Case: Disability Rights Mississippi v. Mississippi Children's Home Services

3:13-cv-00547 | U.S. District Court for the Southern District of Mississippi

Filed Date: Sept. 6, 2013

Closed Date: Sept. 28, 2015

Clearinghouse coding complete

Case Summary

Plaintiff, Disability Rights Mississippi ("DRMS"), filed this lawsuit against CARES, Inc. (initially identified in Complaint as Mississippi Children's Home Services) on September 6, 2013, in the U.S. District Court for the Southern District of Mississippi. Defendant, a non-profit organization, operated CARES Center, a residential treatment facility for children with severe emotional or behavioral disabilities. Plaintiff asserted that, as Mississippi's designated Protection & Advocacy organizati…

Plaintiff, Disability Rights Mississippi ("DRMS"), filed this lawsuit against CARES, Inc. (initially identified in Complaint as Mississippi Children's Home Services) on September 6, 2013, in the U.S. District Court for the Southern District of Mississippi. Defendant, a non-profit organization, operated CARES Center, a residential treatment facility for children with severe emotional or behavioral disabilities. Plaintiff asserted that, as Mississippi's designated Protection & Advocacy organization for individuals with disabilities, it had monitoring authority over the CARES Center under federal P&A Acts. Plaintiff alleged that between July and August of 2013, defendant had denied both DRMS and the Southern Poverty Law Center ("SPLC") - which had contracted with DRMS to conduct monitoring visits - access to its facilities despite numerous attempts to explain DRMS's and SPLC's authority to conduct such visits under federal law. After defendant wrote a letter formally denying plaintiff access to its facilities, plaintiff filed this lawsuit.

Plaintiff brought claims under the federal P&A Acts and their accompanying regulations (42 U.S.C §§ 10805(a)(3), 15043 (a)(2)(H); 42 C.F.R. § 51.42(c); 45 C.F.R. §1386.22(g). Plaintiff sought declaratory and injunctive relief requiring it and SPLC access to the CARES Center. Plaintiff filed the Complaint along with a motion for a preliminary injunction.

On December 13, 2013, Defendant filed an Answer and Counterclaim. Defendant sought a declaratory judgment under 28 U.S.C §2201 stating that DRMS's authority to access the facility did not extend to unlimited and general operational investigations, but only to limited investigations of abuse or neglect. On January 2, 2014, plaintiff filed a motion to dismiss this counterclaim.

On February 5, 2014, the U.S. Department of Justice filed a statement of interest in the case. The statement asserted that the PAIMI Act was intended to provide P&A organizations with broad access to facilities like CARES, even in the absence of allegations of abuse or neglect. It also stated that monitoring is an important part of P&A organizations' mandate to protect vulnerable populations. Accordingly, the statement argued that plaintiff should have reasonable unaccompanied access to the CARES facilities.

On September 24, 2014, after the parties notified the court that they had reached a tentative working agreement, the court placed all pending motions - including plaintiff's motion for a preliminary injunction - on its inactive docket. On September 28, 2015, the parties jointly filed a stipulation of dismissal along with a sealed Settlement Agreement. While there is no formal dismissal on the record, there has been no action in the case since September of 2015.

Summary Authors

Lauren Latterell Powell (1/8/2018)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/14377335/parties/disability-rights-mississippi-v-cares-inc/


Judge(s)

Anderson, Linda Randle (Mississippi)

Wingate, Henry Travillion (Mississippi)

Attorneys(s) for Plaintiff

Bensky, Eric A. (District of Columbia)

Burnim, Ira Abraham (District of Columbia)

Canter, Joseph A. (Mississippi)

Davis, Gregory K. (Mississippi)

Fox, Deena (District of Columbia)

Hardage, Frances Kay (Mississippi)

Hill, Eve L. (District of Columbia)

Johnson, Elissa F (Mississippi)

Judge(s)

Anderson, Linda Randle (Mississippi)

Wingate, Henry Travillion (Mississippi)

Attorneys(s) for Plaintiff

Bensky, Eric A. (District of Columbia)

Burnim, Ira Abraham (District of Columbia)

Canter, Joseph A. (Mississippi)

Davis, Gregory K. (Mississippi)

Fox, Deena (District of Columbia)

Hardage, Frances Kay (Mississippi)

Hill, Eve L. (District of Columbia)

Johnson, Elissa F (Mississippi)

Katzerman, Jerri (Alabama)

McCarthy, Brooke L. (Mississippi)

Owens, Jody E. II (Mississippi)

Paige, Mitzi Dease (Mississippi)

Preston, Judith (Judy) C. (District of Columbia)

Samuels, Jocelyn (District of Columbia)

Schultz, William B (District of Columbia)

Smith, Jonathan Mark (District of Columbia)

White, Wendy Wilson (Mississippi)

Attorneys(s) for Defendant

Adkins, Arin Clark (Mississippi)

Bey, Sheryl (Mississippi)

Harris, Savaria B. (District of Columbia)

Documents in the Clearinghouse

Document

3:13-cv-00547

Docket [Pacer]

Disability Rights Mississippi v. CARES, Inc.

Sept. 28, 2015

Sept. 28, 2015

Docket
1

3:13-cv-00547

Complaint

Sept. 6, 2013

Sept. 6, 2013

Complaint
18

3:13-cv-00547

Answer and Affirmative Defenses of Cares, Inc. Incorrectly Identified as Mississippi Children's Home Services

Disability Rights Mississippi v. Mississippi Children's Home Service

U.S. District Court for the Northern District of Mississippi

Dec. 13, 2013

Dec. 13, 2013

Pleading / Motion / Brief
40

3:13-cv-00547

Statement of Interest of The United States

Feb. 5, 2014

Feb. 5, 2014

Pleading / Motion / Brief
64

3:13-cv-00547

Joint Stipulation of Dismissal Without Prejudice

Disability Rights Mississippi v. Mississippi Children's Home Service

U.S. District Court for the Northern District of Mississippi

Sept. 28, 2015

Sept. 28, 2015

Pleading / Motion / Brief

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/14377335/disability-rights-mississippi-v-cares-inc/

Last updated Aug. 7, 2022, 3:24 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Mississippi Children's Home Services ( Filing fee $ 400 receipt number 34643023535), filed by Disability Rights Mississippi. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A Amended Cooperative Agreement, # 3 Exhibit B Memo, # 4 Exhibit C Preliminary Injunction Order, # 5 Order)(SEC) (Attachment 5 replaced on 9/6/2013) (SEC). (Additional attachment(s) added on 9/6/2013: # 6 Exhibit D Letter) (SEC). (Entered: 09/06/2013)

1 Civil Cover Sheet

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2 Exhibit A Amended Cooperative Agreement

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3 Exhibit B Memo

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4 Exhibit C Preliminary Injunction Order

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5 Order

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6 Exhibit D Letter

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Sept. 6, 2013

Sept. 6, 2013

PACER
2

MOTION for Preliminary Injunction by Disability Rights Mississippi (Attachments: # 1 Exhibit A Agreement between DRMS and Southern Poverty Law Center, # 2 Exhibit B Correspondence of Counsel, # 3 Exhibit C Orders issued by Judges Jordan and Starrett, # 4 Exhibit D Defendant's Denial Letter)(Canter, Joseph) (Entered: 09/06/2013)

1 Exhibit A Agreement between DRMS and Southern Poverty Law Center

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2 Exhibit B Correspondence of Counsel

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3 Exhibit C Orders issued by Judges Jordan and Starrett

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4 Exhibit D Defendant's Denial Letter

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Sept. 6, 2013

Sept. 6, 2013

PACER
3

MEMORANDUM in Support re 2 MOTION for Preliminary Injunction filed by Disability Rights Mississippi (Canter, Joseph) (Entered: 09/06/2013)

Sept. 6, 2013

Sept. 6, 2013

PACER
4

Summons Issued as to Mississippi Children's Home Services. (cwl) (Entered: 09/09/2013)

Sept. 6, 2013

Sept. 6, 2013

PACER
5

Summons Returned Unexecuted by Disability Rights Mississippi as to Mississippi Children's Home Services. (Canter, Joseph) (Entered: 09/09/2013)

Sept. 9, 2013

Sept. 9, 2013

PACER
6

Summons Reissued as to Mississippi Children's Home Services. (cwl) (Entered: 09/09/2013)

Sept. 9, 2013

Sept. 9, 2013

PACER
7

SUMMONS Returned Executed by Disability Rights Mississippi Mississippi Children's Home Services served on 9/9/2013, answer due 9/30/2013. (Canter, Joseph) (Entered: 09/10/2013)

Sept. 10, 2013

Sept. 10, 2013

PACER
8

NOTICE of Appearance by Arin Clark Adkins on behalf of Mississippi Children's Home Services (Adkins, Arin) (Entered: 09/13/2013)

Sept. 13, 2013

Sept. 13, 2013

PACER
9

Corporate Disclosure Statement by Mississippi Children's Home Services (Adkins, Arin) (Entered: 09/25/2013)

Sept. 25, 2013

Sept. 25, 2013

PACER
10

First MOTION for Extension of Time to File Response/Reply to Compliant and Preliminary Injunction by Mississippi Children's Home Services (Adkins, Arin) (Entered: 09/25/2013)

Sept. 25, 2013

Sept. 25, 2013

PACER
11

RESPONSE in Opposition re 10 First MOTION for Extension of Time to File Response/Reply to Compliant and Preliminary Injunction filed by Disability Rights Mississippi (Attachments: # 1 Exhibit A - Correspondence)(Canter, Joseph) (Entered: 09/25/2013)

1 Exhibit A - Correspondence

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Sept. 25, 2013

Sept. 25, 2013

PACER
12

ORDER granting 10 Motion for Extension of Time to File Response/Reply re 2 MOTION for Preliminary Injunction Responses due by 10/30/2013 Signed by District Judge Henry T. Wingate on 9/30/13 (TRS) (Entered: 09/30/2013)

Sept. 30, 2013

Sept. 30, 2013

PACER
13

NOTICE of Appearance by Sheryl Bey on behalf of Mississippi Children's Home Services (Bey, Sheryl) (Entered: 10/18/2013)

Oct. 18, 2013

Oct. 18, 2013

PACER
14

MOTION for Savaria B. Harris to Appear Pro Hac Vice by Mississippi Children's Home Services (Attachments: # 1 Exhibit A-Certificate of Good Standing)(Bey, Sheryl) (Entered: 10/29/2013)

1 Exhibit A-Certificate of Good Standing

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Oct. 29, 2013

Oct. 29, 2013

PACER
15

MOTION for Ebony S. Johnson to Appear Pro Hac Vice by Mississippi Children's Home Services (Attachments: # 1 Exhibit A-Certificate of Good Standing)(Bey, Sheryl) (Entered: 10/29/2013)

1 Exhibit A-Certificate of Good Standing

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Oct. 29, 2013

Oct. 29, 2013

PACER
16

Unopposed MOTION for Extension of Time to File Answer re 1 Complaint,, Unopposed MOTION for Extension of Time to File Response/Reply as to 3 Memorandum in Support of Motion, 2 MOTION for Preliminary Injunction by Mississippi Children's Home Services (Bey, Sheryl) (Entered: 10/29/2013)

Oct. 29, 2013

Oct. 29, 2013

PACER

Pro Hac Vice fee paid by (Savaria B. Harris) $ 100, receipt number 34643024448 (cwl)

Oct. 30, 2013

Oct. 30, 2013

PACER

Pro Hac Vice fee paid by (Ebony S. Johnson) $ 100, receipt number 34643024449 (cwl)

Oct. 30, 2013

Oct. 30, 2013

PACER

TEXT-ONLY ORDER granting 14 Motion to Appear Pro Hac Vice of SAVARIA B. HARRIS; and granting 15 Motion to Appear Pro Hac Vice of EBONY S. JOHNSON. Signed by Magistrate Judge Linda R. Anderson on 10/31/2013. NO FURTHER WRITTEN ORDER SHALL BE ISSUED. (WG)

Oct. 31, 2013

Oct. 31, 2013

PACER

TEXT ONLY ORDER granting unopposed 16 Motion for Extension of Time to Answer; Mississippi Children's Home Services answer due 11/29/2013; granting 16 Motion for Extension of Time to File Response to Motion for Preliminary Injunction 2 ; response due 11/29/2013. Good cause shown; settlement negotiations pending. NO WRITTEN ORDER TO FOLLOW. Signed by Magistrate Judge Linda R. Anderson on 11/4/2013. (ACF)

Nov. 4, 2013

Nov. 4, 2013

PACER
17

Unopposed MOTION for Extension of Time to File Response/Reply as to 1 Complaint, 2 MOTION for Preliminary Injunction, Unopposed MOTION for Extension of Time to File by Mississippi Children's Home Services (Bey, Sheryl) (Entered: 11/26/2013)

Nov. 26, 2013

Nov. 26, 2013

PACER

TEXT-ONLY ORDER granting 17 Motion for Extension of Time to File Response/Reply re 2 MOTION for Preliminary Injunction ( Responses due by 12/13/2013) and Motion for Extension of Time to File Response to Complaint. Signed by Magistrate Judge Linda R. Anderson on 11/27/2013. NO FURTHER WRITTEN ORDER SHALL BE ISSUED. (WG)

Nov. 27, 2013

Nov. 27, 2013

PACER
18

ANSWER to 1 Complaint, with Jury Demand, COUNTERCLAIM against Disability Rights Mississippi by Mississippi Children's Home Services.(Bey, Sheryl) (Entered: 12/13/2013)

Dec. 13, 2013

Dec. 13, 2013

PACER
19

RESPONSE in Opposition re 2 MOTION for Preliminary Injunction filed by Mississippi Children's Home Services (Bey, Sheryl) (Entered: 12/13/2013)

Dec. 13, 2013

Dec. 13, 2013

PACER
20

MEMORANDUM in Opposition re 2 MOTION for Preliminary Injunction filed by Mississippi Children's Home Services (Attachments: # 1 Exhibit "1" - Order, # 2 Exhibit "2" - Agreed Order)(Bey, Sheryl) (Entered: 12/13/2013)

1 Exhibit "1" - Order

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2 Exhibit "2" - Agreed Order

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Dec. 13, 2013

Dec. 13, 2013

PACER
21

Rule 16(a) Initial Order Telephonic Case Management Conference set for 1/21/2014 11:30 AM before Magistrate Judge Linda R. Anderson (WG) (Entered: 12/16/2013)

Dec. 16, 2013

Dec. 16, 2013

PACER
22

Unopposed MOTION for Leave to File Excess Pages by Disability Rights Mississippi (Canter, Joseph) (Entered: 12/19/2013)

Dec. 19, 2013

Dec. 19, 2013

PACER
23

Rebuttal re 2 MOTION for Preliminary Injunction filed by Disability Rights Mississippi (Attachments: # 1 Exhibit Bey email, # 2 Exhibit August 23 Denial Letter, # 3 Exhibit USA 8th Circuit Brief)(Canter, Joseph) (Entered: 12/23/2013)

1 Exhibit Bey email

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2 Exhibit August 23 Denial Letter

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3 Exhibit USA 8th Circuit Brief

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Dec. 23, 2013

Dec. 23, 2013

PACER
24

MOTION to Strike by Disability Rights Mississippi (Attachments: # 1 Exhibit - Nov 26 email)(Canter, Joseph) (Entered: 12/23/2013)

1 Exhibit - Nov 26 email

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Dec. 23, 2013

Dec. 23, 2013

PACER
25

RESPONSE in Opposition re 24 MOTION to Strike filed by Mississippi Children's Home Services (Bey, Sheryl) (Entered: 12/27/2013)

Dec. 27, 2013

Dec. 27, 2013

PACER
26

ORDER granting 22 Motion for Leave to File Excess Pages Signed by District Judge Henry T. Wingate on 12/30/13 (TRS) (Entered: 12/31/2013)

Dec. 31, 2013

Dec. 31, 2013

PACER
27

MOTION to Dismiss Counterclaim by Disability Rights Mississippi (Canter, Joseph) (Entered: 01/03/2014)

Jan. 3, 2014

Jan. 3, 2014

PACER
28

MEMORANDUM in Support re 27 MOTION to Dismiss Counterclaim filed by Disability Rights Mississippi (Canter, Joseph) (Entered: 01/03/2014)

Jan. 3, 2014

Jan. 3, 2014

PACER
29

MOTION for Jerri Katzerman to Appear Pro Hac Vice by Disability Rights Mississippi (Attachments: # 1 Exhibit A Certificate of Good Standing)(Canter, Joseph) (Entered: 01/06/2014)

1 Exhibit A Certificate of Good Standing

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Jan. 6, 2014

Jan. 6, 2014

PACER
30

Rebuttal re 24 MOTION to Strike filed by Disability Rights Mississippi (Canter, Joseph) (Entered: 01/06/2014)

Jan. 6, 2014

Jan. 6, 2014

PACER

Pro Hac Vice fee paid for Jerri Katzerman receipt number 0538-2588198 $ 100 (Canter, Joseph)

Jan. 7, 2014

Jan. 7, 2014

PACER

TEXT-ONLY ORDER granting 29 Motion to Appear Pro Hac Vice of JERRI KATZERMAN as co-counsel. Signed by Magistrate Judge Linda R. Anderson on 1/07/2014. NO FURTHER WRITTEN ORDER SHALL BE ISSUED. (WG)

Jan. 7, 2014

Jan. 7, 2014

PACER
31

Unopposed MOTION for Extension of Time to File Responsive Pleadings to Plaintiff's Motion to Dismiss Counterclaim [Dkt. #27] by Mississippi Children's Home Services (Bey, Sheryl) (Entered: 01/14/2014)

Jan. 14, 2014

Jan. 14, 2014

PACER
32

MOTION for Ira Burnim to Appear Pro Hac Vice by Disability Rights Mississippi (Attachments: # 1 Exhibit A - Burnim Certificate of Good Standing, # 2 Exhibit B - Bar Admission List)(Canter, Joseph) (Entered: 01/21/2014)

1 Exhibit A - Burnim Certificate of Good Standing

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2 Exhibit B - Bar Admission List

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Jan. 21, 2014

Jan. 21, 2014

PACER

Pro Hac Vice fee paid for Ira Burnim receipt number 0538-2599515 $ 100 (Canter, Joseph)

Jan. 21, 2014

Jan. 21, 2014

PACER

Minute Entry for proceedings held before Magistrate Judge Linda R. Anderson: Telephonic Case Management Conference convened on 1/21/2014. Participants: Jody Owens, II, Andrew Canter and Wendy White. Court discussed case wqith counsel. Telephonic Case Management Conference will be rescheduled for 1/27/2014 to allow counsel to confer and prepare a proposed scheduling order. (WG)

Jan. 21, 2014

Jan. 21, 2014

PACER

NOTICE OF SETTING: Telephonic Case Management Conference set to reconvene on 1/27/2014 09:00 AM before Magistrate Judge Linda R. Anderson. Counsel for plaintiff to initiate conference call. Telephone number: 601-608-4440. (WG)

Jan. 21, 2014

Jan. 21, 2014

PACER

TEXT-ONLY ORDER granting 32 Motion to Appear Pro Hac Vice of IRA BURNIM as co-counsel for Disability Rights Mississippi. Signed by Magistrate Judge Linda R. Anderson on 1/22/2014. NO FURTHER WRITTEN ORDER SHALL BE ISSUED. (WG)

Jan. 22, 2014

Jan. 22, 2014

PACER
33

Unopposed MOTION to Amend/Correct 1 Complaint, (Correct Misnomer) by Mississippi Children's Home Services (Bey, Sheryl) (Entered: 01/23/2014)

Jan. 23, 2014

Jan. 23, 2014

PACER
34

NOTICE OF CONVENTIONAL FILING filed by Disability Rights Mississippi. (RRL) (Entered: 01/24/2014)

Jan. 24, 2014

Jan. 24, 2014

PACER
35

STATEMENT Regarding Defendant's Requested Discovery filed by Disability Rights Mississippi. (RRL) (Entered: 01/24/2014)

Jan. 24, 2014

Jan. 24, 2014

PACER
36

RESPONSE in Opposition re 27 MOTION to Dismiss Counterclaim filed by Mississippi Children's Home Services (Bey, Sheryl) (Entered: 01/24/2014)

Jan. 24, 2014

Jan. 24, 2014

PACER
37

MEMORANDUM in Opposition re 27 MOTION to Dismiss Counterclaim filed by Mississippi Children's Home Services (Bey, Sheryl) (Entered: 01/24/2014)

Jan. 24, 2014

Jan. 24, 2014

PACER

TEXT ONLY ORDER granting Defendant's unopposed 33 Motion to Correct Misnomer. The Clerk is directed to alter the docket of this case to reflect the proper name of Defendant as "CARES, Inc." Any reference to Mississippi Children's Home Services shall be deleted; all further pleadings shall reflect the proper name of Defendant, CARES, Inc. NO WRITTEN ORDER TO FOLLOW. Signed by Magistrate Judge Linda R. Anderson on 1/27/2014. (ACF)

Jan. 27, 2014

Jan. 27, 2014

PACER

Minute Entry for proceedings held before Magistrate Judge Linda R. Anderson: Telephonic Case Management Conference reconvened on 1/27/2014. Participants: Andrew Canter, Jody Owqens, Ebony Johnson and Sheryl Bey. Conference convened. Court heard arguments of counsel. Discovery will be stayed pending a ruling on the motion for injunctive relief. Any requested discovery related to injunctive relief will be addressed by the District Judge. (WG)

Jan. 27, 2014

Jan. 27, 2014

PACER

ORDER STAYING DISCOVERY pending a ruling on the motion for injunctive relief. Any requested discovery related to injunctive relief will be addressed by the District Judge. Signed by Magistrate Judge Linda R. Anderson on 1/27/2014. NO FURTHER WRITTEN ORDER SHALL BE ISSUED. (WG)

Jan. 27, 2014

Jan. 27, 2014

PACER
38

MOTION to Deny Defendant's Request for Discovery on Undisputed Factual Issues by Disability Rights Mississippi (Canter, Joseph) (Entered: 01/27/2014)

Jan. 27, 2014

Jan. 27, 2014

PACER
39

Rebuttal re 27 MOTION to Dismiss Counterclaim filed by Disability Rights Mississippi (Canter, Joseph) (Entered: 02/03/2014)

Feb. 3, 2014

Feb. 3, 2014

PACER
40

STATEMENT OF INTEREST OF THE UNITED STATES, Amicus Curiae APPEARANCE entered by Deena Fox on behalf of United States Department of Justice (Fox, Deena) Modified on 2/6/2014 (cwl). (Entered: 02/05/2014)

Feb. 5, 2014

Feb. 5, 2014

RECAP
41

MOTION To Introduce Live Testimony at the Plaintiff's Hearing on its Motion for Preliminary Injunction (Dkt. #2) re 2 MOTION for Preliminary Injunction by CARES, Inc. (Bey, Sheryl) Modified on 7/15/2015 (cwl). (Entered: 02/07/2014)

Feb. 7, 2014

Feb. 7, 2014

PACER
42

RESPONSE in Opposition re 38 MOTION to Deny Defendant's Request for Discovery on Undisputed Factual Issues filed by CARES, Inc. (Bey, Sheryl) Modified on 7/15/2015 (cwl). (Entered: 02/07/2014)

Feb. 7, 2014

Feb. 7, 2014

PACER
43

MEMORANDUM in Opposition re 38 MOTION to Deny Defendant's Request for Discovery on Undisputed Factual Issues filed by CARES, Inc.. (Bey, Sheryl) Modified on 7/15/2015 (cwl). (Entered: 02/07/2014)

Feb. 7, 2014

Feb. 7, 2014

PACER
44

NOTICE of Appearance by Mitzi Dease Paige on behalf of United States Department of Justice (Paige, Mitzi) (Entered: 02/11/2014)

Feb. 11, 2014

Feb. 11, 2014

PACER
45

Rebuttal re 38 MOTION to Deny Defendant's Request for Discovery on Undisputed Factual Issues filed by Disability Rights Mississippi (Canter, Joseph) (Entered: 02/13/2014)

Feb. 13, 2014

Feb. 13, 2014

PACER
46

RESPONSE in Opposition re 41 MOTION To Introduce Live Testimony at the Plaintiff's Hearing on its Motion for Preliminary Injunction (Dkt. #2) re 2 MOTION for Preliminary Injunction filed by Disability Rights Mississippi (Canter, Joseph) (Entered: 02/13/2014)

Feb. 13, 2014

Feb. 13, 2014

PACER
47

MOTION to Introduce Surrebuttal Testimony at the Plaintiff's Hearing on its Motion for Preliminary Injunction [Dkt. #2] by CARES, Inc. (Bey, Sheryl) Modified on 7/15/2015 (cwl). (Entered: 02/14/2014)

Feb. 14, 2014

Feb. 14, 2014

PACER
48

RESPONSE to Motion re 40 Amicus Curiae Appearance filed by CARES, Inc. (Bey, Sheryl) Modified on 7/15/2015 (cwl). (Entered: 02/18/2014)

Feb. 18, 2014

Feb. 18, 2014

PACER
49

RESPONSE in Support re 41 MOTION To Introduce Live Testimony at the Plaintiff's Hearing on its Motion for Preliminary Injunction (Dkt. #2) re 2 MOTION for Preliminary Injunction filed by Mississippi Children's Home Services (Bey, Sheryl) (Entered: 02/19/2014)

Feb. 19, 2014

Feb. 19, 2014

PACER

NOTICE OF SETTING as to 38 MOTION to Deny Defendant's Request for Discovery on Undisputed Factual Issues . Telephonic Motion Hearing set for 3/4/2014 09:00 AM before Magistrate Judge Linda R. Anderson. Movant to initiate conference call. Telephone number: 601-608-4440. (WG)

Feb. 20, 2014

Feb. 20, 2014

PACER
50

RESPONSE in Opposition re 47 MOTION to Introduce Surrebuttal Testimony at the Plaintiff's Hearing on its Motion for Preliminary Injunction 2 filed by Disability Rights Mississippi (Attachments: # 1 Exhibit A - Letter from Counsel for DRMS to Court)(Canter, Joseph) (Entered: 03/03/2014)

1 Exhibit A - Letter from Counsel for DRMS to Court

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March 3, 2014

March 3, 2014

PACER

Minute Entry for proceedings held before Magistrate Judge Linda R. Anderson: TelephonicMotion Hearing held on 3/4/2014 re 38 MOTION to Deny Defendant's Request for Discovery on Undisputed Factual Issues filed by Disability Rights Mississippi. Participants: Jerri Katzerman, Jody E. Owens II, Joseph Andrew Canter, Sheryl Bey, Ebony Johnson and Savaria Harris. The Magistrate Judge heard argument and finds it appropriate to defer to the Ditrict Judge to determine whether additional information via discovery is necessary to his determination of the Motion for Preliminary Injunctive Relief. (WG)

March 4, 2014

March 4, 2014

PACER
51

RESPONSE in Support re 47 MOTION to Introduce Surrebuttal Testimony at the Plaintiff's Hearing on its Motion for Preliminary Injunction [Dkt. #2] filed by CARES, Inc. (Bey, Sheryl) Modified on 7/15/2015 (cwl). (Entered: 03/12/2014)

March 12, 2014

March 12, 2014

PACER

TEXT ONLY ORDER finding as moot 31 Motion for Extension of Time to File. NO FURTHER WRITTEN ORDER SHALL BE ISSUED. Signed by District Judge Henry T. Wingate on 7/3/14 (TRS)

July 3, 2014

July 3, 2014

PACER
52

MOTION to Substitute Attorney by Disability Rights Mississippi (Hardage, Frances) (Entered: 07/07/2014)

July 7, 2014

July 7, 2014

PACER
53

ORDER granting 52 Motion to Substitute Attorney. Attorney Wendy Wilson White terminated. Signed by Magistrate Judge Linda R. Anderson on 7/8/2014. (WG) (Entered: 07/08/2014)

July 8, 2014

July 8, 2014

PACER

NOTICE of Hearing on Motion 41 MOTION To Introduce Live Testimony at the Plaintiff's Hearing on its Motion for Preliminary Injunction (Dkt. #2) re 2 MOTION for Preliminary Injunction, 27 MOTION to Dismiss Counterclaim, 24 MOTION to Strike, 47 MOTION to Introduce Surrebuttal Testimony at the Plaintiff's Hearing on its Motion for Preliminary Injunction [Dkt. #2], 38 MOTION to Deny Defendant's Request for Discovery on Undisputed Factual Issues, 2 MOTION for Preliminary Injunction : Motion Hearing set for 8/26/2014 09:30 AM in Courtroom 6A (Jackson) Wingate before District Judge Henry T. Wingate (TRS)

Aug. 12, 2014

Aug. 12, 2014

PACER
54

MOTION for Resetting Hearing by CARES, Inc. (Bey, Sheryl) Modified on 7/15/2015 (cwl). (Entered: 08/12/2014)

Aug. 12, 2014

Aug. 12, 2014

PACER

Set Hearings: Telephone Conference set for 8/14/2014 11:00 AM before District Judge Henry T. Wingate (TRS)

Aug. 14, 2014

Aug. 14, 2014

PACER

Minute Entry for proceedings held before District Judge Henry T. Wingate. VIA TELPHONE: J. Owens, J. Canter, and F. Hardage, plaintiff's counsel; S. Bey, E. Johnson, and S. Harris, defense counsel. Telephone Conference held on 8/14/2014. The Court GRANTED 54 Motion for Resetting August 26, 2014 Hearing. An order will be forthcoming. (TRS)

Aug. 14, 2014

Aug. 14, 2014

PACER
55

ORDER denying 41 Motion to Present Live Testimony; finding as moot 47 Motion to Introduce Surrebuttal Testimony; granting 54 Motion for Hearing Signed by District Judge Henry T. Wingate on 8/19/14 (TRS) (Entered: 08/19/2014)

Aug. 19, 2014

Aug. 19, 2014

PACER
56

MOTION to Withdraw as Attorney for the Defendant by CARES, Inc. (Harris - PHV, Savaria) Modified on 7/15/2015 (cwl). (Entered: 08/20/2014)

Aug. 20, 2014

Aug. 20, 2014

PACER

TEXT-ONLY ORDER granting 56 Motion to Withdraw as Attorney. Attorney Savaria B. Harris - PHV terminated. Signed by Magistrate Judge Linda R. Anderson on 8/21/2014. NO FURTHER WRITTEN ORDER SHALL BE ISSUED. (WG)

Aug. 21, 2014

Aug. 21, 2014

PACER

NOTICE of Hearing on Motion 27 MOTION to Dismiss Counterclaim, 24 MOTION to Strike, 38 MOTION to Deny Defendant's Request for Discovery on Undisputed Factual Issues, 2 MOTION for Preliminary Injunction : Motion Hearing set for 9/18/2014 09:30 AM in Courtroom 6A (Jackson) Wingate before District Judge Henry T. Wingate (TRS)

Aug. 21, 2014

Aug. 21, 2014

PACER
57

MOTION to Withdraw as Attorney by Disability Rights Mississippi (Canter, Joseph) (Entered: 08/25/2014)

Aug. 25, 2014

Aug. 25, 2014

PACER

TEXT-ONLY ORDER granting 57 Motion to Withdraw as Attorney. Attorney Joseph Andrew Canter terminated. Signed by Magistrate Judge Linda R. Anderson on 8/26/2014. NO FURTHER WRITTEN ORDER SHALL BE ISSUED. (WG)

Aug. 26, 2014

Aug. 26, 2014

PACER
58

MOTION for Eric A. Bensky to Appear Pro Hac Vice by Disability Rights Mississippi (Attachments: # 1 Exhibit A Certificates of Good Standing)(Owens, Jody) (Entered: 09/02/2014)

1 Exhibit A Certificates of Good Standing

View on PACER

Sept. 2, 2014

Sept. 2, 2014

PACER

Pro Hac Vice fee paid for Eric A. Bensky receipt number 0538-2762547 $ 100 (Owens, Jody)

Sept. 2, 2014

Sept. 2, 2014

PACER

TEXT-ONLY ORDER granting 58 Motion to Appear Pro Hac Vice of ERIC A. BENSKY as co-counsel. Signed by Magistrate Judge Linda R. Anderson on 9/03/2014. NO FURTHER WRITTEN ORDER SHALL BE ISSUED. (WG)

Sept. 3, 2014

Sept. 3, 2014

PACER
59

NOTICE of Appearance by Joi L. Owens on behalf of Disability Rights Mississippi (Owens, Joi) (Entered: 09/10/2014)

Sept. 10, 2014

Sept. 10, 2014

PACER

Minute Entry for proceedings held before District Judge Henry T. Wingate. PARTICIPANTS: Jodi Owens, plaintiff's counsel; Sheryl Bey, defense counsel.Telephone Conference held on 9/17/2014. The parties announced to the court that they have entered into a tentative working agreement to resolve this dispute, therefore, the hearing scheduled on 9/18/14 has been cancelled. Meanwhile, the court will place all pending motions on its inactive docket. If needed, the motions will be placed back on its active docket if the parties cannot come to terms with a resolution. The parties are to report back to the court in 6 months. (TRS)

Sept. 17, 2014

Sept. 17, 2014

PACER
60

ORDER ADOPTING TENTATIVE WORKING AGREEMENT TO RESOLVE DISPUTE. The court places on its inactive docket 24 Motion to Strike ; 27 Motion to Dismiss; 2 Motion for Preliminary Injunction; and 38 Motion to Deny Request for Discovery. Meanwhile, this lawsuit will disappear form the court's active docket and case load. Signed by District Judge Henry T. Wingate on 9/19/14 (TRS) (Entered: 09/19/2014)

Sept. 19, 2014

Sept. 19, 2014

PACER
61

MOTION to Substitute Attorney Elissa Johnson, MOTION to Withdraw as Attorney Jerri Katzerman by Disability Rights Mississippi (Johnson, Elissa) (Entered: 04/09/2015)

April 9, 2015

April 9, 2015

PACER

TEXT-ONLY ORDER granting 61 Motion to Substitute Attorney and granting 61 Motion to Withdraw as Attorney. Attorney Jerri Katzerman - PHV terminated. Signed by Magistrate Judge Linda R. Anderson on 4/10/2015. NO FURTHER WRITTEN ORDER SHALL BE ISSUED. (WG)

April 10, 2015

April 10, 2015

PACER

DOCKET ANNOTATION: Pursuant to Text Only Order filed 1/27/2014 docket modified to reflect CARES, Inc. instead of Mississippi Children's Home Services. (cwl)

July 15, 2015

July 15, 2015

PACER
62

MOTION to Withdraw as Attorney Elissa Johnson, MOTION to Substitute Attorney Brooke McCarthy by Disability Rights Mississippi (Johnson, Elissa) (Entered: 09/09/2015)

Sept. 9, 2015

Sept. 9, 2015

PACER

TEXT-ONLY ORDER granting 62 Motion to Withdraw as Attorney. Attorney Elissa F. Johnson terminated; and granting 62 Motion to Substitute Attorney. Added attorney Brooke L. McCarthy for Disability Rights Mississippi. Signed by Magistrate Judge Linda R. Anderson on 9/10/2015. NO FURTHER WRITTEN ORDER SHALL BE ISSUED. (WG)

Sept. 10, 2015

Sept. 10, 2015

PACER

Minute Entry for proceedings held before District Judge Henry T. Wingate. PARTICIPANTS: Jody Owens, Joi Owens, and Brooke McCarthy, plaintiff's counsel; Sheryl Bey, defense counsel. Telephone Conference held on 9/25/2015. Plaintiff's counsel will file a motion to reopen the case by Monday, September 28, 2015. Thereafter, a Stipulation of Dismissal will be filed with the Settlement Agreement as an exhibit filed UNDER SEAL. (TRS)

Sept. 25, 2015

Sept. 25, 2015

PACER
63

Joint MOTION to Reopen Case For The Limited Purpose of Filing Exhibit to Stipulation of Dismissal Without Prejudice Under Seal by Disability Rights Mississippi (Owens, Jody) (Entered: 09/25/2015)

Sept. 25, 2015

Sept. 25, 2015

PACER
64

STIPULATION of Dismissal Jointly Stipulated by CARES, Inc. (Bey, Sheryl) (Entered: 09/28/2015)

Sept. 28, 2015

Sept. 28, 2015

PACER
65

Sealed Document filed by Cares, Inc.. (cwl) Modified on 9/28/2015 (cwl). (Entered: 09/28/2015)

Sept. 28, 2015

Sept. 28, 2015

PACER
66

NOTICE OF CONVENTIONAL FILING filed by CARES, Inc, re 65 Sealed Document. (cwl) (Entered: 09/28/2015)

Sept. 28, 2015

Sept. 28, 2015

PACER
67

ORDER, Case reopened. Signed by District Judge Henry T. Wingate on 9/28/2015 (cwl) (Entered: 09/28/2015)

Sept. 28, 2015

Sept. 28, 2015

PACER

Case Details

State / Territory: Mississippi

Case Type(s):

Mental Health (Facility)

Special Collection(s):

DOJ Civil Rights Division Statements of Interest

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 6, 2013

Closing Date: Sept. 28, 2015

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Mississippi's P&A, Disability Rights Mississippi.

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

CARES, Inc., Non-profit or advocacy

Case Details

Causes of Action:

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

Protection and Advocacy of Individual Rights (PAIR), 29 U.S.C. § 794e

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Unknown

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Content of Injunction:

Monitoring

Preliminary relief request withdrawn/mooted

Issues

General:

Juveniles

Records Disclosure

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

Mental impairment

Mental Disability:

Developmental disability without intellectual disability

Mental Illness, Unspecified

Type of Facility:

Non-government non-profit