Murphy et al v. Minnesota Department of Human Services et al
Plaintiff: Tenner Murphy, Marrie Bottelson and Dionne Swanson
Defendant: Minnesota Department of Human Services, The and Emily Johnson Piper
Case Number: 0:2016cv02623
Filed: August 3, 2016
Court: US District Court for the District of Minnesota
Office: DMN Office
County: Dakota
Presiding Judge: Donovan W. Frank
Presiding Judge: Becky R. Thorson
Nature of Suit: Americans with Disabilities - Other
Cause of Action: 42:1983
Jury Demanded By: Plaintiff

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
March 26, 2021 Opinion or Order Filing 737 MEMORANDUM OPINION AND ORDER - Defendant's objections (Doc. No. 734 ) to Magistrate Judge Becky R. Thorson's February 10, 2021 Limited Discovery Scheduling Order (Doc. No. 732 ) and her February 17, 2021 Order/Notice to Attorney (Doc. No. 733 ) are OVERRULED. Magistrate Judge Becky R. Thorson's February 10, 2021 Limited Discovery Scheduling Order (Doc. No. 732 ) is AFFIRMED with the typographical amendment set forth above. Magistrate Judge Becky R. Thorson's February 17, 2021 Order/Notice to Attorney (Doc. No. 733 ) is AFFIRMED. (Written Opinion) Signed by Judge Donovan W. Frank on 3/26/2021. (las)
December 3, 2020 Opinion or Order Filing 726 MEMORANDUM OPINION AND ORDER: Plaintiffs' Rule 42 Motion to Bifurcate Trial (Doc. 708 ) is respectfully DENIED. (Written Opinion) Signed by Judge Donovan W. Frank on 12/3/2020. (las)
September 25, 2020 Opinion or Order Filing 718 MEMORANDUM OPINION AND ORDER - Plaintiffs objection (Doc. No. 707 ) to Magistrate Judge Becky R. Thorson's August 31, 2020 Order (Doc. No. 706 ) is OVERRULED. Magistrate Judge Becky R. Thorson's August 31, 2020 Order (Doc. No. 706 ) on Plaintiffs Plaintiffs Motion for Sanctions (Doc. No. 682 ) is AFFIRMED in its entirety.(Written Opinion) Signed by Judge Donovan W. Frank on 9/25/2020. (las)
January 17, 2020 Opinion or Order Filing 676 ORDER - Plaintiffs Objection (Doc. No. 672 ) to Magistrate Judge Becky R. Thorson's December 6, 2019 Order on Defendants Motion/Request for relief is GRANTED insofar as the Court will retain its discretion to decide at trial whether a party ma y properly use a document to refresh a witnesss recollection. Defendant's Objection (Doc. No. 673 ) to Magistrate Judge Becky R. Thorsons December 6, 2019 Order on Defendants Motion/Request for relief is DENIED. Magistrate Judge Becky R. Thorsons December 6, 2019 Order on Defendants Motion/Request for relief (Doc. No. 671 ) is AFFIRMED with the following modification to Paragraph 1(a).(Written Opinion) Signed by Judge Donovan W. Frank on 1/16/2020. (See Order for Further Detail) (las)
December 6, 2019 Opinion or Order Filing 671 ORDER granting in part and denying in part 650 Defendant's Motion\Request for relief. (Written Opinion) Signed by Magistrate Judge Becky R. Thorson on 12/6/2019. (DMM)
September 27, 2019 Opinion or Order Filing 661 ORDER denying 480 Motion for Summary Judgment; granting in part and denying in part 495 Motion for Partial Summary Judgment. See Order for details. (Written Opinion). Signed by Judge Donovan W. Frank on 9/27/2019. (KLL)
August 14, 2019 Opinion or Order Filing 646 ORDER - Defendant's request for leave to file a motion for reconsideration (Doc. No. 642 ) is DENIED.(Written Opinion) Signed by Judge Donovan W. Frank on 8/14/2019. (las)
August 7, 2019 Opinion or Order Filing 644 MEMORANDUM OPINION AND ORDER - Plaintiff's Motion to Exclude Expert Testimony of John Patterson (Doc. No. 488 ) is GRANTED. Defendant's Motion to Exclude Plaintiffs' Expert Testimony, Reports, and Opinions (Doc. No. 468 ) is DENIED.(Written Opinion) Signed by Judge Donovan W. Frank on 8/6/2019. (las)
July 26, 2019 Opinion or Order Filing 640 MEMORANDUM OPINION AND ORDER denying 418 Motion to Decertify the Class. IT IS HEREBY ORDERED that Defendants Motion to Decertify the Class(Doc. No. 418 ) is DENIED. (Written Opinion) Signed by Judge Donovan W. Frank on 7/26/2019. (LJL)
December 10, 2018 Opinion or Order Filing 592 ORDER: Defendant's appeal (Doc. No. 392 ) of Magistrate Judge Becky R. Thorson's Order on Defendant's request to file a motion for reconsideration is OVERRULED. Magistrate Judge Becky R. Thorson's October 19, 2018 Order on Defendant's request to file a motion for reconsideration (Doc. No. 389 ) is AFFIRMED. (Written Opinion) Signed by Judge Donovan W. Frank on 12/10/2018. (las)
November 9, 2018 Opinion or Order Filing 415 ORDER: Defendant's appeal (Doc. No. 370 ) of Magistrate Judge Becky R. Thorson's Order and Opinion on Plaintiffs' Motion to Compel and Defendant's Motion to Compel is OVERRULED. Magistrate Judge Becky R. Thorson's August 29, 2018 Order and Opinion on Defendant's Motions to Compel (Doc. No. 365 is AFFIRMED consistent with this Order. (Written Opinion) Signed by Judge Donovan W. Frank on 11/9/2018. (las)
August 6, 2018 Opinion or Order Filing 352 ORDER denying 243 Motion for Sanctions (Written Opinion) Signed by Magistrate Judge Becky R. Thorson on 8/6/2018. (DMM)
June 4, 2018 Opinion or Order Filing 238 ORDER granting in part and denying in part 207 Motion to Compel; granting in part and denying in part 213 Motion to Compel. See Order for details. (Written Opinion) Signed by Magistrate Judge Becky R. Thorson on 6/4/2018. (DMM)
May 18, 2018 Opinion or Order Filing 235 ORDER: Defendant Emily Johnson Piper's appeal (Doc. No. 203 ) of Magistrate Judge Becky R. Thorsons February 21, 2018 Order is OVERRULED. Magistrate Judge Becky R. Thorson's February 21, 2018 Order (Doc. No. 189 ) is AFFIRMED consistent with this Order.(Written Opinion) Signed by Judge Donovan W. Frank on 5/18/2018. (las)
May 4, 2018 Opinion or Order Filing 231 MEMORANDUM OPINION AND ORDER - ARRM's Motion to Intervene or, in the Alternative, for Leave to Serve as Amicus Curiae (Doc. No. [138)]) is GRANTED IN PART and DENIED IN PART as follows: a. ARRM's Motion to Intervene pursuant to Federa l Rule of Civil Procedure 24(a) or 24(b) is DENIED. b. ARRM's request to participate as amicus curiae is GRANTED. Should ARRM wish to participate in a particular capacity with respect to a pending motion or matter before the Court, ARRM shall notify the Court by filing a letter on the docket detailing its request.(Written Opinion) Signed by Judge Donovan W. Frank on 5/4/2018. (las)
December 14, 2017 Opinion or Order Filing 160 ORDER. 1. Defendant's appeal (Doc. No. 109 ) of Magistrate Judge Becky R. Thorsons October 4, 2017 Order and Opinion on Plaintiffs' Motion to Compel Regarding Temporal Scope and Terms for Searching Electronically Stored Information (ESI) is OVERRULED. 2. Magistrate Judge Becky R. Thorson's October 4, 2017 Order and Opinion on Plaintiffs' Motion to Compel Regarding Temporal Scope and Terms for Searching Electronically Stored Information (ESI) (Doc. No. 102 is AFFIRMED consistent with this Order. (Written Opinion). Signed by Judge Donovan W. Frank on 12/14/2017. (BJS)
November 22, 2017 Opinion or Order Filing 151 ORDER. 1. Defendant's appeal (Doc. No. 79 ) of Magistrate Judge Becky R. Thorson's Order and Opinion on Plaintiffs' Motion to Compel and Defendant's Motion to Compel is OVERRULED. 2. Magistrate Judge Becky R. Thorson's August 21, 2017 Order and Opinion on Plaintiffs' Motion to Compel and Defendants Motion to Compel (Doc. No. 78 ) is AFFIRMED consistent with this Order. (Written Opinion) Signed by Judge Donovan W. Frank on 11/22/2017. (BJS)
September 29, 2017 Opinion or Order Filing 99 MEMORANDUM OPINION AND ORDER. 1. Plaintiffs' Motion for Class Certification (Doc. No. 35 ) is GRANTED. 2. The following class is certified pursuant to Rule 23 of the Federal Rules of Civil Procedure: All individuals age 18 and older who are el igible for and have received a Disability Waiver, live in a licensed Community Residential Setting, and have not been given the choice and opportunity to reside in the most integrated residential setting appropriate to their needs. 3. Having consider ed the requirements of Rule 23(a)(4), the Court appoints Tenner Murphy, by his guardians Kay and Richard Murphy; Marrie Bottelson; and Dionne Swanson as class representatives. 4. Having considered the requirements of Rule 23(g) of the Federal Rules of Civil Procedure, the Court appoints Sean B. Burke, Justin H. Perl, Joseph W. Anthony, Steven M. Pincus, and Peter J. McElligott as class counsel.(Written Opinion) Signed by Judge Donovan W. Frank on 9/29/2017. (BJS)
May 18, 2017 Opinion or Order Filing 54 MEMORANDUM OPINION AND ORDER. 1. Defendants' Motion to Dismiss (Doc. No. 10 ) is GRANTED IN PART and DENIED IN PART as follows: a. The motion is GRANTED to the extent it seeks dismissal of the Minnesota Department of Human Services as a party. The Minnesota Department of Human Services is thus DISMISSED as a party to this action. b. The motion is DENIED in all other respects. 2. The Minnesota Department of Human Services is DISMISSED as a party to this action. All claims against Commissioner Johnson Piper, Commissioner of the Minnesota Department of Human Services, in her official capacity shall proceed. (Written Opinion) Signed by Judge Donovan W. Frank on 5/18/2017. (BJS)
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Search for this case: Murphy et al v. Minnesota Department of Human Services et al
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Plaintiff: Tenner Murphy
Represented By: Joseph W Anthony
Represented By: Sean B Burke
Represented By: Peter McElligott
Represented By: Justin H Perl
Represented By: Steven M Pincus
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Plaintiff: Marrie Bottelson
Represented By: Joseph W Anthony
Represented By: Sean B Burke
Represented By: Peter McElligott
Represented By: Justin H Perl
Represented By: Steven M Pincus
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Plaintiff: Dionne Swanson
Represented By: Joseph W Anthony
Represented By: Sean B Burke
Represented By: Peter McElligott
Represented By: Justin H Perl
Represented By: Steven M Pincus
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Defendant: Minnesota Department of Human Services, The
Represented By: Scott H Ikeda
Represented By: Janine Wetzel Kimble
Represented By: Ian M Welsh
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Defendant: Emily Johnson Piper
Represented By: Scott H Ikeda
Represented By: Janine Wetzel Kimble
Represented By: Ian M Welsh
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