Case: Michigan Protection and Advocacy Service v. Evans

Michigan Protection and Advocacy Service, Inc. v. Evans

Michigan Protection and Advocacy Service, Inc. v. Evans

Michigan Protection and Advocacy Service, Inc. v. Evans

COMPLAINT filed by Michigan Protection and Advocacy Service, Inc. against Michigan Protection and Advocacy Service, Inc.. Plaintiff requests summons issued. Receipt No: 06450000000002020450 - Fee: $ 350. County of 1st Plaintiff: Wayne - County Where Action Arose: Wayne - County of 1st Defendant: Wayne. [Previously dismissed case: No] [Possible companion case(s): None] (Davis, Chris) (Entered: 06/09/2009)

SUMMONS Issued for *Warren C. Evans* (SSch) (Entered: 06/10/2009)

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 (SSch)

CERTIFICATE of Service/Summons Returned Executed. Warren C. Evans served on 6/12/2009, answer due 7/2/2009. (Davis, Chris) (Entered: 06/12/2009)

REQUEST FOR CLERK'S ENTRY OF DEFAULT as to Warren C. Evans Affidavit by Plaintiff's Counsel and Proof of Service by Michigan Protection and Advocacy Service, Inc.. (Davis, Chris) (Entered: 07/06/2009)

CLERK'S ENTRY OF DEFAULT as to *Warren C. Evans* (DWor) (Entered: 07/07/2009)

MOTION for Default Judgment as to Warren C. Evans, MOTION for Summary Judgment by Michigan Protection and Advocacy Service, Inc.. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 - Detroit Free Press Article Dated January 19, 2009, # 3 Exhibit 2 - Affidavit of Michelle M. Mull, # 4 Exhibit 3 - Letter to James Barren from Sara Koroniotis, # 5 Exhibit 4 - Letter to M. Katherine Ben-Ami from Sara Koroniotis, # 6 Exhibit 5 - Letter to Sara Koroniotis from M. Katherine Ben-Ami and Muddasar Tawakkul Dated April 7, 2009, # 7 Exhibit 6 - Letter to M. Katherine Ben-Ami from Chris Davis, # 8 Exhibit 7 - Letter to Sara Koroniotis from M. Katherine Ben-Ami and Muddasar Tawakkul Dated June 11, 2009, # 9 Exhibit 8 - Letter to Chris Davis from M. Katherine Ben-Ami, # 10 Exhibit 9 - Macomb County Probate Court Case List, # 11 Index of Exhibits 10 - Wayne County Probate Court Case List, # 12 Exhibit 11 - Michigan Protection and Advocacy Service, Inc., v. Warren C. Evans Order and Judgment, # 13 Exhibit 12 - Iowa Protection and Advocacy Services, Inc., vs. Gerard Treatment Programs Final Order) (Davis, Chris) (Entered: 07/17/2009)

2 Index of Exhibits

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3 Exhibit 1 - Detroit Free Press Article Dated January 19, 2009

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4 Exhibit 2 - Affidavit of Michelle M. Mull

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5 Exhibit 3 - Letter to James Barren from Sara Koroniotis

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6 Exhibit 4 - Letter to M. Katherine Ben-Ami from Sara Koroniotis

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7 Exhibit 5 - Letter to Sara Koroniotis from M. Katherine Ben-Ami and Muddasar Taw

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8 Exhibit 6 - Letter to M. Katherine Ben-Ami from Chris Davis

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9 Exhibit 7 - Letter to Sara Koroniotis from M. Katherine Ben-Ami and Muddasar Taw

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10 Exhibit 8 - Letter to Chris Davis from M. Katherine Ben-Ami

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11 Exhibit 9 - Macomb County Probate Court Case List

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12 Index of Exhibits 10 - Wayne County Probate Court Case List

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13 Exhibit 11 - Michigan Protection and Advocacy Service, Inc., v. Warren C. Evans

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14 Exhibit 12 - Iowa Protection and Advocacy Services, Inc., vs. Gerard Treatment P

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NOTICE of Appearance by James M. Surowiec on behalf of Warren C. Evans. (Surowiec, James) (Entered: 07/23/2009)

RESPONSE to 6 MOTION for Default Judgment as to Warren C. Evans MOTION for Summary Judgment And Brief in Support filed by Warren C. Evans. (Attachments: # 1 Index of Exhibits Wayne County Defendant's Exhibit, # 2 Exhibit Ex. A: Affidavit of Scott Gatti) (Surowiec, James) (Entered: 07/23/2009)

NOTICE of hearing on 6 MOTION for Default Judgment as to Warren C. Evans MOTION for Summary Judgment. Motion Hearing set for 8/24/2009 02:30 PM before District Judge Denise Page Hood. (BLew) (Entered: 07/30/2009)

ANSWER to Complaint with Affirmative Defenses and reservation of rights by Warren C. Evans. (Surowiec, James)[INCORRECT DOCUMENT FILED] Modified on 8/12/2009 (DPer). (Entered: 08/12/2009)

ANSWER to Complaint with Affirmative Defenses and reservation of rights by Warren C. Evans. (Surowiec, James) (Entered: 08/12/2009)

NOTICE of error as to document 10 . (DPer) (Entered: 08/12/2009)

STIPULATION AND ORDER Setting Aside re 5 Clerks Entry of Default Signed by District Judge Denise Page Hood. (BLew) (Entered: 08/13/2009)

NOTICE TO APPEAR: Scheduling Conference set for 10/13/2009 03:00 PM before District Judge Denise Page Hood (BLew) (Entered: 08/14/2009)

MOTION to Substitute Party, MOTION for Summary Judgment, MOTION for Permanent Injunction, MOTION for Attorney Fees, MOTION for Declaratory Judgment by Michigan Protection and Advocacy Service, Inc.. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 - Detroit Free Press Article Dated January 19, 2009, # 3 Exhibit 2 - Affidavit of Michelle M. Mull, # 4 Exhibit 3 - Letter to James Barren from Sara Koroniotis, # 5 Exhibit 4 - Letter to M. Katherine Ben-Ami from Sara Koroniotis, # 6 Exhibit 5 - Letter to Sara Koroniotis from M. Katherine Ben-Ami and Muddasar Tawakkul Dated April 7, 2009, # 7 Exhibit 6 - Letter to M. Katherine Ben-Ami from Chris Davis, # 8 Exhibit 7 - Letter to Sara Koroniotis from M. Katherine Ben-Ami and Muddasar Tawakkul Dated June 11, 2009, # 9 Exhibit 8 - Letter to Chris Davis from M. Katherine Ben-Ami, # 10 Exhibit 9 - Macomb County Probate Court Case List, # 11 Exhibit 10 - Wayne County Probate Court Case List, # 12 Exhibit 11 - Michigan Protection and Advocacy Service, Inc., v. Warren C. Evans Order and Judgment, # 13 Exhibit 12 - Iowa Protection and Advocacy Services, Inc., vs. Gerard Treatment Programs Final Order, # 14 Exhibit 13 - Declaration of Chris E. Davis) (Davis, Chris) (Entered: 09/03/2009)

2 Index of Exhibits

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3 Exhibit 1 - Detroit Free Press Article Dated January 19, 2009

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4 Exhibit 2 - Affidavit of Michelle M. Mull

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5 Exhibit 3 - Letter to James Barren from Sara Koroniotis

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6 Exhibit 4 - Letter to M. Katherine Ben-Ami from Sara Koroniotis

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7 Exhibit 5 - Letter to Sara Koroniotis from M. Katherine Ben-Ami and Muddasar Taw

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8 Exhibit 6 - Letter to M. Katherine Ben-Ami from Chris Davis

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9 Exhibit 7 - Letter to Sara Koroniotis from M. Katherine Ben-Ami and Muddasar Taw

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10 Exhibit 8 - Letter to Chris Davis from M. Katherine Ben-Ami

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11 Exhibit 9 - Macomb County Probate Court Case List

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12 Exhibit 10 - Wayne County Probate Court Case List

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13 Exhibit 11 - Michigan Protection and Advocacy Service, Inc., v. Warren C. Evans

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14 Exhibit 12 - Iowa Protection and Advocacy Services, Inc., vs. Gerard Treatment P

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15 Exhibit 13 - Declaration of Chris E. Davis

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NOTICE of hearing on 15 MOTION to Substitute Party MOTION for Summary Judgment MOTION for Permanent Injunction MOTION for Attorney Fees MOTION for Declaratory Judgment. Motion Hearing set for 10/26/2009 03:30 PM before District Judge Denise Page Hood. (BLew) (Entered: 09/04/2009)

SCHEDULING ORDER: Discovery due by 4/1/2010 Motion Cut-off set for 4/15/2010 Final Pretrial Conference set for 7/12/2010 02:00 PM before District Judge Denise Page Hood Bench Trial set for 8/17/2010 09:00 AM before District Judge Denise Page Hood Signed by District Judge Denise Page Hood. (Refer to image for additional dates) (BLew) (Entered: 10/14/2009)

ORDER REFERRING OTHER MATTERS to *Magistrate Judge R. Steven Whalen* : *Settlement Conference*. Signed by District Judge Denise Page Hood. (BLew) (Entered: 10/14/2009)

Minute Entry - Scheduling Conference held on 10/13/2009 before District Judge Denise Page Hood. (BLew)

NOTICE TO APPEAR: Settlement Conference set for 4/20/2010 01:30 PM before Magistrate Judge R. Steven Whalen (SJef) (Entered: 10/15/2009)

RESPONSE to 15 MOTION to Substitute Party MOTION for Summary Judgment MOTION for Permanent Injunction MOTION for Attorney Fees MOTION for Declaratory Judgment with Brief in Support filed by Warren C. Evans. (Attachments: # 1 Index of Exhibits List of Exhibits, # 2 Exhibit Ex A- Free Press Article, # 3 Exhibit Ex B- Letter from Sheriff's FOIA Officer, # 4 Exhibit Ex C-Affidavit of Dr. Restum, # 5 Exhibit Ex D- Letter from MPAS, # 6 Exhibit Ex E- Probate Docket, # 7 Exhibit Ex F- Letter from Feiger Law Firm) (Surowiec, James) (Entered: 10/15/2009)

REPLY to Response re 15 MOTION to Substitute Party MOTION for Summary Judgment MOTION for Permanent Injunction MOTION for Attorney Fees MOTION for Declaratory Judgment filed by Michigan Protection and Advocacy Service, Inc.. (Davis, Chris) (Entered: 10/19/2009)

EXHIBIT re 21 Reply to Response to Motion by Michigan Protection and Advocacy Service, Inc. (Davis, Chris). [DOCUMENT CONTAINS NO CASE CAPTION PAGE]. Modified on 10/22/2009 (THal). (Entered: 10/21/2009)

SUPPLEMENTAL BRIEF re 20 Response to Motion,, with Supplemental Authority as requested by the Court filed by Warren C. Evans. (Attachments: # 1 Index of Exhibits Supplemental Exhibit List, # 2 Exhibit G-Supplemental Authority) (Surowiec, James) (Entered: 10/28/2009)

Minute Entry - Motion Hearing held on 10/28/2009 re 15 MOTION to Substitute Party MOTION for Summary Judgment MOTION for Permanent Injunction MOTION for Attorney Fees MOTION for Declaratory Judgment filed by Michigan Protection and Advocacy Service, Inc. before District Judge Denise Page Hood. Disposition: TAKEN UNDER ADVISEMENT(Court Reporter C. Warren-Daniel) (BLew)

EXHIBIT re 15 MOTION to Substitute Party MOTION for Summary Judgment MOTION for Permanent Injunction MOTION for Attorney Fees MOTION for Declaratory Judgment by Michigan Protection and Advocacy Service, Inc. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A - Order Denying Motion to Dismiss for Failure to Exhaust All Administrative Remedies and Denying Motion for Joinder of the State of Michigan, # 3 Exhibit B - Letter to Sheriff Warren C. Evans from Sara Koroniotis Dated January 28, 2009) (Davis, Chris) (Entered: 10/29/2009)

AMENDED NOTICE TO APPEAR: Settlement Conference set for 4/27/2010 01:30 PM before Magistrate Judge R. Steven Whalen (SJef) (Entered: 01/25/2010)

Defendant's WITNESS LIST by Warren C. Evans (Surowiec, James) (Entered: 02/01/2010)

STIPULATION AND ORDER Compelling Answers to Plaintiff's Discovery No Later Than March 25, 2010. Signed by District Judge Denise Page Hood. (BLew) (Entered: 03/30/2010)

ORDER withdrawing 6 Motion for Summary Judgment. Signed by District Judge Denise Page Hood. (BLew) (Entered: 03/30/2010)

STIPULATION AND ORDER Protecting Confidentiality of Records Signed by District Judge Denise Page Hood. (BLew) (Entered: 04/07/2010)

Minute Entry - Settlement Conference held on 4/27/2010 before Magistrate Judge R. Steven Whalen. Disposition: DID NOT SETTLE (GWil)

NOTICE TO APPEAR: Status Conference set for 5/28/2010 03:30 PM before District Judge Denise Page Hood (BLew) (Entered: 05/03/2010)

NOTICE TO APPEAR: Status Conference set for 6/14/2010 04:30 PM before District Judge Denise Page Hood (BLew) (Entered: 05/25/2010)

NOTICE TO APPEAR: Status Conference set for 6/21/2010 04:15 PM before District Judge Denise Page Hood (BLew) (Entered: 06/08/2010)

RESPONSE to 15 MOTION to Substitute Party MOTION for Summary Judgment MOTION for Permanent Injunction MOTION for Attorney Fees MOTION for Declaratory Judgment with brief in Support filed by Warren C. Evans. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A-Wayne County's Answer to Discovery, # 3 Exhibit B-Roop Federal Civil Suit) (Surowiec, James) (Entered: 06/29/2010)

REPLY to Response re 15 MOTION to Substitute Party MOTION for Summary Judgment MOTION for Permanent Injunction MOTION for Attorney Fees MOTION for Declaratory Judgment filed by Michigan Protection and Advocacy Service, Inc.. (Attachments: # 1 Exhibit 1 - HHS Statement on HIPAA) (Davis, Chris) (Entered: 07/07/2010)

ATTORNEY APPEARANCE: Mark A. Cody appearing on behalf of Michigan Protection and Advocacy Service, Inc. (Cody, Mark) (Entered: 07/12/2010)

Minute Entry - Final Pretrial Conference Not Held before District Judge Denise Page Hood. Disposition: the Court will enter an Order. (DTof) Modified on 7/13/2010 (DTof)INCORRECT ENTRY USED.

Minute Entry - Telephone Conference held on 9/28/2010 before District Judge Denise Page Hood. (BLew)

ORDER granting 15 Motion to Substitute Party. Wayne County, Sheriff of, added. Warren C. Evans terminated; granting 15 Motion for Summary Judgment; granting 15 Motion for Permanent Injunction; granting in part and denying in part 15 Motion for Attorney Fees; granting 15 Motion for Declaratory Judgment. Signed by District Judge Denise Page Hood. (NHol) (Entered: 09/30/2010)

JUDGMENT in favor of Plaintiff Michigan Protection Advocacy Service against Sheriff of Wayne County, Benny Napoleon. Signed by District Judge Denise Page Hood. (NHol) (Entered: 09/30/2010)

BILL OF COSTS by Michigan Protection and Advocacy Service, Inc. (Davis, Chris) (Entered: 10/08/2010)

COSTS TAXED in the amount of $350.00 against defendant. (DPer) (Entered: 10/08/2010)

SUPPLEMENTAL BRIEF re 15 MOTION to Substitute Party MOTION for Summary Judgment MOTION for Permanent Injunction MOTION for Attorney Fees MOTION for Declaratory Judgment Pursuant to Court's Order and in Support of Its Motion for Attorney Fees filed by Michigan Protection and Advocacy Service, Inc.. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 - Declaration of Chris E. Davis, # 3 Exhibit 2 - Description of Attorney Fees) (Davis, Chris) (Entered: 10/28/2010)

1 Index of Exhibits

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2 Exhibit 1 - Declaration of Chris E. Davis

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3 Exhibit 2 - Description of Attorney Fees

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RESPONSE to 15 MOTION to Substitute Party MOTION for Summary Judgment MOTION for Permanent Injunction MOTION for Attorney Fees MOTION for Declaratory Judgment RESPONSE OPPOSING ATTORNEY FEES filed by All Defendants. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A- Declaration of Chris Davis, # 3 Exhibit B- 2007-State Bar Billing Survey, # 4 Exhibit C- MPAS Billing Records, # 5 Exhibit D- Arizona Deposition Cover Pages & Certificates, # 6 Exhibit E- Portion of MPAS Reply Brief) (Surowiec, James) (Entered: 12/11/2010)

REPLY to Response re 15 MOTION to Substitute Party MOTION for Summary Judgment MOTION for Permanent Injunction MOTION for Attorney Fees MOTION for Declaratory Judgment filed by Michigan Protection and Advocacy Service, Inc.. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 - Opinion and Order Granting Plaintiffs Motion for Reasonable Attorney Fees, # 3 Exhibit 2 - Amended Time Spreadsheet) (Davis, Chris) (Entered: 12/27/2010)

NOTICE of Change of Address/Contact Information by Chris E. Davis on behalf of Michigan Protection and Advocacy Service, Inc.. (Davis, Chris) (Entered: 12/29/2010)