Case: Amanda D. v. Hassan

1:12-cv-00053 | U.S. District Court for the District of New Hampshire

Filed Date: Feb. 9, 2012

Case Ongoing

Clearinghouse coding complete

Case Summary

On April 7, 2011, DOJ conducted an investigation of the New Hampshire Mental Health System pursuant to the Americans with Disabilities Act (ADA). The DOJ concluded that the State of New Hampshire failed to provide sufficient community services to qualified individuals with mental illness in the most integrated setting appropriate to their needs, in violation of the ADA. The DOJ claimed in their findings letter that this violation had led to the needless and prolonged institutionalization of ind…

On April 7, 2011, DOJ conducted an investigation of the New Hampshire Mental Health System pursuant to the Americans with Disabilities Act (ADA). The DOJ concluded that the State of New Hampshire failed to provide sufficient community services to qualified individuals with mental illness in the most integrated setting appropriate to their needs, in violation of the ADA. The DOJ claimed in their findings letter that this violation had led to the needless and prolonged institutionalization of individuals with disabilities who could be served in more integrated settings in the community with adequate services and supports. This investigation led to the following lawsuit.

Filed in 2012, this class-action lawsuit challenged New Hampshire's mental health system, in the U.S. District Court for the District of New Hampshire. The plaintiffs, individuals with mental illness, alleged that the State's inadequate services led to unnecessary institutionalization primarily in two state psychiatric hospitals, New Hampshire Hospital and the Glencliff Home. They claimed that the inadequacies in mental health services amounted to violations of the ADA, Section 504 of the Rehabilitation Act, and the Nursing Home Reform Act. The plaintiffs were represented by the Bazelon Center for Mental Health Law, the Center for Public Representation, the New Hampshire Disabilities Rights Center, and private counsel. The case was assigned to Judge Steven J. McAuliffe.

The U.S. Department of Justice had earlier investigated the issues raised by this lawsuit and detailed its findings in an April 2011 letter. The DOJ found that the state lacked community-based services that would allow individuals with mental illness to avoid institutionalization. It found that many individuals who could live in the community resided in institutions or stayed much longer than they needed to because the support available upon discharge was insufficient. After this lawsuit was filed, the United States received the court's permission to intervene and filed its complaint in intervention on April 4, 2012.

On June 11, 2012, Judge McAuliffe declined to grant the Plaintiffs' first motion for class certification, instead recommending that the parties proceed to discovery in order to gather the facts necessary to certify the class. The parties then proceeded with discovery. The plaintiffs submitted a renewed motion for class certification on January 29, 2013. On September 17, 2013, Judge McAuliffe granted the Plaintiffs' motion for class certification with respect to their ADA and Section 504 claims but denied the motion with respect to their PASSAR claim. 293 F.R.D. 254. The court defined the class as all persons with mental illness who were unnecessarily institutionalized in New Hampshire Hospital or Glencliff or who were at serious risk of being unnecessarily institutionalized at one of those hospitals.

In October 2013, the parties initiated settlement negotiations. On December 19, 2013, the parties submitted a proposed settlement agreement. The agreement stipulated specific measures the State would take to improve its services to persons with mental illness, including providing mobile crisis response units, expanding on community treatment services, increasing supported housing for those with serious mental illness, expanding supported employment services, developing a transition planning service for those currently institutionalized, and developing systems for monitoring and reviewing the quality of community support services. The agreement further provided that an expert reviewer would be appointed to monitor implementation of its terms and that the court should maintain its jurisdiction over the matter until the State had achieved and maintained compliance for at least one year.

On January 2, 2014, the district court granted preliminary approval of the settlement agreement and ordered the State to notify class members of the proposed settlement. On February 12, Judge McAuliffe granted final approval of the agreement, finding it to be fair, reasonable, and in the best interests of the class. In accordance with the agreement, he awarded a total of $2.4 million to the Plaintiffs in attorneys' fees, costs, and monitoring.

As of October 29, 2017, status reports indicated that the State had made continual progress toward compliance with the terms of the settlement, but had not yet achieved full compliance. The State continued to be monitored by the expert reviewer requiring status reports twice a year, with the court maintaining jurisdiction for the purposes of enforcing the settlement.

On January 12, 2018, the parties jointly filed a status report with the court, reporting that the defendants were still working toward compliance with the settlement agreement. Additional status reports were filed on July 30, 2018, January 23, 2019, and September 12, 2019, complying with the requirement for the expert reviewer to provide status reports twice a year.

The September 12, 2019 status report concluded that “ the State continues to be far from compliant with [Community Mental Health Center (CMHA)] requirements for [Assertive Community Treatment (ACT)]” and that “the State has made minimal progress in meeting CMHA ACT requirements over the past four reporting periods.” As of January 2020, the defendants were still working toward compliance with the settlement agreement.

In the 13th expert report filed on February 1, 2021, the expert reviewer took note of the impact of the Covid-19 pandemic on the State of New Hampshire as well as on mental health facilities. The pandemic also impacted the reviewer's activities: beginning in January 2020, the expert reviewer was unable to conduct on-site visits or observations of compliance. The reviewer did participate in conference calls with State officials and representatives of the plaintiffs but conceded that the report was limited by the absence of face-to-face contact with administrators and participants.

The report highlighted several positive improvements in the nearly seven years since the settlement was reached, including implementing a Quality Service Reviews program and contracting with the Dartmouth-Hitchcock center to conduct fidelity reviews. But the reviewer acknowledged that the pandemic had delayed the State's efforts to complete the terms of the settlement agreement and the State would require an extension to fulfill its obligations.

The implementation of the settlement continues.

Summary Authors

Beth Kurtz (2/14/2013)

Lauren Latterell Powell (10/29/2017)

Jake Parker (7/2/2018)

Emma Himes (11/27/2019)

Gabrielle Simeck (4/1/2021)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5610686/parties/amanda-d-v-nh-governor/


Judge(s)

McAuliffe, Steven J. (New Hampshire)

Attorneys(s) for Plaintiff

Blanchette, Kristen Renae (New Hampshire)

Burnim, Ira Abraham (District of Columbia)

Ginsberg, Aaron Jesse (New Hampshire)

Lax, Jonathan A. (Marshall Islands)

Mallinson, Catharine A. (New Hampshire)

Mathis, Jennifer (District of Columbia)

Messer, Amy Beth (New Hampshire)

Michaud, Elaine M. (New Hampshire)

Milne, Andrew Laurence (New Hampshire)

Judge(s)

McAuliffe, Steven J. (New Hampshire)

Attorneys(s) for Plaintiff

Blanchette, Kristen Renae (New Hampshire)

Burnim, Ira Abraham (District of Columbia)

Ginsberg, Aaron Jesse (New Hampshire)

Lax, Jonathan A. (Marshall Islands)

Mallinson, Catharine A. (New Hampshire)

Mathis, Jennifer (District of Columbia)

Messer, Amy Beth (New Hampshire)

Michaud, Elaine M. (New Hampshire)

Milne, Andrew Laurence (New Hampshire)

Phelan, Pamela E (New Hampshire)

Rucker, Kathryn L (Massachusetts)

Sahl, Benjamin (New Hampshire)

Schwartz, Steven J. (Massachusetts)

Will, Daniel E. (New Hampshire)

Wyatt, Joshua M. (New Hampshire)

Attorneys(s) for Defendant

Edwards, Anne M. (New Hampshire)

Foster, Joseph A. (New Hampshire)

McGrath, David W. (New Hampshire)

Ross, Rebecca Woodard (New Hampshire)

Shirley, James Q. (New Hampshire)

Thomas, Brian David (New Hampshire)

Turner, John-Mark (New Hampshire)

Woodard, Rebecca L. (New Hampshire)

Other Attorney(s)

Barkoff, Alison (District of Columbia)

Brown, Michael K. (New Hampshire)

Farano, Richard J. (District of Columbia)

Farley, John (New Hampshire)

Fox, Deena (District of Columbia)

Hill, Eve L. (District of Columbia)

Houston, Katherine (District of Columbia)

Kacavas, John P (New Hampshire)

Perez, Thomas E. (District of Columbia)

Preston, Judith (Judy) C. (District of Columbia)

Shandell, Alexandra L. (District of Columbia)

Smith, Jonathan Mark (District of Columbia)

Documents in the Clearinghouse

Document

1:12-cv-00053

1:18-cv-01039

Docket [PACER]

Amanda D. v. NH Governor

Feb. 15, 2021

Feb. 15, 2021

Docket

DOJ Findings Letter

Lynn E. v. Lynch

No Court

April 7, 2011

April 7, 2011

Findings Letter/Report
1

1:12-cv-00053

Class Action Complaint

Lynn E. v. Lynch

Feb. 9, 2012

Feb. 9, 2012

Complaint
19

1:12-cv-00053

Plaintiffs' Motion for Class Certification

Lynn E. v. Lynch

March 23, 2012

March 23, 2012

Pleading / Motion / Brief

1:12-cv-00053

Order

Lynn v. Lynch

March 27, 2012

March 27, 2012

Order/Opinion
21

1:12-cv-00053

United States' Proposed Complaint-in-Intervention

Lynn E. v. Lynch

March 27, 2012

March 27, 2012

Pleading / Motion / Brief
20

1:12-cv-00053

United States' Memorandum in Support of its Assented-to Motion to Intervene

United States of America v. The State of New Hampshire

March 27, 2012

March 27, 2012

Pleading / Motion / Brief
20

1:12-cv-00053

United States' Assented-to Motion to Intervene

Lynn E. v. Lynch

March 27, 2012

March 27, 2012

Pleading / Motion / Brief
21

1:12-cv-00053

United States' Complaint-in-Intervention

Lynn E. v. Lynch

April 4, 2012

April 4, 2012

Complaint
33

1:12-cv-00053

United States' Memorandum in Support of Plaintiffs' Motion for Class Certification

Lynn E. v. Lynch; United States of America v. State of New Hampshire

April 20, 2012

April 20, 2012

Pleading / Motion / Brief

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5610686/amanda-d-v-nh-governor/

Last updated May 29, 2022, 3:10 a.m.

ECF Number Description Date Link Date / Link
1

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

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2 Summons - Waiver Notice of Conventional Filing-Summons for John H. Lynch

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3 Summons - Waiver Notice of Conventional Filing-Summons for Nicholas A. Toumpas

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4 Summons - Waiver Notice of Conventional Filing-Summons for Nancy L. Rollins

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5 Summons - Waiver Notice of Conventional Filing-Summons for Mary Ann Cooney

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6 Summons - Waiver Notice of Conventional Filing-Summons for Erik G. Riera

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Feb. 9, 2012

Feb. 9, 2012

RECAP

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)

Feb. 10, 2012

Feb. 10, 2012

PACER
6

NOTICE of Assignment to U.S. Magistrate Judge sent to plaintiff(s) for service on all parties.(jeb) (Entered: 02/10/2012)

Feb. 10, 2012

Feb. 10, 2012

PACER

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)

Feb. 10, 2012

Feb. 10, 2012

PACER

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)

Feb. 10, 2012

Feb. 10, 2012

PACER
7

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)

Feb. 13, 2012

Feb. 13, 2012

PACER
8

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)

Feb. 13, 2012

Feb. 13, 2012

PACER
9

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)

Feb. 13, 2012

Feb. 13, 2012

PACER
10

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)

Feb. 14, 2012

Feb. 14, 2012

PACER
11

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)

Feb. 14, 2012

Feb. 14, 2012

PACER

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)

Feb. 14, 2012

Feb. 14, 2012

PACER
12

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)

Feb. 15, 2012

Feb. 15, 2012

PACER
13

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)

Feb. 28, 2012

Feb. 28, 2012

PACER
14

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

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March 2, 2012

March 2, 2012

PACER
15

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

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March 2, 2012

March 2, 2012

PACER
16

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

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March 2, 2012

March 2, 2012

PACER
17

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

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March 2, 2012

March 2, 2012

PACER

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)

March 15, 2012

March 15, 2012

PACER

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)

March 15, 2012

March 15, 2012

PACER

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)

March 15, 2012

March 15, 2012

PACER

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)

March 15, 2012

March 15, 2012

PACER
18

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)

March 23, 2012

March 23, 2012

PACER
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 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

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2 Exhibit Ex. 1, US DOJ Findings Ltr

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3 Exhibit Ex. 2, Restoration I

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4 Exhibit Ex. 3, Fulfilling the Promise

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5 Exhibit Ex. 4, NOMS Data

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6 Exhibit Ex. 5, NHH Annual Rpt

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7 Exhibit Ex. 6, Listening Sessions

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8 Exhibit (Affidavit) Ex. 7, Affidavit of C. A. Mallinson

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9 Attachment to Exhibit Ex.7A, Glencliff Census Data

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10 Exhibit Ex. 8, ADA Class Cert Cases

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11 Exhibit Ex. 9, Institutional Placement Class Action Cases

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March 23, 2012

March 23, 2012

PACER

ENDORSED ORDER granting 18 Motion to Exceed Page Limits. Text of Order: Granted. So Ordered by Magistrate Judge Landya B. McCafferty.(gla)

March 27, 2012

March 27, 2012

PACER
20

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

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2 Proposed Order

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3 Exhibit One

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March 27, 2012

March 27, 2012

PACER

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)

April 4, 2012

April 4, 2012

PACER
21

Intervenor COMPLAINT filed by United States of America.(Farano, Richard) (Entered: 04/04/2012)

April 4, 2012

April 4, 2012

RECAP
22

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)

April 5, 2012

April 5, 2012

PACER
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)

April 5, 2012

April 5, 2012

PACER
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. 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

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April 6, 2012

April 6, 2012

PACER
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)

April 6, 2012

April 6, 2012

PACER
26

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)

April 9, 2012

April 9, 2012

PACER
27

NOTICE of Attorney Appearance by Deena S. Fox on behalf of United States of America (Fox, Deena) (Entered: 04/10/2012)

April 10, 2012

April 10, 2012

PACER
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)

April 17, 2012

April 17, 2012

PACER
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)

April 17, 2012

April 17, 2012

PACER
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)

April 17, 2012

April 17, 2012

PACER
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)

April 17, 2012

April 17, 2012

PACER
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)

April 17, 2012

April 17, 2012

RECAP

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)

April 20, 2012

April 20, 2012

PACER
33

MEMORANDUM in Support re 19 MOTION to Certify Class filed by United States of America. (Fox, Deena) (Entered: 04/20/2012)

April 20, 2012

April 20, 2012

PACER
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

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2 Attachment to Exhibit Affidavit in Support of Reply

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3 Attachment to Exhibit Affidavit in Support of Reply

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April 20, 2012

April 20, 2012

PACER
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)

April 20, 2012

April 20, 2012

PACER
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)

April 20, 2012

April 20, 2012

PACER

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)

April 23, 2012

April 23, 2012

PACER

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)

April 23, 2012

April 23, 2012

PACER
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)

April 23, 2012

April 23, 2012

PACER
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)

April 23, 2012

April 23, 2012

PACER
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)

April 23, 2012

April 23, 2012

PACER

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)

April 24, 2012

April 24, 2012

PACER

ENDORSED ORDER granting 35 Motion to Exceed Page Limit. Text of Order: Granted. So Ordered by Magistrate Judge Landya B. McCafferty.(gla)

April 24, 2012

April 24, 2012

PACER
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)

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2 Exhibit (Affidavit)

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April 24, 2012

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)

April 24, 2012

April 24, 2012

PACER

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)

April 25, 2012

April 25, 2012

PACER
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)

May 1, 2012

May 1, 2012

PACER

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)

May 1, 2012

May 1, 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
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
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

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)

May 8, 2012

May 8, 2012

PACER
45

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)

May 8, 2012

May 8, 2012

PACER
46

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)

May 10, 2012

May 10, 2012

PACER
47

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)

May 14, 2012

May 14, 2012

PACER
48

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

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May 14, 2012

May 14, 2012

PACER
49

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

May 15, 2012

May 15, 2012

PACER

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)

May 15, 2012

May 15, 2012

PACER
50

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

May 15, 2012

May 15, 2012

PACER
51

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)

May 16, 2012

May 16, 2012

PACER
52

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)

May 17, 2012

May 17, 2012

PACER

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)

May 17, 2012

May 17, 2012

PACER

ENDORSED ORDER granting 46 Motion for Hearing. Text of Order: Granted. So Ordered by Judge Steven J. McAuliffe.(lat)

May 18, 2012

May 18, 2012

PACER

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)

May 18, 2012

May 18, 2012

PACER
53

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)

June 4, 2012

June 4, 2012

PACER

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)

June 11, 2012

June 11, 2012

PACER

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)

June 13, 2012

June 13, 2012

PACER
54

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

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2 Attachment to Exhibit Protective Order Agreement

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July 20, 2012

July 20, 2012

PACER

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)

July 20, 2012

July 20, 2012

PACER
55

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

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July 20, 2012

July 20, 2012

PACER
56

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

Aug. 14, 2012

Aug. 14, 2012

PACER

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)

Aug. 16, 2012

Aug. 16, 2012

PACER

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)

Aug. 16, 2012

Aug. 16, 2012

PACER
57

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)

Nov. 7, 2012

Nov. 7, 2012

PACER
58

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)

Nov. 8, 2012

Nov. 8, 2012

PACER

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)

Nov. 8, 2012

Nov. 8, 2012

PACER
59

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)

Jan. 10, 2013

Jan. 10, 2013

PACER
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. 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

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2 Exhibit A - 07-11-2012 Plaintiffs' Second Requests for Production

View on PACER

3 Memorandum of Law (text searchable)

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Jan. 15, 2013

Jan. 15, 2013

PACER

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)

Jan. 15, 2013

Jan. 15, 2013

PACER
61

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)

Jan. 17, 2013

Jan. 17, 2013

PACER
62

[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)

Jan. 18, 2013

Jan. 18, 2013

PACER

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)

Jan. 18, 2013

Jan. 18, 2013

PACER
63

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)

Jan. 18, 2013

Jan. 18, 2013

PACER
64

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)

Jan. 18, 2013

Jan. 18, 2013

PACER
65

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)

Jan. 18, 2013

Jan. 18, 2013

PACER
66

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)

Jan. 19, 2013

Jan. 19, 2013

PACER
67

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)

Jan. 22, 2013

Jan. 22, 2013

RECAP
68

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)

Jan. 24, 2013

Jan. 24, 2013

PACER
69

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

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2 Exhibit B - Jeffrey D. 12/14/12 Response to Requests

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Jan. 24, 2013

Jan. 24, 2013

PACER
70

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)

Jan. 24, 2013

Jan. 24, 2013

PACER

ENDORSED ORDER granting 68 Motion to Exceed page limits. Text of Order: Granted. So Ordered by Judge Steven J. McAuliffe.(lat)

Jan. 28, 2013

Jan. 28, 2013

PACER
71

ORDER denying 60 Motion to Extend Time. So Ordered by Judge Steven J. McAuliffe.(lat) (Entered: 01/28/2013)

Jan. 28, 2013

Jan. 28, 2013

RECAP

Case Details

State / Territory: New Hampshire

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Olmstead Cases

Post-WalMart decisions on class certification

Key Dates

Filing Date: Feb. 9, 2012

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Persons with mental illness who were unnecessarily institutionalized in New Hampshire Hospital or Glencliff or who were at serious risk of being unnecessarily institutionalized at one of those hospitals

Plaintiff Type(s):

Private Plaintiff

U.S. Dept of Justice plaintiff

Attorney Organizations:

NDRN/Protection & Advocacy Organizations

U.S. Dept. of Justice Civil Rights Division

Bazelon Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

State of New Hampshire, State

New Hampshire Department of Health and Human Services, State

Defendant Type(s):

Hospital/Health Department

Jurisdiction-wide

Case Details

Causes of Action:

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

Nursing Care Reform Act of 1987/ Omnibus Reconciliation Act

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

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 2,400,000

Order Duration: 2014 - None

Content of Injunction:

Monitor/Master

Monitoring

Reasonable Accommodation

Recordkeeping

Reporting

Issues

General:

Classification / placement

Commitment procedure

Deinstitutionalization/decarceration

Discharge & termination plans

Government Services

Housing

Placement in mental health facilities

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

Reasonable Accommodations

Reasonable Modifications

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

disability, unspecified

Integrated setting

Least restrictive environment

Mental impairment

Mental Disability:

Depression

Developmental disability without intellectual disability

Intellectual/developmental disability, unspecified

Mental Illness, Unspecified

Medical/Mental Health:

Mental health care, general

Mental health care, unspecified

Type of Facility:

Government-run

Benefit Source:

Medicaid