Case: Parents League for Effective Autism Servs. v. Jones-Kelley

2:08-cv-00421 | U.S. District Court for the Southern District of Ohio

Filed Date: May 2, 2008

Closed Date: 2011

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Case Summary

On May 2, 2008, the Parents' League for Effective Autism Services (PLEAS), along with three autistic children with autism who received medically necessary services funded by Medicaid, filed this suit in the United States District Court for the Southern District of Ohio, against the Director of the Ohio Department of Job and Family Services and the Director of the Ohio Department of Mental Health. The suit was brought under 42 U.S.C. § 1983 and alleged violations of plaintiffs' rights under fede…

The plaintiffs claimed that amendments to Ohio administrative rules (O.A.C. §§ 5101:3-27-02 and 5122-29-17, which were scheduled to be effective July 1, 2008) promulgated by the defendants would deprive the plaintiffs of services required by the federal Early and Periodic Screening, Diagnostic, and Treatment (EPSDT) program. The federal requirements for EPSDT require states to provide "such other necessary health care, diagnostic services, treatment, and other measures to correct or to ameliorate defects and physical and mental illnesses and conditions discovered by the screening services, whether or not such services are covered under the State plan." 42 U.S.C. § 1396d(r)(5). Further, the Medicaid Act required states to fund "preventive and rehabilitative services, including any medical or remedial services recommended by a physician . . . for the maximum reduction of physical or mental disability and restoration of an individual to the best possible functional level[.]" 42 U.S.C. § 1396d(a)(13).

Plaintiffs received physician-recommended services including "full day center-based applied behavior analysis, psychological assessments and diagnosis, parent advocacy and resource information and home outreach services including one-to-one services," which plaintiffs characterized as rehabilitative and resulting in the "maximum reduction of physical and mental disabilities and restoration to the best possible functional level." Under the new rules promulgated by the defendants, only services that were rehabilitative, rather than services that were ameliorative or that prevented deterioration, would available to Medicaid recipients. The rules also would restrict the definition of certain rehabilitative services, including applied behavioral analysis, so that they would only to patients whose diagnoses were categorized as "mental illness," a grouping that did not include autism and related diagnoses.

Plaintiffs sought injunctions ordering the defendants to continue or begin providing 35-40 hours of applied behavioral analysis services to the plaintiff children. They sought orders enjoining the defendants from enforcing the new rules, and requiring them to develop new rules that complied with federal Medicaid law. That sought declarations that the rules violated the plaintiff's rights and that they were unlawful. Plaintiffs also sought attorney's fees and legal costs.

On June 20, 2008, the Court (Judge James L. Graham) ordered that, pursuant a motion filed by the defendants and to Fed. R. Civ. 19(a), the plaintiffs file an amended complaint, adding as a necessary defendant the Administrator of the Centers for Medicare & Medicaid Services, the federal agency responsible for approving state Medicaid plans. The amended complaint was filed on June 24, 2008.

On June 30, 2008, the Court found that the plaintiffs had standing to bring the suit and denied the Defendants' motion to dismiss the case. Parents League for Effective Autism Servs. v. Jones-Kelley, 565 F. Supp. 2d 895 (S.D. Ohio 2008). On the same day, the Court issued a separate opinion granting the plaintiffs' motions for a temporary restraining order and preliminary injunction preventing the State from implementing the amendments to O.A.C. §§ 5101:3-27-02 and 5122-29-17, finding that the plaintiffs case had a strong likelihood of success on the merits, and that the plaintiffs would likely suffer irrevocable harm if the rules were to go into effect. Parents League for Effective Autism Servs. v. Jones-Kelley, 565 F.Supp.2d 905 (S.D.Ohio 2008).

The defendants appealed this decision and filed a motion for stay of the proceedings before the District Court and a stay of the preliminary injunction, pending the outcome of the appeal. On July 17, 2008, Judge Graham granted the motion to stay proceedings, but left the preliminary injunction in place. Parents League for Effective Autism Servs. v. Jones-Kelley, 2008 WL 2796744 (S.D. Ohio 2008).

On July 29, 2009, the Sixth Circuit Court of Appeals (Judge John M. Rogers) affirmed the District Court's grant of the preliminary injunction. Parents' League for Effective Autism Servs. v. Jones-Kelley, 339 F. App'x 542 (6th Cir. 2009). On September 18, 2009, the District Court referred the case to mediation. Two years later, on September 14, 2011, the parties informed the court that they had reached a settlement, and requested that the preliminary injunction and restraining order be lifted. The Court dissolved the restraining order and injunction the next day. On December 15, 2011, the parties filed a joint stipulation requesting the dismissal of the case with prejudice, which specified that the defendants had fulfilled their obligations under the settlement. The court dismissed the case.

The terms of the settlement do not appear to have been made public. According to the Ohio Disability Rights Law and Policy Center (Disability Rights Ohio) website, the settlement "[r]equires maintaining [the prior rules] that [do] not restrict services based on cognitive ability or recovery of lost skills; Authorizes [the filing of] a new rule that implements a prior authorization process for more than 104 hours of CPST services per year; Exempts 123 PLEAS member children and settlement beneficiaries from the prior authorization process for CPST services until those children reach age 21, and; Reimburses plaintiffs' attorneys' fees." See their summary of the case at http://www.disabilityrightsohio.org/legal-library/pleas for more information.

Summary Authors

Alex Colbert-Taylor (8/8/2013)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4843491/parties/parents-league-for-effective-autism-services-pleas-v-helen-jones-kelley/

Judge(s)

Attorney for Plaintiff

Atkinson, Michelle Francine (Ohio)

Cress, Ronda Joy (Ohio)

Attorney for Defendant

Adair, Jennifer Anne (Ohio)

Carroll, Roger Francis (Ohio)

Expert/Monitor/Master/Other

Coterel, Vanessa K.

Judge(s)

Gibbons, Julia Smith (Tennessee)

Graham, James L. (Ohio)

Kennedy, Cornelia Groefsema (Michigan)

King, Norah McCann (Ohio)

Rogers, John M. (District of Columbia)

Attorney for Plaintiff

Atkinson, Michelle Francine (Ohio)

Cress, Ronda Joy (Ohio)

DeWine, Michael (Ohio)

Tobin, Susan Gail (Ohio)

Attorney for Defendant

Adair, Jennifer Anne (Ohio)

Carroll, Roger Francis (Ohio)

D'Alessandro, Mark Thomas (Ohio)

General, Ara G.

Hartnett, Elizabeth Grace (Ohio)

Mekhjian, Ara (Ohio)

Other

Coterel, Vanessa K.

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

2:08-cv-00421	Docket [PACER] Parents' League for Effective Autism Services v. Jones-Kelley	July 31, 2012	July 31, 2012 Docket
2 2:08-cv-00421	Complaint for Injunctive and Declaratory Relief Parents' League for Effective Autism Services v. Jones-Kelley	May 2, 2008	May 2, 2008 Complaint
3 2:08-cv-00421	Plaintiffs' Motion for Temporary Restraining Order	May 2, 2008	May 2, 2008 Pleading / Motion / Brief
9 2:08-cv-00421	Protective Order (regarding confidential information)	May 14, 2008	May 14, 2008 Order/Opinion
13 2:08-cv-00421	Defendants' Joint Motion to Dismiss	May 19, 2008	May 19, 2008 Pleading / Motion / Brief
24 2:08-cv-00421	Order on Joinder (plaintiffs to amend complaint adding defendant CMS)	June 20, 2008	June 20, 2008 Order/Opinion
27 2:08-cv-00421	Amended Complaint for Injunctive and Declaratory Relief	June 24, 2008	June 24, 2008 Complaint
34 2:08-cv-00421	Memorandum Opinion and Order	June 30, 2008	June 30, 2008 Order/Opinion 565 F.Supp.2d 895
37 2:08-cv-00421	Memorandum Opinion and Order	June 30, 2008	June 30, 2008 Order/Opinion 565 F.Supp.2d 905
40 2:08-cv-00421	Amended Order Granting Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction	July 1, 2008	July 1, 2008 Order/Opinion

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/4843491/parents-league-for-effective-autism-services-pleas-v-helen-jones-kelley/

Last updated April 6, 2025, 3:20 p.m.

ECF Number	Date	Description	Link
1	May 2, 2008	Civil Cover Sheet. (er ) (Entered: 05/02/2008)	PACER
2	May 2, 2008	COMPLAINT filed by K.W., Parents' League for Effective Autism Services (PLEAS), X.C. &W.G. against Helen Jones−Kelley &Sandra Stephenson. (er ) (Entered: 05/02/2008)	PACER
3	May 2, 2008	MOTION for Temporary Restraining Order by Plaintiffs K.W., Parents' League for Effective Autism Services (PLEAS), X.C. &W.G. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Counsel for Plaintiff's Statement, # 14 Text of Proposed Order) (er ) (Entered: 05/02/2008)	PACER
4	May 2, 2008	MOTION to Proceed Under Pseudonym by Plaintiffs K.W., Parents' League for Effective Autism Services (PLEAS), X.C. &W.G. (er ) (Entered: 05/02/2008)	PACER
	May 2, 2008	NOTICE of TRO Conference set for 5/5/2008 @ 3:00 PM before James L Graham in Room 243. (bw) (Entered: 05/02/2008)	PACER
	May 2, 2008	Filing fee for cv action: $ 350, receipt number 200 COL 002790. (er ) (Entered: 05/02/2008)	PACER
	May 5, 2008	Minute Entry for proceedings held before James L Graham: Initial TRO Conference held on 5/5/2008. (Court Reporter Gina Wells.) (bw) (Entered: 05/06/2008)	PACER
5	May 6, 2008	Initial TRO Conference ORDER setting deadlines for motions, responses and replies. A telephone conference is set for 5/12/2008 @ 10:30 a.m. Signed by James L Graham on 5/6/2008. (bw) (Entered: 05/06/2008)	PACER
6	May 6, 2008	NOTICE of Appearance by Ara Mekhjian for Defendant Helen Jones−Kelley (Mekhjian, Ara) (Entered: 05/06/2008)	PACER
	May 6, 2008	NOTICE of Telephone Status Conference set for 5/12/2008 @10:30 AM before James L Graham. (bw) (Entered: 05/06/2008)	PACER
8	May 7, 2008	NOTICE of Appearance by Jennifer Anne Adair for Defendant Sandra Stephenson (Adair, Jennifer) (Entered: 05/07/2008)	PACER
	May 12, 2008	Minute Entry for proceedings held before James L Graham: Status Conference held on 5/12/2008. (Court Reporter Darla Coulter.) (bw, ) (Entered: 05/14/2008)	PACER
9	May 14, 2008	PROTECTIVE ORDER. Signed by James L Graham on 5/14/2008. (bw) (Entered: 05/14/2008)	PACER
10	May 16, 2008	NOTICE to Take Deposition of Kierstyn Canter by Plaintiffs K.W., Parents' League for Effective Autism Services (PLEAS), X.C. &W.G. (Atkinson, Michelle) (Entered: 05/16/2008)	PACER
11	May 16, 2008	NOTICE to Take Deposition of Erika Robbins by Plaintiffs K.W., Parents' League for Effective Autism Services (PLEAS), X.C. &W.G. (Atkinson, Michelle) (Entered: 05/16/2008)	PACER
12	May 19, 2008	NOTICE of Hearing: Pretrial Conference set for 7/16/2008 @ 02:00 PM in chambers before Norah McCann King. (jm1, ) (Entered: 05/19/2008)	PACER
13	May 19, 2008	MOTION to Dismiss by Defendants Helen Jones−Kelley &Sandra Stephenson. Responses due by 6/12/2008 (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit) (Mekhjian, Ara) (Entered: 05/19/2008)	PACER
14	May 27, 2008	NOTICE to Take Deposition of Angie Bergefurd by Plaintiffs K.W., Parents' League for Effective Autism Services (PLEAS), X.C. &W.G. (Atkinson, Michelle) (Entered: 05/27/2008)	PACER
15	May 27, 2008	NOTICE to Take Deposition of Anita Lieser by Plaintiffs K.W., Parents' League for Effective Autism Services (PLEAS), X.C. &W.G. (Atkinson, Michelle) (Entered: 05/27/2008)	PACER
16	June 3, 2008	RESPONSE in Opposition re 13 MOTION to Dismiss filed by Plaintiffs K.W., Parents' League for Effective Autism Services (PLEAS), X.C. &W.G. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit) (Tobin, Susan) (Entered: 06/03/2008)	PACER
17	June 9, 2008	REPLY to Response to Motion re 13 MOTION to Dismiss filed by Defendants Helen Jones−Kelley &Sandra Stephenson. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8) (Mekhjian, Ara) (Entered: 06/09/2008)	PACER
18	June 10, 2008	NOTICE to Take Deposition of Anita Lieser by Plaintiffs K.W., Parents' League for Effective Autism Services (PLEAS), X.C. &W.G. (Atkinson, Michelle) (Entered: 06/10/2008)	PACER
19	June 10, 2008	NOTICE to Take Deposition of Charles Flowers by Plaintiffs K.W., Parents' League for Effective Autism Services (PLEAS), X.C. &W.G. (Atkinson, Michelle) (Entered: 06/10/2008)	PACER
20	June 13, 2008	NOTICE to Take Deposition of Jeffrey A. Christiansen by Defendants Sandra Stephenson &Helen Jones−Kelley. (Carroll, Roger) Modified on 6/16/2008 to correct filers (kk2). (Entered: 06/13/2008)	PACER
21	June 13, 2008	NOTICE to Take Deposition of Michele LaMarche by Defendants Sandra Stephenson &Helen Jones−Kelley. (Carroll, Roger) Modified on 6/16/2008 to correct filers (kk2). (Entered: 06/13/2008)	PACER
22	June 13, 2008	NOTICE to Take Deposition of Beth Ann Rosner by Defendants Sandra Stephenson &Helen Jones−Kelley. (Carroll, Roger) Modified on 6/16/2008 to correct filers (kk2). (Entered: 06/13/2008)	PACER
23	June 13, 2008	NOTICE to Take Deposition of Records Custodian of Step By Step Academy, Inc. by Defendants Sandra Stephenson &Helen Jones−Kelley. (Carroll, Roger) Modified on 6/16/2008 to correct filers (kk2). (Entered: 06/13/2008)	PACER
25	June 23, 2008	ORDER Setting Hearing on 3 MOTION for Temporary Restraining Order : for 6/27/2008 @9:00 AM in Courtroom 5 before James L Graham. Signed by James L Graham on 6/23/2008. (bw) (Entered: 06/23/2008)	PACER
26	June 24, 2008	ORDER granting # 4 Motion to proceed under pseudonym. Signed by Norah McCann King on 6/24/08. (rew ) (Entered: 06/24/2008)	PACER
27	June 24, 2008	AMENDED COMPLAINT against all defendants, filed by Parents' League for Effective Autism Services (PLEAS). (Tobin, Susan) (Entered: 06/24/2008)	PACER
28	June 24, 2008	NOTICE to Take Deposition of Mrs. C. by Defendants Helen Jones−Kelley, Sandra Stephenson. (Carroll, Roger) Modified on 6/25/2008 to correct text (jr). (Entered: 06/24/2008)	PACER
29	June 24, 2008	NOTICE to Take Deposition of Mrs. G. by Defendants Helen Jones−Kelley, Sandra Stephenson. (Carroll, Roger) (Entered: 06/24/2008)	PACER
30	June 24, 2008	NOTICE to Take Deposition of Mrs. W. by Defendants Helen Jones−Kelley, Sandra Stephenson. (Carroll, Roger) (Entered: 06/24/2008)	PACER
31	June 24, 2008	Summons Issued as to Kerry Weems, U.S. Attorney and U.S. Attorney General. (er ) (Entered: 06/25/2008)	PACER
32	June 26, 2008	RESPONSE in Opposition re 3 MOTION for Temporary Restraining Order filed by Defendant Helen Jones−Kelley. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 11, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit, # 14 Exhibit 14) (Mekhjian, Ara) (Entered: 06/26/2008)	PACER
	June 27, 2008	Minute Entry for proceedings held before James L Graham: Motion Hearing held on 6/27/2008 re 3 MOTION for Temporary Restraining Order filed by X.C., K.W., W.G., Parents' League for Effective Autism Services (PLEAS). Matter is taken under advisement and a decision will issue. (Court Reporter Denise Errett) (bw) Modified on 6/30/2008 to correct typo (kk2). (Entered: 06/27/2008)	PACER
33	June 30, 2008	REPLY to Response to Motion re 3 MOTION for Temporary Restraining Order and Memo on EPSDT Services filed by Plaintiffs K.W., Parents' League for Effective Autism Services (PLEAS), X.C. &W.G. (Attachments: # 1 Exhibit 33_1, # 2 Exhibit 33_2, # 3 Exhibit 33_3) (Tobin, Susan) (Entered: 06/30/2008)	PACER
34	June 30, 2008	ORDER denying 13 Motion to Dismiss. Signed by Judge James L Graham on 06/30/08. (jlg4)	RECAP
35	June 30, 2008	Supplemental Memorandum Opposing Plaintiffs' Motion for Temporary Restraining Order by Defendants Helen Jones−Kelley &Sandra Stephenson. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G) (Thomas, Rebecca) (Entered: 06/30/2008)	PACER
36	June 30, 2008	RESPONSE to Motion re 3 MOTION for Temporary Restraining Order Response To Request For Authority filed by Defendant Kerry Weems. (D'Alessandro, Mark) (Entered: 06/30/2008)	PACER
37	June 30, 2008	ORDER granting 3 Motion for TRO. Signed by Judge James L Graham on 06/30/08. (jlg4)	RECAP
38	June 30, 2008	SEALED Notice of Filing Actual Identities of Plaintiffs by Plaintiffs PLEAS, X.C., W.G. &K.W. (kk2) (Entered: 07/01/2008)	PACER
39	July 1, 2008	ORDER re 37 Order on Motion for TRO enjoining defendants from implementing proposed rules OAC 5101:3−27−02 and 5122−29−17 until further order of the court. Signed by James L Graham on 7/1/2008. (bw) Modified on 7/2/2008 to correct typos (kk2). (Entered: 07/01/2008)	PACER
	July 1, 2008	NOTICE of Status Conference set for 7/11/2008 @ 9:00 AM before James L Graham in Rm 243. (bw) (Entered: 07/01/2008)	PACER
41	July 2, 2008	NOTICE of Hearing: The Preliminary Pretrial Conference set for 7/16/2008 @ 2:00 p.m. has been rescheduled. The Preliminary Pretrial Conference is now set for 9/17/2008 @ 01:30 PM in chambers before Norah McCann King. (jm1, ) (Entered: 07/02/2008)	PACER
42	July 9, 2008	ANSWER to 27 Amended Complaint by Defendants Helen Jones−Kelley &Sandra Stephenson. (Mekhjian, Ara) Modified on 7/10/2008 to correct filers (kk2). (Entered: 07/09/2008)	PACER
43	July 10, 2008	MOTION to Stay by Defendants Helen Jones−Kelley &Sandra Stephenson. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G) (Mekhjian, Ara) Modified on 7/11/2008 to correct filers (kk2). (Entered: 07/10/2008)	PACER
44	July 10, 2008	NOTICE OF APPEAL re 40 AMENDED TRO ORDER by Defendants Helen Jones−Kelley &Sandra Stephenson. (Mekhjian, Ara) Modified on 7/11/2008 to add link to #40 &correct filers (kk2). (Entered: 07/10/2008)	PACER
	July 11, 2008	USCA Appeal Fees received $ 455 receipt number 200COL003779 re 44 Notice of Appeal filed by Helen Jones−Kelley &Sandra Stephenson (jr) (Entered: 07/11/2008)	PACER
	July 14, 2008	Minute Entry for proceedings held before James L Graham: Status Conference held on 7/11/2008. (Court Reporter Gina Wells.) (bw, ) (Entered: 07/14/2008)	PACER
45	July 16, 2008	RESPONSE in Opposition re 43 MOTION to Stay filed by Plaintiffs K.W., Parents' League for Effective Autism Services (PLEAS), X.C. &W.G. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5) (Atkinson, Michelle) Modified on 7/17/2008 to clarify text (kk2). (Entered: 07/16/2008)	PACER
46	July 16, 2008	MOTION to Stay (containing requested jurisdictional briefing) by Defendants Helen Jones−Kelley &Sandra Stephenson. (Mekhjian, Ara) Modified on 7/17/2008 to correct filers (kk2). (Entered: 07/16/2008)	PACER
47	July 16, 2008	BRIEF re: Continuing Jurisdiction Pending 44 Appeal of Preliminary Injunction by Plaintiffs Parents' League for Effective Autism Services (PLEAS), K.W., W.G. &W.C. (Attachments: # 1 Exhibit 1) (Atkinson, Michelle) Modified on 7/17/2008 to correct text &filers (kk2). (Entered: 07/16/2008)	PACER
48	July 17, 2008	ORDER denying 43 Motion to Stay and finding as moot 46 Motion to Stay. Signed by James L Graham on 7/17/2008. (bw) Modified on 7/17/2008 (bw, ).	RECAP
49	July 17, 2008	ORDER STAYING CASE but not the preliminary injunction during the appeal. Signed by James L Graham on 7/17/2008. (bw) (Entered: 07/17/2008)	PACER
	July 17, 2008	Notice of Correction − Docket text of 47 corrected to read as follows − "BRIEF re: Continuing Jurisdiction Pending 44 Appeal of Preliminary Injunction by Plaintiffs Parents' League for Effective Autism Services (PLEAS), K.W., W.G. &W.C." to correct text &filers. (kk2) (Entered: 07/17/2008)	PACER
	July 31, 2008	USCA Case Number 08−3931 for 44 Notice of Appeal filed by Helen Jones−Kelley &Sandra Stephenson. (kk2) (Entered: 07/31/2008)	PACER
50	Aug. 27, 2008	Rule 21 MOTION to Sever Party by Defendant Kerry Weems. (D'Alessandro, Mark) Modified on 8/28/2008 to clarify text (kk2). (Entered: 08/27/2008)	PACER
51	Sept. 2, 2008	ORDER denying without prejudice 50 The Motion to Sever. Signed by James L Graham on 9/2/2008. (bw) (Entered: 09/02/2008)	PACER
52	Sept. 3, 2008	Transcript of Proceedings held on 6/27/2008, before Judge Graham. Court Reporter/Transcriber DENISE N. ERRETT, Telephone number 614−719−3029. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms − Electronic Availability of Transcripts). Please read this policy carefully. For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office. Redaction Request due 9/24/2008. Redacted Transcript Deadline set for 10/6/2008. Release of Transcript Restriction set for 12/2/2008. (jcw) (Entered: 09/03/2008)	PACER
53	Sept. 5, 2008	NOTICE of Hearing: The Preliminary Pretrial Conference set for 9/17/2008 @ 1:30 pm has been vacated. (jm1, ) (Additional attachment(s) added on 9/8/2008: # 1 Notice replacement) (jm1, ). (Additional attachment(s) added on 9/8/2008: # 2 Notice) (jm1, ). (Entered: 09/05/2008)	PACER
	Sept. 8, 2008	Notice of Correction − the original notice vacating the preliminary pretrial conference set for 9/17/2008 was not electronically signed. That notice was removed and replaced by a signed copy. (jm1, ) (Entered: 09/08/2008)	PACER
54	July 29, 2009	NOTICE of Hearing: Preliminary Pretrial Conference set for 9/2/2009 @ 02:45 PM in chambers before Magistrate Judge Norah McCann King. (jm1, ) (Entered: 07/29/2009)	PACER
55	Aug. 3, 2009	ORDER of USCA as to 44 Notice of Appeal: At this stage of the litigation, the Sixth Circuit will not resolve the substantive legal issues on the merits. Because the District Court did not abuse its discretion in entering the preliminary injunction, the Sixth Circuit AFFIRM. (er1 ) (Entered: 08/03/2009)	PACER
56	Aug. 11, 2009	NOTICE of Hearing: The Preliminary Pretrial Conference set for 9/2/2009 @ 2:45 p.m. has been rescheduled. The Pretrial Conference is now set for 9/16/2009 @ 02:45 PM in chambers before Magistrate Judge Norah McCann King. (jm1, ) (Entered: 08/11/2009)	PACER
57	Aug. 18, 2009	ANSWER to 27 Amended Complaint filed by Charlene M. Frizzera, substituted for by Defendant Kerry Weems. (D'Alessandro, Mark) (Entered: 08/18/2009)	PACER
58	Aug. 25, 2009	MANDATE of USCA as to 44 Notice of Appeal: At this stage of the litigation, the Sixth Circuit will not resolve the substantive legal issues on the merits. Because the District Court did not abuse its discretion in entering the preliminary injunction, the Sixth Circuit AFFIRM. (er1 ) (Entered: 08/25/2009)	PACER
59	Aug. 25, 2009	NOTICE of Appearance by Elizabeth Grace Hartnett Defendant Sandra Stephenson (Hartnett, Elizabeth) (Entered: 08/25/2009)	PACER
60	Sept. 9, 2009	RULE 26(f) REPORT by Plaintiffs K.W., Parents' League for Effective Autism Services (PLEAS), X.C., W.G., Defendants Helen Jones−Kelley, Sandra Stephenson, Kerry Weems. (Atkinson, Michelle) (Entered: 09/09/2009)	PACER
61	Sept. 18, 2009	PRELIMINARY PRETRIAL ORDER: This matter is REFERRED to Robert S. Kaiser, Esq. for mediation, with the hope that mediation can be scheduled 10/2009. Counsel shall call the mediator at 513.564.7330. A continued preliminary pretrial conference will be held following mediation. Discovery is STAYED pending the 11/02/2009, status report. Status Report due by 11/2/2009. Signed by Magistrate Judge Norah McCann King on 09/17/2009. (sr) (Entered: 09/18/2009)	PACER
62	Oct. 1, 2009	Notice of Mediation Conference: Conference to be held in Room 235, 85 Marconi Boulevard, Columbus, Ohio on 10/30/2009 at 10:00 AM. (Attachments: # 1 Conference instructions) (rsk) (Entered: 10/01/2009)	PACER
63	Nov. 2, 2009	Notice of Mediation Conference: Conference to be held in Room 235, 85 Marconi Boulevard, Columbus, Ohio on 12/21/2009 at 10:00 AM. (rsk) (Entered: 11/02/2009)	PACER
64	Nov. 2, 2009	STATUS REPORT Joint Status Report by Defendants Helen Jones−Kelley, Sandra Stephenson, Kerry Weems, Plaintiffs K.W., Parents' League for Effective Autism Services (PLEAS), W.G., X.C.. (Carroll, Roger) (Entered: 11/02/2009)	PACER
66	Feb. 19, 2010	Joint Status Report by Defendants Helen Jones−Kelley, Sandra Stephenson, Kerry Weems, Plaintiffs K.W., Parents' League for Effective Autism Services (PLEAS), W.G. &X.C. (Carroll, Roger) (Entered: 02/19/2010)	PACER
67	Feb. 22, 2010	NOTICE of Appearance by Ronda Joy Cress for Plaintiffs K.W., Parents' League for Effective Autism Services (PLEAS), W.G., X.C. (Cress, Ronda) (Entered: 02/22/2010)	PACER
68	May 11, 2010	ORDER : The parties are ORDERED to report on the status of settlement discussions and a continued preliminary pretrial conference by May 21,2010. Signed by Magistrate Judge Norah McCann King on 5/11/10. (rew) (Entered: 05/11/2010)	PACER
69	May 21, 2010	STATUS REPORT by Defendants Helen Jones−Kelley, Sandra Stephenson, Kerry Weems, Plaintiffs K.W., Parents' League for Effective Autism Services (PLEAS), W.G., X.C.. (Mekhjian, Ara) (Entered: 05/21/2010)	PACER
70	Nov. 22, 2010	NOTICE of Hearing: Status Conference set for 12/9/2010 @ 01:30 PM in chambers before Magistrate Judge Norah McCann King. (jm1) (Entered: 11/22/2010)	PACER
71	Dec. 9, 2010	ORDER : In reference to status conference held on 12/09/10. Another status conference will be held on January 14, 2011, at 11:00 a.m. All counsel will have conferred with each other prior to that conference. Signed by Magistrate Judge Norah McCann King on 12/09/10. (rew) (Entered: 12/10/2010)	PACER
72	Dec. 13, 2010	ORDER re 71 Order is MODIFIED. Plaintiffs will respond to the state defendants proposal no later than December 31, 2010. Signed by Magistrate Judge Norah McCann King on 12/13/10. (rew) (Entered: 12/13/2010)	PACER
	Dec. 13, 2010	Set Hearings: Status Conference set for 1/14/2011 11:00 AM before Magistrate Judge Norah McCann King. (pes1) (Entered: 12/13/2010)	PACER
73	Jan. 14, 2011	ORDER in reference to status conference held on 1/14/11: It is ORDERED that, counsel for the state defendants will produce to counsel for the United States a draft settlement proposal no later than January 21, 2011 No later than February 11, 2011, counsel for the state defendants will provide to plaintiffs counsel a draft comprehensive settlement agreement, to which plaintiffs will respond by February 28, 2011. Signed by Magistrate Judge Norah McCann King on 1/14/11. (rew) Modified on 1/14/2011 (rew). (Entered: 01/14/2011)	PACER
74	Jan. 26, 2011	NOTICE by Plaintiffs K.W., Parents' League for Effective Autism Services (PLEAS), W.G., X.C. of Withdrawal and Substitution of Trial Counsel (Atkinson, Michelle) (Entered: 01/26/2011)	PACER
75	March 4, 2011	STATUS REPORT JOINT by Defendants Helen Jones−Kelley, Sandra Stephenson, Kerry Weems, Plaintiffs K.W., Parents' League for Effective Autism Services (PLEAS), W.G., X.C.. (Tobin, Susan) (Entered: 03/04/2011)	PACER
76	March 7, 2011	ORDER : The parties will file another joint status report on 5/02/11. Signed by Magistrate Judge Norah McCann King on 3/07/11. (rew) (Entered: 03/07/2011)	PACER
77	March 7, 2011	MOTION to Withdraw as Attorney by Defendant Sandra Stephenson. (Adair, Jennifer) (Entered: 03/07/2011)	PACER
78	March 7, 2011	ORDER granting 77 Motion to Withdraw as Attorney. Attorney Jennifer Anne Adair terminated. Signed by Magistrate Judge Norah McCann King on 3/7/11. (jr1) (Entered: 03/07/2011)	PACER
	March 7, 2011	SetDeadlines: Status Report due by 5/2/2011. (rew) (Entered: 03/07/2011)	PACER
79	May 2, 2011	STATUS REPORT by Defendants Helen Jones−Kelley, Sandra Stephenson, Kerry Weems, Plaintiffs K.W., Parents' League for Effective Autism Services (PLEAS), W.G., X.C.. (Mekhjian, Ara) (Entered: 05/02/2011)	PACER
	May 24, 2011	Set Hearings: Status Conference set for 8/11/2011 @ 10:00 AM before Magistrate Judge Norah McCann King. (rew) (Entered: 05/25/2011)	PACER
81	Aug. 11, 2011	ORDER : Primary expert reports due October 31, 2011 and by defendants due 12/15/11.Plaintiffs rebuttal experts reports due 1/31/12. Discovery due 4/30/12. Motions for summary judgment due 5/31/12. Final Pretrial Conference in 11/12. Signed by Magistrate Judge Norah McCann King on 8/11/11. (rew) (Entered: 08/12/2011)	PACER
	Aug. 11, 2011	Reset Deadlines: Primary Expert due by 10/31/2011. Rebuttal Expert due by 1/31/2012. Discovery due by 4/30/2012. Dispositive motions due by 5/31/2012. (rew) (Entered: 08/12/2011)	PACER
82	Sept. 14, 2011	STIPULATION of Dismissal by Defendants Helen Jones−Kelley, Sandra Stephenson, Kerry Weems, Plaintiffs K.W., Parents' League for Effective Autism Services (PLEAS), W.G., X.C.. (Carroll, Roger) (Entered: 09/14/2011)	PACER
83	Sept. 14, 2011	Joint MOTION to Dissolve Temporary Restraining Order and Preliminary Injunction by Plaintiffs K.W., Parents' League for Effective Autism Services (PLEAS), W.G., X.C.. (Attachments: # 1 Text of Proposed Order to Dissolve TRO and PI) (Tobin, Susan) (Entered: 09/14/2011)	PACER
84	Sept. 15, 2011	ORDER Granting 83 Joint Motion to Dissolve Temporary Restraining Order and Preliminary Injunction. Signed by Judge James L Graham on 9/15/11. (ds) (Entered: 09/15/2011)	PACER
85	Sept. 15, 2011	ORDER − A status conference will be held on December 16, 2011, at 10:00 a.m. should the case remain pending on that date. Signed by Magistrate Judge Norah McCann King on 9/15/11. (jcw1) (Entered: 09/15/2011)	PACER
	Sept. 15, 2011	Set Hearings: Status Conference set for 12/16/2011 10:00 AM before Magistrate Judge Norah McCann King. (jcw1) (Entered: 09/15/2011)	PACER
86	Dec. 15, 2011	STIPULATION of Dismissal Joint by Plaintiffs K.W., Parents' League for Effective Autism Services (PLEAS), W.G., X.C.. (Cress, Ronda) (Entered: 12/15/2011)	PACER
87	July 31, 2012	CLERK'S NOTICE OF DISPOSAL. (jcw1) (Entered: 07/31/2012)	PACER

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Case Details

State / Territory:

Ohio

Case Type(s):

Public Benefits/Government Services

Healthcare Access and Reproductive Issues

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: May 2, 2008

Closing Date: 2011

Case Ongoing: No

Plaintiffs

Plaintiff Description:

The Parents’ League for Effective Autism Services (an organization of families of autistic children), along with three children with autism and their guardians, seeking to enjoin the enforcement of state regulations that would limit available treatments.

Attorney Organizations:

Legal Services/Legal Aid

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State

State of Ohio

Defendant Type(s):

Hospital/Health Department

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Medicaid, 42 U.S.C §1396 (Title XIX of the Social Security Act)

Other Dockets:

Southern District of Ohio 2:08-cv-00421

U.S. Court of Appeals for the Sixth Circuit 08-03931

Available Documents:

Any published opinion

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Voluntary Dismissal

Content of Injunction:

Preliminary relief granted

Amount Defendant Pays: Amount unknown

Issues

General/Misc.:

Individualized planning

Payment for care

Public benefits (includes, e.g., in-state tuition, govt. jobs)

Reassessment and care planning

Rehabilitation

Benefits (Source):

Medicaid

Disability and Disability Rights:

Mental impairment

Special education

Discrimination Basis:

Disability (inc. reasonable accommodations)

Jails, Prisons, Detention Centers, and Other Institutions:

Habilitation (training/treatment)

Recommended Citation

Case Summary of Parents League for Effective Autism Servs. v. Jones-Kelley, Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/11217/ (last updated 8/8/2013).