Case: Jennings v. Wolf

3:20-cv-00148 | U.S. District Court for the Middle District of Pennsylvania

Filed Date: Jan. 29, 2020

Closed Date: May 1, 2023

Clearinghouse coding complete

Case Summary

This case, filed January 29, 2020, objected to the closure of two Pennsylvania intermediate care facilities for individuals with intellectual disabilities (ICF/IID) (the Polk Center and the White Haven Center) and the rights of the individuals residing in those facilities. It is what some describe as a "reverse-Olmstead" lawsuit. (See Olmstead v. L.C., 527 U.S. 581 (1999) (ADA guarantees the right to receive disability-related services in the community, where appropriate). The complaint was fil…

The complaint was filed in the U.S. District Court for the Middle District of Pennsylvania by family members and guardians of residents of the two facilities in a class action lawsuit. Plaintiffs were represented by private counsel. Defendants were Pennsylvania Governor Wolf, the Secretary of the Pennsylvania Department of Human Services, the Deputy Secretary of the Pennsylvania Office of Development Programs, the Facility Director of the Polk Center, and the Facility Director of the White Haven Center.

According to WENY News, in August of 2019 Governor Wolf announced a plan to close the state centers over the course of three years. Instead, the state planned to move residents to "community residences," arguing that such residences are superior to "institutional" residences like Polk or White Haven.

Plaintiffs alleged that this plan violated the Americans with Disabilities Act (ADA), Section 504 of the Rehabilitation Act, the Medicaid Act, and the Fourteenth Amendment.

Specifically, the cause of action under the ADA alleged that residents cannot be discharged or transferred without consent from the residents themselves or the residents' guardians. The Section 504 cause of action alleged that Pennsylvania's new plan would not administer care for White Haven or Polk residents in "the most integrated setting appropriate," therefore violating regulations that implement Section 504. Meanwhile, the Medicaid Act cause of action claimed that the new plan was not in compliance with obligations imposed on Pennsylvania by the federal government in return for federal funding. Those obligations included the option to live in an ICF/IID for qualifying Pennsylvanians. Finally, the lawsuit alleged that the new plan constituted a violation of the residents' substantive due process rights under the Fourteenth and/or Fourth Amendment. The complaint claimed that moving residents "to the community" would deny residents "a humane existence." Judge Hon. Malachy E Mannion was initially assigned this case.

On July 20, 2020 a motion to dismiss for failure to state a claim was filed by the defendants. While the motion to dismiss was pending before the court, the plaintiffs filed a motion to certify class on September 30th, 2020.

On October 7th, 2020 a motion to intervene was filed by the certified settlement class in Benjamin v. Human Health Services. In Benjamin v. Human Health Services, individuals who were residents of intermediate care facilities for people with intellectual disabilities had filed suit against the same defendants in this case as well as the Pennsylvania Department of Human Services. There, plaintiffs filed on the same grounds to this case and a violation of the U.S. Constitution. The court granted summary judgment in favor of the plaintiffs, and the parties entered into a settlement agreement. Members of the Benjamin Class sought to intervene here, as to protect their legal interests in the continued vitality of their settlement agreement.

As a reply to the motion to certify class, the defendants filed a motion to stay on October 28th, 2020. Pending the court’s decision on the motion to dismiss filed by the defendant and the motion to intervene filed by the certified settlement class, the defendant’s motion to stay was granted on April 16, 2021. On July 19, 2021, the judge denied the motion to dismiss on the grounds that the plaintiffs did meet the burden of proof required by the force claims. On November 18, 2021, plaintiffs filed their first motion for preliminary injunction.

The motion to intervene was denied on December 27, 2021 on grounds that the proposed intervenors had failed to establish that they had a sufficient interest that could be negatively affected by judgment in this case. In its reasoning, the court held that the settlement in Benjamin v. HHS did not preclude plaintiffs’ claims in this case and that the proposed intervenors did not show that the settlement in question would be negatively affected by a judgment in plaintiffs’ favor, here.

On September 20, 2022, the parties consented to proceed before a magistrate judge and Judge Martin Carlson was assigned. On August 16, 2022, the plaintiffs filed their second motion for preliminary injunction and a temporary restraining order. In it, plaintiffs claimed there was a need to stop the transfer of residents because they have resulted in hospitalization and deaths due to the defendant’s deficient transition plans and that this controversy will become moot if the defendants are able to transfer all the residents before the litigation ends. The court held a hearing on this motion beginning on October 18, 2022 and lasting seven days.

On November 2nd, 2022, the court granted the motion to certify the class, holding that plaintiffs’ proposed class met the standards under Federal Rules of Civil Procedure 23, and denied plaintiffs’ first and second motions for preliminary injunction. Concerning the motions for preliminary injunction, the court held that plaintiffs had not demonstrated a likelihood of success on the merits and that the balancing of harms did not favor plaintiffs. In the same order, the court ordered the plaintiffs' counsel to notify it if any of the named plaintiffs wished to withdraw from the litigation. After the order was issued, only two plaintiffs remained.

On March 16, 2023, the defendants filed a motion to decertify the class. Before the court ruled on the motion, the remaining plaintiffs voluntarily dismissed the case on May 1, 2023. It is now closed.

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Summary Authors

Jack Hibbard (5/20/2020)

Andrea De Jesus Colon (11/12/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/16823670/parties/jennings-v-wolf/

Judge(s)

Carlson, Martin C. (Pennsylvania)

Attorney for Plaintiff

Attorney for Defendant

Bedell, Lindsey A. (Pennsylvania)

Boland, Nicole J. (Pennsylvania)

Davis, Jessica S. (Pennsylvania)

Expert/Monitor/Master/Other

Darr, Kelly L. (Pennsylvania)

Judge(s)

Carlson, Martin C. (Pennsylvania)

Attorney for Plaintiff

York, Thomas Brian (Pennsylvania)

Attorney for Defendant

Bedell, Lindsey A. (Pennsylvania)

Boland, Nicole J. (Pennsylvania)

Davis, Jessica S. (Pennsylvania)

DiTomo, Nicole R (Pennsylvania)

McLees, Matthew J. (Pennsylvania)

Skolnik, Matthew (Pennsylvania)

Expert/Monitor/Master/Other

Darr, Kelly L. (Pennsylvania)

Resnick, Robin (Pennsylvania)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
3:20-cv-00148	Docket [PACER]	May 7, 2020	May 7, 2020 Docket
1 3:20-cv-00148	Complaint	Jan. 29, 2020	Jan. 29, 2020 Complaint
71 3:20-cv-00148	Memorandum on Motion to Dismiss	July 19, 2021	July 19, 2021 Order/Opinion
86 3:20-cv-00148	Memorandum	Dec. 27, 2021	Dec. 27, 2021 Order/Opinion 2021 WL 6113547
160 3:20-cv-00148	Memorandum Opinion	Nov. 2, 2022	Nov. 2, 2022 Order/Opinion 2022 WL 16640456
181 3:20-cv-00148	Memorandum Opinion	Jan. 26, 2023	Jan. 26, 2023 Order/Opinion 2023 WL 424746

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/16823670/jennings-v-wolf/

Last updated Dec. 26, 2024, 4:50 p.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT against All Defendants ( Filing fee $400, Receipt Number 0314-4992202), filed by Maria Kashatus, Terry D. Hetrick, Lauren Lotzi, Janine Winsock, Russel "Joey" Jennings, David Naulty, Sharon McCabe, Viola "Vianne" Caye, Rinaldo Scruci, Beth Lambo, Maureen Jorda, Cynthia Martin, Robert B. Carson. (Attachments: # 1 Civil Cover Sheet)(ao) (Entered: 01/29/2020) 1 Civil Cover Sheet View on PACER	Jan. 29, 2020	Jan. 29, 2020 Clearinghouse
2	Summons Issued as to All Defendants and provided TO ATTORNEY ELECTRONICALLY VIA ECF for service on Defendant(s)in the manner prescribed by Rule 4 of the Federal Rules of Civil Procedure. (NOTICE TO ATTORNEYS RECEIVING THE SUMMONS ELECTRONICALLY: You must print the summons and the attachment when you receive it in your e-mail and serve them with the complaint on all defendants in the manner prescribed by Rule 4 of the Federal Rules of Civil Procedure). (Attachments: # 1 Summons Packet) (ao) (Entered: 01/29/2020) 1 Summons Packet View on PACER	Jan. 29, 2020	Jan. 29, 2020 PACER
	DOCKET ANNOTATION: Judge Mannion has been assigned to this case. (ga)	Jan. 30, 2020	Jan. 30, 2020 PACER
3	Summons RE-ISSUED as to All Defendants and provided TO ATTORNEY ELECTRONICALLY VIA ECF for service on Defendant(s)in the manner prescribed by Rule 4 of the Federal Rules of Civil Procedure. (NOTICE TO ATTORNEYS RECEIVING THE SUMMONS ELECTRONICALLY: You must print the summons and the attachment when you receive it in your e-mail and serve them with the complaint on all defendants in the manner prescribed by Rule 4 of the Federal Rules of Civil Procedure). (Attachments: # 1 Summons Packet) (ga) (Entered: 01/30/2020) 1 Summons Packet View on PACER	Jan. 30, 2020	Jan. 30, 2020 PACER
4	WAIVER OF SERVICE Returned by White Haven Center, Pennsylvania Office of Development Programs, Pennsylvania Department of Human Services, Sue Rodgers, Kristin Ahrens, Tom Wolf, Teresa D. Miller, Polk Center, Mark J. Georgetti. All Defendants. (Davis, Jessica) (Entered: 05/07/2020)	May 7, 2020	May 7, 2020 PACER
5	MOTION for Extension of Time to Respond to the Complaint by Kristin Ahrens, Mark J. Georgetti, Teresa D. Miller, Pennsylvania Department of Human Services, Pennsylvania Office of Development Programs, Polk Center, Sue Rodgers, White Haven Center, Tom Wolf.(Davis, Jessica) (Entered: 06/08/2020)	June 8, 2020	June 8, 2020 PACER
6	ORDER granting 5 defts Motion to Extend Time to respond to complaint. Resp. due 7/10/20.Signed by Honorable Malachy E Mannion on 6/9/20 (bs) (Entered: 06/09/2020)	June 9, 2020	June 9, 2020 PACER
7	MOTION to Dismiss by Kristin Ahrens, Mark J. Georgetti, Teresa D. Miller, Pennsylvania Department of Human Services, Pennsylvania Office of Development Programs, Polk Center, Sue Rodgers, White Haven Center, Tom Wolf. (Attachments: # 1 Proposed Order)(Davis, Jessica) (Entered: 07/10/2020) 1 Proposed Order View on PACER	July 10, 2020	July 10, 2020 PACER
8	SCHEDULING ORDER: Case Management Conference set for 8/12/2020 02:00 PM before Honorable Malachy E Mannion. This conference will be held by telephone. Counsel for the plaintiff, who is responsible for placing the conference call, shall provide the court via e-filing a call-in number in which the court may call to connect to the conference call. It is counsels obligation to supply the conference contact information to opposing counsel and the court. This can be placed on the docket under seal or supplied independently to opposing counsel and the court, in order to protect the privacy and security of the teleconference.Signed by Honorable Malachy E Mannion on 7/10/20. (bs) (Entered: 07/10/2020)	July 10, 2020	July 10, 2020 PACER
9	MOTION for Extension of Time to File Brief filed by Kristin Ahrens, Mark J. Georgetti, Teresa D. Miller, Pennsylvania Department of Human Services, Pennsylvania Office of Development Programs, Polk Center, Sue Rodgers, White Haven Center, Tom Wolf.(Davis, Jessica) (Entered: 07/24/2020)	July 24, 2020	July 24, 2020 PACER
10	ORDER granting 9 deft's Motion for Extension of Time to File Response/Reply re 7 MOTION to Dismiss. Brief in Support due by 7/24/2020Signed by Honorable Malachy E Mannion on 7/27/20 (bs) (Entered: 07/27/2020)	July 27, 2020	July 27, 2020 PACER
11	CASE MANAGEMENT PLAN JOINT by Russel "Joey" Jennings. (York, Thomas) (Entered: 08/05/2020)	Aug. 5, 2020	Aug. 5, 2020 PACER
13	SCHEDULING ORDER: Amended Pleadings due by pltf. 12/31/20 by deft. 1/31/2021. Fact Discovery due by 4/30/2021. Plaintiff Expert Report is due by 11/30/2021. Defendant Expert Report is due by 11/30/2021. Supplemental due by 12/30/2021.Expert Discovery Deadline is due by 4/30/2021. Joinder of Parties due by pltf. 12/31/20 by deft. 1/31/2021. Dispositive Motions due by 5/30/2021. Signed by Honorable Malachy E Mannion on 9/20/20. (bs) (Entered: 08/20/2020)	Aug. 20, 2020	Aug. 20, 2020 PACER
14	Second MOTION for Extension of Time to File Brief in Support of Motion to Dismiss filed by Kristin Ahrens, Mark J. Georgetti, Teresa D. Miller, Pennsylvania Department of Human Services, Pennsylvania Office of Development Programs, Polk Center, Sue Rodgers, White Haven Center, Tom Wolf. (Attachments: # 1 Proposed Order)(Davis, Jessica) (Entered: 08/24/2020)	Aug. 24, 2020	Aug. 24, 2020 PACER
15	ORDER granting 14 defts Motion for Extension of Time to File Response/Reply re 7 MOTION to Dismiss. Brief in Support due by 8/31/2020.Signed by Honorable Malachy E Mannion on 8/24/20 (bs) (Entered: 08/24/2020)	Aug. 24, 2020	Aug. 24, 2020 PACER
16	BRIEF IN SUPPORT re 7 MOTION to Dismiss filed by Kristin Ahrens, Mark J. Georgetti, Teresa D. Miller, Pennsylvania Department of Human Services, Pennsylvania Office of Development Programs, Polk Center, Sue Rodgers, White Haven Center, Tom Wolf.(Davis, Jessica) (Entered: 08/31/2020)	Aug. 31, 2020	Aug. 31, 2020 PACER
17	First MOTION for Extension of Time to File Brief to 7 MOTION to Dismiss filed by Russel "Joey" Jennings.(York, Thomas) (Entered: 09/14/2020)	Sept. 14, 2020	Sept. 14, 2020 PACER
18	ORDER granting 17 pltf's Motion for Extension of Time to File Br. in oppos. re 7 MOTION to Dismiss. Brief in Opposition due by 10/5/2020.Signed by Honorable Malachy E Mannion on 9/14/20 (bs) (Entered: 09/14/2020)	Sept. 14, 2020	Sept. 14, 2020 PACER
19	MOTION to Certify Class by Russel "Joey" Jennings.(York, Thomas) (Entered: 09/30/2020)	Sept. 30, 2020	Sept. 30, 2020 PACER
20	NOTICE of Change of Address by Thomas Brian York (York, Thomas) (Entered: 09/30/2020)	Sept. 30, 2020	Sept. 30, 2020 PACER
21	Second MOTION for Extension of Time to File Brief to 7 MOTION to Dismiss filed by Russel "Joey" Jennings.(York, Thomas) (Entered: 10/05/2020)	Oct. 5, 2020	Oct. 5, 2020 PACER
22	ORDER granting 21 pltf's 2nd Motion for Extension of Time to File br in oppos re 7 MOTION to Dismiss. Brief in Oppos due by 10/9/2020.Signed by Honorable Malachy E Mannion on 10/6/20 (bs) Modified on 10/6/2020 (bs). (Entered: 10/06/2020)	Oct. 6, 2020	Oct. 6, 2020 PACER
23	Unopposed MOTION to Exceed Page Limitation by Russel "Joey" Jennings. (Attachments: # 1 Proposed Order)(York, Thomas) (Entered: 10/07/2020)	Oct. 7, 2020	Oct. 7, 2020 PACER
24	ORDER granting 23 pltf's Motion for Leave to File Excess Pages.Signed by Honorable Malachy E Mannion on 10/7/20 (bs) (Entered: 10/07/2020)	Oct. 7, 2020	Oct. 7, 2020 PACER
25	MOTION to Intervene by Certified Settlement Class in Benjamin v. Dep't of Human Services. (Attachments: # 1 Certificate of Nonconcurrence, # 2 Proposed Order)(Darr, Kelly) (Entered: 10/07/2020)	Oct. 7, 2020	Oct. 7, 2020 PACER
26	BRIEF IN SUPPORT re 25 MOTION to Intervene filed by Certified Settlement Class in Benjamin v. Dep't of Human Services. (Attachments: # 1 Attachments 1-3, # 2 Proposed Order)(Darr, Kelly) (Entered: 10/07/2020)	Oct. 7, 2020	Oct. 7, 2020 PACER
27	PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Robin Resnick on behalf of Certified Settlement Class in Benjamin v. Dep't of Human Services Attorney Robin Resnick is seeking special admission. Filing fee $ 50, receipt number APAMDC-5291084.. (Resnick, Robin) (Entered: 10/09/2020)	Oct. 9, 2020	Oct. 9, 2020 PACER
28	SPECIAL ADMISSIONS FORM APPROVED as to Robin Resnick.Signed by Honorable Malachy E Mannion on 10/9/20. (bs) (Entered: 10/09/2020)	Oct. 9, 2020	Oct. 9, 2020 PACER
29	BRIEF IN OPPOSITION re 7 MOTION to Dismiss filed by Russel "Joey" Jennings.(York, Thomas) (Entered: 10/09/2020)	Oct. 9, 2020	Oct. 9, 2020 PACER
30	BRIEF IN SUPPORT re 19 MOTION to Certify Class filed by Russel "Joey" Jennings. (Attachments: # 1 Proposed Order)(York, Thomas) (Entered: 10/14/2020)	Oct. 14, 2020	Oct. 14, 2020 PACER
31	Unopposed MOTION to Amend/Correct 29 Brief in Opposition to Motion to Dismiss by Russel "Joey" Jennings. (Attachments: # 1 Corrected Response, # 2 Unpublished Opinion(s), # 3 Unpublished Opinion(s), # 4 Unpublished Opinion(s), # 5 Unpublished Opinion(s), # 6 Proposed Order)(York, Thomas) (Entered: 10/15/2020)	Oct. 15, 2020	Oct. 15, 2020 PACER
32	CERTIFICATE of of Concurrence and Non-Concurrence by Certified Settlement Class in Benjamin v. Dep't of Human Services re 25 MOTION to Intervene (Revised). (Resnick, Robin) (Entered: 10/16/2020)	Oct. 16, 2020	Oct. 16, 2020 PACER
33	Unopposed MOTION for Extension of Time to File Brief to 26 Brief in Support, 25 MOTION to Intervene filed by Russel "Joey" Jennings. (Attachments: # 1 Proposed Order)(York, Thomas) (Entered: 10/21/2020)	Oct. 21, 2020	Oct. 21, 2020 PACER
34	ORDER granting 31 plft's Motion to Correct br. in oppos. to motion to dismiss.Signed by Honorable Malachy E Mannion on 10/21/20 (bs) (Entered: 10/21/2020)	Oct. 21, 2020	Oct. 21, 2020 PACER
35	ORDER granting 33 pltfs' Motion for Extension of Time to File br. oppos. re 25 MOTION to Intervene. Brief in Opposition due by 10/26/2020.Signed by Honorable Malachy E Mannion on 10/21/20 (bs) (Entered: 10/21/2020)	Oct. 21, 2020	Oct. 21, 2020 PACER
36	BRIEF IN OPPOSITION re 25 MOTION to Intervene filed by Russel "Joey" Jennings. (Attachments: # 1 Unpublished Opinion(s), # 2 Unpublished Opinion(s), # 3 Unpublished Opinion(s), # 4 Unpublished Opinion(s))(York, Thomas) (Entered: 10/26/2020)	Oct. 26, 2020	Oct. 26, 2020 PACER
37	MOTION to Stay re 19 MOTION to Certify Class by Kristin Ahrens, Mark J. Georgetti, Teresa D. Miller, Pennsylvania Department of Human Services, Pennsylvania Office of Development Programs, Polk Center, Sue Rodgers, White Haven Center, Tom Wolf.(Davis, Jessica) (Entered: 10/28/2020)	Oct. 28, 2020	Oct. 28, 2020 PACER
38	BRIEF IN SUPPORT re 37 MOTION to Stay re 19 MOTION to Certify Class filed by Kristin Ahrens, Mark J. Georgetti, Teresa D. Miller, Pennsylvania Department of Human Services, Pennsylvania Office of Development Programs, Polk Center, Sue Rodgers, White Haven Center, Tom Wolf.(Davis, Jessica) (Entered: 10/28/2020)	Oct. 28, 2020	Oct. 28, 2020 PACER
39	MOTION for Extension of Time to File Brief to 7 MOTION to Dismiss filed by Kristin Ahrens, Mark J. Georgetti, Teresa D. Miller, Pennsylvania Department of Human Services, Pennsylvania Office of Development Programs, Polk Center, Sue Rodgers, White Haven Center, Tom Wolf.(Davis, Jessica) (Entered: 11/04/2020)	Nov. 4, 2020	Nov. 4, 2020 PACER
40	ORDER granting 39 PA deftt's Motion for Extension of Time to File br. in support re 7 MOTION to Dismiss. Brief in Support due by 11/25/2020.Signed by Honorable Malachy E Mannion on 11/5/20 (bs) (Entered: 11/05/2020)	Nov. 5, 2020	Nov. 5, 2020 PACER
41	REPLY BRIEF re 25 MOTION to Intervene filed by Certified Settlement Class in Benjamin v. Dep't of Human Services. (Attachments: # 1 Attachment 1 (Supplemental Darr Declaration))(Resnick, Robin) (Entered: 11/09/2020)	Nov. 9, 2020	Nov. 9, 2020 PACER
42	MOTION for Leave to File Sur-Reply by Russel "Joey" Jennings. (Attachments: # 1 Proposed Order)(York, Thomas) (Entered: 11/11/2020)	Nov. 11, 2020	Nov. 11, 2020 PACER
43	Unopposed MOTION for Extension of Time to Change due date for Expert Reports by Russel "Joey" Jennings. (Attachments: # 1 Proposed Order)(York, Thomas) (Entered: 11/11/2020)	Nov. 11, 2020	Nov. 11, 2020 PACER
44	ORDER granting 43 pltf's Motion to Extend Time to file expert reports. Expert Reports is due by 1/31/2021. Signed by Honorable Malachy E Mannion on 11/16/20 (bs) (Entered: 11/16/2020)	Nov. 16, 2020	Nov. 16, 2020 PACER
45	ORDER granting 42 PLTF'S Motion for Leave to File sur reply br. Br. due on or before 11/23/20. Signed by Honorable Malachy E Mannion on 11/17/20 (bs) (Entered: 11/17/2020)	Nov. 17, 2020	Nov. 17, 2020 PACER
46	First MOTION for Extension of Time to File Brief to 41 Reply Brief filed by Russel "Joey" Jennings. (Attachments: # 1 Proposed Order)(York, Thomas) (Entered: 11/23/2020)	Nov. 23, 2020	Nov. 23, 2020 PACER
47	ORDER granting 46 pltfs Motion for Extension of Time to File sur Reply in oppos. to re 25 MOTION to Intervene.Sur Reply Brief in oppos due by 11/25/2020. Signed by Honorable Malachy E Mannion on 11/24/20 (bs) (Entered: 11/24/2020)	Nov. 24, 2020	Nov. 24, 2020 PACER
48	Second MOTION for Extension of Time to File Brief to 7 MOTION to Dismiss filed by Kristin Ahrens, Mark J. Georgetti, Teresa D. Miller, Pennsylvania Department of Human Services, Pennsylvania Office of Development Programs, Polk Center, Sue Rodgers, White Haven Center, Tom Wolf.(Davis, Jessica) (Entered: 11/24/2020)	Nov. 24, 2020	Nov. 24, 2020 PACER
49	SUR REPLY to REPLY to Response to Motion re 25 MOTION to Intervene filed by Russel "Joey" Jennings.(York, Thomas) (Entered: 11/25/2020)	Nov. 25, 2020	Nov. 25, 2020 PACER
50	ORDER granting 48 defts Motion for Extension of Time to File Reply Br. re 7 MOTION to Dismiss. Reply Brief due by 12/9/2020. Signed by Honorable Malachy E Mannion on 12/1/20 (bs) (Entered: 12/01/2020)	Dec. 1, 2020	Dec. 1, 2020 PACER
51	MOTION for Extension of Time to File Brief to 7 MOTION to Dismiss filed by Kristin Ahrens, Mark J. Georgetti, Teresa D. Miller, Polk Center, Sue Rodgers, White Haven Center, Tom Wolf.(Davis, Jessica) (Entered: 12/09/2020)	Dec. 9, 2020	Dec. 9, 2020 PACER
52	ORDER granting 51 defts Motion for Extension of Time to File Br. in supp. re 7 MOTION to Dismiss. Brief in Support due by 12/23/2020. Signed by Honorable Malachy E Mannion on 12/10/20 (bs) (Entered: 12/10/2020)	Dec. 10, 2020	Dec. 10, 2020 PACER
53	MOTION for Extension of Time to File Brief to 7 MOTION to Dismiss filed by Kristin Ahrens, Mark J. Georgetti, Teresa D. Miller, Pennsylvania Department of Human Services, Pennsylvania Office of Development Programs, Polk Center, Sue Rodgers, White Haven Center, Tom Wolf.(Davis, Jessica) (Entered: 12/23/2020)	Dec. 23, 2020	Dec. 23, 2020 PACER
54	ORDER granting 53 deft's Motion for Extension of Time to File Reply brief re 7 MOTION to Dismiss. Reply Brief due by 1/6/2021. Signed by Honorable Malachy E Mannion on 12/28/20 (bs) (Entered: 12/28/2020)	Dec. 28, 2020	Dec. 28, 2020 PACER
56	MOTION for Leave to File Sur-Reply by Russel "Joey" Jennings. (Attachments: # 1 Proposed Order)(York, Thomas) (Entered: 01/11/2021)	Jan. 11, 2021	Jan. 11, 2021 PACER
	DOCKET ANNOTATION: Doc. 55 deleted and will be refiled correctly as a reply br. (bs)	Jan. 11, 2021	Jan. 11, 2021 PACER
57	ORDER granting 56 pltf's Motion for Leave to File sur reply brief. Sur reply br. due 1/22/21. Signed by Honorable Malachy E Mannion on 1/11/21 (bs) (Entered: 01/11/2021)	Jan. 11, 2021	Jan. 11, 2021 PACER
58	REPLY BRIEF re 7 MOTION to Dismiss filed by Kristin Ahrens, Mark J. Georgetti, Teresa D. Miller, Pennsylvania Department of Human Services, Pennsylvania Office of Development Programs, Polk Center, Sue Rodgers, White Haven Center, Tom Wolf.(Davis, Jessica) (Entered: 01/12/2021)	Jan. 12, 2021	Jan. 12, 2021 PACER
59	First MOTION for Extension of Time to File Brief for Sur-Reply as to Motion to Dismiss filed by Russel "Joey" Jennings. (Attachments: # 1 Proposed Order)(York, Thomas) (Entered: 01/22/2021)	Jan. 22, 2021	Jan. 22, 2021 PACER
60	ORDER granting 59 pltf's Motion for Extension of Time to File Sur Reply br. Sur reply br. in oppos. to mot. to dismiss due 1/28/21. Signed by Honorable Malachy E Mannion on 1/22/21 (bs) (Entered: 01/22/2021)	Jan. 22, 2021	Jan. 22, 2021 PACER
61	NOTICE of Appearance by Matthew J. McLees on behalf of All Defendants (McLees, Matthew) (Entered: 01/28/2021)	Jan. 28, 2021	Jan. 28, 2021 PACER
62	SUR REPLY to REPLY to Response to Motion re 7 MOTION to Dismiss filed by Russel "Joey" Jennings.(York, Thomas) (Entered: 01/28/2021)	Jan. 28, 2021	Jan. 28, 2021 PACER
63	Unopposed MOTION for Extension of Time to Scheduling Order by Russel "Joey" Jennings. (Attachments: # 1 Proposed Order)(York, Thomas) (Entered: 01/29/2021)	Jan. 29, 2021	Jan. 29, 2021 PACER
64	ORDER granting 63 Motion to Extend Time Amended Pleadings due by pltf. by 4/30/21, by deft. 5/31/2021. Discovery due by 7/31/2021. Expert Report is due by 4/30/2021. Expert Discovery Deadline is due by 7/31/2021.Supplemental due by 6/30/2021 Joinder of Parties due by pltf. by 4/30/21 by defts. by 5/31/2021. Dispositive Motions due by 8/31/2021. Signed by Honorable Malachy E Mannion on 1/29/21 (bs) (Entered: 01/29/2021)	Jan. 29, 2021	Jan. 29, 2021 PACER
65	ORDER - The Commonwealth defts unopposed motion to stay (Doc. 37) is GRANTED.The motion for class certification (Doc. 19) is STAYED pending the courts rulings on the Commonwealth defts motion to dismiss and the proposed intervenors motion to intervene. Signed by Honorable Malachy E Mannion on 4/16/21 (ao) (Entered: 04/16/2021)	April 16, 2021	April 16, 2021 PACER
66	Second MOTION for Extension of Time to Complete Discovery by Russel "Joey" Jennings. (Attachments: # 1 Proposed Order)(York, Thomas) (Entered: 04/29/2021)	April 29, 2021	April 29, 2021 PACER
67	ORDER granting 66 Motion for Extension of Time to Complete Discovery and other ddls. Fact and Expert Discovery due by 10/31/2021. Dispositive Motions due by 11/30/2021. Signed by Honorable Malachy E Mannion on 4/29/21 (bs) (Entered: 04/29/2021)	April 29, 2021	April 29, 2021 PACER
68	MOTION to Expedite Rulings on Pending Motions by Russel "Joey" Jennings. (Attachments: # 1 Proposed Order)(York, Thomas) (Entered: 06/21/2021)	June 21, 2021	June 21, 2021 PACER
69	BRIEF IN SUPPORT re 68 MOTION to Expedite Rulings on Pending Motions filed by Russel "Joey" Jennings.(York, Thomas) (Entered: 06/21/2021)	June 21, 2021	June 21, 2021 PACER
70	BRIEF IN OPPOSITION re 68 MOTION to Expedite Rulings on Pending Motions filed by Kristin Ahrens, Mark J. Georgetti, Teresa D. Miller, Pennsylvania Department of Human Services, Pennsylvania Office of Development Programs, Polk Center, Sue Rodgers, White Haven Center, Tom Wolf.(Davis, Jessica) (Entered: 07/06/2021)	July 6, 2021	July 6, 2021 PACER
71	MEMORANDUM (Order to follow as separate docket entry) Signed by Honorable Malachy E Mannion on 7/19/21. (ao) (Entered: 07/19/2021)	July 19, 2021	July 19, 2021 Clearinghouse
72	ORDER (MEMORANDUM filed as a separate docket entry) denying Defts' 7 Motion to Dismiss Signed by Honorable Malachy E Mannion on 7/19/21 (ao) (Entered: 07/19/2021)	July 19, 2021	July 19, 2021 PACER
73	MOTION for Extension of Time to File Answer re 1 Complaint, by Kristin Ahrens, Mark J. Georgetti, Teresa D. Miller, Pennsylvania Department of Human Services, Pennsylvania Office of Development Programs, Polk Center, Sue Rodgers, White Haven Center, Tom Wolf.(Davis, Jessica) (Entered: 08/04/2021)	Aug. 4, 2021	Aug. 4, 2021 PACER
74	ORDER granting 73 deft's Motion for Extension of Time to Answer. Ans. due 8/25/21. Signed by Honorable Malachy E Mannion on 8/10/21 (bs) (Entered: 08/10/2021)	Aug. 10, 2021	Aug. 10, 2021 PACER
75	MOTION for Extension of Time to File Answer re 1 Complaint, by Kristin Ahrens, Mark J. Georgetti, Teresa D. Miller, Pennsylvania Department of Human Services, Pennsylvania Office of Development Programs, Polk Center, Sue Rodgers, White Haven Center, Tom Wolf.(Davis, Jessica) (Entered: 08/25/2021)	Aug. 25, 2021	Aug. 25, 2021 PACER
76	ORDER granting 75 defendants Motion for Extension of Time to Answer. Ans. due 9/10/21. Signed by Honorable Malachy E Mannion on 8/30/21 (bs) (Entered: 08/30/2021)	Aug. 30, 2021	Aug. 30, 2021 PACER
77	ANSWER to 1 Complaint, by Kristin Ahrens, Mark J. Georgetti, Teresa D. Miller, Pennsylvania Department of Human Services, Pennsylvania Office of Development Programs, Polk Center, Sue Rodgers, White Haven Center, Tom Wolf.(Davis, Jessica) (Entered: 09/10/2021)	Sept. 10, 2021	Sept. 10, 2021 PACER
78	Third MOTION for Extension of Time to Scheduling Deadlines by Russel "Joey" Jennings. (Attachments: # 1 Proposed Order)(York, Thomas) (Entered: 09/17/2021)	Sept. 17, 2021	Sept. 17, 2021 PACER
79	ORDER granting 78 Motion to Extend ddls. Amended Pleadings due by pltf. 12/15/21 by deft. 12/30/2021. Fact Discovery due by 1/31/2022. Expert Report is due by 12/15/2021. Supplemental due by 1/15/2022. Expert Discovery Deadline is due by 1/31/2022. Joinder of Parties due by pltf. 12/15/21 by deft. 12/30/2021. Dispositive Motions due by 2/28/2022. Signed by Honorable Malachy E Mannion on 9/21/21 (bs) (Entered: 09/21/2021)	Sept. 21, 2021	Sept. 21, 2021 PACER
80	ATTORNEY SUBSTITUTION - Withdrawal and Entry of Attorney Appearance. Attorney Jessica S. Davis terminated. Attorney Nicole J. Boland,Lindsey A. Bedell for Kristin Ahrens,Nicole J. Boland,Lindsey A. Bedell for Mark J. Georgetti,Nicole J. Boland,Lindsey A. Bedell for Teresa D. Miller,Nicole J. Boland,Lindsey A. Bedell for Pennsylvania Department of Human Services,Nicole J. Boland,Lindsey A. Bedell for Pennsylvania Office of Development Programs,Nicole J. Boland,Lindsey A. Bedell for Polk Center,Nicole J. Boland,Lindsey A. Bedell for Sue Rodgers,Nicole J. Boland,Lindsey A. Bedell for White Haven Center,Nicole J. Boland,Lindsey A. Bedell for Tom Wolf added. (Boland, Nicole) (Entered: 10/26/2021)	Oct. 26, 2021	Oct. 26, 2021 PACER
81	First MOTION for Preliminary Injunction by Russel "Joey" Jennings. (Attachments: # 1 Proposed Order)(York, Thomas) (Entered: 11/18/2021)	Nov. 18, 2021	Nov. 18, 2021 PACER
82	BRIEF IN SUPPORT re 81 First MOTION for Preliminary Injunction filed by Russel "Joey" Jennings.(York, Thomas) (Entered: 11/29/2021)	Nov. 29, 2021	Nov. 29, 2021 PACER
83	MOTION for Extension of Time to File Brief Opposing Plaintiffs Motion for a Preliminary Injunction filed by Kristin Ahrens, Mark J. Georgetti, Teresa D. Miller, Pennsylvania Department of Human Services, Pennsylvania Office of Development Programs, Polk Center, Sue Rodgers, White Haven Center, Tom Wolf. (Attachments: # 1 Proposed Order)(Bedell, Lindsey) (Entered: 12/13/2021)	Dec. 13, 2021	Dec. 13, 2021 PACER
84	BRIEF IN OPPOSITION re 83 MOTION for Extension of Time to File Brief Opposing Plaintiffs Motion for a Preliminary Injunction filed, 81 First MOTION for Preliminary Injunction filed by Russel "Joey" Jennings.(York, Thomas) (Entered: 12/13/2021)	Dec. 13, 2021	Dec. 13, 2021 PACER
85	Unopposed MOTION for Extension of Time to Scheduling Deadlines by Russel "Joey" Jennings. (Attachments: # 1 Proposed Order)(York, Thomas) (Entered: 12/14/2021)	Dec. 14, 2021	Dec. 14, 2021 PACER
86	MEMORANDUM (Order to follow as separate docket entry) Signed by Honorable Malachy E Mannion on 12/27/21. (ga) (Entered: 12/27/2021)	Dec. 27, 2021	Dec. 27, 2021 Clearinghouse
87	ORDER (memorandum filed previously as separate docket entry). IT IS HEREBY ORDERED THAT: The motion filed by the certified settlement class (Doc. 25), to intervene is DENIED. Signed by Honorable Malachy E Mannion on 12/27/21. (ga) (Entered: 12/27/2021)	Dec. 27, 2021	Dec. 27, 2021 Clearinghouse
88	ORDER - IT IS HEREBY ORDERED THAT: the Commonwealth defendant's motion for an extension of time to file its brief in opposition is GRANTED. It is to be filed on or before January 10, 2022 Signed by Honorable Malachy E Mannion on 12/27/21 (ga) (Entered: 12/27/2021)	Dec. 27, 2021	Dec. 27, 2021 PACER
89	ORDER granting 85 Motion for Extension of Case Management Deadines. (See Order for extension deadlines). Signed by Honorable Malachy E Mannion on 12/27/21 (ga) (Entered: 12/27/2021)	Dec. 27, 2021	Dec. 27, 2021 PACER
90	ORDER - The previously filed Order, (Doc. 64), granting the Commonwealth defendants' unopposed motion to stay the motion for class certification pending the Court's rullings on the Commonwealth defendants' motion to dismiss and proposed intervenors' motion to intervene, (Doc. 37) is VACATED, as those motions have now been decided. (SEE ORDER FOR FURTHER DETAILS). Signed by Honorable Malachy E Mannion on 12/27/21. (ga) (Entered: 12/27/2021)	Dec. 27, 2021	Dec. 27, 2021 PACER
91	Unopposed MOTION to Exceed Page Limitation by Kristin Ahrens, Mark J. Georgetti, Teresa D. Miller, Pennsylvania Department of Human Services, Pennsylvania Office of Development Programs, Polk Center, Sue Rodgers, White Haven Center, Tom Wolf. (Attachments: # 1 Proposed Order)(Boland, Nicole) (Entered: 01/10/2022)	Jan. 10, 2022	Jan. 10, 2022 PACER
92	BRIEF IN OPPOSITION re 81 First MOTION for Preliminary Injunction filed by Kristin Ahrens, Mark J. Georgetti, Teresa D. Miller, Pennsylvania Department of Human Services, Pennsylvania Office of Development Programs, Polk Center, Sue Rodgers, White Haven Center, Tom Wolf. (Attachments: # 1 Exhibit(s) A Ahrens Declaration, # 2 Exhibit(s) B Dressler Declaration)(Boland, Nicole) (Entered: 01/10/2022)	Jan. 10, 2022	Jan. 10, 2022 PACER
93	ORDER REFERRING CASE to Mediation. Thomas I. Vanaskie for Mediator added. Signed by Honorable Malachy E Mannion on 1/11/22. (bs) (Entered: 01/11/2022)	Jan. 11, 2022	Jan. 11, 2022 PACER
94	ORDER granting 91 deft's Motion for Leave to File Excess Pages. Defendants may file a brief not exceeding 5250 words. Signed by Honorable Malachy E Mannion on 1/14/22 (bs) (Entered: 01/14/2022)	Jan. 14, 2022	Jan. 14, 2022 PACER
95	First MOTION to Exceed Page Limitation by Russel "Joey" Jennings. (Attachments: # 1 Proposed Order, # 2 Plaintiffs' Reply on Motion for Preliminary Injunction)(York, Thomas) (Entered: 01/24/2022)	Jan. 24, 2022	Jan. 24, 2022 PACER
96	Joint MOTION for Extension of Time to Expert deadlines by Russel "Joey" Jennings. (Attachments: # 1 Proposed Order)(York, Thomas) (Entered: 01/25/2022)	Jan. 25, 2022	Jan. 25, 2022 PACER
97	ORDER granting 95 Motion for Leave to File Excess Pages Plaintiffs reply may exceed the page limit and that reply in support of the Motion For Preliminary Injunction shall be due on or before January 28, 2022. Signed by Honorable Malachy E Mannion on 1/27/22 (bs) (Entered: 01/27/2022)	Jan. 27, 2022	Jan. 27, 2022 PACER
98	REPLY BRIEF re 81 First MOTION for Preliminary Injunction filed by Russel "Joey" Jennings.(York, Thomas) (Entered: 01/28/2022)	Jan. 28, 2022	Jan. 28, 2022 PACER
99	BRIEF IN OPPOSITION re 19 MOTION to Certify Class filed by Kristin Ahrens, Mark J. Georgetti, Teresa D. Miller, Pennsylvania Department of Human Services, Pennsylvania Office of Development Programs, Polk Center, Sue Rodgers, White Haven Center, Tom Wolf. (Attachments: # 1 Exhibit(s) A Ahrens Declaration, # 2 Exhibit(s) B Dressler Declaration, # 3 Exhibit(s) C Second Dressler Declaration)(Boland, Nicole) (Entered: 01/31/2022)	Jan. 31, 2022	Jan. 31, 2022 PACER
100	ORDER granting 96 joint motion for modification of sched. order. Expert Report is due by 3/7/2022. (See order for details). Signed by Honorable Malachy E Mannion on 2/1/22 (bs) (Entered: 02/02/2022)	Feb. 1, 2022	Feb. 1, 2022 PACER