Case: Disability Rights NC v. Brajer

1:16-cv-00137 | U.S. District Court for the Western District of North Carolina

Filed Date: Oct. 14, 2016

Closed Date: Dec. 20, 2016

Clearinghouse coding complete

Case Summary

Action filed on October,14, 2016, in the Federal District Court for the Eastern District of North Carolina by plaintiff, Disability Rights North Carolina (DRNC), against the Secretary of the North Carolina Department of Health and Human Services (DHHS). DRNC brought this action, in their own right, in the interests of Medicaid eligible children under the age of 21 who have both complex behavioral health and Developmental disabilities and are unnecessarily institutionalized because of DHHS’ fail…

Action filed on October,14, 2016, in the Federal District Court for the Eastern District of North Carolina by plaintiff, Disability Rights North Carolina (DRNC), against the Secretary of the North Carolina Department of Health and Human Services (DHHS). DRNC brought this action, in their own right, in the interests of Medicaid eligible children under the age of 21 who have both complex behavioral health and Developmental disabilities and are unnecessarily institutionalized because of DHHS’ failure to provide appropriate Medicaid community-based services. The National Health Law Program was co-counsel in the case.

DRNC sought a court order requiring DHHS to comply with federal Medicaid law and provide these children services to correct or ameliorate their conditions, including comprehensive assessments, home and community-based behavioral support services provided by trained professionals, psychiatric and other clinical services, crisis services, and case management services. Without these Medicaid supports children are unnecessary placed in psychiatric hospitals, sometimes out of the state. 

The parties mediated the dispute and arrived at a settlement on November 18, 2016.

On December 20, 2016, DRNC filed a stipulation to dismiss the case.  Based on other information, District Judge Louise Wood Flanagan granted the parties' Joint Motion to Dismiss the case and approved a settlement.  the settlement required DHHS to take specific actions to provide community based services and resolve the concerns that DRNC raised in its complaint. In April 2018, DHHS agreed to a plan of corrections to ensure DHHS continued to comply with the settlement agreement. On December 18, 2018, Judge Wood Flanagan granted the parties joint request to dismiss the case.

Summary Authors

NDRN (12/15/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/29706313/parties/disability-rights-north-carolina-v-brajer/


Judge(s)

Cogburn, Max Oliver (North Carolina)

Attorney for Plaintiff

Rittelmeyer, John Richard (North Carolina)

Sullivan, Kristine Louise (North Carolina)

Attorney for Defendant

Guzman, Mary Elizabeth (North Carolina)

Wood, Michael Thomas (North Carolina)

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Documents in the Clearinghouse

Document
1

5:16-cv-00072

Complaint

U.S. District Court for the Eastern District of North Carolina

Feb. 12, 2016

Feb. 12, 2016

Complaint

Docket

See docket on RECAP: https://www.courtlistener.com/docket/29706313/disability-rights-north-carolina-v-brajer/

Last updated Feb. 24, 2024, 3:07 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Richard Brajer (Filing fee $ 400, receipt number 0417-3578851) filed by Disability Rights North Carolina. (Attachments: # 1 Exhibit 1- Letter dated 11/20/15, # 2 Exhibit 2 -Email dated 12/16/15, # 3 Exhibit 3 -Email from Guzman dated 12/17/15, # 4 Exhibit 4 -Email from Sullivan dated 12/17/15) (Sullivan, Kristine) [Transferred from North Carolina Eastern on 5/18/2016.] (Entered: 02/12/2016)

1 Exhibit Letter dated 11/20/15

View on RECAP

2 Exhibit Email dated 12/16/15

View on RECAP

3 Exhibit Email from Guzman dated 12/17/15

View on RECAP

4 Exhibit Email from Sullivan dated 12/17/15

View on RECAP

Feb. 12, 2016

Feb. 12, 2016

Clearinghouse
2

Financial Disclosure Statement by Disability Rights North Carolina. (Sullivan, Kristine) [Transferred from North Carolina Eastern on 5/18/2016.] (Entered: 02/12/2016)

Feb. 12, 2016

Feb. 12, 2016

PACER
3

Notice of Appearance filed by Kristine L. Sullivan on behalf of Disability Rights North Carolina. (Sullivan, Kristine) [Transferred from North Carolina Eastern on 5/18/2016.] (Entered: 02/12/2016)

Feb. 12, 2016

Feb. 12, 2016

PACER
4

Notice filed by Disability Rights North Carolina Proposed Summons. (Sullivan, Kristine) [Transferred from North Carolina Eastern on 5/18/2016.] (Entered: 02/12/2016)

Feb. 12, 2016

Feb. 12, 2016

PACER
5

Notice of Appearance filed by John R. Rittelmeyer on behalf of Disability Rights North Carolina. (Rittelmeyer, John) [Transferred from North Carolina Eastern on 5/18/2016.] (Entered: 02/12/2016)

Feb. 12, 2016

Feb. 12, 2016

PACER
6

Summons Issued as to Richard Brajer. *(NOTICE: Counsel shall print the attached summons and serve with other case opening documents in accordance with Fed.R.Civ.P. 4.)* (Baker, C.) [Transferred from North Carolina Eastern on 5/18/2016.] (Entered: 02/16/2016)

Feb. 16, 2016

Feb. 16, 2016

PACER
7

Affidavit of Service for Summons and Complaint filed by Disability Rights North Carolina served on Richard Brajer, c/o Emery Milliken on 02/22/2016. (Attachments: # 1 Domestic Return Receipt) (Sullivan, Kristine) [Transferred from North Carolina Eastern on 5/18/2016.] (Entered: 02/26/2016)

Feb. 26, 2016

Feb. 26, 2016

PACER
8

Notice of Appearance filed by Michael T. Wood on behalf of Richard Brajer. (Wood, Michael) [Transferred from North Carolina Eastern on 5/18/2016.] (Entered: 03/11/2016)

March 11, 2016

March 11, 2016

PACER
9

Financial Disclosure Statement by Richard Brajer. (Wood, Michael) [Transferred from North Carolina Eastern on 5/18/2016.] (Entered: 03/11/2016)

March 11, 2016

March 11, 2016

PACER
10

MOTION for Extension of Time to File Answer regarding 1 Complaint, filed by Richard Brajer. (Attachments: # 1 Text of Proposed Order) (Wood, Michael) [Transferred from North Carolina Eastern on 5/18/2016.] (Entered: 03/11/2016)

March 11, 2016

March 11, 2016

PACER

Motion Referred to Julie Richards Johnston, Clerk of Court - 10 MOTION for Extension of Time to File Answer regarding 1 Complaint. (Baker, C.) [Transferred from North Carolina Eastern on 5/18/2016.]

March 11, 2016

March 11, 2016

PACER

TEXT ORDER granting defendant's 10 motion for extension of time. Defendant Richard Brajer has through and including April 13, 2016 to answer or otherwise respond to plaintiff's complaint. Signed by Jolie Skinner for Julie Richards Johnston, Clerk of Court on 3/11/2016. (Skinner, J.) [Transferred from North Carolina Eastern on 5/18/2016.]

March 11, 2016

March 11, 2016

PACER
11

ANSWER to 1 Complaint, and AFFIRMATIVE DEFENSES, by Richard Brajer. (Wood, Michael) [Transferred from North Carolina Eastern on 5/18/2016.] (Entered: 04/13/2016)

April 13, 2016

April 13, 2016

PACER
12

MOTION to Transfer Case filed by Richard Brajer. (Wood, Michael) [Transferred from North Carolina Eastern on 5/18/2016.] (Entered: 04/13/2016)

April 13, 2016

April 13, 2016

PACER
13

*DOCUMENT CORRECTED AND REFILED AT DOCKET ENTRY 15 * - MOTION to Transfer Case Memorandum in Support of Motion to Transfer Venue filed by Richard Brajer. (Wood, Michael) Modified on 4/14/2016 to insert refiling information. (Baker, C.) [Transferred from North Carolina Eastern on 5/18/2016.] (Entered: 04/13/2016)

April 13, 2016

April 13, 2016

PACER

NOTICE OF DEFICIENCY regarding 13 Motion to Transfer Case - This is not a motion. Counsel has used a motion event to file the supporting memorandum. Counsel is directed to refile the document using the "Memorandum in Support" event located under the "Responses and Replies" category of civil filing events. (Baker, C.) [Transferred from North Carolina Eastern on 5/18/2016.]

April 14, 2016

April 14, 2016

PACER

NOTICE OF DEFICIENCY regarding 12 Motion to Transfer Case - Pursuant to the presiding judge's practice preferences available on this court's website, counsel must file a proposed order. The order shall be filed electronically using the PROPOSED ORDER even located in the RESPONSES AND REPLIES category, and link the filing back to the corresponding motion on the docket. (Baker, C.) [Transferred from North Carolina Eastern on 5/18/2016.]

April 14, 2016

April 14, 2016

PACER

TEXT ORDER - Where defendant has made motion to transfer venue, good cause appears to delay the parties' scheduling conference activities, and deadline for provision of their joint report and plan, where ordinarily at this juncture the court would trigger these activities in preface to its entry of a case management order through issuance of initial order. Unless a party raises objection to a stay of these activities, pending completion of briefing on the motion now at issue, and decision thereon by this court, in filing due within fourteen (14) days from date of entry of this order, the court will stay that aspect of the case so as to promote focus on the issues raised in defendant's motion. Signed by District Judge Louise Wood Flanagan on 4/14/2016. (Baker, C.) [Transferred from North Carolina Eastern on 5/18/2016.]

April 14, 2016

April 14, 2016

PACER
14

Proposed Order regarding 12 MOTION to Transfer Case filed by Richard Brajer. (Wood, Michael) [Transferred from North Carolina Eastern on 5/18/2016.] (Entered: 04/14/2016)

April 14, 2016

April 14, 2016

PACER
15

Memorandum in Support regarding 12 MOTION to Transfer Case filed by Richard Brajer. (Wood, Michael) [Transferred from North Carolina Eastern on 5/18/2016.] (Entered: 04/14/2016)

April 14, 2016

April 14, 2016

PACER
16

Notice of Appearance filed by M. Elizabeth Guzman on behalf of All Defendants. (Guzman, M.) [Transferred from North Carolina Eastern on 5/18/2016.] (Entered: 04/14/2016)

April 14, 2016

April 14, 2016

PACER
17

RESPONSE in Opposition regarding 12 MOTION to Transfer Case filed by Disability Rights North Carolina. (Sullivan, Kristine) [Transferred from North Carolina Eastern on 5/18/2016.] (Entered: 04/28/2016)

April 28, 2016

April 28, 2016

PACER
18

Proposed Order regarding 17 Response in Opposition to Motion for Change of Venue filed by Disability Rights North Carolina. (Sullivan, Kristine) [Transferred from North Carolina Eastern on 5/18/2016.] (Entered: 04/28/2016)

April 28, 2016

April 28, 2016

PACER

Motion Submitted to District Judge Louise Wood Flanagan - 12 MOTION to Transfer Case. (Baker, C.) [Transferred from North Carolina Eastern on 5/18/2016.]

May 17, 2016

May 17, 2016

PACER
19

ORDER granting 12 Motion to Transfer Case - This action is hereby transferred pursuant to 28 U.S.C. ยง 1404(a) to the Western District of North Carolina. Signed by District Judge Louise Wood Flanagan on 5/17/2016. (Baker, C.) [Transferred from North Carolina Eastern on 5/18/2016.] (Entered: 05/17/2016)

May 17, 2016

May 17, 2016

PACER
20

Case transferred in from District of North Carolina Eastern; Case Number 5:16-cv-00072. Original electronic file and docket sheet received. (Entered: 05/18/2016)

May 18, 2016

May 18, 2016

PACER

Case assigned to District Judge Max O. Cogburn, Jr and Magistrate Judge Dennis Howell. Notice: You must click this link to retrieve the Case Assignment Packet. This is your only notice - you will not receive a separate document. (tmg)

May 18, 2016

May 18, 2016

PACER

NOTICE pursuant to Local Rule 16.1 you are required to conduct an Initial Attorney's Conference within 14 days. At the conference, the parties are required to discuss the issue of consent to jurisdiction of a magistrate judge in accordance with Local Rules 16.1(A) and 73.1(C). The Certificate of Initial Attorneys Conference should be filed within 7 days of the conference. If appropriate, a party may file a Motion to Stay the Initial Attorney's Conference. CIAC Report due by 6/8/2016. (tmg)

May 18, 2016

May 18, 2016

PACER
21

CERTIFICATION of initial attorney conference and discovery plan (Sullivan, Kristine) (Entered: 06/01/2016)

June 1, 2016

June 1, 2016

PACER
22

Pretrial Order and Case Management Plan : Estimated Trial Time: 2 days. Discovery due by 12/1/2016. Motions due by 1/1/2017. Mediation deadline set for 12/15/2016. Ready date for Trial set for 6/5/2017 09:31 AM in Courtroom 1, 100 Otis St, Asheville, NC 28801 before District Judge Max O. Cogburn Jr. Signed by Magistrate Judge Dennis Howell on 6/13/16. (ejb) (Entered: 06/13/2016)

June 13, 2016

June 13, 2016

PACER
23

REPORT of Mediation. Outcome of Mediation: Completely Settled. (Attachments: # 1 Envelope)(khm) (Entered: 11/18/2016)

Nov. 18, 2016

Nov. 18, 2016

PACER

Mediator M. Ann Anderson advised case settled. Agreement for entry of judgment or a stipulation of dismissal to be filed within 30 days or the court will dismiss the case without prejudice. Case Settlement Deadline 12/27/2016. (khm)

Nov. 21, 2016

Nov. 21, 2016

PACER
24

STIPULATION of Dismissal Without Prejudice by Disability Rights North Carolina (Sullivan, Kristine) (Entered: 12/20/2016)

Dec. 20, 2016

Dec. 20, 2016

RECAP

Case Details

State / Territory: North Carolina

Case Type(s):

Disability Rights

Public Benefits/Government Services

Key Dates

Filing Date: Oct. 14, 2016

Closing Date: Dec. 20, 2016

Case Ongoing: No

Plaintiffs

Plaintiff Description:

P&A as organizational plaintiff

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

North Carolina Department of Health and Human Services, State

Defendant Type(s):

Hospital/Health Department

Case Details

Causes of Action:

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

Available Documents:

Complaint (any)

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Issues

Disability and Disability Rights:

disability, unspecified

P&A access authority

P&A Associational Standing