Support the Civil Rights Litigation Clearinghouse?

The Civil Rights Litigation Clearinghouse is committed to making information about civil rights lawsuits public, accessible, and free. If you use our--recently revamped--website and the posted documents and information, would you consider a donation? Our small but mighty team relies principally on grant funding and donations. Can you help?

Support the Civil Rights Litigation Clearinghouse?

The Civil Rights Litigation Clearinghouse is committed to making information about civil rights lawsuits public, accessible, and free. If you use our--recently revamped--website and the posted documents and information, would you consider a donation? Our small but mighty team relies principally on grant funding and donations. Can you help?

Thank you!

DONATE

Case: A.R. v. Dudek

0:12-cv-60460 | U.S. District Court for the Southern District of Florida

Filed Date: March 13, 2012

Case Ongoing

Clearinghouse coding complete

Case Summary

On March 13, 2012, plaintiffs—medically fragile children or children who need skilled care services—filed a lawsuit in the U.S. District Court for the Southern District of Florida against Florida's Agency for Health Care Administration and Department of Health. After consolidating two similar cases in Spring 2012, plaintiffs' amended complaint sought relief under the ADA, Section 504 of the Rehabilitation Act, and the Medicaid Act, on behalf of two subclasses: children who live at home but are …

On March 13, 2012, plaintiffs—medically fragile children or children who need skilled care services—filed a lawsuit in the U.S. District Court for the Southern District of Florida against Florida's Agency for Health Care Administration and Department of Health. After consolidating two similar cases in Spring 2012, plaintiffs' amended complaint sought relief under the ADA, Section 504 of the Rehabilitation Act, and the Medicaid Act, on behalf of two subclasses: children who live at home but are at risk of future institutionalization, and children placed in geriatric nursing facilities. The plaintiffs also named eQHealth, the organization contracted to serve Florida's Medicaid utilization review entity, as a defendant. The plaintiffs were represented by private counsel, the FSU College of Law Public Interest Law Center, and the North Florida Center For Equal Justice. They sought to compel the state to provide services that would allow them to live in their homes and communities, to cease the practice of denying or reducing plaintiffs' services at recertification where there has been no change in the medical necessity of such services, and to award compensatory services to remedy conditions that had resulted from past failures to provide medically necessary services.

The defendants filed a motion to dismiss on June 1, 2012. The Florida state agency defendants claimed that they had provided services in accordance with state and federal Medicaid requirements and that they had not enacted a policy that favored institutionalization.

The United States sent a Statement of Interest to the Court on June 28, 2012, urging the Court to deny defendants' motion to dismiss. Specifically, the United States stated that plaintiffs had adequately identified a state policy that placed them at risk of unnecessary institutionalization in violation of the ADA, stated a valid claim that defendants violated the "reasonable promptness" provision and EPSDT provisions of the Medicaid Act by unreasonably applying their definition of medical necessity, and alleged a clear violation of PASRR requirements of the Nursing Home Reform Act.

On July 17, Judge William Zloch denied the motion to dismiss in a short order, saying that the issues would be better addressed in a motion for summary judgment.

On September 4, 2012, the U.S. Department of Justice, Civil Rights Division (DOJ) sent a Findings Letter to the attorney general of Florida stating that, based on the DOJ investigation of the state system with respect to six large nursing facilities that housed the majority of children with medically complex or fragile conditions, the State had failed to meet its obligations under Title VII of the ADA and 28 CFR Part 35 by unnecessarily institutionalizing hundreds of children in nursing facilities and by placing many others at risk of such placement.

For instance, although some community-based services were available through the Medicaid State Plan, the State had acted irrationally and placed several restrictions on the availability of these services. The DOJ noted that these children could live at home with their families or in other more integrated community settings if adequate services and support was provided. Specifically, the DOJ recommended that the State increase community capacity by allotting additional waiver slots, amend existing policies, including policies that may lead to inappropriate denial of medically necessary services, and expand other community services to serve children in or at risk of entering nursing facilities. The DOJ also recommended that the State develop and implement an active transition plan to ensure that services and support are available to serve the children. This transition plan should include individuals knowledgeable about community living options, rather than rely on the staff of nursing facilities for such arrangements.

A few weeks later, the Florida Agency for Health Care Administration, the Florida Department of Health, and the Florida Department of Children and Families responded to the Findings Letter. They noted that, upon receiving the Findings Letter, they conducted their own multiagency investigation and found the assertions in the DOJ's letter to be unfounded. They stated their interest in working collaboratively with the DOJ but noted that they required certain documents from the DOJ before they could start working on any issues.

On February 21, 2013, the defendants moved to dismiss the case for lack of subject matter jurisdiction due to mootness because they claimed that they had voluntarily implemented policy changes to the specific rules, practices, and regulations challenged by the plaintiffs. The Court (Judge Ron S. Rosenbaum) denied the motion on August 6, 2013.

On September 25, 2013, Judge Rosenbaum denied without prejudice the plaintiffs' motion for class certification. At issue was whether the plaintiffs were really challenging the state's systematic practice of institutionalizing at-risk children (which would be appropriate for a class action) or whether the plaintiffs were, as defendants contended, just challenging individualized executions of the state's policy (which would be less amenable to class certification). The judge determined that the record was not sufficiently developed to show what kind of case this was. The plaintiffs could move to recertify after they completed more discovery.

On December 6, 2013, Judge Rosenbaum granted the plaintiffs' motion to consolidate their case with one that the Department of Justice had brought against the state for unnecessarily segregating and institutionalizing children with disabilities in violation of the ADA.

On December 19, 2013, the plaintiffs renewed their motion to certify the class. The defendants opposed and renewed their own motion to dismiss the claims for lack of subject matter jurisdiction.

Shortly thereafter, the case was reassigned to Judge William J. Zloch, who referred the parties to mediation on June 17, 2014. On September 9, 2014, Judge Zloch denied the plaintiffs' motion for class certification without prejudice with leave to refile following the Court's ruling on the defendants' renewed motion to dismiss. The defendant's motion was eventually denied on December 29, 2014.

On January 30, 2015, the plaintiffs settled with the defendant eQHealth, the Louisiana non-profit organization that contracted frequently with Florida. The plaintiffs asked that the court retain jurisdiction over eQHealth pending fulfillment of the settlement agreement, but the terms of the settlement were not stipulated.

In April 2015, the plaintiffs renewed their motion for class certification. The defendants, in turn, moved for judgment on the pleadings. On April 17, 2015, the final mediation report was handed into the court. The remaining parties were apparently unable to settle.

On August 7, 2015 the court on the recommendation of the magistrate judge denied the plaintiff's motion for class certification. 2015 WL 11143082. The court found the class was not clearly defined and certification unnecessary.

On September 1, 2015, the court adopted a report and recommendation submitted by Judge Patrick M. Hunt, which suggested to the court to grant in part and deny in part the defendants' motion for judgment on the pleadings. 2015 WL 11143083. At stake was a portion of the plaintiffs' request for an injunction forcing "compensatory services" to make the plaintiffs whole after they were consistently denied medically necessary services. The defendants argued that compensatory damages are only available for plaintiffs for suits arising from the Individuals with Disabilities Education Act (IDEA). The court agreed, judging in favor of the defendants on the request for the injunction seeking compensatory services. However, Judge Hunt noted that the plaintiffs request under the Early and Periodic Screening Diagnostic and Treatment Services (EPSDT provisions) would necessarily require the defendants to provide services to "correct or ameliorate defects and physical and mental illnesses and conditions discovered" by the screenings performed by the defendants.

On February 29, 2016, the court again adopted a report and recommendation by Judge Hunt, which this time recommended denial of the class certification requested by the plaintiffs. 2016 WL 3753705 The reason for the denial was twofold. First, the class was denied was because the definition of the class was overly broad. The plaintiffs sought to certify a class under the following parameters: "All current and future Medicaid recipients in Florida under the age of 21, who are (1) institutionalized in nursing facilities, or (2) medically complex or fragile and at risk of institutionalization in nursing facilities." Judge Hunt noted that this definition included all children who could be institutionalized, as opposed to those who would be unnecessarily institutionalized. Thus, the definition was found to be too broad. Second, the class was found to be unnecessary. The plaintiffs tried to argue that the class was necessary due to the fact that three plaintiffs from the original suit had already passed away, and in order to prevent their case from becoming moot, they needed a class. The court decided that the probability of the case becoming moot was so low that certifying the class would be unnecessary.

On March 21, 2016, the defendants filed a motion for summary judgment, but in September 2016, it was denied as moot.

On June 1, 2016, the defendants moved to dismiss several of the plaintiffs' claims due to their deaths and lack of subsequent parties representing the decedents interests. On June 27, 2016, the court granted the motion to dismiss four of the plaintiffs. Also on June 27, 2016, the court granted the motion to dismiss plaintiff A.R.'s claims as moot per the recommendations of the Magistrate Judge. This matter was reconsidered due to the plaintiffs filing an untimely objection, but this reconsideration was denied on June 30, 2016 with the dismissal of plaintiff A.R. being reaffirmed.

On September 20, 2016, the court dismissed the United States of America as plaintiffs. 209 F. Supp.3 d 1279. The court found that the Attorney General could not file a suit under the plain language of Title II of the ADA.

On January 19, 2017, the court dismissed plaintiff A.G.'s claims for mootness due to him aging out of the Medicaid program. The plaintiffs had previously sought class certification to prevent this issue. Plaintiff A.G. turned 21 years old and as a result became ineligible for the Florida medicaid program, and his claim was ruled moot as a result.

On June 9, 2017, the court granted the defendant's motion to dismiss the three remaining plaintiffs, citing the recommendation of the magistrate judge. The defendants had argued that the plaintiff's claims should be dismissed due to the previously offending policies being changed or removed, rendering the claim moot. The magistrate judge found that while usually a change in policy such as this would not render a claim moot, when it is a government policy being changed there is more consideration given. The magistrate judge determined that the offending policies had been unambiguously terminated, made in good faith with substantial deliberation, and consistently applied. As a result, the remaining plaintiffs claims were moot.

Six plaintiffs appealed this dismissal to the 11th Circuit. On May 16, 2019, the court affirmed the district court's ruling.

The United States also appealed their dismissal to the 11th circuit. On September 17, 2019, the court reversed the District Court's dismissal of the plaintiff and remanded it for further proceedings. The court ruled that the Attorney General could sue under Title II of the ADA as Congress had approved enforcement by any means authorized by law.

This case is ongoing as of November 20, 2019.

Summary Authors

Alice Liu (9/28/2012)

Andrew Junker (10/29/2014)

Megan Brown (10/31/2016)

Carter Powers Beggs (11/20/2019)

Related Cases

United States of America v. State of Florida, Southern District of Florida (2013)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4234232/parties/ar-v-dudek/


Judge(s)

Boggs, Danny Julian (Kentucky)

Hunt, Patrick M (Florida)

Jordan, Adalberto Jose (Florida)

McAliley, Chris M. (Florida)

Rosenbaum, Robin Stacie (Florida)

Zloch, William J. (Florida)

Attorneys(s) for Plaintiff

Annino, Paolo G (Florida)

Chandler, Thomas E. (District of Columbia)

Dietz, Matthew Wilson (Florida)

England, Travis W (District of Columbia)

Judge(s)

Boggs, Danny Julian (Kentucky)

Hunt, Patrick M (Florida)

Jordan, Adalberto Jose (Florida)

McAliley, Chris M. (Florida)

Rosenbaum, Robin Stacie (Florida)

Zloch, William J. (Florida)

Attorneys(s) for Plaintiff

Annino, Paolo G (Florida)

Chandler, Thomas E. (District of Columbia)

Dietz, Matthew Wilson (Florida)

England, Travis W (District of Columbia)

Esposito, Beth A (District of Columbia)

Ferrer, Wilfredo A (Florida)

Friel, Gregory (District of Columbia)

Grunewald, Kathy Newman (Florida)

Harrell-James, Veronica Vanessa (Florida)

Ito, Jamie (Florida)

Perez, Thomas E. (District of Columbia)

Raish, Anne Skeels (New York)

Welan, Joy Levin (District of Columbia)

Zaborske, Jill B (Florida)

Attorneys(s) for Defendant

Austin, Michael Garrett (Florida)

Kilinski, Caryl (Florida)

Long, Brittany Adams (Florida)

Lukis, Ashley Hoffman (Florida)

Mawhinney, Allison Goodson (Florida)

Meros, George N Jr. (Florida)

Raleigh, Lisa M. (Florida)

Reynolds, Jay Patrick (Florida)

Romanello, Nicholas William (Florida)

Scoles, Lisa (Florida)

Scott, Angela (District of Columbia)

Sheeran, Andrew T (Florida)

Smith, Beverly H (Florida)

Street, Leslei Gayle (Florida)

Thomas, Harry O. (Florida)

Williams, Stuart Fraser (Florida)

Other Attorney(s)

Robin-­Vergeer, Bonnie I. (District of Columbia)

Expert/Monitor/Master

Barkoff, Alison (District of Columbia)

Foran, Sheila (District of Columbia)

Hill, Eve L. (District of Columbia)

Parker, Marion Drew (Florida)

Tschetter, Jennifer Ann (Florida)

Documents in the Clearinghouse

Document

0:12-cv-60460

Docket

A. R. v. Dudek

May 16, 2019

May 16, 2019

Docket

17-13595

Docket

A.R. v. Sec. Health Care Admin

U. S. Court of Appeals for the Eleventh Circuit

Nov. 20, 2019

Nov. 20, 2019

Docket
45

0:12-cv-60460

Statement of Interest of the United States

June 28, 2012

June 28, 2012

Pleading / Motion / Brief
46

0:12-cv-60460

Order Denying Motion to Dismiss

T.H. v. Dudek

July 17, 2012

July 17, 2012

Order/Opinion
62

0:12-cv-00460

SECOND AMENDED CONSOLIDATED COMPLAINT - CLASS ACTION FOR DECLARATORY AND INJUNCTIVE RELIEF

Aug. 15, 2012

Aug. 15, 2012

Complaint

Re: United States' Investigation of the State of Florida's Service System for Children with Disabilities Who Have Medically Complex Conditions, D.J. No. 204-18-212

No Court

Sept. 4, 2012

Sept. 4, 2012

Findings Letter/Report

Re: D.J. No. 204-18-212 (Response to 9/4/2012 Findings Letter)

No Court

Sept. 28, 2012

Sept. 28, 2012

Findings Letter/Report
175

0:12-cv-60460

Order [Denying Defendants' Motion to Dismiss]

T.H. v. Dudek

Aug. 6, 2013

Aug. 6, 2013

Order/Opinion
203

0:12-cv-60460

Order [Denying Motion to Certify Class]

T.H. v. Dudek

Sept. 25, 2013

Sept. 25, 2013

Order/Opinion
215

0:12-cv-60460

Order [Granting Plaintiffs' Motion for Consolidation of Related Cases]

T.H. v. Dudek

Dec. 6, 2013

Dec. 6, 2013

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4234232/ar-v-dudek/

Last updated Oct. 11, 2022, 1:46 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT - CLASS ACTION FOR DECLARATORY AND INJUNCTIVE RELIEF against All Defendants. Filing fee $ 350.00 receipt number 113C-4548818, filed by T.F., M.D., C.V., A.R., C.M., B.M.. (Attachments: # 1 Civil Cover Sheet, # 2 Summon(s) Elizabeth Dudek, # 3 Summon(s) Harry Frank Farmer, # 4 Summon(s) Kristina Wiggins, # 5 Summon(s) eQHealth, # 6 Summon(s) Pam Bondi)(Dietz, Matthew) (Entered: 03/13/2012)

1 Civil Cover Sheet

View on PACER

2 Summon(s) Elizabeth Dudek

View on PACER

3 Summon(s) Harry Frank Farmer

View on PACER

4 Summon(s) Kristina Wiggins

View on PACER

5 Summon(s) eQHealth

View on PACER

6 Summon(s) Pam Bondi

View on PACER

March 13, 2012

March 13, 2012

RECAP
2

Judge Assignment to Judge William J. Zloch and Magistrate Judge Robin S. Rosenbaum (ar2) (Entered: 03/13/2012)

March 13, 2012

March 13, 2012

PACER
3

Summons Issued as to Elizabeth Dudek, Harry Frank Farmer, Jr., M.D., Kristina Wiggins, eQHealth Solutions, Inc. (ar2) (Entered: 03/13/2012)

March 13, 2012

March 13, 2012

PACER
4

Clerks Notice to Filer re: Summons(es) cannot be issued. The party(ies) on the summons(es) does not match the initiating documents. (ar2) (Entered: 03/13/2012)

March 13, 2012

March 13, 2012

PACER
5

NOTICE of Attorney Appearance by Beverly H Smith on behalf of Elizabeth Dudek (Smith, Beverly) (Entered: 04/03/2012)

April 3, 2012

April 3, 2012

PACER
6

NOTICE of Attorney Appearance by Andrew T. Sheeran on behalf of Elizabeth Dudek (Sheeran, Andrew) (Entered: 04/03/2012)

April 3, 2012

April 3, 2012

PACER
7

NOTICE of Attorney Appearance by Harry Osborne Thomas on behalf of eQHealth Solutions, Inc. (Thomas, Harry) (Entered: 04/04/2012)

April 4, 2012

April 4, 2012

PACER
8

NOTICE of Attorney Appearance by Lisa Scoles on behalf of eQHealth Solutions, Inc. (Scoles, Lisa) (Entered: 04/04/2012)

April 4, 2012

April 4, 2012

PACER
9

Consent MOTION for Extension of Time to File Answer RE: Complaints re 1 Complaint, by Elizabeth Dudek, Harry Frank Farmer, Jr., M.D., Kristina Wiggins, eQHealth Solutions, Inc.. (Attachments: # 1 Text of Proposed Order Proposed Order)(Thomas, Harry) (Entered: 04/04/2012)

April 4, 2012

April 4, 2012

PACER
10

Paperless Order GRANTING Defendants' Motion for Extension of Time to Answer. All Defendants shall have until noon on Friday, April 20, 2012, to respond to Plaintiffs' Complaint.Signed by Judge William J. Zloch on 4/5/2012.(wjz2) (Entered: 04/05/2012)

April 5, 2012

April 5, 2012

PACER
11

Bar Letter re: Admissions sent to attorneys Jamie Ito and Edward J. Grunewald, mailing date April 9, 2012. (ksa) (Entered: 04/09/2012)

April 9, 2012

April 9, 2012

PACER
12

Bar Letter re: Admissions sent to attorney Paolo G. Annino, mailing date April 9, 2012. (ksa) (Entered: 04/09/2012)

April 9, 2012

April 9, 2012

PACER
13

CLERK'S NOTICE re 11 Bar Letter re: Admissions sent to attorneys Jamie Ito and Edward J. Grunewald. Attorneys Jamie Ito and Edward J. Grunewald are members of this Court's Bar. They were admitted to the Southern District of Florida Bar on March 20, 2012. (ksa) (Entered: 04/11/2012)

April 11, 2012

April 11, 2012

PACER
14

Defendant's MOTION TO DISMISS 1 Complaint, FOR FAILURE TO STATE A CLAIM and Supporting Memorandum of Law by eQHealth Solutions, Inc.. Responses due by 5/7/2012 (Scoles, Lisa) (Entered: 04/19/2012)

April 19, 2012

April 19, 2012

PACER
15

Defendant's MOTION Motion to Take Judicial Notice re 14 Defendant's MOTION TO DISMISS 1 Complaint, FOR FAILURE TO STATE A CLAIM and Supporting Memorandum of Law by eQHealth Solutions, Inc.. (Attachments: # 1 Exhibit A)(Scoles, Lisa) (Entered: 04/19/2012)

April 19, 2012

April 19, 2012

PACER
16

Consent MOTION for Extension of Time to File Answer RE: Complaints re 1 Complaint, Second Motion for Extension by Elizabeth Dudek, Harry Frank Farmer, Jr., M.D., Kristina Wiggins. (Sheeran, Andrew) (Entered: 04/20/2012)

April 20, 2012

April 20, 2012

PACER
17

PAPERLESS ORDER granting 16 Motion for Extension of Time to Respond to Complaint. Defendants Elizabeth Dudek, Harry Frank Farmer, Jr., M.D. and Kristina Wiggins shall file their response to Plaintiffs' Complaint by Noon, Friday, 4/27/2012. Signed by Judge William J. Zloch on 4/20/2012. (bc) (Entered: 04/20/2012)

April 20, 2012

April 20, 2012

PACER
18

Unopposed MOTION to Consolidate Cases and Incorporated Memorandum of Law by A.R., B.M., C.M., C.V., M.D., T.F.. Responses due by 5/14/2012 (Attachments: # 1 Text of Proposed Order)(Dietz, Matthew) (Entered: 04/26/2012)

1 Text of Proposed Order

View on RECAP

April 26, 2012

April 26, 2012

RECAP
19

MOTION TO DISMISS 1 Complaint, FOR FAILURE TO STATE A CLAIM by Elizabeth Dudek, Harry Frank Farmer, Jr., M.D., Kristina Wiggins. Responses due by 5/14/2012 (Sheeran, Andrew) (Entered: 04/27/2012)

April 27, 2012

April 27, 2012

PACER
20

Clerks Notice to Filer re 19 MOTION TO DISMISS 1 Complaint, FOR FAILURE TO STATE A CLAIM . Attorney Did Not Associate Themselves; ERROR - Filing attorney neglected to associate themselves to the case. The Clerk has added the attorney to the case. It is not necessary to refile this document future filings must comply with the CM/ECF Administrative Procedures and Local Rules by filing a Notice of Attorney Appearance and linking themselves to the case. (ls) (Entered: 04/30/2012)

April 30, 2012

April 30, 2012

PACER
21

Unopposed MOTION for Extension of Time to File Response/Reply as to 14 Defendant's MOTION TO DISMISS 1 Complaint, FOR FAILURE TO STATE A CLAIM and Supporting Memorandum of Law by A.R., B.M., C.M., C.V., M.D., T.F.. (Dietz, Matthew) (Entered: 05/03/2012)

May 3, 2012

May 3, 2012

PACER
22

PAPERLESS ORDER granting 21 Motion for Extension of Time to Respond to 14 Defendant's Motion to Dismiss 1 Complaint. Plaintiffs shall file their response to Defendants' 14 Motion to Dismiss Complaint by Noon, 5/14/2012. Signed by Judge William J. Zloch on 5/3/2012. (bc) (Entered: 05/03/2012)

May 3, 2012

May 3, 2012

PACER
23

ORDER of Instructions. Signed by Judge William J. Zloch on 5/11/2012. (bc) (Entered: 05/11/2012)

May 11, 2012

May 11, 2012

PACER
24

ORDER granting 18 Unopposed Motion to Consolidate Cases. Signed by Judge William J. Zloch on 5/11/2012. (ar2) (Entered: 05/11/2012)

May 11, 2012

May 11, 2012

PACER
25

MOTION TO DISMISS 1 Complaint, FOR FAILURE TO STATE A CLAIM by Elizabeth Dudek, Harry Frank Farmer, Jr., M.D., Kristina Wiggins. Responses due by 6/1/2012 (Smith, Beverly) (Entered: 05/15/2012)

May 15, 2012

May 15, 2012

PACER
26

Unopposed MOTION for Extension of Time to Amend Complaint by A.C., A.R., B.M., C.M., C.V., M.D., T.F., T.H.. Responses due by 6/1/2012 (Dietz, Matthew) (Entered: 05/15/2012)

May 15, 2012

May 15, 2012

PACER
27

ORDER granting 26 Motion for Extension of Time to Amend Complaint. Plaintiffs shall file their Amended Complaint by Noon, 5/18/2012. Signed by Judge William J. Zloch on 5/15/2012. (bc) (Entered: 05/15/2012)

May 15, 2012

May 15, 2012

PACER
28

NOTICE of Attorney Appearance by Stuart Fraser Williams on behalf of Elizabeth Dudek Associated Cases: 0:12-cv-60460-WJZ, 0:12-cv-60461-WJZ(Williams, Stuart) (Entered: 05/16/2012)

May 16, 2012

May 16, 2012

PACER
29

Plaintiff's AMENDED COMPLAINT against All Defendants filed in response to Order Granting Motion for Leave, filed by T.F., M.D., A.C., C.V., A.R., C.M., T.H., B.M.. (Attachments: # 1 Exhibit A)(Dietz, Matthew) (Entered: 05/16/2012)

May 16, 2012

May 16, 2012

PACER
30

Defendant's MOTION TO DISMISS 29 Amended Complaint FOR FAILURE TO STATE A CLAIM and Supporting Memorandum of Law by eQHealth Solutions, Inc.. Responses due by 6/18/2012 (Scoles, Lisa) (Entered: 05/30/2012)

May 30, 2012

May 30, 2012

PACER
31

Defendant's MOTION for Hearing re 30 Defendant's MOTION TO DISMISS 29 Amended Complaint FOR FAILURE TO STATE A CLAIM and Supporting Memorandum of Law and Request for Oral Argument by eQHealth Solutions, Inc.. (Scoles, Lisa) (Entered: 05/30/2012)

May 30, 2012

May 30, 2012

PACER
32

MOTION TO DISMISS 29 Amended Complaint FOR FAILURE TO STATE A CLAIM by Elizabeth Dudek. Responses due by 6/18/2012 (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Williams, Stuart) (Entered: 06/01/2012)

June 1, 2012

June 1, 2012

PACER
33

Corporate Disclosure Statement by eQHealth Solutions, Inc. (Thomas, Harry) (Entered: 06/04/2012)

June 4, 2012

June 4, 2012

PACER
34

SCHEDULING REPORT - Rule 26(f) by A.C., A.R., B.M., C.M., C.V., M.D., T.F., T.H. (Attachments: # 1 Text of Proposed Order)(Dietz, Matthew) (Entered: 06/06/2012)

June 6, 2012

June 6, 2012

PACER
35

ORDER for Pre-Trial Conference. Pretrial Conference set for 6/14/2013 at 9:30 AM in Fort Lauderdale Division before Judge William J. Zloch. Pretrial Stipulation due by Noon, 5/31/2013. Signed by Judge William J. Zloch on 6/7/2012. (bc) (Entered: 06/07/2012)

June 7, 2012

June 7, 2012

PACER
36

ORDER REFERRING CASE to Mediation. Signed by Judge William J. Zloch on 6/7/2012. (bc) (Entered: 06/07/2012)

June 7, 2012

June 7, 2012

PACER
37

Order on Trial Instructions. Signed by Judge William J. Zloch on 6/7/2012. (bc) (Entered: 06/07/2012)

June 7, 2012

June 7, 2012

PACER
38

RESPONSE to Motion re 32 MOTION TO DISMISS 29 Amended Complaint FOR FAILURE TO STATE A CLAIM filed by A.C., A.R., B.M., C.M., C.V., M.D., T.F., T.H.. Replies due by 6/28/2012. (Dietz, Matthew) (Entered: 06/18/2012)

June 18, 2012

June 18, 2012

PACER
39

RESPONSE to Motion re 30 Defendant's MOTION TO DISMISS 29 Amended Complaint FOR FAILURE TO STATE A CLAIM and Supporting Memorandum of Law filed by A.C., A.R., B.M., C.M., C.V., M.D., T.F., T.H.. Replies due by 6/28/2012. (Dietz, Matthew) (Entered: 06/18/2012)

June 18, 2012

June 18, 2012

PACER
40

MOTION for Protective Order by Elizabeth Dudek. (Attachments: # 1 Text of Proposed Order, # 2 Text of Proposed Order)(Smith, Beverly) (Entered: 06/25/2012)

June 25, 2012

June 25, 2012

PACER
41

ORDER granting 40 Motion for Protective Order. Signed by Judge William J. Zloch on 6/25/2012. (bc) (Entered: 06/25/2012)

June 25, 2012

June 25, 2012

PACER
42

NOTICE by A.C., A.R., B.M., C.M., C.V., M.D., T.F., T.H. NOTICE OF NO AGREEMENT ON SELECTION OF MEDIATOR (Dietz, Matthew) (Entered: 06/26/2012)

June 26, 2012

June 26, 2012

PACER
43

PAPERLESS ORDER denying as moot 14, 15, 19 and 25 Motions to Dismiss for Failure to State a Claim per Plaintiffs' Amended Complaint 29 . Signed by Judge William J. Zloch on 6/26/2012. (bc) (Entered: 06/26/2012)

June 26, 2012

June 26, 2012

PACER
44

RESPONSE/REPLY to 39 Response to Motion, Reply to Plaintiffs' Response to eQHealth's Motion to Dismiss and Supporting Memorandum of Law by eQHealth Solutions, Inc.. (Scoles, Lisa) (Entered: 06/27/2012)

June 27, 2012

June 27, 2012

PACER
45

Statement of: Interest by United States of America (Harrell-James, Veronica) (Entered: 06/28/2012)

June 28, 2012

June 28, 2012

PACER
46

ORDER denying 30 Motion to Dismiss for Failure to State a Claim; denying as moot 31 Motion for Hearing; denying 32 Motion to Dismiss for Failure to State a Claim. Signed by Judge William J. Zloch on 7/17/2012. (bc) (Entered: 07/17/2012)

July 17, 2012

July 17, 2012

RECAP
47

ORDER REASSIGNING CASE to Judge Robin S. Rosenbaum for all further proceedings, Judge William J. Zloch no longer assigned to case Signed by Judge William J. Zloch on 7/17/2012. (mb) (Entered: 07/17/2012)

July 17, 2012

July 17, 2012

PACER
48

Clerk's Appointment of Mediator: Robert D McIntosh added (pt) (Entered: 07/20/2012)

July 20, 2012

July 20, 2012

PACER
49

Amended Scheduling Order and ORDER of REFERRAL to Mediation SCHEDULING ORDER: ( Jury Trial set for 6/17/2013 before Judge Robin S. Rosenbaum., Calendar Call set for 6/13/2013 01:00 PM in Fort Lauderdale Division before Judge Robin S. Rosenbaum., Amended Pleadings due by 8/15/2012., Expert Discovery due by 5/10/2013., Fact Discovery due by 3/26/2013., Joinder of Parties due by 8/15/2012., In Limine Motions due by 6/3/2013., Dispositive Motions due by 4/10/2013., Pretrial Stipulation due by 6/6/2013.) Mediation Deadline 4/15/2013. Signed by Judge Robin S. Rosenbaum on 7/30/2012. (cbr) Modified year of calendar call on 8/1/2012 (wc). (Entered: 07/31/2012)

July 30, 2012

July 30, 2012

PACER
50

ANSWER and Affirmative Defenses to Amended Complaint by eQHealth Solutions, Inc..(Thomas, Harry) (Entered: 07/31/2012)

July 31, 2012

July 31, 2012

PACER
51

NOTICE of Substitution of Counsel by Jennifer Ann Tschetter on behalf of Harry Frank Farmer, Jr., M.D., Kristina Wiggins Associated Cases: 0:12-cv-60460-RSR, 0:12-cv-60461-WJZ (Tschetter, Jennifer) Modified text on 8/1/2012 (ar2). (Entered: 07/31/2012)

July 31, 2012

July 31, 2012

PACER
52

ANSWER and Affirmative Defenses to Amended Complaint by Elizabeth Dudek.(Smith, Beverly) (Entered: 07/31/2012)

July 31, 2012

July 31, 2012

PACER
53

ANSWER and Affirmative Defenses to Amended Complaint by Harry Frank Farmer, Jr., M.D., Kristina Wiggins.(Tschetter, Jennifer) (Entered: 07/31/2012)

July 31, 2012

July 31, 2012

PACER

Attorney Nicholas William Romanello terminated per DE 51 Notice. Notice of Termination delivered by US Mail to Nicholas Romanello. (ar2)

July 31, 2012

July 31, 2012

PACER
54

NOTICE by Elizabeth Dudek Notice of Appearance of Counsel Associated Cases: 0:12-cv-60460-RSR, 0:12-cv-60461-WJZ(Raleigh, Lisa) (Entered: 08/03/2012)

Aug. 3, 2012

Aug. 3, 2012

PACER
55

UNOPPOSED MOTION to Amend 29 Amended Complaint and Enlarge Deadlines by A.C., A.R., B.M., C.M., C.V., M.D., T.F., T.H.. Responses due by 9/4/2012 (Attachments: # 1 Exhibit Second Amended Complaint)(Dietz, Matthew). Added MOTION to Enlarge Deadlines on 8/16/2012 (ar2). (Entered: 08/15/2012)

Aug. 15, 2012

Aug. 15, 2012

PACER
56

Clerks Notice to Filer re 55 Unopposed MOTION to Amend/Correct 29 Amended Complaint and Enlarge Deadlines. Motion with Multiple Reliefs Filed as One Relief; ERROR - The Filer selected only one relief event and failed to select the additional corresponding events for each relief requested in the motion. The docket entry was corrected by the Clerk. It is not necessary to refile this document but future filings must comply with the instructions in the CM/ECF Attorney User's Manual. (ar2) (Entered: 08/16/2012)

Aug. 16, 2012

Aug. 16, 2012

PACER
57

ORDER REQUIRING CLARIFICATION regarding Plaintiffs' Motion to Amend Complaint and Enlarge Deadlines DE 55 . See Order for details. Signed by Judge Robin S. Rosenbaum on 8/17/2012. Associated Cases: 0:12-cv-60460-RSR, 0:12-cv-60461-WJZ (kms) Modified link on 8/21/2012 (tp). (Entered: 08/17/2012)

Aug. 17, 2012

Aug. 17, 2012

PACER
58

RESPONSE to 57 Order and Notice of Scrivener's Error by A.C., A.R., B.M., C.M., C.V., M.D., T.F., T.H.. (Dietz, Matthew) Modified to add missing event [DE 59] Notice (Other) on 8/20/2012 (ar2). (Entered: 08/17/2012)

Aug. 17, 2012

Aug. 17, 2012

PACER
59

NOTICE of Scrivener's Error by A.C., A.R., B.M., C.M., C.V., M.D., T.F., T.H. (See DE 58 for image). (ar2) (Entered: 08/20/2012)

Aug. 17, 2012

Aug. 17, 2012

PACER
60

Clerks Notice to Filer re 59 Notice (Other), 58 Response/Reply (Other). Two or More Document Events Filed as One; ERROR - Only one event was selected by the Filer but more than one event was applicable to the document filed. The docket entry was corrected by the Clerk. It is not necessary to refile this document but in the future, the Filer must select all applicable events. (ar2) (Entered: 08/20/2012)

Aug. 20, 2012

Aug. 20, 2012

PACER
61

ORDER granting 55 Unopposed Motion to Amend Complaint and Enlarge Deadlines. Clerks Notice: Filer must separately re-file the amended pleading pursuant to Local Rule 15.1, unless otherwise ordered by the Judge. Motion for Class Certification due by 10/26/2012, Responses due by 11/16/2012; Interim Status Report due by 1/16/2013. Please see Order for details. Signed by Judge Robin S. Rosenbaum on 8/21/2012. (kms) (Entered: 08/21/2012)

Aug. 21, 2012

Aug. 21, 2012

PACER
62

Second AMENDED COMPLAINT against All Defendants filed in response to Order Granting Motion for Leave, filed by T.F., M.D., A.C., C.V., A.R., C.M., T.H., B.M..(Dietz, Matthew) (Entered: 08/23/2012)

Aug. 23, 2012

Aug. 23, 2012

PACER
63

NOTICE of Attorney Appearance by Michael Garrett Austin on behalf of Elizabeth Dudek, Harry Frank Farmer, Jr., M.D., Kristina Wiggins Associated Cases: 0:12-cv-60460-RSR, 0:12-cv-60461-WJZ(Austin, Michael) (Entered: 08/24/2012)

Aug. 24, 2012

Aug. 24, 2012

PACER
64

ANSWER and Affirmative Defenses to Amended Complaint (Second) by eQHealth Solutions, Inc..(Thomas, Harry) (Entered: 08/31/2012)

Aug. 31, 2012

Aug. 31, 2012

PACER
65

ANSWER and Affirmative Defenses to Amended Complaint by Elizabeth Dudek.Associated Cases: 0:12-cv-60460-RSR, 0:12-cv-60461-WJZ(Austin, Michael) (Entered: 09/06/2012)

Sept. 6, 2012

Sept. 6, 2012

PACER
66

ANSWER and Affirmative Defenses to Amended Complaint by Harry Frank Farmer, Jr., M.D., Kristina Wiggins.Associated Cases: 0:12-cv-60460-RSR, 0:12-cv-60461-WJZ(Austin, Michael) (Entered: 09/06/2012)

Sept. 6, 2012

Sept. 6, 2012

PACER
67

MOTION to Withdraw as Attorney for Defendant eQHealth by Lisa C. Scoles. by eQHealth Solutions, Inc.. Responses due by 9/27/2012 (Scoles, Lisa) (Entered: 09/10/2012)

Sept. 10, 2012

Sept. 10, 2012

PACER
68

PAPERLESS ORDER granting 67 Lisa C. Scoles's Motion to Withdraw as Attorney for Defendant eQHealth Solutions, Inc. Attorneys Harry O. Thomas and Donna E. Blanton will continue to represent Defendant eQHealth in this matter. Attorney Lisa Scoles terminated. Signed by Judge Robin S. Rosenbaum on 9/11/2012. (kms) (Entered: 09/11/2012)

Sept. 11, 2012

Sept. 11, 2012

PACER
69

NOTICE of Attorney Appearance by Thomas Ames Crabb on behalf of eQHealth Solutions, Inc. (Crabb, Thomas) (Entered: 09/28/2012)

Sept. 28, 2012

Sept. 28, 2012

PACER
70

NOTICE of Attorney Appearance by Christopher Brian Lunny on behalf of eQHealth Solutions, Inc. (Lunny, Christopher) (Entered: 10/03/2012)

Oct. 3, 2012

Oct. 3, 2012

PACER
71

NOTICE of Attorney Appearance by Leslei Gayle Street on behalf of Elizabeth Dudek (Street, Leslei) (Entered: 10/05/2012)

Oct. 5, 2012

Oct. 5, 2012

PACER
72

Plaintiff's MOTION for Extension of Time to file answers to interrogatories by A.C., A.R., B.M., C.M., C.V., M.D., T.F., T.H.. Responses due by 10/22/2012 (Dietz, Matthew) (Entered: 10/05/2012)

Oct. 5, 2012

Oct. 5, 2012

PACER
73

MOTION to Withdraw as Attorney by Lisa Raleigh. by Elizabeth Dudek. Responses due by 10/29/2012 Associated Cases: 0:12-cv-60460-RSR, 0:12-cv-60461-WJZ(Raleigh, Lisa) (Entered: 10/10/2012)

Oct. 10, 2012

Oct. 10, 2012

PACER
74

ORDER REFERRING CASE to Ch. Magistrate Judge Barry S. Seltzer for Discovery Proceedings. Please see Order for details. Signed by Judge Robin S. Rosenbaum on 10/11/2012. (kms) (Entered: 10/11/2012)

Oct. 11, 2012

Oct. 11, 2012

PACER
75

PAPERLESS ORDER requiring that on or before noon on October 18, 2012, Defendants Harry Frank Famer and Kristina Wiggins shall file an expedited response to 72 Plaintiff's MOTION for Enlargement of Time to file Answers to Defendants, Harry Frank Farmer and Kristina Wiggins', First Set of Interrogatories. Signed by Ch. Magistrate Judge Barry S. Seltzer on 10/15/2012. (kas) (Entered: 10/15/2012)

Oct. 15, 2012

Oct. 15, 2012

PACER
76

ORDER granting 73 Lisa Raleigh's Motion to Withdraw as Counsel for Defendant Agency for Healthcare Administration. Attorney Lisa Maria Raleigh terminated. Signed by Judge Robin S. Rosenbaum on 10/15/2012. (kms) (Entered: 10/15/2012)

Oct. 15, 2012

Oct. 15, 2012

PACER
77

RESPONSE in Opposition re 72 Plaintiff's MOTION for Extension of Time to file answers to interrogatories filed by Harry Frank Farmer, Jr., M.D., Kristina Wiggins. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B)(Austin, Michael) (Entered: 10/18/2012)

Oct. 18, 2012

Oct. 18, 2012

PACER
78

PAPERLESS ORDER granting in part and denying in part 72 Plaintiffs' Motion for Enlargement of Time to File Answers to Defendant, Harry Frank Farmer and Kristina Wiggins', First Set of Interrogatories. Plaintiff shall have until and including November 2, 2012, to respond to the Interrogatories. Signed by Ch. Magistrate Judge Barry S. Seltzer on 10/18/2012. (kas) (Entered: 10/18/2012)

Oct. 18, 2012

Oct. 18, 2012

PACER
79

Unopposed MOTION for Extension of Time to file Motion for Class Certification by A.C., A.R., B.M., C.M., C.V., M.D., T.F., T.H.. Responses due by 11/13/2012 (Dietz, Matthew) (Entered: 10/24/2012)

Oct. 24, 2012

Oct. 24, 2012

PACER
80

PAPERLESS ORDER granting in part and denying in part 79 Plaintiffs' Unopposed Motion for Enlargement of Time to File Moton for Class Certification. Plaintiffs shall file their Motion for Class Certification by November 27, 2012, and Defendants shall file their response to the Motion for Class Certification by January 11, 2013. Signed by Judge Robin S. Rosenbaum on 10/25/2012. (kms) (Entered: 10/25/2012)

Oct. 25, 2012

Oct. 25, 2012

PACER
81

MOTION to Withdraw as Attorney by Beverly H. Smith. by Elizabeth Dudek. Responses due by 11/19/2012 (Smith, Beverly) (Entered: 11/02/2012)

Nov. 2, 2012

Nov. 2, 2012

PACER
82

Defendant's MOTION for Discovery to Bifurcate and/or Stay Classwide Discovery by Elizabeth Dudek, Harry Frank Farmer, Jr., M.D., Kristina Wiggins. Responses due by 11/19/2012 (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D, # 5 Exhibit Exhibit E, # 6 Exhibit Exhibit F, # 7 Exhibit Exhibit G)(Austin, Michael) (Entered: 11/02/2012)

5

View on RECAP

Nov. 2, 2012

Nov. 2, 2012

PACER
83

PAPERLESS ORDER granting 81 Beverly H. Smith's Motion to Withdraw as counsel for Defendants Elizabeth Dudek and the Agency for Healthcare Administration. Attorney Beverly H Smith terminated Signed by Judge Robin S. Rosenbaum on 11/5/2012. (kms) (Entered: 11/05/2012)

Nov. 5, 2012

Nov. 5, 2012

PACER
84

Defendant's MOTION for Extension of Time to Complete Discovery Responses to Plaintiffs' First Interrogatories by Harry Frank Farmer, Jr., M.D., Kristina Wiggins. (Attachments: # 1 Text of Proposed Order)(Austin, Michael) (Entered: 11/05/2012)

Nov. 5, 2012

Nov. 5, 2012

PACER
85

PAPERLESS ORDER granting 84 Defendant DOH's Motion for Extension of Time to Serve Responses to Plaintiffs' First Interrogatories. Defendant DOH shall have until and including November 15, 2012, to serve responses to Plaintiffs' First Set of Interrogatories. Signed by Ch. Magistrate Judge Barry S. Seltzer on 11/6/2012. (kas) (Entered: 11/06/2012)

Nov. 6, 2012

Nov. 6, 2012

PACER
86

Defendant's MOTION Motion for Cease and Desist Order Regarding Plaintiffs' Improper and Misleading Communications with Putative Class Members by Elizabeth Dudek, Harry Frank Farmer, Jr., M.D., Kristina Wiggins. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C)(Austin, Michael) (Entered: 11/13/2012)

Nov. 13, 2012

Nov. 13, 2012

PACER
87

ORDER Expediting Briefing re 86 Defendant's Motion for Cease and Desist Order Regarding Plaintiffs' Improper and Misleading Communications with Putative Class Members. Plaintiffs' response to the Motion is due by November 23, 2012. Signed by Judge Robin S. Rosenbaum on 11/16/2012. (kms) (Entered: 11/16/2012)

Nov. 16, 2012

Nov. 16, 2012

PACER

Reset Deadlines as to 86 Defendant's MOTION Motion for Cease and Desist Order Regarding Plaintiffs' Improper and Misleading Communications with Putative Class Members . Responses due by 11/23/2012 (tp)

Nov. 16, 2012

Nov. 16, 2012

PACER
88

Unopposed MOTION for Extension of Time to File Response/Reply as to 82 Defendant's MOTION for Discovery to Bifurcate and/or Stay Classwide Discovery by A.C., A.R., B.M., C.M., C.V., M.D., T.F., T.H.. (Dietz, Matthew) (Entered: 11/19/2012)

Nov. 19, 2012

Nov. 19, 2012

PACER
89

PAPERLESS ORDER granting 88 Plaintiff's Unopposed Motion for Extension of Time to File Response re 82 Defendant's MOTION to Bifurcate and/or Stay Classwide Discovery. Plaintiff's Response is due by 11/20/2012. Signed by Judge Robin S. Rosenbaum on 11/19/2012. (kms) (Entered: 11/19/2012)

Nov. 19, 2012

Nov. 19, 2012

PACER
90

RESPONSE to Motion re 82 Defendant's MOTION for Discovery to Bifurcate and/or Stay Classwide Discovery filed by A.C., A.R., B.M., C.M., C.V., M.D., T.F., T.H.. Replies due by 11/30/2012. (Dietz, Matthew) (Entered: 11/20/2012)

Nov. 20, 2012

Nov. 20, 2012

PACER
91

Plaintiff's MOTION for Leave to File Excess Pages on Plaintiffs' Motion and Memorandum for Class Certification by A.C., A.R., B.M., C.M., C.V., M.D., T.F., T.H.. (Attachments: # 1 Text of Proposed Order)(Dietz, Matthew) (Entered: 11/20/2012)

Nov. 20, 2012

Nov. 20, 2012

PACER
92

PAPERLESS ORDER granting 91 Plaintiffs' Unopposed Motion for Leave to Exceed Page Limit on Plaintiffs' Motion and Memorandum for Class Certification. Plaintiffs shall be permitted to file a Motion for Class Certification that is 40 pages in length. Signed by Judge Robin S. Rosenbaum on 11/21/2012. (kms) (Entered: 11/21/2012)

Nov. 21, 2012

Nov. 21, 2012

PACER
93

RESPONSE in Opposition re (86 in 0:12-cv-60460-RSR) Defendant's MOTION Motion for Cease and Desist Order Regarding Plaintiffs' Improper and Misleading Communications with Putative Class Members filed by A.C., A.R., B.M., C.M., C.V., M.D., T.F., T.H.. (Attachments: # 1 Exhibit Exhibit A)Associated Cases: 0:12-cv-60460-RSR, 0:12-cv-60461-WJZ(Ito, Jamie) (Entered: 11/23/2012)

Nov. 23, 2012

Nov. 23, 2012

PACER
94

ORDER granting in part and denying in part 82 Defendants' Motion to Bifurcate Discovery and/or Motion to Stay Classwide Discovery. Please see Order for details. Signed by Judge Robin S. Rosenbaum on 11/26/2012. (kms) (Entered: 11/26/2012)

Nov. 26, 2012

Nov. 26, 2012

PACER
95

Plaintiff's MOTION to Certify Class - Plaintiffs' Motion for Class Certification and Incorporated Memorandum of Law by A.C., A.R., B.M., C.M., C.V., M.D., T.F., T.H.. Responses due by 12/14/2012 (Attachments: # 1 Exhibit, # 2 Exhibit)(Dietz, Matthew) (Entered: 11/27/2012)

1 Exhibit

View on RECAP

2 Exhibit

View on RECAP

Nov. 27, 2012

Nov. 27, 2012

PACER
96

NOTICE by A.C., A.R., B.M., C.M., C.V., M.D., T.F., T.H. re 95 Plaintiff's MOTION to Certify Class - Plaintiffs' Motion for Class Certification and Incorporated Memorandum of Law NOTICE OF FILING EXHIBITS IN SUPPORT OF MOTION FOR CLASS CERTIFICATION (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, # 19 Exhibit, # 20 Exhibit, # 21 Exhibit, # 22 Exhibit, # 23 Exhibit, # 24 Exhibit, # 25 Exhibit, # 26 Exhibit, # 27 Exhibit, # 28 Exhibit, # 29 Exhibit, # 30 Exhibit, # 31 Exhibit, # 32 Exhibit, # 33 Exhibit, # 34 Exhibit, # 35 Exhibit, # 36 Exhibit, # 37 Exhibit, # 38 Exhibit, # 39 Exhibit, # 40 Exhibit, # 41 Exhibit, # 42 Exhibit)(Dietz, Matthew) (Entered: 11/27/2012)

Nov. 27, 2012

Nov. 27, 2012

PACER
97

Unopposed MOTION for Extension of Time UNOPPOSED TO FILE REPLY BRIEF re 93 Response in Opposition to Motion, by Elizabeth Dudek, Harry Frank Farmer, Jr., M.D., Kristina Wiggins. Responses due by 12/17/2012 (Attachments: # 1 Text of Proposed Order)(Austin, Michael) (Entered: 11/30/2012)

Nov. 30, 2012

Nov. 30, 2012

PACER
98

PAPERLESS ORDER granting 97 Defendants' Unopposed Motion for Extension of Time to File Reply Brief in Support of Motion for Cease and Desist Order. The reply is now due on 12/4/12. Signed by Judge Robin S. Rosenbaum on 12/3/2012. (kms) (Entered: 12/03/2012)

Dec. 3, 2012

Dec. 3, 2012

PACER

Case Details

State / Territory: Florida

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Olmstead Cases

Post-WalMart decisions on class certification

Multi-LexSum (in sample)

Key Dates

Filing Date: March 13, 2012

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Initial: Medically fragile children or children who need skilled care services. Subclasses: Institutionalized children in nursing facilities; at-risk children at home, but as risk of institutionalization. Consolidated Plaintiffs: United State of America

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

U.S. Dept. of Justice Civil Rights Division

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

eQHealth Solutions, None

Florida Department of Health, State

Agency for Health Care Administration (Tallahassee), State

Defendant Type(s):

Jurisdiction-wide

Hospital/Health Department

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)

Any published opinion

Outcome

Prevailing Party: Mixed

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General:

Access to public accommodations - governmental

Classification / placement

Deinstitutionalization/decarceration

Family reunification

Government services

Habilitation (training/treatment)

Individualized planning

Juveniles

Pattern or Practice

Placement in mental health facilities

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

Reasonable Accommodations

Reasonable Modifications

Reassessment and care planning

Relative caretakers

Staff (number, training, qualifications, wages)

Discrimination-basis:

Disability (inc. reasonable accommodations)

Affected Gender:

Female

Male

Disability:

Integrated setting

Least restrictive environment

Mental impairment

Mobility impairment

Mental Disability:

Brain injury

Cerebral palsy

Intellectual/developmental disability, unspecified

Medical/Mental Health:

Intellectual/Developmental Disability

Medical care, general

Type of Facility:

Government-run

Benefit Source:

Medicaid