Case: L.S. v. Delia

5:11-cv-00354 | U.S. District Court for the Eastern District of North Carolina

Filed Date: July 5, 2011

Closed Date: Dec. 31, 2017

Clearinghouse coding complete

Case Summary

In July 2011, a group of minor children with developmental disabilities filed this civil rights class action in the U.S. District Court for the Eastern District of North Carolina to prevent reductions in Medicaid waiver services. The plaintiffs sued the Secretary of the North Carolina Department of Health and Human Services (NCDHHS) and Piedmont Behavioral Healthcare (PBH). The plaintiffs had received home-based Medicaid-funded services through the North Carolina "Innovations Waiver." On July 1…

In July 2011, a group of minor children with developmental disabilities filed this civil rights class action in the U.S. District Court for the Eastern District of North Carolina to prevent reductions in Medicaid waiver services. The plaintiffs sued the Secretary of the North Carolina Department of Health and Human Services (NCDHHS) and Piedmont Behavioral Healthcare (PBH). The plaintiffs had received home-based Medicaid-funded services through the North Carolina "Innovations Waiver." On July 1, 2011, it was announced that the plaintiffs' services would be reduced because Piedmont Behavioral Health (PBH), a contractor of the state health department, implemented a new system to determine which services were "medically necessary." The plaintiffs claimed that although their medical conditions remained constant, essential health services had been unreasonably and arbitrarily reduced by PBH's "Support Needs Matrix" and that they had not been offered an avenue to appeal their service reductions. They alleged that some plaintiffs would be threatened with placement in institutional settings far from their communities if the services needed to remain at home were not reinstated. According to the plaintiffs, this new reduction of services violated the U.S. Constitution's guarantee of due process and the federal Medicaid statute. They requested class certification, declaratory relief, preliminary relief, permanent injunctive relief, and attorneys' fees.

The plaintiffs filed for class certification and for a preliminary injunction on August 29, 2011. After a period of discovery and a controversy regarding the disqualification of counsel and a motion to intervene, the plaintiffs moved for a temporary restraining order on December 20, 2011. District Judge Louise Wood Flanagan denied this motion on December 28, 2011, but noted that the motion for preliminary injunctive relief was still pending. After resolving the disqualification issue, the court held a hearing on the motion for preliminary relief in March 2012. On March 29, the court granted the plaintiffs' motion and certified the class. The court found that the plaintiffs had demonstrated a likelihood of success on the merits, in part because federal Medicaid provides that adequate notice and a fair hearing process be made available before denying benefits, and there was no notice or available appeal here. Such a process is also required by the Constitution and the plaintiffs had also demonstrated irreparable harm.

PBH appealed the preliminary injunction to the U.S. Court of Appeals for the Fourth Circuit, which affirmed the District Court's decision on May 10, 2013. K.C. ex rel. Africa H. v. Shipman, 716 F.3d 107 (4th Cir. 2013). The Fourth Circuit held that it was speculative at best whether a decision in the appeal would enable PBH to engage in the conduct that the District Court enjoined. The Court explained that, because the NCDHHS had not appealed the grant of the preliminary injunction, the NCDHHS would remain obligated to obey the injunction, thus making PBH bound to comply with the injunction regardless of any appellate decision. The Court cited two reasons why PBH would still be required to follow the injunction. First, Federal Rule of Civil Procedure 65(d)(2) requires that any injunction binding named parties also binds the parties' agents. Because PBH was an agent of the NCDHHS due to its contract to administer plaintiffs’ Medicaid services on behalf of the state, it would be bound to follow the injunction under Rule 65(d)(2). Second, the Medicaid statute requires each state to designate a single state agency to administer its Medicaid plan, which is the NCDHHS in this case. Therefore, the NCDHHS's decision not to appeal the preliminary injunction controls.

Following the Fourth Circuit's decision in May 2013, the parties engaged in extensive efforts to reach a settlement agreement. On December 12, 2014, the parties submitted a settlement agreement to the court for preliminary approval, notice to class members, scheduling of a fairness hearing, and clarification of the class definition. On January 2, 2015, the court preliminarily approved the proposed settlement agreement pending an opportunity for class members to object. Following a fairness hearing, the court approved the settlement agreement on April 6, 2015. Pursuant to the terms of the settlement agreement, the court dismissed the action with prejudice on December 31, 2015.

The settlement agreement provided for improved notification and grievance-filing procedures with respect to changes or reductions in services. Additionally, the defendants agreed not to reduce any participant's base budget for one year after the implementation of the agreement and before dismissal of the case. For the two-year period following dismissal of the case, the defendants agreed to notify participants of any base budget reduction. The agreement also provided for increased procedural protections for individuals requesting an authorization of services. The defendants agreed to pay the plaintiffs $375,000 for attorneys' fees, expenses, and costs incurred during the litigation.

The agreement remained in effect for a two-year monitoring period following the dismissal of the case in December 2015. After the monitoring period, no further litigation had taken place and the case is now closed.

Summary Authors

Beth Kurtz (3/5/2013)

Eva Richardson (1/10/2019)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4303470/parties/ls-v-brajer/


Judge(s)

Flanagan, Louise W. (North Carolina)

Attorneys(s) for Plaintiff

Bills, Jennifer L. (Massachusetts)

Dhillon, Jina (North Carolina)

McAdoo, Morris Fonville (North Carolina)

Perkins, Martha Jane (North Carolina)

Rittelmeyer, John R. (North Carolina)

Sea, Douglas Stuart (North Carolina)

Attorneys(s) for Defendant

Bost, Alison R. (North Carolina)

Hollander, Reed J. (North Carolina)

Hollowell, Wallace C. (North Carolina)

Judge(s)

Flanagan, Louise W. (North Carolina)

Attorneys(s) for Plaintiff

Bills, Jennifer L. (Massachusetts)

Dhillon, Jina (North Carolina)

McAdoo, Morris Fonville (North Carolina)

Perkins, Martha Jane (North Carolina)

Rittelmeyer, John R. (North Carolina)

Sea, Douglas Stuart (North Carolina)

Attorneys(s) for Defendant

Bost, Alison R. (North Carolina)

Hollander, Reed J. (North Carolina)

Hollowell, Wallace C. (North Carolina)

Martin, Stephen D. (North Carolina)

Smith, Belinda A. (North Carolina)

Stauffer, Iain (North Carolina)

Wilder, Raboteau T. Jr. (North Carolina)

Wood, Michael T. (North Carolina)

Documents in the Clearinghouse

Document

5:11-cv-00354

12-01575

Docket [PACER]

L.S. v. Brajer

Dec. 31, 2015

Dec. 31, 2015

Docket
6

5:11-cv-00354

Class Action Complaint

K.C v. Cansler

Aug. 1, 2011

Aug. 1, 2011

Complaint
19

5:11-cv-00354

Order Denying Temporary Relief

L.S. v. Cansler

Aug. 12, 2011

Aug. 12, 2011

Order/Opinion
32

5:11-cv-00354

Memorandum of Law in Support of Motion for Preliminary Injunction

K.C. v. Cansler

Aug. 24, 2011

Aug. 24, 2011

Pleading / Motion / Brief
31

5:11-cv-00354

Motion for Preliminary Injunction

K.C. v. Cansler

Aug. 24, 2011

Aug. 24, 2011

Pleading / Motion / Brief
38

5:11-cv-00354

Answer and Affirmative Defenses of Defendants Pamela L. Shipman and PBH

K.C. v. Cansler

Aug. 29, 2011

Aug. 29, 2011

Pleading / Motion / Brief
35

5:11-cv-00354

Memorandum in Support of the Plaintiff's Motion for Class Certification

K.C. v. Cansler

Aug. 29, 2011

Aug. 29, 2011

Pleading / Motion / Brief
34

5:11-cv-00354

Plaintiff's Motion for Class Certification

K.C. v. Cansler

Aug. 29, 2011

Aug. 29, 2011

Pleading / Motion / Brief
67

5:11-cv-00354

Order on Intervention

2011 WL 6030075

Dec. 5, 2011

Dec. 5, 2011

Order/Opinion
71

5:11-cv-00354

Memorandum of Law in Support of Motion for Temporary Restraining Order

K.C. v. Cansler

Dec. 20, 2011

Dec. 20, 2011

Pleading / Motion / Brief

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4303470/ls-v-brajer/

Last updated Aug. 2, 2022, 3:13 a.m.

ECF Number Description Date Link Date / Link
6

COMPLAINT against All Defendants ( Filing fee $ 350 receipt number 253PH4L5.), filed by K.C., D.C., L.S., Allison Taylor Johns. (Attachments: # 1 Civil Cover Sheet, # 2 Cansler Summons, # 3 PBH Summons, # 4 Shipman Summons) (Rittelmeyer, John) (Entered: 07/05/2011)

1 Civil Cover Sheet

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2 Cansler Summons

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3 PBH Summons

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4 Shipman Summons

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July 5, 2011

July 5, 2011

PACER

NOTICE OF DEFICIENCY − All documents in this case have been provisionally SEALED due to counsel's failure to comply with Local Civil Rule 17.1(d). Counsel must correct and refile all documents, removing all references to the names of minor children. Only initials may be utilized in reference to minor children. (Baker, C.) (Entered: 07/04/2011)

July 4, 2011

July 4, 2011

7

FINANCIAL DISCLOSURE STATEMENT by K.C. (Rittelmeyer, John) (Entered: 07/05/2011)

July 5, 2011

July 5, 2011

PACER
8

FINANCIAL DISCLOSURE STATEMENT by Allison Taylor Johns. (Rittelmeyer, John) (Entered: 07/05/2011)

July 5, 2011

July 5, 2011

PACER
9

FINANCIAL DISCLOSURE STATEMENT by L.S. (Rittelmeyer, John) (Entered: 07/05/2011)

July 5, 2011

July 5, 2011

PACER
10

FINANCIAL DISCLOSURE STATEMENT by D.C. (Rittelmeyer, John) (Entered: 07/05/2011)

July 5, 2011

July 5, 2011

PACER
11

Summonses Issued as to Lanier M. Cansler, Piedmont Behavioral Healthcare Area Mental Health, Developmental Disabilities and Substance Abuse Authority, and Pamela Shipman. Counsel should print summonses and effect service. (Baker, C.) (Entered: 07/05/2011)

July 5, 2011

July 5, 2011

PACER
12

NOTICE of Appearance by Raboteau T. Wilder, Jr on behalf of Piedmont Behavioral Healthcare Area Mental Health, Developmental Disabilities and Substance Abuse Authority, Pamela Shipman. (Wilder, Raboteau) (Entered: 07/05/2011)

July 5, 2011

July 5, 2011

PACER
13

FINANCIAL DISCLOSURE STATEMENT by Piedmont Behavioral Healthcare Area Mental Health, Developmental Disabilities and Substance Abuse Authority. (Wilder, Raboteau) (Entered: 07/05/2011)

July 5, 2011

July 5, 2011

PACER
14

FINANCIAL DISCLOSURE STATEMENT by Pamela Shipman. (Wilder, Raboteau) (Entered: 07/05/2011)

July 5, 2011

July 5, 2011

PACER
15

NOTICE of Appearance by Stephen D. Martin on behalf of Piedmont Behavioral Healthcare Area Mental Health, Developmental Disabilities and Substance Abuse Authority, Pamela Shipman. (Martin, Stephen) (Entered: 07/06/2011)

July 6, 2011

July 6, 2011

PACER
16

NOTICE of Appearance by Wallace C. Hollowell, III on behalf of Piedmont Behavioral Healthcare Area Mental Health, Developmental Disabilities and Substance Abuse Authority, Pamela Shipman. (Hollowell, Wallace) (Entered: 07/06/2011)

July 6, 2011

July 6, 2011

PACER
17

NOTICE of Appearance by Belinda A. Smith on behalf of Lanier M. Cansler. (Smith, Belinda) (Entered: 07/11/2011)

July 11, 2011

July 11, 2011

PACER
18

MOTION for Extension of Time to File Answer re 6 Complaint, by Lanier M. Cansler. (Attachments: # 1 Text of Proposed Order Granting Enlargement of Time) (Smith, Belinda) (Entered: 07/11/2011)

1 Text of Proposed Order Granting Enlargement of Time

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July 11, 2011

July 11, 2011

PACER
19

ORDER - This matter came before the court on class action complaint filed July 5, 2011, wherein plaintiffs request temporary, preliminary, and permanent injunctive relief. Although no formal motion rises to the face of the docket, the court has cause to consider plaintiffs' requests for temporary injunctive relief lodged in the complaint. Plaintiffs' request for temporary injunctive relief is DENIED. Preliminary injunctive relief is still available to plaintiffs upon motion properly supported and notice to defendants. The parties are encouraged to confer and propose alternative dates for conference by telephone with the court immediately after response is made to the complaint by defendants. At conference, the court will discuss the case schedule and briefing on the anticipated motion for preliminary injunction. Signed by Chief Judge Louise Wood Flanagan on 07/12/2011. (Baker, C.) (Entered: 07/12/2011)

July 12, 2011

July 12, 2011

PACER
20

ORDER granting 18 Motion for Extension of Time to Answer Complaint - Lanier M. Cansler's answer due 8/29/2011. Signed by Dennis P. Iavarone, Clerk of Court on 07/12/2011. (Baker, C.) (Entered: 07/12/2011)

July 12, 2011

July 12, 2011

PACER
21

FINANCIAL DISCLOSURE STATEMENT by Lanier M. Cansler. (Smith, Belinda) (Entered: 07/13/2011)

July 13, 2011

July 13, 2011

PACER
22

MOTION for Extension of Time to File Answer re 6 Complaint, by Piedmont Behavioral Healthcare Area Mental Health, Developmental Disabilities and Substance Abuse Authority, Pamela Shipman. (Attachments: # 1 Text of Proposed Order) (Martin, Stephen) (Entered: 07/15/2011)

1 Text of Proposed Order

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July 15, 2011

July 15, 2011

PACER
23

ORDER granting 22 Motion for Extension of Time to Answer Complaint - Answer due 08/29/2011 by Piedmont Behavioral Healthcare Area Mental Health, Developmental Disabilities and Substance Abuse Authority and Pamela Shipman. Signed by Dennis P. Iavarone, Clerk of Court on 07/15/2011. (Baker, C.) (Entered: 07/15/2011)

July 15, 2011

July 15, 2011

PACER
24

NOTICE of Appearance by Jennifer Leah Bills on behalf of All Plaintiffs (Bills, Jennifer) (Entered: 07/26/2011)

July 26, 2011

July 26, 2011

PACER
25

NOTICE of Appearance by Morris Fonville McAdoo on behalf of All Plaintiffs. (McAdoo, Morris) (Entered: 08/03/2011)

Aug. 3, 2011

Aug. 3, 2011

PACER
26

NOTICE of Appearance by Douglas Stuart Sea on behalf of D.C., Allison Taylor Johns, K.C., L.S. (Sea, Douglas) (Entered: 08/23/2011)

Aug. 23, 2011

Aug. 23, 2011

PACER
27

MOTION to Disqualify Counsel by D.C., Allison Taylor Johns, K.C., L.S. (Sea, Douglas) (Entered: 08/23/2011)

Aug. 23, 2011

Aug. 23, 2011

PACER
28

*DOCUMENT CORRECTED AND REFILED AT DOCKET ENTRY 30 * - AFFIDAVIT re 27 MOTION to Disqualify Counsel by D.C., Allison Taylor Johns, K.C., L.S.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F) (Sea, Douglas) Modified on 8/24/2011 to insert refiling information. (Baker, C.) (Entered: 08/23/2011)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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Aug. 23, 2011

Aug. 23, 2011

PACER
29

AFFIDAVIT by Jane Perkins re 27 MOTION to Disqualify Counsel by D.C., Allison Taylor Johns, K.C., L.S. (Sea, Douglas) Modified on 8/24/2011 to clarify docket entry text. (Baker, C.) (Entered: 08/24/2011)

Aug. 24, 2011

Aug. 24, 2011

PACER
30

AFFIDAVIT of Douglas Sea re 27 MOTION to Disqualify Counsel by D.C., Allison Taylor Johns, K.C., L.S. (Attachments: # 1 Exhibit A-emails w/Womble, # 2 Exhibit B-settlement agreement, # 3 Exhibit C-amended complaint, # 4 Exhibit D-PBH memo, # 5 Exhibit E-comparison of allegations, # 6 Exhibit F-Bar rules) (Sea, Douglas) (Entered: 08/24/2011)

1 Exhibit A-emails w/Womble

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2 Exhibit B-settlement agreement

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3 Exhibit C-amended complaint

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4 Exhibit D-PBH memo

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5 Exhibit E-comparison of allegations

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6 Exhibit F-Bar rules

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Aug. 24, 2011

Aug. 24, 2011

PACER
31

MOTION for Preliminary Injunction by D.C., Allison Taylor Johns, K.C., L.S. (Attachments: # 1 Affidavit of Douglas Sea, # 2 Sea Exh A-CMS letter, # 3 Sea Exh B part one-waiver, # 4 Exhibit Sea Exh B part two-waiver, # 5 Sea Exh C Contract, # 6 Sea Exh D PBH 4-18 memo, # 7 Sea Exh E waiver amendment, # 8 Sea Exh F SNM guide, # 9 Sea Exh G 2nd 4-18 PBH memo, # 10 Sea Exh H SIS results, # 11 Sea Exh I Aug 2010 PBH memo, # 12 Sea Exh J Apr 2011 PBH memo, # 13 Sea Exh K SIS Info, # 14 Sea Exh L July 15 PBH release, # 15 Sea Exh M DMA memo, # 16 Sea Exh N PBH slides, # 17 Sea Exh O PBH provider manual, # 18 Sea Exh P PBH Family Guide, # 19 Exhibit Sea Exh Q PBH March 2011 memo, # 20 Exhibit Sea Exh R PBH consumer handbook, # 21 Exhibit Sea Exh S PBH March 2011 release, # 22 Exhibit Sea Exh T PBH SIS chart, # 23 Affidavit Ron S Declaration, # 24 Ron S Exh A SIS Rpt, # 25 Ron S Exh B SIS rpt 2, # 26 Ron S Exh C Plan of care, # 27 Ron S Exh D-plan update, # 28 Ron S Exh E-4-4-11 ltr, # 29 Affidavit Holzlohner Declaration, # 30 Holzlohner Exh A SIS rpt, # 31 Holzlohner Exh B SNM ltr, # 32 Affidavit Peters Declaration, # 33 Peters Exh A-SNM ltr, # 34 Affidavit Penny C Declaration, # 35 Penny C Exh A 3-4-10 Ltr, # 36 Penny C Exh B SIS rpt, # 37 Exhibit Penny C exh C 6-4-11 ltr, # 38 Exhibit Penny C Exh D 3-11 assessment, # 39 Exhibit Penny C Exh E 3-11 evaluation, # 40 Penny C Exh F 4-11 Plan, # 41 Penny C Exh G undated Ltr, # 42 Penny C Exh H 4-8-11 memo, # 43 Penny C Exh I 4-4-11 ltr, # 44 Penny C Exh J 4-20-11 memo, # 45 Penny C Exh K 4-21-11 ltr, # 46 Penny C Exh L 4-27-11 ltr, # 47 Penny C Exh M 5-25-11 ltr, # 48 Penny C Exh N Inten Review Request, # 49 Penny C Exh O Int Rev Decision, # 50 Penny C Exh P 6-10 plan update, # 51 Penny C Exh Q 6-22-11 ltr, # 52 Penny C Exh R 6-28-11 memo, # 53 Penny C Exh S 6-29 email, # 54 Penny C Exh T 6-30-11 email, # 55 Penny C Exh U 6-30 Plan update, # 56 Penny C Exh V 7-11-11 memo, # 57 Penny C Exh W 7-14 plan update, # 58 Penny C Exh X 8-4-11 ltr, # 59 Affidavit Murrone Declaration, # 60 Affidavit Strange Declaration, # 61 Affidavit Heath Declaration, # 62 Heath Exh A 2011 SIS, # 63 Heath Exh B 2010 SIS, # 64 Heath Exh C 6-11 Plan update, # 65 Heath Exh D 3-11 plan update, # 66 Heath Exh E 2010 Plan, # 67 Heath Exh F 4-4-11 ltr, # 68 Exh G undated ltr, # 69 Affidavit Johns Declaration, # 70 Johns Exh A SIS rpt, # 71 Johns Exh B 5-11 plan update, # 72 Johns Exh C 2010 plan, # 73 Exhibit Johns Exh D 4-4-11 ltr, # 74 Affidavit Melissa W Declaration, # 75 Melissa W Exh A SNM ltr, # 76 Melissa W Exh B plan updates, # 77 Melissa W Exh C SIS rpts) (Sea, Douglas) (Entered: 08/24/2011)

1 Affidavit of Douglas Sea

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2 Exhibit Sea Exh A-CMS letter

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3 Exhibit Sea Exh B part one-waiver

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4 Exhibit Sea Exh B part two-waiver

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5 Exhibit Sea Exh C Contract

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6 Exhibit Sea Exh D PBH 4-18 memo

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7 Exhibit Sea Exh E waiver amendment

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8 Exhibit Sea Exh F SNM guide

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9 Exhibit Sea Exh G 2nd 4-18 PBH memo

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10 Exhibit Sea Exh H SIS results

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11 Exhibit Sea Exh I Aug 2010 PBH memo

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12 Exhibit Sea Exh J Apr 2011 PBH memo

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13 Exhibit Sea Exh K SIS Info

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14 Exhibit Sea Exh L July 15 PBH release

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15 Exhibit Sea Exh M DMA memo

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16 Exhibit Sea Exh N PBH slides

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17 Exhibit Sea Exh O PBH provider manual

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18 Exhibit Sea Exh P PBH Family Guide

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19 Exhibit Sea Exh Q PBH March 2011 memo

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20 Exhibit Sea Exh R PBH consumer handbook

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21 Exhibit Sea Exh S PBH March 2011 release

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22 Exhibit Sea Exh T PBH SIS chart

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23 Affidavit Ron S Declaration

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24 Exhibit Ron S Exh A SIS Rpt

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25 Exhibit Ron S Exh B SIS rpt 2

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26 Exhibit Ron S Exh C Plan of care

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27 Exhibit Ron S Exh D-plan update

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28 Exhibit Ron S Exh E-4-4-11 ltr

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29 Affidavit Holzlohner Declaration

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30 Exhibit Holzlohner Exh A SIS rpt

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31 Exhibit Holzlohner Exh B SNM ltr

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32 Affidavit Peters Declaration

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33 Exhibit Peters Exh A-SNM ltr

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34 Affidavit Penny C Declaration

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35 Exhibit Penny C Exh A 3-4-10 Ltr

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36 Exhibit Penny C Exh B SIS rpt

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37 Exhibit Penny C exh C 6-4-11 ltr

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38 Exhibit Penny C Exh D 3-11 assessment

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39 Exhibit Penny C Exh E 3-11 evaluation

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40 Exhibit Penny C Exh F 4-11 Plan

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41 Exhibit Penny C Exh G undated Ltr

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42 Exhibit Penny C Exh H 4-8-11 memo

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43 Exhibit Penny C Exh I 4-4-11 ltr

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44 Exhibit Penny C Exh J 4-20-11 memo

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45 Exhibit Penny C Exh K 4-21-11 ltr

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46 Exhibit Penny C Exh L 4-27-11 ltr

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47 Exhibit Penny C Exh M 5-25-11 ltr

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48 Exhibit Penny C Exh N Inten Review Request

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49 Exhibit Penny C Exh O Int Rev Decision

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50 Exhibit Penny C Exh P 6-10 plan update

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51 Exhibit Penny C Exh Q 6-22-11 ltr

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52 Exhibit Penny C Exh R 6-28-11 memo

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53 Exhibit Penny C Exh S 6-29 email

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54 Exhibit Penny C Exh T 6-30-11 email

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55 Exhibit Penny C Exh U 6-30 Plan update

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56 Exhibit Penny C Exh V 7-11-11 memo

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57 Exhibit Penny C Exh W 7-14 plan update

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58 Exhibit Penny C Exh X 8-4-11 ltr

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59 Affidavit Murrone Declaration

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60 Affidavit Strange Declaration

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61 Affidavit Heath Declaration

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62 Exhibit Heath Exh A 2011 SIS

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63 Exhibit Heath Exh B 2010 SIS

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64 Exhibit Heath Exh C 6-11 Plan update

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65 Exhibit Heath Exh D 3-11 plan update

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66 Exhibit Heath Exh E 2010 Plan

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67 Exhibit Heath Exh F 4-4-11 ltr

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68 Exhibit Heath Exh G undated ltr

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69 Affidavit Johns Declaration

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70 Exhibit Johns Exh A SIS rpt

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71 Exhibit Johns Exh B 5-11 plan update

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72 Exhibit Johns Exh C 2010 plan

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73 Exhibit Johns Exh D 4-4-11 ltr

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74 Affidavit Melissa W Declaration

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75 Exhibit Melissa W Exh A SNM ltr

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76 Exhibit Melissa W Exh B plan updates

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77 Exhibit Melissa W Exh C SIS rpts

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Aug. 24, 2011

Aug. 24, 2011

RECAP
32

MEMORANDUM IN SUPPORT re 32 Motion for Preliminary Injunction by D.C., Allison Taylor Johns, K.C., L.S. (Sea, Douglas) Modified on 8/25/2011 to correct docket entry text and terminate erroneous motion event. (Baker, C.) (Entered: 08/24/2011)

Aug. 24, 2011

Aug. 24, 2011

RECAP
33

NOTICE of Appearance by Martha Jane Perkins on behalf of All Plaintiffs. (Perkins, Martha) (Entered: 08/25/2011)

Aug. 25, 2011

Aug. 25, 2011

PACER
34

First MOTION to Certify Class by D.C., Allison Taylor Johns, K.C., L.S. Responses due by 9/19/2011. (Attachments: # 1 Appendix unreported decision EQ Indus, # 2 Appendix unreported decision Martin, # 3 Appendix unreported Decision Dajour B, # 4 Affidavit Declaration Of John Rittelmeyer, # 5 Affidavit Declaration of Jennifer Bills, # 6 Affidavit 3rd Affidavit of Douglas Sea, # 7 Exhibit Sea Affid Exh A Waiver Alert, # 8 Affidavit Declaration of Jane Perkins) (Sea, Douglas) (Entered: 08/29/2011)

1 Appendix unreported decision EQ Indus

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2 Appendix unreported decision Martin

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3 Appendix unreported Decision Dajour B

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4 Affidavit Declaration Of John Rittelmeyer

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5 Affidavit Declaration of Jennifer Bills

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6 Affidavit 3rd Affidavit of Douglas Sea

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7 Exhibit Sea Affid Exh A Waiver Alert

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8 Affidavit Declaration of Jane Perkins

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Aug. 29, 2011

Aug. 29, 2011

PACER
35

Memorandum in Support re 34 First MOTION to Certify Class filed by D.C., Allison Taylor Johns, K.C., L.S. (Sea, Douglas) (Entered: 08/29/2011)

Aug. 29, 2011

Aug. 29, 2011

PACER
36

Declaration re 34 First MOTION to Certify Class as Corrected by Jane Perkins by D.C., Allison Taylor Johns, K.C., L.S. (Sea, Douglas) (Entered: 08/29/2011)

Aug. 29, 2011

Aug. 29, 2011

PACER
37

ANSWER to 6 Complaint, by Lanier M. Cansler. (Smith, Belinda) (Entered: 08/29/2011)

Aug. 29, 2011

Aug. 29, 2011

PACER
38

ANSWER to 6 Complaint, and Affirmative Defenses by Piedmont Behavioral Healthcare Area Mental Health, Developmental Disabilities and Substance Abuse Authority, Pamela Shipman. (Martin, Stephen) (Entered: 08/29/2011)

Aug. 29, 2011

Aug. 29, 2011

PACER
39

ORDER - The court dispenses with the telephonic conference postponed from August 30, 2011 due to Hurricane Irene given the procedural posture that the case has assumed since entry of the court's order on July 12, 2011. Of its own initiative, the court STAYS the time for defendant to respond to the motions for preliminary injunction and to certify the class, turning its attention to the plaintiffs' motion to disqualify counsel. Signed by Chief Judge Louise Wood Flanagan on 09/06/2011. (Baker, C.) (Entered: 09/07/2011)

Sept. 7, 2011

Sept. 7, 2011

PACER
40

Memorandum in Opposition re 27 MOTION to Disqualify Counsel filed by Piedmont Behavioral Healthcare Area Mental Health, Developmental Disabilities and Substance Abuse Authority, Pamela Shipman. (Wilder, Raboteau) (Entered: 09/16/2011)

Sept. 16, 2011

Sept. 16, 2011

PACER
41

AFFIDAVIT re 40 Memorandum in Opposition "Affidavit of Pamela L. Shipman" by Piedmont Behavioral Healthcare Area Mental Health, Developmental Disabilities and Substance Abuse Authority, Pamela Shipman. (Wilder, Raboteau) (Entered: 09/16/2011)

Sept. 16, 2011

Sept. 16, 2011

PACER
42

AFFIDAVIT re 40 Memorandum in Opposition "Affidavit of Andrea J. Misenheimer" by Piedmont Behavioral Healthcare Area Mental Health, Developmental Disabilities and Substance Abuse Authority, Pamela Shipman. (Attachments: # 1 Exhibit 2011 Validity and Reliability Results) (Wilder, Raboteau) (Entered: 09/16/2011)

1 Exhibit 2011 Validity and Reliability Results

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Sept. 16, 2011

Sept. 16, 2011

PACER
43

AFFIDAVIT re 40 Memorandum in Opposition "Affidavit of Reid C. Adams" by Piedmont Behavioral Healthcare Area Mental Health, Developmental Disabilities and Substance Abuse Authority, Pamela Shipman. (Attachments: # 1 Exhibit Perkins Email, # 2 Exhibit Notice of Appearance, # 3 Exhibit Order, # 4 Exhibit Settlement Agreement, # 5 Exhibit Order of Approval of Settlement Agreement, # 6 Exhibit Email String - Sea, # 7 Exhibit Email String - Perkins/Sea, # 8 Exhibit Notice of Ethical Screen) (Wilder, Raboteau) (Entered: 09/16/2011)

Sept. 16, 2011

Sept. 16, 2011

PACER
44

AFFIDAVIT re 40 Memorandum in Opposition "Affidavit of Murray C. Greason III" by Piedmont Behavioral Healthcare Area Mental Health, Developmental Disabilities and Substance Abuse Authority, Pamela Shipman. (Attachments: # 1 Exhibit Notice of Appearance, # 2 Exhibit Order, # 3 Exhibit Settlement Agreement, # 4 Exhibit Order of Approval of Settlement Agreement, # 5 Exhibit Email String - Sea, # 6 Exhibit Email String - Perkins/Sea, # 7 Exhibit Notice of Ethical Screen) (Wilder, Raboteau) (Entered: 09/16/2011)

Sept. 16, 2011

Sept. 16, 2011

PACER
45

AFFIDAVIT re 40 Memorandum in Opposition "Affidavit of David J. Mazza" by Piedmont Behavioral Healthcare Area Mental Health, Developmental Disabilities and Substance Abuse Authority, Pamela Shipman. (Attachments: # 1 Exhibit Notice of Appearance, # 2 Exhibit Order, # 3 Exhibit Settlement Agreement, # 4 Exhibit Order of Approval of Settlement Agreement, # 5 Exhibit Email String - Sea, # 6 Exhibit Email String - Perkins/Sea, # 7 Exhibit Notice of Ethical Screen) (Wilder, Raboteau) (Entered: 09/16/2011)

Sept. 16, 2011

Sept. 16, 2011

PACER
46

AFFIDAVIT re 40 Memorandum in Opposition "Affidavit of Raboteau T. Wilder, Jr." by Piedmont Behavioral Healthcare Area Mental Health, Developmental Disabilities and Substance Abuse Authority, Pamela Shipman. (Attachments: # 1 Exhibit Notice of Ethical Screen, # 2 Exhibit CPR 147) (Wilder, Raboteau) (Entered: 09/16/2011)

1 Exhibit Notice of Ethical Screen

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2 Exhibit CPR 147

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Sept. 16, 2011

Sept. 16, 2011

PACER
47

RESPONSE to Motion re 27 MOTION to Disqualify Counsel filed by Lanier M. Cansler. (Smith, Belinda) (Entered: 09/16/2011)

Sept. 16, 2011

Sept. 16, 2011

PACER
48

REPLY to Response to Motion re 27 MOTION to Disqualify Counsel as to Arguments Raised by Defendant PBH filed by D.C., K.C., L.S. (Attachments: # 1 Exhibit - HCBS Waiver Application, # 2 Exhibit - NC State Bar Journal Article) (Rittelmeyer, John) (Entered: 09/22/2011)

1 Exhibit HCBS Waiver Application

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2 Exhibit NC State Bar Journal Article

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Sept. 22, 2011

Sept. 22, 2011

PACER
49

REPLY to Response to Motion re 27 MOTION to Disqualify Counsel as to Arguments Raised by Defendant Cansler filed by D.C., K.C., L.S. (Rittelmeyer, John) (Entered: 09/22/2011)

Sept. 22, 2011

Sept. 22, 2011

PACER
50

First MOTION to Seal 45 Affidavit, 44 Affidavit, 43 Affidavit, by D.C., K.C., L.S. (Rittelmeyer, John) (Entered: 09/22/2011)

Sept. 22, 2011

Sept. 22, 2011

PACER
51

Memorandum in Support re 50 First MOTION to Seal 45 Affidavit, 44 Affidavit, 43 Affidavit, filed by D.C., K.C., L.S. (Rittelmeyer, John) (Entered: 09/22/2011)

Sept. 22, 2011

Sept. 22, 2011

PACER
52

*DOCUMENT CORRECTED AND REFILED AT DOCKET ENTRY 55 * - Third Party MOTION to Intervene by D.C., Allison Taylor Johns, K.C., L.S.. (Attachments: # 1 Affidavit Declaration of Hagan, # 2 Affidavit Declaration of Simmons, # 3 Affidavit Declaration of Rachelle S, # 4 Exhibit Rachelle S Ex A, # 5 Exhibit Rachelle S Ex B, # 6 Exhibit Rachelle S Ex C, # 7 Exhibit Rachelle S Ex D, # 8 Exhibit Rachelle S Ex E, # 9 Exhibit Rachelle S Ex F, # 10 Exhibit Rachelle S Ex G, # 11 Exhibit Rachelle S Ex H, # 12 Exhibit Rachelle S Ex I, # 13 Exhibit Rachelle S Ex J, # 14 Exhibit Rachelle S Ex K, # 15 Exhibit Rachelle S Ex L, # 16 Exhibit Rachelle S Ex M, # 17 Exhibit Rachelle S Ex N) (Sea, Douglas) Modified on 10/21/2011 to insert refiling information. (Baker, C.) (Entered: 10/20/2011)

1 Affidavit Declaration of Hagan

View on PACER

2 Affidavit Declaration of Simmons

View on PACER

3 Affidavit Declaration of Rachelle S

View on PACER

4 Exhibit Rachelle S Ex A

View on PACER

5 Exhibit Rachelle S Ex B

View on PACER

6 Exhibit Rachelle S Ex C

View on PACER

7 Exhibit Rachelle S Ex D

View on PACER

8 Exhibit Rachelle S Ex E

View on PACER

9 Exhibit Rachelle S Ex F

View on PACER

10 Exhibit Rachelle S Ex G

View on PACER

11 Exhibit Rachelle S Ex H

View on PACER

12 Exhibit Rachelle S Ex I

View on PACER

13 Exhibit Rachelle S Ex J

View on PACER

14 Exhibit Rachelle S Ex K

View on PACER

15 Exhibit Rachelle S Ex L

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16 Exhibit Rachelle S Ex M

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17 Exhibit Rachelle S Ex N

View on PACER

Oct. 20, 2011

Oct. 20, 2011

PACER
53

*DOCUMENT CORRECTED AND REFILED AT DOCKET ENTRY 56 * - Memorandum in Support re 52 Third Party MOTION to Intervene filed by D.C., Allison Taylor Johns, K.C., L.S.. (Attachments: # 1 Exhibit Brief Exhibit A) (Sea, Douglas) Modified on 10/21/2011 to insert refiling information. (Baker, C.) (Entered: 10/20/2011)

1 Exhibit Brief Exhibit A

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Oct. 20, 2011

Oct. 20, 2011

PACER
54

Third Party Intervenor COMPLAINT, filed by M.S. (Sea, Douglas) (Entered: 10/20/2011)

Oct. 20, 2011

Oct. 20, 2011

PACER
55

Third Party MOTION to Intervene Plaintiff by M.S. (Attachments: # 1 Affidavit - Declaration of Gina Hagan, # 2 Affidavit - Declaration of Amy Simmons, # 3 Affidavit - Declaration of Rachelle S., # 4 Exhibit A - Rachelle S. - 2/3/10 PBH Ltr, # 5 Exhibit B - Rachelle S. - 2/10/10 SIS summary, # 6 Exhibit C - Rachelle S. - 2010 ISP, # 7 Exhibit D - Rachelle S. - 3/16/10 PBH ltr, # 8 Exhibit E - Rachelle S. - 10/18/10 assessment, # 9 Exhibit F - Rachelle S. - draft 2011 ISP, # 10 Exhibit G - Rachelle S. - 2011 ISP final, # 11 Exhibit H - Rachelle S. - PBH SNM Ltr, # 12 Exhibit I - Rachelle S. - 4/4/11 PBH ltr, # 13 Exhibit J - Rachelle S. - damaged envelope, # 14 Exhibit K - Rachelle S. - envelope contents, # 15 Exhibit L - Rachelle S. - 7/1/11 ISP Update, # 16 Exhibit M - Rachelle S. - 2008 SIS, # 17 Exhibit N - Rachelle S - 2010 SIS) (Sea, Douglas) Modified on 10/21/2011 to clarify docket entry text. (Baker, C.) (Entered: 10/21/2011)

1 Affidavit Declaration of Gina Hagan

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2 Affidavit Declaration of Amy Simmons

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3 Affidavit Declaration of Rachelle S

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4 Exhibit Rachelle S Ex A 2/3/10 PBH Ltr

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5 Exhibit Rachelle S Ex B 2/10/10 SIS summary

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6 Exhibit Rachelle S Ex C 2010 ISP

View on PACER

7 Exhibit Rachelle S Ex D 3/16/10 PBH ltr

View on PACER

8 Exhibit Rachelle S Ex E 10/18/10 assessment

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9 Exhibit Rachelle S Ex F draft 2011 ISP

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10 Exhibit Rachelle S Ex G 2011 ISP final

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11 Exhibit Rachelle S Ex H PBH SNM Ltr

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12 Exhibit Rachelle S Ex I 4/4/11 PBH ltr

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13 Exhibit Rachelle S Ex J damaged envelope

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14 Exhibit Rachelle S Ex K envelope contents

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15 Exhibit Rachelle S Ex L 7/1/11 ISP Update

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16 Exhibit Rachelle S Ex M 2008 SIS

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17 Exhibit Rachelle S Ex N 2010 SIS

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Oct. 21, 2011

Oct. 21, 2011

PACER
56

Memorandum in Support re 55 Third Party MOTION to Intervene Plaintiff filed by M.S. (Attachments: # 1 Exhibit A - Waiver slots by LME) (Sea, Douglas) (Entered: 10/21/2011)

1 Exhibit Exhibit A Waiver slots by LME

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Oct. 21, 2011

Oct. 21, 2011

PACER
57

NOTICE of Appearance by John R. Rittelmeyer on behalf of M.S. (Rittelmeyer, John) (Entered: 10/24/2011)

Oct. 24, 2011

Oct. 24, 2011

PACER
58

NOTICE of Appearance by Douglas Stuart Sea on behalf of M.S. (Sea, Douglas) (Entered: 10/24/2011)

Oct. 24, 2011

Oct. 24, 2011

PACER
59

NOTICE of Appearance by Morris Fonville McAdoo on behalf of M.S. (McAdoo, Morris) (Entered: 10/25/2011)

Oct. 25, 2011

Oct. 25, 2011

PACER
60

NOTICE of Appearance by Jennifer Leah Bills on behalf of M.S. (Bills, Jennifer) (Entered: 10/25/2011)

Oct. 25, 2011

Oct. 25, 2011

PACER
61

NOTICE of Appearance by Martha Jane Perkins on behalf of All Plaintiffs. (Perkins, Martha) (Entered: 10/25/2011)

Oct. 25, 2011

Oct. 25, 2011

PACER
62

RESPONSE to Motion re 55 Third Party MOTION to Intervene Plaintiff filed by Lanier M. Cansler. (Smith, Belinda) (Entered: 11/14/2011)

Nov. 14, 2011

Nov. 14, 2011

PACER
63

RESPONSE to Motion re 55 Third Party MOTION to Intervene Plaintiff filed by Piedmont Behavioral Healthcare Area Mental Health, Developmental Disabilities and Substance Abuse Authority, Pamela Shipman. (Martin, Stephen) (Entered: 11/14/2011)

Nov. 14, 2011

Nov. 14, 2011

PACER
64

NOTICE of Appearance by Iain Stauffer on behalf of Lanier M. Cansler (Stauffer, Iain) (Entered: 11/15/2011)

Nov. 15, 2011

Nov. 15, 2011

PACER
65

REPLY to Response to Motion re 55 Third Party MOTION to Intervene Plaintiff filed by D.C., Allison Taylor Johns, K.C., L.S., M.S. (Sea, Douglas) (Entered: 11/18/2011)

Nov. 18, 2011

Nov. 18, 2011

PACER
66

ORDER denying without predjudice 50 Motion to Seal - The exhibits [DE-43, 44, 45] presently under provisional seal shall remain provisionally sealed for a period of 14 days or, if a motion to seal is filed, until further order. Any response to a motion shall be filed within 10 days after service of the motion. If a motion to seal is not timely filed as to any exhibit, the Clerk is DIRECTED to unseal that exhibit. Signed by Magistrate Judge Robert B. Jones, Jr. on 12/02/2011. (Baker, C.) (Entered: 12/02/2011)

Dec. 2, 2011

Dec. 2, 2011

RECAP
67

ORDER granting 55 Motion to Intervene as Plaintiff as to Interested Party M.S. - Where the motion to disqualify counsel still remains before the court for decision, the deadlines for defendants to respond to the motion for preliminary injunction and first motion to certify class remain stayed. When decision is reached on the motion to disqualify counsel, the court shall promptly institute deadlines for defendants to respond to said pending motions. The Clerk is DIRECTED to conform the docket in accordance with the court's direction in footnote 1 of this order. Signed by District Judge Louise Wood Flanagan on 12/05/2011. (Baker, C.) (Entered: 12/05/2011)

Dec. 5, 2011

Dec. 5, 2011

RECAP
68

Corrected MOTION to Seal Document by D.C., Allison Taylor Johns, K.C., L.S., M.S. (Attachments: # 1 Text of Proposed Order) (Rittelmeyer, John) (Entered: 12/09/2011)

1 Text of Proposed Order

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Dec. 9, 2011

Dec. 9, 2011

PACER
69

Memorandum in Support re 68 Corrected MOTION to Seal Document filed by D.C., Allison Taylor Johns, K.C., L.S., M.S. (Rittelmeyer, John) (Entered: 12/09/2011)

Dec. 9, 2011

Dec. 9, 2011

PACER
70

MOTION for Temporary Restraining Order by D.C., Allison Taylor Johns, K.C., L.S., M.S. (Attachments: # 1 Affidavit West Declaration, # 2 Affidavit Penny C Supp Declaration, # 3 Affidavit Stitt Declaration, # 4 Affidavit Rachelle S Supp Declaration, # 5 Affidavit Heath Supp Declaration) (Sea, Douglas) (Entered: 12/20/2011)

1 Affidavit West Declaration

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2 Affidavit Penny C Supp Declaration

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3 Affidavit Stitt Declaration

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4 Affidavit Rachelle S Supp Declaration

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5 Affidavit Heath Supp Declaration

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Dec. 20, 2011

Dec. 20, 2011

PACER
71

Memorandum in Support re 70 MOTION for Temporary Restraining Order filed by D.C., Allison Taylor Johns, K.C., L.S., M.S.. (Sea, Douglas) (Entered: 12/20/2011)

Dec. 20, 2011

Dec. 20, 2011

RECAP
72

Proposed Order re 70 MOTION for Temporary Restraining Order filed by D.C., Allison Taylor Johns, K.C., L.S., M.S. (Sea, Douglas) (Entered: 12/21/2011)

Dec. 21, 2011

Dec. 21, 2011

PACER
73

RESPONSE re 70 MOTION for Temporary Restraining Order PBH Defendants' Initial Response filed by Piedmont Behavioral Healthcare Area Mental Health, Developmental Disabilities and Substance Abuse Authority, Pamela Shipman. (Martin, Stephen) (Entered: 12/21/2011)

Dec. 21, 2011

Dec. 21, 2011

RECAP
74

*DOCUMENT CORRECTED AND REFILED AT DOCKET ENTRY 75 * - REPLY to Response to Motion re 70 MOTION for Temporary Restraining Order filed by D.C., Allison Taylor Johns, K.C., L.S., M.S.. (Attachments: # 1 Exhibit PBH Progress Notes) (Sea, Douglas) Modified on 12/22/2011 to include refiling information. (Baker, C.) (Entered: 12/22/2011)

1 Exhibit PBH Progress Notes

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Dec. 22, 2011

Dec. 22, 2011

PACER
75

REPLY to Response to Motion re 70 MOTION for Temporary Restraining Order FOOTNOTE 3 CORRECTED filed by D.C., Allison Taylor Johns, K.C., L.S., M.S.. (Attachments: # 1 Exhibit PBH Progress Notes) (Sea, Douglas) (Entered: 12/22/2011)

1 Exhibit PBH Progress Notes

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Dec. 22, 2011

Dec. 22, 2011

PACER
76

ORDER Setting Hearing on 27 MOTION to Disqualify Counsel - Motion Hearing set for 12/29/2011 at 1:00 PM in Wilmington - Courtroom 3 before Magistrate Judge Robert B. Jones Jr. Signed by Magistrate Judge Robert B. Jones, Jr on 12/22/2011. (Baker, C.) (Entered: 12/22/2011)

Dec. 22, 2011

Dec. 22, 2011

PACER
77

MOTION for Extension of Time to File Answer re 54 Intervenor Complaint by Lanier M. Cansler. (Attachments: # 1 Text of Proposed Order) (Smith, Belinda) (Entered: 12/22/2011)

1 Text of Proposed Order

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Dec. 22, 2011

Dec. 22, 2011

PACER
78

ANSWER to 54 Intervenor Complaint Answer and Affirmative Defenses by Piedmont Behavioral Healthcare Area Mental Health, Developmental Disabilities and Substance Abuse Authority, Pamela Shipman. (Martin, Stephen) (Entered: 12/27/2011)

Dec. 27, 2011

Dec. 27, 2011

PACER
79

MOTION for Leave to File Notice of Appearance Manually by Alison R. Bost. (Attachments: # 1 Text of Proposed Order) (Hartman, M.) (Entered: 12/28/2011)

1 Text of Proposed Order

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Dec. 28, 2011

Dec. 28, 2011

PACER
80

NOTICE of Appearance by Alison R. Bost on behalf of Piedmont Behavioral Healthcare Area Mental Health, Developmental Disabilities and Substance Abuse Authority and Pamela Shipman. (Hartman, M.) (Entered: 12/28/2011)

Dec. 28, 2011

Dec. 28, 2011

PACER
81

ORDER granting 79 Motion for Leave to File Notice of Appearance Manually - Signed by Dennis P. Iavarone, Clerk of Court on 12/28/2011. (Baker, C.) (Entered: 12/28/2011)

Dec. 28, 2011

Dec. 28, 2011

PACER
82

ORDER denying 70 Motion for Temporary Restraining Order - Preliminary injunctive relief, of course, remains available to plaintiffs, upon the proper showing. The stay currently in place promptly shall be lifted upon decision on the motion to disqualify counsel. Upon decision by the magistrate judge, the parties immediately shall confer (with benefit of new counsel, should defense counsel be disqualified), and determine three alternative dates of availability for conduct of administrative conference by telephone before the undersigned to discuss parameters of a briefing schedule on motions for preliminary injunction and class certification. Notice of said dates and times agreed to shall be provided by counsel to the case manager together with contact information for lead counsel. The court will endeavor to make itself available at one of the times proposed. Signed by District Judge Louise Wood Flanagan on 12/28/2011. (Baker, C.) (Entered: 12/28/2011)

Dec. 28, 2011

Dec. 28, 2011

RECAP
83

Minute Entry for proceedings held before Magistrate Judge Robert B. Jones, Jr.: Motion Hearing, re: 27 MOTION to Disqualify Counsel and 68 Corrected MOTION to Seal Document held on 12/29/2011 in Wilmington, Courtroom 3. Counsel for plaintiffs and defendants present. Arguments made by both sides. Court allows 27 MOTION to Disqualify Counsel and 68 Corrected MOTION to Seal Document. Written order to follow. (Court Reporter FTR Gold) (Grady, B.) (Entered: 12/29/2011)

Dec. 29, 2011

Dec. 29, 2011

PACER
84

ORDER granting 68 Motion to Seal Document - The court finds good cause to allow Plaintiffs' motion to seal the Affidavit of Reid C. Adams [DE-43] in its entirety and Exhibits F and G to the affidavit [DE-43-6 and DE-43-7], the Affidavit of Murray C. Greason, III [DE-44] in its entirety and Exhibits E and F to the affidavit [DE-44-5 and DE-44-6], and the Affidavit of David J. Mazza [DE-45] in its entirety and Exhibits E and F to the affidavit [DE-45-5 and DE 45-6]. Signed by Magistrate Judge Robert B. Jones, Jr. on 12/29/2011. (Baker, C.) (Entered: 12/29/2011)

Dec. 29, 2011

Dec. 29, 2011

RECAP
85

OFFICIAL TRANSCRIPT OF HEARING ON (#27) PLAINTIFFS' MOTION TO DISQUALIFY COUNSEL AND (#68) PLAINTIFFS' MOTION TO SEAL DOCUMENTS Proceedings held on 12/29/2011, before Magistrate Judge Robert B. Jones, Jr. Transcriber Janice Russell. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Please review Attorney obligations regarding the redaction of electronic transcripts of court proceedings available on the court's website. Redaction Request due 1/27/2012. Redacted Transcript Deadline set for 2/6/2012. Release of Transcript Restriction set for 4/5/2012. (Steele, F.) (Entered: 01/03/2012)

Jan. 3, 2012

Jan. 3, 2012

PACER
86

SEALED ORDER re 27 MOTION to Disqualify Counsel - Signed by Magistrate Judge Robert B. Jones, Jr. on 01/10/2012. (Baker, C.) (Entered: 01/10/2012)

Jan. 10, 2012

Jan. 10, 2012

PACER
87

WRITTEN ORDER following ORAL ORDER granting 27 MOTION to Disqualify Counsel - (Redacted). Signed by Magistrate Judge Robert B. Jones, Jr. on 01/10/2012. (Baker, C.) (Entered: 01/10/2012)

Jan. 10, 2012

Jan. 10, 2012

RECAP
88

ANSWER to 54 Intervenor Complaint by Lanier M. Cansler. (Stauffer, Iain) (Entered: 01/11/2012)

Jan. 11, 2012

Jan. 11, 2012

PACER
97

ORDER granting 91 Motion to Seal Document; denying 92 Motion to Dismiss Appeal; and, denying 96 Motion for Extension of Time to File Response to Appeal - Defendants' appeal was timely. Neither Rule 72(a) nor Local Rule 72.4(a) sets fo rth a deadline for responding to a party's objections to a magistrate's order on a nondispositive matter. The 1983 Advisory Committee Note to Rule 72(a) provides, however, that opportunity for such a response is contemplated. Where expedien t resolution of this matter is in the interest of all parties involved, the court DENIES plaintiffs' request for extension but allows plaintiffs ten (10) days from entry of this order to respond to defendants' appeal. Signed by District Judge Louise Wood Flanagan on 01/27/2012. (Baker, C.)

Jan. 28, 2012

Jan. 28, 2012

RECAP
154

ORDER granting 31 Motion for Preliminary Injunction and 34 Motion to Certify Class - Counsel for plaintiffs are directed to provide appropriate notice to the class pursuant to Rule 23 of the Federal Rules of Civil Procedure. Counsel requesting to be appointed as class counsel in plaintiffs' motion for class certification lodged on the docket at entry 34 are appointed pursuant to Fed. R. Civ. P. 23(g). Plaintiffs shall post immediately the bond discussed herein. Further order shall follow addressing case scheduling issues. Signed by District Judge Louise Wood Flanagan on 03/29/2012. (Baker, C.)

March 30, 2012

March 30, 2012

RECAP
155

INITIAL ORDER REGARDING PLANNING AND SCHEDULING - Counsel should review the attached order for critical deadlines and information. The court also notes plaintiffs' pending motion to seal at docket entry 99. For good cause shown, plaintiff's motion is granted. Signed by District Judge Louise Wood Flanagan on 04/03/2012. (Baker, C.)

April 5, 2012

April 5, 2012

RECAP
175

QUALIFIED PROTECTIVE ORDER - Signed by District Judge Louise Wood Flanagan on 08/14/2013. (Baker, C.)

Aug. 14, 2013

Aug. 14, 2013

RECAP
188

ORDER granting 186 Motion to Stay Discovery Pending Submission and Approval of Settlement Agreement - For good cause shown, the Court grants the parties' joint motion to stay discovery pending submission and approval of a settlement agreement . If appropriate settlement documentation is not filed within sixty (60) days, a status report shall be filed informing of progress of settlement activities and what additional time is requested to finalize same. Signed by District Judge Louise Wood Flanagan on 08/28/2014. (Baker, C.)

Aug. 28, 2014

Aug. 28, 2014

RECAP
201

ORDER granting 197 Motion to Seal 196 PROPOSED SEALED Document and 195 PROPOSED SEALED Exhibit - Signed by District Judge Louise Wood Flanagan on 12/15/2014. (Baker, C.)

Dec. 15, 2014

Dec. 15, 2014

RECAP
205

ORDER granting 199 Joint Expedited Motion for Preliminary Approval of Settlement Agreement, Notice to Class Members, Scheduling of Fairness Hearing, Final Approval of Settlement Agreement, and Clarification of Class Definition - Signed by District Judge Louise Wood Flanagan on 1/2/2015. (Tripp, S.)

Jan. 2, 2015

Jan. 2, 2015

RECAP
89

APPEAL OF US MAGISTRATE JUDGE DECISION to District Court by Piedmont Behavioral Healthcare Area Mental Health, Developmental Disabilities and Substance Abuse Authority, Pamela Shipman re 86 SEALED Order, 87 Order (Wilder,

Jan. 24, 2012

Jan. 24, 2012

91

MOTION to Seal Document 90 PROPOSED SEALED Memorandum in Support, by Piedmont Behavioral Healthcare Area Mental Health, Developmental Disabilities and Substance Abuse Authority, Pamela Shipman. (Attachments: # 1 Text of Proposed Order) (Wilder, Raboteau) (Entered: 01/24/2012)

Jan. 24, 2012

Jan. 24, 2012

92

MOTION to Dismiss for Lack of Jurisdiction Appeal of Magistrate's Order by D.C., Allison Taylor Johns, K.C., L.S., M.S. (Sea, Douglas) (Entered: 01/25/2012)

Jan. 25, 2012

Jan. 25, 2012

93

Memorandum in Support re 92 MOTION to Dismiss for Lack of Jurisdiction Appeal of Magistrate's Order filed by D.C., Allison Taylor Johns, K.C., L.S., M.S. (Sea, Douglas) (Entered: 01/25/2012)

Jan. 25, 2012

Jan. 25, 2012

94

RESPONSE to Motion re 91 MOTION to Seal Document 90 PROPOSED SEALED Memorandum in Support, filed by D.C., Allison Taylor Johns, K.C., L.S., M.S. (Sea, Douglas) (Entered: 01/25/2012)

Jan. 25, 2012

Jan. 25, 2012

95

*DOCUMENT CORRECTED AND REFILED AT DOCKT ENTRY 96 * − First MOTION for Extension of Time to File Response as to 89 Appeal of Magistrate Judge Decision to District Court by D.C., a minor, Allison Taylor Johns, K.C., a minor, L.S., a minor, M.S., a minor. (Attachments: # 1 Text of Proposed Order) (Sea, Douglas) Modified on 1/25/2012 to insert refiling information. (Baker, C.) (Entered: 01/25/2012)

Jan. 25, 2012

Jan. 25, 2012

96

Amended MOTION for Extension of Time to File Response as to 89 Appeal of Magistrate Judge Decision to District Court Corrected by D.C., a minor, Allison Taylor Johns, K.C., a minor, L.S., a minor and M.S., a minor. (Attachments: # 1 Text of Proposed Order) (Sea, Douglas) (Entered: 01/25/2012)

Jan. 25, 2012

Jan. 25, 2012

98

SEALED RESPONSE (Selected Participants Only) by Jane Perkins (available to: Defendants Lanier M. Cansler, Piedmont Behavioral Healthcare Area Mental Health, Developmental Disabilities and Substance Abuse Authority, Pamela Shipman, Plaintiffs D.C., Allison Taylor Johns, K.C., L.S., Intervenor Plaintiff M.S.) re 90 SEALED Memorandum in Support. (Perkins, Martha) (Entered: 02/01/2012)

Feb. 1, 2012

Feb. 1, 2012

99

MOTION to Seal Document 98 PROPOSED SEALED Response, by D.C., Allison Taylor Johns, K.C., L.S., M.S. (Attachments: # 1 Text of Proposed Order) (Perkins, Martha) (Entered: 02/01/2012)

Feb. 1, 2012

Feb. 1, 2012

Case Details

State / Territory: North Carolina

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Olmstead Cases

Multi-LexSum (in sample)

Key Dates

Filing Date: July 5, 2011

Closing Date: Dec. 31, 2017

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Individuals with developmental disabilities who receive home-based Medicaid-funded services under North Carolina's "Innovations Waiver."

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

NDRN/Protection & Advocacy Organizations

Legal Services/Legal Aid

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

NC Department of Health and Human Services, State

Piedmont Behavioral Healthcare (PBH), Private Entity/Person

Defendant Type(s):

Hospital/Health Department

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Declaratory Judgment Act, 28 U.S.C. § 2201

Medicaid, 42 U.S.C §1396 (Title XIX of the Social Security Act)

Constitutional Clause(s):

Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Preliminary injunction / Temp. restraining order

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $375,000

Order Duration: 2015 - 2017

Content of Injunction:

Preliminary relief granted

Issues

General:

Deinstitutionalization/decarceration

Habilitation (training/treatment)

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

Reassessment and care planning

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

disability, unspecified

Integrated setting

Least restrictive environment

Mental impairment

Mental Disability:

Intellectual/developmental disability, unspecified

Benefit Source:

Medicaid