Case: Waskul v. Washtenaw Community Mental Health.

2:16-cv-10936 | U.S. District Court for the Eastern District of Michigan

Filed Date: March 16, 2016

Case Ongoing

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Case Summary

A class action lawsuit was filed on March 15, 2016 by Disability Rights Michigan, Legal Services of South-Central Michigan, and The National Center for Law and Economic Justice in the Federal District Court for the District of Michigan  on behalf of individuals with intellectual and developmental disabilities and the Washtenaw County Community Advocacy program, challenging Washtenaw County, Michigan’s Community Mental Health Authority’s (WCCMH) 2015 modification to its Medicaid waiver budgeting…

A class action lawsuit was filed on March 15, 2016 by Disability Rights Michigan, Legal Services of South-Central Michigan, and The National Center for Law and Economic Justice in the Federal District Court for the District of Michigan  on behalf of individuals with intellectual and developmental disabilities and the Washtenaw County Community Advocacy program, challenging Washtenaw County, Michigan’s Community Mental Health Authority’s (WCCMH) 2015 modification to its Medicaid waiver budgeting methodology.  The case was assigned to District Judge Arthur J. Tarnow.  

Plaintiffs claim that the budget methodology would lead to fewer hours of service than provided under the old methodology and that this would result in loss of medically necessary services and unnecessary segregation in the home in violation of the Medicaid Act, the ADA and Section 504 of the Rehabilitation Act integration mandates and state law.   The district court dismissed the claims on March 20, 2019 and plaintiffs appealed.  The Sixth Circuit Court of Appeals reversed and remanded the case on October 29, 2020.  The Parties are in discovery as of July 2022. 

Summary Authors

NDRN (8/11/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5483375/parties/waskul-v-washtenaw-county-community-mental-health/


Judge(s)
Attorney for Plaintiff

Berger, Jordan Rebecca (Michigan)

Attorney for Defendant

Beindit, Thomas David (Michigan)

Bennett, Katherine J. (Michigan)

Boone, Precious Synott (Michigan)

Brege, Andrew J. (Michigan)

Expert/Monitor/Master/Other

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Documents in the Clearinghouse

Document
1

2:16-cv-10936

Complaint

Waskul v. Cortes

March 15, 2016

March 15, 2016

Complaint
8

2:16-cv-10936

Plaintiffs’ Motion for a Temporary Restraining Order and Preliminary Injunction with Supporting Brief

Waskul v. Washtenaw Community Mental Health

March 30, 2016

March 30, 2016

Pleading / Motion / Brief
50

2:16-cv-10936

Plaintiffs’ Post-Evidentiary Hearing Brief in Support of their Motion for Preliminary Injunction

Waskul v. Washtenaw Community Mental Health

Oct. 10, 2016

Oct. 10, 2016

Pleading / Motion / Brief
55

2:16-cv-10936

Order Denying Plaintiffs' Motion for a Preliminary Injunction

Waskul v. Washtenaw Community Mental Health.

Nov. 22, 2016

Nov. 22, 2016

Order/Opinion
146

2:16-cv-10936

Plaintiffs’ First Amended and Supplemental Complaint

Waskul v. Washtenaw Community Mental Health

Feb. 11, 2019

Feb. 11, 2019

Complaint
164

2:16-cv-10936

ORDER CONSTRUING DEFENDANTS’ MOTIONS TO DISMISS AS RENEWED MOTIONS TO DISMISS THE AMENDED COMPLAINT AND GRANTING DEFENDANTS’ MOTIONS; DENYING PLAINTIFFS’ MOTION TO STRIKE; AND CLOSING THE CASE

Waskul v. Washtenaw Community Mental Health.

March 20, 2019

March 20, 2019

Order/Opinion

2019 WL 2019

177

2:16-cv-10936

Judgment

Waskul v. Washtenaw Community Mental Health.

U.S. Court of Appeals for the Sixth Circuit

Oct. 29, 2020

Oct. 29, 2020

Order/Opinion

979 F.3d 979

201

2:16-cv-10936

Plaintiffs’ Motion to Compel Discovery by Defendant WCCMH and Non-Parties Washtenaw County and Health Management Associates, and Brief in Support

Waskul v. Washtenaw Community Mental Health

July 13, 2021

July 13, 2021

Pleading / Motion / Brief
241

2:16-cv-10936

Opinion and Order Resolving Discovery Motions and Granting Plaintiffs’ Request for Sanctions

Waskul v. Washtenaw Community Mental Health

Oct. 31, 2021

Oct. 31, 2021

Order/Opinion

569 F.Supp.3d 569

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5483375/waskul-v-washtenaw-county-community-mental-health/

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

ECF Number Description Date Link Date / Link
1

COMPLAINT filed by All Plaintiffs against All Defendants. Plaintiff requests summons issued. Receipt No: 0645-5600598 - Fee: $ 400. County of 1st Plaintiff: Washtenaw - County Where Action Arose: Washtenaw - County of 1st Defendant: Washtenaw. [Previously dismissed case: No] [Possible companion case(s): 22nd Circuit Court, 16-220-AA, Judge David Swartz] (Attachments: # 1 Index of Exhibits List of Exhibits, # 2 Exhibit Exhibit A, # 3 Exhibit Exhibit B, # 4 Exhibit Exhibit C, # 5 Exhibit Exhibit D, # 6 Exhibit Exhibit E, # 7 Exhibit Exhibit F, # 8 Exhibit Exhibit G, # 9 Exhibit Exhibit H, # 10 Exhibit Exhibit I, # 11 Exhibit Exhibit J, # 12 Exhibit Exhibit K, # 13 Exhibit Exhibit L, # 14 Exhibit Exhibit M, # 15 Exhibit Exhibit N, # 16 Exhibit Exhibit O, # 17 Exhibit Exhibit P, # 18 Exhibit Exhibit Q) (Gable, Nicholas) (Entered: 03/15/2016)

1 Index of Exhibits List of Exhibits

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2 Exhibit Exhibit A

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3 Exhibit Exhibit B

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4 Exhibit Exhibit C

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5 Exhibit Exhibit D

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6 Exhibit Exhibit E

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7 Exhibit Exhibit F

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8 Exhibit Exhibit G

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9 Exhibit Exhibit H

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10 Exhibit Exhibit I

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11 Exhibit Exhibit J

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12 Exhibit Exhibit K

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13 Exhibit Exhibit L

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14 Exhibit Exhibit M

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15 Exhibit Exhibit N

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16 Exhibit Exhibit O

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17 Exhibit Exhibit P

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18 Exhibit Exhibit Q

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March 15, 2016

March 15, 2016

Clearinghouse
2

SUMMONS Issued for *Community Mental Health Partnership of Southeast Michigan, Trish Cortes, Nick Lyon, Jane Terwilliger, Washtenaw County Community Mental Health* (DAll) (Entered: 03/15/2016)

March 15, 2016

March 15, 2016

PACER
3

SUMMONS Issued for *Community Mental Health Partnership of Southeast Michigan, Trish Cortes, Nick Lyon, Jane Terwilliger, Washtenaw County Community Mental Health* (DAll) (Entered: 03/15/2016)

March 15, 2016

March 15, 2016

PACER

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 (DAll)

March 15, 2016

March 15, 2016

PACER
4

ATTORNEY APPEARANCE: Lisa S. Ruby appearing on behalf of All Plaintiffs (Ruby, Lisa) (Entered: 03/17/2016)

March 17, 2016

March 17, 2016

PACER
5

CERTIFICATE of Service/Summons Returned Executed. Community Mental Health Partnership of Southeast Michigan served on 3/22/2016, answer due 4/12/2016. (Gable, Nicholas) (Entered: 03/25/2016)

March 25, 2016

March 25, 2016

PACER
6

CERTIFICATE of Service/Summons Returned Executed. Jane Terwilliger served on 3/22/2016, answer due 4/12/2016. (Gable, Nicholas) (Entered: 03/25/2016)

March 25, 2016

March 25, 2016

PACER
7

CERTIFICATE of Service/Summons Returned Executed. Nick Lyon served on 3/22/2016, answer due 4/12/2016. (Gable, Nicholas) (Entered: 03/29/2016)

March 29, 2016

March 29, 2016

PACER
8

MOTION for Preliminary Injunction by All Plaintiffs. (Attachments: # 1 Index of Exhibits List of Exhibits, # 2 Exhibit Exhibit A, # 3 Exhibit Exhibit B, # 4 Exhibit Exhibit C, # 5 Exhibit Exhibit D, # 6 Exhibit Exhibit E, # 7 Exhibit Exhibit F, # 8 Exhibit Exhibit G, # 9 Exhibit Exhibit H, # 10 Exhibit Exhibit I, # 11 Exhibit Exhibit J, # 12 Exhibit Exhibit K) (Gable, Nicholas) (Entered: 03/30/2016)

1 Index of Exhibits List of Exhibits

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2 Exhibit Exhibit A

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3 Exhibit Exhibit B

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4 Exhibit Exhibit C

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5 Exhibit Exhibit D

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6 Exhibit Exhibit E

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7 Exhibit Exhibit F

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8 Exhibit Exhibit G

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9 Exhibit Exhibit H

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10 Exhibit Exhibit I

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11 Exhibit Exhibit J

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12 Exhibit Exhibit K

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March 30, 2016

March 30, 2016

Clearinghouse
9

NOTICE of Appearance by Katherine J. Bennett on behalf of Nick Lyon. (Bennett, Katherine) (Entered: 04/01/2016)

April 1, 2016

April 1, 2016

PACER
10

NOTICE of Appearance by William R. Morris on behalf of Nick Lyon. (Morris, William) (Entered: 04/01/2016)

April 1, 2016

April 1, 2016

PACER
11

WAIVER OF SERVICE Returned Executed. Trish Cortes waiver sent on 3/17/2016, answer due 5/16/2016. (Gable, Nicholas) (Entered: 04/01/2016)

April 1, 2016

April 1, 2016

PACER
12

WAIVER OF SERVICE Returned Executed. Washtenaw County Community Mental Health waiver sent on 3/17/2016, answer due 5/16/2016. (Gable, Nicholas) (Entered: 04/01/2016)

April 1, 2016

April 1, 2016

PACER
13

ATTORNEY APPEARANCE: Mark A. Cody appearing on behalf of All Plaintiffs (Cody, Mark) (Entered: 04/05/2016)

April 5, 2016

April 5, 2016

PACER
14

NOTICE of Appearance by Stefani A. Carter on behalf of Trish Cortes. (Carter, Stefani) (Entered: 04/05/2016)

April 5, 2016

April 5, 2016

PACER
15

NOTICE of Appearance by Stefani A. Carter on behalf of Washtenaw County Community Mental Health. (Carter, Stefani) (Entered: 04/05/2016)

April 5, 2016

April 5, 2016

PACER
16

STIPULATION AND ORDER Extending Time for Defendant Lyon to Respond to 1 Complaint. Response due by 5/16/2016 Signed by District Judge Arthur J. Tarnow. (MLan) (Entered: 04/06/2016)

April 6, 2016

April 6, 2016

PACER
17

NOTICE of Appearance by Margaret T. Debler on behalf of Community Mental Health Partnership of Southeast Michigan, Jane Terwilliger. (Debler, Margaret) (Entered: 04/14/2016)

April 14, 2016

April 14, 2016

PACER
18

NOTICE of Appearance by Laura Bailey Brown on behalf of Community Mental Health Partnership of Southeast Michigan, Jane Terwilliger. (Brown, Laura) (Entered: 04/15/2016)

April 15, 2016

April 15, 2016

PACER
19

MOTION for Summary Judgment by Trish Cortes. (Attachments: # 1 Index of Exhibits, # 2 Exhibit Exhibit 1, # 3 Exhibit Exhibit 2, # 4 Exhibit Exhibit 3, # 5 Exhibit Exhibit 4, # 6 Exhibit Exhibit 5, # 7 Exhibit Exhibit 6, # 8 Exhibit Exhibit 7, # 9 Exhibit Exhibit 8, # 10 Exhibit Exhibit 9, # 11 Exhibit Exhibit 10, # 12 Exhibit Exhibit 11, # 13 Exhibit Exhibit 12, # 14 Exhibit Exhibit 13) (Carter, Stefani) Modified on 4/18/2016 (DWor). [ALSO FILED BY WASHTENAW COUNTY COMMUNITY MENTAL HEALTH] (Entered: 04/16/2016)

1 Index of Exhibits

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2 Exhibit Exhibit 1

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3 Exhibit Exhibit 2

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4 Exhibit Exhibit 3

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5 Exhibit Exhibit 4

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6 Exhibit Exhibit 5

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7 Exhibit Exhibit 6

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8 Exhibit Exhibit 7

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9 Exhibit Exhibit 8

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10 Exhibit Exhibit 9

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11 Exhibit Exhibit 10

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12 Exhibit Exhibit 11

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13 Exhibit Exhibit 12

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14 Exhibit Exhibit 13

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April 16, 2016

April 16, 2016

PACER
20

RESPONSE to 8 MOTION for Preliminary Injunction filed by Washtenaw County Community Mental Health. (Attachments: # 1 Index of Exhibits, # 2 Exhibit No. 1 - Letters, # 3 Exhibit No. 2 - Minutes, # 4 Exhibit No.3 - Budget Worksheet, # 5 Exhibit No. 4 - Memo, # 6 Exhibit No. 5 - Agreement, # 7 Exhibit No. 6 - Letter, # 8 Exhibit No. 7- Letter, # 9 Exhibit No. 8 - UM Communication, # 10 Exhibit No. 9 - Resolution, # 11 Exhibit No. 10 - Letter, # 12 Exhibit No. 11 - Notices, # 13 Exhibit No. 12 - Hearing Requests, # 14 Exhibit No. 13 - Pages from Opinion, # 15 Exhibit No. 14 - Affidavit) (Carter, Stefani) (Entered: 04/18/2016)

April 18, 2016

April 18, 2016

PACER
21

RESPONSE to 8 MOTION for Preliminary Injunction and Temporary Restraining Order filed by Nick Lyon. (Attachments: # 1 Exhibit Exhibit A) (Morris, William) (Entered: 04/20/2016)

April 20, 2016

April 20, 2016

PACER
22

RESPONSE to 8 MOTION for Preliminary Injunction filed by Community Mental Health Partnership of Southeast Michigan, Jane Terwilliger. (Debler, Margaret) (Entered: 04/20/2016)

April 20, 2016

April 20, 2016

PACER
23

NOTICE OF HEARING on 8 MOTION for Preliminary Injunction. Motion Hearing set for 5/2/2016 04:00 PM before District Judge Arthur J. Tarnow. (MLan) (Entered: 04/21/2016)

April 21, 2016

April 21, 2016

PACER
24

MOTION to Dismiss or, in the Alternative, for Summary Judgment by Community Mental Health Partnership of Southeast Michigan, Jane Terwilliger. (Debler, Margaret) (Entered: 04/25/2016)

April 25, 2016

April 25, 2016

PACER
25

REPLY to Response re 8 MOTION for Preliminary Injunction filed by All Plaintiffs. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C) (Gable, Nicholas) (Entered: 04/26/2016)

April 26, 2016

April 26, 2016

PACER
26

REPLY to Response re 8 MOTION for Preliminary Injunction filed by All Plaintiffs. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D) (Gable, Nicholas) (Entered: 04/26/2016)

April 26, 2016

April 26, 2016

PACER
27

REPLY to Response re 8 MOTION for Preliminary Injunction filed by All Plaintiffs. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D, # 5 Exhibit Exhibit E, # 6 Exhibit Exhibit F, # 7 Exhibit Exhibit G) (Gable, Nicholas) (Entered: 04/26/2016)

April 26, 2016

April 26, 2016

PACER
28

RESPONSE to 19 MOTION for Summary Judgment filed by All Plaintiffs. (Attachments: # 1 Index of Exhibits Index of Exhibits, # 2 Exhibit Exhibit A, # 3 Exhibit Exhibit B, # 4 Exhibit Exhibit C, # 5 Exhibit Exhibit D, # 6 Exhibit Exhibit E, # 7 Exhibit Exhibit F, # 8 Exhibit Exhibit G) (Gable, Nicholas) (Entered: 04/27/2016)

April 27, 2016

April 27, 2016

PACER

Minute Entry for proceedings before District Judge Arthur J. Tarnow: Motion Hearing not held on 5/2/2016 re 8 MOTION for Preliminary Injunction: Status Conference held. Motion Hearing set for 5/19/2016 11:00 AM before District Judge Arthur J. Tarnow. (CPic)

May 2, 2016

May 2, 2016

PACER
29

RESPONSE to 24 MOTION to Dismiss or, in the Alternative, for Summary Judgment filed by All Plaintiffs. (Attachments: # 1 Index of Exhibits Index of Exhibits, # 2 Exhibit Exhibit A, # 3 Exhibit Exhibit B, # 4 Exhibit Exhibit C, # 5 Exhibit Exhibit D, # 6 Exhibit Exhibit E, # 7 Exhibit Exhibit F, # 8 Exhibit Exhibit G) (Gable, Nicholas) (Entered: 05/06/2016)

May 6, 2016

May 6, 2016

PACER
30

STIPULATION AND ORDER Extending Time for Defendant Lyon to File Response to 1 Complaint. Response due by 6/6/2016. Signed by District Judge Arthur J. Tarnow. (MLan) (Entered: 05/12/2016)

May 12, 2016

May 12, 2016

PACER
31

ATTORNEY APPEARANCE: Kyle M. Williams appearing on behalf of All Plaintiffs (Williams, Kyle) (Entered: 05/19/2016)

May 19, 2016

May 19, 2016

PACER
32

TRANSCRIPT of Motion Hearing held on May 19, 2016. (Court Reporter/Transcriber: Lawrence R. Przybysz) (Number of Pages: 39) 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 6/15/2016. Redacted Transcript Deadline set for 6/27/2016. Release of Transcript Restriction set for 8/23/2016. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date, the transcript is publicly available. (Przybysz, L) (Entered: 05/25/2016)

May 25, 2016

May 25, 2016

PACER
33

STIPULATED ORDER Extending Time for Defendant Lyon's Response to 1 Complaint. Response due by 7/6/2016. Signed by District Judge Arthur J. Tarnow. (MLan) (Entered: 06/03/2016)

June 3, 2016

June 3, 2016

PACER
34

STIPULATION AND ORDER to Extend Deadline to Submit Consent Order. Signed by District Judge Arthur J. Tarnow. (MLan) (Entered: 06/07/2016)

June 7, 2016

June 7, 2016

PACER
35

MOTION for Order by Washtenaw County Community Mental Health. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A - Portions of Transcript, # 3 Exhibit B - Defendants' Proposed Order, # 4 Exhibit C - Plaintiffs' Proposed Order) (Carter, Stefani) (Entered: 06/08/2016)

June 8, 2016

June 8, 2016

PACER
36

MOTION for Order by All Plaintiffs. (Attachments: # 1 Index of Exhibits Index of Exhibits, # 2 Exhibit Exhibit A, # 3 Exhibit Exhibit B, # 4 Exhibit Exhibit C, # 5 Exhibit Exhibit D) (Gable, Nicholas) (Entered: 06/09/2016)

June 9, 2016

June 9, 2016

PACER
37

RESPONSE to 36 MOTION for Order and Counter-Motion for Hearing filed by Community Mental Health Partnership of Southeast Michigan, Jane Terwilliger. (Debler, Margaret) Modified on 6/13/2016 (DPer). (Entered: 06/13/2016)

June 13, 2016

June 13, 2016

PACER
38

RESPONSE to 37 MOTION. Concurrence filed by Washtenaw County Community Mental Health. (Attachments: # 1 Exhibit) (Carter, Stefani) (Entered: 06/13/2016)

June 13, 2016

June 13, 2016

PACER
39

REPLY to Response re 37 MOTION. filed by All Plaintiffs. (Gable, Nicholas) (Entered: 06/15/2016)

June 15, 2016

June 15, 2016

PACER
40

ORDER denying 35 Motion for Order; denying 36 Motion for Order; granting 37 Counter-Motion for Hearing. Signed by District Judge Arthur J. Tarnow. (MLan) (Entered: 06/16/2016)

June 16, 2016

June 16, 2016

PACER
41

NOTICE OF HEARING on 8 MOTION for Preliminary Injunction. Motion Hearing set for 8/1/2016 03:30 PM before District Judge Arthur J. Tarnow. (MLan) (Entered: 06/22/2016)

June 22, 2016

June 22, 2016

PACER
42

STIPULATION AND ORDER to Extend Time to File Responsive Pleading re 1 Complaint filed by Washtenaw Association for Community Advocacy, Cory Schneider, Kevin Wiesner, Derek Waskul.Defendant Nick Lyon's Response due by 8/8/2016 Signed by District Judge Arthur J. Tarnow. (DTof) (Entered: 07/05/2016)

July 5, 2016

July 5, 2016

PACER

Minute Entry for proceedings before District Judge Arthur J. Tarnow: Evidentiary Hearing held on 8/1/2016 re 8 MOTION for Preliminary Injunction filed by Washtenaw Association for Community Advocacy, Cory Schneider, Kevin Wiesner, Derek Waskul. Disposition: Parties are to confer and if no resolution between the parties, continuation date for hearing to be set. (Court Reporter: Lawrence Przybysz) (MLan)

Aug. 1, 2016

Aug. 1, 2016

PACER
43

STIPULATION AND ORDER Extending Time for Defendant Lyon to Respond to 1 Complaint. Response due by 9/9/2016. Signed by District Judge Arthur J. Tarnow. (MLan) (Entered: 08/04/2016)

Aug. 4, 2016

Aug. 4, 2016

PACER
44

TRANSCRIPT of Motion Hearing held on August 1, 2016. (Court Reporter/Transcriber: Lawrence R. Przybysz) (Number of Pages: 80) 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 8/31/2016. Redacted Transcript Deadline set for 9/12/2016. Release of Transcript Restriction set for 11/8/2016. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date, the transcript is publicly available. (Przybysz, L) (Entered: 08/10/2016)

Aug. 10, 2016

Aug. 10, 2016

PACER
45

Status REPORT by All Defendants (Carter, Stefani) (Entered: 08/15/2016)

Aug. 15, 2016

Aug. 15, 2016

PACER
46

NOTICE OF HEARING on 8 MOTION for Preliminary Injunction . Motion Hearing [Evidentiary Hearint] set for 9/20/2016 10:00 AM before District Judge Arthur J. Tarnow (DTof) (Entered: 08/29/2016)

Aug. 29, 2016

Aug. 29, 2016

PACER
47

STIPULATION AND ORDER Extending Time for Defendant Nick Lyon to File Response to 1 Complaint. Response due by 10/7/2016. Signed by District Judge Arthur J. Tarnow. (MLan) (Entered: 09/08/2016)

Sept. 8, 2016

Sept. 8, 2016

PACER

Minute Entry for proceedings before District Judge Arthur J. Tarnow: Motion Hearing held on 9/20/2016 re 8 MOTION for Preliminary Injunction filed by Washtenaw Association for Community Advocacy, Cory Schneider, Kevin Wiesner, Derek Waskul Disposition: Motion taken under advisement. Supplemental briefs due two weeks after transcript of hearing received. (Court Reporter: Carol Sapala) (MLan)

Sept. 20, 2016

Sept. 20, 2016

PACER
48

TRANSCRIPT of Motion Hearing held on 9/20/2016. (Court Reporter/Transcriber: Carol S. Sapala, www.transcriptorders.com) (Number of Pages: 142) 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 10/17/2016. Redacted Transcript Deadline set for 10/27/2016. Release of Transcript Restriction set for 12/27/2016. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date, the transcript is publicly available. (Sapala, C) (Entered: 09/26/2016)

Sept. 26, 2016

Sept. 26, 2016

PACER
49

STIPULATION AND ORDER Extending Time for Defendant Lyons to File Response to 1 Complaint. Response due by 11/9/2016. Signed by District Judge Arthur J. Tarnow. (MLan) (Entered: 09/29/2016)

Sept. 29, 2016

Sept. 29, 2016

PACER
50

SUPPLEMENTAL BRIEF re 8 MOTION for Preliminary Injunction, Motion Hearing, filed by All Plaintiffs. (Attachments: # 1 Index of Exhibits Index of Exhibits, # 2 Exhibit Exhibit A, # 3 Exhibit Exhibit B, # 4 Exhibit Exhibit C) (Gable, Nicholas) (Entered: 10/10/2016)

1 Index of Exhibits Index of Exhibits

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2 Exhibit Exhibit A

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3 Exhibit Exhibit B

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4 Exhibit Exhibit C

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Oct. 10, 2016

Oct. 10, 2016

Clearinghouse
51

SUPPLEMENTAL BRIEF re 8 MOTION for Preliminary Injunction filed by Nick Lyon. (Attachments: # 1 Index of Exhibits, # 2 Exhibit - Attachment A - Delegation of Authority) (Morris, William) (Entered: 10/10/2016)

Oct. 10, 2016

Oct. 10, 2016

PACER
52

SUPPLEMENTAL BRIEF re 22 Response to Motion filed by Community Mental Health Partnership of Southeast Michigan, Jane Terwilliger. (Brown, Laura) (Entered: 10/10/2016)

Oct. 10, 2016

Oct. 10, 2016

PACER
53

SUPPLEMENTAL BRIEF re 8 MOTION for Preliminary Injunction, 20 Response to Motion,, filed by Washtenaw County Community Mental Health. (Carter, Stefani) (Entered: 10/10/2016)

Oct. 10, 2016

Oct. 10, 2016

PACER
54

STIPULATION AND ORDER Extending Time for Defendant Nick Lyon to File Response to 1 Complaint. Response due by 12/12/2016. Signed by District Judge Arthur J. Tarnow. (MLan) (Entered: 11/03/2016)

Nov. 3, 2016

Nov. 3, 2016

PACER
55

ORDER denying 8 Motion for Preliminary Injunction. Signed by District Judge Arthur J. Tarnow. (MLan) (Entered: 11/22/2016)

Nov. 22, 2016

Nov. 22, 2016

Clearinghouse
56

STIPULATION AND ORDER Extending Time for Response by Defendant Nick Lyon to 1 Complaint. Response due by 1/13/2017. Signed by District Judge Arthur J. Tarnow. (MLan) (Entered: 12/05/2016)

Dec. 5, 2016

Dec. 5, 2016

PACER
57

NOTICE OF APPEAL by All Plaintiffs. Receipt No: 0645-6001405 - Fee: $ 505 - Fee Status: Fee Paid. (Attachments: # 1 Exhibit Notice of Appeal Full Caption) (Gable, Nicholas) (Entered: 12/15/2016)

Dec. 15, 2016

Dec. 15, 2016

PACER
58

Certificate of Service re 57 Notice of Appeal. (DPer) (Entered: 12/15/2016)

Dec. 15, 2016

Dec. 15, 2016

PACER
59

ORDER Extending Date for Defendant Nick Lyon to Respond to 1 Complaint. Response due by 4/13/2017. Signed by District Judge Arthur J. Tarnow. (MLan) (Entered: 01/06/2017)

Jan. 6, 2017

Jan. 6, 2017

PACER
60

STIPULATION AND ORDER to Allow Attorney Katherine J. Bennett to Withdraw. Signed by District Judge Arthur J. Tarnow. (MLan) (Entered: 02/27/2017)

Feb. 27, 2017

Feb. 27, 2017

PACER
61

ORDER Administratively Closing 19 Motion for Summary Judgment and 24 Motion to Dismiss Pending Resolution of Appeal. Signed by District Judge Arthur J. Tarnow. (MLan) (Entered: 03/28/2017)

March 28, 2017

March 28, 2017

PACER
62

STIPULATION AND ORDER Extending Time for Defendant Nick Lyon to File Response to 1 Complaint. Response due by 8/1/2017. Signed by District Judge Arthur J. Tarnow. (MLan) (Entered: 03/31/2017)

March 31, 2017

March 31, 2017

PACER
63

ATTORNEY APPEARANCE: Kristin M. Heyse appearing on behalf of Nick Lyon (Heyse, Kristin) (Entered: 05/12/2017)

May 12, 2017

May 12, 2017

PACER
64

NOTICE of Appearance by Edward P. Krugman on behalf of Edward Krugman. (Krugman, Edward) (Entered: 07/26/2017)

July 26, 2017

July 26, 2017

PACER
65

STIPULATION AND ORDER to Extend Time to File Responsive Pleading re 1 Complaint filed by Washtenaw Association for Community Advocacy, Cory Schneider, Kevin Wiesner, Derek Waskul for Defendant Lyon Response due by 9/1/2017 Signed by District Judge Arthur J. Tarnow. (DTof) (Entered: 07/27/2017)

July 27, 2017

July 27, 2017

PACER
66

NOTICE of Appearance by Edward P. Krugman on behalf of All Plaintiffs. (Krugman, Edward) (Entered: 07/28/2017)

July 28, 2017

July 28, 2017

PACER
67

MOTION to Consolidate Cases by All Plaintiffs. (Krugman, Edward)[DOCUMENT CONTAINS THE OTHER CASE NUMBER] Modified on 8/9/2017 (Ahmed, N). (Entered: 08/09/2017)

Aug. 9, 2017

Aug. 9, 2017

PACER
68

MOTION to Consolidate Cases by All Plaintiffs. (Attachments: # 1 Index of Exhibits Index of Exhibits, # 2 Exhibit Original Complaint in Waskul I, # 3 Exhibit Proposed Amended Complaint in Waskul I, # 4 Exhibit Waskul II Complaint) (Krugman, Edward) (Entered: 08/09/2017)

Aug. 9, 2017

Aug. 9, 2017

PACER
69

MOTION for Leave to File by All Plaintiffs. (Attachments: # 1 Index of Exhibits Exhibit Index, # 2 Exhibit Proposed Amended and Supplemental Complaint) (Krugman, Edward) (Entered: 08/09/2017)

Aug. 9, 2017

Aug. 9, 2017

PACER
70

RESPONSE to 68 MOTION to Consolidate Cases filed by Community Mental Health Partnership of Southeast Michigan, Jane Terwilliger. (Attachments: # 1 Exhibit 1 - Van Emon v State Farm, # 2 Exhibit 2 - Conceivex, Inc v Rinovum Women's Health, Inc, # 3 Exhibit 3 - Hasman v G.D. Searle & Co) (Debler, Margaret) (Entered: 08/23/2017)

Aug. 23, 2017

Aug. 23, 2017

PACER
71

RESPONSE to 69 MOTION for Leave to File filed by Community Mental Health Partnership of Southeast Michigan, Jane Terwilliger. (Attachments: # 1 Exhibit 1 - Rhinehart v Scutt, # 2 Exhibit 2 - Sherley v Sebelius, # 3 Exhibit 3 - Jones v Coleman, # 4 Exhibit 4 - Pratt v Ventas, Inc., # 5 Exhibit 5 - Pennington v USA) (Debler, Margaret) (Entered: 08/23/2017)

Aug. 23, 2017

Aug. 23, 2017

PACER
72

RESPONSE to 69 MOTION for Leave to File filed by Washtenaw County Community Mental Health. (Carter, Stefani) (Entered: 08/23/2017)

Aug. 23, 2017

Aug. 23, 2017

PACER
73

RESPONSE to 68 MOTION to Consolidate Cases filed by Washtenaw County Community Mental Health. (Carter, Stefani) (Entered: 08/23/2017)

Aug. 23, 2017

Aug. 23, 2017

PACER
74

RESPONSE to 68 MOTION to Consolidate Cases filed by Nick Lyon. (Attachments: # 1 Exhibit 1) (Heyse, Kristin) Modified on 8/24/2017 (SOso). [DOCUMENT TITLED DEFENDANT NICK LYONS RESPONSE IN OPPOSITION TO PLAINTIFFS MOTION FOR LEAVE TO AMEND]. (Entered: 08/23/2017)

Aug. 23, 2017

Aug. 23, 2017

PACER
75

RESPONSE to 68 MOTION to Consolidate Cases filed by Nick Lyon. (Attachments: # 1 Exhibit 1) (Heyse, Kristin) (Entered: 08/23/2017)

Aug. 23, 2017

Aug. 23, 2017

PACER
76

NOTICE of Appearance by Sarah Christie Hillegonds on behalf of Nick Lyon. (Hillegonds, Sarah) (Entered: 08/24/2017)

Aug. 24, 2017

Aug. 24, 2017

PACER
77

RESPONSE to 69 MOTION for Leave to File (Corrected) filed by Nick Lyon. (Attachments: # 1 Exhibit 1) (Heyse, Kristin) (Entered: 08/24/2017)

Aug. 24, 2017

Aug. 24, 2017

PACER
78

MOTION CONSENT MOTION FOR LEAVE TO FILE A SINGLE, COMBINED REPLY BRIEF OF NOT MORE THAN 15 PAGES by All Plaintiffs. (Krugman, Edward) (Entered: 08/29/2017)

Aug. 29, 2017

Aug. 29, 2017

PACER
79

STIPULATION AND ORDER Extending Time for Defendant Lyon to File Response to 1 Complaint. Response due by 10/1/2017. Signed by District Judge Arthur J. Tarnow. (MLan) (Entered: 08/30/2017)

Aug. 30, 2017

Aug. 30, 2017

PACER
80

ORDER granting 78 Motion to Permit Filing of Combined Brief. Signed by District Judge Arthur J. Tarnow. (MLan) (Entered: 08/30/2017)

Aug. 30, 2017

Aug. 30, 2017

PACER
81

REPLY to Response re 69 MOTION for Leave to File, 68 MOTION to Consolidate Cases filed by All Plaintiffs. (Attachments: # 1 Exhibit Ex. 1 - Letter to Counsel 7-20-2017) (Krugman, Edward) (Entered: 08/30/2017)

Aug. 30, 2017

Aug. 30, 2017

PACER
82

STIPULATION AND ORDER Extending Time for Response by Defendant Nick Lyon to 1 Complaint. Response due by 11/1/2017. Signed by District Judge Arthur J. Tarnow. (MLan) (Entered: 09/26/2017)

Sept. 26, 2017

Sept. 26, 2017

PACER
83

ORDER consolidating cases 16-10936 and 17-12355, holding in abeyance 69 Motion for leave to file an amended or supplemental complaint, and granting defendants' motion for enlargement of time in which to file a responsive pleading. Signed by District Judge Arthur J. Tarnow. (DPer) (Entered: 10/23/2017)

Oct. 23, 2017

Oct. 23, 2017

PACER
84

Notice to Parties Regarding Consolidated Case: Order of consolidation entered on *10/23/17*. Designated lead case number is *16-10936*. (DPer) (Entered: 10/23/2017)

Oct. 23, 2017

Oct. 23, 2017

PACER
85

STIPULATION AND ORDER Allowing Defendant Lyon to respond to the Complaint 14 days after the resolution of Plaintiffs' Motion for Leave to File an Amended and Supplemental Complaint. Edward Krugman is terminated as Plaintiff. Plaintiffs' Requests for Entries of Default in case 17-12355 are withdrawn as Moot. Signed by District Judge Arthur J. Tarnow. (MLan) (Entered: 11/02/2017)

Nov. 2, 2017

Nov. 2, 2017

PACER
86

ANSWER to Complaint with Affirmative Defenses as to 2:17-cv-12355 by Washtenaw County Community Mental Health. (Carter, Stefani) (Entered: 11/03/2017)

Nov. 3, 2017

Nov. 3, 2017

PACER
87

ANSWER to Complaint with Affirmative Defenses by Community Mental Health Partnership of Southeast Michigan, Jane Terwilliger. (Brown, Laura) (Entered: 11/06/2017)

Nov. 6, 2017

Nov. 6, 2017

PACER
88

ORDER of DISQUALIFICATION and REASSIGNING CASE from Magistrate Judge Anthony P. Patti to Magistrate Judge Elizabeth A. Stafford. (SSch) (Entered: 11/06/2017)

Nov. 6, 2017

Nov. 6, 2017

PACER
89

MOTION to Dismiss by Nick Lyon, Michigan Department of Health and Human Services. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8) (Heyse, Kristin) (Entered: 11/06/2017)

Nov. 6, 2017

Nov. 6, 2017

PACER
90

STIPULATION AND ORDER to Extend Page Limitations. Signed by District Judge Arthur J. Tarnow. (MLan) (Entered: 11/08/2017)

Nov. 8, 2017

Nov. 8, 2017

PACER
91

STIPULATION AND ORDER as to 89 MOTION to Dismiss: Response due by 12/4/2017, Reply due by 12/18/2017. Signed by District Judge Arthur J. Tarnow. (MLan) (Entered: 11/20/2017)

Nov. 20, 2017

Nov. 20, 2017

PACER
92

STIPULATION AND ORDER Extending Time for Response as to 89 MOTION to Dismiss. Response due by 12/11/2017. Signed by District Judge Arthur J. Tarnow. (MLan) (Entered: 12/01/2017)

Dec. 1, 2017

Dec. 1, 2017

PACER
93

MOTION to Dismiss by Washtenaw County Community Mental Health. (Attachments: # 1 Index of Exhibits, # 2 Exhibit Letters, # 3 Exhibit Minutes, # 4 Exhibit Worksheet, # 5 Exhibit Memo, # 6 Exhibit Agreement, # 7 Exhibit Letter, # 8 Exhibit Letter, # 9 Exhibit Communication, # 10 Exhibit Resolution, # 11 Exhibit Letter, # 12 Exhibit Notice) (Carter, Stefani) (Entered: 12/08/2017)

Dec. 8, 2017

Dec. 8, 2017

PACER
94

STIPULATION AND ORDER Extending Page Limit. Signed by District Judge Arthur J. Tarnow. (MLan) (Entered: 12/11/2017)

Dec. 11, 2017

Dec. 11, 2017

PACER
95

RESPONSE to 89 MOTION to Dismiss filed by All Plaintiffs. (Attachments: # 1 Index of Exhibits Index, # 2 Exhibit Exhibit 1, # 3 Exhibit Exhibit 2, # 4 Exhibit Exhibit 3, # 5 Exhibit Exhibit 4, # 6 Exhibit Exhibit 5, # 7 Exhibit Exhibit 6, # 8 Exhibit Exhibit 7) (Gable, Nicholas) (Entered: 12/11/2017)

Dec. 11, 2017

Dec. 11, 2017

PACER
96

NOTICE by All Plaintiffs re 95 Response to Motion, (Attachments: # 1 Index of Exhibits Appendix, # 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, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L) (Gable, Nicholas) (Entered: 12/11/2017)

Dec. 11, 2017

Dec. 11, 2017

PACER

Case Details

State / Territory: Michigan

Case Type(s):

Disability Rights

Key Dates

Filing Date: March 16, 2016

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

individual plaintiffs seeking class action status

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

NDRN/Protection & Advocacy Organizations

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

Washtenaw Community Mental Health, County

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

State law

Medicaid, 42 U.S.C §1396 (Title XIX of the Social Security Act)

Available Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

Disability and Disability Rights:

Mental impairment

P&A Associational Standing