Case: Peter B. v. Sanford

6:10-cv-00767 | U.S. District Court for the District of South Carolina

Filed Date: March 24, 2010

Closed Date: Aug. 18, 2017

Clearinghouse coding complete

Case Summary

The plaintiffs, several individuals with developmental disabilities, filed this challenge to South Carolina's proposed reduction of services under its MR/RD (intellectual disabilities and related disorders) Waiver program. In January 2010, the South Carolina Department of Health and Human Services (SCDHHS) announced a plan to reduce home-based services under the MR/RD Waiver as well as to cap the number of nursing and other home-care hours available through the Waiver. The plaintiffs contende…

The plaintiffs, several individuals with developmental disabilities, filed this challenge to South Carolina's proposed reduction of services under its MR/RD (intellectual disabilities and related disorders) Waiver program. In January 2010, the South Carolina Department of Health and Human Services (SCDHHS) announced a plan to reduce home-based services under the MR/RD Waiver as well as to cap the number of nursing and other home-care hours available through the Waiver. The plaintiffs contended that these reductions would force them to move to institutions in order to receive necessary services. The plaintiffs filed their complaint in the U.S. District Court for the District of South Carolina on March 24, 2010.

The plaintiffs filed a motion for preliminary injunction on April 29, 2010. The federal magistrate judge (Judge Bruce Howe Hendricks) issued a report and recommendation granting the motion on November 24, 2010. Judge Hendricks found that the plaintiffs had satisfied the requirements for an injunction and ordered the state to maintain the Plaintiffs' services at the level they were provided prior to 2010. The District Court (Judge J. Michelle Childs) adopted this report and recommendation as an order on March 7, 2010.

At the same time, the parties engaged in a dispute over the inclusion of the governor (Gov. Mark Sanford and later Gov. Nikki Haley) as a defendant. Governor Sanford first moved to be dismissed from the case on April 21, 2010. On December 6, 2010, Magistrate Judge Hendricks recommended dismissing the Governor. On February 1, 2011, Judge Childs ordered that the Governor be dismissed with respect to those claims filed in the original complaint. The plaintiffs, however, had alleged additional claims against the Governor. On October 26, 2011, Sanford and Haley moved to be dismissed from the case, claiming that state sovereign immunity applied to their official actions. The court granted this motion and dismissed the governor and former governor on June 13, 2012. The plaintiffs filed a motion for reconsideration on this matter, which the court denied on June 27, 2012, concluding that "plaintiffs have not demonstrated a recent change in the law, newly discovered evidence, or a clear error by this court which merits any alteration or amendment to the prior order." 2012 WL 2428109. Plaintiffs then filed an appeal to the U.S. Court of Appeals for the Fourth Circuit; the Fourth Circuit denied the appeal on October 25, 2012.

On the substantive claims, both parties filed motions for summary judgment in August 2012. At that time, two of the three plaintiffs had prevailed in appeals to the South Carolina Administrative Law Court and had not faced reductions in their services as a result. On March 7, 2013, District Judge Cain granted in part and denied in part Defendant's motion for summary judgment. Because two of the three plaintiffs had prevailed in the Administrative Law Court, the Court found their claims moot and granted summary judgment in favor of the defendant. However, the last plaintiff's claims remained ripe, and the Court denied the defendant's motion. The court also denied the plaintiffs' motion for summary judgment and the defendant's motions to dismiss. 2013 WL 869607.

On July 14, 2014, the defendants moved to dismiss the third plaintiff's claims as moot. At this point, the last plaintiff had received his desired relief (having his adult companion services restored) through administrative and state channels. The Court thus granted the Defendant's motion to dismiss on December 10, 2014, and issued a judgment dismissing the case.

One plaintiff then filed an appeal to the U.S. Court of Appeals for the Fourth Circuit in January 2015, arguing that the March 7, 2013 order was in error. On April 29, the Court of Appeals affirmed the judgment of the District Court. In February 2017, the plaintiffs filed a petition for writ of certiorari with the U.S. Supreme Court. The Court denied the petition in April 2017.

On May 1, 2017, the plaintiffs filed a motion for attorneys' fees and GAL fees. The defendants moved to dismiss the motion, arguing that it was untimely. On July 28, 2017, Judge Timothy Cain granted the defendants' motion, denying the plaintiff attorneys' fees without addressing the merits of his claim. 2017 WL 4457775. In August, the plaintiff appealed the denial of fees to the U.S. Court of Appeals for the Fourth Circuit. On June 19, 2018, Judges Motz, Keenan, and Senior Circuit Judge Shedd affirmed the denial for plaintiff attorneys' fees "for the reasons stated by the district court." They also denied the plaintiff's motion to supplement the record, finding that the facts and legal contentions were already sufficiently presented to warrant additional materials unnecessary.

On August 14, the Fourth Circuit denied defendant's petition for rehearing en banc. Four days later, the Fourth Circuit issued a mandate affirming the district court's judgement.

The case is closed.

Summary Authors

Beth Kurtz (3/21/2013)

Maria Ricaurte (2/8/2016)

Cedar Hobbs (6/1/2020)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4957054/parties/b-v-sanford/


Judge(s)

Cain, Timothy Martin (South Carolina)

Childs, Julianna Michelle (South Carolina)

Hendricks, Bruce H. (South Carolina)

Keenan, Barbara Milano (Virginia)

Motz, Diana Jane Gribbon (Maryland)

Shedd, Dennis W. (South Carolina)

Attorneys(s) for Plaintiff

Anthony, Kenneth C. (South Carolina)

Harrison, Patricia (South Carolina)

Ray, Sandra Kerr (South Carolina)

Attorneys(s) for Defendant

Davidson, William Henry II (South Carolina)

Judge(s)

Cain, Timothy Martin (South Carolina)

Childs, Julianna Michelle (South Carolina)

Hendricks, Bruce H. (South Carolina)

Keenan, Barbara Milano (Virginia)

Motz, Diana Jane Gribbon (Maryland)

Shedd, Dennis W. (South Carolina)

Attorneys(s) for Plaintiff

Anthony, Kenneth C. (South Carolina)

Harrison, Patricia (South Carolina)

Ray, Sandra Kerr (South Carolina)

Attorneys(s) for Defendant

Davidson, William Henry II (South Carolina)

Gaskins, E. Brandon (South Carolina)

Woodington, Kenneth P. (South Carolina)

Other Attorney(s)

Corson, Philip (South Carolina)

Darwin, Anna Maria (South Carolina)

Horne, Anderson McClaine (South Carolina)

Mitchell, Kirby (South Carolina)

St. Onge, Sarah (South Carolina)

Unumb, Daniel (South Carolina)

Documents in the Clearinghouse

Document

6:10-cv-00767

Docket [PACER]

Aug. 22, 2018

Aug. 22, 2018

Docket
11

6:10-cv-00767

Defendant Governor Sanford's Motion to Dismiss Plaintiff's Complaint

April 21, 2010

April 21, 2010

Pleading / Motion / Brief
12-1

6:10-cv-00767

Motion for Preliminary Injunction

April 29, 2010

April 29, 2010

Pleading / Motion / Brief
71

6:10-cv-00767

Magistrate Report and Recommendation Granting Motion for Preliminary Injunction

Nov. 24, 2010

Nov. 24, 2010

Magistrate Report/Recommendation
73

6:10-cv-00767

Magistrate's Report and Recommendation Granting Governor's Motion to Dismiss

Dec. 6, 2010

Dec. 6, 2010

Magistrate Report/Recommendation
93

6:10-cv-00767

Order Granting Motion to Dismiss Governor as Defendant

Feb. 1, 2011

Feb. 1, 2011

Order/Opinion
95

6:10-cv-00767

Order and Opinion Granting Preliminary Injunction

March 7, 2011

March 7, 2011

Order/Opinion
108

6:10-cv-00767

Amended Complaint

May 25, 2011

May 25, 2011

Complaint
169

6:10-cv-00767

Defendants' Motion for Summary Judgment and/ or to Dismiss Based on Mootness

March 6, 2012

March 6, 2012

Pleading / Motion / Brief
174

6:10-cv-00767

Memorandum of Law as Amici Curiae on Issues Under the Americans With Disabilities Act, Rehabilitation Act, Medicaid Provisions and Federal and State Law

March 30, 2012

March 30, 2012

Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4957054/b-v-sanford/

Last updated Aug. 27, 2022, 3:20 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Beverly Buscemi, Kelly Floyd, Emma Forkner, Marshall C Sanford, South Carolina Department of Disabilities and Special Needs, The, South Carolina Department of Health and Human Services, The (Filing fee $350 receipt number 0420-2626981.), filed by Jimmy Chip E, Peter B, Karen W, Michelle M.(kmca) (Main Document 1 replaced on 3/26/2010) (kmca, ). (Entered: 03/25/2010)

March 24, 2010

March 24, 2010

PACER
4

Local Rule 26.01 Answers to Interrogatories by Peter B, Jimmy Chip E, Michelle M, Karen W.(kmca) (Entered: 03/26/2010)

March 24, 2010

March 24, 2010

PACER
5

Summons Issued as to Beverly Buscemi, Kelly Floyd, Emma Forkner, Marshall C Sanford, South Carolina Department of Disabilities and Special Needs, The, South Carolina Department of Health and Human Services, The. (kmca) (Entered: 03/26/2010)

March 26, 2010

March 26, 2010

PACER
6

SUMMONS Returned Executed by Jimmy Chip E, Peter B, Karen W, Michelle M. Beverly Buscemi served on 4/1/2010, answer due 4/22/2010; Kelly Floyd served on 4/1/2010, answer due 4/22/2010; Emma Forkner served on 4/8/2010, answer due 4/29/2010; Marshall C Sanford served on 4/1/2010, answer due 4/22/2010; South Carolina Department of Disabilities and Special Needs, The served on 4/1/2010, answer due 4/22/2010; South Carolina Department of Health and Human Services, The served on 4/8/2010, answer due 4/29/2010. (Attachments: # 1 certified mailing green cards)(Harrison, Patricia) (Entered: 04/09/2010)

1 certified mailing green cards

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April 9, 2010

April 9, 2010

PACER
7

MOTION for Extension of Time to File Answer re 1 Complaint, 5 Summons Issued by Beverly Buscemi, Kelly Floyd, Emma Forkner, South Carolina Department of Disabilities and Special Needs, The, South Carolina Department of Health and Human Services, The. Response to Motion due by 5/3/2010 No proposed orderMotions referred to Bruce Howe Hendricks.(Woodington, Kenneth) (Entered: 04/14/2010)

April 14, 2010

April 14, 2010

PACER
10

TEXT ORDER GRANTING 7 MOTION for Extension of Time to File Answer. Beverly Buscemi answer due 5/7/2010; Kelly Floyd answer due 5/7/2010; Emma Forkner answer due 5/7/2010; South Carolina Department of Disabilities and Special Needs, The, answer due 5/7/2010; South Carolina Department of Health and Human Services, The, answer due 5/7/2010. Signed by Magistrate Judge Bruce Howe Hendricks on 4/15/10. (kmca) (Entered: 04/15/2010)

April 15, 2010

April 15, 2010

PACER
11

First MOTION to Dismiss by Marshall C Sanford. Response to Motion due by 5/11/2010 (Attachments: # 1 Memo in Support)No proposed orderMotions referred to Bruce Howe Hendricks.(Gaskins, E) (Entered: 04/21/2010)

1 Memo in Support

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April 21, 2010

April 21, 2010

PACER
12

MOTION for Preliminary Injunction by Peter B, Jimmy Chip E, Michelle M. Response to Motion due by 5/17/2010 (Attachments: # 1 Memo in Support Memorandum in Support, # 2 Certificate of Service, # 3 Exhibit Declaration of Carolyn Brown, # 4 Exhibit Testimony of Jackie Walker, # 5 Exhibit Declaration of Tod Reel, # 6 Exhibit Affidavit of Barbara Morgan, # 7 Exhibit Affidavit/letter of Mel Patterson, MD, # 8 Exhibit LAC audit of SCDDSN, # 9 Exhibit White House Press release, # 10 Exhibit Thomas Perez re: Olmstead enforcement, # 11 Exhibit Affidavit of Jimmy "Chip" E., # 12 Exhibit List of Services, Year 5, # 13 Exhibit List of Services, Year 1, # 14 Exhibit Newspaper articles "Workability Center, # 15 Exhibit SC Appropriations Act, # 16 Exhibit Declaration of Lennie Mullis, # 17 Exhibit Budget and Control Minutes, # 18 Exhibit Newspaper article, arrest of Whitten Center Employee, # 19 Exhibit 1994 Whitten Center investigation, # 20 Exhibit SC Code 44-26-140, # 21 Exhibit Direct Care Alliance, # 22 Exhibit AARP, A Balancing Act, # 23 Exhibit Letter of David Goodell, # 24 Exhibit Letter of Beverly Buscemi, # 25 Exhibit SCDDSN Annual Acct. Report)No proposed orderMotions referred to Bruce Howe Hendricks.(Harrison, Patricia) (Entered: 04/29/2010)

1 Memo in Support Memorandum in Support

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2 Certificate of Service

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3 Exhibit Declaration of Carolyn Brown

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4 Exhibit Testimony of Jackie Walker

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5 Exhibit Declaration of Tod Reel

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6 Exhibit Affidavit of Barbara Morgan

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7 Exhibit Affidavit/letter of Mel Patterson, MD

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8 Exhibit LAC audit of SCDDSN

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9 Exhibit White House Press release

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10 Exhibit Thomas Perez re: Olmstead enforcement

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11 Exhibit Affidavit of Jimmy "Chip" E.

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12 Exhibit List of Services, Year 5

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13 Exhibit List of Services, Year 1

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14 Exhibit Newspaper articles "Workability Center

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15 Exhibit SC Appropriations Act

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16 Exhibit Declaration of Lennie Mullis

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17 Exhibit Budget and Control Minutes

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18 Exhibit Newspaper article, arrest of Whitten Center Employee

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19 Exhibit 1994 Whitten Center investigation

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20 Exhibit SC Code 44-26-140

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21 Exhibit Direct Care Alliance

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22 Exhibit AARP, A Balancing Act

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23 Exhibit Letter of David Goodell

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24 Exhibit Letter of Beverly Buscemi

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25 Exhibit SCDDSN Annual Acct. Report

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April 29, 2010

April 29, 2010

PACER
13

ANSWER to 1 Complaint, by Beverly Buscemi, Kelly Floyd, Emma Forkner, South Carolina Department of Disabilities and Special Needs, The, South Carolina Department of Health and Human Services, The.(Woodington, Kenneth) Modified on 5/26/2010: see 23 Answer to complaint (kmca). (Entered: 05/05/2010)

May 5, 2010

May 5, 2010

PACER
14

Local Rule 26.01 Answers to Interrogatories by Beverly Buscemi, Kelly Floyd, Emma Forkner, South Carolina Department of Disabilities and Special Needs, The, South Carolina Department of Health and Human Services, The.(Woodington, Kenneth) (Entered: 05/05/2010)

May 5, 2010

May 5, 2010

PACER
15

SCHEDULING ORDER: Rule 26(f) Conference Deadline 6/1/2010, 26(a) Initial Disclosures due by 6/15/2010, Rule 26 Report due by 6/15/2010, Amended Pleadings due by 8/3/2010, Plaintiffs ID of Expert Witness due by 9/2/2010, Defendants ID of Expert Witnesses Due by 10/4/2010, Records Custodian Affidavit due by 10/4/2010, Discovery due by 12/1/2010, Motions due by 12/16/2010, Mediation Due by 2/14/2011, Rule 26(a)(3) Disclosures due by 3/1/2011, Motion in Limine due by 3/14/2011, Pretrial Briefs due by 3/28/2011, Jury Selection Deadline 4/4/2011. Signed by Honorable R Bryan Harwell on 5/10/10. (kmca) (Entered: 05/10/2010)

May 10, 2010

May 10, 2010

PACER
16

RESPONSE in Opposition re 11 First MOTION to Dismiss Response filed by Peter B, Jimmy Chip E, Michelle M.Reply to Response to Motion due by 5/21/2010 (Harrison, Patricia) (Entered: 05/11/2010)

May 11, 2010

May 11, 2010

PACER
18

RESPONSE in Opposition re 12 MOTION for Preliminary Injunction Response filed by Marshall C Sanford.Reply to Response to Motion due by 5/27/2010 (Gaskins, E) (Entered: 05/17/2010)

May 17, 2010

May 17, 2010

PACER
19

RESPONSE in Opposition re 12 MOTION for Preliminary Injunction Response filed by Beverly Buscemi, Kelly Floyd, Emma Forkner, South Carolina Department of Disabilities and Special Needs, The, South Carolina Department of Health and Human Services, The.Reply to Response to Motion due by 5/27/2010 (Attachments: # 1 Exhibit 1, ALC decision, # 2 Exhibit 2, Forkner affidavit, # 3 Exhibit 3, Lacy affidavit, # 4 Exhibit 4, Roberts affidavit, # 5 Exhibit 5, Moore affidavit, # 6 Exhibit 6, Priest affidavit)(Woodington, Kenneth) Modified on 6/14/2010: see 28 Amended and Supplemental Response (kmca). Modified on 11/8/2010: see 70 Supplement (kmca). (Entered: 05/17/2010)

1 Exhibit 1, ALC decision

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2 Exhibit 2, Forkner affidavit

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3 Exhibit 3, Lacy affidavit

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4 Exhibit 4, Roberts affidavit

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5 Exhibit 5, Moore affidavit

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6 Exhibit 6, Priest affidavit

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May 17, 2010

May 17, 2010

PACER
21

REPLY to Response to Motion re 11 First MOTION to Dismiss Response filed by Marshall C Sanford. (Gaskins, E) (Entered: 05/21/2010)

May 21, 2010

May 21, 2010

PACER
22

MOTION to Appoint Attorney/Guardian ad Litem by Peter B, Jimmy Chip E, Michelle M, Karen W. Response to Motion due by 6/14/2010 (Attachments: # 1 Certificate of Service, # 2 Petition for Guardian Ad Litem)Proposed order is being emailed to chambers with copy to opposing counsel.Motions referred to Bruce Howe Hendricks.(Harrison, Patricia) Modified on 5/27/2010: to remove duplicate text (kmca). Modified on 6/7/2010: see 24 Certificate of Consultation (kmca). (Entered: 05/26/2010)

1 Certificate of Service

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2 Petition for Guardian Ad Litem

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May 26, 2010

May 26, 2010

PACER
23

ANSWER to 1 Complaint, (as re-filed after personal service of Complaint) by Beverly Buscemi, Kelly Floyd, Emma Forkner, South Carolina Department of Disabilities and Special Needs, The, South Carolina Department of Health and Human Services, The.(Woodington, Kenneth) (Entered: 05/26/2010)

May 26, 2010

May 26, 2010

PACER
24

CERTIFICATE OF CONSULTATION byPeter B, Michelle M re 22 MOTION to Appoint Attorney/Guardian ad Litem ad Litem. (Harrison, Patricia) (Entered: 06/07/2010)

June 7, 2010

June 7, 2010

PACER
26

ORDER granting 22 Motion to Appoint Guardian ad Litem. Appointed Sandra Kerr Ray for Peter B, Sandra Kerr Ray for Michelle M. Signed by Magistrate Judge Bruce Howe Hendricks on 6/8/10.(kmca) (Entered: 06/08/2010)

June 8, 2010

June 8, 2010

PACER
28

Amended and Supplemental RESPONSE in Opposition re 12 MOTION for Preliminary Injunction, filed by Beverly Buscemi, Kelly Floyd, Emma Forkner, South Carolina Department of Disabilities and Special Needs, The, South Carolina Department of Health and Human Services, The.Reply to Response to Motion due by 6/21/2010 (Attachments: # 1 Exhibit Amended and Supplemental Lacy Affidavit)(Woodington, Kenneth) Modified on 6/14/2010: to edit text (kmca). Modified on 11/8/2010: See 70 Supplement (kmca). (Entered: 06/11/2010)

1 Exhibit Amended and Supplemental Lacy Affidavit

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June 11, 2010

June 11, 2010

PACER
29

Rule 26(f) Report by Beverly Buscemi, Kelly Floyd, Emma Forkner, South Carolina Department of Disabilities and Special Needs, The, South Carolina Department of Health and Human Services, The. (Attachments: # 1 LR 26.03 Answers)(Woodington, Kenneth) (Entered: 06/15/2010)

1 LR 26.03 Answers

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June 15, 2010

June 15, 2010

PACER
30

Rule 26(f) Report by Marshall C Sanford.(Gaskins, E) (Main Document 30 replaced on 6/17/2010 with corrected document as provided by filing user) (kmca). (Entered: 06/15/2010)

June 15, 2010

June 15, 2010

PACER
31

Local Rule 26.03 Answers to Interrogatories by Marshall C Sanford.(Gaskins, E) (Main Document 31 replaced on 6/15/2010 with corrected document as provided by filing user) (kmca). (Entered: 06/15/2010)

June 15, 2010

June 15, 2010

PACER
36

Rule 26(f) Report by Peter B, Jimmy Chip E, Michelle M. (Attachments: # 1 LR 26.03 Answers)(Harrison, Patricia) (Main Document 36 replaced on 6/17/2010 to correct formatting as provided by filing user) (kmca). Modified on 6/17/2010: to correct filing date (kmca). (Entered: 06/17/2010)

1 LR 26.03 Answers

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June 15, 2010

June 15, 2010

PACER
37

DELETION OF DOCKET ENTRY NUMBER #32 Reply, Reason: incorrect main document, incorrect event. Corrected Filing Document Number 36 Rule 26(f) Report. Modified filing date to that of original filing: 6/15/10. (kmca) (Entered: 06/17/2010)

June 17, 2010

June 17, 2010

PACER
39

First MOTION for Extension of Time to File Response/Reply as to 28 Amended and Supplemental Response in Opposition to 12 Motion, by Peter B, Jimmy Chip E, Michelle M. Response to Motion due by 7/9/2010 No proposed order.Motions referred to Bruce Howe Hendricks.(Harrison, Patricia) Modified on 6/21/2010: to link to correct (amended and supplemental) link (kmca). (Entered: 06/21/2010)

June 21, 2010

June 21, 2010

PACER
41

TEXT ORDER granting 39 Motion for Extension of Time to File Response/Reply as to 28 Amended and Supplemental Response in Opposition to 12 MOTION for Preliminary Injunction. Reply due by 6/25/2010. Signed by Magistrate Judge Bruce Howe Hendricks on 6/22/10.(kmca) (Entered: 06/22/2010)

June 22, 2010

June 22, 2010

PACER
43

MOTION to Dismiss Karen W. as Plaintiff by Peter B, Jimmy Chip E, Michelle M, Karen W. Response to Motion due by 7/12/2010 No proposed order.Motions referred to Bruce Howe Hendricks.(Harrison, Patricia) Modified on 6/25/2010: to remove duplicate text (kmca). (Entered: 06/25/2010)

June 25, 2010

June 25, 2010

PACER
44

REPLY to Response to Motion re 12 MOTION for Preliminary Injunction Response filed by Peter B, Jimmy Chip E, Michelle M. (Attachments: # 1 Attachment 1, Affidavit of Chip E., # 2 Attachment 2, Dr. Barnard, # 3 Attachment 3, Amber Pliai, # 4 Attanchment 4Affidavit of B. Morgan, # 5 Attachment 5,Declaration of C. Brown, # 6 Attachment 6, Wall Str. Journal, # 7 Attachment 7, Hadded v. Arnold, # 8 Attachment 8, Wall Street, Chip E., # 9 Attachment 9, MRRD Waiver Cuts, # 10 Attachment 10, Audit of MRRD Waiver, # 11 Attachment 11, Accountability Report, # 12 Attachment 12, Chip E. Timesheets, # 13 Atachment 13, MCAC Report)(Harrison, Patricia) (Main Document 44, Attachment 3, 5, 6, 8, and 9 replaced on 6/29/2010 to replace with corrected documents as provided by filing user) NOTE: MAIN DOCUMENT UPDATED TO CORRECT TYPO ON PG 9, 12 AND 18 (kmca). (Entered: 06/26/2010)

1 Attachment 1, Affidavit of Chip E.

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2 Attachment 2, Dr. Barnard

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3 Attachment 3, Amber Pliai

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4 Attanchment 4Affidavit of B. Morgan

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5 Attachment 5,Declaration of C. Brown

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6 Attachment 6, Wall Str. Journal

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7 Attachment 7, Hadded v. Arnold

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8 Attachment 8, Wall Street, Chip E.

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9 Attachment 9, MRRD Waiver Cuts

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10 Attachment 10, Audit of MRRD Waiver

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11 Attachment 11, Accountability Report

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12 Attachment 12, Chip E. Timesheets

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13 Atachment 13, MCAC Report

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June 25, 2010

June 25, 2010

PACER
47

SUR REPLY to REPLY to Response to Motion re 12 MOTION for Preliminary Injunction Response filed by Beverly Buscemi, Kelly Floyd, Emma Forkner, South Carolina Department of Disabilities and Special Needs, The, South Carolina Department of Health and Human Services, The. (Woodington, Kenneth) (Entered: 07/02/2010)

July 2, 2010

July 2, 2010

PACER
48

RESPONSE to Motion re 43 MOTION to Dismiss Motion to Dismiss Karen W. as Plaintiff Response filed by Beverly Buscemi, Kelly Floyd, Emma Forkner, South Carolina Department of Disabilities and Special Needs, The, South Carolina Department of Health and Human Services, The.Reply to Response to Motion due by 7/19/2010 (Woodington, Kenneth) (Entered: 07/07/2010)

July 7, 2010

July 7, 2010

PACER
50

TEXT ORDER granting 43 Motion to Dismiss Karen W. as Plaintiff, as all other parties have either consented or filed no response. Signed by Honorable R Bryan Harwell on 7/15/2010.(mwel, ) (Entered: 07/15/2010)

July 15, 2010

July 15, 2010

PACER
51

MOTION to Amend/Correct Complaint by Peter B, Jimmy Chip E, Michelle M. Response to Motion due by 8/20/2010 (Attachments: # 1 Proposed amended complaint)Proposed order is being emailed to chambers with copy to opposing counsel.Motions referred to Bruce Howe Hendricks.(Harrison, Patricia) (Main Document 51 replaced on 8/5/2010 with correct document as provided by filing user)(Additional attachment added on 8/5/2010: # 2 Addendum to Motion (at request of chambers) (kmca). (Entered: 08/03/2010)

1 Proposed amended complaint

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2 Addendum to Motion

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Aug. 3, 2010

Aug. 3, 2010

PACER
53

RESPONSE in Opposition re 51 MOTION to Amend/Correct Motion to Amend Complaint and Proposed Order Response filed by Beverly Buscemi, Kelly Floyd, Emma Forkner, South Carolina Department of Disabilities and Special Needs, The, South Carolina Department of Health and Human Services, The.Reply to Response to Motion due by 8/30/2010 (Woodington, Kenneth) (Entered: 08/19/2010)

Aug. 19, 2010

Aug. 19, 2010

PACER
54

RESPONSE in Opposition re 51 MOTION to Amend/Correct Motion to Amend Complaint and Proposed Order Response filed by Marshall C Sanford.Reply to Response to Motion due by 8/30/2010 (Gaskins, E) (Entered: 08/19/2010)

Aug. 19, 2010

Aug. 19, 2010

PACER
56

Case Reassigned to Judge Honorable J Michelle Childs. Judge Honorable R Bryan Harwell no longer assigned to the case. (glev, ) (Entered: 08/23/2010)

Aug. 23, 2010

Aug. 23, 2010

PACER
57

NOTICE of Hearing on Motion: Motion Hearing set for 9/13/2010, 02:00 PM in Greenville #1, Clement F Haynsworth Fed Bldg, 300 E Washington St, Greenville before Magistrate Judge Bruce Howe Hendricks. NOTE: While the parties should be prepared to discuss issues related to all outstanding motions, particular attention should be paid to the 12 MOTION for Preliminary Injunction and the related requirements of irreparable harm and ripeness.(kmca) (Entered: 08/26/2010)

Aug. 26, 2010

Aug. 26, 2010

PACER
58

MOTION to Continue by Beverly Buscemi, Kelly Floyd, Emma Forkner, South Carolina Department of Disabilities and Special Needs, The, South Carolina Department of Health and Human Services, The. Response to Motion due by 9/13/2010 No proposed orderMotions referred to Bruce Howe Hendricks.(Woodington, Kenneth) (Entered: 08/26/2010)

Aug. 26, 2010

Aug. 26, 2010

PACER
60

TEXT ORDER granting 58 Motion to Continue. Signed by Magistrate Judge Bruce Howe Hendricks on 8/30/10.(kmca) (Entered: 08/30/2010)

Aug. 30, 2010

Aug. 30, 2010

PACER
61

NOTICE of Cancellation of Hearing: Motion Hearing set for 9/13/2010, 02:00 PM in Greenville #1. (kmca) (Entered: 08/30/2010)

Aug. 30, 2010

Aug. 30, 2010

PACER
62

NOTICE OF RESCHEDULED HEARING: Motion Hearing set for 9/13/2010, 02:00 PM in Greenville #1, CANCELED and rescheduled to: Motion Hearing set for 9/28/2010 10:00 AM in Greenville #1, Clement F Haynsworth Fed Bldg, 300 E Washington St, Greenville before Magistrate Judge Bruce Howe Hendricks. NOTE: While the parties should be prepared to discuss issues related to all outstanding motions, particular attention should be paid to the 12 MOTION for Preliminary Injunction and the related requirements of irreparable harm and ripeness.(kmca) (Entered: 08/30/2010)

Aug. 30, 2010

Aug. 30, 2010

PACER
63

MOTION for Extension of Time and Stay of Scheduling Order by Peter B, Jimmy Chip E, Michelle M. Response to Motion due by 9/17/2010 No proposed orderMotions referred to Bruce Howe Hendricks.(Harrison, Patricia) (Entered: 08/31/2010)

Aug. 31, 2010

Aug. 31, 2010

PACER
65

TEXT ORDER granting 63 Motion for Extension of Time and Stay of Scheduling Order. The parties will submit an Amended Scheduling Order after the Hearing on September 28, 2010. Signed by Magistrate Judge Bruce Howe Hendricks on 9/2/10.(kmca) (Entered: 09/02/2010)

Sept. 2, 2010

Sept. 2, 2010

PACER
66

Amicus Curiae APPEARANCE entered by Sarah Garland St Onge on behalf of Protection and Advocacy for People with Disabilities, Inc., South Carolina Legal Services, South Carolina Chapter of the National Academy of Elder Law Attorneys. (St Onge, Sarah) (Entered: 09/22/2010)

Sept. 22, 2010

Sept. 22, 2010

PACER
68

Minute Entry. Proceedings held before Magistrate Judge Bruce Howe Hendricks: Motion Hearing held on 9/28/2010 re 12 MOTION for Preliminary Injunction filed by Michelle M, Jimmy Chip E, Peter B, 11 First MOTION to Dismiss filed by Marshall C Sanford, 51 MOTION to Amend/Correct filed by Michelle M, Jimmy Chip E, Peter B. After oral arguments motions 12 and 51 are taken under advisement. Court Reporter Karen E Martin. (kric, ) Modified on 9/28/2010 to edit docket text (kric, ). (Entered: 09/28/2010)

Sept. 28, 2010

Sept. 28, 2010

PACER
69

ORAL ORDER taking under advisement 51 Motion to Amend/Correct; taking under advisement 12 Motion for Preliminary Injunction; Written order forthcoming. Signed by Magistrate Judge Bruce Howe Hendricks on 9/28/2010.(kric, ) (Entered: 09/28/2010)

Sept. 28, 2010

Sept. 28, 2010

PACER
70

SUPPLEMENT by Beverly Buscemi, Kelly Floyd, Emma Forkner, South Carolina Department of Disabilities and Special Needs, The, South Carolina Department of Health and Human Services, The to 28 Response in Opposition to Motion, 19 Response in Opposition to Motion,,. (Attachments: # 1 Exhibit 1, ALC order denying supersedeas, # 2 Exhibit 2, Ct. App. order denying supersedeas, # 3 Exhibit ALC supersedeas petition)(Woodington, Kenneth) (Entered: 11/08/2010)

1 Exhibit 1, ALC order denying supersedeas

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2 Exhibit 2, Ct. App. order denying supersedeas

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3 Exhibit ALC supersedeas petition

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Nov. 8, 2010

Nov. 8, 2010

PACER
71

REPORT AND RECOMMENDATIONS that the plaintiffs' Motion for Injunctive Relief [Doc. 12] be GRANTED and the defendants be ordered to maintain and/or return services in the quality, kind, and volume enjoyed by the plaintiffs prior to January 1, 2010, and, in the case of Peter B., prior to July 2009. Objections to R&R due by 12/13/2010. Signed by Magistrate Judge Bruce Howe Hendricks on 11/24/10. (kmca) (Entered: 11/24/2010)

Nov. 24, 2010

Nov. 24, 2010

RECAP
72

ORDER granting in part and denying in part plaintiffs' 51 Motion to Amend/Correct Complaint. Specifically, the plaintiffs have leave to file the entirety of their proposed Amended Complaint [Doc. 51-1], except for those averments related to the American Recovery and Reinvestment Act and the presence 42 U.S.C. § 1985 in the title of Count Five. Signed by Magistrate Judge Bruce Howe Hendricks on 12/2/10.(kmca) (Entered: 12/02/2010)

Dec. 2, 2010

Dec. 2, 2010

PACER
73

REPORT AND RECOMMENDATIONS that defendant Sanford's 11 First MOTION to Dismiss be GRANTED as to all causes of action in the plaintiffs' original 1 Complaint. Notwithstanding, the defendant should not be dismissed from the case insofar as additional averments against him, related to newly added Medicaid Act and 42 U.S.C. § 1983 claims, have not been implicated, and, therefore, are not addressed, by the present motion. Objections to R&R due by 12/23/2010. Signed by Magistrate Judge Bruce Howe Hendricks on 12/6/10. (kmca) (Entered: 12/06/2010)

Dec. 6, 2010

Dec. 6, 2010

RECAP
74

OBJECTION to 71 Report and Recommendations by Beverly Buscemi, Kelly Floyd, Emma Forkner, South Carolina Department of Disabilities and Special Needs, The, South Carolina Department of Health and Human Services, The. (Attachments: # 1 Exhibit 1, Buscemi affidavit with attachments, # 2 Exhibit Whorton statement)(Woodington, Kenneth) (Main Document 74, Attachment 1 and Attachment 2 replaced on 12/14/2010 to correct Judge's initials) (kmca). (Entered: 12/13/2010)

1 Exhibit 1, Buscemi affidavit with attachments

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2 Exhibit Whorton statement

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Dec. 13, 2010

Dec. 13, 2010

PACER
76

MOTION for Extension of Time to File Answer (unopposed) by Beverly Buscemi, Kelly Floyd, Emma Forkner, South Carolina Department of Disabilities and Special Needs, The, South Carolina Department of Health and Human Services, The. Response to Motion due by 1/4/2011 No proposed orderMotions referred to Bruce Howe Hendricks.(Woodington, Kenneth) (Entered: 12/14/2010)

Dec. 14, 2010

Dec. 14, 2010

PACER
79

TEXT ORDER Granting defendants' 76 MOTION for Extension of Time to File Answer (unopposed) to Amended Complaint when filed. (Defendants' Answer to Amended Complaint due 14 days after Amended Complaint is filed). Signed by Magistrate Judge Bruce Howe Hendricks on 12/16/10. (kmca) (Entered: 12/16/2010)

Dec. 16, 2010

Dec. 16, 2010

PACER
80

MOTION to Withdraw 72 Order on Motion to Amend/Correct, by Peter B, Jimmy Chip E, Michelle M. Response to Motion due by 1/7/2011 (Attachments: # 1 Exhibit 1, Order of the US Court of Appeals for the Ninth Circuit, Gray Panthers of San Francisco v. Arnold Schwarzenegger, Governor of the State of California, et. al., dated January 11, 2010, # 2 Exhibit 2, Letter from SC Governor Marshall C. Sanford to Peter Orszag, Director of the US Office of Management and Budget dated April 3, 2009, # 3 Exhibit 3, CMS Bulletin: American Recovery and Reinvestment Act of 2009, Frequently asked Questions from States dated July 7, 2009)Proposed order is being emailed to chambers with copy to opposing counsel.Motions referred to Bruce Howe Hendricks.(Harrison, Patricia) (Main Document 80 replaced on 12/17/2010: to replace incorrect document (header, caption and case number) with corrected document as provided by filing user) (kmca). Modified on 12/17/2010: to add descriptions to exhibits (kmca). (Entered: 12/16/2010)

1 Exhibit 1, Order of the US Court of Appeals for the Ninth Circuit, Gray Panthers

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2 Exhibit 2, Letter from SC Governor Marshall C. Sanford to Peter Orszag, Director

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3 Exhibit 3, CMS Bulletin: American Recovery and Reinvestment Act of 2009, Frequen

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Dec. 16, 2010

Dec. 16, 2010

PACER
82

RESPONSE in Opposition re 80 MOTION to Withdraw 72 Order on Motion to Amend/Correct. Response filed by Beverly Buscemi, Kelly Floyd, Emma Forkner, South Carolina Department of Disabilities and Special Needs, The, South Carolina Department of Health and Human Services, The.Reply to Response to Motion due by 1/4/2011 (Woodington, Kenneth) Modified on 12/21/2010: to remove duplicate text (kmca). (Entered: 12/20/2010)

Dec. 20, 2010

Dec. 20, 2010

PACER
84

MOTION for Extension of Time to File Response/Reply as to 74 Objection to Report and Recommendations, Unopposed Motion to Extend Time for Plaintiffs to Reply to Defendants' Objections to Report and Recommendation of Magistrate Judge by Peter B, Jimmy Chip E, Michelle M. Response to Motion due by 1/7/2011 No proposed order.(Harrison, Patricia) Modified on 12/22/2010: to remove automatic referral to Magistrate Judge Hendricks (kmca). (Entered: 12/21/2010)

Dec. 21, 2010

Dec. 21, 2010

PACER
86

TEXT ORDER granting 84 Unopposed Motion for Extension of Time to File Response/Reply as to 74 Objection to 71 REPORT AND RECOMMENDATIONS. Replies due by 1/5/2011. Signed by Honorable J Michelle Childs on 12/22/10.(kmca) (Entered: 12/22/2010)

Dec. 22, 2010

Dec. 22, 2010

PACER
87

REPLY by Peter B, Jimmy Chip E, Michelle Mto 74 Objection to Report and Recommendations,. (Attachments: # 1 Exhibit Comptroller General of SC News Release dated August 20, 2010)(Harrison, Patricia) (Entered: 01/05/2011)

1 Exhibit Comptroller General of SC News Release dated August 20, 2010

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Jan. 5, 2011

Jan. 5, 2011

PACER
89

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 9/28/10, before Judge Bruce H. Hendricks. Court Reporter Karen E. Martin, Telephone number 864-201-8411, email Karen_E_Martin@scd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained from the Court Reporter or through PACER. Parties have 7 calendar days from the filing of the transcript to file with the court a Notice of Intent to Request Redaction. Redaction Request due 2/2/2011. Redacted Transcript Deadline set for 2/14/2011. Release of Transcript Restriction set for 4/12/2011. (kmartin) (Entered: 01/12/2011)

Jan. 12, 2011

Jan. 12, 2011

PACER
90

REPLY by Beverly Buscemi, Kelly Floyd, Emma Forkner, South Carolina Department of Disabilities and Special Needs, The, South Carolina Department of Health and Human Services, Theto 87 Reply(Do not use this event to reply to a Motion), 74 Objection to Report and Recommendations,. (Woodington, Kenneth) (Entered: 01/12/2011)

Jan. 12, 2011

Jan. 12, 2011

PACER
92

TEXT ORDER denying 80 Motion to Withdraw 72 Order on Motion to Amend/Correct Complaint. This matter is before the Court on the motion of the plaintiffs to withdraw and for clarification. [Doc. 80.] With all due respect to some of the nuance raised in the plaintiffs' brief, the Court would decline to modify its Order. Whether by a denial to amend or a request to withdraw, the result is largely the same -- that the proposed American Recovery and Reinvestment Act claim will not proceed. The Court is not unaware of strategic differences between the two, in this and other cases. That being said, to the Court, the matter has been resolved in keeping with the procedural development in this case and adequately considers the claims as proposed. Moreover, the Court would not make any ruling regarding the effect of its amendment ruling on discovery in this case, going forward. That issue is not before the Court; there is no discovery dispute at hand. Signed by Magistrate Judge Bruce Howe Hendricks on 1/31/11.(kmca) (Entered: 01/31/2011)

Jan. 31, 2011

Jan. 31, 2011

PACER
93

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 73 Report and Recommendations. It is therefore ORDERED that Defendant's 11 First Motion to Dismiss filed by Marshall C Sanford, is GRANTED as to all causes of action in Plaintiffs' original 1 Complaint. Defendant is not dismissed from the case insofar as additional averments against him, related to newly added Medicaid Act and 42U.S.C. § 1983 claims, have not been implicated, and, therefore, are not addressed, by the present motion. Signed by Honorable J Michelle Childs on 2/1/11. (kmca) (Entered: 02/01/2011)

Feb. 1, 2011

Feb. 1, 2011

RECAP
94

Case Reassigned to Judge Magistrate Judge Jacquelyn D Austin. Judge Magistrate Judge Bruce Howe Hendricks no longer assigned to the case. **Case number changed to 6-10-cv-767-JMC-JDA. Please make a note of it for future filings. (kmca) (Entered: 02/07/2011)

Feb. 7, 2011

Feb. 7, 2011

PACER
95

ORDER ADOPTING 71 REPORT AND RECOMMENDATIONS and GRANTING Plaintiffs' 12 Motion for Preliminary Injunction, filed by Michelle M, Jimmy Chip E, and Peter B. Defendants shall maintain and/or return services in the quality, kind, and volume enjoyed by Plaintiffs prior to January 1, 2010, and, in the case of Peter B., prior to July 2009. Signed by Honorable J Michelle Childs on 3/7/11. (kmca) (Entered: 03/07/2011)

March 7, 2011

March 7, 2011

RECAP
97

MOTION to Amend/Correct 1 Complaint, by Peter B, Jimmy Chip E, Michelle M. Response to Motion due by 5/5/2011 (Attachments: # 1 Main Document Amended Complaint)Proposed order is being emailed to chambers with copy to opposing counselMotions referred to Jacquelyn D Austin.(Harrison, Patricia) (Entered: 04/18/2011)

1 Main Document Amended Complaint

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April 18, 2011

April 18, 2011

PACER
99

MOTION to Substitute Attorney (in form of proposed Consent Order) by Marshall C Sanford. Response to Motion due by 5/23/2011 (Attachments: # 1 Exhibit 1, Letter from K. Woodington to Court)No proposed order.Motions referred to Jacquelyn D Austin.(Woodington, Kenneth) (Additional attachment added on 5/6/2011: # 2 Certificate of Service Pursuant to LR 83.I.07 as provided by filing user) (kmca). (Entered: 05/04/2011)

1 Exhibit 1, Letter from K. Woodington to Court

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2 Certificate of Service Pursuant to LR 83.I.07

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May 4, 2011

May 4, 2011

PACER
100

RESPONSE in Opposition re 97 MOTION to Amend/Correct 1 Complaint, MOTION to Amend/Correct 1 Complaint, (partially opposing) Response filed by Beverly Buscemi, Kelly Floyd, Emma Forkner, Marshall C Sanford, South Carolina Department of Disabilities and Special Needs, The, South Carolina Department of Health and Human Services, The.Reply to Response to Motion due by 5/16/2011 (Woodington, Kenneth) (Entered: 05/04/2011)

May 4, 2011

May 4, 2011

PACER
103

TEXT ORDER granting 99 Consent Motion to Substitute Attorney for Defendant Marshall C Sanford. Kenneth Woodington substituted for E Brandon Gaskins. Signed by Magistrate Judge Jacquelyn D Austin on 5/12/11.(kmca) (Entered: 05/12/2011)

May 12, 2011

May 12, 2011

PACER
105

REPLY to Response to Motion re 97 MOTION to Amend/Correct 1 Complaint, MOTION to Amend/Correct 1 Complaint, Response filed by Peter B, Jimmy Chip E, Michelle M. (Harrison, Patricia) (Entered: 05/16/2011)

May 16, 2011

May 16, 2011

PACER
106

ORDER granting Plaintiffs' 97 Motion to Amend/Correct 1 complaint. Plaintiffs have leave to file the proposed Amended Complaint as revised consistent with this Order. Plaintiff shall file the Amended Complaint within seven (7) days of this Order. Signed by Magistrate Judge Jacquelyn D Austin on 5/20/11.(kmca) (Entered: 05/20/2011)

May 20, 2011

May 20, 2011

PACER
108

AMENDED COMPLAINT Amended Complaint to include Nikki Randhawa Haley, Anthony Keck,Richard Huntress against Beverly Buscemi, Kelly Floyd, Marshall C Sanford, South Carolina Department of Disabilities and Special Needs, The, South Carolina Department of Health and Human Services, The, filed by Jimmy Chip E, Peter B, Michelle M. (Harrison, Patricia) (Entered: 05/25/2011)

May 25, 2011

May 25, 2011

RECAP
110

ANSWER to 108 Amended Complaint, by Beverly Buscemi, Kelly Floyd, Richard Huntress, Anthony Keck, South Carolina Department of Disabilities and Special Needs, The, South Carolina Department of Health and Human Services, The.(Woodington, Kenneth) (Entered: 06/03/2011)

June 3, 2011

June 3, 2011

PACER
111

ANSWER to 108 Amended Complaint, by Marshall C Sanford.(Woodington, Kenneth) (Entered: 06/03/2011)

June 3, 2011

June 3, 2011

PACER
112

ANSWER to 108 Amended Complaint, by Nikki Randhawa Haley.(Woodington, Kenneth) (Entered: 06/03/2011)

June 3, 2011

June 3, 2011

PACER
114

MOTION to Compel, MOTION for Sanctions (Response to Motion due by 6/30/2011) by Peter B, Jimmy Chip E, Michelle M. (Attachments: # 1 Memo in Support, # 2 Exhibit 1 Excerpt from Service Coordinator Manual re; support plan, # 3 Exhibit 2 Letter dated November 9, 2010 transmitting plan of care, # 4 Exhibit 3 Plan of Care approved by doctor, psychologist and service provider dated Nov. 2010, pages 1-56, # 5 Exhibit 3 cont. Plan of care approved by doctor, psychologist and service provider dated Nov., 2010 pages 56-125, # 6 Exhibit 4 Charles Lea Center Plan of Care, # 7 Exhibit 5 List of providers contacted by Peter's guardian)No proposed order.Motions referred to Jacquelyn D Austin.(Harrison, Patricia) Modified on 6/14/2011: to add exhibit numbers (kmca). (Attachment 3, 4, 5 and 6 replaced on 6/16/2011 for redaction purposes as provided by filing user) (kmca). (Entered: 06/13/2011)

1 Memo in Support

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2 Exhibit 1 Excerpt from Service Coordinator Manual re; support plan

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3 Exhibit 2 Letter dated November 9, 2010 transmitting plan of care

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4 Exhibit 3 Plan of Care approved by doctor, psychologist and service provider dat

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5 Exhibit 3 cont. Plan of care approved by doctor, psychologist and service provi

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6 Exhibit 4 Charles Lea Center Plan of Care

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7 Exhibit 5 List of providers contacted by Peter's guardian

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June 13, 2011

June 13, 2011

PACER
115

CERTIFICATE OF CONSULTATION byPeter B, Jimmy Chip E, Michelle M re 114 MOTION to Compel MOTION for Sanctions. (Harrison, Patricia) (Entered: 06/15/2011)

June 15, 2011

June 15, 2011

PACER
117

AMENDED ANSWER to 108 Amended Complaint, by Marshall C Sanford. (Woodington, Kenneth) (Entered: 06/17/2011)

June 17, 2011

June 17, 2011

PACER
118

AMENDED ANSWER to 108 Amended Complaint, by Nikki Randhawa Haley. (Woodington, Kenneth) (Entered: 06/17/2011)

June 17, 2011

June 17, 2011

PACER
120

RESPONSE in Opposition re 114 MOTION to Compel MOTION for Sanctions Response filed by Beverly Buscemi, Kelly Floyd, Nikki Randhawa Haley, Richard Huntress, Anthony Keck, Marshall C Sanford, South Carolina Department of Disabilities and Special Needs, The, South Carolina Department of Health and Human Services, The.Reply to Response to Motion due by 7/11/2011 (Attachments: # 1 Buscemi Affidavit, # 2 Exhibit 1 to Buscemi Affidavit, Waiver Manual excerpt, # 3 Exhibit 2, to Buscemi Affidavit, RFP document, # 4 Moore Affidavit, # 5 Exhibit 1, to Moore Affidavit, Single Plan excerpts, # 6 Exhibit 2 to Moore Affidavit, Calendar showing activities)(Woodington, Kenneth) Modified on 7/1/2011: to remove duplicative text (kmca). (Entered: 06/30/2011)

1 Affidavit Buscemi Affidavit

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2 Exhibit 1 to Buscemi Affidavit,, Waiver Manual excerpt

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3 Exhibit 2, to Buscemi Affidavit,, RFP document

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4 Affidavit Moore Affidavit

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5 Exhibit 1, to Moore Affidavit,, Single Plan excerpts

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6 Exhibit 2 to Moore Affidavit,, Calendar showing activities

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June 30, 2011

June 30, 2011

PACER
121

Second MOTION to Amend/Correct Complaint by Peter B, Jimmy Chip E, Michelle M. Response to Motion due by 7/18/2011 (Attachments: # 1 proposed amended complaint)No proposed orderMotions referred to Jacquelyn D Austin.(Harrison, Patricia) (Entered: 06/30/2011)

1 proposed amended complaint

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June 30, 2011

June 30, 2011

PACER
123

REPLY to Response to Motion re 114 MOTION to Compel MOTION for Sanctions Response filed by Peter B, Jimmy Chip E, Michelle M. (Attachments: # 1 List of Exhibits and Exhibit 1, Testimony from SC DHHS "Fair Hearing", B. v. SC DHHS, # 2 Exhibit 2, Affidavit of Carolyn B., # 3 Exhibit 3, Order of Barry Streeter, # 4 Exhibit 4, B. v. SC DHHS,SC Court of Appeals, Order, # 5 Exhibit 5, Affidavit of Lennie Mullis, # 6 Exhibit 6, Calendar, # 7 Exhibit 7, Excerpts from MRRD Waiver Application, # 8 Exhibit 8, SC DHHS Qualified Provider List, # 9 Exhibit 9, Letter to Patricia Harrison from Ken Woodington, # 10 Exhibit 10, Report of Dr. Deil, # 11 Exhibit 11, Training records of Charles Lea Center)(Harrison, Patricia) Modified on 7/12/2011: to correct typo (kmca). (Attachment 1 and 4 replaced on 7/18/2011 to redact plaintiff's name; Attachment 3 replaced on 7/18/2011 to replace illegible attachment, as provided by filing user) (kmca). (Entered: 07/11/2011)

1 List of Exhibits and Exhibit 1, Testimony form SC DHHS "Fair Hearing"

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2 Exhibit 2, Affidavit of Carolyn B.

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3 Exhibit 3, Order of Barry Streeter

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4 Exhibit 4, Brown V. SC DHHS,SC Court of Appeals, Order

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5 Exhibit 5, Affidavit of Lennie Mullis

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6 Exhibit 6, Calendar

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7 Exhibit 7, Excerpts from MRRD Waiver Application

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8 Exhibit 8, SC DHHS Qualified Provider List

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9 Exhibit 9, Letter to Patricia Harrison from Ken Woodington

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10 Exhibit 10, Report of Dr. Deil

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11 Exhibit 11, Training records of Charles Lea Center

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July 11, 2011

July 11, 2011

PACER
124

RESPONSE in Opposition re 121 Second MOTION to Amend/Correct Complaint Response filed by Beverly Buscemi, Kelly Floyd, Nikki Randhawa Haley, Richard Huntress, Anthony Keck, Marshall C Sanford, South Carolina Department of Disabilities and Special Needs, The, South Carolina Department of Health and Human Services, The.Reply to Response to Motion due by 7/28/2011 (Woodington, Kenneth) (Entered: 07/18/2011)

July 18, 2011

July 18, 2011

PACER
125

MOTION to Strike 123 Reply to Response to Motion, by Beverly Buscemi, Kelly Floyd, Nikki Randhawa Haley, Richard Huntress, Anthony Keck, Marshall C Sanford, South Carolina Department of Disabilities and Special Needs, The, South Carolina Department of Health and Human Services, The. Response to Motion due by 8/5/2011 No proposed order.Motions referred to Jacquelyn D Austin.(Woodington, Kenneth) Modified on 7/21/2011: see 128 Consultation Certificate (kmca). (Entered: 07/19/2011)

July 19, 2011

July 19, 2011

PACER
128

CERTIFICATE OF CONSULTATION by Beverly Buscemi, Kelly Floyd, Nikki Randhawa Haley, Richard Huntress, Anthony Keck, Marshall C Sanford, South Carolina Department of Disabilities and Special Needs, The, South Carolina Department of Health and Human Services, The re 125 MOTION to Strike 123 Reply to Response to Motion. (Woodington, Kenneth) Modified on 7/21/2011: to remove duplicative text (kmca). (Entered: 07/21/2011)

July 21, 2011

July 21, 2011

PACER
129

REPLY to Response to Motion re 121 Second MOTION to Amend/Correct Complaint. Reply filed by Peter B, Jimmy Chip E, Michelle M. (Attachments: # 1 Exhibit 1, Barbara Hickey v.SCHHS, Order dated July 19, 2011)(Harrison, Patricia) Modified on 7/29/2011: to remove duplicative text (kmca). (Entered: 07/28/2011)

1 Exhibit 1, Barbara Hickey v.SCHHS, Order dated July 19, 2011

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July 28, 2011

July 28, 2011

PACER
130

MOTION for Extension of Time to Extend Date for Identifying Experts by Peter B, Jimmy Chip E, Michelle M. Response to Motion due by 8/15/2011 No proposed orderMotions referred to Jacquelyn D Austin.(Harrison, Patricia) (Entered: 07/28/2011)

July 28, 2011

July 28, 2011

PACER
131

TEXT ORDER: Plaintiffs' 121 Second Motion to Amend to add an additional Plaintiff on grounds that the new Plaintiff has similar allegations against the Defendants is DENIED. This case was filed on 3/24/2010 and recently amended on 5/25/2011. This court has granted the Plaintiffs opportunity to make substantial amendments to its original complaint (going from 44 to over 320 paragraphs). While Rule 15(a)(2) provides that a party may, at anytime, amend its complaint by leave of court, and that leave should be freely given when justice so requires, this generous standard is tempered by the necessary power of a district court to manage a case. At this point, the court finds that allowing the proposed amendment in this action would be prejudicial to Defendants. The fact-specific nature of the allegations against Defendants weighs against the addition of a new Plaintiff with different fact-specific claims. It does not appear that Plaintiffs' counsel is foreclosed from filing a separate action on the part of this new plaintiff. Signed by Magistrate Judge Jacquelyn D Austin on 7/28/11.(kmca) (Entered: 07/29/2011)

July 29, 2011

July 29, 2011

PACER
132

TEXT ORDER denying 114 Motion to Compel; denying 114 Motion for Sanctions. Upon review of the the pleadings and affidavits accompanying this motion and Defendants' response, the Court does not find that Defendants have violated the March 7, 2011 order of this Court. Therefore sanctions for contempt are not appropriate. Further, Plaintiffs' request that the Court order the State to hire a care giver who is not a qualified contractor of services under its procurement guidelines is denied. This court finds that it has no such authority unless the policy or procedure to qualify such contractor services is found to be unconstitutional. Signed by Magistrate Judge Jacquelyn D Austin on 7/28/11.(kmca) (Entered: 07/29/2011)

July 29, 2011

July 29, 2011

PACER
133

TEXT ORDER: The Parties are directed to submit, to chambers, an agreed upon joint proposed amended scheduling order within 5 days of this text order. Signed by Magistrate Judge Jacquelyn D Austin on 7/28/11. (kmca) (Entered: 07/29/2011)

July 29, 2011

July 29, 2011

PACER
134

CONSENT AMENDED SCHEDULING ORDER: 26(a) Initial Disclosures due by 8/29/2011, Plaintiffs ID of Expert Witness due by 9/30/2011, Defendants ID of Expert Witnesses Due by 10/31/2011, Records Custodian Affidavit due by 11/15/2011, Discovery due by 3/30/2012, Motions due by 4/20/2012, Rule 26(a)(3) Disclosures due by 5/15/2012, Jury Selection Deadline 7/16/2012. Signed by Honorable J Michelle Childs on 8/2/11. (kmca) (Entered: 08/02/2011)

Aug. 2, 2011

Aug. 2, 2011

PACER
135

MEDIATION ORDER: Mediation Due by 4/10/2012. Signed by Honorable J Michelle Childs on 8/2/11. (kmca) (Entered: 08/02/2011)

Aug. 2, 2011

Aug. 2, 2011

PACER
136

TEXT ORDER granting 130 Motion for Extension of Time. See 134 Consent Amended Scheduling Order for deadlines. Signed by Magistrate Judge Jacquelyn D Austin on 8/2/11.(kmca) (Entered: 08/02/2011)

Aug. 2, 2011

Aug. 2, 2011

PACER
137

RESPONSE in Opposition re 125 MOTION to Strike 123 Reply to Response to Motion. Response filed by Peter B, Jimmy Chip E, Michelle M. Reply to Response to Motion due by 8/15/2011 (Attachments: # 1 Exhibit 1, Affidavit of Carolyn B., # 2 Exhibit 2, Affidavit of Lennie Mullis)(Harrison, Patricia) Modified on 8/8/2011: to remove duplicative text (kmca). (Entered: 08/05/2011)

1 Exhibit 1, Affidavit of Carolyn B.

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2 Exhibit 2, Affidavit of Lennie Mullis

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Aug. 5, 2011

Aug. 5, 2011

PACER
139

MOTION for Reconsideration/to Alter or Amend 132 Order on Motion to Compel, Order on Motion for Sanctions, by Peter B. Response to Motion due by 8/25/2011 (Attachments: # 1 Exhibit 1, B__v. SC Dept. HHS, SC Court of Appeals order dated April 20, 2011, # 2 Exhibit 2, Statement of DOJ on Enforcement of the ADA)Proposed order is being emailed to chambers with copy to opposing counsel.Motions referred to Jacquelyn D Austin.(Harrison, Patricia) Modified on 8/9/2011: to correct motion relief (kmca). (Entered: 08/08/2011)

1 Exhibit 1, B__v. SC Dept. HHS, SC Court of Appeals order dated April 20, 2011

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2 Exhibit 2, Statement of DOJ on Enforcement of the ADA

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Aug. 8, 2011

Aug. 8, 2011

PACER
140

CERTIFICATE OF CONSULTATION byPeter B re 139 MOTION for Reconsideration. (Harrison, Patricia) (Entered: 08/09/2011)

Aug. 9, 2011

Aug. 9, 2011

PACER
141

MOTION to Quash or for Protective Order by Beverly Buscemi, Kelly Floyd, Nikki Randhawa Haley, Richard Huntress, Anthony Keck, Marshall C Sanford, South Carolina Department of Disabilities and Special Needs, The, South Carolina Department of Health and Human Services, The. Response to Motion due by 8/29/2011 (Attachments: # 1 Exhibit Subpoena)No proposed orderMotions referred to Jacquelyn D Austin.(Woodington, Kenneth) (Entered: 08/10/2011)

1 Exhibit Subpoena

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Aug. 10, 2011

Aug. 10, 2011

PACER
142

REPLY to Response to Motion re 125 MOTION to Strike 123 Reply to Response to Motion,,, MOTION to Strike 123 Reply to Response to Motion,,, Response filed by Beverly Buscemi, Kelly Floyd, Nikki Randhawa Haley, Richard Huntress, Anthony Keck, Marshall C Sanford, South Carolina Department of Disabilities and Special Needs, The, South Carolina Department of Health and Human Services, The. (Woodington, Kenneth) (Entered: 08/15/2011)

Aug. 15, 2011

Aug. 15, 2011

PACER
144

NOTICE to counsel: Magistrate Judge Austin is no longer assigned to this case. Please use the case number 6:10-767-JMC for all future filings. (awil) (Entered: 08/18/2011)

Aug. 18, 2011

Aug. 18, 2011

PACER
145

RESPONSE in Opposition re 139 MOTION for Reconsideration Response filed by Beverly Buscemi, Kelly Floyd, Nikki Randhawa Haley, Richard Huntress, Anthony Keck, Marshall C Sanford, South Carolina Department of Disabilities and Special Needs, The, South Carolina Department of Health and Human Services, The.Reply to Response to Motion due by 9/6/2011 (Woodington, Kenneth) (Entered: 08/25/2011)

Aug. 25, 2011

Aug. 25, 2011

PACER
146

REPLY to Response to Motion re 139 MOTION for Reconsideration Response filed by Peter B, Jimmy Chip E, Michelle M. (Harrison, Patricia) (Entered: 09/06/2011)

Sept. 6, 2011

Sept. 6, 2011

PACER

Case Details

State / Territory: South Carolina

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Olmstead Cases

Multi-LexSum (in sample)

Key Dates

Filing Date: March 24, 2010

Closing Date: Aug. 18, 2017

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiffs are individuals with developmental disabilities who receive services via South Carolina's MR/RD Waiver program.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

South Carolina Department of Health and Human Services, State

South Carolina Department of Disabilities and Special Needs, State

Defendant Type(s):

Hospital/Health Department

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

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

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

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

Constitutional Clause(s):

Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Mixed

Nature of Relief:

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Issues

General:

Deinstitutionalization/decarceration

Habilitation (training/treatment)

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

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

disability, unspecified

Integrated setting

Least restrictive environment

Mental impairment

Mental Disability:

Intellectual/developmental disability, unspecified

Medical/Mental Health:

Intellectual/Developmental Disability

Benefit Source:

Medicaid