Case: United States v. North Carolina

5:12-cv-00557 | U.S. District Court for the Eastern District of North Carolina

Filed Date: Aug. 23, 2012

Case Ongoing

Clearinghouse coding complete

Case Summary

In 2010, the United States Department of Justice (Civil Rights Division, Disability Rights Section) began an investigation into the provision of services to individuals with mental illness in North Carolina. On July 28, 2011, the DOJ issued a letter of findings to the State Attorney General detailing violations of the ADA, Section 504, and the Olmstead v. L.C. integration mandate. The DOJ found that North Carolina unnecessarily placed individuals with mental illness in "adult care homes" rath…

In 2010, the United States Department of Justice (Civil Rights Division, Disability Rights Section) began an investigation into the provision of services to individuals with mental illness in North Carolina. On July 28, 2011, the DOJ issued a letter of findings to the State Attorney General detailing violations of the ADA, Section 504, and the Olmstead v. L.C. integration mandate. The DOJ found that North Carolina unnecessarily placed individuals with mental illness in "adult care homes" rather than in community-based settings, and that the state's policies cause individuals with mental illness who receive some services outside of institutions to face a risk of unnecessary institutionalization.

After a year of negotiations, the DOJ concurrently filed a complaint and settlement agreement on August 23, 2012. Through this court-enforceable settlement agreement, North Carolina promised to increase its community-based services available to individuals with mental illness and to offer additional supports so that these individuals can stay out of institutions. Specifically, North Carolina was required to put transition programs in place to move individuals out of adult care homes and divert individuals from those placements where possible. The State also agreed to create additional opportunities for individuals with mental illness to live in supported housing, and to put programs in place to expand employment opportunities. The settlement also mandated that the State improve its community-based mental health services, with an emphasis on "Assertive Community Treatment" teams and crisis services. The parties selected an independent reviewer to monitor the State's progress in complying with the agreement. The Court retained jurisdiction for purposes of enforcing the settlement.

For the next five years, the parties monitored North Carolina's progress toward the terms of the settlement agreement. On January 9, 2017, the United States submitted a motion for the court to enforce the settlement agreement. The DOJ alleged that the State had repeatedly failed to comply with the agreement's housing and employment provisions, and had redefined ways to measure its own compliance with those provisions without the agreement of the DOJ. Specifically, the DOJ found that the State was far below the housing and employment services benchmarks that had been set for the year 2016, and that, because of its shortcomings, had decided to reevaluate the way it measured its progress toward those benchmarks to artificially boost the number of individuals who had received services. The DOJ stated that because of these failures, hundreds of mentally ill North Carolinians remained needlessly segregated in adult care homes.

The State opposed the motion, arguing that the DOJ's motion for court enforcement violated terms of the settlement agreement that called for collaborative dispute resolution. It also argued that its means of evaluating progress were consistent with the terms of the agreement.

On June 22, 2017, the case was reassigned to Chief Judge James C. Dever. On September 21, 2017, Judge Dever granted the DOJ's motion in part. Finding that the United States had satisfied its dispute resolution obligations under the settlement agreement and that its interpretation of the State's obligations was correct, he ordered the parties to meet and negotiate a modified timeline for the State's compliance obligations. 2017 WL 4238866. The parties met and agreed to extend the term of the agreement from July 2020 to July 2021, finding the State needed additional time to meet its obligations. The court granted an order approving of this modification on November 1, 2017.

The parties entered into a consent protective order on June 6, 2018. The order governs the confidential information exchanged during the course of compliance with the settlement. As of April 18, 2020, the only other entry in the docket since then has been a substitution of counsel on January 17, 2020. This case is ongoing for enforcement purposes.

Summary Authors

Beth Kurtz (11/9/2012)

Lauren Latterell Powell (11/1/2017)

Alex Moody (4/18/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4303514/parties/united-states-v-state-of-north-carolina/

Judge(s)
Attorney for Plaintiff

Abernathy, Terri J (North Carolina)

Abrams, David Gordon (North Carolina)

Acker, G Norman III (North Carolina)

Addington, Gregory W. (North Carolina)

Alexander, Keith S (North Carolina)

Attorney for Defendant
Expert/Monitor/Master/Other
Judge(s)

Dever, James C. III (North Carolina)

Fox, James Carroll (North Carolina)

Attorney for Plaintiff

Abernathy, Terri J (North Carolina)

Abrams, David Gordon (North Carolina)

Acker, G Norman III (North Carolina)

Addington, Gregory W. (North Carolina)

Alexander, Keith S (North Carolina)

Allen, Julie Jackson (North Carolina)

Altman, Stephen D (North Carolina)

Androphy, Joel (North Carolina)

Armijo, Rumaldo R (North Carolina)

Armstrong, Samuel D. (North Carolina)

Arthur, Elizabeth G. (North Carolina)

Atkinson, Harold O. (North Carolina)

Attorney, Noticing 2255 (North Carolina)

Auchterlonie, Jennifer D (North Carolina)

Auerhan, Arnold M. (North Carolina)

AUSA, Jesse M (North Carolina)

Babu, Kavitha J (North Carolina)

Baka, Gregory (North Carolina)

Barbeau, Jason T (North Carolina)

Barkoff, Alison (District of Columbia)

Barr, Russell D. (North Carolina)

Barrett, David K (North Carolina)

Bartlett, Anastasia D. (North Carolina)

Beato, Andrew Michael (North Carolina)

Beck, Matthew (North Carolina)

Bennett, Jared C. (North Carolina)

Berger, Michael M. (North Carolina)

Bernstein, Bruce D. (North Carolina)

Bhandari, Rishi (North Carolina)

Bigelow, Jason M. (North Carolina)

Blesi, Samuel D (North Carolina)

Bogden, Daniel G. (North Carolina)

Borichewski, Lisca N (North Carolina)

Bortnick, Yael (North Carolina)

Branda, Joyce R (North Carolina)

Brandon, Susan S. (North Carolina)

Brito, Olga Eugenia (North Carolina)

Brooker, Renee (North Carolina)

Brown, Aimee Woodward (North Carolina)

Brown, Adrian L. (North Carolina)

Brown, Geoffrey J.L. (North Carolina)

Burianek, Lisa M. (North Carolina)

Burke, Matthew (North Carolina)

Burke, John W. (North Carolina)

Burnim, Ira Abraham (District of Columbia)

Burrell, Meredith (North Carolina)

Butcher, Daniel Everett (North Carolina)

Byron, Paul G. (North Carolina)

Camacho, Renee L (North Carolina)

Campbell, Scott J (North Carolina)

Carlson, Deborah (North Carolina)

Carman, Sean Kevin (North Carolina)

Carolina, State of (North Carolina)

Castaldi, Lauren Marie (North Carolina)

Chan, Priscilla To-Yin (North Carolina)

Chanoine, Hannah W (North Carolina)

Chmelar, Michael J (North Carolina)

Chorpening, Jennifer (North Carolina)

Clark, John E (North Carolina)

Clark, Caroline Jane (North Carolina)

Clarke, Ellen Rebecca (North Carolina)

Clayton, Lindsay Laurie (North Carolina)

Cohen, Richard Edward (North Carolina)

Cohen, Mary Louise (North Carolina)

Coles-Huff, Doris Denise (North Carolina)

Cooney, Nigel B (North Carolina)

Corcoran, Thomas F (North Carolina)

Costello, James (North Carolina)

Cueto, Christopher F. (North Carolina)

CV, U S (North Carolina)

Daniels, Howard F (North Carolina)

Darmstadter, Henry C (North Carolina)

D'Arruda, Kimberley (North Carolina)

Davis, Evan J (North Carolina)

Davis, Patricia R. (North Carolina)

Deiss, Ila Casy (North Carolina)

Dimock, Christina Nicole (North Carolina)

DOJ, Michelle Bennett (North Carolina)

Dougherty, Burtis M (North Carolina)

Drake, Daniel R (North Carolina)

Dubal, Malisa Chokshi (North Carolina)

DuBois, James Joseph (North Carolina)

Durham, Jessie Huff (North Carolina)

Dworkin, Howard Sheldon (North Carolina)

Eichenholtz, Seth D. (North Carolina)

England, Travis W (District of Columbia)

Epperley, Linda A. (North Carolina)

Epperson, Jennifer L. (North Carolina)

Euliss, Richard D. (North Carolina)

Evans, Neil J. (North Carolina)

Ewalt, Andrew J. (North Carolina)

Farmer, Gary Michael (North Carolina)

Farringer, Craig S. (North Carolina)

Finlator, W. Wallace (North Carolina)

Fisher, Douglas M. (North Carolina)

Fisherow, W Benjamin (North Carolina)

Flake, Troy K. (North Carolina)

Foran, Sheila (District of Columbia)

Franze-Nakamura, Francis (North Carolina)

Freeman, Mark R (North Carolina)

Frein, Kevin C. (North Carolina)

Friel, Gregory (District of Columbia)

Fuchs, Siegmund F. (North Carolina)

Gale, Alan S (North Carolina)

Gallagher, Mark A. (North Carolina)

Gardey, David A. (North Carolina)

Garland, Liam J (North Carolina)

Given, Emily (North Carolina)

Glaser, Danica A. (North Carolina)

Gold, I. Randall (North Carolina)

Goldberg, Arthur R (North Carolina)

GOVT, Kevin Christopher (North Carolina)

GOVT, Louisa K (North Carolina)

Graff, Julia (District of Columbia)

Granston, Michael D (North Carolina)

Greenberg, Todd (North Carolina)

Greene, Gavin L (North Carolina)

Groom, Deborah Fennell (North Carolina)

Grossenbacher, Gary M (North Carolina)

Grossenbacher, Glenn D (North Carolina)

Guadagnino, Charles A (North Carolina)

Gurland, Harvey W. (North Carolina)

Guthrie, Robert Gay (North Carolina)

Habeas, US Attorney (North Carolina)

Hall, Jennifer Lynne (North Carolina)

Hanower, Patricia L (North Carolina)

Harrington, Quinn Patrick (North Carolina)

Harrod, Jennifer T (North Carolina)

Harwell, Lacy R. (North Carolina)

Heavener, Mac D. (North Carolina)

Hebert, Janice E. (North Carolina)

Hecker, Elizabeth Parr (North Carolina)

Held, Jessica M (North Carolina)

Hendry, Melanie Dyani (North Carolina)

Hertz, Michael F (North Carolina)

Hikida, Katherine M (North Carolina)

Hill, Eve L. (District of Columbia)

Hirst, Michael Andrew (North Carolina)

Hoang, Anthony P (North Carolina)

Hoffman, Grayson A (North Carolina)

Hollis, Christopher W (North Carolina)

Holton, Dwight C. (North Carolina)

Horwitz, Matthew Joseph (North Carolina)

Houten, Kathryn E (North Carolina)

Howlette, Jordan David (North Carolina)

Hurley, Daniel R. (North Carolina)

Hurley, Ann C (North Carolina)

Hurtado, Samuel A. (North Carolina)

Iannarone, Liberatore Joseph (North Carolina)

Iv, Berkley Carrington (North Carolina)

Jackson, E. Fletcher (North Carolina)

Janove, Jathan W. (North Carolina)

Jennings, David Reese (North Carolina)

Jensen, Michelle D. (North Carolina)

Johnson, Creecy (North Carolina)

Johnson, Kristin Berger (North Carolina)

Johnson-DOJ, T J (North Carolina)

Jordan, Aaron O (North Carolina)

Jr, Edwin M. (North Carolina)

Jr, James Bernier (North Carolina)

JR, Joseph Patrick (North Carolina)

Kaminski, Gerald Francis (North Carolina)

Kaplan, Robert N. (North Carolina)

Kaufman, Paul (North Carolina)

Kaufman-Cohen, Eric (North Carolina)

Kawakami, Kent A (North Carolina)

Keefe, Kerry Jane (North Carolina)

Keegan, Ruth Fuess (North Carolina)

Keehn, Douglas (North Carolina)

Kell, Gerald (North Carolina)

Keller, John Timothy (North Carolina)

Kennebrew, Delora (North Carolina)

Kern, Charles Douglas (North Carolina)

Kinner, Russell B (North Carolina)

Kipnis, Brian C (North Carolina)

Kirby, Freeman Edward (North Carolina)

Kirkman, David M. (North Carolina)

Kirwan, Tanya I. (North Carolina)

Kiziah, Katherine Ann (North Carolina)

Kline, Regina (District of Columbia)

Klovers, Christelle (North Carolina)

Knepel, Susan M (North Carolina)

Kono, Michiko (North Carolina)

Kotz, Stephen R. (North Carolina)

Krueger, Matthew Dean (North Carolina)

Kuehler, Natalie Nancy (North Carolina)

Kwaterski, Laura Schulteis (North Carolina)

Lagarde, Andre Jude (North Carolina)

Lammens, Philip R. (North Carolina)

Landau, Scott R. (North Carolina)

Langworthy, Nancy Fay (North Carolina)

Larkin, William F. (North Carolina)

Larsen, Christian R (North Carolina)

Larson, Kari Madrene (North Carolina)

LaVerne, Darren (North Carolina)

Lawrence, Kathleen O'Malley (North Carolina)

Layton, Daniel W (North Carolina)

Lee, Ralph J. (North Carolina)

Lee, John E (North Carolina)

Lehman, Lennie (North Carolina)

Lehman, Philip A. (North Carolina)

Leiderman, Joel David (North Carolina)

Lennington, Daniel P (North Carolina)

Lesperance, Karen Folster (North Carolina)

Levesque, Christian (North Carolina)

Levingston, Luttrell (North Carolina)

Lindquist, Susan J. (North Carolina)

Lipari, Vincent (North Carolina)

Lipton, Joey (North Carolina)

Littleton, Judson Owen (North Carolina)

Long, Kenneth Gordon (North Carolina)

Lowe, Virginia Cronan (North Carolina)

Lucero, Manuel (North Carolina)

Majeed, Sameena Shina (North Carolina)

Majmundar, Amar (North Carolina)

Majors, Jay D (North Carolina)

Mantell, Laura D. (North Carolina)

Maragani, Goud P (North Carolina)

Marinelli, Matthew M (North Carolina)

Mark, Carolyn G (North Carolina)

Markopoulos, Amy (North Carolina)

Maroldy, Laura M (North Carolina)

Martin, Sean E. (North Carolina)

Matthews, Ann Wilkinson (North Carolina)

Maurer, Michael Stuart (North Carolina)

McCabe, Brian J (North Carolina)

McClanahan, Cathryn Dawn (North Carolina)

McCord, Stacey Elise (North Carolina)

McCormack, Timothy P. (North Carolina)

McCulloch, Christine J (North Carolina)

McEldrew, James Joseph (North Carolina)

McElvain, Joel (North Carolina)

McEvoy, Lauren Mary (North Carolina)

McFadden, Lane M. (North Carolina)

Messec, Paige (North Carolina)

Miller, Eugene L (North Carolina)

Miller, Damon C. (North Carolina)

Miller, Monica L (North Carolina)

Moran, Timothy J (North Carolina)

Morris, Brian D. (North Carolina)

Mosteller, Daniel Paul (North Carolina)

Murphy, Michael D (North Carolina)

Murray, Jeffrey (North Carolina)

Mustokoff, Michael M. (North Carolina)

Mysliwiec, Paul (North Carolina)

Nance, Lars Franklin (North Carolina)

Nannis, Veronica Byam (North Carolina)

Nathanson, John Alexander (North Carolina)

Neal, John K. (North Carolina)

Nelson, Anne Elizabeth (North Carolina)

Nesler, Robert D. (North Carolina)

Nitze, Samuel P. (North Carolina)

Norris, Evan M. (North Carolina)

O'Brien, Thomas Peter (North Carolina)

Office, United States (North Carolina)

O'Neil, Erica N (North Carolina)

Ong, Marisa A (North Carolina)

Orent, Jonathan D. (North Carolina)

O'Rourke, Steven R (North Carolina)

Ostiller, Cathy J (North Carolina)

O'Toole, David A. (North Carolina)

Owen, Jay David (North Carolina)

Pahl, Michael R (North Carolina)

Palmer, R. Scott (North Carolina)

Palombo, Lisa A (North Carolina)

Park, Scott H. (North Carolina)

Paxton, Lauren Mary (North Carolina)

Pease, William H. (North Carolina)

Pence, Richard M. (North Carolina)

Perez, Alfred Juarez (North Carolina)

Perez, Thomas E. (District of Columbia)

Perros, Nicholas C. (North Carolina)

Peters, Alexander McClure (North Carolina)

Phan, Susan (North Carolina)

Phelps, Alan (North Carolina)

Phillips, Cristine Irvin (North Carolina)

Phillips, Heather (North Carolina)

Piropato, Marissa A (North Carolina)

Podolak, Stephanie (North Carolina)

Poliakoff, Steven J (North Carolina)

Pomeroy, Richard L. (North Carolina)

Potter, Amy E. (North Carolina)

Powell, Kelly (North Carolina)

Pribe, Andrew (North Carolina)

Purcell, Joseph J (North Carolina)

Quinn, Elias L (North Carolina)

Race, Stacy M. (North Carolina)

Radice, John Daniel (North Carolina)

Raish, Anne (District of Columbia)

Riklin, Rand J (North Carolina)

Roberts, Darwin P (North Carolina)

Robinson, Stuart Justin (North Carolina)

Rosenbaum, Steven H (North Carolina)

Rudman, Samuel Howard (North Carolina)

Rush, Regan (District of Columbia)

Russell, Bruce T. (North Carolina)

Sadowski, Robert Wayne (North Carolina)

Sampson, Colin C. (North Carolina)

Samy, Sharad (North Carolina)

Sandberg, Justin Michael (North Carolina)

Santelle, James L (North Carolina)

Schachner, Elliot M. (North Carolina)

Schmelzer, Eric (North Carolina)

Schmidt, H Lee (North Carolina)

Schnieders, Kathleen Kelly (North Carolina)

Schwab, Mikel W. (North Carolina)

Schwartz, Richard Adam (North Carolina)

Schweiner, Dianne (North Carolina)

Scott, Olivia R (North Carolina)

Seff, Daniel A. (North Carolina)

Sgarlata, AnneMarie (North Carolina)

Sharinn, Harvey (North Carolina)

Simmons, Timothy W. (North Carolina)

Simpson, W Scott (North Carolina)

Slade, Shelley R. (North Carolina)

Smiley, Tiare B. (North Carolina)

Smith, Sharon Denise (North Carolina)

Smith, James Peeler (North Carolina)

Smith, Bruce C (North Carolina)

Snow, Holly (North Carolina)

Spina, Thomas Spina (North Carolina)

Stanford, Jon K (North Carolina)

Starita, Paul L (North Carolina)

Steinacker, Andrea K (North Carolina)

Stengle, Linda Jeffries (North Carolina)

Stoll, Kenneth F. (North Carolina)

Strong, James C. (North Carolina)

Sutton, Jessica V. (North Carolina)

Swiney, Elijah W (North Carolina)

Tait, Monica E (North Carolina)

Taylor, Brock (North Carolina)

Taylor-Phillips, LaQuita J (North Carolina)

Tingle, Michal (North Carolina)

Torres, Susan (North Carolina)

Torres, Valerie (North Carolina)

Tribuiani, Rinku Talwar (North Carolina)

Underhill, R Michael (North Carolina)

Uzeta, Michelle (North Carolina)

Valdman, Rika (North Carolina)

Valerino, Gary J. (North Carolina)

Vogel, Robert Lawrence (North Carolina)

Vyas, Nisha N (North Carolina)

Waldorf, James J (North Carolina)

Walker, Thomas G. (North Carolina)

Walle, Erin McCarthy (North Carolina)

Ward, Stacy C (North Carolina)

Warwick, Lisa T (North Carolina)

Weintraub, J. Max (North Carolina)

Welan, Joy Levin (District of Columbia)

Welsh, Blaine T (North Carolina)

Wenthe, Roger W. (North Carolina)

Westphal, Leslie J. (North Carolina)

Whitehead, Charles G. (North Carolina)

Wiethe, Donetta Donaldson (North Carolina)

Wilcove, Michael N (North Carolina)

Willing-FLU, Patricia A. (North Carolina)

Wilson, Edward Bryan (North Carolina)

Wiseman, David B. (North Carolina)

Wogaman, Paul J (North Carolina)

Woods, Phillip Kevin (North Carolina)

Woods, James C. (North Carolina)

Woods, Thomas M (North Carolina)

Woodward, Sara D. (North Carolina)

Yanchunis, John Allen (North Carolina)

Yeh, Teresa (District of Columbia)

Yim, Deborah E (North Carolina)

Yoo, Danny Young-In (North Carolina)

Young, Brian R. (North Carolina)

Young, James Dennis (North Carolina)

Younts, Diana J (North Carolina)

Zigler, Aaron M. (North Carolina)

Zimmerman, Erika M. (North Carolina)

Attorney for Defendant

Corbett, Lisa G. (North Carolina)

Rabinovitz, Brian D. (North Carolina)

Tetteh, Josephine N. (North Carolina)

Wood, Michael T. (North Carolina)

Other

Mathis, Jennifer (District of Columbia)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

5:12-cv-00557

Docket [PACER]

Nov. 1, 2017

Nov. 1, 2017

Docket

DOJ Letter of Findings

No Court

July 28, 2011

July 28, 2011

Findings Letter/Report

5:12-cv-00557

Letter sent to N.C. Governor, N.C. Division of Health and Human Services, and N.C. Attorney General by Bazelon Center on behalf of stakeholder group

United States of America v. North Carolina

Oct. 11, 2011

Oct. 11, 2011

Correspondence

5:12-cv-00557

Letter sent to N.C. Governor and N.C. Attorney General by Bazelon Center attorneys on behalf of stakeholder group

United States of America v. North Carolina

Nov. 30, 2011

Nov. 30, 2011

Correspondence

5:12-cv-00557

Letter sent to Centers for Medicare & Medicaid Services (CMS) by Bazelon Center attorneys on behalf of stakeholder group, regarding proposed 1915(i) option in North Carolina

United States of America v. North Carolina

April 27, 2012

April 27, 2012

Correspondence
1

5:12-cv-00557

Complaint

Aug. 23, 2012

Aug. 23, 2012

Complaint
2-2

5:12-cv-00557

Settlement Agreement

Aug. 23, 2012

Aug. 23, 2012

Settlement Agreement

DOJ Press Release

No Court

Aug. 23, 2012

Aug. 23, 2012

Press Release
21

5:12-cv-00557

Notice of Withdrawl

Jan. 13, 2017

Jan. 13, 2017

Notice of Investigation or Suit/Demand Letter
29

5:12-cv-00557

Order

United States of America v. State of North Carolina

Sept. 21, 2017

Sept. 21, 2017

Order/Opinion

2017 WL 4238866

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4303514/united-states-v-state-of-north-carolina/

Last updated Sept. 24, 2026, 5:13 a.m.

Docket for: United States v. State of North Carolina
ECF Number Date Description Link
1 Aug. 23, 2012

COMPLAINT for Declaratory and Injunctive Relief against State of North Carolina, filed by United States of America. (Attachments: # 1 Civil Cover Sheet, # 2 Proposed Summons for State of North Carolina) (Welan, Joy) (Entered: 08/23/2012)

1 Civil Cover Sheet

View on PACER

2 Proposed Summons for State of North Carolina

View on PACER

RECAP
2 Aug. 23, 2012

Joint MOTION to Dismiss Without Prejudice and Retain Jurisdiction by United States of America. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit Settlement Agreement) (Welan, Joy) (Entered: 08/23/2012)

1 Text of Proposed Order

View on PACER

2 Exhibit Settlement Agreement

View on RECAP

RECAP
3 Aug. 23, 2012

Memorandum in Support regarding 2 Joint MOTION to Dismiss Without Prejudice and Retain Jurisdiction filed by United States of America. (Welan, Joy) (Entered: 08/23/2012)

RECAP
4 Aug. 23, 2012

NOTICE of Appearance by Joy L. Welan on behalf of United States of America (Welan, Joy) (Entered: 08/23/2012)

RECAP
5 Aug. 23, 2012

Summons Issued as to State of North Carolina. (Grady, B.) (Entered: 08/23/2012)

RECAP
Aug. 23, 2012

NOTICE TO COUNSEL - Counsel should file a Notice of Appearance pursuant to Local Civil Rule 5.2(a). (Heath, D.)

6 Aug. 24, 2012

NOTICE of Appearance by Travis W. England on behalf of United States of America (England, Travis) (Entered: 08/24/2012)

RECAP
7 Aug. 24, 2012

NOTICE of Appearance by Anne S. Raish on behalf of United States of America (Raish, Anne) (Entered: 08/24/2012)

RECAP
8 Aug. 29, 2012

NOTICE of Appearance by Lisa G. Corbett on behalf of State of North Carolina (Corbett, Lisa) (Entered: 08/29/2012)

RECAP
Sept. 5, 2012

Motion Submitted to Senior Judge James C. Fox: 2 Joint MOTION to Dismiss Without Prejudice and Retain Jurisdiction. (Edwards, S.)

9 Sept. 7, 2012

NOTICE by United States of America of Service (Attachments: # 1 Exhibit A) (Welan, Joy) (Entered: 09/07/2012)

RECAP
10 Sept. 11, 2012

NOTICE by United States of America of Service (Attachments: # 1 Exhibit A -- Postal Service Form 3811: Return Receipt Proof of Service) (England, Travis) (Entered: 09/11/2012)

RECAP
Sept. 11, 2012

NOTICE OF DEFICIENCY regarding: 9 Notice-(other). Failure to identify exhibit pursuant to Section L(2)(b) of the Court's Electronic Policy and Procedure Manual. Counsel is directed to refile the Notice and identify the exhibit. (Heath, D.)

11 Sept. 14, 2012

MOTION for Extension of Time to File Answer regarding 1 Complaint by State of North Carolina. (Attachments: # 1 Text of Proposed Order) (Corbett, Lisa) (Entered: 09/14/2012)

RECAP
Sept. 15, 2012

MOTION REFERRED Julie A. Richards, Clerk of Court: 11 MOTION for Extension of Time to File Answer regarding 1 Complaint. (Edwards, S.)

12 Sept. 17, 2012

ORDER granting 11 Motion for Extension of Time to Answer. Signed by Julie A. Richards, Clerk of Court on 9/17/2012. (Marsh, K) (Entered: 09/17/2012)

RECAP
13 Oct. 5, 2012

ORDER granting 2 Motion to Dismiss. Counsel is reminded to read the order in its entirety for further information. Signed by Senior Judge James C. Fox on 10/5/2012. (Edwards, S.) (Entered: 10/05/2012)

RECAP
14 Jan. 9, 2017

Notice of Appearance filed by Julia M. Graff on behalf of United States of America. (Graff, Julia) (Entered: 01/09/2017)

RECAP
15 Jan. 9, 2017

MOTION to Enforce Settlement Agreement (D.E. 2-2) filed by United States of America. (Attachments: # 1 Memorandum in Support of Motion to Enforce Settlement Agreement, with Proposed Order, # 2 Exhibit List, # 3 Exhibit A - Letter of Findings (July 28, 2011), # 4 Exhibit B - July 2014 Monthly Report (Aug. 25, 2014), # 5 Exhibit C - June 2014 Monthly Report (undated), # 6 Exhibit D - May 2014 Monthly Report (undated), # 7 Exhibit E, - April 2014 Monthly Report (undated) # 8 Exhibit F - August 2014 Monthly Report (Sept. 25, 2014), # 9 Exhibit G - January 2015 Monthly Report (Feb. 25, 2015), # 10 Exhibit H - Letter from Nicholas Lee to Lisa Corbett (Mar. 17, 2015), # 11 Exhibit I - Letter from Lisa Corbett to Nicholas Lee (June 29, 2015), # 12 Exhibit J - May 2016 Letter from North Carolina (May 27, 2016), # 13 Exhibit K - June 2015 Monthly Report (July 27, 2015), # 14 Exhibit L - August 2015 Monthly Report (Sept. 30, 2015), # 15 Exhibit M - Letter from Nicholas Lee to Roy Cooper and Richard Brajer (11/6/15), # 16 Exhibit N - Letter from Richard Brajer to Nicholas Lee (Dec. 22, 2015), # 17 Exhibit O - Letter from Nicholas Lee to Roy Cooper and Richard Brajer (3/24/16), # 18 Exhibit P - Letter from Teresa Yeh to Roy Cooper and Richard Brajer (10/21/16), # 19 Exhibit Q, - June 2016 Monthly Report (July 28, 2016) # 20 Exhibit R - N.C. Supportive Housing Corrective Action Plan (June 3, 2016), # 21 Exhibit S - November 2016 Monthly Report (Dec. 29, 2016), # 22 Exhibit T - Year One Summary (Aug. 7, 2013), # 23 Exhibit U - Transitions to Community Living Update as of January 6, 2014, # 24 Exhibit V - Supported Employment Strategic Plan (Sept. 2014), # 25 Exhibit W, - December 2014 Monthly Report (Jan. 27, 2015) # 26 Exhibit X - 2014 Annual Report (May 15, 2015), # 27 Exhibit Y - July 2015 Monthly Report (Aug. 25, 2015), # 28 Exhibit Z) (Graff, Julia) Modified on 3/22/2017 to identify exhibits. (Grady, B.) (Entered: 01/09/2017)

RECAP
16 Jan. 9, 2017

Notice of Appearance filed by Julia M. Graff on behalf of United States of America. (Graff, Julia) (Entered: 01/09/2017)

RECAP
17 Jan. 9, 2017

Notice of Appearance filed by Teresa Yeh on behalf of United States of America. (Yeh, Teresa) (Entered: 01/09/2017)

RECAP
Jan. 9, 2017

Reminder to Counsel - Judge Fox

Jan. 9, 2017

Notice of Deficiency

Jan. 9, 2017

NOTICE OF DEFICIENCY regarding 14 Notice of Appearance. Counsel is directed to flatten the notice of appearance and refile in accordance with Section B(3) of the CM/ECF Policies and Procedures Manual. Additionally, counsel should include a certificate of service. (Grady, B.)

Jan. 9, 2017

REMINDER TO COUNSEL. Pursuant to Judge Fox's Practice Preferences located on the court's website, counsel shall provide a courtesy copy of lengthy briefs, by mailing or delivering to the clerk's office in Wilmington. Also, in the future, counsel should properly identify exhibits in the docket text pursuant to Section L of the CM/ECF Policies and Procedures Manual. (Grady, B.)

18 Jan. 11, 2017

Notice of Appearance filed by Michael T. Wood on behalf of State of North Carolina. (Wood, Michael) (Entered: 01/11/2017)

RECAP
19 Jan. 11, 2017

Notice of Appearance filed by Brian D. Rabinovitz on behalf of State of North Carolina. (Rabinovitz, Brian) (Entered: 01/11/2017)

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20 Jan. 13, 2017

Notice of Appearance filed by Josephine N. Tetteh on behalf of State of North Carolina. (Tetteh, Josephine) (Entered: 01/13/2017)

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21 Jan. 13, 2017

Notice filed by State of North Carolina Withdrawal. (Tetteh, Josephine) (Entered: 01/13/2017)

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22 Jan. 25, 2017

Consent MOTION for Extension of Time to File Response/Reply as to 15 MOTION to Enforce Settlement Agreement (D.E. 2-2) filed by State of North Carolina. (Attachments: # 1 Text of Proposed Order Proposed order) (Wood, Michael) (Entered: 01/25/2017)

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Jan. 25, 2017

Motion Referred to Clerk

Jan. 25, 2017

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

Jan. 25, 2017

Motion Referred to Julie Richards Johnston, Clerk of Court: 22 Consent MOTION for Extension of Time to File Response as to 15 MOTION to Enforce Settlement Agreement. (Grady, B.)

Jan. 25, 2017

TEXT ORDER granting the consent motion for extension of time 22 . Defendant shall have up to and including March 1, 2017 to respond to the plaintiff's motion to enforce settlement agreement 15 . Plaintiff's reply in support of the motion, if any, shall be due within 21 days after defendant's response is filed. Signed by Julie Richards Johnston, Clerk of Court on 1/25/2017. (Hockaday, A.)

23 March 1, 2017

Memorandum in Opposition regarding 15 MOTION to Enforce Settlement Agreement (D.E. 2-2) filed by State of North Carolina. (Attachments: # 1 Index Exhibit Index, # 2 Exhibit 1-Ltr from Brajer to Gupta 10-15-15, # 3 Exhibit 2-January 2017 Monthly Report, # 4 Exhibit 3-2015 Annual Report 10-14-15, # 5 Exhibit 4-Corrective Action Plan 12-22-15, # 6 Exhibit 5-Supportive Housing Corrective Action Plan 6-3-16, # 7 Exhibit 6-Supported Employment Corrective Action Plan 6-3-16, # 8 Exhibit 7-Services and Support Corrective Action Plan 6-3-16, # 9 Exhibit 8-2016 Annual Report 10-1-16, # 10 Exhibit 9-Declaration of Jessica Keith 3-1-17, # 11 Exhibit 10-Affidavit of Al Delia 2-28-17, # 12 Exhibit 11-Affidavit of Tara Larson 2-28-17, # 13 Exhibit 12-Affidavit of Beth Melcher 2-28-17, # 14 Exhibit 13-December 2016 Monthly Report) (Wood, Michael) (Entered: 03/01/2017)

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24 March 6, 2017

Notice of Appearance filed by G. Norman Acker, III on behalf of United States of America. (Acker, G.) (Entered: 03/06/2017)

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25 March 22, 2017

REPLY to Response to Motion regarding 15 MOTION to Enforce Settlement Agreement (D.E. 2-2) filed by United States of America. (Yeh, Teresa) (Entered: 03/22/2017)

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March 22, 2017

Motion Submitted

March 22, 2017

Motion Submitted to Senior Judge James C. Fox: 15 MOTION to Enforce Settlement Agreement (D.E. 2-2). (Grady, B.)

26 June 21, 2017

Notice filed by United States of America regarding 25 Reply to Response to Motion to Enforce the Settlement Agreement. (Attachments: # 1 Exhibit Letter from Martha Knisley) (Yeh, Teresa) (Entered: 06/21/2017)

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27 June 22, 2017

TEXT ORDER REASSIGNING CASE. At the direction of the Court, this case is reassigned to Chief Judge James C. Dever, III for all further proceedings. Senior Judge James C. Fox is no longer assigned to case. All future filings shall reflect the revised case number of 5:12-CV-557-D. Any previously scheduled hearings will be rescheduled. Entered by Peter A. Moore, Jr., Clerk of Court on 6/22/2017. (Powers, S.) (Entered: 06/22/2017)

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June 22, 2017

1 Fox Order Reassigning Case

June 27, 2017

Motion No Longer Submitted to Senior Judge James C. Fox: regarding 15 MOTION to Enforce Settlement Agreement (D.E. 2-2). (Briggeman, N.)

June 27, 2017

Motion Submitted

June 27, 2017

Motion No Longer Submitted

June 27, 2017

Motion Submitted to Chief Judge James C. Dever III: regarding 15 MOTION to Enforce Settlement Agreement (D.E. 2-2). (Briggeman, N.)

28 Sept. 20, 2017

Notice of Withdrawal as Attorney filed by United States of America. (Graff, Julia) Modified on 9/21/2017 - changed text to correspond with document filed. (Briggeman, N.) (Entered: 09/20/2017)

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29 Sept. 21, 2017

ORDER granting in part and denying in part 15 Motion to Enforce Settlement Agreement (D.E. 2-2). The parties shall negotiate in good faith and file any agreed-to modifications by October 27,2017. Signed by Chief Judge James C. Dever III on 9/21/2017. (Briggeman, N.)

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30 Oct. 27, 2017

Joint MOTION to Enter Modification of Settlement Agreement and Extend Jurisdiction regarding 29 Order on Motion for Miscellaneous Relief, filed by United States of America. (Attachments: # 1 Exhibit Modification of Settlement Agreement, # 2 Text of Proposed Order Proposed Consent Order Entering Modification of Settlement Agreement and Extending Jurisdiction) (Graff, Julia) (Entered: 10/27/2017)

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31 Oct. 27, 2017

NOTICE of Withdrawal of Governmental Counsel filed by United States of America. (Graff, Julia) Modified on 10/27/2017 - changed docket text to correctly reflect document filed. (Briggeman, N.) (Entered: 10/27/2017)

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Oct. 27, 2017

Motion Submitted

Oct. 27, 2017

Motion Submitted to Chief Judge James C. Dever III: regarding 30 Joint MOTION to Enter Modification of Settlement Agreement and Extend Jurisdiction regarding 29 Order on Motion for Miscellaneous Relief. (Briggeman, N.)

32 Nov. 1, 2017

ORDER granting 30 Motion to Enter Modification of Settlement Agreement and Extend Jurisdiction regarding 29 Order on Motion for Miscellaneous Relief. Signed by Chief Judge James C. Dever III on 11/1/2017. (Briggeman, N.)

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33 June 6, 2018

Consent MOTION for Protective Order filed by United States of America. (Attachments: # 1 Text of Proposed Order for Consent Protective Order) (Graff, Julia) (Entered: 06/06/2018)

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34 June 6, 2018

CONSENT PROTECTIVE ORDER - Signed by Chief Judge James C. Dever III on 6/6/2018. (Briggeman, N.)

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35 Jan. 17, 2020

Notice of Substitution of Counsel filed by Joshua L. Rogers on behalf of United States of America substituting for G. Norman Acker, III. (Rogers, Joshua) (Entered: 01/17/2020)

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36 Oct. 21, 2020

Joint MOTION to Enter Second Modification of Settlement Agreement filed by United States of America. (Attachments: # 1 Exhibit Modification Agreement, # 2 Text of Proposed Order) (Graff, Julia) (Entered: 10/21/2020)

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37 Oct. 21, 2020

ORDER granting 36 Motion to Enter Second Modification of Settlement Agreement. Signed by District Judge James C. Dever, III on 10/21/2020. (Stouch, L.) (Entered: 10/21/2020)

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38 Dec. 17, 2020

Notice of Substitution of Counsel filed by Joshua B. Royster on behalf of United States of America substituting for Joshua L. Rogers. (Royster, Joshua) (Entered: 12/17/2020)

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39 March 1, 2021

Joint MOTION to Enter Third Modification of Settlement Agreement filed by United States of America. (Attachments: # 1 Exhibit Modification Agreement, # 2 Text of Proposed Order) (Graff, Julia) (Entered: 03/01/2021)

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40 March 1, 2021

ORDER granting 39 Motion to Enter Third Modification of Settlement Agreement. Signed by District Judge James C. Dever III on 3/1/2021. (Sellers, N.)

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March 1, 2021

Motion Submitted to District Judge James C. Dever III regarding 39 Joint MOTION to Enter Third Modification of Settlement Agreement. (Sellers, N.)

March 1, 2021

Motion Submitted

41 March 26, 2021

Joint MOTION to Enter Fourth Modification of Settlement Agreement filed by United States of America. (Attachments: # 1 Exhibit Modification Agreement, # 2 Text of Proposed Order) (Graff, Julia) (Entered: 03/26/2021)

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March 26, 2021

Motion Submitted to District Judge James C. Dever III regarding 41 Joint MOTION to Enter Fourth Modification of Settlement Agreement. (Sellers, N.)

March 26, 2021

Motion Submitted

42 March 29, 2021

ORDER granting 41 Motion to Enter Fourth Modification of Settlement Agreement. Signed by District Judge James C. Dever III on 3/29/2021. (Sellers, N.)

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43 March 1, 2022

MOTION to Enjoin filed by Gwendolyn Dianne Wilkes. (Attachments: # 1 Letter to Dr. Wilkes re: Termination of Physician/Patient Relationship dated January 5, 2022, # 2 Motion for Appointment of Independent Counsel, # 3 Motion for Summary Judgment, # 4 Amicus Brief for Qui Tam, # 5 Attachment 1 - "Lady Justice Weeps", # 6 Attachment 2 - G. Dianne Wilkes' CV, # 7 Attachment 3 - Articles of Incorporation & By Laws - People Improving Perpetuity AKA PIP (Combined)) (Sellers, N.) (Entered: 03/01/2022)

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44 March 1, 2022

ORDER dismissing 43 Motion to Enjoin. Signed by District Judge James C. Dever III on 3/1/2022. Sent to Dr. Dianne Wilkes at 5333 Roan Mountain Place Raleigh, North Carolina 27613-5667 via US Mail. (Sellers, N.)

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45 March 1, 2023

Joint MOTION to Enter Fifth Modification of Settlement Agreement filed by United States of America. (Attachments: # 1 Exhibit Fifth Modification Agreement, # 2 Text of Proposed Order) (Graff, Julia) (Entered: 03/01/2023)

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March 2, 2023

Motion Submitted to District Judge James C. Dever III regarding 45 Joint MOTION to Enter Fifth Modification of Settlement Agreement. (Mann, Stephanie)

March 2, 2023

Motion Submitted

46 March 6, 2023

Consent Order granting 45 Motion for Fifth Modification of Settlement Agreement. Signed by District Judge James C. Dever III on 3/6/2023. (Mann, Stephanie)

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47 Dec. 11, 2024

Joint MOTION to Enter Sixth Modification of Settlement Agreement filed by State of North Carolina, United States of America. (Attachments: # 1 Exhibit 1 -- Sixth Modification of Settlement Agreement, # 2 Text of Proposed Order Text of Proposed Order) (Wood, Michael) (Entered: 12/11/2024)

1 Exhibit 1 -- Sixth Modification of Settlement Agreement

View on PACER

2 Text of Proposed Order Text of Proposed Order

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48 Dec. 12, 2024

ORDER granting 47 Motion for Sixth Modification of Settlement Agreement. Signed by District Judge James C. Dever III on 12/12/2024. (Mann, Stephanie)

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Dec. 12, 2024

Motion Submitted to District Judge James C. Dever III regarding 47 Joint MOTION to Enter Sixth Modification of Settlement Agreement. (Mann, Stephanie)

Dec. 12, 2024

Motion Submitted

49 May 16, 2025

Notice of Appearance filed by H. Justin Park on behalf of United States of America. (Park, H.) (Entered: 05/16/2025)

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50 May 16, 2025

Notice of Withdrawal of Counsel filed by H. Justin Park on behalf of United States of America substituting for Julia M. Graff. (Park, H.) Modified on 5/19/2025 (Mann, Stephanie). (Entered: 05/16/2025)

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51 Jan. 5, 2026

Notice of Substitution of Counsel filed by Katherine Blass Asaro on behalf of United States of America substituting for Joshua B. Royster. (Asaro, Katherine) (Entered: 01/05/2026)

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52 Sept. 11, 2026

Notice of Appearance filed by Matthew Lee Fesak on behalf of United States of America. (Fesak, Matthew)

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53 Sept. 11, 2026

Joint MOTION to terminate the Settlement Agreement filed by United States of America. (Attachments: (1) Text of Proposed Order) (Fesak, Matthew)

1 Text of Proposed Order

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54 Sept. 11, 2026

Memorandum in Support regarding [53] Joint MOTION to terminate the Settlement Agreement filed by United States of America. (Attachments: (1) Exhibit A - Fiscal Year 2025 Annual Report of the Reviewer) (Fesak, Matthew)

1 Exhibit A - Fiscal Year 2025 Annual Report of the Reviewer

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55 Sept. 14, 2026

ORDER granting [53] Motion to terminate settlement and close the case. Signed by District Judge James C. Dever III on 9/14/2026. (Harrison, A)

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Sept. 14, 2026

Motion Submitted to District Judge James C. Dever III regarding 53 Joint MOTION to terminate the Settlement Agreement . (Harrison, A)

Case Details

State / Territory:

North Carolina

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Multi-LexSum (in sample)

Olmstead Cases

Key Dates

Filing Date: Aug. 23, 2012

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

The United States filed this complaint on behalf of individuals with mental illness in North Carolina who are unnecessarily housed in adult care homes or placed at risk of such institutionalization by the state's policies.

Plaintiff Type(s):

U.S. Dept of Justice plaintiff

Attorney Organizations:

Bazelon Center

U.S. Dept. of Justice Civil Rights Division

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State

State of North Carolina

Defendant Type(s):

Jurisdiction-wide

Facility Type(s):

Government-run

Case Details

Causes of Action:

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

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

Other Dockets:

Eastern District of North Carolina 5:12-cv-00557

Available Documents:

Complaint (any)

Findings Letter/Report

Injunctive (or Injunctive-like) Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Discrimination Prohibition

Monitoring

Reasonable Accommodation

Order Duration: 2012 - 2021

Issues

General/Misc.:

Classification / placement

Individualized planning

Benefits (Source):

Medicaid

Disability and Disability Rights:

Depression

Integrated setting

Least restrictive environment

Mental Illness, Unspecified

Mental impairment

Schizophrenia

Discrimination Basis:

Disability (inc. reasonable accommodations)

Jails, Prisons, Detention Centers, and Other Institutions:

Deinstitutionalization/decarceration

Placement in mental health facilities

Medical/Mental Health Care:

Mental health care, general

Mental health care, unspecified

Recommended Citation