Case: Hunter v. Cook

1:08-cv-02930 | U.S. District Court for the Northern District of Georgia

Filed Date: Sept. 18, 2008

Closed Date: 2015

Clearinghouse coding complete

Case Summary

On September 18, 2008, a child with severe mental and physical disabilities filed suit in the U.S. District Court for the Northern District of Georgia, under the Medicaid Act 42 U.S.C. §1396, and 42 U.S.C. §1983, against the agency that is responsible for administering Medicaid in the state of Georgia. The plaintiff, represented by attorneys from the Georgia Advocacy Office, sought temporary restraining orders, preliminary injunctions, and declaratory and injunctive relief. The plaintiff allege…

On September 18, 2008, a child with severe mental and physical disabilities filed suit in the U.S. District Court for the Northern District of Georgia, under the Medicaid Act 42 U.S.C. §1396, and 42 U.S.C. §1983, against the agency that is responsible for administering Medicaid in the state of Georgia. The plaintiff, represented by attorneys from the Georgia Advocacy Office, sought temporary restraining orders, preliminary injunctions, and declaratory and injunctive relief. The plaintiff alleged that the defendant violated his rights and due process in their procedure for deciding how many hours of private duty nursing hours he would receive.

On September 9, 2008, the district court (Judge Thomas W. Thrash Jr.) granted a temporary restraining order compelling the defendants to provide all hours of private duty nursing that the plaintiff's treating physician had requested (168 hours/week). On November 3rd, the court (Judge Thrash) granted in part and denied in part the plaintiff's motion for a preliminary injunction, preventing the defendants from enforcing any of their policies that would limit or reduce the number of private duty nursing hours a patient could receive that were not based on medical necessity. The injunction also decreased the number of hours of nursing the plaintiff received based on a schedule created by a physician working for the defendant.

Following a surgical operation, plaintiff required increased nursing hours and filed for a second temporary restraining order and preliminary injunction. On February 17, 2010, the District Court (Judge Thrash) granted these motions, compelling the defendants to provide significantly increased hours of private nursing.

Counsel for the plaintiff filed its second, and final, amended complaint on September 27, 2011. This complaint named five plaintiffs, all of whom had significant health problems. This final complaint reaffirmed the allegations from the first while adding a Fifth and Fourteenth Amendment cause for action, as well as the Americans with Disabilities Act's (ADA) prohibition on policies that have the discriminatory effect of segregating individuals with disabilities from the general population. Plaintiffs argued that the non-medically based denial of private, in-home nursing care will lead to the institutionalization, and thus segregation, of the plaintiffs. See Olmstead v. L.C. ex rel. Zimring, 527 U.S. 581 (1999).

The district court (Judge Thrash) granted a motion on behalf of the only plaintiff who was eighteen years old for a temporary restraining order compelling the defendants to provide the nursing care requested by a treating physician. On June 15, 2012, the court entered an order and opinion granting a permanent injunction that extended the effect of that restraining order. The defendant initially appealed this decision but it was voluntarily dismissed.

On August 2, 2012, the court denied the plaintiff's motion to certify the class because the plaintiffs failed to provide any evidence that indicated how many people would be able to make the same allegations against the defendant.

The defendant filed a motion for partial summary judgment on January 30, 2013, claiming that the plaintiffs had not provided enough evidence to prove their allegations regarding the Medicare Act, the Fifth and Fourteenth Amendments, and the ADA. The United States filed a brief as an interested party hoping to clarify the law regarding the ADA claim, urging the District Court to deny the motion for partial summary judgment. On May 22, 2013, the court issued an order granting the motion for partial summary judgment as it pertained to some elements of the Medicare Act claim as well as the Fifth and Fourteenth Amendment claims. The court denied the motion with regard to other Medicare Act allegations in addition to the ADA claim.

On August 5, 2013, the defendants offered the four remaining defendants a settlement consisting of individual nursing care plans and admitting no fault. Two of the defendants accepted this settlement offer.

On September 27, 2013, following a three day bench trial, the District Court (Judge Thrash) issued an opinion and order the prohibition of the defendant from reducing the number of hours of private nursing care below eighteen per day, for a period of 180 days or until further order of the court. This decision applied to both of the plaintiffs.

On October 25, 2013, the defendant filed to appeal this order and the order granting the permanent injunction to the eighteen-year-old plaintiff (US Court of Appeals Eleventh Circuit case #13-14950). The appeal was declared moot with regard to two of the plaintiffs, one of whom passed away, while the other turned twenty-one, precluding him from the relevant Medicare statute. The Eleventh Circuit Court of Appeals dismissed the appeal for lack of jurisdiction on January 5, 2015.

The court denied plaintiff's motion for attorneys' fees without prejudice on September 30, 2014. Plaintiff filed a second motion for attorneys' fees on January 20, 2015, and the court granted this motion on August 19, 2015, awarding the plaintiff $837,847.50 in attorneys' fees and $13,208.65 in expenses for a total award of $851,056.15. The defendant appealed, and the Court of Appeals affirmed the district court's decision.

Summary Authors

Benjamin St. Pierre (9/26/2014)

Elizabeth Heise (11/20/2018)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4241237/parties/hunter-v-medows/


Judge(s)

Thrash, Thomas W. Jr. (Georgia)

Attorneys(s) for Plaintiff

D'Ambrosio, Katherine Leigh (Georgia)

Herman, Vincent P. (District of Columbia)

Norris, Joshua A. (Georgia)

Rafferty [Miller], Paua Marie (Georgia)

Weber, Gerald R. (Georgia)

Attorneys(s) for Defendant

Collins, Jennifer Saffold (Georgia)

Dunn, Dennis R. (Georgia)

Hannah, Penny (Georgia)

Katz, Adam Scott (Georgia)

Judge(s)

Thrash, Thomas W. Jr. (Georgia)

Attorneys(s) for Plaintiff

D'Ambrosio, Katherine Leigh (Georgia)

Herman, Vincent P. (District of Columbia)

Norris, Joshua A. (Georgia)

Rafferty [Miller], Paua Marie (Georgia)

Weber, Gerald R. (Georgia)

Attorneys(s) for Defendant

Collins, Jennifer Saffold (Georgia)

Dunn, Dennis R. (Georgia)

Hannah, Penny (Georgia)

Katz, Adam Scott (Georgia)

LeGrande, Michelle W. (Georgia)

Naunas, Jason S. (Georgia)

Nelson, Shalen S. (Georgia)

Olens, Samuel (Georgia)

Townes, Michelle (Georgia)

Other Attorney(s)

Barkoff, Alison (District of Columbia)

Bond, Rebecca B. (District of Columbia)

Foran, Sheila (District of Columbia)

Hill, Eve L. (District of Columbia)

Perez, Thomas E. (District of Columbia)

Raish, Anne (District of Columbia)

Stokes, Sharon Douglas (Georgia)

Yates, Sally Quillian (Georgia)

Documents in the Clearinghouse

Document

1:08-cv-02930

Docket [PACER]

Hunter v. Meadows

Feb. 6, 2018

Feb. 6, 2018

Docket
1

1:08-cv-02930

Verified Complaint for Injunctive and Declaratory Relief

Hunter v. Meadows

Sept. 18, 2008

Sept. 18, 2008

Complaint
9

1:08-cv-02930

Order on Plaintiff's Motion for Temporary Restraining Order

Hunter v. Meadows

Oct. 1, 2008

Oct. 1, 2008

Order/Opinion
15

1:08-cv-02930

Order on Plaintiff's Motion for Preliminary Injunction

Hunter v. Meadows

2008 WL 8874314

Nov. 3, 2008

Nov. 3, 2008

Order/Opinion
34

1:08-cv-02930

Order Denying 12(b)(6) Motion to Dismiss

2009 WL 5062451

Dec. 16, 2009

Dec. 16, 2009

Order/Opinion
47

1:08-cv-02930

Order and Order Granting Second Motion for Temporary Restraining Order and Preliminary Injunction

Hunter v. Meadows

2010 WL 623475

Feb. 18, 2010

Feb. 18, 2010

Order/Opinion
81

1:08-cv-02930

Second Amended Class Action Complaint for Injunctive and Declaratory Relief

Oct. 27, 2011

Oct. 27, 2011

Complaint
113

1:08-cv-02930

Order Granting Motion for Preliminary Injunction Filed by Zachary Royal

2012 WL 2326115

June 19, 2012

June 19, 2012

Order/Opinion
121

1:08-cv-02930

Order denying Motion to Certify Class

Aug. 2, 2012

Aug. 2, 2012

Order/Opinion
171

1:08-cv-02930

Statement of Interest of the United States

March 14, 2013

March 14, 2013

Pleading / Motion / Brief

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4241237/hunter-v-medows/

Last updated Aug. 4, 2022, 3:09 a.m.

ECF Number Description Date Link Date / Link
1

VERIFIED COMPLAINT for Injunctive and Declaratory Relief filed by Marketric Hunter. (Filing fee $ 350 receipt number 4661.) (Attachments: # 1 Summons, # 2 Civil Cover Sheet)(dr) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. (Entered: 09/19/2008)

1 Summons

View on PACER

2 Civil Cover Sheet

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Sept. 18, 2008

Sept. 18, 2008

PACER
2

MOTION for Temporary Restraining Order, and MOTION for Preliminary Injunction by Marketric Hunter. (Attachments: # 1 Memorandum in Support, # 2 Exhibit A, # 3 Certificate of Service)(dr) (Entered: 09/19/2008)

1 Memorandum in Support

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2 Exhibit A

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3 Certificate of Service

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Sept. 18, 2008

Sept. 18, 2008

PACER
3

RESPONSE in Opposition re 2 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Rhonda Medows. (Townes, Michelle) (Entered: 09/22/2008)

Sept. 22, 2008

Sept. 22, 2008

PACER
4

Minute Entry for proceedings held before Judge Thomas W. Thrash, Jr: Motion Hearing held on 9/22/2008;granting 2 Motion for TRO; deferring ruling on 2 Motion for Preliminary Injunction. Attorney Michelle Townes for Rhonda Medows added; Motion Hearing set for 9/29/2008 11:00 AM on 2 MOTION for Preliminary Injunction. Mr. Norris to prepare order for signature. (Court Reporter Susan Baker)(dr) (Entered: 09/23/2008)

Sept. 22, 2008

Sept. 22, 2008

PACER
5

TRANSCRIPT of Proceedings held on September 22, 2008 before Judge Thomas W. Thrash, Jr. Court Reporter/Transcriber Susan C. Baker, Telephone number 404-215-1558. 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. Redaction Request due 10/14/2008. Redacted Transcript Deadline set for 10/24/2008. Release of Transcript Restriction set for 12/22/2008. (Attachments: # 1 Notice of Filing Transcript) (kac) (Entered: 09/23/2008)

1 Notice of Filing Transcript

View on PACER

Sept. 23, 2008

Sept. 23, 2008

PACER
6

PROPOSED ORDER Proposed Order on Plaintiff's Motion for Temporary Restraining Order re: 2 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction. (Norris, Joshua) (Entered: 09/25/2008)

Sept. 25, 2008

Sept. 25, 2008

PACER
7

RESPONSE in Opposition re 2 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Georgia Medical Care Foundation, Inc.. (Katz, Adam) (Entered: 09/26/2008)

Sept. 26, 2008

Sept. 26, 2008

PACER
8

AFFIDAVIT in Opposition re 2 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Georgia Medical Care Foundation, Inc.. (Katz, Adam) (Entered: 09/26/2008)

Sept. 26, 2008

Sept. 26, 2008

PACER
10

Minute Entry for proceedings held before Judge Thomas W. Thrash, Jr: Motion Hearing held on 9/29/2008;granting in part and denying in part 2 Motion for Preliminary Injunction filed by Marketric Hunter; Mr. Norris to prepare and present order. (Court Reporter Susan Baker)(dr) (Entered: 10/01/2008)

Sept. 29, 2008

Sept. 29, 2008

PACER
9

ORDER granting 2 MOTION for Temporary Restraining Order. Signed by Judge Thomas W. Thrash, Jr on 9/22/08. (dr) (Entered: 10/01/2008)

Oct. 1, 2008

Oct. 1, 2008

PACER
11

NOTICE of Appearance by Adam Scott Katz on behalf of Georgia Medical Care Foundation, Inc. (Katz, Adam) (Entered: 10/08/2008)

Oct. 8, 2008

Oct. 8, 2008

PACER
12

Joint MOTION to Stay Proceedings and Discovery with Brief In Support by Rhonda Medows. (Attachments: # 1 Brief Memorandum of Law in Support, # 2 Text of Proposed Order Proposed Order)(Townes, Michelle) (Entered: 10/22/2008)

1 Brief Memorandum of Law in Support

View on PACER

2 Text of Proposed Order Proposed Order

View on PACER

Oct. 22, 2008

Oct. 22, 2008

PACER
13

TRANSCRIPT of Proceedings held on September 29, 2008 before Judge Thomas W. Thrash, Jr. Court Reporter/Transcriber Susan C. Baker, Telephone number 404-215-1558. 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. Redaction Request due 11/18/2008. Redacted Transcript Deadline set for 11/28/2008. Release of Transcript Restriction set for 1/26/2009. (Attachments: # 1 Notice of Filing Transcript) (kac) (Entered: 10/29/2008)

1 Notice of Filing Transcript

View on PACER

Oct. 28, 2008

Oct. 28, 2008

PACER
14

PROPOSED ORDER Proposed Order on Plaintiff's Motion for Preliminary Injunction. (Norris, Joshua) (Entered: 10/30/2008)

Oct. 30, 2008

Oct. 30, 2008

PACER
15

ORDER granting in part, denying in part 2 MOTION for Preliminary Injunction filed by Marketric Hunter. Signed by Judge Thomas W. Thrash, Jr on 11/3/08. (dr) (Entered: 11/03/2008)

Nov. 3, 2008

Nov. 3, 2008

PACER
16

RESPONSE in Opposition re 12 Joint MOTION to Stay Proceedings and Discovery filed by Marketric Hunter. (Miller, Paula) (Entered: 11/10/2008)

Nov. 10, 2008

Nov. 10, 2008

RECAP
17

REPLY to Response to Motion re 12 Joint MOTION to Stay Proceedings and Discovery filed by Rhonda Medows. (Townes, Michelle) (Entered: 11/24/2008)

Nov. 24, 2008

Nov. 24, 2008

PACER

Submission of 12 Joint MOTION to Stay Proceedings and Discovery, submitted to District Judge Thomas W. Thrash. (dr)

Dec. 4, 2008

Dec. 4, 2008

PACER
18

ORDER denying 12 Motion to Stay Proceedings. Signed by Judge Thomas W. Thrash, Jr on 1/27/09. (dr) (Entered: 01/28/2009)

Jan. 27, 2009

Jan. 27, 2009

RECAP
19

Joint MOTION for Entry of Consent Scheduling Order by Georgia Medical Care Foundation, Inc.. (Attachments: # 1 Exhibit Exhibit A - Proposed Consent Scheduling Order)(Katz, Adam) Modified caps on 2/18/2009 (dr). (Entered: 02/17/2009)

1 Exhibit Exhibit A - Proposed Consent Scheduling Order

View on PACER

Feb. 17, 2009

Feb. 17, 2009

PACER
20

CONSENT SCHEDULING ORDER granting 19 Motion for Entry of Consent Scheduling Order; Amended Complaint due 2/27/09, Defendants response to Amended Complaint due 3/19/09, Joint Certificate of Interested Persons and Corporate Disclosures Statement due 3/19/09. Signed by Judge Thomas W. Thrash, Jr on 2/19/09. (dr) (Entered: 02/20/2009)

Feb. 19, 2009

Feb. 19, 2009

PACER
21

First AMENDED COMPLAINT against all defendants, filed by Marketric Hunter.(Miller, Paula) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. (Entered: 02/28/2009)

Feb. 28, 2009

Feb. 28, 2009

PACER
22

MOTION to Dismiss or in the Alternative for More Definite Statement with Brief In Support by Georgia Medical Care Foundation, Inc.. (Attachments: # 1 Text of Proposed Order, # 2 Brief Memorandum of Law in Support of Motion to Dismiss, # 3 Exhibit Subcontractor Agreement and Addenda)(Katz, Adam) (Entered: 03/19/2009)

1 Text of Proposed Order

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2 Brief Memorandum of Law in Support of Motion to Dismiss

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3 Exhibit Subcontractor Agreement and Addenda

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March 19, 2009

March 19, 2009

PACER
23

Joint Certificate of Interested Persons by Marketric Hunter, Rhonda Medows, Georgia Medical Care Foundation, Inc. identifying Corporate Parent Georgia Department of Community Health, Corporate Parent Alliant Health Solutions, Inc. for Georgia Medical Care Foundation, Inc., Marketric Hunter, Rhonda Medows. (Katz, Adam) (Entered: 03/19/2009)

March 19, 2009

March 19, 2009

PACER
24

Corporate Disclosure Statement by Georgia Medical Care Foundation, Inc. identifying Corporate Parent Alliant Health Solutions, Inc. for Georgia Medical Care Foundation, Inc. by Georgia Medical Care Foundation, Inc..(Katz, Adam) (Entered: 03/19/2009)

March 19, 2009

March 19, 2009

PACER
25

NOTICE of Appearance by Jennifer Saffold Collins on behalf of Georgia Medical Care Foundation, Inc. (Collins, Jennifer) (Entered: 03/19/2009)

March 19, 2009

March 19, 2009

PACER
26

MOTION to Dismiss with Brief In Support by Rhonda Medows. (Attachments: # 1 Brief Memorandum of Law in Support)(Townes, Michelle) (Entered: 03/19/2009)

1 Brief Memorandum of Law in Support

View on PACER

March 19, 2009

March 19, 2009

PACER

Clerks Notation re 23 Certificate of Interested Persons, OK, per TWT. (ss)

March 20, 2009

March 20, 2009

PACER
27

RESPONSE in Opposition re 22 MOTION to Dismiss or in the Alternative for More Definite Statement filed by Marketric Hunter. (Miller, Paula) (Entered: 04/02/2009)

April 1, 2009

April 1, 2009

PACER
28

RESPONSE in Opposition re 26 MOTION to Dismiss filed by Marketric Hunter. (Miller, Paula) (Entered: 04/02/2009)

April 2, 2009

April 2, 2009

PACER
29

RESPONSE in Opposition re 22 MOTION to Dismiss or in the Alternative for More Definite Statement filed by Marketric Hunter. (Miller, Paula) (Entered: 04/06/2009)

April 6, 2009

April 6, 2009

PACER
30

NOTICE of Change of Address for Adam Scott Katz, counsel for Georgia Medical Care Foundation, Inc. (Katz, Adam) (Entered: 04/09/2009)

April 9, 2009

April 9, 2009

PACER
31

PRELIMINARY REPORT AND DISCOVERY PLAN filed by Rhonda Medows. (Attachments: # 1 Text of Proposed Order Scheduling Order)(Townes, Michelle) (Entered: 04/20/2009)

1 Text of Proposed Order Scheduling Order

View on PACER

April 20, 2009

April 20, 2009

PACER
32

REPLY to Response to Motion re 22 MOTION to Dismiss or in the Alternative for More Definite Statement filed by Georgia Medical Care Foundation, Inc.. (Katz, Adam) (Entered: 04/23/2009)

April 23, 2009

April 23, 2009

PACER

Submission of 22 MOTION to Dismiss or in the Alternative for More Definite Statement, 26 MOTION to Dismiss, submitted to District Judge Thomas W. Thrash. (dr)

April 23, 2009

April 23, 2009

PACER
33

Notice for Leave of Absence for the following date(s): 08/20/2009, 08/21/2009, 08/22/2009, 08/23/2009, 08/24/2009, 08/25/2009, 08/26/2009, 08/27/2009, 08/28/2009, 08/29/2009, 08/30/2009, 08/31/2009, by Michelle Townes. (Attachments: # 1 Exhibit A: List of Cases, Clerks and Opposing Counsel)(Townes, Michelle) (Entered: 07/08/2009)

1 Exhibit A: List of Cases, Clerks and Opposing Counsel

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July 8, 2009

July 8, 2009

PACER

Clerks Notation re 33 Leave of Absence, 08/20-31/2009, by Michelle Townes. The Court will not require an appearance by M. Townes on these dates. (ss)

July 9, 2009

July 9, 2009

PACER
34

ORDER denying Defendants' 22, 26 Motions to Dismiss. Signed by Judge Thomas W. Thrash, Jr. on 12/15/09. (dfb) (Entered: 12/16/2009)

Dec. 16, 2009

Dec. 16, 2009

RECAP
35

Consent MOTION for Extension of Time In Which To Respond To Plaintiff's Amended Complaint by Rhonda Medows and Georgia Medical Care Foundation, Inc. (Attachments: # 1 Exhibit A)(Townes, Michelle) Modified on 12/28/2009 to add filer. (dfb) (Entered: 12/23/2009)

1 Exhibit A

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Dec. 23, 2009

Dec. 23, 2009

PACER
36

ORDER granting the 35 Consent Motion for Extension of Time until January 15, 2010 for Defendants to Respond to Plaintiff's Amended Complaint. Signed by Judge Thomas W. Thrash, Jr. on 12/23/09. (dfb) (Entered: 12/23/2009)

Dec. 23, 2009

Dec. 23, 2009

PACER
37

ANSWER to 21 Amended Complaint and Affirmative Defenses by Georgia Medical Care Foundation, Inc.. Discovery ends on 6/14/2010.(Katz, Adam) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. (Entered: 01/15/2010)

Jan. 15, 2010

Jan. 15, 2010

PACER
38

ANSWER to 21 Amended Complaint for Injunctive and Declaratory Relief by Rhonda Medows.(Townes, Michelle) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. Modified on 1/19/2010 (dr). (Entered: 01/15/2010)

Jan. 15, 2010

Jan. 15, 2010

PACER
39

Second MOTION for Temporary Restraining Order, Second MOTION for Preliminary Injunction with Brief In Support by Marketric Hunter. (Attachments: # 1 Brief Memorandum of Law in Support of Motion, # 2 Affidavit Affidavit of Styles L. Bertrand, M.D., # 3 Text of Proposed Order)(Norris, Joshua) (Entered: 02/11/2010)

1 Brief Memorandum of Law in Support of Motion

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2 Affidavit Affidavit of Styles L. Bertrand, M.D.

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3 Text of Proposed Order

View on PACER

Feb. 11, 2010

Feb. 11, 2010

PACER

NOTICE of Hearing on Motion re: 39 Second MOTION for Temporary Restraining Order Second MOTION for Preliminary Injunction Motion Hearing set for 2/16/2010 at 10:00 AM in ATLA Courtroom 2108 before Judge Thomas W. Thrash Jr.. (ss)

Feb. 12, 2010

Feb. 12, 2010

PACER
40

RESPONSE re 39 Second MOTION for Temporary Restraining OrderSecond MOTION for Preliminary Injunction filed by Rhonda Medows, Georgia Medical Care Foundation, Inc.. (Attachments: # 1 Affidavit Affidavit of Gary Miller MD)(Katz, Adam) (Entered: 02/15/2010)

1 Affidavit Affidavit of Gary Miller MD

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Feb. 15, 2010

Feb. 15, 2010

PACER
41

AFFIDAVIT re 39 Second MOTION for Temporary Restraining OrderSecond MOTION for Preliminary Injunction Affidavit of Thelma Lynah by Marketric Hunter. (Norris, Joshua) (Entered: 02/15/2010)

Feb. 15, 2010

Feb. 15, 2010

PACER
42

AFFIDAVIT re 39 Second MOTION for Temporary Restraining OrderSecond MOTION for Preliminary Injunction Affidavit of Michelle R. McQueen by Marketric Hunter. (Norris, Joshua) (Entered: 02/15/2010)

Feb. 15, 2010

Feb. 15, 2010

PACER
43

DOCUMENT FILED IN ERROR - AFFIDAVIT re 39 Second MOTION for Temporary Restraining OrderSecond MOTION for Preliminary Injunction Exhibit 1 (CV of Styles Bertrand, M.D.) of Affidavit of Styles Bertrand, M.D. by Marketric Hunter. (Norris, Joshua) Modified on 2/16/2010 (dr). (Entered: 02/15/2010)

Feb. 15, 2010

Feb. 15, 2010

PACER
44

Minute Entry for proceedings held before Judge Thomas W. Thrash, Jr: Motion Hearing held on 2/16/2010 granting 39 Second MOTION for Temporary Restraining Order, Second MOTION for Preliminary Injunction filed by Marketric Hunter. (Court Reporter Susan Baker)(dr) (Entered: 02/17/2010)

Feb. 16, 2010

Feb. 16, 2010

PACER
45

Application for Leave of Absence for the following date(s): 03/05/10, 03/06/10, 03/07/10, 03/08/10, 03/09/10, 03/10/10, 03/11/10, 03/12/10, 03/13/10, 03/14/10, 03/15/10, by Adam Scott Katz. (Katz, Adam) (Entered: 02/17/2010)

Feb. 17, 2010

Feb. 17, 2010

PACER
46

Application for Leave of Absence for the following date(s): 04/01/10, 04/02/10, 04/03/10, 04/04/10, 04/05/10, 04/06/10, 04/07/10, 04/08/10, 04/09/10, 04/10/10, 04/11/10, 04/12/10, 04/13/10, by Adam Scott Katz. (Katz, Adam) (Entered: 02/17/2010)

Feb. 17, 2010

Feb. 17, 2010

PACER
47

ORDER AND ORDER granting 39 Second MOTION for Temporary Restraining Order and Preliminary Injunction filed by Marketric Hunter. Defendants are enjoined from denying Plaintiff's request for 24 hour a day private duty skilled nursing services for 6 to 8 weeks while he is in a body cast, and 18 hours a day of private duty skilled nursing services after the cast is removed until 3/31/10. Signed by Judge Thomas W. Thrash, Jr on 2/17/10. (dr) (Entered: 02/18/2010)

Feb. 18, 2010

Feb. 18, 2010

RECAP

Clerks Notation re 45 Leave of Absence for 3/5-15/10, 46 Leave of Absence 4/1-13/10 by Adam Scott Katz. The Court will not require an appearance by A. Katz on these dates. (ss)

Feb. 18, 2010

Feb. 18, 2010

PACER
48

ORDER that counsel file the Certificate of Interested Persons and the Joint Preliminary Report and Discovery Plan within 10 days, or show cause why this case should not be dismissed. Signed by Judge Thomas W. Thrash, Jr on 2/19/10. (dr) (Entered: 02/19/2010)

Feb. 19, 2010

Feb. 19, 2010

PACER
49

TRANSCRIPT of Motions Proceedings held on February 16, 2010, before Judge Thomas W. Thrash, Jr. Court Reporter/Transcriber Susan C. Baker, Telephone number 404-215-1558. 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. Redaction Request due 3/15/2010. Redacted Transcript Deadline set for 3/25/2010. Release of Transcript Restriction set for 5/24/2010. (Attachments: # 1 Notice of Filing Transcript) (kac) (Entered: 02/23/2010)

1 Notice of Filing Transcript

View on PACER

Feb. 22, 2010

Feb. 22, 2010

PACER
50

CERTIFICATE OF SERVICE of Discovery by Rhonda Medows.(Townes, Michelle) (Entered: 03/01/2010)

March 1, 2010

March 1, 2010

PACER
51

Joint PRELIMINARY REPORT AND DISCOVERY PLAN filed by Marketric Hunter. (Miller, Paula) (Entered: 03/01/2010)

March 1, 2010

March 1, 2010

PACER
52

CERTIFICATE OF SERVICE of Initial Disclosures by Georgia Medical Care Foundation, Inc..(Collins, Jennifer) (Entered: 03/02/2010)

March 2, 2010

March 2, 2010

PACER
53

SCHEDULING ORDER approving 51 Preliminary Report and Discovery Plan; Discovery ends on 6/14/2010, Summary Judgment Motions due by 7/14/2010, Proposed Pretrial Order due by 7/14/2010. Signed by Judge Thomas W. Thrash, Jr on 3/8/10. (dr) (Entered: 03/09/2010)

March 8, 2010

March 8, 2010

PACER
54

Initial Disclosures by Marketric Hunter.(Miller, Paula) (Entered: 03/30/2010)

March 30, 2010

March 30, 2010

PACER

NOTICE of Hearing: Status Conference set for 4/27/2010 at 03:30 PM before Judge Thomas W. Thrash Jr., Chambers 2188. (ss)

April 2, 2010

April 2, 2010

PACER

NOTICE OF CANCELLATION of Hearing re: NOTICE of Hearing: Status Conference set for 4/27/2010 at 03:30 PM before Judge Thomas W. Thrash Jr., Chambers 2188. (ss) (ss)

April 27, 2010

April 27, 2010

PACER
55

CONSENT SCHEDULING ORDER: Discovery in this case is hereby stayed until thirty (30) days after the Eleventh Circuit issues its opinion in the Moore Appeal (Appeal No. 10-10148-BB); Once the discovery period commences, the parties shall have four(4) months to conduct discovery. Signed by Judge Thomas W. Thrash, Jr on 4/27/2010. (pdw) (Entered: 04/27/2010)

April 27, 2010

April 27, 2010

PACER
56

Notice for Leave of Absence for the following date(s): July 5, 6, 7, 8, 9, 10, 11, 12, 2010, by Michelle Townes. (Townes, Michelle) (Entered: 06/04/2010)

June 4, 2010

June 4, 2010

PACER

Clerks Notation re 56 Leave of Absence July 5-12, 2010, by Michelle Townes. The Court will not require an appearance by M. Townes on these dates. (ss)

June 7, 2010

June 7, 2010

PACER
57

MOTION to Substitute Party Clyde Reese, III, Defendant with Brief In Support by Rhonda Medows. (Attachments: # 1 Memorandum of Law in Support of Defendant's Motion to Substitute Party)(Townes, Michelle) (Entered: 08/18/2010)

1 Memorandum of Law in Support of Defendant's Motion to Substitute Party

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Aug. 18, 2010

Aug. 18, 2010

PACER

Submission of 57 MOTION to Substitute Party Clyde Reese, III, Defendant, submitted to District Judge Thomas W. Thrash. (dr)

Sept. 8, 2010

Sept. 8, 2010

PACER

ORDER granting 57 Motion to Substitute Party. Rhonda Medows terminated. Signed by Judge Thomas W. Thrash, Jr on 9/14/10. (TWT)

Sept. 14, 2010

Sept. 14, 2010

PACER
58

MOTION to Substitute Party Clyde Reese with Brief In Support by Clyde L. Reese, III. (Attachments: # 1 Brief Memorandum of Law in Support of Motion to Substitute Party)(Townes, Michelle) (Entered: 04/27/2011)

1 Brief Memorandum of Law in Support of Motion to Substitute Party

View on PACER

April 27, 2011

April 27, 2011

PACER
59

ORDER granting 58 Motion to Substitute Party. David A. Cook added. Clyde L. Reese, III terminated. Signed by Judge Thomas W. Thrash, Jr on 5/2/11. (dr) (Entered: 05/04/2011)

May 3, 2011

May 3, 2011

PACER
60

Joint MOTION for Order (Scheduling Order) by David A. Cook, Georgia Medical Care Foundation, Inc., Marketric Hunter. (Attachments: # 1 Text of Proposed Order proposed Consent Scheduling Order)(Collins, Jennifer) (Entered: 05/05/2011)

1 Text of Proposed Order proposed Consent Scheduling Order

View on PACER

May 5, 2011

May 5, 2011

PACER
61

Notice for Leave of Absence for the following date(s): 05/30/11, 05/31/11, 06/01/11, 06/02/11, 06/03/11, 06/06/11, 06/07/11, by Michelle Townes. (Attachments: # 1 Exhibit A)(Townes, Michelle) (Entered: 05/05/2011)

1 Exhibit A

View on PACER

May 5, 2011

May 5, 2011

PACER
62

CONSENT SCHEDULING ORDER granting 60 Motion for Order. Signed by Judge Thomas W. Thrash, Jr on 5/6/11. (dr) (Entered: 05/09/2011)

May 6, 2011

May 6, 2011

PACER
63

Notice for Leave of Absence for the following date(s): 5/30/11-6/7/11, by Michelle Townes. (ss) (Entered: 05/11/2011)

May 11, 2011

May 11, 2011

PACER

Clerks Notation re 63 Leave of Absence 5/30/11-6/7/11, by Michelle Townes. The Court will not require an appearance by M. Townes on these dates. (ss)

May 11, 2011

May 11, 2011

PACER
64

Notice for Leave of Absence for the following date(s): June 20-24, July 7-15, by Adam Scott Katz. (Katz, Adam) (Entered: 05/16/2011)

May 16, 2011

May 16, 2011

PACER

Clerks Notation re 64 Leave of Absence June 20-24, July 7-15, by Adam Scott Katz. The Court will not require an appearance by A. Katz on these dates. (ss)

May 17, 2011

May 17, 2011

PACER
65

Second MOTION to Amend Complaint with Brief In Support by Marketric Hunter. (Attachments: # 1 Brief)(Miller, Paula) (Entered: 07/07/2011)

1 Brief

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July 7, 2011

July 7, 2011

PACER
66

PROPOSED Second Amended Complaint by Marketric Hunter re 65 Second MOTION to Amend Complaint (Miller, Paula) Modified on 7/11/2011 (dr). (Entered: 07/08/2011)

July 8, 2011

July 8, 2011

PACER
67

MOTION for Judgment on the Pleadings, MOTION for More Definite Statement by Georgia Medical Care Foundation, Inc.. (Attachments: # 1 Brief Combined Response in Opposition to Plaintiff's Motion for Leave to Amend Complaint and Memorandum of Law in Support of Motion for Judgment on Pleadings or in the Alternative Motion for More Definite Statement)(Collins, Jennifer) . Added MOTION for More Definite Statement on 9/8/2011 (dr). (Entered: 08/08/2011)

1 Brief Combined Response in Opposition to Plaintiff's Motion for Leave to Am

View on PACER

Aug. 8, 2011

Aug. 8, 2011

PACER
68

DOCUMENT FILED IN ERROR - MOTION for More Definite Statement with Brief In Support by Georgia Medical Care Foundation, Inc.. (Attachments: # 1 Brief)(Collins, Jennifer) Modified on 9/8/2011 (dr). (Entered: 08/08/2011)

Aug. 8, 2011

Aug. 8, 2011

PACER
69

MOTION for Judgment on the Pleadings or, in the alternative, MOTION to Dismiss with Brief In Support by David A. Cook. (Attachments: # 1 Defendant David A. Cook's Memorandum of Law (Townes, Michelle) . Added MOTION for Judgment on the Pleadings on 8/9/2011 (rej). (Entered: 08/08/2011)

1 DEFENDANT DAVIS A. COOKOS MEMORANDUM OF LAW IN

View on PACER

Aug. 8, 2011

Aug. 8, 2011

PACER
74

RESPONSE in Opposition to 65 Second MOTION to Amend Complaint filed by Georgia Medical Care Foundation, Inc. (dr) (Entered: 09/08/2011)

Aug. 8, 2011

Aug. 8, 2011

PACER
70

Unopposed MOTION for Extension of Time to File Responses by Marketric Hunter. (Attachments: # 1 Text of Proposed Order)(Miller, Paula) (Entered: 08/25/2011)

1 Text of Proposed Order

View on PACER

Aug. 25, 2011

Aug. 25, 2011

PACER
71

ORDER granting 70 Motion for Extension of Time until 9/1/11 to respond to 67 MOTION for Judgment on the Pleadings, 68 MOTION for More Definite Statement, 69 MOTION to Dismiss, MOTION for Judgment on the Pleadings. Signed by Judge Thomas W. Thrash, Jr on 8/26/11. (dr) (Entered: 08/26/2011)

Aug. 26, 2011

Aug. 26, 2011

PACER
72

Notice for Leave of Absence for the following date(s): 9-6-11, 9-7-11, 9-8-11,9-9-11,10-21-11,11-28-11,11-29-11,12-27-11,12-28-11,12-29-11,12-30-11, by Paula Rafferty Miller. (Miller, Paula) (Entered: 08/30/2011)

Aug. 30, 2011

Aug. 30, 2011

PACER

Clerks Notation re 72 Leave of Absence 9/6-9/11,10/21/11, 11/28-29/11, 12/27-30/11, by Paula Rafferty Miller. The Court will not require an appearance by P. Miller on these dates. (ss)

Aug. 31, 2011

Aug. 31, 2011

PACER
73

RESPONSE in Opposition re 69 MOTION to Dismiss MOTION for Judgment on the Pleadings filed by Marketric Hunter. (Norris, Joshua) (Entered: 09/01/2011)

Sept. 1, 2011

Sept. 1, 2011

PACER

Notification of Docket Correction re 74 Response which was incorrectly combined in a previous filing ( 67 Motions). Document 68 MOTION for More Definite Statement was incorrectly filed as a separate document, see 67 Motions for correct entry. (dr)

Sept. 8, 2011

Sept. 8, 2011

PACER

Submission of 67 MOTION for Judgment on the Pleadings, MOTION for More Definite Statement, 65 Second MOTION to Amend Complaint, submitted to District Judge Thomas W. Thrash. (dr)

Sept. 8, 2011

Sept. 8, 2011

PACER
75

MOTION to Dismiss Voluntary Dismissal as to GMCF only with Brief In Support by Marketric Hunter. (Attachments: # 1 Brief, # 2 Text of Proposed Order)(Miller, Paula) (Entered: 09/12/2011)

1 Brief

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2 Text of Proposed Order

View on PACER

Sept. 12, 2011

Sept. 12, 2011

PACER
76

ORDER granting 75 Motion to Dismiss Georgia Medical Care Foundation, Inc. without prejudice. Signed by Judge Thomas W. Thrash, Jr on 9/13/11. (dr) (Entered: 09/14/2011)

Sept. 14, 2011

Sept. 14, 2011

PACER
77

ORDER granting 65 Motion to Amend, denying as moot 67 Motion for Judgment on the Pleadings, denying 69 Motion for Judgment on the Pleadings. Signed by Judge Thomas W. Thrash, Jr on 9/27/11. (dr) (Entered: 09/27/2011)

Sept. 27, 2011

Sept. 27, 2011

RECAP
78

MOTION for Reconsideration re 76 Order on Motion to Dismiss with Brief In Support by David A. Cook. (Attachments: # 1 Brief Memorandum of Law in Support of its Motion for Reconsideration)(Townes, Michelle) (Entered: 09/27/2011)

1 Brief Memorandum of Law in Support of its Motion for Reconsideration

View on PACER

Sept. 27, 2011

Sept. 27, 2011

PACER
81

SECOND AMENDED COMPLAINT against David A. Cook, Georgia Medical Care Foundation, Inc., filed by Marketric Hunter, J.M., R.E., Zachary Royal, S.R.(dr) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. (Entered: 11/10/2011)

Sept. 27, 2011

Sept. 27, 2011

PACER

Set/Reset Scheduling Order Deadlines: Answer to 2nd Amended Complaint having been filed 10/27/11, discovery will restart on 11/27/11. Discovery ends on 3/27/2012. Motions for Summary Judgment due by 4/27/2012. If no motions for Summary Judgment filed, the Consolidated Proposed Pretrial Order due by 4/27/2012. Clerk to submit to the Court 4/30/12 if the parties fail to file either a Motion for Summary Judgment or Proposed Pretrial Order. (ss)

Sept. 27, 2011

Sept. 27, 2011

PACER

Submission of 78 MOTION for Reconsideration re 76 Order, submitted to District Judge Thomas W. Thrash. (dr)

Oct. 21, 2011

Oct. 21, 2011

PACER
79

ANSWER to 81 Second Amended Complaint by David A. Cook.(Townes, Michelle) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. Modified related document on 11/10/2011 (dr). (Entered: 10/27/2011)

Oct. 27, 2011

Oct. 27, 2011

PACER
80

ORDER denying 78 Motion for Reconsideration. Signed by Judge Thomas W. Thrash, Jr on 10/28/11. (dr) (Entered: 10/31/2011)

Oct. 28, 2011

Oct. 28, 2011

PACER
82

Joint Certificate of Interested Persons by David A. Cook, Marketric Hunter, J.M., R.E., Zachary Royal, S.R.. (Miller, Paula) (Entered: 11/22/2011)

Nov. 22, 2011

Nov. 22, 2011

PACER

Case Details

State / Territory: Georgia

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Olmstead Cases

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 18, 2008

Closing Date: 2015

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Adolescents with severe physical and mental disabilities

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

Georgia Department of Community Health, State

Georgia Medical Care Foundation, Inc. (Atlanta), Private Entity/Person

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.

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

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Preliminary injunction / Temp. restraining order

Declaratory Judgment

Attorneys fees

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $851,056.15

Order Duration: 2013 - 2014

Content of Injunction:

Discrimination Prohibition

Preliminary relief granted

Issues

General:

Government Services

Payment for care

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

Disability:

Mental impairment

Mobility impairment

Type of Facility:

Government-run

Non-government for profit

Benefit Source:

Medicaid