Case: Long v. Benson

4:08-cv-00026 | U.S. District Court for the Northern District of Florida

Filed Date: Jan. 15, 2008

Closed Date: 2012

Clearinghouse coding complete

Case Summary

On January 15, 2008, a group of Medicaid-eligible adults with disabilities that were confined to a nursing-home facility filed a class action in the U.S. District Court for the Northern District of Florida under the ADA and the Rehabilitation Act against the state's Health Care Administration and Department of Elder Affairs. The plaintiffs, represented by public interest attorneys, asked the Court for declaratory and injunctive relief, alleging that the state discriminated against them by faili…

On January 15, 2008, a group of Medicaid-eligible adults with disabilities that were confined to a nursing-home facility filed a class action in the U.S. District Court for the Northern District of Florida under the ADA and the Rehabilitation Act against the state's Health Care Administration and Department of Elder Affairs. The plaintiffs, represented by public interest attorneys, asked the Court for declaratory and injunctive relief, alleging that the state discriminated against them by failing to offer services that would enable them to live in a community setting.

On June 7, 2008, the Court (Judge Robert L. Hinkle) denied defendants' motion to dismiss. On October 14, 2008, Judge Hinkle certified the class consisting of any Florida Medicaid-eligible adult who, at any time during the litigation, resided in a nursing home that received Medicaid funding, and who could and would have resided in the community with appropriate community-based services.

At the same time, the judge granted a preliminary injunction with regard to one of the named plaintiffs, Clayton Griffith. Griffith lived in a nursing home, the cost of which was covered by the state's Medicaid program. He had applied for and been determined eligible for a waiver that should have allowed him to live in the community rather than an institution. But the state's long waiting list precluded him from accessing the program. Nevertheless, he moved out of the home and into an apartment. Judge Hinkle entered an injunction ordering the state to provide Griffith Medicaid coverage for a certified nursing assistant. The state appealed the preliminary injunction, which the 11th Circuit affirmed on June 22, 2010.

The parties cross-moved for summary judgment; the judge denied both motions on January 19, 2011.

After a February 2011 bench trial, Judge Hinkle issued an order and opinion on January 3, 2012 that made permanent the injunction regarding Griffith, dismissed the other named plaintiffs' claims as moot, and decertified the class. To start, all but one of the other named plaintiffs had died during the course of litigation; the remaining one had decided to stay in the nursing home. The judge decertified the class in part because the state legislature had passed a new law which greatly improved the rate at which Medicaid-eligible adults were transitioned from nursing homes to community living. Post-legislation, Judge Hinkle reasoned, it was no longer true that the state had refused to act on grounds that applied generally to the class. He concluded that where the conditions that made class-certification appropriate are no longer present, the court has discretion to decertify, which he chose to do.

Summary Authors

Kunyi Zhang (2/5/2011)

Andrew Junker (10/22/2014)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4816258/parties/lee-v-benson/


Judge(s)

Birch, Stanley F. Jr. (Georgia)

Attorney for Plaintiff

Canan, Stacy (District of Columbia)

Chonin, Neil (Florida)

Attorney for Defendant

Bennett, Kelly Ann (Florida)

Blocker, William Michael II (Florida)

Documents in the Clearinghouse

Documents in this case

4:08-cv-00026

Docket

May 10, 2012

May 10, 2012

Docket
1

4:08-cv-00026

Complaint

Jan. 15, 2008

Jan. 15, 2008

Complaint
13

4:08-cv-00026

Amended Class Action Complaint for Declaratory and Injunctive Relief

Feb. 19, 2008

Feb. 19, 2008

Complaint
68

4:08-cv-00026

Order Denying Motion to Dismiss and Deferring Ruling on Class Certification

June 7, 2008

June 7, 2008

Order/Opinion
135

4:08-cv-00026

Order Granting Preliminary Injunction

Oct. 14, 2008

Oct. 14, 2008

Order/Opinion

2008 WL 4571903

136

4:08-cv-00026

Order Certifying Class

Oct. 14, 2008

Oct. 14, 2008

Order/Opinion

2008 WL 4571904

08-16261

11th Circuit Opinion (Affirming District Court's grant of a Preliminary Injunction)

U.S. Court of Appeals for the Eleventh Circuit

June 22, 2010

June 22, 2010

Order/Opinion

383 Fed.Appx. 930

336

4:08-cv-00026

Order Denying Summary Judgment

Jan. 19, 2011

Jan. 19, 2011

Order/Opinion
372

4:08-cv-00026

Order and Opinion [directing the entry of judgment from the plaintiff Griffith, dismissing the other named plaintiffs as moot, and decertifying the class]

Lee v. Dudek

Jan. 3, 2012

Jan. 3, 2012

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4816258/lee-v-benson/

Last updated July 29, 2026, 1:23 a.m.

Docket for: LEE v. BENSON
ECF Number Date Description Link
1 Jan. 15, 2008

CLASS ACTION COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF against ANDREW AGWUNOBI, DOUGLAS BEACH, CHARLIE CRIST (Filing fee $350.), filed by CLAYTON L GRIFFIN, LOUISE SEYMOUR, WILLIAM LONG, MARGARET WASHINGTON, CHARLES TODD LEE, RODNEY PETERSON, JOHN BOYD. (pll) (Entered: 01/17/2008)

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2 Jan. 15, 2008

CIVIL COVER SHEET. (pll) (Entered: 01/17/2008)

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3 Jan. 15, 2008

Summons Issued as to ANDREW AGWUNOBI, DOUGLAS BEACH, CHARLIE CRIST. (pll) (Entered: 01/17/2008)

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4 Jan. 31, 2008

First MOTION for Extension of Time to File Answer re 1 Complaint, by ANDREW AGWUNOBI, DOUGLAS BEACH, CHARLIE CRIST. (WAAS, GEORGE) (Entered: 01/31/2008)

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5 Feb. 1, 2008

Amended MOTION to Extend Time to file Answer and/or Motions by ANDREW AGWUNOBI, DOUGLAS BEACH, CHARLIE CRIST. (WAAS, GEORGE) (Entered: 02/01/2008)

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6 Feb. 1, 2008

Amended MOTION to Extend Time for filing Responsive Pleading and/or Mortions by ANDREW AGWUNOBI, DOUGLAS BEACH, CHARLIE CRIST. (WAAS, GEORGE) (Entered: 02/01/2008)

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7 Feb. 1, 2008

Third MOTION to Extend Time to file Responsive Pleading and/or Motions (Replacing previously filed motions) by ANDREW AGWUNOBI, DOUGLAS BEACH, CHARLIE CRIST. (WAAS, GEORGE) (Entered: 02/01/2008)

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9 Feb. 4, 2008

ORDER EXTENDING DEADLINE FOR REPONSE TO COMPLAINT. Granting 7 Third MOTION to Extend Time to file Responsive Pleading and/or Motions (Replacing previously filed motions) filed by ANDREW AGWUNOBI, CHARLIE CRIST, DOUGLAS BEACH, ( Answer due by 2/25/2008.). Signed by CHIEF JUDGE ROBERT L HINKLE on 2/4/08. (pll) (Entered: 02/06/2008)

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10 Feb. 15, 2008

ATTORNEY TIME RECORDS by WILLIAM LONG. (GOLD, STEPHEN) (Entered: 02/15/2008)

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11 Feb. 15, 2008

ATTORNEY TIME RECORDS - SEALED PORTION by WILLIAM LONG. (GOLD, STEPHEN) (Entered: 02/15/2008)

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12 Feb. 15, 2008

MOTION for Extension of Time to File Time Records by CLAYTON L GRIFFIN, LOUISE SEYMOUR, WILLIAM LONG, MARGARET WASHINGTON, CHARLES TODD LEE, RODNEY PETERSON, JOHN BOYD. (SIEGEL, JODI) (Entered: 02/15/2008)

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13 Feb. 19, 2008

First AMENDED COMPLAINT for Declaratory and Injunctive Relief against all defendants all defendants., filed by CLAYTON L GRIFFIN, LOUISE SEYMOUR, WILLIAM LONG, MARGARET WASHINGTON, CHARLES TODD LEE, RODNEY PETERSON, JOHN BOYD. (SIEGEL, JODI) (Entered: 02/19/2008)

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14 Feb. 19, 2008

INITIAL SCHEDULING ORDER. Signed by CHIEF JUDGE ROBERT L HINKLE on 2/19/08. Fed.R.Civ.P. 7.1 Corporate Disclosure Statement Deadline set for 3/4/2008. Rule 26 Meeting Report due by 4/3/2008. Discovery due by 6/18/2008. (pll) (Entered: 02/20/2008)

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15 Feb. 21, 2008

ORDER ON DEADLINE FOR FILING ATTORNEYS' FEES RECORDS. Granting 12 Motion for Extension of Time to File. Signed by CHIEF JUDGE ROBERT L HINKLE on 2/21/08. (pll) (Entered: 02/21/2008)

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16 Feb. 26, 2008

NOTICE of Appearance by ASHLEY ELIZABETH DAVIS on behalf of ANDREW AGWUNOBI, DOUGLAS BEACH (DAVIS, ASHLEY) (Entered: 02/26/2008)

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17 Feb. 26, 2008

Corporate Disclosure Statement/Certificate of Interested Persons by CLAYTON L GRIFFIN, LOUISE SEYMOUR, WILLIAM LONG, MARGARET WASHINGTON, CHARLES TODD LEE, RODNEY PETERSON, JOHN BOYD. (SIEGEL, JODI) (Entered: 02/26/2008)

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18 Feb. 26, 2008

Corporate Disclosure Statement/Certificate of Interested Persons by CLAYTON L GRIFFIN, LOUISE SEYMOUR, WILLIAM LONG, MARGARET WASHINGTON, CHARLES TODD LEE, RODNEY PETERSON, JOHN BOYD. (SIEGEL, JODI) (Entered: 02/26/2008)

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19 Feb. 27, 2008

Corporate Disclosure Statement/Certificate of Interested Persons by CLAYTON L GRIFFIN, LOUISE SEYMOUR, WILLIAM LONG, MARGARET WASHINGTON, CHARLES TODD LEE, RODNEY PETERSON, JOHN BOYD. (CANAN, STACY) (Entered: 02/27/2008)

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20 March 4, 2008

Corporate Disclosure Statement/Certificate of Interested Persons by CLAYTON L GRIFFIN, LOUISE SEYMOUR, WILLIAM LONG, MARGARET WASHINGTON, CHARLES TODD LEE, RODNEY PETERSON, JOHN BOYD. (SOMERS, SARAH) (Entered: 03/04/2008)

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21 March 4, 2008

Consent MOTION to Extend Time for Rule 26 Conference and other Deadlines by CLAYTON L GRIFFIN, LOUISE SEYMOUR, WILLIAM LONG, MARGARET WASHINGTON, CHARLES TODD LEE, RODNEY PETERSON, JOHN BOYD. (SIEGEL, JODI) (Entered: 03/04/2008)

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22 March 4, 2008

MOTION to Certify Class by CLAYTON L GRIFFIN, LOUISE SEYMOUR, WILLIAM LONG, MARGARET WASHINGTON, CHARLES TODD LEE, RODNEY PETERSON, JOHN BOYD. (Internal deadline for referral to judge if response not filed earlier: 3/24/2008). (SIEGEL, JODI) (Entered: 03/04/2008)

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23 March 6, 2008

Consent MOTION for Leave to File Excess Pages Motion to Dismiss Which Exceeds 25 Pages in Length by HOLLY BENSON, DOUGLAS BEACH. (WAAS, GEORGE) (Entered: 03/06/2008)

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24 March 6, 2008

ATTORNEY TIME RECORDS - SEALED PORTION by WILLIAM LONG. (GOLD, STEPHEN) (Entered: 03/06/2008)

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25 March 6, 2008

ATTORNEY TIME RECORDS by WILLIAM LONG. (GOLD, STEPHEN) (Entered: 03/06/2008)

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26 March 7, 2008

First MOTION to Dismiss Amended Complaint by HOLLY BENSON, DOUGLAS BEACH. (Internal deadline for referral to judge if response not filed earlier: 3/25/2008). (WAAS, GEORGE) (Entered: 03/07/2008)

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27 March 9, 2008

ORDER EXTENDING ATTORNEY CONFERENCE DEADLINE AND RELATED DEADLINES. GRANTING IN PART 21 Consent MOTION to Extend Time for Rule 26 Conference and other Deadlines filed by CLAYTON L GRIFFIN, MARGARET WASHINGTON, RODNEY PETERSON, CHARLES TODD LEE, WILLIAM LONG, LOUISE SEYMOUR, JOHN BOYD. ( Attorney Conference to take place by 4/18/2008., Rule 26 Meeting Report due by 5/1/2008.). Signed by CHIEF JUDGE ROBERT L HINKLE on 3/9/08. (pll) (Entered: 03/10/2008)

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28 March 14, 2008

ATTORNEY TIME RECORDS by CLAYTON L GRIFFIN, LOUISE SEYMOUR, WILLIAM LONG, MARGARET WASHINGTON, CHARLES TODD LEE, RODNEY PETERSON, JOHN BOYD. (VIGNERY, BRUCE) (Entered: 03/14/2008)

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29 March 14, 2008

ATTORNEY TIME RECORDS - SEALED PORTION by CLAYTON L GRIFFIN, LOUISE SEYMOUR, WILLIAM LONG, MARGARET WASHINGTON, CHARLES TODD LEE, RODNEY PETERSON, JOHN BOYD. (VIGNERY, BRUCE) (Entered: 03/14/2008)

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30 March 14, 2008

ATTORNEY TIME RECORDS by CLAYTON L GRIFFIN, LOUISE SEYMOUR, WILLIAM LONG, MARGARET WASHINGTON, CHARLES TODD LEE, RODNEY PETERSON, JOHN BOYD. (SOMERS, SARAH) (Entered: 03/14/2008)

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31 March 14, 2008

ATTORNEY TIME RECORDS - SEALED PORTION by CLAYTON L GRIFFIN, LOUISE SEYMOUR, WILLIAM LONG, MARGARET WASHINGTON, CHARLES TODD LEE, RODNEY PETERSON, JOHN BOYD. (SOMERS, SARAH) (Entered: 03/14/2008)

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32 March 17, 2008

ATTORNEY TIME RECORDS by CLAYTON L GRIFFIN, LOUISE SEYMOUR, WILLIAM LONG, MARGARET WASHINGTON, CHARLES TODD LEE, RODNEY PETERSON, JOHN BOYD. (SIEGEL, JODI) (Entered: 03/17/2008)

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33 March 17, 2008

ATTORNEY TIME RECORDS - SEALED PORTION by CLAYTON L GRIFFIN, LOUISE SEYMOUR, WILLIAM LONG, MARGARET WASHINGTON, CHARLES TODD LEE, RODNEY PETERSON, JOHN BOYD. (SIEGEL, JODI) (Entered: 03/17/2008)

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34 March 21, 2008

RESPONSE in Opposition re 22 MOTION to Certify Class filed by HOLLY BENSON, DOUGLAS BEACH. (Attachments: # 1 Exhibit Exhibit A) (WHITNEY, ENOCH) (Entered: 03/21/2008)

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35 March 24, 2008

RESPONSE in Opposition re 26 First MOTION to Dismiss Amended Complaint filed by CLAYTON L GRIFFIN, LOUISE SEYMOUR, WILLIAM LONG, MARGARET WASHINGTON, CHARLES TODD LEE, RODNEY PETERSON, JOHN BOYD. (SIEGEL, JODI) (Entered: 03/24/2008)

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36 March 24, 2008

Request For Oral Argument by CLAYTON L GRIFFIN, LOUISE SEYMOUR, WILLIAM LONG, MARGARET WASHINGTON, CHARLES TODD LEE, RODNEY PETERSON, JOHN BOYD. (SIEGEL, JODI) (Entered: 03/24/2008)

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37 March 27, 2008

ORDER DIRECTING CLERK TO GIVE NOTICE OF CHALLENGE TO FEDERAL REGULATION. Signed by CHIEF JUDGE ROBERT L HINKLE on 3/27/08. ***Copy of order provided to AUSA with copies of 13 and 26 and via certified mail with copies of 13 and 26 to MICHAEL B. MUKASEY. (pll) (Entered: 03/27/2008)

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38 April 7, 2008

ACKNOWLEDGMENT OF SERVICE Executed as to 37 Order. Acknowledgment filed by MICHAEL MUKASAY on 3/31/08. (pll) (Entered: 04/08/2008)

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39 April 15, 2008

ATTORNEY TIME RECORDS by WILLIAM LONG. (GOLD, STEPHEN) (Entered: 04/15/2008)

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40 April 15, 2008

ATTORNEY TIME RECORDS - SEALED PORTION by WILLIAM LONG. (GOLD, STEPHEN) (Entered: 04/15/2008)

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41 April 15, 2008

ATTORNEY TIME RECORDS by CLAYTON L GRIFFIN, LOUISE SEYMOUR, WILLIAM LONG, MARGARET WASHINGTON, CHARLES TODD LEE, RODNEY PETERSON, JOHN BOYD. (VIGNERY, BRUCE) (Entered: 04/15/2008)

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42 April 15, 2008

ATTORNEY TIME RECORDS - SEALED PORTION by CLAYTON L GRIFFIN, LOUISE SEYMOUR, WILLIAM LONG, MARGARET WASHINGTON, CHARLES TODD LEE, RODNEY PETERSON, JOHN BOYD. (VIGNERY, BRUCE) (Entered: 04/15/2008)

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43 April 15, 2008

ATTORNEY TIME RECORDS by CLAYTON L GRIFFIN, LOUISE SEYMOUR, WILLIAM LONG, MARGARET WASHINGTON, CHARLES TODD LEE, RODNEY PETERSON, JOHN BOYD. (SOMERS, SARAH) (Entered: 04/15/2008)

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44 April 15, 2008

ATTORNEY TIME RECORDS - SEALED PORTION by CLAYTON L GRIFFIN, LOUISE SEYMOUR, WILLIAM LONG, MARGARET WASHINGTON, CHARLES TODD LEE, RODNEY PETERSON, JOHN BOYD. (SOMERS, SARAH) (Entered: 04/15/2008)

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45 April 15, 2008

ATTORNEY TIME RECORDS by CLAYTON L GRIFFIN, LOUISE SEYMOUR, WILLIAM LONG, MARGARET WASHINGTON, CHARLES TODD LEE, RODNEY PETERSON, JOHN BOYD. (SIEGEL, JODI) (Entered: 04/15/2008)

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46 April 15, 2008

ATTORNEY TIME RECORDS - SEALED PORTION by CLAYTON L GRIFFIN, LOUISE SEYMOUR, WILLIAM LONG, MARGARET WASHINGTON, CHARLES TODD LEE, RODNEY PETERSON, JOHN BOYD. (SIEGEL, JODI) (Entered: 04/15/2008)

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47 April 15, 2008

AMENDED DOCUMENT by CLAYTON L GRIFFIN, LOUISE SEYMOUR, WILLIAM LONG, MARGARET WASHINGTON, CHARLES TODD LEE, RODNEY PETERSON, JOHN BOYD. Amendment to 45 Attorney Time Record. (SIEGEL, JODI) (Entered: 04/15/2008)

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48 May 1, 2008

REPORT of Rule 26(f) Planning Meeting. (SIEGEL, JODI) (Entered: 05/01/2008)

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49 May 5, 2008

SCHEDULING AND MEDIATION ORDER Re: 48 Report of Rule 26(f) Planning Meeting. ( Discovery due by 12/5/2008., Mediation to take place by 1/2/2009., Dispositive Motions to be filed by 1/4/2009., Mediation Report due by 1/16/2009., Jury Trial set for the two week trial period commencing 4/6/2009 08:15 AM in Tallahassee before CHIEF JUDGE ROBERT L HINKLE.) Case referred to mediation. Signed by CHIEF JUDGE ROBERT L HINKLE on 5/5/08. (pll) (Entered: 05/05/2008)

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50 May 5, 2008

ORDER DIRECTING CLERK TO SET HEARING re 22 MOTION to Certify Class filed by CLAYTON L GRIFFIN, MARGARET WASHINGTON, RODNEY PETERSON, CHARLES TODD LEE, WILLIAM LONG, LOUISE SEYMOUR, JOHN BOYD, 26 First MOTION to Dismiss Amended Complaint filed by HOLLY BENSON, DOUGLAS BEACH. Signed by CHIEF JUDGE ROBERT L HINKLE on 5/5/08. (pll) (Entered: 05/06/2008)

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51 May 6, 2008

NOTICE of unavailability of counsel by HOLLY BENSON, DOUGLAS BEACH (WAAS, GEORGE) (Entered: 05/06/2008)

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52 May 12, 2008

NOTICE of Hearing on Motion 22 MOTION to Certify Class, 26 First MOTION to Dismiss Amended Complaint : Motion Hearing set for 5/29/2008 10:00 AM in Tallahassee before CHIEF JUDGE ROBERT L HINKLE. United States Courthouse, 111 North Adams St., Tallahassee, Florida 32301. NOTE: If you or any party, witness or attorney in this matter has a disability that requires special accommodation, such as, a hearing impairment that requires a sign language interpreter or a wheelchair restriction that requires ramp access, please contact Kimberly Curles at 850-521-3501 in the Clerk's Office at least one week prior to the hearing (or as soon as possible) so arrangements can be made. s/ Kimberly CurlesCourtroom Deputy Clerk (kjc) (Entered: 05/12/2008)

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53 May 13, 2008

ATTORNEY TIME RECORDS - SEALED PORTION by WILLIAM LONG. (GOLD, STEPHEN) (Entered: 05/13/2008)

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54 May 13, 2008

ATTORNEY TIME RECORDS by WILLIAM LONG. (GOLD, STEPHEN) (Entered: 05/13/2008)

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55 May 15, 2008

ATTORNEY TIME RECORDS by CLAYTON L GRIFFIN, LOUISE SEYMOUR, WILLIAM LONG, MARGARET WASHINGTON, CHARLES TODD LEE, RODNEY PETERSON, JOHN BOYD. (VIGNERY, BRUCE) (Entered: 05/15/2008)

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56 May 15, 2008

ATTORNEY TIME RECORDS - SEALED PORTION by CLAYTON L GRIFFIN, LOUISE SEYMOUR, WILLIAM LONG, MARGARET WASHINGTON, CHARLES TODD LEE, RODNEY PETERSON, JOHN BOYD. (VIGNERY, BRUCE) (Entered: 05/15/2008)

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57 May 15, 2008

ATTORNEY TIME RECORDS by CLAYTON L GRIFFIN, LOUISE SEYMOUR, WILLIAM LONG, MARGARET WASHINGTON, CHARLES TODD LEE, RODNEY PETERSON, JOHN BOYD. (SOMERS, SARAH) (Entered: 05/15/2008)

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58 May 15, 2008

ATTORNEY TIME RECORDS - SEALED PORTION by CLAYTON L GRIFFIN, LOUISE SEYMOUR, WILLIAM LONG, MARGARET WASHINGTON, CHARLES TODD LEE, RODNEY PETERSON, JOHN BOYD. (SOMERS, SARAH) (Entered: 05/15/2008)

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59 May 15, 2008

ATTORNEY TIME RECORDS by CLAYTON L GRIFFIN, LOUISE SEYMOUR, WILLIAM LONG, MARGARET WASHINGTON, CHARLES TODD LEE, RODNEY PETERSON, JOHN BOYD. (RUIZ, GABRIELA) (Entered: 05/15/2008)

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60 May 15, 2008

ATTORNEY TIME RECORDS - SEALED PORTION by CLAYTON L GRIFFIN, LOUISE SEYMOUR, WILLIAM LONG, MARGARET WASHINGTON, CHARLES TODD LEE, RODNEY PETERSON, JOHN BOYD. (RUIZ, GABRIELA) (Entered: 05/15/2008)

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61 May 22, 2008

NOTICE OF FILING EXHIBITS IN SUPPORT OF RESPONSE IN OPPOSITION TO PLAINTIFFS' MOTION FOR CLASS CERTIFICATION by HOLLY BENSON, DOUGLAS BEACH re 34 Response in Opposition to Motion (Attachments: # 1 Exhibit Department of Children and Familes Patient Tranfer and Continuity of Care with Physician's Orders for Plaintiff Clayton L. Griffin., # 2 Exhibit Department of Elder Affairs Assessment Instrument for Plaintiff Clayton L. Griffin showing assessment of his functional disabilities in nursing home, # 3 Exhibit Department of Children and Families Patient Transfer and Continuity of Care with Physicians Orders for Plaintiff William Long showing Skilled Nursing Care requirements, # 4 Exhibit Department of Elder Affairs Assessment Instrument for Plaintiff William Long showing assessment of his functional disabilities in nursing home, # 5 Exhibit Department of Children and Families Patient Transfer and Continuity of Care with Physicians Notes for Plaintiff Charles Todd Lee showing Nursing Home Care requirements, # 6 Exhibit Department of Elder Affairs Assessment Instrument for Plaintiff Charles Lee showing assessment of his functional disabilities in nursing home, # 7 Exhibit Department of Elder Affairs Assessment Instrument for Plaintiff Rodney Peterson showing assessment of his functional disabilities in nursing home, # 8 Exhibit Department of Elder Affairs Assessment Instrument for Plaintiff John Boyd showing assessment of his functional disabilities in nursing home, # 9 Exhibit Department of Elder Affairs Assessment Instrument for Plaintiff Margaret Washington showing assessment of her functional disabilities in nursing home, # 10 Exhibit Department of Elder Affairs Assessment Instrument for Plaintiff Louise Seymour showing assessment of her functional disabilities in nursing home, # 11 Exhibit Florida Medicaid Nursing Facility Services Coverage and Limitations Handbook, adopted and incorporated by reference in Rule 59G-4.200, Florida Administrative Code, showing the process required for admission and for continued placement at nursing homes., # 12 Exhibit Florida Medicaid Aged and Disabled Adult Waiver Services Coverage and Limitations Handbook, adopted and incorporated by reference in Rule 59G-13.030(2), Florida Administrative Code, showing at page 2-2 a description of the comprehensive client assessment a, # 13 Exhibit Florida Medicaid Assistive Care Services and Assisted Living for the Elderly Waiver Services Coverage and Limitations Handbook, adopted and incorporated by reference in Rule 59G-8.200, showing a description of what is required to be eligible for that waive) (WHITNEY, ENOCH) (Entered: 05/22/2008)

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62 May 23, 2008

Consent MOTION to Seal Document 61 Notice (Other), Notice (Other), Notice (Other), Notice (Other), Notice (Other), Notice (Other), Notice (Other), Notice (Other), Notice (Other), Notice (Other), Notice (Other) Defendants' Consented to Motion to Seal Documents Previously Filed With the Court by HOLLY BENSON, DOUGLAS BEACH. (WHITNEY, ENOCH) (Entered: 05/23/2008)

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63 May 27, 2008

NOTICE of Supplemental Authority by CLAYTON L GRIFFIN, LOUISE SEYMOUR, WILLIAM LONG, MARGARET WASHINGTON, CHARLES TODD LEE, RODNEY PETERSON, JOHN BOYD (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit) (SIEGEL, JODI) (Entered: 05/27/2008)

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64 May 27, 2008

NOTICE of Statement of Interest of the United States by UNITED STATES re 26 First MOTION to Dismiss Amended Complaint (SANDBERG, JUSTIN) (Entered: 05/27/2008)

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65 May 28, 2008

NOTICE of Hearing on Motion 22 MOTION to Certify Class, 26 First MOTION to Dismiss Amended Complaint : Motion Hearing set for 5/29/2008 10:00 AM in Gainesville before CHIEF JUDGE ROBERT L HINKLE. United States Courthouse, 401 SE 1st Avenue, Gainesville, Florida 32601. NOTE: If you or any party, witness or attorney in this matter has a disability that requires special accommodation, such as, a hearing impairment that requires a sign language interpreter or a wheelchair restriction that requires ramp access, please contact Kimberly Curles at 850-521-3501 in the Clerk's Office at least one week prior to the hearing (or as soon as possible) so arrangements can be made. s/ Kimberly CurlesCourtroom Deputy Clerk (kjc) (Entered: 05/28/2008)

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66 May 29, 2008

Minute Entry for proceedings held before CHIEF JUDGE ROBERT L HINKLE:Motion Hearing held on 5/29/2008 re 22 MOTION to Certify Class filed by CLAYTON L GRIFFIN, MARGARET WASHINGTON, RODNEY PETERSON, CHARLES TODD LEE, WILLIAM LONG, LOUISE SEYMOUR, JOHN BOYD, 26 First MOTION to Dismiss Amended Complaint filed by HOLLY BENSON, DOUGLAS BEACH - written order to follow (Court Reporter Judy Nolton.) (bkp) (Additional attachment(s) added on 5/30/2008: # 1 Minute entry) (bkp). (Entered: 05/30/2008)

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May 30, 2008

ACTION REQUIRED BY DISTRICT JUDGE: Chambers of CHIEF JUDGE ROBERT L HINKLE notified that action is needed Re: 66 Minute Entry for proceedings held before CHIEF JUDGE ROBERT L HINKLE:Motion Hearing held on 5/29/2008 re 22 MOTION to Certify Class filed by CLAYTON L GRIFFIN, MARGARET WASHINGTON, RODNEY PETERSON, CHARLES TODD LEE, WILLIAM LONG, LOUISE SEYMOUR, JO HN BOYD, 26 First MOTION to Dismiss Amended Complaint filed by HOLLY BENSON, DOUGLAS BEACH - written order to follow (bkp)

67 June 1, 2008

ORDER SEALING DOCUMENTS. Granting 62 Motion to Seal Document. The clerk shall maintain exhibits 1 - 10 to document 61 (documents 61-2 through 61-11) under seal. Signed by CHIEF JUDGE ROBERT L HINKLE on 6/1/08. (pll) (Entered: 06/02/2008)

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68 June 7, 2008

ORDER DENYING 26 MOTION TO DISMISS AND DEFERRING RULING ON CLASS CERTIFICATION. (Internal deadline for referral to judge if defendants supplemental response not filed earlier: 7/29/2008). Signed by CHIEF JUDGE ROBERT L HINKLE on 6/7/08. (pll) (Entered: 06/09/2008)

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69 June 13, 2008

ATTORNEY TIME RECORDS by WILLIAM LONG. (GOLD, STEPHEN) (Entered: 06/13/2008)

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70 June 13, 2008

ATTORNEY TIME RECORDS - SEALED PORTION by WILLIAM LONG. (GOLD, STEPHEN) (Entered: 06/13/2008)

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71 June 13, 2008

ATTORNEY TIME RECORDS by CLAYTON L GRIFFIN, LOUISE SEYMOUR, WILLIAM LONG, MARGARET WASHINGTON, CHARLES TODD LEE, RODNEY PETERSON, JOHN BOYD. (SOMERS, SARAH) (Entered: 06/13/2008)

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72 June 13, 2008

ATTORNEY TIME RECORDS - SEALED PORTION by CLAYTON L GRIFFIN, LOUISE SEYMOUR, WILLIAM LONG, MARGARET WASHINGTON, CHARLES TODD LEE, RODNEY PETERSON, JOHN BOYD. (SOMERS, SARAH) (Entered: 06/13/2008)

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73 June 16, 2008

ATTORNEY TIME RECORDS by CLAYTON L GRIFFIN, LOUISE SEYMOUR, WILLIAM LONG, MARGARET WASHINGTON, CHARLES TODD LEE, RODNEY PETERSON, JOHN BOYD. (RUIZ, GABRIELA) (Entered: 06/16/2008)

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74 June 16, 2008

ATTORNEY TIME RECORDS - SEALED PORTION by CLAYTON L GRIFFIN, LOUISE SEYMOUR, WILLIAM LONG, MARGARET WASHINGTON, CHARLES TODD LEE, RODNEY PETERSON, JOHN BOYD. (RUIZ, GABRIELA) (Entered: 06/16/2008)

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75 June 16, 2008

ATTORNEY TIME RECORDS by CLAYTON L GRIFFIN, LOUISE SEYMOUR, WILLIAM LONG, MARGARET WASHINGTON, CHARLES TODD LEE, RODNEY PETERSON. (CANAN, STACY) (Entered: 06/16/2008)

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76 June 16, 2008

ATTORNEY TIME RECORDS - SEALED PORTION by CLAYTON L GRIFFIN, LOUISE SEYMOUR, WILLIAM LONG, MARGARET WASHINGTON, CHARLES TODD LEE, RODNEY PETERSON, JOHN BOYD. (CANAN, STACY) (Entered: 06/16/2008)

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77 June 19, 2008

First MOTION for Extension of Time to File Answer and Discovery Responses, First MOTION to Extend Time Deadline for filing Class Certification Memorandum by HOLLY BENSON, DOUGLAS BEACH. (WAAS, GEORGE) (Entered: 06/19/2008)

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78 June 20, 2008

RECORD OF PROCEEDINGS and NOTICE TO ATTORNEYS OF TRANSCRIPT REDACTION REQUIREMENTS re: 66 Motion Hearing, held on 05-29-08 before Judge Robert L. Hinkle by Court Reporter Judy A. Nolton A transcript of a court proceeding is available for viewing at the Office of the Clerk of Court in the above-captioned case. This transcript has been filed under seal pending a review pursuant to Judicial Conference Privacy Policies. The parties have five (5) days to file with the clerk a Notice of Intent to Request Redaction of this transcript. If no notice is filed by the deadline, the attorney will be deemed to have certified that no redactions are needed. Any party needing to purchase a copy of the transcript to review for redaction purposes may purchase it from the court reporter. Applicable deadlines under 11th Cir. R. 12-1 will be calculated from the date of this notice. Notice of Intent to Request Redaction due by 6/27/2008. Transcript to be unsealed by 9/23/2008 if no redaction request filed. (jag) Modified on 9/30/2008 (pll). ***Unsealed 9/30/08. (Entered: 06/20/2008)

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79 June 21, 2008

ORDER EXTENDING DEADLINE FOR ANSWER AND DISCOVERY RESPONSES. Granting in part 77 First MOTION for Extension of Time to File Answer and Discovery Responses filed by HOLLY BENSON, DOUGLAS BEACH. ( Answer to complaint due by 7/7/2008., (Supplemental response by defendant to plaintiffs' motion for class certification due by: 7/29/2008) Signed by CHIEF JUDGE ROBERT L HINKLE on 6/21/08. (pll) (Entered: 06/23/2008)

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80 July 1, 2008

NOTICE Defendants' First Notice of Taking Depositions Duces Tecum by HOLLY BENSON, DOUGLAS BEACH (WHITNEY, ENOCH) (Entered: 07/01/2008)

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81 July 2, 2008

DISCOVERY ADVISORY: Re 80 Notice (Other) filed by HOLLY BENSON, DOUGLAS BEACH Counsels attention is directed to Federal Rule of Civil Procedure 5(d), which prohibits the filing of discovery materials (including notices of deposition, deposition transcripts, interrogatories and interrogatory responses and notices thereof, production requests and responses and notices thereof, and admissions requests and responses and notices thereof) and disclosures under Rules 26(a)(1) and 26(a)(2), unless and until needed for consideration of pending motions by the court. This advisory serves as notice that no further discovery materials should be filed and all discovery posting options have been removed from CMECF. (dlt) (Entered: 07/02/2008)

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82 July 3, 2008

First MOTION to Extend Time Defendants' Consented To Motion For Extension of Time To File Discovery Responses by HOLLY BENSON, DOUGLAS BEACH. (WHITNEY, ENOCH) (Entered: 07/03/2008)

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83 July 7, 2008

Defendants' ANSWER to 13 Amended Complaint and Affirmative Defenses by HOLLY BENSON, DOUGLAS BEACH. (WHITNEY, ENOCH) (Entered: 07/07/2008)

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84 July 11, 2008

First MOTION for Extension of Time to Complete Discovery by Serving Expert Witness Reports by HOLLY BENSON, DOUGLAS BEACH. (WAAS, GEORGE) (Entered: 07/11/2008)

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85 July 13, 2008

ORDER EXTENDING DEADLINES FOR DEFENDANTS' RULE 26(a)(2) DISCLOSURES AND FOR SPECIFIC DISCOVERY RESPONSES. Granting 82 Motion to Extend Time. Granting 84 Motion for Extension of Time to Complete Discovery. Signed by CHIEF JUDGE ROBERT L HINKLE on 7/13/08. (pll) (Entered: 07/14/2008)

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86 July 15, 2008

ATTORNEY TIME RECORDS by WILLIAM LONG. (GOLD, STEPHEN) (Entered: 07/15/2008)

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87 July 15, 2008

ATTORNEY TIME RECORDS - SEALED PORTION by WILLIAM LONG. (GOLD, STEPHEN) (Entered: 07/15/2008)

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88 July 15, 2008

ATTORNEY TIME RECORDS by CLAYTON L GRIFFIN, LOUISE SEYMOUR, WILLIAM LONG, MARGARET WASHINGTON, CHARLES TODD LEE, RODNEY PETERSON, JOHN BOYD. (SOMERS, SARAH) (Entered: 07/15/2008)

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89 July 15, 2008

ATTORNEY TIME RECORDS - SEALED PORTION by CLAYTON L GRIFFIN, LOUISE SEYMOUR, WILLIAM LONG, MARGARET WASHINGTON, CHARLES TODD LEE, RODNEY PETERSON, JOHN BOYD. (SOMERS, SARAH) (Entered: 07/15/2008)

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90 July 15, 2008

ATTORNEY TIME RECORDS by CLAYTON L GRIFFIN, LOUISE SEYMOUR, WILLIAM LONG, MARGARET WASHINGTON, CHARLES TODD LEE, RODNEY PETERSON, JOHN BOYD. (SIEGEL, JODI) (Entered: 07/15/2008)

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91 July 15, 2008

ATTORNEY TIME RECORDS - SEALED PORTION by CLAYTON L GRIFFIN, LOUISE SEYMOUR, WILLIAM LONG, MARGARET WASHINGTON, CHARLES TODD LEE, RODNEY PETERSON, JOHN BOYD. (SIEGEL, JODI) (Entered: 07/15/2008)

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92 July 15, 2008

ATTORNEY TIME RECORDS by CLAYTON L GRIFFIN, LOUISE SEYMOUR, WILLIAM LONG, MARGARET WASHINGTON, CHARLES TODD LEE, RODNEY PETERSON, JOHN BOYD. (CANAN, STACY) (Entered: 07/15/2008)

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93 July 15, 2008

ATTORNEY TIME RECORDS - SEALED PORTION by CLAYTON L GRIFFIN, LOUISE SEYMOUR, WILLIAM LONG, MARGARET WASHINGTON, CHARLES TODD LEE, RODNEY PETERSON, JOHN BOYD. (CANAN, STACY) (Entered: 07/15/2008)

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94 July 29, 2008

Consent MOTION for Leave to File Excess Pages Defendants' Consented to Motion for Leave to File Defendants' Supplemental Response and Memorandum of Law in Opposition to Plaintiffs' Motion for Class Certification Which Exceeds 25 Pages in Length by HOLLY BENSON, DOUGLAS BEACH. (WHITNEY, ENOCH) (Entered: 07/29/2008)

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95 July 29, 2008

RESPONSE in Opposition re 22 MOTION to Certify Class Defendants' Supplemental Response and Memorandum of Law in Opposition to Plaintiffs' Motion for Class Certification and Defendants' Motion for Evidentiary Hearing on Class Certification filed by HOLLY BENSON, DOUGLAS BEACH. (WHITNEY, ENOCH) (Entered: 07/29/2008)

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96 July 29, 2008

NOTICE Defendants' Notice of Filing Exhibits in Support of Supplemental Response in Opposition to Plaintiffs' Motion for Class Certification by HOLLY BENSON, DOUGLAS BEACH re 95 Response in Opposition to Motion, (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, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Exhibit, # 18 Exhibit) (WHITNEY, ENOCH) (Entered: 07/29/2008)

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97 July 29, 2008

Consent MOTION for Leave to File Reply to Defendants' Supplement Response on Class Certification by CLAYTON L GRIFFIN, LOUISE SEYMOUR, WILLIAM LONG, MARGARET WASHINGTON, CHARLES TODD LEE, RODNEY PETERSON, JOHN BOYD. (SIEGEL, JODI) (Entered: 07/29/2008)

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98 July 29, 2008

NOTICE of Vacation by CLAYTON L GRIFFIN, LOUISE SEYMOUR, WILLIAM LONG, MARGARET WASHINGTON, CHARLES TODD LEE, RODNEY PETERSON, JOHN BOYD (SIEGEL, JODI) (Entered: 07/29/2008)

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99 Aug. 5, 2008

Amended MOTION for Leave to File Reply to Defendants' Supplemental Response on Class Certification - Consented To by CLAYTON L GRIFFIN, LOUISE SEYMOUR, WILLIAM LONG, MARGARET WASHINGTON, CHARLES TODD LEE, RODNEY PETERSON, JOHN BOYD. (SIEGEL, JODI) (Entered: 08/05/2008)

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102 Aug. 7, 2008

ORDER GRANTING 94 LEAVE TO EXCEED PAGE LIMIT. Signed by CHIEF JUDGE ROBERT L HINKLE on 8/7/08. (pll) (Entered: 08/08/2008)

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Case Details

State / Territory:

Florida

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Multi-LexSum (in sample)

Olmstead Cases

Key Dates

Filing Date: Jan. 15, 2008

Closing Date: 2012

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A group of Florida residents who were Medicaid eligible adults with disabilities but were currently confined to a nursing facility.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Steve Gold

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

State

State of Florida

Facility Type(s):

Non-government non-profit

Case Details

Causes of Action:

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12101 et seq.

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

Other Dockets:

Northern District of Florida 4:08-cv-00026

U.S. Court of Appeals for the Eleventh Circuit 08-16261

Available Documents:

Any published opinion

Complaint (any)

Injunctive (or Injunctive-like) Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Attorneys fees

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Content of Injunction:

Implement complaint/dispute resolution process

Preliminary relief granted

Issues

General/Misc.:

Access to public accommodations - governmental

Classification / placement

Housing

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

Benefits (Source):

Medicaid

Disability and Disability Rights:

Disability, unspecified

Intellectual/developmental disability, unspecified

Mental impairment

Discrimination Basis:

Disability (inc. reasonable accommodations)

Jails, Prisons, Detention Centers, and Other Institutions:

Habilitation (training/treatment)

Medical/Mental Health Care:

Medical care, general

Recommended Citation