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09-971 - Van Orden et al v. Healthlink, Inc. et al


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09-971 - Van Orden et al v. Healthlink, Inc. et al
July 8, 2009
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ORDER re 2, 15, 16ORDERED that plaintiffs' joint motion for leave to proceed IFP [Doc. #2] is DENIED, without prejudice.FURTHER ORDERED that the Clerk of Court shall forward to plaintiffs, with a copy of this Order, the court forms entitled "Motion to Proceed without Prepayment of Costs" and "Financial Affidavit-CJA23." FURTHER ORDERED that, within thirty (30) days from the date of this Order, plaintiffs shall each complete and submit a motion to proceed IFP and affidavit in support. FURTHER ORDERED that, if any plaintiff fails to return a completed form motion within thirty (30) days of the date of this Order, the Court will dismiss the complaint as to the plaintiff who fails to comply. If none of the plaintiffs comply with this Order, the Court will dismiss this action pursuant to Rule 41(b) of the Federal Rules of Civil Procedure. FURTHER ORDERED that, upon plaintiffs filing the requisite motions to proceed IFP and affidavits in support, the Clerk shall resubmit this matter to the Court for review pursuant to 28 U.S.C.1915. FURTHER ORDERED that plaintiffs' motions for service of process [Doc. #15] andmotion for appointment of counsel [Doc. #16] are denied without prejudice, in light of the aforementioned. ( Response to Court due by 8/8/2009.). Signed by Honorable Jean C. Hamilton on 7/8/09. (Attachments: # (1) Motion for IFP, # (2) CJA 23 Fin. Afdt)(CEL)
August 31, 2009
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MEMORANDUM AND ORDER IT IS HEREBY ORDERED that pltff.'s mtns to proceed ifp33 21 20 30 23 22 24 35 36 26 28 are granted. IT IS FURTHER ORDERED that the clerk shall issue process or cause process to issue upon the complaint. IT IS FURTHER ORDERED that defts. shall reply to pltff.'s claims within the time provided by the applicable provisions. Signed by Honorable Jean C. Hamilton on 8/31/09. (CLA)
July 25, 2011
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MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that Defendants Motion to Dismiss Plaintiffs Fourth Amended Complaint is DENIED with respect to Plaintiffs claim that their Fourteenth Amendment rights were violated due to the lack of adequate care and treatment, and as to their equal protection and substantive due process claims based upon Missouris statutory reimbursement scheme as applied to Plaintiffs; the motion is GRANTED as to all other aspects of the Fourth Amended Complaint. [Doc. #123] Signed by Honorable Audrey G. Fleissig on 9/25/11. (KJS)
September 30, 2011
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MEMORANDUM AND ORDER -.....IT IS HEREBY ORDERED that Plaintiffs' Motion For Class Certification [Doc. No. 143] is GRANTED. IT IS FURTHER ORDERED that Plaintiffs shall file no later than October 12, 2011, their brief in support of their proposed form of notice, and Defendants shall file their response to Plaintiffs' brief not later than October 24, 2011. ( Response to Court due by 10/12/2011.). Signed by Honorable Audrey G. Fleissig on 9/30/2011. (MRC)
April 17, 2014
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MEMORANDUM AND ORDER (PLEASE SEE MEMORANDUM AND ORDER FOR COMPLETE DETAILS) IT IS HEREBY ORDERED that Plaintiffs shall file a response to the motion to quash on or before Thursday, April 24, 2014, and Defendants shall file a reply brief on or before Thursday, May 1, 2014.IT IS FURTHER ORDERED that the parties shall also confer and suggest to theCourt a mutually agreeable time on May 8, or May 9, 2014 for a conference call to address the motion to quash. Response to Court due by 4/24/2014. Signed by District Judge Audrey G. Fleissig on 4/17/14. (JWJ)
October 17, 2014
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MEMORANDUM AND ORDER...IT IS HEREBY ORDERED that Defendants Motions to Dismiss Plaintiffs Fifth Amended Complaint are DENIED with respect to Plaintiffs substantive due process claim based on lack of adequate care and treatment, Plaintiffs substantive due process and equal protection claims based on Missouris statutory reimbursement scheme, and Plaintiffs alternative disability discrimination claim under the ADA; the motions are GRANTED as to all other aspects of Plaintiffs Fifth Amended Complaint. (Docs. No. 273 & 330.) Signed by District Judge Audrey G. Fleissig on 10/17/2014. (NEB)
December 19, 2014
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MEMORANDUM AND ORDER IT IS HEREBY ORDERED that Plaintiffs motion to bifurcate trial is GRANTED. (Doc. No. 355.) The current trial setting in this case shall be limited to a trial on the question of whether Defendants are liable for the claims asserted by Plaintiffs. If Plaintiffs prevail on any claim, then the Court shall order the parties to submit a proposed schedule fora second trial to determine the appropriate remedies and relief. re:355 MOTION to Bifurcate Plaintiffs' Uncontested Motion to Bifurcate Trial filed by Plaintiff John R. Van Orden Signed by District Judge Audrey G. Fleissig on 12/19/14. (JWJ)
February 10, 2015
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MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Plaintiffs' motion for reconsideration is DENIED. (Doc. No. 345.) Signed by District Judge Audrey G. Fleissig on February 10, 2015. (BRP)
March 11, 2015
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main a party with respect to the remedy phase of this case. Signed by District Judge Audrey G. Fleissig on 3/11/15. (JWJ)MEMORANDUM AND ORDER IT IS HEREBY ORDERED that Defendant George Lombardis motion for summary judgment is GRANTED in part, with respect to the liability phase of this case. (Doc. No. 347.) IT IS FURTHER ORDERED that Defendant George Lombardi shall re
March 20, 2015
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MEMORANDUM AND ORDER... IT IS HEREBY ORDERED that Defendants motion for summary judgment is GRANTED with respect to Plaintiffs equal protection claim regarding the reimbursement statutes, and DENIED with respect to Plaintiffs substantive due process claim regarding the reimbursement statutes. (Doc. No. 351.) Signed by District Judge Audrey G. Fleissig on 3/20/2015. (NEB)
March 20, 2015
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MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Defendants' motion to exclude the testimony and reports of David Prescott and Brian Abbott is GRANTED in part and DENIED in part. (Doc. No. 382.) The motion is GRANTED with respect to Abbott's opinions that the SVP civil commitment process is flawed public policy and biased in favor of commitment. The motion is DENIED in all other respects. Signed by District Judge Audrey G. Fleissig on March 20, 2015. (BRP)
April 15, 2015
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MEMORANDUM AND ORDER: Upon review of the record and following the final pretrial conference in this case held on the record on April 15, 2015, and for the reasons stated by the Court thereat, the Court sets forth its rulings on the parties' motions in limine and objections to deposition designations as follows: (SEE ORDER FOR DETAILS) Signed by District Judge Audrey G. Fleissig on April 15, 2015. (BRP)
September 11, 2015
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MEMORANDUM OPINION: IT IS HEREBY ORDERED that the treatment-related claims of named Plaintiffs Macon Baker, David Brown, Joseph Bowen, and William Murphy are DISMISSED as moot, with the understanding that if the status of these Plaintiffs changes such that they are committed to SORTS during the pendency of this action, they will automatically become members of the Rule 23(b)(2) Treatment Class. IT IS FURTHER ORDERED that Plaintiffs' prayer for relief in their Fifth Amended Complaint requesting a declaration that the Missouri Sexually Violent Predators Act, Mo. Rev. Stat. §§ 632.480-632.513, is unconstitutional on its face is DENIED. IT IS FURTHER ORDERED that Plaintiffs' prayer for relief in their Fifth Amended Complaint requesting a declaration that the Missouri Sexually Violent Predators Act, Mo. Rev. Stat. §§ 632.480-632.513, is unconstitutional as applied and deprives Plaintiffs and the Treatment Class of their constitutional rights is GRANTED in part, as set forth above. IT IS FURTHER ORDERED that Plaintiffs' prayers for other relief with respect to their as-applied claims regarding risk assessment and release procedures at SORTS will be addressed in the second phase of trial (the "Remedies Phase"). The Court shall hold a conference on Tuesday, September 29, 2015 at 9:30 a.m., to address the schedule and procedures for the Remedies Phase. The Court urges the Attorney General to identify and include in the conference any other individuals, such as the Governor or the Director of the Department of Corrections, who may be necessary or helpful to addressing appropriate relief. IT IS FURTHER ORDERED that, except as set forth above, Plaintiffs' prayers for relief in their Fifth Amended Complaint, asserted on behalf of themselves and the Treatment and Charging Classes, are DENIED. (In Court Hearing set for 9/29/2015 09:30 AM in Courtroom 12S before District Judge Audrey G. Fleissig.) Signed by District Judge Audrey G. Fleissig on September 11, 2015. (BRP)
December 21, 2015
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MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Plaintiffs' motion for clarification and Defendants' motion for reconsideration are both GRANTED in part and DENIED in part, as set forth above. (Doc. Nos. 472 & 473.) The Court will issue a separate Amended Memorandum Opinion. Signed by District Judge Audrey G. Fleissig on December 21, 2015. (BRP)
December 22, 2015
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Amended MEMORANDUM OPINION: IT IS HEREBY ORDERED that the treatment-related claims of named Plaintiffs Macon Baker, David Brown, Joseph Bowen, and William Murphy are DISMISSED as moot, with the understanding that if the status of these Plaintiffs changes such that they are committed to SORTS during the pendency of this action, they will automatically become members of the Rule 23(b)(2) Treatment Class. IT IS FURTHER ORDERED that Plaintiffs' prayer for relief in their Fifth Amended Complaint requesting a declaration that the Missouri Sexually Violent Predators Act, Mo. Rev. Stat. §§ 632.480-632.513, is unconstitutional on its face is DENIED. IT IS FURTHER ORDERED that Plaintiffs prayer for relief in their Fifth Amended Complaint requesting a declaration that the Missouri Sexually Violent Predators Act, Mo. Rev. Stat. §§ 632.480-632.513, is unconstitutional as applied and deprives Plaintiffs and the Treatment Class of their constitutional rights is GRANTED in part, as set forth above. IT IS FURTHER ORDERED that Plaintiffs' prayers for other relief with respect to their as-applied claims regarding risk assessment and release procedures at SORTS will be addressed in the second phase of trial (the "Remedies Phase"). IT IS FURTHER ORDERED that, except as set forth above, Plaintiffs' prayers for relief in their Fifth Amended Complaint, asserted on behalf of themselves and the Treatment and Charging Classes, are DENIED. Signed by District Judge Audrey G. Fleissig on December 22, 2015. (BRP)
July 7, 2016
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MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that the parties shall confer and attempt to reach agreement with respect to any changes to the proposed class notice that may be necessary in light of this Order, and on or before July 21, 2016, shall file a copy of their proposed revised class notice or, if they cannot reach agreement, their respective positions. Following review and approval of the class notice, the Court will grant the parties' joint motion to approve and direct notice to the certified class of the proposed settlement, and will schedule a fairness hearing on the proposed settlement. IT IS FURTHER ORDERED that John H. Quinn, III is appointed as counsel to represent the class representatives who object to the proposed settlement and any other class members who object to the proposed settlement and wish to be represented by Mr. Quinn. IT IS FURTHER ORDERED that Eric Selig's oral motion to withdraw as lead class counsel is DENIED without prejudice. Signed by District Judge Audrey G. Fleissig on July 7, 2016. (BRP)
November 23, 2016
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MEMORANDUM AND ORDER : IT IS HEREBY ORDERED that class counsels motion for final approval of the amended proposed settlement is DENIED. (Doc. No. 689.) IT IS FURTHER ORDERED that within 14 days of the date of this Order, the parties shall file a joint proposed schedule for litigation of the Remedies Phase. Signed by District Judge Audrey G. Fleissig on 11/23/2016. (KCB)
April 6, 2017
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MEMORANDUM AND ORDER : IT IS HEREBY ORDERED that Plaintiffs motion to compel is DENIED. (ECF No. 759.) Signed by District Judge Audrey G. Fleissig on 04/06/2017. (KCB)
July 6, 2017
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MEMORANDUM AND ORDER : IT IS HEREBY ORDERED that the Courts December 22, 2015 Amended Memorandum Opinion (ECF No. 501) is VACATED in part, to the extent that it granted Plaintiffs claims in part, and Plaintiffs claims are hereby DENIED. Signed by District Judge Audrey G. Fleissig on 07/06/2017. (KCB)
September 18, 2017
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MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Plaintiffs' motion to alter or amend the judgment is DENIED. ECF No. 794. Signed by District Judge Audrey G. Fleissig on September 18, 2017. (BRP)
September 22, 2017
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MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Armstrong Teasdale LLP's motion for attorney's fees and costs, and its motion requesting oral argument on the same, are both DENIED. ECF Nos. 791 & 792. Signed by District Judge Audrey G. Fleissig on September 22, 2017. (BRP)
October 4, 2017
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MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Plaintiffs shall be permitted to proceed in forma pauperis on appeal. IT IS FURTHER ORDERED that Plaintiffs' Motion for Preparation of Transcripts at No Cost is GRANTED. ECF No. 816. Transcripts for the proceedings on April 15, 2015; April 21, 2015; April 22, 2015; April 23, 2015; April 24, 2015; April 27, 2015; April 28, 2015; April 29, 2015; April 30, 2015; May 25, 2016; and October 20, 2016, shall be prepared for the appeal at the cost of the United States. Signed by District Judge Audrey G. Fleissig on October 4, 2017. (BRP)