D.S.C. 6:19-cv-00448 Docket
Maddonna v. U.S. Dept. of Health and Human Services (I)
No. 6:19-cv-00448, Case History (under construction)
Court: District of South Carolina (Greenville)
Assigned to: Judge Timothy M Cain
| Date Filed | # | Docket Text |
| 02/15/2019 | 1 | COMPLAINT against Administration for Children and Families, Alex M Azar, II; Henry McMaster, Joan B Meacham, United States Department of Health and Human Services, Steven Wagner (Filing fee $400 receipt number 0420-8272089), filed by Aimee Maddonna. Service due by 5/16/2019.(kmca) (Entered: 02/15/2019) |
| 02/15/2019 | 3 | Local Rule 26.01 Answers to Interrogatories by Aimee Maddonna.(kmca) (Entered: 02/15/2019) |
| 02/15/2019 | 4 | Summons Issued as to Administration for Children and Families, Alex M Azar, II; Henry McMaster, Joan B Meacham, United States Department of Health and Human Services, Steven Wagner. U.S. Attorney and U.S. Attorney General. (kmca) (Entered: 02/15/2019) |
| 02/21/2019 | 5 | MOTION to Appear Pro Hac Vice by Kenneth D. Upton, Jr. ( Filing fee $ 250 receipt number 0420-8282787) by Aimee Maddonna. Response to Motion due by 3/7/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Affidavit Kenneth D. Upton, Jr., # 2Exhibit Certificates of Good Standing)Proposed order is being emailed to chambers with copy to opposing counsel.(Kozloski, Aaron) (Entered: 02/21/2019) |
| 02/21/2019 | 6 | MOTION to Appear Pro Hac Vice by Richard B. Katskee ( Filing fee $ 250 receipt number 0420-8282834) by Aimee Maddonna. Response to Motion due by 3/7/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Affidavit Richard B. Katskee, # 2 Exhibit Certificate of Good Standing)Proposed order is being emailed to chambers with copy to opposing counsel.(Kozloski, Aaron) (Entered: 02/21/2019) |
| 02/21/2019 | 7 | MOTION to Appear Pro Hac Vice by Alison Tanner ( Filing fee $ 250 receipt number 0420-8282863) by Aimee Maddonna. Response to Motion due by 3/7/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Affidavit Alison Tanner, # 2 Exhibit Certificate of Good Standing)Proposed order is being emailed to chambers with copy to opposing counsel.(Kozloski, Aaron) (Entered: 02/21/2019) |
| 02/22/2019 | 8 | TEXT ORDER granting 5 Motion to Appear Pro Hac Vice.; granting 6 Motion to Appear Pro Hac Vice.; granting 7 Motion to Appear Pro Hac Vice. Attorneys Kenneth D Upton Jr, Richard B Katskee and Alison Tanner added for Plaintiff. Entered at the direction of the Honorable Timothy M Cain on 2/22/19.(kmca)(Entered: 02/22/2019) |
| 03/08/2019 | 9 | SUMMONS Returned Executed by Aimee Maddonna. Henry McMaster served on 2/26/2019, answer due 3/19/2019; Joan B Meacham served on 2/26/2019, answer due 3/19/2019. (Kozloski, Aaron) (Main Document 9 replaced on 3/18/2019: to replace with corrected document (cover page) as provided by filing user). (Additional attachment added on 3/18/2019: # 1 Proof of Service) (kmca). (Entered: 03/08/2019) |
| 03/08/2019 | 10 | SUMMONS Returned Executed by Aimee Maddonna. Administration for Children and Families served on 2/25/2019, answer due 4/26/2019; Alex M Azar, II served on 2/25/2019, answer due 4/26/2019; United States Department of Health and Human Services served on 2/25/2019, answer due 4/26/2019; Steven Wagner served on 2/25/2019, answer due 4/26/2019. (Attachments: # 1 Proof of Service)(kmca) Re-filed by clerk to correct event and add cover page (kmca) (Entered: 03/18/2019) |
| 03/19/2019 | 11 | LETTER EXTENDING TIME TO ANSWER Joan B Meacham answer due 4/9/2019. (Woodington, Kenneth) (Entered: 03/19/2019) |
| 03/19/2019 | 12 | MOTION to Dismiss by Henry McMaster. Response to Motion due by 4/2/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Memo in Support, # 2 Exhibit A: Letter from Gov. McMaster to HHS, # 3 Exhibit B: Executive Order No. 2018-12, # 4 Exhibit C: Response letter from HHS to Gov. McMaster, # (5) LR 26.01 Answers)No proposed order.(Coleman, Miles) Modified on 3/19/2019: to remove Exhibit 5 and file as 15Local Rule 26.01 Answers to Interrogatories (kmca). Modified on 6/27/2019: see 44Supplement (kmca). Modified on 7/18/2019: see 46 Supplement (kmca). (Entered: 03/19/2019) |
| 03/19/2019 | 15 | Local Rule 26.01 Answers to Interrogatories by Henry McMaster.(kmca) Removed from 12 Motion to Dismiss and re-filed by clerk. (kmca) (Entered: 03/19/2019) |
| 03/29/2019 | 16 | Consent MOTION for Extension of Time to File Response/Reply as to 12 MOTION to Dismiss by Aimee Maddonna. Response to Motion due by 4/12/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Kozloski, Aaron) (Entered: 03/29/2019) |
| 04/01/2019 | 17 | TEXT ORDER granting 16 Consent Motion for Extension of Time to File Response re 12 MOTION to Dismiss. Response to Motion due by 4/16/2019. Entered at the direction of the Honorable Timothy M Cain on 4/1/19.(kmca)(Entered: 04/01/2019) |
| 04/05/2019 | 18 | MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Joan B Meacham. Response to Motion due by 4/19/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Woodington, Kenneth) (Entered: 04/05/2019) |
| 04/16/2019 | 20 | RESPONSE in Opposition re 18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , 12 MOTION to Dismiss Response filed by Aimee Maddonna.Reply to Response to Motion due by 4/23/2019 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Kozloski, Aaron) Modified on 6/20/2019: see 43 Supplemental Authorities (kmca). (Entered: 04/16/2019) |
| 04/22/2019 | 22 | Unopposed MOTION for Extension of Time to File Response/Reply as to 20 Response in Opposition to Motion, by Henry McMaster. Response to Motion due by 5/6/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Exhibit A: agreement to request for extension of time to Reply)No proposed order.(Coleman, Miles) Modified on 4/22/2019: to add text (unopposed) (kmca). (Entered: 04/22/2019) |
| 04/23/2019 | 23 | MOTION for Extension of Time to File Response/Reply as to 18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Joan B Meacham. Response to Motion due by 5/7/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Woodington, Kenneth) (Entered: 04/23/2019) |
| 04/23/2019 | 24 | TEXT ORDER granting 22 Unopposed Motion for Extension of Time to File Reply re 12 MOTION to Dismiss. Henry McMaster’s Reply due by 4/30/2019. Entered at the direction of the Honorable Timothy M Cain on 4/23/19.(kmca) (Entered: 04/23/2019) |
| 04/23/2019 | 25 | CERTIFICATE OF CONSULTATION byJoan B Meacham re 23 MOTION for Extension of Time to File Response/Reply as to 18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . (Woodington, Kenneth) (Entered: 04/23/2019) |
| 04/23/2019 | 26 | MOTION to Appear Pro Hac Vice by Sarah R. Goetz ( Filing fee $ 250 receipt number 0420-8401743) by Aimee Maddonna. Response to Motion due by 5/7/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Affidavit Affidavit of Sarah R. Goetz, # 2Exhibit New York Certificate of Good Standing)No proposed order.(Kozloski, Aaron) (Entered: 04/23/2019) |
| 04/23/2019 | 27 | TEXT ORDER granting 23 Motion for Extension of Time to File Reply re 18MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. Joan B Meacham’s Reply due by 4/30/2019. Entered at the direction of the Honorable Timothy M Cain on 4/23/19.(kmca) (Entered: 04/23/2019) |
| 04/23/2019 | 28 | TEXT ORDER granting 26 Motion to Appear Pro Hac Vice. Attorney Sarah R Goetz added for Plaintiff. Entered at the direction of the Honorable Timothy M Cain on 4/23/19.(kmca) (Entered: 04/23/2019) |
| 04/26/2019 | 29 | MOTION to Dismiss by Administration for Children and Families, Alex M Azar, II, United States Department of Health and Human Services, Steven Wagner. Response to Motion due by 5/13/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Memo in Support, # 2 Exhibit A – HHS Response Letter)No proposed order.(Newman, Christie) (Entered: 04/26/2019) |
| 04/26/2019 | 30 | Local Rule 26.01 Answers to Interrogatories by Administration for Children and Families, Alex M Azar, II, United States Department of Health and Human Services, Steven Wagner.(Newman, Christie) (Entered: 04/26/2019) |
| 04/26/2019 | 31 | MOTION to Appear Pro Hac Vice by James Ryan Powers by Administration for Children and Families, Alex M Azar, II, United States Department of Health and Human Services, Steven Wagner. Response to Motion due by 5/13/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Application/Affidavit for Pro Hac Vice Admission, # 2 Supreme Court of Texas – Certificate of Good Standing)No proposed order.(Newman, Christie) (Attachment 2 replaced on 4/29/2019: to replace with corrected document (Supreme Court of TX) as provided by filing user) (kmca). (Entered: 04/26/2019) |
| 04/29/2019 | 32 | TEXT ORDER granting 31 Motion to Appear Pro Hac Vice. Attorney James Ryan Powers added for Defendants Administration for Children and Families, Alex M Azar II, United States Department of Health and Human Services and Steven Wagner. Entered at the direction of the Honorable Timothy M Cain on 4/29/19.(kmca) (Entered: 04/29/2019) |
| 04/30/2019 | 33 | REPLY to Response to Motion re 12 MOTION to Dismiss . Response filed by Henry McMaster. (Coleman, Miles) (Entered: 04/30/2019) |
| 04/30/2019 | 34 | REPLY to Response to Motion re 18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Response filed by Joan B Meacham. (Woodington, Kenneth) (Entered: 04/30/2019) |
| 05/01/2019 | 35 | Unopposed MOTION for Extension of Time to File Response/Reply as to 29 MOTION to Dismiss by Aimee Maddonna. Response to Motion due by 5/15/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Kozloski, Aaron) Modified on 5/1/2019: to edit text (consent to unopposed per chambers) (kmca). (Entered: 05/01/2019) |
| 05/01/2019 | 36 | TEXT ORDER granting 35 Unopposed Motion for Extension of Time to File Response/Reply re 29 MOTION to Dismiss. Response to Motion due by 5/24/2019. Reply due by 6/10/2019. Entered at the direction of the Honorable Timothy M Cain on 5/1/19.(kmca) (Entered: 05/01/2019) |
| 05/23/2019 | 37 | MOTION to Appear Pro Hac Vice by Carmen N. Green ( Filing fee $ 250 receipt number 0420-8461353) by Aimee Maddonna. Response to Motion due by 6/6/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Affidavit of Carmen N. Green, # 2 DC Certificate of Good Standing)No proposed order.(Kozloski, Aaron) (Entered: 05/23/2019) |
| 05/23/2019 | 38 | TEXT ORDER granting 37 Motion to Appear Pro Hac Vice. Attorney Carmen N. Green added for Plaintiff. Entered at the direction of the Honorable Timothy M Cain on 5/23/19.(kmca) (Entered: 05/23/2019) |
| 05/24/2019 | 39 | RESPONSE in Opposition re 29 MOTION to Dismiss Response filed by Aimee Maddonna.Reply to Response to Motion due by 5/31/2019 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: # 1Supporting Documents Croston, 64 Admin. L. Rev. 295 (2012), # 2 Supporting Documents Sunstein, 52 U. Chi. L. Rev. 653 (1985), # 3 Supporting Documents McConnell, 60 Geo. Wash. L. Rev. 685 (1992))(Kozloski, Aaron) Modified on 6/20/2019: see 43 Supplemental Authorities (kmca). (Entered: 05/24/2019) |
| 06/07/2019 | 41 | NOTICE of Request for Protection from Court Appearance by Miles Edward Coleman for June 17-28 and July 8-12, 2019. (Coleman, Miles) (Entered: 06/07/2019) |
| 06/10/2019 | 42 | REPLY to Response to Motion re 29 MOTION to Dismiss Response filed by Administration for Children and Families, Alex M Azar, II, United States Department of Health and Human Services, Steven Wagner. (Newman, Christie) (Entered: 06/10/2019) |
| 06/20/2019 | 43 | SUPPLEMENT Notice of Supplementation of Authorities by Aimee Maddonna to 20Response in Opposition to Motion, 39 Response in Opposition to Motion. (Attachments: # 1 Supporting Documents Memorandum Opinion in Marouf v. Azar)(Kozloski, Aaron) Modified on 6/20/2019: to add text (notice of …) (kmca). (Entered: 06/20/2019) |
| 06/27/2019 | 44 | SUPPLEMENT by Henry McMaster to 12 MOTION to Dismiss . (Attachments: # 1Exhibit A: slip opinion in Am. Legion v. Am. Humanist Ass’n (U.S. June 20, 2019))(Coleman, Miles) (Entered: 06/27/2019) |
| 06/28/2019 | 45 | REPLY by Aimee Maddonna to 44 Supplement Defendant McMaster’s Notice of Supplemental Authority. (Kozloski, Aaron) (Entered: 06/28/2019) |
| 07/17/2019 | 46 | SUPPLEMENT by Henry McMaster to 12 MOTION to Dismiss . (Coleman, Miles) (Entered: 07/17/2019) |
| 08/01/2019 | 47 | MOTION to Withdraw as Attorney re Alison Tanner by Aimee Maddonna. Response to Motion due by 8/15/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Kozloski, Aaron) (Entered: 08/01/2019) |
| 08/02/2019 | 48 | TEXT ORDER granting 47 Motion to Withdraw as Attorney re Alison Tanner for Plaintiff. Entered at the direction of the Honorable Timothy M Cain on 8/2/19.(kmca) (Entered: 08/02/2019) |
| 08/06/2019 | 50 | TEXT ORDER: On July 17, 2019, Defendant Henry McMaster filed a Supplement to his motion to dismiss, noting that since the filing of this action, Miracle Hill’s policies have changed and that Miracle Hill now allows persons of the Catholic faith to serve as foster parents and employees. (ECF No. 46 ). The court orders all parties to file a brief specifying how this new development affects this case, if at all, by August 20, 2019 at 5:00 PM. Entered at the direction of the Honorable Timothy M Cain on 8/6/19. (kmca) (Entered: 08/06/2019) |
| 08/20/2019 | 51 | REPLY by Administration for Children and Families, Alex M Azar, II, United States Department of Health and Human Services, Steven Wagner to 50 Order,,, Set Deadlines,, . (Newman, Christie) (Entered: 08/20/2019) |
| 08/20/2019 | 52 | REPLY by Henry McMaster to 50 Order,,, Set Deadlines,, . (Attachments: # 1 Exhibit A: Greenville News, Miracle Hill changes foster care policy (July 11, 2019), # 2 Exhibit B: Miracle Hill Press Release (July 5, 2019))(Coleman, Miles) (Entered: 08/20/2019) |
| 08/20/2019 | 53 | REPLY by Aimee Maddonna to 50 Order,,, Set Deadlines,, . (Attachments: # 1 Exhibit Press Release, # 2 Exhibit Requirements for Miracle Hill’s Foster Families, # 3 Exhibit Foster Care Inquiry Form, # 4 Exhibit Doctrinal Statement, # 5 Exhibit Declaration of Plaintiff Aimee Maddonna)(Kozloski, Aaron) (Entered: 08/20/2019) |
| 08/20/2019 | 54 | REPLY by Joan B Meacham to 50 Order. (kmca) Document re-filed by clerk to correct event. (kmca) (Entered: 08/21/2019) |
| 08/22/2019 | 57 | MOTION to Withdraw as Attorney by Henry McMaster. Response to Motion due by 9/5/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Bercot, Ethan) (Entered: 08/22/2019) |
| 08/22/2019 | 58 | Consent MOTION to Substitute Party by Joan B Meacham. Response to Motion due by 9/5/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Woodington, Kenneth) (Entered: 08/22/2019) |
| 08/23/2019 | 59 | TEXT ORDER granting 57 Motion to Withdraw as Attorney. Entered at the direction of the Honorable Timothy M Cain on 8/23/19.(kmca) (Entered: 08/23/2019) |
| 08/23/2019 | 61 | TEXT ORDER granting 58 Consent Motion to Substitute Party. Michael Leach added. Joan B Meacham (in her official capacity as Acting State Director of the South Carolina Department of Social Services) terminated. Entered at the direction of the Honorable Timothy M Cain on 8/23/19.(kmca) (Entered: 08/23/2019) |
| 08/23/2019 | 62 | NOTICE of Request for Protection from Court Appearance by Kenneth Paul Woodington for August 30, 2019 through September 13, 2019 (Woodington, Kenneth) (Entered: 08/23/2019) |
| 10/21/2019 | 63 | NOTICE of Request for Protection from Court Appearance by Miles Edward Coleman for November 13-15, 2019. (Coleman, Miles) (Entered: 10/21/2019) |
| 11/05/2019 | 64 | Letter from Federal Defendants re: (Notice Regarding Notice of Nonenforcement and Notice of Proposed Rulemaking). (Attachments: # 1 Exhibit A – Notice of nonenforcement, # 2 Exhibit B – NPRM)(Newman, Christie) Modified on 11/5/2019: to add text (Federal Defendants) (kmca). (Entered: 11/05/2019) |
| 11/06/2019 | 65 | TEXT ORDER: Plaintiff is ordered to file an answer to the following interrogatory by Tuesday, November 12, 2019 at 12:00 PM: When did the events alleged in paragraphs 35-40 of the complaint (ECF No. 1 at 8 9) take place? The answer shall set forth the month and year that such alleged events occurred. The answer shall be made pursuant to 28 U.S.C. § 1746 or by affidavit. Entered at the direction of the Honorable Timothy M Cain on 11/6/19. (kmca) (Entered: 11/06/2019) |
| 11/12/2019 | 66 | ANSWER to Interrogatories re 65 Order by Aimee Maddonna. (Attachments: # 1 Supporting Documents Declaration of Plaintiff Aimee Maddonna)(Kozloski, Aaron) Modified on 11/12/2019: to add link to 65 Order (kmca). (Entered: 11/12/2019) |
| 11/13/2019 | 68 | ORDER DISMISSING CASE without prejudice for lack of jurisdiction based on Plaintiff’s failure to establish standing. Signed by Honorable Timothy M Cain on 11/13/19. (kmca) (Entered: 11/13/2019) |
| 11/13/2019 | 69 | JUDGMENT that this case is dismissed without prejudice. (kmca) (Entered: 11/13/2019) |
Last updated 11/23/2019
Reconciled with online docket 11/16/2019