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

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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 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.

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Summary Authors

Lauren Latterell Powell (1/8/2018)

People

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

Judge(s)

Anderson, Linda Randle (Mississippi)

Attorney for Plaintiff

Bensky, Eric A. (District of Columbia)

Burnim, Ira Abraham (District of Columbia)

Attorney for Defendant

Adkins, Arin Clark (Mississippi)

Bey, Sheryl (Mississippi)

Judge(s)

Anderson, Linda Randle (Mississippi)

Wingate, Henry Travillion (Mississippi)

Attorney 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)

Attorney for Defendant

Adkins, Arin Clark (Mississippi)

Bey, Sheryl (Mississippi)

Harris, Savaria B. (District of Columbia)

Attorney Contact Information via CourtListener

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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

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Docket

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

Last updated July 1, 2023, 3:01 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 View on PACER 2 Exhibit A Amended Cooperative Agreement View on PACER 3 Exhibit B Memo View on PACER 4 Exhibit C Preliminary Injunction Order View on PACER 5 Order View on PACER 6 Exhibit D Letter View on PACER	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 View on PACER 2 Exhibit B Correspondence of Counsel View on PACER 3 Exhibit C Orders issued by Judges Jordan and Starrett View on PACER 4 Exhibit D Defendant's Denial Letter View on PACER	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 View on PACER	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 View on PACER	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 View on PACER	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 View on PACER 2 Exhibit "2" - Agreed Order View on PACER	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 View on PACER 2 Exhibit August 23 Denial Letter View on PACER 3 Exhibit USA 8th Circuit Brief View on PACER	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 View on PACER	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 View on PACER	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
	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
	Pro Hac Vice fee paid for Jerri Katzerman receipt number 0538-2588198 $ 100 (Canter, Joseph)	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 View on PACER 2 Exhibit B - Bar Admission List View on PACER	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
	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
	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
	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
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
	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
	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
	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
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 View on PACER	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
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
	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
	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
	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
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
	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
	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
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
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
	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
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