Case: Alexander v. Senior

4:18-cv-00569 | U.S. District Court for the Northern District of Florida

Filed Date: Dec. 12, 2018

Case Ongoing

Clearinghouse coding complete

Case Summary

On December 12, 2018, six low-income older adults and adults with disabilities filed a putative class-action lawsuit in the U.S. District Court for the Northern District of Florida. The case was assigned to Judge Robert L. Hinkle. Represented by Disability Rights Florida, Southern Legal Counsel, and Justice in Aging, the plaintiffs sued the Florida Agency for Health Care Administration and the Florida Department of Elder Affairs, under the Americans with Disabilities Act (“ADA”) and the Medicai…

On December 12, 2018, six low-income older adults and adults with disabilities filed a putative class-action lawsuit in the U.S. District Court for the Northern District of Florida. The case was assigned to Judge Robert L. Hinkle. Represented by Disability Rights Florida, Southern Legal Counsel, and Justice in Aging, the plaintiffs sued the Florida Agency for Health Care Administration and the Florida Department of Elder Affairs, under the Americans with Disabilities Act (“ADA”) and the Medicaid Act.

The plaintiffs alleged that the defendants’ administration of the Medicaid long-term care system violated the civil rights of the plaintiffs by requiring them to choose between receiving needed care and remaining in their homes. Specifically, the defendants’ administrative, planning, and funding decisions heavily favored treatment in nursing facilities, perpetuating the unnecessary institutionalization and segregation of older adults and people with disabilities. The plaintiffs alleged that this violated Title II of the ADA. They sought declarative and injunctive relief.

On March 12, 2019, the plaintiffs sought to certify a class. The proposed class consisted of adult residents of Florida who were at risk of unnecessary institutionalization without home- and community-based long-term care services because they: (1) were residing, and wish to remain, at home or in a community residential setting; (2) qualified or would qualify if allowed to enroll in the Long-Term Care Waiver; and (3) had been placed on the Long-Term Care Waiver waitlist.

The plaintiffs filed an amended complaint on June 3, 2019, adding four new plaintiffs. On October 11, 2019, the defendants sought partial summary judgment as to the plaintiff's claim that "despite the specific permission that federal law confers on Florida to limit the capacity of its program, the limits on enrollment in the long-term managed care program violate the general prohibition against discrimination in Title II of the Americans with Disabilities Act."

The court denied class certification on October 27, 2019, citing a conflict among proposed class members and stating that the plaintiffs had failed to sufficiently establish the numerosity requirement for class certification. 2019 WL 5677948. This led the defendants to file a second motion for partial summary judgment on February 6, 2020, asserting that the plaintiffs could recover only individual relief, not classwide relief. Following this motion, the plaintiffs filed a second motion for class certification on February 10, 2020, modifying the proposed class to eliminate conflicts among proposed class members. In addition, the defendants filed a motion to dismiss for lack of jurisdiction, as to one plaintiff, on February 20, 2020.

On March 31, 2020, the court issued a series of rulings on the motions. First, the court granted the defendants' motion for partial summary judgment, stating that although “the ADA requires a state to provide reasonable accommodations for disabilities...the ADA does not require such an accommodation if it would fundamentally alter a state's programs.” An injunction requiring the state to serve additional individuals through the waiver—to obtain an increase in or to exceed the cap—would fundamentally alter the state's program. 2020 WL 1547880. Second, the court denied the plaintiff’s second motion to certify a class, finding that the motion was untimely and failed to adequately meet the prerequisites of class certification. 2020 WL 1545739. Third, the court granted in part the defendant’s second motion for summary judgment. As the court denied the plaintiff’s second motion to certify class, the court dismissed any claims for relief on behalf of individuals who were not named plaintiffs. 2020 WL 1545738.

On May 11, 2020, the parties notified the court that they had reached a settlement in principle and would file dismissal documents in 30 days. The next day, the court dismissed all claims and reserved jurisdiction to enforce the order to comply with the settlement agreement. As of June 10, 2020, the settlement agreement has not been posted publicly. But as the enforcement of the settlement agreement is ongoing, this case remains open.

Summary Authors

Michael Beech (2/3/2019)

Bogyung Lim (6/10/2020)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/31614111/parties/alexander-v-senior/


Judge(s)

Frank, Michael J. (Florida)

Hinkle, Robert Lewis (Florida)

Attorneys(s) for Plaintiff

Bailey, Regan Monica (Maryland)

Carlson, Eric (California)

Dunn, Chelsea L. (Florida)

Gomez-Rodon, Ashley L. (Florida)

Harley, Jennifer Thompson (Florida)

Heystek, Amanda E (Florida)

Heystek [inactive], Amanda E. (Florida)

Lewitz, Matthew Evan (California)

Judge(s)

Frank, Michael J. (Florida)

Hinkle, Robert Lewis (Florida)

Attorneys(s) for Plaintiff

Bailey, Regan Monica (Maryland)

Carlson, Eric (California)

Dunn, Chelsea L. (Florida)

Gomez-Rodon, Ashley L. (Florida)

Harley, Jennifer Thompson (Florida)

Heystek, Amanda E (Florida)

Heystek [inactive], Amanda E. (Florida)

Lewitz, Matthew Evan (California)

Reichenberg, David (New York)

Siegel, Jodi (Florida)

Siegel-McLaughlin, Rachel Louise (Florida)

Sullivan, John J. (New York)

Wong, Carol A (District of Columbia)

Wright, Nancy E. (Florida)

Attorneys(s) for Defendant

Bardos, Andy V. (Florida)

Grow, Stefan R. (Florida)

Lukis, Ashley Hoffman (Florida)

Moore, James Timothy Jr. (Florida)

Sheeran, Andrew T (Florida)

Tritschler, Richard (Florida)

Other Attorney(s)

Fox, Deena (District of Columbia)

Documents in the Clearinghouse

Document

4:18-cv-00569

Docket

May 13, 2020

May 13, 2020

Docket
2

4:18-cv-00569

Complaint

Dec. 12, 2018

Dec. 12, 2018

Complaint
80

4:18-cv-00569

Order Denying Class Certification

Alexander v. Mayhew

Oct. 27, 2019

Oct. 27, 2019

Order/Opinion
131

4:18-cv-00569

Order Granting the Defendants' Second Summary-Judgment Motion in Part

Alexander v. Mayhew

March 31, 2020

March 31, 2020

Order/Opinion
132

4:18-cv-00569

Order Denying the Second Motion to Certify a Class

Alexander v. Mayhew

March 31, 2020

March 31, 2020

Order/Opinion
130

4:18-cv-00569

Order Granting the Defendants' First Motion for Partial Summary Judgment

Alexander v. Mayhew

March 31, 2020

March 31, 2020

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/31614111/alexander-v-senior/

Last updated Aug. 21, 2022, 3 a.m.

ECF Number Description Date Link Date / Link
1

CIVIL COVER SHEET. (HEYSTEK, AMANDA) (Entered: 12/12/2018)

Dec. 12, 2018

Dec. 12, 2018

PACER
2

COMPLAINT against JEFFREY BRAGG, JUSTIN SENIOR, filed by GERALDINE DAVENPORT, JEFFERSON LANGLAISE, BENJAMIN ALEXANDER, RAIMUNDO LEAL, GEORGE COLLIER, CELIA LOPEZ. (Attachments: # 1 SUMMONS, # 2 SUMMONS) (HEYSTEK, AMANDA) (Entered: 12/12/2018)

Dec. 12, 2018

Dec. 12, 2018

Clearinghouse
3

NOTICE OF PRIOR SIMILAR CASES by BENJAMIN ALEXANDER, GEORGE COLLIER, GERALDINE DAVENPORT, JEFFERSON LANGLAISE, RAIMUNDO LEAL, CELIA LOPEZ (HEYSTEK, AMANDA) (Entered: 12/12/2018)

Dec. 12, 2018

Dec. 12, 2018

PACER
4

Filing Fee: $ 400.00, receipt number FLN400035641. Fee status updated to paid. (cle) (Entered: 12/12/2018)

Dec. 12, 2018

Dec. 12, 2018

PACER
5

Summons Issued as to JUSTIN SENIOR. (cle) (Entered: 12/13/2018)

Dec. 13, 2018

Dec. 13, 2018

PACER
6

Summons Issued as to JEFFREY BRAGG. (cle) (Entered: 12/13/2018)

Dec. 13, 2018

Dec. 13, 2018

PACER
7

MOTION to Appear Pro Hac Vice by Carol A. Wong.( Filing fee $ 201 receipt number AFLNDC-4357102.) by BENJAMIN ALEXANDER, GEORGE COLLIER, GERALDINE DAVENPORT, JEFFERSON LANGLAISE, RAIMUNDO LEAL, CELIA LOPEZ. (Attachments: # 1 Exhibit Certificate of Good Standing) (WONG, CAROL) (Entered: 12/13/2018)

Dec. 13, 2018

Dec. 13, 2018

PACER
8

MOTION to Appear Pro Hac Vice by Regan Bailey.( Filing fee $ 201 receipt number AFLNDC-4358723.) by BENJAMIN ALEXANDER. (Attachments: # 1 Exhibit certificate of good standing) (BAILEY, REGAN) (Entered: 12/14/2018)

Dec. 14, 2018

Dec. 14, 2018

PACER

ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MICHEAL J. FRANK notified that action is needed re: 8 MOTION to Appear Pro Hac Vice. Referred to MICHAEL J FRANK. (cle)

Dec. 17, 2018

Dec. 17, 2018

PACER

ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MICHAEL J FRANK notified that action is needed re: 7 MOTION to Appear Pro Hac Vice. Referred to MICHAEL J FRANK. (cle)

Dec. 17, 2018

Dec. 17, 2018

PACER
9

ORDER re 8 is GRANTED. Attorney Regan Bailey is ADMITTED to practice pro hac vice to represent the Plaintiffs in this action pursuant to Local Rule 11.1(c). Attorney Regan Bailey must, upon receipt of the Certificate of Good standing from the Bar of the District of Columbia, e-file the certificate with the clerk of the court. Signed by MAGISTRATE JUDGE MICHAEL J FRANK on 12/18/18. (mlp) Certificate of Good Standing filed ECF No. 11 . Modified on 12/19/2018 (jcw). (Entered: 12/18/2018)

Dec. 18, 2018

Dec. 18, 2018

PACER
10

ORDER granting 7 Motion to Appear Pro Hac Vice. Attorney Carol A. Wong is ADMITTED pro hac vice to represent the Plaintiffs in this action pursuant to Local Rule 11.1(c). Signed by MAGISTRATE JUDGE MICHAEL J FRANK on 12/18/2018. (jcw) (Entered: 12/18/2018)

Dec. 18, 2018

Dec. 18, 2018

PACER
11

AMENDED DOCUMENT by BENJAMIN ALEXANDER, GEORGE COLLIER, GERALDINE DAVENPORT, JEFFERSON LANGLAISE, RAIMUNDO LEAL, CELIA LOPEZ. Amendment to 9 Order, Certificate of Good Standing (BAILEY, REGAN) (Entered: 12/18/2018)

Dec. 18, 2018

Dec. 18, 2018

PACER

**Duplicate - ORDER granting 8 Motion to Appear Pro Hac Vice. Signed by MAGISTRATE JUDGE MICHAEL J FRANK on 12/18/2018. (erl)

Dec. 18, 2018

Dec. 18, 2018

PACER
12

MOTION to Appear Pro Hac Vice by Eric M. Carlson.( Filing fee $ 201 receipt number AFLNDC-4361955.) by BENJAMIN ALEXANDER, GEORGE COLLIER, GERALDINE DAVENPORT, JEFFERSON LANGLAISE, RAIMUNDO LEAL, CELIA LOPEZ. (Attachments: # 1 Exhibit certificate of standing from CA State Bar) (CARLSON, ERIC) (Entered: 12/19/2018)

Dec. 19, 2018

Dec. 19, 2018

PACER

ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MICHAEL J FRANK notified that action is needed re: 12 MOTION to Appear Pro Hac Vice. Referred to MICHAEL J FRANK. (cle)

Dec. 20, 2018

Dec. 20, 2018

PACER
13

ORDER granting 12 Motion to Appear Pro Hac Vice. Signed by MAGISTRATE JUDGE MICHAEL J FRANK on 12/20/2018. (Appointed ERIC MATTHEW CARLSON for BENJAMIN ALEXANDER, GEORGE COLLIER, GERALDINE DAVENPORT, JEFFERSON LANGLAISE, RAIMUNDO LEAL, CELIA LOPEZ) (jcw) (Entered: 12/20/2018)

Dec. 20, 2018

Dec. 20, 2018

PACER
14

SUMMONS Returned Executed by BENJAMIN ALEXANDER. All Defendants. (Attachments: # 1 Affidavit Return of Service (Senior), # 2 Affidavit Return of Service (Bragg)) (HEYSTEK, AMANDA) (Entered: 12/21/2018)

Dec. 21, 2018

Dec. 21, 2018

PACER
15

MOTION for Extension of Time to File Answer by JEFFREY BRAGG, JUSTIN SENIOR. (SHEERAN, ANDREW) (Entered: 01/03/2019)

Jan. 3, 2019

Jan. 3, 2019

PACER
16

ANSWER to 2 Complaint by JEFFREY BRAGG, JUSTIN SENIOR. (SHEERAN, ANDREW) (Entered: 01/10/2019)

Jan. 10, 2019

Jan. 10, 2019

PACER

ACTION NO LONGER REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MICHAEL J FRANK notified that action is needed re: 16 Answer to Complaint. (cle)

Jan. 11, 2019

Jan. 11, 2019

PACER
17

NOTICE of Appearance by STEFAN ROBERT GROW on behalf of JUSTIN SENIOR (GROW, STEFAN) (Entered: 01/11/2019)

Jan. 11, 2019

Jan. 11, 2019

PACER
18

MOTION to Appear Pro Hac Vice by David Reichenberg.( Filing fee $ 201 receipt number AFLNDC-4377690.) by BENJAMIN ALEXANDER, GEORGE COLLIER, GERALDINE DAVENPORT, JEFFERSON LANGLAISE, RAIMUNDO LEAL, CELIA LOPEZ. (Attachments: # 1 Exhibit Certificate of Good Standing) (GOMEZ-RODON, ASHLEY) (Entered: 01/15/2019)

Jan. 15, 2019

Jan. 15, 2019

PACER
19

MOTION to Appear Pro Hac Vice by John Sullivan.( Filing fee $ 201 receipt number AFLNDC-4377989.) by BENJAMIN ALEXANDER, GEORGE COLLIER, GERALDINE DAVENPORT, JEFFERSON LANGLAISE, RAIMUNDO LEAL, CELIA LOPEZ. (Attachments: # 1 Exhibit Certificate of Good Standing) (GOMEZ-RODON, ASHLEY) (Entered: 01/15/2019)

Jan. 15, 2019

Jan. 15, 2019

PACER

ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MICHAEL J FRANK notified that action is needed Re: 18 MOTION to Appear Pro Hac Vice by David Reichenberg, 19 MOTION to Appear Pro Hac Vice by John Sullivan. Referred to MICHAEL J FRANK. (jcw)

Jan. 15, 2019

Jan. 15, 2019

PACER
20

ORDER granting 19 Motion to Appear Pro Hac Vice. Attorney John J. Sullivan is admitted pro hac vice to represent thePlaintiffs pursuant to Local Rule 11.1(c). Signed by MAGISTRATE JUDGE MICHAEL J FRANK on 1/16/2019. (JOHN JOSEPH SULLIVAN added for BENJAMIN ALEXANDER, GEORGE COLLIER, GERALDINE DAVENPORT, JEFFERSON LANGLAISE, RAIMUNDO LEAL, CELIA LOPEZ) (jcw) (Entered: 01/16/2019)

Jan. 16, 2019

Jan. 16, 2019

PACER
21

ORDER re 18 is GRANTED. Attorney David Reichenberg is admitted pro hac vice to represent the Plaintiffs pursuant to Local Rule 11.1(c). Signed by MAGISTRATE JUDGE MICHAEL J FRANK on 1/16/19. (mlp) (Entered: 01/16/2019)

Jan. 16, 2019

Jan. 16, 2019

PACER
22

ORDER EXTENDING THE DEADLINE TO RESPOND TO THE COMPLAINT. The defendants' unopposed motion, ECF No. 15, to extend the deadline to respond to the complaint is granted. The deadline is extended to 2/7/2019. Signed by JUDGE ROBERT L HINKLE on 1/17/2019. (kjw) (Entered: 01/18/2019)

Jan. 17, 2019

Jan. 17, 2019

PACER
23

NOTICE of Appearance by ANDY V BARDOS on behalf of All Defendants (BARDOS, ANDY) (Entered: 01/30/2019)

Jan. 30, 2019

Jan. 30, 2019

PACER
24

NOTICE of Appearance by JAMES TIMOTHY MOORE, JR on behalf of All Defendants (MOORE, JAMES) (Entered: 01/30/2019)

Jan. 30, 2019

Jan. 30, 2019

PACER
25

NOTICE of Appearance by CHELSEA LEE DUNN on behalf of All Plaintiffs (DUNN, CHELSEA) (Entered: 02/01/2019)

Feb. 1, 2019

Feb. 1, 2019

PACER

ACTION NO LONGER REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE ROBERT L HINKLE notified that action is needed re: 22 ORDER EXTENDING THE DEADLINE TO RESPOND TO THE COMPLAINT. The Answer was filed on 1/10/2019 - Doc. 16 . (cle)

Feb. 12, 2019

Feb. 12, 2019

PACER
26

REPORT of Rule 26(f) Planning Meeting. (SIEGEL, JODI) (Entered: 02/14/2019)

Feb. 14, 2019

Feb. 14, 2019

PACER
27

SCHEDULING AND MEDIATION ORDER - re: 26 Report of Rule 26(f) Planning Meeting. FACT Discovery due by 11/15/2019. EXPERT Discovery Deadline set for 4/15/2020. Dispositive Motions to be filed by 5/13/2020. Jury Trial set for 9/21/2020 at 8:15 AM in U.S. Courthouse Tallahassee before JUDGE ROBERT L HINKLE. Case referred to mediation. Mediation Report due by 12/13/2019. Signed by JUDGE ROBERT L HINKLE on 2/19/2019. (cle) (Entered: 02/20/2019)

Feb. 19, 2019

Feb. 19, 2019

PACER
28

MOTION to Certify Class by BENJAMIN ALEXANDER, GEORGE COLLIER, GERALDINE DAVENPORT, JEFFERSON LANGLAISE, RAIMUNDO LEAL, CELIA LOPEZ. (Internal deadline for referral to judge if response not filed earlier: 3/26/2019). (Attachments: # 1 Exhibit Waitlist, # 2 Exhibit Long Order Certifying Class, # 3 Exhibit Declaration Kaye, # 4 Exhibit Declaration Willink, # 5 Exhibit Declaration Russo, # 6 Exhibit Declaration Alexander, # 7 Exhibit Declaration Collier, # 8 Exhibit Declaration Roti, # 9 Exhibit Declaration Langlaise, # 10 Exhibit Declaration Cordner, # 11 Exhibit Declaration Bell, # 12 Exhibit Declaration Hemness, # 13 Exhibit Declaration Krooks) (SIEGEL, JODI) (Entered: 03/12/2019)

March 12, 2019

March 12, 2019

PACER
29

MOTION for Extension of Time to File Response/Reply as to 28 MOTION to Certify Class by JEFFREY BRAGG, JUSTIN SENIOR. (BARDOS, ANDY) (Entered: 03/15/2019)

March 15, 2019

March 15, 2019

PACER
30

NOTICE of Appearance by JENNIFER THOMPSON HARLEY on behalf of All Plaintiffs (HARLEY, JENNIFER) (Entered: 03/18/2019)

March 18, 2019

March 18, 2019

PACER
31

STIPULATION of Dismissal by BENJAMIN ALEXANDER, GEORGE COLLIER, GERALDINE DAVENPORT, JEFFERSON LANGLAISE, RAIMUNDO LEAL, CELIA LOPEZ. (SIEGEL, JODI) (Entered: 03/18/2019)

March 18, 2019

March 18, 2019

PACER
32

ORDER EXTENDING THE DEADLINE TO RESPOND TO THE CLASS-CERTIFICATION MOTION - Defendants' unopposed motion, ECF No. 29, to extend the deadline to respond to the class-certification motion is granted. The deadline is extended to 5/12/2019. Signed by JUDGE ROBERT L HINKLE on 3/18/2019. (cle) (Entered: 03/19/2019)

March 18, 2019

March 18, 2019

PACER
34

ORDER DISMISSING THE CLAIMS OF PLAINTIFFS LEAL AND LOPEZ - The parties have stipulated to the dismissal without prejudice of the claims of two plaintiffs. ECF No. 31 . The claims of other plaintiffs remain pending. The clerk must enter judgment stating, "Based on Federal Rules of Civil Procedure 41(a)(1) and 54(b), the claims of the plaintiffs Raimundo Leal and Celia Lopez are dismissed without prejudice." Signed by JUDGE ROBERT L HINKLE on 3/19/2019. (cle) (Entered: 03/20/2019)

March 19, 2019

March 19, 2019

PACER
33

Joint MOTION for Entry of Rule 502(d) Order by JEFFREY BRAGG, JUSTIN SENIOR. (Attachments: # 1 Text of Proposed Order) (BARDOS, ANDY) (Entered: 03/20/2019)

March 20, 2019

March 20, 2019

PACER
35

CLERK'S JUDGMENT - re: 34 ORDER DISMISSING THE CLAIMS OF PLAINTIFFS LEAL AND LOPEZ. (cle) (Entered: 03/20/2019)

March 20, 2019

March 20, 2019

PACER
36

ORDER ON DISCLOSURE OF PRIVILEGED INFORMATION. The joint motion for an Order under Federal Rule of Evidence Rule 502(d) is granted. See ECF No. 33 . Signed by JUDGE ROBERT L HINKLE on 3/22/2019. (kjw) (Entered: 03/22/2019)

March 22, 2019

March 22, 2019

PACER
37

MOTION for Extension of Time to File Response/Reply as to 28 MOTION to Certify Class by MARY MAYHEW, RICHARD PRUDOM. (BARDOS, ANDY) (Entered: 04/05/2019)

April 5, 2019

April 5, 2019

PACER
38

ORDER EXTENDING THE DEADLINE TO RESPOND TO THE CLASS-CERTIFICATION MOTION - The defendants' unopposed motion, ECF No. 37, to extend the deadline to respond to the class-certification motion is granted. The deadline is extended to 5/31/2019. Signed by JUDGE ROBERT L HINKLE on 4/9/2019. (cle) (Entered: 04/10/2019)

April 9, 2019

April 9, 2019

PACER
39

NOTICE of Appearance by ASHLEY HOFFMAN LUKIS on behalf of All Defendants (LUKIS, ASHLEY) (Entered: 05/14/2019)

May 14, 2019

May 14, 2019

PACER
40

NOTICE of intent not to rely on two declarations by BENJAMIN ALEXANDER, GEORGE COLLIER, GERALDINE DAVENPORT, JEFFERSON LANGLAISE re 28 MOTION to Certify Class (SIEGEL, JODI) (Entered: 05/24/2019)

May 24, 2019

May 24, 2019

PACER
41

RESPONSE in Opposition re 28 MOTION to Certify Class filed by MARY MAYHEW, RICHARD PRUDOM. (Attachments: # 1 Exhibit A - Russo Deposition, # 2 Exhibit B - Alexander Interrogatory Answers, # 3 Exhibit C - Collier Interrogatory Answers, # 4 Exhibit D - Langlaise Interrogatory Answers, # 5 Exhibit E - Davenport Interrogatory Answers, # 6 Exhibit F - McGrath Declaration, # 7 Exhibit G - Willink Deposition, # 8 Exhibit H - Kaye Deposition, # 9 Exhibit I - Vergeson Declaration) (BARDOS, ANDY) (Entered: 05/31/2019)

May 31, 2019

May 31, 2019

PACER
42

MOTION to Amend/Correct 2 Complaint by BENJAMIN ALEXANDER, GEORGE COLLIER, GERALDINE DAVENPORT, JEFFERSON LANGLAISE. (SIEGEL, JODI) (Entered: 06/03/2019)

June 3, 2019

June 3, 2019

PACER
43

FIRST AMENDED COMPLAINT against JEFFREY BRAGG, MARY MAYHEW, filed by GERALDINE DAVENPORT, GEORGE COLLIER, BENJAMIN ALEXANDER, JEFFERSON LANGLAISE. (SIEGEL, JODI) (Entered: 06/03/2019)

June 3, 2019

June 3, 2019

PACER
44

Consent MOTION to Strike Declarations of Rebecca C. Bell (ECF No. 28-11) and Emma Hemness (ECF No. 28-12) by MARY MAYHEW, RICHARD PRUDOM. (Internal deadline for referral to judge if response not filed earlier: 6/18/2019). (BARDOS, ANDY) (Entered: 06/04/2019)

June 4, 2019

June 4, 2019

PACER
45

MOTION to Strike Portions of the Declarations of Natalie Russo (ECF No. 28-5) and Stephen Kaye (ECF No. 28-3) by MARY MAYHEW, RICHARD PRUDOM. (Internal deadline for referral to judge if response not filed earlier: 6/18/2019). (Attachments: # 1 Exhibit A, # 2 Exhibit B) (BARDOS, ANDY) (Entered: 06/04/2019)

June 4, 2019

June 4, 2019

PACER
46

Joint MOTION for Protective Order by BENJAMIN ALEXANDER. (Attachments: # 1 Proposed Qualified Protective Order Governing Confidential Information) (HEYSTEK, AMANDA) (Entered: 06/06/2019)

June 6, 2019

June 6, 2019

PACER
47

MOTION to Strike Declaration of Howard S. Krooks (ECF No. 28-13) by MARY MAYHEW, RICHARD PRUDOM. (Internal deadline for referral to judge if response not filed earlier: 6/20/2019). (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C) (BARDOS, ANDY) (Entered: 06/06/2019)

June 6, 2019

June 6, 2019

PACER
48

MOTION for Leave to File re 28 MOTION to Certify Class Reply by BENJAMIN ALEXANDER, GEORGE COLLIER, GERALDINE DAVENPORT, JEFFERSON LANGLAISE. (SIEGEL, JODI) (Entered: 06/07/2019)

June 7, 2019

June 7, 2019

PACER
49

MOTION for Leave to File re 28 MOTION to Certify Class Amended by BENJAMIN ALEXANDER, GEORGE COLLIER, GERALDINE DAVENPORT, JEFFERSON LANGLAISE. (SIEGEL, JODI) (Entered: 06/07/2019)

June 7, 2019

June 7, 2019

PACER
50

QUALIFIED PROTECTIVE ORDER GOVERNING CONFIDENTIAL INFORMATION. Signed by JUDGE ROBERT L HINKLE on 6/12/2019. (cle) (Entered: 06/12/2019)

June 12, 2019

June 12, 2019

PACER
51

RESPONSE to Motion re 48 MOTION for Leave to File re 28 MOTION to Certify Class Reply filed by MARY MAYHEW, RICHARD PRUDOM. (BARDOS, ANDY) (Entered: 06/12/2019)

June 12, 2019

June 12, 2019

PACER
52

ORDER STRIKING THE BELL AND HEMNESS DECLARATIONS - The defendants' unopposed motion to strike, ECF No. 44, is granted. The declarations of Rebecca C. Bell and Emma Hemness, ECF Nos. 28 -11 and 28 -12, are struck. Signed by JUDGE ROBERT L HINKLE on 6/12/2019. (cle) (Entered: 06/13/2019)

June 12, 2019

June 12, 2019

PACER
53

ORDER DENYING THE MOTION TO STRIKE THE RUSSO AND KAYE DECLARATIONS - Defendants' motion, ECF No. 45, to strike portions of the Russo and Kaye declarations is denied. Signed by JUDGE ROBERT L HINKLE on 6/12/2019. (cle) (Entered: 06/13/2019)

June 12, 2019

June 12, 2019

PACER
54

Consent MOTION to Substitute Attorney by RICHARD PRUDOM. (BARDOS, ANDY) (Entered: 06/15/2019)

June 15, 2019

June 15, 2019

PACER
55

RESPONSE to Motion re 42 MOTION to Amend/Correct 2 Complaint filed by MARY MAYHEW, RICHARD PRUDOM. (BARDOS, ANDY) (Entered: 06/17/2019)

June 17, 2019

June 17, 2019

PACER
56

ORDER SUBSTITUTING ATTORNEYS - Motion to substitute attorneys, ECF No. 54, is granted. Francis A. Carbone II is granted leave to withdraw, effective immediately. The appearance of Richard D. Tritschler is noted. Added attorney RICHARD TRITSCHLER for RICHARD PRUDOM. Signed by JUDGE ROBERT L HINKLE on 6/17/2019. (cle) (Entered: 06/18/2019)

June 17, 2019

June 17, 2019

PACER
57

RESPONSE in Opposition re 47 MOTION to Strike Declaration of Howard S. Krooks (ECF No. 28-13) filed by BENJAMIN ALEXANDER, GEORGE COLLIER, GERALDINE DAVENPORT, JEFFERSON LANGLAISE. (Attachments: # 1 Exhibit, # 2 Exhibit) (SIEGEL, JODI) (Entered: 06/20/2019)

June 20, 2019

June 20, 2019

PACER
58

ORDER GRANTING LEAVE TO FILE THE FIRST AMENDED COMPLAINT - Plaintiffs' motion, ECF No. 42, for leave to file the first amended complaint is granted. The first amended complaint, ECF No. 43, is deemed filed as of June 20, 2019. Signed by JUDGE ROBERT L HINKLE on 6/20/2019. (cle) (Entered: 06/21/2019)

June 20, 2019

June 20, 2019

PACER
59

RESPONSE to Motion re 49 MOTION for Leave to File re 28 MOTION to Certify Class Amended filed by MARY MAYHEW, RICHARD PRUDOM. (BARDOS, ANDY) (Entered: 06/21/2019)

June 21, 2019

June 21, 2019

PACER
60

ORDER ON CLASS-CERTIFICATION PROCEDURES - The plaintiffs' motion, ECF No. 49, for leave to file an amended class-certification motion is granted in part. The plaintiffs may file by July 17, 2019 a supplemental memorandum in support of their original class-certification motion, ECF No. 28 . The plaintiffs' motion, ECF No. 48, for leave to file a reply memorandum is denied. The defendants may file a supplemental memorandum in opposition to class certification. The deadline is 14 days after the plaintiffs' supplemental memorandum is filed. Signed by JUDGE ROBERT L HINKLE on 6/27/2019. (cle) (Entered: 06/28/2019)

June 27, 2019

June 27, 2019

PACER
61

ORDER DENYING THE MOTION TO STRIKE THE KROOKS DECLARATION - denying 47 Motion to Strike Declaration of Howard S. Krooks. The defendants' motion, ECF No. 47, to strike the Krooks declaration is denied. Signed by JUDGE ROBERT L HINKLE on 6/27/2019. (cle) (Entered: 06/28/2019)

June 27, 2019

June 27, 2019

PACER
62

ANSWER to 43 Amended Complaint by MARY MAYHEW, RICHARD PRUDOM. (BARDOS, ANDY) (Entered: 07/11/2019)

July 11, 2019

July 11, 2019

PACER
63

MEMORANDUM in Support re 28 MOTION to Certify Class filed by BENJAMIN ALEXANDER, GEORGE COLLIER, GERALDINE DAVENPORT, JEFFERSON LANGLAISE. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit) (SIEGEL, JODI) (Entered: 07/17/2019)

July 17, 2019

July 17, 2019

PACER
64

MEMORANDUM in Opposition re 28 MOTION to Certify Class by MARY MAYHEW, RICHARD PRUDOM. (Attachments: # 1 Exhibit A) (BARDOS, ANDY) (Entered: 07/31/2019)

July 31, 2019

July 31, 2019

PACER
65

STIPULATION of Dismissal of Plaintiff George Collier by BENJAMIN ALEXANDER. (HEYSTEK, AMANDA) (Entered: 08/23/2019)

Aug. 23, 2019

Aug. 23, 2019

PACER
66

ORDER.Based on the parties' stipulation, ECF No. 65, the claims of the plaintiff George Collier are dismissed without prejudice. I do not direct the entry of judgment under Federal Rule of Civil Procedure 54(b).Signed by JUDGE ROBERT L HINKLE on 08/27/2019. (rcb) (Entered: 08/27/2019)

Aug. 27, 2019

Aug. 27, 2019

PACER
67

MOTION to Withdraw as Attorney for Amanda Heystek by BENJAMIN ALEXANDER, GERALDINE DAVENPORT, JEFFERSON LANGLAISE. (HEYSTEK, AMANDA) (Entered: 09/06/2019)

Sept. 6, 2019

Sept. 6, 2019

PACER
68

ORDER GRANTING LEAVE TO WITHDRAW - HEYSTEK - Attorney AMANDA ERIN HEYSTEK's motion for leave to withdraw, ECF No. 67, is granted, effective immediately. Signed by JUDGE ROBERT L HINKLE on 9/9/2019. (cle) (Entered: 09/09/2019)

Sept. 9, 2019

Sept. 9, 2019

PACER
69

NOTICE of Appearance by RACHEL LOUISE SIEGEL-MCLAUGHLIN on behalf of All Plaintiffs (SIEGEL-MCLAUGHLIN, RACHEL) (Entered: 09/19/2019)

Sept. 19, 2019

Sept. 19, 2019

PACER
70

MOTION to Compel Amended Interrogatory Answers by MARY MAYHEW, RICHARD PRUDOM. (Attachments: # 1 Exhibit A - Alexanders Answers to First Set of Interrogatories, # 2 Exhibit B - Davenports Answers to First Set of Interrogatories, # 3 Exhibit C - Langlaises Answers to First Set of Interrogatories, # 4 Exhibit D - Deeters Answers to First Set of Interrogatories, # 5 Exhibit E - Hayres Answers to First Set of Interrogatories, # 6 Exhibit F - Schneiders Answers to First Set of Interrogatories, # 7 Exhibit G - Wrights Answers to First Set of Interrogatories, # 8 Exhibit H - Alexanders Answers to Third Set of Interrogatories, # 9 Exhibit I - Davenports Answers to Third Set of Interrogatories, # 10 Exhibit J - Langlaises Answers to Third Set of Interrogatories, # 11 Exhibit K - Deeters Answers to Second Set of Interrogatories, # 12 Exhibit L - Hayres Answers to Second Set of Interrogatories, # 13 Exhibit M - Schneiders Answers to Second Set of Interrogatories, # 14 Exhibit N - Wrights Answers to Second Set of Interrogatories, # 15 Exhibit O - Correspondence (September 6, 2019), # 16 Exhibit P - Correspondence (September 17, 2019), # 17 Exhibit Q - Correspondence (September 22, 2019)) (BARDOS, ANDY) (Entered: 10/02/2019)

Oct. 2, 2019

Oct. 2, 2019

PACER
71

Joint MOTION to Extend Time re Depositions by MARY MAYHEW, RICHARD PRUDOM. (BARDOS, ANDY) (Entered: 10/04/2019)

Oct. 4, 2019

Oct. 4, 2019

PACER
72

MOTION for Summary Judgment by MARY MAYHEW, RICHARD PRUDOM. (Internal deadline for referral to judge if response to summary judgment not filed earlier: 11/1/2019). (Attachments: # 1 Exhibit A) (BARDOS, ANDY) (Entered: 10/11/2019)

Oct. 11, 2019

Oct. 11, 2019

PACER
73

DOCKET ANNOTATION BY COURT: re: 72 MOTION for Summary Judgment. TO ALL COUNSEL: Counsel is advised that for all future pleadings, for this case and any future cases assigned to Judge Hinkle, any exhibit attached to a document filing should be properly identified. (Example: Deposition of John Doe rather than Exhibit A.) (cle) (Entered: 10/15/2019)

Oct. 15, 2019

Oct. 15, 2019

PACER
74

RESPONSE in Opposition re 70 MOTION to Compel Amended Interrogatory Answers filed by BENJAMIN ALEXANDER, GERALDINE DAVENPORT, JEFFERSON LANGLAISE. (Attachments: # 1 Exhibit Def AHCA's Response to Interrogatories, # 2 Exhibit Defs' Response to Request for Production) (SIEGEL, JODI) (Entered: 10/15/2019)

Oct. 15, 2019

Oct. 15, 2019

PACER
75

MOTION for Extension of Time to File Response/Reply as to 72 MOTION for Summary Judgment by BENJAMIN ALEXANDER, GERALDINE DAVENPORT, JEFFERSON LANGLAISE. (SIEGEL, JODI) (Entered: 10/21/2019)

Oct. 21, 2019

Oct. 21, 2019

PACER
76

ORDER EXTENDING DEPOSITION DEADLINES - The parties' motion to extend the deadlines for noticing and conducting depositions, ECF No. 71, is granted in part. Signed by JUDGE ROBERT L HINKLE on 10/21/2019. (cle) (Entered: 10/22/2019)

Oct. 21, 2019

Oct. 21, 2019

PACER
77

Amended MOTION for Extension of Time to File Response/Reply as to 72 MOTION for Summary Judgment by BENJAMIN ALEXANDER, GERALDINE DAVENPORT, JEFFERSON LANGLAISE. (HEYSTEK, AMANDA) (Entered: 10/22/2019)

Oct. 22, 2019

Oct. 22, 2019

PACER
78

PLAINTIFFS' SECOND AMENDED UNOPPOSED MOTION for Extension of Time to File Response to 72 MOTION for Summary Judgment filed by BENJAMIN ALEXANDER, GERALDINE DAVENPORT, JEFFERSON LANGLAISE. (HARLEY, JENNIFER) ** Modified on 10/22/2019 to amend title of document. (cle) (Entered: 10/22/2019)

Oct. 22, 2019

Oct. 22, 2019

PACER
79

ORDER EXTENDING SUMMARY-JUDGMENT DEADLINES - Plaintiffs' unopposed motion, see ECF Nos. 75, 77, and 78, to extend the deadline to respond to the summary-judgment motion is granted. The deadline is extended to 11/26/2019. The deadline for a reply memorandum is extended to 12/10/2019. Signed by JUDGE ROBERT L HINKLE on 10/22/2019. (cle) (Entered: 10/22/2019)

Oct. 22, 2019

Oct. 22, 2019

PACER
80

ORDER DENYING CLASS CERTIFICATION - The class-certification motion, ECF No. 28, is denied. Signed by JUDGE ROBERT L HINKLE on 10/27/2019. (cle) (Entered: 10/29/2019)

Oct. 27, 2019

Oct. 27, 2019

Clearinghouse
81

ORDER COMPELLING COMPLETE INTERROGATORY ANSWERS - The motion to compel, ECF No. 70, is granted in part. The plaintiffs' objections to the defendants' interrogatories 4 and 7 are overruled. By November 12, 2019, the plaintiffs must serve complete answers to the defendants' interrogatories 4 (from the first set of interrogatories) and 3, 6, 7, 8, and 9 (from the second and third sets of interrogatories). Signed by JUDGE ROBERT L HINKLE on 10/28/2019. (cle) (Entered: 10/29/2019)

Oct. 28, 2019

Oct. 28, 2019

PACER
82

NOTICE of Next Friend for Plaintiff Langlaise by JEFFERSON LANGLAISE (HARLEY, JENNIFER) (Entered: 11/20/2019)

Nov. 20, 2019

Nov. 20, 2019

PACER
83

RESPONSE in Opposition re 72 MOTION for Summary Judgment filed by BENJAMIN ALEXANDER, GERALDINE DAVENPORT, JEFFERSON LANGLAISE. (Attachments: # 1 Exhibit DOEA Depo Excerpt, # 2 Exhibit Plaintiffs' Resp. to Interrogatories, # 3 Exhibit Smith Depo Excerpt, # 4 Exhibit Harris Depo Excerpt, # 5 Exhibit CMS Letter to AHCA) (SIEGEL, JODI) (Entered: 11/26/2019)

Nov. 26, 2019

Nov. 26, 2019

PACER
84

MOTION to Appear Pro Hac Vice by Matthew E. Lewitz.( Filing fee $ 201 receipt number AFLNDC-4720278.) by BENJAMIN ALEXANDER. (Attachments: # 1 Exhibit Certificate of Standing of Matthew E. Lewitz) (LEWITZ, MATTHEW) (Entered: 11/27/2019)

Nov. 27, 2019

Nov. 27, 2019

PACER

ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MICHAEL J FRANK notified that action is needed re: 84 MOTION to Appear Pro Hac Vice by Matthew E. Lewitz. Referred to MICHAEL J FRANK. (cle)

Nov. 27, 2019

Nov. 27, 2019

PACER
85

ORDER - GRANTING 84 Motion to Appear Pro Hac Vice. Attorney MATTHEW E LEWITZ is admitted pro hac vice to represent the Plaintiffs. Signed by MAGISTRATE JUDGE MICHAEL J FRANK on 11/27/2019. (erl) (Entered: 11/27/2019)

Nov. 27, 2019

Nov. 27, 2019

PACER
86

MOTION to Strike 82 Notice (Other) by MARY MAYHEW, RICHARD PRUDOM. (Internal deadline for referral to judge if response not filed earlier: 12/17/2019). (Attachments: # 1 Exhibit Deposition of Jefferson Langlaise) (BARDOS, ANDY) (Entered: 12/03/2019)

Dec. 3, 2019

Dec. 3, 2019

PACER
87

REPLY to Response to Motion re 72 MOTION for Summary Judgment filed by MARY MAYHEW, RICHARD PRUDOM. (BARDOS, ANDY) (Entered: 12/10/2019)

Dec. 10, 2019

Dec. 10, 2019

PACER
88

RESPONSE in Opposition re 86 MOTION to Strike 82 Notice (Other) filed by JEFFERSON LANGLAISE. (Attachments: # 1 Exhibit 2017 701S, # 2 Exhibit 2018 701S, # 3 Exhibit August 2019 701S, # 4 Exhibit November 2019 701S) (SIEGEL, JODI) (Entered: 12/17/2019)

Dec. 17, 2019

Dec. 17, 2019

PACER
89

NOTICE of Appearance by DEENA S FOX on behalf of United States of America (FOX, DEENA) (Entered: 12/19/2019)

Dec. 19, 2019

Dec. 19, 2019

PACER
90

AMICUS CURIAE BRIEF (Titled STATEMENT OF INTEREST OF THE UNITED STATES OF AMERICA) by United States of America re 72 MOTION for Summary Judgment . (FOX, DEENA) Modified on 12/20/2019 (blb). (Entered: 12/19/2019)

Dec. 19, 2019

Dec. 19, 2019

PACER
91

MOTION for Leave to File re 88 Response in Opposition to Motion, by MARY MAYHEW, RICHARD PRUDOM. (BARDOS, ANDY) (Entered: 12/23/2019)

Dec. 23, 2019

Dec. 23, 2019

PACER
92

Defendants' Motion To Strike The United States' Statement Of Interest Or In The Alternative, For Leave To Respond, (Internal deadline for referral to judge if response not filed earlier: 1/9/2020).), MOTION for Leave to File Reply by MARY MAYHEW, RICHARD PRUDOM. (BARDOS, ANDY) Modified to edit title on 12/27/2019 (rcb). (Entered: 12/26/2019)

Dec. 26, 2019

Dec. 26, 2019

PACER

Case Details

State / Territory: Florida

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Dec. 12, 2018

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Elderly individuals on Medicaid waitlists for community- or home-based long-term care services.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

Florida Agency for Health Care Administration, State

Florida Department of Elder Affairs, State

Defendant Type(s):

Hospital/Health Department

Jurisdiction-wide

Case Details

Causes of Action:

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

Medicaid, 42 U.S.C §1396 (Title XIX of the Social Security Act)

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Unknown

Source of Relief:

Settlement

Form of Settlement:

Conditional Dismissal

Issues

General:

Payment for care

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

Reasonable Modifications

Wait lists

Discrimination-basis:

Age discrimination

Disability (inc. reasonable accommodations)

Disability:

Integrated setting

Least restrictive environment

Type of Facility:

Government-run

Benefit Source:

Medicaid