Case: Troupe v. Barbour

3:10-cv-00153 | U.S. District Court for the Southern District of Mississippi

Filed Date: March 30, 2010

Closed Date: June 30, 2017

Clearinghouse coding complete

Case Summary

On March 30th, 2010, four Medicaid-eligible children of Mississippi with behavioral or emotional disorders filed a class action lawsuit in the United States District Court for the Southern District of Mississippi, under the Medicaid Act, 42 U.S.C. § 1396d et seq., the Americans with Disabilities Act (ADA), and Section 504 of the Rehabilitation Act against the Mississippi Department of Mental Health (the Department) and the Mississippi Division of Medicaid.The Complaint alleged that the State of…

On March 30th, 2010, four Medicaid-eligible children of Mississippi with behavioral or emotional disorders filed a class action lawsuit in the United States District Court for the Southern District of Mississippi, under the Medicaid Act, 42 U.S.C. § 1396d et seq., the Americans with Disabilities Act (ADA), and Section 504 of the Rehabilitation Act against the Mississippi Department of Mental Health (the Department) and the Mississippi Division of Medicaid.

The Complaint alleged that the State of Mississippi failed to meet the needs of and discriminated against children with mental illnesses. Plaintiffs claimed that they were unlawfully separated from their families and forced to cycle through institutions that failed to provide adequate services. They further alleged that the state failed to provide federally mandated and medically necessary home and community-based mental health services. Represented by the Southern Poverty Law Center, the Bazelon Center for Mental Health Law, and private counsel, the plaintiffs requested a preliminary and permanent injunction.

Children's Rights Inc., counsel for plaintiffs in the child welfare case, Olivia Y. v. Barbour (in the Clearinghouse as CW-MS-0001) filed a motion for those plaintiffs to intervene in this case. Olivia Y., which pertains to foster care, was already settled and in the implementation phase. On September 30th, 2011, the court denied intervention. Judge Henry Wingate held that the interests of Olivia Y.'s plaintiffs were not substantially impacted by the outcome of the instant case. 2011 WL 4590790 (S.D. Miss. Sept. 30, 2011).

On April 8, 2011, the U.S. Department of Justice (DOJ) entered an appearance as an amicus curiae. On December 22, 2011, the DOJ wrote a letter to the court reporting its investigative findings related to the suit. The letter supported plaintiff's claims that the mental health services being offered by the state were grossly inadequate. It concluded the state was in violation of the ADA, the EPSDT (Early and Periodic Screening, Diagnostic, and Treatment) provisions of the Medicaid Act, and other federal statutes by not providing services to individuals with mental illness and/or developmental disabilities in the most integrated setting. The letter concluded that if Mississippi declined to enter into voluntary compliance negotiations, or if negotiations were unsuccessful, the United States might take action, including initiating a lawsuit. Plaintiffs submitted notice of these findings to the Court on February 27, 2012.

On August 23, 2013, Magistrate Judge Michael T. Parker issued a document entitled Report and Recommendations, in which he recommended that the Court grant defendant’s motion to dismiss the allegation that the defendants violated 42 U.S.C. § 1396a(a)(43) by failing to affirmatively provide EPSDT services to Plaintiffs, and grant the plaintiff’s motion to lift the stay on discovery so that the Court can schedule a case management conference. Magistrate Judge Parker concluded that the plaintiffs failed to state a claim in the first instance because 42 U.S.C. § 1396a(a)(43) required only that defendants provide notice of the availability of EPSDT services, provide for or arrange screening services where requested, and then arrange for treatment either directly through Medicaid or a third party. As a result, Judge Parker found that the statute did not require defendants to seek out parties who were eligible as the plaintiffs had alleged, but only required that defendants provided services after they were requested. 2013 WL 12303126.

Plaintiffs objected to the magistrate judge's recommendations on September 6, 2013. The parties continued to respond to each other regarding this objection. Following the letter from the DOJ, the parties entered into negotiations. On August 29, 2014, the DOJ and the State reached an agreement addressing remedial measures the State would implement in response to the DOJ’s and the plaintiffs’ claims. As part of the agreement, Mississippi retained the Technical Assistance Collaborative (“TAC”) to provide assessments of permanent supportive housing for the mentally handicapped and assessments of Mississippi’s existing mental health services. TAC recorded its findings in the March 2015 TAC Report.

On April 24, 2015, defendants filed a motion for a protective order in response to a complaint to compel public access to records by Gannett River States Publishing Corporation d/b/a The Clarion-Ledger. The complaint alleged that the TAC Report should be made public because it was paid for with taxpayer money, it was the understanding of the organizations and families who participated in the assessment for the TAC Report that the TAC Report would be public, and the “exemptions” and/or “privileges” asserted by the Department of Mental Health to keep the report private were inapplicable.

Magistrate Judge Parker approved the agreed protective order on May 6, 2015 based on the confidential nature of the settlement negotiations, of which the TAC report was a part. The order stated that statements made and documents generated or exchanged by one of the parties to the negotiations or the TAC in the course of the settlement negotiations should not be disclosed by any of the parties to the negotiations to anyone who is not a party, counsel, or expert participating in the negotiations. Additionally, the order provided that counsel for defendants should provide plaintiffs' counsel with a copy of the March 2015 TAC Mississippi Children’s Behavioral Health Needs Assessment.

On June 24, 2015, in response to the agreed protective order, Gannett River States Publishing Corporation d/b/a The Clarion-Ledger filed a motion to intervene and to vacate the protective order. The Clarion-Ledger claimed that it was well-established that they may intervene for the limited purpose of challenging the protective order and that the protective order should be vacated because the Department failed to show good cause as to why the TAC Report must be protected from public disclosure.

On August 28, 2015, Judge Parker issued an order granting in part and denying in part The Clarion-Ledger’s motions. 2015 WL 5097209. Judge Parker granted the motion to intervene because the motion was timely, The Clarion-Ledger had an interest in the matter, the disposition of this action could impair The Clarion Ledger’s ability to protect its interest, and the existing parties to the suit inadequately represented its interest. Judge Parker denied the motion to vacate because the TAC Report was part of a mediation or settlement conference, making it confidential and not subject to disclosure.

The parties continued negotiating, but reached an impasse. Accordingly, on December 17, 2015, plaintiffs filed a Notice of Termination of Settlement Negotiations between the plaintiffs and the DOJ and the defendants and requested a scheduling conference. The Notice asked for decisions to be rendered on outstanding motions, which included defendant's motion to dismiss, plaintiff's motion for class certification, and plaintiff's motion to lift the stay of discovery (Docket Nos. 15, 29, and 56). It also requested a case management conference with respect to Count II, plaintiffs’ ADA claim. The same day, Judge Parker stated that an order was forthcoming on those motions and that the Court would hold in abeyance the motion for class certification.

There was little movement in the case in the subsequent months. On May 25, 2016, plaintiffs filed a motion for resolution of the pending motions. On July 12, they moved the court to transfer the case to Judge Tom Lee, who was adjudicating a similar case, Olivia Y. v. Barbour. On August 3, the Clarion Ledger, a local newspaper, filed a motion to vacate the protective order preventing it from accessing the TAC Report, arguing that since settlement negotiations had ceased, the public interest in accessing the report now outweighed the parties' interest in resolving the matter.

On October 9, Judge Wingate granted plaintiffs' motion for resolution of the pending motions. On October 19, Judge Parker denied the Clarion Ledger's motion to vacate the protective order on the TAC Report. 2016 WL 6106479. On October 24, 2016, District Judge Henry T. Wingate denied plaintiffs' motion to transfer the case, finding that the Olivia Y. case was not active and ongoing, so transfer was inappropriate.

On November 7, 2016, more than three years after Magistrate Judge Parker filed his Report and Recommendations regarding defendants' Motion to Dismiss Count One of the Complaint - which alleged that the defendants violated 42 U.S.C. § 1396a(a)(43) by failing to affirmatively provide EPSDT services to Plaintiffs - Judge Wingate adopted the findings in the Report and granted the Motion to Dismiss Count One. Judge Wingate agreed with Judge Parker that plaintiffs had an affirmative duty to request EPSDT services. Judge Wingate also lifted the stay on discovery on that day, allowing the discovery process to move forward.

On December 6, 2016, the court consolidated this case with United States v. Mississippi. 2016 WL 7650605. In that case, the U.S. alleged that Mississippi discriminated against adults with mental illness in a way that resulted in unnecessary institutionalization.

On December 7, 2016, plaintiffs withdrew their motion for class certification, which had never been decided by the court.

On January 13, 2017, three of the four plaintiffs in the case, J.B., L.P., AND L.M., moved to voluntarily dismiss their claims since they had all turned 21 and aged out of the State's mental health system for children. The court granted this motion on March 19, 2017, leaving only one plaintiff in the case.

Also on January 13, 2017, the remaining plaintiff, L.S., moved to amend the complaint due to the decision to no longer seek class certification and other changes that had occurred over the six years since litigation commenced. On April 14, the court granted in part the plaintiff's motion to amend the complaint. However, since the EPSDT claim from the original Complaint had been dismissed, the court precluded the plaintiff from resurrecting this claim.

On April 24, 2017, L.S. filed an Amended Complaint. The Amended Complaint alleged that the State had failed to provide L.S., who had both developmental disabilities and mental illness, with services in the most integrated setting appropriate and had unnecessarily institutionalized him. Plaintiff confined his claims to the ADA and Section 504. He sought declaratory and injunctive relief and attorneys' fees and costs.

Over the next two months, the parties conferred and were able to reach a settlement agreement. On June 29, 2017, the parties jointly moved to dismiss the Amended Complaint and filed the Settlement Agreement with the court. The Agreement provided as follows: 1) Within 21 days of the execution of the agreement, the State would remove L.S. from East Mississippi State Hospital to an intermediate care home, where he would receive a variety of services. He would also be enrolled in the ID/DD Waiver Program, and would receive person-centered planning to determine and coordinate his services according to his needs. Defendants agreed to pay $7,500 in attorney's fees to L.S.'s attorney. Finally, the Agreement gave the court jurisdiction to enforce its terms until L.S.'s enrollment in the Waiver Program or nine months until he transitioned into the intermediate care facility, whichever came earlier.

On June 30, 2017, the court issued a Final Judgment dismissing the case with prejudice and incorporating into the Judgment the terms of the Settlement Agreement. As of June 2018, there has been no further activity, and the case now appears closed.

Summary Authors

Ariana Fink (12/12/2012)

Frances Hollander (4/2/2016)

Lauren Latterell Powell (1/6/2018)

Clearinghouse (6/4/2018)

Related Cases

Olivia Y. v. Barbour, Southern District of Mississippi (2004)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4302011/parties/troupe-v-barbour/


Judge(s)

Parker, Michael T. (Mississippi)

Wingate, Henry Travillion (Mississippi)

Attorneys(s) for Plaintiff

Bedi, Sheila A. (Mississippi)

Burnim, Ira Abraham (District of Columbia)

Canter, Joseph A. (Mississippi)

Carroll, Vanessa (Mississippi)

Garvin, Naima (New York)

Johnson, Elissa F (Mississippi)

Katzerman, Jerri (Alabama)

Khan, Juviara (New York)

Judge(s)

Parker, Michael T. (Mississippi)

Wingate, Henry Travillion (Mississippi)

Attorneys(s) for Plaintiff

Bedi, Sheila A. (Mississippi)

Burnim, Ira Abraham (District of Columbia)

Canter, Joseph A. (Mississippi)

Carroll, Vanessa (Mississippi)

Garvin, Naima (New York)

Johnson, Elissa F (Mississippi)

Katzerman, Jerri (Alabama)

Khan, Juviara (New York)

McCarthy, Brooke L. (Mississippi)

McDuff, Robert B. (Mississippi)

Owens, Jody E. II (Mississippi)

Renner, Deborah H. (New York)

Tanney, Michelle (New York)

Wang, Ona (New York)

Wright, Lydia (Mississippi)

Attorneys(s) for Defendant

Anderson, Reuben V. (Mississippi)

Carner, Graham P. (Mississippi)

Edwards, Arthur Martin IV (Mississippi)

Mayer, Robert Gregg (Mississippi)

Minor, Wilson D. (Mississippi)

Pizzetta, Harold Edward III (Mississippi)

Shelson, James W. (Mississippi)

Shurden, Shawn Stephen (Mississippi)

Siler, William T. Jr. (Mississippi)

Woods, Mary Jo (Mississippi)

Other Attorney(s)

Bailey, Regan (Washington)

Davis, Gregory R. (Mississippi)

Drinkwater, W. Wayne Jr. (Mississippi)

Fox, Deena (District of Columbia)

Jernigan, Alfred B. Jr. (Mississippi)

Kelley, Elizabeth (District of Columbia)

Nothenberg, Shirim (New York)

Paige, Mitzi Dease (Mississippi)

Polansky, Jessica E. (New York)

Preston, Judy C. (District of Columbia)

Raish, Anne (District of Columbia)

Samuels, Jocelyn (District of Columbia)

Smith, Jonathan Mark (District of Columbia)

Wilson, Ryan C (District of Columbia)

Expert/Monitor/Master

Perez, Thomas E. (District of Columbia)

Documents in the Clearinghouse

Document

3:10-cv-00153

Docket [PACER]

June 30, 2017

June 30, 2017

Docket
1

3:10-cv-00153

Complaint for Injunctive and Declaratory Relief

March 10, 2010

March 10, 2010

Complaint
46

3:10-cv-00153

Findings of Fact and Conclusions of Law Regarding Olivia Y. Plaintiffs' Motion to Intervene

Troupe v . Barbour

Sept. 30, 2011

Sept. 30, 2011

Order/Opinion
48-1

3:10-cv-00153

Re: United States' Investigation of the State of Mississippi's Service System for Persons with Mental Illness and Developmental Disabilities

Dec. 22, 2011

Dec. 22, 2011

Findings Letter/Report
48

3:10-cv-00153

Plaintiff's Notice of Findings of the United States' Investigation of the State of Mississippi's Service System for Persons With Mental Illness and Developmental Disabilities

Feb. 27, 2012

Feb. 27, 2012

Findings Letter/Report
55

3:10-cv-00153

Report and Recommendations

Aug. 23, 2013

Aug. 23, 2013

Magistrate Report/Recommendation
57

3:10-cv-00153

Department of Justice Statement of Interest

J.B., L.P., L.M., and L.S., by and through their next friends v. Bryant

Sept. 6, 2013

Sept. 6, 2013

Pleading / Motion / Brief
68

3:10-cv-00153

Motion for Protective Order

April 24, 2015

April 24, 2015

Pleading / Motion / Brief
70

3:10-cv-00153

Agreed Protective Order

May 6, 2015

May 6, 2015

Order/Opinion
77

3:10-cv-00153

Order

Aug. 28, 2015

Aug. 28, 2015

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4302011/troupe-v-barbour/

Last updated Aug. 28, 2022, 3:03 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT for Injunctive and Declaratory Judgment against Haley Barbour, Robert L. Robinson, Patricia Ainsworth, Edwin C. Legrand ( Filing fee $ 350 receipt number 34643002225), filed by Mary Troupe, Trasie Howard, Sheila Davis. (Attachments: # 1 Civil Cover Sheet)(cwl) (Entered: 03/10/2010)

2 Civil Cover Sheet

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March 10, 2010

March 10, 2010

RECAP
2

MOTION to Certify Class by Mary Troupe, Trasie Howard, Sheila Davis (cwl) (Entered: 03/10/2010)

March 10, 2010

March 10, 2010

PACER
3

MEMORANDUM in Support re 2 MOTION to Certify Class filed by Mary Troupe, Trasie Howard, Sheila Davis (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(cwl) (Entered: 03/10/2010)

2 Exhibit 1

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3 Exhibit 2

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March 10, 2010

March 10, 2010

PACER
4

Summons Issued as to Defendants C/O Harold Pizzetta. (ND) (Entered: 03/16/2010)

March 16, 2010

March 16, 2010

PACER

Order on Motion for Extension of Time to Answer

March 26, 2010

March 26, 2010

PACER
5

MOTION for Extension of Time to File Answer by Haley Barbour, Robert L. Robinson, Patricia Ainsworth, Edwin C. Legrand (Shurden, Shawn) (Entered: 03/26/2010)

March 26, 2010

March 26, 2010

PACER

TEXT ONLY ORDER granting 5 Motion for Extension of Time to Answer re 1 Complaint. Haley Barbour answer due 4/26/2010; Robert L. Robinson answer due 4/26/2010; Patricia Ainsworth answer due 4/26/2010; Edwin C. Legrand answer due 4/26/2010. Signed by Magistrate Judge Linda R. Anderson on 3/26/2010. No further written order will issue. (WG)

March 26, 2010

March 26, 2010

PACER
6

ANSWER to 1 Complaint, by Haley Barbour, Robert L. Robinson, Patricia Ainsworth, Edwin C. Legrand.(Woods, Mary) (Entered: 04/23/2010)

April 23, 2010

April 23, 2010

PACER
7

Rule 16(a) Initial Order Telephonic Case Management Conference set for 6/22/2010 11:00 AM before Magistrate Judge Linda R. Anderson (WG) (Entered: 04/26/2010)

April 26, 2010

April 26, 2010

PACER
8

MOTION to Intervene by Olivia Y. Plaintiffs (Nothenberg - PHV, Shirim) (Entered: 04/28/2010)

April 28, 2010

April 28, 2010

RECAP
9

MOTION to Intervene Memorandum in Support of Motion to Intervene by Olivia Y. Plaintiffs (Attachments: # 1 Exhibit A - Olivia Y. Amended Complaint, # 2 Exhibit B - Olivia Y. Settlement Agreement, # 3 Exhibit C - Olivia Y. Second Year Implementation Plan, # 4 Exhibit D - J.B. Complaint)(Nothenberg - PHV, Shirim) (Entered: 04/28/2010)

2 Exhibit A - Olivia Y. Amended Complaint

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3 Exhibit B - Olivia Y. Settlement Agreement

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4 Exhibit C - Olivia Y. Second Year Implementation Plan

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5 Exhibit D - J.B. Complaint

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April 28, 2010

April 28, 2010

PACER

DOCKET ANNOTATION as to # 9 wrong event used, re MOTION to Intervene Memorandum in Support of Motion to Intervene by Olivia Y. Attorney is advised to refile the document using the event "Memorandum in Support of Motion" which is located under the category Responses and Replies. Motion 9 termed. (cwl)

April 29, 2010

April 29, 2010

PACER

Docket Annotation

April 29, 2010

April 29, 2010

PACER
10

MEMORANDUM in Support re 8 MOTION to Intervene filed by Olivia Y. Plaintiffs (Attachments: # 1 Exhibit A - Olivia Y. Amended Complaint, # 2 Exhibit B - Olivia Y. Settlement Agreement and Reform Plan, # 3 Exhibit C - Second Year Implementation Plan, # 4 Exhibit D - J.B. Complaint)(Nothenberg - PHV, Shirim) (Entered: 04/29/2010)

2 Exhibit A - Olivia Y. Amended Complaint

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3 Exhibit B - Olivia Y. Settlement Agreement and Reform Plan

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4 Exhibit C - Second Year Implementation Plan

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5 Exhibit D - J.B. Complaint

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April 29, 2010

April 29, 2010

PACER
11

NOTICE of Appearance by Robert B. McDuff on behalf of all plaintiffs (McDuff, Robert) (Entered: 05/07/2010)

May 7, 2010

May 7, 2010

PACER
12

Joint MOTION for Extension of Time to File Response/Reply as to 8 MOTION to Intervene, 10 Memorandum in Support of Motion, by Mary Troupe, Trasie Howard, Sheila Davis (Juneja, Poonam) (Entered: 05/14/2010)

May 14, 2010

May 14, 2010

PACER

TEXT ONLY ORDER granting 12 Joint Motion for Extension of Time to File Response/Reply re 8 MOTION to Intervene. Responses due by 5/28/2010. Replies due by 6/11/2010. Signed by Magistrate Judge Linda R. Anderson on 5/17/2010. NO FURTHER WRITTEN ORDER WILL BE ISSUED. (WG)

May 17, 2010

May 17, 2010

PACER

Order on Motion for Extension of Time to File Response/Reply

May 17, 2010

May 17, 2010

PACER
13

MOTION for Transfer by Mary Troupe, Trasie Howard, Sheila Davis (McDuff, Robert) (Entered: 05/17/2010)

May 17, 2010

May 17, 2010

RECAP
14

MOTION for Extension of Time to File Response/Reply as to 8 MOTION to Intervene by Haley Barbour, Robert L. Robinson, Patricia Ainsworth, Edwin C. Legrand (Pizzetta, Harold) (Entered: 05/26/2010)

May 26, 2010

May 26, 2010

PACER

TEXT-ONLY ORDER granting 14 Unopposed Motion for Extension of Time to File Response/Reply re 8 MOTION to Intervene. Replies due by 6/30/2010. Signed by Magistrate Judge Linda R. Anderson on 5/27/2010. No further written order will be issued. (WG)

May 27, 2010

May 27, 2010

PACER

Order on Motion for Extension of Time to File Response/Reply

May 27, 2010

May 27, 2010

PACER
15

MOTION to Dismiss or, MOTION for Judgment on the Pleadings by Haley Barbour, Robert L. Robinson (Attachments: # 1 Exhibit Exhibit 1 - MYPAC admission and Freedom of Choice forms for L.S.; Exhibit 2 - MYPAC Freedom of Choice form for L.P.; Exhibit 3 - MYPAC information sheet)(Shurden, Shawn) (Entered: 05/27/2010)

2 Exhibit Exhibit 1 - MYPAC admission and Freedom of Choice forms for L.S.; Exhibi

View on RECAP

May 27, 2010

May 27, 2010

RECAP
16

MOTION for Leave to File Excess Pages by Haley Barbour, Robert L. Robinson (Shurden, Shawn) (Entered: 05/27/2010)

May 27, 2010

May 27, 2010

PACER
17

MEMORANDUM in Support re 15 MOTION to Dismiss or MOTION for Judgment on the Pleadings filed by Haley Barbour, Robert L. Robinson (Shurden, Shawn) (Entered: 05/27/2010)

May 27, 2010

May 27, 2010

RECAP
18

MEMORANDUM IN OPPOSITION re 8 MOTION to Intervene, 10 Memorandum in Support of Motion, 9 MOTION to Intervene Memorandum in Support of Motion to Intervene filed by Mary Troupe, Trasie Howard, Sheila Davis (Carroll, Vanessa) (Entered: 05/27/2010)

May 27, 2010

May 27, 2010

PACER
19

ORDER STAYING DISCOVERY pending a ruling on the Motion to Dismiss and cancelling telephonic case management conference. Signed by Magistrate Judge Linda R. Anderson on 5/27/2010. (WG) (Entered: 05/27/2010)

May 27, 2010

May 27, 2010

PACER
20

RESPONSE in Opposition re 13 MOTION Motion for Transfer filed by Haley Barbour, Robert L. Robinson, Patricia Ainsworth, Edwin C. Legrand (Attachments: # 1 Exhibit Complaint for Injunctive and Declaratory Relief in Civil Action No. 3:04cv251, # 2 Exhibit Complaint for Injunctive and Declaratory Relief in Civil Action No. 3:04cv251 (continued))(Shurden, Shawn) (Entered: 05/28/2010)

1 Exhibit Complaint for Injunctive and Declaratory Relief in Civil Action No. 3:04

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2 Exhibit Complaint for Injunctive and Declaratory Relief in Civil Action No. 3:04

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May 28, 2010

May 28, 2010

PACER
21

Unopposed MOTION for Extension of Time to File Response/Reply as to 17 Memorandum in Support of Motion, 15 MOTION to Dismiss or MOTION for Judgment on the Pleadings by Sheila Davis, Trasie Howard, Mary Troupe (Carroll, Vanessa) (Entered: 06/08/2010)

June 8, 2010

June 8, 2010

PACER

TEXT-ONLY ORDER granting 21 Motion for Extension of Time to File Response/Reply re 15 MOTION to Dismiss or MOTION for Judgment on the Pleadings. Responses due by 6/22/2010. Signed by Magistrate Judge Linda R. Anderson on 6/9/2010. No further written order will issue. (WG)

June 9, 2010

June 9, 2010

PACER

Order on Motion for Extension of Time to File Response/Reply

June 9, 2010

June 9, 2010

PACER
22

MEMORANDUM in Opposition re 8 MOTION to Intervene filed by Patricia Ainsworth, Haley Barbour, Edwin C. Legrand, Robert L. Robinson (Woods, Mary) (Entered: 06/14/2010)

June 14, 2010

June 14, 2010

PACER

Pro Hac Vice fee paid

June 17, 2010

June 17, 2010

PACER
23

MOTION for Ira A. Burnim to Appear Pro Hac Vice by Sheila Davis, Trasie Howard, Mary Troupe (Attachments: # 1 Certificate of Good Standing)(cwl) (Entered: 06/17/2010)

1 Certificate of Good Standing

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June 17, 2010

June 17, 2010

PACER

Pro Hac Vice fee paid by (Ira A. Burnim) $ 100, receipt number 34643003858 (cwl)

June 17, 2010

June 17, 2010

PACER

TEXT-ONLY ORDER granting 23 Motion to Appear Pro Hac Vice of IRA A. BURNIM as co-counsel herein. Signed by Magistrate Judge Linda R. Anderson on 6/18/10. NO FURTHER WRITTEN ORDER WILL BE ISSUED. (WG)

June 18, 2010

June 18, 2010

PACER

Order on Motion to Appear Pro Hac Vice

June 18, 2010

June 18, 2010

PACER
24

MEMORANDUM in Opposition re 15 MOTION to Dismiss or MOTION for Judgment on the Pleadings filed by Sheila Davis, Trasie Howard, Mary Troupe (Carroll, Vanessa) (Entered: 06/22/2010)

June 22, 2010

June 22, 2010

PACER
25

Unopposed MOTION for Extension of Time to File Response/Reply as to 24 Memorandum in Opposition to Motion by Haley Barbour, Robert L. Robinson (Shurden, Shawn) (Entered: 06/28/2010)

June 28, 2010

June 28, 2010

PACER
26

ORDER granting 25 unopposed Motion for Extension of Time to File Response/Reply re 15 MOTION to Dismiss or MOTION for Judgment on the Pleadings. Replies due by 7/6/2010. Signed by Magistrate Judge Linda R. Anderson on 6/28/2010. (WG) (Entered: 06/28/2010)

June 28, 2010

June 28, 2010

PACER
27

REPLY to Response to Motion re 18 Memorandum in Opposition, 22 Memorandum in Opposition to Motion to Intervene filed by Olivia Y. Plaintiffs (Nothenberg - PHV, Shirim) (Entered: 06/30/2010)

June 30, 2010

June 30, 2010

PACER
28

Rebuttal re 24 Memorandum in Opposition to Motion to Dismiss filed by Haley Barbour, Robert L. Robinson (Attachments: # 1 Exhibit Compilation of the Social Security Laws, # 2 Exhibit MYPAC Initial Screening Sheet)(Shurden, Shawn) (Entered: 07/06/2010)

1 Exhibit Compilation of the Social Security Laws

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2 Exhibit MYPAC Initial Screening Sheet

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July 6, 2010

July 6, 2010

PACER
29

MOTION Lift Stay of Discovery and Proceed with Case Management Conference by Sheila Davis, Trasie Howard, Mary Troupe (Carroll, Vanessa) (Entered: 07/16/2010)

July 16, 2010

July 16, 2010

RECAP
30

MEMORANDUM in Support re 29 MOTION Lift Stay of Discovery and Proceed with Case Management Conference filed by Sheila Davis, Trasie Howard, Mary Troupe (Carroll, Vanessa) (Entered: 07/16/2010)

July 16, 2010

July 16, 2010

PACER
31

NOTICE of Hearing on Motion 15 MOTION to Dismiss or MOTION for Judgment on the Pleadings, 29 MOTION Lift Stay of Discovery and Proceed with Case Management Conference, 16 MOTION for Leave to File Excess Pages, 2 MOTION to Certify Class, 13 MOTION Motion for Transfer, 8 MOTION to Intervene : Motion Hearing set for 8/10/2010 09:00 AM in Courtroom 1 (Jackson) before District Judge Henry T. Wingate (TRS) (Entered: 07/20/2010)

July 20, 2010

July 20, 2010

PACER
32

MOTION for Shirim Nothenberg to Appear Pro Hac Vice by Olivia Y. Plaintiffs (Attachments: # 1 Exhibit Certificate of Good Standing)(Drinkwater, W.) (Entered: 07/23/2010)

1 Exhibit Certificate of Good Standing

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July 23, 2010

July 23, 2010

PACER
33

MOTION for Jessica Polansky to Appear Pro Hac Vice by Olivia Y. Plaintiffs (Attachments: # 1 Exhibit Certificate of Good Standing)(Drinkwater, W.) (Entered: 07/23/2010)

1 Exhibit Certificate of Good Standing

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July 23, 2010

July 23, 2010

PACER

Pro Hac Vice fee paid by (Shirim Nothenberg) $ 100, receipt number 34643004451 (cwl)

July 27, 2010

July 27, 2010

PACER

Pro Hac Vice fee paid by (Jessica Polansky) $ 100, receipt number 34643004450 (cwl)

July 27, 2010

July 27, 2010

PACER

Pro Hac Vice fee paid

July 27, 2010

July 27, 2010

PACER

TEXT-ONLY ORDER granting 32 Motion to Appear Pro Hac Vice of SHIRIM NOTHENBERG and granting 33 Motion to Appear Pro Hac Vice of JESSICA POLANSKY as co-counsel herein. Signed by Magistrate Judge Linda R. Anderson on 7/28/2010. NO FURTHER WRITTEN ORDER WILL BE ISSUED. (WG)

July 28, 2010

July 28, 2010

PACER

Order on Motion to Appear Pro Hac Vice

July 28, 2010

July 28, 2010

PACER
34

NOTICE of Appearance by Wilson D. Minor on behalf of Haley Barbour, Robert L. Robinson (Minor, Wilson) (Entered: 07/30/2010)

July 30, 2010

July 30, 2010

PACER
35

RESPONSE in Opposition re 29 MOTION Lift Stay of Discovery and Proceed with Case Management Conference filed by Haley Barbour, Robert L. Robinson (Minor, Wilson) (Entered: 07/30/2010)

July 30, 2010

July 30, 2010

PACER
36

MOTION SUPPLEMENT TO MOTION FOR TRANSFER re 13 MOTION Motion for Transfer by Sheila Davis, Trasie Howard, Mary Troupe (Attachments: # 1 Exhibit Olivia Y. Confidentiality Order)(Carroll, Vanessa) (Entered: 08/06/2010)

1 Exhibit Olivia Y. Confidentiality Order

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Aug. 6, 2010

Aug. 6, 2010

PACER
37

Rebuttal re 35 Response in Opposition to Motion to Lift Stay of Discovery and Proceed with Case Management Conference filed by Sheila Davis, Trasie Howard, Mary Troupe (Carroll, Vanessa) (Entered: 08/06/2010)

Aug. 6, 2010

Aug. 6, 2010

PACER

Minute Entry for proceedings held before District Judge Henry T. Wingate. APPEARANCES: R. McDuff, S. Bedi, and V. Carroll; H. Pizzetta, S. Shurden, defense counsel; S. Nothenberg, J. Polansky, and W. Drinkwater, Intervenor plaintiffs. Motion Hearing held on 8/10/2010. The Court STAYED 8 MOTION to Intervene filed by Olivia Y. Plaintiffs, STAYED 36 MOTION SUPPLEMENT TO MOTION FOR TRANSFER re 13 MOTION Motion for Transfer filed by Sheila Davis, Mary Troupe, Trasie Howard, STAYED 16 MOTION for Leave to File Excess Pages filed by Haley Barbour, Robert L. Robinson, STAYED 15 MOTION to Dismiss or MOTION for Judgment on the Pleadings filed by Haley Barbour, Robert L. Robinson, DENIED 13 MOTION Motion for Transfer filed by Sheila Davis, Mary Troupe, Trasie Howard, STAYED 2 MOTION to Certify Class filed by Sheila Davis, Mary Troupe, Trasie Howard, STAYED 29 MOTION Lift Stay of Discovery and Proceed with Case Management Conference filed by Sheila Davis, Mary Troupe, Trasie Howard. The Court will allow the parties to mediate the case. Parties were directed to report to the Court within seven days a mediator and the method of payment for the mediator; 30 days thereafter submit Status Reports until January 2011. (TRS)

Aug. 10, 2010

Aug. 10, 2010

PACER

Motion Hearing

Aug. 10, 2010

Aug. 10, 2010

PACER
38

ORDER holding in abeyance 29 Motion; holding in abeyance 2 Motion to Certify Class; holding in abeyance 8 Motion to Intervene; denying 13 Motion; holding in abeyance 15 Motion to Dismiss; holding in abeyance 15 Motion for Judgment on the Pleadings; holding in abeyance 16 Motion for Leave to File Excess Pages. Parties have until January 31, 2011, to reach an agreement in this case. If an agreement is not reached by January 31, 2011, this court will conduct a hearing on the remaining motions and render a decision. Signed by District Judge Henry T. Wingate on 8/10/2010 (SM) (Entered: 08/10/2010)

Aug. 10, 2010

Aug. 10, 2010

PACER
39

ORDER denying 36 Motion to Supplement Motion to Transfer. Signed by District Judge Henry T. Wingate on 8/17/2010 (SM) (Entered: 08/17/2010)

Aug. 17, 2010

Aug. 17, 2010

PACER
40

NOTICE of Appearance by Jody E. Owens, II on behalf of All Plaintiffs (Owens, Jody) (Entered: 03/31/2011)

March 31, 2011

March 31, 2011

PACER

Docket Annotation

April 8, 2011

April 8, 2011

PACER
41

Amicus Curiae APPEARANCE entered by Anne Raish on behalf of U.S. Department Of Justice (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Raish, Anne) (Entered: 04/08/2011)

1 Exhibit A

View on PACER

2 Exhibit B

View on PACER

April 8, 2011

April 8, 2011

RECAP

DOCKET ANNOTATION as to # 41 Local Rule 7 requires that all supporting exhibits to a document be denominated by an exhibit letter or number and a meaningful description. For example Exhibit 1, Affidavit of John Doe. Attorney is advised to follow this rule in future filings. (cwl)

April 8, 2011

April 8, 2011

PACER
42

NOTICE on Mediation by Sheila Davis, Trasie Howard, Mary Troupe (Carroll, Vanessa) (Entered: 07/15/2011)

July 15, 2011

July 15, 2011

PACER

NOTICE of Hearing on Motion 15 MOTION to Dismiss or MOTION for Judgment on the Pleadings, 29 MOTION Lift Stay of Discovery and Proceed with Case Management Conference, 2 MOTION to Certify Class, 8 MOTION to Intervene : Motion Hearing set for 8/19/2011 10:00 AM in Courtroom 6A (Jackson) Wingate before District Judge Henry T. Wingate (TRS)

Aug. 3, 2011

Aug. 3, 2011

PACER

Notice of Hearing on Motion

Aug. 3, 2011

Aug. 3, 2011

PACER

Minute Entry for proceedings held before District Judge Henry T. Wingate. APPEARANCES: V. Carroll, S. Bedi, and J. Owens, plaintiff's counsel; H. Pizetta, defense counsel and R. Robinson, defendant; W. Drinkwater and J. Polansky, counsel Intervenor plaintiffs; T. England and P. Barrett, counsel for Interested Party.Motion Hearing held on 8/19/2011. The Court reserved ruling 8 MOTION to Intervene filed by Olivia Y. Plaintiffs, 15 MOTION to Dismiss or MOTION for Judgment on the Pleadings filed by Haley Barbour, Robert L. Robinson, 29 MOTION Lift Stay of Discovery and Proceed with Case Management Conference filed by Sheila Davis, Mary Troupe, Trasie Howard. The Court will contact the parties to announce its ruling. (Court Reporter Cherie Bond, 608-4186) (TRS)

Aug. 19, 2011

Aug. 19, 2011

PACER

Motion Hearing

Aug. 19, 2011

Aug. 19, 2011

PACER
43

MEMORANDUM in Opposition re 8 MOTION to Intervene Defendants' Supplemental Memorandum in Opposition to Motion to Intervene filed by Patricia Ainsworth, Haley Barbour, Edwin C. Legrand, Robert L. Robinson (Pizzetta, Harold) (Entered: 08/24/2011)

Aug. 24, 2011

Aug. 24, 2011

PACER
44

MEMORANDUM in Opposition re 15 MOTION to Dismiss or MOTION for Judgment on the Pleadings Supplemental Memorandum in Opposition to Defendants' Motion to Dismiss filed by Sheila Davis, Trasie Howard, Mary Troupe (Carroll, Vanessa) (Entered: 08/25/2011)

Aug. 25, 2011

Aug. 25, 2011

PACER
45

REPLY to Response to Motion re 43 Memorandum in Opposition to Motion Supplemental Memorandum in Further Support of the Olivia Y. Plaintiffs' 8 Motion to Intervene filed by Olivia Y. Plaintiffs (Attachments: # 1 Exhibit A - Proposed Order)(Nothenberg - PHV, Shirim) (Entered: 08/31/2011)

1 Exhibit A - Proposed Order

View on PACER

Aug. 31, 2011

Aug. 31, 2011

PACER

DOCKET ANNOTATION as to # 45 Proposed orders are not to be electronically filed as a separate pleading or as an attachment to a pleading, but instead are to be provided to chambers by e-mail (Courts Administrative Procedures for Electronic Case Filing Sec.5.B.). (cwl)

Sept. 1, 2011

Sept. 1, 2011

PACER

Docket Annotation

Sept. 1, 2011

Sept. 1, 2011

PACER
46

ORDER denying 8 Motion to Intervene; granting 16 Motion for Leave to File Excess Pages. Signed by District Judge Henry T. Wingate on 9/30/2011 (SM) (Entered: 09/30/2011)

Sept. 30, 2011

Sept. 30, 2011

PACER
47

FINDINGS OF FACT AND CONCLUSIONS OF LAW regarding Olivia Y. Plaintiffs' Motion to Intervene. Signed by District Judge Henry T. Wingate on 9/30/2011 (SM) (Entered: 09/30/2011)

Sept. 30, 2011

Sept. 30, 2011

RECAP

Minute Entry for proceedings held before District Judge Henry T. Wingate. APPEARANCES: Ira Brunim, plaintiff's counsel; Harold Pizzetta, defense counsel; Anne Raish, counsel for DOJ-interested party. Motion Hearing held on 10/19/2011. The Court heard oral argument on 15 MOTION to Dismiss or MOTION for Judgment on the Pleadings filed by Haley Barbour, Robert L. Robinson, 29 MOTION Lift Stay of Discovery and Proceed with Case Management Conference filed by Sheila Davis, Mary Troupe, Trasie Howard. The motions were taken under advisement. (TRS)

Oct. 19, 2011

Oct. 19, 2011

PACER

Motion Hearing

Oct. 19, 2011

Oct. 19, 2011

PACER
48

NOTICE of Findings of the United States' Investigation of the State of Mississippi's Service System for Persons with Mental Illness and Developmental Disabilities by Sheila Davis, Trasie Howard, Mary Troupe (Attachments: # 1 Exhibit A)(Carroll, Vanessa) (Entered: 02/27/2012)

1 Exhibit A

View on RECAP

Feb. 27, 2012

Feb. 27, 2012

RECAP

DOCKET ANNOTATION as to # 48 : Local Rule 7 requires that all supporting exhibits to a document be denominated by an exhibit letter or number and a meaningful description. For example Exhibit 1, Affidavit of John Doe. Attorney is advised to follow this rule in future filings. (cwl)

Feb. 29, 2012

Feb. 29, 2012

PACER

Docket Annotation

Feb. 29, 2012

Feb. 29, 2012

PACER
49

MOTION to Withdraw as Attorney by Sheila Davis, Trasie Howard, Mary Troupe (Bedi, Sheila) (Entered: 08/23/2012)

Aug. 23, 2012

Aug. 23, 2012

PACER

TEXT-ONLY ORDER granting 49 Motion to Withdraw as Attorney. Attorney Sheila A. Bedi terminated. Signed by Magistrate Judge Linda R. Anderson on 8/27/2012. No further written order will be issued. (WG)

Aug. 27, 2012

Aug. 27, 2012

PACER

Order on Motion to Withdraw as Attorney

Aug. 27, 2012

Aug. 27, 2012

PACER

Remark: The outstanding motions in this case have been referred to Magistrate Judge Parker for a Report and Recommendation.(MM)

July 26, 2013

July 26, 2013

PACER

Remark

July 26, 2013

July 26, 2013

PACER
50

ORDER REASSIGNING CASE. Case reassigned to Magistrate Judge Michael T. Parker for all further proceedings to include conducting hearings and submitting to the District Judge assigned to this case proposed findings of fact and recommendations for disposition of this case. Magistrate Judge Linda R. Anderson no longer assigned to case. Signed by District Judge Henry T. Wingate on 7/29/2013 (cwl) (Entered: 07/29/2013)

July 29, 2013

July 29, 2013

PACER

Set Deadlines as to 15 MOTION to Dismiss or MOTION for Judgment on the Pleadings filed by Haley Barbour and Robert L. Robinson . Motion Hearing set for 8/16/2013 10:00 AM in Courtroom 2, United States Courthouse, 701 N. Main Street, Hattiesburg, MS before Magistrate Judge Michael T. Parker. PLEASE NOTE: THIS HEARING WILL BE HELD IN HATTIESBURG, MS. (KPM) Modified on 8/6/2013 (KPM).

Aug. 6, 2013

Aug. 6, 2013

PACER

Set Motion and R&R Deadlines/Hearings

Aug. 6, 2013

Aug. 6, 2013

PACER

DOCKET ANNOTATION as to Set Hearings event docketed 8/5/13: entry modified to reflect that the motion hearing set 8/16/13 will pertain only to the motion to dismiss 15 and not the motion to certify class 2 . (KPM)

Aug. 6, 2013

Aug. 6, 2013

PACER

Docket Annotation

Aug. 6, 2013

Aug. 6, 2013

PACER
51

NOTICE of Appearance by Joseph Andrew Canter on behalf of All Plaintiffs (Canter, Joseph) (Entered: 08/08/2013)

Aug. 8, 2013

Aug. 8, 2013

PACER
52

MOTION to Withdraw as Attorney by Sheila Davis, Trasie Howard, Mary Troupe (Carroll, Vanessa) (Entered: 08/08/2013)

Aug. 8, 2013

Aug. 8, 2013

PACER

TEXT ONLY ORDER granting 52 Motion to Withdraw as Attorney. Attorney Vanessa Judith Carroll terminated. NO FURTHER WRITTEN ORDER WILL ISSUE. Signed by Magistrate Judge Michael T. Parker on August 9, 2013 (KPM)

Aug. 9, 2013

Aug. 9, 2013

PACER

Order on Motion to Withdraw as Attorney

Aug. 9, 2013

Aug. 9, 2013

PACER

Pro Hac Vice fee paid

Aug. 9, 2013

Aug. 9, 2013

PACER

Pro Hac Vice fee paid for Ona T. Wang receipt number 0538-2481881 $ 100 (Owens, Jody)

Aug. 9, 2013

Aug. 9, 2013

PACER

Order on Motion to Appear Pro Hac Vice

Aug. 9, 2013

Aug. 9, 2013

PACER
53

MOTION for Ona T. Wang to Appear Pro Hac Vice by Sheila Davis, Trasie Howard, Mary Troupe (Attachments: # 1 Exhibit A Certificate of Good Standing)(Owens, Jody) (Entered: 08/09/2013)

1 Exhibit A Certificate of Good Standing

View on PACER

Aug. 9, 2013

Aug. 9, 2013

PACER

TEXT ONLY ORDER granting 53 Motion to Appear Pro Hac Vice. Ona T. Wang is hereby admitted pro hac vice upon registering for electronic filing. No further written order will issue. Signed by Magistrate Judge Michael T. Parker on August 9, 2013 (KPM)

Aug. 9, 2013

Aug. 9, 2013

PACER

Case Details

State / Territory: Mississippi

Case Type(s):

Child Welfare

Special Collection(s):

Olmstead Cases

Multi-LexSum (in sample)

Key Dates

Filing Date: March 30, 2010

Closing Date: June 30, 2017

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Originally filed on behalf of all children under the age of 21, statewide, who are Medicaid-eligible and who have a behavioral or emotional disorder and who need intensive home- or community-based mental health services. Since class certification was never granted and three out of four of the original plaintiffs reached adulthood before the case settled, there was only one remaining plaintiff when the case closed.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Southern Poverty Law Center

Bazelon Center

Children's Rights, Inc.

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

Mississippi Department of Mental Health, State

Mississippi Division of Medicaid, State

Defendant Type(s):

Jurisdiction-wide

Hospital/Health Department

Case Details

Causes of Action:

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)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $7,500

Content of Injunction:

Reasonable Accommodation

Issues

General:

Classification / placement

Deinstitutionalization/decarceration

Government services

Individualized planning

Juveniles

Placement in mental health facilities

Public assistance grants

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

Wait lists

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

Integrated setting

Least restrictive environment

Mental impairment

Mental Disability:

Mental Illness, Unspecified

Medical/Mental Health:

Mental health care, general

Type of Facility:

Government-run

Benefit Source:

Medicaid