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

Clearinghouse coding complete

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…

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 federal Medicaid law. Plaintiffs sought injunctive and declaratory relief to prevent the loss or reduction of medically necessary services.

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 attrorneys, see: https://www.courtlistener.com/docket/4843491/parties/parents-league-for-effective-autism-services-pleas-v-helen-jones-kelley/


Judge(s)

Gibbons, Julia Smith (Tennessee)

Graham, James L. (Ohio)

Kennedy, Cornelia Groefsema (Michigan)

King, Norah McCann (Ohio)

Rogers, John M. (District of Columbia)

Attorneys(s) for Plaintiff

Atkinson, Michelle Francine (Ohio)

Cress, Ronda Joy (Ohio)

DeWine, Michael (Ohio)

Tobin, Susan Gail (Ohio)

Attorneys(s) for Defendant

Adair, Jennifer Anne (Ohio)

Judge(s)

Gibbons, Julia Smith (Tennessee)

Graham, James L. (Ohio)

Kennedy, Cornelia Groefsema (Michigan)

King, Norah McCann (Ohio)

Rogers, John M. (District of Columbia)

Attorneys(s) for Plaintiff

Atkinson, Michelle Francine (Ohio)

Cress, Ronda Joy (Ohio)

DeWine, Michael (Ohio)

Tobin, Susan Gail (Ohio)

Attorneys(s) for Defendant

Adair, Jennifer Anne (Ohio)

Carroll, Roger Francis (Ohio)

D'Alessandro, Mark Thomas (Ohio)

Hartnett, Elizabeth Grace (Ohio)

Mekhjian, Ara (Ohio)

Documents in the Clearinghouse

Document

2:08-cv-00421

Docket [PACER]

Parents' League for Effective Autism Services v. Jones-Kelley

July 31, 2012

July 31, 2012

Docket
3

2:08-cv-00421

Plaintiffs' Motion for Temporary Restraining Order

May 2, 2008

May 2, 2008

Pleading / Motion / Brief
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
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
37

2:08-cv-00421

Memorandum Opinion and Order

565 F.Supp.2d 905

June 30, 2008

June 30, 2008

Order/Opinion
34

2:08-cv-00421

Memorandum Opinion and Order

565 F.Supp.2d 895, 2008 WL 2628198

June 30, 2008

June 30, 2008

Order/Opinion
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

Resources

Docket

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

Last updated Aug. 2, 2022, 3:04 a.m.

ECF Number Description Date Link Date / Link
1

Civil Cover Sheet. (er ) (Entered: 05/02/2008)

May 2, 2008

May 2, 2008

34

ORDER denying 13 Motion to Dismiss. Signed by Judge James L Graham on 06/30/08. (jlg4)

June 30, 2008

June 30, 2008

RECAP
2

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)

May 2, 2008

May 2, 2008

37

ORDER granting 3 Motion for TRO. Signed by Judge James L Graham on 06/30/08. (jlg4)

June 30, 2008

June 30, 2008

RECAP

Filing fee for cv action: $ 350, receipt number 200 COL 002790. (er ) (Entered: 05/02/2008)

May 2, 2008

May 2, 2008

3

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)

May 2, 2008

May 2, 2008

4

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)

May 2, 2008

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)

May 2, 2008

May 2, 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)

May 5, 2008

May 5, 2008

5

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)

May 6, 2008

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)

May 6, 2008

May 6, 2008

6

NOTICE of Appearance by Ara Mekhjian for Defendant Helen Jones−Kelley (Mekhjian, Ara) (Entered: 05/06/2008)

May 6, 2008

May 6, 2008

8

NOTICE of Appearance by Jennifer Anne Adair for Defendant Sandra Stephenson (Adair, Jennifer) (Entered: 05/07/2008)

May 7, 2008

May 7, 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)

May 12, 2008

May 12, 2008

9

PROTECTIVE ORDER. Signed by James L Graham on 5/14/2008. (bw) (Entered: 05/14/2008)

May 14, 2008

May 14, 2008

10

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)

May 16, 2008

May 16, 2008

11

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)

May 16, 2008

May 16, 2008

12

NOTICE of Hearing: Pretrial Conference set for 7/16/2008 @ 02:00 PM in chambers before Norah McCann King. (jm1, ) (Entered: 05/19/2008)

May 19, 2008

May 19, 2008

13

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)

May 19, 2008

May 19, 2008

14

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)

May 27, 2008

May 27, 2008

15

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)

May 27, 2008

May 27, 2008

16

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)

June 3, 2008

June 3, 2008

17

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)

June 9, 2008

June 9, 2008

18

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)

June 10, 2008

June 10, 2008

19

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)

June 10, 2008

June 10, 2008

20

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)

June 13, 2008

June 13, 2008

21

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)

June 13, 2008

June 13, 2008

22

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)

June 13, 2008

June 13, 2008

23

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)

June 13, 2008

June 13, 2008

25

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)

June 23, 2008

June 23, 2008

26

ORDER granting # 4 Motion to proceed under pseudonym. Signed by Norah McCann King on 6/24/08. (rew ) (Entered: 06/24/2008)

June 24, 2008

June 24, 2008

27

AMENDED COMPLAINT against all defendants, filed by Parents' League for Effective Autism Services (PLEAS). (Tobin, Susan) (Entered: 06/24/2008)

June 24, 2008

June 24, 2008

28

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)

June 24, 2008

June 24, 2008

29

NOTICE to Take Deposition of Mrs. G. by Defendants Helen Jones−Kelley, Sandra Stephenson. (Carroll, Roger) (Entered: 06/24/2008)

June 24, 2008

June 24, 2008

30

NOTICE to Take Deposition of Mrs. W. by Defendants Helen Jones−Kelley, Sandra Stephenson. (Carroll, Roger) (Entered: 06/24/2008)

June 24, 2008

June 24, 2008

31

Summons Issued as to Kerry Weems, U.S. Attorney and U.S. Attorney General. (er ) (Entered: 06/25/2008)

June 24, 2008

June 24, 2008

32

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)

June 26, 2008

June 26, 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)

June 27, 2008

June 27, 2008

33

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)

June 30, 2008

June 30, 2008

35

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)

June 30, 2008

June 30, 2008

36

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)

June 30, 2008

June 30, 2008

38

*SEALED* Notice of Filing Actual Identities of Plaintiffs by Plaintiffs PLEAS, X.C., W.G. &K.W. (kk2) (Entered: 07/01/2008)

June 30, 2008

June 30, 2008

39

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)

July 1, 2008

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)

July 1, 2008

July 1, 2008

41

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)

July 2, 2008

July 2, 2008

42

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)

July 9, 2008

July 9, 2008

43

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)

July 10, 2008

July 10, 2008

44

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)

July 10, 2008

July 10, 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)

July 11, 2008

July 11, 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)

July 14, 2008

July 14, 2008

45

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)

July 16, 2008

July 16, 2008

46

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)

July 16, 2008

July 16, 2008

47

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)

July 16, 2008

July 16, 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)

July 17, 2008

July 17, 2008

49

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)

July 17, 2008

July 17, 2008

USCA Case Number 08−3931 for 44 Notice of Appeal filed by Helen Jones−Kelley &Sandra Stephenson. (kk2) (Entered: 07/31/2008)

July 31, 2008

July 31, 2008

50

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)

Aug. 27, 2008

Aug. 27, 2008

51

ORDER denying without prejudice 50 The Motion to Sever. Signed by James L Graham on 9/2/2008. (bw) (Entered: 09/02/2008)

Sept. 2, 2008

Sept. 2, 2008

52

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)

Sept. 3, 2008

Sept. 3, 2008

53

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)

Sept. 5, 2008

Sept. 5, 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)

Sept. 8, 2008

Sept. 8, 2008

54

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)

July 29, 2009

July 29, 2009

55

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)

Aug. 3, 2009

Aug. 3, 2009

56

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)

Aug. 11, 2009

Aug. 11, 2009

57

ANSWER to 27 Amended Complaint filed by Charlene M. Frizzera, substituted for by Defendant Kerry Weems. (D'Alessandro, Mark) (Entered: 08/18/2009)

Aug. 18, 2009

Aug. 18, 2009

58

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)

Aug. 25, 2009

Aug. 25, 2009

59

NOTICE of Appearance by Elizabeth Grace Hartnett Defendant Sandra Stephenson (Hartnett, Elizabeth) (Entered: 08/25/2009)

Aug. 25, 2009

Aug. 25, 2009

60

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)

Sept. 9, 2009

Sept. 9, 2009

61

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)

Sept. 18, 2009

Sept. 18, 2009

62

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)

Oct. 1, 2009

Oct. 1, 2009

63

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)

Nov. 2, 2009

Nov. 2, 2009

64

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)

Nov. 2, 2009

Nov. 2, 2009

66

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)

Feb. 19, 2010

Feb. 19, 2010

67

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)

Feb. 22, 2010

Feb. 22, 2010

68

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)

May 11, 2010

May 11, 2010

69

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)

May 21, 2010

May 21, 2010

70

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)

Nov. 22, 2010

Nov. 22, 2010

71

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)

Dec. 9, 2010

Dec. 9, 2010

Set Hearings: Status Conference set for 1/14/2011 11:00 AM before Magistrate Judge Norah McCann King. (pes1) (Entered: 12/13/2010)

Dec. 13, 2010

Dec. 13, 2010

72

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)

Dec. 13, 2010

Dec. 13, 2010

73

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)

Jan. 14, 2011

Jan. 14, 2011

74

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)

Jan. 26, 2011

Jan. 26, 2011

75

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)

March 4, 2011

March 4, 2011

76

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)

March 7, 2011

March 7, 2011

SetDeadlines: Status Report due by 5/2/2011. (rew) (Entered: 03/07/2011)

March 7, 2011

March 7, 2011

77

MOTION to Withdraw as Attorney by Defendant Sandra Stephenson. (Adair, Jennifer) (Entered: 03/07/2011)

March 7, 2011

March 7, 2011

78

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)

March 7, 2011

March 7, 2011

79

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)

May 2, 2011

May 2, 2011

Set Hearings: Status Conference set for 8/11/2011 @ 10:00 AM before Magistrate Judge Norah McCann King. (rew) (Entered: 05/25/2011)

May 24, 2011

May 24, 2011

81

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)

Aug. 11, 2011

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)

Aug. 11, 2011

Aug. 11, 2011

82

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)

Sept. 14, 2011

Sept. 14, 2011

83

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)

Sept. 14, 2011

Sept. 14, 2011

84

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)

Sept. 15, 2011

Sept. 15, 2011

85

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)

Sept. 15, 2011

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)

Sept. 15, 2011

Sept. 15, 2011

86

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)

Dec. 15, 2011

Dec. 15, 2011

87

CLERK'S NOTICE OF DISPOSAL. (jcw1) (Entered: 07/31/2012)

July 31, 2012

July 31, 2012

48

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, ).

July 17, 2008

July 17, 2008

RECAP

Case Details

State / Territory: Ohio

Case Type(s):

Public Benefits/Government Services

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 of Ohio, State

Defendant Type(s):

Jurisdiction-wide

Hospital/Health Department

Case Details

Causes of Action:

42 U.S.C. § 1983

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

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Voluntary Dismissal

Amount Defendant Pays: Amount unknown

Order Duration: 2011 - 0

Content of Injunction:

Preliminary relief granted

Issues

General:

Habilitation (training/treatment)

Individualized planning

Payment for care

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

Reassessment and care planning

Rehabilitation

Special education

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

Mental impairment

Benefit Source:

Medicaid