DISABILITY RIGHTS NORTH CAROLINA V. MOSES CONE HEALTH SYSTEMS

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

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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 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.

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Summary Authors

NDRN (12/19/2022)

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
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

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Docket

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

Last updated March 18, 2023, 3 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
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
	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
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. Â³ (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