Case: Disability Rights North Carolina v. Moses Cone Health Systems

1:11-cv-00812 | U.S. District Court for the Middle District of North Carolina

Filed Date: Sept. 30, 2011

Closed Date: Sept. 11, 2013

Clearinghouse coding complete

Case Summary

This is a case about whether a Protection and Advocacy (P&A) agency can use its access authority to receive peer review and internal investigation records regarding a deceased psychiatric facility resident. On September 30, 2011 Disability Rights North Carolina (Disability Rights NC) filed this lawsuit in the U.S. District Court for the Middle District of North Carolina. DR North Carolina filed this lawsuit against Moses Cone Health Systems (Moses Cone), a medical center with an inpatient psych…

This is a case about whether a Protection and Advocacy (P&A) agency can use its access authority to receive peer review and internal investigation records regarding a deceased psychiatric facility resident. On September 30, 2011 Disability Rights North Carolina (Disability Rights NC) filed this lawsuit in the U.S. District Court for the Middle District of North Carolina. DR North Carolina filed this lawsuit against Moses Cone Health Systems (Moses Cone), a medical center with an inpatient psychiatric facility, under the Protection and Advocacy for Individuals with Mental Illness (PAIMI) Act. Represented by itself, DR North Carolina sought injunctive relief that required Moses Cone provide plaintiffs with internal investigation records, root cause analyses, and other related records under its PAIMI Act investigatory authority. Judge William Lindsay Osteen Jr. presided over this matter. 

Disability Rights NC began its investigation after they received a report that a Moses Cone’s use of restraints contributed to a resident’s death.  Disability Rights NC requested the resident’s medical records, Moses Cone’s internal investigations, root cause analyses of the death, and related peer review records. Moses Cone provided some of these records and asserted that Disability Rights NC would need a court order for the remaining records. Moses Cone responded to Disability Rights NC’s complaint with a Motion to Dismiss for failure to state a claim that argued a North Carolina state law made the records they would not provide privileged materials. On January 17, 2013 the court denied Moses Cone’s Motion to Dismiss because the PAIMI Act pre-empts any state law on privileged records. Subsequently, Disability Rights NC filed a Motion for Judgment on the Pleadings. On September 11, 2013, the court granted Disability Rights NC’s motion because no dispute existed that Disability Rights NC demonstrated they had probable cause to begin a PAIMI Act investigation and requested these records. The case closed in September 2013. In November 2013, the court allowed and taxed Moses Cone for Disability Rights NC’s bill of costs.  

Summary Authors

NDRN (12/19/2022)

NDRN (12/19/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4998877/parties/disability-rights-north-carolina-v-the-moses-cone-memorial-hospital/


Attorney for Plaintiff

RITTELMEYER, JOHN R. (North Carolina)

SULLIVAN, KRISTINE L. (North Carolina)

Attorney for Defendant

LABBAN, ALLYSON JONES (North Carolina)

MURRAY, MAUREEN DEMAREST (North Carolina)

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Documents in the Clearinghouse

Document
1

1:11-cv-00812

Complaint

Sept. 30, 2011

Sept. 30, 2011

Complaint
10

1:11-cv-00812

First Amended Complaint

Disability Rights NC v. Moses Cone Health Systems

Nov. 18, 2011

Nov. 18, 2011

Complaint
17

1:11-cv-00812

Memorandum Opinion and Order

Disability Rights NC v. Moses Cone Health Systems

Jan. 17, 2013

Jan. 17, 2013

Order/Opinion

2013 WL 2013

19

1:11-cv-00812

Plaintiffs' Motion for Judgment on the Pleadings

Disability Rights NC v. Moses Cone Health Systems

Feb. 7, 2013

Feb. 7, 2013

Pleading / Motion / Brief
20

1:11-cv-00812

Plaintiffs' Memorandum in Support of Plaintiffs' Motion for Judgment on the Pleadings

Feb. 7, 2013

Feb. 7, 2013

Pleading / Motion / Brief
27

1:11-cv-00812

Memorandum Opinion and Order

Disability Rights NC v. Moses Cone Health Systems

Sept. 11, 2013

Sept. 11, 2013

Order/Opinion

2013 WL 2013

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4998877/disability-rights-north-carolina-v-the-moses-cone-memorial-hospital/

Last updated April 6, 2024, 3:16 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against MOSES CONE HEALTH SYSTEM, INC. (Filing fee $ 350 receipt number 0418-993654), filed by DISABILITY RIGHTS NORTH CAROLINA. (RITTELMEYER, JOHN) (Entered: 09/30/2011)

Sept. 30, 2011

Sept. 30, 2011

Clearinghouse
2

CORPORATE DISCLOSURE STATEMENT filed pursuant to FRCP 7.1(a) by Plaintiff DISABILITY RIGHTS NORTH CAROLINA. (RITTELMEYER, JOHN) (Entered: 09/30/2011)

Sept. 30, 2011

Sept. 30, 2011

PACER
3

Summons Issued as to MOSES CONE HEALTH SYSTEM, INC. (Sheets, Jamie) (Entered: 10/03/2011)

Oct. 3, 2011

Oct. 3, 2011

PACER
4

Notice of Right to Consent. Counsel shall serve the attached form on all parties. (Sheets, Jamie) (Entered: 10/03/2011)

Oct. 3, 2011

Oct. 3, 2011

PACER

Case Assigned to JUDGE WILLIAM L. OSTEEN JR. and MAG/JUDGE L. PATRICK AULD. (Sheets, Jamie)

Oct. 4, 2011

Oct. 4, 2011

PACER
5

AFFIDAVIT OF SERVICE by Service of Civil Summons and Complaint as to MOSES CONE HEALTH SYSTEM, INC. served on 10/5/2011, answer due 10/26/2011. (Attachments: # 1 Exhibit Return Receipt)(RITTELMEYER, JOHN) (Entered: 10/18/2011)

Oct. 18, 2011

Oct. 18, 2011

PACER
6

MOTION for Extension of Time to File Answer re 1 Complaint by MOSES CONE HEALTH SYSTEM, INC.. (MURRAY, MAUREEN) (Entered: 10/24/2011)

Oct. 24, 2011

Oct. 24, 2011

PACER

ORDER granting 6 Motion for Extension of Time to Answer for MOSES CONE HEALTH SYSTEM, INC. Answer due by 11/14/2011. Signed by John Brubaker, Clerk of Court, on 10/24/11. (Brubaker, John)

Oct. 24, 2011

Oct. 24, 2011

PACER
7

MOTION to Dismiss by MOSES CONE HEALTH SYSTEM, INC. (LABBAN, ALLYSON) (Entered: 11/14/2011)

Nov. 14, 2011

Nov. 14, 2011

PACER

Set Response Deadline re 7 MOTION to Dismiss: Responses due by 12/8/2011. (Lloyd, Donna)

Nov. 14, 2011

Nov. 14, 2011

PACER

NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENT(S) re 8 Memorandum as to ALLYSON JONES LABBAN. This pleading does not reflect the signature of the filing attorney. Please refile this document with your electronic signature in order to correct this set out deficiency. (Law, Trina)

Nov. 17, 2011

Nov. 17, 2011

PACER
9

MEMORANDUM In Support of 7 MOTION to Dismiss by Defendant MOSES CONE HEALTH SYSTEM, INC. (LABBAN, ALLYSON) (Entered: 11/17/2011)

Nov. 17, 2011

Nov. 17, 2011

PACER
10

First AMENDED COMPLAINT against defendant MOSES H. CONE MEMORIAL HOSPITAL OPERATING CORP., filed by DISABILITY RIGHTS NORTH CAROLINA.(SULLIVAN, KRISTINE) (Entered: 11/18/2011)

Nov. 18, 2011

Nov. 18, 2011

Clearinghouse
11

Summons Issued as to MOSES H. CONE MEMORIAL HOSPITAL OPERATING CORP. (Sheets, Jamie) (Entered: 11/21/2011)

Nov. 21, 2011

Nov. 21, 2011

PACER
12

RESPONSE BRIEF filed by DISABILITY RIGHTS NORTH CAROLINA re 7 MOTION to Dismiss by MOSES CONE HEALTH SYSTEM, INC. (SULLIVAN, KRISTINE) (Entered: 12/07/2011)

Dec. 7, 2011

Dec. 7, 2011

PACER
13

AFFIDAVIT OF SERVICE as to MOSES H. CONE MEMORIAL HOSPITAL OPERATING CORP. served on 12/1/2011, answer due 12/22/2011. (Attachments: # 1 Exhibit Return Receipt, # 2 Exhibit Return Receipt)(RITTELMEYER, JOHN) (Entered: 12/09/2011)

Dec. 9, 2011

Dec. 9, 2011

PACER
14

MOTION to Dismiss Amended Complaint by MOSES H. CONE MEMORIAL HOSPITAL OPERATING CORP. (LABBAN, ALLYSON) (Entered: 12/19/2011)

Dec. 19, 2011

Dec. 19, 2011

PACER
15

MEMORANDUM re 14 MOTION to Dismiss Amended Complaint filed by MOSES H. CONE MEMORIAL HOSPITAL OPERATING CORP . (LABBAN, ALLYSON) (Entered: 12/19/2011)

Dec. 19, 2011

Dec. 19, 2011

PACER
16

Plaintiff's RESPONSE BRIEF re 14 MOTION to Dismiss Amended Complaint by Plaintiff DISABILITY RIGHTS NORTH CAROLINA filed by DISABILITY RIGHTS NORTH CAROLINA. (SULLIVAN, KRISTINE) (Entered: 01/06/2012)

Jan. 6, 2012

Jan. 6, 2012

RECAP

Motions Submitted: 7 MOTION to Dismiss, 14 MOTION to Dismiss Amended Complaint to JUDGE WILLIAM L. OSTEEN JR. (Welch, Kelly)

April 6, 2012

April 6, 2012

PACER
17

MEMORANDUM OPINION AND ORDER signed by CHIEF JUDGE WILLIAM L. OSTEEN, JR., on 1/17/2013, that Defendant's Motion to Dismiss (Doc. 7 ) and Motion to Dismiss Amended Complaint (Doc. 14 ) are DENIED. (Lloyd, Donna) (Entered: 01/17/2013)

Jan. 17, 2013

Jan. 17, 2013

Clearinghouse
18

ANSWER to Amended Complaint by THE MOSES H. CONE MEMORIAL HOSPITAL OPERATING CORPORATION. (MURRAY, MAUREEN) (Entered: 01/31/2013)

Jan. 31, 2013

Jan. 31, 2013

PACER
19

MOTION for Judgment on the Pleadings by DISABILITY RIGHTS NORTH CAROLINA. Responses due by 3/4/2013. (SULLIVAN, KRISTINE) (Entered: 02/07/2013)

Feb. 7, 2013

Feb. 7, 2013

Clearinghouse
20

MEMORANDUM IN SUPPORT OF PLAINTIFF'S 19 MOTION for Judgment on the Pleadings. (SULLIVAN, KRISTINE) Modified on 2/8/2013 to edit text. (Lloyd, Donna) (Entered: 02/07/2013)

Feb. 7, 2013

Feb. 7, 2013

Clearinghouse
21

Amended CERTIFICATE OF SERVICE by DISABILITY RIGHTS NORTH CAROLINA re 19 MOTION for Judgment on the Pleadings. (SULLIVAN, KRISTINE) (Entered: 02/08/2013)

Feb. 8, 2013

Feb. 8, 2013

PACER
22

Amended CERTIFICATE OF SERVICE by DISABILITY RIGHTS NORTH CAROLINA re 20 MEMORANDUM IN SUPPORT OF PLAINTIFF'S 19 MOTION for Judgment on the Pleadings. (SULLIVAN, KRISTINE) Modified on 2/11/2013 to edit text. (Lloyd, Donna) (Entered: 02/08/2013)

Feb. 8, 2013

Feb. 8, 2013

PACER
23

MEMORANDUM IN RESPONSE TO PLAINTIFF'S 19 MOTION FOR JUDGMENT ON THE PLEADINGS by MOSES H. CONE MEMORIAL HOSPITAL OPERATING CORPORATION. Replies due by 3/21/2013. (Attachments: # 1 Text of Proposed Order) (LABBAN, ALLYSON) Modified on 3/6/2013 to edit text. (Lloyd, Donna) (Entered: 03/04/2013)

March 4, 2013

March 4, 2013

PACER
24

REPLY TO 23 MEMORANDUM IN RESPONSE TO PLAINTIFF'S 19 MOTION FOR JUDGMENT ON THE PLEADINGS filed by DISABILITY RIGHTS NORTH CAROLINA. (SULLIVAN, KRISTINE) Modified on 3/8/2013 to edit text. (Lloyd, Donna) (Entered: 03/06/2013)

March 6, 2013

March 6, 2013

PACER

Motion Submitted: 19 First MOTION for Judgment on the Pleadings to CHIEF JUDGE WILLIAM L. OSTEEN JR. (Welch, Kelly)

March 12, 2013

March 12, 2013

PACER
25

NOTICE of Hearing: Motion Hearing set for 5/23/2013 09:30 AM in Greensboro Courtroom #3 before CHIEF JUDGE WILLIAM L. OSTEEN JR. (Welch, Kelly) (Entered: 05/09/2013)

May 9, 2013

May 9, 2013

PACER

Minute Entry for proceedings held before CHIEF JUDGE WILLIAM L. OSTEEN JR. in G-3: Motion Hearing held on 5/23/2013 re 19 MOTION for Judgment on the Pleadings filed by DISABILITY RIGHTS NORTH CAROLINA. Attorneys Kristine Sullivan and John Rittelmeyer appeared on behalf of the plaintiff. Attorneys Maureen Murray and Allyson Labban appeared on behalf of the defendant. Court heard arguments from the parties and takes this matter under advisement. Supplemental Briefing for further clarification as to the categories is due in 45 days if necessary. (Court Reporter Joseph Armstrong.) (Welch, Kelly)

May 23, 2013

May 23, 2013

PACER
26

JOINT STIPULATION CONCERNING MATERIALS PROTECTED BY THE ATTORNEY-CLIENT PRIVILEGE AND THE ATTORNEY WORK PRODUCT DOCTRINE by THE MOSES H. CONE MEMORIAL HOSPITAL OPERATING CORPORATION. (MURRAY, MAUREEN) Modified on 7/10/2013 to edit text to accurately reflect document title. (Lloyd, Donna) (Entered: 07/09/2013)

July 9, 2013

July 9, 2013

PACER

CASE REFERRED re: 26 Joint Stipulation, to CHIEF JUDGE WILLIAM L. OSTEEN JR. (Welch, Kelly)

Sept. 3, 2013

Sept. 3, 2013

PACER
27

MEMORANDUM OPINION AND ORDER signed by CHIEF JUDGE WILLIAM L. OSTEEN, JR., on 9/11/2013, that Plaintiff's Motion for Judgment on the Pleadings (Doc. 19 ) is GRANTED. A judgment consistent with this order will be entered contemporaneously herewith. ³ (Lloyd, Donna) (Entered: 09/11/2013)

Sept. 11, 2013

Sept. 11, 2013

Clearinghouse
28

JUDGMENT signed by CHIEF JUDGE WILLIAM L. OSTEEN, JR., on 9/11/2013, that for the reasons set forth in the Order filed contemporaneously with this Judgment, Plaintiff's Motion for Judgment on the Pleadings (Doc. 19 ) is GRANTED and that this action is dismissed. (Lloyd, Donna) (Entered: 09/11/2013)

Sept. 11, 2013

Sept. 11, 2013

PACER
29

BILL OF COSTS by Plaintiff DISABILITY RIGHTS NORTH CAROLINA. Response to Bill of Costs due by 11/4/2013. (SULLIVAN, KRISTINE) (Entered: 10/17/2013)

Oct. 17, 2013

Oct. 17, 2013

PACER
30

TAXATION OF COSTS in the amount of $370.00 are allowed and taxed against Defendants. Signed by Clerk of Court, John S. Brubaker, on 11/5/2013. (Lloyd, Donna) (Entered: 11/05/2013)

Nov. 5, 2013

Nov. 5, 2013

PACER

Case Details

State / Territory: North Carolina

Case Type(s):

Disability Rights

Key Dates

Filing Date: Sept. 30, 2011

Closing Date: Sept. 11, 2013

Case Ongoing: No

Plaintiffs

Plaintiff Description:

P&A as 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

Moses Cone Health Systems, Non-profit or advocacy

Case Details

Causes of Action:

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

Available Documents:

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Issues

Disability and Disability Rights:

Mental impairment

P&A access authority

P&A Associational Standing