Case: Michigan P&A Svc v. Henry Ford Health System

4:20-cv-10033 | U.S. District Court for the Eastern District of Michigan

Filed Date: Jan. 7, 2020

Closed Date: Oct. 22, 2020

Clearinghouse coding complete

Case Summary

This is a case about a Protection and Advocacy (P&A) agency’s record access authority. On January 7, 2020, Michigan Protection and Advocacy Service, Inc. (Michigan P&A), the state's P&A organization, filed suit in the U.S. District Court for the Eastern District of Michigan. Michigan P&A filed this lawsuit against Henry Ford Health System (Henry Ford), Henry Ford Macomb Hospital Corporation (Macomb), and Henry Ford Wyandotte Hospital Corporation (Wyandotte) under the Protection and Advocacy for…

This is a case about a Protection and Advocacy (P&A) agency’s record access authority. On January 7, 2020, Michigan Protection and Advocacy Service, Inc. (Michigan P&A), the state's P&A organization, filed suit in the U.S. District Court for the Eastern District of Michigan. Michigan P&A filed this lawsuit against Henry Ford Health System (Henry Ford), Henry Ford Macomb Hospital Corporation (Macomb), and Henry Ford Wyandotte Hospital Corporation (Wyandotte) under the Protection and Advocacy for Individuals with Mental Illness Act (PAIMI Act), the Developmental Disabilities Assistance and Bill of Rights Act (DD Act), and the Protection and Advocacy of Individual Rights Program of the Rehabilitation Act (PAIR Act). Represented by itself, Michigan P&A sought injunctive and declaratory relief, as well as costs. Michigan P&A sought injunctive relief in the form of requiring Henry Ford and the respective hospitals to provide all reports, documents, and records, related to the deaths of several patients. Judge Stephanie Dawkins Davis presided over this matter.

In 2019, Michigan P&A received three death reports regarding patients at Macomb and Wyandotte. Based on these reports as probable cause, Michigan P&A opened an investigation into these deaths. Around October 29, 2019, Michigan P&A began requesting records related to the patients and their deaths. Henry Ford granted access to all requested records except peer review records, root cause analysis, and Office of Recipient Rights (ORR) records. This case was brought to gain access to those records. Michigan P&A filed for summary judgment on July 30, 2020. In response, Henry Ford filed a Motion to Compel discovery and Michigan P&A asked for a protective order. This case was dismissed by stipulated order on October 22, 2020.

Summary Authors

NDRN (12/15/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/16662308/parties/michigan-protection-and-advocacy-service-inc-v-henry-ford-health-system/


Judge(s)

Davis, Stephanie Dawkins (Michigan)

Attorney for Plaintiff

Davis, Chris E. (Michigan)

Zagata, Simon Frederick (Michigan)

Attorney for Defendant

Ramin, Nasseem S. (Michigan)

Schehr, Thomas M. (Michigan)

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Documents in the Clearinghouse

Document
1

4:20-cv-10033

Complaint

Jan. 7, 2020

Jan. 7, 2020

Complaint
20

4:20-cv-10033

Plaintiffs Motion for a Protective Order

Sept. 14, 2020

Sept. 14, 2020

Pleading / Motion / Brief
30

4:20-cv-10033

Order Denying in Part and Granting in Part Defendants' Motion to Adjourn Summary Judgment Briefing Dates

Oct. 2, 2020

Oct. 2, 2020

Order/Opinion
32

4:20-cv-10033

Stipulated Order for Dismissal with Prejudice

Oct. 22, 2020

Oct. 22, 2020

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/16662308/michigan-protection-and-advocacy-service-inc-v-henry-ford-health-system/

Last updated Nov. 6, 2025, 7:15 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed by Michigan Protection and Advocacy Service, Inc. against All Defendants. Plaintiff requests summons issued. Receipt No: 0645-7550236 - Fee: $ 400. County of 1st Plaintiff: Ingham - County Where Action Arose: Wayne - County of 1st Defendant: Wayne. [Previously dismissed case: No] [Possible companion case(s): None] (Attachments: # 1 Index of Exhibits Index of Exhibits, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I) (Zagata, Simon)[EXHIBITS A-D AND F-I STRICKEN PURSUANT TO 01/16/20 ORDER] Modified on 1/16/2020 (DPer). (Entered: 01/07/2020)

1 Index of Exhibits Index of Exhibits

View on PACER

6 Exhibit E

View on PACER

Jan. 7, 2020

Jan. 7, 2020

Clearinghouse
2

STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Michigan Protection and Advocacy Service, Inc. (Zagata, Simon) (Entered: 01/07/2020)

Jan. 7, 2020

Jan. 7, 2020

3

SUMMONS Issued for * All Defendants * (LGra) (Entered: 01/08/2020)

Jan. 8, 2020

Jan. 8, 2020

4

NOTICE of Appearance by Thomas M. Schehr on behalf of All Defendants. (Schehr, Thomas) (Entered: 01/16/2020)

Jan. 16, 2020

Jan. 16, 2020

5

CERTIFICATE of Service/Summons Returned Executed. Henry Ford Health System served on 1/14/2020, answer due 2/4/2020. (Zagata, Simon) (Entered: 01/16/2020)

Jan. 16, 2020

Jan. 16, 2020

6

CERTIFICATE of Service/Summons Returned Executed. Henry Ford Macomb Hospital served on 1/14/2020, answer due 2/4/2020. (Zagata, Simon) (Entered: 01/16/2020)

Jan. 16, 2020

Jan. 16, 2020

7

CERTIFICATE of Service/Summons Returned Executed. Henry Ford Wyandotte Hospital Corporation served on 1/14/2020, answer due 2/4/2020. (Zagata, Simon) (Entered: 01/16/2020)

Jan. 16, 2020

Jan. 16, 2020

8

STIPULATION AND ORDER striking exhibits to complaint and removing them from the docket. Signed by District Judge Stephen J. Murphy, III. (DPer) (Entered: 01/16/2020)

Jan. 16, 2020

Jan. 16, 2020

Text-Only Reassignment Pursuant to Administrative Order

Jan. 31, 2020

Jan. 31, 2020

Text-Only Order of reassignment from District Judge Stephen J. Murphy, III to District Judge Stephanie Dawkins Davis pursuant to Administrative Order 20-AO-010. (SSch)

Jan. 31, 2020

Jan. 31, 2020

9

ANSWER to Complaint with Affirmative Defenses by Henry Ford Health System, Henry Ford Macomb Hospital, Henry Ford Wyandotte Hospital Corporation. (Schehr, Thomas) (Entered: 02/04/2020)

Feb. 4, 2020

Feb. 4, 2020

10

NOTICE OF RULE 16 SCHEDULING CONFERENCE AND RULE 26 JOINT DISCOVERY PLAN DEADLINE: Telephonic Scheduling Conference set for 5/28/2020 12:00 PM before District Judge Stephanie Dawkins Davis. The parties are to use the call-in information provided in this notice. (THal) (Entered: 04/29/2020)

April 29, 2020

April 29, 2020

RECAP
11

DISCOVERY plan jointly filed pursuant to Federal Rules of Civil Procedure 26(f) (Zagata, Simon) (Entered: 05/21/2020)

May 21, 2020

May 21, 2020

RECAP

Minute Entry for proceedings before District Judge Stephanie Dawkins Davis: Telephonic Scheduling Conference held on 5/28/2020. Case Management Order to be issued. (Court Reporter: None Present, Not on the Record) (THal)

May 28, 2020

May 28, 2020

12

CASE MANAGEMENT ORDER: Discovery due by 8/15/2020. Plaintiff's Dispositive Motion Cut-off set for 9/15/2020; Final Pretrial Conference set for 2/2/2021 02:00 PM before District Judge Stephanie Dawkins Davis; Bench Trial set for 2/16/2021 09:00 AM before District Judge Stephanie Dawkins Davis. Signed by District Judge Stephanie Dawkins Davis. (Refer to image for additional dates) (THal) (Entered: 06/03/2020)

June 3, 2020

June 3, 2020

13

WITNESS LIST by Henry Ford Health System, Henry Ford Macomb Hospital, Henry Ford Wyandotte Hospital Corporation (Schehr, Thomas) (Entered: 06/29/2020)

June 29, 2020

June 29, 2020

14

PLAINTIFF'S WITNESS LIST by Michigan Protection and Advocacy Service, Inc. (Zagata, Simon) (Entered: 06/29/2020)

June 29, 2020

June 29, 2020

15

MOTION for Summary Judgment by Michigan Protection and Advocacy Service, Inc.. (Attachments: # 1 Index of Exhibits Index of Exhibits, # 2 Exhibit 1 - Governor's Designation, # 3 Exhibit 2 - Macomb - NOD Report, # 4 Exhibit 3 - Wyandotte NOD Report, # 5 Exhibit 4 - Wyandote - NOD Report, # 6 Exhibit 5 - Affidavit of Andrea Rizor) (Zagata, Simon) (Entered: 07/30/2020)

1 Index of Exhibits Index of Exhibits

View on PACER

2 Exhibit 1 - Governor's Designation

View on PACER

3 Exhibit 2 - Macomb - NOD Report

View on PACER

4 Exhibit 3 - Wyandotte NOD Report

View on PACER

5 Exhibit 4 - Wyandote - NOD Report

View on PACER

6 Exhibit 5 - Affidavit of Andrea Rizor

View on PACER

July 30, 2020

July 30, 2020

16

NOTICE of Appearance by Chris E. Davis on behalf of Michigan Protection and Advocacy Service, Inc.. (Davis, Chris) (Entered: 08/03/2020)

Aug. 3, 2020

Aug. 3, 2020

17

MOTION to Compel Discovery by All Defendants. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A - Defendants' Discovery Requests and Plaintiff's Responses, # 3 Exhibit B - Rule 30(b)(6) Deposition Notice, # 4 Exhibit C - August 21, 2020 Email from Ms. Hallwood, # 5 Exhibit D - August 14, 2020 Email from Defendants' Counsel to Ms. Hallwood) (Schehr, Thomas) (Entered: 08/27/2020)

Aug. 27, 2020

Aug. 27, 2020

18

NOTICE of Change of Address/Contact Information by Simon Frederick Zagata on behalf of Michigan Protection and Advocacy Service, Inc.. (Zagata, Simon) (Entered: 09/10/2020)

Sept. 10, 2020

Sept. 10, 2020

19

RESPONSE to 17 MOTION to Compel Discovery filed by Michigan Protection and Advocacy Service, Inc.. (Attachments: # 1 Exhibit 1 - Discovery Documents) (Zagata, Simon) (Entered: 09/10/2020)

Sept. 10, 2020

Sept. 10, 2020

20

MOTION for Protective Order by Michigan Protection and Advocacy Service, Inc.. (Attachments: # 1 Index of Exhibits Index of Exhibits, # 2 Exhibit 1 - Discovery Requests and Notices of Deposition, # 3 Exhibit 2 - Affidavit of Andrea L. Rizor) (Zagata, Simon) (Entered: 09/14/2020)

1 Index of Exhibits Index of Exhibits

View on PACER

2 Exhibit 1 - Discovery Requests and Notices of Deposition

View on PACER

3 Exhibit 2 - Affidavit of Andrea L. Rizor

View on PACER

Sept. 14, 2020

Sept. 14, 2020

Clearinghouse
21

REPLY to Response re 17 MOTION to Compel Discovery filed by All Defendants. (Schehr, Thomas) (Entered: 09/16/2020)

Sept. 16, 2020

Sept. 16, 2020

22

ORDER REFERRING MOTION to Magistrate Judge Anthony P. Patti: 17 MOTION to Compel Discovery filed by Henry Ford Health System, Henry Ford Macomb Hospital, Henry Ford Wyandotte Hospital Corporation, 20 MOTION for Protective Order filed by Michigan Protection and Advocacy Service, Inc. Signed by District Judge Stephanie Dawkins Davis. (THal) (Entered: 09/23/2020)

Sept. 23, 2020

Sept. 23, 2020

23

RESPONSE to 20 MOTION for Protective Order in Opposition filed by All Defendants. (Schehr, Thomas) (Entered: 09/23/2020)

Sept. 23, 2020

Sept. 23, 2020

24

NOTICE OF HEARING BY VIDEO CONFERENCE on 20 MOTION for Protective Order, 17 MOTION to Compel Discovery. Resolved/Unresolved Issues due by 10/23/2020, Motion Hearing set for 10/29/2020 10:00 AM before Magistrate Judge Anthony P. Patti |Zoom Webinar Information: https://www.zoomgov.com/j/1605344390?pwd=c3lTdE9OanNYVnlVejVjVy9BZTl2QT09 Passcode: 079571 Or iPhone one-tap : US: +16692545252,,1605344390# or +16468287666,,1605344390# Or Telephone: Dial(for higher quality, dial a number based on your current location): US: +1 669 254 5252 or +1 646 828 7666| (MWil) (Entered: 09/24/2020)

Sept. 24, 2020

Sept. 24, 2020

25

REPLY to Response re 20 MOTION for Protective Order filed by Michigan Protection and Advocacy Service, Inc.. (Zagata, Simon) (Entered: 09/25/2020)

Sept. 25, 2020

Sept. 25, 2020

26

NOTICE of Appearance by Nasseem S. Ramin on behalf of All Defendants. (Ramin, Nasseem) (Entered: 09/30/2020)

Sept. 30, 2020

Sept. 30, 2020

27

MOTION to Adjourn 15 MOTION for Summary Judgment filed by Michigan Protection and Advocacy Service, Inc. FOR EXPEDITED CONSIDERATION by All Defendants. (Ramin, Nasseem) (Entered: 09/30/2020)

Sept. 30, 2020

Sept. 30, 2020

28

ORDER Requiring Response to 27 Motion to Adjourn. Response due by Close of Business on 10/1/2020. Signed by District Judge Stephanie Dawkins Davis. (THal) (Entered: 09/30/2020)

Sept. 30, 2020

Sept. 30, 2020

29

RESPONSE to 27 MOTION to Adjourn 15 MOTION for Summary Judgment filed by Michigan Protection and Advocacy Service, Inc. FOR EXPEDITED CONSIDERATION filed by Michigan Protection and Advocacy Service, Inc.. (Attachments: # 1 Exhibit 1 - Email) (Zagata, Simon) (Entered: 10/01/2020)

Oct. 1, 2020

Oct. 1, 2020

30

ORDER denying in part and granting in part 27 Motion to Adjourn Summary Judgment Briefing Dates. Signed by District Judge Stephanie Dawkins Davis. (THal) (Entered: 10/02/2020)

Oct. 2, 2020

Oct. 2, 2020

Clearinghouse
31

STIPULATED ORDER for Extension to Respond to 15 MOTION for Summary Judgment :( Response due by 10/16/2020). Signed by District Judge Stephanie Dawkins Davis. (THal) (Entered: 10/14/2020)

Oct. 14, 2020

Oct. 14, 2020

32

STIPULATED ORDER DISMISSING CASE Signed by District Judge Stephanie Dawkins Davis. (THal) (Entered: 10/22/2020)

Oct. 22, 2020

Oct. 22, 2020

Clearinghouse

TEXT-ONLY NOTICE: Motion Hearing on 10/29/2020 is Cancelled re: 24 Notice of Hearing on Motion,, (MWil)

Oct. 27, 2020

Oct. 27, 2020

Text-Only Notice of Hearing Cancelled

Oct. 27, 2020

Oct. 27, 2020

Case Details

State / Territory:

Michigan

Case Type(s):

Disability Rights

Key Dates

Filing Date: Jan. 7, 2020

Closing Date: Oct. 22, 2020

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Michigan Protection and Advocacy system

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

Henry Ford Health System, Non-profit or advocacy

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 for Individuals with Mental Illness (PAIMI) Act, 42 U.S.C. § 10801

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

Other Dockets:

Eastern District of Michigan 4:20-cv-10033

Available Documents:

Any published opinion

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: Plaintiff

Relief Granted:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Issues

Disability and Disability Rights:

Mental impairment

P&A access authority

P&A Associational Standing