U.S. v. TENNESSEE

No. 92-2062-D/A.

256 F.Supp.2d 768 (2003)

UNITED STATES of America, Plaintiff, v. State of TENNESSEE, et al., Defendants, and People First of Tennessee, et al., Intervenors, Parent-Guardian Association of Arlington Developmental Center, Intervenors.

United States District Court, W.D. Tennessee, Western Division.

February 21, 2003.


Attorney(s) appearing for the Case

Nicole Porter, Janine Scott, U.S. Department of Justice, Special Litigation Section, Thomas F Urban, II, United States Department of Justice, Civil Rights Division, Special Litigation Section, Washington, DC, Aileen M. Bell, U.S. Department of Justice, Civil Rights Division, Washington, DC, for USA, plaintiff.

Earle J. Schwarz, Esq., Glankler Brown, PLLC, Memphis, Edward G. Connette, Esq., Lesesne & Connette, Charlotte, NC, Jack W. Derryberry, Esq., Ward Derryberry & Thompson, Nashville, Judith A. Gran, Esq., Public Interest Law Center of Philadelphia, Frank J. Laski, Esq., Public Interest Law Center of Philadelphia, Philadelphia, PA, Roger Manus, Law Office of Roger Manus, Raleigh, NC, William F. Sherman, Esq., Law Offices of William F. Sherman, Little Rock, AR, Diane C. Spears, Williams & Prochaska, P.C., Memphis, for Carl Beard, by his next friend Wendy Kurland, People First of Tennessee, on behalf of all its members, Sandra Howard, by her next friend Elizabeth Henderson, Herman Walter Runions, by his next friend Sarah R. Todd, Harvey Richard Watson, by his next friend Jodie Wheeler, Clarence Wilson, by his next friend Wilma Williamson, Keith Collins, by his mother and next friend Joyce Cisco, Stevelyn Danieal Tucker, by her parents and next friends Carolyn and Steve Tucker, West Tennessee Parent Guardian Association, intervenors.

Leo Maurice Bearman, Jr., Esq., Baker Donelson Bearman & Caldwell, Jonathan P. Lakey, Esq., Burch Porter & Johnson, Memphis, Dianne Stamey Dycus, Esq., Attorney General and Reporter, Civil Division, Nashville, for Tennessee, State of, Don Sundquist, Governor of the State of Tennessee, Marjorie Nelle Cardwell, Max Jackson, Superintendent of Arlington Developement Center, defendants.


ORDER DENYING THE APPROVAL OF MEDIATION SETTLEMENT AGREEMENT

DONALD, District Judge.

This matter is before the Court on the joint motions of the parties, the United States of America, the State of Tennessee, and People First of Tennessee to approve the proposed Mediation Settlement Agreement ("MSA"). The M.S.A. § proposes a global settlement of all claims arising in connection with three appeals that were pending before the United States Court of Appeals...

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