Case: Birdsong v. Perdue

1:03-cv-00288 | U.S. District Court for the Northern District of Georgia

Filed Date: Jan. 31, 2003

Closed Date: 2006

Clearinghouse coding complete

Case Summary

On January 31, 2003, a group of disabled individuals who received or were going to receive Medicaid long-term care services in nursing facilities rather than in their own homes filed a lawsuit against the state of Georgia under the Americans with Disabilities Act, 42 U.S.C. §§ 12101-12213, § 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794(a), Title XIX of the Social Security Act, 42 U.S.C. § 1396-1396v and the Civil Rights Act of 1871, 42 U.S.C. § 1983 in the U.S. District Court for the …

On January 31, 2003, a group of disabled individuals who received or were going to receive Medicaid long-term care services in nursing facilities rather than in their own homes filed a lawsuit against the state of Georgia under the Americans with Disabilities Act, 42 U.S.C. §§ 12101-12213, § 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794(a), Title XIX of the Social Security Act, 42 U.S.C. § 1396-1396v and the Civil Rights Act of 1871, 42 U.S.C. § 1983 in the U.S. District Court for the Northern District of Georgia, Atlanta Division. The plaintiffs, represented by private counsel, asked the Court for declaratory and injunctive relief, alleging that defendants' official practices and policies caused plaintiffs to be unnecessarily segregated in nursing homes. Specifically, the plaintiffs alleged that defendants did not offer appropriate services to plaintiffs in their homes and communities but continue to provide plaintiffs with services only in nursing homes, and that among states with waiver programs, Georgia ranked close to the bottom in the percentage of Medicaid participants being served in community-based programs rather than in institutions.

On August 20, 2004, the plaintiffs moved for class certification. However, on March 21, 2005, the Court (Judge Julie E. Carnes) denied the motion in the light of the settlement negotiations going on between the parties.

According to the website of the plaintiffs' attorney, on June 28, 2006, the parties reached a settlement, whereby Georgia would reduce waiting lists for community-based services and allocate $4.3 million to accommodate 1,000 people in those programs over the next year.

Summary Authors

Kunyi Zhang (2/15/2011)

People


Judge(s)

Carnes, Julie E. (Georgia)

Attorneys(s) for Plaintiff

Almon, Sam (Georgia)

Goico, Susan Walker (Georgia)

Lester, Charles Jr. (Georgia)

Moore, Leighton (Georgia)

O'Brien, Judith (Georgia)

Roseborough, Teresa Wynn (Georgia)

White, Joseph A. (Georgia)

Attorneys(s) for Defendant

Baker, Thurbert E. (Georgia)

Edenfield, Bruce McCord (Georgia)

Judge(s)

Carnes, Julie E. (Georgia)

Attorneys(s) for Plaintiff

Almon, Sam (Georgia)

Goico, Susan Walker (Georgia)

Lester, Charles Jr. (Georgia)

Moore, Leighton (Georgia)

O'Brien, Judith (Georgia)

Roseborough, Teresa Wynn (Georgia)

White, Joseph A. (Georgia)

Attorneys(s) for Defendant

Baker, Thurbert E. (Georgia)

Edenfield, Bruce McCord (Georgia)

Jones, John Custer (Georgia)

Langford, David E. (Georgia)

Pacious, Kathleen Mary (Georgia)

Other Attorney(s)

Harrington, Sarah E. (District of Columbia)

Powell, Robert David (Georgia)

Expert/Monitor/Master

Gold, Stephen F. (Pennsylvania)

Documents in the Clearinghouse

Document

Docket

June 27, 2006 Docket
1

Complaint

Jan. 31, 2003 Complaint
28

Plaintiffs' Motion for Class Certification

Aug. 20, 2004 Pleading / Motion / Brief
54

Intervenors' Complaint

Jan. 5, 2005 Complaint
68

Order

March 21, 2005 Order/Opinion
88

Stipulation of Dismissal with Prejudice

June 26, 2006 Pleading / Motion / Brief

Docket

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link
1

CLASS ACTION COMPLAINT filed and summons(es) issued. Consent form to proceed before U.S. magistrate and pretrial instructions given to attorney FILING FEE $ 150.00 RECEIPT # 500720 (aet) Modified on 02/04/2003 (Entered: 02/04/2003)

Jan. 31, 2003
2

Application for admission of Stephen F. Gold pro hac vice for plaintiffs (to GET) (bsm) (Entered: 02/05/2003)

Jan. 31, 2003
3

ORDER by Judge G. E. Tidwell, recusing Judge. Case reassigned to Judge Julie E. Carnes (cc w/notice) (bsm) (Entered: 02/07/2003)

Feb. 6, 2003
4

ORDER by Judge Julie E. Carnes GRANTING [2−1] pro hac vice application of Stephen F. Gold (cc) (adg) (Entered: 02/14/2003)

Feb. 13, 2003

Added attorney for defendant: David E. Langford. (ck) (Entered: 02/20/2003)

Feb. 18, 2003
5

CONSENT ORDER by Judge Julie E. Carnes, extending time thru 4/7/03 for dfts to answer [1−1] complaint , Answer due 4/7/03 for Gary Redding, for Jim Martin, for GA Dept. Human Resou, for GA Dept. Community H, for Sonny Perdue (cc) (ck) (Entered: 02/20/2003)

Feb. 18, 2003

Proposed Consent order extending time fof plas to move for class certification. (to JEC) (jph) (Entered: 03/03/2003)

Feb. 27, 2003
7

Memo by CRD that [6−1] consent order violates the Court's rule regarding font. Parties are reminded to comply w/LR 5.1B regarding font. (cc by CRD) (jph) Modified on 03/06/2003 (Entered: 03/06/2003)

March 5, 2003
8

ANSWER by defendants to complaint [1−1] Discovery ends 9/5/03. (jph) (Entered: 04/09/2003)

April 8, 2003
9

Joint Certificate of interested persons. (to judge) (jph) (Entered: 05/08/2003)

May 7, 2003
10

Joint Preliminary Report and Discovery Schedule. (to judge) (jph) (Entered: 05/08/2003)

May 7, 2003
11

ENDORSED ORDER by Judge Julie E. Carnes APPROVING [10−1] preliminary statement. (cc) (jph) (Entered: 05/15/2003)

May 14, 2003
12

SCHEDULING ORDER by Judge Julie E. Carnes, staying discovery from 5/14/03 and expires 8/11/03. Discovery will commence 8/12/03 and Discovery ends 4/7/04 , any motions for sum jgm are due 4/27/04 and pto due 30 days after ruling; if no sum jgm motions then pre−trial order due on 5/7/04 , [12−1] order to be submitted on 5/10/04 if no sum jgm motions or pto filed . Parties are reminded to comply w/LR 5.1B regarding font. (cc) (jph) (Entered: 05/15/2003)

May 14, 2003
13

Joint MOTION to extend time to move for class certification and for parties to make initial disclosures , and to stay discovery (to JEC) (jph) (Entered: 07/17/2003)

July 16, 2003
14

CONSENT ORDER by Judge Julie E. Carnes GRANTING [13−1] joint motion to extend time to move for class certification and for parties to make initial disclosures, GRANTING [13−2] joint motion to stay discovery (cc) (jph) (Entered: 07/21/2003)

July 18, 2003
15

Joint MOTION to extend time for class certification, for parties to make initial disclosures , and to stay discovery (to JEC) (jph) (Entered: 10/09/2003)

Oct. 8, 2003
16

CONSENT ORDER by Judge Julie E. Carnes GRANTING the [15−1] joint motion to extend time for class certification, for parties to make initial disclosures and GRANTING [15−2] joint motion stay discovery. Discovery ends 9/16/04. (cc) (aaq) (Entered: 10/14/2003)

Oct. 10, 2003
17

Joint MOTION to extend time thru 05/06/04 for plas to move for class certification, thru 04/16/04 for parties to make initial disclosures, and thru 04/16/04 for the stay of discovery with prop. order. (to JEC) (jdb) (Entered: 01/15/2004)

Jan. 14, 2004
18

CONSENT ORDER by Judge Julie E. Carnes GRANTING [17−1] joint motion to extend time thru 05/06/04 for plas to move for class certification, thru 04/16/04 for parties to make initial disclosures, and thru 04/16/04 for the stay of discovery, time for filing motions under N.D.Ga LR 7.1(A)(2) is extended to 5/17/04. Discovery ends 12/16/04 (cc) (jlm) (Entered: 02/06/2004)

Feb. 5, 2004
19

JOINT MOTION to extend time for plas to move for class certification; for parties to make initial disclosures and to stay discovery with proposed consent order. (jlm) (Entered: 04/19/2004)

April 16, 2004
20

CONSENT ORDER by Judge Julie E. Carnes GRANTING [19−1] motion to extend time to and including 8/6/04 for plas to move for class certification; parties to make initial disclosures by 7/16/04 and GRANTING [19−2] motion to stay discovery until 7/16/04. Time for filing motions under LR 7.1(A)(2) is extended to 8/17/04. Discovery ends 3/16/05 (cc) (jlm) (Entered: 04/21/2004)

April 20, 2004
21

Dft's Response to Initial Disclosures (jlm) (Entered: 07/26/2004)

July 22, 2004
22

United States' Notice of Request to participate as Amicus Curiae with Brief In Support. (jlm) (Entered: 08/10/2004)

Aug. 5, 2004
23

CONSENT MOTION for Extension of Time to file motion for class certification .(to JEC) (jlm) (Entered: 08/11/2004)

Aug. 5, 2004
25

CERTIFICATE OF SERVICE by pla re: Pla's first set of interrogatories. (jlm) (Entered: 08/19/2004)

Aug. 18, 2004
26

Dft's MOTION to exceed page limitation for brief filed in support of their motion for partial dismissal. (jlm) (Entered: 08/19/2004)

Aug. 18, 2004
27

Dft's MOTION for Partial Dismissal. (Attachments: # 1 Brief in Support)(jlm) (Entered: 08/19/2004)

Aug. 18, 2004
28

Pla's MOTION to Certify Class with memorandum in support. (Attachments: # 1 Memorandum of law in support)(jlm) (Entered: 08/23/2004)

Aug. 20, 2004
29

CONSENT MOTION for Extension of Time for dfts to file response to pla's 28 MOTION to Certify Class . (to JEC) (jlm) (Entered: 09/03/2004)

Sept. 1, 2004
30

CONSENT MOTION for Extension of Time for plas to file memorandum in opposition to dft's 27 MOTION for partial dismisssal . (jlm) (Entered: 09/03/2004)

Sept. 1, 2004

Submission of 22 MOTION Request to participate as Amicus Curiae, 26 MOTION for Leave to File Excess Pages, 27 MOTION to Dismiss and 28 MOTION to Certify Class, submitted to District Judge Julie E. Carnes. (jlm) (Entered: 09/10/2004)

Sept. 10, 2004
31

ORDER GRANTING 29 Consent Motion for Extension of Time to and including 9/21/04 for dft's to file response to pla's motion for class certification. . Signed by Judge Julie E. Carnes on 9/17/04. (jlm) (Entered: 09/21/2004)

Sept. 20, 2004
32

ORDER GRANTING 30 Consent Motion for Extension of Time for plas to file memorandum in opposition to dft's 27 MOTION for partial dismisssal . Signed by Judge Julie E. Carnes on 9/17/04. (jlm) (Entered: 09/21/2004)

Sept. 20, 2004
33

Dft's MOTION for Leave to File Excess Pages for its Brief in Support of Dfts Response to Pla's Motion for Class Certification . (jlm) (Entered: 09/24/2004)

Sept. 22, 2004
34

Dft's BRIEF in RESPONSE to Pla's 28 MOTION to Certify Class. (Attachments: # 1 Exhibit 1 Barnes Affidavit# 2 Exhibit 2 Bacheller Affidavit# 3 Exhibit 3 Dillard Affidavit)(jlm) (Entered: 09/24/2004)

Sept. 22, 2004
35

CONSENT MOTION for Leave to File Excess Pages with proposed order. (to JEC). (jlm) (Entered: 09/28/2004)

Sept. 24, 2004
36

CONSENT MOTION of the United States to Intervene as of right and for Leave to File consolidated brief as amicus and intervenor with proposed order. (to JEC) (jlm) (Entered: 09/28/2004)

Sept. 24, 2004
37

Plaintiff's RESPONSE to dfts' 27 MOTION for Partial Dismissal. (jlm) (Entered: 10/01/2004)

Sept. 27, 2004
38

CERTIFICATES OF SERVICE regarding dfts' Beverly Walker and Georgia Department of Community Health's response to pla's first set of interrogatories. (jlm) (Entered: 10/05/2004)

Oct. 1, 2004
39

CONSENT MOTION for Extension of Time to and including 10/25/04 for plas' to respond to dft's 34 Brief in Opposition to pla's motion for Class Certification and to and including 10/21/04 for dfts' to reply to pla's 37 Memorandum in Response to dft's motion for partial dismissal, with Proposed Order. (Last page of document filed in error) Modified on 10/8/2004 (jlm). (to JEC) (Entered: 10/08/2004)

Oct. 8, 2004

Submission of 33 MOTION for Leave to File Excess Pages, submitted to District Judge Julie E. Carnes. (FILE IN CHAMBERS) (jlm) (Entered: 10/12/2004)

Oct. 12, 2004
40

CERTIFICATE OF SERVICE by dft Tim Burgess regarding his response to pla's first set of interrogatories. (jlm) (Entered: 10/12/2004)

Oct. 12, 2004
41

BRIEF filed by USA as Intervenor regarding State's 27 MOTION to Dismiss . (Attachments: # 1 Part 2# 2 Part 3)(jlm) (Entered: 10/14/2004)

Oct. 13, 2004
43

ORDER GRANTING 36 Motion to Intervene and GRANTING 36 Motion for Leave to File a consolidated brief as amicus in response to State's motion for partial dismissal . Signed by Judge Julie E. Carnes on 10/12/04. (jlm) (Entered: 10/14/2004)

Oct. 13, 2004
44

ORDER GRANTING pla's 39 Motion for Extension of Time to and including 10/25/04 to reply to dft's brief in opp to pla's motion for class certification and dft's have until 10/21/04 to reply to pla's memorandum in response to dft's motion for partial dismissal. Signed by Judge Julie E. Carnes on 10/14/04. (jlm) (Entered: 10/19/2004)

Oct. 15, 2004
46

MOTION to Allow Brief in excess of page limit by dfts.. (jlm) (Entered: 10/26/2004)

Oct. 22, 2004
47

Dft's BRIEF in REPLY to pla's 37 Response to dft's 27 MOTION to Dismiss. (jlm) (Entered: 10/26/2004)

Oct. 22, 2004
45

REPLY BRIEF re 28 MOTION to Certify Class filed by Michael Birdsong. (Moore, Sidney) (Entered: 10/25/2004)

Oct. 25, 2004
48

CONSENT MOTION to file Amended 45 Reply Brief by Michael Birdsong. (Attachments: # 1 PROPOSED AMENDED Reply to Defendants' Brief in Response to Pla's Motion for Class Certification)(Moore, Sidney) Modified on 10/28/2004 (jlm). Modified on 10/28/2004 (jlm). (to JEC for approval) (Entered: 10/26/2004)

Oct. 26, 2004
49

CERTIFICATE OF SERVICE by plaintiffs regarding pla's first request for production of documents to dfts. (jlm) (Entered: 11/02/2004)

Oct. 29, 2004
50

CERTIFICATE OF SERVICE by dft Sonny Perdue regarding his response to pla's first set of interrogatories. (jlm) (Entered: 11/02/2004)

Oct. 29, 2004
51

ORDER APPROVING 48 Consent Motion to File Amended Version of Pla's Reply to dft's Brief in Response to Pla's Motion for Class Certification. Signed by Judge Julie E. Carnes on 11/2/04. (jlm) (Entered: 11/04/2004)

Nov. 2, 2004
52

Pla's Amended Version of REPLY to dft's 34 RESPONSE to pla's 28 MOTION to Certify Class (jlm) (Entered: 11/04/2004)

Nov. 2, 2004

Submission of 46 MOTION for Leave to File Excess Pages, submitted to District Judge Julie E. Carnes. (Note: File in Chambers) (dfb) (Entered: 11/24/2004)

Nov. 24, 2004
53

CERTIFICATE OF SERVICE by Georgia Department of Community Health, Georgia Department of Human Resources, Sonny Perdue Discovery Certificate of Service/Defendants' Response to Plaintiffs' First Request for Production of Documents (Langford, David) (Entered: 12/09/2004)

Dec. 9, 2004
54

First Intervenor COMPLAINT against all defendants, filed by Jennifer Bivins, Alanna Clay, Barney Strickland.(Moore, Sidney) (Entered: 01/05/2005)

Jan. 5, 2005
55

MOTION to Intervene as Plaintiffs with Brief In Support by Jennifer Bivins, Alanna Clay, Barney Strickland. (Attachments: # 1)(Moore, Sidney) (Entered: 01/05/2005)

Jan. 5, 2005
56

MOTION for Hearing re Class Certification and Motion to Intervene by Michael Birdsong, Kelley Dotson, Susan Edwards, Jennifer Bivins, Alanna Clay, Barney Strickland, Bobby Jones, Mia Murray, Larry Pritchard, Patricia Redmond. (Attachments: # 1 Text of Proposed Order)(Moore, Sidney) (Entered: 01/18/2005)

Jan. 18, 2005
57

RESPONSE in Opposition re 55 MOTION to Intervene as Plaintiffs , 56 MOTION for Hearing re Class Certification and Motion to Intervene filed by Georgia Department of Human Resources, Jim Martin, Gary Redding, Jennifer Bivins, Sonny Perdue, Georgia Department of Community Health. (Attachments: # 1 Affidavit of Sandy Choat# 2 Attachment A to Exhibit 1# 3 Attachment B to Exhibit 1# 4 Attachment C to Exhibit 1# 5 Attachment D to Exhibit 1# 6 Affidavit of Deborah Curry# 7 Attachment A to Exhibit 2# 8 Affidavit of Sue

Jan. 24, 2005
58

RESPONSE in Opposition re 56 MOTION for Hearing re Class Certification and Motion to Intervene Defendants' Response in Opposition to Motion for Rule Nisi filed by Sonny Perdue. (Attachments: # 1 Exhibit Exhibit 1 − Affidavit of Sandy Choate)(Langford, David) (Entered: 02/02/2005)

Feb. 2, 2005
59

REPLY to Response to Motion re 55 MOTION to Intervene as Plaintiffs filed by Jennifer Bivins, Alanna Clay, Barney Strickland. (Moore, Sidney) (Entered: 02/07/2005)

Feb. 7, 2005

Submission of 56 MOTION for Hearing re Class Certification and Motion to Intervene , submitted to District Judge Julie E. Carnes. (NOTE: File in Chambers) (dfb) (Entered: 02/10/2005)

Feb. 10, 2005
60

MOTION to Intervene of Victor Cardenas with Brief In Support. (Attachments: # 1 Brief in Support of Motion to Intervene# 2 Exhibit Complaint of Intervenor)(Moore, Sidney) (Entered: 02/18/2005)

Feb. 18, 2005
61

CONSENT MOTION for Extension of Time through May 16, 2005 to Complete Discovery by Georgia Department of Human Resources, Jim Martin, Gary Redding, Michael Birdsong, Kelley Dotson, Susan Edwards, Jennifer Bivins, Alanna Clay, Barney Strickland, Victor Cardenas, Bobby Jones, Mia Murray, Larry Pritchard, Patricia Redmond, Sonny Perdue, Georgia Department of Community Health. (ddm) (Entered: 03/02/2005)

March 1, 2005
62

NOTICE Of Filing Defendants' Objection to Victor Cardenas' Motion for Intervention by Georgia Department of Human Resources, Jim Martin, Gary Redding, Sonny Perdue, Georgia Department of Community Health (Attachments: # 1 Exhibit 1 − Affidavit of Karen Bacheller)(Langford, David) (Entered: 03/08/2005)

March 8, 2005
63

MOTION for Leave to File Excess Pages by Georgia Department of Human Resources, Jim Martin, Gary Redding, Sonny Perdue, Georgia Department of Community Health. (Langford, David) (Entered: 03/08/2005)

March 8, 2005
64

NOTICE scheduling a TELEPHONE conference to discuss re 61 MOTION for Extension of Time to Complete Discovery for TUESDAY, 3/15/05, 11:00 A.M. (kb) (Entered: 03/14/2005)

March 14, 2005
66

ORDER granting 63 Motion for Leave to File Excess Pages. In the future, a Proposed Order should be attached for the Court's signature. Signed by Judge Julie E. Carnes on 3/14/05. (ddm) (Entered: 03/15/2005)

March 14, 2005
65

NOTICE of Appearance by Sarah E. Harrington on behalf of USA (Harrington, Sarah) (Entered: 03/15/2005)

March 15, 2005
67

Minute Entry for proceedings held before Judge Julie E. Carnes : Telephone Conference held on March 15, 2005 on 61 Consent Motion to Extend Discovery. Court granted extension through May 16, 2005. Court is denying without prejudice all the pending motions, to be reactivated, if case not settled. Parties to continue settlement negotiations and complete discovery and advise Court by May 16, 2005 (in a Joint letter, double spaced) indicated where parties are and the next procedure required. Court suggested that Plaintiff not file, if possible, any further motions to intervene pending a resolution of discovery and settlement. Court will schedule a conference in May 2005 to discuss matters further. Order to follow. (Court Reporter Donna Keeble.)(ddm) (Entered: 03/17/2005)

March 15, 2005
68

ORDER 61 Motion to Extend Discovery though May 16, 2005, the date requested by the parties, denying without prejudice 27 Motion for partial dismissal and 28 Motion for class certification, denying without prejudice 55 and 60 Motions to Intervene, granting 22 Notice of Request by USA to participate as Amicus Curiae, granting 26 Motion to file excess pages, granting 33 and 46 Defendants' Motions to file excess pages, denying without prejudice 56 Plaintiff's Motion for hearing on class certification and to intervene, and granting Defendant's Motion to file excess pages. The parties are reminded that they must send the Court a letter by May 16, 2005 indicating where they are in settlement discussions and discovery. Signed by Judge Julie E. Carnes on 3/21/05.(ddm) (Entered: 03/22/2005)

March 22, 2005
69

TRANSCRIPT of In Camera Telephone Conference Proceedings held on March 15, 2005 before Judge Julie E. Carnes. Court Reporter: Donna C. Keeble. (ddm) (Entered: 04/01/2005)

March 31, 2005
70

Consent MOTION for Extension of Time to Complete Discovery DEFENDANTS' CONSENT MOTION TO EXTEND DISCOVERY AND SET THE DATE FOR FILING OF MOTION FOR SUMMARY JUDGMENT by Georgia Department of Human Resources, Jim Martin, Gary Redding, Sonny Perdue, Georgia Department of Community Health. (Attachments: # 1 CONSENT ORDER EXTENDING TIME FOR DISCOVERY AND DEADLINE FOR THE FILING OF MOTIONS FOR SUMMARY JUDGMENT)(Langford, David) (Entered: 05/06/2005)

May 6, 2005
71

ORDER granting 70 defendants' Consent Motion for Extension of Time to Complete Discovery. Discovery ends on FRIDAY, 7/15/2005 and summary judgment motions are due on THURSDAY, 9/15/05. Signed by Judge Julie E. Carnes on 05/20/05. (kb) (Entered: 05/23/2005)

May 20, 2005
72

Request for Leave of Absence for the following date(s): 7/24/05 to 8/19/05 and 9/1/05 to 9/5/05, by Teresa Wynn Roseborough. (kb) (Entered: 08/02/2005)

Aug. 2, 2005

MINUTE ORDER (by docket entry only) APPROVING re 72 Leave of Absence of Teresa Wynn Roseborough for the period of 7/24/05 to 8/19/05 and 9/1/05 to 9/5/05 by CRD by direction of the Court on 8/2/05. Counsel is expected to comply timely with discovery. Further, should any pleading become due during this period, counsel will be required to file a motion for extension of time as to that particular pleading, should counsel wish any extension.(kb) (Entered: 08/02/2005)

Aug. 2, 2005
73

Mail Returned as Undeliverable. Mail sent to Stephen F. Gold regarding NEF from Minute Order returned due to incomplete address. (ddm) (Entered: 08/08/2005)

Aug. 5, 2005
74

Joint MOTION for Extension of Time to Complete Discovery and to File Dispositive Motions by Michael Birdsong, Kelley Dotson, Susan Edwards, Jennifer Bivins, Alanna Clay, Barney Strickland, Victor Cardenas, Bobby Jones, Mia Murray, Larry Pritchard, Patricia Redmond. (Moore, Sidney) (Entered: 09/02/2005)

Sept. 2, 2005
75

NOTICE of Appearance by Bruce McCord Edenfield on behalf of all defendants (Edenfield, Bruce) (Entered: 09/20/2005)

Sept. 20, 2005
76

ORDER granting 74 the Joint Motion for Extension of Time to Complete Discovery. Fact Discovery ends on FRIDAY, 9/30/2005. Signed by Judge Julie E. Carnes on 09/23/05. (kb) (Entered: 09/26/2005)

Sept. 26, 2005
77

ORDER amending its 68 Order of March 22, 2005 to indicate that this action is administratively terminated. The case shall be reactivated by the Clerk on November 30, 2005, when the parties file their dispositive motions or on a later date when these motions are filed, should another extension be sought and granted. Signed by Judge Julie E. Carnes on 11/2/05. (ddm) (Entered: 11/03/2005)

Nov. 2, 2005

Civil Case Terminated. (ddm) (Entered: 11/03/2005)

Nov. 2, 2005
78

Joint MOTION for Extension of Time to Complete Discovery by Michael Birdsong, Kelley Dotson, Susan Edwards, Jennifer Bivins, Alanna Clay, Barney Strickland, Victor Cardenas, Bobby Jones, Mia Murray, Larry Pritchard, Patricia Redmond. (Moore, Sidney) (Entered: 11/23/2005)

Nov. 23, 2005
79

ORDER granting 78 Joint Motion for Extension of Time to Complete Discovery. Fact Discovery ends on TUESDAY,1/31/2006 and dispositive motions due MONDAY, 2/20/06. Signed by Judge Julie E. Carnes on 12/2/05. (kb) (Entered: 12/02/2005)

Dec. 2, 2005
80

Joint MOTION for Extension of Time to file dispositive motions with Brief In Support by Georgia Department of Human Resources. (Attachments: # 1 Text of Proposed Order granting extension to file dispositive motions)(Edenfield, Bruce)

Feb. 13, 2006
82

NOTICE by USA re 41 Reply Brief (Attachments: # 1 Supplement Supplemental Legal Authority)(Harrington, Sarah) (Entered: 02/22/2006)

Feb. 22, 2006
83

DOCUMENT FILED IN ERROR NOTICE Of Filing Motion Requesting Permission to Withdrawal Counsel by Michael Birdsong, Kelley Dotson, Susan Edwards, Jennifer Bivins, Alanna Clay, Barney Strickland, Victor Cardenas, Bobby Jones, Mia Murray, Larry Pritchard, Patricia Redmond (Moore, Sidney) Modified on 3/14/2006 to correct attorney pleading (ddm). (Entered: 03/13/2006)

March 13, 2006
84

REDOCKETED AS MOTION to Withdraw Susan Walker Goico, Joseph Alan White as Attorneyby Michael Birdsong, Kelley Dotson, Susan Edwards, Jennifer Bivins, Alanna Clay, Barney Strickland, Victor Cardenas, Bobby Jones, Mia Murray, Larry Pritchard, Patricia Redmond. (ddm) (Entered: 03/14/2006)

March 13, 2006
85

Joint MOTION for Extension of Time to File Dispositive Motions by Georgia Department of Community Health. (Attachments: # 1 Text of Proposed Order)(Edenfield, Bruce) (Entered: 03/24/2006)

March 24, 2006
86

ORDER granting 85 Motion for Extension of Time for filing dispositive motions through FRIDAY, 4/28/06 . Signed by Judge Julie E. Carnes on 03/27/06. (kb) (Entered: 03/27/2006)

March 27, 2006

Submission of 84 MOTION to Withdraw Susan Walker Goico, Joseph Alan White as Attorney for Plaintiffs, submitted to District Judge Julie E. Carnes. (ddm) (Entered: 04/06/2006)

April 6, 2006
87

ORDER granting 84 Motion to Withdraw as Attorney. Attorneys Susan Walker Goico, Riette Van Laack, and Joseph Alan White are terminated as counsel of record for plaintiffs. Signed by Judge Julie E. Carnes on 4/11/06. (mas) (Entered: 04/12/2006)

April 12, 2006
88

STIPULATION of Dismissal With Prejudice (Joint between all parties) by Georgia Department of Community Health. (Edenfield, Bruce) (Entered: 06/26/2006)

June 26, 2006

Clerk's Entry of Dismissal approving 88 Stipulation of Dismissal With Prejudice. (ddm) (Entered: 06/27/2006)

June 27, 2006

State / Territory: Georgia

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Olmstead Cases

Key Dates

Filing Date: Jan. 31, 2003

Closing Date: 2006

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A group of people with physical disabilities who received or were seeking to receive Medicaid long-term care services in nursing facilities rather than in their own homes.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Steve Gold

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

State of Georgia, Department of Community Health, State

Case Details

Causes of Action:

42 U.S.C. § 1983

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

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

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

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Issues

Benefit Source:

Medicaid