opposition to class certification, until September 21, 1993 ( signed by Judge Herbert N. Maletz July 27, 1993). (c/m 7/28/93-bj) (mdd, Deputy Clerk) (Entered: 07/28/1993)

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09/27/1993 09/27/1993 11/15/1993 11/16/1993 11/16/1993 11/26/1993 01/14/1994 01/21/1994 02/24/1994 04/01/1994 04/11/1994 05/05/1994 06/02/1994

62 JOINT MOTION of Parties to Extend Time for Plaintiffs to file a Reply to Defendants' Opposition to Class Certification . (cag, Deputy Clerk) (Entered: 09/27/1993)
62 ORDER granting [62-1] joint motion to Extend Time for Plaintiffs to file a Reply to Defendants' Opposition to Class Certification to November 10, 1993. ( signed by Judge Herbert N. Maletz 9/24/93 ) (c/m 9/27/93-cag) (cag, Deputy Clerk) (Entered: 09/27/1993)
CASE reassigned from Judge Howard to Judge Peter J. Messitte (cag, Deputy Clerk) (Entered: 11/15/1993)
63 JOINT MOTION of Parties to Extend Time for Plaintiffs to file a Reply to Defendants' Opposition to Class Certification . (cag, Deputy Clerk) (Entered: 11/17/1993)
63 ORDER granting [63-1] joint motion to Extend Time for Plaintiffs to file a Reply to Defendants' Opposition to Class Certification to 12/3/93. ( signed by Judge J. F. Motz 11/16/93 ) (c/m 11/17/93-cag) (cag, Deputy Clerk) (Entered: 11/17/1993)
64 Reassignment letter mailed to parties. (cag, Deputy Clerk) (Entered: 11/29/1993)
65 STIPULATION AND ORDER "EXTENDING" the time for Plaintiff's Reply to Defendants' Memorandum in Opposition to Class Certification to 1/10/94. ( signed by Judge Peter J. Messitte 1/13/94 ) (c/m ras) (cag, Deputy Clerk) (Entered: 01/14/1994)
66 STIPULATION AND ORDER "EXTENDING" the time for Plaintiffs to file a Reply to Defendants' Memorandum in Opposition to Class Certification to 2/17/94. ( signed by Judge Peter J. Messitte 1/14/94 ) (c/m ras) (cag, Deputy Clerk) (Entered: 01/24/1994)
67 STIPULATION AND ORDER "EXTENDING" the time for Plaintiffs to file a Reply to Defendants' Opposition to class Certification. ( signed by Judge Peter J. Messitte 2/22/94 ) (c/m ras) (cag, Deputy Clerk) (Entered: 02/25/1994)
68 STIPULATION AND ORDER "EXTENDING" the time for Plaintiffs to file a reply to Defendants' Opposition to class certification to 4/29/94. ( signed by Judge Peter J. Messitte 3/29/94 ) (c/m 4/1/94-ems) (cag, Deputy Clerk) (Entered: 04/04/1994)
69 MEMORANDUM "SETTING" a status conference for June 24, 1994 at 10:00 a.m. ( signed by Judge Peter J. Messitte April 7, 1994) (c/m 4/11/93-ems) (mdd, Deputy Clerk) (Entered: 04/14/1994)
70 STIPULATION AND ORDER "EXTENDING" the time for Plaintiff's to reply to Defendants' Memoranudm in Opposition to class Certification. ( signed by Judge Peter J. Messitte 5/2/94 ) (c/m 5/4/94-ems) (cag, Deputy Clerk) (Entered: 05/06/1994)
71 STIPULATION AND ORDER "EXTENDING" the time for Plaintiffs to

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06/24/1994 06/28/1994 07/18/1994 08/26/1994 09/29/1994 09/30/1994 09/30/1994 09/30/1994 10/12/1994 10/14/1994 10/28/1994 10/28/1994

file a Reply to Defendants' Opposition to Class Certification. ( signed by Judge Peter J. Messitte 5/31/94 ) (c/m 6/3/94-ems) (cag, Deputy Clerk) (Entered: 06/03/1994)
Status conference held before Messitte, J. (cag, Deputy Clerk) (Entered: 06/28/1994)
72 SCHEDULING ORDER ( signed by Judge Peter J. Messitte 6/27/94 ) (c/m 6/28/94-ems) (cag, Deputy Clerk) (Entered: 06/29/1994)
73 MEMORANDUM dated 7/12/94 ( signed by Judge Peter J. Messitte ) "ADVISING" Counsel that the settlement hearing is now scheduled for 9/8/94 at 11:00am. (c/m 7/18/94hg) (lad, Deputy Clerk) (Entered: 07/18/1994)
74 STATUS REPORT by Great Oaks Asso. (c/s) (cag, Deputy Clerk) (Entered: 08/26/1994)
75 MOTION with memorandum in support by Great Oaks Asso. for Protective Order and Exhibits. (EXHIBITS FILED SEPARATELY) (c/s) (cag, Deputy Clerk) (Entered: 09/30/1994)
76 MOTION with memorandum in support by Mary Hunt, et al for Leave to File Amended Complaint and Proposed Amended Complaint. (c/s) (cag, Deputy Clerk) (Entered: 10/03/1994)
77 MOTION with memorandum in support by Lois Meszaros, Allan Radinsky, Nelson Sabatini, State of Maryland to Extend Time to respond to Request for Production of Documents . (c/s) (cag, Deputy Clerk) (Entered: 10/03/1994)
78 NOTICE of attorney appearance for Lois Meszaros, Allan Radinsky, Nelson Sabatini, State of Maryland by Timothy J. Paulus and Striking attorney appearance of Marlene Trestman. (c/s) (cag, Deputy Clerk) (Entered: 10/03/1994)
79 ORDER REFERRING CASE to Magistrate Judge James E. Kenkel for Hearing and determination of non-dispositive pre-trial matters. ( signed by Judge Peter J. Messitte 10/4/94 ) (cag, Deputy Clerk) (Entered: 10/13/1994)
80 MEMORANDUM by Mary Hunt, et al in opposition to [77-1] motion of Defendants to Extend Time to respond to Request for Production of Documents. (c/s Kenkel & Chambers) (cag, Deputy Clerk) (Entered: 10/18/1994)
81 ORDER granting [77-1] motion of Defendants to Extend Time to respond to Request for Production of Documents to and including 11/4/94. ( signed by Magistrate Judge James E. Kenkel 10/27/94 ) (c/m 10/27/94-cc) (cag, Deputy Clerk) (Entered: 10/31/1994)
82 ORDER "SETTING" date for Hearing on all pending motions. ( signed by Magistrate Judge James E. Kenkel 10/27/94 ) (c/m 10/27/94-cc) (cag, Deputy Clerk) (Entered: 10/31/1994)

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10/31/1994 10/31/1994 10/31/1994
11/10/1994
11/14/1994 11/18/1994
11/21/1994 11/23/1994 11/23/1994 11/23/1994 11/30/1994
12/01/1994 12/05/1994 12/05/1994

83 MEMORANDUM by Mary Hunt in opposition to [75-1] motion of Great Oaks Association for Protective Order. (c/s Kenkel & Chambers) (cag, Deputy Clerk) (Entered: 11/02/1994)
84 RESPONSE by Lois Meszaros to [76-1] motion of Plaintiff for Leave to File Amended Complaint. (c/s Kenkel & Chambers) (cag, Deputy Clerk) Modified on 11/04/1994 (Entered: 11/04/1994)
85 MOTION with memorandum in support by Lois Meszaros, Allan Radinsky, Nelson Sabatini, State of Maryland for Protective Order and Attachments. (c/s Kenkel & Chambers) (cag, Deputy Clerk) Modified on 11/04/1994 (Entered: 11/04/1994)
86 MOTION with memorandum in support by Lois Meszaros, Nelson Sabatini, State of Maryland to Consolidate Cases PJM-91-2564, K-933679, K-94-1107 and PJM-94-880 . (c/s) (cag, Deputy Clerk) (Entered: 11/15/1994)
87 REPLY MEMORANDUM by Great Oaks Asso. to response of Plaintiffs to [75-1] motion of Great Oaks Association for Protective Order. (c/s Kenkel, Chambers) (mdd, Deputy Clerk) (Entered: 11/16/1994)
88 MEMORANDUM re: Joint Written Status report on or before Jan. 5, 1994 as therein set forth ( signed by Sr. Judge Frank A. Kaufman )dated Nov. 17, 1994 (c/m by chambers 11/17/94) (rank, Deputy Clerk) Modified on 11/28/1994 (Entered: 11/28/1994)
89 REPLY MEMORANDUM by Mary Hunt in support of [76-1] motion for Leave to File Amended Complaint. (c/s Kenkel & Chambers) (cag, Deputy Clerk) Modified on 11/28/1994 (Entered: 11/23/1994)
90 MEMORANDUM by Mary Hunt, et al in opposition to [85-1] motion of Defendants for Protective Order. (c/s) (cag, Deputy Clerk) (Entered: 11/29/1994)
91 MOTION by Mary Hunt, et al to Compel and Certificate of good faith and attachments. (c/s) (cag, Deputy Clerk) (Entered: 11/30/1994)
92 MOTION by plaintiffs to Extend Time to respond to defendants' motion to consolidate . (mdd, Deputy Clerk) (Entered: 12/02/1994)
93 ORDER granting [92-1] motion of plaintiff to Extend Time to respond to defendants' motion to consolidate, until December 16, 1994 ( signed by Judge Peter J. Messitte November 30, 1994) (c/m 11/30/94-ems) (mdd, Deputy Clerk) (Entered: 12/02/1994)
94 MEMORANDUM by Mary Hunt in support of [91-1] motion to Compel. (c/s) (cag, Deputy Clerk) (Entered: 12/05/1994)
95 RESPONSE by Lois Meszaros, et al to [91-1] motion of plaintiffs to Compel. (c/s Kenkel & chambers) (cag, Deputy Clerk) (Entered: 12/06/1994)
96 MEMORANDUM IN RESPONSE by Lois Meszaros, et al to [91-1]

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12/05/1994 12/08/1994 12/14/1994 12/16/1994 12/22/1994
12/22/1994 12/30/1994 12/30/1994
01/10/1995
01/11/1995 01/20/1995

motion of Plaintiffs to Compel. (c/s Kenkel & Chambers) (cag, Deputy Clerk) (Entered: 12/06/1994)
97 REPLY by Lois Meszaros, et al to response of Plaintiffs to [85-1] motion of Defendants for Protective Order. (c/s Kenkel & Chambers) (cag, Deputy Clerk) (Entered: 12/06/1994)
98 MEMORANDUM IN REPLY by all Plaintiffs to response of Defendants to to [91-1] motion of Plaintiffs to Compel. (c/s M/J Kenkel & Chambers) (mdd, Deputy Clerk) (Entered: 12/09/1994)
99 ORDER dated 12/9/94 granting in part, denying in part [91-1] motion of Plaintiffs to Compel; and granting in part, denying in part [85-1] motion of Defendants for Protective Order ( signed by Magistrate Judge James E. Kenkel ) (c/m 12/9/94cc) (lad, Deputy Clerk) (Entered: 12/19/1994)
100 MEMORANDUM by Plaintiffs in opposition to [86-1] motion of Defendants to Consolidate Cases PJM-91-2564, K-93-3679, K-94-1107 and PJM-94-880, and Exhibits 1-8. (c/s) (mdd, Deputy Clerk) (Entered: 12/20/1994)
101 AMENDED MEMORANDUM AND ORDER Granting in part, Denying in part [91-1] motion of Plaintiffs to Compel, as therein set forth; Granting [76-1] motion of Plaintiff for Leave to File Amended Complaint (signed by Magistrate Judge James E. Kenkel 12/22/94) (c/m 12/22/94) (mdd, Deputy Clerk) Modified on 12/29/1994 (Entered: 12/29/1994)
102 AMENDED COMPLAINT by All Plaintiffs, amending [1-1] complaint. (mdd, Deputy Clerk) (Entered: 12/29/1994)
103 STIPULATION by all Plaintiffs, and all Defendants to Extend Time to file an answer or other responsive pleading, to Plaintiffs' Amended Complaint, to and including January 11, 1995 . (mdd, Deputy Clerk) (Entered: 01/09/1995)
103 ORDER Granting [103-1] STIPULATION to Extend Time to file an answer or other responsive pleading, to Plaintiffs' Amended Complaint, to and including January 11, 1995; Reset Answer deadline to 1/11/95 for State of Maryland, for Nelson Sabatini, for Allan Radinsky, for Lois Meszaros ( signed by Judge Peter J. Messitte 12/30/94). (c/m 12/30/94ems) (mdd, Deputy Clerk) (Entered: 01/09/1995)
104 REPLY MEMORANDUM by Lois Meszaros, Allan Radinsky, Nelson Sabatini, State of Maryland in support of [86-1] motion of Defendants to Consolidate Cases PJM-91-2564, K-93-3679, K-94-1107 and PJM-94880, and Exhibit 1. (c/s) (mdd, Deputy Clerk) Modified on 01/18/1995 (Entered: 01/18/1995)
105 ANSWER by Lois Meszaros, Allan Radinsky, Nelson Sabatini, State of Maryland (Attorney J. Joseph Curran Jr.) to amended complaint. (c/s) (mdd, Deputy Clerk) (Entered: 01/18/1995)
106 MOTION by State of Maryland and Jack Buffington, Theodore Bunchk, Ph.D., Martin P. Wasserman, M.D., for appropriate relief , and Exhibits

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01/23/1995 01/26/1995 02/15/1995 02/21/1995
03/03/1995 03/09/1995 03/09/1995 03/10/1995 03/15/1995

1-6. (c/s) (mdd, Deputy Clerk) (Entered: 01/24/1995)
Telephonic conference held before Kaufman, S. J. (Taped in chambers) (rank, Deputy Clerk) (Entered: 02/01/1995)
107 MEMORANDUM AND ORDER "DIRECTING" the Plaintiffs to file with the Court, no later than 10 days from the date of this order, a detailed description of all documents designated as "transfer documents" sought to be disclosed in plaintiff's request #5, all pending further order of the court ( signed by Magistrate Judge James E. Kenkel 1/26/95). (c/m 1/26/95-cc) (mdd, Deputy Clerk) (Entered: 01/30/1995)
108 CORRESPONDENCE addressed to Judges Kaufman and Messitte from Counsel for Plaintiff, in reference to Motion for Class Certification, in that Plaintiff is willing to withdraw same. (received by Chambers 2/7/95) (mdd, Deputy Clerk) (Entered: 02/21/1995)
109 MEMORANDUM AND ORDER dated 2/10/95 "DIRECTING" Counsel to submit a Joint Written Status report on or before 2/24/95; "DIRECTING" that all discovery in this case shall be completed by 10/16/95 and all motions shall be filed by 11/16/95 as therein set forth; "CONSOLIDATING" PJM-91-2564, K-93-3679, PJM-94-880 and K-941107 for the purposes of discovery and for filing of motions, responses and rebuttals as therein set forth; "SCHEDULING" a final motions hearing and pretrial conference for 2/15/96 as therein set forth; "SCHEDULING" Trial as therein set forth; "DENYING" without prejudice any and all motions pending in these cases subject to their being timely renewed; and "DIRECTING" that Magistrate Judge Blake will undertake to handle all further coordination and direction of discovery as therein more particularily set forth ( signed by Judge Peter J. Messitte ) (c/m 2/15/95dc) (lad, Deputy Clerk) Modified on 09/25/2001 (Entered: 03/08/1995)
110 JOINT STATUS REPORT by All Parties. (c/s) (mdd, Deputy Clerk) (Entered: 03/08/1995)
111 NOTICE of attorney appearance for Mary Hunt, Matroy Foster, Michael Wade, Timothy Wade, John McClelland, Sarah Howvitz by Andrew L. Lipps, Lawrence R. Freedman. (mdd, Deputy Clerk) (Entered: 03/14/1995)
115 MOTION by Plaintiffs for Adam M. Shayne and Kristen S. Kinkopf to Appear Pro Hac Vice . (received in Chambers 3/9/95) (mdd, Deputy Clerk) (Entered: 03/20/1995)
112 MEMORANDUM AND ORDER Granting [91-1] motion of Plaintiff to Compel Production of Documents; Granting in part, Denying in part [106-1] motion of Defendants for appropriate relief, "GRANTING" leave to redact, as therein set forth (signed by Magistrate Judge James E. Kenkel 3/10/95). (c/m 3/10/95 cc) (mdd, Deputy Clerk) (Entered: 03/15/1995)
113 PROTECTIVE ORDER, by and between all parties, "APPROVING"

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03/15/1995
03/15/1995 03/17/1995 03/17/1995 03/23/1995 03/23/1995
03/24/1995 03/24/1995 03/29/1995 04/07/1995

Terms and Conditions of Parties, Re: Confidential Information, as therein more particularly set forth ( signed by Judge Frank A. Kaufman 3/15/95). (c/m 3/15/95 dc) (mdd, Deputy Clerk) (Entered: 03/20/1995)
114 ORDER Re: Protective Order [113], "DIRECTING" that any member of the public, including any member of the press, may request the unsealing of the documents referred to in that said Order by filing a written motion in this case in this Court on or before March 22, 1995, as therein set forth (signed by Sr. Judge Frank A. Kaufman 3/15/95). (c/m 3/15/95 dc) (mdd, Deputy Clerk) (Entered: 03/20/1995)
116 ORDER Granting [115-1] motion of Plaintiffs for Adam M. Shayne and Kristen S. Kinkopf to Appear Pro Hac Vice ( signed by Judge Peter J. Messitte 3/13/95). (c/m 3/15/95 by Chambers) (mdd, Deputy Clerk) (Entered: 03/20/1995)
117 MOTION with memorandum in support by Mary Hunt to Compel Production of Selected Resident Files from Defendants , and Exhibits A & B. (mdd, Deputy Clerk) (Entered: 03/22/1995)
118 MEMORANDUM by Lois Meszaros, Allan Radinsky, Nelson Sabatini, State of Maryland Concerning the Methodology to be Used to Select the Representative Sample of Institutionalized Persons in Hunt V. Meszaros, and attachment. (c/s) (mdd, Deputy Clerk) (Entered: 03/22/1995)
119 MOTION by Lois Meszaros, Allan Radinsky, Nelson Sabatini, State of Maryland to Strike Appearance of Daniel O'Brien, and Substitute Attorney Kathleen A. Morse, as Co-Counsel . (mdd, Deputy Clerk) (Entered: 03/29/1995)
119 ORDER granting [119-1] motion of Plaintiff to Strike Appearance of Daniel O'Brien, and Substitute Attorney Kathleen A. Morse, as CoCounsel. Terminated attorney Daniel J. O'Brien for State of Maryland, for Nelson Sabatini, for Allan Radinsky, for Lois Meszaros. Added A. Morse ( signed by Judge Peter J. Messitte 3/21/95). (c/m 3/23/95 by Chambers) (mdd, Deputy Clerk) (Entered: 03/29/1995)
120 RESPONSE by Lois Meszaros, Allan Radinsky, Nelson Sabatini, State of Maryland in opposition to [117-1] motion to Compel Production of Selected Resident Files from Defendants (lad, Deputy Clerk) (Entered: 03/31/1995)
121 Reply by Mary Hunt, Matroy Foster, Michael Wade, Timothy Wade, John McClelland, Sarah Howvitz to [118-1] memorandum concerning the Methodology to be used to select the Representative Sample of Institutionalized Persons in Hunt V. Meszaros. (c/s) (lad, Deputy Clerk) (Entered: 03/31/1995)
122 AFFIDAVIT by Plaintiffs of Tony Records Re: [117-1] motion of Plaintiffs to Compel Production of Selected Resident Files from Defendants. (mdd, Deputy Clerk) (Entered: 04/05/1995)
123 RESPONSE by Intervenor Great Oaks Association in opposition to

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04/11/1995 04/21/1995 04/24/1995 04/24/1995
04/24/1995 04/24/1995 04/24/1995 04/24/1995 04/25/1995 05/01/1995 05/04/1995 06/08/1995

Request of Plaintiff for Inspection of Premises. (c/s) (mdd, Deputy Clerk) (Entered: 04/13/1995)
124 SECOND JOINT STATUS REPORT by all parties. (c/s) (mdd, Deputy Clerk) Modified on 05/03/1995 (Entered: 04/18/1995)
125 MEMORANDUM by Great Oaks Association in response to Request of Plaintiffs for Inspection of Premises. (c/s) (mdd, Deputy Clerk) Modified on 05/03/1995 (Entered: 04/27/1995)
126 ORDER/LETTER to Counsel, re: Motion of Plaintiffs to Compel (signed by Magistrate Judge Catherine C. Blake 4/24/95). (c/m 4/21/95 bc) (mdd, Deputy Clerk) Modified on 05/03/1995 (Entered: 04/27/1995)
127 ORDER Granting [117-1] motion of Plaintiffs to Compel Production of Selected Resident Files from Defendants; "FURTHER ORDERING" that defendants produce complete files and make available forthwith to plaintiffs the Individual Habilitation Plans, as therein set forth (signed by Magistrate Judge Catherine C. Blake 4/21/95). (c/m 4/21/95 bc) (mdd, Deputy Clerk) Modified on 05/03/1995 (Entered: 04/27/1995)
128 SUPPLEMENTAL MEMORANDUM by Great Oaks Association in response to Request of Plaintiffs for Inspection of Premises, and attachments. (c/s) (mdd, Deputy Clerk) Modified on 05/03/1995 (Entered: 04/27/1995)
129 MEMORANDUM by Plaintiffs in support of Inspection of Premises, and Exhibits A-G. (c/s) (mdd, Deputy Clerk) Modified on 05/03/1995 (Entered: 04/27/1995)
130 MEMORANDUM of Catherine C. Blake "REFERRING CASE", Re: Discovery, to Magistrate Judge Catherine C. Blake. () (mdd, Deputy Clerk) (Entered: 05/03/1995)
131 MEMORANDUM by Defendants Concerning Request for Inspection, (in opposition to [117-1] motion of Plaintiffs to Compel Production of Selected Resident Files from Defendants), and attachments. (c/s) (mdd, Deputy Clerk) (Entered: 05/03/1995)
132 REPLY by Defendants to [129-1] Memorandum in Support of Plaintiffs in Support of Request for Inspection of Premises. (c/s M/J Kenkel/Chambers) (mdd, Deputy Clerk) (Entered: 05/03/1995)
133 RPLEY MEMORANDUM by Mary Hunt, Matroy Foster in support of their Motion to compel inspection fo premises and Exhibit A. (c/s) (rank, Deputy Clerk) (Entered: 05/04/1995)
134 SUPPLEMENTAL RESPONSE by Defendants to Request of Plaintiffs for Inspection of Premises. (c/s) (mdd, Deputy Clerk) (Entered: 05/11/1995)
135 Declaration of Nancy Ray, and attachments. (faxed copy of signature) (c/s) (mdd, Deputy Clerk) (Entered: 06/14/1995)

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06/12/1995
06/26/1995 08/15/1995 08/22/1995 08/22/1995 08/22/1995
08/29/1995 09/01/1995 09/05/1995
09/08/1995 09/13/1995

136 MEMORANDUM and ORDER " PERMITTING" plaintiffs experts to tour the institutions upon reasonable notice as therein more particularly set forth; "DENYING" Intervenors' request to have a guardian or family member present as therein set forth ; and "DENYING" Intervenors' request for a Court-appointed expert, as therein more particularly set forth ( signed by Magistrate Judge Catherine C. Blake ) dated July 12, 1995 (c/m by chambers 6/12/95 bc) (rank, Deputy Clerk) (Entered: 07/25/1995)
137 MOTION with memorandum in support by plaintiffs, Mary Hunt et al. to Compel Production of Documents , Local Rule 104.7 and Exhibits A thru D. (sls, Deputy Clerk) Modified on 07/25/1995 (Entered: 06/26/1995)
138 MOTION with memorandum in support by Great Oaks Asso. for Leave to File Complaint , and to Change Intervenor's Status . (c/s) (mdd, Deputy Clerk) (Entered: 08/15/1995)
CASE reassigned to Judge Catherine C. Blake from Judge Messitte. (lad, Deputy Clerk) (Entered: 08/22/1995)
139 CORRESPONDENCE mailed to counsel re: reassignment. (lad, Deputy Clerk) (Entered: 08/22/1995)
140 MOTION with memorandum in support by Plaintiffs in Limine to Prohibit Intervenor Great Oaks Association from Introducing Certain Evidence at Trial for Failure to Comply with Discovery Requests , and Exhibits A-E. (c/s M/J Blake) (mdd, Deputy Clerk) (Entered: 08/23/1995)
141 MEMORANDUM by plaintiffs in opposition to [138-1] motion of intervenor for Leave to File Complaint and [138-2] motion to Change Intervenor's Status and exhbiits A thru G. (c/s) (mdd, Deputy Clerk) (Entered: 09/01/1995)
142 MOTION by Great Oaks Asso. for Leave to File amended complaint , and to change intervenor's status and exhibits 1 thru 14. (c/s) (filed seperately) (mdd, Deputy Clerk) Modified on 09/06/1995 (Entered: 09/06/1995)
143 MEMORANDUM by Great Oaks Asso. in opposition to [140-1] motion of Great Oaks Association in Limine to Prohibit Intervenor Great Oaks Association from Introducing Certain Evidence at Trial for Failure to Comply with Discovery Requests. (c/s) (mdd, Deputy Clerk) (Entered: 09/07/1995)
144 MOTION with memorandum in support by plaintiffs Foster to Compel disclosures of informer's identities and informant files and attachments. (c/s) (mdd, Deputy Clerk) (Entered: 09/12/1995)
145 Local Rule, 104.7 and 37 - MOTION by Mary Hunt, Matroy Foster, Michael Wade, Timothy Wade, John McClelland, Sarah Howvitz to Compel Production of Documents (a) Defendants opposition to plaintiffs motion to compel;(b) plaintiff's second motion to compel; (c) Plaintiffs

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09/15/1995 09/18/1995 09/18/1995
09/25/1995 09/25/1995 09/27/1995 09/27/1995
10/03/1995 10/04/1995 10/06/1995
10/06/1995

reply memorandum in support of motion to compel; and (d) answer of defendants to plaintiffs reply memorandum in support of motion to compel;(c/s) (slf, Deputy Clerk) (Entered: 09/15/1995)
CASE NO LONGER REFERRED TO Magistrate Judge Catherine C. Blake (slf, Deputy Clerk) (Entered: 09/15/1995)
146 MOTION by defendants to Extend Time for defendants to reply to palintiffs' amended motion for leave to file complaint and change intervenor's status . (mdd, Deputy Clerk) (Entered: 09/18/1995)
146 ORDER granting [146-1] motion of defendants to Extend Time for defendants to reply to palintiffs' amended motion for leave to file complaint and change intervenor's status to and including September 25, 1995 ( signed by Judge Catherine C. Blake September 18, 1995) (c/m 9/18/95-bj) (mdd, Deputy Clerk) (Entered: 09/18/1995)
147 RESPONSE by defendants to [142-1] motion of intervenor for Leave to File amended complaint and [142-2] motion to change intervenor's status. (mdd, Deputy Clerk) (Entered: 09/26/1995)
147 REPLY by of defendants to response of plaintiffs to [138-1] motion of intervenor for Leave to File Complaint. (c/s) (mdd, Deputy Clerk) (Entered: 09/26/1995)
148 JOINT MOTION to Extend Time for defendant to file a response to plaintiffs' motion to compel disclosure of informants' identities and informants' files . (mdd, Deputy Clerk) (Entered: 09/27/1995)
148 ORDER granting [148-1] joint motion to Extend Time for defendant to file a response to plaintiffs' motion to compel disclosure of informants' identities and informants' files to October 2, 1995 (signed by Judge Catherine C. Blake September 26, 1995) (c/m 9/27/95-kam) (mdd, Deputy Clerk) (Entered: 09/27/1995)
149 RESPONSE by defendants to [144-1] motion of plaintiff to Compel disclosures of informer's identities and informant files and exhibits. (exhibits sealed). (c/s) (mdd, Deputy Clerk) (Entered: 10/03/1995)
150 REPLY MEMORANDUM by plaintiffs in opposition to [142-1] motion of plaintiffs for Leave to File amended complaint and [142-2] motion of plaintiffs to change intervenor's status. (c/s) (mdd, Deputy Clerk) (Entered: 10/04/1995)
151 REPLY by Great Oaks Asso. to response of defendants to [142-1] motion of Great Oaks Assoc. for Leave to File amended complaint, [142-2] motion to change intervenor's status and exhibits 1 thru 2. (c/s) (FILED SEPERATELY) (mdd, Deputy Clerk) Modified on 10/06/1995 (Entered: 10/06/1995)
151 REPLY by Great Oaks Asso. to response of plaintiff to [142-1] motion of Great Oaks Assoc. for Leave to File amended complaint, [142-2] motion to change intervenor's status and exhibits 1 thru 2. (c/s) (FILED SEPERATELY) (mdd, Deputy Clerk) (Entered: 10/06/1995)

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10/17/1995 10/18/1995 10/19/1995 10/20/1995 10/20/1995
10/20/1995 11/06/1995 11/08/1995
11/08/1995 11/13/1995 11/13/1995
12/13/1995

152 REPLY MEMORANDUM by plaintiffs in support of [144-1] motion of plaintiffs to Compel disclosures of informer's identities and informant files and exhibits. (c/s) (exhibits sealed) (mdd, Deputy Clerk) (Entered: 10/18/1995)
Status conference held before Blake, J. re: scheduling of discovery dates and potential trial dates (er: K. Moye') (mdd, Deputy Clerk) (Entered: 10/23/1995)
153 AMENDMENT PROTECTIVE ORDER "APPROVING" terms and condition of parties re: confidential information ( signed by Judge Catherine C. Blake October 19, 1995) (c/m 10/19/95-bc) (mdd, Deputy Clerk) (Entered: 10/20/1995)
154 JOINT MOTION by plaintiffs and defendants to Extend Time for plaintiffs to file a reply to defendants response to compel disclosure of informants' identities and informants' files . (mdd, Deputy Clerk) (Entered: 10/23/1995)
154 ORDER granting [154-1] joint motion to Extend Time for plaintiffs to file a reply to defendants response to compel disclosure of informants' identities and informants' files to October 20, 1995 (signed by Judge Catherine C. Blake October 19, 1995) (c/m 10/20/95-kam) (mdd, Deputy Clerk) (Entered: 10/23/1995)
155 AMENDED SCHEDULING ORDER ( signed by Judge Catherine C. Blake October 20, 1995) (c/m 10/20/95-bc) (mdd, Deputy Clerk) Modified on 10/23/1995 (Entered: 10/23/1995)
156 ORDER/LETTER "DIRECTING" counsel to clarify the status of defendants, Diane Ebberts and Robert Eastridge no later than November 17, 1995 ( signed by Judge Catherine C. Blake November 6, 1995) (c/m 11/6/95-vl) (mdd, Deputy Clerk) (Entered: 11/07/1995)
Motion hearing re: [144-1] motion of plaintiff to Compel disclosures of informer's identities and informant files, [145-1] motion of plaintiff to Compel Production of Documents - argued - held sub-curia. (er: K. Moye') (mdd, Deputy Clerk) Modified on 11/09/1995 (Entered: 11/09/1995)
Counsel for plaintiff's were directed to provide the court with documents from CCB-94-880 and CCB-91-2564 so the court may review them in camera. (mdd, Deputy Clerk) (Entered: 11/09/1995)
157 MOTION by Great Oaks Asso. to Substitute Attorney . (mdd, Deputy Clerk) (Entered: 11/13/1995)
157 ORDER granting [157-1] motion of Great Oaks Association to Substitute Attorney; terminated attorney Benjamin F. Lucas for Great Oaks Asso.; and Added Martin J. Shuham ( signed by Judge Catherine C. Blake November 13, 1995) (c/m 11/13/95-bj) (mdd, Deputy Clerk) (Entered: 11/13/1995)
158 ORDER "DIRECTING" that the protective order now in effect does not

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12/28/1995 12/29/1995 01/03/1996 01/03/1996 01/22/1996 01/23/1996 01/23/1996 02/08/1996 02/09/1996
02/09/1996
02/12/1996

prohibit a party to this action who is a party to the State administrative hearing from seeking the introduction of documents; and "DIRECTING" that the stipulation shall not be construed as a waiver of any objections to the introduction of these documents at the State administrative hearing or shall not prohibit similar protective order from the Maryland Officer of Administrative hearings ( signed by Judge Catherine C. Blake nunc pro tunc December 2, 1995) (c/m 12/13/95-kam) (mdd, Deputy Clerk) Modified on 05/07/1996 (Entered: 12/14/1995)
Status conference held before Blake, J. re: reschduling of dates and filings of motions. (er: K. Moye') (mdd, Deputy Clerk) (Entered: 12/28/1995)
159 SUPPLEMENTAL SCHEDULING ORDER ( signed by Judge Catherine C. Blake December 28, 1995) (c/m 12/28/95-bc) (mdd, Deputy Clerk) (Entered: 12/29/1995)
160 JOINT MOTION by all parties to Amend [159-1] Scheduling order . (mdd, Deputy Clerk) (Entered: 01/03/1996)
160 ORDER granting [160-1] joint motion to Amend [159-1] Scheduling order ( signed by Judge Catherine C. Blake) (c/m 1/3/96-bc) (mdd, Deputy Clerk) (Entered: 01/03/1996)
161 MOTION with memorandum in support by Great Oaks Asso. for class certification . (c/s) (mdd, Deputy Clerk) (Entered: 01/23/1996)
162 MOTION with memorandum in support by plaintiffs for class action certification in Hunt v. Meszaros and attachments. (c/s) (mdd, Deputy Clerk) (Entered: 01/24/1996)
163 MOTION with memorandum in support by Wasserman, Ebberts and Bunck to Dismiss , or in the alternative to Stay the proceeding and exhibits. (exhibits sealed) (mdd, Deputy Clerk) (Entered: 01/24/1996)
164 MEMORANDUM RESPONSE by Great Oaks Asso. to [162-1] motion by Plaintiffs for class action certification. (c/s) (cag, Deputy Clerk) (Entered: 02/08/1996)
165 MEMORANDUM by Mary Hunt, Matroy Foster, Michael Wade, Timothy Wade, John McClelland, Sarah Howvitz in opposition to [1611] motion for class certification by Great Oaks Asso. (c/s) (slf, Deputy Clerk) (Entered: 02/13/1996)
166 SEALED - MEMORANDUM by Mary Hunt, Matroy Foster, Michael Wade, Timothy Wade, John McClelland, Sarah Howvitz in opposition to [163-1] motion to Dismiss, [163-2] motion to Stay the proceeding, deposition excerpts, and exhibits 1-58. (file separately) (slf, Deputy Clerk) (Entered: 02/13/1996)
167 SEALED - RESPONSE by Lois Meszaros, Allan Radinsky, Nelson Sabatini, State of Maryland, Great Oaks Asso. in opposition to [162-1] motion for class action certification in Hunt v. Meszaros by Matroy Foster, Mary Hunt (file separately) (slf, Deputy Clerk) (Entered:

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02/14/1996 02/15/1996 02/21/1996 02/23/1996
03/06/1996 03/08/1996
03/19/1996 03/19/1996 04/23/1996 05/07/1996

02/13/1996)
168 SEALED - Local Rule 104.7 - MOTION with memorandum in support by Lois Meszaros, Allan Radinsky, Nelson Sabatini, State of Maryland to Compel Response to Interrogatories with exhibits (c/s) (slf, Deputy Clerk) (Entered: 02/14/1996)
169 REPLY MEMORANDUM by plaintiffs in support of their [162-1] motion for class action certification (c/s) (mdd, Deputy Clerk) (Entered: 02/20/1996)
170 REPLY by defendants to response of plaintiffs to [163-1] motion of defendants to Dismiss, [163-2] motion to Stay the proceeding and attachments. (c/s) (sealed) (mdd, Deputy Clerk) (Entered: 02/23/1996)
Motion hearing before Blake, J. re: [163-1] motion of Wasserman, Elberts and Bunck to Dismiss - argued - "held sub-curia", for reasons in stated in open court; [162-1] motion of plaintiff for class action certification in Hunt v. Meszaros by Matroy Foster and Mary Hunt argued - "held sub curia", for reasons states in open court (er: K. Moye') (mdd, Deputy Clerk) (Entered: 03/12/1996)
171 MOTION with memorandum in support by defendants for Summary Judgment , or in the alternative for partial Summary Judgment and attachments. (sealed, boxed and placed under CCB-94-880) (mdd, Deputy Clerk) Modified on 04/13/1998 (Entered: 03/07/1996)
172 MEMORANDUM AND ORDER granting [168-1] motion of defendants to Compel Response to Interrogatories with exhibits; denying [163-1] motion of defendants to Dismiss; granting [163-2] motion of defendants to Stay the proceeding; "CANCELLING" the trial date; "DIRECTING" counsel of both sides to submit a status report by June 30, 1996; denying [162-1] motion of plaintiffs for class action certification in Hunt v. Meszaros; denying [161-1] motion of intervenors for class certification; denying [142-1] motion of intervenors` for Leave to File amended complaint and denying [142-2] motion of intervenors to change intervenor's status ( signed by Judge Catherine C. Blake March 8, 1996) (c/m 3/8/96-bc) (mdd, Deputy Clerk) (Entered: 03/12/1996)
173 Letter MOTION by plaintiffs to Extend Time to respond to the defendants' summary judgment motion . (mdd, Deputy Clerk) (Entered: 03/20/1996)
173 ORDER granting [173-1] motion of plaintiffs to Extend Time to respond to the defendants' summary judgment motion for an additional two weeks ( signed by Judge Catherine C. Blake March 19, 1996) (c/m 3/19/96-bc) (mdd, Deputy Clerk) (Entered: 03/20/1996)
174 MOTION with memorandum in support for Leave to File limited amicus brief and exhibit A thru B. (c/s) (mdd, Deputy Clerk) (Entered: 04/23/1996)
175 MOTION by plaintiffs for interim award of Attorney Fees and expenses

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05/13/1996 05/16/1996 05/17/1996 05/17/1996 05/17/1996 07/01/1996 09/30/1996 01/23/1998 01/30/1998
02/10/1998
02/19/1998 03/18/1998 03/31/1998

and attachments. (c/s) (sealed) (mdd, Deputy Clerk) Modified on 05/07/1996 (Entered: 05/07/1996)
176 RESPONSE by defendants in opposition to [174-1] motion for Leave to File limited amicus brief and attachments. (c/s) (mdd, Deputy Clerk) (Entered: 05/14/1996)
177 REPLY of United States to response of States' to [174-1] motion of United States for Leave to File limited amicus brief. (c/s) (mdd, Deputy Clerk) (Entered: 05/16/1996)
178 ORDER granting [174-1] motion of United States for Leave to File limited amicus brief ( signed by Judge Catherine C. Blake May 16, 1996) (c/m 5/16/96-bc) (mdd, Deputy Clerk) (Entered: 05/20/1996)
179 MEMORANDUM by United States in support of plaintiffs' motion for partial summary judgment. (received on 4/23/96) (mdd, Deputy Clerk) Modified on 05/20/1996 (Entered: 05/20/1996)
179 MEMORANDUM by United States in opposition to [171-1] motion of defendants for Summary Judgment and [171-2] motion of defendants for partial Summary Judgment. (mdd, Deputy Clerk) (Entered: 05/20/1996)
180 STATUS REPORT by State of Maryland. (c/s) (sealed) (mdd, Deputy Clerk) (Entered: 07/01/1996)
181 RESPONSE by State of Maryland in opposition to plaintiff's petitoner for interim award of attorneys' fees and expenses. (c/s) (mdd, Deputy Clerk) (Entered: 10/01/1996)
182 MEMORANDUM "SETTING" Date for Hearing. ( signed by Judge Catherine C. Blake 1/22/98 ) (c/m 1/22/98-Chambers) (jlb, Deputy Clerk) (Entered: 01/23/1998)
183 ORDER "GRANTING" Defense Counsel's request for postponement and "RESCHEDULING" hearing on mootness and attorneys' fee to 4/10/98. ( signed by Judge Catherine C. Blake 1/30/98 ) (c/m 1/30/98-bc) (jlb, Deputy Clerk) (Entered: 01/30/1998)
184 MEMORANDUM TO COUNSEL RE: Rescheduling of Hearing and Advising Counsel to promptly respond to their availability. ( signed by Judge Catherine C. Blake 2/10/98 ) (c/m 2/10/98-Chambers) (jlb, Deputy Clerk) (Entered: 02/10/1998)
185 MEMORANDUM "RESCHEDULING" Date for Hearing. ( signed by Judge Catherine C. Blake 2/19/98 ) (c/m 2/19/98-Chambers) (jlb, Deputy Clerk) (Entered: 02/19/1998)
186 SUPPLEMENT PETITION by Mary Hunt, et al for Award of Attorney Fees and Expenses and Exhibits. (c/s) (jlb, Deputy Clerk) (Entered: 03/18/1998)
187 ORDER denying without Prejudice [171-1] motion of Defendants for Summary Judgment, denying [171-2] motion for partial Summary

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04/17/1998
03/11/1999 03/25/1999 03/25/1999 03/25/1999 03/25/1999
04/22/1999 04/26/1999 05/05/1999 05/12/1999 06/11/1999

Judgment and "DIRECTING" the Court would like to have argument on the pending Motion for an interim award of Attorneys' fees, filed 5/7/96 and on the issue of Mootness raised by the Defendants in their Motion to Dismiss. ( signed by Judge Catherine C. Blake 3/31/98 ) (c/m 4/1/98-bc) (jlb, Deputy Clerk) Modified on 04/13/1998 (Entered: 04/02/1998)
Motion hearing held before Blake, J. re: [175-1] motion for interim award of Attorney Fees and expenses by Matroy Foster, Mary Hunt, and [1632] motion to Stay the proceeding - Argument of Counsel - Stipulation by both parties to dismiss this action (Formal stipulation to be drafted by counsel for the court's signature). (Court Reporter: Paul Mackaro) (kam, Deputy Clerk) (Entered: 04/20/1998)
188 MEMORANDUM TO COUNSEL: RE: Agreement for a voluntary dismissal of this case. ( signed by Judge Catherine C. Blake 3/11/99 ) (c/m 3/11/99-Chambers) (jlb, Deputy Clerk) (Entered: 03/11/1999)
189 STIPULATION of dismissal and APPROVAL. ( signed by Judge Catherine C. Blake 3/25/99 ) (c/m 3/25/99-bc) (MICROFILMED 3/26/99) (jlb, Deputy Clerk) (Entered: 03/26/1999)
Case closed (jlb, Deputy Clerk) (Entered: 03/26/1999)
190 MEMORANDUM ( signed by Judge Catherine C. Blake 3/25/99 ) (c/m 3/25/99-bc) (jlb, Deputy Clerk) (Entered: 03/26/1999)
191 ORDER DENYING [175-1] motion of Plaintiff for interim award of Attorney Fees and expenses, DENYING [186-1] Supplemental motion for Award of Attorney Fees and Expenses. ( signed by Judge Catherine C. Blake 3/25/99 ) (c/m 3/25/99-bc) (jlb, Deputy Clerk) (Entered: 03/26/1999)
192 NOTICE OF APPEAL by Mary Hunt, Matroy Foster, Michael Wade, Timothy Wade, John McClelland, Sarah Howvitz . Fee Status: (Filing fee paid) Appeal record due on 5/22/99 (c/s) (mdd, Deputy Clerk) (Entered: 04/26/1999)
Notice of appeal and certified copy of docket to USCA: [192-1] appeal by Sarah Howvitz, John McClelland, Timothy Wade, Michael Wade, Matroy Foster, Mary Hunt (Appeal forms mailed to counsel) (mdd, Deputy Clerk) (Entered: 04/26/1999)
USCA Case Number Re: [192-1] appeal by Sarah Howvitz, John McClelland, Timothy Wade, Michael Wade, Matroy Foster, Mary Hunt USCA NUMBER: 99-1560 (Case Mgr. Carina Domeika) (mdd, Deputy Clerk) (Entered: 05/05/1999)
USCA Case Number Re: [192-1] appeal by Sarah Howvitz, John McClelland, Timothy Wade, Michael Wade, Matroy Foster, Mary Hunt USCA NUMBER: 99-1560 (mdd, Deputy Clerk) (Entered: 05/12/1999)
193 ORDER of USCA "GRANTING" motion of Great Oaks Association, Inc. to be designated as an appellee (c/s) (sls, Deputy Clerk) (Entered: 06/11/1999)

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06/19/2000 06/11/2001

194 JUDGMENT OF USCA (certified copy) "AFFIRMING" the judgment of the District Court, copy of opinion attached hereto. Re: [192-1] appeal by Sarah Howvitz, John McClelland, Timothy Wade, Michael Wade, Matroy Foster, Mary Hunt (mdd, Deputy Clerk) (Entered: 06/20/2000)
195 ORDER of the US Supreme Court denying petition for a writ of certiorari. (c/s) (ko, Deputy Clerk) (Entered: 06/11/2001)

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