PEOPLE FIRST OF TENNESSEE v. CLOVER BOTTOM DEVELOPMENTAL CENTER

Nos. 3:95-1227, cons. w/3:96-1056

PEOPLE FIRST OF TENNESSEE, et al., Plaintiffs, v. CLOVER BOTTOM DEVELOPMENTAL CENTER, et al., Defendants.

United States District Court, M.D. Tennessee, Nashville Division.

November 3, 2015.


Attorney(s) appearing for the Case

People First of Tennessee, on behalf of its members, Plaintiff, represented by Earle J. Schwarz, Glankler Brown, PLLC, Jack Derryberry, Derryberry & Derryberry & Judith A. Gran, Public Interest Law Center of Philadelphia.

Bonnie Chaffee, by her next friend, Crystal Goodman, Plaintiff, represented by Earle J. Schwarz, Glankler Brown, PLLC, Jack Derryberry, Derryberry & Derryberry & Judith A. Gran, Public Interest Law Center of Philadelphia.

Dowell Harris, by his next friend, Rocky Akin, Plaintiff, represented by Earle J. Schwarz, Glankler Brown, PLLC, Jack Derryberry, Derryberry & Derryberry & Judith A. Gran, Public Interest Law Center of Philadelphia.

Effie Estelle Pippin, by her next friend, Frances Hamblen, Plaintiff, represented by Earle J. Schwarz, Glankler Brown, PLLC, Jack Derryberry, Derryberry & Derryberry & Judith A. Gran, Public Interest Law Center of Philadelphia.

Sandra Jo Proctor, by her next friend, Evelyn McCormack, Plaintiff, represented by Earle J. Schwarz, Glankler Brown, PLLC, Jack Derryberry, Derryberry & Derryberry & Judith A. Gran, Public Interest Law Center of Philadelphia.

Cynthia Dawn Sommerville, a minor, by her parents and natural guardians, Jeff and Kathy Sommerville, Plaintiff, represented by Earle J. Schwarz, Glankler Brown, PLLC, Jack Derryberry, Derryberry & Derryberry & Judith A. Gran, Public Interest Law Center of Philadelphia.

Kevin Troupe, by his next friend, Charles Hall, Plaintiff, represented by Earle J. Schwarz, Glankler Brown, PLLC, Jack Derryberry, Derryberry & Derryberry & Judith A. Gran, Public Interest Law Center of Philadelphia.

Juanita Wright, by her next friend, William A. Goodman, Jr., Plaintiff, represented by Earle J. Schwarz, Glankler Brown, PLLC, Jack Derryberry, Derryberry & Derryberry & Judith A. Gran, Public Interest Law Center of Philadelphia.

Mary Ann Avery, by her next friend, Jason Elam, Plaintiff, represented by Earle J. Schwarz, Glankler Brown, PLLC, Jack Derryberry, Derryberry & Derryberry & Judith A. Gran, Public Interest Law Center of Philadelphia.

Audriniece Hollister, by her next friend, Ethyl Ervie, Plaintiff, represented by Earle J. Schwarz, Glankler Brown, PLLC, Jack Derryberry, Derryberry & Derryberry & Judith A. Gran, Public Interest Law Center of Philadelphia.

Kenneth Lee, Plaintiff, represented by Earle J. Schwarz, Glankler Brown, PLLC, Jack Derryberry, Derryberry & Derryberry & Judith A. Gran, Public Interest Law Center of Philadelphia.

Eddie Jones, Plaintiff, represented by Earle J. Schwarz, Glankler Brown, PLLC, Jack Derryberry, Derryberry & Derryberry & Judith A. Gran, Public Interest Law Center of Philadelphia.

Larry Wayne Vaughn, Plaintiff, represented by Earle J. Schwarz, Glankler Brown, PLLC, Jack Derryberry, Derryberry & Derryberry & Judith A. Gran, Public Interest Law Center of Philadelphia.

Charles Wilhoite, Plaintiff, represented by Earle J. Schwarz, Glankler Brown, PLLC, Jack Derryberry, Derryberry & Derryberry & Judith A. Gran, Public Interest Law Center of Philadelphia.

Carolyn Britt, Plaintiff, represented by Earle J. Schwarz, Glankler Brown, PLLC, Jack Derryberry, Derryberry & Derryberry & Judith A. Gran, Public Interest Law Center of Philadelphia.

Rebecca Workman, Plaintiff, represented by Earle J. Schwarz, Glankler Brown, PLLC, Jack Derryberry, Derryberry & Derryberry & Judith A. Gran, Public Interest Law Center of Philadelphia.

Jenny Belle Greenwood, Plaintiff, represented by Earle J. Schwarz, Glankler Brown, PLLC, Jack Derryberry, Derryberry & Derryberry & Judith A. Gran, Public Interest Law Center of Philadelphia.

David Balthrop, Plaintiff, represented by Earle J. Schwarz, Glankler Brown, PLLC, Jack Derryberry, Derryberry & Derryberry & Judith A. Gran, Public Interest Law Center of Philadelphia.

Terry Beaty, Plaintiff, represented by Jack Derryberry, Derryberry & Derryberry & Judith A. Gran, Public Interest Law Center of Philadelphia.

USA, Plaintiff, represented by Michael L. Roden, Office of the United States Attorney, R. Jonas Geissler, Department of Justice, Matthew Donnelly, Department of Justice, Michelle A. Jones, Department of Justice-Civil Rights Division & Samantha Kay Trepel, Department of Justice-Civil Rights Division.

Clover Bottom Development Center, Defendant, represented by Dianne Stamey Dycus, Tennessee Attorney General's Office, Jonathan P. Lakey, Pietrangelo & Cook, PLC, Martha A. Campbell, Tennessee Attorney General's Office & Mary Byrd Ferrara, Tennessee Attorney General's Office.

Don Sundquist, in his official capacity as Governor of the State of Tennessee, Defendant, represented by Dianne Stamey Dycus, Tennessee Attorney General's Office, Jonathan P. Lakey, Pietrangelo & Cook, PLC, Martha A. Campbell, Tennessee Attorney General's Office & Mary Byrd Ferrara, Tennessee Attorney General's Office.

Julia Bratcher, in her official capacity as Superintendent of Clover Bottom Developmental Center, Defendant, represented by Dianne Stamey Dycus, Tennessee Attorney General's Office, Jonathan P. Lakey, Pietrangelo & Cook, PLC, Martha A. Campbell, Tennessee Attorney General's Office & Mary Byrd Ferrara, Tennessee Attorney General's Office.

Tennessee Department of Mental Health and Mental Retardation, Defendant, represented by Dianne Stamey Dycus, Tennessee Attorney General's Office, Jonathan P. Lakey, Pietrangelo & Cook, PLC, Martha A. Campbell, Tennessee Attorney General's Office & Mary Byrd Ferrara, Tennessee Attorney General's Office.

Tennessee Department of Health, Defendant, represented by Dianne Stamey Dycus, Tennessee Attorney General's Office, Jonathan P. Lakey, Pietrangelo & Cook, PLC, Martha A. Campbell, Tennessee Attorney General's Office & Mary Byrd Ferrara, Tennessee Attorney General's Office.

Fredia S. Wadley, in her official capacity as Commissioner of Health, Defendant, represented by Dianne Stamey Dycus, Tennessee Attorney General's Office, Jonathan P. Lakey, Pietrangelo & Cook, PLC, Martha A. Campbell, Tennessee Attorney General's Office & Mary Byrd Ferrara, Tennessee Attorney General's Office.

Tennessee Department of Finance & Administration, Defendant, represented by Dianne Stamey Dycus, Tennessee Attorney General's Office, Jonathan P. Lakey, Pietrangelo & Cook, PLC, Martha A. Campbell, Tennessee Attorney General's Office & Mary Byrd Ferrara, Tennessee Attorney General's Office.

Rusty Seibert, in his official capacity as Assistant Commissioner of Tenncare, Defendant, represented by Dianne Stamey Dycus, Tennessee Attorney General's Office, Jonathan P. Lakey, Pietrangelo & Cook, PLC, Martha A. Campbell, Tennessee Attorney General's Office & Mary Byrd Ferrara, Tennessee Attorney General's Office.

Greene Valley Developmental Center, Defendant, represented by Martha A. Campbell, Tennessee Attorney General's Office & Mary Byrd Ferrara, Tennessee Attorney General's Office.

Nat T. Winston Developmental Center, Defendant, represented by Martha A. Campbell, Tennessee Attorney General's Office & Mary Byrd Ferrara, Tennessee Attorney General's Office.

Ben Dishman, Defendant, represented by Martha A. Campbell, Tennessee Attorney General's Office & Mary Byrd Ferrara, Tennessee Attorney General's Office.

John Ferguson, in his official capacity as Commissioner of Finance and Administration, Defendant, represented by Martha A. Campbell, Tennessee Attorney General's Office & Mary Byrd Ferrara, Tennessee Attorney General's Office.

State of Tennessee, Defendant, represented by Dianne Stamey Dycus, Tennessee Attorney General's Office, Jonathan P. Lakey, Pietrangelo & Cook, PLC, Martha A. Campbell, Tennessee Attorney General's Office & Mary Byrd Ferrara, Tennessee Attorney General's Office.

Brian Bragdon, Intervenor Plaintiff, represented by Allen Woods, Law Offices of Woods & Woods & Larry D. Woods, Law Offices of Woods & Woods.

Quality Review Panel, Jaylon Fincannon, Chair; Becky Johnson, Member; Karen Green McGowan, Member, Walter Hunt, Member, Interested Party, Pro Se.

Parent-Guardian Association of Clover Bottom Developmental Center, Intervenor, represented by Dudley Mack West, White & Reasor, Hal D. Hardin, Jonathan Stephen Carlton, Harrington Law Office & Nancy Penny Harrington, Harrington Law Office.

Parent-Guardian Association of Greene Valley Developmental Center, Intervenor, represented by Dudley Mack West, White & Reasor, Hal D. Hardin, Mary Martin Schaffner, Howell & Fisher, Jonathan Stephen Carlton, Harrington Law Office & Nancy Penny Harrington, Harrington Law Office.

Winston Foundation, Intervenor, represented by Dudley Mack West, White & Reasor & Mary Martin Schaffner, Howell & Fisher.

Joseph Martin Steffan, Intervenor, represented by Mary Martin Schaffner, Howell & Fisher.

Margaret Ann Tierney, Intervenor, represented by Mary Martin Schaffner, Howell & Fisher.

Robert Anthony Powell, Intervenor, represented by Mary Martin Schaffner, Howell & Fisher.

Bruce Edward Ricks, Intervenor, represented by Mary Martin Schaffner, Howell & Fisher.


REPORT AND RECOMMENDATION FOR ENTRY OF AN ORDER FINDING THAT DEFENDANTS HAVE COMPLETED MATERIAL PROVISIONS OF THE EXIT PLAN

Before the Court is the request of Defendants the State of Tennessee, et al., made pursuant to paragraph 7 of the Agreed Order (Doc. No. 1138) and Rule 72 of the Federal Rules...

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