Case: Z.M. v. Baker

3:18-cv-01370 | U.S. District Court for the District of South Carolina

Filed Date: May 18, 2018

Closed Date: May 26, 2021

Clearinghouse coding complete

Case Summary

This is a case about whether South Carolina is required to provide proper therapy to children with Autism Spectrum Disorder (ASD) on Medicaid. On May 18, 2018, a child diagnosed with ASD and prescribed applied behavioral analytics treatment filed this putative class-action lawsuit in the United States District Court for the District of South Carolina. The plaintiff sued the Director of the South Carolina Department of Health and Human Services under 42 U.S.C. § 1983. Represented by private coun…

This is a case about whether South Carolina is required to provide proper therapy to children with Autism Spectrum Disorder (ASD) on Medicaid. On May 18, 2018, a child diagnosed with ASD and prescribed applied behavioral analytics treatment filed this putative class-action lawsuit in the United States District Court for the District of South Carolina. The plaintiff sued the Director of the South Carolina Department of Health and Human Services under 42 U.S.C. § 1983. Represented by private counsel, the plaintiff sought to enjoin South Carolina to provide him with necessary treatment. The plaintiff alleged that the agency that administers South Carolina’s Medicaid program violated his rights under Title XIX of the Social Security Act and several sections of the Medicaid Act, which provide that state Medicaid plans must provide “early and periodic screen, diagnostic, and treatment services” for eligible individuals with reasonable promptness. The case was assigned to Judge J. Michelle Child.

Approximately two and a half years before the filing of this lawsuit, the plaintiff was diagnosed with ASD and prescribed applied behavioral analysis treatment by a licensed physician. Applied behavioral analysis treatment is a widely accepted treatment for ASD, however, it requires regular and lengthy sessions with trained providers. After that treatment was authorized on November 10, 2015 by the South Carolina Department of Health and Human Services, the plaintiff was placed on a waiting list to receive applied behavioral analysis treatment, where he continued to remain almost three years later. The plaintiff’s mother had no way of affording this treatment other than through Medicaid. The plaintiff also alleged that over 1,000 other South Carolina children with ASD who received healthcare through Medicaid faced long waits for treatment. In his complaint, the plaintiff alleged that this was due to South Carolina’s low payments for the services in question under Medicaid, which led to a dearth of providers willing to accept patients like the plaintiff.

The defendant moved the court to dismiss the case on July 3, 2018. On July 24, 2018, the plaintiff filed an amended complaint, omitting the allegations that South Carolina’s Medicaid rates for the services in question were inadequate, but requesting the same relief.

In January 2021, the court stayed the case at the request of the parties to allow them to conduct mediation. That mediation appears to have been successful: on May 21, 2021 the parties stipulated to the dismissal of the case without prejudice. If the parties entered into a settlement, its existence or terms are not publicly available. The case is now closed.

 

Summary Authors

Jonah Hudson-Erdman (9/15/2020)

Jonah Hudson-Erdman (4/7/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/13475063/parties/zm-v-baker/


Judge(s)

Childs, Julianna Michelle (South Carolina)

Attorneys(s) for Plaintiff

Jackson, J. Derrick (South Carolina)

Ward, Tobias Gavin Jr, (South Carolina)

Attorneys(s) for Defendant

Wlodarczyk, Damon C. (South Carolina)

Judge(s)

Childs, Julianna Michelle (South Carolina)

Attorneys(s) for Plaintiff

Jackson, J. Derrick (South Carolina)

Ward, Tobias Gavin Jr, (South Carolina)

Attorneys(s) for Defendant

Wlodarczyk, Damon C. (South Carolina)

Documents in the Clearinghouse

Document

3:13-cv-01370

Docket [PACER]

Sept. 1, 2020

Sept. 1, 2020

Docket
1

3:18-cv-01370

Complaint for Declaratory and Injunctive Relief

May 18, 2018

May 18, 2018

Complaint
14

3:18-cv-01370

Amended Complaint for Declaratory and Injunctive Relief

July 24, 2018

July 24, 2018

Pleading / Motion / Brief

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/13475063/zm-v-baker/

Last updated June 4, 2022, 3 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Joshua Baker ( Filing fee $ 400 receipt number 0420-7789127.), filed by Z M. Service due by 8/16/2018(asni, ) additional attachment entry 5 added on 6/1/2018 (asni, ). (Entered: 05/21/2018)

May 18, 2018

May 18, 2018

Clearinghouse
2

Summons Issued as to Joshua Baker. (asni, ) (Entered: 05/21/2018)

May 18, 2018

May 18, 2018

PACER
3

Local Rule 26.01 Answers to Interrogatories by Z M.(asni, ) (Entered: 05/21/2018)

May 18, 2018

May 18, 2018

PACER
5

Additional Attachments to Main Document 1 Complaint. First attachment description: Exhibit 1 Medicaid RBT Rates Chart. (Ward, Tobias) (Entered: 06/01/2018)

June 1, 2018

June 1, 2018

PACER
6

SUMMONS Returned Executed by Z M. Joshua Baker served on 5/24/2018, answer due 6/14/2018. refiled by the clerk to correct event type. (asni, ) (Entered: 06/01/2018)

June 1, 2018

June 1, 2018

PACER
9

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Joshua Baker. Response to Motion due by 7/17/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Wlodarczyk, Damon) (Entered: 07/03/2018)

July 3, 2018

July 3, 2018

PACER
10

Local Rule 26.01 Answers to Interrogatories by Joshua Baker.(Wlodarczyk, Damon) (Entered: 07/03/2018)

July 3, 2018

July 3, 2018

PACER
12

Consent MOTION for Extension of Time to File Response/Reply as to 9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Z M. Response to Motion due by 7/27/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Ward, Tobias) (Entered: 07/13/2018)

July 13, 2018

July 13, 2018

PACER
13

TEXT ORDER granting 12 Motion for Extension of Time to File Response/Reply re 9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Response to Motion due by 7/31/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. Signed by Honorable J Michelle Childs on 7/13/2018.(asni, ) (Entered: 07/13/2018)

July 13, 2018

July 13, 2018

PACER
14

AMENDED COMPLAINT against All Defendants, filed by Z M. Service due by 10/22/2018 (Ward, Tobias) (Entered: 07/24/2018)

July 24, 2018

July 24, 2018

Clearinghouse
15

RESPONSE in Opposition re 9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Response filed by Z M.Reply to Response to Motion due by 8/7/2018 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Ward, Tobias) (Entered: 07/31/2018)

July 31, 2018

July 31, 2018

PACER
16

ANSWER to 14 Amended Complaint by Joshua Baker.(Wlodarczyk, Damon) (Entered: 08/07/2018)

Aug. 7, 2018

Aug. 7, 2018

PACER
20

Withdrawal of Motions: 9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Joshua Baker.. (Wlodarczyk, Damon) (Entered: 10/16/2018)

Oct. 16, 2018

Oct. 16, 2018

PACER
22

CONFERENCE AND SCHEDULING ORDER Rule 26(f) Conference Deadline 11/5/2018, 26(a) Initial Disclosures due by 11/19/2018, Rule 26 Report due by 11/19/2018, Motions to Amend Pleadings due by 12/31/2018, Plaintiffs ID of Expert Witness due by 1/30/2019, Defendants ID of Expert Witnesses Due by 3/1/2019, Records Custodian Affidavit due by 3/1/2019, Discovery due by 4/1/2019, Motion in Limine due by 7/5/2019, Motions due by 4/15/2019, Rule 26(a)(3) Disclosures due by 7/5/2019, Pretrial Briefs due by 7/30/2019, Bench Trial Deadline 8/6/2019, Signed by Honorable J Michelle Childs on 10/16/2018. (asni, ) (Entered: 10/16/2018)

Oct. 16, 2018

Oct. 16, 2018

PACER
23

MEDIATION ORDER Mediation Due by 4/8/2019, Signed by Honorable J Michelle Childs on 10/16/2018. (asni, ) (Entered: 10/16/2018)

Oct. 16, 2018

Oct. 16, 2018

PACER
27

Joint Rule 26(f) Report by Joshua Baker.(Wlodarczyk, Damon) (Entered: 11/19/2018)

Nov. 19, 2018

Nov. 19, 2018

PACER
28

DISCOVERY REPORT Joint by Joshua Baker.(Wlodarczyk, Damon) (Entered: 11/19/2018)

Nov. 19, 2018

Nov. 19, 2018

PACER
29

Joint Local Rule 26.03 Answers to Interrogatories by Joshua Baker.(Wlodarczyk, Damon) (Entered: 11/19/2018)

Nov. 19, 2018

Nov. 19, 2018

PACER
30

AMENDED CONFERENCE AND SCHEDULING ORDER Motions to Amend Pleadings due by 3/1/2019, Plaintiffs ID of Expert Witness due by 4/1/2019, Defendants ID of Expert Witnesses Due by 4/30/2019, Records Custodian Affidavit due by 4/30/2019, Discovery due by 5/31/2019, Motion in Limine due by 9/3/2019, Motions due by 6/14/2019, Rule 26(a)(3) Disclosures due by 9/3/2019, Pretrial Briefs due by 9/30/2019, Jury Selection Deadline 10/7/2019, Mediation Due by 7/12/2019, Signed by Honorable J Michelle Childs on 11/19/2018. (asni, ) (Entered: 11/19/2018)

Nov. 19, 2018

Nov. 19, 2018

PACER
32

Joint MOTION to Amend/Correct 30 Scheduling Order,, by Joshua Baker. Response to Motion due by 3/15/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Proposed Order Second Amended Scheduling Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Wlodarczyk, Damon) (Entered: 03/01/2019)

March 1, 2019

March 1, 2019

PACER
33

SECOND AMENDED SCHEDULING ORDER( Motions to Amend Pleadings due by 5/1/2019, Plaintiffs ID of Expert Witness due by 6/3/2019, Defendants ID of Expert Witnesses Due by 7/1/2019, Records Custodian Affidavit due by 7/1/2019, Discovery due by 7/31/2019, Motion in Limine due by 11/4/2019, Motions due by 8/14/2019, Rule 26(a)(3) Disclosures due by 11/4/2019, Pretrial Briefs due by 12/2/2019, Jury Selection Deadline 12/9/2019, Mediation Due by 9/12/2019) granting 32 Joint MOTION to Amend/Correct 30 Scheduling Order. Signed by Honorable J Michelle Childs on 3/4/2019. (asni, ) (Entered: 03/04/2019)

March 4, 2019

March 4, 2019

PACER
35

MOTION to Amend/Correct 33 Scheduling Order,,, Terminate Motions,, by Z M. Response to Motion due by 6/17/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Proposed Order Third Amended Scheduling Order)No proposed order.(Ward, Tobias) (Entered: 06/03/2019)

June 3, 2019

June 3, 2019

PACER
37

THIRD AMENDED SCHEDULING ORDER ( Plaintiffs ID of Expert Witness due by 8/2/2019, Defendants ID of Expert Witnesses Due by 8/30/2019, Records Custodian Affidavit due by 8/30/2019, Discovery due by 9/30/2019, Motion in Limine due by 1/3/2020, Motions due by 10/14/2019, Rule 26(a)(3) Disclosures due by 1/3/2020, Pretrial Briefs due by 1/31/2020, Bench Trial Deadline 2/7/2020, Mediation Due by 11/11/2019) granting 35 MOTION to Amend/Correct 33 Scheduling Order. Signed by Honorable J Michelle Childs on 6/4/2019. (asni, ) (Entered: 06/04/2019)

June 4, 2019

June 4, 2019

PACER
38

PLAINTIFF'S ID OF EXPERT WITNESSES by Z M.(Ward, Tobias) (Entered: 08/01/2019)

Aug. 1, 2019

Aug. 1, 2019

PACER
39

PLAINTIFF'S ID OF EXPERT WITNESSES Supplemental by Z M. (Attachments: # 1 Supporting Documents Curriculm Vitae)(Ward, Tobias) (Entered: 08/08/2019)

Aug. 8, 2019

Aug. 8, 2019

PACER
40

PLAINTIFF'S ID OF EXPERT WITNESSES Supplemental 2nd by Z M. (Attachments: # 1 Supporting Documents Curriculm Vitae)(Ward, Tobias) (Entered: 08/19/2019)

Aug. 19, 2019

Aug. 19, 2019

PACER
41

Joint MOTION to Amend/Correct 37 Scheduling Order,,, Terminate Motions,, by Joshua Baker. Response to Motion due by 9/12/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Wlodarczyk, Damon) (Entered: 08/29/2019)

Aug. 29, 2019

Aug. 29, 2019

PACER
42

FOURTH AMENDED SCHEDULING ORDER ( Plaintiffs ID of Expert Witness due by 11/28/2019, Defendants ID of Expert Witnesses Due by 12/31/2019, Discovery due by 2/28/2020, Motion in Limine due by 5/15/2020, Motions due by 3/16/2020, Rule 26(a)(3) Disclosures due by 4/13/2020, Jury Selection Deadline 6/18/2020, Mediation Due by 3/27/2020) granting 41 Joint MOTION to Amend/Correct 37 Scheduling Order. Signed by Honorable J Michelle Childs on 9/3/2019. (asni, ) (Entered: 09/03/2019)

Sept. 3, 2019

Sept. 3, 2019

PACER
44

PLAINTIFF'S ID OF EXPERT WITNESSES Supplemented by Z M.(Ward, Tobias) (Entered: 11/26/2019)

Nov. 26, 2019

Nov. 26, 2019

PACER
47

MOTION to Amend/Correct 42 Scheduling Order,,, Terminate Motions,, by Z M. Response to Motion due by 3/30/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Proposed Order Amended Scheduling Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Ward, Tobias) (Entered: 03/16/2020)

March 16, 2020

March 16, 2020

PACER
48

FIFTH AMENDED SCHEDULING ORDER ( Motions due by 6/15/2020, Mediation Due by 7/15/2020) granting 47 MOTION to Amend/Correct 42 Scheduling Order. If mediation or the dispositive motions do not resolve the case, the parties will submit an amended proposed Scheduled Order setting forth the deadlines for pre-trial disclosures and motions in limine for the non-jury trial. Signed by Honorable J Michelle Childs on 3/17/2020. (asni, ) (Entered: 03/17/2020)

March 17, 2020

March 17, 2020

PACER
50

Joint MOTION to Amend/Correct 48 Scheduling Order,, Terminate Motions, by Joshua Baker. Response to Motion due by 6/29/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. Proposed order is being emailed to chambers with copy to opposing counsel.(Wlodarczyk, Damon) (Entered: 06/15/2020)

June 15, 2020

June 15, 2020

PACER
51

SIXTH AMENDED SCHEDULING ORDER ( Motions due by 9/1/2020, Mediation Due by 10/2/2020) GRANTING 50 Joint MOTION to Amend/Correct 48 Scheduling Order. Signed by Honorable J Michelle Childs on 6/15/2020. (asni, ) (Entered: 06/15/2020)

June 15, 2020

June 15, 2020

PACER
53

MOTION to Stay re 51 Scheduling Order,, Terminate Motions, Dispositive Motion Deadline by Joshua Baker. Response to Motion due by 9/15/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Wlodarczyk, Damon) (Entered: 09/01/2020)

Sept. 1, 2020

Sept. 1, 2020

PACER
62

TEXT ORDER: The parties have advised the court that they are conducting mediation in this case. As a result, the court entered a stay for the filing of dispositive motions until after mediation. The court revises that order such that the stay will remain in place no longer than February 19, 2021. Signed by Honorable J Michelle Childs on 1/20/2021. (asni, ) (Entered: 01/20/2021)

Jan. 20, 2021

Jan. 20, 2021

PACER
64

NOTICE of Hearing: Status Conference set for 3/22/2021 09:30 AM before Honorable J Michelle Childs. This hearing will be conducted by telephone. Plaintiff's counsel shall initiate the call and have all parties on the line prior to contacting the court at 803-765-6475.(asni, ) (Entered: 03/18/2021)

March 18, 2021

March 18, 2021

PACER
65

Minute Entry. Proceedings held before Honorable J Michelle Childs: Status Conference held on 3/22/2021 via telephone conference. Parties to file petition within 30 days. Court Reporter Kathleen Richardson. (kbos) (Entered: 03/22/2021)

March 22, 2021

March 22, 2021

PACER
67

Letter from J. Derrick Jackson. (Jackson, J) (Entered: 04/21/2021)

April 21, 2021

April 21, 2021

PACER
68

MOTION for Extension of Time by Z M. Response to Motion due by 5/5/2021. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Jackson, J) (Entered: 04/21/2021)

April 21, 2021

April 21, 2021

PACER
69

TEXT ORDER granting 68 MOTION for Extension of Time to File Petition for Attorney's Fees and Costs due by April 30, 2021 ( Specific Document due by 4/30/2021). Signed by Honorable J Michelle Childs on 4/22/2021. (asni, ) (Entered: 04/22/2021)

April 22, 2021

April 22, 2021

PACER
70

Letter from J. Derrick Jackson. (Jackson, J) (Entered: 04/30/2021)

April 30, 2021

April 30, 2021

PACER
72

STIPULATION of Dismissal without prejudice by Z M. (Jackson, J) (Entered: 05/26/2021)

May 26, 2021

May 26, 2021

RECAP

Case Details

State / Territory: South Carolina

Case Type(s):

Public Benefits/Government Services

Key Dates

Filing Date: May 18, 2018

Closing Date: May 26, 2021

Case Ongoing: No

Plaintiffs

Plaintiff Description:

South Carolina residents a) receiving health benefits insured by Medicaid; b) professionally diagnosed with ASD; c) prescribed or recommended applied behavioral analysis treatment as being medically necessary by a physician ; d) recipient of an Authorization Letter by South Carolina Department of Health and Human Services for analysis therapy; and e) not currently receiving analysis therapy after attempting to apply for such services.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

Director (Columbia, Richland), State

Defendant Type(s):

Hospital/Health Department

Law-enforcement

Case Details

Causes of Action:

42 U.S.C. § 1983

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

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Unknown

Nature of Relief:

Unknown

Source of Relief:

Settlement

Issues

General:

Government Services

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

Disability:

Mental impairment

Benefit Source:

Medicaid