Case: A.W. v. South Carolina Department of Mental Health

2:17-cv-01346 | U.S. District Court for the District of South Carolina

Filed Date: May 24, 2017

Closed Date: March 14, 2019

Clearinghouse coding complete

Case Summary

On May 24, 2017, six patients of South Carolina’s G. Werber Bryan Psychiatric Hospital (Bryan Hospital), along with a non-profit corporation that advocates for the rights of people with disabilities - Protection and Advocacy for People with Disabilities Inc - filed this class-action lawsuit in the U.S. District Court for the District of South Carolina. This lawsuit was brought against the South Carolina Department of Mental Health and the South Carolina Mental Health Commission, which operated …

On May 24, 2017, six patients of South Carolina’s G. Werber Bryan Psychiatric Hospital (Bryan Hospital), along with a non-profit corporation that advocates for the rights of people with disabilities - Protection and Advocacy for People with Disabilities Inc - filed this class-action lawsuit in the U.S. District Court for the District of South Carolina. This lawsuit was brought against the South Carolina Department of Mental Health and the South Carolina Mental Health Commission, which operated Bryan Hospital. The plaintiffs, represented by the Bazelon Center for Mental Health Law, Protection and Advocacy for People with Disabilities Inc, and private counsels, claimed violations of Title II of the Americans with Disabilities Act (ADA) and section 504 of the Rehabilitation Act. They sought injunctive and declaratory relief as well as attorneys’ fees and costs.

Specifically, the plaintiffs alleged that the defendants had a practice of arbitrarily preventing patients the opportunity to discharge from Bryan Hospital despite those patients being stable and capable of integrating with society. Furthermore, the defendants had a practice of isolating these patients, preventing them from contacting family and friends, and charging $503.00 daily for those that did not have access to medical insurance. The case was assigned to Judge Richard Gergel.

On July 27, 2017, the court issued a scheduling order for discovery proceedings. The scheduling was amended twice.

On April 3, 2018, the plaintiffs moved for class certification. The plaintiffs sought the class to be defined as: “All current and future adult, non-forensic residents of G. Werber Bryan Psychiatric Hospital (“Bryan”) who, with appropriate supports and services, would now or in the future be able to live in an integrated community setting and who do not oppose living in an integrated community setting.” The parties informed the court that they had begun mediation in July of 2018, but discovery continued during this time.

The court denied the plaintiffs' motion to certify the class on August 21, 2018, and subsequently denied their motion to reconsider the issue on September 7, 2018. Discovery and mediation continued into 2019.

On February 25, 2019, after the death of one of the plaintiffs, plaintiffs' counsel stipulated to dismissal of the claims only so far as they related to that plaintiff. Two days later, on February 27, 2019, the attorneys for the defendants submitted a letter informing the court that the mediation had resulted in a successful settlement of the claims. That same day, the court dismissed the case without prejudice for 60 days, giving both parties the opportunity to reopen the action if the settlement was not consummated. The contents of the private settlement agreement were not made publicly available. On March 14, 2019, after stipulation to dismissal, the case was dismissed with prejudice. This case is now closed.

Summary Authors

Sean Whetstone (7/19/2018)

Alex Moody (4/21/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/7058372/parties/aw-v-magill/


Judge(s)

Gergel, Richard Mark (South Carolina)

Attorneys(s) for Plaintiff

Eibling, Sarah Theresa (South Carolina)

Houseal, Sean (South Carolina)

Klugman, Maura M (New York)

Lang, Dana Woodrum (South Carolina)

Mansfield, Kathryn Susan (South Carolina)

Murphy, Mark J. (District of Columbia)

Simons, Thornwell (South Carolina)

St. Onge, Sarah (South Carolina)

Attorneys(s) for Defendant

Davidson, William Henry II (South Carolina)

Judge(s)

Gergel, Richard Mark (South Carolina)

Attorneys(s) for Plaintiff

Eibling, Sarah Theresa (South Carolina)

Houseal, Sean (South Carolina)

Klugman, Maura M (New York)

Lang, Dana Woodrum (South Carolina)

Mansfield, Kathryn Susan (South Carolina)

Murphy, Mark J. (District of Columbia)

Simons, Thornwell (South Carolina)

St. Onge, Sarah (South Carolina)

Attorneys(s) for Defendant

Davidson, William Henry II (South Carolina)

Hughes, Joel Steve (South Carolina)

Lindemann, Andrew F. (South Carolina)

Documents in the Clearinghouse

Document

Docket [PACER]

A.W. v. Magill

March 14, 2019 Docket
1

Class Action Complaint

A.W. v. Magill

May 24, 2017 Complaint
52

Order

AW v. Magill

2018 WL 6680941

Aug. 21, 2018 Order/Opinion
77

Order of Dismissal

AW v. Binkley

Feb. 27, 2019 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/7058372/aw-v-magill/

Last updated May 20, 2022, 4:31 a.m.

ECF Number Description Date Link
1

COMPLAINT against Protection and Advocacy for People with Disabilities Inc, South Carolina Department of Mental Health, The ( Filing fee $ 400 receipt number 0420-7170359.), filed by HH, RC, CM, AW, MJ. Service due by 8/22/2017 (egra, ) (Entered: 05/24/2017)

May 24, 2017 PACER
2

Summons Issued as to John H Magill, South Carolina Department of Mental Health, The. (Attachments: # 1 SC Dept of Mental Health) (egra, ) (Entered: 05/24/2017)

1 SC Dept of Mental Health

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May 24, 2017 PACER
4

Local Rule 26.01 Answers to Interrogatories by AW, CM, HH, MJ, Protection and Advocacy for People with Disabilities Inc, RC. (egra, ) (Entered: 05/24/2017)

May 24, 2017 PACER
5

MOTION FOR LEAVE TO FILE COMPLAINT AS PSEUDONYMOUS PLAINTIFFS by AW, CM, HH, MJ, Protection and Advocacy for People with Disabilities Inc, RC. Response to Motion due by 6/7/2017. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Memo in Support) No proposed order. (egra, ) (Entered: 05/24/2017)

1 Memo in Support

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May 24, 2017 PACER
6

TEXT ORDER: Plaintiffs have moved, with the consent of Defendant South Carolina Department of Mental Health, to file this action as pseudonymous plaintiffs. (Dkt. No. 5). For good cause shown, the motion is granted. AND IT IS SO ORDERED. Entered at the direction of the Honorable Richard M Gergel on 5/26/17.(ltap, ) (Entered: 05/26/2017)

May 26, 2017 PACER
7

Summons Issued as to South Carolina Mental Health Commission, The. (sshe, ) (Entered: 06/12/2017)

June 12, 2017 PACER
8

NOTICE of Appearance by William Henry Davidson, II on behalf of John H Magill, South Carolina Department of Mental Health, The, South Carolina Mental Health Commission, The (Davidson, William) (Entered: 06/21/2017)

June 21, 2017 PACER
9

NOTICE of Appearance by Andrew F Lindemann on behalf of John H Magill, South Carolina Department of Mental Health, The, South Carolina Mental Health Commission, The (Lindemann, Andrew) (Entered: 06/21/2017)

June 21, 2017 PACER
10

NOTICE of Appearance by Joel Steve Hughes on behalf of John H Magill, South Carolina Department of Mental Health, The, South Carolina Mental Health Commission, The (Hughes, Joel) (Entered: 06/22/2017)

June 22, 2017 PACER
11

LETTER EXTENDING TIME TO ANSWER John H Magill answer due 7/25/2017; South Carolina Mental Health Commission, The answer due 7/25/2017; South Carolina Department of Mental Health, The answer due 7/25/2017. (Lindemann, Andrew) (Entered: 06/29/2017)

June 29, 2017 PACER
12

ANSWER to 1 Complaint by John H Magill, South Carolina Department of Mental Health, The, South Carolina Mental Health Commission, The.(Lindemann, Andrew) (Entered: 07/25/2017)

July 25, 2017 PACER
13

Local Rule 26.01 Answers to Interrogatories by John H Magill, South Carolina Department of Mental Health, The, South Carolina Mental Health Commission, The.(Lindemann, Andrew) (Entered: 07/25/2017)

July 25, 2017 PACER
14

SCHEDULING ORDER Rule 26(f) Conference Deadline 8/16/2017, 26(a) Initial Disclosures due by 8/30/2017, Rule 26 Report due by 8/30/2017, Motions to Amend Pleadings due by 10/24/2017, Plaintiffs ID of Expert Witness due by 11/27/2017, Defendants ID of Expert Witnesses Due by 12/27/2017, Records Custodian Affidavit due by 1/2/2018, Discovery due by 1/22/2018, Motion in Limine due by 15 business days prior to jury selection, Motions due by 2/5/2018, Rule 26(a)(3) Disclosures due by 21 business days prior to jury selection, Pretrial Briefs due by 5 business days prior to jury selection, Case ready for Trial Deadline on or after 5/7/2018 Signed by Honorable Richard M Gergel on 7/27/2017. (sshe, ) (Entered: 07/27/2017)

July 27, 2017 PACER
15

Joint MOTION for Extension of Time by AW, CM, HH, MJ, Protection and Advocacy for People with Disabilities Inc, RC, WL. Response to Motion due by 9/12/2017. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Houseal, Sean) (Entered: 08/29/2017)

Aug. 29, 2017 PACER
16

Joint Rule 26(f) Report by AW, CM, HH, MJ, Protection and Advocacy for People with Disabilities Inc, RC, WL. (Attachments: # 1 Supporting Documents - Joint Waiver of Initial Disclosures, # 2 Supporting Documents - Joint Mediation of Cases Pending Before Judge Gergel Form, # 3 Supporting Documents - Joint Discovery Plan and Local Rule 26.03 Information)(Houseal, Sean) (Entered: 09/06/2017)

1 Supporting Documents - Joint Waiver of Initial Disclosures

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2 Supporting Documents - Joint Mediation of Cases Pending Before Judge Gergel Form

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3 Supporting Documents - Joint Discovery Plan and Local Rule 26.03 Information

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Sept. 6, 2017 PACER
17

TEXT ORDER finding as moot 15 Motion for Extension of Time. 26(f) Report filed on 9/6/17. Entered at the direction of the Honorable Richard M Gergel on 9/13/17.(ltap, ) (Entered: 09/13/2017)

Sept. 13, 2017 PACER
18

AMENDED SCHEDULING ORDER Motions to Amend Pleadings due by 1/24/2018, Plaintiffs ID of Expert Witness due by 2/26/2018, Defendants ID of Expert Witnesses Due by 3/26/2018, Records Custodian Affidavit due by 4/2/2018, Discovery due by 4/22/2018, Motion in Limine due by 15 business days prior to jury selection, Motions due by 5/5/2018, Rule 26(a)(3) Disclosures due by 21 business days prior to jury selection, Pretrial Briefs due by 5 business days prior to jury selection, Case ready for Trial (non-jury) Deadline on or after 8/2/2018 Signed by Honorable Richard M Gergel on 9/13/2017. (sshe, ) (Entered: 09/14/2017)

Sept. 14, 2017 PACER
19

ORDER TO CONDUCT MEDIATION Mediation Due by 5/22/2018 Signed by Honorable Richard M Gergel on 9/13/2017. (sshe, ) (Entered: 09/14/2017)

Sept. 14, 2017 PACER
20

MOTION to Appear Pro Hac Vice by Maura Martin Klugman ( Filing fee $ 250 receipt number 0420-7561490) by AW, CM, HH, MJ, Protection and Advocacy for People with Disabilities Inc, RC, WL. Response to Motion due by 1/31/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Affidavit Application/Affidavit and Certificate of Good Standing, # 2 Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Houseal, Sean) (Entered: 01/17/2018)

1 Affidavit Application/Affidavit and Certificate of Good Standing

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2 Proposed Order

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Jan. 17, 2018 PACER
21

MOTION to Appear Pro Hac Vice by Mark J. Murphy ( Filing fee $ 250 receipt number 0420-7561491) by AW, CM, HH, MJ, Protection and Advocacy for People with Disabilities Inc, RC, WL. Response to Motion due by 1/31/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Affidavit Application/ Affidavit and Certificate of Good Standing, # 2 Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Houseal, Sean) (Entered: 01/17/2018)

1 Affidavit Application/ Affidavit and Certificate of Good Standing

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2 Proposed Order

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Jan. 17, 2018 PACER
22

ORDER granting 20 Motion for Maura Martin Klugman to Appear Pro Hac Vice for AW, CM, HH, MJ, Protection and Advocacy for People with Disabilities Inc, RC, WL.; granting 21 Motion for Mark J. Murphy to Appear Pro Hac Vice for AW, CM, HH, MJ, Protection and Advocacy for People with Disabilities Inc, RC, WL. Signed by Honorable Richard M Gergel on 1/19/2018.(sshe, ) (Entered: 01/19/2018)

Jan. 19, 2018 PACER
24

Joint MOTION to Amend/Correct 14 Scheduling Order,, by John H Magill, South Carolina Department of Mental Health, The, South Carolina Mental Health Commission, The. Response to Motion due by 3/9/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. Proposed order is being emailed to chambers with copy to opposing counsel.(Hughes, Joel) (Entered: 02/23/2018)

Feb. 23, 2018 PACER
25

SECOND AMENDED SCHEDULING ORDER Discovery related to class certification due by 4/16/2018,, Plaintiffs' motion for class certification due by 4/30/2018, Plaintiffs ID of Expert Witness due by 5/26/2018,, Defendants ID of Expert Witnesses Due by 6/26/2018,, Records Custodian Affidavit due by 7/2/2018,, Discovery due by 7/22/2018,, Motion in Limine due by 15 business days prior to jury selection,, Motions due by 8/5/2018,, Rule 26(a)(3) Disclosures due by 21 business days prior to jury selection,, Pretrial Briefs due by 5 business days prior to jury selection,, Case ready for Trial Deadline on or after 11/1/2018,, Mediation Due by 8/22/2018 (Motion granted: 24 Joint MOTION to Amend/Correct 14 Scheduling Order,, filed by South Carolina Mental Health Commission, The, John H Magill, South Carolina Department of Mental Health, The). Signed by Honorable Richard M Gergel on 2/23/2018. (sshe, ) (Entered: 02/26/2018)

Feb. 26, 2018 PACER
26

MOTION to Certify Class by AW, CM, HH, MJ, Protection and Advocacy for People with Disabilities Inc, RC, WL. Response to Motion due by 4/17/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Memo in Support, # 2 Exhibit A - List of Selected ADA Class Action Cases, # 3 Exhibit B - Breen Deposition, # 4 Exhibit C - SCDMH Accountability Report FY2013, # 5 Exhibit D - Graydon Deposition, # 6 Exhibit E - SCDMH Community Liaison and Casemanager Discharge Planning Policy, # 7 Exhibit F - SCDMH Inpatient Services Discharge Planning and Procedures, # 8 Exhibit G - McDaniel Deposition, # 9 Exhibit H - Social Work Discharge Planning Manual, # 10 Exhibit I - OSIG Review of the CRCF Program, # 11 Exhibit J - Solicitation for Bids, # 12 Exhibit K - Permanent Supportive Housing Strategic Plan, # 13 Exhibit L - Hope for Tomorrow, # 14 Exhibit M - Mental Health Housing Task Force Progress Report)No proposed order.(Houseal, Sean) (Entered: 04/03/2018)

1 Memo in Support

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2 Exhibit A - List of Selected ADA Class Action Cases

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3 Exhibit B - Breen Deposition

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4 Exhibit C - SCDMH Accountability Report FY2013

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5 Exhibit D - Graydon Deposition

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6 Exhibit E - SCDMH Community Liaison and Casemanager Discharge Planning Policy

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7 Exhibit F - SCDMH Inpatient Services Discharge Planning and Procedures

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8 Exhibit G - McDaniel Deposition

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9 Exhibit H - Social Work Discharge Planning Manual

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10 Exhibit I - OSIG Review of the CRCF Program

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11 Exhibit J - Solicitation for Bids

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12 Exhibit K - Permanent Supportive Housing Strategic Plan

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13 Exhibit L - Hope for Tomorrow

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14 Exhibit M - Mental Health Housing Task Force Progress Report

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April 3, 2018 PACER
27

MOTION to Withdraw Attorney William H. Davidson, II by South Carolina Department of Mental Health, The. Response to Motion due by 4/26/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Davidson, William) (Entered: 04/12/2018)

April 12, 2018 RECAP
28

MOTION for Extension of Time to File Response/Reply as to 26 MOTION to Certify Class by John H Magill, South Carolina Department of Mental Health, The, South Carolina Mental Health Commission, The. Response to Motion due by 4/27/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Lindemann, Andrew) (Entered: 04/13/2018)

April 13, 2018 PACER
29

Text Order re 28 Motion for Extension of Time to file Response/Reply as to 26 Plaintiffs' Motion for Class Certification. For good cause shown and because Plaintiffs' counsel consents to the requested extension, the Motion for Extension of Time is Granted. Defendants shall file a Response/Reply to 26 Plaintiffs' Motion for Class Certification on or before April 27, 2018. And it is so ordered. Entered at the Direction of Honorable Richard M Gergel on 4/16/2018.(sshe, ) (Entered: 04/16/2018)

April 16, 2018 PACER
30

TEXT ORDER: Defense counsel William Davidson has moved to be relieved as counsel. (Dkt. No. 27). For good cause shown, the motion is granted. AND IT IS SO ORDERED. Entered at the direction of the Honorable Richard M Gergel on 4/19/18.(ltap, ) (Entered: 04/19/2018)

April 19, 2018 PACER
32

RESPONSE in Opposition re 26 MOTION to Certify Class Response filed by John H Magill, South Carolina Department of Mental Health, The, South Carolina Mental Health Commission, The.Reply to Response to Motion due by 5/4/2018 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Lindemann, Andrew) (Entered: 04/27/2018)

April 27, 2018 PACER
33

MOTION for Extension of Time, MOTION for Extension of Time to File Response/Reply as to 32 Response in Opposition to Motion, ( Response to Motion due by 5/14/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. ) by AW, CM, HH, MJ, Protection and Advocacy for People with Disabilities Inc, RC, WL. No proposed order.(Houseal, Sean) (Entered: 04/30/2018)

April 30, 2018 PACER
34

TEXT ORDER granting 33 Motion for Extension of Time to File Reply to 32 Response in Opposition to Motion. Replies due by 5/11/2018. AND IT IS SO ORDERED. Entered at the direction of the Honorable Richard M Gergel on 4/30/18.(ltap, ) (Entered: 04/30/2018)

April 30, 2018 PACER
35

REPLY to Response to Motion re 26 MOTION to Certify Class Response filed by AW, CM, HH, MJ, Protection and Advocacy for People with Disabilities Inc, RC, WL. (Attachments: # 1 Exhibit A - Marjorie Wilson-Guess Deposition Transcript excerpts)(Houseal, Sean) (Entered: 05/10/2018)

1 Exhibit A - Marjorie Wilson-Guess Deposition Transcript excerpts

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May 10, 2018 PACER
36

NOTICE of Request for Protection from Court Appearance by Joel Steve Hughes for June 11-15, 2018 (Hughes, Joel) (Entered: 05/17/2018)

May 17, 2018 PACER
37

Joint MOTION for Extension of Time of Expert Deadlines, for Entry of Consent Confidentiality Order, and for Status Conference with the Court by Protection and Advocacy for People with Disabilities Inc. Response to Motion due by 6/5/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Exhibit Consent Confidentiality Agreement)No proposed order.(Houseal, Sean) (Entered: 05/22/2018)

1 Exhibit Consent Confidentiality Agreement

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May 22, 2018 PACER
38

TEXT ORDER re 37 Joint MOTION for Extension of Time of Expert Deadlines: Plaintiffs deadline for ID of Expert Witnesses is extended to June 15, 2018. Defendants deadline for ID of Expert Witnesses is extended to July 15, 2018. All other deadlines set forth in the scheduling order of February 26, 2018 remain as scheduled. AND IT IS SO ORDERED. Entered a the direction of the Honorable Richard M Gergel on 5/23/18. (ltap, ) (Entered: 05/23/2018)

May 23, 2018 PACER
39

NOTICE of Hearing: Telephone Conference set for 5/30/2018 at 10:00 AM before Honorable Richard M Gergel. Counsel must initiate telephone conference and then call into Chambers or provide a call-in number to Chambers. Court Staff needed.(ltap, ) (Entered: 05/23/2018)

May 23, 2018 PACER
45

PLAINTIFF'S ID OF EXPERT WITNESSES by AW, CM, HH, MJ, Protection and Advocacy for People with Disabilities Inc, RC, WL.(Houseal, Sean) (Entered: 06/15/2018)

June 15, 2018
42

CONSENT CONFIDENTIALITY ORDER Signed by Honorable Richard M Gergel on 5/23/2018. (sshe, ) (Entered: 05/23/2018)

May 23, 2018 PACER
43

Minute Entry. Proceedings held before Honorable Richard M Gergel: Telephone Conference held on 5/30/2018. Court to enter an order extending the 25 scheduling order deadlines. Court Reporter Tana Hess. (erav, ) (Entered: 05/30/2018)

May 30, 2018 PACER
46

TEXT ORDER: The Court has been advised by the mediator that progress has been made in resolving this matter and requests permission to continue his efforts to mediate this matter on and after the 8/22/18 deadline in the scheduling order. For good cause shown, the scheduling order is modified to allow continued efforts in completing mediation in this matter. AND IT IS SO ORDERED. Entered at the direction of the Honorable Richard M Gergel on 7/26/2018. (ltap, ) (Entered: 07/26/2018)

July 26, 2018
44

ORDER Counsel are directed to meet in person with their information technology experts within 15 days of this Order in an effort to narrow and make more specific search requests for Electronically Stored Information ("ESI")(see Order for details); regarding Defense counsel's clients' obligations under the Heath Insurance Portability and Accountability Act of 1996 with respect to the production of documents in discovery that contain identifying information of clients of the Department of Mental Health, see protective order (Dkt. No. 42), if the parties wish the Court to issue an additional order on this issue, they should confer and present the Court with a proposed consent order within 15 days of this Order; Plaintiffs ID of Expert Witness due by 6/15/2018; Defendants ID of Expert Witnesses Due by 9/1/2018; Mediation Due by 7/15/2018; Discovery due by 10/15/2018; provisions in the previous scheduling order (Dkt. No. 25) regarding pretrial disclosures, motions in limine, and pretrial briefs shall remain the same, Records Custodian Affidavit due by 11/1/2018 and Motions due by 11/1/2018; Trial Deadline on or after 2/1/2019 Signed by Honorable Richard M Gergel on 5/30/2018. (sshe, ) (Entered: 05/30/2018)

May 30, 2018 PACER
48

MOTION to Compel by AW, CM, HH, MJ, Protection and Advocacy for People with Disabilities Inc, RC, WL. Response to Motion due by 8/14/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Houseal, Sean) (Entered: 07/31/2018)

July 31, 2018
49

TEXT ORDER: Plaintiffs have moved for a motion to compel full, unredacted responses to their discovery requests. (Dkt. No. 48). The time for Defendants to respond to this motion is shortened to 8/7/18. AND IT IS SO ORDERED. Entered at the direction of the Honorable Richard M Gergel on 7/31/2018. (ltap, ) (Entered: 07/31/2018)

July 31, 2018
50

Consent MOTION to Amend/Correct 44 Scheduling Order,,,,, by John H Magill, South Carolina Department of Mental Health, The, South Carolina Mental Health Commission, The. Response to Motion due by 8/24/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. Proposed order is being emailed to chambers with copy to opposing counsel.(Hughes, Joel) (Entered: 08/10/2018)

Aug. 10, 2018
51

ORDER re 48 Plaintiffs' Motion to Compel discovery of certain medical documentation. It is ORDERED: 1. The Defendants are hereby ordered to refrain from further redaction of information or withholding of records pursuant to concerns regarding possible HIPAA violations or violations of S.C. Code §44−22−100; 2. The Defendants are further ordered to supplement their previous document production with unredacted materials, absent any claim of privilege not addressed within this Order; and 3. Relevant medical documents released during this litigation be kept confidential and either returned to the distributing party or destroyed upon the conclusion of this litigation. IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 8/13/2018.(sshe, ) (Entered: 08/14/2018)

Aug. 14, 2018
52

ORDER DENYING 26 Named Plaintiffs together with Protection and Advocacy for People with Disabilities Inc's Motion to Certify Class Signed by Honorable Richard M Gergel on 8/21/2018.(sshe, ) (Entered: 08/21/2018)

Aug. 21, 2018
53

THIRD AMENDED SCHEDULING ORDER Defendants ID of Expert Witnesses Due by 10/31/2018,, Records Custodian Affidavit due by 11/5/2018,, Discovery due by 11/19/2018,, Motion in Limine due by 15 business days prior to jury selection,, Motions due by 11/26/2018,, Rule 26(a)(3) Disclosures due by 21 business days prior to jury selection,, Pretrial Briefs due by 5 business days prior to jury selection,, Case ready for Trial Deadline on or after 2/2/2019 (Motion granted: 50 Consent MOTION to Amend/Correct 44 Scheduling Order,,,,, filed by South Carolina Mental Health Commission, The, John H Magill, South Carolina Department of Mental Health, The). Signed by Honorable Richard M Gergel on 8/20/2018. (sshe, ) (Entered: 08/21/2018)

Aug. 21, 2018
54

MOTION for Reconsideration re 52 Order on Motion to Certify Class by AW, CM, HH, MJ, Protection and Advocacy for People with Disabilities Inc, RC, WL. Response to Motion due by 9/14/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Memo in Support of Motion for Reconsideration, # 2 Exhibit 1)No proposed order.(Houseal, Sean) (Entered: 08/31/2018)

Aug. 31, 2018
55

ORDER denying 54 Plaintiffs' Motion for Reconsideration. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 9/7/2018.(sshe, ) (Entered: 09/07/2018)

Sept. 7, 2018
57

MOTION to Compel by AW, CM, HH, MJ, Protection and Advocacy for People with Disabilities Inc, RC, WL. Response to Motion due by 11/2/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Exhibit A − Defendants' responses to Plaintiffs' First Set of Interrogatories and Requests for Production, # 2 Exhibit B − Plaintiffs' Second Set of Interrogatories and Requests for Production, # 3 Exhibit C − Plaintiffs' letter dated 08.01.2018 regarding delinquent discovery responses, # 4 Exhibit D − Plaintiffs' letter dated 09.20.2018 regarding delinquent discovery responses)No proposed order.(Houseal, Sean) (Entered: 10/19/2018)

Oct. 19, 2018
58

DEFENDANT'S ID OF EXPERT WITNESSES by John H Magill, South Carolina Department of Mental Health, The, South Carolina Mental Health Commission, The.(Lindemann, Andrew) (Entered: 10/31/2018)

Oct. 31, 2018
59

Consent MOTION to Amend/Correct Third Amended Scheduling Order by John H Magill, South Carolina Department of Mental Health, The, South Carolina Mental Health Commission, The. Response to Motion due by 11/16/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. Proposed order is being emailed to chambers with copy to opposing counsel.(Hughes, Joel) (Entered: 11/02/2018)

Nov. 2, 2018
60

RESPONSE in Opposition re 57 MOTION to Compel Response filed by John H Magill, South Carolina Department of Mental Health, The, South Carolina Mental Health Commission, The.Reply to Response to Motion due by 11/9/2018 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: # 1 Exhibit A − email with counsel)(Hughes, Joel) (Entered: 11/02/2018)

Nov. 2, 2018
61

MOTION to Withdraw as Attorney by Protection and Advocacy for People with Disabilities Inc. Response to Motion due by 11/19/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(St Onge, Sarah) (Entered: 11/05/2018)

Nov. 5, 2018
62

CONSENT FOURTH AMENDED SCHEDULING ORDER Records Custodian Affidavit due by 2/4/2019,, Discovery due by 2/18/2019,, Motion in Limine due by 15 business days prior to jury selection,, Motions due by 2/25/2019,, Rule 26(a)(3) Disclosures due by 21 business days prior to jury selection,, Pretrial Briefs due by 5 business days prior to jury selection,, Case ready for Bench Trial Deadline on or after 5/2/2019 (Motion granted: 59 Consent MOTION to Amend/Correct Third Amended Scheduling Order filed by South Carolina Mental Health Commission, The, John H Magill, South Carolina Department of Mental Health, The). Signed by Honorable Richard M Gergel on 11/7/2018. (sshe, ) (Entered: 11/07/2018)

Nov. 7, 2018
63

TEXT ORDER re: Plaintiff's motion to compel 57 : Defendants indicated in their Response that the "majority" of issues raised in Plaintiff's motion have been resolved. PLAINTIFF is DIRECTED to identify to the Court on or before 11/16/2018 whether any issues remain in dispute and, if so, to which numbered discovery requests the issues pertain. AND IT IS SO ORDERED. Entered at the direction of the Honorable Richard M Gergel on 11/8/18. (ltap, ) (Entered: 11/08/2018)

Nov. 8, 2018
66

REPLY to Response to Motion re 57 MOTION to Compel Response filed by AW, CM, HH, MJ, RC, WL. (Houseal, Sean) (Additional attachment(s) added on 11/19/2018: # 1 Exhibit Defendants Responses to Discovery dated 8/1/18) (sshe, ). Modified on 11/19/2018 to add document attachment inadvertently not filed as requested and provided by filing user (sshe, ). (Entered: 11/16/2018)

Nov. 16, 2018
67

ORDER Plaintiff's Motion to Compel (Dkt. No. 57 ) is DECLARED MOOT with leave to propound further discovery demands that specifically seek the information that Defendants allegedly have not sufficiently provided. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 11/20/2018.(sshe, ) (Entered: 11/26/2018)

Nov. 26, 2018
69

Consent MOTION to Substitute Attorney by AW, CM, HH, MJ, Protection and Advocacy for People with Disabilities Inc, RC, WL. Response to Motion due by 3/7/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Houseal, Sean) (Entered: 02/21/2019)

Feb. 21, 2019
70

TEXT ORDER granting 69 Consent Motion to Substitute Nelson Mullins Riley & Scarborough, L.L.P. as new attorneys of record for Plaintiffs. AND IT IS SO ORDERED. Entered at the direction of the Honorable Richard M Gergel on 2/21/2019.(ltap, ) (Entered: 02/21/2019)

Feb. 21, 2019
72

Consent MOTION to Substitute Party by John H Magill, South Carolina Department of Mental Health, The, South Carolina Mental Health Commission, The. Response to Motion due by 3/8/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Lindemann, Andrew) (Entered: 02/22/2019)

Feb. 22, 2019
73

TEXT ORDER re 72 consent motion to substitute Mark W. Binkley, in his official capacity as the Interim Director of the S.C. Dep't of Mental Health, for current Defendant John H. Magill, in his official capacity as the Director of the S.C. Dep't of Mental Health, who has resigned and been succeeded. The consent motion to substitute is GRANTED. See Fed. R. Civ. P. 25(d) ("[W]hen a public officer who is a party to an official capacity [ ] resigns... [t]he officers successor is automatically substituted as a party.... The court may order substitution at any time, but the absence of such an order does not affect the substitution."). AND IT IS SO ORDERED. Entered at the direction of the Honorable Richard M Gergel on 2/25/2019.(ltap, ) (Entered: 02/25/2019)

Feb. 25, 2019
74

STIPULATION of Dismissal Without Prejudice by AW. (Eibling, Sarah) Modified on 2/26/2019 to remove party filers as requested by filing user(sshe, ). (Entered: 02/25/2019)

Feb. 25, 2019
76

Letter from Andrew F. Lindemann. (Lindemann, Andrew) (Entered: 02/27/2019)

Feb. 27, 2019
77

ORDER DISMISSING CASE without costs and without prejudice to the right of either party, upon good cause shown within sixty (60) days, to reinstate the action if settlement is not consummated. Signed by Honorable Richard M Gergel on 2/27/2019. (sshe, ) (Entered: 02/27/2019)

Feb. 27, 2019
79

STIPULATION of Dismissal With Prejudice by Mark W Binkley, South Carolina Department of Mental Health, The, South Carolina Mental Health Commission, The. (Lindemann, Andrew) (Entered: 03/14/2019)

March 14, 2019

State / Territory: South Carolina

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Olmstead Cases

Key Dates

Filing Date: May 24, 2017

Closing Date: March 14, 2019

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Six individual, persons with mental disabilities and patients of South Carolina’s G. Werber Bryan Psychiatric Hospital (Bryan Hospital), and Protection and Advocacy for People with Disabilities Inc, a nonprofit dedicated to assisting persons with mental disabilities.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Bazelon Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

South Carolina Department of Mental Health , State

South Carolina Mental Health Commission, State

Defendant Type(s):

Hospital/Health Department

Case Details

Causes of Action:

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

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

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

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Mixed

Nature of Relief:

Unknown

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Issues

General:

Classification / placement

Confinement/isolation

Deinstitutionalization/decarceration

Discharge & termination plans

Disparate Treatment

Habilitation (training/treatment)

Pattern or Practice

Payment for care

Placement in mental health facilities

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

Mental impairment

Mental Disability:

Intellectual/developmental disability, unspecified

Mental Illness, Unspecified