Case: Georgia Advocacy Office v. Shelp

1:09-cv-02880 | U.S. District Court for the Northern District of Georgia

Filed Date: Oct. 16, 2009

Closed Date: 2014

Clearinghouse coding complete

Case Summary

On October 16, 2009, the Georgia Advocacy Office (GAO), a non-profit Georgia corporation that provides protection and advocacy services to individuals with disabilities, filed this lawsuit in the United States District Court for the Northern District of Georgia. The plaintiffs sued Georgia Department of Behavioral Health and Developmental Disabilities and the Regional Hospital Administrator at Southwestern State Hospital (SWSH) under 42 U.S.C. 1983 and 42 U.S.C. 10801. The plaintiffs, represent…

On October 16, 2009, the Georgia Advocacy Office (GAO), a non-profit Georgia corporation that provides protection and advocacy services to individuals with disabilities, filed this lawsuit in the United States District Court for the Northern District of Georgia. The plaintiffs sued Georgia Department of Behavioral Health and Developmental Disabilities and the Regional Hospital Administrator at Southwestern State Hospital (SWSH) under 42 U.S.C. 1983 and 42 U.S.C. 10801. The plaintiffs, represented by the Fulton County Attorney’s Office, the Georgia Advocacy Office, and private counsel, sought injunctive and declaratory relief requiring the defendants to comply with the Protection and Advocacy for Individuals with Mental Illness Act (PAIMI) and permit plaintiffs entrance to their facilities. Specifically, the plaintiffs claimed that they suspected a patient had been sexually assaulted while at SWSH. When GAO tried to investigate the facility, the defendants denied them access.

Along with their complaint, the plaintiff also filed a motion for a temporary restraining order and a motion for a preliminary injunction. On October 22, 2009, Judge Charles A. Pannell Jr. denied the temporary restraining order and set a hearing for the motion for a preliminary injunction. The plaintiffs filed an amended complaint on November 2, 2009, which included more information on the responsibilities of the GAO and the defendants. Throughout November and December, the parties attempted to come to an agreement. As they did so, the plaintiff removed the motion for a preliminary injunction.

These negotiations were unsuccessful, and on May 7, 2010, both parties filed a motion for summary judgment. Judge Pannell Jr. denied both motions on March 9, 2011. He held that there were still issues of fact to be resolved, and that the PAIMI Act required parties to try to resolve conflicts through mediation before initiating litigation. The parties entered into mediation with a third party in April 2011. By September, they had formed a stipulation agreement, which Judge Pannell approved on September 30, 2011. The agreement required the defendants to provide plaintiffs with reasonable unaccompanied access to their facilities, information, and records. The agreement was to be enforced through the court until August 31, 2014. The parties were unable to agree as to peer review documents (documents created when health care providers evaluate one another). This issue remained open in court, and on October 31, 2011, the plaintiffs filed a motion for permanent injunction requiring the defendants to provide them with access to peer review documents when requested.

On May 9, 2012, Judge Pannell Jr. granted the motion for permanent injunction, holding that peer review document were within the definition of “record” as outlined in the PAIMI Act. He then granted plaintiffs attorneys fees on September 12, 2012 for $39,561.50.

Summary Authors

Gabriela Hybel (9/24/2017)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/12946876/parties/georgia-advocacy-office-inc-v-shelp/


Judge(s)

Pannell, Charles A. Jr. (Georgia)

Attorneys(s) for Plaintiff

Bagenstos, Samuel R. (District of Columbia)

Bohan, Mary (District of Columbia)

Gunston, Emily A. (District of Columbia)

Kegley, Julie Coleman (Georgia)

Koch, Robert A. (District of Columbia)

Mygatt, Timothy D (District of Columbia)

Norris, Joshua H. (Georgia)

Perez, Thomas E. (District of Columbia)

Preston, Judy C. (District of Columbia)

Judge(s)

Pannell, Charles A. Jr. (Georgia)

Attorneys(s) for Plaintiff

Bagenstos, Samuel R. (District of Columbia)

Bohan, Mary (District of Columbia)

Gunston, Emily A. (District of Columbia)

Kegley, Julie Coleman (Georgia)

Koch, Robert A. (District of Columbia)

Mygatt, Timothy D (District of Columbia)

Norris, Joshua H. (Georgia)

Perez, Thomas E. (District of Columbia)

Preston, Judy C. (District of Columbia)

Rafferty [Miller], Paua Marie (Georgia)

Rhee, Mina (Georgia)

Yates, Sally Quillian (Georgia)

Attorneys(s) for Defendant

Dunn, Dennis R. (Georgia)

Frazier, Carolyn Elizabeth (Georgia)

Harps, Calandra A. (Georgia)

Naunas, Jason S. (Georgia)

Nelson, Shalen S. (Georgia)

Olens, Samuel (Georgia)

Documents in the Clearinghouse

Document

1:09-cv-02880

Docket [PACER]

May 11, 2016

May 11, 2016

Docket
1

1:09-cv-02880

Complaint

Georgia Advocacy Office, Inc. v. Shelp

Oct. 16, 2009

Oct. 16, 2009

Complaint
7

1:09-cv-02880

First Amended Complaint

Georgia Advocacy Office, Inc v. Shelp

Nov. 2, 2009

Nov. 2, 2009

Complaint
47

1:09-cv-02880

Statement of Interest of The United States of America

Georgia Advocacy Office, Inc., v. Shelp

June 25, 2010

June 25, 2010

Pleading / Motion / Brief
53

1:09-cv-02880

Order

2011 WL 13269436

March 9, 2011

March 9, 2011

Order/Opinion
63

1:09-cv-02880

Stipulated Agreement

Sept. 29, 2011

Sept. 29, 2011

Pleading / Motion / Brief
81

1:09-cv-02880

Order

2012 WL 13071829

May 9, 2012

May 9, 2012

Order/Opinion
94

1:09-cv-02880

Order

Sept. 12, 2012

Sept. 12, 2012

Order/Opinion
94

1:09-cv-02880

Order

Georgia Advocacy Office, Inc. v. Shelp

Sept. 12, 2012

Sept. 12, 2012

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/12946876/georgia-advocacy-office-inc-v-shelp/

Last updated Sept. 1, 2022, 3:08 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed and summons issued. Consent form to proceed before U.S. Magistrate and pretrial instructions provided. Filing fee $350, receipt number 17398. (Attachments: # 1 Summons, # 2 Civil Cover Sheet)(dfb) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. (Entered: 10/16/2009)

Oct. 16, 2009

Oct. 16, 2009

PACER
2

MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction by Georgia Advocacy Office, Inc. (Attachments: # 1 Memorandum in Support, # 2 Affidavit of Tobin McDaniel, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Affidavit of Sadie J. Charles) (dfb) (Entered: 10/16/2009)

Oct. 16, 2009

Oct. 16, 2009

PACER
3

ORDER Setting Hearing on Motion 2 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction: Hearing set for 10/22/2009 at 09:00 AM in ATLA Courtroom 2307 before Judge Charles A. Pannell Jr. Signed by Judge Charles A. Pannell, Jr on 10/16/2009. (rvb) (Entered: 10/16/2009)

Oct. 16, 2009

Oct. 16, 2009

PACER
4

RESPONSE re 2 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Frank Shelp, MD, Hilary Hoo-You. (Attachments: # 1 Brief Memorandum In Support Part I, # 2 Brief Memorandum in Support Part II, # 3 Brief Memorandum in Support Part III)(Naunas, Jason) (Entered: 10/21/2009)

Oct. 21, 2009

Oct. 21, 2009

PACER
5

Minute Entry for proceedings held before Judge Charles A. Pannell, Jr: Motion Hearing held on 10/22/2009 re 2 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction; TAKING UNDER ADVISEMENT 2 Motion for TRO; Attorney Jason S. Naunas and Carolyn Elizabeth Frazier added for Frank Shelp, MD and Hilary Hoo-You. Court heard argument from counsel. Plaintiff to file amended complaint. Court will hear Motion for TRO & Preliminary Injunction on 11/16/2009 at 9:30 AM in ATLA Courtroom 2307 before Judge Charles A. Pannell Jr. Hearing Concluded. (Court Reporter Martha Frutchey)(adg) (Entered: 10/22/2009)

Oct. 22, 2009

Oct. 22, 2009

PACER
6

CORRECTED Minute Entry for proceedings held before Judge Charles A. Pannell, Jr: Motion Hearing held on 10/22/2009 re 2 MOTION for Temporary Restraining Order; DENYING 2 Motion for TRO; Court heard argument from counsel. Plaintiff to file amended complaint. Court will hear Motion for Preliminary Injunction on 11/16/2009 at 1:30 PM in ATLA Courtroom 2307 before Judge Charles A. Pannell Jr. Hearing Concluded. (Court Reporter Martha Frutchey)(adg) (Entered: 10/22/2009)

Oct. 22, 2009

Oct. 22, 2009

PACER
7

First AMENDED COMPLAINT against Frank Shelp, MD, filed by Georgia Advocacy Office, Inc..(Norris, Joshua) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. (Entered: 11/02/2009)

Nov. 2, 2009

Nov. 2, 2009

PACER
8

Joint MOTION to Continue by Frank Shelp, MD, Hilary Hoo-You. (Attachments: # 1 Text of Proposed Order Exhibit 1)(Naunas, Jason) (Entered: 11/13/2009)

Nov. 13, 2009

Nov. 13, 2009

PACER
9

ORDER GRANTING 8 Motion to Continue hearing scheduled for 9/16/20009. The hearing is continued until 12/9/2009 at 10:00 AM in courtroom 2307, to determine whether the preliminary injunction requested by plaintiff should be granted. Signed by Judge Charles A. Pannell, Jr on 11/13/2009. (adg) (Entered: 11/16/2009)

Nov. 13, 2009

Nov. 13, 2009

PACER
10

MOTION to Continue by Georgia Advocacy Office, Inc.. (Attachments: # 1 Text of Proposed Order Proposed Order on Plaintiff's Motion for Continuance)(Norris, Joshua) (Entered: 12/09/2009)

Dec. 9, 2009

Dec. 9, 2009

PACER
11

Minute Entry for proceedings held before Judge Charles A. Pannell, Jr: Motion Hearing held on 12/9/2009. The parties appeared and stated to the court that they are trying to come to an agreement. The pla is to w/draw it's 2 MOTION for Preliminary Injunction and a Final Hearing to be held 4/29/2010 at 10:00 AM in ATLA Courtroom 2307 before Judge Charles A. Pannell Jr. (Court Reporter Lori Burgess)(adg) (Entered: 12/09/2009)

Dec. 9, 2009

Dec. 9, 2009

PACER
12

Defenses and ANSWER to 7 Amended Complaint by Frank Shelp, MD. Discovery ends on 5/17/2010.(Naunas, Jason) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. (Entered: 12/18/2009)

Dec. 18, 2009

Dec. 18, 2009

PACER
13

PRELIMINARY REPORT AND DISCOVERY PLAN filed by Frank Shelp, MD. (Attachments: # 1 Attachment "A", # 2 Text of Proposed Order)(Naunas, Jason) (Entered: 01/19/2010)

Jan. 19, 2010

Jan. 19, 2010

PACER
14

Initial Disclosures by Frank Shelp, MD. (Attachments: # 1 Attachment "A", # 2 Attachment "C")(Naunas, Jason) (Entered: 01/19/2010)

Jan. 19, 2010

Jan. 19, 2010

PACER
15

ORDER DIRECTING the parties to confer and file a joint preliminary report and scheduling order and a joint certificate of interested parties within 15 days from the date of the docketing of this order. Failure to do so will result in dismissal of the plaintiff's claims. The Clerk is directed to submit this case to the court if the joint certificate of interested parties and the joint preliminary report and scheduling order are not filed. Signed by Judge Charles A. Pannell, Jr on 2/10/2010. (adg) (Entered: 02/10/2010)

Feb. 10, 2010

Feb. 10, 2010

PACER
16

Amended PRELIMINARY REPORT AND DISCOVERY PLAN filed by Frank Shelp, MD. (Naunas, Jason) (Entered: 02/16/2010)

Feb. 16, 2010

Feb. 16, 2010

PACER
17

ORDER APPROVING 16 Amended Preliminary Report and Discovery Plan, except as herein modified: Daubert motions with regard to expert testimony shall be filed no later than 30 days after the close of final discovery. Signed by Judge Charles A. Pannell, Jr on 2/24/2010. (adg) (Entered: 02/24/2010)

Feb. 24, 2010

Feb. 24, 2010

PACER

Submission of 15 Order to Show Cause,submitted to District Judge Charles A. Pannell. (adg)

March 4, 2010

March 4, 2010

PACER

NOTICE of CANCELLATION of Hearing set for April 29, 2010 at 10:00 a.m. The hearing is re-set for 6/3/2010 at 10:00 AM in ATLA Courtroom 2307 before Judge Charles A. Pannell Jr.. (yrm)

April 23, 2010

April 23, 2010

PACER

Remark re 13 Preliminary Report and Discovery Plan (see 17 Order approving 16 Amended Preliminary Report and Discovery Plan ) (adg)

April 24, 2010

April 24, 2010

PACER
18

Consent MOTION for Extension of Time To File Summary Judgment Motions or The Pretrial Order by Georgia Advocacy Office, Inc., Frank Shelp, MD. (Attachments: # 1 Text of Proposed Order)(Naunas, Jason) (Entered: 04/27/2010)

April 27, 2010

April 27, 2010

PACER
19

ORDER GRANTING 18 Motion for Extension of Time to 5/7/2010 for parties to file motions for summary judgment. Signed by Judge Charles A. Pannell, Jr on 4/28/2010. (adg) (Entered: 04/28/2010)

April 28, 2010

April 28, 2010

PACER
20

MOTION for Summary Judgment on Plaintiff's Complaint with Brief In Support by Frank Shelp, MD. (Attachments: # 1 Defendant's Memorandum of Law In Support of his Motion for Summary Judgment)(Naunas, Jason) --Please refer to http://www.gand.uscourts.gov to obtain the Notice to Respond to Summary Judgment Motion form contained on the Court's website.-- (Entered: 05/07/2010)

1 Defendant's Memorandum of Law In Support of his Motion for Summary Judgmen

View on PACER

May 7, 2010

May 7, 2010

PACER
21

STATEMENT of Material Facts Upon Which There is No Genuine Issue to be Tried on Plaintiff's Complaint re 20 Motion for Summary Judgment, by Frank Shelp, MD. (Naunas, Jason) Modified on 5/11/2010 to correct docket text/document link (adg). Modified on 5/11/2010 (adg). (Entered: 05/07/2010)

May 7, 2010

May 7, 2010

PACER
22

APPENDIX in Support of re 21 Statement of Material Facts Upon Which There is No Genuine Issue to be Tried on Plaintiff's Complaint by Frank Shelp, MD. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Naunas, Jason) Modified on 5/11/2010 to correct docket text (adg). (Entered: 05/07/2010)

May 7, 2010

May 7, 2010

PACER
23

NOTICE Of Filing Notice of Filing Original Affidavits by Frank Shelp, MD (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Naunas, Jason) (Entered: 05/07/2010)

May 7, 2010

May 7, 2010

PACER
24

NOTICE of Appearance by Paula Rafferty Miller on behalf of Georgia Advocacy Office, Inc. (Miller, Paula) (Entered: 05/07/2010)

May 7, 2010

May 7, 2010

PACER
25

MOTION for Summary Judgment with Brief In Support by Georgia Advocacy Office, Inc.. (Attachments: # 1 Brief Memorandum of Law in Support of Motion for Summary Judgment, # 2 Statement of Material Facts Plaintiff's Statement of Undisputed Material Facts Upon Which There Is No Genuine Issue To Be Tried)(Norris, Joshua) --Please refer to http://www.gand.uscourts.gov to obtain the Notice to Respond to Summary Judgment Motion form contained on the Court's website.-- (Entered: 05/07/2010)

May 7, 2010

May 7, 2010

PACER
36

NOTICE Of Filing Original Affidavits by Frank Shelp, MD (Attachments: # 1 Exhibit A, # 2 Exhibit B)(adg) (Entered: 05/11/2010)

May 7, 2010

May 7, 2010

PACER
26

AFFIDAVIT re 25 MOTION for Summary Judgment Affidavit of Sadie Charles by Georgia Advocacy Office, Inc.. (Norris, Joshua) (Additional attachment(s) added on 5/12/2010: # 1 Unredacted Exhibits (DOCUMENT FILED UNDER SEAL )) (adg). Modified on 5/12/2010 (adg). (Entered: 05/08/2010)

May 8, 2010

May 8, 2010

PACER
27

AFFIDAVIT re 25 MOTION for Summary Judgment Affidavit of Ruby Moore by Georgia Advocacy Office, Inc.. (Norris, Joshua) (Entered: 05/08/2010)

May 8, 2010

May 8, 2010

PACER
28

AFFIDAVIT re 25 MOTION for Summary Judgment Affidavit of Tomika Jackson by Georgia Advocacy Office, Inc.. (Norris, Joshua) (Additional attachment(s) added on 5/12/2010: # 1 Unredacted Exhibits (DOCUMENT FILED UNDER SEAL )) (adg). Modified on 5/12/2010 (adg). (Entered: 05/08/2010)

May 8, 2010

May 8, 2010

PACER
29

AFFIDAVIT re 25 MOTION for Summary Judgment Affidavit of Geraldine Speed by Georgia Advocacy Office, Inc.. (Norris, Joshua) (Additional attachment(s) added on 5/12/2010: # 1 Unredacted Exhibits (DOCUMENT FILED UNDER SEAL )) (adg). Modified on 5/12/2010 (adg). (Entered: 05/08/2010)

May 8, 2010

May 8, 2010

PACER
30

AFFIDAVIT re 25 MOTION for Summary Judgment Affidavit of Katherine Chandler by Georgia Advocacy Office, Inc.. (Norris, Joshua) (Entered: 05/08/2010)

May 8, 2010

May 8, 2010

PACER
31

MOTION for Leave to File Excess Pages by Georgia Advocacy Office, Inc.. (Attachments: # 1 Text of Proposed Order)(Norris, Joshua) (Entered: 05/08/2010)

May 8, 2010

May 8, 2010

PACER
32

AFFIDAVIT re 25 MOTION for Summary Judgment Affidavit of Tobin McDaniel by Georgia Advocacy Office, Inc.. (Norris, Joshua) (Additional attachment(s) added on 5/12/2010: # 1 Unredacted Exhibits 1-45 (DOCUMENT FILED UNDER SEAL ), # 2 Unredacted Exhibits 46-77 (DOCUMENT FILED UNDER SEAL )) (adg). Modified on 5/12/2010 (adg). (Entered: 05/08/2010)

May 8, 2010

May 8, 2010

PACER
33

AFFIDAVIT re 25 MOTION for Summary Judgment Affidavit of Sarah Stanton by Georgia Advocacy Office, Inc.. (Norris, Joshua) (Additional attachment(s) added on 5/12/2010: # 1 Unredacted Exhibits 1-37 (DOCUMENT FILED UNDER SEAL ), # 2 Unredacted Exhibits 38-106 (DOCUMENT FILED UNDER SEAL ), # 3 Unredacted Exhibits 107-176 (DOCUMENT FILED UNDER SEAL )) (adg). Modified on 5/12/2010 (adg). (Entered: 05/08/2010)

May 8, 2010

May 8, 2010

PACER
34

MOTION for Extension of Time re: 29 Affidavit, 26 Affidavit, 25 MOTION for Summary Judgment, 33 Affidavit, 28 Affidavit, 32 Affidavit, 30 Affidavit, 27 Affidavit, 31 MOTION for Leave to File Excess Pages by Georgia Advocacy Office, Inc.. (Attachments: # 1 Affidavit Declaration of Paula Rafferty Miller, # 2 Exhibit Exhibits of Tobin McDaniel part 1, # 3 Exhibit Exhibits of McDaniel 2 of 2, # 4 Exhibit Exhibits Stanton 1 of 3, # 5 Exhibit Exhibits Stanton 2 of 3, # 6 Exhibit Exhibits Stanton 3 of 3)(Miller, Paula) (Entered: 05/10/2010)

May 10, 2010

May 10, 2010

PACER
35

MOTION to Seal Unredacted Copies of Exhibits by Georgia Advocacy Office, Inc.. (Attachments: # 1 Text of Proposed Order)(Miller, Paula) (Entered: 05/10/2010)

May 10, 2010

May 10, 2010

PACER
37

ORDER GRANTING 35 Motion to Seal Unredacted Copies Exhibits to Affidavits. Signed by Judge Charles A. Pannell, Jr on 5/11/2010. (adg) (Entered: 05/11/2010)

May 11, 2010

May 11, 2010

PACER
38

NOTICE OF REQUIREMENT TO FILE ELECTRONICALLY pursuant to Standing Order 04-01 as to Jason S. Naunas re 36 Notice of Filing. (adg) (Entered: 05/11/2010)

May 11, 2010

May 11, 2010

PACER

Notification of Docket Correction re 21 Statement of Material Facts, modified on 5/11/2010 to link to 20 MOTION for Summary Judgment on Plaintiff's Complaint. (adg)

May 11, 2010

May 11, 2010

PACER
39

NOTICE of Appearance by Julie Coleman Kegley on behalf of Georgia Advocacy Office, Inc. (Kegley, Julie) (Entered: 05/12/2010)

May 12, 2010

May 12, 2010

PACER
40

Consent MOTION for Extension of Time To Respond to Motions For Summary Judgment And To Continue Hearing with Brief In Support by Frank Shelp, MD. (Attachments: # 1 Text of Proposed Order)(Naunas, Jason) (Entered: 05/21/2010)

May 21, 2010

May 21, 2010

PACER
41

ORDER GRANTING 31 Motion for Leave to File Excess Pages; GRANTING 34 Motion for Extension of Time ; GRANTING 40 Motion for Extension of Time; the responses to 20 MOTION for Summary Judgment on Plaintiff's Complaint and 25 MOTION for Summary Judgment are due 6/15/2010, any reply is due on 6/29/2010; the hearing scheduled for 6/3/2010 is canceled, and if necessary, will be re-scheduled after the parties' motions for summary judgment have been fully briefed. Signed by Judge Charles A. Pannell, Jr. on 5/25/2010. (adg) (Entered: 05/25/2010)

May 25, 2010

May 25, 2010

PACER
42

Response to Statement of Material Facts re 20 MOTION for Summary Judgment on Plaintiff's Complaint Defendant's Appendix in Response to Plaintiff's Statement of Undisputed Material Facts as to which There Is No Genuine Issue For Trial And Memorandum Of Law In Support Of Plaintiff's Motion For Summary Judgment filed by Frank Shelp, MD. (Attachments: # 1 Exhibit Exhibits A - C, # 2 Exhibit Exhibits D - H, # 3 Exhibit Exhibits I- L, # 4 Exhibit Exhibits M - S)(Naunas, Jason) (Entered: 06/15/2010)

June 15, 2010

June 15, 2010

PACER
43

Response to Statement of Material Facts re 20 MOTION for Summary Judgment on Plaintiff's Complaint Defendant's Response to Plaintiff's Statement of Undisputed Material Facts as to Which There is No Genuine Issue for Trial filed by Frank Shelp, MD. (Naunas, Jason) (Entered: 06/15/2010)

June 15, 2010

June 15, 2010

PACER
44

RESPONSE re 25 MOTION for Summary Judgment and Memorandum of Law in Support of Plaintiff's Motion for Summary Judgment filed by Frank Shelp, MD. (Naunas, Jason) (Entered: 06/15/2010)

June 15, 2010

June 15, 2010

PACER
45

Response to Statement of Material Facts re 20 MOTION for Summary Judgment on Plaintiff's Complaint filed by Georgia Advocacy Office, Inc.. (Norris, Joshua) (Entered: 06/15/2010)

June 15, 2010

June 15, 2010

PACER
46

RESPONSE re 20 MOTION for Summary Judgment on Plaintiff's Complaint filed by Georgia Advocacy Office, Inc.. (Norris, Joshua) (Entered: 06/15/2010)

June 15, 2010

June 15, 2010

PACER
47

STATEMENT of Interest re 20 MOTION for Summary Judgment on Plaintiff's Complaint, 25 MOTION for Summary Judgment by United States of America (Rhee, Mina) Modified on 7/2/2010 to correct docket text (adg). (Entered: 06/25/2010)

June 25, 2010

June 25, 2010

RECAP
48

REPLY to Response to Motion re 20 MOTION for Summary Judgment on Plaintiff's Complaint filed by Frank Shelp, MD. (Naunas, Jason) Modified on 7/2/2010 to remove double wording and link to correct docket entry (adg). Modified on 7/2/2010 (adg). (Entered: 06/29/2010)

June 29, 2010

June 29, 2010

PACER
49

REPLY to Response to Motion re 25 MOTION for Summary Judgment filed by Georgia Advocacy Office, Inc.. (Norris, Joshua) (Entered: 06/29/2010)

June 29, 2010

June 29, 2010

PACER

Notification of Docket Correction re 47 STATEMENT of Interest. Modified on 7/2/2010 to correct docket text (adg)

July 2, 2010

July 2, 2010

PACER

Notification of Docket Correction re 48 Reply to Response to Motion. Modified on 7/2/2010 to link to correct docket entry. (adg)

July 2, 2010

July 2, 2010

PACER

Submission of 20 MOTION for Summary Judgment on Plaintiff's Complaint, 25 MOTION for Summary Judgment, submitted to District Judge Charles A. Pannell. (adg)

July 2, 2010

July 2, 2010

PACER
50

RESPONSE re 47 Notice (Other) Response to Statement of Interest of the United States filed by Frank Shelp, MD. (Naunas, Jason) (Entered: 07/09/2010)

July 9, 2010

July 9, 2010

PACER
51

Notice for Leave of Absence for the following date(s): 09/17/2010, 10/14/2010-10/28/2010; and 11/03/2010- 11/05/2010, by Jason S. Naunas. (Attachments: # 1 Letter Regarding Notice of Leave of Absence)(Naunas, Jason) Modified on 8/11/2010 to correct docket text (adg). (Entered: 08/10/2010)

Aug. 10, 2010

Aug. 10, 2010

PACER
52

Joint MOTION for Order for Mediation by Georgia Advocacy Office, Inc.. (Attachments: # 1 Text of Proposed Order Proposed Order for Mediation)(Norris, Joshua) (Entered: 03/08/2011)

March 8, 2011

March 8, 2011

PACER

NOTICE of Hearing on Motion re: 52 Joint MOTION for Order for Mediation. Motion Hearing set for 3/16/2011 at 10:00 AM in ATLA Courtroom 2307 before Judge Charles A. Pannell Jr.. (yrm)

March 9, 2011

March 9, 2011

PACER
53

ORDER DENYING 20 Motion for Summary Judgment; DENYING 25 Motion for Summary Judgment; the court will set a schedule for the parties to submittheir joint proposed pretrial order at a later date. Signed by Judge Charles A. Pannell, Jr on 3/9/2011. (adg) (Entered: 03/09/2011)

March 9, 2011

March 9, 2011

PACER
54

Minute Entry for proceedings held before Judge Charles A. Pannell, Jr: MOTION HEARING held on 3/16/2011; DENYING 52 Joint Motion for Order for Mediation. Court heard from counsel. Court has no objection to parties obtaining a 3rd party mediator that is knowledgeable in the aspects of this case. Consolidated PTO shall be filed no later than June 1, 2011. (Court Reporter Martha Frutchey)(mdy) (Entered: 03/16/2011)

March 16, 2011

March 16, 2011

PACER
55

ORDER DENYING 52 Joint Motion for Mediation Before a Magistrate Judge. The parties are DIRECTED, within 10 days of the docketing of this order, to confer and select a third party mediator more knowledgeable as to mental health policies and procedures than the magistrate judges of this court. The parties are further DIRECTED to submit the name and CV of any mediator agreed upon for this court's approval within 14 days of the date of this order. Finally, the parties are DIRECTED to submit their joint proposed pretrial order on or before 6/1/2011. Signed by Judge Charles A. Pannell, Jr on 3/16/2011. (mdy) (Entered: 03/16/2011)

March 16, 2011

March 16, 2011

PACER
56

NOTICE by Frank Shelp, MD Notice of Mediation Status (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Text of Proposed Order For Mediation)(Naunas, Jason) (Entered: 03/31/2011)

March 31, 2011

March 31, 2011

PACER
57

STATUS REPORT on Mediation by Georgia Advocacy Office, Inc.. (Attachments: # 1 Exhibit, # 2 Text of Proposed Order)(Miller, Paula) (Entered: 03/31/2011)

March 31, 2011

March 31, 2011

PACER
58

ORDER REFERRING CASE to Wayne Howell for Mediation. Signed by Judge Charles A. Pannell, Jr on 4/1/2011. (adg) (Entered: 04/01/2011)

April 1, 2011

April 1, 2011

PACER
59

Joint MOTION for Extension of Time to File the Pretrial Order by Frank Shelp, MD. (Attachments: # 1 Text of Proposed Order)(Naunas, Jason) (Entered: 04/26/2011)

April 26, 2011

April 26, 2011

PACER
60

ORDER GRANTING 59 Motion for Extension of Time until further order of the Court to file the pretrial order. Signed by Judge Charles A. Pannell, Jr on 4/27/2011. (adg) (Entered: 04/28/2011)

April 27, 2011

April 27, 2011

PACER
61

ORDER, Status Conference set for 9/29/2011 at 10:00 AM in ATLA Courtroom 2307 before Judge Charles A. Pannell Jr. Signed by Judge Charles A. Pannell, Jr. on 09/20/2011. (jtj) (Entered: 09/20/2011)

Sept. 20, 2011

Sept. 20, 2011

PACER
62

Minute Entry for proceedings held before Judge Charles A. Pannell, Jr: Status Conference held on 9/29/2011. The defendant request the hearing to discuss peer review and to ask the court to enter a scheduling order. Once the parties have completed their briefs, a hearing would be set. Before the hearing, dft is to inform the plaintiff if there will be live testimony, so the plaintiff can plan accordingly. The court is approving the stipulation as the temporary order of the court. Scheduling order to be entered by the court. Hearing concluded. (Court Reporter Martha Frutchey) (jtj) (Entered: 09/29/2011)

Sept. 29, 2011

Sept. 29, 2011

PACER
63

STIPULATION Agreement by Frank Shelp, MD. (Attachments: # 1 Exhibit A)(Naunas, Jason) (Entered: 09/29/2011)

Sept. 29, 2011

Sept. 29, 2011

PACER
64

ORDER APPROVING AND ADOPTING 63 Stipulation Agreement, including its exhibit, as the temporary order of this court and shall remain in effect until further order. The plaintiff is DIRECTED to file its brief on the issue of access to peer review records on or before October 31, 2011. The defendant shall have 30 days after the filing of the plaintiffs brief to respond. The plaintiff shall have 14 days after the filing of the defendants response to reply. The court anticipates setting a hearing on the issue of access to peer review records for some date thereafter. In addition, within 14 days after the deadline for the plaintiff to file a reply, the parties are DIRECTED to file on the docket a notice of sworn testimony to be presented at the hearing, including the name, title, address, phone number, and the substance of the expected testimony of any witness that might be called. Signed by Judge Charles A. Pannell, Jr. on 09/30/2011. (jtj) (Entered: 09/30/2011)

Sept. 30, 2011

Sept. 30, 2011

PACER
65

MOTION for Permanent Injunction with Brief In Support by Georgia Advocacy Office, Inc.. (Attachments: # 1 Brief Memorandum of Law in Support of Motion for Permanent Injunction)(Norris, Joshua) (Entered: 10/31/2011)

Oct. 31, 2011

Oct. 31, 2011

PACER
66

Request for Leave of Absence for the following date(s): 12/21/11, 12/22/11, 12/23/11, 12/24/11, 12/25/11, 12/26/11, 12/27/11, 12/28/11, 12/29/11, by Jason S. Naunas. (Naunas, Jason) (Entered: 11/15/2011)

Nov. 15, 2011

Nov. 15, 2011

PACER
67

RESPONSE re 65 MOTION for Permanent Injunction filed by Frank Shelp, MD. (Attachments: # 1 Exhibit A)(Harps, Calandra) (Entered: 11/30/2011)

Nov. 30, 2011

Nov. 30, 2011

PACER
68

REPLY BRIEF re 65 MOTION for Permanent Injunction filed by Georgia Advocacy Office, Inc.. (Attachments: # 1 Affidavit Affidavit of Ruby Moore)(Norris, Joshua) (Entered: 12/14/2011)

Dec. 14, 2011

Dec. 14, 2011

PACER

Submission of 65 MOTION for Permanent Injunction, submitted to District Judge Charles A. Pannell. (jtj)

Dec. 15, 2011

Dec. 15, 2011

PACER
69

Request for Leave of Absence for the following date(s): December 26-30, 2011, January 30-February 1, 2012, April 2-6, 2012, by Joshua H. Norris. (Norris, Joshua) (Entered: 12/15/2011)

Dec. 15, 2011

Dec. 15, 2011

PACER
70

Application for Leave of Absence for the following date(s): 12/26, 12/27, 12/28, 12/29, 12/30, by Paula Rafferty Miller. (Miller, Paula) (Entered: 12/16/2011)

Dec. 16, 2011

Dec. 16, 2011

PACER
71

Application for Leave of Absence for the following date(s): 12/26, 12/27, 12/28, 12/29, 12/30, by Julie Coleman Kegley. (Miller, Paula) Modified on 12/19/2011 to correct filer. (jtj) (Entered: 12/16/2011)

Dec. 16, 2011

Dec. 16, 2011

PACER
72

Witness List by Frank Shelp, MD. (Naunas, Jason) (Entered: 12/20/2011)

Dec. 20, 2011

Dec. 20, 2011

PACER
73

Plaintiff's NOTICE of Sworn Witness Testimony by Georgia Advocacy Office, Inc. (Norris, Joshua) Modified on 12/29/2011 to correct docket text. (jtj) (Entered: 12/28/2011)

Dec. 28, 2011

Dec. 28, 2011

PACER
74

NOTICE of Appearance by Calandra A. Harps on behalf of Frank Shelp, MD (Harps, Calandra) (Entered: 01/04/2012)

Jan. 4, 2012

Jan. 4, 2012

PACER

NOTICE of Hearing on Motion re: 65 MOTION for Permanent Injunction Motion Hearing set for 2/22/2012 at 11:00 AM in ATLA Courtroom 2307 before Judge Charles A. Pannell Jr.. (yrm)

Feb. 6, 2012

Feb. 6, 2012

PACER

NOTICE of Hearing on Motion re: 65 MOTION for Permanent Injunction Motion Hearing re-set for 2/28/2012 at 10:00 AM in ATLA Courtroom 2307 before Judge Charles A. Pannell Jr.. (yrm)

Feb. 7, 2012

Feb. 7, 2012

PACER
75

Minute Entry for proceedings held before Judge Charles A. Pannell, Jr: Motion Hearing held on 2/28/2012. TAKING UNDER ADVISEMENT 65 Motion for Permanent Injunction. Opening statements by counsel. Pla's evidence: Ruby Moore, sworn. Pla's exh 1, admitted. Dft's evidence Dr. Frank Shelp, sworn. Closing arguments by counsel. Each side to submit proposed orders to the court on or before 03/15/2012. Hearing concluded (Court Reporter Martha Frutchey) (jtj) (Entered: 02/28/2012)

Feb. 28, 2012

Feb. 28, 2012

PACER
76

TRANSCRIPT of Motion for Permanent Injunction Proceedings held on February 28, 2012, before Judge Charles A. Pannell, Jr. Court Reporter/Transcriber Martha J. Frutchey, Telephone number 404-215-1573. 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 3/27/2012. Redacted Transcript Deadline set for 4/6/2012. Release of Transcript Restriction set for 6/4/2012. (Attachments: # 1 Notice of Filing of Official Transcript) (kac) (Entered: 03/07/2012)

March 6, 2012

March 6, 2012

PACER
77

Plaintiff's EXHIBIT 1 received from Courtroom Deputy and placed in Exhibit room. (jtj) (Entered: 03/07/2012)

March 7, 2012

March 7, 2012

PACER
78

NOTICE Of Proposed Language by Frank Shelp, MD (Naunas, Jason) Modified on 3/16/2012 to remove duplicate text. (jtj) (Entered: 03/15/2012)

March 15, 2012

March 15, 2012

PACER
79

Plaintiff's Proposed Remedy/Order re: 65 MOTION for Permanent Injunction. (Norris, Joshua) Modified on 3/16/2012 to correct docket text. (jtj) (Entered: 03/15/2012)

March 15, 2012

March 15, 2012

PACER
80

Plaintiff's RESPONSE re 78 Defendant's Notice of Proposed Language filed by Georgia Advocacy Office, Inc. (Norris, Joshua) Modified on 3/19/2012 to correct docket text. (jtj) (Entered: 03/16/2012)

March 16, 2012

March 16, 2012

PACER
81

ORDER GRANTING 65 Motion for Permanent Injunction. Because this order and injunction adjudicates all remaining issues, the clerk is DIRECTED to close this civil action. Signed by Judge Charles A. Pannell, Jr on 5/9/2012. (adg) (Entered: 05/09/2012)

May 9, 2012

May 9, 2012

PACER
82

CLERK'S JUDGMENT prohibiting defendant from refusing to allow plaintiff to inspect and copy records under the P&A Acts. (adg)--Please refer to http://www.ca11.uscourts.gov to obtain an appeals jurisdiction checklist-- (Entered: 05/09/2012)

May 9, 2012

May 9, 2012

PACER

Civil Case Terminated. (adg)

May 9, 2012

May 9, 2012

PACER
83

Preliminary MOTION for Attorney Fees by Georgia Advocacy Office, Inc. (Miller, Paula) Modified on 5/25/2012 to remove double wording (adg). (Entered: 05/23/2012)

May 23, 2012

May 23, 2012

PACER
84

RESPONSE re 83 Preliminary MOTION for Attorney Fees filed by Frank Shelp, MD. (Naunas, Jason) (Entered: 06/04/2012)

June 4, 2012

June 4, 2012

PACER
85

REPLY to Response to Motion re 83 Preliminary MOTION for Attorney Fees filed by Georgia Advocacy Office, Inc.. (Kegley, Julie) (Entered: 06/18/2012)

June 18, 2012

June 18, 2012

PACER

Submission of 83 Preliminary MOTION for Attorney Fees, submitted to District Judge Charles A. Pannell. (adg)

June 20, 2012

June 20, 2012

PACER
86

Consent MOTION for Extension of Time to File Itemization of Requested Fee Award in Support of Plaintiff's Motion for Attorneys' Fees re: 83 Preliminary MOTION for Attorney Fees by Georgia Advocacy Office, Inc.. (Attachments: # 1 Text of Proposed Order)(Norris, Joshua) (Entered: 06/21/2012)

June 21, 2012

June 21, 2012

PACER
87

ORDER GRANTING 86 Consent Motion for Extension of Time until 6/29/2012 for Plaintiff to file its detailed specification and itemization of the requested fee award in support of Plaintiffs motion for attorneys' fees. Signed by Judge Charles A. Pannell, Jr on 6/25/2012. (adg) (Entered: 06/25/2012)

June 25, 2012

June 25, 2012

PACER

Case Details

State / Territory: Georgia

Case Type(s):

Mental Health (Facility)

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Oct. 16, 2009

Closing Date: 2014

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Georgia Advocacy Office (GAO), a non-profit Georgia corporation that provides protection and advocacy services to individuals with disabilities.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

NDRN/Protection & Advocacy Organizations

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Georgia, State

Defendant Type(s):

Jurisdiction-wide

Hospital/Health Department

Case Details

Causes of Action:

42 U.S.C. § 1983

Protection and Advocacy for Individuals with Mental Illness (PAIMI) Act, 42 U.S.C. § 10801

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Source of Relief:

Settlement

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $39,561.50

Order Duration: 2011 - 2014

Content of Injunction:

Required disclosure

Training

Preliminary relief request withdrawn/mooted

Issues

General:

Assault/abuse by staff

Records Disclosure

Sex w/ staff; sexual harassment by staff

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

Mental impairment

P&A access authority

P&A Associational Standing

Type of Facility:

Government-run