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John B. v. Goetz
OPINION TEXT STARTS HERE
Barry Leigh Weissman, Leanna Marie Anderson, Sonnenschein, Nath & Rosenthal, Los Angeles, CA, George Gordon Bonnyman, Jr., Michele M. Johnson, Christopher E. Coleman, Tennessee Justice Center, Inc., Nashville, TN, Mary B. Anderson, Robert Thomas Joseph, Sonnenschein, Nath & Rosenthal, Chicago, IL, Victoria Reznik, Andrew Dunlap, Katherine L. McDaniel, Michael H. Reed, Kirkland & Ellis, New York, NY, Tony L. Richardson, for Plaintiffs.
MEMORANDUM
Plaintiffs, John B., and other minors through their next friends, filed this action on behalf of themselves and other similarly situated minors under 42 U.S.C. § 1983, asserting jurisdiction under 28 U.S.C. § 1331, the federal question jurisdiction statute, with its statutory counterpart, 28 U.S.C. § 1343(a)(3) and (4). Plaintiffs' action is on behalf of a class of approximately 550,000 children who are entitled under federal law to medical services that include early and periodic screenings for their physical well being, including their dental and behavioral health needs. Federal law also requires any necessary follow-up medical services. The Plaintiffs' class includes children who are in the state's custody through the state's juvenile court system and other children's programs provided by the State of Tennessee.
Plaintiffs seek to enforce their rights under Title VI of the Social Security Act, 42 U.S.C. §§ 620–629 and 670–679 and Title XIX of that Act, 42 U.S.C. § 1396 et seq. as well as remedies for violations of the Due Process Clause of the Fourteenth Amendment to the United States Constitution. In essence, Plaintiffs allege that the Defendants deprived them of their rights to early and periodic screening, diagnosis and treatment (EPSDT) services and related medical care for children under State's TennCare program and children who are in the Defendants' legal custody and are also entitled to such services under Title VI.
The original Defendants were Nancy Menke, Commissioner, Tennessee Department of Health; Theresa Clarke, Assistant Commissioner, Bureau of TennCare; and George Hattaway, Commissioner, Tennessee Department of Children's Services. The successors in office and current Defendants are: David Goetz, Commissioner, Tennessee Department of Finance and Administration; J.D. Hickey, Assistant Commissioner, TennCare Bureau 1; and Viola Miller, Tennessee Department of Children's Services. The Defendants are state officials who are in charge of the State programs for these services that are federally funded by Congress under Title VI of the Social Security Act, 42 U.S.C. §§ 620– 629 and 670– 679 and Title XIX of that Act. The medical services at issue are provided under the State's TennCare program, a waiver...
5 cases
Green v. Sch. Admin. Unit #55
"...what its government is up to," Prof'l Firefighters of N.H., 159 N.H. at 705, 992 A.2d 582 (quotation omitted). See John B. v. Goetz , 879 F.Supp.2d 787, 877 (M.D.Tenn.2010) ("Electronically stored information, if kept in electronic form ... can be very inexpensive to search through and sort..."
Helicopters v. City of Columbus
"... ... 6 See Giles v. Sun Pipe Line Co., 833 F.2d 1012, 1987 WL 39079, at *4 (6th Cir.1987) (unpublished table decision); Byrd v. Law Offices of John D. Clunk Co., LPA, No. 1:09–cv–076, 2010 WL 816932, at *8 (S.D.Ohio Mar. 8, 2010); CitiMortgage, Inc. v. Robson, No. 2011–CA–0017, 2011 WL ... "
Elvis Presley Enters. v. City of Memphis
"...and the Work-Product Doctrine, American Bar Association Section of Litigation at 196 (4th ed. 2001)); see also John B. v. Goetz, 879 F. Supp. 2d 787, 897-98 (M.D. Tenn. 2010) (citations omitted). The common interest privilege may be claimed in three instances: (1) when a single attorney rep..."
In re Haynes
"...a lawyer provides non-legal services, such as supplying business advice, the privilege does not attach."); John B. v. Goetz , 879 F.Supp.2d 787, 894–95 (M.D. Tenn. 2010) (" '[T]he attorney-client privilege protects only communications pertaining to legal assistance and advice and does not e..."
Edgar Cty. Watchdogs v. Joliet Twp.
"...hard drive. See Alliance of Artists & Recording Cos. v. General Motors Co., 162 F. Supp. 3d 8, 14 (D.D.C. 2016); John B. v. Goetz, 879 F. Supp. 2d 787, 880 (M.D. Tenn. 2010); United States v. Metter, 860 F. Supp. 2d 205, 210 n.3 (E.D.N.Y. 2012). Township personnel lacked the expertise to co..."
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Discovery
"...Collins & Aikman Corp ., 256 F.R.D. 403, 417 (S.D.N.Y. 2009) (electronically stored information is discoverable); John B. v. Goetz , 879 F. Supp. 2d 787, 878 (M.D. Tenn. 2010) (“[I]t is a well accepted proposition that deleted computer files, whether they be e-mails or otherwise, are discov..."
Discovery and Your Expert
"...concluded that it was incumbent not to slow production pending scrupulous scrutiny of each document for privilege.” John B. v. Goetz , 879 F. Supp. 2d 787, 892 (M.D. Tenn. 2010). The court concluded that a statement at a prior hearing established that the defendants consented to the clawbac..."
Discovery and Your Expert
"...concluded that it was incumbent not to slow production pending scrupulous scrutiny of each document for privilege.” John B. v. Goetz , 879 F. Supp. 2d 787, 892 (M.D. Tenn. 2010). The court concluded that a statement at a prior hearing established that the defendants consented to the clawbac..."
Discovery and Your Expert
"...concluded that it was incumbent not to slow production pending scrupulous scrutiny of each document for privilege.” John B. v. Goetz , 879 F. Supp. 2d 787, 892 (M.D. Tenn. 2010). The court concluded that a statement at a prior hearing established that the defendants consented to the clawbac..."
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Significant Changes To The Federal Rules Of Civil Procedure Expected To Take Effect December 1, 2015: Practical Implications And What Litigators Need To Know
"...[26] E.g., Boeynaems, 285 F.R.D. at 341-42. [27] E.g., Kleen, 2012 WL 4498465, at *19. [28] E.g., id. at *10. [29] John B. v. Goetz, 879 F. Supp. 2d 787, 887 (M.D. Tenn. 2010) (["A]ny cost of ESI discovery is far outweighed by the benefits of the improved health of the children in this [30]..."
Having A Good Document-Retention Policy
"...on discovery of electronic data and potential sanctions for deleting data after a litigation hold is in place, see John B. v. Goetz, 879 F.Supp.2d 787 (M.D. Tenn. Aside from the litigation-hold context, a uniform policy may help in discovery controversies. For example, if you receive a docu..."
Having a Good Document-Retention Policy
"...are retained. Once you developed your policy, it needs to be communicated to all employees and implemented uniformly. John B. v. Goetz, 879 F.Supp.2d 787 (M.D. Tenn. 2010). Aside from the litigation-hold context, a uniform policy may help in discovery controversies. For example, if you rece..."
When Sharing Is Caring: The Federal "Common Interest Privilege"
"...3. In re EchoStar, 448 F.3d at 1301. 4. In re Pacific Pictures Corp., 679 F.3d 1121, 1129 (9th Cir. 2012). 5.Id.; John B. v. Goetz, 879 F. Supp. 2d 787, 898 (M.D. Tenn. The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be soug..."
When Sharing is Caring: The Federal “Common Interest Privilege”
"...[3] In re EchoStar, 448 F.3d at 1301. [4] In re Pacific Pictures Corp., 679 F.3d 1121, 1129 (9th Cir. 2012). [5]Id.; John B. v. Goetz, 879 F. Supp. 2d 787, 898 (M.D. Tenn. Alexandra Ortiz Hadley function JDS_LoadEvent(func) { var existingOnLoad = window.onload; if (typeof window.onload != '..."
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4 books and journal articles
Discovery
"...Collins & Aikman Corp ., 256 F.R.D. 403, 417 (S.D.N.Y. 2009) (electronically stored information is discoverable); John B. v. Goetz , 879 F. Supp. 2d 787, 878 (M.D. Tenn. 2010) (“[I]t is a well accepted proposition that deleted computer files, whether they be e-mails or otherwise, are discov..."
Discovery and Your Expert
"...concluded that it was incumbent not to slow production pending scrupulous scrutiny of each document for privilege.” John B. v. Goetz , 879 F. Supp. 2d 787, 892 (M.D. Tenn. 2010). The court concluded that a statement at a prior hearing established that the defendants consented to the clawbac..."
Discovery and Your Expert
"...concluded that it was incumbent not to slow production pending scrupulous scrutiny of each document for privilege.” John B. v. Goetz , 879 F. Supp. 2d 787, 892 (M.D. Tenn. 2010). The court concluded that a statement at a prior hearing established that the defendants consented to the clawbac..."
Discovery and Your Expert
"...concluded that it was incumbent not to slow production pending scrupulous scrutiny of each document for privilege.” John B. v. Goetz , 879 F. Supp. 2d 787, 892 (M.D. Tenn. 2010). The court concluded that a statement at a prior hearing established that the defendants consented to the clawbac..."
Try vLex and Vincent AI for free
Start a free trialStart Your 3-day Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
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Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
5 cases
Green v. Sch. Admin. Unit #55
"...what its government is up to," Prof'l Firefighters of N.H., 159 N.H. at 705, 992 A.2d 582 (quotation omitted). See John B. v. Goetz , 879 F.Supp.2d 787, 877 (M.D.Tenn.2010) ("Electronically stored information, if kept in electronic form ... can be very inexpensive to search through and sort..."
Helicopters v. City of Columbus
"... ... 6 See Giles v. Sun Pipe Line Co., 833 F.2d 1012, 1987 WL 39079, at *4 (6th Cir.1987) (unpublished table decision); Byrd v. Law Offices of John D. Clunk Co., LPA, No. 1:09–cv–076, 2010 WL 816932, at *8 (S.D.Ohio Mar. 8, 2010); CitiMortgage, Inc. v. Robson, No. 2011–CA–0017, 2011 WL ... "
Elvis Presley Enters. v. City of Memphis
"...and the Work-Product Doctrine, American Bar Association Section of Litigation at 196 (4th ed. 2001)); see also John B. v. Goetz, 879 F. Supp. 2d 787, 897-98 (M.D. Tenn. 2010) (citations omitted). The common interest privilege may be claimed in three instances: (1) when a single attorney rep..."
In re Haynes
"...a lawyer provides non-legal services, such as supplying business advice, the privilege does not attach."); John B. v. Goetz , 879 F.Supp.2d 787, 894–95 (M.D. Tenn. 2010) (" '[T]he attorney-client privilege protects only communications pertaining to legal assistance and advice and does not e..."
Edgar Cty. Watchdogs v. Joliet Twp.
"...hard drive. See Alliance of Artists & Recording Cos. v. General Motors Co., 162 F. Supp. 3d 8, 14 (D.D.C. 2016); John B. v. Goetz, 879 F. Supp. 2d 787, 880 (M.D. Tenn. 2010); United States v. Metter, 860 F. Supp. 2d 205, 210 n.3 (E.D.N.Y. 2012). Township personnel lacked the expertise to co..."
Try vLex and Vincent AI for free
Start a free trialStart Your 3-day Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your 3-day Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
5 firm's commentaries
Significant Changes To The Federal Rules Of Civil Procedure Expected To Take Effect December 1, 2015: Practical Implications And What Litigators Need To Know
"...[26] E.g., Boeynaems, 285 F.R.D. at 341-42. [27] E.g., Kleen, 2012 WL 4498465, at *19. [28] E.g., id. at *10. [29] John B. v. Goetz, 879 F. Supp. 2d 787, 887 (M.D. Tenn. 2010) (["A]ny cost of ESI discovery is far outweighed by the benefits of the improved health of the children in this [30]..."
Having A Good Document-Retention Policy
"...on discovery of electronic data and potential sanctions for deleting data after a litigation hold is in place, see John B. v. Goetz, 879 F.Supp.2d 787 (M.D. Tenn. Aside from the litigation-hold context, a uniform policy may help in discovery controversies. For example, if you receive a docu..."
Having a Good Document-Retention Policy
"...are retained. Once you developed your policy, it needs to be communicated to all employees and implemented uniformly. John B. v. Goetz, 879 F.Supp.2d 787 (M.D. Tenn. 2010). Aside from the litigation-hold context, a uniform policy may help in discovery controversies. For example, if you rece..."
When Sharing Is Caring: The Federal "Common Interest Privilege"
"...3. In re EchoStar, 448 F.3d at 1301. 4. In re Pacific Pictures Corp., 679 F.3d 1121, 1129 (9th Cir. 2012). 5.Id.; John B. v. Goetz, 879 F. Supp. 2d 787, 898 (M.D. Tenn. The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be soug..."
When Sharing is Caring: The Federal “Common Interest Privilege”
"...[3] In re EchoStar, 448 F.3d at 1301. [4] In re Pacific Pictures Corp., 679 F.3d 1121, 1129 (9th Cir. 2012). [5]Id.; John B. v. Goetz, 879 F. Supp. 2d 787, 898 (M.D. Tenn. Alexandra Ortiz Hadley function JDS_LoadEvent(func) { var existingOnLoad = window.onload; if (typeof window.onload != '..."