Conn. Traumatic Brain Injury Assoc. v. Hogan MR-CT-002-002

UNITED STATES DISTRICT COURT

DISTRICT OF CONNECTICUT

CONNECTICUT TRAUMATIC BRAIN INJURY ASSOCIATION, INC., ET AL

: CIV. H-9 0-97 (PCD)

v.

COMMISSIONER, CONNECTICUT DEPARTMENT OF MENTAL HEALTH, ET AL

: July 28, 1995

FOURTH AMENDED COMPLAINT

I. INTRODUCTION:

1. This action is brought on behalf of all persons who are

retarded or who have a traumatic brain injury who have been or may

be placed in Norwich or Fairfield Hills Hospitals. The case is

also brought on behalf of all persons with traumatic brain injury

who are or may be confined at Connecticut Valley Hospital (CVH).

This case asks the Court to enjoin the practice of placing and

retaining non-dangerous retarded and/or brain injured persons in

state hospitals for the mentally ill where the treatment and

training they need is unavailable. The plaintiffs contend that

these placements are made for the sole purpose of providing

custodial care to citizens who have no where else to live. These

practices violate the plaintiffs' rights secured by the Fourteenth Amendment to the United States Constitution, the Rehabilitation Act I of 1973, 29 U.S.C. §794 and the ADA, 20 U.S.C. § 12131 et seq. The plaintiffs also contend that classmembers' rights to be free from undue restraint, to receive training sufficient to prevent the deterioration of basic self-care skills, to adequate clothing and medical care and to live in a safe environment guaranteed to them by the Due Process Clause of the Fourteenth Amendment are violated by the defendants' policies and practices. The plaintiffs seek classwide injunctive relief which would halt admissions of retarded or brain injured persons to Norwich Hospital, Connecticut Valley Hospital or Fairfield Hills Hospital and would require that the defendants transfer classmembers to community residential and program settings where their minimum needs can be met. II. JURISDICTION:
2. Jurisdiction is conferred on this Court by 28 U.S.C. §§ 1331, 1343(3) and (4), 2201 and 2202. This action arises under and is authorized by 42 U.S.C. § 1983, 29 U.S.C. § 794 and 42 U.S.C. § 12131.

III. PARTIES; THE CONNECTICUT TRAUMATIC BRAIN INJURY ASSOCIATION. INC. 3. The Connecticut Traumatic Brain Injury Association, Inc.
(CTBIA) is a non-profit corporation created originally in 1982 under the laws of the State of Connecticut with offices at 1800 Silas Deane Highway, Rocky Hill, Connecticut. CTBIA has eleven support groups and 1400 members statewide. The purpose of the Association is -to improve the quality of life for persons with Traumatic BraTh Injury and their families.
4. Included in the membership of the Connecticut Traumatic Brain Injury Association are parents, family members, guardians and advocates for brain injured persons consigned to Connecticut's public hospitals for the mentally ill, as well as the brain injured persons who are confined or are at risk of being confined in mental health facilities. Membership in CTBIA also includes persons with brain injury and their supporters who are involved in all phases of the rehabilitation continuum.
5. Although created by and for persons with traumatic brain injury, CTBIA has long been aware of the difficulties faced by persons suffering from brain injuries caused by organic and other

non-traumatic causes. In the absence of any state or private agency willing to serve this latter group, CTBIA has made referrals, provided services and advocated for them to improve their quality of life.
6. CTBIA's mission is to provide the support groups and service systems for persons with brain injuries and their families, educate about traumatic brain injury, its related problems and prevention, advocate for community and medical resources needed to provide comprehensive care, and directly meet selected needs that are currently unaddressed by the existing systems.
7. For eight years CTBIA and its local support groups have conducted programs for brain injured persons and have acted as advocates for them. In the face of exclusion of their brain injured family members from generic services in the community, families joined together originally to facilitate and advocate for the development of appropriate public services, and, more recently, to provide community-based residential services directly to brain injured persons to demonstrate the feasibility of providing community-based services for all person with brain injuries.
8. Although persons with brain injury often require services

and support to live and participate in society, they are excluded from services by the Department of Mental Retardation and other agencies receiving substantial state-funding because existing publicly funded services do not adequately meet the needs of persons with Traumatic Brain Injury.
CONNECTICUT ASSOCIATION FOR RETARDED CITIZENS, INC. 9. The Connecticut Association for Retarded Citizens, Inc. (CARC) is a non-profit corporation created in 1951 and which exists under the laws of the State of Connecticut, with offices at 1030 New Britain Avenue, Suite 102-B, West Hartford, Connecticut. CARC has 20 member chapters and a membership of 3000 families statewide. The purpose of the Association is to promote the general welfare of mentally retarded persons in the State of Connecticut. 10. Members of the Connecticut Association for Retarded Citizens include parents, other relatives, guardians and next friends of person segregated at Norwich and Fairfield Hills Hospital and of persons in jeopardy of being segregated there by the State, as well as mentally retarded persons who are presently segregated or in jeopardy of being segregated there. 11. For thirty-nine years CARC and its member chapters have

conducted programs of habilitation for retarded persons and have acted as advocates for them. In the face of exclusion of their children from generic services in the community, parents joined together, originally, to create and provide alternative services through their Association, and more recently, to enforce the duties of the responsible public agencies to provide the education, residential, vocational, recreational, and other opportunities which are as essential to mentally retarded persons as they are to all others.
INDIVIDUAL PLAINTIFFS 12. The plaintiff, Burton Hawley, age 39, has been confined at Fairfield Hills Hospital since April 19, 1982. He brings this action by and through his father and Conservator, Burton Hawley, Sr. 13. Burton became handicapped in 1975 when he sustained a traumatic brain injury in an automobile accident. He was provided medical treatment for those injuries until May 20, 1977, when he was transferred to Connecticut Valley Hospital, a state hospital for the mentally ill. 14. Burton was not then, nor is he now, mentally ill. His

medical condition is not treatable through psychotherapy or the administration of psychotropic medication.
15. Burton and his family were not given notice of this transfer, or provided an opportunity to contest its appropriateness.
16. On or about April 1, 1982 the plaintiff was transferred to Fairfield Hills Hospital, another state hospital for the mentally ill.
17. Once" again, neither Burton nor his family were given prior notice of this transfer, or an opportunity to challenge its appropriateness. By his confinement in public mental hospitals, without meaningful opportunity to challenge the placement, the plaintiff has been unfairly stigmatized as a person who is dangerous and is suffering from mental illness.
18. Because the state defendants have offered no alternative support or residential services, Burton has remained in public psychiatric facilities for fifteen years. During these fifteen years of confinement, Burton has been consigned to various locked wards to which his family does not have access. Burton's father and Conservator, Burton Hawley, Sr., has also been denied access to

his son's records. 19. As a result of the lack of appropriate programs and
confinement with aggressive clients, Mr. Havley has been injured, restrained, and has regressed.
20. The state has failed to remedy these unconstitutional conditions despite repeated complaints by his parents.
21. The plaintiff is not mentally ill and cannot obtain the rehabilitation,- therapies and programs he needs at Fairfield Hills Hospital. ~~
22. On October 1, 1987, the Newtown Probate Court involuntarily committed plaintiff to Fairfield Hills Hospital, not because of mental illness, dangerousness or need for psychotherapy, but because Burton is brain-damaged, non-ambulatory and the state has developed no appropriate residential settings for him and similarly situated persons.
23. At that hearing the Probate Judge, The Honorable Merlin Fisk, expressed concern and dismay over the fact that under state law, given the lack of appropriate alternatives, he had no alternative but to commit the plaintiff to Fairfield Hills Hospital, regardless of the facility's ability to meet Mr. Hawley's
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needs. 24. The plaintiff, Ronald Rotman, is a forty-five year old
resident of the Kettle Building, Norwich Hospital, Norwich, Connecticut. Ronald brings this action by and through his brother and next friend, Douglas Rotman.
25. Ronald is not mentally ill. Ronald is retarded, a condition that is not treatable through psychotherapy or the medication therapy that is available at Norwich Hospital. Ronald, instead, needs habilitation to be free from undue restraint, to prevent deterioration of self-care skills, and to be free from harm. Habilitation is, however, unavailable at Norwich Hospital.
26. The plaintiff was admitted to Norwich Hospital on October 8, 1963 from Mansfield Training School as a result of a superintendent's transfer. The plaintiff was given no prior notice of this transfer, or opportunity to be heard. As a result of this transfer and extended confinement in a hospital for the mentally ill, he has been stigmatized as a dangerous mentally ill person.
27. Ronald has remained at Norwich Hospital since October 8, 1963 not because he needs the psychotherapy or confinement offered there, but because the defendants have failed to offer the

appropriate support services necessary for him to leave the facility.
28. During his twenty-nine years of confinement at Norwich i Hospital, Ronald has been consigned to various locked wards with nothing to do and nowhere to go. Further, he has been routinely restrained, has regressed and lives in an unsafe environment.
29. On November 4, 1988, and on several prior occasions, the Norwich Probate Court, the Honorable Linda Salafia presiding, involuntarily~committed the plaintiff to Norwich Hospital, not because he suffers from mental illness,, or because he is dangerous, but because there was nowhere for him in the mental retardation system.
30. Norwich Hospital has recognized since at least 1982 that Ronald should be transferred to an appropriately staffed and supervised community residential setting. He has remained at Norwich Hospital for twenty-nine years, however, because the State has failed to develop an appropriate community residential setting and the support services necessary for him to leave.
31. David Smith is a thirty-two year-old resident of Norwich Hospital. He has lived at Norwich Hospital since June 7, 1984.
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32. David brings this action by and through his mother and Conservator, Delores Smith of Wallingford, Connecticut.
33. David sustained a head injury at home on April 16, 1977, and was admitted the following day to Meriden-Wallingford Hospital. Following treatment at several community hospitals, he was discharged to Gaylord Hospital.
34. Following hospitalization in several facilities he was transferred to a nursing home in September of 1979. He was placed in various nursing homes, all of which were incapable of providing appropriate rehabilitative care, until June 7, 1984 when he was admitted to Norwich Hospital after he was discharged from Riverside Health Care Center as a result of a behavioral incident.
35. David was not mentally ill at the time of his admission to Norwich Hospital in September of 1977 and is not mentally ill today. Norwich Hospital recognized long ago that his disability was caused by brain injury. Further, David has never presented behaviors which would pose any danger if appropriate.behavior modification was provided.
36. David needs rehabilitation including physical therapy, behavior modification and communication therapy to prevent further
11

regression, chemical and physical restraint and injury. None of these therapies and programs are available at Norwich Hospital. Although some physical therapy is provided, it is inadequate to meet David's needs. As a result, he has regressed, has been restrained and confined to a locked ward.
37. On June 27, 1984 the Honorable Linda Salafia involuntarily determined that David was incapable and committed him involuntarily to Norwich Hospital even though he was not mentally ill or dangerous. Further, the commitment was made even though Norwich Hospital was incapable of meeting his needs. David's inappropriate and unconstitutional commitment has been reviev/ed by the Norwich Probate Court and renewed because no appropriate community residential setting was available.
38. David's treatment team has recognized the inappropriateness of Norwich Hospital since his involuntary commitment, and has constantly recommended that he be transferred to a residential placement where the necessary programs are available. The state defendants have not, however, respected or implemented the team's recommendation.
39. Ramona Medina is a thirty-three year-old resident of
12

Norwich Hospital. She brings this action by and through her sister and next friend, Marilyn Medina, of Hartford, Connecticut.
40. Ramona has lived at Norwich Hospital since March 6, 1981. She is mentally retarded and not mentally ill. She is currently on a "voluntary" placement status even though she is not capable of making an informed choice regarding her treatment or confinement at Norwich Hospital. Although the Departments of Mental Health and Mental Retardation concluded that Ramona should be placed in a properly structured DMR group home several years ago, she has remained at Norwich Hospital because appropriate community placement has not been developed.
41. Ramona is not mentally ill or dangerous, and does not need any of the treatment for mental illness that may be available at Norwich Hospital. Ramona needs habilitation to prevent the unnecessary use of restraint, to prevent regression and to keep her safe. None of these needed programs are, however, available at Norwich Hospital.
42. As a result, Ramona has been subjected to chemical restraint, has regressed, has been stigmatized as a person with mental illness and spends her days on a locked ward with nothing to
13

do and nowhere to go. 43. Diane Chapman is a forty-four year-old resident of
Norwich Hospital. She brings this action by and through her mother and next friend, Mary Chapman, of East Lyme, Connecticut.
44. Diane was first admitted to Norwich Hospital at age eleven, and has lived in that facility continuously ever since, except during another brief inappropriate placement in a nursing home during the- period June 24, 1971 through March 8, 1972. She remains at Norwich Hospital on a "voluntary" status even though she is not capable of making an informed choice regarding her treatment or placement at Norwich Hospital.
45. Diane is not mentally ill or dangerous and does not need any of the treatment for mental illness that may be available at Norwich Hospital. Diane needs habilitation to prevent the unnecessary use of restraint, to prevent regression and to keep her safe. None of these needed programs are available at Norwich Hospital.
46. As a result, Diane has been subjected to chemical restraint, has been stigmatized as a mentally ill person, has regressed and is not safe. The professionals at Norwich Hospital
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have recognized her need for placement in a structured community setting since 1979, and DMR has been "pursuing" a community placement for her since 1982. She remains confined to a locked ward much of the time and continues to regress while DMR searches for an alternative placement.
47. Joseph Green is a forty-three year-old resident of Fairfield Hills Hospital.
48. Joseph was admitted to Fairfield Hills Hospital on May 13, 1986 for" assaultiveness in the family home and for an evaluation. His diagnosis on admission was traumatic brain injury.
49. Joseph is not mentally ill or dangerous and does not need the treatment that is available for mental illness at Fairfield Hills Hospital. Joseph needs rehabilitation and therapy to prevent the unnecessary use of restraint, to prevent regression and to keep him safe. None of these needed therapies or treatments are available at Fairfield Hills Hospital.
50. As a result of his confinement, Joseph has lost skills, has been restrained, has received no effective programming, has lived under unsafe conditions, has been stigmatized as dangerous and mentally ill and has remained at the facility despite the
15

!unanimous judgment of professional and direct care staff that he
i
I should be placed in a small community residential setting where

;appropriate therapy, habilitation, treatment, training and i

|supervision would be available.

11

51. On or about June 2, 1988 Joseph was involuntarily

'committed to Fairfield Hills Hospital. This action was taken not
i
'• because Joseph needed the treatment that was available there, but

!because there is no appropriate structured and supervised community

!setting available to him. Joseph remains at Fairfield Hills

;Hospital only because appropriate residential services and programs

!have not been developed.

|

I

52. Robert Scully, Jr. is a thirty-two year-old resident of

j

| Fairfield Hills Hospital. He has lived at Fairfield Hills Hospital

|

|since December 22, 1989.

i

53. Robert brings this action by and through his father and

Conservator, Robert Scully, Sr. of Plainville, Connecticut.

54. Robert sustained a head injury as a result of a fall

while he was waiting in line to enter the Superior Court in

Torrington, Connecticut. He was later admitted to Charlotte IHungerford Hospital, and Hartford Hospital.
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55. Following hospitalization he was transferred to a nursing home and then was taken home to live with his family. He lived at !home for approximately one year until a placement became available
i
! in a group home operated by DATAHR in Danbury, Connecticut. He was committed to Fairfield Hills Hospital some six months later after DATAHR determined that they were unable to meet his needs.
56. On December 15, 1989 the Danbury Probate Court involuntarily committed Robert to Fairfield Hills Hospital without considering €Hat facility's ability to respond to his need for rehabilitation. Immediately after admission the treatment team informed the family that Robert was brain injured and not mentally ill and did not belong at Fairfield Hills Hospital.
57. Robert remains at Fairfield Hills Hospital, however, because an appropriate community residence has not been developed, nor is any being planned.
58. As a result of his confinement and lack of programs Robert has received psychotropic medication without the consent of his conservator, has been confined to a locked ward and is at risk of regressing because the rehabilitation he needs is not available at Fairfield Hills Hospital.
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I

59. The plaintiff,

i i
'incompetent as a result

i

Timothy Kane, is disabled and legally of a traumatic brain injury that he

[sustained in an automobile accident in 1978.

60. After the accident, his parents, Mr. and Mrs. William

;Kane, attempted to meet Timothy's needs in the family home.

;Because the family received no respite services, no behavior

supports, no recreational programming or vocational programs,

Timothy began -to exhibit behavioral problems of increasing

severity.

61. By 1984 his behaviors had become so taxing on the family

that they found it necessary to remove him from the home from time

to time. Because the state had not assigned any state agency the

jresponsibility for developing small, properly supported community
I

I residential settings or community support services for citizens

disabled through a brain injury, or their families, and had

appropriated inadequate resources for such development, the parents

had no alternative but to place Timothy at Norwich Hospital when

these behavioral crises occurred.

62. From 1981 through July, 1988, Timothy was admitted to

Norwich Hospital on approximately eight occasions due to behaviors 18

that the family could not manage at home. On these occasions, the family would typically place Timothy in the emergency room of William W. Backus Hospital. Invariably, William W. Backus Hospital would refuse to admit Timothy, but would aggressively pursue a transfer to Norwich Hospital. Following each transfer the family would take Timothy back into the family home.
63. In July, 1988, Timothy was placed in the New Medico Highwatch Rehabilitation Center in New Hampshire for specialized rehabilitation for his brain injury. He remained there until January of 1990 when he returned to the family home.
64. From May 6, 1990 through approximately August 17, 1990, Timothy was admitted to Norwich Hospital, again due to a family crisis precipitated by behaviors they could not manage without assistance. Prior to his discharge on or about August 17, 1990, the parents were assured during a team meeting by the Norwich Hospital staff that they would assist the family if behavioral crises were to develop after Timothy's return home.
65. From August 17, 1990 through November 11, 1990, Timothy lived at home. His behaviors began to escalate, however, in the absence of the behavior supports the defendants had promised. The
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family, in turn, rapidly approached the point of total breakdown. By November 12, 1990 the stress on the family had become so great that they had no alternative but to place Timothy in the William W. Backus Hospital emergency room once again.
66. On this occasion William W. Backus Hospital refused to admit Timothy and refused to treat or transfer him to an appropriately supported community residential setting because he suffered from brain injury. The defendant Mullaney, in turn, refused to provide the necessary support services that would enable the plaintiff to receive the treatment he needs or make available a properly supported community residential setting for him.
67. On November 28, 1990, by order of this court, Timothy Kane was admitted to Norwich Hospital over the defendants' objection that such placement was inappropriate because Norwich Hospital could not meet his individual needs. IV. CLASS ACTION;
68. Plaintiffs Ronald Rotman, Ramona Medina and Diane Chapman bring this action on their own behalf, and on behalf of a subclass consisting of all other persons with retardation who are now or may in the future be placed in Norwich Hospital or Fairfield Hills
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Hospital. Plaintiffs seek for themselves and members of the class declaratory and injunctive relief to require the defendants to !create community living arrangements and support services necessary to prevent the unnecessary use of restraint, to prevent the loss of skills to ensure their safety and prevent their future confinement in facilities which cannot meet their individual needs.
69. Plaintiffs Burton Hawley, David Smith, Joseph Green and Robert Scully, *Jr. bring this action on their own behalf, and on behalf of a subclass consisting of all other persons with brain injury who are now or may in the future be placed in Norwich Hospital, Connecticut Valley Hospital or Fairfield Hills Hospital. Plaintiffs seek for themselves and members of the class declaratory and injunctive relief to require the defendants to create community living arrangements and support services necessary to prevent the unnecessary use of restraint, to prevent the loss of skills to ensure their safety and prevent their future confinement in facilities which cannot meet their individual needs.
70. This is a proper class action under Rules 23(a) and 23 (b) (2) of the Federal Rules of Civil Procedure. Each subclass is so numerous as to make the joiner of all members impracticable.
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There are substantial questions of law and fact common to both

subclasses, and the claims of the plaintiffs are typical of the

subclasses and predominate over any questions affecring only

individual needs. The named plaintiffs will adequately and fairly

!represent the interests of the subclasses. A class action is

superior to any other available method for the fair and efficient

adjudication of the controversy.

V. DEFENDANTS-:

71. Defendant, Albert Solnit, M.D. is the Commissioner of the

Connecticut Department of Mental Health.

As such, he is

responsible for:

a) the planning and development of a complete, comprehensive

and integrated statewide program for persons residing at Fairfield

Hills Hospital, Connecticut Valley Hospital, Norwich Hospital, for

other persons admitted to public health facilities and for the

implementation of said program;

b) the coordination of the efforts of the Department of

jMental Health with other state departments and agencies, municipal

governments, and private agencies concerned with and providing

services for persons residing at Fairfield Hills Hospital,

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Connecticut Valley Hospital and Norwich Hospital; c) the administration and operation of the institutions for
the mentally ill and regional programs; d) the establishment of standards and policies for the care
and treatment of persons living at Fairfield Hills Hospital, Connecticut Valley Hospital and Norwich Hospital, which are consistent with state and federal law.
72. Defendant, Peter. O'Meara, is the Commissioner of the Department of~Mental Retardation. The Commissioner is responsible for:
a) the planning and development of a complete, comprehensive and integrated statewide program for persons with retardation;
b) the implementation of said program; c) the coordination of efforts of the Department of Mental Retardation with other state departments and agencies,' municipal governments, and private agencies concerned with and providing services for persons with retardation; d) the administration and operation of the state training schools, regional centers, and all state operated community and residential facilities established for diagnosis, care and training
23

of persons with retardation; e) the development of criteria as to the eligibility of any
person with retardation for residential care in any public or state supported private institution;
f) after considering the recommendation of a properly designated diagnostic agency, she may assign a person with retardation to a public or state supported private institution. She may transfer such persons from one institution to another when necessary or "desirable for their welfare.
73. Defendant, Louis Lippner, .is the Superintendent of Fairfield Hills Hospital. Defendant, Garrell S. Mullaney, is the Superintendent of Norwich Hospital. Defendant, Judith Normandin is the Superintendent of Connecticut Valley Hospital. They are responsible for:
a) the operation and administration of Fairfield Hills Hospital, Connecticut Valley Hospital and Norwich Hospital, and for the custody and control of all persons admitted to these hospitals;
b) authorizing transfers into and out of these hospitals; c) placing any classmember committed or admitted to these hospitals in a private boarding home, or group home or other
24

residential facility. The superintendent remains responsible for exercising control over the person after the transfer and for exercising power to return such person to the hospital.
74. Defendant, Honorable Linda Salafia, is the Judge of the Norwich Probate Court. Her duties as probate judge, require her to consider involuntary commitment of retarded and brain injured people to Norwich Hospital pursuant to Connecticut General Statutes § 17-178(c) even though Norwich Hospital cannot meet their needs. Although the "statute requires her to consider less restrictive alternatives for classmembers, such alternatives are rarely, if ever, available, and she lacks the power under the statute to order the development of alternatives necessary to safeguard classmembers1 constitutional rights. As a result, she has been forced to commit brain injured and retarded people to Norwich Hospital simply because there is no other placement for them.
75. Defendant, Honorable Margo S. Hall, is the Judge of the Newtown Probate Court. Her duties as probate judge require her to involuntarily commit retarded and brain injured people to Fairfield Hills Hospital pursuant to Connecticut General Statutes § 17-178(c) even though Fairfield Hills Hospital cannot meet their needs.
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Although the statute requires her to consider less restrictive alternatives for classmembers, such alternatives are rarely, if ever, available, and she lacks the power under the statute to order the development of alternatives necessary to safeguard classmembers1 constitutional rights. As a result, she has been forced to commit brain injured and retarded people to Fairfield Hills Hospital simply because there is no other placement for them.
76. Persons with retardation and brain injury are consigned to Fairfield Hills, Connecticut Valley Hospital and Norwich Hospitals and are at risk of placement,in these facilities because the defendants have failed to develop alternative services for them in the community.
77. Retarded persons and brain injured persons remain at these facilities for the same reasons. Although the care is unconstitutionally deficient and dangerous at Fairfield Hills, Connecticut Valley and Norwich Hospitals, they are forced to rely on these facilities for continuity of care.
73. Plaintiffs spend most of their time behind locked doors in large groups in multi-function rooms, which allow no separation of activities such as would be found in private group homes or
26

normal work or recreation places. Plaintiffs are not given the opportunity to experience a variety of environments during the day, as are community members.
79. Living and activity space available to classmembers is inadequate in design, insufficient in area, inappropriate in setting and dehumanizing in condition.
80. Staff-resident ratios and staff training are inadequate to provide care or protect, classmembers from harm, let alone to evoke development and habilitation or to protect plaintiffs from harm.
81. Clean clothing is frequently not available due in part to grossly inadequate and inefficient laundry facilities and services. Moreover, plaintiffs personal clothing is routinely lost, and plaintiffs are frequently required to wear improperly fitting clothes and underclothes, and sometimes even go entirely without necessary items of clothing. Plaintiffs are deprived of the personal development, comfort and satisfaction that accompany the right to choose among a selection of appropriate, clean, seasonable, and attractive personal clothing and to present an appearance similar to other citizens.
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82. Plaintiffs are not provided with the services, stimulation, and attention necessary to prevent deterioration of and injury to their physical condition, psychological well-being and personal development.
83. Defendants have failed to recruit, employ and train direct care and professional personnel in sufficient numbers, and have failed to place personnel in an environment where it is possible to stimulate and assist in the daily life activities to the plaintiffs.
84. Individual habilitation programs for each classmember living at Fairfield Hills, Connecticut Valley and Norwich Hospitals are not provided.
85. Defendants have failed to provide necessary services, including medical and dental services, nursing care, psychological services, behavior modification, physical and occupational therapy, speech pathology and audiology services, recreation, vocational and rehabilitative training.
86. Parents of classmembers are routinely denied access to their disabled family member's file and the disabled person's living space. Such access is necessary to improve the care and
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treatment each classmember receives. 87. Defendants have failed to prepare classmembers for or
assist them in securing gainful employment. 88. Defendants have failed to provide each classmember an
individualized exit plan for placement in a less restrictive integrated community setting.
89. Plaintiffs spend most of their time in day rooms adjoining their communal sleeping quarters without planned activity, often wandering aimlessly or sitting or lying alone, and often without adequate clothing.
90. Physical and pharmaceutical restraint procedures are frequently used for convenient control of classmembers and as a substitute for appropriate care and programs of habilitation.
91. All plaintiffs and members of their class are human beings who have feelings, needs and motivations like other people. They have, to varying degrees, the potential for growth development, and achievement of self-care and self-support. For none of them is placement in a.psychiatric institution necessary for their habilitation, treatment or care.
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92. The defendants and their professional teams agree that persons with retardation or brain injury should not be placed at a hospital for the mentally ill unless they require treatment for acute mental illness which cannot be provided in less restrictive settings, and present a danger to the disabled person himself or a third person.
93. The defendants and their professional teams also agree that retarded persons who presently live at Norwich Hospital and Fairfield Hills Hospital and persons with brain injuries who live at Norwich, Connecticut Valley and Fairfield Hills Hospitals should be moved into appropriate community settings at the earliest practicable date.
94. The defendants and their professional teams also agree that the habilitation, treatment and therapies retarded and brain injured people need to sustain their present level of functioning and prevent impermissible restrictions on their liberty are unavailable in DMH facilities.
95. The professional judgments of the state teams with respect to community placement are not implemented for brain injured persons and persons with retardation who are not eligible
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by statute for DMR services because DMR and DMH claim persons with those disabilities are not eligible for community services.
96. Some class members are not recommended for community services because treating professionals base their judgments on what community services are available rather than what is appropriate.
97. A number of classmembers with brain injuries have recently been transferred out of state psychiatric hospitals to limit the scope of defendants' potential obligation under this lawsuit.
98. Many of these "discharged" classmembers have been placed in settings in which they receive inadequate supervision, and inadequate treatment of behaviors which are sequellae of their brain injuries. These classmembers are placed at risk of harm and/ or returning to psychiatric hospitals by reason of the DMH defendants' failure to address needs associated with their brain injuries in the community placement process.
99. In addition, some classmembers have been transferred to "transitional" facilities without planning focusing on community placement following treatment. As a result, some classmembers have
31

remained in such facilities for an undetermined period awaiting the community placement recommended by their professional teams.
100. Emergency room psychiatrists continue to make emergency commitments of retarded and brain injured persons to Norwich, Connecticut Valley and Fairfield Hills Hospitals and the defendants continue to admit these persons even though they know or should know that the disabled person's needs are ill served by such admissions.
101. Many classmembers are retained in public psychiatric facilities on a "voluntary" status even though the defendants know or should know that retarded and brain injured persons are not capable of making informed choices about placement in such facilities, especially in light of the fact that no alternatives are presented.
102. Probate Courts, particularly those in Newtown, Middletown and Norwich continue to involuntarily commit retarded and brain injured persons to Norwich, Connecticut Valley and Fairfield Hills Hospitals pursuant to Connecticut General Statutes Section 17178(c), knowing full well that these facilities can't meet the patients' basic needs. These involuntary commitments amount to a
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lifetime consignment to a hospital for the mentally ill. 103. Monetary damages and other remedies at law are
inadequate. Plaintiffs and members of the plaintiff class have been and will continue to be irreparably harmed by the defendants' conduct described above. VI. CLAIMS:
COUNT I 104. The- defendants'. failure to follow and implement the recommendatioHs of their own treatment teams relating to the need to remove class members from public .psychiatric facilities and place them in small community based settings has deprived class members of their rights secured by the Equal Protection and Due Process Clauses of the Fourteenth Amendment to the United States Constitution.
COUNT II 105. The defendants' failure to recommend the placement of some classmembers into community residential settings because of the unavailability of proper community services for those individuals violates the Due Process Clause of the Fourteenth Amendment to the United States Constitution.
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COUNT III

106. The defendants' failure to recommend community

placement and to place persons with brain injury or retardation not

served by DMR into community settings violates 29 U.S.C. § 794.

COUNT IV

107. The defendants' failure to recommend community

placement and develop such placements for persons with retardation

or brain injury-violates 42. U.S.C. § 12131 et seq.

~~

COUNT V

108. The acts and omissions of the defendants deny the

plaintiffs, and members of the plaintiff class, their rights to

freedom from harm, freedom from restraint, adequate shelter,

clothing, medical care and the training necessary to preserve

skills and secure the other substantive rights protected by the Due

Process Clause of the Fourteenth Amendment to the United States

Constitution.

COUNT VI

109. The transfer of classmembers to facilities which cannot

meet their individual needs relating to brain injury to avoid the

obligations imposed by the Constitution and federal laws violates

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the Due Process Clause, 29 U.S.C. § 794 and the Americans with Disabilities Act, 42 U.S.C. § 12131
COUNT VII 110. The acts and omissions of the defendants have deprived plaintiffs of their rights to meaningful notice and a hearing 1) before they are "voluntarily" consigned to state psychiatric facilities even though they are incapable of making informed choices, 2) before behavior modifying medication and restraint are used to control them and 3) before they are administratively transferred to state psychiatric facilities in violation of the Due Process Clause of the Fourteenth Amendment to the United States Constitution.
COUNT VIII 111. The defendants' use of the commitment procedures contained in Section 17-178 of the Connecticut General Statutes to involuntarily and indefinitely confine brain injured and retarded persons to psychiatric facilities which cannot meet their treatment needs violates plaintiffs' rights secured by the Due Process and Equal Protection Clauses of the Fourteenth Amendment to the United States Constitution, 29 U.S.C. § 794 and 42 U.S.C. § 12131.
35

112. Connecticut General Statutes Section 17-178 is

unconstitutional on its face in that it is inconsistent with the

Due Process Clause of the Fourteenth Amendment to the United States

Constitution to the extent it authorizes the indefinite involuntary

commitment of non-dangerous retarded and brain injured persons to

psychiatric facilities without regard to the habilitative and

rehabilitative needs of such persons.

113.

: COUNT IX Connecticut General Statutes Section 17-206d violates

the Due Process Clause of the Fourteenth Amendment to the United

States Constitution to the extent it authorizes and is interpreted

as permitting the administration of psychotropic medication and

restraint without informed consent.

VII. RELIEF;

WHEREFORE, the plaintiffs respectfully request that this

Court:

1. Permanently enjoin defendants to provide each plaintiff

and each classmember, including, but not limited to, classmembers

at FHH, NH and CVH as well as classmembers who have been

"discharged" from these state hospitals, with a placement in a

36

small (six disabled residents or fewer) community setting with appropriate support services and/or such other treatment as is necessary to protect him/her from harm, prevent the unnecessary use of restraint, and provide adequate clothing, shelter, medical care and training to restore the classmembers1 preexisting skills and prevent further regression.
2. Permanently enjoin the defendants from admitting retarded or brain injured persons to public psychiatric hospitals unless such admission is necessary to address the needs of classmembers who are dangerous by reason of acute mental illness.
3. Permanently enjoin the defendants to place class members with brain injuries or retardation (but not served by DMR) with the same priority as persons who are statutorily eligible for services from DMR and DMH.
4. Permanently enjoin the defendants to make professional judgments about the placement of classmembers out of psychiatric facilities based on individual need rather than on availability of resources.
5. Enter a preliminary injunction requiring the defendants to develop and submit for court approval appropriate short and long
37

term treatment and placement plans for the plaintiff Timothy Kane. 6. Declare Connecticut General Statutes Section 17-178
unconstitutional on its face to the extent it authorizes the indefinite involuntary commitment of persons with retardation or brain injury to public mental health facilities without regard to their habilitative and rehabilitative needs.
7. Declare Connecticut General Statutes Section 17-178 unconstitutional as applied to the extent probate courts and defendants have interpreted it as permitting the indefinite involuntary commitment of persons with.retardation or brain injury to public mental health facilities without regard to their habilitative and rehabilitative needs.
8. Declare Connecticut General Statutes Section 17-206d unconstitutional to the extent it authorizes the administration of psychotropic medication and restraint without informed "consent.
9. Enjoin the defendants from involuntarily committing classmembers to Norwich, Connecticut Valley and Fairfield Hills Hospitals unless those classmembers are dangerous by reason of acute mental illness and that the facility has the capacity to respond to the classmembers1 habilitative and rehabilitative needs.
38

10. Permanently enjoin the defendants from admitting retarded or brain injured persons to public psychiatric facilities on a voluntary basis or using mechanical restraint, placement in locked facilities, or behavior modifying medications to control them without prior notice or an opportunity to be heard.
11. Permanently enjoin state defendants to make available in advance of any transfers the necessary alternative community residential programs and services necessary to preserve and protect plaintiffs' constitutional rights.
12. Permanently enjoin the state defendants to develop written individualized habilitation and exit plans for each classmember and to provide habilitation for each.
13. Certify the plaintiff class as defined in Section IV of this Complaint.
14. Award plaintiffs costs and attorneys' fees. 15. Award plaintiffs and members of the plaintiff class such other relief as is necessary to establish their rights secured by
39

the Fourteenth Amendment.

Respectfully submitted, Plaintiff Class,

By
Cathy Cushman Office of Protection & Advocacy 60 B Weston Street Hartford, Ct. 06120-1551 (203) 297-4330

David C. Shaw, Esq. 410 Asylum Street, Suite 610 Hartford, Ct. 06103 (203) 525-3511 Fed. No. ctO5239

40

 </s> r~ P. k'JS L O l - ' " UNITED, STATES DISTRICT DISTRICT OF CONNECTICUT

District Com! Connecticut AT \ R E W HAVEN
Depot? Clexk

CONNECTICUT TRAUMATIC BRAIN INJURY ASSOCIATION, ET AL.
Plaintiffs
V.
MICHAEL HOGAN, COMMISSIONER OF MENTAL HEALTH, ET AL.
Defendants

CIVIL NO. H-90-97 (PCD)
JULY ZS, 1995

STIPULATION AND ORDER
The parties to the above-captioned case, desiring to resolve without further trial this action as to those class members with mental retardation hereby stipulate, agree and submit for court approval this Stipulation and Order. A status report concerning class members with mental retardation as of this date is attached hereto as Exhibit "A".
1. The DMR defendants, with the assistance and cooperation from the DMH defendants, will place all class members with retardation in community settings by June 30, 1996 for at least one-half of such class members and by June 30, 1997 for the

Conn. Traumatic Brain Injury Assoc. v. Hogan

V W

HH

HH

W

w

V

MR-CT-002-003

remainder. The parties recognize that Norwich Hospital and/or

Fairfield Hills Hospital may close before community placements

for all class members can be made in accordance with the schedule

contained in paragraph 1 of this agreement. In order to prevent

the transfer of class members with retardation to other state

psychiatric hospitals, such as CVH, the parties agree that one

interim short term placement until no later than June 30, 1997 of

class members who cannot be placed before the dates set out in

paragraph 1 will be permitted. Such interim placements shall not

be made to Southbury Training School, or to facilities with a

total capacity that exceeds one hundred persons with

disabilities. Interim placements shall also be limited to DMR

licensed or operated facilities which meet the program standards

of the C.A.R.C v. Thome Consent Decree. All class members shall ;

be placed in community setting by no later than June 30, 1997. !
i

\

Discharged class members shall not be re-admitted to or committed :

to State Psychiatric Hospitals.

2. The defendant shall implement the following requirements

in accordance with an approved Implementation Plan:

j

i

i
a. The community placement by DMR of all identified class

members by the dates set forth in paragraph 1;

i

-2-

The development and provision by DMR, directly or under ;

contract with private agencies, of placements,

programs, services, protections and quality assurance

for all class members in accordance with the standards,

policies and procedures developed through the CARC v. !

T h o m e . Civ. No. H-78-653, litigation;

;

i

The provision through DMR of adequate independent

;

advocacy services during placement and program

planning, transition and community placement;

Establishment of policies and procedures to assure

prompt assessment of new admissions to Norwich and

Fairfield Hills Hospitals, re-admission of class

members previously placed in the community to such

!

hospitals, and implementation of the community

'

placement and program standards of CARC v. T h o m e by

DMR as expeditiously as possible for each class member

identified in this manner;

e. Establish policies, procedures and strategies to avoid \ inappropriate admission of class members with mental retardation to the Fairfield Hills and Norwich hospitals;

-3-

Guarantee return to DMR placement for any class member

admitted to the Fairfield Hills or Norwich Hospitals i

from a DMR placement;

\

i Establish DMR dispute resolution procedures including j

i

the opportunity for a hearing before an independent

|

!

hearing officer of disputed DMR decisions relating to j

i

<J discharge, community placement, and eligibility for DMR

services.

3. The defendants shall, by September 15, 1995, submit to

the District Court for approval a plan to implement the

requirements of this Stipulation and Order. The plan shall

include, but not be limited to identification of all class

members and a status report on the program and placement plans

for each class member. The plaintiffs, within ten (10) days

thereafter may submit written objections to the plan and be heard

on their objections.

4. This Stipulation and Order represents a compromise resolution of that part of this case pertaining to class members with mental retardation and does not constitute an admission of liability or of violation of constitutional or statutory rights on the part of the defendants, the State of Connecticut, nor any officer, employee, or agent thereof. As to the DMH defendants,

-4-

the portion of this case relating to class members with mental retardation shall be dismissed at such time as the Fairfield Hills Hospital and Norwich Hospital are closed. The court shall retain continuing jurisdiction over this Stipulation and Order until such time as the case is dismissed.

5. The parties expressly reserve the issues of attorneys' fees oar' costs for resolution or other proceedings.

AGREED TO BY THE UNDERSIGNED: PLAINTIFFS

DEFENDANTS
RICHARD BLUMENTHAL ATTORNEY GENERAL

David C. Shaw, Esq. Their Attorney 410 Asylum Street Suite 610 Hartford, CT 06103

By: Henryl Salton Assistant Attorney General 55 Elm Street Hartford, CT 06106

PUIL
By: James/'P. Welsh - ct05240 Assistant Attorney General 110 Sherman Street Hartford, CT 06105

-5-

LINDA SALAFIA and MARGOT S. HALL

By: Henry Cohn, Esq. Assistant Attorney General 55 Elm Street Hartford, CT 06101

The foregoing Stipulation and Order, having been submitted

by the parties to the Court for approval, IT IS HEREBY SO ORDERED

this H*>/ day of r2*4u*f~

, 1995.

JPW2187AC

The Honorable Peter C.^t>orsey Chief Judge District of Connecticut

-6-

 </s> Connecticut Traumatic Brain Injury Ass’n v. Hogan, 161 F.R.D. 8 (1995)

161 F.R.D. 8 United States District Court,
D. Connecticut.
CONNECTICUT TRAUMATIC BRAIN INJURY ASSOCIATION, et al. v. Michael HOGAN, et al.
Civ. No. 2:90CV97 (PCD). | April 4, 1995.
Attorneys and Law Firms
*9 Betty J. Taylor, Granby, CT, David C. Shaw, Catherine E. Cushman, State of Conn., Office of Protection & Advocacy for Persons with Disabilities, Irene P. Romanelli, Hartford, CT, for plaintiffs Connecticut Traumatic Brain Injury Ass’n, Inc., Connecticut Ass’n for Retarded Citizens, Inc., Burton Hawley, Jr. by Father and Conservator Burton Hawley, David Smith by Mother and Conservator Delores Smith, Ramona Medina by Sister and Next Friend, Marilyn Medina, Diane Chapman by Mother and Next Friend, Mary Chapman, Joseph Green by Mother and Next Friend, Sara Green, Robert Scully, Jr. by Father and Next Friend Robert Scully.
Jane D. Comerford, Paul J. Lahey, Atty. Gen. Office, Health & Human Services, Hartford, CT, for defendant Dept. of Mental Health, Michael F. Hogan, Comm., Dennis Angelini, M.D., Superintendent, Fairfield Hills Hosp.
Martin Rosenfeld, Atty. Gen. Office, Public Safety & Special Revenue, James P. Welsh, Atty. Gen. Office, Education/Dmr. Dept., Hartford, CT, for defendant Dept. of Mental Retardation, Toni Richardson, Comm.
Jennifer C. Jaff, Atty. Gen. Office, Jane D. Comerford, Paul J. Lahey, Atty. Gen. Office, Health & Human Services, Hartford, CT, for defendants Garrell S. Mullaney, Superintendent, Norwich Hosp. and Albert J. Solnit, Dr., Com’r, Conn. Dept. of Mental Health.
Henry S. Cohn, Atty. Gen. Office, Sp. Litigation, Hartford, CT, Betty J. Taylor, Granby, CT, David C. Shaw, Catherine E. Cushman, State of Conn., Office of Protection & Advocacy for Persons with Disabilities, Irene P. Romanelli, Hartford, CT, for defendant Linda Salafia, Honorable Judge, Norwich Probate Court.
Henry S. Cohn, Atty. Gen. Office, Sp. Litigation, Hartford, CT, for defendant Hon. Merlin Fisk, Judge, Newtown Probate Court.
Jennifer C. Jaff, Atty. Gen. Office, Hartford, CT, for

defendants Lewis Lippner, Superintendent, Fairfield Hills Hosp., Judith Normandin.
Allyn L. Brown, Jr., Brown, Jacobson, Tillinghast, Lahan & King, Norwich, CT, for defendant William W. Backus Hosp.
Henry A. Salton, Atty. Gen. Office, Health & Human Services, Hartford, CT, for all defendants.
Opinion
RULING ON PENDING MOTIONS
DORSEY, Chief Judge.
Defendants move for reconsideration of the ruling on plaintiffs’ motion in limine dated January 14, 1994, to exclude the testimony of the plaintiffs’ expert witnesses, and to alter or amend the class certification to exclude from the class persons who were voluntarily placed in state mental hospitals.
Background In this action, plaintiffs seek to enjoin defendants’ practice of placing and retaining non-dangerous persons with mental retardation or traumatic brain injury in state hospitals for the mentally ill. They claim that the treatment and care they require are not available at these state facilities, and consequently they are placed unnecessarily in mechanical restraints, they do not receive sufficient training to arrest the regression of basic selfcare skills, they do not receive adequate clothing and medical care, and they are denied a safe environment.
On July 6, 1990, plaintiffs’ motion for class certification of all persons with traumatic brain injury and mental retardation who reside or may reside in the future at Norwich Hospital (Norwich) and Fairfield Hills Hospital (Fairfield) was granted. In October, 1992, the class was expanded to include those persons with traumatic brain injury and mental retardation who reside or may reside in the future at Connecticut Valley Hospital (CVH).
*10 Discussion
a. Motion to alter or amend class certification [1] Defendants move to alter the class certification to exclude persons who were voluntarily placed in state mental hospitals. The class now encompasses all traumatically brain injured and mentally retarded persons
1

Connecticut Traumatic Brain Injury Ass’n v. Hogan, 161 F.R.D. 8 (1995)

who reside or may in the future reside at Norwich, Fairfield or CVH, with no distinction between those “involuntarily” and “voluntarily” placed in those institutions.
Defendants argue that as a matter of law, those class members who were voluntarily placed in state facilities have no protected right to a certain level of treatment, relying on DeShaney v. Winnebago County Dept. of Social Services, 489 U.S. 189, 109 S.Ct. 998, 103 L.Ed.2d 249 (1989). They contend that DeShaney recognized the limits of the duty of the government to provide a certain level of care only “when the State takes a person into its custody and holds him there against his will,” Id. at 199– 200, 109 S.Ct. at 1005, meaning that if the state did not place the individuals in the institution in the first place, their rights to a certain level of treatment are not protected. Defendants allege that DeShaney overruled any case law in the second circuit that accorded voluntarily and involuntarily placed individuals equal substantive due process rights.
Plaintiffs argue that the “voluntarily” committed class members are not voluntary in the true sense of the word, and therefore any attempt to distinguish them from the involuntarily committed population is useless. They also contend that there is much legal authority in the second circuit that recognizes that voluntarily placed individuals in state hospitals have constitutional rights equal to those of involuntarily placed patients.
The Due Process Clause of the Fourteenth Amendment provides that “[n]o State shall ... deprive any person of life, liberty, or property, without due process of law.” Plaintiffs’ claim implicates the substantive due process clause of the fourteenth amendment. This clause has been held to guarantee certain basic rights for patients institutionalized in state facilities. See Youngberg v. Romeo, 457 U.S. 307, 102 S.Ct. 2452, 73 L.Ed.2d 28 (1982). Defendants would extend these rights only to those placed involuntarily in a state institution.
The issue is not whether individuals placed in state institutions are within the custody of the State, but once there, with the state in complete control of the environment, whether “voluntarily” placed patients are constitutionally entitled to a level of basic rights. DeShaney decided that the State is not responsible for actions of private actors against individuals unless it had imposed restraints on the individuals’ liberty. As DeShaney recognized, the harms that occurred to the petitioner in that case “occurred not while he was in the State’s custody, but while he was in the custody of his natural father, who was in no sense a state actor.” Id. at 201, 109 S.Ct. at 1006.
DeShaney does not address a situation, as here, in which the State has agreed to provide care for completely

dependent individuals. Once the State has accepted this responsibility, and the individual is physically in state custody, it has also agreed to provide an environment that is consistent with and does not transgress the individuals’ basic rights. As articulated in Youngberg, “[w]hen a person is institutionalized—and wholly dependent on the State— ... a duty to provide certain services and care does exist....” Id. 457 U.S. at 317, 102 S.Ct. at 2459. See also Society for Good Will to Retarded Children v. Cuomo, 737 F.2d 1239, 1243 (2d Cir.1984). The mechanism which brought the individuals to the various facilities, whether considered “voluntary” or “involuntary,” is not controlling; “in either case they are entitled to safe conditions and freedom from undue restraint.” Society for Good Will, 737 F.2d at 1245. It is thus inappropriate to alter the class certification to eliminate those individuals “voluntarily” placed in state institutions. The motion to alter or amend class certification (doc. # 151) is denied.
b. Motion for Reconsideration Defendants move the court to reconsider its ruling on plaintiffs’ motion in limine. The ruling effectively precluded the introduction *11 of 48 expert witnesses at trial. Defendants raise many of the same arguments already considered by the court; they will not be reconsidered now. Defendants suggest as an alternative to total preclusion of their witnesses, that a limited number of witnesses be allowed to be named. Plaintiffs allow that they are not opposed to a limited number of witnesses. Accordingly, defendants may call as expert witnesses the seven CVH physicians named in the Trial Preparation Order.
c. Motion in Limine [2] Defendants move the court to preclude plaintiffs’ witnesses disclosed after the May 1, 1991 disclosure deadline. They allege that because there was a ruling precluding their witnesses disclosed beyond the date for disclosure of witnesses, the court must now also preclude any of plaintiffs’ witnesses disclosed beyond this time. It is noted that many of the witnesses of which defendants complain were disclosed soon after the disclosure date, not years later. The few witnesses named thereafter would not constitute a significant burden on defendants to depose; there has been ample opportunity to do so over the past few years. The motion is denied.
Conclusion The motion to alter or amend class certification (doc. # 151) is denied. The motion for reconsideration (doc. # 162) is granted in part and denied in part. The motion in limine (doc. # 160) is denied. All depositions and
2

Connecticut Traumatic Brain Injury Ass’n v. Hogan, 161 F.R.D. 8 (1995)

refresher tours are to be completed on or before July 1, 1995. After that date, the parties will be able to be called for trial with twenty-four hour notice.

SO ORDERED.
	
  

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.,/

 </s> SDSD District Version 1.3 - Docket Report

Page 1 of 78

U.S. District Court District of Connecticut (Hartford) CIVIL DOCKET FOR CASE #: 2:90-cv-00097-PCD

CLOSED, TPS

Connecticut Traumati, et al v. Mental Health, et al Assigned to: Judge Peter C. Dorsey Demand: $0 Cause: No cause code entered

Date Filed: 02/08/1990 Jury Demand: None Nature of Suit: 440 Civil Rights: Other Jurisdiction: Federal Question

Plaintiff
Connecticut Traumatic Brain Injury Assoc., Inc.

represented by Aileen M. Bell State Of Connecticut Office Of Prot. & Adv. For Handicapped 60B Weston St. Hartford, CT 06120 800-842-7303 TERMINATED: 07/06/1998 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Bet J. Gailor Connecticut Legal Services 872 Main St., Po Box 258 Willimantic, CT 06226 860-456-1761 x111 Fax: 860-456-7420 Email: bgailor@connlegalservices.org TERMINATED: 10/01/1999 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Catherine E. Cushman 23 Elizabeth Rd. Bolton, CT 06043 860-647-0909 TERMINATED: 08/01/2001 LEAD ATTORNEY ATTORNEY TO BE NOTICED

David C. Shaw Law Offices of David C. Shaw 34 Jerome Ave., Suite 210 Bloomfield, CT 06002 860-242-1238 Fax: 860-242-1507 Email: dcshaw@cttel.net

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Plaintiff Connecticut Assoc. For Retarded Citizens, Inc.
Plaintiff Burton Hawley, Jr. By father & conservator Burton Hawley

LEAD ATTORNEY ATTORNEY TO BE NOTICED
Gwendolyn K. McDonald State Of Connecticut Office Of Prot. & Adv. For Handicapped 60B Weston St. Hartford, CT 06120 800-842-7303 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Irene P. Romanelli 255 Main St. Third Floor Hartford, CT 06106 560-0611 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Bet J. Gailor (See above for address) TERMINATED: 10/01/1999 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Catherine E. Cushman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
David C. Shaw (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Irene P. Romanelli (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Bet J. Gailor (See above for address) TERMINATED: 10/01/1999 LEAD ATTORNEY ATTORNEY TO BE NOTICED

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Plaintiff Ronald Rotman By brother & next friend Douglas Rotman Plaintiff David Smith By Mother & conservator Delores Smith
Plaintiff Ramona Medina By sister & next friend, Marily Medina

Catherine E. Cushman (See above for address) TERMINATED: 08/01/2001 LEAD ATTORNEY ATTORNEY TO BE NOTICED
David C. Shaw (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Irene P. Romanelli (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Bet J. Gailor (See above for address) TERMINATED: 10/01/1999 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Catherine E. Cushman (See above for address) TERMINATED: 08/01/2001 LEAD ATTORNEY ATTORNEY TO BE NOTICED
David C. Shaw (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Irene P. Romanelli (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Bet J. Gailor (See above for address) TERMINATED: 10/01/1999 LEAD ATTORNEY ATTORNEY TO BE NOTICED

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Plaintiff Diane Chapman by Mother & Next Friend, Mary Chapman
Plaintiff Joseph Green By mother and next friend, Sara Green

Catherine E. Cushman (See above for address) TERMINATED: 08/01/2001 LEAD ATTORNEY ATTORNEY TO BE NOTICED
David C. Shaw (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Irene P. Romanelli (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Bet J. Gailor (See above for address) TERMINATED: 10/01/1999 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Catherine E. Cushman (See above for address) TERMINATED: 08/01/2001 LEAD ATTORNEY ATTORNEY TO BE NOTICED
David C. Shaw (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Irene P. Romanelli (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Bet J. Gailor (See above for address) TERMINATED: 10/01/1999 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Catherine E. Cushman (See above for address) LEAD ATTORNEY

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Plaintiff Robert Scully, Jr. By father & next friend Robert Scully
Plaintiff all plaintiffs

ATTORNEY TO BE NOTICED
David C. Shaw (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Irene P. Romanelli (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Bet J. Gailor (See above for address) TERMINATED: 10/01/1999 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Catherine E. Cushman (See above for address) TERMINATED: 08/01/2001 LEAD ATTORNEY ATTORNEY TO BE NOTICED
David C. Shaw (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Irene P. Romanelli (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Andrew Alan Feinstein Law Offices of David C. Shaw 34 Jerome Ave. Suite 210 Bloomfield, CT 06002 860-242-1238 Fax: 860-242-1507 Email: feinsteinandrew@sbcglobal.net LEAD ATTORNEY ATTORNEY TO BE NOTICED
Elam Lantz, Jr. State Of Connecticut Office Of Prot. & Adv. For

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V.
Defendant
Mental Health, Dept Of, Hogan, Michael F., Comm.

Handicapped 60B Weston St. Hartford, CT 06120 800-842-7303 TERMINATED: 08/16/1999 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Gareth D. Bye State Of Connecticut Office Of Prot. & Adv. For Handicapped 60B Weston St. Hartford, CT 06120 800-842-7303 TERMINATED: 01/02/2001 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Nancy B. Alisberg State Of Connecticut Office Of Prot. & Adv. For Handicapped 60B Weston St. Hartford, CT 06120 800-842-7303 Fax: 860-566-8714 Email: nancy.alisberg@po.state.ct.us LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Jane D. Comerford Attorney General's Office University of Connecticut Health Center 263 Farmington Ave. Farmington, CT 06030-3803 860-679-1114 Email: comerford@adp.uchc.edu LEAD ATTORNEY ATTORNEY TO BE NOTICED
Paul J. Lahey Attorney General's Office Health & Human Services 55 Elm St., Po Box 120 Hartford, CT 06101

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Defendant Mental Retardation, Dept. Of, Richardson, Toni, Comm.
Defendant Dennis Angelini M.D. Superintendent, Fairfield Hills Hosp TERMINATED: 01/28/1991

860-808-5318 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Thomas B. York Dilworth Paxson 112 Market Street 8th Floor Harrisburg, PA 17101 717-236-4812 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by James P. Welsh Director-Legal & Govt Affairs Dept. of Mental Retardation 460 Capitol Ave. Hartford, CT 06106 860-418-6085 Fax: 860-418-6009 Email: james.welsh@po.state.ct.us LEAD ATTORNEY ATTORNEY TO BE NOTICED
Martin Rosenfeld Attorney General's Office Public Safety & Special Revenue MacKenzie Hall, 110 Sherman St. Hartford, CT 06105 860-808-5450 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Henry A. Salton Attorney General's Office Health & Human Services 55 Elm St., Po Box 120 Hartford, CT 06101 860-808-5318 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jane D. Comerford (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Paul J. Lahey

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Defendant
Garrell S. Mullaney Superintendent, Norwich Hospital

(See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Henry A. Salton (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jane D. Comerford (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jennifer C. Jaff Killian, Donohue & Jaff 363 Main St. Hartford, CT 06106 (860) 560-1977 TERMINATED: 01/23/2001 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Marianne Horn Attorney General's Office Health & Human Services 55 Elm St., Po Box 120 Hartford, CT 06101 860-808-5318 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Paul J. Lahey (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Peter L. Brown Attorney General's Office 55 Elm St., PO Box 120 Hartford, CT 06101-0120 860-808-5210 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Richard J. Lynch Attorney General's Office Health & Human Services 55 Elm St., Po Box 120

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Defendant
Linda Salafia Honorable Judge, Norwich Probate Court

Hartford, CT 06101 860-808-5210 Fax: 860-808-5385 Email: richard.lynch@po.state.ct.us LEAD ATTORNEY ATTORNEY TO BE NOTICED
Thomas B. York (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Bet J. Gailor (See above for address) TERMINATED: 10/01/1999 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Catherine E. Cushman (See above for address) TERMINATED: 08/01/2001 LEAD ATTORNEY ATTORNEY TO BE NOTICED
David C. Shaw (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Henry S. Cohn Superior Court Administrator 231 Capital Ave. Hartford, CT 06106 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Irene P. Romanelli (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Peter L. Brown (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Richard J. Lynch (See above for address) LEAD ATTORNEY

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Defendant Merlin Fisk Honorable Judge, Newtown Probate Court TERMINATED: 01/28/1991 Defendant Margot Hall Honorable Judge, Newtown Probate Court
Defendant Lewis Lippner Superintendent, Fairfield Hills Hospital
Defendant William W. Backus Hospital TERMINATED: 10/19/1999

ATTORNEY TO BE NOTICED
represented by Henry S. Cohn (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Peter L. Brown (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Richard J. Lynch (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Jennifer C. Jaff (See above for address) TERMINATED: 01/23/2001 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Marianne Horn (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Peter L. Brown (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Richard J. Lynch (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Thomas B. York (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Allyn L. Brown, Jr. Brown, Jacobson, Tillinghast, Lahan & King

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Defendant Judith Normandin
Defendant Dr. Albert J. Solnit Commissioner, Connecticut Department of Mental Health

22 Courthouse Sq. PO Box 391 Norwich, CT 06360-0391 860-889-3321 TERMINATED: 10/19/1999 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Jennifer C. Jaff (See above for address) TERMINATED: 01/23/2001 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Marianne Horn (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Peter L. Brown (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Richard J. Lynch (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Thomas B. York (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Jane D. Comerford (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jennifer C. Jaff (See above for address) TERMINATED: 01/23/2001 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Marianne Horn (See above for address) LEAD ATTORNEY

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Defendant all defendants all defendants Movant Cedar Lane Rehabilitation and Health Care Center
Movant Forestville Health & Rehabilitation Center

ATTORNEY TO BE NOTICED
Paul J. Lahey (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Peter L. Brown (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Richard J. Lynch (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Thomas B. York (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Maureen Weaver Wiggin & Dana One Century Tower 265 Church Street P.O. Box 1832 New Haven, CT 06508-1832 203-498-4400 TERMINATED: 05/21/2002 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Phyllis M. Pari Wiggin & Dana One Century Tower 265 Church Street P.O. Box 1832 New Haven, CT 06508-1832 203-498-4400 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Maureen Weaver (See above for address) TERMINATED: 05/21/2002

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Movant Bidwell Health Care Center
Movant Hospital for Special Care
Movant AHF/Connecticut Management, Inc.

LEAD ATTORNEY ATTORNEY TO BE NOTICED
Phyllis M. Pari (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Marcella A. Hourihane Wiggin & Dana One Century Tower 265 Church Street P.O. Box 1832 New Haven, CT 06508-1832 203-498-4400 TERMINATED: 06/04/1997 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Patrick J. Monahan, II Wiggin & Dana One Cityplace 185 Asylum St. Hartford, CT 06103 860-297-3700 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Susan S. Chambers Carmody & Torrance 195 Church St., PO Box 1950, 18th Floor New Haven, CT 06509-1950 203-777-5501 Fax: 203-784-3199 Email: schambers@carmodylaw.com TERMINATED: 07/02/2002 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Marcella A. Hourihane (See above for address) TERMINATED: 06/04/1997 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Patrick J. Monahan, II (See above for address)

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Movant Kettlebrook Health Care Center
Movant Dept of Social Services Department of Social Services
Movant Laura DiGalbo

LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Marcella A. Hourihane (See above for address) TERMINATED: 06/04/1997 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Patrick J. Monahan, II (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Edward F. Osswalt Attorney General's Office Employment Rights 55 Elm St., PO Box 120 Hartford, CT 06141-0120 860-808-5340 Email: edward.osswalt@po.state.ct.us LEAD ATTORNEY ATTORNEY TO BE NOTICED
Patricia A. Gerner Attorney General's Office Health & Human Services 55 Elm St., Po Box 120 Hartford, CT 06101 860-808-5318 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Richard J. Lynch (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Patricia A. Gerner (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Richard J. Lynch (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

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Movant Middlesex Hospital
Movant Lawrence & Memorial Hospital
Movant St. Mary's Hospital
Interested Party Elizabeth Irish

represented by Jacquelyn Conlon Cummings & Lockwood Four Stamford Plaza, PO Box 120 Stamford, CT 06904-0120 203-327-1700 TERMINATED: 06/07/2001 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Bethany L. Appleby Wiggin & Dana One Century Tower 265 Church Street P.O. Box 1832 New Haven, CT 06508-1832 203-498-4365 Fax: 203-782-2889 Email: bappleby@wiggin.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Linda T. Wihbey Law Offices Of Joseph A. Mengacci 500 Chase Pkwy Waterbury, CT 06708 203-753-9291 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by David C. Shaw (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 11/01/1991 01/21/1992
02/20/1992

#

Docket Text

ENDORSEMENT mot #113, to w/draw appearance GRANTED. ( signed by Judge Peter C. Dorsey ) (Former Employee) (Entered: 11/04/1991)

114 NOTICE of filing of expert report of Mark Chandler, M.D. by Smith, Scully, Rotman, Medina, Hawley, Green, Connecticut Traumati, Connecticut Assoc. F, Chapman (Former Employee) (Entered: 01/23/1992)

115 STIPULATION by Salafia, Hall re: that the mot dtd 10/24/91 will be compiled w/in three weeks of fil this stip and is subj to prot ord dtd

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02/25/1992 03/23/1992 04/21/1992 07/10/1992 07/10/1992 07/30/1992 08/03/1992 08/13/1992 09/10/1992 10/05/1992 10/09/1992

10/11/91 (Former Employee) (Entered: 02/21/1992)
ENDORSEMENT granting [115-1] stipulation tihat Motion for discl & prod will be complied w/within tyhree weeks of the fil of this stip and is subj to prot ord dtd 10/11/90 ( signed by Judge Peter C. Dorsey ) (Former Employee) (Entered: 02/25/1992)
116 NOTICE of filing of the ack of duty not to disclose of pltf's expert by Smith, Scully, Rotman, Medina, Hawley, Green, Connecticut Traumati, Connecticut Assoc. F, Chapman (Former Employee) (Entered: 03/23/1992)
117 NOTICE of filing of the report of Michael Franczak, P{h.D. by Smith, Scully, Rotman, Medina, Hawley, Green, Connecticut Traumati, Connecticut Assoc. F, Chapman (Former Employee) (Entered: 04/21/1992)
118 MOTION by Smith, Scully, Rotman, Medina, Hawley, Green, Connecticut Traumati, Connecticut Assoc. F, Chapman to Amend the Class Cert Order (see docket #51 Ruling on hard docket) (Brief Due 7/31/92 ) (Former Employee) (Entered: 07/13/1992)
119 MEMORANDUM by Smith, Scully, Rotman, Medina, Hawley, Green, Connecticut Traumati, Connecticut Assoc. F, Chapman in support of [118-1] motion to Amend the Class Cert Order (see docket #51 Ruling on hard docket) by plaintiff (Former Employee) (Entered: 07/13/1992)
120 MOTION by Salafia, Mullaney, Mental Retardation, Mental Health, Lippner, Hall, William W. Backus Ho to Extend Time to respond to pltf's motion to amened the Class Cert Order dtd 7/9/92 until 8/13/92 (Former Employee) (Entered: 07/30/1992)
ENDORSEMENT granting [120-1] motion to Extend Time to respond to pltf's motion to amened the Class Cert Order dtd 7/9/92 until 8/13/92, Brief Deadline set for 8/13/92 [118-1] motion to Amend the Class Cert Order (see docket #51 Ruling on hard docket) ( signed by Judge Peter C. Dorsey ) (Former Employee) (Entered: 08/03/1992)
121 MEMORANDUM (#121) by Mullaney, Mental Retardation, Mental Health, Angelini in opposition to [118-1] motion to Amend the Class Cert Order (see docket #51 Ruling on hard docket) by plaintiff (Former Employee) (Entered: 08/18/1992)
122 Plaintiff's rebuttal to defendant's opposition -REPLY by Connecticut Traumati to response to [118-1] motion to Amend the Class Cert Order (see docket #51 Ruling on hard docket) by plaintiff (Former Employee) (Entered: 09/15/1992)
123 NOTICE of by Smith, Scully, Rotman, Medina, Hawley, Green, Connecticut Traumati, Connecticut Assoc. F, Chapman of filing of the expert report of Stephen Sarfaty, Psy. D. (Former Employee) (Entered: 10/05/1992)
ENDORSEMENT granting [118-1] motion to Amend the Class Cert

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10/23/1992
11/05/1992
11/13/1992 11/13/1992
11/13/1992 11/13/1992 11/23/1992 12/15/1992 12/15/1992 12/15/1992 02/05/1993

Order -- The class is expanded to include the approximately 24 individuals at CVH who have TBI. Plaintiff shall provide notice to the new class members on/before 10/26/92. The prior protective order re discovery shall apply to additional discovery required as a result of this order. (see docket #51 Ruling on hard docket) ( signed by Judge Peter C. Dorsey ) (Former Employee) (Entered: 10/09/1992)
124 MOTION by Smith, Scully, Rotman, Mullaney, Medina, Hawley, Green, Connecticut Traumati, Connecticut Assoc. F, Chapman to Extend Time until/including November 18, 1992 to provide the notice ordered by the court dated 10/6/92 (Former Employee) (Entered: 10/27/1992)
ENDORSEMENT granting [124-1] motion to Extend Time until/including November 18, 1992 to provide the notice ordered by the court dated 10/6/92 ( signed by Judge Peter C. Dorsey ) (Moore, P.) (Entered: 11/06/1992)
125 MOTION by Connecticut Assoc. F, Chapman, Medina, Hawley, Green, Connecticut Traumati, Smith, Scully, Rotman to Amend Complaint (Brief Due 12/4/92 ) (Graham, T.) (Entered: 11/13/1992)
126 MEMORANDUM by Smith, Scully, Rotman, Medina, Hawley, Green, Connecticut Traumati, Connecticut Assoc. F, Chapman in support of [125-1] motion to Amend Complaint by plaintiff (Graham, T.) (Entered: 11/13/1992)
127 NOTICE of Filing Motion for Disclosure and Production by Smith, Scully, Rotman, Medina, Hawley, Green, Connecticut Traumati, Connecticut Assoc. F, Chapman (Graham, T.) (Entered: 11/13/1992)
128 MOTION by Smith, Scully, Rotman, Medina, Hawley, Green, Connecticut Traumati, Connecticut Assoc. F, Chapman disclosure , and Production (Brief Due 12/4/92 ) (Graham, T.) (Entered: 11/13/1992)
129 NOTICE of COMPLIANCE with Court's order by Smith, Scully, Rotman, Medina, Hawley, Green, Connecticut Traumati, Connecticut Assoc. F, Chapman (Former Employee) (Entered: 12/01/1992)
ENDORSEMENT granting [125-1] motion to Amend Complaint, abs obj ( signed by Judge Peter C. Dorsey ) (Smith, S.) (Entered: 12/17/1992)
130 THIRD AMENDED COMPLAINT by Smith, Scully, Rotman, Medina, Hawley, Green, Connecticut Traumati, Connecticut Assoc. F, Chapman amending second amended complaint (Smith, S.) (Entered: 12/17/1992)
ENDORSEMENT denying [128-1] motion disclosure, denying [128-2] motion Production (signed by Judge Peter C. Dorsey ) (Smith, S.) (Entered: 12/17/1992)
131 MOTION by Smith, Scully, Rotman, Medina, Hawley, Green, Connecticut Traumati, Connecticut Assoc. F, Chapman to Join Judith Normandin as a pty dft (Brief Due 2/26/93 ) (Former Employee) (Entered: 02/06/1993)

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02/05/1993 04/28/1993 05/11/1993 05/21/1993 06/09/1993 06/18/1993 06/23/1993 06/29/1993
08/16/1993 08/19/1993 08/25/1993 08/30/1993 09/02/1993 09/03/1993
09/08/1993

132 MEMORANDUM by pltfs in support of [131-1] motion to Join Judith Normandin as a pty dft by plaintiff (Former Employee) (Entered: 02/06/1993)
ENDORSEMENT granting [131-1] motion to Join Judith Normandin as pty dft, abs obj ( signed by Judge Peter C. Dorsey ) (Smith, S.) (Entered: 04/29/1993)
SUMMONS issued for Judith Normandin for amended complaint (Smith, S.) (Entered: 05/17/1993)
133 SUMMONS Returned Executed as to Judith Normandin 5/11/93--for third amended complaint. Answer due on 5/31/93 for Judith Normandin. (Smith, S.) (Entered: 05/21/1993)
134 TRIAL Preparation Order. Section A due 7/6/93; Section B due 7/20/93; Section C due 8/3/93 ( Signed by Judge Peter C. Dorsey ) (Smith, S.) (Entered: 06/10/1993)
135 ANSWER by Albert Solnit, Lewis Lippner, Garrell Mullaney, Judith Normandin to third amended complaint (Smith, S.) (Entered: 06/21/1993)
136 MOTION by Connecticut Traumati to Extend Time to comply with TPO to Sept. 7, 1993. (Former Employee) (Entered: 06/23/1993)
ENDORSEMENT granting in part, [136-1] motion to Extend Time to comply with TPO, to 9/7/93; Part A due 8/16/93; Part B due 8/30/93; Section C due by 9/13/93 ( signed by Judge Peter C. Dorsey ) (Smith, S.) (Entered: 06/30/1993)
137 NOTICE of Compliance with Section A of Trial Preparation Order by Connecticut Traumati (Former Employee) (Entered: 08/17/1993)
138 NOTICE of Filing Acknowledgements of Duty Not to Disclose for Robert Board, Rick McLaughlin, and Amelia Eaton by Connecticut Traumati (Former Employee) (Entered: 08/19/1993)
139 MOTION by Mullaney to Extend Time to file Section C of TPO to 10/27/93. (Former Employee) (Entered: 08/25/1993)
140 MOTION by Mullaney, Angelini to Extend Time to 9/7/93 to file Section B of TPO. (Former Employee) (Entered: 08/31/1993)
ENDORSEMENT granting [140-1] motion to Extend Time to 9/7/93 to file Section B of TPO. ( signed by Clerk ) (Former Employee) (Entered: 09/03/1993)
141 NOTICE of filing Acknowledgements of Duty not to Disclose for Edward Mattison, William B. Wynne, Joanne Bilger, Chrysler Szarlan, Frank Barrepski, and Pamela Gibbs by Connecticut Traumati (Former Employee) (Entered: 09/03/1993)
142 NOTICE of Compliance with Section B of Trial Preparation Order by Mullaney, et al. (Former Employee) (Entered: 09/09/1993)

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09/08/1993 09/09/1993 10/19/1993 10/22/1993
11/16/1993 11/16/1993
11/19/1993 11/22/1993 11/22/1993 11/22/1993
12/03/1993 12/03/1993 12/03/1993 12/15/1993

ENDORSEMENT granting [139-1] motion to Extend Time to file Section C of TPO, to 10/27/93, reset Section C due by 10/27/93 ( signed by Judge Peter C. Dorsey ) (Smith, S.) (Entered: 09/10/1993)
143 NOTICE of filing acknowledgement of duty not to disclose of Kathleen Ryan. by Connecticut Traumati (Former Employee) (Entered: 09/10/1993)
144 MOTION by Mullaney, Mental Health to Extend Time to file section C of TPO to 11/19/93. (Former Employee) (Entered: 10/19/1993)
ENDORSEMENT granting [144-1] motion to Extend Time to file section C of TPO to 11/19/93 reset Section C due by 11/19/93 THIS IS A FINAL EXTENSION ( signed by Judge Peter C. Dorsey ) (Former Employee) (Entered: 10/25/1993)
145 MOTION by Connecticut Traumati in Limine to preclude the testimony of the expert witnesses designated by defendants in pretrial memorandum of 9/7/93 (Brief Due 12/7/93 ) (Former Employee) (Entered: 11/17/1993)
146 MEMORANDUM by Connecticut Traumati in support of [145-1] motion in Limine to preclude the testimony of the expert witnesses designated by defendants in pretrial memorandum of 9/7/93 by Connecticut Traumati (Former Employee) (Entered: 11/17/1993)
149 COMPLIANCE with Section C of Trial Preparation Order by Connecticut Traumatic Brain Injury Assoc., et al. (Former Employee) (Entered: 11/23/1993)
147 MOTION by Mental Retardation, Mental Health to Extend Time to submit TPO to 11/22/93 (Former Employee) (Entered: 11/22/1993)
ENDORSEMENT granting [147-1] motion to Extend Time to submit TPO to 11/22/93, reset Section C due by 11/22/93 ( signed by Judge Peter C. Dorsey ) (Former Employee) (Entered: 11/23/1993)
148 COMPLIANCE with Section C of Trial Preparation Order by Salafia, Mullaney, Mental Retardation, Mental Health, Lippner, Hall, Angelini, William W. Backus Ho, Judith Normandin, Albert J. Solnit (Former Employee) (Entered: 11/23/1993)
150 APPEARANCE of Attorney for Garrell Mullaney, Louis Lippner, Judith Normandin, Albert Solnit -- Jennifer C. Jaff (Smith, S.) (Entered: 12/07/1993)
151 MOTION by Garrell Mullaney, Louis Lippner, Judith Normandin, Albert Solnit to Amend [0-0] order granting [#118] motion for class certification (Brief Due 12/24/93) (Smith, S.) (Entered: 12/07/1993)
152 MEMORANDUM in support of [151-1] motion to Amend class certification by Albert Solnit, Judith Normandin, Louis Lippner, Garrell Mullaney (Smith, S.) (Entered: 12/07/1993)
153 MOTION by Mullaney to Extend Time to respond to motion in Limine to

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12/16/1993
12/23/1993 12/27/1993
12/29/1993
12/30/1993 01/14/1994 01/18/1994 01/27/1994 01/31/1994 01/31/1994 01/31/1994

12/23/93 (Former Employee) (Entered: 12/15/1993)
ENDORSEMENT granting [153-1] motion to Extend Time to respond to motion in Limine to 12/23/93, Brief Deadline set for 12/23/93 [145-1] motion in Limine to preclude the testimony of the expert witnesses designated by defendants in pretrial memorandum of 9/7/93 ( signed by Judge Peter C. Dorsey ) (Former Employee) (Entered: 12/17/1993)
154 MOTION by Salafia, Mullaney, Lippner, Hall, Fisk, Angelini, William W. Backus Ho, Judith Normandin, Albert J. Solnit to Extend Time to 12/30/93 to respomd to Mot. In Limine (Former Employee) (Entered: 12/27/1993)
155 MEMORANDUM by Smith, Scully, Rotman, Medina, Hawley, Green, Connecticut Traumati, Connecticut Assoc. F, Chapman in opposition to [151-1] motion to Amend [0-0] order granting [#118] motion for class certification by Albert J. Solnit, Judith Normandin, Lippner, Mullaney (Former Employee) (Entered: 12/30/1993)
ENDORSEMENT granting [154-1] motion to Extend Time to 12/30/93 to respomd to Mot. In Limine, Brief Deadline set for 12/30/93 [145-1] motion in Limine to preclude the testimony of the expert witnesses designated by defendants in pretrial memorandum of 9/7/93 ( signed by Judge Peter C. Dorsey ) (Graham, T.) (Entered: 12/29/1993)
156 MEMORANDUM by Mullaney, Mental Health in opposition to [145-1] motion in Limine to preclude the testimony of the expert witnesses designated by defendants in pretrial memorandum of 9/7/93 by Connecticut Traumati (Former Employee) (Entered: 01/03/1994)
158 RULING granting [145-1] motion in Limine to preclude the testimony of the expert witnesses designated by defendants in pretrial memorandum of 9/7/93 ( signed by Judge Peter C. Dorsey ) (Smith, S.) (Entered: 01/20/1994)
157 REPLY by Mental Health to response to [151-1] motion to Amend [0-0] order granting [#118] motion for class certification by Albert J. Solnit, Judith Normandin, Lippner, Mullaney (Former Employee) (Entered: 01/19/1994)
159 MOTION by Mental Health to Extend Time to 1/31/94 to file motion to reconsider ruling on plaintiff's motion in limine of 1/14/94 (Former Employee) (Entered: 01/28/1994)
160 MOTION by Mental Health in Limine (Brief Due 2/21/94 ) (Former Employee) (Entered: 02/01/1994)
161 MEMORANDUM by Mental Health in support of [160-1] motion in Limine by Mental Health (Former Employee) (Entered: 02/01/1994)
162 MOTION by Mental Health for Reconsideration of [158-1] order, granting [145-1] motion in Limine to preclude the testimony of the expert witnesses designated by defendants in pretrial memorandum of 9/7/93 by Connecticut Traumati (Brief Due 2/21/94 ) (Former Employee) (Entered:

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01/31/1994
01/31/1994 02/22/1994 02/22/1994 02/24/1994
02/24/1994 02/24/1994 03/03/1994 03/04/1994
03/11/1994
07/12/1994

02/01/1994)
163 MEMORANDUM by Mental Health in support of [162-1] motion for Reconsideration of [158-1] order, granting [145-1] motion in Limine to preclude the testimony of the expert witnesses designated by defendants in pretrial memorandum of 9/7/93 by Connecticut Traumati by Mental Health (Former Employee) (Entered: 02/01/1994)
ENDORSEMENT granting [159-1] motion to Extend Time to 1/31/94 to file motion to reconsider ruling on plaintiff's motion in limine of 1/14/94 ( signed by Judge Peter C. Dorsey ) (Former Employee) (Entered: 02/01/1994)
164 MOTION by Connecticut Traumatic Brain Injury Assoc., et al. to Extend Time to respond to motion for reconsideration to 3/4/94 (Former Employee) (Entered: 02/23/1994)
165 MOTION by Connecticut Traumati to Extend Time to respond to Motion in Limine to 2/23/94 (Former Employee) (Entered: 02/23/1994)
ENDORSEMENT granting [164-1] motion to Extend Time to respond to motion for reconsideration to 3/4/94, Brief Deadline set for 3/4/94 [1621] motion for Reconsideration of [158-1] order, granting [145-1] motion in Limine to preclude the testimony of the expert witnesses designated by defendants in pretrial memorandum of 9/7/93 by Connecticut Traumati ( signed by Judge Peter C. Dorsey ) (Former Employee) (Entered: 02/24/1994)
ENDORSEMENT granting [165-1] motion to Extend Time to respond to Motion in Limine to 2/23/94 ( signed by Judge Peter C. Dorsey ) (Former Employee) (Entered: 02/24/1994)
166 MEMORANDUM by Connecticut Traumati in opposition to [160-1] motion in Limine by Mental Health (Former Employee) (Entered: 02/25/1994)
167 REPLY by Mental Health to response to [160-1] motion in Limine by Mental Health (Former Employee) (Entered: 03/03/1994)
168 MEMORANDUM by Connecticut Traumati in opposition to [162-1] motion for Reconsideration of [158-1] order, granting [145-1] motion in Limine to preclude the testimony of the expert witnesses designated by defendants in pretrial memorandum of 9/7/93 by Connecticut Traumati by Mental Health (Former Employee) (Entered: 03/07/1994)
169 REPLY by Mental Retardation, Mental Health to response to [162-1] motion for Reconsideration of [158-1] order, granting [145-1] motion in Limine to preclude the testimony of the expert witnesses designated by defendants in pretrial memorandum of 9/7/93 by Connecticut Traumati by Mental Health (Former Employee) (Entered: 03/11/1994)
171 ORDER referring case to Mag. Judge Thomas P. Smith for Settlement Conference (signed by Judge Peter C. Dorsey ) (Former Employee) (Entered: 07/12/1994)

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07/22/1994 07/22/1994 09/13/1994 09/14/1994
09/14/1994 10/07/1994 04/03/1995 04/04/1995
04/25/1995
04/25/1995

172 Letter MOTION by Salafia to excuse atty Cohn from attending settlement conf. (Johnson, D.) (Entered: 07/25/1994)
ENDORSEMENT granting [172-1] motion to excuse atty Cohn from attending settlement conf. ( signed by Mag. Judge Thomas P. Smith ) (Johnson, D.) (Entered: 07/25/1994)
174 APPEARANCE of Attorney for all defendants -- Henry A. Salton (Former Employee) (Entered: 09/15/1994)
173 MEMORANDUM of Settlement Conference held on 9/14/94; plaintiff's counsel ordered to prepare a draft proposed consent decree. Another session before the magistrate judge is scheduled for October 12, 1994, at 2:00pm ( signed by Mag. Judge Thomas P. Smith ) (Former Employee) (Entered: 09/15/1994)
Settlement Conference held ( TPS) 9/14/94 (Gothers, M.) (Entered: 09/19/1994)
Settlement Conference held ( TPS) 10/12/94 (Gothers, M.) (Entered: 10/07/1994)
175 Response to [157-1] reply memorandum related to defendants' motion to alter or amend class certification by Mental Health by Connecticut Traumati (Former Employee) (Entered: 04/03/1995)
176 RULING granting in part, denying in part [162-1] motion for Reconsideration of [158-1] order, granting [145-1] motion in Limine to preclude the testimony of the expert witnesses designated by defendants in pretrial memorandum of 9/7/93 by Connecticut Traumati, denying [160-1] motion in Limine, denying [151-1] motion to Amend [0-0] order granting [#118] motion for class certification ( signed by Chief Judge Peter C. Dorsey ) (Former Employee) (Entered: 04/04/1995)
177 Letter MOTION by all defendants for Reconsideration of [176-1] order, [151-1] motion to Amend [0-0] order granting [#118] motion for class certification by Albert J. Solnit, Judith Normandin, Lippner, Mullaney, [160-1] motion in Limine by Mental Health, [118-1] motion to Amend the Class Cert Order (see docket #51 Ruling on hard docket) by plaintiffs, [145-1] motion in Limine to preclude the testimony of the expert witnesses designated by defendants in pretrial memorandum of 9/7/93 by Connecticut Traumati (Former Employee) (Entered: 04/25/1995)
ENDORSEMENT denying [177-1] motion for Reconsideration of [1761] order, [151-1] motion to Amend [0-0] order granting [#118] motion for class certification by Albert J. Solnit, Judith Normandin, Lippner, Mullaney, [160-1] motion in Limine by Mental Health, [118-1] motion to Amend the Class Cert Order (see docket #51 Ruling on hard docket) by plaintiffs, [145-1] motion in Limine to preclude the testimony of the expert witnesses designated by defendants in pretrial memorandum of 9/7/93 by Connecticut Traumatic Brain Injury Assoc.: letter shall be treated as a motion to reconsider the ruling on pending motions. The

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05/09/1995 05/09/1995 05/15/1995 05/16/1995 05/16/1995 05/24/1995 05/24/1995 05/24/1995 05/31/1995 06/02/1995 06/02/1995 06/02/1995 06/06/1995 06/06/1995

motion is denied. It is noted that defendants' counsel has pre-paid vacation plans for the first two weeks in July; this will be taken into consideration in the scheduling of the trial ( signed by Chief Judge Peter C. Dorsey ) (Former Employee) (Entered: 04/25/1995)
178 Settlement Conference held ( TPS) (D'Onofrio, B.) (Entered: 05/15/1995)
179 MEMORANDUM of settlement Conference held on May 9, 1995 ...another session has been set tof 9:00 5/26/95... ( signed by Mag. Judge Thomas P. Smith ) (Kunofsky, L.) (Entered: 05/15/1995)
180 APPEARANCE of Attorney for Mullaney, Lippner, Judith Normandin, Albert J. Solnit -- Marianne Horn (Former Employee) (Entered: 05/16/1995)
181 MOTION by Connecticut Traumati to Substitute expert witness (Brief Due 6/6/95 ) (Former Employee) (Entered: 05/17/1995)
182 MEMORANDUM by Connecticut Traumati in support of [181-1] motion to Substitute expert witness by Connecticut Traumati (Former Employee) (Entered: 05/17/1995)
183 MOTION by all defendants for status Conference (Former Employee) (Entered: 05/25/1995)
184 MEMORANDUM by all defendants in support of [183-1] motion for status Conference by all defendants (Former Employee) (Entered: 05/25/1995)
185 AFFIDAVIT of Albert J. Solnit by all defendants Re [183-1] motion for status Conference by all defendants (Former Employee) (Entered: 05/25/1995)
ENDORSEMENT denying [183-1] motion for status Conference. The case shall be considered ready for trial as of July 1, 1995. ( signed by Chief Judge Peter C. Dorsey ) (Former Employee) (Entered: 06/01/1995)
186 MOTION by Connecticut Traumati to Strike [185-1]portions of affidavit of Albert Solnit by all defendants (Former Employee) (Entered: 06/05/1995)
187 MEMORANDUM by Connecticut Traumati in support of [186-1] motion to Strike [185-1]portions of affidavit of Albert Solnit by all defendants by Connecticut Traumati (Former Employee) (Entered: 06/05/1995)
188 MOTION by Connecticut Traumati to conduct deposition of expert witness Gregory O'Shanick, M.D. after the Discovery deadline of 7/1/95 (Brief Due 6/23/95 ) (Former Employee) (Entered: 06/05/1995)
189 MOTION by all defendants in Limine to preclude evidence under FRE 401 (Brief Due 6/27/95 ) (Former Employee) (Entered: 06/07/1995)
190 MOTION by all defendants to Take Deposition of expert witnesses after discovery deadline (Former Employee) (Entered: 06/07/1995)

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190 RESPONSE by all defendants to [188-1] motion to conduct deposition of expert witness Gregory O'Shanick, M.D. after the Discovery deadline of 7/1/95 by Connecticut Traumati (Former Employee) (Entered: 06/07/1995)
191 MEMORANDUM by all defendants in support of [189-1] motion in Limine to preclude evidence under FRE 401 by all defendants (Former Employee) (Entered: 06/07/1995)
192 MOTION by Mullaney, Mental Retardation, Mental Health for Protective Order denying inspection of the Hospital for Special Care and of Cedarland Rehabilitation and other facilities (Brief Due 6/28/95 ) (Former Employee) (Entered: 06/07/1995)
193 AFFIDAVIT of Marianne Horn by Mullaney, Mental Retardation, Mental Health Re [192-1] motion for Protective Order denying inspection of the Hospital for Special Care and of Cedarland Rehabilitation and other facilities by Mental Health, Mental Retardation, Mullaney (Former Employee) (Entered: 06/07/1995)
194 MEMORANDUM by Mullaney, Mental Retardation, Mental Health in support of [192-1] motion for Protective Order denying inspection of the Hospital for Special Care and of Cedarland Rehabilitation and other facilities by Mental Health, Mental Retardation, Mullaney (Former Employee) (Entered: 06/07/1995)
195 MOTION by Mullaney, Lippner, Judith Normandin, Albert J. Solnit to Amend certification of class to exclude persons who are under the jurisdiction of the Psychiatric Security Review Board (PSRB) (Brief Due 6/28/95 ) (Former Employee) (Entered: 06/07/1995)
196 MEMORANDUM by Mullaney, Lippner, Judith Normandin, Albert J. Solnit in support of [195-1] motion to Amend certification of class to exclude persons who are under the jurisdiction of the Psychiatric Security Review Board (PSRB) by Albert J. Solnit, Judith Normandin, Lippner, Mullaney (Former Employee) (Entered: 06/07/1995)
ENDORSEMENT denying [186-1] motion to Strike [185-1]portions of affidavit of Albert Solnit by all defendants ( signed by Chief Judge Peter C. Dorsey ) (Former Employee) (Entered: 06/07/1995)
197 NOTICE of filing acknowledgement of duty not to disclose by Mary Eileen McNamara, MD by Connecticut Traumati (Former Employee) (Entered: 06/13/1995)
198 MEMORANDUM by Connecticut Traumati in opposition to [192-1] motion for Protective Order denying inspection of the Hospital for Special Care and of Cedarland Rehabilitation and other facilities by Mental Health, Mental Retardation, Mullaney (Former Employee) (Entered: 06/14/1995)
199 MEMORANDUM by Connecticut Traumati in opposition to [189-1] motion in Limine to preclude evidence under FRE 401 by all defendants

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06/14/1995 06/14/1995 06/14/1995 06/14/1995
06/14/1995 06/14/1995 06/14/1995 06/14/1995 06/15/1995 06/15/1995 06/16/1995 06/16/1995 06/16/1995

(Former Employee) (Entered: 06/14/1995)
200 MOTION by Connecticut Traumati to Extend discovery deadline to 8/1/95 (Former Employee) (Entered: 06/14/1995)
201 AFFIDAVIT of David C. Shaw by Connecticut Traumati Re [200-1] motion to Extend discovery deadline to 8/1/95 by Connecticut Traumati (Former Employee) (Entered: 06/14/1995)
202 MOTION by Connecticut Traumati to Amend the Discovery Order of October 11, 1990 (doc. #56) and Protective Order of Oct. 11, 1990 (Brief Due 7/5/95 ) (Former Employee) (Entered: 06/14/1995)
203 MEMORANDUM by Connecticut Traumati in support of [202-1] motion to Amend the Discovery Order of October 11, 1990 (doc. #56) and Protective Order of Oct. 11, 1990 by Connecticut Traumati (Former Employee) (Entered: 06/14/1995)
204 MOTION by Connecticut Traumati to Expedite disposition of motion to amend (doc. #202) (Former Employee) (Entered: 06/14/1995)
205 MOTION by Connecticut Traumati to Compel response to discovery requests of 5/30/95 (Brief Due 7/5/95 ) (Former Employee) (Entered: 06/14/1995)
206 MEMORANDUM by Connecticut Traumati in support of [205-1] motion to Compel response to discovery requests of 5/30/95 by Connecticut Traumati (Former Employee) (Entered: 06/14/1995)
207 MOTION by Connecticut Traumati to Expedite disposition of motion to compel (doc. #206) (Former Employee) (Entered: 06/14/1995)
209 MOTION by Cedar Lane to Quash subpoena or in the alternative to modify subpoena (Brief Due 7/6/95 ) (Former Employee) (Entered: 06/16/1995)
210 MEMORANDUM by Cedar Lane in support of [209-1] motion to Quash subpoena or in the alternative to modify subpoena by Cedar Lane (Former Employee) (Entered: 06/16/1995)
208 APPEARANCE of Attorney for Cedar Lane -- Maureen Weaver, Phyllis Weaver (Former Employee) (Entered: 06/16/1995)
ENDORSEMENT granting [181-1] motion to Substitute expert witness M. Eileen McNamara for Mark C. Chandler ( signed by Chief Judge Peter C. Dorsey ) (Former Employee) (Entered: 06/16/1995)
ENDORSEMENT granting [189-1] motion in Limine to preclude evidence under FRE 401:Inspection of facilities where discharged members of this class are now housed will not lead to relevant or admissible evidence. If they have been discharged, such that defendants no longer exercise custody or control over them, then the dischargees' present circumstances do not bear on the defendants' fulfilling their legal obligations. If they have been improperly dischraged, their entitlement to

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06/16/1995 06/16/1995
06/16/1995 06/16/1995

further treatment, care, cand supervision is dependent on the circumstance of their discharge, not the circumstances of their present location ( signed by Chief Judge Peter C. Dorsey ) (Former Employee) (Entered: 06/16/1995)
ENDORSEMENT granting [188-1] motion to conduct deposition of expert witness Gregory O'Shanick, M.D. after the Discovery deadline of 7/1/95, but subject to the time constraints raised by defendants in response. It should be noted this will not excuse this case from trial if reached on or after July 1, 1995 ( signed by Chief Judge Peter C. Dorsey ) (Former Employee) (Entered: 06/16/1995)
ENDORSEMENT granting [200-1] motion to Extend discovery deadline to 8/1/95, subject to the notations in the ruling on Doc. #188 ( signed by Chief Judge Peter C. Dorsey ) (Former Employee) (Entered: 06/16/1995)
Deadline updated; reset Discovery deadline to 8/1/95 , see endorsement on doc. #190 (Former Employee) (Entered: 06/16/1995)
ENDORSEMENT denying [200-1] motion to Extend discovery deadline to 8/1/95: This case is 5 years old. Though efforts to reach an agreement are salutary, the failure to complete preparation for trial--motion paragraphs 6 and 7--suggest the insufficient anticipation of the need to be ready for trial absent an agreement. Put another way, there may well have been an inappropriate delay in seeking agreement. If parties wish to avoid discovery by reaching agreement, they should do so expeditiously and early on. ( signed by Chief Judge Peter C. Dorsey ) (Former Employee) (Entered: 06/16/1995)
ENDORSEMENT granting [192-1] motion for Protective Order denying inspection of the Hospital for Special Care and of Cedarland Rehabilitation and other facilities for the reasons set forth in the grant of defendant's motion in limine #89 filed under even date. ( signed by Chief Judge Peter C. Dorsey ) (Former Employee) (Entered: 06/16/1995)
ENDORSEMENT denying [202-1] motion to Amend the Discovery Order of October 11, 1990 (doc. #56) and Protective Order of Oct. 11, 1990: This case involves the care, treatment, and support provided to the class members in the three named facilities. It does not present the question of the proper criteria, nor application thereof, for admission of persons to such facilities. To the extent the motion pertains to the latter questions it is denied. If the records requested can be shown to pertain to the former, plaintiffs may renew their motion for the purpose of making a proper showing of the additional material sought being relevant to the former question which is presented in this case. ( signed by Chief Judge Peter C. Dorsey ) (Former Employee) (Entered: 06/16/1995)
ENDORSEMENT denying [204-1] motion to Expedite disposition of motion to amend (doc. #202) as moot; the rulings sought have been made ( signed by Chief Judge Peter C. Dorsey ) (Former Employee) (Entered: 06/16/1995)
ENDORSEMENT denying [205-1] motion to Compel response to

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06/16/1995
06/16/1995
06/16/1995 06/16/1995 06/16/1995 06/16/1995 06/16/1995 06/16/1995 06/16/1995 06/16/1995 06/16/1995 06/16/1995 06/16/1995

discovery requests of 5/30/95 for the reasons stated in the rulings on docs. #189 and 202 filed under even date ( signed by Chief Judge Peter C. Dorsey ) (Former Employee) (Entered: 06/16/1995)
ENDORSEMENT denying [207-1] motion to Expedite disposition of motion to compel (doc. #206) as moot as the rulings hvawe entered ( signed by Chief Judge Peter C. Dorsey ) (Former Employee) (Entered: 06/16/1995)
ENDORSEMENT granting [209-1] motion to Quash subpoena or in the alternative to modify subpoena: The motion, as one to quash, is granted for the reasons set forth in the ruling on the Motion in limine (#189) filed under even date ( signed by Chief Judge Peter C. Dorsey ) (Former Employee) (Entered: 06/16/1995)
211 APPEARANCE of Attorney for Forestville Health --Phyllis Pari, Maureen Weaver (Former Employee) (Entered: 06/19/1995)
212 MOTION by Forestville Health to Quash or modify subpoena (Brief Due 7/7/95 (Former Employee) (Entered: 06/19/1995)
213 MEMORANDUM by Forestville Health in support of [212-1] motion to Quash or modify subpoena by Forestville Health (Former Employee) (Entered: 06/19/1995)
214 AFFIDAVIT of Linda Bradigo by Forestville Health Re [212-1] motion to Quash or modify subpoena by Forestville Health (Former Employee) (Entered: 06/19/1995)
215 AFFIDAVIT of Maureen Weaver by Forestville Health Re [212-1] motion to Quash or modify subpoena by Forestville Health (Former Employee) (Entered: 06/19/1995)
216 APPEARANCE of Attorney for Bidwell Health Care --Patrick J. Monahan, II. (Former Employee) (Entered: 06/19/1995)
222 APPEARANCE of Attorney for Hospital for Special Care -- Susan S. Chambers (Former Employee) (Entered: 06/19/1995)
223 MOTION by Hospital for Special to Quash or modify subpoena (Brief Due 7/7/95 ) (Former Employee) (Entered: 06/19/1995)
224 MEMORANDUM by Hospital for Special in support of [223-1] motion to Quash or modify subpoena by Hospital for Special (Former Employee) (Entered: 06/19/1995)
225 AFFIDAVIT of Susan S. Chambers by Hospital for Special Re [223-1] motion to Quash or modify subpoena by Hospital for Special (Former Employee) (Entered: 06/19/1995)
ENDORSEMENT granting [190-1] motion to Take Deposition of expert witnesses after discovery deadline, absent objection, subject to the notations in the ruling on Doc. #188 ( signed by Chief Judge Peter C. Dorsey ) (Former Employee) (Entered: 12/07/1995)

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06/19/1995 06/19/1995 06/19/1995 06/19/1995 06/19/1995 06/19/1995 06/19/1995 06/19/1995 06/19/1995 06/19/1995 06/19/1995 06/20/1995
06/20/1995
06/20/1995

217 APPEARANCE of Attorney for Bidwell Health Care -- Marcella A. Hourihane (Former Employee) (Entered: 06/19/1995)
218 MOTION by Bidwell Health Care to Quash or Modify subpoena (Brief Due 7/10/95 ) (Former Employee) (Entered: 06/19/1995)
219 MEMORANDUM by Bidwell Health Care in support of [218-1] motion to Quash or Modify subpoena by Bidwell Health Care (Former Employee) (Entered: 06/19/1995)
220 AFFIDAVIT of Steven Vera by Bidwell Health Care Re [218-1] motion to Quash or Modify subpoena by Bidwell Health Care (Former Employee) (Entered: 06/19/1995)
221 AFFIDAVIT of Marcella Hourihane by Bidwell Health Care Re [218-1] motion to Quash or Modify subpoena by Bidwell Health Care (Former Employee) (Entered: 06/19/1995)
227 APPEARANCE of Attorney for AHF/Connecticut, Kettlebrook Health -Patrick J. Monahan, II; Marcella Hourihane (Former Employee) (Entered: 06/20/1995)
228 MOTION by AHF/Connecticut, Kettlebrook Health to Quash or Modify subpoena (Brief Due 7/10/95 ) (Former Employee) (Entered: 06/20/1995)
229 MEMORANDUM by AHF/Connecticut, Kettlebrook Health in support of [228-1] motion to Quash or Modify subpoena by Kettlebrook Health, AHF/Connecticut (Former Employee) (Entered: 06/20/1995)
230 AFFIDAVIT of William Baxter by AHF/Connecticut Re [228-1] motion to Quash or Modify subpoena by Kettlebrook Health, AHF/Connecticut (Former Employee) (Entered: 06/20/1995)
231 AFFIDAVIT of Ray Talamona by Kettlebrook Health Re [228-1] motion to Quash or Modify subpoena by Kettlebrook Health, AHF/Connecticut (Former Employee) (Entered: 06/20/1995)
232 AFFIDAVIT of Marcella Hourihane by AHF/Connecticut, Kettlebrook Health Re [228-1] motion to Quash or Modify subpoena by Kettlebrook Health, AHF/Connecticut (Former Employee) (Entered: 06/20/1995)
ENDORSEMENT granting [212-1] motion to Quash or modify subpoena for the reasons set forth in the ruling on Doc. #189, motion in limine ( signed by Chief Judge Peter C. Dorsey ) (Former Employee) (Entered: 06/20/1995)
ENDORSEMENT granting [218-1] motion to Quash or Modify subpoena for the reasons set forth in the ruling on doc. #189, Motion in Limine ( signed by Chief Judge Peter C. Dorsey ) (Former Employee) (Entered: 06/20/1995)
ENDORSEMENT granting [223-1] motion to Quash or modify subpoena for the reasons set forth in the ruling on Doc. #189, motion in limine ( signed by Chief Judge Peter C. Dorsey ) (Former Employee) (Entered:

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06/20/1995 06/21/1995 06/21/1995 06/21/1995 06/21/1995 06/23/1995 06/23/1995 06/27/1995 06/27/1995
06/27/1995 06/27/1995
06/28/1995

06/20/1995)
226 MOTION by all defendants to substitute expert witness at trial Preston J. Walker for Joseph Zimmerman (Former Employee) (Entered: 06/20/1995)
233 MOTION by Connecticut Traumati to Extend Time to complete discovery for the taking of depositions to July 28, 1995 (Former Employee) (Entered: 06/21/1995)
234 OBJECTIONS by Connecticut Traumati to [226-1] motion to substitute expert witness at trial Preston J. Walker for Joseph Zimmerman by all defendants (Former Employee) (Entered: 06/21/1995)
235 Renewed MOTION by Connecticut Traumati for Order regarding discovery (Brief Due 7/12/95 ) (Former Employee) (Entered: 06/21/1995)
236 MEMORANDUM by Connecticut Traumati in support of [235-1] motion for Order regarding discovery by Connecticut Traumati (Former Employee) (Entered: 06/21/1995)
237 LETTER dated 6/21/95 Regarding: oral argument by Connecticut Traumati (Former Employee) (Entered: 06/23/1995)
ENDORSEMENT denying [237-1] letter request for oral argument: Requests not in motion form will not be addressed by the Court. SEE Local Rule 9(a). ( signed by Chief Judge Peter C. Dorsey ) (Former Employee) (Entered: 06/23/1995)
ENDORSEMENT granting [233-1] motion to Extend Time to complete discovery for the taking of specified depositions to July 28, 1995 ( signed by Chief Judge Peter C. Dorsey ) (Former Employee) (Entered: 06/27/1995)
238 MOTION by Connecticut Traumati for Reconsideration of [0-0] order dated 6/16/95 re: [192-1] motion for Protective Order denying inspection of the Hospital for Special Care and of Cedarland Rehabilitation and other facilities by Mental Health, Mental Retardation, Mullaney, [189-1] motion in Limine to preclude evidence under FRE 401 by all defendants (Brief Due 7/18/95 ) (Former Employee) (Entered: 06/28/1995)
239 Response to [234-1] objection by Connecticut Traumati by all defendants (Former Employee) (Entered: 06/28/1995)
240 MEMORANDUM by Connecticut Traumati in support of [238-1] motion for Reconsideration of [0-0] order dated 6/16/95 re: [192-1] motion for Protective Order denying inspection of the Hospital for Special Care and of Cedarland Rehabilitation and other facilities by Mental Health, Mental Retardation, Mullaney, [189-1] motion in Limine to preclude evidence under FRE 401 by all defendants by Connecticut Traumati (Former Employee) (Entered: 06/28/1995)
241 MEMORANDUM by Connecticut Traumati in opposition to [195-1]

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06/29/1995
07/05/1995 07/05/1995 07/06/1995 07/06/1995 07/06/1995 07/10/1995 07/14/1995 07/14/1995 07/17/1995 07/21/1995
07/21/1995

motion to Amend certification of class to exclude persons who are under the jurisdiction of the Psychiatric Security Review Board (PSRB) by Albert J. Solnit, Judith Normandin, Lippner, Mullaney (Former Employee) (Entered: 06/29/1995)
242 OBJECTIONS by all defendants to [238-1] motion for Reconsideration of [0-0] order dated 6/16/95 re: [192-1] motion for Protective Order denying inspection of the Hospital for Special Care and of Cedarland Rehabilitation and other facilities by Mental Health, Mental Retardation, Mullaney, [189-1] motion in Limine to preclude evidence under FRE 401 by all defendants by Connecticut Traumati (Former Employee) (Entered: 06/29/1995)
243 MOTION by Connecticut Traumati in Limine regarding expert testimony (Brief Due 7/26/95 ) (Former Employee) (Entered: 07/06/1995)
244 MEMORANDUM by Connecticut Traumati in support of [243-1] motion in Limine regarding expert testimony by Connecticut Traumati (Former Employee) (Entered: 07/06/1995)
245 MOTION by Connecticut Traumati for permission to present oral argument on Motion for Reconsideration (Former Employee) (Entered: 07/06/1995)
246 MOTION by Connecticut Traumati to Extend Time to conduct depositions after deadline (Former Employee) (Entered: 07/06/1995)
265 MEMORANDUM by Connecticut Traumati in support of [245-1] motion for permission to present oral argument on Motion for Reconsideration by Connecticut Traumati (Jefferson, V.) (Entered: 08/02/1995)
247 OBJECTIONS by Mental Retardation, Mental Health to [235-1] motion for Order regarding discovery by Connecticut Traumati (Former Employee) (Entered: 07/11/1995)
248 REPLY by Connecticut Traumati to response to [235-1] motion for Order regarding discovery by Connecticut Traumati (Former Employee) (Entered: 07/17/1995)
249 APPEARANCE of Attorney for Connecticut Traumati -- Aileen M. Bell (Former Employee) (Entered: 07/17/1995)
250 Reply to [239-1] response by all defendants by Connecticut Traumati (Former Employee) (Entered: 07/17/1995)
251 REPLY by all defendants to response to [195-1] motion to Amend certification of class to exclude persons who are under the jurisdiction of the Psychiatric Security Review Board (PSRB) by Albert J. Solnit, Judith Normandin, Lippner, Mullaney (Former Employee) (Entered: 07/21/1995)
252 OBJECTIONS by all defendants to [245-1] motion for permission to present oral argument on Motion for Reconsideration by Connecticut Traumati (Former Employee) (Entered: 07/21/1995)

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07/21/1995 07/21/1995 07/21/1995 07/24/1995
07/24/1995 07/24/1995 07/24/1995 07/24/1995 07/24/1995 07/24/1995 07/24/1995 07/24/1995 07/24/1995 07/24/1995 07/24/1995

253 Supplemental COMPLIANCE with Section C of Trial Preparation Order by Connecticut Traumati (Former Employee) (Entered: 07/21/1995)
254 MEMORANDUM by Mental Retardation in opposition to [243-1] motion in Limine regarding expert testimony by Connecticut Traumati (Former Employee) (Entered: 07/24/1995)
255 AFFIDAVIT of Henry A. Salton by Mental Retardation Re [254-1] opposition memorandum by Mental Retardation (Former Employee) (Entered: 07/24/1995)
723 SUR-REPLY by Garrell S. Mullaney, Dennis Angelini to response to [145-1] motion in Limine to preclude the testimony of the expert witnesses designated by defendants in pretrial memorandum of 9/7/93 by Connecticut Traumati (Depino, F.) (Entered: 11/26/2002)
256 COURT Trial held Trial continued until 7/25/95 ( PCD) (Former Employee) (Entered: 07/26/1995)
274 MOTION by all plaintiffs to Compel Dr. McCarrick to produce of documents (Brief Due 8/14/95 ) (Former Employee) (Entered: 08/07/1995)
275 MEMORANDUM by all plaintiffs in support of [274-1] motion to Compel Dr. McCarrick to produce of documents by all plaintiffs (Former Employee) (Entered: 08/07/1995)
276 AFFIDAVIT of David C. Shaw by all plaintiffs Re [274-1] motion to Compel Dr. McCarrick to produce of documents by all plaintiffs (Former Employee) (Entered: 08/07/1995)
277 MOTION by all defendants to Quash subpoena of 7/19/95 served on Sue Mosimann (Former Employee) (Entered: 08/07/1995)
278 AFFIDAVIT of Sue Mosimann by all defendants Re [277-1] motion to Quash subpoena of 7/19/95 served on Sue Mosimann by all defendants (Former Employee) (Entered: 08/07/1995)
279 AFFIDAVIT of Dee O'Connor by all defendants Re [277-1] motion to Quash subpoena of 7/19/95 served on Sue Mosimann by all defendants (Former Employee) (Entered: 08/07/1995)
280 MOTION by all defendants to Quash subpoena served on Dr. Harold Maphet on7/21/95 (Former Employee) (Entered: 08/07/1995)
281 MOTION by all defendants to Quash subpoena of 7/20/95 served on Dr. Yunus Pothiawala (Former Employee) (Entered: 08/07/1995)
282 MOTION by all defendants for Protective Order Regarding preclusion of testimony by Nancy N. Ray (Former Employee) (Entered: 08/07/1995)
283 AFFIDAVIT of Henry A. Salton by all defendants Re [282-1] motion for Protective Order Regarding preclusion of testimony by Nancy N. Ray by all defendants (Former Employee) (Entered: 08/07/1995)

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07/25/1995 07/25/1995 07/25/1995 07/25/1995 07/25/1995 07/25/1995
07/25/1995 07/26/1995 07/28/1995 07/28/1995 07/31/1995 07/31/1995
08/01/1995 08/01/1995

257 MOTION by all defendants to Quash subpoena served on Michelle Jordan of Dept. of Social Services (Former Employee) (Entered: 07/26/1995)
258 MOTION by all defendants to Quash subpoena served on Linda Krell, Director of Medical Records at Connecticut Valley Hospital (Former Employee) (Entered: 07/26/1995)
259 MOTION by all defendants to Quash subpoena served on Grace Kupczak at Norwich Hospital (Former Employee) (Entered: 07/26/1995)
260 MOTION by all defendants to Quash subpoena served on Joyce Goldberg1 (Former Employee) (Entered: 07/26/1995)
261 MOTION by all defendants to Quash subpoena served on Laurie DiGalbo of Dept. of Social Services (Former Employee) (Entered: 07/26/1995)
MINUTE Entry: [261-1] motion to Quash subpoena served on Laurie DiGalbo of Dept. of Social Services under advisement, [260-1] motion to Quash subpoena served on Joyce Goldberg1 under advisement, [259-1] motion to Quash subpoena served on Grace Kupczak at Norwich Hospital under advisement, [258-1] motion to Quash subpoena served on Linda Krell, Director of Medical Records at Connecticut Valley Hospital under advisement, [257-1] motion to Quash subpoena served on Michelle Jordan of Dept. of Social Services under advisement ( PCD) (Former Employee) (Entered: 07/26/1995)
262 COURT Trial held Trial continued until 7/26/95 ( PCD) (Former Employee) (Entered: 07/26/1995)
263 COURT Trial held Trial continued until 7/28/95 ( PCD) (Former Employee) (Entered: 07/28/1995)
266 MOTION by Plaintiffs to Amend [130-1] amended complaint by plaintiffs (Jefferson, V.) (Entered: 08/02/1995)
288 COURT Trial held Trial continued until 7/31/95 ( PCD) (Former Employee) (Entered: 08/09/1995)
264 COURT Trial held Trial continued until 8/1/95 ( PCD) (Former Employee) (Entered: 08/01/1995)
267 MEMORANDUM by Connecticut Traumati in opposition to [192-1] motion for Protective Order denying inspection of the Hospital for Special Care and of Cedarland Rehabilitation and other facilities by Mental Health, Mental Retardation, Mullaney (Jefferson, V.) (Entered: 08/02/1995)
270 COURT Trial held Trial continued until 8/2/95 ( PCD) (Former Employee) (Entered: 08/03/1995)
299 TRANSCRIPT (testimony of Janice Moen) for dates of July 24, 1995 (Court reporter: Ghilardi]) (Former Employee) (Entered: 08/14/1995)

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08/02/1995 08/02/1995
08/02/1995 08/03/1995 08/03/1995
08/03/1995 08/04/1995 08/07/1995 08/08/1995

268 STIPULATION to plan for class members with mental retardation only by all defendants, all plaintiffs (Former Employee) (Entered: 08/03/1995)
268 ORDER, regarding stipulation as to plan for class members with mental retardation only: The defendants shall submit by 9/15/95 a plan to implement the requirements of the stipulation (SEE for details); plaintiffs objections due within 10days thereafter. The portion of this case relating to class members with mental retardation shall be dismissed at such time as the Fairfield Hills Hospital and Norwich Hospital are closed. The court shall retain continuing jurisdiction over this Stipulation and Order until such time as the case is dismissed set Status Report deadline to 9/15/95 ( signed by Chief Judge Peter C. Dorsey ) (Former Employee) (Entered: 08/03/1995)
271 COURT Trial held Trial continued until 8/3/95 ( PCD) (Former Employee) (Entered: 08/03/1995)
269 STATUS REPORT by all defendants (Former Employee) (Entered: 08/03/1995)
MINUTE Entry: denying without prejudice as ruled on in open court the five motions to quash subpoenas: [261-1] motion to Quash subpoena served on Laurie DiGalbo of Dept. of Social Services, denying [260-1] motion to Quash subpoena served on Joyce Goldberg1, denying [259-1] motion to Quash subpoena served on Grace Kupczak at Norwich Hospital, denying [258-1] to Quash subpoena served on Linda Krell, Director of Records at Connecticut Valley Hospital, denying [257-1] motion to Quash subpoena served on Michelle Jordan of Dept. of Social Services,; denying without prejudice as per discussion in open court [246-1] motion to Extend Time conduct depositions after deadline, denying [245-1] motion for permission to present oral argument on Motion for Reconsideration, denying [243-1] motion in Limine regarding expert testimony, denying without prejudice as moot the following motions: [238-1] motion for Reconsideration of [0-0] order dated 6/16/95 re: [192-1] motion for Protective Order denying inspection of the Hospital for Special Care and of Cedarland Rehabilitation and other facilities by Mental Health, Mental Retardation, Mullaney, [189-1] motion in Limine to preclude evidence under FRE 401 by all defendants, denying [235-1] motion for Order regarding discovery, denying [226-1] motion to substitute expert witness at trial Preston J. Walker for Joseph Zimmerman, denying [228-1] motion to Quash or Modify subpoena ( PCD) (Former Employee) (Entered: 08/03/1995)
272 COURT Trial held Trial continued until 8/4/95 ( PCD) (Former Employee) (Entered: 08/04/1995)
273 COURT Trial held Trial continued until 8/7/95 at 9:30 a.m. ( PCD) (Former Employee) (Entered: 08/07/1995)
284 COURT Trial held Trial continued until 8/8/95 at 10 a.m. ( PCD) (Former Employee) (Entered: 08/08/1995)
285 COURT Trial held Trial continued until 8/9/95 9:30 a.m. ( PCD) (Former

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08/09/1995 08/09/1995 08/09/1995 08/09/1995 08/09/1995
08/09/1995 08/09/1995 08/10/1995 08/10/1995 08/10/1995 08/10/1995 08/11/1995
08/11/1995 08/14/1995 08/14/1995

Employee) (Entered: 08/09/1995)
286 NOTICE of filing of acknowledgement of Duty Not to Disclose of Linda M. Detelich per protective order of 10/11/90 by all plaintiffs (Former Employee) (Entered: 08/09/1995)
287 NOTICE of filing of acknowledgement of duty not to disclose of Janice McMoen, per protective order of 10/11/90 by all plaintiffs (Former Employee) (Entered: 08/09/1995)
289 MOTION by all plaintiffs to admit excerpts of deposition testimony into evidence (Former Employee) (Entered: 08/09/1995)
290 MEMORANDUM by all plaintiffs in support of [289-1] motion to admit excerpts of deposition testimony into evidence by all plaintiffs (Former Employee) (Entered: 08/09/1995)
ENDORSEMENT granting [289-1] motion to admit excerpts of deposition testimony into evidence as stated on the record in open court ( signed by Chief Judge Peter C. Dorsey ) (Former Employee) (Entered: 08/09/1995)
291 MEMORANDUM by all defendants in opposition to [266-1] motion to Amend [130-1] amended complaint by plaintiffs by Connecticut Traumati (Former Employee) (Entered: 08/09/1995)
292 COURT Trial held Trial continued until 8/10/95 ( PCD) (Former Employee) (Entered: 08/10/1995)
293 Supplement to Section C of Trial Preparation Order by all plaintiffs (Former Employee) (Entered: 08/10/1995)
294 COURT Trial held Trial continued until 8/11/95 10:00 a.m. ( PCD) (Former Employee) (Entered: 08/10/1995)
300 TRANSCRIPT (of testimony of Dr. John Stanwood) for dates of July 26, 1995 (Court reporter: Ghilardi) (Former Employee) (Entered: 08/14/1995)
301 TRANSCRIPT for dates of August 1, 1995 (Court reporter: Ghilardi) (Former Employee) (Entered: 08/14/1995)
ENDORSEMENT granting in part, denying in part [274-1] motion to Compel Dr. McCarrick to produce documents: granted as to Exhibits F, L, U, and W; denied as to Exhibits D,E,K,O, Q,S, and T. ( signed by Chief Judge Peter C. Dorsey ) (Former Employee) (Entered: 08/11/1995)
297 COURT Trial held Trial continued until 8/14/95 9am ( PCD) (Former Employee) (Entered: 08/14/1995)
295 MOTION by all plaintiffs to preclude dft's expert witness Dr. Robert M. Rohrbaugh from testifying at trial. (Brief Due 9/4/95 ) (Former Employee) (Entered: 08/14/1995)
296 MEMORANDUM by all plaintiffs in support of [295-1] motion to

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08/14/1995 08/16/1995 08/28/1995 08/31/1995 09/05/1995 09/05/1995
09/06/1995 09/06/1995 09/06/1995 09/06/1995 09/06/1995 09/11/1995
09/12/1995

preclude dft's expert witness Dr. Robert M. Rohrbaugh from testifying at trial by all plaintiffs (Former Employee) (Entered: 08/14/1995)
298 COURT Trial held Trial continued until 8/16/95 ( PCD) (Former Employee) (Entered: 08/14/1995)
MEDICAL Records: re: patient Jeffrey J. Miller from Gaylord Hospital FILED UNDER SEAL (Former Employee) (Entered: 08/16/1995)
302 TRANSCRIPT (excerpt of direct testimony of Dr. Nancy K. Ray)1 for dates of August 3, 1995 (Court reporter: Ghilardi) (Former Employee) (Entered: 09/01/1995)
303 MOTION by all plaintiffs to Extend Time to submit motion for Attorney Fees and Costs to 10/2/95 (Former Employee) (Entered: 09/01/1995)
ENDORSEMENT granting [303-1] motion to Extend Time to submit motion for Attorney Fees and Costs to 10/2/95 ( signed by Chief Judge Peter C. Dorsey ) (Former Employee) (Entered: 09/05/1995)
304 ORDER: The parties are hereby noticed that the Court must receive some indication that the parties are pursuing immediate and active drafting of a consent decree. Otherwise, proceedings could recommence with 24-hour notice at any time after September 11, 1995. ( signed by Chief Judge Peter C. Dorsey ) (Former Employee) (Entered: 09/05/1995)
307 TRANSCRIPT (excerpt of testimony of Dr. Stephen Sarfaty) for dates of July 28, 1995 (Court reporter: Ghilardi) (Former Employee) (Entered: 09/27/1995)
308 TRANSCRIPT (excerpt of testimony of Dr. Nancy K. Ray) for dates of August 3, 1995 (Court reporter: Ghilardi) (Former Employee) (Entered: 09/27/1995)
309 TRANSCRIPT (excerpt of continued testimony of Dr. Nancy K. Ray) for dates of August 4, 1995 (Court reporter: Ghilardi) (Former Employee) (Entered: 09/27/1995)
310 TRANSCRIPT (excerpt of testimony of Linda Rammler) for dates of August 4, 1995 (Court reporter: Ghilardi) (Former Employee) (Entered: 09/27/1995)
311 TRANSCRIPT (excerpt of testimony of Dr. Mary McNamara) for dates of August 7, 1995 (Court reporter: Ghilardi) (Former Employee) (Entered: 09/27/1995)
305 ORDER: Pursuant to the meeting schedule outlined by defendants in their Sept. 7, 1995 report on settlement efforts, the parties will meet with Attorney Cousins on Oct. 2, 1995 at 9:00 a.m. at the courthouse. Commissioner Solnit and Ms. Detelich shall both be present at this meeting. ( signed by Chief Judge Peter C. Dorsey ) (Former Employee) (Entered: 09/12/1995)
306 MOTION by all defendants to Extend Time to file draft implementation

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09/19/1995
09/27/1995 09/29/1995 09/29/1995 09/29/1995 10/06/1995 10/06/1995
10/16/1995 10/17/1995 10/17/1995 10/17/1995 10/18/1995 10/24/1995

plan to 10/6/95 (Former Employee) (Entered: 09/12/1995)
ENDORSEMENT: The defendants shall file the draft implementation plan as required by the Stipulation and Order agreed by the parties on or before 10/16/95 granting [306-1] motion to Extend Time to file draft implementation plan to 10/6/95 ( signed by Chief Judge Peter C. Dorsey ) (Former Employee) (Entered: 09/19/1995)
315 TRANSCRIPT (excerpt of testimony of Amelia Eaton) for dates of July 24, 1995 (Court reporter: Ghilardi) (Former Employee) (Entered: 09/29/1995)
312 MOTION by all plaintiffs for Costs and Fees (Brief Due 10/20/95 ) (Former Employee) (Entered: 09/29/1995)
313 MEMORANDUM by all plaintiffs in support of [312-1] motion for Costs and Fees by all plaintiffs (Former Employee) (Entered: 09/29/1995)
314 AFFIDAVIT of David C. Shaw by all plaintiffs Re [312-1] motion for Costs and Fees by all plaintiffs (Former Employee) (Entered: 09/29/1995)
316 NOTICE of filing of IMPLEMENTATION PLAN by all defendants (Former Employee) (Entered: 10/11/1995)
317 IMPLEMENTATION PLAN FOR THE STIPULATION AND ORDER RELATING TO CLASS MEMBERS WITH MENTAL RETARDATION by all defendants with [316-1] notice by all defendants, [268-1] pursuant to order of August 3, 1995 (Former Employee) (Entered: 10/11/1995)
318 OBJECTION by all plaintiffs re: [317-1] IMPLEMENTATION PLAN by all defendants (Former Employee) (Entered: 10/17/1995)
320 TRANSCRIPT for dates of July 25, 1995 (excerpt of testimonies of Carol Scully and Robert Scully) (Court reporter: Ghilardi) (Former Employee) (Entered: 10/23/1995)
321 TRANSCRIPT for dates of July 26, 1995 (excerpt of testimony of Nicholas Crane) (Court reporter: Ghilardi) (Former Employee) (Entered: 10/23/1995)
322 TRANSCRIPT for dates of July 31, 1995 (excerpt of testimony of Burton Hawley) (Court reporter: Ghilardi) (Former Employee) (Entered: 10/23/1995)
319 MOTION by all defendants to Extend Time to respond to Motion for Attorneys' Fees and Costs, to 11/17/95 (Jefferson, V.) (Entered: 10/19/1995)
ENDORSEMENT granting [319-1] motion to Extend Time to respond to Motion for Attorneys' Fees and Costs, to 11/17/95, Brief Deadline set for 11/17/95 [312-1] motion for Costs and Fees ( signed by Chief Judge Peter C. Dorsey ) (Former Employee) (Entered: 10/24/1995)

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10/30/1995 11/17/1995 11/28/1995 12/04/1995
12/05/1995 12/05/1995 12/05/1995 12/06/1995 12/06/1995 12/07/1995
12/07/1995 12/15/1995

323 APPEARANCE of Attorney for Linda Salafia, Garrell S. Mullaney, Lewis Lippner, Margot Hall, Judith Normandin, Albert J. Solnit -- Peter L. Brown, Richard J. Lynch (Former Employee) (Entered: 10/31/1995)
324 MEMORANDUM by all defendants in opposition to [312-1] motion for Costs and Fees by all plaintiffs (Former Employee) (Entered: 11/17/1995)
325 MOTION by all plaintiffs to Extend Time to file reply brief to defendants' response to plaintiffs' motion for attorneys' fees to 12/5/95 (Former Employee) (Entered: 11/30/1995)
ENDORSEMENT granting [325-1] motion to Extend Time to file reply brief to defendants' response to plaintiffs' motion for attorneys' fees to 12/5/95, Brief Deadline set for 12/5/95 [312-1] motion for Costs and Fees ( signed by Chief Judge Peter C. Dorsey ) (Former Employee) (Entered: 12/04/1995)
326 MOTION by all plaintiffs for Leave to File brief in excess of page limit in reply to defendants' opposition to motion for attorneys' fees (Former Employee) (Entered: 12/05/1995)
327 MOTION by all plaintiffs for Costs and attorney fees AFTER September 26, 1995 (Brief Due 12/26/95 ) (Former Employee) (Entered: 12/05/1995)
328 AFFIDAVIT of David C. Shaw by all plaintiffs Re [327-1] motion for Costs and attorney fees AFTER September 26, 1995 by all plaintiffs (Former Employee) (Entered: 12/05/1995)
ENDORSEMENT granting [326-1] motion for Leave to File brief in excess of page limit in reply to defendants' opposition to motion for attorneys' fees ( signed by Chief Judge Peter C. Dorsey ) (Jefferson, V.) (Entered: 12/06/1995)
329 REPLY by all plaintiffs to response to [312-1] motion for Costs and Fees by all plaintiffs (Jefferson, V.) (Entered: 12/06/1995)
330 ORDER The following motions are denied without prejudice to renew due to the pending stay of trial: denying [295-1] motion to preclude dft's expert witness Dr. Robert M. Rohrbaugh from testifying at trial., denying [282-1] motion for Protective Order Regarding preclusion of testimony by Nancy N. Ray, denying [281-1] motion to Quash subpoena of 7/20/95 served on Dr. Yunus Pothiawala, denying [280-1] motion to Quash subpoena served on Dr. Harold Maphet on7/21/95, denying [277-1] motion to Quash subpoena of 7/19/95 served on Sue Mosimann ( signed by Chief Judge Peter C. Dorsey ) (Former Employee) (Entered: 12/07/1995)
331 NOTICE of placement plan for class members with mental retardation in response to imminent closure of Fairfield Hills Hospital by all defendants (Former Employee) (Entered: 12/08/1995)
332 NOTICE of comments to placement plan for classmembers with mental

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12/28/1995 01/10/1996 01/10/1996 01/22/1996 01/22/1996 01/31/1996 01/31/1996 03/18/1996 03/18/1996 03/20/1996 03/27/1996
03/27/1996

retardation by all plaintiffs (Former Employee) (Entered: 12/18/1995)
333 TRANSCRIPT for dates of August 11, 1995 (Court reporter: Ghilardi) (Former Employee) (Entered: 01/09/1996)
ENDORSEMENT granting [327-1] motion for Costs and attorney fees AFTER September 26, 1995 absent objection ( signed by Chief Judge Peter C. Dorsey ) (Former Employee) (Entered: 01/10/1996)
334 TRANSCRIPT for dates of August 14, 1995 (Court reporter: Ghilardi) (Former Employee) (Entered: 01/18/1996)
335 MOTION by all defendants to Vacate endorsement granting [327-1] motion for Costs and attorney fees AFTER September 26, 1995 by all plaintiffs (Brief Due 2/12/96 ) (Former Employee) (Entered: 01/22/1996)
336 MEMORANDUM by all defendants in support of [335-1] motion to Vacate endorsement granting [327-1] motion for Costs and attorney fees AFTER September 26, 1995 by all plaintiffs by all defendants (Former Employee) (Entered: 01/22/1996)
337 MOTION by Connecticut Traumati for Attorney Fees for additional time (Former Employee) (Entered: 02/01/1996)
338 MEMORANDUM by Connecticut Traumati in opposition to [335-1] motion to Vacate endorsement granting [327-1] motion for Costs and attorney fees AFTER September 26, 1995 by all plaintiffs by all defendants (Former Employee) (Entered: 02/01/1996)
ENDORSEMENT granting [335-1] motion to Vacate endorsement granting [327-1] motion for Costs and attorney fees AFTER September 26, 1995 by all plaintiffs ( signed by Chief Judge Peter C. Dorsey ) (Former Employee) (Entered: 03/18/1996)
340 MEMORANDUM by all defendants in opposition to [327-1] motion for Costs and attorney fees AFTER September 26, 1995 by all plaintiffs (Former Employee) (Entered: 03/18/1996)
341 Settlement Conference held ( pcd) (Former Employee) (Entered: 03/20/1996)
ENDORSEMENT denying without prejudice to renew [266-1] motion to Amend [130-1] amended complaint by plaintiffs: Trial in this case has been stayed and settlement negotiations are ongoing. This ruling should not be construed to address the merits of the motion, in particular, the due process claims of class members transferred to allegedly inadequately supervised placements ( signed by Chief Judge Peter C. Dorsey ) (Former Employee) (Entered: 03/27/1996)
ENDORSEMENT denying without prejudice to renew [195-1] motion to Amend certification of class to exclude persons who are under the jurisdiction of the Psychiatric Security Review Board (PSRB): Trial has been stayed and settlement negotiations are ongoing. This ruling should not be construed to address the merits underlying the motion, in

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04/02/1996 04/02/1996 06/18/1996 06/19/1996 06/24/1996 08/22/1996
09/06/1996 09/06/1996 09/09/1996

particular, whether the class should be amended to exclude persons under the jurisdiction of the PSRB ( signed by Chief Judge Peter C. Dorsey ) (Former Employee) (Entered: 03/27/1996)
342 Letter MOTION by all plaintiffs to Amend [327-1] motion for Costs and attorney fees AFTER September 26, 1995 by all plaintiffs, [312-1] motion for Costs and Fees by all plaintiffs (Former Employee) (Entered: 04/02/1996)
ENDORSEMENT treating letter as motion to amend plaintiffs' motions for attorney's fees, granting [342-1] motion to Amend [327-1] motion for Costs and attorney fees AFTER September 26, 1995 by all plaintiffs, [312-1] motion for Costs and Fees by all plaintiffs ( signed by Chief Judge Peter C. Dorsey ) (Former Employee) (Entered: 04/02/1996)
343 MOTION by all plaintiffs to Extend Time with respect to settlement/status conference to 6/24 or 6/25/96 (Former Employee) (Entered: 06/18/1996)
ENDORSEMENT granting [343-1] motion to Extend Time with respect to settlement/status conference to 6/24 or 6/25/96: conference is rescheduled to Monday June 24, 1996 at 9:00 am with pjo cousins ( signed by Chief Judge Peter C. Dorsey ) (Former Employee) (Entered: 06/19/1996)
344 Settlement Conference held ( pjo cousins) (Former Employee) (Entered: 06/24/1996)
345 RULING granting in part, denying in part [337-1] motion for Attorney Fees for additional time, granting in part, denying in part [327-1] motion for Costs and attorney fees AFTER September 26, 1995, granting in part, denying in part [312-1] motion for Costs and Fees: Plaintiffs are awarded $101,503.25 in attorney's fees and $3,857.68 in costs ( signed by Chief Judge Peter C. Dorsey ) (Former Employee) (Entered: 08/23/1996)
346 MOTION by all plaintiffs for Reconsideration of [345-1] order dated 8/22/96 re: [337-1] motion for Attorney Fees for additional time, [327-1] motion for Costs and attorney fees AFTER September 26, 1995, [312-1] motion for Costs and Fees (Brief Due 9/27/96 ) (Former Employee) (Entered: 09/06/1996)
347 MEMORANDUM by all plaintiffs in support of [346-1] motion for Reconsideration of [345-1] order dated 8/22/96 re: [337-1] motion for Attorney Fees for additional time, [327-1] motion for Costs and attorney fees AFTER September 26, 1995, [312-1] motion for Costs and Fees (Former Employee) (Entered: 09/06/1996)
ENDORSEMENT granting [346-1] motion for Reconsideration of [3451] order dated 8/22/96 re: [337-1] motion for Attorney Fees for additional time, [327-1] motion for Costs and attorney fees AFTER September 26, 1995, [312-1] motion for Costs and Fees; prior rulings adhered to. ( signed by Chief Judge Peter C. Dorsey ) (Former Employee) (Entered: 09/09/1996)

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10/28/1996 10/31/1996 11/12/1996 11/12/1996 11/12/1996 11/14/1996 11/14/1996 11/14/1996 11/15/1996 11/15/1996
11/19/1996

349 MEMORANDUM by Connecticut Traumati in support of [348-1] motion for Clarification of definition of the plaintiff subclass of brain injured persons (Former Employee) (Entered: 10/31/1996)
348 MOTION by Connecticut Traumati for Clarification of definition of the plaintiff subclass of brain injured persons (Brief Due 11/21/96 ) (Former Employee) (Entered: 10/31/1996)
350 MOTION by all defendants to Strike [348-1] motion for Clarification of definition of the plaintiff subclass of brain injured persons by Connecticut Traumati, [349-1] support memorandum by Connecticut Traumati (Brief Due 12/3/96 ) (Former Employee) (Entered: 11/12/1996)
351 MEMORANDUM by all defendants in support of [350-1] motion to Strike [348-1] motion for Clarification of definition of the plaintiff subclass of brain injured persons by Connecticut Traumati, [349-1] support memorandum by Connecticut Traumati (Former Employee) (Entered: 11/12/1996)
352 MOTION by all defendants to Extend Time to file response to motion to clarify class certification by 20 days (Former Employee) (Entered: 11/12/1996)
ENDORSEMENT granting in part, denying in part [352-1] motion to Extend Time to file response to motion to clarify class certification by 20 days: deadline for response shall be set at the time the court rules on the pending motion to strike ( signed by Chief Judge Peter C. Dorsey ) (Former Employee) (Entered: 11/14/1996)
353 OBJECTION by Connecticut Traumati re: [352-1] motion to Extend Time to file response to motion to clarify class certification by 20 days by all defendants (Former Employee) (Entered: 11/14/1996)
354 MEMORANDUM by Connecticut Traumati in opposition to [350-1] motion to Strike [348-1] motion for Clarification of definition of the plaintiff subclass of brain injured persons by Connecticut Traumati, [3491] support memorandum by Connecticut Traumati by all defendants (Former Employee) (Entered: 11/14/1996)
355 MOTION by all defendants to Extend Time to respond to motion to clarify class certification by twenty days (Former Employee) (Entered: 11/15/1996)
356 ORDER denying [350-1] motion to Strike [348-1] motion for Clarification of definition of the plaintiff subclass of brain injured persons by Connecticut Traumati, [349-1] support memorandum by Connecticut Traumati, Brief Deadline set for 12/4/96 [348-1] motion for Clarification of definition of the plaintiff subclass of brain injured persons ( signed by Chief Judge Peter C. Dorsey ) (Former Employee) (Entered: 11/15/1996)
ENDORSEMENT denyingas moot [355-1] motion to Extend Time to respond to motion to clarify class certification by twenty days ( signed by

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11/27/1996 12/03/1996
12/11/1996 12/17/1996
12/20/1996 12/23/1996 01/07/1997 01/17/1997
01/21/1997
01/23/1997 02/13/1997

Chief Judge Peter C. Dorsey ) (Former Employee) (Entered: 11/19/1996)
357 MOTION by all defendants to Extend Time to Dec. 14, 1996, to respond to Mo. to Clarify Class Definition (Former Employee) (Entered: 11/27/1996)
ENDORSEMENT granting [357-1] motion to Extend Time to Dec. 14, 1996, to respond to Mo. to Clarify Class Definition, Brief Deadline set for 12/14/96 [348-1] motion for Clarification of definition of the plaintiff subclass of brain injured persons ( signed by Chief Judge Peter C. Dorsey ) (Former Employee) (Entered: 12/03/1996)
358 MOTION by all defendants to Extend Time to respond to motion to clarify class definition of 10/31/96 to 12/19/96 (Former Employee) (Entered: 12/11/1996)
ENDORSEMENT granting [358-1] motion to Extend Time to respond to motion to clarify class definition of 10/31/96 to 12/19/96, Brief Deadline set for 12/19/96 [348-1] motion for Clarification of definition of the plaintiff subclass of brain injured persons ( signed by Chief Judge Peter C. Dorsey ) (Former Employee) (Entered: 12/17/1996)
359 MEMORANDUM by all defendants in opposition to [348-1] motion for Clarification of definition of the plaintiff subclass of brain injured persons by Connecticut Traumati (Former Employee) (Entered: 12/20/1996)
360 Exhibits by all defendants to [359-1] opposition memorandum by all defendants (Former Employee) (Entered: 12/23/1996)
361 MOTION by Connecticut Traumati to Extend Time to respond to defendant's opposition to motion for clarification of class definition to 1/20/97 (Former Employee) (Entered: 01/07/1997)
ENDORSEMENT granting [361-1] motion to Extend Time to respond to defendant's opposition to motion for clarification of class definition to 1/20/97, Brief Deadline set for 1/20/97 [348-1] motion for Clarification of definition of the plaintiff subclass of brain injured persons ( signed by Chief Judge Peter C. Dorsey ) (Former Employee) (Entered: 01/17/1997)
362 REPLY by David Smith, Robert Scully Jr., Ramona Medina, Burton Hawley Jr., Joseph Green, Connecticut Traumatic, Connecticut Assoc., Chapman to response to [348-1] motion for Clarification of definition of the plaintiff subclass of brain injured persons by Connecticut Traumatic (Lopez, B.) (Entered: 01/21/1997)
363 REPLY by Mental Health to response to [348-1] motion for Clarification of definition of the plaintiff subclass of brain injured persons by Connecticut Traumati (Lopez, B.) (Entered: 01/24/1997)
364 ORDER granting [348-1] motion for Clarification of definition of the etiology of the plaintiff subclass of brain injured persons to include those having any combination of focal and diffuse system dysfunctions, both immediate and/or delayed, at the brain stem level and above. Such

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02/28/1997 02/28/1997 03/06/1997 03/14/1997
03/14/1997 03/17/1997 03/19/1997
03/20/1997 04/02/1997 04/11/1997 04/23/1997

dysfunctions may be acquired or sustained through the intervention of any external forces on the body, oxygen deprivation, infection, toxicity, surgery, and vascular disorders not associated with aging. Developmental or degenerative dysfunctions are not included. Parties to meet w/pjo cousins 4/2/97 ( signed by Chief Judge Peter C. Dorsey ) (Former Employee) (Entered: 02/13/1997)
365 MOTION by all defendants for Reconsideration of [364-1] order dated 2/13/97 re: [348-1] motion for Clarification of definition of the plaintiff subclass of brain injured persons (Brief Due 3/21/97 ) (Former Employee) (Entered: 03/03/1997)
366 MEMORANDUM by all defendants in support of [365-1] motion for Reconsideration of [364-1] order dated 2/13/97 re: [348-1] motion for Clarification of definition of the plaintiff subclass of brain injured persons (Former Employee) (Entered: 03/03/1997)
367 MOTION by all defendants to Extend Time to 30 days after ruling on motion for reconsideration to disclose additional discovery (Former Employee) (Entered: 03/06/1997)
ENDORSEMENT granting in part, denying in part [367-1] motion to Extend Time to 30 days after ruling on motion for reconsideration to disclose additional discovery: The deadline for disclosure of additional discovery is stayed. A new deadline shall issue upon the ruling on the motion for reconsideration. ( signed by Chief Judge Peter C. Dorsey ) (Former Employee) (Entered: 03/14/1997)
369 NOTICE OF INTERLOCUTORY APPEAL of [364-1] order by all defendants , Certified Copy of Inter. Appeal and Docket mailed to USCA. (Villano, P.) (Entered: 03/19/1997)
368 OBJECTION by all plaintiffs re: [367-1] motion to Extend Time to 30 days after ruling on motion for reconsideration to disclose additional discovery by all defendants (Former Employee) (Entered: 03/17/1997)
370 ORDER: Defendants have filed a notice of appeal of the ruling on motion for clarification of class certification of 2/13/97, accordingly denying without prejudice [365-1] motion for Reconsideration as the court is without jurisdiction, and vacating order re: [367-1] motion to Extend Time for discovery. Since the motion for reconsideration is no longer pending, defendants are without that basis to seek the extension. ( by Chief Judge Peter C. Dorsey ) (Former Employee) (Entered: 03/19/1997)
USCA appeal fees received $ 105.00, Receipt # 156976 (Villano, P.) (Entered: 03/20/1997)
371 Settlement Conference held ( pjo cousins) (Former Employee) (Entered: 04/04/1997)
372 Scheduling Order from USCA regarding [369-1] appeal by all defendants USCA Number: 97-7350 (Montgomery, C.) (Entered: 04/11/1997)
373 ORDER: Based on representations in a letter to PJO Cousins of 4/17/97;

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05/05/1997 05/05/1997
05/05/1997
05/12/1997 05/14/1997 05/14/1997 05/16/1997
05/19/1997 05/22/1997
06/02/1997 06/02/1997

parties agree that court will consider defendants' motion seeking a permissive appeal under 28USC1292b; the matter will be considered as if renewed on the record as of 5/9/97 ( signed by Chief Judge Peter C. Dorsey ) (Former Employee) (Entered: 04/23/1997)
374 MOTION by all defendants to Extend Time for consideration of renewal of motion for reconsideration of ruling on motion to clarify subclass to the record as it may exist as of 5/27/97 (Former Employee) (Entered: 05/07/1997)
375 MOTION by all defendants for amended Order , pursuant to 28USC1292 ,and for Reconsideration of [364-1] order dated 2/13/97 re: [348-1] motion for Clarification of definition of the plaintiff subclass of brain injured persons (Brief Due 5/26/97 ) (Former Employee) (Entered: 05/07/1997)
376 MEMORANDUM by all defendants in support of [375-1] motion for amended Order , pursuant to 28USC1292, [375-2] motion for Reconsideration of [364-1] order dated 2/13/97 re: [348-1] motion for Clarification of definition of the plaintiff subclass of brain injured persons (Former Employee) (Entered: 05/07/1997)
377 MANDATE OF USCA (certified copy) dated 5/6/97 withdrawing [3691] appeal ( Lange, III, Clerk) (Villano, P.) (Entered: 05/19/1997)
INDEX to Record on Appeal mailed to USCA: [369-1] appeal by all defendants (Villano, P.) (Entered: 05/14/1997)
FIRST SUPPLEMENTAL Index to Record on Appeal mailed to USCA re: [369-1] appeal by all defendants (Villano, P.) (Entered: 05/14/1997)
ENDORSEMENT granting [374-1] motion to Extend Time for consideration of renewal of motion for reconsideration of ruling on motion to clarify subclass to the record as it may exist as of 5/27/97 ( signed by Chief Judge Peter C. Dorsey ) (Former Employee) (Entered: 05/20/1997)
378 MOTION by all plaintiffs to Extend Time to 6/3/97 to respond to memorandum in support of motion for reconsideration (Former Employee) (Entered: 05/20/1997)
ENDORSEMENT granting [378-1] motion to Extend Time to 6/3/97 to respond to memorandum in support of motion for reconsideration, Brief Deadline set for 6/3/97 [375-1] motion for amended Order , pursuant to 28USC1292, set for 6/3/97 [375-2] motion for Reconsideration of [3641] order dated 2/13/97 re: [348-1] motion for Clarification of definition of the plaintiff subclass of brain injured persons ( signed by Chief Judge Peter C. Dorsey ) (Former Employee) (Entered: 05/22/1997)
379 MOTION by Kettlebrook Health, AHF/Connecticut for Marcella Hourihane to Withdraw as Attorney (Former Employee) (Entered: 06/02/1997)
380 MOTION by Bidwell Health Care for Marcella Hourihane to Withdraw

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06/03/1997 06/04/1997 06/04/1997 06/04/1997 06/10/1997 06/18/1997
06/25/1997
06/27/1997

as Attorney (Former Employee) (Entered: 06/02/1997)
381 MOTION by all plaintiffs for Order clarifying the court's order re motion to clarify such that all persons with Acquired Brain Injuries admitted to state hospitals or DMH funded services in the future will be included in the class (Brief Due 6/24/97 ) (Former Employee) (Entered: 06/04/1997)
ENDORSEMENT granting [379-1] motion for Marcella Hourihane to Withdraw as Attorney (Terminated attorney Marcella A. Hourihane for Bidwell Health Care, attorney Marcella A. Hourihane for AHF/Connecticut, attorney Marcella A. Hourihane for Kettlebrook Health ( signed by Chief Judge Peter C. Dorsey ) (Former Employee) (Entered: 06/04/1997)
ENDORSEMENT granting [380-1] motion for Marcella Hourihane to Withdraw as Attorney see endorsement on doc. #379 ( signed by Chief Judge Peter C. Dorsey ) (Former Employee) (Entered: 06/04/1997)
382 MEMORANDUM by all plaintiffs in opposition to [375-2] motion for Reconsideration of [364-1] order dated 2/13/97 re: [348-1] motion for Clarification of definition of the plaintiff subclass of brain injured persons by all defendants (Former Employee) (Entered: 06/04/1997)
383 JOINT MOTION by all defendants to Extend Time to 6/25/97 to respond to memorandum in opposition to defendants' motion for reconsideration (Inferrera, L.) (Entered: 06/11/1997)
ENDORSEMENT granting [383-1] joint motion to Extend Time to 6/25/97 to respond to memorandum in opposition to defendants' motion for reconsideration, Brief Deadline set for 6/24/97 [381-1] motion for Order clarifying the court's order re motion to clarify such that all persons with Acquired Brain Injuries admitted to state hospitals or DMH funded services in the future will be included in the class, set for 6/25/97 [375-1] motion for amended Order , pursuant to 28USC1292, set for 6/25/97 [375-2] motion for Reconsideration of [364-1] order dated 2/13/97 re: [348-1] motion for Clarification of definition of the plaintiff subclass of brain injured persons ( signed by Chief Judge Peter C. Dorsey ) (Former Employee) (Entered: 06/19/1997)
384 OBJECTIONS by all defendants to [381-1] motion for Order clarifying the court's order re motion to clarify such that all persons with Acquired Brain Injuries admitted to state hospitals or DMH funded services in the future will be included in the class by all plaintiffs, [375-1] motion for amended Order , pursuant to 28USC1292 by all defendants, [375-2] motion for Reconsideration of [364-1] order dated 2/13/97 re: [348-1] motion for Clarification of definition of the plaintiff subclass of brain injured persons by all defendants (Former Employee) (Entered: 06/25/1997)
Motion hearing re: [381-1] motion for Order clarifying the court's order re motion to clarify such that all persons with Acquired Brain Injuries admitted to state hospitals or DMH funded services in the future will be included in the class by all plaintiffs set at 6/25/97, [375-1] motion for

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06/27/1997
06/27/1997
08/01/1997 08/07/1997 08/11/1997
08/22/1997 08/22/1997 03/26/1998

amended Order , pursuant to 28USC1292 by all defendants set at 6/25/97, [375-2] motion for Reconsideration of [364-1] order dated 2/13/97 re: [348-1] motion for Clarification of definition of the plaintiff subclass of brain injured persons by all defendants set at 6/25/97 ( pcd) (Former Employee) (Entered: 06/27/1997)
385 Motion hearing held re: [381-1] motion for Order clarifying the court's order re motion to clarify such that all persons with Acquired Brain Injuries admitted to state hospitals or DMH funded services in the future will be included in the class by all plaintiffs, [375-1] motion for amended Order , pursuant to 28USC1292 by all defendants, [375-2] motion for Reconsideration of [364-1] order dated 2/13/97 re: [348-1] motion for Clarification of definition of the plaintiff subclass of brain injured persons by all defendants ( pcd) (Former Employee) (Entered: 06/27/1997)
MINUTE Entry: re: [381-1] motion for Order clarifying the court's order re motion to clarify such that all persons with Acquired Brain Injuries admitted to state hospitals or DMH funded services in the future will be included in the class, re: [375-1] motion for amended Order , pursuant to 28USC1292, re: [375-2] motion for Reconsideration of [364-1] order dated 2/13/97 re: [348-1] motion for Clarification of definition of the plaintiff subclass of brain injured persons ( pcd) (Former Employee) (Entered: 06/27/1997)
386 Supplemental Memorandum of Law in Support of Defendants' Objection to [375-2] motion for Reconsideration of [364-1] order dated 2/13/97 re: [348-1] motion for Clarification of definition of the plaintiff subclass of brain injured persons by all defendants (Inferrera, L.) (Entered: 08/04/1997)
387 MOTION by all plaintiffs to Extend Time until 8/22/97 to file brief in opposition to motion for reconsideration (Sherman, M.) (Entered: 08/07/1997)
ENDORSEMENT granting [387-1] motion to Extend Time until 8/22/97 to file brief in opposition to defendant's Supplemental Memorandum of Law in Support of Defendant's Objection dated 8/1/97 to motion for reconsideration, Brief Deadline set for 8/22/97 [375-2] motion for Reconsideration of [364-1] order dated 2/13/97 re: [348-1] motion for Clarification of definition of the plaintiff subclass of brain injured persons ( signed by Chief Judge Peter C. Dorsey ) (Former Employee) (Entered: 08/12/1997)
388 REPLY by all plaintiffs to response to [365-1] motion for Reconsideration of [364-1] order dated 2/13/97 re: [348-1] motion for Clarification of definition of the plaintiff subclass of brain injured persons by all defendants (Cody, C.) (Entered: 08/25/1997)
389 APPEARANCE of Attorney for all plaintiffs -- Elam Lantz Jr. (Collins, S.) (Entered: 08/25/1997)
390 RULING denying [375-1] motion for amended Order , pursuant to

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04/13/1998 04/17/1998 04/22/1998 04/28/1998 05/18/1998 05/19/1998
05/19/1998
05/19/1998 05/19/1998 05/20/1998 05/20/1998 05/20/1998 06/05/1998

28USC1292, granting [375-2] motion for Reconsideration of [364-1] order dated 2/13/97 re: [348-1] motion for Clarification of definition of the plaintiff subclass of brain injured persons, denying [381-1] motion for Order clarifying the court's order re motion to clarify such that all persons with Acquired Brain Injuries admitted to state hospitals or DMH funded services in the future will be included in the class ( signed by Judge Peter C. Dorsey ) 2 Page(s) (Former Employee) (Entered: 03/26/1998)
391 MOTION by all defendants for Clarification of [390-1] order (Brief Due 5/4/98 ) (Depino, F.) (Entered: 04/13/1998)
392 ORDER, SEE FOR DETAILS reset Discovery deadline to 7/17/98 ( signed by Judge Peter C. Dorsey ) (Depino, F.) (Entered: 04/17/1998)
393 OBJECTIONS by all plaintiffs to [391-1] motion for Clarification of [390-1] order by all defendants (Depino, F.) (Entered: 04/22/1998)
394 REPLY by all defendants to response to [391-1] motion for Clarification of [390-1] order by all defendants (Depino, F.) (Entered: 04/28/1998)
395 MOTION by Garrell S. Mullaney to Withdraw [391-1] motion for Clarification of [390-1] order by all defendants (Depino, F.) (Entered: 05/18/1998)
396 MOTION by Albert J. Solnit, Judith Normandin, William W. Backus, Linda Salafia, Garrell S. Mullaney, Mental Retardation, Mental Health, Lewis Lippner, Margot Hall to Stay Case (Brief Due 6/9/98 ) (Former Employee) (Entered: 05/19/1998)
397 MEMORANDUM by Albert J. Solnit, Judith Normandin, William W. Backus, Linda Salafia, Garrell S. Mullaney, Mental Retardation, Mental Health, Lewis Lippner, Margot Hall in support of [396-1] motion to Stay Case (Former Employee) (Entered: 05/19/1998)
398 ORDER granting [391-1] motion for Clarification of [390-1] order SEE ORDER FOR DETAILS ( signed by Judge Peter C. Dorsey ) (Depino, F.) (Entered: 05/19/1998)
399 RULING denying [396-1] motion to Stay Case SEE RULING FOR OTHER DETAILS ( signed by Judge Peter C. Dorsey ) 2 Page(s) (Depino, F.) (Entered: 05/20/1998)
ENDORSEMENT denying [396-1] motion to Stay Case ( signed by Judge Peter C. Dorsey ) (Depino, F.) (Entered: 05/20/1998)
ENDORSEMENT denying [396-1] motion to Stay Case ( signed by Judge Peter C. Dorsey ) (Depino, F.) (Entered: 05/20/1998)
ENDORSEMENT denying [395-1] motion to Withdraw [391-1] motion for Clarification of [390-1] order by all defendants ( signed by Judge Peter C. Dorsey ) (Depino, F.) (Entered: 05/20/1998)
400 MANDATE OF USCA (certified copy) dated 5/27/98 denying [396-1] motion to Stay Case ( George Lange III) (Montgomery, C.) (Entered:

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06/17/1998 06/17/1998 06/22/1998 06/23/1998 06/26/1998
06/26/1998
07/01/1998 07/01/1998
07/01/1998 07/02/1998 07/06/1998 07/06/1998
07/09/1998

06/08/1998)
401 MOTION by Garrell S. Mullaney for Permission to exceed interrogatory number limit (Depino, F.) (Entered: 06/17/1998)
402 AFFIDAVIT of Henry Salton Re [401-1] motion for Permission to exceed interrogatory number limit by Garrell S. Mullaney (Depino, F.) (Entered: 06/17/1998)
403 MOTION by all plaintiffs, all defendants to Modify [392-1] scheduling order so that discovery is completed by 7/15/98 and amended trial memoranda is filed by 7/31/98 (Depino, F.) (Entered: 06/23/1998)
404 OBJECTIONS by all plaintiffs to [401-1] motion for Permission to exceed interrogatory number limit by Garrell S. Mullaney (Depino, F.) (Entered: 06/23/1998)
ENDORSEMENT granting [403-1] motion to Modify [392-1] scheduling order so that discovery is completed by 7/15/98 and amended trial memoranda is filed by 7/31/98, reset Discovery deadline to 9/28/98 ( signed by Judge Peter C. Dorsey ) (Depino, F.) (Entered: 06/26/1998)
ENDORSEMENT denying [401-1] motion for Permission to exceed interrogatory number limit; previously filed interrogatories are applicable ( signed by Judge Peter C. Dorsey ) (Former Employee) (Entered: 06/26/1998)
405 MOTION by Albert J. Solnit, Judith Normandin, Garrell S. Mullaney, Lewis Lippner for Protective Order Regarding experts tour of community residences (Brief Due 7/22/98 ) (Depino, F.) (Entered: 07/01/1998)
406 MEMORANDUM by Albert J. Solnit, Judith Normandin, Garrell S. Mullaney, Lewis Lippner in support of [405-1] motion for Protective Order Regarding experts tour of community residences (Depino, F.) (Entered: 07/01/1998)
407 MOTION by Albert J. Solnit, Judith Normandin, Garrell S. Mullaney, Lewis Lippner for Thomas York to Appear Pro Hac Vice (Depino, F.) (Entered: 07/02/1998)
408 MOTION by Connecticut Traumati for Aileen Bell to Withdraw as Attorney (Depino, F.) (Entered: 07/02/1998)
ENDORSEMENT granting [407-1] motion for Thomas York to Appear Pro Hac Vice for Lippner, Mullany, Nomandin and Solnit ( signed by Judge Peter C. Dorsey ) (Former Employee) (Entered: 07/07/1998)
ENDORSEMENT granting [408-1] motion for Aileen Bell to Withdraw as Attorney (Terminated attorney Aileen M. Bell for Connecticut Traumati ( signed by Judge Peter C. Dorsey ) (Former Employee) (Entered: 07/07/1998)
ENDORSEMENT denying [405-1] motion for Protective Order Regarding experts tour of community residences ( signed by Judge Peter

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07/16/1998 07/17/1998 07/21/1998
07/21/1998
07/21/1998 07/23/1998 07/27/1998 07/28/1998
07/28/1998 07/30/1998 07/31/1998
08/03/1998 08/04/1998
08/12/1998

C. Dorsey ) (Depino, F.) (Entered: 07/09/1998)
409 MOTION by all plaintiffs to Extend Time for forty five days to respond to defendants' interrogatories and request for production and completion of expert witness tours (Depino, F.) (Entered: 07/16/1998)
410 Disclosure of expert witnesses by all defendants (Depino, F.) (Entered: 07/20/1998)
411 OBJECTIONS by all defendants to [409-1] motion to Extend Time for forty five days to respond to defendants' interrogatories and request for production and completion of expert witness tours by all plaintiffs (Depino, F.) (Entered: 07/21/1998)
416 AFFIDAVIT of Henry Salton by all defendants Re [415-1] motion for Protective Order Regarding preclusion of plaintiffs' expert witness by all defendants, [415-2] motion to preclude plaintiffs' use of Ellen Cummings as an expert by all defendants (Depino, F.) (Entered: 08/03/1998)
722 APPEARANCE of Attorney for Mental Health -- Thomas B. York (Inferrera, L.) (Entered: 11/26/2002)
412 MOTION by all plaintiffs for Permission to Disclose Classmember Identities (Depino, F.) (Entered: 07/24/1998)
413 Settlement/Status Conference held ( PJO) (Inferrera, L.) (Entered: 07/29/1998)
ENDORSEMENT granting [409-1] motion to Extend Time for forty five days to respond to defendants' interrogatories and request for production and completion of expert witness tours, reset Discovery deadline to 11/1/98 SEE ENDORSEMENT FOR OTHER DATES( signed by Judge Peter C. Dorsey ) (Depino, F.) (Entered: 07/28/1998)
ENDORSEMENT granting [412-1] motion for Permission to Disclose Classmember Identities ( signed by Judge Peter C. Dorsey ) (Depino, F.) (Entered: 07/28/1998)
414 APPEARANCE of Attorney for Connecticut Traumati -- Gwendolyn K. McDonald (Former Employee) (Entered: 07/30/1998)
415 MOTION by all defendants for Protective Order Regarding preclusion of plaintiffs' expert witness , and to preclude plaintiffs' use of Ellen Cummings as an expert (Brief Due 8/21/98 ) (Depino, F.) Modified on 08/03/1998 (Entered: 08/03/1998)
417 MOTION by all plaintiffs to Amend [130-1] amended complaint by plaintiff (Brief Due 8/24/98 ) (Depino, F.) (Entered: 08/03/1998)
418 MOTION by all defendants for Protective Order Regarding precluding discovery regarding discharged classmembers' post discharge care and objection to subpoena duces tecum (Brief Due 8/25/98 ) (Depino, F.) (Entered: 08/04/1998)
419 MOTION by Albert J. Solnit, Judith Normandin, Garrell S. Mullaney,

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08/12/1998 08/13/1998 08/14/1998
08/14/1998 08/14/1998
08/17/1998
08/20/1998 08/24/1998 08/25/1998 08/26/1998
08/26/1998

Lewis Lippner to Amend , or Alter Class Certification (Brief Due 9/2/98 ) (Depino, F.) (Entered: 08/12/1998)
420 MEMORANDUM by Albert J. Solnit, Judith Normandin, Garrell S. Mullaney, Lewis Lippner in support of [419-1] motion to Amend, [4192] motion Alter Class Certification (Depino, F.) (Entered: 08/12/1998)
425 Settlement Conference held (PJO Cousins) (Depino, F.) (Entered: 08/18/1998)
421 Response by David Smith, Robert Scully Jr., Ramona Medina, Burton Hawley Jr., Joseph Green, Connecticut Traumati, Connecticut Assoc., Diane Chapman to [415-1] motion for Protective Order Regarding preclusion of plaintiffs' expert witness by all defendants (Depino, F.) (Entered: 08/17/1998)
422 MOTION by David Smith, Robert Scully Jr., Ramona Medina, Burton Hawley Jr., Joseph Green, Connecticut Traumati, Connecticut Assoc., Diane Chapman to Expedite Defendants' Motion for Protective Order- to preclude discovery (Depino, F.) (Entered: 08/17/1998)
423 MOTION by David Smith, Robert Scully Jr., Ramona Medina, Burton Hawley Jr., Joseph Green, Connecticut Traumati, Connecticut Assoc., Diane Chapman for Expedited Determination on Defendants' Motion for Protective Order and to Preclude Plaintiffs' Use of Ellen Cummings as an Expert (Depino, F.) (Entered: 08/17/1998)
424 MEMORANDUM by David Smith, Robert Scully Jr., Ramona Medina, Burton Hawley Jr., Joseph Green, Connecticut Traumati, Connecticut Assoc., Diane Chapman in opposition to [415-1] motion for Protective Order Regarding preclusion of plaintiffs' expert witness by all defendants (Depino, F.) (Entered: 08/17/1998)
426 MOTION by all defendants to Extend Time to 8/28/98 to reply to plaintiff's opposition to objection to subpoena duces tecum and protective order (Former Employee) (Entered: 08/21/1998)
427 MOTION by all defendants to Extend Time to 9/1/98 to file response to plaintiff's motion to amend complaint (Former Employee) (Entered: 08/24/1998)
428 ORDER granting [427-1] motion to Extend Time to 9/1/98 to file response to plaintiff's motion to amend complaint ( signed by Judge Peter C. Dorsey ) (Brown, S.) (Entered: 08/26/1998)
ENDORSEMENT granting [426-1] motion to Extend Time to 8/28/98 to reply to plaintiff's opposition to objection to subpoena duces tecum and protective order, Brief Deadline set for 8/28/98 [418-1] motion for Protective Order Regarding precluding discovery regarding discharged classmembers' post discharge care, set for 8/28/98 [415-1] motion for Protective Order Regarding preclusion of plaintiffs' expert witness ( signed by Judge Peter C. Dorsey ) (Brown, S.) (Entered: 08/26/1998)
429 OBJECTION by all plaintiffs re: [427-1] motion to Extend Time to

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08/26/1998 08/26/1998 08/26/1998 08/28/1998
08/28/1998
09/01/1998 09/03/1998 09/10/1998 09/10/1998 09/11/1998
09/15/1998 09/16/1998 09/16/1998

9/1/98 to file response to plaintiff's motion to amend complaint by all defendants (Depino, F.) (Entered: 08/27/1998)
430 MOTION by all plaintiffs to Compel responses to Plaintiffs Motion for Disclosure and Production (Brief Due 9/16/98 ) (Depino, F.) (Entered: 08/27/1998)
431 MEMORANDUM by all plaintiffs in support of [430-1] motion to Compel responses to Plaintiffs Motion for Disclosure and Production (Depino, F.) (Entered: 08/27/1998)
432 MOTION by all plaintiffs for Expedited Discovery (Depino, F.) (Entered: 08/27/1998)
433 REPLY by Albert J. Solnit, Judith Normandin, William W. Backus, Linda Salafia, Garrell S. Mullaney, Mental Retardation, Mental Health, Lewis Lippner, Margot Hall to response to [418-1] motion for Protective Order Regarding precluding discovery regarding discharged classmembers' post discharge care by all defendants (Former Employee) (Entered: 08/31/1998)
434 AFFIDAVIT of Wendy Furniss by Albert J. Solnit, Judith Normandin, William W. Backus, Linda Salafia, Garrell S. Mullaney, Mental Retardation, Mental Health, Lewis Lippner, Margot Hall Re [418-1] motion for Protective Order Regarding precluding discovery regarding discharged classmembers' post discharge care by all defendants, [433-1] response reply by defendant (Former Employee) (Entered: 09/03/1998)
435 MEMORANDUM by all defendants in opposition to [417-1] motion to Amend [130-1] amended complaint (admin) (Entered: 09/02/1998)
436 MOTION by all plaintiffs to Extend Time to 9/11/98 to reply to defendants' motion to alter or amend class certification (Ghilardi, K.) (Entered: 09/03/1998)
437 TRANSCRIPT for date of 8/8/95 (Court reporter: Post Reporting Svc) (Ghilardi, K.) Modified on 09/22/1998 (Entered: 09/10/1998)
438 TRANSCRIPT for date of 8/9/95 (Court reporter: Post Reporting Svc.) (Ghilardi, K.) Modified on 09/22/1998 (Entered: 09/10/1998)
439 MEMORANDUM by all plaintiffs in opposition to [419-1] motion to Amend by Lewis Lippner, Garrell S. Mullaney, Judith Normandin, Albert J. Solnit (Depino, F.) Modified on 09/22/1998 (Entered: 09/11/1998)
440 REPLY by all plaintiffs to opposition to [417-1] motion to Amend [1301] amended complaint by all plaintiffs (Inferrera, L.) Modified on 09/22/1998 (Entered: 09/15/1998)
441 MOTION by all defendants for Leave to File Motion Nunc Pro Tunc (Inferrera, L.) Modified on 09/22/1998 (Entered: 09/16/1998)
442 MOTION by all plaintiffs for Permission to Conduct Discovery and File

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09/17/1998
09/21/1998
09/23/1998 09/23/1998 10/02/1998 10/14/1998 10/21/1998 10/28/1998 10/29/1998 10/29/1998
10/29/1998 10/29/1998 10/29/1998

Report Out of Time (Brief Due 10/7/98 ) (Inferrera, L.) Modified on 09/22/1998 (Entered: 09/16/1998)
443 OBJECTIONS by Albert J. Solnit, Garrell S. Mullaney, Mental Health, Dennis Angelini to [430-1] motion to Compel responses to Plaintiffs Motion for Disclosure and Production by all plaintiffs (Depino, F.) Modified on 09/22/1998 (Entered: 09/18/1998)
444 OBJECTIONS by all plaintiffs to [441-1] motion for Leave to File Motion for Extension of Time Nunc Pro Tunc to submit expert report of John Cassidy, MD by all defendants (Former Employee) (Entered: 09/22/1998)
445 MOTION by Albert J. Solnit, Judith Normandin, Garrell S. Mullaney, Lewis Lippner for Leave to File motion to extend time to submit expert report nunc pro tunc (Depino, F.) (Entered: 09/23/1998)
446 Settlement/Status Conference held ( William J. Cousins, PJO) (Former Employee) Modified on 10/05/1998 (Entered: 09/23/1998)
447 REPLY by all plaintiffs to response to [430-1] motion to Compel responses to Plaintiffs Motion for Disclosure and Production by all plaintiffs (Depino, F.) (Entered: 10/02/1998)
448 RESPONSE by all defendants to plaintiffs' reply to defendants' opposition to [430-1] motion to Compel (Inferrera, L.) (Entered: 10/14/1998)
449 SUR-REPLY by all plaintiffs to responses to [430-1] motion to Compel responses to Plaintiffs Motion for Disclosure and Production by all plaintiffs (Depino, F.) (Entered: 10/21/1998)
450 JOINT MOTION by all plaintiffs to Extend Time to 11/30/98 for completion of discovery, to 12/7/98 to submit trial preparation order (Ghilardi, K.) Modified on 11/05/1998 (Entered: 10/28/1998)
ENDORSEMENT denying as moot [441-1] motion for Leave to File Motion Nunc Pro Tunc ( signed by Judge Peter C. Dorsey ) (Depino, F.) (Entered: 10/29/1998)
ENDORSEMENT denying as moot [423-1] motion for Expedited Determination on Defendants' Motion for Protective Order and to Preclude Plaintiffs' Use of Ellen Cummings as an Expert ( signed by Judge Peter C. Dorsey ) (Depino, F.) (Entered: 10/29/1998)
ENDORSEMENT denying [422-1] motion to Expedite Defendants' Motion for Protective Order- to preclude discovery ( signed by Judge Peter C. Dorsey ) (Depino, F.) (Entered: 10/29/1998)
ENDORSEMENT denying [436-1] motion to Extend Time to 9/11/98 to reply to defendants' motion to alter or amend class certification ( signed by Judge Peter C. Dorsey ) (Depino, F.) (Entered: 10/29/1998)
ENDORSEMENT denying [432-1] motion for Expedited Discovery

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10/29/1998 10/29/1998 10/29/1998 10/29/1998 10/29/1998 10/29/1998
11/03/1998 11/10/1998 11/13/1998
11/13/1998
11/16/1998 11/16/1998

( signed by Judge Peter C. Dorsey ) (Depino, F.) (Entered: 10/29/1998)
ENDORSEMENT granting nunc pro tunc [445-1] motion for Leave to File motion to extend time to submit expert report nunc pro tunc ( signed by Judge Peter C. Dorsey ) (Depino, F.) (Entered: 10/29/1998)
451 SECOND MOTION by Albert J. Solnit, Judith Normandin, Garrell S. Mullaney, Lewis Lippner to Extend Time to submit the expert report of John W. Cassidy to 9/23/98 (Depino, F.) (Entered: 10/29/1998)
ENDORSEMENT granting [451-1] motion to Extend Time to submit the expert report of John W. Cassidy to 9/23/98 ( signed by Judge Peter C. Dorsey ) (Depino, F.) (Entered: 10/29/1998)
452 MOTION by Garrell S. Mullaney, Dennis Angelini for Protective Order Regarding documents requests by plaintiff in subpoena (Brief Due 11/19/98 ) (Depino, F.) (Entered: 10/29/1998)
453 MEMORANDUM by Garrell S. Mullaney, Dennis Angelini in support of [452-1] motion for Protective Order Regarding documents requests by plaintiff in subpoena (Depino, F.) (Entered: 10/29/1998)
454 AFFIDAVIT of Henry Salton by Garrell S. Mullaney, Dennis Angelini Re [452-1] motion for Protective Order Regarding documents requests by plaintiff in subpoena by Dennis Angelini, Garrell S. Mullaney (Depino, F.) (Entered: 10/29/1998)
ENDORSEMENT denying [442-1] motion for Permission to Conduct Discovery and File Report Out of Time ( signed by Judge Peter C. Dorsey ) (Depino, F.) (Entered: 11/03/1998)
455 MOTION by all defendants to Extend Time (no date given) to supplement Defendant's Witness List (Former Employee) (Entered: 11/10/1998)
ENDORSEMENT denying [415-1] motion for Protective Order Regarding preclusion of plaintiffs' expert witness, denying [415-2] motion to preclude plaintiffs' use of Ellen Cummings as an expert ( signed by Judge Peter C. Dorsey ) (Depino, F.) (Entered: 11/13/1998)
ENDORSEMENT granting [450-1] motion to Extend Time to 11/30/98 for completion of discovery, to 12/7/98 to submit trial preparation order, reset Discovery deadline to 11/30/98 ( signed by Judge Peter C. Dorsey ) (Depino, F.) (Entered: 11/13/1998)
456 MEMORANDUM by all plaintiffs in support of [417-1] motion to Amend [130-1] amended complaint (Lopez, B.) (Entered: 11/16/1998)
457 RULING ON PENDING MOTIONS: granting [417-1] motion to Amend [130-1] amended complaint; granting in part [418-1] motion for Protective Order; granting in part [430-1] motion to Compel; denying [419-2] motion Alter Class Certification, denying [419-1] motion to Amend ( signed by Judge Peter C. Dorsey ) 3 Page(s) (Lopez, B.) (Entered: 11/16/1998)

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11/16/1998 11/16/1998 11/17/1998 11/17/1998 11/17/1998 11/17/1998 11/17/1998
11/23/1998 11/23/1998 11/23/1998 12/01/1998 12/02/1998 12/02/1998

458 Fourth AMENDED COMPLAINT by David Smith, Robert Scully Jr., Ronald Rotman, Ramona Medina, Burton Hawley Jr., Joseph Green, Connecticut Traumati, Connecticut Assoc., Diane Chapman amending [130-1] third amended complaint (Lopez, B.) (Entered: 11/16/1998)
459 OBJECTIONS by all plaintiffs to [455-1] motion to Extend Time (no date given) to supplement Defendant's Witness List by all defendants (Depino, F.) (Entered: 11/17/1998)
460 MOTION by all plaintiffs for Order to Compel production of documents (Brief Due 12/8/98 ) (Depino, F.) (Entered: 11/17/1998)
461 MOTION by all plaintiffs to Expedite determination of Motions for Order compelling discovery and Motion for Protective Order (Brief Due 12/8/98 (Depino, F.) (Entered: 11/17/1998)
462 MEMORANDUM by all plaintiffs in opposition to [452-1] motion for Protective Order Regarding documents requests by plaintiff in subpoena by Dennis Angelini, Garrell S. Mullaney (Depino, F.) (Entered: 11/17/1998)
463 MOTION by all plaintiffs for Protective Order Regarding disclosure of defendants responses to plaintiff's discovery (Brief Due 12/8/98 ) (Depino, F.) (Entered: 11/17/1998)
464 MEMORANDUM by all plaintiffs in support of [463-1] motion for Protective Order Regarding disclosure of defendants responses to plaintiff's discovery, [461-1] motion to Expedite determination of Motions for Order compelling discovery and Motion for Protective Order, [460-1] motion for Order to Compel production of documents (Depino, F.) (Entered: 11/17/1998)
ENDORSEMENT granting in part, denying in part [452-1] motion for Protective Order Regarding documents requests by plaintiff in subpoena SEE ENDORSEMENT FOR DETAILS ( signed by Judge Peter C. Dorsey ) (Depino, F.) (Entered: 11/23/1998)
ENDORSEMENT denying [455-1] motion to Extend Time (no date given) to supplement Defendant's Witness List ( signed by Judge Peter C. Dorsey ) (Depino, F.) (Entered: 11/23/1998)
ENDORSEMENT granting [461-1] motion to Expedite determination of Motions for Order compelling discovery and Motion for Protective Order ( signed by Judge Peter C. Dorsey ) (Depino, F.) (Entered: 11/24/1998)
465 OBJECTIONS by all defendants to [463-1] motion for Protective Order Regarding disclosure of defendants responses to plaintiff's discovery by all plaintiffs (Depino, F.) (Entered: 12/01/1998)
466 APPEARANCE of Attorney for Dept of Social Services, Laura DiGalbo -- Richard J Lynch and Patricia Gerner (Depino, F.) (Entered: 12/02/1998)
467 OBJECTIONS by Dept of Social Services, Laura DiGalbo to [460-1]

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12/04/1998
12/04/1998
12/04/1998
12/07/1998 12/07/1998 12/07/1998
12/07/1998 12/28/1998 12/29/1998 12/29/1998 01/13/1999 01/18/1999 01/25/1999

motion for Order to Compel production of documents by all plaintiffs (Depino, F.) (Entered: 12/02/1998)
468 REPLY by Burton Hawley Jr., Joseph Green, Connecticut Traumati, Connecticut Assoc., Diane Chapman to response to [460-1] motion for Order to Compel production of documents by all plaintiffs (Depino, F.) (Entered: 12/04/1998)
469 MOTION by David Smith, Robert Scully Jr., Linda Salafia, Ramona Medina, Burton Hawley Jr., Joseph Green, Connecticut Traumati, Connecticut Assoc., Diane Chapman to Compel access to classmembers records (Brief Due 12/25/98 ) (Depino, F.) (Entered: 12/04/1998)
470 MEMORANDUM by David Smith, Robert Scully Jr., Linda Salafia, Ramona Medina, Burton Hawley Jr., Joseph Green, Connecticut Traumati, Connecticut Assoc., Diane Chapman in support of [469-1] motion to Compel access to classmembers records (Depino, F.) (Entered: 12/04/1998)
471 MOTION by all plaintiffs for Discovery Order (Brief Due 12/28/98 ) (Inferrera, L.) (Entered: 12/07/1998)
472 MEMORANDUM by all plaintiffs in support of [471-1] motion for Discovery Order (Inferrera, L.) (Entered: 12/07/1998)
473 REPLY by David Smith, Robert Scully Jr., Linda Salafia, Ramona Medina, Burton Hawley Jr., Joseph Green, Connecticut Traumati, Connecticut Assoc., Diane Chapman to response to [463-1] motion for Protective Order Regarding disclosure of defendants responses to plaintiff's discovery by all plaintiffs (Depino, F.) (Entered: 12/08/1998)
474 MOTION by all defendants to Extend Time until 1/4/99 to file supplemental trial preparation orders (Sherman, M.) (Entered: 12/08/1998)
475 APPEARANCE of Attorney for all plaintiffs -- Gareth D. Bye (Sherman, M.) (Entered: 12/28/1998)
476 MOTION by all plaintiffs in Limine RE: precluding the testimony of inhouse expert witnesses (Brief Due 1/19/99 ) (Depino, F.) (Entered: 12/29/1998)
477 MEMORANDUM by all plaintiffs in support of [476-1] motion in Limine RE: precluding the testimony of in-house expert witnesses (Depino, F.) (Entered: 12/29/1998)
478 Status Conference held ( PCD) (Former Employee) (Entered: 01/14/1999)
479 MOTION by all defendants to Extend Time until 1/29/99 to respond to the motion in limine to preclude the testimony of expert witnesses (Sherman, M.) Modified on 03/04/1999 (Entered: 01/19/1999)
480 MOTION by Albert J. Solnit, Judith Normandin, Garrell S. Mullaney,

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01/25/1999 01/25/1999
01/28/1999 02/17/1999 02/18/1999 02/19/1999 02/22/1999 03/01/1999 03/05/1999 03/08/1999
03/09/1999
03/16/1999

Lewis Lippner to Compel discovery responses , and to exclude testimony of Ellen Cummings , and for Order requesting new scheduling orde (Brief Due 2/15/99 ) (Depino, F.) (Entered: 01/25/1999)
481 MOTION by all defendants to Extend Time until 1/28/99 to respond to the motion in limine to preclude the testimony of expert witnesses (Sherman, M.) (Entered: 01/25/1999)
482 ORDER of Referral to Special Master: Henry Chauncey is hereby appointed for the purpose of conducting further negotiations and fact finding ( signed by Judge Peter C. Dorsey ) (Depino, F.) (Entered: 01/25/1999)
483 MEMORANDUM by all defendants in opposition to [476-1] motion in Limine RE: precluding the testimony of in-house expert witnesses by all plaintiffs (Depino, F.) (Entered: 01/29/1999)
484 REPLY by all plaintiffs to response to [476-1] motion in Limine RE: precluding the testimony of in-house expert witnesses by all plaintiffs (Depino, F.) (Entered: 02/18/1999)
485 MOTION by all defendants to Extend Time until 2/19/99 to file their response to the motion to compel (Sherman, M.) (Entered: 02/18/1999)
486 OBJECTIONS by all defendants to [469-1] motion to Compel access to classmembers records by plaintiffs (Depino, F.) (Entered: 02/19/1999)
487 MOTION by all plaintiffs to Extend Time until 2/26/99 to submit their response (Sherman, M.) (Entered: 02/22/1999)
488 MEMORANDUM by all plaintiffs in opposition to [480-1] motion to Compel discovery responses by Lewis Lippner, Garrell S. Mullaney, Judith Normandin, Albert J. Solnit (Depino, F.) (Entered: 03/01/1999)
489 MOTION by all plaintiffs to Extend Time until 3/15/99 to file reply to defendants' objection to plaintiffs' motion to compel dated 2/19/99 (Inferrera, L.) (Entered: 03/05/1999)
ENDORSEMENT granting [489-1] motion to Extend Time until 3/15/99 to file reply to defendants' objection to plaintiffs' motion to compel dated 2/19/99, Brief Deadline set for 3/15/99 [469-1] motion to Compel access to classmembers records ( signed by Judge Peter C. Dorsey ) (Depino, F.) (Entered: 03/09/1999)
490 MOTION by all defendants to Extend Time of ten days to file their response to the memorandum in opposition to motion to compel discovery responses, exclude expert testimony and requesting new scheduling orders until 3/18/99 (Sherman, M.) (Entered: 03/09/1999)
491 REPLY by David Smith, Robert Scully Jr., Ramona Medina, Burton Hawley Jr., Joseph Green, Connecticut Traumati, Connecticut Assoc., Diane Chapman to response to [469-1] motion to Compel access to classmembers records by plaintiffs (Depino, F.) (Entered: 03/18/1999)

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03/19/1999 03/23/1999 04/14/1999 06/07/1999 07/09/1999
08/02/1999 08/11/1999 08/12/1999 08/16/1999 09/29/1999

492 REPLY by Garrell S. Mullaney, Dennis Angelini to response to [480-1] motion to Compel discovery responses by Lewis Lippner, Garrell S. Mullaney, Judith Normandin, Albert J. Solnit (Depino, F.) (Entered: 03/19/1999)
493 MOTION by all defendants for Leave to File Surreply to Reply to Objection to Motion to Compel (admin) (Entered: 03/23/1999)
494 Status Conference held ( PCD) (Sherman, M.) (Entered: 04/20/1999)
495 ORDER Special Master Henry S. Chauncey is to be paid a total fee of $5000 ( signed by Judge Peter C. Dorsey ) (Depino, F.) (Entered: 06/07/1999)
496 ORDER denying [493-1] motion for Leave to File Surreply to Reply to Objection to Motion to Compel, denying [490-1] motion to Extend Time of ten days to file their response to the memorandum in opposition to motion to compel discovery responses, exclude expert testimony and requesting new scheduling orders until 3/18/99, denying [481-1] motion to Extend Time until 1/28/99 to respond to the motion in limine to preclude the testimony of expert witnesses, denying [480-1] motion to Compel discovery responses, denying [480-2] motion to exclude testimony of Ellen Cummings, denying [480-3] motion for Order requesting new scheduling orde, denying [479-1] motion to Extend Time until 1/29/99 to respond to the motion in limine to preclude the testimony of expert witnesses, denying [476-1] motion in Limine RE: precluding the testimony of in-house expert witnesses, denying [471-1] motion for Discovery Order, denying [474-1] motion to Extend Time until 1/4/99 to file supplemental trial preparation orders, denying [469-1] motion to Compel access to classmembers records, denying [463-1] motion for Protective Order Regarding disclosure of defendants responses to plaintiff's discovery, denying [460-1] motion for Order to Compel production of documents ( signed by Judge Peter C. Dorsey ) (Depino, F.) (Entered: 07/09/1999)
497 Join MOTION by all plaintiffs to Modify the Court's Scheduling Order permitting them to submit draft agreement by 9/10/99 (Inferrera, L.) (Entered: 08/02/1999)
ENDORSEMENT granting [497-1] motion to Modify the Court's Scheduling Order permitting them to submit draft agreement by 9/10/99 ( signed by Judge Peter C. Dorsey ) (Depino, F.) (Entered: 08/12/1999)
498 MOTION by all plaintiffs for Elam Lantz to Withdraw as Attorney (Depino, F.) (Entered: 08/12/1999)
ENDORSEMENT granting [498-1] motion for Elam Lantz to Withdraw as Attorney (Terminated attorney Elam Lantz for all plaintiffs ( signed by Judge Peter C. Dorsey ) (Depino, F.) (Entered: 08/16/1999)
499 Settlement/Status Conference held ( PCD) (Sherman, M.) (Entered: 09/30/1999)

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10/14/1999 10/19/1999 04/26/2000 04/28/2000 05/09/2000 05/16/2000 06/15/2000 08/07/2000 08/09/2000
08/11/2000 09/01/2000 09/01/2000 09/01/2000 09/01/2000 09/01/2000

500 STIPULATION by all plaintiffs, William W. Backus to Withdraw the defendant William W. Backus Hospital (Depino, F.) (Entered: 10/14/1999)
ENDORSEMENT granting [500-1] motion to Withdraw the defendant William W. Backus Hospital ( signed by Judge Peter C. Dorsey ) (Depino, F.) (Entered: 10/19/1999)
501 APPEARANCE of Attorney for all plaintiffs -- Nancy B. Alisberg (Sherman, M.) (Entered: 04/27/2000)
502 Status Conference held ( William J. Cousins) (Warner, R.) (Entered: 05/02/2000)
503 APPEARANCE of Attorney for all plaintiffs -- Nancy B. Alisberg (Sherman, M.) (Entered: 05/10/2000)
504 MOTION by Garrell S. Mullaney, Dennis Angelini for Scheduling Order (Depino, F.) (Entered: 05/16/2000)
505 RULING granting in part [504-1] motion for Scheduling Order SEE RULING FOR DETAILS ( signed by Judge Peter C. Dorsey ) 1 Page(s) (Depino, F.) (Entered: 06/15/2000)
506 MOTION by all defendants to Extend Time until January 2001 for trial (Warner, R.) (Entered: 08/07/2000)
507 OBJECTIONS by David Smith, Robert Scully Jr., Linda Salafia, Ramona Medina, Burton Hawley Jr., Joseph Green, Connecticut Traumati, Connecticut Assoc., Diane Chapman to [506-1] motion to Extend Time until January 2001 for trial by all defendants (Depino, F.) (Entered: 08/09/2000)
ENDORSEMENT denying [506-1] motion to Extend Time until January 2001 for trial ( signed by Judge Peter C. Dorsey ) (Villano, P.) (Entered: 08/11/2000)
508 RENEWED MOTION by all plaintiffs in Limine RE: precluding testimony of defendants experts (Brief Due 9/22/00 ) (Depino, F.) Modified on 09/01/2000 (Entered: 09/01/2000)
509 RENEWED MEMORANDUM by all plaintiffs in support of [508-1] motion in Limine RE: precluding testimony of defendants experts (Depino, F.) (Entered: 09/01/2000)
510 MOTION by all plaintiffs for Order to Compel production of documents (Brief Due 9/22/00 ) (Depino, F.) (Entered: 09/01/2000)
511 MEMORANDUM by all plaintiffs in support of [510-1] motion for Order to Compel production of documents (Depino, F.) (Entered: 09/01/2000)
512 MOTION by all plaintiffs in Limine RE: updated responses to discovery by defendants (Brief Due 9/22/00 ) (Depino, F.) (Entered: 09/01/2000)

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09/01/2000 09/01/2000 09/01/2000 09/01/2000 09/01/2000 09/01/2000 09/01/2000 09/01/2000 09/08/2000
09/08/2000 09/08/2000 09/11/2000

513 MEMORANDUM by all plaintiffs in support of [512-1] motion in Limine RE: updated responses to discovery by defendants (Depino, F.) (Entered: 09/01/2000)
514 MOTION by all plaintiffs for Discovery Order (Depino, F.) (Entered: 09/01/2000)
515 MEMORANDUM by all plaintiffs in support of [514-1] motion for Discovery Order (Depino, F.) (Entered: 09/01/2000)
516 RENEWED MOTION by all plaintiffs to Compel access to classmembers and classmember records (Brief Due 9/22/00 ) referring to: [469-1] motion to Compel access to classmembers records by plaintiffs (Depino, F.) Modified on 09/01/2000 (Entered: 09/01/2000)
517 MEMORANDUM by all plaintiffs in support of [516-1] renewed motion to Compel access to classmembers and classmember records (Depino, F.) (Entered: 09/01/2000)
518 MOTION by Garrell S. Mullaney, Dennis Angelini in Limine RE: excluding evidence not disclosed in discovery by plaintiffs and to exclude testimony of Ellen Cummings (Brief Due 9/22/00 ) (Depino, F.) (Entered: 09/01/2000)
519 MEMORANDUM by Garrell S. Mullaney, Dennis Angelini in support of [518-1] motion in Limine RE: excluding evidence not disclosed in discovery by plaintiffs and to exclude testimony of Ellen Cummings (Depino, F.) (Entered: 09/01/2000)
520 MOTION by David Smith, Robert Scully Jr., Linda Salafia, Ramona Medina, Joseph Green, Merlin Fisk, Connecticut Traumati, Connecticut Assoc., Diane Chapman to Modify Protective Order entered on 10/10/90 (Depino, F.) (Entered: 09/05/2000)
521 MEMORANDUM by David Smith, Robert Scully Jr., Linda Salafia, Ramona Medina, Burton Hawley Jr., Joseph Green, Connecticut Traumati, Connecticut Assoc., Diane Chapman in opposition to [518-1] motion in Limine RE: excluding evidence not disclosed in discovery by plaintiffs and to exclude testimony of Ellen Cummings by Dennis Angelini, Garrell S. Mullaney (Depino, F.) (Entered: 09/11/2000)
522 RESPONSE by Albert J. Solnit, Judith Normandin, Garrell S. Mullaney, Lewis Lippner to [508-1] motion in Limine RE: precluding testimony of defendants experts by all plaintiffs (Depino, F.) (Entered: 09/11/2000)
523 RESPONSE by Albert J. Solnit, Judith Normandin, Garrell S. Mullaney, Lewis Lippner to [512-1] motion in Limine RE: updated responses to discovery by defendants by all plaintiffs (Depino, F.) (Entered: 09/11/2000)
524 OBJECTION by David Smith, Robert Scully Jr., Linda Salafia, Ramona Medina, Burton Hawley Jr., Joseph Green, Connecticut Traumati, Connecticut Assoc., Diane Chapman re: defendants letter brief (Depino, F.) (Entered: 09/11/2000)

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09/18/2000 09/18/2000 09/19/2000 09/19/2000
09/20/2000 09/21/2000 09/21/2000 09/21/2000 09/21/2000 09/21/2000 09/21/2000 09/21/2000
09/22/2000

525 REPLY by all defendants to response to [518-1] motion in Limine RE: excluding evidence not disclosed in discovery by plaintiffs and to exclude testimony of Ellen Cummings by Dennis Angelini, Garrell S. Mullaney (Inferrera, L.) (Entered: 09/18/2000)
526 Response ir Reply by all defendants to "Objection to Filing of Defendants' Letter Brief" (Inferrera, L.) (Entered: 09/18/2000)
527 MOTION by all defendants to Extend Time for 2 to 3 months to complete discovery (Inferrera, L.) (Entered: 09/19/2000)
528 Objection by all plaintiffs to response or reply to "objection to filing of defendants' letter brief" re [518-1] motion in Limine RE: excluding evidence not disclosed in discovery by plaintiffs and to exclude testimony of Ellen Cummings by Dennis Angelini, Garrell S. Mullaney (Inferrera, L.) (Entered: 09/20/2000)
529 RULING granting in part, denying in part [527-1] motion to Extend Time to complete discovery, reset Discovery deadline to 10/20/00 , reset Court Trial for 10/23/00 ( signed by Judge Peter C. Dorsey ) 1 Page(s) (Villano, P.) Modified on 10/02/2000 (Entered: 09/20/2000)
ENDORSEMENT denying [512-1] motion in Limine RE: updated responses to discovery by defendants SEE ENDORSEMENT FOR DETAILS ( signed by Judge Peter C. Dorsey ) (Depino, F.) (Entered: 09/21/2000)
ENDORSEMENT denying [518-1] motion in Limine RE: excluding evidence not disclosed in discovery by plaintiffs and to exclude testimony of Ellen Cummings ( signed by Judge Peter C. Dorsey ) (Depino, F.) (Entered: 09/21/2000)
ENDORSEMENT granting [508-1] motion in Limine RE: precluding testimony of defendants experts SEE ENDORSEMENT FOR DETAILS ( signed by Judge Peter C. Dorsey ) (Depino, F.) (Entered: 09/21/2000)
ENDORSEMENT granting [510-1] motion for Order to Compel production of documents SEE ENDORSEMENT FOR DETAILS ( signed by Judge Peter C. Dorsey (Depino, F.) (Entered: 09/21/2000)
ENDORSEMENT granting [514-1] motion for Discovery Order ( signed by Judge Peter C. Dorsey ) (Depino, F.) (Entered: 09/21/2000)
ENDORSEMENT granting to 10/4/00 [516-1] supplemental amended motion to Compel access to classmembers and classmember records ( signed by Judge Peter C. Dorsey ) (Depino, F.) (Entered: 09/21/2000)
530 OBJECTIONS by David Smith, Robert Scully Jr., Ramona Medina, Burton Hawley Jr., Joseph Green, Connecticut Traumati, Connecticut Assoc., Diane Chapman to [527-1] motion to Extend Time for 2 to 3 months to complete discovery by all defendants (Depino, F.) (Entered: 09/22/2000)
531 MOTION by Garrell S. Mullaney, Dennis Angelini to Extend Time until

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09/25/2000 09/25/2000 09/25/2000 09/27/2000 09/27/2000 10/03/2000 10/03/2000

9/29/00 to respond to motion for discovery order, motion for modification of protective order, motion for order compelling production of documents, and motion to compel access to Classmembers (Warner, R.) (Entered: 09/22/2000)
532 MOTION by David Smith, Robert Scully Jr., Linda Salafia, Ramona Medina, Burton Hawley Jr., Joseph Green, Connecticut Traumati, Connecticut Assoc., Diane Chapman for Reconsideration of [529-1] order reset Discovery deadline to 10/20/00 dated 9/20/00 re: [527-1] motion to Extend Time for 2 to 3 months to complete discovery , and for Clarification of [529-1] order reset Discovery deadline to 10/20/00 (Brief Due 10/16/00 ) (Depino, F.) (Entered: 09/25/2000)
533 MEMORANDUM by David Smith, Robert Scully Jr., Linda Salafia, Ramona Medina, Burton Hawley Jr., Joseph Green, Connecticut Traumati, Connecticut Assoc., Diane Chapman in support of [532-1] motion for Reconsideration of [529-1] order reset Discovery deadline to 10/20/00 dated 9/20/00 re: [527-1] motion to Extend Time for 2 to 3 months to complete discovery, [532-2] motion for Clarification of [5291] order reset Discovery deadline to 10/20/00 (Depino, F.) (Entered: 09/25/2000)
534 OBJECTIONS by David Smith, Robert Scully Jr., Linda Salafia, Ramona Medina, Burton Hawley Jr., Joseph Green, Connecticut Traumati, Connecticut Assoc., Diane Chapman to [531-1] motion to Extend Time until 9/29/00 to respond to motion for discovery order, motion for modification of protective order, motion for order compelling production of documents, and motion to compel access to Classmembers by Dennis Angelini, Garrell S. Mullaney (Depino, F.) (Entered: 09/26/2000)
ENDORSEMENT granting [531-1] motion to Extend Time to 9/29/00 to respond to motion for discovery order, motion for modification of protective order, motion for order compelling production of documents, and motion to compel access to Class members, Brief Deadline set for 9/28/00 [520-1] motion to Modify Protective Order entered on 10/10/90 ( signed by Judge Peter C. Dorsey ) (Brown, S.) (Entered: 09/27/2000)
ENDORSEMENT denying [532-1] motion for Reconsideration of [5291] order reset Discovery deadline to 10/20/00 dated 9/20/00 re: [527-1] motion to Extend Time for 2 to 3 months to complete discovery, denying [532-2] motion for Clarification of [529-1] order reset Discovery deadline to 10/20/00 ( signed by Judge Peter C. Dorsey ) (Brown, S.) (Entered: 09/27/2000)
535 MOTION by David Smith, Robert Scully Jr., Linda Salafia, Ramona Medina, Burton Hawley Jr., Joseph Green, Connecticut Traumati, Connecticut Assoc., Diane Chapman for Protective Order Regarding conducting discovery (Brief Due 10/24/00 ) (Depino, F.) (Entered: 10/03/2000)
536 MOTION by David Smith, Robert Scully Jr., Linda Salafia, Ramona Medina, Burton Hawley Jr., Joseph Green, Connecticut Traumati,

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10/03/2000
10/03/2000 10/03/2000 10/03/2000 10/03/2000
10/04/2000 10/04/2000 10/04/2000 10/06/2000 10/10/2000
10/10/2000

Connecticut Assoc., Diane Chapman to name rebuttal witnesses (Depino, F.) (Entered: 10/03/2000)
537 MEMORANDUM by David Smith, Robert Scully Jr., Linda Salafia, Ramona Medina, Burton Hawley Jr., Joseph Green, Connecticut Traumati, Connecticut Assoc., Diane Chapman in support of [536-1] motion to name rebuttal witnesses, [535-1] motion for Protective Order Regarding conducting discovery (Depino, F.) (Entered: 10/03/2000)
538 MOTION by David Smith, Robert Scully Jr., Linda Salafia, Ramona Medina, Burton Hawley Jr., Joseph Green, Connecticut Traumati, Connecticut Assoc., Diane Chapman to Expedite Determination of Motion for Protective Order (Depino, F.) (Entered: 10/03/2000)
539 MOTION by David Smith, Robert Scully Jr., Linda Salafia, Ramona Medina, Burton Hawley Jr., Joseph Green, Connecticut Traumati, Connecticut Assoc., Diane Chapman to conduct refresher tour of Gregory O'Shanick on 10/23/00 (Depino, F.) (Entered: 10/03/2000)
540 OBJECTIONS by Garrell S. Mullaney, Dennis Angelini to [535-1] motion for Protective Order Regarding conducting discovery by plaintiffs (Depino, F.) (Entered: 10/04/2000)
541 REPLY by David Smith, Robert Scully Jr., Linda Salafia, Ramona Medina, Burton Hawley Jr., Joseph Green, Connecticut Traumati, Connecticut Assoc., Diane Chapman to response to [535-1] motion for Protective Order Regarding conducting discovery by plaintiffs (Depino, F.) (Entered: 10/04/2000)
542 MOTION by Garrell S. Mullaney, Dennis Angelini for Reconsideration of order dated 9/21/00 re: [510-1] motion for Order to Compel production of documents (Brief Due 10/25/00 ) (Depino, F.) (Entered: 10/04/2000)
543 MEMORANDUM by Garrell S. Mullaney, Dennis Angelini in support of [542-1] motion for Reconsideration of order dated 9/21/00 re: [510-1] motion for Order to Compel production of documents (Depino, F.) (Entered: 10/04/2000)
545 Status Conference held ( PCD) (Warner, R.) (Entered: 10/10/2000)
544 MOTION by Garrell S. Mullaney, Dennis Angelini for Leave to File surreply to reply to objection to motion for protective order (Depino, F.) (Entered: 10/10/2000)
546 OBJECTIONS by David Smith, Robert Scully Jr., Linda Salafia, Ramona Medina, Burton Hawley Jr., Joseph Green, Connecticut Traumati, Connecticut Assoc., Diane Chapman to [544-1] motion for Leave to File surreply to reply to objection to motion for protective order by Dennis Angelini, Garrell S. Mullaney (Depino, F.) (Entered: 10/10/2000)
547 MEMORANDUM by David Smith, Robert Scully Jr., Linda Salafia, Ramona Medina, Burton Hawley Jr., Joseph Green, Connecticut Traumati, Connecticut Assoc., Diane Chapman in opposition to [542-1]

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10/23/2000 10/26/2000 10/31/2000 10/31/2000
10/31/2000
11/01/2000 11/01/2000 11/01/2000 11/01/2000 11/01/2000 11/01/2000 11/01/2000

motion for Reconsideration of order dated 9/21/00 re: [510-1] motion for Order to Compel production of documents by Dennis Angelini, Garrell S. Mullaney (Depino, F.) (Entered: 10/10/2000)
548 APPEARANCE of Attorney for Dept of Social Services -- Edward F. Osswalt (Warner, R.) (Entered: 10/24/2000)
549 MOTION by all defendants to Extend Time until 10/31/00 to respond to motions (Warner, R.) (Entered: 10/26/2000)
550 RESPONSE by Albert J. Solnit, Judith Normandin, Garrell S. Mullaney, Lewis Lippner to [539-1] motion to conduct refresher tour of Gregory O'Shanick on 10/23/00 by plaintiffs (Depino, F.) (Entered: 10/31/2000)
551 RESPONSE by Albert J. Solnit, Judith Normandin, Garrell S. Mullaney, Lewis Lippner to [538-1] motion to Expedite Determination of Motion for Protective Order by plaintiffs [536-1] motion to name rebuttal witnesses by plaintiffs [535-1] motion for Protective Order Regarding conducting discovery by plaintiffs (Depino, F.) (Entered: 10/31/2000)
ENDORSEMENT granting [549-1] motion to Extend Time until 10/31/00 to respond to motions, Brief Deadline set for 10/31/00 [539-1] motion to conduct refresher tour of Gregory O'Shanick on 10/23/00, set for 10/31/00 [538-1] motion to Expedite Determination of Motion for Protective Order, set for 10/31/00 [536-1] motion to name rebuttal witnesses, set for 10/31/00 [535-1] motion for Protective Order Regarding conducting discovery ( signed by Judge Peter C. Dorsey ) (Depino, F.) (Entered: 10/31/2000)
ENDORSEMENT denying [536-1] motion to name rebuttal witnesses ( signed by Judge Peter C. Dorsey ) (Depino, F.) (Entered: 11/01/2000)
ENDORSEMENT granting in part [520-1] motion to Modify Protective Order entered on 10/10/90 (signed by Judge Peter C. Dorsey) (Depino, F.) Modified on 11/30/2000 (Entered: 11/01/2000)
ENDORSEMENT denying [542-1] motion for Reconsideration of order dated 9/21/00 re: [510-1] motion for Order to Compel production of documents ( signed by Judge Peter C. Dorsey ) (Depino, F.) (Entered: 11/01/2000)
ENDORSEMENT denying [535-1] motion for Protective Order Regarding conducting discovery SEE ENDORSEMENT FOR OTHER ( signed by Judge Peter C. Dorsey ) (Depino, F.) (Entered: 11/01/2000)
ENDORSEMENT granting [544-1] motion for Leave to File surreply to motion for protective order (signed by Judge Peter C. Dorsey) (Depino, F.) Modified on 11/30/2000 (Entered: 11/01/2000)
ENDORSEMENT denying [538-1] motion to Expedite Determination of Motion for Protective Order ( signed by Judge Peter C. Dorsey ) (Depino, F.) (Entered: 11/01/2000)
ENDORSEMENT denying [539-1] motion to conduct refresher tour of

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11/01/2000 11/01/2000 11/02/2000 11/08/2000 11/09/2000
11/20/2000 11/20/2000 11/21/2000 11/21/2000 11/21/2000 11/27/2000 11/27/2000
11/30/2000 11/30/2000

Gregory O'Shanick on 10/23/00 ( signed by Judge Peter C. Dorsey ) (Depino, F.) (Entered: 11/01/2000)
552 SURREPLY by Garrell S. Mullaney, Dennis Angelini to response to [535-1] motion for Protective Order Regarding conducting discovery by plaintiffs (Depino, F.) (Entered: 11/01/2000)
559 PROTECTIVE ORDER (signed by Judge Peter C. Dorsey ) (Villano, P.) (Entered: 11/27/2000)
553 MOTION by Albert J. Solnit, Judith Normandin, Garrell S. Mullaney, Lewis Lippner to Permit Dr. Lyketsos to conduct his refresher tour in January (Depino, F.) (Entered: 11/02/2000)
554 SUPPLEMENTAL REPLY by Dept of Social Services, Laura DiGalbo to response to [460-1] motion for Order to Compel production of documents by all plaintiffs (Depino, F.) (Entered: 11/15/2000)
ENDORSEMENT granting in part, denying in part [553-1] motion to Permit Dr. Lyketsos to conduct his refresher tour in January, set Court Trial for 1/8/01 ( signed by Judge Peter C. Dorsey ) (Villano, P.) (Entered: 11/09/2000)
555 APPEARANCE of Attorney for Middlesex Hospital -- Jacquelyn Conlon (Warner, R.) (Entered: 11/21/2000)
562 MOTION by Middlesex Hospital to Quash Subpoena (Brief Due 12/11/00 ) (Villano, P.) (Entered: 11/30/2000)
556 SECOND SUPPLEMENTAL REPLY by all plaintiffs to response to [460-1] motion for Order to Compel production of documents by all plaintiffs (Depino, F.) (Entered: 11/21/2000)
557 APPEARANCE of Attorney for Lawrence & Mem Hosp -- Bethany Appleby (Brown, S.) (Entered: 11/22/2000)
558 MOTION by Lawrence & Mem Hosp to Quash subpoena and notice of deposition (Brown, S.) (Entered: 11/22/2000)
560 OBJECTIONS by all plaintiffs to [558-1] motion to Quash subpoena and notice of deposition by Lawrence & Mem Hosp (Depino, F.) (Entered: 11/28/2000)
561 OBJECTIONS by David Smith, Robert Scully Jr., Linda Salafia, Burton Hawley Jr., Joseph Green, Connecticut Traumati, Connecticut Assoc., Diane Chapman to [558-1] motion to Quash subpoena and notice of deposition by Lawrence & Mem Hosp (Depino, F.) (Entered: 11/28/2000)
ENDORSEMENT denying [562-1] motion to Quash Subpoena ( signed by Judge Peter C. Dorsey ) (Villano, P.) (Entered: 11/30/2000)
ENDORSEMENT denying [558-1] motion to Quash subpoena and notice of deposition ( signed by Judge Peter C. Dorsey ) (Villano, P.) (Entered: 11/30/2000)

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11/30/2000 12/04/2000 12/04/2000
12/11/2000 12/12/2000 12/14/2000 12/18/2000
12/20/2000 12/22/2000 12/26/2000
12/26/2000 01/02/2001 01/02/2001

ENDORSEMENT overruling [554-1] response reply ( signed by Judge Peter C. Dorsey ) (Villano, P.) (Entered: 11/30/2000)
563 MOTION by David Smith, Robert Scully Jr., Linda Salafia, Ramona Medina, Burton Hawley Jr., Joseph Green, Connecticut Traumati, Connecticut Assoc., Diane Chapman for Orders relating to discovery (Brief Due 12/25/00 ) (Depino, F.) (Entered: 12/05/2000)
564 MEMORANDUM by David Smith, Robert Scully Jr., Linda Salafia, Ramona Medina, Burton Hawley Jr., Joseph Green, Connecticut Traumati, Connecticut Assoc., Diane Chapman in support of [563-1] motion for Orders relating to discovery (Depino, F.) (Entered: 12/05/2000)
565 MOTION by Albert J. Solnit, Judith Normandin, Garrell S. Mullaney to Continue Trial , and to Extend Time of Discovery (Depino, F.) (Entered: 12/11/2000)
566 MOTION by all plaintiffs to Extend Time until 2/8/01 to postpone trial date (Warner, R.) (Entered: 12/12/2000)
567 RESPONSE by all defendants to [566-1] motion to Extend Time to 2/8/01 to postpone trial date by all plaintiffs (Brown, S.) (Entered: 12/14/2000)
568 RULING granting ONLY IN PART [566-1] motion to Extend Time until 2/8/01 to postpone trial date, granting [565-1] motion to Continue Trial, granting [565-2] motion to Extend Time of Discovery SEE FOR DETAILS ( signed by Judge Peter C. Dorsey ) 1 Page(s) (Depino, F.) (Entered: 12/18/2000)
569 OBJECTIONS by David Smith, Robert Scully Jr., Linda Salafia, Ramona Medina, Burton Hawley Jr., Joseph Green, Connecticut Traumati, Connecticut Assoc., Diane Chapman to [563-1] motion for Orders relating to discovery by plaintiffs (Depino, F.) (Entered: 12/20/2000)
ENDORSEMENT denying for failure to comply with LR 9 [563-1] motion for Orders relating to discovery ( signed by Judge Peter C. Dorsey ) (Inferrera, L.) (Entered: 12/22/2000)
570 REPLY by David Smith, Robert Scully Jr., Linda Salafia, Ramona Medina, Burton Hawley Jr., Joseph Green, Connecticut Traumati, Connecticut Assoc., Diane Chapman to response to [563-1] motion for Orders relating to discovery by plaintiffs (Depino, F.) (Entered: 12/26/2000)
571 MOTION by Connecticut Traumati for Gareth Bye to Withdraw as Attorney (Depino, F.) (Entered: 12/27/2000)
ENDORSEMENT granting [571-1] motion for Gareth Bye to Withdraw as Attorney (Terminated attorney Gareth D. Bye for all plaintiffs ( signed by Judge Peter C. Dorsey ) (Depino, F.) (Entered: 01/02/2001)
ENDORSEMENT denying [563-1] motion for Orders relating to

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01/11/2001
01/16/2001 01/16/2001 01/16/2001
01/17/2001

discovery ( signed by Judge Peter C. Dorsey ) (Depino, F.) (Entered: 01/02/2001)
572 MOTION by St. Mary's Hospital to Quash (Depino, F.) (Entered: 01/03/2001)
573 APPEARANCE of Attorney for St. Mary's Hospital -- Linda T. Wihbey (Warner, R.) (Entered: 01/03/2001)
574 OBJECTIONS by David Smith, Robert Scully Jr., Linda Salafia, Ramona Medina, Burton Hawley Jr., Joseph Green, Connecticut Traumati, Connecticut Assoc., Diane Chapman to [572-1] motion to Quash by St. Mary's Hospital (Depino, F.) (Entered: 01/09/2001)
575 MOTION by David Smith, Robert Scully Jr., Linda Salafia, Ramona Medina, Burton Hawley Jr., Joseph Green, Connecticut Traumati, Connecticut Assoc., Diane Chapman for Permission to Conduct expert tour of Gregory O'Shanick on 1/11/01 (Depino, F.) (Entered: 01/09/2001)
576 MOTION by Albert J. Solnit, Judith Normandin, Garrell S. Mullaney, Lewis Lippner to exclude the testimony of plaintiffs experts who are not made available for deposition as required by the discovery schedule (Brief Due 1/31/01 ) (Depino, F.) (Entered: 01/10/2001)
577 MEMORANDUM by David Smith, Robert Scully Jr., Linda Salafia, Ramona Medina, Burton Hawley Jr., Joseph Green, Connecticut Traumati, Connecticut Assoc., Diane Chapman in opposition to [576-1] motion to exclude the testimony of plaintiffs experts who are not made available for deposition as required by the discovery schedule by Lewis Lippner, Garrell S. Mullaney, Judith Normandin, Albert J. Solnit (Depino, F.) (Entered: 01/11/2001)
578 REPLY by Garrell S. Mullaney, Dennis Angelini to response to [576-1] motion to exclude the testimony of plaintiffs experts who are not made available for deposition as required by the discovery schedule by Lewis Lippner, Garrell S. Mullaney, Judith Normandin, Albert J. Solnit (Depino, F.) (Entered: 01/11/2001)
579 RULING granting [576-1] motion to exclude the testimony of plaintiffs experts consistent with ruling ( signed by Judge Peter C. Dorsey ) 3 Page (s) SEE Ruling for details (Brown, S.) (Entered: 01/16/2001)
580 MOTION by all plaintiffs to Exclude Testimony of Dr. Kastner (Brief Due 2/6/01 ) (Brown, S.) (Entered: 01/16/2001)
581 SUR-REPLY by David Smith, Robert Scully Jr., Linda Salafia, Ramona Medina, Burton Hawley Jr., Joseph Green, Connecticut Traumati, Connecticut Assoc., Diane Chapman to response to [576-1] motion to exclude the testimony of plaintiffs experts who are not made available for deposition as required by the discovery schedule by Lewis Lippner, Garrell S. Mullaney, Judith Normandin, Albert J. Solnit (Depino, F.) (Entered: 01/17/2001)
ENDORSEMENT denying [572-1] motion to Quash SEE

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01/19/2001
01/19/2001 01/19/2001 01/22/2001 01/22/2001 01/23/2001 01/23/2001 01/23/2001
01/25/2001 01/26/2001 01/26/2001 01/26/2001 01/29/2001 01/29/2001

ENDORSEMENT FOR OTHER DETAILS ( signed by Judge Peter C. Dorsey ) (Depino, F.) (Entered: 01/17/2001)
582 MOTION by David Smith, Robert Scully Jr., Linda Salafia, Ramona Medina, Burton Hawley Jr., Joseph Green, Connecticut Traumati, Connecticut Assoc., Diane Chapman to Expedite Determination of Motion to Extend time to complete deposition (Depino, F.) (Entered: 01/19/2001)
583 MOTION by all plaintiffs to Extend Time by one day to complete deposition (Warner, R.) (Entered: 01/19/2001)
584 APPEARANCE of Attorney for all plaintiffs -- Andrew Alan Feinstein (Pesta, J.) (Entered: 01/22/2001)
ENDORSEMENT denying [575-1] motion for Permission to Conduct expert tour of Gregory O'Shanick on 1/11/01 ( signed by Judge Peter C. Dorsey ) (Depino, F.) (Entered: 01/22/2001)
585 Letter MOTION by Albert J. Solnit, Judith Normandin, Garrell S. Mullaney, Lewis Lippner for Jennifer Jaff to Withdraw as Attorney (Depino, F.) (Entered: 01/23/2001)
ENDORSEMENT granting [582-1] motion to Expedite Determination of Motion to Extend time to complete deposition ( signed by Judge Peter C. Dorsey ) (Depino, F.) (Entered: 01/23/2001)
ENDORSEMENT granting [583-1] motion to Extend Time by one day to complete deposition, reset Discovery deadline to 1/22/01 ( signed by Judge Peter C. Dorsey ) (Depino, F.) (Entered: 01/23/2001)
ENDORSEMENT granting [585-1] motion for Jennifer Jaff to Withdraw as Attorney (Terminated attorney Jennifer C. Jaff for Lewis Lippner, for Garrell S. Mullaney, for Judith Normandin, for Albert J. Solnit ( signed by Judge Peter C. Dorsey ) (Depino, F.) (Entered: 01/23/2001)
586 MOTION by all defendants to Continue trial date , and/or to Exclude testimony of Plaintiff's Experts (Brief Due 2/15/01 ) (Basile, F.) (Entered: 01/26/2001)
587 MOTION by all plaintiffs to Expedite determination on pending motion Re: #588 (Brief Due 2/16/01 (Torday, B.) (Entered: 01/26/2001)
588 MOTION by all plaintiffs to exclude defendants experts Triesman and Rohrbaugh opinions on tours (Brief Due 2/16/01 ) (Torday, B.) (Entered: 01/26/2001)
589 MEMORANDUM by all plaintiffs in support of [586-2] motion to Exclude testimony of Plaintiff's Experts (Torday, B.) (Entered: 01/26/2001)
590 NOTICE of filing by all plaintiffs (Sherman, M.) (Entered: 01/30/2001)
591 MEMORANDUM by all plaintiffs in support of [580-1] motion to Exclude Testimony of Dr. Kastner (Sherman, M.) (Entered: 01/30/2001)

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01/29/2001 01/30/2001 01/30/2001 01/30/2001 01/30/2001 01/30/2001 01/30/2001 02/01/2001 02/01/2001 02/01/2001 02/01/2001 02/01/2001 02/01/2001 02/01/2001 02/01/2001 02/01/2001

592 OBJECTIONS by all plaintiffs to [586-1] motion to Continue trial date by all defendants (Sherman, M.) (Entered: 01/30/2001)
593 RESPONSE by all defendants to [580-1] motion to Exclude Testimony of Dr. Kastner by all plaintiffs (Sherman, M.) (Entered: 01/30/2001)
594 RESPONSE by all defendants to [588-1] motion to exclude defendants experts Triesman and Rohrbaugh opinions on tours by all plaintiffs (Sherman, M.) (Entered: 01/30/2001)
595 MOTION by all defendants to exclude , or to Strike the belated supplemental responses to discovery (Brief Due 2/20/01 ) (Sherman, M.) (Entered: 01/30/2001)
596 REPLY by all defendants to response to [586-1] motion to Continue trial date by all defendants (Sherman, M.) (Entered: 01/30/2001)
597 RULING denying [588-1] motion to exclude defendants experts Triesman and Rohrbaugh opinions on tours ( signed by Judge Peter C. Dorsey ) 2 Page(s) (Depino, F.) (Entered: 01/31/2001)
MEDICAL Records: from Hartford Hospital of Michael Hogan (Depino, F.) Modified on 02/02/2001 (Entered: 01/31/2001)
598 MOTION by all defendants to Quash Subpoena (Brief Due 2/22/01 ) (Villano, P.) (Entered: 02/01/2001)
599 MEMORANDUM by all defendants in support of [598-1] motion to Quash Subpoena (Villano, P.) (Entered: 02/01/2001)
ENDORSEMENT denying [580-1] motion to Exclude Testimony of Dr. Kastner ( signed by Judge Peter C. Dorsey ) (Villano, P.) (Entered: 02/01/2001)
ENDORSEMENT denying [586-1] motion to Continue trial date, denying [586-2] motion to Exclude testimony of Plaintiff's Experts ( signed by Judge Peter C. Dorsey ) (Villano, P.) (Entered: 02/01/2001)
ENDORSEMENT denying [595-1] motion to exclude, denying [595-2] motion to Strike the belated supplemental responses to discovery ( signed by Judge Peter C. Dorsey ) (Villano, P.) (Entered: 02/01/2001)
ENDORSEMENT granting [598-1] motion to Quash Subpoena ( signed by Judge Peter C. Dorsey ) (Villano, P.) (Entered: 02/01/2001)
600 Proposed Exhibit List by Albert J. Solnit, Judith Normandin, Garrell S. Mullaney, Lewis Lippner with incorporated witness list (Depino, F.) (Entered: 02/01/2001)
MEDICAL Records: from Greenwood Health Center of Anthony Bingham (Depino, F.) (Entered: 02/01/2001)
601 COURT Trial held Trial continued until 2/2/01 @9:30 a.m. ( PCD) (Villano, P.) (Entered: 02/02/2001)

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02/02/2001 02/02/2001
02/02/2001 02/05/2001 02/06/2001 02/07/2001 02/07/2001
02/07/2001
02/07/2001 02/08/2001 02/09/2001 02/13/2001 02/13/2001 02/13/2001

MEDICAL Records: from Hartford Hospital Anthony Bingham (Depino, F.) (Entered: 02/02/2001)
602 MOTION by Albert J. Solnit, Judith Normandin, Garrell S. Mullaney, Lewis Lippner to Exclude testimony of plaintiffs' expert witnesses Nancy Ray and Natalie Russo with memo of support incorporated (Brief Due 2/23/01 ) (Depino, F.) (Entered: 02/02/2001)
603 COURT Trial held Trial continued until 2/5/01 @ 9:30 AM ( PCD) (Brown, S.) (Entered: 02/05/2001)
604 COURT Trial held Trial continued until 2/6/01 @9:30 a.m. ( PCD) (Villano, P.) (Entered: 02/06/2001)
607 COURT Trial held Trial continued until 2/7/01 @ 10:00a.m. ( PCD) (Depino, F.) (Entered: 02/08/2001)
ENDORSEMENT denying as moot [587-1] motion to Expedite determination on pending motion Re: #588 ( signed by Judge Peter C. Dorsey ) (Basile, F.) (Entered: 02/07/2001)
605 MOTION by David Smith, Robert Scully Jr., Linda Salafia, Ramona Medina, Burton Hawley Jr., Joseph Green, Connecticut Traumati, Connecticut Assoc., Diane Chapman to Admit Into Evidence certain excerpts from the deposition testimony of Dr. Harold Maphet and Mr. Mark Jacobson (Brief Due 2/28/01 ) (Depino, F.) (Entered: 02/08/2001)
606 MOTION by David Smith, Robert Scully Jr., Linda Salafia, Burton Hawley Jr., Joseph Green, Connecticut Traumati, Connecticut Assoc., Diane Chapman to Exclude Testimony of untimely disclosed witnesses for the defendants , to preclude use of in house witnesses as experts , to exclude introduction of untimely disclosed exhibits , or, in the alternative to Produce such exhibits immediately (Brief Due 2/28/01 ) (Depino, F.) Modified on 02/20/2001 (Entered: 02/08/2001)
608 COURT Trial held Trial continued until 2/8/01 @ 10:00a.m. ( PCD) (Depino, F.) (Entered: 02/08/2001)
609 COURT Trial held Trial continued until 2/9/01 @ 10:00 a.m. ( PCD) (Villano, P.) (Entered: 02/09/2001)
615 COURT Trial held Trial continued until 2/14/01 @ 10a.m. ( PCD) (Depino, F.) (Entered: 02/15/2001)
610 MOTION by all plaintiffs to Amend [458-1] amended complaint by plaintiffs (Brief Due 3/6/01 ) (Depino, F.) (Entered: 02/13/2001)
611 MEMORANDUM by all plaintiffs in support of [610-1] motion to Amend [458-1] amended complaint by plaintiffs (Depino, F.) (Entered: 02/13/2001)
612 MOTION by Albert J. Solnit, Judith Normandin, Garrell S. Mullaney, Lewis Lippner to Exclude testimony of Plaintiffs' Expert Witness Ellen Cummings (Depino, F.) (Entered: 02/13/2001)

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02/13/2001 02/14/2001
02/14/2001 02/14/2001 02/15/2001 02/15/2001 02/15/2001 02/15/2001 02/16/2001 02/20/2001 02/20/2001
02/21/2001

613 MOTION by David Smith, Robert Scully Jr., Linda Salafia, Ramona Medina, Burton Hawley Jr., Joseph Green, Connecticut Traumati, Connecticut Assoc., Diane Chapman to Intervene (Brief Due 3/6/01 ) (Depino, F.) (Entered: 02/13/2001)
614 RESPONSE by Albert J. Solnit, Judith Normandin, Garrell S. Mullaney, Lewis Lippner to [606-1] motion to Exclude Testimony of untimely disclosed witnesses for the defendants by plaintiffs [606-2] motion to preclude use of in house witnesses as experts by plaintiffs [606-3] motion to exclude introduction of untimely disclosed exhibits by plaintiffs or, in the alternative [606-4] motion to Produce such exhibits immediately by plaintiffs (Depino, F.) (Entered: 02/14/2001)
616 COURT Trial held Trial continued until 2/15/01 @ 2p.m. ( PCD) (Depino, F.) (Entered: 02/15/2001)
MINUTE Entry: [612-1] motion to Exclude testimony of Plaintiffs' Expert Witness Ellen Cummings under advisement, [610-1] motion to Amend [458-1] amended complaint by plaintiffs under advisement ( PCD) (Depino, F.) Modified on 02/15/2001 (Entered: 02/15/2001)
617 MOTION by all plaintiffs in Limine RE: to Introduce Trial Transcripts and Recall Witnesses (Villano, P.) (Entered: 02/16/2001)
618 COURT Trial held Trial continued until 2/16/01 @9:30 a.m. ( PCD) (Villano, P.) (Entered: 02/16/2001)
MINUTE Entry: granting [617-1] motion in Limine RE: to Introduce Trial Transcripts and Recall Witnesses ( PCD) (Villano, P.) (Entered: 02/16/2001)
665 MEMORANDUM by all plaintiffs in support of [617-1] motion in Limine RE: to Introduce Trial Transcripts and Recall Witnesses (Villano, P.) (Entered: 03/15/2001)
619 COURT Trial held Trial continued until 2/20/01 @11:30 a.m. ( PCD) (Villano, P.) (Entered: 02/16/2001)
621 COURT Trial held Trial continued until 2/21/01 @ 9:30a.m. ( PCD) (Depino, F.) (Entered: 02/23/2001)
MINUTE Entry: denying [606-1] motion to Exclude Testimony of untimely disclosed witnesses for the defendants, denying [606-2] motion to preclude use of in house witnesses as experts, denying [606-3] motion to exclude introduction of untimely disclosed exhibits, denying [606-4] motion or, in the alternative to Produce such exhibits immediately ( PCD) (Depino, F.) (Entered: 02/23/2001)
620 RESPONSE by all defendants to [606-1] motion to Exclude Testimony of untimely disclosed witnesses for the defendants by plaintiffssss, defendant, plaintiff, [606-2] motion to preclude use of in house witnesses as experts by plaintiffssss, defendant, plaintiff, [606-3] motion to exclude introduction of untimely disclosed exhibits by plaintiffssss, defendant, plaintiff (Sherman, M.) (Entered: 02/21/2001)

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02/21/2001 02/22/2001 02/23/2001 02/26/2001
02/26/2001 02/26/2001 02/26/2001 02/26/2001 02/27/2001 02/28/2001
02/28/2001
02/28/2001
02/28/2001 02/28/2001 03/01/2001 03/01/2001 03/01/2001

622 COURT Trial held Trial continued until 2/22/01 @ 9:30a.m. (PCD) (Depino, F.) (Entered: 02/23/2001)
623 COURT Trial held Trial continued until 2/23/01 @ 9:30a.m. ( PCD) (Depino, F.) (Entered: 02/23/2001)
624 COURT Trial held Trial continued until 2/26/01 @ 9:30a.m. ( PCD) (Depino, F.) (Entered: 02/23/2001)
625 MOTION by all plaintiffs to Defer Testimony of Theodore A. Kastner, MD, pending Receipt of Deposition Exhibits (Jefferson, V.) (Entered: 02/26/2001)
626 TRANSCRIPT for date of 2/1/01 (Court reporter: Bowles Reporting Svc) (Pesta, J.) (Entered: 02/26/2001)
627 TRANSCRIPT for date of 2/2/01 (Court reporter: Bowles Reporting Svc) (Pesta, J.) (Entered: 02/26/2001)
628 TRANSCRIPT for date of 2/5/01 (Court reporter: Bowles Reporting Svc) (Pesta, J.) (Entered: 02/26/2001)
629 COURT Trial held Trial continued until 9:00 2/27/01 ( PCD) (Jefferson, V.) (Entered: 02/26/2001)
630 COURT Trial held Trial continued until 2/28/01 @ 9:00 ( PCD) (Jefferson, V.) (Entered: 02/28/2001)
ENDORSEMENT denying for the reasons set forth in open court, [6251] motion to Defer Testimony of Theodore A. Kastner, MD, pending Receipt of Deposition Exhibits ( signed by Judge Peter C. Dorsey ) (Jefferson, V.) (Entered: 02/28/2001)
631 MOTION by all plaintiffs to Defer Testimony of Theodore A. Kastner, M.D. Pending Receipt of Deposition Exhbits (Brief Due 3/21/01 ) (Inferrera, L.) (Entered: 02/28/2001)
632 MOTION by all plaintiffs to preclude Opinions held by Theodore A. Kastner, M.D. and Members of His Team (Brief Due 3/21/01 (Jefferson, V.) (Entered: 03/01/2001)
633 COURT Trial held Trial continued until 3/1/01 @ 9:00. Motion #610, to Amend, GRANTED. ( PCD) (Jefferson, V.) (Entered: 03/01/2001)
MINUTE Entry: granting [610-1] motion to Amend [458-1] amended complaint by plaintiffs ( PCD) (Jefferson, V.) (Entered: 03/01/2001)
634 TRANSCRIPT for date of 2/6/01 (Court reporter: Bowles Reporting Svc) (Pesta, J.) (Entered: 03/01/2001)
635 TRANSCRIPT for date of 2/7/01 (Court reporter: Bowles Reporting SVc) (Pesta, J.) (Entered: 03/01/2001)
636 TRANSCRIPT for date of 2/8/01 (Court reporter: Bowles Reporting Svc) (Pesta, J.) (Entered: 03/01/2001)

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03/01/2001 03/01/2001
03/02/2001 03/05/2001 03/05/2001
03/07/2001 03/08/2001
03/08/2001 03/08/2001 03/08/2001 03/08/2001 03/08/2001 03/08/2001 03/09/2001 03/09/2001 03/09/2001 03/12/2001 03/12/2001

638 COURT Trial held Trial continued until 3/2/01 @ 11a.m. ( PCD) (Depino, F.) (Entered: 03/08/2001)
MINUTE Entry: denying [631-1] motion to Defer Testimony of Theodore A. Kastner, M.D. Pending Receipt of Deposition Exhbits ( PCD) (Depino, F.) (Entered: 03/08/2001)
641 COURT Trial held Trial continued until 3/5/01 @ 9:30a.m. ( PCD) (Depino, F.) (Entered: 03/08/2001)
639 COURT Trial held Trial continued until 3/7/01 @ 9:30a.m. ( PCD) (Depino, F.) (Entered: 03/08/2001)
642 Proposed Rebuttal Witness list by David Smith, Robert Scully Jr., Linda Salafia, Ramona Medina, Burton Hawley Jr., Joseph Green, Connecticut Traumati, Connecticut Assoc., Diane Chapman (Depino, F.) (Entered: 03/08/2001)
640 COURT Trial held Trial continued until 3/8/01 ( PCD) (Depino, F.) (Entered: 03/08/2001)
637 ANSWER and Defenses by Albert J. Solnit, Judith Normandin, Garrell S. Mullaney, Lewis Lippner to fifth amended complaint (Depino, F.) (Entered: 03/08/2001)
643 TRANSCRIPT for date of 2/9/01 (Court reporter: Bowles Reporting Svc) (Pesta, J.) (Entered: 03/09/2001)
644 TRANSCRIPT for date of 2/14/01 (Court reporter: Bowles Reporting Svc) (Pesta, J.) (Entered: 03/09/2001)
645 TRANSCRIPT for date of 2/15/01 (Court reporter: Bowles Reporting Svc) (Pesta, J.) (Entered: 03/09/2001)
646 TRANSCRIPT for date of 2/16/01 (Court reporter: Bowles Reporting Svc) (Pesta, J.) (Entered: 03/09/2001)
647 TRANSCRIPT for date of 2/20/01 (Court reporter: Bowles Reporting Svc) (Pesta, J.) (Entered: 03/09/2001)
648 COURT Trial held Trial continued until 3/9/01 @9:30 a.m. ( PCD) (Villano, P.) (Entered: 03/09/2001)
649 NOTICE of Filing list of Rebuttal Witnesses by all plaintiffs (Villano, P.) (Entered: 03/09/2001)
650 NOTICE of Designation of Transcripts from the 1995 Trial by all plaintiffs (Villano, P.) (Entered: 03/09/2001)
651 COURT Trial held Trial continued until 312/01 @10:00 a.m. ( PCD) (Villano, P.) (Entered: 03/12/2001)
652 Designation of Exerpts of testimony of Gregory O'Shanick, M.D. by all plaintiffs (Villano, P.) (Entered: 03/12/2001)
653 Designation of Exerpts of testimony of Albert Solnit, M.D. by all

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03/12/2001 03/12/2001 03/12/2001 03/12/2001 03/12/2001 03/12/2001 03/13/2001 03/14/2001 03/14/2001 03/14/2001 03/14/2001 03/14/2001
03/14/2001
03/14/2001
03/14/2001
03/14/2001

plaintiffs (Villano, P.) (Entered: 03/12/2001)
654 TRANSCRIPT for date of 2/21/01 (Court reporter: Bowles Reporting Svc) (Pesta, J.) (Entered: 03/12/2001)
655 TRANSCRIPT for date of 2/26/01 (Court reporter: Bowles Reporting Svc) (Pesta, J.) (Entered: 03/12/2001)
656 TRANSCRIPT for date of 2/26/01 (Court reporter: Bowles Reporting Svc) (Pesta, J.) (Entered: 03/12/2001)
657 TRANSCRIPT for date of 2/28/01 (Court reporter: Bowles Reporting Svc) (Pesta, J.) (Entered: 03/12/2001)
658 TRANSCRIPT excerpt of Testtimony of Dr. Freedman for date of 3/7/01 (Court reporter: Bowles Reporting SVc) (Pesta, J.) (Entered: 03/12/2001)
659 COURT Trial held Trial continued until 3/13/01 @10:00 a.m. ( PCD) (Villano, P.) (Entered: 03/14/2001)
660 COURT Trial held Trial concluded ( PCD) (Villano, P.) (Entered: 03/14/2001)
661 Marked Witness List as to all plaintiffs (Villano, P.) (Entered: 03/14/2001)
662 Marked Exhibit List as to all plaintiffs (Villano, P.) (Entered: 03/14/2001)
663 Marked Witness List as to all defendants (Villano, P.) (Entered: 03/14/2001)
664 Marked Exhibit List as to all defendants (Villano, P.) (Entered: 03/14/2001)
ENDORSEMENT granting [602-1] motion to Exclude testimony of plaintiffs' expert witnesses Nancy Ray and Natalie Russo ( signed by Judge Peter C. Dorsey ) (Villano, P.) (Entered: 03/14/2001)
ENDORSEMENT granting [605-1] motion to Admit Into Evidence certain excerpts from the deposition testimony of Dr. Harold Maphet and Mr. Mark Jacobson ( signed by Judge Peter C. Dorsey ) (Villano, P.) (Entered: 03/14/2001)
ENDORSEMENT granting [610-1] motion to Amend [458-1] amended complaint by plaintiffs ( signed by Judge Peter C. Dorsey ) (Villano, P.) (Entered: 03/14/2001)
ENDORSEMENT granting in part, denying in part [612-1] motion to Exclude testimony of Plaintiffs' Expert Witness Ellen Cummings ( signed by Judge Peter C. Dorsey ) (Villano, P.) (Entered: 03/14/2001)
ENDORSEMENT denying [632-1] motion to preclude Opinions held by Theodore A. Kastner, M.D. and Members of His Team ( signed by Judge Peter C. Dorsey ) (Villano, P.) (Entered: 03/14/2001)

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03/14/2001 03/14/2001
03/15/2001 03/15/2001
03/15/2001
03/16/2001 03/16/2001
03/16/2001 03/30/2001
04/02/2001 04/02/2001 04/02/2001 04/02/2001 04/02/2001 04/02/2001 04/02/2001 04/02/2001

ENDORSEMENT granting [613-1] motion to Intervene ( signed by Judge Peter C. Dorsey ) (Villano, P.) (Entered: 03/14/2001)
668 AMENDED COMPLAINT by David Smith, Robert Scully Jr., Ronald Rotman, Ramona Medina, Burton Hawley Jr., Joseph Green, Connecticut Traumati, Connecticut Assoc., Diane Chapman amending [458-1] amended complaint by plaintiffs (Villano, P.) (Entered: 03/15/2001)
666 MOTION by all plaintiffs to preclude expert testimony of Anthony B. Joseph, M.D. (Villano, P.) (Entered: 03/15/2001)
667 MEMORANDUM by all plaintiffs in support of [666-1] motion to preclude expert testimony of Anthony B. Joseph, M.D. (Villano, P.) (Entered: 03/15/2001)
ENDORSEMENT denying [666-1] motion to preclude expert testimony of Anthony B. Joseph, M.D. ( signed by Judge Peter C. Dorsey ) (Villano, P.) (Entered: 03/15/2001)
669 TRANSCRIPT for date of 2/23/01 (Court reporter: Bowles Reporting Svc) (Pesta, J.) (Entered: 03/16/2001)
670 TRANSCRIPT of Testimony of Edward Mattison for date of 7/31/01 (Court reporter: Bowles Reporting Svc) (Pesta, J.) Modified on 03/16/2001 (Entered: 03/16/2001)
671 TRANSCRIPT of the Testimony of Robert Board for date of 8/9/95 (Court reporter: Bowles Reporting Svc) (Pesta, J.) (Entered: 03/16/2001)
681 MOTION by David Smith, Robert Scully Jr., Ramona Medina, Burton Hawley Jr., Joseph Green, Connecticut Traumati, Connecticut Assoc., Diane Chapman to Admit Exhibits (Depino, F.) (Entered: 04/02/2001)
672 TRANSCRIPT of 2/2/01 (Court reporter: Bowles Reporting Svc)(Pesta, J.) Modified on 04/27/2001 (Entered: 04/02/2001)
673 TRANSCRIPT of 3/1/01 (Court reporter: Bowles Reporting Svc)(Pesta, J.) Modified on 04/27/2001 (Entered: 04/02/2001)
674 TRANSCRIPT of 3/2/01 (Court reporter: Bowles Reporting Svc)(Pesta, J.) Modified on 04/27/2001 (Entered: 04/02/2001)
675 TRANSCRIPT of 3/5/01 (Court reporter: Bowles Reporting Svc)(Pesta, J.) Modified on 04/27/2001 (Entered: 04/02/2001)
676 TRANSCRIPT of 3/7/01 (Court reporter: Bowles Reporting Svc)(Pesta, J.) Modified on 04/27/2001 (Entered: 04/02/2001)
677 TRANSCRIPT of 3/8/01 (Court reporter: Bowles Reporting Svc)(Pesta, J.) Modified on 04/27/2001 (Entered: 04/02/2001)
678 TRANSCRIPT of 3/9/01 (Court reporter: Bowles Reporting Svc)(Pesta, J.) Modified on 04/27/2001 (Entered: 04/02/2001)
679 TRANSCRIPT of 4/2/01 (Court reporter: Bowles Reporting Svc)(Pesta,

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04/02/2001 05/15/2001 05/17/2001 05/21/2001 05/23/2001 06/07/2001
06/18/2001 06/18/2001 07/10/2001 07/11/2001 07/16/2001 07/16/2001 07/17/2001 07/31/2001 08/01/2001

J.) Modified on 04/27/2001 (Entered: 04/02/2001)
680 TRANSCRIPT of 3/13/01 (Court reporter: Bowles Reporting Svc) (Pesta, J.) Modified on 04/27/2001 (Entered: 04/02/2001)
ENDORSEMENT granting [681-1] motion to Admit Exhibits ( signed by Judge Peter C. Dorsey ) (Depino, F.) (Entered: 05/15/2001)
682 JOINT MOTION by all plaintiffs and all defendants to Extend Time until 8/20/01 to file post-trial brief (Basile, F.) (Entered: 05/17/2001)
ENDORSEMENT granting [682-1] motion to Extend Time until 8/20/01 to file post-trial brief ( signed by Judge Peter C. Dorsey ) (Basile, F.) (Entered: 05/21/2001)
683 MOTION by Middlesex Hospital for Jacquelyn Conlon to Withdraw as Attorney (Depino, F.) (Entered: 05/23/2001)
ENDORSEMENT granting [683-1] motion for Jacquelyn Conlon to Withdraw as Attorney (Terminated attorney Jacquelyn Conlon for Middlesex Hospital ( signed by Judge Peter C. Dorsey ) (Depino, F.) (Entered: 06/07/2001)
684 MOTION by all plaintiffs for Orders Relating to Discovery (Brief Due 7/9/01 ) (Inferrera, L.) (Entered: 06/19/2001)
685 MEMORANDUM by all plaintiffs in support of [684-1] motion for Orders Relating to Discovery (Inferrera, L.) (Entered: 06/19/2001)
686 MOTION by all defendants to Extend Time until 7/11/01 to complete response to motion for orders related to discovery (Warner, R.) (Entered: 07/10/2001)
687 MEMORANDUM by Albert J. Solnit, Judith Normandin, Garrell S. Mullaney, Lewis Lippner in opposition to [684-1] motion for Orders Relating to Discovery by all plaintiffs (Depino, F.) (Entered: 07/11/2001)
688 Reply by all plaintiffs to [687-1] opposition memorandum by Lewis Lippner, Garrell S. Mullaney, Judith Normandin, Albert J. Solnit (Sherman, M.) (Entered: 07/16/2001)
ENDORSEMENT granting [686-1] motion to Extend Time until 7/11/01 to complete response to motion for orders related to discovery ( signed by Judge Peter C. Dorsey ) (Depino, F.) (Entered: 07/17/2001)
689 RULING denying [684-1] motion for Orders Relating to Discovery ( signed by Judge Peter C. Dorsey ) 2 Page(s) (Depino, F.) (Entered: 07/17/2001)
690 MOTION by all plaintiffs for Catherine Cushman to Withdraw as Attorney (Depino, F.) (Entered: 07/31/2001)
ENDORSEMENT granting [690-1] motion for Catherine Cushman to Withdraw as Attorney (Terminated attorney Catherine E. Cushman for Diane Chapman, for Connecticut Traumati, for Burton Hawley, for

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08/13/2001 08/16/2001 08/17/2001 08/17/2001 10/26/2001 10/30/2001 02/22/2002 02/25/2002 02/26/2002 02/26/2002 03/25/2002 03/25/2002

Ramona Medina, for Linda Salafia, for Robert Scully, for David Smith ( signed by Judge Peter C. Dorsey ) (Depino, F.) (Entered: 08/01/2001)
691 MOTION by all plaintiffs to Extend Time until 10/8/01 to file post trial brief (Warner, R.) (Entered: 08/14/2001)
692 MEMORANDUM by Albert J. Solnit, Judith Normandin, Garrell S. Mullaney, Lewis Lippner in opposition to [691-1] motion to Extend Time until 10/8/01 to file post trial brief by all plaintiffs (Depino, F.) (Entered: 08/16/2001)
693 REPLY by all plaintiffs to response to [691-1] motion to Extend Time until 10/8/01 to file post trial brief by all plaintiffs (Depino, F.) (Entered: 08/17/2001)
ENDORSEMENT granting [691-1] motion to Extend Time until 10/8/01 to file post trial brief ( signed by Judge Peter C. Dorsey ) (Basile, F.) (Entered: 08/20/2001)
694 MOTION by Albert J. Solnit, Judith Normandin, Garrell S. Mullaney, Lewis Lippner for Clarification of 8/17/01 order, granting [691-1] motion to Extend Time until 10/8/01 to file post trial brief by all plaintiffs (Depino, F.) (Entered: 10/26/2001)
ENDORSEMENT granting [694-1] motion for Clarification of 8/17/01 order, granting [691-1] motion to Extend Time until 10/8/01 to file post trial brief by all plaintiffs and the post trial brief shall be filed by 2/28/02 ( signed by Judge Peter C. Dorsey ) (Depino, F.) (Entered: 10/30/2001)
695 MOTION by all defendants to Extend Time until 3/26/02 to file Post Trial Brief (Malone, P.) (Entered: 02/22/2002)
696 OBJECTIONS by all plaintiffs to [695-1] motion to Extend Time until 3/26/02 to file Post Trial Brief by all defendants (Depino, F.) (Entered: 02/26/2002)
ENDORSEMENT granting [695-1] motion to Extend Time until 3/26/02 to file Post Trial Brief ( signed by Judge Peter C. Dorsey ) (Depino, F.) (Entered: 02/26/2002)
697 REPLY by Albert J. Solnit, Judith Normandin, Garrell S. Mullaney, Lewis Lippner to response to [695-1] motion to Extend Time until 3/26/02 to file Post Trial Brief by all defendants (Depino, F.) (Entered: 02/26/2002)
698 MOTION by Albert J. Solnit, Judith Normandin, Garrell S. Mullaney, Lewis Lippner to Strike plaintiffs proposed findings of fact , or, in the alternative to exclude all testimony of Ellen Cummings (Brief Due 4/15/02 ) (Depino, F.) Modified on 03/25/2002 (Entered: 03/25/2002)
699 MEMORANDUM by Albert J. Solnit, Judith Normandin, Garrell S. Mullaney, Lewis Lippner in support of [698-1] motion to Strike (Depino, F.) (Entered: 03/25/2002)

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03/26/2002 03/26/2002 03/26/2002
03/26/2002 03/27/2002 03/27/2002 03/28/2002 04/05/2002 04/05/2002 04/10/2002 04/10/2002 04/10/2002
04/29/2002 05/01/2002 05/09/2002 05/09/2002

700 PROPOSED Conclusions of Law by Albert J. Solnit, Judith Normandin, Garrell S. Mullaney, Lewis Lippner (Depino, F.) (Entered: 03/26/2002)
701 PROPOSED Findings of Fact by Albert J. Solnit, Judith Normandin, Garrell S. Mullaney, Lewis Lippner VOLUME 1 OF II(Depino, F.) Modified on 03/27/2002 (Entered: 03/26/2002)
704 Response by Albert J. Solnit, Judith Normandin, Garrell S. Mullaney, Lewis Lippner to proposed findings of fact by plaintiff NOT FILED WITH COURT (Depino, F.) Modified on 03/27/2002 (Entered: 03/26/2002)
702 PROPOSED Findings of Fact by Albert J. Solnit, Judith Normandin, Garrell S. Mullaney, Lewis Lippner VOLUME 2 OF 2 (Depino, F.) (Entered: 03/27/2002)
703 MOTION by all defendants to Extend Time until 3/28/02 to file post-trial brief (Villano, P.) (Entered: 03/27/2002)
ENDORSEMENT granting [703-1] motion to Extend Time until 3/28/02 to file post-trial brief, reset Filing of Trial Memorandum due by 3/28/02 ( signed by Judge Peter C. Dorsey ) (Depino, F.) (Entered: 03/27/2002)
705 MOTION by Garrell S. Mullaney, Dennis Angelini to Exceed Page Limitations (Depino, F.) (Entered: 04/01/2002)
ENDORSEMENT granting [705-1] motion to Exceed Page Limitations ( signed by Judge Peter C. Dorsey ) (Depino, F.) (Entered: 04/08/2002)
720 POST-TRIAL BRIEF by all defendants (Villano, P.) (Entered: 11/04/2002)
706 MOTION by all plaintiffs to Extend Time to file post-trial reply brief to 7/15/02 (Depino, F.) (Entered: 04/10/2002)
707 MOTION by all plaintiffs to Extend Time to respond to motion to strike to 4/29/02 (Depino, F.) (Entered: 04/10/2002)
ENDORSEMENT granting [707-1] motion to Extend Time to respond to motion to strike to 4/29/02, Brief Deadline set for 4/29/02 [698-1] motion to Strike plaintiffs proposed findings of fact ( signed by Judge Peter C. Dorsey ) (Depino, F.) (Entered: 04/10/2002)
708 MOTION by all plaintiffs for Leave to File brief in excess of page limitation (Depino, F.) (Entered: 04/29/2002)
ENDORSEMENT granting [708-1] motion for Leave to File brief in excess of page limitation ( signed by Judge Peter C. Dorsey ) (Brown, S.) (Entered: 05/01/2002)
709 MOTION by Forestville Health for Maureen Weaver to Withdraw as Attorney (Depino, F.) (Entered: 05/10/2002)
710 MOTION by Cedar Lane for Maureen Weaver to Withdraw as Attorney (Depino, F.) (Entered: 05/10/2002)

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05/17/2002
05/21/2002
05/21/2002 05/21/2002 05/23/2002 05/29/2002 05/29/2002
06/20/2002 07/02/2002 07/08/2002 07/08/2002

711 MOTION by Lewis Lippner, Garrell S. Mullaney, Judith Normandin, Albert J. Solnit to Extend Time until 5/23/02 to file reply brief to memorandum in opposition to motion to strike, or, in the alternative, for permission to file such reply brief nunc pro tunc. (Warner, R.) (Entered: 05/17/2002)
ENDORSEMENT granting [711-1] motion to Extend Time until 5/23/02 to file reply brief to memorandum in opposition to motion to strike, or, in the alternative, for permission to file such reply brief nunc pro tunc., Brief Deadline set for 5/23/02 [698-1] motion to Strike plaintiffs proposed findings of fact ( signed by Judge Peter C. Dorsey ) (D'Andrea, S.) (Entered: 05/22/2002)
ENDORSEMENT Granting [709-1] Motion for Maureen Weaver to Withdraw as Attorney (Terminated Attorney Maureen Weaver for Forestville Health (signed by Judge Peter C. Dorsey) (D'Andrea, S.) (Entered: 05/22/2002)
ENDORSEMENT Granting [710-1] Motion for Maureen Weaver to Withdraw as Attorney (Terminated attorney Maureen Weaver for Cedar Lane (signed by Judge Peter C. Dorsey) (D'Andrea, S.) (Entered: 05/22/2002)
712 MOTION by Albert J. Solnit, Judith Normandin, Lewis Lippner for Leave to File reply brief in excess of page limitation (Depino, F.) (Entered: 05/23/2002)
ENDORSEMENT granting [712-1] motion for Leave to File reply brief in excess of page limitation ( signed by Judge Peter C. Dorsey ) (Villano, P.) (Entered: 05/30/2002)
713 REPLY by all defendants to response to [698-1] motion to Strike plaintiffs proposed findings of fact by Lewis Lippner, Garrell S. Mullaney, Judith Normandin, Albert J. Solnit, [698-2] motion to exclude all testimony of Ellen Cummings by Lewis Lippner, Garrell S. Mullaney, Judith Normandin, Albert J. Solnit (Villano, P.) (Entered: 05/30/2002)
714 MOTION by Hospital for Special for Susan Chambers to Withdraw as Attorney (Torday, B.) (Entered: 06/21/2002)
ENDORSEMENT granting [714-1] motion for Susan Chambers to Withdraw as Attorney (Terminated attorney Susan S. Chambers for Hospital for Special ( signed by Judge Peter C. Dorsey ) (Warner, R.) (Entered: 07/02/2002)
715 MOTION by all plaintiffs for Leave to File post-trial reply brief , and to Extend Time to file post-trial reply brief (Depino, F.) (Entered: 07/08/2002)
ENDORSEMENT granting in part; reply brief due 8/15/02 [715-1] motion for Leave to File post-trial reply brief, granting in part, denying in part [715-2] motion to Extend Time to file post-trial reply brief ( signed by Judge Peter C. Dorsey ) (Torday, B.) (Entered: 07/08/2002)

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716 MOTION by all plaintiffs to Extend Time until 8/23/02 file reply brief (Warner, R.) (Entered: 08/08/2002)
717 MOTION by all plaintiffs to exceed the page limitation for reply brief (Torday, B.) (Entered: 08/15/2002)
718 Reply to defendants' response to plaintiffs' proposed findings of fact by all plaintiffs to (Torday, B.) (Entered: 08/15/2002)
ENDORSEMENT granting [717-1] motion to exceed the page limitation for reply brief ( signed by Judge Peter C. Dorsey ) (Warner, R.) (Entered: 08/19/2002)
ENDORSEMENT granting [716-1] motion to Extend Time until 8/23/02 file reply brief ( signed by Judge Peter C. Dorsey ) (Warner, R.) (Entered: 08/19/2002)
719 Response/Reply by all plaintiffs to post-trial brief (Warner, R.) (Entered: 08/20/2002)
721 MEMORANDUM of Decision Accordingly judgment shall enter for the defendants ( signed by Judge Peter C. Dorsey ) 84 Pages(s) (Depino, F.) (Entered: 11/21/2002)
724 JUDGMENT for Albert J. Solnit, Judith Normandin, Linda Salafia, Garrell S. Mullaney, Mental Retardation, Mental Health, Lewis Lippner, Margot Hall against all plaintiffs ( signed by Clerk ) (Depino, F.) (Entered: 11/26/2002)
Case closed (Depino, F.) (Entered: 11/26/2002)
725 ORDER denying [706-1] motion to Extend Time to file post-trial reply brief to 7/15/02, denying [698-1] motion to Strike plaintiffs proposed findings of fact, denying [698-2] motion to exclude all testimony of Ellen Cummings ( signed by Judge Peter C. Dorsey ) (Depino, F.) (Entered: 02/28/2003)

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[CONTENT] February 8, 1990 | the Connecticut Traumatic Brain Injury Association | the Connecticut Departments of Mental Health and Mental Retardation | the United States | Connecticut ||| Norwich | Fairfield Hills Hospitals ||| Connecticut Legal Services | the Connecticut Office of Protection | Advocacy ||| the Equal Protection | Due Process | the Fourteenth Amendment | the Rehabilitation Act | 1973 | Americans |||  ||| the District Court | Peter C. Dorsey | April 4, 1995 ||| Conn. |||  ||| Hogan | 161 | 1995 |||  ||| Peter C. Dorsey | August 2, 1995 ||| half | June 30, 1996 | June 30, 1997 ||| CARC ||| the Fairfield Hills Hospital | Norwich Hospital |||  |||  ||| the period of | August 2, 1995 to November 2002 ||| July 25, 1995 | August 16, 1995 |||  ||| Cousins |||  ||| February, 2001 ||| the District Court | November 26, 2002 [SUMMARY] On February 8, 1990, the Connecticut Traumatic Brain Injury Association filed a class action lawsuit against the Connecticut Departments of Mental Health and Mental Retardation and various state hospitals in the United States District Court for the District of Connecticut.  Plaintiffs were a class of persons with intellectual disabilities or traumatic brain injuries and who were or may be placed in Norwich or Fairfield Hills Hospitals.  They were represented by Connecticut Legal Services, the Connecticut Office of Protection and Advocacy, and private attorneys.  The complaint alleged violations of the Equal Protection and Due Process clauses of the Fourteenth Amendment, the Rehabilitation Act of 1973, and the Americans with Disabilities Act.  Plaintiffs sought to enjoin the practice of placing non-dangerous brain injured individuals and individuals with intellectual disabilities in state hospitals for the mentally ill, where necessary treatment and training was not available.    

The defendants moved to exclude those class members who were voluntarily placed into the hospitals and the District Court (Chief Judge Peter C. Dorsey) denied the motion on April 4, 1995.  Conn. Traumatic Brain Injury Assoc. v. Hogan, 161 F.R.D. 8 (D. Conn. 1995).    

Thereafter, the parties settled the claims of the class members with intellectual disabilities on the eve of trial.  Chief Judge Peter C. Dorsey entered a stipulation and order on August 2, 1995 which approved the settlement terms.  The defendants agreed to place half of the class members with intellectual disabilities into community settings by June 30, 1996 and the remaining by June 30, 1997.  The defendants also agreed to provide services to the class members in accord with the standards, policies, and procedures developed in the CARC v. Thorne (ID-CT-0001) litigation.  After those transfers, the Fairfield Hills Hospital and Norwich Hospital were to be closed, and the portion of the case relating to class members with intellectual disabilities was to be dismissed. 

The case continued with respect to claims of class members with brain injuries.  Note that the PACER docket did not contain hyper-links to case pleadings and orders and we did not have copies of subsequent case documents.  Information on the history of this litigation for the period of August 2, 1995 to November 2002 was limited to the PACER docket entries.

According to the PACER docket, following the partial settlement, the case proceeded to trial, beginning on July 25, 1995 and continuing through August 16, 1995.  It appears that the trial was then recessed and stayed by the court so that the parties could pursue settlement negotiations.  Negotiations continued and the parties participated in numerous court ordered settlement conferences with mediator, Attorney Cousins.  The remaining issues in the case did not settle.

Trial as to the claims of brain injured class members reconvened in February, 2001.  The docket indicates that following post-trial motions and briefs, the District Court entered judgment for the defendants and closed the case on November 26, 2002.  

