People First of TN, et al v. Clover Bottom Devel, et al

Filing 1201

REPORT AND RECOMMENDATION: It is hereby ORDERED that the initial case management conference scheduled for August 21, 2017 at 3:45 p.m. is RESET for Monday, August 28, 2017 at 3:45 p.m. Signed by Magistrate Judge Barbara D. Holmes on 6/27/2017. (xc:Pro se party by email. ) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(jw)

IN THE UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION

PEOPLE FIRST OF TENNESSEE, et al.,

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Plaintiffs,
v.

CLOVER BOTTOM DEVELOPMENTAL
CENTER, et al.,
Defendants.

No. 3:95-1227
(cons. w/ 3:96-1056)
JUDGE CRENSHAW

______________________________________________________________________________
REPORT AND RECOMMENDATION FOR ENTRY OF AN ORDER FINDING THAT
DEFENDANTS HAVE COMPLETED
MATERIAL PROVISIONS OF THE EXIT PLAN
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Before the Court is the request of Defendants the State of Tennessee, et al. (“Defendants”),
made pursuant to paragraph 7 of the Agreed Order (Doc. No. 1138) and Rule 72 of the Federal
Rules of Civil Procedure, for this Court to issue a Report and Recommendation that Defendants
have completed certain material provisions of the Exit Plan (Doc. 1138-1).

In particular,

Defendants have requested that they be found to have completed the following provisions of the
Exit Plan: Section X.D., Section X.E. and Section X.F.
Based upon the compliance meeting conducted by this Court on June 6, 2017, this Court
FINDS, and hereby recommends, that good cause exists to enter an Order holding that Defendants
have complied with Section X.D., Section X.E. and Section X.F. In addition, the Court specifically
FINDS that Section X.C. of the Exit Plan does not include any objective and measureable criteria
that were required to be satisfied by Defendants.
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Pursuant to paragraph 7 of the Agreed Order, People First, the United States, and the Parent
Guardian Associations of Clover Bottom Developmental Center and of Greene Valley
Developmental Center have fourteen (14) days from the entry of this Report and Recommendation
to file an objection to it. If no such objection is filed within the prescribed period of time, the
findings in this Report and Recommendation shall be final and binding on all parties.
IT IS SO ORDERED.

_____________________________
BARBARA D. HOLMES
U.S. MAGISTRATE JUDGE

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