Case: K.B. v. Michigan Department of Health Human Services

K.B. v. Michigan Department of Health and Human Services

D.D. v. Michigan Department of Health and Human Services

D.D. v. Michigan Department of Health and Human Services

D.D. v. Michigan Department of Health and Human Services

COMPLAINT filed by All Plaintiffs against All Defendants with Jury Demand. Plaintiff requests summons issued. Receipt No: 0645-6762305 - Fee: $ 400. County of 1st Plaintiff: Roscommon - County Where Action Arose: Lapeer - County of 1st Defendant: Ingham. [Previously dismissed case: No] [Possible companion case(s): None] (Honigman, David) (Entered: 06/06/2018)

NOTICE of Appearance by Gerard V. Mantese on behalf of All Plaintiffs. (Mantese, Gerard) (Entered: 06/06/2018)

ATTORNEY APPEARANCE: Emily S. Fields appearing on behalf of All Plaintiffs (Fields, Emily) (Entered: 06/06/2018)

SUMMONS Issued for *Nick Lyon, Michigan Department of Health and Human Services, Richard Snyder* (SKra) (Entered: 06/06/2018)

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 (SKra)

ATTORNEY APPEARANCE: Chris E. Davis appearing on behalf of All Plaintiffs (Davis, Chris) (Entered: 06/06/2018)

ATTORNEY APPEARANCE: Andrea L. Rizor appearing on behalf of All Plaintiffs (Rizor, Andrea) (Entered: 06/06/2018)

NOTICE of Appearance by Theresamarie Mantese on behalf of All Plaintiffs. (Mantese, Theresamarie) (Entered: 06/06/2018)

Notice of Corrected Judicial Assignment due to Clerical Error: Reassigned from * District Judge Bernard A. Friedman* and *Magistrate Judge Stephanie Dawkins Davis* to District Judge Thomas L. Ludington and Magistrate Judge Patricia T. Morris (SSch) (Entered: 06/07/2018)

ATTORNEY APPEARANCE: Kristin M. Heyse appearing on behalf of Nick Lyon, Michigan Department of Health and Human Services, Richard Snyder (Heyse, Kristin) (Entered: 06/19/2018)

CERTIFICATE of Service/Summons Returned Executed. Nick Lyon served on 6/11/18. (Mantese, Gerard) (Entered: 06/19/2018)

CERTIFICATE of Service/Summons Returned Executed. Richard Snyder served on 6/11/18. (Mantese, Gerard) (Entered: 06/19/2018)

CERTIFICATE of Service/Summons Returned Executed. MI Dept. of Health and Human Services served on 6/11/18. (Mantese, Gerard) (Entered: 06/19/2018)

STIPULATION AND ORDER to Extend Deadline for Defendants to File Responsive Pleading. (Responsive Pleading due by 7/23/2018.) Signed by District Judge Thomas L. Ludington. (KWin) (Entered: 06/20/2018)

ATTORNEY APPEARANCE: John J. Conway, III appearing on behalf of All Plaintiffs (Conway, John) (Entered: 07/24/2018)

STIPULATION AND ORDER to Extend Deadline for Defendants to File Responsive Pleading re 1 Complaint. (Response due by 8/15/2018.) Signed by District Judge Thomas L. Ludington. (KWin) (Entered: 07/27/2018)

MOTION to Dismiss and Brief in Support by Nick Lyon, Michigan Department of Health and Human Services, Richard Snyder. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A Notice for PS, # 3 Exhibit B Notice for JW, # 4 Exhibit C Notice for MB, # 5 Exhibit D Notices for GG, # 6 Exhibit E Guba v. Huron Cty., # 7 Exhibit F DaJour B. v. City of New York, # 8 Exhibit G Rumburg v. Sec'y of the Army) (Heyse, Kristin) (Entered: 09/07/2018)

NOTICE OF HEARING on 17 MOTION to Dismiss and Brief in Support. Motion Hearing set for 11/14/2018 at 3:30 PM before District Judge Thomas L. Ludington. (KWin) (Entered: 09/12/2018)

RESPONSE to 17 MOTION to Dismiss and Brief in Support filed by All Plaintiffs. (Honigman, David) (Entered: 09/28/2018)

RESPONSE to 17 MOTION to Dismiss and Brief in Support Corrected filed by All Plaintiffs. (Honigman, David) (Entered: 10/02/2018)

REPLY to Response re 17 MOTION to Dismiss and Brief in Support filed by All Defendants. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A - Gen. Aviation, Inc. v. Cessna Aircraft Co., # 3 Exhibit B - John B. v. Emkes, # 4 Exhibit C - Unan v. Lyon) (Heyse, Kristin) (Entered: 10/12/2018)

[PLAINTIFFS' MOTION TO FILE SUR-REPLY IN OPPOSITION TO DEFENDANTS' MOTION TO DISMISS] SUR-REPLY re 17 MOTION to Dismiss and Brief in Support and Reply filed by D.P. by guardian, T.P., G.G. by mother and Next Friend M.G., G.P. by parent and Next Friend A.P., J.W. by guardian S.P., K.B. by mother, Next Friend, and guardian T.B., M.B. by mother, Next Friend, and guaridan T.B., P.S. by guardian, M.S.. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A - Plaintiffs' Sur-Reply in Opposition to Defendants' Motion to Dismiss, # 3 Exhibit B - J.E. v. Wong, 2016 WL 4275590, # 4 Exhibit C - Agreement Between Michigan Department of Health and Human Services And PIHP) (Conway, John) Modified on 10/30/2018 (KWin). (Entered: 10/29/2018)

TEXT-ONLY NOTICE: Motion Hearing on 11/14/2018 is Cancelled re 17 MOTION to Dismiss. 17 Motion to Dismiss and 22 MOTION for Leave to File Sur-Reply will be Decided on the Filed Papers. (KWin)

ORDER Denying 22 Motion For Leave to File a Sur-Reply. Signed by District Judge Thomas L. Ludington. (KWin) (Entered: 11/07/2018)

MOTION for Corrected Judicial Assignment by All Plaintiffs. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 Prepaid Inpatient Health Plan Map, # 3 Exhibit 2 Instructions for Attorneys Completing Civil Cover Sheet (Form JS 44), # 4 Exhibit 3 Civil Cover Sheet (Form JS 44), # 5 Exhibit 4 ECF User Manual, # 6 Exhibit 5 Declaration of Dr. Todd Lininger) (Honigman, David) (Entered: 11/08/2018)

Amended MOTION re 24 MOTION for Corrected Judicial Assignment by All Plaintiffs. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 Prepaid Inpatient Health Plan Map, # 3 Exhibit 2 Instructions for Attorneys Completing Civil Cover Sheet (Form JS 44), # 4 Exhibit 3 Civil Cover Sheet (Form JS 44), # 5 Exhibit 4 ECF User Manual, # 6 Exhibit 5 Declaration of Dr. Todd Lininger) (Honigman, David) (Entered: 11/09/2018)

TEXT-ONLY ORDER Finding as Moot 24 Motion for Corrected Judicial Assignment by all Plaintiffs as Amended 25 Motion for Corrected Judicial Assignment was Filed for Consideration. Signed by District Judge Thomas L. Ludington. (KWin)

Notice of Determination of Motion Without Oral Argument re 25 Amended MOTION re 24 MOTION for Corrected Judicial Assignment. (KWin) (Entered: 11/19/2018)

RESPONSE to 25 Amended MOTION re 24 MOTION for Corrected Judicial Assignment filed by All Defendants. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A - Fee v. Inland Lakes Management, 2006 U.S. Dist. LEXIS 71917 (E.D. Mich. 2006), p. *4, # 3 Exhibit B - Christner v. Wal-Mart Stores E., L.P., 2010 U.S. Dist. LEXIS 62607 (E.D. Mich. 2010), p. *3, # 4 Exhibit C - Morton v. Wright, 2007 U.S. Dist. LEXIS 16352 (E.D. Mi. 2007), pp. *27-29, # 5 Exhibit D - MRP Props., LLC, 2017 U.S. Dist. LEXIS 194841 (E.D. Mich. 2017), p. *2, # 6 Exhibit E - Energy Conversion Devices Liquidation Trust v. Trina Solar Ltd., 2014 U.S. Dist. LEXIS 82726 (E.D. Mich. 2014), pp. *7-8) (Heyse, Kristin) (Entered: 11/20/2018)

REPLY to Response re 25 Amended MOTION re 24 MOTION for Corrected Judicial Assignment filed by All Plaintiffs. (Honigman, David) (Entered: 11/26/2018)

ORDER Denying Plaintiffs' 25 Motion for Corrected Judicial Assignment and Granting Defendants' 17 Motion to Dismiss in Part. Signed by District Judge Thomas L. Ludington. (KWin) (Entered: 02/06/2019)

ANSWER to Complaint with Affirmative Defenses by All Defendants. (Heyse, Kristin) (Entered: 02/20/2019)

MOTION for Reconsideration re 29 Order on Motion to Dismiss, Order on Motion - Free by All Defendants. (Heyse, Kristin) (Entered: 02/20/2019)

ORDER Directing Response from Plaintiffs to 31 Motion for Reconsideration. Response due by 4/1/2019. Signed by District Judge Thomas L. Ludington. (KWin) (Entered: 03/19/2019)

NOTICE of Appearance by Mark A. Cody on behalf of All Plaintiffs. (Cody, Mark) (Entered: 03/22/2019)

RESPONSE to 31 MOTION for Reconsideration re 29 Order on Motion to Dismiss, Order on Motion - Free filed by All Plaintiffs. (Honigman, David) (Entered: 04/01/2019)

ORDER Denying Defendants' 31 Motion for Reconsideration. Signed by District Judge Thomas L. Ludington. (KWin) (Entered: 05/24/2019)

ORDER to Submit Material for Case Management Order. (Short Statements Submitted to CM/Utilities/Proposed Orders due by 6/10/2019.) Signed by District Judge Thomas L. Ludington. (KWin) (Entered: 05/24/2019)

Case Management and SCHEDULING ORDER: Discovery due by 1/21/2020; Settlement Conference set for 1/29/2020 at 3:00 PM before District Judge Thomas L. Ludington; Dispositive Motion Cut-off set for 2/28/2020; Final Pretrial Conference set for 6/9/2020 at 2:00 PM before District Judge Thomas L. Ludington; Jury Trial set for 6/23/2020 at 8:30 AM before District Judge Thomas L. Ludington. Signed by District Judge Thomas L. Ludington. (Refer to image for additional dates) (KWin) (Entered: 06/20/2019)

NOTICE of Appearance by Abigail Koelzer Coursolle on behalf of All Plaintiffs. (Coursolle, Abigail) (Entered: 07/01/2019)

Stipulated Qualified PROTECTIVE ORDER. Signed by District Judge Thomas L. Ludington. (KWin) (Entered: 07/12/2019)

NOTICE TO APPEAR: Status Conference re Submission of Proposed Modification Order of Current Scheduling Dates set for 12/19/2019 at 11:00 AM before District Judge Thomas L. Ludington. (KWin) (Entered: 11/25/2019)

Minute Entry for proceedings before District Judge Thomas L. Ludington: Status Conference held on 12/19/2019. (Court Reporter: None Present, Not on the Record) (KWin)

ORDER Vacating 37 Scheduling Order and Scheduling Status Conference. (Status Conference set for 2/11/2020 at 4:00 PM before District Judge Thomas L. Ludington.) Signed by District Judge Thomas L. Ludington. (KWin) (Entered: 12/23/2019)

Text-Only Notice of Hearing Cancelled

TEXT-ONLY NOTICE: 37 Scheduling Order is Vacated: Discovery 1/21/2020; Settlement Conference on 1/29/2020; Dispositive Motion Cut-off 2/28/2020; Final Pretrial Conference 6/9/2020 and Jury Trial 6/23/2020 are Cancelled. (KWin)

ATTORNEY APPEARANCE: Jonathan Nabeel Ajlouny appearing on behalf of All Plaintiffs (Ajlouny, Jonathan) (Entered: 02/11/2020)

Minute Entry for proceedings before District Judge Thomas L. Ludington: Status Conference held on 2/11/2020. Disposition: Scheduling Order to Issue. (Court Reporter: None Present, Not on the Record) (KWin)

Scheduling Order. ( TELEPHONIC Status Conference set for 3/16/2020 at 2:00 PM before District Judge Thomas L. Ludington, TELEPHONIC Status Conference set for 4/16/2020 at 4:00 PM before District Judge Thomas L. Ludington. ***For Each Conference Use Call-In Number: 888-808-6929; Access Code: 9250878#***) Signed by District Judge Thomas L. Ludington. (KWin) (Entered: 03/10/2020)

Minute Entry for proceedings before District Judge Thomas L. Ludington: Telephonic Status Conference held on 3/16/2020. (Court Reporter: None Present, Not on the Record) (KWin)

NOTICE of Appearance by Tracy E. Van den Bergh on behalf of Nick Lyon, Michigan Department of Health and Human Services, Richard Snyder. (Van den Bergh, Tracy) (Entered: 03/18/2020)

Text-Only Notice of Hearing Cancelled

TEXT-ONLY NOTICE: Telephonic Status Conference on 4/16/2020 is Cancelled and Will Be Rescheduled by Order. (KWin)

STIPULATION AND ORDER to Amend 3/10/2020 Scheduling Order. ( TELEPHONIC Status Conference set for 6/23/2020 at 2:00 PM before District Judge Thomas L. Ludington (From 4/16/2020), and TELEPHONIC Status Conference set for 7/15/2020 at 2:00 PM before District Judge Thomas L. Ludington. (Call-in Information to be Provided in Separate Email to Counsel.) ) Signed by District Judge Thomas L. Ludington. (KWin) (Entered: 04/09/2020)

Minute Entry for proceedings before District Judge Thomas L. Ludington: Telephonic Status Conference held on 6/23/2020. (Court Reporter: None Present, Not on the Record) (KWin)

NOTICE of Appearance by Kyle M. Williams on behalf of All Plaintiffs. (Williams, Kyle) (Entered: 07/06/2020)

MOTION for Withdrawal of Attorney Andra L. Rizor by All Plaintiffs. (Rizor, Andrea) (Entered: 07/06/2020)

ORDER Granting 47 Motion to Withdraw Attorney.. Signed by District Judge Thomas L. Ludington. (KWin) (Entered: 07/15/2020)

Minute Entry for proceedings before District Judge Thomas L. Ludington: Telephonic Status Conference held on 7/15/2020. (TELEPHONIC Status Conference set for 8/11/2020 at 3:00 PM before District Judge Thomas L. Ludington. *Counsel will Receive Separate Email with Call-In Number.* ) (Court Reporter: None Present, Not on the Record) (KWin)

~Util - Set Deadlines/Hearings

NOTICE of Appearance by Kimberly Lewis on behalf of All Plaintiffs. (Lewis, Kimberly) (Entered: 07/24/2020)

Minute Entry for proceedings before District Judge Thomas L. Ludington: Telephonic Status Conference held on 8/11/2020. ( TELEPHONIC Status Conference set for 11/4/2020 at 3:00 PM before District Judge Thomas L. Ludington. Counsel Will Receive a Separate Email with Call-In Number. ) (Court Reporter: None Present, Not on the Record) (KWin)

Interim AGREEMENT. (KWin) (Entered: 08/11/2020)

STIPULATION AND ORDER Allowing Plaintiffs to File Their Motion for Class Certification After Settlement Negotiations. Signed by District Judge Thomas L. Ludington. (KWin) (Entered: 08/11/2020)

~Util - Set Deadlines/Hearings

NOTICE of Appearance by Stephanie M. Service on behalf of Nick Lyon, Michigan Department of Health and Human Services, Richard Snyder. (Service, Stephanie) (Entered: 10/28/2020)

Minute Entry for proceedings before District Judge Thomas L. Ludington: Telephonic Status Conference held on 11/4/2020. (TELEPHONIC Status Conference set for 4/5/2021 at 3:00 PM before District Judge Thomas L. Ludington. Counsel will receive a Separate Email with Call-In Number. ) (Court Reporter: None Present, Not on the Record) (KWin)

~Util - Set Deadlines/Hearings

STIPULATION AND ORDER to Extend Interim Agreement. (Interim Agreement Extended until 4/2/2021. ) Signed by District Judge Thomas L. Ludington. (KWin) (Entered: 11/19/2020)

NOTICE of Appearance by Joshua Whicker on behalf of All Plaintiffs. (Whicker, Joshua) (Entered: 01/13/2021)

Stipulation and Order for Substitution of Attorney. (Attorney Precious Synott Boone for Nick Lyon, Michigan Department of Health and Human Services, and Richard Snyder added.) Signed by District Judge Thomas L. Ludington. (KWin) (Entered: 02/09/2021)

STIPULATION To Extend Interim Agreement by All Defendants (Service, Stephanie) (Entered: 04/02/2021)

Minute Entry for proceedings before District Judge Thomas L. Ludington: Telephonic Status Conference held on 4/5/2021. (Court Reporter: None Present, Not on the Record) (KWin)

Stipulation and Order to Extend Interim Agreement and to Allow Plaintiffs to Move to File an Amended Complaint After Settlement Negotiations. (Interim Agreement Extended Until 6/1/2021.) Signed by District Judge Thomas L. Ludington. (KWin) (Entered: 04/12/2021)

STIPULATION AND ORDER Extending the Interim Agreement. ( Interim Agreement Extended to 9/1/2021. ) Signed by District Judge Thomas L. Ludington. (KWin) (Entered: 06/03/2021)

STIPULATION AND ORDER to Dismiss Defendant Governor Gretchen Whitmer. Signed by District Judge Thomas L. Ludington. (KWin) (Entered: 06/14/2021)

ORDER for Substitution of Attorney with stipulation. Signed by District Judge Thomas L. Ludington. (KWin) (Entered: 08/20/2021)

STIPULATION AND ORDER Extending the Interim Agreement. (Interim Agreement Extended to 12/1/2021. ) Signed by District Judge Thomas L. Ludington. (KWin) (Entered: 09/02/2021)

NOTICE of Appearance by Stephanie M. Service on behalf of Nick Lyon, Michigan Department of Health and Human Services. (Service, Stephanie) Modified on 9/21/2021 (TTho).[APPEARANCE WILL BE RE-FILED. INCORRECT ATTORNEY LOGIN USED] (Entered: 09/21/2021)

NOTICE of Appearance by Mark E. Donnelly on behalf of Nick Lyon, Michigan Department of Health and Human Services. (Donnelly, Mark) (Entered: 09/22/2021)

STIPULATION AND ORDER Extending and Amending the Interim Agreement. (Interim Agreement is Extended Until 2/1/2022.) Signed by District Judge Thomas L. Ludington. (KWin) (Entered: 11/23/2021)

NOTICE TO APPEAR BY TELEPHONE: Telephonic Status Conference set for 1/11/2022 at 4:00 PM before District Judge Thomas L. Ludington. Counsel will Receive a Separate Email with Call-In Number. (KWin) (Entered: 11/23/2021)

NOTICE of Withdrawal of Attorney Joshua Whicker for on behalf of All Plaintiffs. (Attachments: # 1 Exhibit 1-Proposed Order of Withdrawal) (Whicker, Joshua) (Entered: 12/17/2021)

RE-NOTICE TO APPEAR BY TELEPHONE: Telephonic Status Conference RE-set for 1/27/2022 at 4:30 PM before District Judge Thomas L. Ludington (From 1/11/2022). (KWin) (Entered: 12/22/2021)

ORDER of Withdrawal of Appearance of Joshua L. Whicker Per 66 Notice. Signed by District Judge Thomas L. Ludington. (KWin) (Entered: 12/22/2021)

Minute Entry for telephonic proceedings before District Judge Thomas L. Ludington: Telephonic Status Conference held on 1/27/2022. (Court Reporter: None Present, Not on the Record) (KWin)

STIPULATION AND ORDER Extending and Amending Interim Agreement. (Interim Agreement Extended to 11/23/2022. ) Signed by District Judge Thomas L. Ludington. (KWin) (Entered: 02/03/2022)

STIPULATION TO AMEND COMPLAINT by All Plaintiffs (Williams, Kyle) (Entered: 02/13/2022)

AMENDED COMPLAINT filed by G.G. by mother and Next Friend M.G., G.P. by parent and Next Friend A.P., L.G. by her parent and Next Friend T.G., S.W. by his parent and Next Friend C.W., M.M. by his parent and Next Friend C.C., K.M. by his parent and guardian L.M., D.D.by his parent and Next Friend B.N. against All Defendants. NEW PARTIES ADDED. (Williams, Kyle) (Entered: 02/13/2022)

STIPULATION AND ORDER to Extend Time for Defendants' Response to Plaintiffs' 71 First Amended Complaint. (Response due by 3/31/2022.) Signed by District Judge Thomas L. Ludington. (KWin) (Entered: 02/17/2022)

Stipulation and Order for Substitution of Counsel. Attorney Nicholas Abed Gable Added for All Plaintiffs. Signed by District Judge Thomas L. Ludington. (KWin) (Entered: 02/17/2022)

NOTICE by All Plaintiffs re 71 Amended Complaint, (Gable, Nicholas) (Entered: 03/21/2022)

ANSWER to Amended Complaint with Affirmative Defenses by All Defendants. (Service, Stephanie) (Entered: 03/31/2022)

MOTION to Certify Class by All Plaintiffs. (Attachments: # 1 Index of Exhibits, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit) (Gable, Nicholas) (Entered: 04/08/2022)

Amended MOTION to Certify Class by All Plaintiffs. (Attachments: # 1 Index of Exhibits, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit) (Gable, Nicholas) (Entered: 04/11/2022)

1 Index of Exhibits

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2 Exhibit

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3 Exhibit

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4 Exhibit

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5 Exhibit

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STIPULATION AND ORDER Extending and Amending the Interim Agreement. (Interim Agreement Extended to 8/1/2022. ) Signed by District Judge Thomas L. Ludington. (KWin) (Entered: 04/25/2022)

RESPONSE to 77 Amended MOTION to Certify Class filed by All Defendants. (Service, Stephanie) (Entered: 05/02/2022)

STIPULATION AND ORDER Extending and Amending the Interim Agreement. (Interim Agreement Extended Until 11/23/2022. ) Signed by District Judge Thomas L. Ludington. (KWin) (Entered: 08/02/2022)

Notice to Appear

Status Conference