Disability Rights Vermont v. Department of Children and Families et al
Plaintiff: Disability Rights Vermont
Defendant: Ken Schatz, Department of Children and Families, Jay Simons and State of Vermont
Case Number: 5:2019cv00106
Filed: June 21, 2019
Court: US District Court for the District of Vermont
Presiding Judge: Geoffrey W Crawford
Nature of Suit: Prisoner Petitions: Civil Detainee: Conditions of Confinement
Cause of Action: 42:1983
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on August 19, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 19, 2019 Filing 38 NOTICE OF DOCKET ENTRY CORRECTION re: #37 Proposed Stipulated Discovery Schedule/Order filed by Disability Rights Vermont. The document has been replaced to correct dates listed on page 2. The corrected document is now attached to #37 as well as this entry. (jlh)
August 15, 2019 Filing 37 PROPOSED Stipulated Discovery Schedule/Order by Disability Rights Vermont.(Ruben, Arthur) (Main Document 37 replaced on 8/19/2019) (jlh).
August 12, 2019 Filing 36 ANSWER to Complaint by Department of Children and Families, Ken Schatz, Jay Simons, State of Vermont.(McLean, David)
August 9, 2019 Opinion or Order Filing 35 PRELIMINARY INJUNCTION ORDER. Signed by Chief Judge Geoffrey W. Crawford on 8/9/2019. (esb)
August 9, 2019 Opinion or Order Filing 34 ORDER granting #2 Motion for Preliminary Injunction. Signed by Chief Judge Geoffrey W. Crawford on 8/9/2019. (esb)
July 26, 2019 Filing 33 POST-HEARING MEMORANDUM re: #2 Motion for Preliminary Injunction by Department of Children and Families, Ken Schatz, Jay Simons, State of Vermont (Attachments: #1 Attachment A, #2 Attachment B, #3 Attachment C, #4 Attachment D, #5 Attachment E, #6 Attachment F, #7 Attachment G)(McLean, David) Link corrected on 7/26/2019 (jlh).
July 24, 2019 Filing 32 NOTICE OF DOCKET ENTRY CORRECTION re: #18 Reply to Response to #2 MOTION for Preliminary Injunction filed by Disability Rights Vermont. The unredacted affidavit of Juvenile #6 having been received is now attached to #18 under seal. (jlh)
July 23, 2019 Filing 31 OFFICIAL JOINT WITNESS AND EXHIBIT LIST for hearing held on 7/22/2019. (pjl)
July 22, 2019 Filing 30 MINUTE ENTRY for proceedings held before Chief Judge Geoffrey W. Crawford: Motion Hearing held on 7/22/2019 re: #2 MOTION for Preliminary Injunction. A. Ruben, Esq. & Z. Hozid, Esq. present for plaintiff. D. McLean, AAG present for defendants. Plaintiff moves for judgment on the pleadings. ORDERED: Motion denied. Clerk swears Christopher Bellonci & Paul Capcara as witnesses for plaintiff. Plaintiff rests. Clerk swears Jay Simons as witness for defendant. Defendants rest. Court makes inquiries and counsel make statements. ORDERED: Counsel are to file regulations and studies discussed by 7/26/2019. #2 MOTION for Preliminary Injunction is taken under advisement. (Court Reporter: Anne Henry) (pjl)
July 22, 2019 Opinion or Order Filing 29 ORDER granting #28 MOTION to Seal Video of Juvenile #8; and granting #21 Motion to Seal Videos of Juvenile #6 and #7. Signed by Chief Judge Geoffrey W. Crawford on 7/22/2019. (This is a text-only Order.) (jal)
July 22, 2019 Filing 28 MOTION to File Under Seal Video of Juvenile #8 filed by Disability Rights Vermont. (esb)
July 22, 2019 Filing 27 NOTICE OF DOCKET ENTRY CORRECTION re: #23 Expert Report of Christopher Bellonci, M.D. filed by Disability Rights Vermont. Documents 25 and 26 have been removed from the docket and attached to #23 as Exhibits 1 and 2. The Exhibits are also attached to this entry. (Attachments: #1 Exhibit 2) (jlh)
July 19, 2019 Filing 26 Entry has been removed from the docket.
July 19, 2019 Filing 25 Entry has been removed from the docket.
July 18, 2019 Filing 24 EXPERT WITNESS REPORT of Paul Capcara, RN MPH by Disability Rights Vermont. (Ruben, Arthur)
July 18, 2019 Filing 23 EXPERT WITNESS REPORT of Christopher Belllonci, M.D. by Disability Rights Vermont. (Ruben, Arthur) (Additional attachment(s) added on 7/22/2019: #1 Exhibit 1, #2 Exhibit 2) (jlh).
July 18, 2019 Opinion or Order Filing 22 ORDER granting #19 MOTION to File Under Seal Affidavit by Juvenile 6 re: #18 Reply to Response to #2 MOTION for Preliminary Injunction. If plaintiff intends to call witnesses at the preliminary injunction hearing, their affidavits or expert reports summarizing the testimony must be filed on CM/ECF not later than the close of business today, July 18, 2019. Signed by Chief Judge Geoffrey W. Crawford on 7/18/2019. (esb)
July 17, 2019 Filing 21 MOTION to File Under Seal Exhibit 3 filed by Disability Rights Vermont. (Attachments: #1 Exhibit 3 (disc on file in clerk's office), #2 Certificate of Service)(esb)
July 17, 2019 Filing 20 CERTIFICATE OF SERVICE re: Affidavit of Christine Johnson by Department of Children and Families, Ken Schatz, Jay Simons, State of Vermont.(McLean, David) Text clarified on 7/19/2019 (law).
July 17, 2019 Filing 19 MOTION to File Under Seal Affidavit by Juvenile 6 re: #18 Reply to Response to #2 MOTION for Preliminary Injunction filed by Disability Rights Vermont.(esb)
July 17, 2019 Filing 18 REPLY to Response to #2 MOTION for Preliminary Injunction filed by Disability Rights Vermont. (Attachments: #1 Affidavit of Juvenile #6 (Redacted))(Ruben, Arthur) (Additional attachment(s) added on 7/24/2019: #2 Affidavit of Juvinile #6 (Unredacted, document is sealed)) (jlh).
July 17, 2019 Filing 17 DISCOVERY CERTIFICATE - Expert Witness Report Bellonci and Capcara by Disability Rights Vermont.(Ruben, Arthur)
July 17, 2019 Filing 16 NOTICE OF DOCKET ENTRY CORRECTION #15 Response in Opposition to #2 MOTION for Preliminary Injunction filed by Department of Children and Families, State of Vermont, Ken Schatz, Jay Simons. The affidavit of Karen Shea has been replaced with a signed version. The signed affidavit is now attached to #15 as well as this entry. (jlh)
July 15, 2019 Filing 15 RESPONSE in Opposition re #2 MOTION for Preliminary Injunction filed by Department of Children and Families, Ken Schatz, Jay Simons, State of Vermont. (Attachments: #1 Affidavit of Jay Simons, #2 Affidavit of Karen Shea)(McLean, David) (Attachment 2 replaced on 7/17/2019) (jlh).
July 3, 2019 Opinion or Order Filing 14 ORDER granting in part and denying in part #9 Motion to Extend. Defendant's Response re #2 MOTION for Preliminary Injunction due 7/15/2019, Reply due by 7/17/2019. Answer due 8/12/2019. Signed by Chief Judge Geoffrey W. Crawford on 7/3/2019. (pac)
July 1, 2019 Filing 13 REPLY to Response to #9 MOTION for Extension of Time to File Response/Reply as to #2 MOTION for Preliminary Injunction MOTION for Extension of Time to File Answer re #1 Complaint filed by Department of Children and Families, Ken Schatz, Jay Simons, State of Vermont. (McLean, David)
July 1, 2019 Filing 12 NOTICE OF APPEARANCE by David R. McLean, Esq on behalf of Department of Children and Families, Ken Schatz, Jay Simons, State of Vermont.(McLean, David)
July 1, 2019 Filing 11 RESPONSE in Opposition re #9 MOTION for Extension of Time to File Response/Reply as to #2 MOTION for Preliminary Injunction MOTION for Extension of Time to File Answer re #1 Complaint filed by Disability Rights Vermont. (Ruben, Arthur)
June 26, 2019 Filing 10 CERTIFICATE OF SERVICE by Disability Rights Vermont re #7 Notice of Hearing on Motion.(Ruben, Arthur)
June 26, 2019 Filing 9 MOTION for Extension of Time to File Response/Reply as to #2 MOTION for Preliminary Injunction , MOTION for Extension of Time to File Answer re #1 Complaint filed by Department of Children and Families, Ken Schatz, Jay Simons, State of Vermont.(Collier, Steven)
June 26, 2019 Filing 8 NOTICE OF APPEARANCE by Steven C. Collier, Esq on behalf of Department of Children and Families, Ken Schatz, Jay Simons, State of Vermont.(Collier, Steven)
June 26, 2019 Filing 7 NOTICE of Hearing re: #2 MOTION for Preliminary Injunction. Hearing set for 7/22/2019 at 10:00 AM in Rutland Courtroom before Chief Judge Geoffrey W. Crawford. (pjl)
June 21, 2019 Filing 6 CERTIFICATE OF SERVICE by Disability Rights Vermont re #4 Summons Returned Executed, #1 Complaint, #5 Summons Returned Executed, #3 Summons Returned Executed, #2 MOTION for Preliminary Injunction.(Ruben, Arthur)
June 21, 2019 Filing 5 SUMMONS RETURNED Executed. Jay Simons served on 6/21/2019, answer due 7/12/2019.(Ruben, Arthur)
June 21, 2019 Filing 4 SUMMONS RETURNED Executed. Ken Schatz served on 6/21/2019, answer due 7/12/2019.(Ruben, Arthur)
June 21, 2019 Filing 3 SUMMONS RETURNED Executed. Department of Children and Families served on 6/21/2019, answer due 7/12/2019.(Ruben, Arthur)
June 21, 2019 Filing 2 MOTION for Preliminary Injunction filed by Disability Rights Vermont. (Attachments: #1 Transcript 4/16/2019, #2 Transcript 4/18/2019, #3 Transcript 4/30/2019) (esb)
June 21, 2019 Filing 1 COMPLAINT against Department of Children and Families, Ken Schatz, Jay Simons, State of Vermont filed by Disability Rights Vermont.Summonses issued. (Attachments: #1 Civil Cover Sheet) (esb)

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Defendant: Ken Schatz
Represented By: Steven C. Collier, Esq.
Represented By: David R. McLean, Esq.
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Defendant: Department of Children and Families
Represented By: Steven C. Collier, Esq.
Represented By: David R. McLean, Esq.
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Defendant: Jay Simons
Represented By: Steven C. Collier, Esq.
Represented By: David R. McLean, Esq.
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Defendant: State of Vermont
Represented By: Steven C. Collier, Esq.
Represented By: David R. McLean, Esq.
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Plaintiff: Disability Rights Vermont
Represented By: Arthur J. Ruben, Esq.
Represented By: Zachary D. Hozid, Esq.
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