D.S.C. 6:19-cv-03551 Docket
Maddonna v. U.S. Dept. of Health and Human Services (II)
No. 6:19-cv-03551, Case History (under construction)
Court: District of South Carolina (Greenville)
Assigned to: Judge Joseph Dawson, III
(previously Judge Timothy M. Cain, reassigned 1/12/21)
(previously Judge Donald C Coggins, Jr., reassigned 2/27/20)
(previously Judge Timothy M. Cain reassigned, 1/6/20)
| Date Filed | # | Docket Text |
| 12/20/2019 | 1 | COMPLAINT against Administration for Children and Families, Alex M Azar, II; Lynn Johnson, Michael Leach, Henry McMaster, United States Department of Health and Human Services (Filing fee $400 receipt number 0420-8842264), filed by Aimee Maddonna. Service due by 3/19/2020.(kmca) (Entered: 12/23/2019) |
| 12/20/2019 | 3 | Local Rule 26.01 Answers to Interrogatories by Aimee Maddonna.(kmca) (Entered: 12/23/2019) |
| 12/23/2019 | 4 | Summons Issued as to Administration for Children and Families, Alex M Azar, II, Lynn Johnson, Michael Leach, Henry McMaster, United States Department of Health and Human Services. (kmca) (Entered: 12/23/2019) |
| 12/30/2019 | 6 | MOTION to Appear Pro Hac Vice by Richard B. Katskee ( Filing fee $ 250 receipt number 0420-8851890) by Aimee Maddonna. Response to Motion due by 1/13/2020. 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, # 2 Supporting Documents Certificate of Good Standing)No proposed order.(Kozloski, Aaron) (Entered: 12/30/2019) |
| 12/30/2019 | 7 | MOTION to Appear Pro Hac Vice by Sarah R. Goetz ( Filing fee $ 250 receipt number 0420-8851915) by Aimee Maddonna. Response to Motion due by 1/13/2020. 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, # 2 Supporting Documents Certificate of Good Standing)No proposed order.(Kozloski, Aaron) (Entered: 12/30/2019) |
| 12/30/2019 | 8 | TEXT ORDER granting 6 Motion to Appear Pro Hac Vice.; granting 7 Motion to Appear Pro Hac Vice as to Richard B. Katskee, Sarah R. Goetz for the plaintiff. Signed by Honorable Timothy M Cain on 12/30/19.(alew, ) (Entered: 12/30/2019) |
| 01/06/2020 | 9 | Case Reassigned to Judge Donald C Coggins, Jr. Judge Timothy M Cain no longer assigned to the case. (suro, ) (Entered: 01/06/2020) |
| 01/06/2020 | 10 | NOTICE OF CHANGE OF CASE NUMBER from Case Number 6:19-cv-03551-TMC and 6:19-cv-01567-TMC to 6:19-cv-03551-DCC and 6:19-cv-01567-DCC. Associated Cases: 6:19-cv-03551-DCC, 6:19-cv-01567-DCC(abuc) (Entered: 01/06/2020) |
| 01/07/2020 | 11 | MOTION to Appear Pro Hac Vice by Kenneth D. Upton, Jr. ( Filing fee $ 250 receipt number 0420-8865995) by Aimee Maddonna. Response to Motion due by 1/21/2020. 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, # 2 Supporting Documents Certificate of Good Standing)Proposed order is being emailed to chambers with copy to opposing counsel.(Kozloski, Aaron) (Entered: 01/07/2020) |
| 01/08/2020 | 12 | TEXT ORDER granting 11 Motion to Appear Pro Hac Vice. Signed by Honorable Donald C Coggins, Jr on 1/8/2020.(abuc) (Entered: 01/08/2020) |
| 01/13/2020 | 13 | SUMMONS Returned Executed by Aimee Maddonna. Michael Leach served on 12/31/2019, answer due 1/21/2020; Henry McMaster served on 12/31/2019, answer due 1/21/2020. (Attachments: # 1 Supporting Documents Proof of Service)(Kozloski, Aaron) (Entered: 01/13/2020) |
| 01/13/2020 | 14 | SUMMONS Returned Executed by Aimee Maddonna. Administration for Children and Families served on 1/6/2020, answer due 3/6/2020; Alex M Azar, II served on 1/6/2020, answer due 3/6/2020; Lynn Johnson served on 1/6/2020, answer due 3/6/2020; United States Department of Health and Human Services served on 1/6/2020, answer due 3/6/2020. (Attachments: # 1 Supporting Documents Proof of Service)(Kozloski, Aaron) (Entered: 01/13/2020) |
| 01/15/2020 | 15 | LETTER EXTENDING TIME TO ANSWER Henry McMaster answer due 2/11/2020. (Attachments: # 1 Exhibit A: Plaintiff’s agreement to extension of time pursuant to Local Civil Rule 12.01)(Coleman, Miles) (Entered: 01/15/2020) |
| 02/10/2020 | 17 | NOTICE of Appearance by Kenneth Paul Woodington on behalf of Michael Leach (Woodington, Kenneth) (Entered: 02/10/2020) |
| 02/11/2020 | 19 | MOTION to Dismiss and Memorandum in Support Thereof by Henry McMaster. Response to Motion due by 2/25/2020. 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: letter from Gov. McMaster to Steven Wagner, # 2 Exhibit B: Executive Order 2018-12, # 3 Exhibit C: letter from Steven Wagner to Gov. McMaster.)No proposed order.(Coleman, Miles) (Entered: 02/11/2020) |
| 02/11/2020 | 20 | Local Rule 26.01 Answers to Interrogatories by Henry McMaster.(Coleman, Miles) (Entered: 02/11/2020) |
| 02/11/2020 | 21 | MOTION to Dismiss by Michael Leach. Response to Motion due by 2/25/2020. 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: 02/11/2020) |
| 02/11/2020 | 22 | Local Rule 26.01 Answers to Interrogatories by Michael Leach.(Woodington, Kenneth) (Entered: 02/11/2020) |
| 02/21/2020 | 23 | LETTER EXTENDING TIME TO ANSWER Lynn Johnson answer due 3/13/2020; Alex M Azar, II answer due 3/13/2020; United States Department of Health and Human Services answer due 3/13/2020; Administration for Children and Families answer due 3/13/2020. (Newman, Christie) (Entered: 02/21/2020) |
| 02/25/2020 | 24 | RESPONSE in Opposition re 21 MOTION to Dismiss, 19 MOTION to Dismiss and Memorandum in Support Thereof. Response filed by Aimee Maddonna.Reply to Response to Motion due by 3/3/2020 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Kozloski, Aaron) (Main Document 24 replaced on 2/27/2020: to replace with corrected document (case number/Judge’s initials) as provided by filing user) (kmca). (Entered: 02/25/2020) |
| 02/27/2020 | 25 | Case Reassigned to Judge Honorable Timothy M Cain. Judge Honorable Donald C Coggins, Jr no longer assigned to the case. (glev, ) (Entered: 02/27/2020) |
| 02/27/2020 | 27 | NOTICE OF CHANGE OF CASE NUMBER. New case number is 6-19-cv-3551-TMC. Please make a note of it for all future filings as well as Judge’s preferences. (kmca) (Entered: 02/27/2020) |
| 02/28/2020 | 28 | Consent MOTION for Extension of Time to File Response/Reply as to 19 MOTION to Dismiss and Memorandum in Support Thereof, 21 MOTION to Dismiss by Michael Leach, Henry McMaster. Response to Motion due by 3/13/2020. 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: consent to motion for extension of time, # 2 Exhibit B: additional consent to motion for extension of time)No proposed order.(Coleman, Miles) (Entered: 02/28/2020) |
| 03/02/2020 | 29 | TEXT ORDER granting 28 Consent Motion for Extension of Time to File Replies. Henry McMaster’s and Michael Leach’s replies to Plaintiff’s 24 response to their 19 and 21 Motions to Dismiss are due by 3/10/2020. Entered at the direction of the Honorable Timothy M Cain on 3/2/20.(kmca) (Entered: 03/02/2020) |
| 03/10/2020 | 30 | REPLY to Response to Motion re 19 MOTION to Dismiss and Memorandum in Support Thereof . Response filed by Henry McMaster. (Coleman, Miles) (Entered: 03/10/2020) |
| 03/10/2020 | 31 | REPLY to Response to Motion re 21 MOTION to Dismiss Response filed by Michael Leach. (Woodington, Kenneth) (Entered: 03/10/2020) |
| 03/13/2020 | 33 | MOTION to Appear Pro Hac Vice by James Powers by Administration for Children and Families, Alex M Azar, II, Lynn Johnson, United States Department of Health and Human Services. Response to Motion due by 3/27/2020. 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, # 2 Certificate in Good Standing)No proposed order.(Newman, Christie) (Entered: 03/13/2020) |
| 03/13/2020 | 34 | MOTION to Dismiss by Administration for Children and Families, Alex M Azar, II, Lynn Johnson, United States Department of Health and Human Services. Response to Motion due by 3/27/2020. 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, January 23, 2019 Letter, # 3 Exhibit B, Order filed 11/13/19 in 6-19-cv-448-TMC)No proposed order.(Newman, Christie) Modified on 3/16/2020: to add text to Exhibit B (kmca). (Entered: 03/13/2020) |
| 03/13/2020 | 35 | Local Rule 26.01 Answers to Interrogatories by Administration for Children and Families, Alex M Azar, II, Lynn Johnson, United States Department of Health and Human Services.(Newman, Christie) (Entered: 03/13/2020) |
| 03/16/2020 | 36 | TEXT ORDER granting 33 Motion to Appear Pro Hac Vice. Attorney James Powers added for Federal Defendants Administration for Children and Families, Alex M Azar, II, Lynn Johnson, and United States Department of Health and Human Services. Entered at the direction of the Honorable Timothy M Cain on 3/16/20.(kmca) (Entered: 03/16/2020) |
| 04/17/2020 | 38 | RESPONSE in Opposition re 34 MOTION to Dismiss Response filed by Aimee Maddonna.Reply to Response to Motion due by 4/24/2020 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Kozloski, Aaron) (Entered: 04/17/2020) |
| 04/22/2020 | 40 | MOTION for Extension of Time to File Response/Reply as to 38 Response in Opposition to Motion, by Administration for Children and Families, Alex M Azar, II, Lynn Johnson, United States Department of Health and Human Services. Response to Motion due by 5/6/2020. 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.(Newman, Christie) (Entered: 04/22/2020) |
| 04/22/2020 | 41 | TEXT ORDER granting 40 Unopposed Motion for Extension of Time to File Reply to 38 Response in Opposition to 34 MOTION to Dismiss. Federal Defendants’ Reply due by 5/1/2020. Entered at the direction of the Honorable Timothy M Cain on 4/22/20.(kmca) (Entered: 04/22/2020) |
| 05/01/2020 | 42 | REPLY to Response to Motion re 34 MOTION to Dismiss Response filed by Administration for Children and Families, Alex M Azar, II, Lynn Johnson, United States Department of Health and Human Services. (Newman, Christie) (Entered: 05/01/2020) |
| 08/10/2020 | 43 | ORDER. Defendants’ motions to dismiss (ECF Nos. 19 , 21 , 34 ) are GRANTED in part and DENIED in part. Defendants’ motions are granted with respect to Plaintiff’s claim for equal protection, which is hereby DISMISSED. However, Defendants’ motions are denied as to all other claims pursuant to the APA and Plaintiff’s claim for violation of the Establishment Clause. Signed by Honorable Timothy M Cain on 8/10/20.(kmca) (Entered: 08/10/2020) |
| 08/24/2020 | 45 | Federal Defendants ANSWER to 1 Complaint, by Administration for Children and Families, Alex M Azar, II, Lynn Johnson, United States Department of Health and Human Services.(Newman, Christie) (Entered: 08/24/2020) |
| 08/24/2020 | 46 | ANSWER to 1 Complaint, by Henry McMaster.(Coleman, Miles) (Entered: 08/24/2020) |
| 08/24/2020 | 47 | ANSWER to 1 Complaint, by Michael Leach.(Woodington, Kenneth) (Entered: 08/24/2020) |
| 08/25/2020 | 48 | SCHEDULING ORDER: Rule 26(f) Conference Deadline 9/14/2020, 26(a) Initial Disclosures due by 9/28/2020, Rule 26 Report due by 9/28/2020, ADR Statement due by 9/28/2020, Motions to Amend Pleadings due by 11/9/2020, Plaintiffs ID of Expert Witness due by 12/9/2020, Defendants ID of Expert Witnesses Due by 1/8/2021, Records Custodian Affidavit due by 1/8/2021, Discovery due by 2/8/2021, Motions due by 2/22/2021, Bench Trial Deadline 6/7/2021 or sixty (60) days after dispositive motions have been resolved. Signed by Honorable Timothy M Cain on 8/25/20. (kmca) (Entered: 08/25/2020) |
| 08/25/2020 | 49 | MEDIATION ORDER. Mediation Due by 2/16/2021. Signed by Honorable Timothy M Cain on 8/25/20. (kmca) (Entered: 08/25/2020) |
| 09/03/2020 | 51 | MOTION for Partial Relief from 49 Order to Conduct Mediation by Administration for Children and Families, Alex M Azar, II, Lynn Johnson, United States Department of Health and Human Services. Response to Motion due by 9/17/2020. 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.(alew, ) Refiled by clerk to correct event type. (Entered: 09/03/2020) |
| 09/22/2020 | 53 | TEXT ORDER granting as unopposed 51 Motion for Partial Relief from 49 Order to Conduct Mediation. Entered at the direction of the Honorable Timothy M Cain on 9/22/20.(kmca) (Entered: 09/22/2020) |
| 09/28/2020 | 54 | ADR STATEMENT/CERTIFICATION by Administration for Children and Families, Alex M Azar, II, Lynn Johnson, United States Department of Health and Human Services(Newman, Christie) (Entered: 09/28/2020) |
| 09/28/2020 | 55 | ADR STATEMENT/CERTIFICATION by Michael Leach(Woodington, Kenneth) (Entered: 09/28/2020) |
| 09/28/2020 | 56 | Joint Rule 26(f) Report by Aimee Maddonna, United States Department of Health and Human Services, Alex M Azar, II, Administration for Children and Families, Lynn Johnson, Henry McMaster, Michael Leach.(Kozloski, Aaron) Modified on 9/29/2020: to add joint filers as listed (kmca). (Entered: 09/28/2020) |
| 09/28/2020 | 57 | Joint LR 26.03 Answers and Joint Rule 26 Outline of Discovery Plan by Aimee Maddonna, United States Department of Health and Human Services, Alex M Azar, II, Administration for Children and Families, Lynn Johnson, Henry McMaster, Michael Leach.(Kozloski, Aaron) Modified on 9/29/2020: to add joint filers as listed, to add text (LR 26.03s) (kmca). (Entered: 09/28/2020) |
| 09/28/2020 | 58 | ADR STATEMENT/CERTIFICATION by Aimee Maddonna(Kozloski, Aaron) (Entered: 09/28/2020) |
| 09/28/2020 | 59 | ADR STATEMENT/CERTIFICATION by Henry McMaster(Coleman, Miles) (Entered: 09/28/2020) |
| 09/29/2020 | 60 | CONSENT AMENDED SCHEDULING ORDER: Motions to Amend Pleadings due by 1/8/2021, Plaintiffs ID of Expert Witness due by 2/8/2021, Mediation Due by 2/16/2021, Defendants ID of Expert Witnesses Due by 3/9/2021, Records Custodian Affidavit due by 3/9/2021, Discovery due by 4/9/2021, Motions due by 4/23/2021, Bench Trial Deadline 8/2/2021 or sixty (60) days after dispositive motions have been resolved. Signed by Honorable Timothy M Cain on 9/29/20. (kmca) (Entered: 09/29/2020) |
| 01/12/2021 | 61 | Case Reassigned to Judge Honorable Joseph Dawson, III. Judge Honorable Timothy M Cain no longer assigned to the case. (cwil, ) (Entered: 01/12/2021) |
| 01/12/2021 | 62 | NOTICE OF CHANGE OF CASE NUMBER. New case number 6-19-3551-JD. Please make a note of it for all future filings as well as Judge’s preferences. (kmca) (Entered: 01/12/2021) |
| 01/25/2021 | 63 | Consent MOTION for Extension of Time to Complete Discovery by Aimee Maddonna. Response to Motion due by 2/8/2021. 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 Proposed Order Second Amended Scheduling Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Kozloski, Aaron) (Entered: 01/25/2021) |
| 02/12/2021 | 64 | SECOND AMENDED SCHEDULING ORDER. Plaintiffs ID of Expert Witness due by 3/25/2021, Defendants ID of Expert Witnesses Due by 4/23/2021, Records Custodian Affidavit due by 4/23/2021, Discovery due by 5/24/2021, Motions due by 6/7/2021, Jury Selection Deadline 8/2/2021, Mediation Due by 6/1/2021. Motions granted: 63 Consent MOTION for Extension of Time to Complete Discovery filed by Aimee Maddonna. Signed by Honorable Joseph Dawson, III on 2/12/21. (rweb, ) (Entered: 02/12/2021) |
| 03/25/2021 | 65 | PLAINTIFF’S ID OF EXPERT WITNESSES by Aimee Maddonna.(Kozloski, Aaron) (Entered: 03/25/2021) |
| 04/20/2021 | 66 | Consent MOTION for Extension of Time to Serve Expert Report by Henry McMaster. Response to Motion due by 5/4/2021. 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.(Coleman, Miles) (Entered: 04/20/2021) |
| 04/22/2021 | 68 | TEXT ORDER granting 66 Consent Motion for Extension of Time. The report shall be served on or before April 30, 2021. Signed by Honorable Joseph Dawson, III on 4/22/21. (rweb, ) (Entered: 04/22/2021) |
| 04/23/2021 | 69 | DEFENDANT’S ID OF EXPERT WITNESSES (no designation, but reserving rights) by Michael Leach.(Woodington, Kenneth) (Entered: 04/23/2021) |
| 04/23/2021 | 70 | DEFENDANT’S ID OF EXPERT WITNESSES by Henry McMaster.(Coleman, Miles) (Entered: 04/23/2021) |
| 04/28/2021 | 71 | DEFENDANT’S ID OF EXPERT WITNESSES (with corrected caption) by Michael Leach.(Woodington, Kenneth) (Entered: 04/28/2021) |
| 05/13/2021 | 72 | Joint MOTION for Extension of Time to Complete Discovery by Aimee Maddonna. Response to Motion due by 5/27/2021. 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 Proposed Order Third Amended Scheduling Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Kozloski, Aaron) (Entered: 05/13/2021) |
| 05/17/2021 | 74 | THIRD AMENDED SCHEDULING ORDER. Discovery due by 7/23/2021, Motions due by 8/6/2021, Jury Selection Deadline 10/1/2021, Mediation Due by 8/2/2021. Motions granted: 72 Joint MOTION for Extension of Time to Complete Discovery filed by Aimee Maddonna. Signed by Honorable Joseph Dawson, III on 5/17/21. (rweb, ) (Entered: 05/17/2021) |
| 06/16/2021 | 75 | NOTICE of Appearance by Miles Edward Coleman on behalf of Michael Leach (Coleman, Miles) (Entered: 06/16/2021) |
| 07/13/2021 | 76 | Joint MOTION for Extension of Time to Complete Discovery by Aimee Maddonna. Response to Motion due by 7/27/2021. 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 Proposed Order Fourth Amended Scheduling Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Kozloski, Aaron) (Entered: 07/13/2021) |
| 07/20/2021 | 78 | FOURTH AMENDED SCHEDULING ORDER. Discovery due by 9/7/2021, Motion in Limine due by 10/18/2021, Motions due by 9/20/2021, Rule 26(a)(3) Disclosures due by 10/25/2021, Mediation Due by 9/16/2021, Bench Trial 11/15/21. Motions granted: 76 Joint MOTION for Extension of Time to Complete Discovery filed by Aimee Maddonna. Signed by Honorable Joseph Dawson, III on 7/20/21. (rweb, ) Modified on 7/21/2021 to edit text (rweb, ). Modified on 7/22/2021 to edit text (rweb, ). (Entered: 07/20/2021) |
| 07/23/2021 | 79 | MOTION for Judgment on the Pleadings by Michael Leach, Henry McMaster. Response to Motion due by 8/6/2021. 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: letter from Gov. McMaster to Asst. Sec. Steven Wagner, # 2 Exhibit B: Executive Order No. 2018-12, # 3 Exhibit C: letter from Asst. Sec. Steven Wagner to Gov. McMaster)No proposed order.(Coleman, Miles) (Entered: 07/23/2021) |
| 07/27/2021 | 80 | Consent MOTION for Discovery to be Stayed by Michael Leach, Henry McMaster. Response to Motion due by 8/10/2021. 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.(Coleman, Miles) (Entered: 07/27/2021) |
| 08/02/2021 | 82 | Consent MOTION for Extension of Time to File Response/Reply as to 79 MOTION for Judgment on the Pleadings by Aimee Maddonna. Response to Motion due by 8/16/2021. 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: 08/02/2021) |
| 08/19/2021 | 84 | TEXT ORDER granting 82 Consent Motion to Extend Plaintiff’s Deadline to Respond to State Defendants’ Motion for Judgment on the Pleadings. Plaintiff’s Response shall be due on or before August 20, 2021. Signed by Honorable Joseph Dawson, III on 8/19/21. (rweb, ) (Entered: 08/20/2021) |
| 08/20/2021 | 85 | RESPONSE in Opposition re 79 MOTION for Judgment on the Pleadings Response filed by Aimee Maddonna.Reply to Response to Motion due by 8/27/2021 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Kozloski, Aaron) (Entered: 08/20/2021) |
| 08/27/2021 | 86 | REPLY to Response to Motion re 79 MOTION for Judgment on the Pleadings Response filed by Michael Leach, Henry McMaster. (Coleman, Miles) (Entered: 08/27/2021) |
| 12/02/2021 | 87 | TEXT ORDER denying 79 Defendants’ Motion for Judgment on the Pleadings. Given that 79 in this case is similar to a motion in related case 6:19-cv-1567-JD, the Court incorporates the reasons for denial in this matter. Signed by Honorable Joseph Dawson, III on 12/2/21.(rweb, ) (Entered: 12/03/2021) |
| 12/02/2021 | 88 | TEXT ORDER denying 80 Consent Motion to Stay Discovery. Signed by Honorable Joseph Dawson, III on 12/2/21.(rweb, ) (Entered: 12/03/2021) |
| 12/27/2021 | 89 | MOTION to Appear Pro Hac Vice by Benjamin Thomas Takemoto by Administration for Children and Families, Alex M Azar, II, Lynn Johnson, United States Department of Health and Human Services. Response to Motion due by 1/10/2022. 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, # 2 Certificate in Good Standing)No proposed order.(Newman, Christie) (Main Document 89 replaced on 1/3/2022) (rweb, ). (Attachment 1 replaced on 1/3/2022) (rweb, ). Modified on 1/3/2022 to correct case number on document as verified by filing user (rweb, ). (Entered: 12/27/2021) |
| 12/29/2021 | 90 | TEXT ORDER granting 89 Motion in Support of Pro Hac Vice Application for Benjamin Thomas Takemoto. Signed by Honorable Joseph Dawson, III on 12/29/21.(rweb, ) (Entered: 12/30/2021) |
| 01/07/2022 | 91 | SUPPLEMENT by Administration for Children and Families, Alex M Azar, II, Lynn Johnson, United States Department of Health and Human Services . (Attachments: # 1 Withdrawal of exception from part 75.300 – South Carolina final 11 18 2021)(Newman, Christie) (Entered: 01/07/2022) |
| 01/07/2022 | 92 | Joint MOTION for Extension of Time to Complete Discovery by Aimee Maddonna. Response to Motion due by 1/21/2022. 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. Proposed order is being emailed to chambers with copy to opposing counsel.(Kozloski, Aaron) (Entered: 01/07/2022) |
| 01/20/2022 | 94 | TEXT ORDER granting 92 joint motion to extend remaining deadlines as provided in the Fifth Amended Scheduling Order. Signed by Honorable Joseph Dawson, III on 1/20/22.(rweb, ) (Entered: 01/20/2022) |
| 01/20/2022 | 95 | FIFTH AMENDED CONFERENCE AND SCHEDULING ORDER; Discovery due by 2/18/2022, Motion in Limine due by 3/25/2022, Motions due by 3/18/2022, Bench Trial Deadline 5/2/2022, Mediation Due by 2/25/2022. All other dates set out. Signed by Honorable Joseph Dawson, III on 1/20/22. (rweb, ) Modified on 1/20/2022 to edit text (rweb, ). (Entered: 01/20/2022) |
| 02/24/2022 | 96 | Joint MOTION for Relief from Mediation Order (filed jointly by all parties) by Michael Leach, Henry McMaster. Response to Motion due by 3/10/2022. 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.(Coleman, Miles) (Main Document 96 replaced on 2/25/2022) (alew). Modified on 2/25/2022 to replace with corrected document provided by filing user (alew). (Entered: 02/24/2022) |
| 03/03/2022 | 98 | TEXT ORDER granting 96 Joint Motion for Relief from Mediation Order. The Court will not require the parties to mediate prior to the resolution of any dispositive motions. However, mediation may be required at a later date. Signed by Honorable Joseph Dawson, III on 3/3/22.(rweb, ) (Entered: 03/03/2022) |
| 03/07/2022 | 99 | Joint MOTION to Stay Dispositive Motions Deadline by Aimee Maddonna. Response to Motion due by 3/21/2022. 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: 03/07/2022) |
| 03/17/2022 | 101 | TEXT ORDER granting 99 Joint Motion for Temporary Stay of Dispositive Motions Deadline. Signed by Honorable Joseph Dawson, III on 3/17/22.(rweb, ) (Entered: 03/17/2022) |
| 03/30/2022 | 102 | MOTION to Withdraw as Attorney by Henry McMaster. Response to Motion due by 4/13/2022. 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.(Thompson, Jay) (Entered: 03/30/2022) |
| 04/01/2022 | 103 | TEXT ORDER granting 102 Motion for Jay T. Thompson to Withdraw as Counsel. Signed by Honorable Joseph Dawson, III on 4/1/22.(alew, ) (Entered: 04/01/2022) |
| 10/07/2022 | 106 | TEXT ORDER: In light of the parties joint request for the Court to set a briefing schedule for the parties’ intended cross motions for summary judgment, the Court authorizes dispositive motions with the following briefing schedule: cross motions for summary judgment filed on or before November 21, 2022; responses thereto filed on or before January 23, 2023, and replies, if any, filed on or before February 10, 2023. Signed by Honorable Joseph Dawson, III on 10/7/2022. (abuc) (Entered: 10/07/2022) |
| 11/20/2022 | 107 | Consent MOTION for Leave to File Excess Pages by Michael Leach, Henry McMaster. Response to Motion due by 12/5/2022. 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.(Coleman, Miles) (Entered: 11/20/2022) |
| 11/21/2022 | 108 | MOTION for Summary Judgment by Administration for Children and Families, Alex M Azar, II, Lynn Johnson, United States Department of Health and Human Services. Response to Motion due by 1/23/2023. 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 1, Facebook Post, # 3 Exhibit 2, Letter dated April 25, 2022, # 4 Exhibit 3, Change Order #5, # 5 Exhibit 4, Deposition of Susan Roben)No proposed order.(Newman, Christie) Modified to correct response date pursuant to Order 106 on 12/6/2022 (abuc). (Entered: 11/21/2022) |
| 11/21/2022 | 109 | NOTICE TO LODGE of Certified Administrative Record by Administration for Children and Families, Alex M Azar, II, Lynn Johnson, United States Department of Health and Human Services (Attachments: # 1 Index, # 2 Certification of the Administrative Record, # 3 Certified Administrative Record)(Newman, Christie) (Entered: 11/21/2022) |
| 11/21/2022 | 110 | MOTION for Summary Judgment by Aimee Maddonna. Response to Motion due by 1/23/2023. 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 Memorandum in Support of Summary Judgment, # 2 Supporting Documents Statement of Undisputed Material Facts, # 3 Affidavit A – Declaration of Aimee Maddonna, # 4 Affidavit B – Declaration of Kenneth Upton, # 5 Exhibit 1 – Maddonna Depo Excerpts, # 6 Exhibit 2 – Barton Depo Excerpts, # 7 Exhibit 3 – Tester Depo Excerpts, # 8 Exhibit 4 – Lowe Depo Excerpts, # 9 Exhibit 5 – Staudt Depo Excerpts, # 10 Exhibit 6 – Betts Depo Excerpts, # 11 Envelope 7 – Lehman Depo Excerpts, # 12 Exhibit 8 – DDS Summary – Licenses, # 13 Exhibit 9 – DDC Summary – Placements, # 14 Exhibit 10 – South Carolina Executive Order, # 15 Exhibit 11 – DSS Rog Answers, # 16 Exhibit 12 – Letter from McMaster to Wagner, # 17 Exhibit 13 – Letter from Wagner to McMaster, # 18 Exhibit 14 – Letter Lowe to Miracle Hill, # 19 Exhibit 15 – HHS Withdrawal of Exception Letter, # 20 Exhibit 16 – DSS Summary – Administrative Fees)No proposed order.(Kozloski, Aaron) Modified to correct response date pursuant to Order 106 on 12/6/2022 (abuc). (Entered: 11/21/2022) |
| 11/21/2022 | 111 | MOTION for Summary Judgment by Michael Leach, Henry McMaster. Response to Motion due by 1/23/2023. 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 Index to Exhibits, # 2 Exhibit A – Barton Depo Excerpts, # 3 Exhibit B – Lowe Depo Excerpts, # 4 Exhibit C – McDaniel-Oliver Depo Excerpts, # 5 Exhibit D – SCDSS Contract with MHM, # 6 Exhibit E – Staudt Depo Excerpts, # 7 Exhibit F – Lehman Depo Excerpts, # 8 Exhibit G – SC CPAs Serving the Upstate, # 9 Exhibit H – Roben Depo Excerpts, # 10 Exhibit I – MHM FAQs, # 11 Exhibit J – Lehman letter to Azar, # 12 Exhibit K – New Foster Home Licenses, # 13 Exhibit L – SCDSS letter to MHM, # 14 Exhibit M – McMaster letter to Wagner, # 15 Exhibit N – Executive Order 2018-12, # 16 Exhibit O – Wagner letter to McMaster, # 17 Exhibit P – MHM Press Release, # 18 Exhibit Q – Greenville News, # 19 Exhibit V – Maddonna Depo Excerpts, # 20 Exhibit W – Statistics, # 21 Exhibit X – Busha Depo Excerpts, # 22 Exhibit Y – Betts Depo Excerpts, # 23 Exhibit Z – Key Stats, # 24 Exhibit AA – Staff members, # 25 Exhibit BB – Tester Depo Excerpts, # 26 Exhibit CC – Brodzinsky Depo Excerpts, # 27 Exhibit EE – SCDSS Manual)No proposed order.(Coleman, Miles) Modified to correct date filed on 11/22/2022 (abuc). Modified to correct response date pursuant to Order 106 on 12/6/2022 (abuc). (Entered: 11/22/2022) |
| 11/21/2022 | 112 |
CERTIFICATION OF TECHNICAL FAILURE OF THE ELECTRONIC CASE FILING (ECF) SYSTEM re 111 MOTION for Summary Judgment by Miles Edward Coleman on behalf of Michael Leach, Henry McMaster.
Counsel directed by Clerk’s Office to attempt to file document again on 11/22/2022, and if filing was successful, the Clerk would correct the filing date. Filing date has been modified to reflect the original filing date of 11/21/2022. (abuc) (Entered: 11/22/2022) |
| 11/28/2022 | 113 | NOTICE of Appearance by Thomas Ashley Limehouse, Jr on behalf of Henry McMaster (Limehouse, Thomas) (Entered: 11/28/2022) |
| 11/28/2022 | 114 | MOTION to Appear Pro Hac Vice by Daniel H. Blomberg ( Filing fee $ 350 receipt number ASCDC-10817116) by Henry McMaster. Response to Motion due by 12/12/2022. 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 Supporting Documents Application/Affidavit for Pro Hac Vice for Blomberg)No proposed order.(Coleman, Miles) (Entered: 11/28/2022) |
| 11/28/2022 | 115 | MOTION to Appear Pro Hac Vice by William J. Haun ( Filing fee $ 350 receipt number ASCDC-10817212) by Henry McMaster. Response to Motion due by 12/12/2022. 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 Supporting Documents Application/Affidavit for Pro Hac Vice Admission for Haun)Proposed order is being emailed to chambers with copy to opposing counsel.(Coleman, Miles) (Entered: 11/28/2022) |
| 11/28/2022 | 116 | MOTION to Appear Pro Hac Vice by Nicholas R. Reaves ( Filing fee $ 350 receipt number ASCDC-10817263) by Henry McMaster. Response to Motion due by 12/12/2022. 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 Supporting Documents Application/Affidavit for Pro Hac Vice Admission for Reaves)Proposed order is being emailed to chambers with copy to opposing counsel.(Coleman, Miles) (Entered: 11/28/2022) |
| 11/28/2022 | 117 | MOTION to Appear Pro Hac Vice by Lori H. Windham ( Filing fee $ 350 receipt number ASCDC-10817310) by Henry McMaster. Response to Motion due by 12/12/2022. 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 Supporting Documents Application/Affidavit for Pro Hac Vice Admission for Windham)Proposed order is being emailed to chambers with copy to opposing counsel.(Coleman, Miles) (Entered: 11/28/2022) |
| 11/29/2022 | 119 | TEXT ORDER granting 114 Motion to Appear Pro Hac Vice; granting 115 Motion to Appear Pro Hac Vice; granting 116 Motion to Appear Pro Hac Vice; granting 117 Motion to Appear Pro Hac Vice. Signed by Honorable Joseph Dawson, III on 11/29/2022.(abuc) (Entered: 11/29/2022) |
| 12/06/2022 | 122 | TEXT ORDER granting 107 Consent Motion for Overlength Brief. Signed by Honorable Joseph Dawson, III on 12/6/2022.(abuc) (Entered: 12/06/2022) |
| 12/19/2022 | 123 | MOTION to Strike 110 MOTION for Summary Judgment — more particularly, to strike Plaintiff’s overlength Memorandum [110-1] and Exhibit [110-2] filed in support thereof by Michael Leach, Henry McMaster. Response to Motion due by 1/3/2023. 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.(Coleman, Miles) (Entered: 12/19/2022) |
| 12/22/2022 | 124 | RESPONSE in Opposition re 123 MOTION to Strike 110 MOTION for Summary Judgment — more particularly, to strike Plaintiff’s overlength Memorandum [110-1] and Exhibit [110-2] filed in support thereof Response filed by Aimee Maddonna.Reply to Response to Motion due by 12/29/2022 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Kozloski, Aaron) (Entered: 12/22/2022) |
| 12/29/2022 | 125 | REPLY to Response to Motion re 123 MOTION to Strike 110 MOTION for Summary Judgment — more particularly, to strike Plaintiff’s overlength Memorandum [110-1] and Exhibit [110-2] filed in support thereof Response filed by Michael Leach, Henry McMaster. (Coleman, Miles) (Entered: 12/29/2022) |
Last updated 02/09/2023
Reconciled with online docket 01/11/2023