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)

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IN THE UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF TENNESSEE NASHVILLE DIVISION PEOPLE FIRST OF TENNESSEE, et al., ) ) ) ) ) ) ) ) ) ) ) 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 ______________________________________________________________________________ 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. 1 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 2

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