1
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NEW CASE/REDACTED COMPLAINT. Filing fee $ 350, receipt number 0102-838915 filed by Jeffrey D.; Sharon B., by her guardian, Office of Public Guardian, Inc.; Kenneth R., by his guardian, Tri-County CAP, Inc./GS;, Amanda D., by her guardian, Louise Dube; Lynn E., by her guardian, Barry Ellsworth; Amanda E., by her guardian, Office of Public Guardian, Inc. (Attachments: # 1 Civil Cover Sheet, Notice of Conventional Filing-Civil Cover Sheet, # 2 Summons - Waiver Notice of Conventional Filing-Summons for John H. Lynch, # 3 Summons - Waiver Notice of Conventional Filing-Summons for Nicholas A. Toumpas, # 4 Summons - Waiver Notice of Conventional Filing-Summons for Nancy L. Rollins, # 5 Summons - Waiver Notice of Conventional Filing-Summons for Mary Ann Cooney, # 6 Summons - Waiver Notice of Conventional Filing-Summons for Erik G. Riera)(Will, Daniel) (Entered: 02/09/2012)
1 Civil Cover Sheet Notice of Conventional Filing-Civil Cover Sheet
View on PACER
2 Summons - Waiver Notice of Conventional Filing-Summons for John H. Lynch
View on PACER
3 Summons - Waiver Notice of Conventional Filing-Summons for Nicholas A. Toumpas
View on PACER
4 Summons - Waiver Notice of Conventional Filing-Summons for Nancy L. Rollins
View on PACER
5 Summons - Waiver Notice of Conventional Filing-Summons for Mary Ann Cooney
View on PACER
6 Summons - Waiver Notice of Conventional Filing-Summons for Erik G. Riera
View on PACER
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Feb. 9, 2012
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Feb. 9, 2012
RECAP
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6
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NOTICE of Assignment to U.S. Magistrate Judge sent to plaintiff(s) for service on all parties.(jeb) (Entered: 02/10/2012)
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Feb. 10, 2012
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Feb. 10, 2012
PACER
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Summonses issued by Mail as to NH Bureau of Behavioral Health, Administrator, NH Department of Health and Human Services, Commissioner, NH Department of Health and Human Services, Community Based Care Services, Associate Commissioner, NH Department of Health and Human Services, Direct Programs/Operations, NH Governor. Notice ECF (USDCNH-91) and NOTICE of Assignment to Magistrate Judge (USDCNH-54) attached to the summonses. (jeb)
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Feb. 10, 2012
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Feb. 10, 2012
PACER
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NOTICE. This case has been designated for Electronic Case Filing. All further submissions shall be filed in compliance with the Administrative Procedures for Electronic Case Filing. Pro se litigants are not required to file electronically and may continue to file documents in paper format. Persons filing electronically are strongly encouraged to complete the interactive training modules available on the courts website. To access these modules, click HERE.(jeb)
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Feb. 10, 2012
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Feb. 10, 2012
PACER
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Case assigned to Magistrate Judge Landya B. McCafferty. The case designation is: 1:12-cv-53-LM. Please show this number with the judge designation on all future pleadings. (jeb)
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Feb. 10, 2012
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Feb. 10, 2012
PACER
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7
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NOTICE of Attorney Appearance by Elaine M. Michaud on behalf of Jeffrey D., Office of Public Guardian, Inc. o/b/o Sharon B., Tri-County CAP, Inc../GS, Louise Dube, Barry Ellsworth, Office of Public Guardian, Inc. o/b/o Amanda E. (Michaud, Elaine) (Entered: 02/13/2012)
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Feb. 13, 2012
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Feb. 13, 2012
PACER
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8
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NOTICE of Attorney Appearance by Kristen Renae Blanchette on behalf of Jeffrey D., Office of Public Guardian, Inc. o/b/o Sharon B., Tri-County CAP, Inc../GS, Louise Dube, Barry Ellsworth, Office of Public Guardian, Inc. o/b/o Amanda E. (Blanchette, Kristen) (Entered: 02/13/2012)
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Feb. 13, 2012
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Feb. 13, 2012
PACER
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9
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NOTICE of Attorney Appearance by Joshua M. Wyatt on behalf of Jeffrey D., Office of Public Guardian, Inc. o/b/o Sharon B., Tri-County CAP, Inc../GS, Louise Dube, Barry Ellsworth, Office of Public Guardian, Inc. o/b/o Amanda E. (Wyatt, Joshua) (Entered: 02/13/2012)
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Feb. 13, 2012
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Feb. 13, 2012
PACER
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10
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NOTICE of Attorney Appearance by Aaron Jesse Ginsberg on behalf of Jeffrey D., Office of Public Guardian, Inc. o/b/o Sharon B., Tri-County CAP, Inc../GS, Louise Dube, Barry Ellsworth, Office of Public Guardian, Inc. o/b/o Amanda E. Appearance A. Ginsberg (Ginsberg, Aaron) (Entered: 02/14/2012)
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Feb. 14, 2012
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Feb. 14, 2012
PACER
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11
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FILED IN ERROR. REPLACED BY DOCUMENT NO. 12. NOTICE of Attorney Appearance by Aaron Jesse Ginsberg on behalf of Jeffrey D., Office of Public Guardian, Inc. o/b/o Sharon B., Tri-County CAP, Inc../GS, Louise Dube, Barry Ellsworth, Office of Public Guardian, Inc. o/b/o Amanda E. Appearance A. Mallinson (Ginsberg, Aaron) Modified on 2/15/2012 to add: "FILED IN ERROR. REPLACED BY DOCUMENT NO. 12. (kad). (Entered: 02/14/2012)
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Feb. 14, 2012
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Feb. 14, 2012
PACER
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NOTICE of ECF Filing Error re: 11 Notice of Attorney Appearance (A. Mallinson), filed by Jeffrey D., Office of Public Guardian, Inc. o/b/o Amanda E., Barry Ellsworth, Tri-County CAP, Inc./GS, Office of Public Guardian, Inc. o/b/o Sharon B., Louise Dube. A filing user may not file for a non-filing user. Login/password used must equal the /s/ signature on the filed document. Attorney's admitted to the bar of this court and in good standing who intend to appear in an ECF case in this judicial district shall register as Filing Users of the court's ECF system by completing an on-line registration form on the court's website at www.nhd.uscourts.gov. Refer to AP 2.7, 6.1 and 6.2. If the filing party has any questions concerning this notice, please contact the judge's case manager at 603-225-1423. Notice of Compliance Deadline set for 2/24/2012.(kad)
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Feb. 14, 2012
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Feb. 14, 2012
PACER
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12
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NOTICE of Attorney Appearance by Catharine A. Mallinson on behalf of Jeffrey D., Office of Public Guardian, Inc. o/b/o Sharon B., Tri-County CAP, Inc../GS, Louise Dube, Barry Ellsworth, Office of Public Guardian, Inc. o/b/o Amanda E. Mallinson Appearance (Mallinson, Catharine) (Entered: 02/15/2012)
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Feb. 15, 2012
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Feb. 15, 2012
PACER
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13
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WAIVER OF SERVICE Returned Executed as to All Defendants by All Plaintiffs. Served/Mailed on 2/24/2012. Answer Follow Up on 4/30/2012.(Blanchette, Kristen) (Entered: 02/28/2012)
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Feb. 28, 2012
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Feb. 28, 2012
PACER
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14
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MOTION for Steven J. Schwartz to Appear Pro Hac Vice (Filing fee $ 100, Receipt # 0102-846301.) filed by Jeffrey D., Louise Dube, Barry Ellsworth, Office of Public Guardian, Inc. o/b/o Amanda E., Office of Public Guardian, Inc. o/b/o Sharon B., Tri-County CAP, Inc../GS. Follow up on Objection on 3/19/2012. (Attachments: # 1 Exhibit (Affidavit) Steven J. Schwartz Affidavit)(Blanchette, Kristen) (Entered: 03/02/2012)
1 Exhibit (Affidavit) Steven J. Schwartz Affidavit
View on PACER
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March 2, 2012
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March 2, 2012
PACER
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15
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MOTION for Kathryn L. Rucker to Appear Pro Hac Vice (Filing fee $ 100, Receipt # 0102-846303.) filed by Jeffrey D., Louise Dube, Barry Ellsworth, Office of Public Guardian, Inc. o/b/o Amanda E., Office of Public Guardian, Inc. o/b/o Sharon B., Tri-County CAP, Inc../GS. Follow up on Objection on 3/19/2012. (Attachments: # 1 Exhibit (Affidavit) Kathryn L. Rucker Affidavit)(Blanchette, Kristen) (Entered: 03/02/2012)
1 Exhibit (Affidavit) Kathryn L. Rucker Affidavit
View on PACER
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March 2, 2012
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March 2, 2012
PACER
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16
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MOTION for Ira A. Burnim to Appear Pro Hac Vice (Filing fee $ 100, Receipt # 0102-846310.) filed by Jeffrey D., Louise Dube, Barry Ellsworth, Office of Public Guardian, Inc. o/b/o Amanda E., Office of Public Guardian, Inc. o/b/o Sharon B., Tri-County CAP, Inc../GS. Follow up on Objection on 3/19/2012. (Attachments: # 1 Exhibit (Affidavit) Ira A. Burnim Affidavit)(Blanchette, Kristen) (Entered: 03/02/2012)
1 Exhibit (Affidavit) Ira A. Burnim Affidavit
View on PACER
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March 2, 2012
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March 2, 2012
PACER
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17
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MOTION for Jennifer Mathis to Appear Pro Hac Vice (Filing fee $ 100, Receipt # 0102-846312.) filed by Jeffrey D., Louise Dube, Barry Ellsworth, Office of Public Guardian, Inc. o/b/o Amanda E., Office of Public Guardian, Inc. o/b/o Sharon B., Tri-County CAP, Inc../GS. Follow up on Objection on 3/19/2012. (Attachments: # 1 Exhibit (Affidavit) Jennifer Mathis Affidavit)(Blanchette, Kristen) (Entered: 03/02/2012)
1 Exhibit (Affidavit) Jennifer Mathis Affidavit
View on PACER
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March 2, 2012
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March 2, 2012
PACER
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ENDORSED ORDER granting 17 Motion for Jennifer Mathis to Appear Pro Hac Vice. Text of Order: Granted on the condition that Jennifer Mathis complete an online ECF Registration Form within 10 days. So Ordered by Magistrate Judge Landya B. McCafferty. ECF Registration Deadline set for 3/29/2012.To access the online registration form, click HERE. Persons filing electronically are strongly encouraged to complete the interactive training modules available on the courts website. To access these modules, click HERE.(gla)
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March 15, 2012
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March 15, 2012
PACER
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ENDORSED ORDER granting 14 Motion for Steven J. Schwartz to Appear Pro Hac Vice. Text of Order: Granted on the condition that Steven J. Schwartz complete an online ECF Registration Form within 10 days. So Ordered by Magistrate Judge Landya B. McCafferty. ECF Registration Deadline set for 3/29/2012.To access the online registration form, click HERE. Persons filing electronically are strongly encouraged to complete the interactive training modules available on the courts website. To access these modules, click HERE.(gla)
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March 15, 2012
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March 15, 2012
PACER
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ENDORSED ORDER granting 16 Motion for Ira A. Burnim to Appear Pro Hac Vice. Text of Order: Granted on the condition that Ira A. Burnim complete an online ECF Registration Form within 10 days. So Ordered by Magistrate Judge Landya B. McCafferty. ECF Registration Deadline set for 3/29/2012.To access the online registration form, click HERE. Persons filing electronically are strongly encouraged to complete the interactive training modules available on the courts website. To access these modules, click HERE.(gla)
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March 15, 2012
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March 15, 2012
PACER
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ENDORSED ORDER granting 15 Motion for Kathryn L. Rucker to Appear Pro Hac Vice. Text of Order: Granted on the condition that Kathryn L. Rucker complete an online ECF Registration Form within 10 days. So Ordered by Magistrate Judge Landya B. McCafferty. ECF Registration Deadline set for 3/29/2012.To access the online registration form, click HERE. Persons filing electronically are strongly encouraged to complete the interactive training modules available on the courts website. To access these modules, click HERE.(gla)
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March 15, 2012
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March 15, 2012
PACER
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18
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Assented to MOTION to Exceed Page Limits filed by Jeffrey D., Louise Dube, Barry Ellsworth, Office of Public Guardian, Inc. o/b/o Amanda E., Office of Public Guardian, Inc. o/b/o Sharon B., Tri-County CAP, Inc../GS.(Messer, Amy) (Entered: 03/23/2012)
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March 23, 2012
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March 23, 2012
PACER
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19
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MOTION to Certify Class filed by Jeffrey D., Louise Dube, Barry Ellsworth, Office of Public Guardian, Inc. o/b/o Amanda E., Office of Public Guardian, Inc. o/b/o Sharon B., Tri-County CAP, Inc../GS. Follow up on Objection on 4/9/2012. (Attachments: # 1 Memorandum of Law, # 2 Exhibit Ex. 1, US DOJ Findings Ltr, # 3 Exhibit Ex. 2, Restoration I, # 4 Exhibit Ex. 3, Fulfilling the Promise, # 5 Exhibit Ex. 4, NOMS Data, # 6 Exhibit Ex. 5, NHH Annual Rpt, # 7 Exhibit Ex. 6, Listening Sessions, # 8 Exhibit (Affidavit) Ex. 7, Affidavit of C. A. Mallinson, # 9 Attachment to Exhibit Ex.7A, Glencliff Census Data, # 10 Exhibit Ex. 8, ADA Class Cert Cases, # 11 Exhibit Ex. 9, Institutional Placement Class Action Cases)(Messer, Amy) (Entered: 03/23/2012)
1 Memorandum of Law
View on PACER
2 Exhibit Ex. 1, US DOJ Findings Ltr
View on PACER
3 Exhibit Ex. 2, Restoration I
View on PACER
4 Exhibit Ex. 3, Fulfilling the Promise
View on PACER
5 Exhibit Ex. 4, NOMS Data
View on PACER
6 Exhibit Ex. 5, NHH Annual Rpt
View on PACER
7 Exhibit Ex. 6, Listening Sessions
View on PACER
8 Exhibit (Affidavit) Ex. 7, Affidavit of C. A. Mallinson
View on PACER
9 Attachment to Exhibit Ex.7A, Glencliff Census Data
View on PACER
10 Exhibit Ex. 8, ADA Class Cert Cases
View on PACER
11 Exhibit Ex. 9, Institutional Placement Class Action Cases
View on PACER
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March 23, 2012
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March 23, 2012
PACER
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20
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Assented to MOTION to Intervene as Plaintiff filed by United States of America. (Attachments: # 1 Memorandum of Law, # 2 Proposed Order, # 3 Exhibit One)(Farano, Richard) (Entered: 03/27/2012)
1 Memorandum of Law
View on PACER
2 Proposed Order
View on PACER
3 Exhibit One
View on PACER
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March 27, 2012
|
March 27, 2012
PACER
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ENDORSED ORDER granting 18 Motion to Exceed Page Limits. Text of Order: Granted. So Ordered by Magistrate Judge Landya B. McCafferty.(gla)
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March 27, 2012
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March 27, 2012
PACER
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21
|
Intervenor COMPLAINT filed by United States of America.(Farano, Richard) (Entered: 04/04/2012)
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April 4, 2012
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April 4, 2012
RECAP
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ENDORSED ORDER granting 20 Motion to Intervene. Text of Order: Granted. For all the reasons outlined in the United States' memorandum, the court finds that intervention is appropriate under Rule 24 as of right, Fed. R. Civ. P. 24(a)(2), and/or by permission, Fed. R. Civ. P. 24(b)(1)(B). So Ordered by Magistrate Judge Landya B. McCafferty.(gla)
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April 4, 2012
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April 4, 2012
PACER
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22
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NOTICE of Attorney Appearance by Anne M. Edwards on behalf of NH Bureau of Behavioral Health, Administrator, NH Department of Health and Human Services, Commissioner, NH Department of Health and Human Services, Community Based Care Services, Associate Commissioner, NH Department of Health and Human Services, Direct Programs/Operations, NH Governor (Edwards, Anne) (Entered: 04/05/2012)
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April 5, 2012
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April 5, 2012
PACER
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23
|
NOTICE of Attorney Appearance by Rebecca L. Woodard on behalf of NH Bureau of Behavioral Health, Administrator, NH Department of Health and Human Services, Commissioner, NH Department of Health and Human Services, Community Based Care Services, Associate Commissioner, NH Department of Health and Human Services, Direct Programs/Operations, NH Governor (Woodard, Rebecca) (Entered: 04/05/2012)
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April 5, 2012
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April 5, 2012
PACER
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24
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MOTION to Strike 19 Motion to Certify Class,,, filed by NH Bureau of Behavioral Health, Administrator, NH Department of Health and Human Services, Commissioner, NH Department of Health and Human Services, Community Based Care Services, Associate Commissioner, NH Department of Health and Human Services, Direct Programs/Operations, NH Governor. Follow up on Objection on 4/23/2012. (Attachments: # 1 Memorandum of Law Memorandum of Law in Support of Motion to Strike)(Edwards, Anne) (Entered: 04/06/2012)
1 Memorandum of Law Memorandum of Law in Support of Motion to Strike
View on PACER
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April 6, 2012
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April 6, 2012
PACER
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25
|
OBJECTION to 19 MOTION to Certify Class filed by NH Bureau of Behavioral Health, Administrator, NH Department of Health and Human Services, Commissioner, NH Department of Health and Human Services, Community Based Care Services, Associate Commissioner, NH Department of Health and Human Services, Direct Programs/Operations, NH Governor. (Edwards, Anne) (Entered: 04/06/2012)
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April 6, 2012
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April 6, 2012
PACER
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26
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Notice of Intent to Reply to Objection to 19 MOTION to Certify Class. Follow up on Reply on 4/26/2012.(Messer, Amy) (Entered: 04/09/2012)
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April 9, 2012
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April 9, 2012
PACER
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27
|
NOTICE of Attorney Appearance by Deena S. Fox on behalf of United States of America (Fox, Deena) (Entered: 04/10/2012)
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April 10, 2012
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April 10, 2012
PACER
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28
|
NOTICE of Attorney Appearance by David W. McGrath on behalf of NH Bureau of Behavioral Health, Administrator, NH Department of Health and Human Services, Commissioner, NH Department of Health and Human Services, Community Based Care Services, Associate Commissioner, NH Department of Health and Human Services, Direct Programs/Operations, NH Governor (McGrath, David) (Entered: 04/17/2012)
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April 17, 2012
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April 17, 2012
PACER
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29
|
NOTICE of Attorney Appearance by John-Mark Turner on behalf of NH Bureau of Behavioral Health, Administrator, NH Department of Health and Human Services, Commissioner, NH Department of Health and Human Services, Community Based Care Services, Associate Commissioner, NH Department of Health and Human Services, Direct Programs/Operations, NH Governor, United States of America (Turner, John-Mark) (Entered: 04/17/2012)
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April 17, 2012
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April 17, 2012
PACER
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30
|
NOTICE of Attorney Appearance by Brian David Thomas on behalf of NH Bureau of Behavioral Health, Administrator, NH Department of Health and Human Services, Commissioner, NH Department of Health and Human Services, Community Based Care Services, Associate Commissioner, NH Department of Health and Human Services, Direct Programs/Operations, NH Governor (Thomas, Brian) (Entered: 04/17/2012)
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April 17, 2012
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April 17, 2012
PACER
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31
|
NOTICE of Attorney Appearance by James Q. Shirley on behalf of NH Bureau of Behavioral Health, Administrator, NH Department of Health and Human Services, Commissioner, NH Department of Health and Human Services, Community Based Care Services, Associate Commissioner, NH Department of Health and Human Services, Direct Programs/Operations, NH Governor (Shirley, James) (Entered: 04/17/2012)
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April 17, 2012
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April 17, 2012
PACER
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32
|
ANSWER to 1 Complaint - New Case,,, filed by NH Bureau of Behavioral Health, Administrator, NH Department of Health and Human Services, Commissioner, NH Department of Health and Human Services, Community Based Care Services, Associate Commissioner, NH Department of Health and Human Services, Direct Programs/Operations, NH Governor.(Turner, John-Mark) (Entered: 04/17/2012)
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April 17, 2012
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April 17, 2012
RECAP
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33
|
MEMORANDUM in Support re 19 MOTION to Certify Class filed by United States of America. (Fox, Deena) (Entered: 04/20/2012)
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April 20, 2012
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April 20, 2012
PACER
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34
|
Assented to MOTION for Leave to File Reply filed by Jeffrey D., Louise Dube, Barry Ellsworth, Office of Public Guardian, Inc. o/b/o Amanda E., Office of Public Guardian, Inc. o/b/o Sharon B., Tri-County CAP, Inc../GS. (Attachments: # 1 Exhibit Reply to Obj to Class Cert, # 2 Attachment to Exhibit Affidavit in Support of Reply, # 3 Attachment to Exhibit Affidavit in Support of Reply)(Messer, Amy) (Entered: 04/20/2012)
1 Exhibit Reply to Obj to Class Cert
View on PACER
2 Attachment to Exhibit Affidavit in Support of Reply
View on PACER
3 Attachment to Exhibit Affidavit in Support of Reply
View on PACER
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April 20, 2012
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April 20, 2012
PACER
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35
|
Assented to MOTION to Exceed Page Limit filed by Jeffrey D., Louise Dube, Barry Ellsworth, Office of Public Guardian, Inc. o/b/o Amanda E., Office of Public Guardian, Inc. o/b/o Sharon B., Tri-County CAP, Inc../GS.(Messer, Amy) (Entered: 04/20/2012)
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April 20, 2012
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April 20, 2012
PACER
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36
|
OBJECTION to 24 MOTION to Strike 19 Motion to Certify Class,,, filed by Jeffrey D., Louise Dube, Barry Ellsworth, Office of Public Guardian, Inc. o/b/o Amanda E., Office of Public Guardian, Inc. o/b/o Sharon B., Tri-County CAP, Inc../GS. (Messer, Amy) (Entered: 04/20/2012)
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April 20, 2012
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April 20, 2012
PACER
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|
NOTICE OF PRETRIAL CONFERENCE. Pretrial Conference set for 5/22/2012 10:00 AM before Magistrate Judge Landya B. McCafferty. Follow up on Discovery Plan 5/16/2012.(kad)
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April 20, 2012
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April 20, 2012
PACER
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37
|
CERTIFICATE OF SERVICE by Jeffrey D., Office of Public Guardian, Inc. o/b/o Sharon B., Tri-County CAP, Inc../GS, Louise Dube, Barry Ellsworth, Office of Public Guardian, Inc. o/b/o Amanda E. re: 36 Objection to Motion, (Ginsberg, Aaron) (Entered: 04/23/2012)
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April 23, 2012
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April 23, 2012
PACER
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38
|
NOTICE of Intent to Move for Leave to File Reply to Plaintiffs' Objection to Motion to Strike by NH Bureau of Behavioral Health, Administrator, NH Department of Health and Human Services, Commissioner, NH Department of Health and Human Services, Community Based Care Services, Associate Commissioner, NH Department of Health and Human Services, Direct Programs/Operations, NH Governor.(Turner, John-Mark) (Entered: 04/23/2012)
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April 23, 2012
|
April 23, 2012
PACER
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39
|
NOTICE of Intent to Move for Leave to File Surreply to Plaintiffs' Reply to Defendants' Objection to Class Certification Motion by NH Bureau of Behavioral Health, Administrator, NH Department of Health and Human Services, Commissioner, NH Department of Health and Human Services, Community Based Care Services, Associate Commissioner, NH Department of Health and Human Services, Direct Programs/Operations, NH Governor.(Turner, John-Mark) (Entered: 04/23/2012)
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April 23, 2012
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April 23, 2012
PACER
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NOTICE of ECF Filing Error re: 36 Objection to Motion, filed by Jeffrey D., Office of Public Guardian, Inc. o/b/o Amanda E., Barry Ellsworth, Tri-County CAP, Inc./GS, Office of Public Guardian, Inc. o/b/o Sharon B., Louise Dube. No certificate of service. Filer shall file a certificate of service using the Certificate of Service event and link the filing back to originally filed document. If the filing party has any questions concerning this notice, please contact the judge's case manager at 603-225-1423. Notice of Compliance Deadline set for 5/3/2012.(kad)
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April 23, 2012
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April 23, 2012
PACER
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NOTICE of ECF Filing Error re: 34 Assented to MOTION for Leave to File Reply filed by Jeffrey D., Office of Public Guardian, Inc. o/b/o Amanda E., Barry Ellsworth, Tri-County CAP, Inc./GS, Office of Public Guardian, Inc. o/b/o Sharon B., Louise Dube. Consistent with Supplemental Rules of Electronic Case Filing, affidavits prepared in the context of the litigation shall be filed in electronically converted PDF format and shall contain a /s/ signature for both the signator and the notary/jurat. NO ACTION REQUIRED - FOR INFORMATIONAL PURPOSES ONLY AND MERELY INTENDED TO EDUCATE ALL PARTIES IN THE CASE. If the filing party has any questions concerning this notice, please contact the judge's case manager at 603-225-1423.(kad)
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April 23, 2012
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April 23, 2012
PACER
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40
|
REPLY to Objection to Motion re 19 MOTION to Certify Class filed by Jeffrey D., Louise Dube, Barry Ellsworth, Office of Public Guardian, Inc. o/b/o Amanda E., Office of Public Guardian, Inc. o/b/o Sharon B., Tri-County CAP, Inc../GS. (Attachments: # 1 Exhibit (Affidavit), # 2 Exhibit (Affidavit))(Messer, Amy) (Entered: 04/24/2012)
1 Exhibit (Affidavit)
View on PACER
2 Exhibit (Affidavit)
View on PACER
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April 24, 2012
|
April 24, 2012
PACER
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|
ENDORSED ORDER granting 34 Motion for Leave to File Reply. Text of Order: Granted. Within 48 hours counsel shall electronically refile the pleading attached to the Motion for Leave to File using the appropriate event in CMECF. So Ordered by Magistrate Judge Landya B. McCafferty.(gla)
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April 24, 2012
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April 24, 2012
PACER
|
|
NOTICE OF PRETRIAL CONFERENCE. Pretrial Conference set for 5/24/2012 10:30 AM before Magistrate Judge Landya B. McCafferty. Follow up on Discovery Plan 5/17/2012.(kad)
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April 24, 2012
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April 24, 2012
PACER
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ENDORSED ORDER granting 35 Motion to Exceed Page Limit. Text of Order: Granted. So Ordered by Magistrate Judge Landya B. McCafferty.(gla)
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April 24, 2012
|
April 24, 2012
PACER
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|
Deadlines terminated re: 4/24/2012 Notice of Pretrial Conference - NOTICE FILED IN ERROR - PLEASE DISREGARD. PRETRIAL CONFERENCE is already set for 5/22/2012 10:00 AM before Magistrate Judge Landya B. McCafferty. Follow up on Discovery Plan 5/16/2012.(kad) (kad)
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April 25, 2012
|
April 25, 2012
PACER
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41
|
NO CONSENT to Jurisdiction by U.S. Magistrate Judge. Because not all parties to the case consent to the assignment of a United States Magistrate Judge for all purposes including trial, pursuant to Fed. R. Civ. P. 73, 28 U.S.C. sec. 636(c), and Local Rule 73.1(b)(2), the case will be assigned to a United States District Judge. Clerk James R. Starr. (Blanchette, Kristen) (Entered: 05/01/2012)
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May 1, 2012
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May 1, 2012
PACER
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|
Case reassigned to Judge Steven J. McAuliffe. Reason for Reassignment: not all parties to the case consent to the assignment of a United States Magistrate Judge. The new case designation is: 12-cv-53-SM. Please show this number with the correct judge designation on all further pleadings.(kad)
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May 1, 2012
|
May 1, 2012
PACER
|
42
|
CERTIFICATE OF SERVICE by Jeffrey D., Office of Public Guardian, Inc. o/b/o Sharon B., Tri-County CAP, Inc../GS, Louise Dube, Barry Ellsworth, Office of Public Guardian, Inc. o/b/o Amanda E. re: 41 Magistrate Judge Assignment--Consent/Objection, (Wyatt, Joshua) (Entered: 05/02/2012)
|
May 2, 2012
|
May 2, 2012
PACER
|
|
NOTICE of ECF Filing Error re: 41 Magistrate Judge Assignment--Consent/Objection, filed by Jeffrey D., Office of Public Guardian, Inc. o/b/o Amanda E., Barry Ellsworth, Tri-County CAP, Inc../GS, Office of Public Guardian, Inc. o/b/o Sharon B., Louise Dube. No certificate of service. Filer shall file a certificate of service using the Certificate of Service event and link the filing back to originally filed document. If the filing party has any questions concerning this notice, please contact the judge's case manager at 603-225-1423. Notice of Compliance Deadline set for 5/14/2012.(kad)
|
May 2, 2012
|
May 2, 2012
PACER
|
43
|
Assented to MOTION to Extend Time to File Motion for Leave to File Reply filed by NH Bureau of Behavioral Health, Administrator, NH Department of Health and Human Services, Commissioner, NH Department of Health and Human Services, Community Based Care Services, Associate Commissioner, NH Department of Health and Human Services, Direct Programs/Operations, NH Governor.(Turner, John-Mark) (Entered: 05/03/2012)
|
May 3, 2012
|
May 3, 2012
PACER
|
|
ENDORSED ORDER granting 43 Motion to Extend Time to file. Text of Order: Granted. So Ordered by Judge Steven J. McAuliffe.(lat)
|
May 4, 2012
|
May 4, 2012
PACER
|
44
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WAIVER OF SERVICE Returned Executed as to NH Governor and State of New Hampshire by United States of America. Served/Mailed on 4/4/2012. Answer Follow Up on 6/11/2012.(Farano, Richard) (Entered: 05/08/2012)
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May 8, 2012
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May 8, 2012
PACER
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45
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AMENDED ANSWER to 1 Complaint - New Case,,, by NH Bureau of Behavioral Health, Administrator, NH Department of Health and Human Services, Commissioner, NH Department of Health and Human Services, Community Based Care Services, Associate Commissioner, NH Department of Health and Human Services, Direct Programs/Operations, NH Governor.(Turner, John-Mark) (Entered: 05/08/2012)
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May 8, 2012
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May 8, 2012
PACER
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46
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MOTION for Hearing re 24 MOTION to Strike 19 Motion to Certify Class,,,, 19 MOTION to Certify Class filed by Jeffrey D., Louise Dube, Barry Ellsworth, Office of Public Guardian, Inc. o/b/o Amanda E., Office of Public Guardian, Inc. o/b/o Sharon B., Tri-County CAP, Inc../GS. Follow up on Objection on 5/29/2012.(Messer, Amy) (Entered: 05/10/2012)
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May 10, 2012
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May 10, 2012
PACER
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47
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Assented to MOTION to Exceed Page Limit filed by NH Bureau of Behavioral Health, Administrator, NH Department of Health and Human Services, Commissioner, NH Department of Health and Human Services, Community Based Care Services, Associate Commissioner, NH Department of Health and Human Services, Direct Programs/Operations, NH Governor.(Shirley, James) (Entered: 05/14/2012)
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May 14, 2012
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May 14, 2012
PACER
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48
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Assented to MOTION for Leave to File Reply to Plaintiffs' Objection to Defendants' Motion to Strike Motion for Class Certification filed by NH Bureau of Behavioral Health, Administrator, NH Department of Health and Human Services, Commissioner, NH Department of Health and Human Services, Community Based Care Services, Associate Commissioner, NH Department of Health and Human Services, Direct Programs/Operations, NH Governor. (Attachments: # 1 Exhibit 1-Reply)(Shirley, James) (Entered: 05/14/2012)
1 Exhibit 1-Reply
View on PACER
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May 14, 2012
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May 14, 2012
PACER
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49
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Proposed Discovery Plan filed by Jeffrey D., Louise Dube, Barry Ellsworth, Office of Public Guardian, Inc. o/b/o Amanda E., Office of Public Guardian, Inc. o/b/o Sharon B., Tri-County CAP, Inc../GS. (Attachments: # 1 Exhibit Scheduling Plan Table)(Messer, Amy) (Entered: 05/15/2012)
1 Exhibit Scheduling Plan Table
View on PACER
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May 15, 2012
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May 15, 2012
PACER
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50
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Proposed Discovery Plan filed by NH Bureau of Behavioral Health, Administrator, NH Department of Health and Human Services, Commissioner, NH Department of Health and Human Services, Community Based Care Services, Associate Commissioner, NH Department of Health and Human Services, Direct Programs/Operations, NH Governor. (Attachments: # 1 Attachment A - Scheduling Plan Table)(McGrath, David) (Entered: 05/15/2012)
1 Attachment A - Scheduling Plan Table
View on PACER
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May 15, 2012
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May 15, 2012
PACER
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ENDORSED ORDER granting 47 Motion to Exceed page limit; and granting 48 Motion for Leave to File reply. Text of Order: Granted So Ordered by Judge Steven J. McAuliffe.(lat)
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May 15, 2012
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May 15, 2012
PACER
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51
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OBJECTION to 46 MOTION for Hearing re 24 MOTION to Strike 19 Motion to Certify Class,,,, 19 MOTION to Certify Class filed by NH Bureau of Behavioral Health, Administrator, NH Department of Health and Human Services, Commissioner, NH Department of Health and Human Services, Community Based Care Services, Associate Commissioner, NH Department of Health and Human Services, Direct Programs/Operations, NH Governor. (McGrath, David) (Entered: 05/16/2012)
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May 16, 2012
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May 16, 2012
PACER
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52
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REPLY to Objection to Motion re 24 MOTION to Strike 19 Motion to Certify Class,,, filed by NH Bureau of Behavioral Health, Administrator, NH Department of Health and Human Services, Commissioner, NH Department of Health and Human Services, Community Based Care Services, Associate Commissioner, NH Department of Health and Human Services, Direct Programs/Operations, NH Governor. (Shirley, James) (Entered: 05/17/2012)
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May 17, 2012
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May 17, 2012
PACER
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Pretrial Conference set for 5/22/2012 10:00 AM before Magistrate Judge Landya B. McCafferty is cancelled; will be rescheduled before Judge Steven J McAuliffe at a later date. (jab)
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May 17, 2012
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May 17, 2012
PACER
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NOTICE re: 24 MOTION to Strike 19 Motion to Certify Class; 19 MOTION to Certify Class. Motion Hearing set for 6/11/2012 10:00 AM before Judge Steven J. McAuliffe.(jab)
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May 18, 2012
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May 18, 2012
PACER
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ENDORSED ORDER granting 46 Motion for Hearing. Text of Order: Granted. So Ordered by Judge Steven J. McAuliffe.(lat)
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May 18, 2012
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May 18, 2012
PACER
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53
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ANSWER to 21 Intervenor Complaint filed by NH Bureau of Behavioral Health, Administrator, NH Department of Health and Human Services, Commissioner, NH Department of Health and Human Services, Community Based Care Services, Associate Commissioner, NH Department of Health and Human Services, Direct Programs/Operations, NH Governor.(McGrath, David) (Entered: 06/04/2012)
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June 4, 2012
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June 4, 2012
PACER
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Minute Order for proceedings held before Judge Steven J. McAuliffe: MOTION HEARING held on 6/11/2012 re: 24 MOTION to Strike 19 Motion to Certify Class and 19 MOTION to Certify Class. Oral argument heard. Court denies, without prejudice to refiling after certification discovery period, plaintiffs' 19 Motion to Certify Class; denies 24 Motion to Strike 19 Motion to Certify Class. Court allows merit-based discovery to proceed for six months. Parties will try and submit a joint proposed discovery plan; if unable to agree, each party will submit its own proposed discovery plan. (Court Reporter: Susan Bateman) (Pltfs Atty: Amy Messer, Daniel Will, Catharine Mallinson, Steven Schwartz) (Intervenor Pltfs Atty: Richard Faranto, Deena Fox) (Defts Atty: Anne Edwards, James Shirley, David McGrath, John-Mark Turner)(Total Hearing Time: 2 hrs and 9 minutes) (jab)
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June 11, 2012
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June 11, 2012
PACER
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ENDORSED ORDER mooting 49 Plaintiffs' Proposed Discovery Plan; mooting 50 Defendants' Proposed Discovery Plan. Text of Order: Moot. As stipulated at the hearing on June 11, 2012, counsel will endeavor to reconcile differences in the proposed scheduling orders and file an agreed-upon plan, if possible. So Ordered by Judge Steven J. McAuliffe.(jab)
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June 13, 2012
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June 13, 2012
PACER
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54
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Assented to MOTION for Protective Order filed by Jeffrey D., Louise Dube, Barry Ellsworth, Office of Public Guardian, Inc. o/b/o Amanda E., Office of Public Guardian, Inc. o/b/o Sharon B., Tri-County CAP, Inc../GS. (Attachments: # 1 Exhibit Protective Order, # 2 Attachment to Exhibit Protective Order Agreement)(Ginsberg, Aaron) (Entered: 07/20/2012)
1 Exhibit Protective Order
View on PACER
2 Attachment to Exhibit Protective Order Agreement
View on PACER
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July 20, 2012
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July 20, 2012
PACER
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55
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PROTECTIVE ORDER. So Ordered by Judge Steven J. McAuliffe. (Attachments: # 1 Exhibit A - Protective Order Agreement)(jab) (Entered: 07/23/2012)
1 Exhibit A - Protective Order Agreement
View on PACER
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July 20, 2012
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July 20, 2012
PACER
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ENDORSED ORDER granting 54 Motion for Protective Order. Text of Order: Granted; the proposed order is adopted as an order of the court. So Ordered by Judge Steven J. McAuliffe.(jab)
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July 20, 2012
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July 20, 2012
PACER
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56
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Proposed Discovery Plan Parties' Joint filed by Jeffrey D., Louise Dube, Barry Ellsworth, Office of Public Guardian, Inc. o/b/o Amanda E., Office of Public Guardian, Inc. o/b/o Sharon B., Tri-County CAP, Inc../GS. (Attachments: # 1 Exhibit Att.A Scheduling Plan Table)(Messer, Amy) (Entered: 08/14/2012)
1 Exhibit Att.A Scheduling Plan Table
View on PACER
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Aug. 14, 2012
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Aug. 14, 2012
PACER
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ENDORSED ORDER approving 56 Parties' Joint Discovery Plan. Length of Trial 20 days. Case Track: Complex. There will be no PRETRIAL CONFERENCE. Text of Order: Approved and adopted as a pretrial scheduling order. Trial: 6/17/2014 (Bench Trial) So Ordered by Judge Steven J. McAuliffe. Ready for Trial on 6/17/2014. Summary Judgment Motions due by 2/18/2014. Class Discovery deadline 1/15/2013. Motion to Certify Class Deadline set for 1/29/2013.(jab)
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Aug. 16, 2012
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Aug. 16, 2012
PACER
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TRIAL NOTICE: Pretrial Statements due 5/19/2014. LR 16.2(d) Objections due 6/2/2014. Final Pretrial Conference set for 6/6/2014 02:00 PM before Judge Steven J. McAuliffe. Bench Trial set for the two-week period beginning 6/17/2014 09:00 AM before Judge Steven J. McAuliffe. (jab)
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Aug. 16, 2012
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Aug. 16, 2012
PACER
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57
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NOTICE of Attorney Withdrawal by Kristen Renae Blanchette on behalf of Jeffrey D., Louise Dube, Barry Ellsworth, Office of Public Guardian, Inc. o/b/o Amanda E., Office of Public Guardian, Inc. o/b/o Sharon B., Tri-County CAP, Inc../GS(Blanchette, Kristen) (Entered: 11/07/2012)
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Nov. 7, 2012
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Nov. 7, 2012
PACER
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58
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Assented to MOTION for Kristen R. Blanchette to Withdraw as Attorney filed by Jeffrey D., Louise Dube, Barry Ellsworth, Office of Public Guardian, Inc. o/b/o Amanda E., Office of Public Guardian, Inc. o/b/o Sharon B., Tri-County CAP, Inc../GS.(Blanchette, Kristen) (Entered: 11/08/2012)
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Nov. 8, 2012
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Nov. 8, 2012
PACER
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ENDORSED ORDER granting 58 Assented to Motion For Kristen Blanchette to Withdraw as Attorney. Text of Order: Granted. So Ordered by Magistrate Judge Landya B. McCafferty.(jab)
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Nov. 8, 2012
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Nov. 8, 2012
PACER
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59
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TRANSCRIPT of Proceedings for Motion Hearing held on June 11, 2012. Court Reporter: Susan Bateman, Telephone # 603 225-1453. Transcript is available for public inspection, but may not be copied or otherwise reproduced, at the Clerk's Office for a period of 90 days. Additionally, only attorneys of record and pro se parties with an ECF login and password who purchase a transcript from the court reporter will have access to the transcript through PACER during this 90-day period. If you would like to order a copy, please contact the court reporter at the above listed phone number.NOTICE: Any party who requests an original transcript has 21 days from service of this notice to determine whether it is necessary to redact any personal identifiers and, if so, to electronically file a Redaction Request. Redaction Request Follow Up 2/4/2013. Redacted Transcript Follow Up 2/14/2013. Release of Transcript Restriction set for 4/11/2013.(jab) (Entered: 01/10/2013)
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Jan. 10, 2013
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Jan. 10, 2013
PACER
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60
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MOTION to Extend Time to Complete Class Discovery and Briefing Deadlines filed by NH Bureau of Behavioral Health, Administrator, NH Department of Health and Human Services, Commissioner, NH Department of Health and Human Services, Community Based Care Services, Associate Commissioner, NH Department of Health and Human Services, Direct Programs/Operations, NH Governor. Follow up on Objection on 2/1/2013. (Attachments: # 1 Memorandum of Law in Support of Motion to Extend Class Discovery and Briefing Deadlines, # 2 Exhibit A - 07-11-2012 Plaintiffs' Second Requests for Production)(Turner, John-Mark) (Additional attachment added on 1/15/2013: # 3 Memorandum of Law (text searchable format)) (jab). (Entered: 01/15/2013)
1 Memorandum of Law in Support of Motion to Extend Class Discovery and Briefing De
View on PACER
2 Exhibit A - 07-11-2012 Plaintiffs' Second Requests for Production
View on PACER
3 Memorandum of Law (text searchable)
View on PACER
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Jan. 15, 2013
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Jan. 15, 2013
PACER
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NOTICE of ECF Filing Error re: 60 MOTION to Extend Time to Complete Class Discovery and Briefing Deadlines filed by Defendants - the memorandum of law is not text searchable. Documents must be provided in an electronically converted PDF text searchable format in accordance with A.P. 2.3(a). Filer shall e-mail a PDF text searchable copy of the memorandum to the case manager to be attached to the docket entry rather than refiling the entire document. If the filing party has any questions concerning this notice, please contact the judge's case manager at 603-225-1587. Notice of Compliance Deadline set for 1/25/2013.(jab)
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Jan. 15, 2013
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Jan. 15, 2013
PACER
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61
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OBJECTION to 60 MOTION to Extend Time to Complete Class Discovery and Briefing Deadlines filed by Jeffrey D., Louise Dube, Barry Ellsworth, Office of Public Guardian, Inc. o/b/o Amanda E., Office of Public Guardian, Inc. o/b/o Sharon B., Tri-County CAP, Inc../GS. (Messer, Amy) (Entered: 01/17/2013)
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Jan. 17, 2013
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Jan. 17, 2013
PACER
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62
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[Filed in error - wrong event used. See corrected notice, document no. 63.] NOTICE of Intent to File Motion for Leave to File Reply Memorandum by NH Bureau of Behavioral Health, Administrator, NH Department of Health and Human Services, Commissioner, NH Department of Health and Human Services, Community Based Care Services, Associate Commissioner, NH Department of Health and Human Services, Direct Programs/Operations, NH Governor.(Turner, John-Mark) Modified on 1/18/2013 to add text in brackets. (jab). (Entered: 01/18/2013)
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Jan. 18, 2013
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Jan. 18, 2013
PACER
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63
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Notice of Intent to Reply to Objection to 60 MOTION to Extend Time to Complete Class Discovery and Briefing Deadlines [Replaces document no. 62]. Follow up on Reply on 2/4/2013.(Turner, John-Mark) (Entered: 01/18/2013)
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Jan. 18, 2013
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Jan. 18, 2013
PACER
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64
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RESPONSE re 63 Notice of Intent to Reply and Request for Expedited Ruling filed by Jeffrey D., Louise Dube, Barry Ellsworth, Office of Public Guardian, Inc. o/b/o Amanda E., Office of Public Guardian, Inc. o/b/o Sharon B., Tri-County CAP, Inc../GS. (Mallinson, Catharine) (Entered: 01/18/2013)
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Jan. 18, 2013
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Jan. 18, 2013
PACER
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65
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RESPONSE re 64 Response (not to Motion), Limited Objection to Request for Expedited Ruling filed by NH Bureau of Behavioral Health, Administrator, NH Department of Health and Human Services, Commissioner, NH Department of Health and Human Services, Community Based Care Services, Associate Commissioner, NH Department of Health and Human Services, Direct Programs/Operations, NH Governor. (Turner, John-Mark) (Entered: 01/18/2013)
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Jan. 18, 2013
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Jan. 18, 2013
PACER
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NOTICE of ECF Filing Error re: 62 Notice (Other), filed by Defendants. Filer used wrong event. Filer shall refile using the Notices/Notice of Intent to Reply event and enter in docket text: Replaces document no. 62. By utilizing this event, a deadline will be set to file the motion for leave to file reply. If the filing party has any questions concerning this notice, please contact the judge's case manager at 603-225-1587. Notice of Compliance Deadline set for 1/28/2013.(jab)
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Jan. 18, 2013
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Jan. 18, 2013
PACER
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66
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RESPONSE to Motion re 60 MOTION to Extend Time to Complete Class Discovery and Briefing Deadlines filed by United States of America. (Farano, Richard) (Entered: 01/19/2013)
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Jan. 19, 2013
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Jan. 19, 2013
PACER
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67
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ORDER re 63 Notice of Intent to File Motion for Leave to file Reply Memorandum: If defendants wish to file a reply memorandum, they may do so on or before 4:00 p.m. on Thursday, January 24, 2013. ( Follow up on Reply on 1/24/2013.) So Ordered by Judge Steven J. McAuliffe.(jab) (Entered: 01/22/2013)
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Jan. 22, 2013
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Jan. 22, 2013
RECAP
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68
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MOTION to Exceed Page Limits filed by NH Bureau of Behavioral Health, Administrator, NH Department of Health and Human Services, Commissioner, NH Department of Health and Human Services, Community Based Care Services, Associate Commissioner, NH Department of Health and Human Services, Direct Programs/Operations, NH Governor. Follow up on Objection on 2/11/2013.(Turner, John-Mark) (Entered: 01/24/2013)
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Jan. 24, 2013
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Jan. 24, 2013
PACER
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69
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REPLY to Objection to Motion re 60 MOTION to Extend Time to Complete Class Discovery and Briefing Deadlines filed by NH Bureau of Behavioral Health, Administrator, NH Department of Health and Human Services, Commissioner, NH Department of Health and Human Services, Community Based Care Services, Associate Commissioner, NH Department of Health and Human Services, Direct Programs/Operations, NH Governor. (Attachments: # 1 Exhibit A - Monique D. Answer to Interrogatory No. 21, # 2 Exhibit B - Jeffrey D. 12/14/12 Response to Requests)(Turner, John-Mark) (Entered: 01/24/2013)
1 Exhibit A - Monique D. Answer to Interrogatory No. 21
View on PACER
2 Exhibit B - Jeffrey D. 12/14/12 Response to Requests
View on PACER
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Jan. 24, 2013
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Jan. 24, 2013
PACER
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70
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OBJECTION to 68 MOTION to Exceed Page Limits filed by Jeffrey D., Louise Dube, Barry Ellsworth, Office of Public Guardian, Inc. o/b/o Amanda E., Office of Public Guardian, Inc. o/b/o Sharon B., Tri-County CAP, Inc../GS. (Messer, Amy) (Entered: 01/24/2013)
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Jan. 24, 2013
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Jan. 24, 2013
PACER
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71
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ORDER denying 60 Motion to Extend Time. So Ordered by Judge Steven J. McAuliffe.(lat) (Entered: 01/28/2013)
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Jan. 28, 2013
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Jan. 28, 2013
RECAP
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ENDORSED ORDER granting 68 Motion to Exceed page limits. Text of Order: Granted. So Ordered by Judge Steven J. McAuliffe.(lat)
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Jan. 28, 2013
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Jan. 28, 2013
PACER
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