U.S. District Court Southern District of Ohio (Columbus ... fileCIVIL DOCKET FOR CASE #:...

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CLOSED

U.S. District CourtSouthern District of Ohio (Columbus)

CIVIL DOCKET FOR CASE #: 2:04-cv-00692-ALM-NMK

J.P. and all others similarly situated et al v. Taft et alAssigned to: Algenon L. MarbleyReferred to: Norah McCann Kingrelated Case: 2:07-cv-00170-GCS-MRACause: 42:1983 Civil Rights Act

Date Filed: 07/29/2004Date Terminated: 03/06/2007Jury Demand: NoneNature of Suit: 440 Civil Rights: OtherJurisdiction: Federal Question

PlaintiffJ.P. and all others similarly situated c/o Children's Law Center Inc

represented by Jennifer M Kinsley Sirkin Pinales & Schwartz - 1 105 W Fourth Street Suite 920 Cincinnati, OH 45202 513-721-4876 Fax: 513-721-0876 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Kimberly Brooks Tandy Children's Law Center 104 East 7th Street Covington, KY 41011 859-431-3313 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Stephen L Pevar American Civil Liberties Union Foundation 32 Grand Street Hartford, CT 06106 860-293-1559 Email: [email protected] ATTORNEY TO BE NOTICED

PlaintiffS.J. and all others similarly situated c/o Children's Law Center

represented by Jennifer M Kinsley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED


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Kimberly Brooks Tandy (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Stephen L Pevar (See above for address) ATTORNEY TO BE NOTICED

PlaintiffD.B. a minor child by and through her next friend Shanda Spurlock, and all others similarly situated c/o Children's Law Center

represented by Jennifer M Kinsley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Kimberly Brooks Tandy (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Stephen L Pevar (See above for address) ATTORNEY TO BE NOTICED

PlaintiffH. H. TERMINATED: 07/08/2005

represented by H. H. PRO SE

V.

DefendantBob Taft Governor of the State of Ohio, in his official capacity only TERMINATED: 04/21/2006

represented by Sharon A Jennings Ohio Attorney General - 2 30 E Broad Street 17th Floor Columbus, OH 43215-3428 614-466-2872 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

DefendantOhio Department of Youth Services represented by Joseph M. Mancini

Ohio Attorney General - 2 Corrections Litigation 150 East Gay Street 16th Floor Columbus, OH 43215-6001 614-644-7233


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Fax: 614-728-9327 Email: [email protected] TERMINATED: 10/05/2006 LEAD ATTORNEY

Philip A King The Supreme Court of Ohio Office of Disciplinary Counsel 250 Civic Center Drive, Suite 325 Columbus, OH 43215-7411 614-461-0256 Fax: 614-461-7205 Email: [email protected] TERMINATED: 10/05/2006 LEAD ATTORNEY

Brian A Basil Murray Murphy Moul + Basil LLP 1533 Lake Shore Drive Columbus, OH 43204 614-488-0400 Fax: 614-488-0401 Email: [email protected] ATTORNEY TO BE NOTICED

Geoffrey J Moul Murray Murphy Moul & Basil - 2 1533 Lake Shore Drive Columbus, OH 43204 614-488-0400 Email: [email protected] ATTORNEY TO BE NOTICED

Mary Anne Reese Attorney General of Ohio 441 Vine Street Suite 1600 Cincinnati, OH 45202 513-852-3497 Fax: 513-852-3484 Email: [email protected] TERMINATED: 08/02/2006

Richard Thomas Cholar, Jr. Ohio Attorney General 150 East Gay Street, 16th Floor Columbus, OH 43215 614-644-7233 Fax: 614-728-9327 Email: [email protected]


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TERMINATED: 10/05/2006

DefendantGeno Natalucci-Perischetti Director of Youth Services, in his official capacity only

represented by Joseph M. Mancini (See above for address) TERMINATED: 10/05/2006 LEAD ATTORNEY

Philip A King (See above for address) TERMINATED: 10/05/2006 LEAD ATTORNEY

Mary Anne Reese (See above for address) TERMINATED: 08/02/2006

Richard Thomas Cholar, Jr. (See above for address) TERMINATED: 10/05/2006

DefendantThomas Stickrath Interim Director, Ohio Youth Services, in his official capacity only

represented by Joseph M. Mancini (See above for address) TERMINATED: 10/05/2006 LEAD ATTORNEY

Philip A King (See above for address) TERMINATED: 10/05/2006 LEAD ATTORNEY

Brian A Basil (See above for address) ATTORNEY TO BE NOTICED

Geoffrey J Moul (See above for address) ATTORNEY TO BE NOTICED

Mary Anne Reese (See above for address) TERMINATED: 08/02/2006

Richard Thomas Cholar, Jr. (See above for address) TERMINATED: 10/05/2006


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Date Filed # Docket Text

07/29/2004 1 COMPLAINT against all defendants (Filing fee paid $ 150.) , filed by Plaintiffs J.P. and all others similarly situated, S.J. and all others similarly situated, D.B. a minor child by and through her next friend Shanda Spurlock, and all others similarly situated.(sln, ) (Entered: 08/02/2004)

07/29/2004 2 Filing fee paid : $ 150.00, receipt number 242563 (sln, ) (Entered: 08/02/2004)

08/26/2004 3 MOTION for Leave to Appear Pro Hac Vice for atty Stephen Pevar for all Plaintiffs filed on 8/26/04. (er ) (Entered: 08/27/2004)

08/26/2004 Filing fee: $ 50, receipt number 200242996 for PHV- Stephen Pevar (er) (Entered: 08/27/2004)

08/30/2004 4 ORDER granting 3 Motion for Leave of Stephen Pevar to Appear Pro Hac Vice on behalf of plaintiffs. Signed by Judge Norah McCann King on 8/30/04. (jdm, ) (Entered: 08/31/2004)

09/02/2004 5 WAIVER OF SERVICE was signed on 8/31/04 and returned executed on 9/2/04: Geno Natalucci-Perischetti waiver sent on 8/2/2004, answer due 10/1/2004, Ohio Department of Youth Services waiver sent on 8/2/2004, answer due 10/1/2004, and Bob Taft waiver sent on 8/2/2004, answer due 10/1/2004. (er ) (Entered: 09/07/2004)

09/27/2004 6 MOTION to Certify Class by Plaintiffs J.P. and all others similarly situated, S.J. and all others similarly situated, D.B. a minor child by and through her next friend Shanda Spurlock, and all others similarly situated. Responses due by 10/21/2004 (Kinsley, Jennifer) (Entered: 09/27/2004)

09/28/2004 7 ORDER re 6 MOTION to Certify Class filed by J.P. and all others similarly situated, S.J. and all others similarly situated, D.B. a minor child by and through her next friend Shanda Spurlock, and all others similarly situated; Non-oral hearing on said motion set for 11/15/2004. Signed by Judge Gregory L Frost on 9/28/04. (sem, ) (Entered: 09/28/2004)

09/29/2004 8 NOTICE by Defendants Geno Natalucci-Perischetti, Ohio Department of Youth Services of Waiver of Reply to Complaint and Request for Court Conference(Mancini, Joseph) (Entered: 09/29/2004)

09/30/2004 Notice of Corrective Entry: Judge Frost was inadverently added to this case during the docketing of the complaint on 7/29/04. Judge Marbley was assigned to this action on 7/29/04 and has now been added to the docket. (sem, ) (Entered: 09/30/2004)

09/30/2004 9 ORDER VACATING the Non-Oral hearing set re 6 MOTION to Certify Class filed by J.P. and all others similarly situated, S.J. and all others similarly situated, D.B. a minor child by and through her next friend Shanda Spurlock, and all others similarly situated. Signed by Judge Gregory L Frost on 9/30/04. (sem, ) (Entered: 09/30/2004)

10/01/2004 10 NOTICE of Hearing: Status Conference set for 10/21/2004 @ 02:00 PM in chambers before Norah McCann King. (jdm, ) (Entered: 10/01/2004)


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10/01/2004 Remark - copy of status conference notice sent to Sharon Jennings, 30 E Broad St., 17th Floor, Columbus, Ohio 43215 (jdm, ) (Entered: 10/01/2004)

10/01/2004 11 NOTICE by Defendant Bob Taft re: Waiver of Reply and Request for Conference(Jennings, Sharon) (Entered: 10/01/2004)

10/11/2004 12 First MOTION to Stay this case; and in the alternative motion for extension of time filed by Defendants Geno Natalucci-Perischetti, Ohio Department of Youth Services. (King, Philip) (Entered: 10/11/2004)

10/11/2004 13 RESPONSE to Motion re 12 First MOTION to Stay this case; and in the alternative motion for extension of time filed filed by Plaintiffs J.P. and all others similarly situated, S.J. and all others similarly situated, D.B. a minor child by and through her next friend Shanda Spurlock, and all others similarly situated. (Kinsley, Jennifer) (Entered: 10/11/2004)

10/12/2004 14 ORDER granting 12 Motion to Stay, This action is stayed pending the first status conference set before Magistrate judge Norah King. Signed by Judge Norah McCann King on 10/12/04. (jm) (Entered: 10/12/2004)

10/14/2004 15 The Status conference previously scheduled for October 21, 2004 is CONTINUED to November 4, 2004, at 1:30 p.m.. Signed by Judge Norah McCann King on 10/13/04. (jm) (Entered: 10/14/2004)

11/05/2004 16 ORDER - a status conference was held on 11/4/2004. Defendants are oredered to provide to plaintiffs by 11/15/2004, a written, comprehensive articulation of their proposed program intended to meet the allegations of the complaint. Plaintiffs will respond in writing no later than 11/24/2004. Another Status Conference is set for 12/10/2004 @ 11:00 AM before Norah McCann King.. Signed by Judge Norah McCann King on 11/04/04. (jdm, ) (Entered: 11/05/2004)

11/08/2004 17 NOTICE of Hearing: The status conference set for 12/10/2004 has been rescheduled. The Status Conference is now set for 12/13/2004 @ 11:00 AM in chambers before Norah McCann King. (jdm, ) (Entered: 11/09/2004)

11/22/2004 18 MOTION to Vacate Hearing by Plaintiffs J.P. and all others similarly situated, S.J. and all others similarly situated, D.B. a minor child by and through her next friend Shanda Spurlock, and all others similarly situated. (Kinsley, Jennifer) (Entered: 11/22/2004)

11/23/2004 19 ORDER denying 18 plaintiff's Motion to Vacate the status conference set for 12/13/2004. However, the conference will proceed as a preliminary pretrial conference. The parties will submit a joint Rule26(f) report no later than December 10, 2004.. Signed by Judge Norah McCann King on 11/23/04. (jdm, ) (Entered: 11/23/2004)

12/10/2004 20 REPORT of Rule 26(f) Planning Meeting. (Mancini, Joseph) (Entered: 12/10/2004)

12/13/2004 21 PRELIMINARY PRETRIAL ORDER: defendants will file answers by 12/31/2004. Dispositive motions will be filed by 1/14/2005. Memo contra will be filed by 1/28/2005. The parties may, without further leave of Court, agree to exceed the limits on discovery established by the Federal Rules of Civil Procedure. Joinder of Parties due by 2/14/2005. Motions to Amend due by 2/14/2005. Rule 26(a)(1) Disclosures due by 12/27/2005. Primary Expert due by


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7/1/2005. Rebuttal Expert due by 8/1/2005. Discovery due by 9/1/2005. Dispositive motions due by 10/1/2005. Settlement Week due by 3/1/2005. Final Pretrial Conference ready by 12/1/2005.. Signed by Judge Norah McCann King on 12/13/04. (jdm, ) (Entered: 12/14/2004)

12/30/2004 22 ANSWER to Complaint by Defendants Ohio Department of Youth Services, Geno Natalucci-Perischetti.(King, Philip) (Entered: 12/30/2004)

12/30/2004 23 MOTION to Dismiss by Defendant Bob Taft. Responses due by 1/24/2005 (Jennings, Sharon) (Entered: 12/30/2004)

01/07/2005 24 MOTION for Summary Judgment by Defendants Ohio Department of Youth Services, Geno Natalucci-Perischetti. Responses due by 1/31/2005 (Attachments: # 1 Exhibits)(Mancini, Joseph) (Entered: 01/07/2005)

01/12/2005 25 MOTION for Summary Judgment Second Motion for Summary Judgment by Defendants Ohio Department of Youth Services, Geno Natalucci-Perischetti. Responses due by 2/7/2005 (Attachments: # 1 Exhibit Exhibit A and Exhibit list# 2 Exhibit A1 through A3# 3 Exhibit A4 through A15)(Mancini, Joseph) (Entered: 01/12/2005)

01/13/2005 26 MOTION to Stay Defendants' Motion to Stay Discovery by Defendants Ohio Department of Youth Services, Geno Natalucci-Perischetti. (Attachments: # 1Exhibit Affidavit of Philip A. King)(Mancini, Joseph) (Entered: 01/13/2005)

01/20/2005 27 MOTION for Extension of Time to File Response/Reply as to 23 MOTION to Dismiss New date requested 2/7/2005. by Plaintiffs D.B. a minor child by and through her next friend Shanda Spurlock, and all others similarly situated, J.P. and all others similarly situated, S.J. and all others similarly situated. (Kinsley, Jennifer) (Entered: 01/20/2005)

01/21/2005 28 ORDER granting 27 Motion for Extension of Time to File Response. Responses due by 2/7/2005. Signed by Judge Norah McCann King on 01/21/05. (jm) (Entered: 01/21/2005)

01/26/2005 29 MOTION for Extension of Time New date requested 2/26/2005. by Plaintiffs D.B. a minor child by and through her next friend Shanda Spurlock, and all others similarly situated, J.P. and all others similarly situated, S.J. and all others similarly situated. (Kinsley, Jennifer) (Entered: 01/26/2005)

01/26/2005 30 MOTION for Extension of Time to File Response/Reply New date requested 2/26/2005. by Plaintiffs D.B. a minor child by and through her next friend Shanda Spurlock, and all others similarly situated, J.P. and all others similarly situated, S.J. and all others similarly situated. (Attachments: # 1 Exhibit Exhibits A & B)(Kinsley, Jennifer) (Entered: 01/26/2005)

01/27/2005 31 ORDER granting 30 Motion for Extension of Time to File Response/Reply, granting 29 Motion for Extension of Time until 2/26/05. Signed by Judge Norah McCann King on 01/27/05. (jm, ) (Entered: 01/27/2005)

01/28/2005 32 RESPONSE in Opposition re 6 MOTION to Certify Class filed by Defendants Ohio Department of Youth Services, Geno Natalucci-Perischetti. (Mancini, Joseph) (Entered: 01/28/2005)


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02/02/2005 Notice of Correction - the notice of settlement conference notice was sent in error. It applied to another case and was deleted from this case. (jdm, ) (Entered: 02/02/2005)

02/02/2005 33 NOTICE of Hearing: Settlement Conference set for 3/16/2005 @ 10:30 AM before Mediator Donald Keller. (jdm, ) (Entered: 02/02/2005)

02/03/2005 34 MOTION for Temporary Restraining Order , Extension of Time, and Response to Defendants' Motion to Stay Discovery by Plaintiffs D.B. a minor child by and through her next friend Shanda Spurlock, and all others similarly situated, J.P. and all others similarly situated, S.J. and all others similarly situated. (Attachments: # 1 Affidavit Affidavits of Kim Brooks Tandy and Jennifer M. Kinsley)(Kinsley, Jennifer) (Entered: 02/03/2005)

02/07/2005 35 ORDER :The mediation conference scheduled for March 16, 2005, is VACATED.. Signed by Judge Norah McCann King on 02/04/05. (jm) (Entered: 02/07/2005)

02/08/2005 36 ORDER granting in part and denying in part 34 Plaintiffs' Combined Motion for TRO, an Extension of Time to Respond to Defendants' Dispositive Motions, and Response to Defendants' Motion to Stay Discovery . Signed by Judge Algenon L. Marbley on 2/8/05. (sem, ) Modified on 4/7/2005 to reflect the Order being signed by Judge Marbley not Judge Frost(cw, ). (Entered: 02/08/2005)

02/25/2005 37 MOTION for Extension of Time to File Response/Reply as to 24 MOTION for Summary Judgment, 25 MOTION for Summary Judgment Second Motion for Summary Judgment New date requested 3/25/2005. by Defendants Ohio Department of Youth Services, Geno Natalucci-Perischetti. (King, Philip) (Entered: 02/25/2005)

03/01/2005 38 ORDER granting 37 Motion for Extension of Time to File Response/Reply as to 24 MOTION for Summary Judgment, 25 MOTION for Summary Judgment New date requested 3/25/2005. Replies due by 3/25/2005. Signed by Judge Norah McCann King on 02/28/05. (jm) (Entered: 03/01/2005)

03/07/2005 39 MOTION for Leave to File Amend Complaint by Plaintiffs D.B. a minor child by and through her next friend Shanda Spurlock, and all others similarly situated, J.P. and all others similarly situated, S.J. and all others similarly situated. (Kinsley, Jennifer) (Entered: 03/07/2005)

03/07/2005 40 AMENDED COMPLAINT for Declaratory and Injunctive Relief against Bob Taft, Ohio Department of Youth Services, filed by Plaintiffs D.B. a minor child by and through her next friend Shanda Spurlock, and all others similarly situated, J.P. and all others similarly situated, S.J. and all others similarly situated, Defendants Bob Taft, Ohio Department of Youth Services.(Kinsley, Jennifer) (Entered: 03/07/2005)

03/07/2005 41 MOTION for Leave to File Amend Complaint by Plaintiffs D.B. a minor child by and through her next friend Shanda Spurlock, and all others similarly situated, J.P. and all others similarly situated, S.J. and all others similarly situated. (Attachments: # 1 Exhibit Amended Complaint for Declaratory and Injunctive Relief)(Kinsley, Jennifer) (Entered: 03/07/2005)


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03/07/2005 42 NOTICE by Plaintiffs D.B. a minor child by and through her next friend Shanda Spurlock, and all others similarly situated, J.P. and all others similarly situated, S.J. and all others similarly situated that Plaintiffs have filed the following Combined Exhibits (Kinsley, Jennifer) (Entered: 03/07/2005)

03/07/2005 43 RESPONSE in Opposition re 23 MOTION to Dismiss filed by Plaintiffs D.B. a minor child by and through her next friend Shanda Spurlock, and all others similarly situated, J.P. and all others similarly situated, S.J. and all others similarly situated. (Kinsley, Jennifer) (Entered: 03/07/2005)

03/07/2005 44 REPLY to Response to Motion re 6 MOTION to Certify Class filed by Plaintiffs D.B. a minor child by and through her next friend Shanda Spurlock, and all others similarly situated, J.P. and all others similarly situated, S.J. and all others similarly situated. (Kinsley, Jennifer) (Entered: 03/07/2005)

03/07/2005 45 RESPONSE in Opposition re 24 MOTION for Summary Judgment filed by Plaintiffs D.B. a minor child by and through her next friend Shanda Spurlock, and all others similarly situated, J.P. and all others similarly situated, S.J. and all others similarly situated. (Kinsley, Jennifer) (Entered: 03/07/2005)

03/07/2005 46 RESPONSE in Opposition re 25 MOTION for Summary Judgment Second Motion for Summary Judgment filed by Plaintiffs D.B. a minor child by and through her next friend Shanda Spurlock, and all others similarly situated, J.P. and all others similarly situated, S.J. and all others similarly situated. (Kinsley, Jennifer) (Entered: 03/07/2005)

03/07/2005 47 MOTION to Seal Juvenile Plaintiffs' Affidavits by Plaintiffs D.B. a minor child by and through her next friend Shanda Spurlock, and all others similarly situated, J.P. and all others similarly situated, S.J. and all others similarly situated. (Kinsley, Jennifer) (Entered: 03/07/2005)

03/08/2005 48 Juvenile Plaintiffs' AFFIDAVITS FILED UNDER SEAL (jmc1, ) (Entered: 03/08/2005)

03/08/2005 49 ORDER re 39 MOTION for Leave to File Amend Complaint, 40 Amended Complaint, filed by J.P. and all others similarly situated, . The Clerk is DIRECTED to STRIKE doc. Nos. 39 and 40. Signed by Judge Norah McCann King on 03/08/05. (jm) (Entered: 03/08/2005)

03/17/2005 50 NOTICE of Appearance by Mary Anne Reese Defendants Ohio Department of Youth Services, Geno Natalucci-Perischetti (Reese, Mary) (Entered: 03/17/2005)

03/17/2005 51 MOTION for Order to Disqualify Kim Brooks Tandy as Counsel for Plaintiffs by Defendants Ohio Department of Youth Services, Geno Natalucci-Perischetti. (Attachments: # 1 Exhibit 1, Hood v Midwest# 2 Exhibit H, Tandy Affidavit)(Reese, Mary) (Entered: 03/17/2005)

03/17/2005 52 MOTION for Order to Determine The Status Of One Of The Plaintiffs In This Action by Defendants Ohio Department of Youth Services, Geno Natalucci-Perischetti. (Attachments: # 1 Exhibit A, Affidavit of Nan Hoff)(Mancini, Joseph) (Entered: 03/17/2005)

03/22/2005 53 MOTION for Extension of Time New date requested 3/31/2005. to respond to Plaintiffs' Motion to Amend by Defendants Ohio Department of Youth Services, Geno Natalucci-Perischetti. (King, Philip) (Entered: 03/22/2005)


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03/24/2005 54 MOTION for Extension of Time to File Response/Reply as to 51 MOTION for Order to Disqualify Kim Brooks Tandy as Counsel for Plaintiffs, 52 MOTION for Order to Determine The Status Of One Of The Plaintiffs In This Action New date requested 4/21/2005. by Plaintiffs D.B. a minor child by and through her next friend Shanda Spurlock, and all others similarly situated, J.P. and all others similarly situated, S.J. and all others similarly situated. (Kinsley, Jennifer) (Entered: 03/24/2005)

03/25/2005 55 RESPONSE in Support re 24 MOTION for Summary Judgment (First) filed by Defendants Ohio Department of Youth Services, Geno Natalucci-Perischetti. (Attachments: # 1 Exhibit E1 - E4# 2 Exhibit F1 - F4# 3 Exhibit G# 4 Exhibit H)(Mancini, Joseph) (Entered: 03/25/2005)

03/25/2005 56 RESPONSE in Support re 25 MOTION for Summary Judgment Second Motion for Summary Judgment filed by Defendants Ohio Department of Youth Services, Geno Natalucci-Perischetti. (Attachments: # 1 Exhibit A16# 2 Exhibit A17# 3Exhibit A18)(Mancini, Joseph) (Entered: 03/25/2005)

03/25/2005 57 ORDER granting 54 Motion for Extension of Time to File Response/Reply Responses due by 4/21/2005. Signed by Judge Norah McCann King on 03/25/05. (jm) (Entered: 03/25/2005)

03/25/2005 58 ORDER granting 53 Motion for Extension of Time until March 31, 2005. Signed by Judge Norah McCann King on 03/25/05. (jm) (Entered: 03/25/2005)

03/31/2005 59 RESPONSE in Opposition re 41 MOTION for Leave to File Amend Complaintfiled by Defendants Ohio Department of Youth Services, Geno Natalucci-Perischetti. (Attachments: # 1 Exhibit A, Affidavit of Rhonda Richard)(Mancini, Joseph) (Entered: 03/31/2005)

04/01/2005 60 MOTION for Order to Show Cause by Plaintiffs D.B. a minor child by and through her next friend Shanda Spurlock, and all others similarly situated, J.P. and all others similarly situated, S.J. and all others similarly situated. (Attachments: # 1 Exhibit Letters from Joe Mancini, Jennifer Kinsley, and Elizabeth Gorman)(Kinsley, Jennifer) (Entered: 04/01/2005)

04/05/2005 61 MOTION for Extension of Time to File Response/Reply as to 59 Response in Opposition to Motion New date requested 4/25/2005. by Plaintiffs D.B. a minor child by and through her next friend Shanda Spurlock, and all others similarly situated, J.P. and all others similarly situated, S.J. and all others similarly situated. (Kinsley, Jennifer) (Entered: 04/05/2005)

04/06/2005 62 MOTION for Order to Direct Counsel for Plaintiffs to Cease and Desist and Response to Plaintiffs Motion to Show Cause (Doc. 60) by Defendants Ohio Department of Youth Services, Geno Natalucci-Perischetti. (Attachments: # 1Exhibit A, 3-25-05 Letter# 2 Exhibit B, 3-28-05 Letter# 3 Exhibit C, 3-29-05 Email# 4 Exhibit D, Stapleton Affidavit# 5 Exhibit E, Moore Affidavit)(Mancini, Joseph) (Entered: 04/06/2005)

04/07/2005 63 ORDER granting 61 Motion for Extension of Time to File Response Responses due by 4/25/2005. Signed by Judge Norah McCann King on 04/06/05. (jm) (Entered: 04/07/2005)


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04/07/2005 64 MOTION for Temporary Restraining Order by Plaintiffs D.B. a minor child by and through her next friend Shanda Spurlock, and all others similarly situated, J.P. and all others similarly situated, S.J. and all others similarly situated. (Attachments: # 1 Exhibit Letters from Joe Mancini, Jennifer Kinsley, Elizabeth Gorman)(Kinsley, Jennifer) (Entered: 04/08/2005)

04/08/2005 65 ORDER granting 64 Motion for TRO. This order shall remain in effect until 5:00 p.m. on 4/18/2005. The Preliminary Injunction Hearing is hereby set for 4/18/2005 at 1:30 p.m. in Courtroom 1, before Judge Marbley. Signed by Judge Algenon L. Marbley on 4/8/2005. (cw, ) (Entered: 04/08/2005)

04/08/2005 Set Preliminary Injunction Hearing set for 4/18/2005 01:30 PM in Courtroom 1 before Algenon L. Marbley. (cw, ) Modified to state type of hearing on 4/8/2005 (cw, ). (Entered: 04/08/2005)

04/15/2005 66 NOTICE OF WITHDRAWL OF DOCUMENT by Plaintiffs D.B. a minor child by and through her next friend Shanda Spurlock, and all others similarly situated, J.P. and all others similarly situated, S.J. and all others similarly situated re 60MOTION for Order to Show Cause (Kinsley, Jennifer) (Entered: 04/15/2005)

04/15/2005 ORDER VACATING Preliminary Injunction Hearing scheduled for 4/18/05. Signed by Judge Algenon L. Marbley on 4/15/2005. (cw, ) (Entered: 04/15/2005)

04/15/2005 67 ORDER vacating Preliminary Injunction Hearing on 4/18/05. Signed by Judge Algenon L. Marbley on 4/15/2005. (cw, ) (Entered: 04/15/2005)

04/15/2005 68 NOTICE by Defendant Ohio Department of Youth Services of its proposed rule concerning attorney visits (Attachments: # 1 Exhibit A)(King, Philip) (Entered: 04/15/2005)

04/18/2005 69 NOTICE OF WITHDRAWL OF DOCUMENT by Defendants Ohio Department of Youth Services, Geno Natalucci-Perischetti re 62 MOTION for Order to Direct Counsel for Plaintiffs to Cease and Desist and Response to Plaintiffs Motion to Show Cause (Doc. 60) (King, Philip) (Entered: 04/18/2005)

04/18/2005 70 REPLY to Response to Motion re 41 MOTION for Leave to File Amend Complaint filed by Plaintiffs D.B. a minor child by and through her next friend Shanda Spurlock, and all others similarly situated, J.P. and all others similarly situated, S.J. and all others similarly situated. (Attachments: # 1 Exhibit Unreported case and "Your Legal Rights" form)(Kinsley, Jennifer) (Entered: 04/18/2005)

04/20/2005 71 RESPONSE to Motion re 51 MOTION for Order to Disqualify Kim Brooks Tandy as Counsel for Plaintiffs filed by Plaintiffs D.B. a minor child by and through her next friend Shanda Spurlock, and all others similarly situated, J.P. and all others similarly situated, S.J. and all others similarly situated. (Kinsley, Jennifer) (Entered: 04/20/2005)

04/21/2005 72 TRANSCRIPT of 65.1 Proceedings held on 04/08/05 before Judge Marbley. Court Reporter: Joan Koenig. (ja, ) (Entered: 04/21/2005)

04/21/2005 73 RESPONSE to Motion re 52 MOTION for Order to Determine The Status Of One Of The Plaintiffs In This Action filed by Plaintiffs D.B. a minor child by and through her next friend Shanda Spurlock, and all others similarly situated, J.P. and all others similarly situated, S.J. and all others similarly situated. (Kinsley,


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Jennifer) (Entered: 04/21/2005)

05/02/2005 74 REPLY to Response to Motion re 51 MOTION for Order to Disqualify Kim Brooks Tandy as Counsel for Plaintiffs filed by Defendants Ohio Department of Youth Services, Geno Natalucci-Perischetti. (Reese, Mary) (Entered: 05/02/2005)

05/02/2005 75 REPLY to Response to Motion re 52 MOTION for Order to Determine The Status Of One Of The Plaintiffs In This Action filed by Defendants Ohio Department of Youth Services, Geno Natalucci-Perischetti. (Attachments: # 1Exhibit A, Affidavit of Philip King)(Mancini, Joseph) (Entered: 05/02/2005)

05/18/2005 76 OPINION AND ORDER granting 41 Motion for Leave to File amended complaint.The pending motions for summary judgment will be deemed to apply to the amended complaint . Signed by Judge Norah McCann King on 05/17/05. (jm) (Entered: 05/18/2005)

05/18/2005 77 AMENDED COMPLAINT against Bob Taft, Ohio Department of Youth Services, Geno Natalucci-Perischetti, filed by Plaintiffs D.B. a minor child by and through her next friend Shanda Spurlock, and all others similarly situated, J.P. and all others similarly situated, S.J. and all others similarly situated.(jm ) (Entered: 05/18/2005)

06/01/2005 78 ANSWER to Amended Complaint by Defendants Ohio Department of Youth Services, Geno Natalucci-Perischetti.(Mancini, Joseph) (Entered: 06/01/2005)

06/02/2005 79 MOTION to Dismiss Party by Defendant Bob Taft. Responses due by 6/27/2005 (Jennings, Sharon) (Entered: 06/02/2005)

06/21/2005 80 RESPONSE in Opposition re 79 MOTION to Dismiss Party filed by Plaintiffs D.B. a minor child by and through her next friend Shanda Spurlock, and all others similarly situated, J.P. and all others similarly situated, S.J. and all others similarly situated. (Kinsley, Jennifer) (Entered: 06/21/2005)

06/29/2005 81 NOTICE by Defendants Ohio Department of Youth Services, Geno Natalucci-Perischetti of Intent to File Third Motion for Summary Judgment(Mancini, Joseph) (Entered: 06/29/2005)

07/01/2005 82 MOTION for Extension of Time New date requested 11/1/2005. to Disclose Experts by Plaintiffs D.B. a minor child by and through her next friend Shanda Spurlock, and all others similarly situated, J.P. and all others similarly situated, S.J. and all others similarly situated. (Kinsley, Jennifer) (Entered: 07/01/2005)

07/01/2005 83 MOTION for Extension of Time to File Response/Reply as to 80 Response in Opposition to Motion, New date requested 7/12/2005. by Defendant Bob Taft. (Attachments: # 1)(Jennings, Sharon) (Entered: 07/01/2005)

07/01/2005 84 MOTION for Extension of Time New date requested 11/1/2005. to Disclose Expert Witnesses by Defendants Ohio Department of Youth Services, Geno Natalucci-Perischetti. (Mancini, Joseph) (Entered: 07/01/2005)

07/05/2005 85 ORDER granting 83 MOTION for Extension of Time to File Reply to 80Response in Opposition to Motion to dismiss the complaint. Replies due by 7/12/2005. Signed by Judge Norah McCann King on 7/5/05. (er ) (Entered: 07/05/2005)


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07/05/2005 86 ORDER: Upon the parties' motions, Doc Nos. 82 & 84, the date for disclosure of expert witnesses is EXTENDED until 11/1/05. The date for submitting responsive disclosures is EXTENDED until 12/1/05. Signed by Judge Norah McCann King on 7/5/05. (er ) (Entered: 07/05/2005)

07/07/2005 87 NOTICE of Voluntary Dismissal (Kinsley, Jennifer) (Entered: 07/07/2005)

07/12/2005 88 REPLY to Response to Motion re 79 MOTION to Dismiss Party filed by Defendant Bob Taft. (Jennings, Sharon) (Entered: 07/12/2005)

08/01/2005 89 Third MOTION for Summary Judgment by Defendants Ohio Department of Youth Services, Geno Natalucci-Perischetti. Responses due by 8/25/2005 (Attachments: # 1 Exhibit A, Rollins Affidavit re: MM# 2 Exhibit B, Rollins Affidavit Re: TM# 3 Exhibit C, Richard Affidavit# 4 Exhibit C1, Vollmer Affidavit# 5 Exhibit C2, Hoff Affidavit# 6 Exhibit C3, Hicks Email# 7 Exhibit C4, Moore Affidavit)(Mancini, Joseph) (Entered: 08/01/2005)

08/16/2005 90 MOTION for Extension of Time to File Response/Reply as to 89 Third MOTION for Summary Judgment New date requested 11/25/2005. by Plaintiffs D.B. a minor child by and through her next friend Shanda Spurlock, and all others similarly situated, H. H., J.P. and all others similarly situated, S.J. and all others similarly situated. (Kinsley, Jennifer) (Entered: 08/16/2005)

08/17/2005 91 ORDER Setting Hearing on Motion 6 MOTION to Certify Class: Motion Hearing set for 9/9/2005 10:00 AM in Courtroom 1 before Algenon L. Marbley. Signed by Judge Algenon L. Marbley on 8/17/2005. (cw, ) (Entered: 08/17/2005)

08/29/2005 92 RESPONSE in Opposition re 90 MOTION for Extension of Time to File Response/Reply as to 89 Third MOTION for Summary Judgment New date requested 11/25/2005. filed by Defendants Bob Taft, Ohio Department of Youth Services, Geno Natalucci-Perischetti. (Mancini, Joseph) (Entered: 08/29/2005)

08/30/2005 93 NOTICE by Defendants Ohio Department of Youth Services, Geno Natalucci-Perischetti to File a Supplemental Memorandum in Support of Their 3rd Motion for Summary Judgment (Mancini, Joseph) (Entered: 08/30/2005)

08/30/2005 94 MOTION for Extension of Time to Complete Discovery New date requested 2/1/2006. by Plaintiffs D.B. a minor child by and through her next friend Shanda Spurlock, and all others similarly situated, H. H., J.P. and all others similarly situated, S.J. and all others similarly situated. (Kinsley, Jennifer) (Entered: 08/30/2005)

09/06/2005 95 REPLY to Response to Motion re 90 MOTION for Extension of Time to File Response/Reply as to 89 Third MOTION for Summary Judgment New date requested 11/25/2005. filed by Plaintiffs D.B. a minor child by and through her next friend Shanda Spurlock, and all others similarly situated, H. H., J.P. and all others similarly situated, S.J. and all others similarly situated. (Attachments: # 1Order; Affidavit of Jennifer Kinsley)(Kinsley, Jennifer) (Entered: 09/06/2005)

09/07/2005 96 ORDER finding as moot 23 Motion to Dismiss . Signed by Judge Algenon L. Marbley on 9/7/2005. (cw, ) (Entered: 09/07/2005)

09/08/2005 97 MOTION for Order to Grant Leave to File Supplemental Memorandum in Support of Third Motion for Summary Judgment by Defendants Ohio Department of Youth Services, Geno Natalucci-Perischetti. (Attachments: # 1 Supplemental


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Memorandum in Support of Third Motion for Summary Judgment# 2 Exhibit A of Supplemental Memorandum in Support of Third Motion for Summary Judgment)(Mancini, Joseph) (Entered: 09/08/2005)

09/09/2005 98 Minute Entry for proceedings held before Judge Algenon L. Marbley : Motion Hearing held on 9/9/2005 re 6 MOTION to Certify Class filed by J.P. and all others similarly situated. (Court Reporter Joan Koenig.) (sln, ) (Entered: 09/09/2005)

09/12/2005 99 ORDER granting # 97 Motion for Order to file the memorandum in support. Signed by Judge Norah McCann King on 9/12/05. (rew ) (Entered: 09/12/2005)

09/12/2005 100 Supplemental Supporting: Defendants (Ohio Department of Youth services and Director Thomas Stickrath) supplemental memorandum in support of their third motion for summary judgment. (Attachments: # 1 Exhibit)(rew) (Entered: 09/12/2005)

09/15/2005 101 MOTION for Order to Stay Discovery by Defendants Ohio Department of Youth Services, Geno Natalucci-Perischetti. (Attachments: # 1 Exhibit A, Affidavit of Philip King)(Mancini, Joseph) (Entered: 09/15/2005)

09/16/2005 102 MOTION for Order to Grant Leave to File Second Supplemental Memorandum in Support of Third Motion for Summary Judgment by Defendants Ohio Department of Youth Services, Geno Natalucci-Perischetti. (Attachments: # 1Second Supplement in Support of Third Motion for Summary Judgment# 2Exhibit A of Second Supplement in Support of 3rd Motion for Summary Judgment)(Mancini, Joseph) (Entered: 09/16/2005)

09/20/2005 103 RESPONSE in Opposition re 94 MOTION for Extension of Time to Complete Discovery New date requested 2/1/2006. filed by Defendants Ohio Department of Youth Services, Geno Natalucci-Perischetti. (Mancini, Joseph) (Entered: 09/20/2005)

09/27/2005 104 MOTION for Extension of Time to File Response/Reply New date requested 10/14/2005. by Plaintiffs D.B. a minor child by and through her next friend Shanda Spurlock, and all others similarly situated, H. H., J.P. and all others similarly situated, S.J. and all others similarly situated. (Kinsley, Jennifer) (Entered: 09/27/2005)

09/27/2005 105 MOTION Table Preliminary Pretrial Order re 21 Preliminary Pretrial Order,, by Plaintiffs D.B. a minor child by and through her next friend Shanda Spurlock, and all others similarly situated, H. H., J.P. and all others similarly situated, S.J. and all others similarly situated. (Kinsley, Jennifer) (Entered: 09/27/2005)

09/29/2005 106 ORDER GRANTING 24Defendants' Second Motion for Summary Judgment. DENYING 25as moot Defendants' First Motion for Summary Judgment, and DENYING 51as moot Defendants' Motion to Disqualify Kim Brooks Tandy as Counsel for Plaintiffs. DISMISSING 6 Plaintiffs' Motion for Class Certification, WITHOUT PREJUDICE to re-filing, if otherwise appropriate, following resolution of Defendants' Third Motion for Summary Judgment. Signed by Judge Algenon L. Marbley on 9/29/2005. (cw, ) (Entered: 09/29/2005)

09/29/2005 107 ORDER granting # 104 Motion for Extension of Time to File Response. Responses due by 10/14/2005 Signed by Judge Norah McCann King on 9/28/05.


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(rew) (Entered: 09/29/2005)

10/04/2005 108 NOTICE of Appearance by Geoffrey J Moul Defendants Ohio Department of Youth Services, Thomas Stickrath (Moul, Geoffrey) (Entered: 10/04/2005)

10/10/2005 109 MOTION to Alter Judgment of Septemberf 29, 2005 Opinion and Order granting Summary Judgment to Defendants by Plaintiffs D.B. a minor child by and through her next friend Shanda Spurlock, and all others similarly situated, H. H., J.P. and all others similarly situated, S.J. and all others similarly situated. (Attachments: # 1 Exhibit Exhibits A through P - Various documentation# 2Exhibit Exhibit Q through AA - Various documentation)(Kinsley, Jennifer) (Entered: 10/10/2005)

10/18/2005 110 RESPONSE in Opposition re 105 MOTION Table Preliminary Pretrial Order re 21 Preliminary Pretrial Order,, filed by Defendants Ohio Department of Youth Services, Geno Natalucci-Perischetti, Thomas Stickrath. (Mancini, Joseph) (Entered: 10/18/2005)

10/25/2005 111 Unopposed MOTION for Extension of Time to File Response/Reply as to 109MOTION to Alter Judgment of Septemberf 29, 2005 Opinion and Order granting Summary Judgment to Defendants New date requested 11/14/2005. by Defendants Ohio Department of Youth Services, Thomas Stickrath. (Mancini, Joseph) (Entered: 10/25/2005)

10/25/2005 112 ORDER granting # 111 Motion for extension of time to file a response. Defendants will file a response to Plaintiffs motion to alter or amend by 11/14/05. Signed by Judge Norah McCann King on 10/25/05. (rew) (Entered: 10/25/2005)

11/04/2005 113 ORDER granting # 47 Motion to Seal, denying # 52 Motion for Order to, granting # 102 Motion for Order to file a supplemental memorandum in support of the third motion for leave to fiel a second supplemental memorandum. Signed by Judge Norah McCann King on 11/04/05. (rew ) (Entered: 11/04/2005)

11/04/2005 114 Defendants' (Ohio Department of Youth Services & Director Thomas Stickrath) Second Supplemental Memorandum In Support of Their Third Motion for Summary Judgment. (rew ) Additional attachment(s) added on 11/7/2005; modified docket text on 11/7/2005 to include what the memorandum was in support of. (er ) (Entered: 11/04/2005)

11/14/2005 115 RESPONSE in Opposition re 109 MOTION to Alter Judgment of Septemberf 29, 2005 Opinion and Order granting Summary Judgment to Defendants filed by Defendants Ohio Department of Youth Services, Thomas Stickrath. (Mancini, Joseph) (Entered: 11/14/2005)

11/16/2005 116 MOTION for Extension of Time to File Response/Reply as to 115 Response in Opposition to Motion New date requested 12/9/2005. by Plaintiffs D.B. a minor child by and through her next friend Shanda Spurlock, and all others similarly situated, H. H., J.P. and all others similarly situated, S.J. and all others similarly situated. (Kinsley, Jennifer) (Entered: 11/16/2005)

11/17/2005 117 ORDER granting # 116 Motion for extension of time to file reply. Plaintiffs reply due by 12/9/2005. Signed by Judge Norah McCann King on 11/17/05. (rew) (Entered: 11/17/2005)


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12/06/2005 118 REPLY to Response to Motion re 109 MOTION to Alter Judgment of Septemberf 29, 2005 Opinion and Order granting Summary Judgment to Defendants filed by Plaintiffs D.B. a minor child by and through her next friend Shanda Spurlock, and all others similarly situated, H. H., J.P. and all others similarly situated, S.J. and all others similarly situated. (Kinsley, Jennifer) (Entered: 12/06/2005)

03/15/2006 119 ORDER finding as moot 105 Motion to Table the Court's Preliminary Pretrial Order, denying 109 Motion to Alter Judgment. Signed by Judge Algenon L. Marbley on 3/15/2006. (cw, ) (Entered: 03/15/2006)

03/15/2006 120 ORDER SETTING TELEPHONIC STATUS CONFERENCE Telephonic Status Conference set for 3/17/2006 10:00 AM before Algenon L. Marbley. Signed by Judge Algenon L. Marbley on 3/15/2006. (cw, ) (Entered: 03/15/2006)

03/17/2006 121 ORDER finding as moot 90 Motion for Extension of Time to File Response/Reply, finding as moot 94 Motion for Extension of Time to Complete Discovery. The Court sets the following schedule for discovery limited to the matter of Plaintiff, T.M.'s, claims: 4/17/06 discovery completed, 5/8/06 Plaintiff's Memorandum in Opposition due, 5/17/06 Defendants' Reply due. Signed by Judge Algenon L. Marbley on 3/17/2006. (cw, ) (Entered: 03/17/2006)

04/05/2006 122 ORDER Setting Hearing on Motion 89 Third MOTION for Summary Judgment: Motion Hearing set for 6/2/2006 09:00 AM in Courtroom 1 before Algenon L. Marbley. Signed by Judge Algenon L. Marbley on 4/5/2006. (cw, ). Modified on 4/5/2006 (cw, ). (Entered: 04/05/2006)

04/12/2006 123 First MOTION for Order to Amend this Court's Discovery and Briefing Schedule Concerning T.M.'s Claim by Defendants Ohio Department of Youth Services, Thomas Stickrath. (Attachments: # 1 Exhibit A# 2 Exhibit B)(Mancini, Joseph) (Entered: 04/12/2006)

04/19/2006 124 TRANSCRIPT of Proceedings (Telephone Status Conference) held on 3/17/2006 before Judge Algenon L. Marbley. Court Reporter: Joan E. Koenig. (Original transcript filed with the Clerk's Office). (er ) (Entered: 04/19/2006)

04/20/2006 125 Second MOTION to Certify Class by Plaintiffs D.B. a minor child by and through her next friend Shanda Spurlock, and all others similarly situated, H. H., J.P. and all others similarly situated, S.J. and all others similarly situated. Responses due by 5/15/2006 (Kinsley, Jennifer) (Entered: 04/20/2006)

04/21/2006 126 ORDER granting 79 Motion to Dismiss. Finding as MOOT the First Motion to Dismiss 23. Signed by Judge Algenon L. Marbley on 4/21/2006. (cw, ) (Entered: 04/21/2006)

04/25/2006 127 MOTION for Order to Dismiss Without Prejudice Plaintiffs Second Motion for Class Certification by Defendants Ohio Department of Youth Services, Thomas Stickrath. (Mancini, Joseph) (Entered: 04/25/2006)

04/26/2006 128 ORDER Setting Hearing on Motion 89 Third MOTION for Summary Judgment: Motion Hearing set for 6/1/2006 10:00 AM in Courtroom 1 before Algenon L. Marbley. Signed by Judge Algenon L. Marbley on 4/26/2006. (cw, ) (Entered: 04/26/2006)


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04/28/2006 129 Supplemental MOTION for Order to Amend This Courts Briefing Schedule Concerning T.M.s Claim by Defendants Ohio Department of Youth Services, Thomas Stickrath. (Attachments: # 1 Exhibit A, Emails)(Mancini, Joseph) (Entered: 04/28/2006)

05/02/2006 130 RESPONSE to Motion re 123 First MOTION for Order to Amend this Court's Discovery and Briefing Schedule Concerning T.M.'s Claim filed by Plaintiffs D.B. a minor child by and through her next friend Shanda Spurlock, and all others similarly situated, H. H., J.P. and all others similarly situated, S.J. and all others similarly situated. (Attachments: # 1 Exhibit Portion of TM deposition transcript)(Kinsley, Jennifer) (Entered: 05/02/2006)

05/04/2006 131 MOTION for Order to Grant Leave To File Unsigned Deposition Transcripts by Defendants Ohio Department of Youth Services, Thomas Stickrath. (Attachments: # 1 Defendants Notice of Filing McKinney Deposition# 2Deposition of Terrence McKinney# 3 McKinney Deposition Exhibits# 4Defendants Notice of Filing Hicks Deposition# 5 Deposition of Sharon Hicks# 6Hicks Deposition Exhibits# 7 Defendants Notice of Filing Mathews Deposition# 8 Part 1 - Deposition of Larry Mathews# 9 Part 2 - Deposition of Larry Mathews# 10 Mathews Deposition Exhibits)(Mancini, Joseph) (Entered: 05/04/2006)

05/08/2006 132 MOTION for Order to Grant Leave to File Third Supplemental Memorandum in Support of Defendants Third Motion for Summary Judgment by Defendants Ohio Department of Youth Services, Thomas Stickrath. (Attachments: # 1 Third Supplemental Memorandum in Support of Defendants Third Motion for Summary Judgment# 2 Exhibit A, Declaration of J Rollins# 3 Exhibit B, Declaration of N Hills# 4 Exhibit C, Declaration of S Vollmer)(Mancini, Joseph) (Entered: 05/08/2006)

05/08/2006 133 ORDER granting 123 Motion for Order amending court's discovery and briefing schedule, granting 129 Motion, Memorandum in Support of [123, conditioned upon Defendants' provision of language specified in order. Oral Argument on the Third Motion for Summary Judgment is rescheduled for 6/8/2006 at 9:00 a.m. before Algenon L. Marbley. Signed by Judge Algenon L. Marbley on 5/8/2006. (cw, ) (Entered: 05/08/2006)

05/08/2006 134 Supplemental Memorandum Supporting re 89 Third MOTION for Summary Judgment by Defendants Ohio Department of Youth Services, Thomas Stickrath. (Attachments: # 1 Exhibit A, Declaration of J Rollins# 2 Exhibit B, Declaration of N Hills# 3 Exhibit C, Declaration of S Vollmer)(Mancini, Joseph) (Entered: 05/08/2006)

05/16/2006 135 RESPONSE to Motion re 127 MOTION for Order to Dismiss Without Prejudice Plaintiffs Second Motion for Class Certification filed by Plaintiffs D.B. a minor child by and through her next friend Shanda Spurlock, and all others similarly situated, H. H., J.P. and all others similarly situated, S.J. and all others similarly situated. (Kinsley, Jennifer) (Entered: 05/16/2006)

05/24/2006 136 RESPONSE in Opposition re 89 Third MOTION for Summary Judgment filed by Plaintiffs D.B. a minor child by and through her next friend Shanda Spurlock, and all others similarly situated, H. H., J.P. and all others similarly situated, S.J. and all others similarly situated. (Attachments: # 1 Exhibit TM Deposition


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Transcript# 2 Exhibit Larry Mathews Deposition Transcript# 3 Exhibit Larry Mathews Deposition Exhibits# 4 Exhibit Sharon Hicks Deposition Transcript# 5Affidavit TM Affidavit# 6 Affidavit Matthew Brownfield Affidavit# 7 Exhibit Telephone Status Report Conference Transcript# 8 Exhibit Dept. of Justice Letter# 9 Affidavit Jennifer M. Kinsley Affidavit# 10 Affidavit Shawn Maddox Affidavit# 11 Affidavit Marc D. Mezibov Affidavit)(Kinsley, Jennifer) (Entered: 05/24/2006)

06/02/2006 137 REPLY to Response to Motion re 89 Third MOTION for Summary Judgment and Supplement to Third Motion for Summary Judgment filed by Defendants Ohio Department of Youth Services, Thomas Stickrath. (Attachments: # 1Exhibit D, Hills Declaration# 2 Exhibit E, Riegsecker Affidavit# 3 Exhibit F, Rich Affidavit)(Mancini, Joseph) (Entered: 06/02/2006)

06/05/2006 138 NOTICE by Defendants Ohio Department of Youth Services, Geno Natalucci-Perischetti, Thomas Stickrath re 137 Reply to Response to Motion, List of Additional Authorities in Support of Defendants' Reply to Response to Third Motion for Summary Judgment (Mancini, Joseph) (Entered: 06/05/2006)

06/07/2006 139 NOTICE by Defendants Ohio Department of Youth Services, Thomas Stickrath Of Filing The Deposition Transcript Of Terrence McKinney (Attachments: # 1Part 1 of Deposition Transcript# 2 Part 2 of Deposition Transcript# 3 Deposition Exhibits)(Mancini, Joseph) (Entered: 06/07/2006)

06/09/2006 Minute Entry for proceedings held before Judge Algenon L. Marbley : Oral Arguments held on 6/9/2006. The Court listened to arguments of both counsel and will render a decision within the next three (3) weeks. (Court Reporter L. Samuels.) (bc1, ) (Entered: 06/09/2006)

07/07/2006 140 ORDER denying 89 Motion for Summary Judgment . Signed by Judge Algenon L. Marbley on 7/7/2006. (cw, ) (Entered: 07/07/2006)

07/11/2006 141 ORDER SETTING A TELEPHONIC STATUS CONFERENCETelephonic Status Conference set for 7/20/2006 03:00 PM before Algenon L. Marbley. Signed by Judge Algenon L. Marbley on 7/11/2006. (cw, ) (Entered: 07/11/2006)

07/18/2006 142 NOTICE by Defendants Ohio Department of Youth Services, Thomas Stickrath of Settlement of T.M.'s Physical Assault Claim (Mancini, Joseph) (Entered: 07/18/2006)

07/18/2006 143 NOTICE of Appearance by Richard Thomas Cholar, Jr Defendants Bob Taft, Ohio Department of Youth Services, Geno Natalucci-Perischetti, Thomas Stickrath (Cholar, Richard) (Entered: 07/18/2006)

07/19/2006 144 TRANSCRIPT of Proceedings (Defendant's third motion for summary judgment) held on June 8, 2006 before Judge Algenon L. Marbley. Court Reporter: L. Samuels. (bc1, ) (Entered: 07/19/2006)

07/20/2006 145 Second MOTION to Amend/Correct 140 Order on Motion for Summary Judgment by Plaintiffs D.B. a minor child by and through her next friend Shanda Spurlock, and all others similarly situated, H. H., J.P. and all others similarly situated, S.J. and all others similarly situated. (Kinsley, Jennifer) (Entered: 07/20/2006)


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07/20/2006 146 ORDER Final Pretrial Conference set for 10/26/2007 11:00 AM in chambers before Algenon L. Marbley. Jury Trial set for 11/5/2007 09:00 AM in Courtroom 1 before Algenon L. Marbley. Settlement Conference set for 10/1/2007 09:30 AM in chambers before Algenon L. Marbley. Signed by Judge Algenon L. Marbley on 7/20/2006. (Attachments: # 1 Exhibit A# 2 Exhibit B)(cw, ) (Entered: 07/20/2006)

07/21/2006 147 AMENDED OPINION AND ORDER eliminating footnote 25 at the request of both parties re 140 Order on Motion for Summary Judgment. Signed by Judge Algenon L. Marbley on 7/21/2006. (cw, ) (Entered: 07/21/2006)

07/21/2006 148 MOTION for Order to Alter Or Amend This Courts July 7, 2006 Order by Defendants Ohio Department of Youth Services, Thomas Stickrath. (Mancini, Joseph) (Entered: 07/21/2006)

07/25/2006 149 MOTION for Order to ALTER OR AMEND THIS COURTS JULY 21, 2006 ORDER by Defendants Ohio Department of Youth Services, Thomas Stickrath. (Mancini, Joseph) (Entered: 07/25/2006)

07/27/2006 150 NOTICE OF WITHDRAWL OF DOCUMENT by Plaintiffs D.B. a minor child by and through her next friend Shanda Spurlock, and all others similarly situated, J.P. and all others similarly situated, S.J. and all others similarly situated re 145Second MOTION to Amend/Correct 140 Order on Motion for Summary Judgment (Kinsley, Jennifer) (Entered: 07/27/2006)

08/01/2006 151 MOTION to Withdraw as Attorney Motion to Withdraw as Co-Counsel for Defendants (Ohio Department of Youth Services and Director Thomas Stickrathby Defendant Thomas Stickrath. (Reese, Mary) (Entered: 08/01/2006)

08/02/2006 152 ORDER granting 151 Motion to Withdraw as Attorney. Attorney Mary Anne Reese terminated. Signed by Judge Norah McCann King on 8/2/06. (er ) (Entered: 08/02/2006)

08/11/2006 153 Supplemental Memorandum Supporting Plaintiffs' Second Motion for Class Certification filed by Plaintiffs D.B. a minor child by and through her next friend Shanda Spurlock, and all others similarly situated, H. H., J.P. and all others similarly situated, S.J. and all others similarly situated, D.B. a minor child by and through her next friend Shanda Spurlock, and all others similarly situated, J.P. and all others similarly situated, S.J. and all others similarly situated. (Attachments: # 1 Affidavit Kristin Messer)(Kinsley, Jennifer) (Entered: 08/11/2006)

08/11/2006 154 RESPONSE in Opposition re 149 MOTION for Order to ALTER OR AMEND THIS COURTS JULY 21, 2006 ORDER filed by Plaintiffs D.B. a minor child by and through her next friend Shanda Spurlock, and all others similarly situated, H. H., J.P. and all others similarly situated, S.J. and all others similarly situated. (Kinsley, Jennifer) (Entered: 08/11/2006)

08/14/2006 155 TRANSCRIPT of Proceedings held on July 20, 2006 before Judge Marbley. Court Reporter: Gina Wells. FOR COMPLETE COPY OF TRANSCRIPT CONTACT THE COURTREPORTER. (lvw, ) Modified on 8/14/2006 (lvw, ). (Entered: 08/14/2006)


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08/22/2006 156 Reply to Plaintiffs Memorandum in Opposition to Defendants Motion to Alter or Amend this Courts July 21, 2006 Order by Defendants Ohio Department of Youth Services, Thomas Stickrath. (Mancini, Joseph) (Entered: 08/22/2006)

08/25/2006 157 Supplemental Memorandum Opposing re 153 Supplemental - Supporting,, Memorandum in Opposition to Plaintiffs Supplemental Memorandum in Support of Second Motion for Class Certification filed by Defendants Ohio Department of Youth Services, Thomas Stickrath, Ohio Department of Youth Services, Thomas Stickrath. (Attachments: # 1 Exhibit A, Proposed Class Definition# 2 Exhibit B, Affidavit of Richard# 3 Exhibit C, Affidavit of Thomas)(Mancini, Joseph) (Entered: 08/25/2006)

08/28/2006 158 MOTION for Order to Grant Leave to File An Amended Version Of Their Previously Filed Memorandum In Opposition To Plaintiffs Second Motion For Class Certification by Defendants Ohio Department of Youth Services, Thomas Stickrath. (Attachments: # 1 Defendants Memorandum in Opposition to Plaintiffs Second Motion for Class Certification# 2 Exhibit A, Proposed Class Definition# 3 Exhibit B, Richard Affidavit# 4 Exhibit C, Thomas Affidavit)(Mancini, Joseph) (Entered: 08/28/2006)

08/29/2006 159 MOTION for Extension of Time New date requested 9/25/2006. to reply to Defendants' response to Plaintiffs' Motion for Class Certification by Plaintiffs D.B. a minor child by and through her next friend Shanda Spurlock, and all others similarly situated, H. H., J.P. and all others similarly situated, S.J. and all others similarly situated. (Kinsley, Jennifer) (Entered: 08/29/2006)

08/29/2006 160 ORDER granting 158 Motion for Order to file an amended vertion of the previously filed memorandum in opposition to plaintiffs' second motion for class certification. Signed by Judge Norah McCann King on 8/29/06. (jdm, ) (Entered: 08/30/2006)

08/30/2006 161 RESPONSE in Opposition re 159 MOTION for Extension of Time New date requested 9/25/2006. to reply to Defendants' response to Plaintiffs' Motion for Class Certification filed by Defendants Ohio Department of Youth Services, Thomas Stickrath. (Cholar, Richard) (Entered: 08/30/2006)

08/31/2006 162 REPLY to Response to Motion re 159 MOTION for Extension of Time New date requested 9/25/2006. to reply to Defendants' response to Plaintiffs' Motion for Class Certification filed by Plaintiffs D.B. a minor child by and through her next friend Shanda Spurlock, and all others similarly situated, H. H., J.P. and all others similarly situated, S.J. and all others similarly situated. (Kinsley, Jennifer) (Entered: 08/31/2006)

09/06/2006 163 ORDER Setting Hearing on Motion 125 Second MOTION to Certify Class: Motion Hearing set for 12/1/2006 09:30 AM in Courtroom 1 before Algenon L. Marbley. Signed by Judge Algenon L. Marbley on 9/6/2006. (cw, ) (Entered: 09/06/2006)

09/08/2006 164 RESPONSE in Support re 125 Second MOTION to Certify Class filed by Plaintiffs D.B. a minor child by and through her next friend Shanda Spurlock, and all others similarly situated, H. H., J.P. and all others similarly situated, S.J. and all others similarly situated. (Attachments: # 1 Affidavit Mary L. Kovalesky)(Kinsley, Jennifer) (Entered: 09/08/2006)


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09/14/2006 165 MOTION for Leave to File Supplement Reply to Defendant's Response to Motion for Class Certification on the Basis on Newly Discovered Evidence by Plaintiffs D.B. a minor child by and through her next friend Shanda Spurlock, and all others similarly situated, H. H., J.P. and all others similarly situated, S.J. and all others similarly situated. (Attachments: # 1 Exhibit CIIC Evaluation of DYS Grievance Procedure)(Kinsley, Jennifer) (Entered: 09/14/2006)

10/04/2006 166 Unopposed MOTION for Extension of Time New date requested 10/19/2006. by Defendants Ohio Department of Youth Services, Thomas Stickrath. (Cholar, Richard) (Entered: 10/04/2006)

10/05/2006 167 ORDER granting 166 Motion for Extension of Time to respond to Plaintiff' motion for leave to supplement its reply. Extended to 10/19/06. Signed by Judge Norah McCann King on 10/5/06. (kch) (Entered: 10/05/2006)

10/05/2006 168 MOTION to Withdraw as Attorney (Joseph M. Mancini, Richard Cholar, Philip A. King) by Defendants Ohio Department of Youth Services, Thomas Stickrath. (Mancini, Joseph) (Entered: 10/05/2006)

10/05/2006 169 ORDER granting 168 Motion to Withdraw as Attorney. Attorneys Joseph M. Mancini, Richard Thomas Cholar, Jr and Philip A King terminated. Signed by Judge Norah McCann King on 10/5/2006. (er ) (Entered: 10/06/2006)

10/10/2006 170 ORDER denying 149 Motion for Order to Alter or Amend the July 21, 2006 Order. Signed by Judge Algenon L. Marbley on 10/10/2006. (cw, ) (Entered: 10/10/2006)

10/12/2006 171 ORDER SETTING SETTLEMENT CONFERENCE Settlement Conference set for 10/19/2006 09:00 AM in chambers before Algenon L. Marbley. Signed by Judge Algenon L. Marbley on 10/12/2006. (cw, ) (Entered: 10/12/2006)

10/16/2006 172 ORDER RESETTING SETTLEMENT CONFERENCE Settlement Conference reset for 10/31/2006 09:00 AM in chambers before Algenon L. Marbley. Signed by Judge Algenon L. Marbley on 10/31/2006. (cw, ) (Entered: 10/16/2006)

10/30/2006 173 Writ of Habeas Corpus ad Prosequendum Issued for October 31, 2006. (bc1, ) (Entered: 10/30/2006)

10/30/2006 174 ORDER RESETTING SETTLEMENT CONFERENCE Settlement Conference reset for 11/7/2006 09:30 AM in chambers before Algenon L. Marbley. Signed by Judge Algenon L. Marbley on 10/30/2006. (cw, ) (Entered: 10/30/2006)

10/31/2006 175 ORDER RESETTING SETTLEMENT CONFERENCE AND CLASS CERTIFICATION HEARING Class Certification Hearing reset for 1/12/2007 09:00 AM in Courtroom 1 before Algenon L. Marbley. Settlement Conference set for 12/1/2006 09:30 AM in chambers before Algenon L. Marbley. Signed by Judge Algenon L. Marbley on 10/31/2006. (cw, ) (Entered: 10/31/2006)

11/02/2006 176 Writ of Habeas Corpus ad Prosequendum Issued for December 1, 2006. (bc1, ) (Entered: 11/02/2006)

12/27/2006 177 NOTICE of Appearance by Brian A Basil Defendants Ohio Department of Youth Services, Thomas Stickrath (Basil, Brian) (Entered: 12/27/2006)


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01/05/2007 178 STIPULATION of Settlement by Plaintiffs D.B. a minor child by and through her next friend Shanda Spurlock, and all others similarly situated, J.P. and all others similarly situated, S.J. and all others similarly situated, Defendants Ohio Department of Youth Services, Thomas Stickrath. (Attachments: # 1 Exhibit A# 2 Exhibit B)(Moul, Geoffrey) (Entered: 01/05/2007)

01/05/2007 179 Joint MOTION for Order to Preliminarily Approve Settlement, Conditionally Certify the Settlement Class, Direct Notice to the Class, and Schedule of Final Fairness Hearing by Plaintiffs D.B. a minor child by and through her next friend Shanda Spurlock, and all others similarly situated, J.P. and all others similarly situated, S.J. and all others similarly situated, Defendants Ohio Department of Youth Services, Thomas Stickrath. (Moul, Geoffrey) (Entered: 01/05/2007)

01/12/2007 180 ORDER Preliminary approving settlement, conditionally certifying the settlement class, directing notice to the class and scheduling settlement hearing; A hearing in this Court shall be held on March 6, @ 9:00. Signed by Judge Algenon L. Marbley on January 12, 2007. (bc1, ) (Entered: 01/12/2007)

03/05/2007 181 NOTICE by Defendants Ohio Department of Youth Services, Thomas Stickrath Statement of Compliance with Court's Order of January 12, 2007 Directing That Notice Be Given to the Class (Attachments: # 1 Exhibit A - Declarations)(Moul, Geoffrey) (Entered: 03/05/2007)

03/06/2007 182 CONSENT DECREE. Signed by Judge Algenon L. Marbley on 3/6/2007. (cw, ) (Entered: 03/06/2007)

03/06/2007 Minute Entry for proceedings held before Judge Algenon L. Marbley: Settlement Conference held on 3/6/2007. (Court Reporter Laura Samuels.) (er ) (Entered: 03/08/2007)

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