Case: U.S. v. Tennessee

2:92-cv-02062 | U.S. District Court for the Western District of Tennessee

Filed Date: Jan. 21, 1992

Closed Date: 2015

Clearinghouse coding complete

Case Summary

In December of 1990, the United States Department of Justice, pursuant to the Civil Rights of Institutionalized Persons Act (CRIPA), 42 U.S.C. § 1997 et al, investigated the Arlington Developmental Center (ADC) in Tennessee. The investigation revealed that conditions in the facility seriously threatened the health and safety of its developmentally delayed residents. The Department of Justice found that residents were subject to abuse and neglect, inadequate medical care, an unsafe physical en…

On January 21, 1992, the United States Department of Justice filed a lawsuit against the State of Tennessee pursuant to CRIPA in the United States District Court for the Western District of Tennessee, alleging that the state had failed to provide humane conditions and adequate treatment at Arlington Developmental Center. The case was styled United States v. Tennessee, Civ. No. 92-2062. (W.D.Tenn.1992)(''the United States case").

The case followed a similar action that was filed against the ADC by private plaintiffs, styled People First of Tennessee v. Arlington Developmental Ctr., No. 92-2213 (W.D.Tenn.1992)(''People First case'') (See ID-TN-1 of this collection).

On August 7, 1992, the District Court (Judge Jon Phipps McCalla) denied the state's motion for summary judgment in the United States case. U.S. v. Tennessee, 798 F.Supp.483 (W.D. Tenn. 1992).

A lengthy trial in the United States case began on August 30, 1993 and continued through October 1993. On November 22, 1993, the Court (Judge McCalla) made issued an oral ruling against the defendants, finding that the conditions at ADC violated the due process rights of the residents. Written findings of fact were issued by the Court on February 18, 1994. On September 2, 1994 entered a detailed remedial order to correct the violations the Court found. The order called for the appointment of a monitor. Linda R. O'Neall, Ph.D. was subsequently appointed to that position.

On June 30, 1995, Judge McCalla issued an emergency order after the monitor reported that a state of medical emergency existed at the facility. After the state failed to comply with the emergency order, the court entered a preliminary injunction on July 21, 1995 required the center to hire a Developmental Medicine Physician, additional physicians for overnight coverage, additional nurses, and a full-time psychiatrist. On August 9, 1995, Judge McCalla found the state in contempt for failure to comply. In a reported opinion dated November 6, 1995, the court described the state's history of noncompliance in this matter and approved appropriate sanctions. United States v. Tennessee, 925 F.Supp. 1292 (W.D. Tenn. 1995).

On September 27, 1995, the Plaintiffs and the Intervenor in the People First case (ID-TN-1) were named as Intervenors in the United States case.

Defendants remained in contempt and on June 26, 1996 the court entered a stipulation and order whereby, in lieu of sanctions for contempt, the defendants agreed to develop three comprehensive plans addressing compliance with previous orders, downsizing the facility, and community placement of residents.

The court approved the State's proposed community placement plan on August 21, 1997. On June 28, 1999, the court ordered the creation of workgroups to facilitate implementation of the plan but later suspended the workgroups. The parties appealed the order suspending the workgroups and submitted a mediation settlement agreement. The District Court (Judge Bernice Bouie Donald) denied a motion to approve the settlement agreement on February 24, 2003. U.S. v. Tennessee, 256 F.Supp. 2d 768 (W.D. Tenn. 2003). The United States Court of Appeals for the Sixth Circuit (Judge Boyce F. Martin Jr.) vacated and remanded the decision of the district court on June 23, 2005. United States v. Tennessee, 143 Fed. Appx. 656 (6th Cir. 2005).

On May 16, 2006, the parties submitted a proposed settlement agreement to resolve various pending matters. The goal of the settlement, reached pursuant to the state's decision to close ADC, was to "ensure an orderly and careful closure of the ADC, the safe transition of Class Members presently living at ADC to community residences, and the accelerated development of a comprehensive network of services and supports for Class Members as they enter and live in the community." The court approved the settlement on Feb. 15, 2007. The settlement set out provisions relating to the transition of class members in light of ADC's closure, including the need for a specific closure plan and transition plan, support resources for families and class members, the development and improvement of community-based services and supports for class members, and improvement of individualized services provided to ADC residents. The settlement also provided for monitoring.

Over the next several years, litigation continued over the scope and enforcement of the settlement. On January 17, 2013, the court approved a joint exit plan. If the state completed the plan's requirements by the end of 2013, the court would dismiss the case with prejudice. The court dismissed the case and vacated all injunctive relief on December 3, 2013, finding that the state had complied with the exit plan.


2:92-cv-02062	Docket [PACER] USA v. State of Tennessee	April 6, 2015	April 6, 2015 Docket
	Memorandum re: Arlington Developmental Center Proposed S.10 Investigation No Court	June 18, 1990	June 18, 1990 Pleading / Motion / Brief
	Memorandum: Recommendation for Investigation of Arlington Developmental Center No Court	June 18, 1990	June 18, 1990 Justification Memo
	Notice Letter re: CRIPA Investigation of Arlington Developmental Center, Arlington, Tennessee No Court	July 11, 1990	July 11, 1990 Notice of Investigation or Suit/Demand Letter
2:92-cv-02062	Findings Letter re: CRIPA Investigation of Arlington Developmental Center, Arlington, Tennessee No Court	March 12, 1991	March 12, 1991 Findings Letter/Report
1 2:92-cv-02062	Complaint	Jan. 21, 1992	Jan. 21, 1992 Complaint
35 2:92-cv-02062	Order Denying Motion to Dismiss or in the Alternative Summary Judgment	Aug. 7, 1992	Aug. 7, 1992 Order/Opinion 798 F.Supp. 483
2:92-cv-02062	Order on Motion to Dismiss People First of Tennessee v. Arlington Developmental Center	Dec. 22, 1992	Dec. 22, 1992 Order/Opinion 878 F.Supp. 97
224 2:92-cv-02062	Opinion of the Court	Nov. 22, 1993	Nov. 22, 1993 Order/Opinion
251 2:92-cv-02062	Supplemental Findings of Fact	Feb. 18, 1994	Feb. 18, 1994 Order/Opinion

ECF Number	Date	Description	Link
1	Jan. 21, 1992	COMPLAINT (Summons(es) issued) ; (WMW) (csf). (Entered: 01/27/1992)	RECAP
2	Feb. 4, 1992	RETURN OF SERVICE executed upon defendant Evelyn C. Robertson Jr. on 1/30/92 (WMW) (csf). (Entered: 02/12/1992)	RECAP
3	Feb. 4, 1992	RETURN OF SERVICE executed upon defendant Mona Reeves-Winfrey on 1/29/92 (WMW) (csf). (Entered: 02/12/1992)	RECAP
4	Feb. 4, 1992	RETURN OF SERVICE executed upon defendant Ned McWherter on 1/29/92 (WMW) (csf). (Entered: 02/12/1992)	RECAP
5	Feb. 12, 1992	STIPULATION by plaintiff USA, defendant State of Tennessee, defendant Ned McWherter, defendant Evelyn C. Robertson Jr., defendant Mona Reeves-Winfrey enlarging time for defts. to respond (WMW) (csf). (Entered: 03/04/1992)	RECAP
6	March 4, 1992	MOTION by defendant State of Tennessee, defendant Ned McWherter, defendant Evelyn C. Robertson Jr., defendant Mona Reeves-Winfrey to dismiss, for summary judgment (WMW) (csf). (Entered: 03/04/1992)	RECAP
7	March 4, 1992	MEMORANDUM by defendant State of Tennessee, defendant Ned McWherter, defendant Evelyn C. Robertson Jr., defendant Mona Reeves-Winfrey in support of motion to dismiss [6-1], of motion for summary judgment [6-2] (WMW) (csf). (Entered: 03/04/1992)	RECAP
8	March 4, 1992	EXHIBIT to motion to dismiss (WMW) (csf). (Entered: 03/04/1992)	RECAP
9	March 4, 1992	COLLECTIVE EXHIBIT to motion to dismiss (WMW) (csf). (Entered: 03/04/1992)	RECAP
10	March 12, 1992	STIPULATION by plaintiff USA, defendant State of Tennessee, defendant Ned McWherter, defendant Evelyn C. Robertson Jr., defendant Mona Reeves-Winfrey re [6-2] extending (WMW) (Entered: 03/18/1992)	RECAP
11	April 9, 1992	SETTING LETTER ; Status conference 4/24/92, @ 3:00pm (WMW) (csf). (Entered: 04/14/1992)	RECAP
12	April 14, 1992	ORDER by Chief Judge Odell M. Horton resetting status conference set for 4/24/92. The court will reschedule. [entered & filed 04/14/92] (cc: all counsel) (WMW) (csf). (Entered: 04/14/1992)	RECAP
13	April 20, 1992	OPPOSITION by plaintiff USA to [6-1] (WMW) (csf). (Entered: 04/21/1992)	RECAP
14	April 20, 1992	MEMORANDUM by plaintiff USA in support of opposition (PLACED IN SEPARATE FOLDER) [13-1] (WMW) (csf). (Entered: 04/21/1992)	RECAP
15	May 4, 1992	REPLY BRIEF IN SUPPORT OF MOTION TO DISMISS AND/OR FOR SUMMARY JUDGMENT by defendant State of Tennessee, defendant Ned McWherter, defendant Evelyn C. Robertson Jr., defendant Mona Reeves-Winfrey (WMW) (csf). (Entered: 05/04/1992)	RECAP
16	May 15, 1992	SUPPLEMENTAL RESPONSE by plaintiff USA to [6-1] (WMW) (csf). (Entered: 05/15/1992)	RECAP
17	June 1, 1992	MOTION by defendant State of Tennessee, defendant Ned McWherter, defendant Evelyn C. Robertson Jr., defendant Mona Reeves-Winfrey for protective order (WMW) (csf). (Entered: 06/02/1992)	RECAP
18	June 1, 1992	MEMORANDUM by defendant State of Tennessee, defendant Ned McWherter, defendant Evelyn C. Robertson Jr., defendant Mona Reeves-Winfrey in support of motion for protective order [17-1] (WMW) (csf). (Entered: 06/02/1992)	RECAP
19	June 1, 1992	CERTIFICATE OF CONSULTATION by defendant State of Tennessee, defendant Ned McWherter, defendant Evelyn C. Robertson Jr., defendant Mona Reeves-Winfrey (WMW) (csf). (Entered: 06/02/1992)	RECAP
20	June 1, 1992	OBJECTIONS TO PLAINTIFF'S FIRST SET OF INTERROGATORIES by defendant State of Tennessee, defendant Ned McWherter, defendant Evelyn C. Robertson Jr., defendant Mona Reeves-Winfrey (WMW) (csf). (Entered: 06/02/1992)	RECAP
21	June 1, 1992	OBJECTIONS TO PLAINTIFF'S FIRST REQUEST TO PRODUCE DOCUMENTS AND REQUEST FOR ENTRY UPON LAND by defendant State of Tennessee, defendant Ned McWherter, defendant Evelyn C. Robertson Jr., defendant Reeves-Winfrey (WMW) (csf). (Entered: 06/02/1992)	RECAP
22	June 1, 1992	REPLY by defendant State of Tennessee, defendant Ned McWherter, defendant Evelyn C. Robertson Jr., defendant Mona Reeves-Winfrey re [16-1] (WMW) (csf). (Entered: 06/03/1992)	RECAP
23	June 11, 1992	SUPPLEMENTAL MEMORANDUM by defendant State of Tennessee, defendant Ned McWherter, defendant Evelyn C. Robertson Jr., defendant Reeves-Winfrey in support of motion for protective order [17-1] (WMW) (csf). (Entered: 06/17/1992)	RECAP
26	June 17, 1992	MEMORANDUM by plaintiff USA in opposition to motion for protective order [17-1] (WMW) (csf). (Entered: 06/24/1992)	RECAP
27	June 17, 1992	MOTION by plaintiff USA to set expedite hearing....on defts' motion to dismiss..... (WMW) (csf). (Entered: 06/24/1992)	RECAP
28	June 17, 1992	MEMORANDUM by plaintiff USA in support of motion to set expedite hearing....on defts' motion to dismiss..... [27-1] (WMW) (csf). (Entered: 06/24/1992)	RECAP
24	June 18, 1992	ORDER by Chief Judge Odell M. Horton Case reassigned to Judge Jon P. McCalla. Notice of transfer to all concerned. [entered on docket 6/18/92] (cc: all counsel) (WMW) Modified on 06/18/1992 (csf). (Entered: 06/18/1992)	RECAP
25	June 22, 1992	SUPPLEMENTAL RESPONSE by plaintiff USA to [6-1] (WMW) (csf). (Entered: 06/23/1992)	RECAP
29	July 2, 1992	DEFENDANTS' RESPONSE TO PLAINTIFF'S MEMORANDUM IN OPPOSITION TO DEFENDANTS' MOTION FOR A PROTECTIVE ORDER [26-1] by dfts (Former Emp) (csf). (Entered: 07/09/1992)	RECAP
30	July 20, 1992	ORDER SETTING ORAL ARGUMENT ON DEFENDANTS' MOTION TO DISMISS OR, IN THE ALTERNATIVE, FOR SUMMARY JUDGMENT by Judge Jon P. McCalla setting hearing on dft's motion to dismiss or in the alternative, for sumjgm [6-1] 9:00 am 7/24/92 (cc: all counsel) (Former Emp) (csf). (Entered: 07/20/1992)	RECAP
31	July 24, 1992	MINUTES: Oral argument on dft's motion to dimiss; Parties to proceed with discovery; govt's request to inspect property- granted (Former Emp) (csf). (Entered: 07/28/1992)	RECAP
32	July 27, 1992	ORDER ON DISCOVERY MOTIONS by Judge Jon P. McCalla for denying dfts' application for stay of discovery and for pla to redraft its interrogatories and submit w/in 14 days, no later than 8/7/92; pla, U.S. to proceed with 2 expedited depos; parties to submit to the Court a consent protective order by 7/31/92; pla, U.S. to be permitted to inspect the premises through 9/30/92; documents produced by dft, State of TN to be restricted to use in the proceedings and no patients to be identified in any document filed publicly with the Court Note: Dfts' application for stay of discovery not filed in Clerk's office. (cc: all counsel) (Former Emp) Modified on 09/04/1992 (csf). (Entered: 07/28/1992)	RECAP
33	Aug. 3, 1992	STIPULATION and ORDER REGARDING CONFIDENTIALITY by Judge Jon P. McCalla : for all parties to abide by stipulation to protect the confidentiality of the residents of Arlington Developmental Center during and before this litigation (cc: all counsel) (Former Emp) (csf). (Entered: 08/03/1992)	RECAP
34	Aug. 4, 1992	TRANSCRIPT of Oral Argument ofn dfts' motion to dism filed 7/24/92 (Clerk's Copy) (Former Emp)(Placed in Separate Folder) (csf). (Entered: 08/10/1992)	RECAP
35	Aug. 7, 1992	ORDER DENYING MOTION TO DISMISS OR IN THE ALTERNATIVE SUMMARY JUDGMENT by Judge Jon P. McCalla denying dfts' motion to dismiss [6-1], denying dfts' motion for summary judgment [6-2] (cc: all counsel) (Former Emp) (csf). (Entered: 08/10/1992)	RECAP
36	Aug. 11, 1992	MOTION by plaintiff USA for Modification and Clarification of Court's Order Dated July 24, 1992 (Former Emp) (csf). (Entered: 08/12/1992)	RECAP
37	Aug. 11, 1992	MEMORANDUM by plaintiff USA in support of motion for Modification and Clarification of Court's Order Dated July 24, 1992 [36-1] (Former Emp) (csf). (Entered: 08/12/1992)	RECAP
38	Aug. 12, 1992	RESPONSE by defendants to pla's Motion for Modification and Clarification of Court's Order dated July 24, 1992 [36-1] (Former Emp) (csf). (Entered: 08/18/1992)	RECAP
39	Aug. 12, 1992	PROPOSED SCHEDULING ORDER by defendants (Former Emp) (csf). (Entered: 08/18/1992)	RECAP
40	Aug. 13, 1992	MINUTES: Status conf. held 8/13/92: Both parties submitted Proposed Scheduling Order. Discussion on documents due to be provided to gov't by 8/17/92. (Former Emp) (csf). (Entered: 08/19/1992)	RECAP
41	Aug. 26, 1992	TRANSCRIPT filed, a hearing heard on 8/12/92 (Former Emp) (Placed in Separate Folder) (csf). (Entered: 08/31/1992)	RECAP
42	Aug. 31, 1992	MOTION by defendants to amend Order Certifying For Interlocutory Appeal This Court's Order Denying Motion to Dismiss, or in the Alternative for summary judgment (Former Emp) (csf). (Entered: 09/04/1992)	RECAP
43	Aug. 31, 1992	MEMORANDUM by defendant in support of motion to amend Order [42-1], of motion for summary judgment [42-2] (Former Emp) (csf). (Entered: 09/04/1992)	RECAP
44	Sept. 17, 1992	MEMORANDUM by plaintiff USA in opposition to motion to amend Order [42-1] (Former Emp) (csf). (Entered: 10/05/1992)	RECAP
45	Sept. 29, 1992	SUPPLEMENTAL Memorandum In Support of United States' Proposed Discovery Plan by plaintiff USA (Former Emp) (csf). (Entered: 10/05/1992)	RECAP
46	Oct. 5, 1992	SCHEDULING ORDER 16(b) ORDER OF REFERENCE TO MAGISTRATE JUDGE ORDER SETTING TRIAL AND PRETRIAL ORDER AMENDING ORDER ON DISCOVERY Judge Jon P. McCalla...discovery ddl 6/1/93; pretrial motions and motions in limine ddl 7/16/93; pretrial conf. ddl 7/30/93; status conf. ddl 4/2/93; trial ddl 8/30/93; document production 12/31/92; document requests 10/29/92; requests for admissions 2/12/93; interrogatory submittal 11/13/92; pla's expert disclosure 2/12/93; depositions of fact witnesses 1/29/93; depositions of expert witnesses 5/21/93; all discovery disputes in this case are hereby referred to the magistrate judge. (cc: all counsel) FOR THE RECORD: after a quality control review of docket entries, the scheduling order file stamped 10/5/92 and entered on the system 10/5/92 was deleted and re-entered 1/29/96 using the original file stamped date of 10/5/92. (WMW) (csf). (Entered: 01/29/1996)	RECAP
47	Oct. 6, 1992	RESPONSE To Supplemental Memorandum In Support Of United States' Proposed Discovery Plan by defendants to [45-1] (EHG) (csf). (Entered: 10/22/1992)	RECAP
48	Oct. 8, 1992	SETTING LETTER ; Pretrial order ddl 7/16/93 Pretrial conference 7/30/93 @ 9:00 a.m. ; Jury trial 8/30/93 @ 9:30 a.m. (EHG) (csf). (Entered: 10/22/1992)	RECAP
49	Oct. 8, 1992	SETTING LETTER ;Follow-up Scheduling/ Status conference 4/2/93 @ 9:00 a.m. (EHG) (csf). (Entered: 10/22/1992)	RECAP
50	Oct. 26, 1992	ANSWER by defendant Ned McWherter, defendant Evelyn C. Robertson Jr., defendant Mona Reeves-Winfrey to [1-1] (Former Emp) (csf). (Entered: 11/04/1992)	RECAP
51	Oct. 27, 1992	ATTORNEY APPEARANCE for defendant State of Tennessee, defendant Ned McWherter, defendant Evelyn C. Robertson Jr., defendant Mona Reeves-Winfrey by Stephen Barton (Former Emp) (csf). (Entered: 11/04/1992)	RECAP
52	Oct. 30, 1992	SETTING LETTER ; Pretrial order ddl 7/16/93 Pretrial conference set for 7/30/93 at 9:00 a.m. ; Trial set for 8/30/93 at 9:30 a.m. (Former Emp) (csf). (Entered: 11/04/1992)	RECAP
53	Nov. 3, 1992	ATTORNEY APPEARANCE for plaintiff USA by Verlin P. Hughes, William G. Maddox, and Robert C. Bowman (Former Emp) (Entered: 11/05/1992)	RECAP
54	Nov. 16, 1992	MOTION by plaintiff USA to strike Affirmative Defenses (Former Emp) (csf). (Entered: 11/23/1992)	RECAP
55	Nov. 17, 1992	UNOPPOSED MOTION by plaintiff USA to extend time for inspections by one wk (Former Emp) (csf). (Entered: 12/01/1992)	RECAP
56	Nov. 24, 1992	STIPULATION by plaintiff, defendant to extend/enlarge time for dfts to respond until 12/5/92 (Former Emp) (csf). (Entered: 12/01/1992)	RECAP
57	Nov. 27, 1992	UNOPPOSED MOTION by defendants to extend to 12/4/92 for production of documents (Former Emp) (csf). (Entered: 12/01/1992)	RECAP
58	Dec. 1, 1992	ORDER by Judge Jon P. McCalla granting motion to extend to 12/4/92 for production of documents and any privileged objections to Second Supplemental Request [57-1] also extending remaining responsive documents to pla's Second Supplemental Request to be provided by 12/18/92 (cc: all counsel) (Former Emp) (csf). (Entered: 12/01/1992)	RECAP
59	Dec. 4, 1992	RESPONSE by defendants to motion to strike Affirmative Defenses [54-1] (Former Emp) (csf). (Entered: 12/04/1992)	RECAP
60	Dec. 10, 1992	MOTION by plaintiff USA for leave to file one interrogatory out of time (Former Emp) (csf). (Entered: 12/11/1992)	RECAP
61	Dec. 11, 1992	AMENDED ORDER by Judge Jon P. McCalla for discovery: dfts shall make all discovery documents, and responses made available to the intervenor and plas in Case No. 92-2213 w/in 5 days of having made documents available to Dept of Justice in accordance w/ discovery order in this case. Intervenor and plas in Case No. 92-2213 will be allowed to attend depos taken in this case. Scheduling Order for Case No. 92-2213 attached. (cc: all counsel) (Former Emp) Modified on 12/11/1992 (csf). (Entered: 12/11/1992)	RECAP
62	Dec. 22, 1992	ORDER by Judge Jon P. McCalla denying motion to strike Affirmative Defenses [54-1] (cc: all counsel) (Former Emp) (csf). (Entered: 12/22/1992)	RECAP
63	Dec. 28, 1992	ORDER CONFIRMING REQUIREMENT FOR PARTICIPATION IN DISCOVERY by Judge Jon P. McCalla for any entity and/or individuals present for discovery on behalf of pla and intervenor in Case no. 92-2213 shall execute afdts and protective orders required by pty in Case No. 92-2062 in order to participate in discovery; In all other respects, govt's application for relief in connection w/orders previously entered, allowing presence and receipt of discovery materials by pla and intervenor in Case No. 92-2213, is denied (cc: all counsel) (Former Emp) (csf). (Entered: 12/28/1992)	RECAP
64	Jan. 11, 1993	MOTION by plaintiff USA to extend time to take non-expert depositions and to serve requests for admissions until 3-26-93 & 4-23-93 respectively (Former Emp) (csf). (Entered: 01/21/1993)	RECAP
65	Jan. 11, 1993	MEMORANDUM in support of motion to extend time to take non-expert depositions and to serve requests for admissions until 3-26-93 & 4-23-93 respectively [64-1] (Former Emp) (csf). (Entered: 01/21/1993)	RECAP
66	Jan. 12, 1993	MOTION by plaintiff USA to expedite ruling on its motion for extension of time to take non-expert depositions and to serve requests for admission (Former Emp) (csf). (Entered: 01/21/1993)	RECAP
67	Jan. 13, 1993	RESPONSE IN OPPOSITION by defendants State of Tennessee, Ned McWherter, Evelyn C. Robertson Jr., Mona Reeves-Winfrey to Pltfs. motion for extension of time [64-1] (Former Emp) (csf). (Entered: 01/21/1993)	RECAP
68	Jan. 19, 1993	ORDER ON PLTFS. MOTION FOR EXTENSION OF TIME by Judge Jon P. McCalla re [64-1]; The 10-5-92 scheduling order is Amended as to paragraphs 3,5 & 7 (cc: all counsel) (Former Emp) (csf). (Entered: 01/21/1993)	RECAP
69	Jan. 29, 1993	RETURN OF SERVICE of Subpoena for Marilyn Herring (Former Emp) (csf). (Entered: 02/02/1993)	RECAP
70	Feb. 16, 1993	ORDER by Judge Jon P. McCalla granting motion to extend time for inspections by one wk [55-1] (cc: all counsel) (Former Emp) (csf). (Entered: 02/16/1993)	RECAP
71	Feb. 26, 1993	ORDER by Mag Judge James H. Allen granting motion for leave to file one interrogatory out of time [60-1]: Pla to serve interrogatory w/in 15 days of docketing of this order (cc: all counsel) (Former Emp) (csf). (Entered: 02/26/1993)	RECAP
72	March 12, 1993	NOTICE by plaintiff USA counsel Laurie J. Weinstein of change of address (Former Emp) (csf). (Entered: 03/16/1993)	RECAP
73	March 15, 1993	MOTION by plaintiff USA for preliminary injunction to enjoin dangerous and life-threatening feeding practices (Former Emp) (csf). (Entered: 03/17/1993)	RECAP
74	March 15, 1993	MEMORANDUM by plaintiff USA in support of motion for preliminary injunction to enjoin dangerous and life-threatening feeding practices [73-1] (Former Emp) (csf). (Entered: 03/17/1993)	RECAP
75	March 16, 1993	SETTING LETTER setting hearing on motion for preliminary injunction to enjoin dangerous and life-threatening feeding practices [73-1] 12:30 3/31/93 (Former Emp) (csf). (Entered: 03/18/1993)	RECAP
76	March 23, 1993	MOTION by defendant State of Tennessee, defendant Ned McWherter, defendant Evelyn C. Robertson Jr., defendant Mona Reeves-Winfrey to continue hearing on pla's motion for preliminary injunction (Former Emp) Modified on 03/29/1993 (csf). (Entered: 03/24/1993)	RECAP
77	March 24, 1993	RESPONSE by plaintiff USA to motion to continue hearing on pla's motion for preliminary injunction [76-1] (Former Emp) Modified on 03/29/1993 (csf). (Entered: 03/29/1993)	RECAP
78	March 29, 1993	ORDER by Judge Jon P. McCalla denying motion to continue hearing on pla's motion for preliminary injunction [76-1] extending the record for preliminary injunction until 4/12/93 (cc: all counsel) (Former Emp) (csf). (Entered: 03/29/1993)	RECAP
79	March 29, 1993	RESPONSE In OPPOSITION by defendant State of Tennessee, defendant Ned McWherter, defendant Evelyn C. Robertson Jr., defendant Mona Reeves-Winfrey to motion for preliminary injunction to enjoin dangerous and life-threatening feeding practices [73-1] (Former Emp) (csf). (Entered: 03/30/1993)	RECAP
80	March 29, 1993	EXHIBITS in Support of Defendants' Response in Opposition to Plaintiff's Motion for a Preliminary Injunction (Former Emp)(Placed in Separate Folder) (csf). (Entered: 03/30/1993)	RECAP
81	March 31, 1993	REPLY by plaintiff USA to response to motion for preliminary injunction to enjoin dangerous and life-threatening feeding practices [73-1] (Former Emp) (csf). (Entered: 04/02/1993)	RECAP
82	March 31, 1993	MINUTES: Hearing on Motion for Preliminary Injunction held; Pla called as witnesses: Susan L. Hyman, M.D.. Victoria Therriault, Irene R. McEwen; Defense witnesses: Dr. William Hinkle; State to submit final submittals by 4/12/93; All proof concluded at 3:20 p.m.; Court took under advisement; Sealed documents in Safe. Remaining exhibits in separate folder-placed w/file. (Former Emp) (csf). (Entered: 04/02/1993)	RECAP
83	March 31, 1993	EXHIBIT AND WITNESS list by plaintiff, defendants (Former Emp) (csf). (Entered: 04/05/1993)	RECAP
84	March 31, 1993	EXHIBITS (Former Emp)(Placed in Separate Folder) (csf). (Entered: 04/05/1993)	RECAP
85	April 2, 1993	MINUTES: Case on track for trial; Court ruled that the U.S. will be allowed to take a June tour of the Arlington facility; Status conference held 4/2/93 ; Trial set for 8/30/93. (Former Emp) (csf). (Entered: 04/15/1993)	RECAP
86	April 7, 1993	TRANSCRIPT filed 4/7/93 of preliminary injunction hearing. (Placed in Separate Folder) (Former Emp) (csf). (Entered: 04/15/1993)	RECAP
87	April 7, 1993	NOTICE by defendants of change of address for counsel (Former Emp) (csf). (Entered: 04/15/1993)	RECAP
88	April 8, 1993	DECLARATION of Susan Bowers (Former Emp) (csf). (Entered: 04/15/1993)	RECAP
89	April 12, 1993	AFFIDAVIT of Philip R. Ziring, M.D. (Former Emp) (csf). (Entered: 04/15/1993)	RECAP
90	April 14, 1993	LETTER from plaintiff USA counsel w/attachment (Former Emp) (csf). (Entered: 04/15/1993)	RECAP
91	April 15, 1993	RESPONSE by plaintiff USA to [89-1] (Former Emp) (csf). (Entered: 04/15/1993)	RECAP
92	May 7, 1993	ORDER by Judge Jon P. McCalla denying motion for preliminary injunction to enjoin dangerous and life-threatening feeding practices [73-1] (cc: all counsel) (Former Emp) (csf). (Entered: 05/07/1993)	RECAP
93	May 17, 1993	EXHIBIT AND WITNESS list dated March 31, 1993 listing exhibits 1-14. (Former Emp) (csf). (Entered: 05/17/1993)	RECAP
94	June 14, 1993	MOTION by plaintiff USA to compel production of documents (Former Emp) (csf). (Entered: 06/14/1993)	RECAP
95	June 14, 1993	MEMORANDUM by plaintiff USA in support of motion to compel production of documents [94-1]; with attachments placed in seperate folder (Former Emp) (csf). (Entered: 06/14/1993)	RECAP
96	June 18, 1993	RESPONSE by defendant (Former Emp) (csf). (Entered: 06/21/1993)	RECAP
97	June 25, 1993	STIPULATION by plaintiff, defendant extending time for response to motion to compel until July 7, 1993 (Former Emp) (csf). (Entered: 06/28/1993)	RECAP
98	June 30, 1993	ORDER by Judge Jon P. McCalla re [97-2] the defendant has until July 7, 1993 to respond to the Motion to compel production of documents (cc: all counsel) (Former Emp) (csf). (Entered: 07/01/1993)	RECAP
99	July 1, 1993	NOTICE OF APPEAL by plaintiff USA from Dist. Court decision order denying motion for a preliminary injunction [92-1] (cc: all counsel) (Former Emp) (csf). (Entered: 07/06/1993)	RECAP
100	July 7, 1993	NOTIFICATION form sent to 6th Circuit [99-1] w/copies of docket item #92, 99 and docket sheet. cc: all counsel. (Former Emp) (Entered: 07/07/1993)	RECAP

Case: U.S. v. Tennessee

2:92-cv-02062 | U.S. District Court for the Western District of Tennessee

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