Georgia Advocacy Office vs. State of Georgia

CLASS ACTION COMPLAINT filed by C.S., Q.H., The Arc of the United States, R.F., The Georgia Advocacy Office. (Filing fee $400, receipt number 113E-7435514.) (Attachments: # 1 Civil Cover Sheet)(dfb) 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. (Additional attachments added on 10/17/2017: # 2 Summons addressed to Department of Community Health and Frank Berry, # 3 Summons addressed to Georgia Dept. of Behavioral Health and Developmental Disabilities and Judy Fitzgerald, # 4 Summons addressed to State of Georgia and Nathan Deal, # 5 Summons addressed to Georgia Board of Education, Georgia Department of Education and Richard Woods) Modified on 10/17/2017 to add proposed summonses. (dfb) (Entered: 10/13/2017)

1 Civil Cover Sheet

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2 Summons addressed to Department of Community Health and Frank Berry

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3 Summons addressed to Georgia Dept. of Behavioral Health and Developmental Disabi

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4 Summons addressed to State of Georgia and Nathan Deal

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5 Summons addressed to Georgia Board of Education, Georgia Department of Education

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Individual Named Plaintiffs' MOTION to File and Proceed under a Pseudonym by C.S., Q.H., R.F. (Attachments: # 1 Brief, # 2 Text of Proposed Order)(dfb) (Entered: 10/13/2017)

ORDER granting 2 Motion to File and Proceed Under a Pseudonym. Signed by Judge Steve C Jones on 10/16/2017. (rjs) (Entered: 10/16/2017)

Remark: E-summons can not be issued. Summons cannot be shared. Each named defendant need its own summons. (bnw)

Remark

REQUEST FOR WAIVER of Service mailed to Frank Berry on 10/16/2017. (Wilson, Jessica) Modified on 10/18/2017 to edit mail date to match document filed (rjs). (Entered: 10/17/2017)

REQUEST FOR WAIVER of Service mailed to Georgia Board of Education on 10/16/2017. (Wilson, Jessica) Modified on 10/18/2017 to edit mail date to match document filed (rjs). (Entered: 10/17/2017)

REQUEST FOR WAIVER of Service mailed to Georgia Dept of Behavioral Health & Developmental Disabilities on 10/16/2017. (Wilson, Jessica) Modified on 10/18/2017 to edit mail date to match document filed (rjs). (Entered: 10/17/2017)

REQUEST FOR WAIVER of Service mailed to Georgia Dept of Community Health on 10/16/2017. (Wilson, Jessica) Modified on 10/18/2017 to edit mail date to match document filed (rjs). (Entered: 10/17/2017)

REQUEST FOR WAIVER of Service mailed to Georgia Dept of Education on 10/16/2017. (Wilson, Jessica) Modified on 10/18/2017 to edit mail date to match document filed (rjs). (Entered: 10/17/2017)

REQUEST FOR WAIVER of Service mailed to Judy Fitzgerald on 10/16/2017. (Wilson, Jessica) Modified on 10/18/2017 to edit mail date to match document filed (rjs). (Entered: 10/17/2017)

REQUEST FOR WAIVER of Service mailed to Nathan Deal on 10/16/2017. (Wilson, Jessica) Modified on 10/18/2017 to edit mail date to match document filed (rjs). (Entered: 10/17/2017)

REQUEST FOR WAIVER of Service mailed to Richard Woods on 10/16/2017. (Wilson, Jessica) Modified on 10/18/2017 to edit mail date to match document filed (rjs). (Entered: 10/17/2017)

REQUEST FOR WAIVER of Service mailed to State of Georgia on 10/16/2017. (Wilson, Jessica) Modified on 10/18/2017 to edit mail date to match document filed (rjs). (Entered: 10/17/2017)

APPLICATION for Admission of Matthew Iverson Pro Hac Vice (Application fee $ 150, receipt number 113E-7450558)by C.S., Q.H., R.F., The Arc of the United States, The Georgia Advocacy Office. (Wilson, Jessica) (Entered: 10/17/2017)

Application for Refund of Fees paid online through Pay.gov for receipt number 113E-7450709. (Wilson, Jessica) (Entered: 10/18/2017)

APPLICATION for Admission of Melissa Whitney Pro Hac Vice (Application fee $ 150, receipt number 113E-7451556)by C.S., Q.H., R.F., The Arc of the United States, The Georgia Advocacy Office. (Wilson, Jessica) (Entered: 10/18/2017)

APPLICATION for Admission of Shira Tamar Wakschlag Pro Hac Vice (Application fee $ 150, receipt number 113E-7451575)by The Arc of the United States. (Wilson, Jessica) (Entered: 10/18/2017)

Clerks Approval re 14 Application for Refund of Fees paid online. (dfb)

Clerks Action on Application for Refund of Fees paid online

Certificate of Interested Persons and Corporate Disclosure Statement by C.S., Q.H., R.F., The Arc of the United States, The Georgia Advocacy Office identifying Corporate Parent The Arc of the United States for The Arc of the United States, The Georgia Advocacy Office. (Wilson, Jessica) (Entered: 10/20/2017)

APPLICATION for Admission of Alison Nodvin Barkoff Pro Hac Vice (Application fee $ 150, receipt number 113E-7464376)by C.S., Q.H., R.F., The Arc of the United States, The Georgia Advocacy Office. (Wilson, Jessica) (Entered: 10/24/2017)

Approval of Application for Admission Pro Hac Vice

APPROVAL by Clerks Office re: 13 APPLICATION for Admission of Matthew Iverson Pro Hac Vice (Application fee $ 150, receipt number 113E-7450558). Attorney Matthew Iverson added appearing on behalf of C.S., Q.H., R.F., The Arc of the United States, The Georgia Advocacy Office (pmb)

APPLICATION for Admission of Maura Klugman Pro Hac Vice (Application fee $ 150, receipt number 113E-7468451)by C.S., Q.H., R.F., The Arc of the United States, The Georgia Advocacy Office. (Wilson, Jessica) (Entered: 10/25/2017)

APPLICATION for Admission of Mark J. Murphy Pro Hac Vice (Application fee $ 150, receipt number 113E-7468516)by C.S., Q.H., R.F., The Arc of the United States, The Georgia Advocacy Office. (Wilson, Jessica) (Entered: 10/25/2017)

ORDER granting 13 Application for Admission Pro Hac Vice for Petitioner Matthew Iverson. Signed by Judge Steve C Jones on 10/25/2017. (rjs) (Entered: 10/25/2017)

APPLICATION for Admission of Ira Burnim Pro Hac Vice (Application fee $ 150, receipt number 113E-7468550)by C.S., Q.H., R.F., The Arc of the United States, The Georgia Advocacy Office. (Attachments: # 1 Attachment)(Wilson, Jessica) (Entered: 10/25/2017)

ORDER granting 16 Application for Admission Pro Hac Vice for Petitioner Shira Tamar Wakschlag. Signed by Judge Steve C Jones on 10/25/2017. (rjs) (Entered: 10/25/2017)

Refund Request Processed

Refund in the amount of $150.00 has been processed, effective 10/25/2017 in response to Clerks Action on Application for Refund of Fees paid online. (kns)

Clerks Certificate of Mailing to Matthew Iverson re 21 Order on Application for Admission PHV. (rjs)

Approval of Application for Admission Pro Hac Vice

Return of Application for Admission Pro Hac Vice

Clerks Certificate of Mailing

APPROVAL by Clerks Office re: 16 APPLICATION for Admission of Shira Tamar Wakschlag Pro Hac Vice (Application fee $ 150, receipt number 113E-7451575). Attorney Devon Orland added appearing on behalf of The Arc of the United States (jkm)

RETURN of 15 APPLICATION for Admission of Melissa Whitney Pro Hac Vice (Application fee $ 150, receipt number 113E-7451556) to attorney for correction. Courts to which Petitioner is Admitted - highest court could not confirm admission (NYSD) (jkm)

APPROVAL by Clerks Office re: 22 APPLICATION for Admission of Ira Burnim Pro Hac Vice (Application fee $ 150, receipt number 113E-7468550). Attorney Ira A. Burnim added appearing on behalf of C.S., Q.H., R.F., The Arc of the United States, The Georgia Advocacy Office (pmb)

APPROVAL by Clerks Office re: 18 APPLICATION for Admission of Alison Nodvin Barkoff Pro Hac Vice (Application fee $ 150, receipt number 113E-7464376). Attorney Alison N. Barkoff added appearing on behalf of C.S., Q.H., R.F., The Arc of the United States, The Georgia Advocacy Office (pmb)

Approval of Application for Admission Pro Hac Vice

ORDER granting 18 Application for Admission Pro Hac Vice for Petitioner Alison Nodvin Barkoff. Signed by Judge Steve C Jones on 11/2/2017. (rjs) (Entered: 11/02/2017)

ORDER granting 22 Application for Admission Pro Hac Vice for Petitioner Ira Burnim. Signed by Judge Steve C Jones on 11/2/2017. (rjs) (Entered: 11/02/2017)

APPROVAL by Clerks Office re: 20 APPLICATION for Admission of Mark J. Murphy Pro Hac Vice (Application fee $ 150, receipt number 113E-7468516). Attorney Mark J. Murphy added appearing on behalf of C.S., Q.H., R.F., The Arc of the United States, The Georgia Advocacy Office (pmb)

Approval of Application for Admission Pro Hac Vice

APPROVAL by Clerks Office re: 19 APPLICATION for Admission of Maura Klugman Pro Hac Vice (Application fee $ 150, receipt number 113E-7468451). Attorney Maura M. Klugman added appearing on behalf of C.S., Q.H., R.F., The Arc of the United States, The Georgia Advocacy Office (pmb)

ORDER granting 19 Application for Admission Pro Hac Vice for Petitioner Maura Klugman. Signed by Judge Steve C Jones on 11/3/2017. (rjs) (Entered: 11/03/2017)

ORDER granting 20 Application for Admission Pro Hac Vice for Petitioner Mark J. Murphy. Signed by Judge Steve C Jones on 11/3/2017. (rjs) (Entered: 11/03/2017)

Clerks Certificate of Mailing to Mark J. Murphy re 27 Order on Application for Admission PHV. (rjs)

Clerks Certificate of Mailing to Maura Klugman re 26 Order on Application for Admission PHV. (rjs)

Clerks Certificate of Mailing

WAIVER OF SERVICE Returned Executed by State of Georgia. (Ross, Alexa) (Entered: 11/20/2017)

WAIVER OF SERVICE Returned Executed by Nathan Deal. (Ross, Alexa) (Entered: 11/20/2017)

WAIVER OF SERVICE Returned Executed by Georgia Board of Education. (Ross, Alexa) (Entered: 11/20/2017)

WAIVER OF SERVICE Returned Executed by Georgia Department of Education. (Ross, Alexa) (Entered: 11/20/2017)

WAIVER OF SERVICE Returned Executed by Richard Woods. (Ross, Alexa) (Entered: 11/20/2017)

WAIVER OF SERVICE Returned Executed by Georgia Department of Behavioral Health and Developmental Disabilities. (Ross, Alexa) (Entered: 11/20/2017)

WAIVER OF SERVICE Returned Executed by Judy Fitzgerald. (Ross, Alexa) (Entered: 11/20/2017)

WAIVER OF SERVICE Returned Executed by Department of Community Health. (Ross, Alexa) (Entered: 11/20/2017)

WAIVER OF SERVICE Returned Executed by Frank Berry. (Ross, Alexa) (Entered: 11/20/2017)

NOTICE by C.S., Q.H., R.F., The Arc of the United States, The Georgia Advocacy Office of Withdrawal of Melissa Whitney as counsel (Wilson, Jessica) (Entered: 11/21/2017)

Set Deadlines/Hearings: Frank Berry, Nathan Deal, Department of Community Health, Judy Fitzgerald, Georgia Board of Education, Georgia Department of Behavioral Health and Developmental Disabilities, Georgia Department of Education, State of Georgia and Richard Woods answers are due 12/18/2017. (rjs)

Set Deadlines/Hearings

NOTICE of Appearance by Joshua Barrett Belinfante on behalf of Frank Berry, Nathan Deal, Department of Community Health, Judy Fitzgerald, Georgia Board of Education, Georgia Department of Behavioral Health and Developmental Disabilities, Georgia Department of Education, State of Georgia, Richard Woods (Belinfante, Joshua) (Entered: 12/11/2017)

Consent MOTION for Extension of Time to File Answer re 1 Complaint,,, Consent Motion to Extend Time to Answer or Move to Dismiss Plaintiffs' Complaint and to Extend Time for Class Certification by Frank Berry, Nathan Deal, Department of Community Health, Judy Fitzgerald, Georgia Board of Education, Georgia Department of Behavioral Health and Developmental Disabilities, Georgia Department of Education, State of Georgia, Richard Woods. (Attachments: # 1 Text of Proposed Order [Proposed] Order Granting the Parties' Consent Motion to Extend Time to Answer or Move to Dismiss Plaintiffs' Complaint and to Extend Time for Class Certification)(Belinfante, Joshua) (Entered: 12/11/2017)

NOTICE of Appearance by Alexa Roberta Ross on behalf of Frank Berry, Nathan Deal, Department of Community Health, Judy Fitzgerald, Georgia Board of Education, Georgia Department of Behavioral Health and Developmental Disabilities, Georgia Department of Education, State of Georgia, Richard Woods (Ross, Alexa) (Entered: 12/11/2017)

NOTICE of Appearance by Kimberly K. Anderson on behalf of Frank Berry, Nathan Deal, Department of Community Health, Judy Fitzgerald, Georgia Board of Education, Georgia Department of Behavioral Health and Developmental Disabilities, Georgia Department of Education, State of Georgia, Richard Woods (Anderson, Kimberly) (Entered: 12/11/2017)

NOTICE of Appearance by Joseph Harris Saul on behalf of Frank Berry, Nathan Deal, Department of Community Health, Judy Fitzgerald, Georgia Board of Education, Georgia Department of Behavioral Health and Developmental Disabilities, Georgia Department of Education, State of Georgia, Richard Woods (Saul, Joseph) (Entered: 12/11/2017)

ORDER granting 39 Motion for Extension of Time to Answer. The Defendants have until January 8, 2018, to file an answer or motion to dismiss to the Plaintiffs' complaint. The Plaintiffs will have 30 days to respond to the Defendants' motion to dismiss. Finally, the Plaintiffs' motion for class certification is due either 90 days from the date of the Defendants' answer or a ruling on the motion to dismiss or as otherwise agreed to by the parties at the planning conference. Signed by Judge Steve C Jones on 12/12/2017. (rjs) (Entered: 12/12/2017)

APPLICATION for Admission of Anna Krieger Pro Hac Vice (Application fee $ 150, receipt number 113E-7574962)by C.S., Q.H., R.F., The Arc of the United States, The Georgia Advocacy Office. (Orland, Devon) (Entered: 12/19/2017)

Approval of Application for Admission Pro Hac Vice

APPROVAL by Clerks Office re: 44 APPLICATION for Admission of Anna Krieger Pro Hac Vice (Application fee $ 150, receipt number 113E-7574962). Attorney Anna Krieger added appearing on behalf of The Georgia Advocacy Office (jkm)

ORDER granting 44 Application for Admission Pro Hac Vice for Petitioner Anna Krieger. Signed by Judge Steve C Jones on 1/4/2018. (rjs) (Entered: 01/04/2018)

Clerks Certificate of Mailing

Clerks Certificate of Mailing to Anna Krieger re 45 Order on Application for Admission PHV. (rjs)

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support by Frank Berry, Nathan Deal, Department of Community Health, Judy Fitzgerald, Georgia Board of Education, Georgia Department of Behavioral Health and Developmental Disabilities, Georgia Department of Education, State of Georgia, Richard Woods. (Attachments: # 1 Brief Defendants' Memorandum of Law in Support of Their Motion to Dismiss)(Belinfante, Joshua) (Entered: 01/08/2018)

APPLICATION for Admission of Ryan Macpherson Pro Hac Vice (Application fee $ 150, receipt number 113E-7617424)by Q.H., R.F., The Arc of the United States, The Georgia Advocacy Office. (Attachments: # 1 Text of Proposed Order)(Campbell, Christopher) (Entered: 01/11/2018)

APPROVAL by Clerks Office re: 47 APPLICATION for Admission of Ryan Macpherson Pro Hac Vice (Application fee $ 150, receipt number 113E-7617424). Attorney Christopher G. Campbell added appearing on behalf of The Georgia Advocacy Office (jkm)

Approval of Application for Admission Pro Hac Vice

Case Reassigned to Judge Michael L Brown. Judge Steve C Jones no longer assigned to case. NOTICE TO ALL COUNSEL OF RECORD: The Judge designation in the civil action number assigned to this case has been changed to 1:17-cv-3999-MLB. Please make note of this change in order to facilitate the docketing of pleadings in this case. (rjs)

Case Assigned/Reassigned

Submission of 46 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, submitted to District Judge Michael L. Brown. (jpa)

Submission to District Judge

RESPONSE in Opposition re 46 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Defendants' Motion to Dismiss filed by C.S., Q.H., R.F., The Arc of the United States, The Georgia Advocacy Office. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Campbell, Christopher) (Entered: 02/07/2018)

Consent MOTION to Extend Time for Defendants to Reply to Plaintiffs' opposition to the 48 Motion to Dismiss by Frank Berry, Nathan Deal, Department of Community Health, Judy Fitzgerald, Georgia Board of Education, Georgia Department of Behavioral Health and Developmental Disabilities, Georgia Department of Education, State of Georgia, Richard Woods. (Attachments: # 1 Text of Proposed Order Proposed Order Granting the Parties' Consent Motion to Extend Time for Defendants to Reply)(Belinfante, Joshua) Modified on 2/13/2018 to edit motion type (jpa). (Entered: 02/12/2018)

Order on Motion for Order

ORDER (by docket entry only) granting 49 Motion for Extension of Time, through and including March 5, 2018, to reply re 46 Motion to Dismiss by Judge Michael L. Brown on 2/12/18. (hfm)

Order on Application for Admission PHV

ORDER (by docket entry only) granting 47 Application for Admission Pro Hac Vice of Ryan Macpherson. By Judge Michael L. Brown on 2/26/18. (hfm)

REPLY BRIEF re 46 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Defendants' Motion to Dismiss filed by Frank Berry, Nathan Deal, Department of Community Health, Judy Fitzgerald, Georgia Board of Education, Georgia Department of Behavioral Health and Developmental Disabilities, Georgia Department of Education, State of Georgia, Richard Woods. (Belinfante, Joshua) (Entered: 03/05/2018)

Submission to District Judge

Submission of 46 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Defendants' Motion to Dismiss, submitted to District Judge Michael L. Brown. (jpa)

MOTION for Oral Argument re 46 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Defendants' Motion to Dismiss by Frank Berry, Nathan Deal, Department of Community Health, Judy Fitzgerald, Georgia Board of Education, Georgia Department of Behavioral Health and Developmental Disabilities, Georgia Department of Education, State of Georgia, Richard Woods. (Attachments: # 1 Text of Proposed Order [Proposed] Order Granting Oral Argument)(Belinfante, Joshua) (Entered: 03/14/2018)

RESPONSE in Opposition re 51 MOTION for Oral Argument re 46 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Defendants' Motion to Dismiss filed by C.S., Q.H., R.F., The Arc of the United States, The Georgia Advocacy Office. (Wilson, Jessica) (Entered: 03/19/2018)

REPLY to Response to Motion re 51 MOTION for Oral Argument re 46 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Frank Berry, Nathan Deal, Department of Community Health, Judy Fitzgerald, Georgia Board of Education, Georgia Department of Behavioral Health and Developmental Disabilities, Georgia Department of Education, State of Georgia, Richard Woods. (Belinfante, Joshua) Modified on 3/22/2018 to edit text (jpa). (Entered: 03/21/2018)

Submission of 51 MOTION for Oral Argument re 46 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Defendants' Motion to Dismiss, submitted to District Judge Michael L. Brown. (jpa)

Submission to District Judge

Joint MOTION to Stay Rule 26(f) Conference and Joint Preliminary Report and Discovery Plan by Frank Berry, Nathan Deal, Department of Community Health, Judy Fitzgerald, Georgia Board of Education, Georgia Department of Behavioral Health and Developmental Disabilities, Georgia Department of Education, State of Georgia, Richard Woods. (Attachments: # 1 Text of Proposed Order Proposed Order Granting the Parties' Joint Motion to Stay Rule 26(f) Conference and Joint Preliminary Report and Discovery Plan)(Belinfante, Joshua) (Entered: 05/16/2018)

Notice of Undeliverable Electronic Mail

NOTICE of Undeliverable Electronic Mail re: 54 Joint MOTION to Stay Rule 26(f) Conference and Joint Preliminary Report and Discovery Plan. Mail returned for Ryan S. Macpherson due to no longer employed with the firm. Electronic notification has been turned off. (aar)

NOTICE by C.S., Q.H., R.F., The Arc of the United States, The Georgia Advocacy Office of Withdrawal of Pro Hac Vice Counsel Ryan S Macphereson (Campbell, Christopher) (Entered: 05/17/2018)