Case: C.K v. Oakland Community Health Network

2:20-cv-13301 | U.S. District Court for the Eastern District of Michigan

Filed Date: Dec. 15, 2020

Closed Date: July 29, 2022

Clearinghouse coding complete

Case Summary

This lawsuit, alleging violations of Section 504 and Title II of the Americans with Disabilities Act, was filed by Disability Rights Michigan on December 15, 2020 in the Federal District Court for the Eastern District of Michigan, seeking to enforce a Settlement Agreement they signed with Defendants in 2018.   District Judge David M. Lawson was assigned to the case.  Plaintiff is a 15 year-old Medicaid beneficiary who seeks to compel the State’s Medicaid managed care contractor (Oakland Communi…

This lawsuit, alleging violations of Section 504 and Title II of the Americans with Disabilities Act, was filed by Disability Rights Michigan on December 15, 2020 in the Federal District Court for the Eastern District of Michigan, seeking to enforce a Settlement Agreement they signed with Defendants in 2018.   District Judge David M. Lawson was assigned to the case.  Plaintiff is a 15 year-old Medicaid beneficiary who seeks to compel the State’s Medicaid managed care contractor (Oakland Community Health Network) to provide him Medicaid Applied Behavioral Services and respite care as required by the 2018 Settlement Agreement. Oakland Community Health Network claims it is unable to find sufficient providers to meet Plaintiff’s need but they are only obligated to pay for the requested service not to ensure that the service is delivered. Defendants included: the Director of the Oakland Community Health Network, the Governor, and the Director of the Michigan Department of Health and Human Services. The District Court granted a preliminary Injunction on August 25, 2021, ordering the managed care organization to provide the medically necessary services.  On July 21, 2022 the court denied the plaintiff's motion for summary judgment.   The case was settled, final judgment entered and was closed on July 29, 2022.

Summary Authors

NDRN (8/11/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/18745060/parties/ck-by-his-next-friend-marissa-springstead-v-oakland-community-health/


Judge(s)

Lawson, David M. (Michigan)

Attorney for Plaintiff

Davis, Chris E. (Michigan)

Attorney for Defendant

Boettcher, Matthew J. (Michigan)

Boone, Precious Synott (Michigan)

Service, Stephanie M. (Michigan)

show all people

Documents in the Clearinghouse

Document
1

2:20-cv-13301

Complaint to Enforce Settlement Agreement from Case 2:17-CV-11988

CK v. Oakland Community Health Network

Dec. 15, 2020

Dec. 15, 2020

Complaint
13

2:20-cv-13301

Plaintiffs' Motion for a Temporary Restraining Order and Preliminary Injunction

CK v. Oakland Community Health Network

Feb. 3, 2021

Feb. 3, 2021

Pleading / Motion / Brief
56

2:20-cv-13301

Plaintiffs' Motion for Summary Judgment

CK v. Oakland Community Health Network

Oct. 22, 2021

Oct. 22, 2021

Pleading / Motion / Brief
78

2:20-cv-13301

Opinion and Order Denying Plaintiff's Motion for Summary Judgment

C.K v. Oakland Comm Health Network

July 21, 2022

July 21, 2022

Order/Opinion
79

2:20-cv-13301

Stipulated Order Approving Entry of Final Judgment and Closing Case

July 29, 2022

July 29, 2022

Settlement Agreement

Docket

See docket on RECAP: https://www.courtlistener.com/docket/18745060/ck-by-his-next-friend-marissa-springstead-v-oakland-community-health/

Last updated Feb. 24, 2024, 3:06 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed by CK by his Next Friend Marissa Springstead against Dana Lasenby, Director of OCHN, Gretchen Whitmer, Governor of Michigan, Michigan Department of Health and Human Services, Oakland Community Health Network, Robert Gordon, Director of Michigan Department of Health and Human Services. Plaintiff requests summons issued. Receipt No: AMIEDC-8221068 - Fee: $ 402. County of 1st Plaintiff: Oakland - County Where Action Arose: Oakland - County of 1st Defendant: Ingham. [Previously dismissed case: No] [Possible companion case(s): Eastern District, 2:17-cv-11988-DML-RSW, Judge David M. Lawson] (Attachments: # 1 Index of Exhibits Index of Exhibits, # 2 Exhibit 1 - Settlement Agreement, # 3 Exhibit 2 - Order Dated April 24, 2018 Approving Settlement, # 4 Exhibit 3 - MDHHS Communication #20-01) (Zagata, Simon) (Entered: 12/15/2020)

1 Index of Exhibits Index of Exhibits

View on PACER

2 Exhibit 1 - Settlement Agreement

View on PACER

3 Exhibit 2 - Order Dated April 24, 2018 Approving Settlement

View on PACER

4 Exhibit 3 - MDHHS Communication #20-01

View on PACER

Dec. 15, 2020

Dec. 15, 2020

Clearinghouse

A United States Magistrate Judge of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form is available for download at http://www.mied.uscourts.gov (LGra)

Dec. 15, 2020

Dec. 15, 2020

PACER

Notice to Parties of Consent of a Civil Action before a Magistrate Judge Option

Dec. 15, 2020

Dec. 15, 2020

PACER
2

ORDER REASSIGNING CASE from District Judge George Caram Steeh to District Judge David M. Lawson. (NAhm) (Entered: 12/16/2020)

Dec. 16, 2020

Dec. 16, 2020

PACER
3

SUMMONS Issued for * All Defendants * (LGra) (Entered: 01/05/2021)

Jan. 5, 2021

Jan. 5, 2021

PACER
4

WAIVER OF SERVICE Returned Executed. Dana Lasenby, Director of OCHN waiver sent on 12/23/2020, answer due 2/22/2021. (Zagata, Simon) (Entered: 01/06/2021)

Jan. 6, 2021

Jan. 6, 2021

PACER
5

WAIVER OF SERVICE Returned Executed. Oakland Community Health Network waiver sent on 12/23/2020, answer due 2/22/2021. (Zagata, Simon) (Entered: 01/06/2021)

Jan. 6, 2021

Jan. 6, 2021

PACER
6

WAIVER OF SERVICE Returned Executed. Gretchen Whitmer, Governor of Michigan waiver sent on 12/29/2020, answer due 3/1/2021. (Zagata, Simon) (Entered: 01/06/2021)

Jan. 6, 2021

Jan. 6, 2021

PACER
7

WAIVER OF SERVICE Returned Executed. Robert Gordon, Director of Michigan Department of Health and Human Services waiver sent on 12/29/2020, answer due 3/1/2021. (Zagata, Simon) (Entered: 01/06/2021)

Jan. 6, 2021

Jan. 6, 2021

PACER
8

WAIVER OF SERVICE Returned Executed. Michigan Department of Health and Human Services waiver sent on 12/17/2020, answer due 2/16/2021. (Zagata, Simon) (Entered: 01/06/2021)

Jan. 6, 2021

Jan. 6, 2021

PACER
9

NOTICE of Appearance by Matthew J. Boettcher on behalf of Dana Lasenby, Director of OCHN, Oakland Community Health Network. (Boettcher, Matthew) (Entered: 01/20/2021)

Jan. 20, 2021

Jan. 20, 2021

PACER
10

NOTICE of Appearance by Stephanie M. Service on behalf of Gretchen Whitmer, Governor of Michigan, Michigan Department of Health and Human Services, Robert Gordon, Director of Michigan Department of Health and Human Services. (Service, Stephanie) (Entered: 01/29/2021)

Jan. 29, 2021

Jan. 29, 2021

PACER
11

NOTICE of Appearance by Precious Synott Boone on behalf of Gretchen Whitmer, Governor of Michigan, Michigan Department of Health and Human Services, Robert Gordon, Director of Michigan Department of Health and Human Services. (Boone, Precious) (Entered: 01/29/2021)

Jan. 29, 2021

Jan. 29, 2021

PACER
12

NOTICE TO APPEAR BY TELEPHONE: Scheduling Conference set for 3/4/2021 at 3:00 PM before District Judge David M. Lawson. (See image for document deadline.) (SPin) (Entered: 02/02/2021)

Feb. 2, 2021

Feb. 2, 2021

PACER
13

MOTION for Temporary Restraining Order and Preliminary Injunction by CK by his Next Friend Marissa Springstead. (Attachments: # 1 Index of Exhibits Index of Exhibits, # 2 Exhibit 1 - Marisa Springstead Affidavit, # 3 Exhibit 2 - CK IPOS, # 4 Exhibit 3 - CK Mental Health Assessment, # 5 Exhibit 4 - Settlement Agreement, # 6 Exhibit 5 - Letter From OCHN Attorney) (Zagata, Simon) Modified on 2/8/2021 (SPin). (Entered: 02/03/2021)

1 Index of Exhibits Index of Exhibits

View on PACER

2 Exhibit 1 - Marisa Springstead Affidavit

View on PACER

3 Exhibit 2 - CK IPOS

View on PACER

4 Exhibit 3 - CK Mental Health Assessment

View on PACER

5 Exhibit 4 - Settlement Agreement

View on PACER

6 Exhibit 5 - Letter From OCHN Attorney

View on PACER

Feb. 3, 2021

Feb. 3, 2021

Clearinghouse
14

STIPULATION To Amend Deadlines by Gretchen Whitmer, Governor of Michigan, Michigan Department of Health and Human Services, Robert Gordon, Director of Michigan Department of Health and Human Services (Service, Stephanie) (Entered: 02/04/2021)

Feb. 4, 2021

Feb. 4, 2021

PACER
15

ATTORNEY APPEARANCE: Kyle M. Williams appearing on behalf of CK by his Next Friend Marissa Springstead (Williams, Kyle) (Entered: 02/05/2021)

Feb. 5, 2021

Feb. 5, 2021

PACER
16

ATTORNEY APPEARANCE: Chris E. Davis appearing on behalf of CK by his Next Friend Marissa Springstead (Davis, Chris) (Entered: 02/05/2021)

Feb. 5, 2021

Feb. 5, 2021

PACER
17

ORDER Denying in Part 13 Motion for TRO and Preliminary Injunction. Signed by District Judge David M. Lawson. (SPin) (Entered: 02/08/2021)

Feb. 8, 2021

Feb. 8, 2021

PACER
18

ORDER Granting 14 Stipulation to Extend Deadlines and Adjourning Case Management and Scheduling Conference. Signed by District Judge David M. Lawson. (SPin) (Entered: 02/08/2021)

Feb. 8, 2021

Feb. 8, 2021

PACER

Set Deadlines/Hearings: Scheduling Conference reset for 4/6/2021 at 11:30 AM before District Judge David M. Lawson. (SPin)

Feb. 8, 2021

Feb. 8, 2021

PACER
19

NOTICE OF HEARING on 13 Motion for Preliminary Injunction. Motion Hearing set for 4/6/2021 at 11:30 AM before District Judge David M. Lawson. (SPin) (Entered: 02/08/2021)

Feb. 8, 2021

Feb. 8, 2021

PACER
20

RESPONSE to 13 MOTION for Temporary Restraining Order and Preliminary Injunction filed by Gretchen Whitmer, Governor of Michigan, Michigan Department of Health and Human Services, Robert Gordon, Director of Michigan Department of Health and Human Services. (Attachments: # 1 Index of Exhibits Index of Exhibits, # 2 Exhibit Exhibit A -Affidavit) (Service, Stephanie) (Entered: 02/19/2021)

Feb. 19, 2021

Feb. 19, 2021

PACER
21

RESPONSE to 13 MOTION for Temporary Restraining Order and Preliminary Injunction filed by Dana Lasenby, Director of OCHN, Oakland Community Health Network. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A - General Release and Settlement Agreement, # 3 Exhibit B - Affidavit of Nicole Lawson, # 4 Exhibit C - Decision and Order, # 5 Exhibit D - Letter dated 10-14-20 to Simon Zagata, # 6 Exhibit E - Letter dated 11-9-20 to Mich Dept of Health, # 7 Exhibit F - Crains Article 1-27-21, # 8 Exhibit G - Detroit News Article - 2-5-21) (Boettcher, Matthew) (Entered: 02/24/2021)

Feb. 24, 2021

Feb. 24, 2021

PACER
22

MOTION to Dismiss by Gretchen Whitmer, Governor of Michigan, Michigan Department of Health and Human Services, Robert Gordon, Director of Michigan Department of Health and Human Services. (Service, Stephanie) (Entered: 03/02/2021)

March 2, 2021

March 2, 2021

PACER
23

REPLY to Response re 13 MOTION for Temporary Restraining Order and Preliminary Injunction filed by CK by his Next Friend Marissa Springstead. (Zagata, Simon) (Entered: 03/03/2021)

March 3, 2021

March 3, 2021

PACER
24

ORDER DIRECTING DEFENDANTS TO FILE ANSWER AND INSTRUCTING THE CLERKS OFFICE TO AMEND THE CAPTION., Elizabeth Hertel added. Robert Gordon, Director of Michigan Department of Health and Human Services terminated. Signed by District Judge David M. Lawson. (NAhm) (Entered: 03/04/2021)

March 4, 2021

March 4, 2021

RECAP
25

ANSWER to Complaint with Affirmative Defenses by Dana Lasenby, Director of OCHN, Oakland Community Health Network. (Boettcher, Matthew) (Entered: 03/08/2021)

March 8, 2021

March 8, 2021

PACER
26

REPLY to Response re 13 MOTION for Temporary Restraining Order and Preliminary Injunction filed by CK by his Next Friend Marissa Springstead. (Zagata, Simon) (Entered: 03/09/2021)

March 9, 2021

March 9, 2021

PACER
27

NOTICE OF HEARING on 22 MOTION to Dismiss. Motion Hearing set for 6/29/2021 at 3:00 PM before District Judge David M. Lawson. (SPin) (Entered: 03/09/2021)

March 9, 2021

March 9, 2021

PACER
28

ANSWER to Complaint with Affirmative Defenses by Gretchen Whitmer, Governor of Michigan, Elizabeth Hertel, Michigan Department of Health and Human Services, Robert Gordon, Director of Michigan Department of Health and Human Services. (Service, Stephanie) (Entered: 03/16/2021)

March 16, 2021

March 16, 2021

PACER

Reset Hearing as to 22 MOTION to Dismiss. Motion Hearing reset for 8/3/2021 at 2:00 PM before District Judge David M. Lawson. (SPin)

March 22, 2021

March 22, 2021

PACER
29

DISCOVERY plan jointly filed pursuant to Federal Rules of Civil Procedure 26(f) (Zagata, Simon) (Entered: 03/26/2021)

March 26, 2021

March 26, 2021

PACER
30

RESPONSE to 22 MOTION to Dismiss filed by CK by his Next Friend Marissa Springstead. (Zagata, Simon) (Entered: 03/29/2021)

March 29, 2021

March 29, 2021

PACER
31

NOTICE OF HEARING BY VIDEO CONFERENCE on 13 MOTION for Preliminary Injunction and then Case Management Scheduling Conference. Motion Hearing set for 4/6/2021 at 11:30 AM before District Judge David M. Lawson. |Zoom Webinar Information: https://www.zoomgov.com/j/1612772608?pwd=dEpTTVBTa2ltUUgyWTU3YmMxUGhqQT09 Passcode: 755355 Or iPhone one-tap : US: +16692545252,,1612772608# or +16468287666,,1612772608#| (SPin) (Entered: 03/30/2021)

March 30, 2021

March 30, 2021

PACER
32

ORDER Directing Defendants to Provide Witness List re Preliminary Injunction Motion. Response due by close of business on 3/30/2021. Signed by District Judge David M. Lawson. (SPin) (Entered: 03/30/2021)

March 30, 2021

March 30, 2021

PACER
33

WITNESS LIST by CK by his Next Friend Marissa Springstead (Zagata, Simon) (Entered: 03/30/2021)

March 30, 2021

March 30, 2021

PACER
34

WITNESS LIST by Gretchen Whitmer, Governor of Michigan, Elizabeth Hertel, Michigan Department of Health and Human Services, Robert Gordon, Director of Michigan Department of Health and Human Services (Service, Stephanie) (Entered: 03/30/2021)

March 30, 2021

March 30, 2021

PACER
35

WITNESS LIST by Dana Lasenby, Director of OCHN, Oakland Community Health Network (Boettcher, Matthew) (Entered: 03/30/2021)

March 30, 2021

March 30, 2021

PACER

TEXT-ONLY NOTICE: Motion Hearing and Case Management Conference on 4/6/2021 are Cancelled re 31 Notice of Hearing on Motion, and will be Rescheduled. (SPin)

April 5, 2021

April 5, 2021

PACER

Text-Only Notice of Hearing Cancelled

April 5, 2021

April 5, 2021

PACER
36

REPLY to Response re 22 MOTION to Dismiss filed by Gretchen Whitmer, Governor of Michigan, Elizabeth Hertel, Michigan Department of Health and Human Services, Robert Gordon, Director of Michigan Department of Health and Human Services. (Boone, Precious) (Entered: 04/07/2021)

April 7, 2021

April 7, 2021

PACER
37

NOTICE OF HEARING BY VIDEO CONFERENCE on 13 and Preliminary Injunction. Motion Hearing reset for 5/12/2021 at 10:30 AM before District Judge David M. Lawson, followed by the Case Management Conference. |Zoom Webinar Information: https://www.zoomgov.com/j/1612772608?pwd=dEpTTVBTa2ltUUgyWTU3YmMxUGhqQT09 Passcode: 755355 Or iPhone one-tap : US: +16692545252,,1612772608# or +16468287666,,1612772608#| (SPin) (Entered: 04/09/2021)

April 9, 2021

April 9, 2021

PACER
38

STIPULATION re 29 Discovery Plan - Rule 26f by Gretchen Whitmer, Governor of Michigan, Elizabeth Hertel, Michigan Department of Health and Human Services, Robert Gordon, Director of Michigan Department of Health and Human Services (Service, Stephanie) (Entered: 04/15/2021)

April 15, 2021

April 15, 2021

PACER
39

AFFIDAVIT of NICOLE LAWSON re 21 Response to Motion,, (SUPPLEMENTAL) by Dana Lasenby, Director of OCHN, Oakland Community Health Network (Boettcher, Matthew) (Entered: 05/11/2021)

May 11, 2021

May 11, 2021

PACER

Minute Entry for proceedings before District Judge David M. Lawson: Motion Hearing held on 5/12/2021 re 13 MOTION for Preliminary Injunction filed by CK by his Next Friend Marissa Springstead. Disposition: Motion taken under advisement. (Court Reporter: Rene Twedt) (SPin)

May 12, 2021

May 12, 2021

PACER

Minute Entry for proceedings before District Judge David M. Lawson: Scheduling Conference held on 5/12/2021. (SPin)

May 12, 2021

May 12, 2021

PACER
40

ORDER Granting Leave to File Supplemental Briefing. Signed by District Judge David M. Lawson. (SPin) (Entered: 05/12/2021)

May 12, 2021

May 12, 2021

PACER
41

SCHEDULING ORDER: Discovery due by 10/6/2021; Dispositive Motion Cut-off set for 10/22/2021; Final Pretrial Conference set for 6/7/2022 at 3:30 PM; Jury Trial set for 6/20/2022 at 8:30 AM before District Judge David M. Lawson. Signed by District Judge David M. Lawson. (Refer to image for additional dates) (SPin) (Entered: 05/13/2021)

May 13, 2021

May 13, 2021

PACER
42

SUPPLEMENTAL BRIEF re 40 Order, 21 Response to Motion,, OPPOSING PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION filed by Dana Lasenby, Director of OCHN, Oakland Community Health Network. (Boettcher, Matthew) (Entered: 05/18/2021)

May 18, 2021

May 18, 2021

PACER
43

SUPPLEMENTAL BRIEF re 20 Response to Motion, 13 MOTION for Temporary Restraining Order and Preliminary Injunction filed by Gretchen Whitmer, Governor of Michigan, Elizabeth Hertel, Michigan Department of Health and Human Services, Robert Gordon, Director of Michigan Department of Health and Human Services. (Service, Stephanie) (Entered: 05/19/2021)

May 19, 2021

May 19, 2021

PACER
44

SUPPLEMENTAL BRIEF re 13 MOTION for Temporary Restraining Order and Preliminary Injunction filed by CK by his Next Friend Marissa Springstead. (Attachments: # 1 Exhibit 1 - Affidavit of Marisa Springstead) (Zagata, Simon) (Entered: 05/19/2021)

May 19, 2021

May 19, 2021

PACER

Set/Reset Deadlines as to 22 MOTION to Dismiss. Motion Hearing reset for 8/17/2021 at 2:00 PM before District Judge David M. Lawson. (SPin)

June 8, 2021

June 8, 2021

PACER

Reset Hearing as to 22 MOTION to Dismiss. Motion Hearing reset for 8/17/2021 at 8:30 AM (TIME CHANGE ONLY) before District Judge David M. Lawson. (SPin)

July 9, 2021

July 9, 2021

PACER
45

QUALIFIED PROTECTIVE ORDER. Signed by District Judge David M. Lawson. (SPin) (Entered: 07/16/2021)

July 16, 2021

July 16, 2021

PACER
46

NOTICE OF HEARING BY VIDEO CONFERENCE on 22 MOTION to Dismiss. Motion Hearing set for 8/17/2021 at 8:30 AM before District Judge David M. Lawson. |Zoom Webinar Information: https://www.zoomgov.com/j/1606087413?pwd=VURHcWhpV1hGbjUwRCtTSnl6Q0d6QT09 Passcode: 478291 Or One tap mobile : US: +16692545252,,1606087413# or +16468287666,,1606087413#| (SPin) (Entered: 07/19/2021)

July 19, 2021

July 19, 2021

PACER

Set/Reset Deadlines as to 22 MOTION to Dismiss. Motion Hearing reset for 8/18/2021 at 2:00 PM before District Judge David M. Lawson. (SPin)

Aug. 10, 2021

Aug. 10, 2021

PACER
47

NOTICE OF HEARING BY VIDEO CONFERENCE on 22 MOTION to Dismiss. Motion Hearing set for 8/18/2021 at 2:00 PM before District Judge David M. Lawson. |Zoom Webinar Information: |Zoom Webinar Information: https://www.zoomgov.com/j/1606087413?pwd=VURHcWhpV1hGbjUwRCtTSnl6Q0d6QT09 Passcode: 478291 Or One tap mobile : US: +16692545252,,1606087413# or +16468287666,,1606087413#| (SPin) (Entered: 08/11/2021)

Aug. 11, 2021

Aug. 11, 2021

PACER

Minute Entry for proceedings before District Judge David M. Lawson: Motion Hearing held on 8/18/2021 re 22 MOTION to Dismiss filed by Michigan Department of Health and Human Services, Robert Gordon, Director of Michigan Department of Health and Human Services, Gretchen Whitmer, Governor of Michigan. Disposition: Motion taken under advisement. (Court Reporter: Rene Twedt) (SPin)

Aug. 18, 2021

Aug. 18, 2021

PACER
48

OPINION AND ORDER granting in part Motion 13 for preliminary injunction and granting state defendant's Motion 22 to dismiss. Signed by District Judge David M. Lawson. (TTho) (Entered: 08/26/2021)

Aug. 25, 2021

Aug. 25, 2021

RECAP

Michigan Department of Health and Human Services, Gretchen Whitmer, Governor of Michigan and Elizabeth Hertel (Director of Michigan Department of Health and Human Services) terminated. Signed by District Judge David M. Lawson. (TTho)

Aug. 25, 2021

Aug. 25, 2021

PACER

~Util - Add and Terminate Parties

Aug. 26, 2021

Aug. 26, 2021

PACER
49

EXPERT WITNESS DISCLOSURE - WITNESS LIST by Dana Lasenby, Director of OCHN, Oakland Community Health Network (Boettcher, Matthew) (Entered: 08/30/2021)

Aug. 30, 2021

Aug. 30, 2021

PACER
50

Joint Status Report REPORT by CK by his Next Friend Marissa Springstead (Zagata, Simon) (Entered: 09/24/2021)

Sept. 24, 2021

Sept. 24, 2021

PACER
51

NOTICE TO APPEAR BY VIDEO CONFERENCE: Status Conference set for 10/7/2021 at 1:00 PM before District Judge David M. Lawson. (SPin) (Entered: 10/04/2021)

Oct. 4, 2021

Oct. 4, 2021

PACER

Attorney Stephanie M. Service is discontinued from receiving Notices of Electronic Filing. Reason: State Defendants dismissed from case. (Service, Stephanie)

Oct. 4, 2021

Oct. 4, 2021

PACER

Attorney Precious Synott Boone is discontinued from receiving Notices of Electronic Filing. Reason: State Defendants dismissed from case. (Boone, Precious)

Oct. 4, 2021

Oct. 4, 2021

PACER
52

STIPULATION For Extension of Discovery Deadline by CK by his Next Friend Marissa Springstead (Zagata, Simon) (Entered: 10/06/2021)

Oct. 6, 2021

Oct. 6, 2021

PACER
53

Joint MOTION TO EXTEND Discovery Deadline to October 15, 2021 by All Plaintiffs. (Zagata, Simon) (Entered: 10/06/2021)

Oct. 6, 2021

Oct. 6, 2021

PACER
54

ORDER Granting 53 Motion to Extend. Discovery cut-off reset to 10/15/2021. Signed by District Judge David M. Lawson. (LHos) (Entered: 10/07/2021)

Oct. 7, 2021

Oct. 7, 2021

PACER

Minute Entry for telephonic proceedings before District Judge David M. Lawson: Telephonic Status Conference held on 10/7/2021. (Court Reporter: None Present, Not on the Record) (LHos)

Oct. 7, 2021

Oct. 7, 2021

PACER
55

NOTICE TO APPEAR BY TELEPHONE: Status Conference set for 11/17/2021 at 2:00 PM before District Judge David M. Lawson. (SPin) (Entered: 10/14/2021)

Oct. 14, 2021

Oct. 14, 2021

PACER

Set Deadlines/Hearings: TELEPHONIC Status Conference reset for 11/17/2021 at 4:00 PM (TIME CHANGE ONLY) before District Judge David M. Lawson. (SPin)

Oct. 19, 2021

Oct. 19, 2021

PACER
56

MOTION for Summary Judgment by CK by his Next Friend Marissa Springstead. (Attachments: # 1 Index of Exhibits Index of Exhibits, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7) (Zagata, Simon) (Entered: 10/22/2021)

1 Index of Exhibits Index of Exhibits

View on PACER

2 Exhibit 1

View on PACER

3 Exhibit 2

View on PACER

4 Exhibit 3

View on PACER

5 Exhibit 4

View on PACER

6 Exhibit 5

View on PACER

7 Exhibit 6

View on PACER

8 Exhibit 7

View on PACER

Oct. 22, 2021

Oct. 22, 2021

Clearinghouse
57

NOTICE OF IN PERSON HEARING on 56 MOTION for Summary Judgment. Motion Hearing set for 1/25/2022 at 2:00 PM before District Judge David M. Lawson. (SPin) (Entered: 10/29/2021)

Oct. 29, 2021

Oct. 29, 2021

PACER

Minute Entry for telephonic proceedings before District Judge David M. Lawson: Telephonic Status Conference held on 11/17/2021. (Court Reporter: None Present, Not on the Record) (SPin)

Nov. 17, 2021

Nov. 17, 2021

PACER
58

NOTICE TO APPEAR BY TELEPHONE: Status Conference set for 12/13/2021 at 3:00 PM before District Judge David M. Lawson. (SPin) (Entered: 11/18/2021)

Nov. 18, 2021

Nov. 18, 2021

PACER

Set Deadlines/Hearings: TELEPHONIC Status Conference reset for 1/25/2022 at 4:00 PM before District Judge David M. Lawson. (SPin)

Dec. 10, 2021

Dec. 10, 2021

PACER

Set/Reset Telephonic Status Conference: Status Conference reset for in person on 1/25/2022 at 2:30 PM before District Judge David M. Lawson, following motion hearing. (SPin)

Jan. 4, 2022

Jan. 4, 2022

PACER
59

MOTION for Extension of Time to File Response/Reply as to 56 MOTION for Summary Judgment by Dana Lasenby, Director of OCHN, Oakland Community Health Network. (Boettcher, Matthew) (Entered: 01/19/2022)

Jan. 19, 2022

Jan. 19, 2022

PACER
60

RESPONSE to 56 MOTION for Summary Judgment filed by Dana Lasenby, Director of OCHN, Oakland Community Health Network. (Attachments: # 1 Exhibit Ex. A - Callana Ollie Aff - OCHN (Final), # 2 Exhibit Ex. B - PL. Discovery Request -CK -OCHN response (served), # 3 Exhibit Ex. C - Direct Support Staff Shortages, # 4 Exhibit Ex. D - School bus driver shortage weighing on Michigan parents) (Boettcher, Matthew) (Entered: 01/19/2022)

Jan. 19, 2022

Jan. 19, 2022

PACER
61

EXHIBIT A (Amended - Executed Affidavit re 60 Response to Motion, by Dana Lasenby, Director of OCHN, Oakland Community Health Network (Boettcher, Matthew) (Entered: 01/20/2022)

Jan. 20, 2022

Jan. 20, 2022

PACER

Minute Entry for telephonic proceedings before District Judge David M. Lawson: Telephonic Status Conference held on 1/20/2022. (Court Reporter: None Present, Not on the Record) (SPin)

Jan. 20, 2022

Jan. 20, 2022

PACER

Text-Only Order of reassignment from Magistrate Judge R. Steven Whalen to Magistrate Judge Elizabeth A. Stafford pursuant to Administrative Order 21-AO-013. (SSch)

Jan. 20, 2022

Jan. 20, 2022

PACER
62

ORDER Granting 59 Motion for Extension of Time to File Response/Reply re 59 MOTION for Extension of Time to File Response/Reply as to 56 MOTION for Summary Judgment. Response due by 1/21/2022. Signed by District Judge David M. Lawson. (SPin) (Entered: 01/20/2022)

Jan. 20, 2022

Jan. 20, 2022

PACER

Text-Only Reassignment Pursuant to Administrative Order

Jan. 20, 2022

Jan. 20, 2022

PACER
63

REPLY to Response re 59 MOTION for Extension of Time to File Response/Reply as to 56 MOTION for Summary Judgment filed by All Plaintiffs. (Zagata, Simon) (Entered: 01/21/2022)

Jan. 21, 2022

Jan. 21, 2022

PACER

Minute Entry for in-person proceedings before District Judge David M. Lawson: Motion Hearing and Status Conference held on 1/25/2022 re 56 MOTION for Summary Judgment filed by CK by his Next Friend Marissa Springstead. Disposition: Motion taken under advisement. (Court Reporter: Lawrence Przybysz) (SPin)

Jan. 25, 2022

Jan. 25, 2022

PACER
64

ORDER REFERRING OTHER MATTERS to Magistrate Judge Stafford: Settlement Conference. Signed by District Judge David M. Lawson. (SPin) (Entered: 01/25/2022)

Jan. 25, 2022

Jan. 25, 2022

PACER
65

MOTION to Amend/Correct Response Brief by Oakland Community Health Network. (Boettcher, Matthew) (Entered: 01/27/2022)

Jan. 27, 2022

Jan. 27, 2022

PACER
66

RESPONSE to 56 MOTION for Summary Judgment filed by Oakland Community Health Network. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit) (Boettcher, Matthew) Modified on 1/27/2022 (LHos).[DOCUMENT HAS INCORRECT CASE NUMBER IN CAPTION] [DOCUMENT ENTITLED AMENDED BRIEF OPPOSING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT] (Entered: 01/27/2022)

Jan. 27, 2022

Jan. 27, 2022

PACER
67

ORDER Granting 65 Motion to Amend Response. Signed by District Judge David M. Lawson. (SPin) (Entered: 01/28/2022)

Jan. 28, 2022

Jan. 28, 2022

PACER
68

ORDER REFERRING OTHER MATTERS to Magistrate Judge Stafford : Settlement Conference. Signed by District Judge David M. Lawson. (SPin) (Entered: 02/03/2022)

Feb. 3, 2022

Feb. 3, 2022

PACER
69

NOTICE TO APPEAR IN PERSON: Confidential Settlement Statement due by 3/7/2022; Settlement Conference set for 3/14/2022 at 10:00 AM before Magistrate Judge Elizabeth A. Stafford. (Attachments: # 1 Document Continuation) (MarW) (Entered: 02/04/2022)

Feb. 4, 2022

Feb. 4, 2022

PACER
70

SUPPLEMENTAL BRIEF re 56 MOTION for Summary Judgment filed by CK by his Next Friend Marissa Springstead. (Zagata, Simon) (Entered: 02/10/2022)

Feb. 10, 2022

Feb. 10, 2022

PACER

Minute Entry for in-person proceedings before Magistrate Judge Elizabeth A. Stafford: Settlement Conference held on 3/14/2022. Disposition: Settlement Conference to be continued. (Court Reporter: None Present, Not on the Record) (MarW)

March 14, 2022

March 14, 2022

PACER
71

NOTICE TO APPEAR IN PERSON: Continuation of Settlement Conference set for 5/17/2022 at 10:00 AM before Magistrate Judge Elizabeth A. Stafford. (MarW) (Entered: 03/14/2022)

March 14, 2022

March 14, 2022

PACER
72

TRANSCRIPT of Motion Hearing held on 05/12/2021. (Court Reporter/Transcriber: Rene L Twedt) (Number of Pages: 94) The parties have 21 days to file with the court and Court Reporter/Transcriber a Redaction Request of this transcript. If no request is filed, the transcript may be made remotely electronically available to the public without redaction after 90 days. Redaction Request due 4/26/2022. Redacted Transcript Deadline set for 5/6/2022. Release of Transcript Restriction set for 7/5/2022. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber at WWW.TRANSCRIPTORDERS.COM before the deadline for Release of Transcript Restriction. After that date, the transcript is publicly available. (Twedt, R) (Entered: 04/05/2022)

April 5, 2022

April 5, 2022

PACER
73

NOTICE by Dana Lasenby, Director of OCHN, Oakland Community Health Network (OCHN Rule 26(a)(3) Disclosures) (Boettcher, Matthew) (Entered: 04/08/2022)

April 8, 2022

April 8, 2022

PACER
74

Rule 26(a)(3) Exhibit & WITNESS LIST by CK by his Next Friend Marissa Springstead (Zagata, Simon) (Entered: 04/08/2022)

April 8, 2022

April 8, 2022

PACER

Case Details

State / Territory: Michigan

Case Type(s):

Disability Rights

Key Dates

Filing Date: Dec. 15, 2020

Closing Date: July 29, 2022

Case Ongoing: No

Plaintiffs

Plaintiff Description:

private plaintiff

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

Oakland Community Health Network, City

Defendant Type(s):

Hospital/Health Department

Case Details

Causes of Action:

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Litigation

Content of Injunction:

Preliminary relief granted

Issues

Disability and Disability Rights:

disability, unspecified