Case: Disability Law Center v. North Star Behavioral Health System

Disability Law Center of Alaska, Inc. v. North Star Behavioral Health System

Disability Law Center of Alaska, Inc. v. North Star Behavioral Health System

Disability Law Center of Alaska, Inc. v. North Star Behavioral Health System

Disability Law Center of Alaska, Inc. v. North Star Behavioral Health System

Disability Law Center of Alaska, Inc. v. North Star Behavioral Health System

COMPLAINT against North Star Behavioral Health System (Filing fee $ 350/00130273), filed by Disability Law Center of Alaska Inc.(SMF, COURT STAFF) (Entered: 04/30/2007)

Summons Issued as to North Star Behavioral Health System. (PXS, COURT STAFF)

SUMMONS Returned Executed by Disability Law Center of Alaska Inc.. North Star Behavioral Health System served on 5/11/2007, answer due 5/31/2007. (Johanknecht, Holly) (Entered: 05/21/2007)

SUMMONS Returned Executed by Disability Law Center of Alaska Inc.. North Star Behavioral Health System served on 5/16/2007, answer due 6/5/2007. (Johanknecht, Holly) (Entered: 05/21/2007)

ANSWER to Complaint by North Star Behavioral Health System.(Johnson, Linda) (Entered: 05/31/2007)

NOTICE of Appearance by Linda J. Johnson on behalf of North Star Behavioral Health System (Johnson, Linda) (Entered: 06/01/2007)

STATUS REPORT ORDER (16b); Status Report due by 7/5/2007. (RMC, COURT STAFF) (Entered: 06/06/2007)

Joint MOTION for Extension of Time to File Scheduling and Planning Report by Disability Law Center of Alaska Inc.. (Attachments: # 1 Proposed Order)(Johanknecht, Holly) (Entered: 07/05/2007)

ORDER granting 8 Joint MOTION for Extension of Time to File Scheduling and Planning Report; Status Report due by 7/13/07. Signed by Judge John W. Sedwick on 7/9/07. (RMC, COURT STAFF) (Entered: 07/09/2007)

REPORT of Rule 26(f) Planning Meeting. (Johanknecht, Holly) (Entered: 07/13/2007)

MOTION for Preliminary Injunction and Declaratory Relief by Disability Law Center of Alaska Inc.. (Attachments: # 1 Proposed Order)(Johanknecht, Holly) (Entered: 07/27/2007)

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2 Proposed Order

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MEMORANDUM by Disability Law Center of Alaska Inc. 11 MOTION for Preliminary Injunction and Declaratory Relief filed by Disability Law Center of Alaska Inc.. (Johanknecht, Holly) (Entered: 07/27/2007)

SCHEDULING ORDER: Discovery due by 10/31/2007. Dispositive Motions due by 12/3/2007. Signed by Judge John W. Sedwick on 8/2/07. (GMM, COURT STAFF) (Entered: 08/02/2007)

MOTION to Continue Rule 56(f) by North Star Behavioral Health System. (Attachments: # 1 Proposed Order Granting Rule 56(f) Continuance)(Johnson, Linda) (Entered: 08/08/2007)

Witness List by North Star Behavioral Health System. (Johnson, Linda) (Entered: 08/13/2007)

RESPONSE in Opposition re 14 MOTION to Continue Rule 56(f) filed by Disability Law Center of Alaska Inc.. (Attachments: # 1 Proposed Order)(Johanknecht, Holly) (Entered: 08/15/2007)

REPLY to Response to Motion re 14 MOTION to Continue Rule 56(f) Reply to Opposition to Motion for Rule 56(f) Continuance filed by North Star Behavioral Health System. (Johnson, Linda) (Entered: 08/20/2007)

JWS TEXT ORDER granting 14 Motion to Continue: At docket 14, defendant has filed a motion for additional time to respond to the motion at docket 11 seeking a preliminary injunction. The motion is opposed and has been fully briefed. Whether or not the motion at docket 14 is correctly characterized as a motion pursuant to Rule 56(f) or simply as a motion to enlarge time, the court concludes that the motion at docket 14 has merit. The issues raised in the motion at docket 11 are complex, and defendant deserves an opportunity to explore the facts and prepare a thorough opposition. The motion at docket 14 is GRANTED as follows: Defendant shall have until November 5, 2007, in which to file a response to the motion at docket 11. (GMM, COURT STAFF) (Entered: 08/31/2007)

MOTION to Compel Production of Documents by North Star Behavioral Health System. (Attachments: # 1 Exhibit Exhibit A# 2 Exhibit Exhibit B# 3 Exhibit Exhibit C# 4 Exhibit Exhibit D# 5 Exhibit Exhibit E)(Johnson, Linda) (Entered: 11/02/2007)

MOTION for Extension of Time to File Response/Reply as to 11 MOTION for Preliminary Injunction and Declaratory Relief by North Star Behavioral Health System.(Johnson, Linda) Modified on 11/7/2007 to reflect error: Electronically submitted proposed orders must be attached to the motion to which it refers; Correction: Attorney to file a Notice (Other) and attach the proposed order and link to dkt 20. (RMC, COURT STAFF). (Entered: 11/02/2007)

Docket Annotation: Error: re 20 MOTION for Extension of Time to File Response/Reply; Electronically submitted proposed orders must be attached to the motion to which it refers; Correction: Attorney to file a Notice (Other) and attach the proposed order and link to dkt 20. (RMC, COURT STAFF)

RESPONSE in Opposition re 19 MOTION to Compel Production of Documents filed by Disability Law Center of Alaska Inc.. (Johanknecht, Holly) (Entered: 11/06/2007)

REPLY to Response to Motion re 19 MOTION to Compel Production of Documents filed by North Star Behavioral Health System. (Johnson, Linda) (Entered: 11/08/2007)

JUDGE SEDWICK TEXT ORDER re: 20 Motion for Extension of Time to File Response/Reply: Defendant's motion at docket 20 for an extension of time in which to file its response to plaintiff's motion for declaratory relief and preliminary injunction until 10 days after the court rules on the motion to compel at docket 19 is GRANTED as follows: The response shall be due 10 days after the court rules on the motion at docket 19 if that motion is denied, and shall be due 10 days after plaintiff produces any documents it is required to produce if the court grants that motion in whole or in part. (GMM, COURT STAFF) (Entered: 01/08/2008)

ORDER denying 19 Motion to Compel. Signed by Judge John W. Sedwick on 3/3/08. North Stars response to the motion at docket 11 is due no later than March 17, 2008 (slightly earlier than under the order at docket 23 which is modified accordingly). Any reply shall be filed not later than March 21, 2008; and if oral argument on the motion at docket 11 is requested it will be heard at 8:30 AM on March 25, 2008. Argument will be limited to 15 minutes per side. Any attorney not in Anchorage on that date may participate telephonically. The court will not approve any enlargement of the above schedule. (GMM, COURT STAFF) (Entered: 03/03/2008)

MOTION for Leave to File Excess Pages by North Star Behavioral Health System. (Attachments: # 1 Proposed Order Proposed Order Accepting Overlength Motion# 2 Exhibit Proposed Opposition to Motion for Declaratory Relief and Preliminary Injunction (overlentgh)# 3 Affidavit Affidavit of Laura McKenzie w/ Exhibits A-C)(Johnson, Linda) (Entered: 03/17/2008)

NOTICE of Non Opposition by Disability Law Center of Alaska Inc. re 25 MOTION for Leave to File Excess Pages (Johanknecht, Holly) (Entered: 03/18/2008)

JUDGE SEDWICK TEXT ORDER re 25 Motion for Leave to File Excess Pages: The motion to file overlength response brief at docket 25 is GRANTED. The response brief which was attached as an exhibit to the motion is deemed to have been timely submitted on March 17, 2008; however, defendant shall immediately FILE the lodged response brief. As stated in the court's order at docket 24, any reply shall be filed not later than March 21, 2008. (GMM, COURT STAFF) (Entered: 03/18/2008)

RESPONSE in Opposition re 11 MOTION for Preliminary Injunction and Declaratory Relief, 20 MOTION for Extension of Time to File Response/Reply as to 11 MOTION for Preliminary Injunction and Declaratory Relief MOTION for Extension of Time to File Response/Reply as to 11 MOTION for Preliminary Injunction and Declaratory Relief, 25 MOTION for Leave to File Excess Pages filed by North Star Behavioral Health System. (Johnson, Linda) (Entered: 03/18/2008)

AFFIDAVIT of Laura McKenzie with attached exhibits re 28 Response in Opposition to Motion, by North Star Behavioral Health System. (Johnson, Linda) (Entered: 03/18/2008)

MOTION for Hearing re 28 Response in Opposition to Motion, by North Star Behavioral Health System.(Johnson, Linda) (Entered: 03/18/2008)

Notice to Counsel re 28 Response in Opposition to Motion, filed by North Star Behavioral Health System. A review of the document submitted at dkt 28 confirms that it is over 25 pages in length. If a COURTESY paper copy of the pleading has not been forwarded to the Court, counsel is reminded that, pursuant to D.Ak.LR 10.1(b) and the Administrative Policies and Procedures, you are required to provide the court with a COURTESY paper copy of your filing at dkt 28. The COURTESY paper copy must be attached to a copy of the Notice of Electronic Filing and must be printed with the ECF pdf header on each page. (PXS, COURT STAFF) (Entered: 03/19/2008)

NOTICE of Non Opposition by Disability Law Center of Alaska Inc. re 30 MOTION for Hearing re 28 Response in Opposition to Motion, (Johanknecht, Holly) (Entered: 03/20/2008)

MOTION for Leave to File Excess Pages by Disability Law Center of Alaska Inc.. (Attachments: # 1 Proposed Order # 2 Exhibit A)(Johanknecht, Holly) (Entered: 03/21/2008)

RESPONSE to Motion (Non-Opposition) re 33 MOTION for Leave to File Excess Pages filed by North Star Behavioral Health System. (Johnson, Linda) (Entered: 03/21/2008)

JUDGE SEDWICK TEXT ORDER re 33 Motion for Leave to File Excess Pages: The motion to file overlength brief at docket 33 is GRANTED. Plaintiff shall file the lodged document as soon as possible. (GMM, COURT STAFF) (Entered: 03/24/2008)

REPLY to Response to Motion re 30 MOTION for Hearing re 28 Response in Opposition to Motion, filed by Disability Law Center of Alaska Inc.. (Johanknecht, Holly) (Entered: 03/24/2008)

Minute Entry for proceedings held before Judge John W. Sedwick : Oral Argument on Motion for Preliminary Injunction (Dkt 11 ) held on 3/25/2008. Matter taken UNDER ADVISEMENT, written ruling to issue.(Court Recorder AMK.)Plaintiff Counsel-Holly Johanknecht and Megan Allison; Defense Counsel-Linda Johnson; (AMK, COURT STAFF) (Entered: 03/25/2008)

ORDER granting 11 Motion for Preliminary Injunction. DLCA has a right under PAIMI to access the requested documents in possession of North Star; North Star is to provide the requested documents to DLCA for review within 10 days from the date of this order; counsel shall confer and within 30 days from the date of this order either file a jointly suggested form of judgment or a joint status conference indicating what steps need to be completed before judgment can be entered. Signed by Judge John W. Sedwick on 3/27/08. (GMM, COURT STAFF) (Entered: 03/27/2008)

MOTION to Stay re 38 Order on Motion for Preliminary Injunction,, EXPEDITED CONSIDERATION by North Star Behavioral Health System. (Attachments: # 1 Proposed Order Proposed Order on Motion For Stay)(Johnson, Linda) Modified on 4/8/2008 to reflect error: A review of dkt 39 indicates that it was filed on shortened time. Counsel did not contact the clerk's office as required by D.Ak.LR5.3(e)(3)(B). Counsel will comply with local rules in teh future. The Judicial Officer has been notified of this filing.(RMC, COURT STAFF). (Entered: 04/07/2008)

MOTION to Expedite EXPEDITED CONSIDERATION by North Star Behavioral Health System. (Attachments: # 1 Proposed Order Proposed Order re Expedited Motion to Stay# 2 Affidavit Affidavit of Linda Johnson)(Johnson, Linda) Modified on 4/8/2008 to reflect error: A review of dkt 40 indicates that it was filed on shortened time. Counsel did not contact the clerk's office as required by D.Ak.LR5.3(e)(3)(B). Counsel will comply with local rules in the future. The Judicial Officer has been notified of this filing, also the Affidavit should have been filed as a separate document; Correction: Attorney to refile the Affidavit as a separate document using the event "Affidavit" and link to the motion at dkt 40. create relationship to dkt 39.(RMC, COURT STAFF). (Entered: 04/07/2008)

MOTION for Leave to Appeal EXPEDITED CONSIDERATION by North Star Behavioral Health System. (Attachments: # 1 Proposed Order Order re: Application for interlocutory appeal)(Johnson, Linda) Modified on 4/8/2008 to reflect error: A review of dkt 41 indicates that it was filed on shortened time. Counsel did not contact the clerk's office as required by D.Ak.LR5.3(e)(3)(B). Counsel will comply with local rules in the future. The Judicial Officer has been notified of this filing. create relationship to dkt 38. (RMC, COURT STAFF). (Entered: 04/07/2008)

MOTION to Expedite EXPEDITED CONSIDERATION by North Star Behavioral Health System. (Attachments: # 1 Affidavit Affidavit of Linda Johnson# 2 Proposed Order Proposed Order re: Expedited Application for interlocutory appeal)(Johnson, Linda) Modified on 4/8/2008 to reflect error: A review of dkt 42 indicates that it was filed on shortened time. Counsel did not contact the clerk's office as required by D.Ak.LR5.3(e)(3)(B). Counsel will comply with local rules in the future. The Judicial Officer has been notified of this filing, also the Affidavit should have been filed as a separate document; Correction: Attorney to refile the Affidavit as a separate document using the event "Affidavit" and link to the motion at dkt 42. create relationship to dkt 41.(RMC, COURT STAFF). (Entered: 04/07/2008)

Docket Annotation: Error: re 39 MOTION to Stay re 38 Order on Motion for Preliminary Injunction; A review of dkt 39 indicates that it was filed on shortened time. Counsel did not contact the clerk's office as required by D.Ak.LR5.3(e)(3)(B). Counsel will comply with local rules in teh future. The Judicial Officer has been notified of this filing.(RMC, COURT STAFF)

Docket Annotation: Error: re 40 MOTION to Expedite EXPEDITED CONSIDERATION; A review of dkt 40 indicates that it was filed on shortened time. Counsel did not contact the clerk's office as required by D.Ak.LR5.3(e)(3)(B). Counsel will comply with local rules in the future. The Judicial Officer has been notified of this filing, also the Affidavit should have been filed as a separate document; Correction: Attorney to refile the Affidavit as a separate document using the event "Affidavit" and link to the motion at dkt 40. (RMC, COURT STAFF)

Docket Annotation: Error: re 42 MOTION to Expedite EXPEDITED CONSIDERATION; A review of dkt 42 indicates that it was filed on shortened time. Counsel did not contact the clerk's office as required by D.Ak.LR5.3(e)(3)(B). Counsel will comply with local rules in the future. The Judicial Officer has been notified of this filing, also the Affidavit should have been filed as a separate document; Correction: Attorney to refile the Affidavit as a separate document using the event "Affidavit" and link to the motion at dkt 42. (RMC, COURT STAFF)

Docket Annotation: Error: re 41 MOTION for Leave to Appeal EXPEDITED CONSIDERATION; A review of dkt 41 indicates that it was filed on shortened time. Counsel did not contact the clerk's office as required by D.Ak.LR5.3(e)(3)(B). Counsel will comply with local rules in the future. The Judicial Officer has been notified of this filing. (RMC, COURT STAFF)

JWS ORDER: The motions to expedite consideration at dockets 40 and 42 are GRANTED as follows: Plaintiff will please respond to the motions filed by defendant at dockets 39 and 41 on or before April 11, 2008. (RMC, COURT STAFF) (Entered: 04/08/2008)

JWS ORDER re 43 Order on Motion to Expedite; In an earlier order the court established April 11, 2008, as the due date for plaintiff's response to the motions at dockets 39 and 41 . The court hereby adds the following to that order: No reply may be filed unless requested by the court. (RMC, COURT STAFF) (Entered: 04/08/2008)

AFFIDAVIT of Linda J. Johnson by North Star Behavioral Health System. (Johnson, Linda) Modified on 4/8/2008 Create relationship to document #40 (NKD, COURT STAFF). (Entered: 04/08/2008)

RESPONSE in Opposition re 41 MOTION for Leave to Appeal EXPEDITED CONSIDERATION filed by Disability Law Center of Alaska Inc.. (Johanknecht, Holly) (Entered: 04/10/2008)

RESPONSE in Opposition re 39 MOTION to Stay re 38 Order on Motion for Preliminary Injunction,, EXPEDITED CONSIDERATION MOTION to Stay re 38 Order on Motion for Preliminary Injunction,, EXPEDITED CONSIDERATION MOTION to Stay re 38 Order on Motion for Preliminary Injunction,, EXPEDITED CONSIDERATION filed by Disability Law Center of Alaska Inc.. (Johanknecht, Holly) (Entered: 04/10/2008)

ORDER granting 39 Motion to Stay; the requirement in the Order that North Star provide documents to DLCA is STAYED until the earlier of twenty (20) days after the filing in this court of the Court of Appeals' mandate if this court's decision is affirmed on appeal, or until twenty (20) days after the time has run for North Star to file its Notice of Appeal, in the event that North Star fails to file a timely Notice of Appeal; Upon examination of the file, if it is clear that nothing remains to address with respect to the merits of this case. Accordingly, The Clerk of Court is diercted to prepare a final judgment as directed. Given that the court will shortly enter a final judgment from which North Star can appeal the Motion at 4 Motion for Leave to take Interlocutory Appeal is denied as moot. cc: Appeals Clerk (DPM, COURT STAFF) (Entered: 04/21/2008)

JUDGMENT; is entered in favor of plaintiff DLCA as stated on judgment. Signed by Judge John W. Sedwick on 8/5/08. (RMC, COURT STAFF) (Entered: 08/05/2008)

BILL OF COSTS by Disability Law Center of Alaska Inc.. (Attachments: # 1 Receipts)(Allison, Megan) (Entered: 08/05/2008)