Case: E.S. v. State

1:18-cv-00008 | U.S. District Court for the District of Alaska

Filed Date: May 23, 2018

Closed Date: July 9, 2018

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Case Summary

The plaintiffs filed a lawsuit in state court to challenge the fair hearing decision on May 23, 2018.  The state removed the case to the US District Court, Federal District of Alaska on June 22, 2018.  The case was assigned to Judge H. Russel Holland.  Plaintiffs are two brothers each eligible for Alaska Medicaid waiver services, For years, they had each received 15 hours per week of individual day habilitation and 15 hours per week of group day habilitation services. Their services were reduced and the plaintiffs filed a fair hearing request.  The request was unsuccessful. The reason given was that Alaska had recently amended its waiver limiting day habilitation services to 12 hours per week, per year, unless more is “necessary to protect the recipient’s health and safety; and … prevent institutionalization.” The parties entered into a settlement agreement and the case was dismissed on July 9, 2018.

Summary Authors

NDRN (9/11/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/7260892/parties/es-v-state-of-alaska-department-of-health-and-social-services/


Attorney for Plaintiff

Cahoon, Joanna L. (Alaska)

Regan, Mark W. (Alaska)

Attorney for Defendant

Hildebrand, Alexander J. (Alaska)

Smith, Elizabeth Johnston (Alaska)

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Documents in the Clearinghouse

Document
1-1

1:18-cv-00008

Class Action Complaint for Temporary Restraining Order and Declaratory and Injunctive Relief

Alaska state trial court

June 22, 2018

June 22, 2018

Complaint
5

1:18-cv-00008

Plaintiff's Motion for Preliminary Injunction

June 27, 2018

June 27, 2018

Pleading / Motion / Brief
12

1:18-cv-00008

Settlement Agreement

July 6, 2018

July 6, 2018

Settlement Agreement

Docket

See docket on RECAP: https://www.courtlistener.com/docket/7260892/es-v-state-of-alaska-department-of-health-and-social-services/

Last updated Feb. 3, 2024, 3:03 a.m.

ECF Number Description Date Link Date / Link
1

NOTICE OF REMOVAL by All Defendants from Superior Court for the State of Alaska First Judicial District at Juneau, case number 1JU-18-00695CI. ( Filing fee $ 400), filed by All Defendants. (Attachments: # 1 Exhibit 1 (State Complaint), # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Hildebrand, Alexander) (Entered: 06/22/2018)

1 Exhibit 1 (State Complaint)

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2 Exhibit 2

View on PACER

3 Exhibit 3

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4 Exhibit 4

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5 Exhibit 5

View on PACER

June 22, 2018

June 22, 2018

PACER
2

Civil Cover Sheet. (Hildebrand, Alexander) (Entered: 06/22/2018)

June 22, 2018

June 22, 2018

PACER

Filing fee: $400, receipt number ANC014610. (PXS, COURT STAFF)

June 25, 2018

June 25, 2018

PACER
3

ORDER to Petitioner Subsequent to Removal: Service list due within 10 days. State Court documents due within 20 days. (PXS, COURT STAFF) (Entered: 06/25/2018)

June 25, 2018

June 25, 2018

PACER
4

ORDER OF RECUSAL: Chief Judge Timothy M. Burgess hereby recuses himself from the above-referenced case. Pursuant to the system of random case assignments, this action is reassigned to Senior Judge John W. Sedwick for all further proceedings. Please use the following case number on all future filings: 1:18-cv-00008-JWS. (RMC, COURT STAFF) (Entered: 06/26/2018)

June 26, 2018

June 26, 2018

PACER
5

MOTION for Preliminary Injunction by B.M., E.S., K.H.. (Attachments: # 1 Proposed Order, # 2 Exhibit 11, # 3 Exhibit 12, # 4 Exhibit 13)(Cahoon, Joanna) (Entered: 06/27/2018)

1 Proposed Order

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2 Exhibit 11

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3 Exhibit 12

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4 Exhibit 13

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June 27, 2018

June 27, 2018

Clearinghouse
6

MEMORANDUM in Support of Preliminary Injunction by B.M., E.S., K.H. 5 MOTION for Preliminary Injunction filed by K.H., B.M., E.S.. (Attachments: # 1 Affidavit Howard, # 2 Affidavit Mattingly, # 3 Affidavit Stassel)(Cahoon, Joanna) (Entered: 06/27/2018)

1 Affidavit Howard

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2 Affidavit Mattingly

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3 Affidavit Stassel

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June 27, 2018

June 27, 2018

PACER
7

JUDGE SEDWICK TEXT ORDER: The assigned judge recuses from presiding in this case. The Clerk will please re-assign this case by random draw. (JLH, COURT STAFF) (Entered: 06/27/2018)

June 27, 2018

June 27, 2018

PACER
8

CLERK'S NOTICE: Based upon the random reassignment, this action is reassigned to the Honorable H. Russel Holland for all further proceeding. Please use the following case number on all future filing: 1:18-cv-00008-HRH. (JLH, COURT STAFF) (Entered: 06/27/2018)

June 27, 2018

June 27, 2018

PACER
9

First MOTION for Extension of Time to File Answer by Division of Senior and Disabilities Services, Duane Mayes, State of Alaska, Department of Health and Social Services. (Attachments: # 1 Proposed Order Proposed Order)(Smith, Elizabeth) (Entered: 06/29/2018)

June 29, 2018

June 29, 2018

PACER
10

ORDER granting 9 Motion for Extension of Time to Answer. Answers or other responsive pleading due 7/13/18. (JLH, COURT STAFF) (Entered: 07/02/2018)

July 2, 2018

July 2, 2018

PACER
11

NOTICE OF FILING STATE COURT SERVICE LIST by All Defendants (Smith, Elizabeth) (Entered: 07/05/2018)

July 5, 2018

July 5, 2018

PACER
12

MOTION to Dismiss Unopposed by B.M., E.S., K.H.. (Attachments: # 1 Exhibit A, # 2 Proposed Order)(Cahoon, Joanna) (Entered: 07/06/2018)

July 6, 2018

July 6, 2018

Clearinghouse
13

ORDER DISMISSING CASE: This case is dismissed with prejudice, the parties to bear their respective costs and attorney fees. The Court retains jurisdiction to enforce the settlement agreement. Signed by Judge H. Russel Holland on 7/9/18. (JLH, COURT STAFF) (Entered: 07/09/2018)

July 9, 2018

July 9, 2018

PACER

Case Details

State / Territory: Alaska

Case Type(s):

Disability Rights

Key Dates

Filing Date: May 23, 2018

Closing Date: July 9, 2018

Case Ongoing: No

Plaintiffs

Plaintiff Description:

individual plaintiffs

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

NDRN/Protection & Advocacy Organizations

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State of Alaska, State

Defendant Type(s):

Hospital/Health Department

Case Details

Causes of Action:

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

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Content of Injunction:

Preliminary relief request withdrawn/mooted

Issues

Disability and Disability Rights:

Mental impairment