Case: Georgia Advocacy Office v. Reece

1:15-cv-03372 | U.S. District Court for the Northern District of Georgia

Filed Date: Sept. 24, 2015

Closed Date: May 30, 2017

Clearinghouse coding complete

Case Summary

This is a case about a Protection and Advocacy (P&A) agency’s records access authority. On September 24, 2015, Georgia Advocacy Office (GAO), Georgia’s P&A, filed this lawsuit in the U.S. District Court for the Northern District of Georgia. GAO filed this lawsuit against the Commissioner of Georgia’s Department of Health (Department), in his official capacity, under the Developmental Disabilities Assistance and Bill of Rights Act (DD Act) and the Protection and Advocacy of Individual Rights Act…

This is a case about a Protection and Advocacy (P&A) agency’s records access authority. On September 24, 2015, Georgia Advocacy Office (GAO), Georgia’s P&A, filed this lawsuit in the U.S. District Court for the Northern District of Georgia. GAO filed this lawsuit against the Commissioner of Georgia’s Department of Health (Department), in his official capacity, under the Developmental Disabilities Assistance and Bill of Rights Act (DD Act) and the Protection and Advocacy of Individual Rights Act (PAIR Act). Represented by itself, GAO sought declaratory and injunctive relief requiring the Commissioner to provide the relevant records requested, as well as a permanent injunction requiring compliance with any future records requests under the DD Act and PAIR Act investigations authority. Judge Amy Mil Totenberg presided over this matter. 

GAO began an investigation in July 2015 after they established probable cause that a Department operated skilled nursing facility resident was sexually assaulted, and then determined probable cause that a resident at a different Department operated nursing facility was neglected in August 2015. Defendants responded to GAO’s complaint with a motion to dismiss that argued CMS regulations at 42 C.F.R. § 401.101 barred them from releasing the records GAO requested. On April 25 2016, the court denied their motion to dismiss, reasoning that this regulation only prevented record disclosures to the public, not P&As. 184 F.Supp.3d 1379. On August 30, 2016, the court granted GAO’s Motions for summary judgment and injunctive relief. The court required defendants provide GAO with the records they requested, as well as a permanent injunction that required they comply with all future records requests under the DD Act and PAIR Act. In September 2016, GAO filed a Motion for Attorney Fees. The court granted this motion on May 30, 2017, and awarded GAO $42,230 in attorney’s fees. Following this order, the court closed the case on May 30, 2017.

Summary Authors

NDRN (3/18/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/13334495/parties/georgia-advocacy-office-inc-v-reese/


Attorney for Plaintiff

D'Ambrosio, Katherine Leigh (Georgia)

Kegley, Julie Coleman (Georgia)

Norris, Joshua H. (Georgia)

Weber, Gerald R. (Georgia)

Attorney for Defendant

Harps, Calandra A. (Georgia)

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Documents in the Clearinghouse

Document
1

1:15-cv-03372

Complaint

Sept. 24, 2015

Sept. 24, 2015

Complaint
17

1:15-cv-03372

Plaintiff's Motion for Summary Judgment and Injunctive Relief

June 30, 2016

June 30, 2016

Pleading / Motion / Brief
31

1:15-cv-03372

Plaintiff's Brief in Support of Motion for Attorneys' Fees and Expenses

Oct. 24, 2016

Oct. 24, 2016

Pleading / Motion / Brief
36

1:15-cv-03372

Attorney Fee Judgment

May 30, 2017

May 30, 2017

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/13334495/georgia-advocacy-office-inc-v-reese/

Last updated April 7, 2024, 3:13 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed by Georgia Advocacy Office, Inc. and summon(s) issued. ( Filing fee $ 400 receipt number 113E-6062551.) (Attachments: # 1 Civil Cover Sheet, # 2 Summons)(fap) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions which includes the Consent To Proceed Before U.S. Magistrate form. (Entered: 09/25/2015)

1 Civil Cover Sheet

View on RECAP

2 Summons

View on RECAP

Sept. 24, 2015

Sept. 24, 2015

Clearinghouse
2

Electronic Summons Issued as to Clyde L. Reese, III. (fap) (Entered: 09/25/2015)

Sept. 25, 2015

Sept. 25, 2015

PACER
3

Guidelines to Parties and Counsel Proceeding Before the Honorable Amy Totenberg. Signed by Judge Amy Totenberg on 10/01/2015. (jtj) (Entered: 10/01/2015)

Oct. 1, 2015

Oct. 1, 2015

PACER
4

MOTION to Dismiss Plaintiff's Complaint In Lieu Of Answer with Brief In Support by Clyde L. Reese, III. (Attachments: # 1 Brief Memorandum of Law in Support)(Harps, Calandra) (Entered: 12/11/2015)

Dec. 11, 2015

Dec. 11, 2015

PACER
5

Joint MOTION for Extension of Time to File Response re: 4 MOTION to Dismiss Plaintiff's Complaint In Lieu Of Answer by Georgia Advocacy Office, Inc.. (Attachments: # 1 Text of Proposed Order)(D'Ambrosio, Katherine) (Entered: 12/22/2015)

Dec. 22, 2015

Dec. 22, 2015

PACER

Submission of 5 Joint MOTION for Extension of Time to File Response, submitted to District Judge Amy Totenberg. (jtj)

Dec. 22, 2015

Dec. 22, 2015

PACER
6

ORDER GRANTING 5 Motion for Extension of Time. Plaintiff shall have until January 11, 2016, to file its response to Defendant's Motion to Dismiss. The parties shall have until January 25, 2016, to file their initial disclosures. Signed by Judge Amy Totenberg on 12/23/2015. (jtj) (Entered: 12/23/2015)

Dec. 23, 2015

Dec. 23, 2015

PACER
7

RESPONSE in Opposition re 4 MOTION to Dismiss Plaintiff's Complaint In Lieu Of Answer filed by Georgia Advocacy Office, Inc.. (D'Ambrosio, Katherine) (Entered: 01/11/2016)

Jan. 11, 2016

Jan. 11, 2016

PACER
8

JOINT PRELIMINARY REPORT AND DISCOVERY PLAN filed by Georgia Advocacy Office, Inc.. (D'Ambrosio, Katherine) (Entered: 01/11/2016)

Jan. 11, 2016

Jan. 11, 2016

PACER
9

SCHEDULING ORDER: re: 8 Joint Preliminary Report and Discovery Plan. Summary judgment motions must be filed within 30 days of the close of discovery. Signed by Judge Amy Totenberg on 1/12/16. (jpa) (Entered: 01/12/2016)

Jan. 12, 2016

Jan. 12, 2016

PACER
10

Defendant Reese's Responses to Initial Disclosures re 8 Joint Preliminary Report and Discovery Plan, filed by Clyde L. Reese, III. (Attachments: # 1 Attachment A, # 2 Attachment C)(Harps, Calandra) (Entered: 01/21/2016)

Jan. 21, 2016

Jan. 21, 2016

PACER

Submission of 4 MOTION to Dismiss Plaintiff's Complaint In Lieu Of Answer, submitted to District Judge Amy Totenberg. (jtj)

Feb. 1, 2016

Feb. 1, 2016

PACER
11

NOTICE OF WITHDRAWAL AS CO-COUNSEL OF RECORD, by Georgia Advocacy Office, Inc. (D'Ambrosio, Katherine) (Entered: 02/18/2016)

Feb. 18, 2016

Feb. 18, 2016

PACER
12

ORDER DENYING 4 Motion to Dismiss. The Court will convene a scheduling conference with counsel as soon as feasible to discuss the future proceedings in this matter as well as the scheduling of a preliminary injunction hearing. Signed by Judge Amy Totenberg on 4/25/2016. (jtj) (Entered: 04/25/2016)

April 25, 2016

April 25, 2016

PACER
13

ANSWER to 1 COMPLAINT by Clyde L. Reese, III. Discovery ends on 10/6/2016. (Harps, Calandra) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. (Entered: 05/09/2016)

May 9, 2016

May 9, 2016

PACER
14

Minute Entry for proceedings held before Judge Amy Totenberg: Telephone Conference held on 5/9/2016. Discussion was had regarding how the case should proceed following denial of the Defendant's motion to dismiss. The parties indicated they are working to resolve the issues. The parties are to advise the Court, via letter to the Courtroom Deputy Clerk, within 2 week as to the status of the case and their progress in resolving it. (Court Reporter Wynette Blathers) (jtj) (Entered: 05/09/2016)

May 9, 2016

May 9, 2016

PACER
15

Minute Entry for proceedings held before Judge Amy Totenberg: Telephone Conference held on 6/10/2016. Discussion was had regarding the status of the case. Plaintiff will attach a proposed order to its forthcoming motion. The parties will file stipulated facts and the plaintiff will file its motion towards the end of this month. Briefing on the motion will proceed as allowed by the rules. (Court Reporter Jana Colter)(jtj) (Entered: 06/10/2016)

June 10, 2016

June 10, 2016

PACER
16

STIPULATION of Facts by Georgia Advocacy Office, Inc.. (Norris, Joshua) (Entered: 06/22/2016)

June 22, 2016

June 22, 2016

PACER
17

MOTION for Summary Judgment and MOTION FOR PERMANENT INJUNCTION with Brief In Support by Georgia Advocacy Office, Inc.. (Attachments: # 1 Brief, # 2 Text of Proposed Order)(Norris, Joshua) --Please refer to http://www.gand.uscourts.gov to obtain the Notice to Respond to Summary Judgment Motion form contained on the Court's website.--. Added MOTION for Permanent Injunction on 7/22/2016. (aaq). (Entered: 06/30/2016)

1 Brief

View on RECAP

2 Text of Proposed Order

View on RECAP

June 30, 2016

June 30, 2016

Clearinghouse
18

NOTICE of Appearance by Julie Coleman Kegley on behalf of Georgia Advocacy Office, Inc. (Kegley, Julie) (Entered: 07/01/2016)

July 1, 2016

July 1, 2016

PACER
19

NOTICE Of Filing Certificate of Consent to Withdraw by Georgia Advocacy Office, Inc. (Norris, Joshua) (Entered: 07/01/2016)

July 1, 2016

July 1, 2016

PACER
20

RESPONSE re 17 MOTION for Summary Judgment and MOTION FOR PERMANENT INJUNCTION filed by Clyde L. Reese, III. (Attachments: # 1 Exhibit A)(Harps, Calandra) Modified on 7/22/2016 to edit text. (aaq). (Entered: 07/21/2016)

July 21, 2016

July 21, 2016

PACER
21

Consent MOTION for Extension of Time File a Reply to 17 MOTION for Summary Judgment and MOTION for Permanent Injunction, by Georgia Advocacy Office, Inc. (Attachments: # 1 Text of Proposed Order)(Kegley, Julie) (Entered: 07/28/2016)

July 28, 2016

July 28, 2016

PACER
22

ORDER GRANTING 21 Consent Motion for Extension of Time in Which to Reply to Defendant Reese's Response to Plaintiff's Motion for Summary Judgment and Injunctive Relief and Proposed Order until August 18, 2016. Signed by Judge Amy Totenberg on 7/29/16. (kxw) (Entered: 07/29/2016)

July 29, 2016

July 29, 2016

PACER
23

REPLY to Response to Motion re 17 MOTION for Summary Judgment and Injunctive Relief MOTION for Permanent Injunction filed by Georgia Advocacy Office, Inc.. (Attachments: # 1 Text of Proposed Order)(Kegley, Julie) (Entered: 08/17/2016)

Aug. 17, 2016

Aug. 17, 2016

PACER

Submission of 17 MOTION to District Judge Amy Totenberg. (bnw)

Aug. 17, 2016

Aug. 17, 2016

PACER
24

ORDER DIRECTING the Defendant to advise the Court NO LATER THAN AUGUST 24, 2016 whether it has any objections to the Court's entry of Plaintiff's revised Proposed Order. Signed by Judge Amy Totenberg on 8/17/2016. (jtj) (Entered: 08/18/2016)

Aug. 17, 2016

Aug. 17, 2016

PACER

Submission of 24 Order, submitted to District Judge Amy Totenberg. (jtj)

Aug. 25, 2016

Aug. 25, 2016

PACER
25

ORDER GRANTING 17 Georgia Advocacy Office, Inc.'S Motion for Summary Judgment and Motion for Injunctive Relief. GAO is entitled to summary judgment on its claim against Defendant Reese for failing to provide GAO access to records under the P & A Acts. GAO is also entitled to injunctive relief to enjoin Defendant from denying GAO access to records under the P & A Acts. Signed by Judge Amy Totenberg on 8/30/2016. (See order for more specifics) (jtj) (Entered: 08/30/2016)

Aug. 30, 2016

Aug. 30, 2016

PACER

Civil Case Terminated. (jtj)

Aug. 30, 2016

Aug. 30, 2016

PACER
26

CLERK'S JUDGMENT. The Court GRANTS Plaintiff's Motion for Summary Judgment and Motion for Injunctive Relief. GAO is entitled to summary judgment on its claim against Defendant Reese for failing to provide GAO access to records under the P & A Acts. GAO is also entitled to injunctive relief to enjoin Defendant from denying GAO access to records under the P & A Acts. (jtj)--Please refer to http://www.ca11.uscourts.gov to obtain an appeals jurisdiction checklist-- (Entered: 08/30/2016)

Aug. 30, 2016

Aug. 30, 2016

PACER
27

MOTION for Attorney Fees Preliminary by Georgia Advocacy Office, Inc.. (Kegley, Julie) (Entered: 09/09/2016)

Sept. 9, 2016

Sept. 9, 2016

PACER

Submission of 27 MOTION for Attorney Fees, submitted to District Judge Amy Totenberg. (jtj)

Sept. 29, 2016

Sept. 29, 2016

PACER
28

Consent MOTION for Extension of Time File Fee Application re: 27 MOTION for Attorney Fees Preliminary and Proposed Order by Georgia Advocacy Office, Inc.. (Kegley, Julie) (Entered: 09/29/2016)

Sept. 29, 2016

Sept. 29, 2016

PACER
29

ORDER GRANTING 28 Motion for Extension of Time for Plaintiff Georgia Advocacy Office, Inc.'s Filing of Fee Application. Plaintiff shall be granted an extension of time until October 24, 2016, in which to file its Fee Application. Signed by Judge Amy Totenberg on 9/30/2016. (jtj) (Entered: 09/30/2016)

Sept. 30, 2016

Sept. 30, 2016

PACER
30

NOTICE of Appearance by Gerald R. Weber on behalf of Georgia Advocacy Office, Inc. (Weber, Gerald) (Entered: 10/20/2016)

Oct. 20, 2016

Oct. 20, 2016

PACER
31

Fee Application In Support of 27 Motion for Attorney Fees by Georgia Advocacy Office, Inc. (Attachments: # 1 Affidavit Expert Declaration (Fleming), # 2 Affidavit Declaration (Norris), # 3 Affidavit Declaration (D'Ambrosio), # 4 Affidavit Declaration (Weber), # 5 Affidavit Declaration (Kegley))(Kegley, Julie) Modified on 10/25/2016 to edit event text. (bnw) (Entered: 10/24/2016)

1 Affidavit Expert Declaration (Fleming)

View on PACER

2 Affidavit Declaration (Norris)

View on PACER

3 Affidavit Declaration (D'Ambrosio)

View on PACER

4 Affidavit Declaration (Weber)

View on PACER

5 Affidavit Declaration (Kegley)

View on PACER

Oct. 24, 2016

Oct. 24, 2016

Clearinghouse
32

RESPONSE to Plaintiff's Brief in Support of 31 Fee Application in Support and 27 Motion for Attorney Fees filed by Clyde L. Reese, III. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Harps, Calandra) Modified to accurately reflect entry and relate correct motion on 11/8/2016 (bdb). (Entered: 11/07/2016)

Nov. 7, 2016

Nov. 7, 2016

PACER
33

Consent MOTION for Extension of Time to Reply to 31 and 27 First MOTION for Attorney Fees, by Georgia Advocacy Office, Inc. (Kegley, Julie) (Entered: 11/16/2016)

Nov. 16, 2016

Nov. 16, 2016

PACER

Submission of 33 Consent MOTION for Extension of Time Reply, submitted to District Judge Amy Totenberg. (jtj)

Nov. 16, 2016

Nov. 16, 2016

PACER

MINUTE ORDER GRANTING 33 Motion for Extension of Time. Plaintiff's reply is extended until November 30, 2016. Ordered by Judge Amy Totenberg on 11/16/2016. (jtj)

Nov. 16, 2016

Nov. 16, 2016

PACER
34

REPLY BRIEF re 31 First MOTION for Attorney Fees filed by Georgia Advocacy Office, Inc.. (Attachments: # 1 Affidavit Second Declaration of Gerald Weber, # 2 Affidavit Second Declaration of Julie Coleman Kegley)(Kegley, Julie) (Entered: 11/29/2016)

Nov. 29, 2016

Nov. 29, 2016

PACER

Submission of 27 MOTION for Attorney Fees Preliminary, submitted to District Judge Amy Totenberg. (dfb)

Dec. 14, 2016

Dec. 14, 2016

PACER
35

ORDER GRANTING IN PART 27 Motion for Attorney's Fees and Expenses. The Court awards Plaintiff $400 in expenses and $42,230.00 in attorney's fees for a total award of $42,630.00. Defendant is DIRECTED to remit payment on or before August 1, 2017. Signed by Judge Amy Totenberg on 5/30/2017. (jtj) Modified on 5/30/2017 to clarify the motion is granted in part. (jtj) (Entered: 05/30/2017)

May 30, 2017

May 30, 2017

RECAP
36

ATTORNEY FEE JUDGMENT - The Court awards Plaintiff $400 in expenses and $42,230.00 in attorney's fees for a total award of $42,630.00. (jtj)--Please refer to http://www.ca11.uscourts.gov to obtain an appeals jurisdiction checklist-- (Entered: 05/30/2017)

May 30, 2017

May 30, 2017

Clearinghouse

Case Details

State / Territory: Georgia

Case Type(s):

Disability Rights

Key Dates

Filing Date: Sept. 24, 2015

Closing Date: May 30, 2017

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Protection and Advocacy (P&A) agency

Plaintiff Type(s):

Non-profit NON-religious organization

Attorney Organizations:

NDRN/Protection & Advocacy Organizations

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Georgia Department of Health, State

Defendant Type(s):

Hospital/Health Department

Case Details

Causes of Action:

Developmental Disabilities Assistance and Bill of Rights Act, 42 U.S.C. § 15001 et seq.

Protection and Advocacy of Individual Rights (PAIR), 29 U.S.C. § 794e

Available Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Source of Relief:

Litigation

Amount Defendant Pays: 42,230

Issues

Disability and Disability Rights:

disability, unspecified

P&A access authority

P&A Associational Standing