Case: Price v. New Hampshire Department of Health and Human Services

1:21-cv-00025 | U.S. District Court for the District of New Hampshire

Filed Date: Jan. 11, 2021

Case Ongoing

Clearinghouse coding complete

Case Summary

A group of Medicaid waiver beneficiaries seeking class status filed a lawsuit on January 11, 2021 in the Us District Court, District of New Hampshire against New Hampshire’s Department of Health and Human Services alleging a failure to provide them with the community-based services, available through the waiver and for which they have been found eligible. Specifically, Plaintiffs asserted, that without their assessed level of waiver service need, they were at risk of unnecessary institutionaliz…

A group of Medicaid waiver beneficiaries seeking class status filed a lawsuit on January 11, 2021 in the Us District Court, District of New Hampshire against New Hampshire’s Department of Health and Human Services alleging a failure to provide them with the community-based services, available through the waiver and for which they have been found eligible. Specifically, Plaintiffs asserted, that without their assessed level of waiver service need, they were at risk of unnecessary institutionalization in violation of the Americans with Disabilities Act and Section 504 of the Rehabilitation Act's integration mandate; and that the State violated the Medicaid Act and 14th Amendment due process requirements by failing to notify them when services are reduced or a hearing to challenge the denial of services.  The case was assigned to Judge Paul J. Barbadoro.

Defendants argued they were not denying the plaintiffs services, but that the state could not find enough providers to meet the service needs because of COVID. The plaintiffs claimed this was not an adequate defense because the provider shortage began long before the COVID pandemic and the defendants did not take reasonable steps to address the problem. For example, the State failed to develop a system for collecting data on unmet service needs, nor did it allow for beneficiaries to self-direct their waiver services, which would have allowed more options for beneficiaries to locate service providers.   

The plaintiffs, represented by the Disability Law Center of New Hampshire and AARP, sought a permanent injunction requiring the state to: provide all appropriate waiver services, collect data on unmet service needs, and ensure appropriate due process is provided when services are reduced or denied. The parties are currently in discovery.

Summary Authors

NDRN (9/11/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/29095105/parties/price-v-nh-department-of-health-and-human-services-commissioner/


Judge(s)

Barbadoro, Paul J. (New Hampshire)

Attorney for Plaintiff

Bagby, Kelly Riseden (New Hampshire)

Deane, W. Daniel (New Hampshire)

Attorney for Defendant

Brown, Caroline (New Hampshire)

Devine, Laura D. (New Hampshire)

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Documents in the Clearinghouse

Document
1

1:21-cv-00025

Class Action Complaint

Price v. New Hampshire Dept Health Human Svc

Jan. 11, 2021

Jan. 11, 2021

Complaint
41

1:21-cv-00025

Memorandum and Order

Nov. 18, 2021

Nov. 18, 2021

Order/Opinion

2021 WL 2021

43

1:21-cv-00025

Plaintiff's Expedited Motion to Compel Production of an ESI Search Term Hit Report and ESI Pursuant to the Parties' Stipulation and Plaintiff's Request for Expedited Consideration of this Motion

Dec. 7, 2021

Dec. 7, 2021

Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/29095105/price-v-nh-department-of-health-and-human-services-commissioner/

Last updated Feb. 24, 2024, 3:08 a.m.

ECF Number Description Date Link Date / Link
1

NEW CASE/ COMPLAINT Filing fee $ 402, receipt number ANHDC-2068738 filed by Paul Scott, Stephanie Price, Kathleen Bates, Emily Fitzmorris. (Attachments: # 1 Civil Cover Sheet, # 2 Summons - Waiver to Lori Shibinette, current Commissioner of NH DHHS, # 3 Summons - Waiver to NH Department of Health and Human Services)(Schultz, Kierstan) (Entered: 01/11/2021)

1 Civil Cover Sheet

View on PACER

2 Summons - Waiver to Lori Shibinette, current Commissioner of NH DHHS

View on PACER

3 Summons - Waiver to NH Department of Health and Human Services

View on PACER

Jan. 11, 2021

Jan. 11, 2021

Clearinghouse
2

NOTICE of Attorney Appearance by Pamela E. Phelan on behalf of Kathleen Bates, Emily Fitzmorris, Stephanie Price, Paul Scott Attorney Pamela E. Phelan added to party Kathleen Bates(pty:pla), Attorney Pamela E. Phelan added to party Emily Fitzmorris(pty:pla), Attorney Pamela E. Phelan added to party Stephanie Price(pty:pla), Attorney Pamela E. Phelan added to party Paul Scott(pty:pla).(Phelan, Pamela) (Entered: 01/11/2021)

Jan. 11, 2021

Jan. 11, 2021

PACER
3

NOTICE of Attorney Appearance by Todd Russell on behalf of Kathleen Bates Attorney Todd Russell added to party Kathleen Bates(pty:pla).(Russell, Todd) (Entered: 01/11/2021)

Jan. 11, 2021

Jan. 11, 2021

PACER
4

NOTICE of Attorney Appearance by Todd Russell on behalf of Kathleen Bates, Emily Fitzmorris, Stephanie Price, Paul Scott Attorney Todd Russell added to party Emily Fitzmorris(pty:pla), Attorney Todd Russell added to party Stephanie Price(pty:pla), Attorney Todd Russell added to party Paul Scott(pty:pla).(Russell, Todd) (Entered: 01/11/2021)

Jan. 11, 2021

Jan. 11, 2021

PACER
5

NOTICE of Attorney Appearance by W. Daniel Deane on behalf of Kathleen Bates, Emily Fitzmorris, Stephanie Price, Paul Scott Attorney W. Daniel Deane added to party Kathleen Bates(pty:pla), Attorney W. Daniel Deane added to party Emily Fitzmorris(pty:pla), Attorney W. Daniel Deane added to party Stephanie Price(pty:pla), Attorney W. Daniel Deane added to party Paul Scott(pty:pla).(Deane, W.) (Entered: 01/11/2021)

Jan. 11, 2021

Jan. 11, 2021

PACER
6

NOTICE of Attorney Appearance by Mark Tyler Knights on behalf of Kathleen Bates, Emily Fitzmorris, Stephanie Price, Paul Scott Attorney Mark Tyler Knights added to party Kathleen Bates(pty:pla), Attorney Mark Tyler Knights added to party Emily Fitzmorris(pty:pla), Attorney Mark Tyler Knights added to party Stephanie Price(pty:pla), Attorney Mark Tyler Knights added to party Paul Scott(pty:pla).(Knights, Mark) (Entered: 01/11/2021)

Jan. 11, 2021

Jan. 11, 2021

PACER
7

NOTICE of Attorney Appearance by Kay E. Drought on behalf of Kathleen Bates, Emily Fitzmorris, Stephanie Price, Paul Scott Attorney Kay E. Drought added to party Kathleen Bates(pty:pla), Attorney Kay E. Drought added to party Emily Fitzmorris(pty:pla), Attorney Kay E. Drought added to party Stephanie Price(pty:pla), Attorney Kay E. Drought added to party Paul Scott(pty:pla).(Drought, Kay) (Entered: 01/11/2021)

Jan. 11, 2021

Jan. 11, 2021

PACER
8

NOTICE of Attorney Appearance by Cheryl S. Steinberg on behalf of Kathleen Bates, Emily Fitzmorris, Stephanie Price, Paul Scott Attorney Cheryl S. Steinberg added to party Kathleen Bates(pty:pla), Attorney Cheryl S. Steinberg added to party Emily Fitzmorris(pty:pla), Attorney Cheryl S. Steinberg added to party Stephanie Price(pty:pla), Attorney Cheryl S. Steinberg added to party Paul Scott(pty:pla).(Steinberg, Cheryl) (Entered: 01/11/2021)

Jan. 11, 2021

Jan. 11, 2021

PACER

Case assigned to Judge Paul J. Barbadoro. The case designation is: 1:21-cv-25-PB. Please show this number with the judge designation on all future pleadings. (ed)

Jan. 11, 2021

Jan. 11, 2021

PACER

NOTICE. This case has been designated for Electronic Case Filing. All further submissions shall be filed in compliance with the Administrative Procedures for Electronic Case Filing. Pro se litigants are not required to file electronically and may continue to file documents in paper format. Persons filing electronically are strongly encouraged to complete the interactive training modules available on the courts website. To access these modules, click HERE. (ed)

Jan. 12, 2021

Jan. 12, 2021

PACER
9

Notice of Lawsuit/Waivers issued electronically as to NH Department of Health and Human Services, NH Department of Health and Human Services, Commissioner. NOTICE: Counsel shall print and serve the notice/waivers and all attachments in accordance with Fed. R. Civ. P. 4. (Attachments: # 1 Notice ECF) (ed) (Entered: 01/12/2021)

Jan. 12, 2021

Jan. 12, 2021

PACER

Case Assigned

Jan. 12, 2021

Jan. 12, 2021

PACER

Notice - ECF

Jan. 12, 2021

Jan. 12, 2021

PACER
10

NOTICE of Attorney Appearance by Anthony Galdieri (NHAG) on behalf of NH Department of Health and Human Services, NH Department of Health and Human Services, Commissioner Attorney Anthony Galdieri (NHAG) added to party NH Department of Health and Human Services(pty:dft), Attorney Anthony Galdieri (NHAG) added to party NH Department of Health and Human Services, Commissioner(pty:dft).(Galdieri (NHAG), Anthony) (Entered: 01/13/2021)

Jan. 13, 2021

Jan. 13, 2021

PACER
11

NOTICE of Attorney Appearance by Seth Michael Zoracki on behalf of NH Department of Health and Human Services, NH Department of Health and Human Services, Commissioner Attorney Seth Michael Zoracki added to party NH Department of Health and Human Services(pty:dft), Attorney Seth Michael Zoracki added to party NH Department of Health and Human Services, Commissioner(pty:dft).(Zoracki, Seth) (Entered: 01/13/2021)

Jan. 13, 2021

Jan. 13, 2021

PACER
12

WAIVER OF SERVICE Returned Executed as to NH Department of Health and Human Services, Commissioner Lori Shibinette by All Plaintiffs. Served/Mailed on 1/11/2021. Answer Follow Up on 3/15/2021. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Schultz, Kierstan) (Entered: 01/15/2021)

Jan. 15, 2021

Jan. 15, 2021

PACER
13

WAIVER OF SERVICE Returned Executed as to NH Department of Health and Human Services by All Plaintiffs. Served/Mailed on 1/11/2021. Answer Follow Up on 3/15/2021. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Schultz, Kierstan) (Entered: 01/15/2021)

Jan. 15, 2021

Jan. 15, 2021

PACER
14

Assented to MOTION for Kelly Bagby to Appear Pro Hac Vice (Filing fee $ 100, Receipt # ANHDC-2084124.) filed by Kathleen Bates, Emily Fitzmorris, Stephanie Price, Paul Scott. (Attachments: # 1 Appendix Bagby Declaration in Support of Motion for PHV Admission)(Schultz, Kierstan) (Entered: 02/23/2021)

Feb. 23, 2021

Feb. 23, 2021

PACER
15

Assented to MOTION for M. Geron Gadd to Appear Pro Hac Vice (Filing fee $ 100, Receipt # ANHDC-2084132.) filed by Kathleen Bates, Emily Fitzmorris, Stephanie Price, Paul Scott. (Attachments: # 1 Appendix Gadd Declaration in Support of PHV Admission)(Schultz, Kierstan) (Entered: 02/23/2021)

Feb. 23, 2021

Feb. 23, 2021

PACER
16

Assented to MOTION for Susan Ann Silverstein to Appear Pro Hac Vice (Filing fee $ 100, Receipt # ANHDC-2084135.) filed by Kathleen Bates, Emily Fitzmorris, Stephanie Price, Paul Scott. (Attachments: # 1 Appendix Silverstein Declaration in Support of PHV Admission)(Schultz, Kierstan) (Entered: 02/23/2021)

Feb. 23, 2021

Feb. 23, 2021

PACER

ENDORSED ORDER granting 14 Assented to MOTION for Kelly Bagby to Appear Pro Hac Vice; granting 15 Assented to MOTION for M. Geron Gadd to Appear Pro Hac Vice; granting 16 Assented to MOTION for Susan Ann Silverstein to Appear Pro Hac Vice. Text of Order: Granted. Local counsel shall comply with all obligations required by L.R. 83.2(b) absent order of the court. So Ordered by Magistrate Judge Andrea K. Johnstone.The clerk's office will provide the admitted attorney with instructions on how to obtain access to electronic filing by separate email. The admitted attorney must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of New Hampshire. After obtaining e-filing access, the admitted attorney must file an appearance to begin receiving electronic notices.(js)

Feb. 24, 2021

Feb. 24, 2021

PACER

Order on Motion to Appear Pro Hac Vice AND Order on Motion to Appear Pro Hac Vice AND Order on Motion to Appear Pro Hac Vice

Feb. 25, 2021

Feb. 25, 2021

PACER
17

NOTICE of Attorney Appearance by Martha Geron Gadd on behalf of Kathleen Bates, Emily Fitzmorris, Stephanie Price, Paul Scott Attorney Martha Geron Gadd added to party Kathleen Bates(pty:pla), Attorney Martha Geron Gadd added to party Emily Fitzmorris(pty:pla), Attorney Martha Geron Gadd added to party Stephanie Price(pty:pla), Attorney Martha Geron Gadd added to party Paul Scott(pty:pla).(Gadd, Martha) (Entered: 02/26/2021)

Feb. 26, 2021

Feb. 26, 2021

PACER
18

NOTICE of Attorney Appearance by Kelly Riseden Bagby on behalf of Kathleen Bates, Emily Fitzmorris, Stephanie Price, Paul Scott Attorney Kelly Riseden Bagby added to party Kathleen Bates(pty:pla), Attorney Kelly Riseden Bagby added to party Emily Fitzmorris(pty:pla), Attorney Kelly Riseden Bagby added to party Stephanie Price(pty:pla), Attorney Kelly Riseden Bagby added to party Paul Scott(pty:pla).(Bagby, Kelly) (Entered: 02/26/2021)

Feb. 26, 2021

Feb. 26, 2021

PACER
19

NOTICE of Attorney Appearance by Susan Ann Silverstein on behalf of Kathleen Bates, Emily Fitzmorris, Stephanie Price, Paul Scott Attorney Susan Ann Silverstein added to party Kathleen Bates(pty:pla), Attorney Susan Ann Silverstein added to party Emily Fitzmorris(pty:pla), Attorney Susan Ann Silverstein added to party Stephanie Price(pty:pla), Attorney Susan Ann Silverstein added to party Paul Scott(pty:pla).(Silverstein, Susan) (Entered: 02/26/2021)

Feb. 26, 2021

Feb. 26, 2021

PACER
20

SUGGESTION OF DEATH as to Paul Scott by Kathleen Bates, Emily Fitzmorris, Stephanie Price, Paul Scott(Schultz, Kierstan) (Entered: 03/02/2021)

March 2, 2021

March 2, 2021

PACER

ENDORSED ORDER RE 20 Suggestion of Death. Text of Order: The death of plaintiff, Paul Scott, shall be noted on the record and the case shall proceed with the other named plaintiffs as representatives of the proposed class. So Ordered by Judge Paul J. Barbadoro.(js)

March 3, 2021

March 3, 2021

PACER

Endorsed Order - not on motion

March 3, 2021

March 3, 2021

PACER
21

Assented to MOTION to Extend Time to Answer to March 22, 2021 filed by NH Department of Health and Human Services, NH Department of Health and Human Services, Commissioner.(Galdieri (NHAG), Anthony) (Entered: 03/12/2021)

March 12, 2021

March 12, 2021

PACER

ENDORSED ORDER granting 21 Assented to Motion to Extend Time to Answer to March 22, 2021. Text of Order: Motion to Extend Time to Answer is granted. For the reasons stated in the motion, the court finds good cause to extend the deadline for issuing the scheduling order pursuant to Fed. R. Civ. P. 16(b). So Ordered by Judge Paul J. Barbadoro.(js)

March 15, 2021

March 15, 2021

PACER

Order on Motion to Extend Time to Answer

March 15, 2021

March 15, 2021

PACER
22

Assented to MOTION to Exceed Memorandum of Law in Support of Defendant's Motion to Dismiss filed by NH Department of Health and Human Services, NH Department of Health and Human Services, Commissioner.(Galdieri (NHAG), Anthony) (Entered: 03/22/2021)

March 22, 2021

March 22, 2021

PACER
23

MOTION to Dismiss filed by NH Department of Health and Human Services, NH Department of Health and Human Services, Commissioner.Follow up on Objection on 4/5/2021. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: # 1 Memorandum of Law in Support of Defendant's Motion to Dismiss, # 2 Exhibit (Affidavit) - Declaration of Anthony J. Galdieri, # 3 Exhibit A to Declaration of Anthony J. Galdieri)(Galdieri (NHAG), Anthony) (Entered: 03/22/2021)

March 22, 2021

March 22, 2021

PACER

ENDORSED ORDER granting 22 Assented to Motion to Exceed Memorandum of Law in Support of Defendant's Motion to Dismiss. Text of Order: Granted. So Ordered by Judge Paul J. Barbadoro.(js)

March 23, 2021

March 23, 2021

PACER

Order on Motion to Exceed

March 23, 2021

March 23, 2021

PACER
24

Assented to MOTION to Extend Time to Object/Respond to 23 MOTION to Dismiss to April 30, 2021 filed by Kathleen Bates, Emily Fitzmorris, Stephanie Price, Paul Scott.(Schultz, Kierstan) (Entered: 04/02/2021)

April 2, 2021

April 2, 2021

PACER

ENDORSED ORDER granting 24 Assented to Motion to Extend Time to Object/Respond re 23 Motion to Dismiss to April 30, 2021. Text of Order: Granted. So Ordered by Judge Paul J. Barbadoro.(js)

April 2, 2021

April 2, 2021

PACER

Order on Motion to Extend Time to Object/Respond

April 2, 2021

April 2, 2021

PACER
25

Assented to MOTION to Exceed Page Limit on Memorandum of Law in Opposition to Motion to Dismiss filed by Kathleen Bates, Emily Fitzmorris, Stephanie Price, Paul Scott.(Phelan, Pamela) (Entered: 04/30/2021)

April 30, 2021

April 30, 2021

PACER
26

MEMORANDUM in Opposition re 23 MOTION to Dismiss filed by Kathleen Bates, Emily Fitzmorris, Stephanie Price, Paul Scott. Follow up on Reply on 5/7/2021. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Phelan, Pamela) (Entered: 04/30/2021)

April 30, 2021

April 30, 2021

RECAP

ENDORSED ORDER granting 25 Assented to Motion to Exceed Page Limit on Memorandum of Law in Opposition to Motion to Dismiss. Text of Order: Granted. So Ordered by Judge Paul J. Barbadoro.(js)

May 3, 2021

May 3, 2021

PACER

Order on Motion to Exceed

May 3, 2021

May 3, 2021

PACER
27

Assented to MOTION to Extend Time to Object/Respond to 26 Memorandum in Opposition to Motion, to May 21, 2021 filed by NH Department of Health and Human Services, NH Department of Health and Human Services, Commissioner. Attorney Amanda Palmeira added to party NH Department of Health and Human Services(pty:dft), Attorney Amanda Palmeira added to party NH Department of Health and Human Services, Commissioner(pty:dft).(Palmeira, Amanda) (Entered: 05/07/2021)

May 7, 2021

May 7, 2021

PACER

ENDORSED ORDER granting 27 Assented to Motion to Extend Time to Object/Respond re 23 Motion to Dismiss. Text of Order: Granted. So Ordered by Judge Paul J. Barbadoro. Follow up on Reply on 5/21/2021. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(js)

May 11, 2021

May 11, 2021

PACER

Order on Motion to Extend Time to Object/Respond

May 11, 2021

May 11, 2021

PACER
28

NOTICE of Attorney Appearance by Amanda Palmeira on behalf of NH Department of Health and Human Services, NH Department of Health and Human Services, Commissioner (Palmeira, Amanda) (Entered: 05/17/2021)

May 17, 2021

May 17, 2021

PACER
29

Assented to MOTION to Exceed Page Limit on Reply to 26 Pltf's Memorandum of Law in Opposition to 23 Motion To Dismiss filed by NH Department of Health and Human Services, NH Department of Health and Human Services, Commissioner.(Palmeira, Amanda) (Entered: 05/21/2021)

May 21, 2021

May 21, 2021

PACER
30

RESPONSE re 26 Memorandum in Opposition to Motion, filed by NH Department of Health and Human Services, NH Department of Health and Human Services, Commissioner. (Palmeira, Amanda) (Entered: 05/21/2021)

May 21, 2021

May 21, 2021

PACER

NOTICE of ECF Filing Error re: 30 Response (not to Motion) filed by NH Department of Health and Human Services, Commissioner, NH Department of Health and Human Services. Filer used the wrong event. Filer should have used Reply to Objection to Motion. NO ACTION REQUIRED - FOR INFORMATIONAL PURPOSES ONLY AND MERELY INTENDED TO EDUCATE ALL PARTIES IN THE CASE. (js)

May 24, 2021

May 24, 2021

PACER

ENDORSED ORDER granting 29 Assented to Motion to Exceed Page Limit on Reply to 26 Pltf's Memorandum of Law in Opposition to 23 Motion To Dismiss. Text of Order: Granted. So Ordered by Judge Paul J. Barbadoro.(js)

May 24, 2021

May 24, 2021

PACER

ECF - Filing Error - Info Only

May 24, 2021

May 24, 2021

PACER

Order on Motion to Exceed

May 24, 2021

May 24, 2021

PACER

NOTICE re: 23 MOTION to Dismiss Motion Hearing set for 6/28/2021 02:00 PM before Judge Paul J. Barbadoro. Pretrial Conference before Judge Paul Barbadoro to follow motion hearing. Discovery Plan Due by June 21, 2021. (vln)

June 2, 2021

June 2, 2021

PACER

Motion Hearing

June 2, 2021

June 2, 2021

PACER
31

Assented to MOTION to Extend Time to June 25, 2021 To File Discovery Plan filed by NH Department of Health and Human Services, NH Department of Health and Human Services, Commissioner.(Zoracki, Seth) (Entered: 06/21/2021)

June 21, 2021

June 21, 2021

PACER

RESCHEDULING NOTICE of Motion Hearing re: 23 MOTION to Dismiss. Motion Hearing set VIA VIDEO CONFERENCE for 7/20/2021 02:00 PM before Judge Paul J. Barbadoro.(js)

June 22, 2021

June 22, 2021

PACER

RESCHEDULING NOTICE of Hearing. Pretrial Conference set VIA VIDEO CONFERENCE for 7/20/2021 03:30 PM before Judge Paul J. Barbadoro.(js)

June 22, 2021

June 22, 2021

PACER

ENDORSED ORDER granting 31 Assented to Motion to Extend Time to June 25, 2021 To File Discovery Plan. Text of Order: Granted. So Ordered by Judge Paul J. Barbadoro.(js)

June 22, 2021

June 22, 2021

PACER

Rescheduling Motion Hearing

June 22, 2021

June 22, 2021

PACER

Rescheduling Hearing Notice

June 22, 2021

June 22, 2021

PACER

Order on Motion to Extend Time

June 22, 2021

June 22, 2021

PACER
32

Proposed Discovery Plan filed by NH Department of Health and Human Services, NH Department of Health and Human Services, Commissioner. (Zoracki, Seth) (Entered: 06/25/2021)

June 25, 2021

June 25, 2021

RECAP

NOTICE OF CANCELLATION OF HEARING: Motion Hearing set for 7/20/2021 is CANCELLED. Status conference to be scheduled. (js)

June 28, 2021

June 28, 2021

PACER

NOTICE of Hearing. Status Conference set VIA VIDEO CONFERENCE for 7/7/2021 11:00 AM before Judge Paul J. Barbadoro.(js)

June 28, 2021

June 28, 2021

PACER

Terminate Deadlines PUBLIC

June 28, 2021

June 28, 2021

PACER

Hearing Notice

June 28, 2021

June 28, 2021

PACER

Minute Entry for proceedings held before Judge Paul J. Barbadoro. STATUS CONFERENCE held VIA VIDEO CONFERENCE on 7/7/2021. Oral argument on motion to dismiss to be scheduled within a few months. Discovery plan approved. (Court Reporter: Liza Dubois) (Pltfs Atty: Pamela E. Phelan; Mark Tyler Knights; Martha Geron Gadd; Cheryl S. Steinberg; Kelly Riseden Bagby; Susan Ann Silverstein; W. Daniel Dean; Kierstan Ellicott Schultz) (Defts Atty: Seth Michael Zoracki; Amanda Palmeira)(Total Hearing Time: 5 minutes) (js)

July 7, 2021

July 7, 2021

PACER

ORAL ORDER approving 32 Discovery Plan. Length of Trial 10-15 days. Case Track: Complex. So Ordered by Judge Paul J. Barbadoro. Summary Judgment Motions due by 9/4/2023. Mediation Follow Up on 8/4/2023. Class Certification Briefs Deadline set for 6/28/2022.(js)

July 7, 2021

July 7, 2021

PACER

TRIAL NOTICE: Bench Trial set for the two-week period beginning 3/5/2024 09:00 AM before Judge Paul J. Barbadoro. Final Pretrial Conference set for 2/21/2024 03:00 PM before Judge Paul J. Barbadoro. JERS Statement due 2/5/2024. Pretrial Statements due 2/5/2024. LR 16.2(d) Objections due 2/19/2024.(js)

July 7, 2021

July 7, 2021

PACER

Status Conference

July 7, 2021

July 7, 2021

PACER

Order on Discovery Plan

July 7, 2021

July 7, 2021

PACER

Trial Notice

July 7, 2021

July 7, 2021

PACER
33

Joint Assented to MOTION for Protective Order filed by Kathleen Bates, Emily Fitzmorris, Stephanie Price, Paul Scott. (Attachments: # 1 Exhibit A: Proposed Protective Order, # 2 Exhibit B: Comparison of Protective Order to Civil Form 5)(Knights, Mark) (Entered: 08/24/2021)

Aug. 24, 2021

Aug. 24, 2021

PACER

ENDORSED ORDER granting 33 Joint Assented to Motion for Protective Order. Text of Order: Granted. So Ordered by Judge Paul J. Barbadoro.(js)

Aug. 24, 2021

Aug. 24, 2021

PACER
34

PROTECTIVE ORDER. So Ordered by Judge Paul J. Barbadoro.(js) (Entered: 08/24/2021)

Aug. 24, 2021

Aug. 24, 2021

RECAP

Order on Motion for Protective Order

Aug. 24, 2021

Aug. 24, 2021

PACER
35

Joint Assented to MOTION for Order on Stipulation Regarding the Conduct of Remote Depositions filed by Kathleen Bates, Emily Fitzmorris, Stephanie Price, Paul Scott. (Attachments: # 1 Exhibit A: Proposed Order)(Knights, Mark) (Entered: 08/30/2021)

Aug. 30, 2021

Aug. 30, 2021

PACER

ENDORSED ORDER granting 35 Joint Assented to MOTION for Order on Stipulation Regarding the Conduct of Remote Depositions. Text of Order: Granted. So Ordered by Judge Paul J. Barbadoro.(js)

Aug. 31, 2021

Aug. 31, 2021

PACER
36

ORDER ON PARTIES STIPULATION REGARDING THE CONDUCT OF REMOTE DEPOSITIONS. So Ordered by Judge Paul J. Barbadoro.(js) (Entered: 08/31/2021)

Aug. 31, 2021

Aug. 31, 2021

PACER

Order on Motion for Miscellaneous Relief

Aug. 31, 2021

Aug. 31, 2021

PACER
37

Joint Assented to MOTION to Extend Time to 09/10/2021 to File Proposed ESI Protocol filed by Kathleen Bates, Emily Fitzmorris, Stephanie Price, Paul Scott.(Schultz, Kierstan) (Entered: 09/01/2021)

Sept. 1, 2021

Sept. 1, 2021

PACER

ENDORSED ORDER granting 37 Joint Assented to Motion to Extend Time to 09/10/2021 to File Proposed ESI Protocol. Text of Order: Granted. So Ordered by Judge Paul J. Barbadoro. (js)

Sept. 2, 2021

Sept. 2, 2021

PACER

Order on Motion to Extend Time

Sept. 2, 2021

Sept. 2, 2021

PACER
38

STIPULATION re: Production of Electronically Stored Information by Kathleen Bates, Emily Fitzmorris, Stephanie Price(Drought, Kay) (Entered: 09/10/2021)

Sept. 10, 2021

Sept. 10, 2021

RECAP

ENDORSED ORDER RE 38 Stipulation re: Production of Electronically Stored Information. Text of Order: Approved. So Ordered by Judge Paul J. Barbadoro.(js)

Sept. 14, 2021

Sept. 14, 2021

PACER

Endorsed Order - not on motion

Sept. 14, 2021

Sept. 14, 2021

PACER

NOTICE re: 23 MOTION to Dismiss. Motion Hearing set VIA VIDEO CONFERENCE for 10/18/2021 02:00 PM before Judge Paul J. Barbadoro.(js)

Sept. 15, 2021

Sept. 15, 2021

PACER

Motion Hearing

Sept. 15, 2021

Sept. 15, 2021

PACER
39

NOTICE of Attorney Appearance by Laura D. Devine on behalf of NH Department of Health and Human Services, NH Department of Health and Human Services, Commissioner Attorney Laura D. Devine added to party NH Department of Health and Human Services(pty:dft), Attorney Laura D. Devine added to party NH Department of Health and Human Services, Commissioner(pty:dft).(Devine, Laura) (Entered: 09/28/2021)

Sept. 28, 2021

Sept. 28, 2021

PACER

Minute Entry for proceedings held before Judge Paul J. Barbadoro. MOTION HEARING held VIA VIDEO CONFERENCE on 10/18/2021 re 23 MOTION to Dismiss. Matter taken under advisement. Order to issue. (Court Reporter: Liza Dubois) (Pltfs Atty: Pamela E. Phelan; Martha Geron Gadd; Kay E. Drought; Mark Tyler Knights; Cheryl S. Steinberg; Kelly Riseden Bagby; Susan Ann Silverstein; W. Daniel Dean; Kierstan Ellicott Schultz) (Defts Atty: Laura Devine, Amanda Palmeira)(Total Hearing Time: 1 hour 30 minutes) (js)

Oct. 18, 2021

Oct. 18, 2021

PACER

Motion Hearing

Oct. 18, 2021

Oct. 18, 2021

PACER
40

TRANSCRIPT of Proceedings for MOTION TO DISMISS HELD VIA VIDEOCONFERENCE on October 18, 2021. Court Reporter: Liza W. Dubois, Telephone # 603 225-1442. Transcript is available for public inspection, but may not be copied or otherwise reproduced, at the Clerk's Office for a period of 90 days. Additionally, only attorneys of record and pro se parties with an ECF login and password who purchase a transcript from the court reporter will have access to the transcript through PACER during this 90-day period. If you would like to order a copy, please contact the court reporter at the above listed phone number.NOTICE: Any party who requests an original transcript has 21 days from service of this notice to determine whether it is necessary to redact any personal identifiers and, if so, to electronically file a Redaction Request. Redaction Request Follow Up 12/3/2021. Redacted Transcript Follow Up 12/13/2021. Release of Transcript Restriction set for 2/7/2022.(js) (Entered: 11/12/2021)

Nov. 12, 2021

Nov. 12, 2021

PACER
41

ORDER denying 23 Motion to Dismiss. So Ordered by Judge Paul J. Barbadoro. (js) (Entered: 11/18/2021)

Nov. 18, 2021

Nov. 18, 2021

Clearinghouse
42

Assented to MOTION to Extend Time to Answer to December 18, 2021 filed by NH Department of Health and Human Services, NH Department of Health and Human Services, Commissioner.(Devine, Laura) (Entered: 11/23/2021)

Nov. 23, 2021

Nov. 23, 2021

PACER

ENDORSED ORDER granting 42 Assented to Motion to Extend Time to Answer to December 18, 2021. Text of Order: Granted. So Ordered by Judge Paul J. Barbadoro. (js)

Nov. 23, 2021

Nov. 23, 2021

PACER

Order on Motion to Extend Time to Answer

Nov. 23, 2021

Nov. 23, 2021

PACER
43

MOTION to Compel Production of an ESI Search Term Hit Report and ESI filed by Kathleen Bates, Emily Fitzmorris, Stephanie Price.Follow up on Objection on 12/21/2021. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: # 1 Exhibit 11-12-2021 Plaintiffs' Correspondence, # 2 Exhibit 11-22-2021 Plaintiffs' Correspondence)(Drought, Kay) (Entered: 12/07/2021)

1 Exhibit 11-12-2021 Plaintiffs' Correspondence

View on PACER

2 Exhibit 11-22-2021 Plaintiffs' Correspondence

View on PACER

Dec. 7, 2021

Dec. 7, 2021

Clearinghouse

NOTICE re: 43 MOTION to Compel Production of an ESI Search Term Hit Report and ESI. Motion Hearing set VIA VIDEO CONFERENCE for 1/5/2022 02:00 PM before Judge Paul J. Barbadoro.(js)

Dec. 8, 2021

Dec. 8, 2021

PACER

Motion Hearing

Dec. 8, 2021

Dec. 8, 2021

PACER
44

NOTICE of Attorney Withdrawal by Todd Russell on behalf of Kathleen Bates, Emily Fitzmorris, Stephanie Price, Paul Scott(Russell, Todd) (Entered: 12/13/2021)

Dec. 13, 2021

Dec. 13, 2021

PACER

Case Details

State / Territory: New Hampshire

Case Type(s):

Disability Rights

Key Dates

Filing Date: Jan. 11, 2021

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

individual plaintiffs seeking class 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

New Hampshire Department of Health and Human Services, State

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

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:

disability, unspecified