Case: Bone v. University of North Carolina Health Care System

1:18-cv-00994 | U.S. District Court for the Middle District of North Carolina

Filed Date: Dec. 3, 2018

Case Ongoing

Clearinghouse coding complete

Case Summary

This case is about accessibility of health care information for blind individuals. On December 3, 2018, two blind individuals—along with the National Federation of the Blind (NFB) and Disability Rights North Carolina (DRNC)—filed this lawsuit against the University of North Carolina Health Care System (UNC Health) and Nash Hospitals, Inc. (Nash) in the U.S. District Court for the Middle District of North Carolina. Represented by private counsel and lawyers from Disability Rights North Carolina,…

This case is about accessibility of health care information for blind individuals. On December 3, 2018, two blind individuals—along with the National Federation of the Blind (NFB) and Disability Rights North Carolina (DRNC)—filed this lawsuit against the University of North Carolina Health Care System (UNC Health) and Nash Hospitals, Inc. (Nash) in the U.S. District Court for the Middle District of North Carolina. Represented by private counsel and lawyers from Disability Rights North Carolina, the plaintiffs alleged that UNC Health and Nash were denying blind individuals equal opportunity to access their health care information in violation of the Americans with Disabilities Act Title II (against UNC Health) and Title III (against Nash), Section 504 of the Rehabilitation Act (against both), and Section 1557 of the Patient Protection and Affordable Care Act (against both). Specifically, the plaintiffs alleged that UNC Health and Nash provided information critical to the health of their patients in standard print only, without a statutorily required accessible alternative. The plaintiffs sought a declaratory judgment, injunctive relief, compensatory damages, and attorneys’ fees. The case was assigned to Magistrate Judge L. Patrick Auld and Chief District Judge Thomas D. Schroeder. 

Title II of the Americans with Disabilities Act (ADA) bans discrimination against people with disabilities by public entities, while Title III bans disability-based discrimination by places of public accommodation. Section 504 of the Rehabilitation Act bans disability-based discrimination in federally funded programs. Section 1557 of the Patient Protection and Affordable Care Act (ACA) similarly prohibits disability-based discrimination in federally funded health programs.

The plaintiffs amended their complaint on January 24, 2019 to correct the name of Nash Hospitals, Inc. (from “Nash Health Care Systems”).

On February 7, 2019, UNC Health moved to dismiss each of the plaintiffs’ claims, arguing that there was no subject matter jurisdiction because the plaintiffs lacked standing to sue, and that the plaintiffs failed to state a claim. Nash filed its own motion to dismiss on March 28, 2019, arguing that there was no subject matter jurisdiction because the plaintiffs lacked standing and because the claims were moot, and that the plaintiffs failed to state a claim. 

Magistrate Judge Auld issued a report and recommendation on both motions on September 13, 2019, finding that all the plaintiffs had standing and alleged facts sufficient to pursue their claims against UNC Health. However, he recommended dismissing the ADA Title III claim against Nash, as well as all claims against Nash by NFB and DRNC, for lack of associational standing. 2019 WL 4393531.

UNC Health argued that it lacked control of—and therefore lacked responsibility for—Nash's actions; that it did not violate any clearly established statutory right of the plaintiffs; that the statutes in question did not require UNC Health to “fundamentally alter the nature of its services programs or make additional modification sought by the plaintiffs"; that the plaintiffs did not allege disability-based discrimination , suffer any current injury, or state a claim for prospective relief; and that plaintiffs NFB and DRNC did not state a claim for nonparties. Magistrate Judge Auld either disagreed with each of these arguments or found that they were not appropriate for decision on a motion to dismiss.

In regard to Nash, the plaintiffs conceded that one of the individual plaintiffs had not stated a claim against the hospital. As to the other individual plaintiff's claim, Magistrate Judge Auld concluded that, while that plaintiff could pursue a claim against Nash based on an injury in fact, Title III of the ADA did not allow for compensatory damages, only injunctive relief. He further found that this plaintiff failed to establish a likelihood of return to Nash in the future, and so injunctive relief was unavailable, which meant that the plaintiff's Title III claim against Nash should be dismissed. This plaintiff did possess standing to pursue compensatory damages against Nash under the Rehabilitation Act and the ACA. Based on the standing analysis, Magistrate Judge Auld also rejected Nash's argument that this plaintiff's claims were moot. Nash had also argued that the plaintiffs failed to state ACA claims because the statute did not require it to provide Braille documents; Magistrate Judge Auld concluded that this was technically true but that the ACA did require some accessible format, which—according to the complaint—Nash failed to provide.

Magistrate Judge Auld also recommended that the court dismiss NFB and DRNC’s claims against Nash. These two plaintiffs were not seeking compensatory damages against Nash under the Rehabilitation Act or the ACA. Since Magistrate Judge Auld had concluded that the Title III claim against Nash should be dismissed, and because NFB and DRNC were not seeking damages under the other statutes, Magistrate Judge Auld concluded that they lacked associational standing with respect to claims against Nash.

On September 27, 2019 and October 3, 2019 respectively, the plaintiffs and defendants objected to Judge Auld’s recommendation. On March 5 of the following year, Chief Judge Schroeder overruled the objections and adopted Magistrate Judge Auld’s recommendation. UNC Health had argued that the ADA claim against it should be dismissed because it was based on the same operative facts as the claim against Nash, but Judge Schroeder pointed out that different forms of relief are available under Titles II and III of the ADA. 2020 WL 1062421.

On June 16, 2020, UNC Health motioned for judgment on the pleadings, arguing that a United States Supreme Court decision in an analogous case, issued after Magistrate Judge Auld’s ruling on the motion to dismiss, made clear that the magistrate judge applied the wrong causation standard in his discrimination analysis. UNC Health also moved to stay its discovery obligations pending resolution of the motion. Nash similarly filed a motion for judgment on the pleadings and stay of discovery on June 30, 2020. Two months later, August 27, Magistrate Judge Auld recommended denying the motion to stay discovery because there was not sufficient basis to resolve the motions for judgment on the pleadings before discovery proceeded.

On February 4 of the following year, Magistrate Judge Auld also recommended denying UNC Health’s motion for judgment on the pleadings. Magistrate Judge Auld concluded that the Supreme Court case UNC Health cited as dispositive of the previous motion was about § 1981 of the Civil Rights Act of 1866, which was designed with different goals in mind than the ADA or the Rehabilitation Act. He also rejected arguments that UNC Health had previously raised about a Fourth Circuit decision about causation. 2021 WL 395547.

The parties did not object to this report and recommendation, and the court adopted it on March 31, 2021 and denied UNC Health's motion. 2021 WL 3196437.

Nash’s motion for judgment on the pleadings was mooted when, on November 30, 2020, the plaintiffs moved to dismiss their claims against the hospital after reaching a settlement agreement. Nash agreed to pay $150,000 to one of the individual plaintiffs—a combination of damages and attorneys’ fees—and to forgive his medical debts. In exchange, the NFB and DRNC agreed not to sue Nash again for not providing accessible documents in the past. On December 1, 2020, the court dismissed all claims against Nash.

The plaintiffs and UNC Health each filed motions for summary judgment on March 30, 2021 and March 31, 2021, respectively. On January 14 of the following year, Magistrate Judge Auld recommended granting summary judgment to the plaintiffs on some claims, and denying summary judgment to either side on others. The magistrate judge recommended granting summary judgement to the plaintiffs as to many of the documents because the record established that the defendants had violated the relevant statutes. It also held that the settlement with Nash did not deprive one of the plaintiffs of standing to sue UNC Health, though the money that Nash paid might be deducted from money that UNC Health would eventually have to pay. 2022 WL 138644.

Magistrate Judge Auld recommended denying summary judgment for either party as to the plaintiffs' claims for monetary damages because winning damages would require showing intentional discrimination, which requires deliberate indifference by a defendant. The magistrate judge concluded that there was a genuine dispute as to whether UNC Health had exhibited deliberate indifference. Further, as to one of the individual plaintiffs, the magistrate judge recommended denying summary judgment concerning documents sent during a particular time period because the parties disputed whether MyChart, an online health portal, was sufficiently accessible and whether the plaintiff had properly communicated with UNC Health about the accessibility issue. 

Magistrate Judge Auld also concluded that though NFB and DRNC lacked organizational standing, they did both have associational standing, and this standing was not just limited to the individual plaintiffs' claims, as the organizations had argued they also had associational standing based on an additional member who had been allegedly discriminated against. The magistrate judge also recommended that the court not grant injunctive relief to the plaintiffs at this point because a trial could better establish the current state of UNC Health's compliance with accessibility law, and because it was unclear whether the plaintiffs' requested relief was based on incorrect legal standards that exceeded the actual requirements UNC Health had to meet.

UNC Health filed objections to the report and recommendation on January 28, 2022. A couple weeks later, on February 8, the parties engaged in a settlement conference with Magistrate Judge Auld which resulted in a partial settlement agreement. In the agreement, UNC Health admitted to violating the ADA and agreed to pay $125,000 in damages. One individual plaintiff agreed to dismiss his claims, but the other—and the two organizations—agreed to dismiss their claims for damages but not those for injunctive relief. UNC Health also agreed that one of the plaintiffs did not owe it any medical debt. Finally, UNC Health agreed that they had to pay attorneys' fees under the ADA for the claims that had been settled. Because of the settlement, the court did not rule on the motions for summary judgment.

However, on March 11, 2022, the parties sent a joint letter to the court informing it of a dispute that had arisen in formally executing the agreement. The issue was that UNC Health had inserted language regarding Medicare liens, which UNC Health’s insurer insisted on after the settlement agreement in order to comply with their understanding of the Medicare Secondary Payer Act. On March 22, 2022, the plaintiffs filed a motion to enforce the settlement agreement as it was agreed upon on February 8, 2022. UNC Health argued that the new terms they wanted to add would not prejudice the plaintiffs and were necessary for compliance with federal laws.

Magistrate Judge Auld issued a report and recommendation on May 6, 2022, concluding that UNC Health’s added language was a material term that would prejudice the plaintiffs and was not necessary to comply with the Medicare Secondary Payer Act. Therefore, he recommended that the court grant the plaintiffs' motion to enforce the agreement. 2022 WL 1444406. The parties did not object, and Judge Schroeder granted the motion on May 23, 2022.

With the damages portion of the lawsuit resolved, the remaining individual plaintiff, along with NFB and DRNC, moved for a permanent injunction on August 12, 2022. The plaintiffs sought a number of improvements to UNC Health's accessibility procedures, as well as reporting requirements. On June 22, 2023, Judge Schroeder granted the motion in part and denied it in part. The court held that the plaintiffs had won on their ADA claims because UNC Health had admitted to violating the ADA as part of the settlement. It also found that the plaintiffs demonstrated ongoing irreparable harm because UNC Health was still not properly meeting accessibility requirements. Therefore, the court issued an injunction requiring UNC Health to provide accessible documents to the individual plaintiff and the person whose interests NFB and DRNC were representing. However, the court denied the plaintiffs' request for a broader systemic injunction because it held that the plaintiffs had established individualized rather than systemic harms caused by UNC Health, and that UNC Health had made positive systemic changes already. It also concluded that NFB and DRNC's requested relief was limited to the harm caused to their members, and therefore they were not entitled to broad relief either. The court also held that some of the plaintiffs' requested relief involved accommodations that went beyond what the law required. The court's injunction was set to last three years. 2023 WL 4144277.

On August 4, 2023, the plaintiffs moved for attorneys' fees. As of September 24, 2023, that motion was still pending.

Summary Authors

Terry Howard (12/21/2022)

Micah Pollens-Dempsey (9/24/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/8439484/parties/bone-v-university-of-north-carolina-health-care-system/


Judge(s)
Attorney for Plaintiff

CRAWFORD, CHELSEA J. (North Carolina)

GRAFSTEIN, LISA (North Carolina)

Attorney for Defendant

BROUGHTON, ROBERT T. (North Carolina)

DAUGHERTY, MELISSA T. (North Carolina)

DONGRE, MILIND KUMAR (North Carolina)

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Documents in the Clearinghouse

Document
1

1:18-cv-00994

Complaint

Dec. 3, 2018

Dec. 3, 2018

Complaint
44

1:18-cv-00994

Memorandum Opinion, Order, and Recommendation of United States Magistrate Judge

Sept. 13, 2019

Sept. 13, 2019

Magistrate Report/Recommendation

2019 WL 2019

57

1:18-cv-00994

Order

March 5, 2020

March 5, 2020

Order/Opinion

2020 WL 2020

98

1:18-cv-00994

Memorandum Opinion and Recommendation of United States Magistrate Judge

Feb. 4, 2021

Feb. 4, 2021

Magistrate Report/Recommendation

2021 WL 2021

125

1:18-cv-00994

Memorandum Opinion, Order, and Recommendation of United States Magistrate Judge

Jan. 14, 2022

Jan. 14, 2022

Magistrate Report/Recommendation

2022 WL 2022

143

1:18-cv-00994

Memorandum Opinion and Recommendation of United States Magistrate Judge

May 6, 2022

May 6, 2022

Magistrate Report/Recommendation

2022 WL 2022

167

1:18-cv-00994

Memorandum Opinion and Order

June 22, 2023

June 22, 2023

Order/Opinion

2023 WL 2023

Docket

See docket on RECAP: https://www.courtlistener.com/docket/8439484/bone-v-university-of-north-carolina-health-care-system/

Last updated April 21, 2024, 3:04 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Nash Health Care Systems, UNIVERSITY OF NORTH CAROLINA HEALTH CARE SYSTEM ( Filing fee $ 400 receipt number 0418-2470897.), filed by DISABILITY RIGHTS NORTH CAROLINA, John Bone, National Federation of the Blind, TIMOTHY MILES. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit Summons, # 3 Exhibit Summons)(GRAFSTEIN, LISA) (Entered: 12/03/2018)

1 Civil Cover Sheet

View on PACER

2 Exhibit Summons

View on PACER

3 Exhibit Summons

View on PACER

Dec. 3, 2018

Dec. 3, 2018

Clearinghouse

Case Assigned

Dec. 3, 2018

Dec. 3, 2018

PACER
2

CORPORATE DISCLOSURE STATEMENT filed pursuant to FRCP 7.1(a) by Plaintiff DISABILITY RIGHTS NORTH CAROLINA (GRAFSTEIN, LISA) (Entered: 12/03/2018)

Dec. 3, 2018

Dec. 3, 2018

PACER

Case Referred to Standing Order 30

Dec. 3, 2018

Dec. 3, 2018

PACER
3

CORPORATE DISCLOSURE STATEMENT filed pursuant to FRCP 7.1(a) by Plaintiff John Bone (GRAFSTEIN, LISA) (Entered: 12/03/2018)

Dec. 3, 2018

Dec. 3, 2018

PACER
4

CORPORATE DISCLOSURE STATEMENT filed pursuant to FRCP 7.1(a) by Plaintiff National Federation of the Blind (GRAFSTEIN, LISA) (Entered: 12/03/2018)

Dec. 3, 2018

Dec. 3, 2018

PACER
5

CORPORATE DISCLOSURE STATEMENT filed pursuant to FRCP 7.1(a) by Plaintiff TIMOTHY MILES (GRAFSTEIN, LISA) (Entered: 12/03/2018)

Dec. 3, 2018

Dec. 3, 2018

PACER
6

NOTICE of Appearance by attorney LISA GRAFSTEIN on behalf of Plaintiffs John Bone, DISABILITY RIGHTS NORTH CAROLINA, TIMOTHY MILES, National Federation of the Blind (GRAFSTEIN, LISA) (Entered: 12/03/2018)

Dec. 3, 2018

Dec. 3, 2018

PACER

Case assigned to UNASSIGNED and MAGISTRATE JUDGE L. PATRICK AULD. (Coyne, Michelle)

Dec. 3, 2018

Dec. 3, 2018

PACER

CASE REFERRED to Standing Order 30. (Coyne, Michelle)

Dec. 3, 2018

Dec. 3, 2018

PACER
7

NOTICE of Appearance by attorney JESSICA P. WEBER on behalf of Plaintiffs JOHN BONE, DISABILITY RIGHTS NORTH CAROLINA, TIMOTHY MILES, NATIONAL FEDERATION OF THE BLIND (WEBER, JESSICA) (Entered: 12/03/2018)

Dec. 3, 2018

Dec. 3, 2018

PACER
8

NOTICE of Appearance by attorney CHRISTOPHER A. HODGSON on behalf of Plaintiffs JOHN BONE, DISABILITY RIGHTS NORTH CAROLINA, TIMOTHY MILES, NATIONAL FEDERATION OF THE BLIND (HODGSON, CHRISTOPHER) (Entered: 12/04/2018)

Dec. 4, 2018

Dec. 4, 2018

PACER
9

Summons Issued as to NASH HEALTH CARE SYSTEMS, UNIVERSITY OF NORTH CAROLINA HEALTH CARE SYSTEM. (Attachments: # 1 Nash)(Coyne, Michelle) (Entered: 12/04/2018)

Dec. 4, 2018

Dec. 4, 2018

PACER
10

Notice of Right to Consent. Counsel shall serve the attached form on all parties. (Attachments: # 1 Consent Form)(Coyne, Michelle) (Entered: 12/04/2018)

Dec. 4, 2018

Dec. 4, 2018

PACER
11

Declaration of Proof of Service served on Nash Health Care Systems on 12/12/2018, filed by JOHN BONE, DISABILITY RIGHTS NORTH CAROLINA, TIMOTHY MILES, NATIONAL FEDERATION OF THE BLIND. . (Attachments: # 1 Exhibit)(HODGSON, CHRISTOPHER) (Entered: 12/20/2018)

Dec. 20, 2018

Dec. 20, 2018

PACER

Order on Motion for Extension of Time to Answer

Dec. 20, 2018

Dec. 20, 2018

PACER
12

NOTICE of Appearance by attorney DENA BETH LANGLEY on behalf of Defendant NASH HEALTH CARE SYSTEMS (LANGLEY, DENA) (Entered: 12/20/2018)

Dec. 20, 2018

Dec. 20, 2018

PACER
13

Corporate Disclosure Statement by NASH HEALTH CARE SYSTEMS. (LANGLEY, DENA) (Entered: 12/20/2018)

Dec. 20, 2018

Dec. 20, 2018

PACER
14

MOTION for Extension of Time to File Answer re 1 Complaint, by NASH HEALTH CARE SYSTEMS. (Attachments: # 1 Text of Proposed Order)(LANGLEY, DENA) (Entered: 12/20/2018)

Dec. 20, 2018

Dec. 20, 2018

PACER

ORDER granting 14 Motion for Extension of Time to Answer for NASH HEALTH CARE SYSTEMS. Answer due by 1/28/2019. Signed by John Brubaker, Clerk of Court, on 12/20/2018. (Brubaker, John)

Dec. 20, 2018

Dec. 20, 2018

PACER
15

NOTICE of Appearance by attorney KATHRYN JEAN THOMAS on behalf of Defendant UNIVERSITY OF NORTH CAROLINA HEALTH CARE SYSTEM (THOMAS, KATHRYN) (Entered: 12/27/2018)

Dec. 27, 2018

Dec. 27, 2018

PACER
16

MOTION for Extension of Time to File Answer re 1 Complaint, by UNIVERSITY OF NORTH CAROLINA HEALTH CARE SYSTEM. (Attachments: # 1 Text of Proposed Order)(THOMAS, KATHRYN) (Entered: 12/27/2018)

Dec. 27, 2018

Dec. 27, 2018

PACER

ORDER granting 16 Motion for Extension of Time to Answer for UNIVERSITY OF NORTH CAROLINA HEALTH CARE SYSTEM. Answer due by 1/28/2019. Signed by John Brubaker, Clerk of Court, on 12/31/2018. (Brubaker, John)

Dec. 31, 2018

Dec. 31, 2018

PACER

Order on Motion for Extension of Time to Answer

Dec. 31, 2018

Dec. 31, 2018

PACER
17

Joint MOTION for Extension of Time to File Answer by NASH HEALTH CARE SYSTEMS, UNIVERSITY OF NORTH CAROLINA HEALTH CARE SYSTEM. (Attachments: # 1 Text of Proposed Order)(LANGLEY, DENA) (Entered: 01/24/2019)

Jan. 24, 2019

Jan. 24, 2019

PACER
18

AMENDED COMPLAINT against defendant UNIVERSITY OF NORTH CAROLINA HEALTH CARE SYSTEM, Nash Hospitals, Inc., filed by DISABILITY RIGHTS NORTH CAROLINA, JOHN BONE, NATIONAL FEDERATION OF THE BLIND, TIMOTHY MILES. (Attachments: # 1 Summons)(WEBER, JESSICA) (Entered: 01/24/2019)

Jan. 24, 2019

Jan. 24, 2019

RECAP

Motions Referred: RE: 17 Joint MOTION for Extension of Time to File Answer, to MAG/JUDGE L. PATRICK AULD (Garrett, Kim)

Jan. 25, 2019

Jan. 25, 2019

PACER

Motions Referred

Jan. 25, 2019

Jan. 25, 2019

PACER

TEXT ORDER finding as moot 17 Consent Motion for Extension of Time, in light of the filing of 18 Amended Complaint. All current Defendants shall answer or otherwise respond to 18 Amended Complaint as prescribed in Federal Rule of Civil Procedure 15(a)(3). Issued by MAG/JUDGE L. PATRICK AULD on 01/25/2019. (AULD, L.)

Jan. 25, 2019

Jan. 25, 2019

PACER

Order on Motion for Extension of Time to Answer

Jan. 25, 2019

Jan. 25, 2019

PACER
19

WAIVER OF SERVICE of SUMMONS by Nash Hospitals, Inc.. Nash Hospitals, Inc. waiver sent on 1/24/2019, answer due 3/25/2019. (LANGLEY, DENA) (Entered: 02/01/2019)

Feb. 1, 2019

Feb. 1, 2019

PACER
20

MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim by UNIVERSITY OF NORTH CAROLINA HEALTH CARE SYSTEM. Response to Motion due by 2/28/2019 (Attachments: # 1 Affidavit Declaration of Chris Ellington, # 2 Exhibit Exhibit 1 to Declaration of Chris Ellington - Management Service Agreement, # 3 Affidavit Declaration of Shane Rogers, # 4 Exhibit Exhibit 1 to Declaration of Shane Rogers letter to T.Miles)(THOMAS, KATHRYN) (Entered: 02/07/2019)

Feb. 7, 2019

Feb. 7, 2019

PACER
21

MEMORANDUM filed by Defendant UNIVERSITY OF NORTH CAROLINA HEALTH CARE SYSTEM re 18 Amended Complaint, in support of Motion to Dismiss filed by UNIVERSITY OF NORTH CAROLINA HEALTH CARE SYSTEM. (THOMAS, KATHRYN) (Entered: 02/07/2019)

Feb. 7, 2019

Feb. 7, 2019

PACER
22

MOTION to Substitute Memorandum of Law by UNIVERSITY OF NORTH CAROLINA HEALTH CARE SYSTEM. Response to Motion due by 3/5/2019 (Attachments: # 1 Exhibit, # 2 Exhibit)(THOMAS, KATHRYN) (Entered: 02/12/2019)

Feb. 12, 2019

Feb. 12, 2019

PACER
23

First MOTION by JOHN BONE, DISABILITY RIGHTS NORTH CAROLINA, TIMOTHY MILES, NATIONAL FEDERATION OF THE BLIND for Extension of Time until March 7, 2019 to Respond to Defendant's Motion to Dismiss Plaintiffs' Amended Complaint. (Attachments: # 1 Text of Proposed Order)(HODGSON, CHRISTOPHER) Modified text on 2/15/2019 to match document filed. (Daniel, J) (Entered: 02/14/2019)

Feb. 14, 2019

Feb. 14, 2019

PACER

Motions Referred: RE: 23 First MOTION for Extension of Time To File Motion for JOHN BONE, DISABILITY RIGHTS NORTH CAROLINA, TIMOTHY MILES, NATIONAL FEDERATION OF THE BLIND to Respond to Defendant's Motion to Dismiss Plaintiffs' Amended Complaint until Ma, 22 MOTION to Substitute Memorandum of Law, to MAG/JUDGE L. PATRICK AULD (Garrett, Kim)

Feb. 15, 2019

Feb. 15, 2019

PACER

Motions Referred

Feb. 15, 2019

Feb. 15, 2019

PACER

TEXT ORDER granting in part 22 Motion for Leave, in that Defendant University of North Carolina Health Care System shall file the Substituted Memorandum of Law attached to 22 Motion, by 02/22/2019. Issued by MAG/JUDGE L. PATRICK AULD on 02/15/2019. (AULD, L.)

Feb. 15, 2019

Feb. 15, 2019

PACER

Order on Motion to Substitute

Feb. 15, 2019

Feb. 15, 2019

PACER

TEXT ORDER granting 23 Consent Motion for Extension of Time. Plaintiff shall file any response to 20 Motion to Dismiss by 03/07/2019. Issued by MAG/JUDGE L. PATRICK AULD on 02/15/2019. (AULD, L.)

Feb. 15, 2019

Feb. 15, 2019

PACER

Order on Motion for Extension of Time To File Motion

Feb. 15, 2019

Feb. 15, 2019

PACER
24

Substituted MEMORANDUM by Defendant UNIVERSITY OF NORTH CAROLINA HEALTH CARE SYSTEM re: 20 MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim. (THOMAS, KATHRYN) (Entered: 02/15/2019)

Feb. 15, 2019

Feb. 15, 2019

PACER
25

NOTICE of Appearance by attorney ROBERT T. BROUGHTON on behalf of Defendant UNIVERSITY OF NORTH CAROLINA HEALTH CARE SYSTEM (BROUGHTON, ROBERT) (Entered: 02/15/2019)

Feb. 15, 2019

Feb. 15, 2019

PACER
26

RESPONSE in Opposition re 20 MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim filed by UNIVERSITY OF NORTH CAROLINA HEALTH CARE SYSTEM filed by JOHN BONE, DISABILITY RIGHTS NORTH CAROLINA, TIMOTHY MILES, NATIONAL FEDERATION OF THE BLIND. Replies due by 3/21/2019 (Attachments: # 1 Affidavit Decl. J. Bone, # 2 Affidavit Decl. R. Scott, # 3 Affidavit Decl. T. Miles, # 4 Exhibit Decl. T. Miles Exhibit A, # 5 Exhibit Decl. T. Miles Exhibit B)(HODGSON, CHRISTOPHER) Modified on 3/7/2019 to attached correct images for attachments 4-5. (Daniel, J) (Entered: 03/07/2019)

March 7, 2019

March 7, 2019

PACER
27

REPLY, filed by Defendant UNIVERSITY OF NORTH CAROLINA HEALTH CARE SYSTEM, to Response to 20 MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim filed by UNIVERSITY OF NORTH CAROLINA HEALTH CARE SYSTEM. (BROUGHTON, ROBERT) (Entered: 03/21/2019)

March 21, 2019

March 21, 2019

PACER
28

MOTION to Dismiss for Lack of Jurisdiction (and Failure to State a Claim) by Nash Hospitals, Inc.. Response to Motion due by 4/15/2019 (Attachments: # 1 Declaration of Lynn Cash, # 2 Exhibit A - Patient Inquiry Report, # 3 Exhibit B - Quotes from LAN, # 4 Exhibit C - Pertinent email communications, # 5 Exhibit D - Certified mail receipt for 12-11-17 packet, # 6 Exhibit E - Certified mail receipt for 12-15-17 packet, # 7 Declaration of Heather Woods, # 8 Exhibit A - October 2018 letters, # 9 Declaration of Brad Weisner, # 10 Exhibit A - NHI Restated Articles of Incorporation, # 11 Exhibit B - NHI Certificates of Assumed Name)(LANGLEY, DENA) (Entered: 03/25/2019)

March 25, 2019

March 25, 2019

PACER
29

MEMORANDUM filed by Defendant Nash Hospitals, Inc. re 28 MOTION to Dismiss for Lack of Jurisdiction (and Failure to State a Claim) (IN SUPPORT OF) filed by Nash Hospitals, Inc.. (Attachments: # 1 Exhibit 1 - Redacted Version of Amended Complaint)(LANGLEY, DENA) (Entered: 03/25/2019)

March 25, 2019

March 25, 2019

PACER
30

Notice to Parties RE: SO30. Responses due by 5/3/2019 (Winchester, Robin) (Entered: 04/03/2019)

April 3, 2019

April 3, 2019

PACER
31

NOTICE of Appearance by attorney CHELSEA J. CRAWFORD on behalf of Plaintiffs JOHN BONE, DISABILITY RIGHTS NORTH CAROLINA, TIMOTHY MILES, NATIONAL FEDERATION OF THE BLIND (CRAWFORD, CHELSEA) (Entered: 04/03/2019)

April 3, 2019

April 3, 2019

PACER
32

RESPONSE in Opposition re 28 MOTION to Dismiss for Lack of Jurisdiction (and Failure to State a Claim) filed by Nash Hospitals, Inc. filed by JOHN BONE, DISABILITY RIGHTS NORTH CAROLINA, TIMOTHY MILES, NATIONAL FEDERATION OF THE BLIND. Replies due by 4/29/2019 (HODGSON, CHRISTOPHER) (Entered: 04/15/2019)

April 15, 2019

April 15, 2019

PACER
33

REPLY, filed by Defendant Nash Hospitals, Inc., to Response to 28 MOTION to Dismiss for Lack of Jurisdiction (and Failure to State a Claim) filed by Nash Hospitals, Inc.. (Attachments: # 1 Exhibit A - Amendment to Hospitalist Agreement)(LANGLEY, DENA) (Entered: 04/29/2019)

April 29, 2019

April 29, 2019

PACER
34

DECLARATION filed by Defendant Nash Hospitals, Inc. re 33 Reply to Response to Motion, OF MARK CASNER filed by Nash Hospitals, Inc.. (Attachments: # 1 Exhibit A - Print out from PAA billing database for Bone)(LANGLEY, DENA) (Entered: 04/29/2019)

April 29, 2019

April 29, 2019

PACER
35

DECLARATION filed by Defendant Nash Hospitals, Inc. re 33 Reply to Response to Motion, OF RENEE DOUBEK filed by Nash Hospitals, Inc.. (Attachments: # 1 Exhibit A (M.A.B. Proposal), # 2 Exhibit B (1-12-2018 M.A.B. correspondence), # 3 Exhibit C (1-23-2018 M.A.B. invoice), # 4 Exhibit D (10-22-18 email))(LANGLEY, DENA) (Entered: 04/29/2019)

April 29, 2019

April 29, 2019

PACER
36

DECLARATION filed by Defendant Nash Hospitals, Inc. re 33 Reply to Response to Motion, OF TRACY DUFRESNE filed by Nash Hospitals, Inc.. (LANGLEY, DENA) (Entered: 04/29/2019)

April 29, 2019

April 29, 2019

PACER
37

DECLARATION filed by Defendant Nash Hospitals, Inc. re 33 Reply to Response to Motion, OF DAWN LASCALLETTE filed by Nash Hospitals, Inc.. (LANGLEY, DENA) (Entered: 04/29/2019)

April 29, 2019

April 29, 2019

PACER
38

DECLARATION filed by Defendant Nash Hospitals, Inc. re 33 Reply to Response to Motion, OF SHARON MURRAY filed by Nash Hospitals, Inc.. (Attachments: # 1 Exhibit A (10-11-2017 Rocky Mount Urology letter), # 2 Exhibit B (11-8-2017 Stiles letter))(LANGLEY, DENA) (Entered: 04/29/2019)

April 29, 2019

April 29, 2019

PACER
39

DECLARATION filed by Defendant Nash Hospitals, Inc. re 33 Reply to Response to Motion, OF LINDA THACKER filed by Nash Hospitals, Inc.. (LANGLEY, DENA) (Entered: 04/29/2019)

April 29, 2019

April 29, 2019

PACER

Motions Referred

May 1, 2019

May 1, 2019

PACER

Motions Referred: RE: 20 MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim, 28 MOTION to Dismiss for Lack of Jurisdiction (and Failure to State a Claim), to MAG/JUDGE L. PATRICK AULD (Garrett, Kim)

May 1, 2019

May 1, 2019

PACER

Case Reassigned

May 9, 2019

May 9, 2019

PACER

Case Reassigned to CHIEF JUDGE THOMAS D. SCHROEDER. UNASSIGNED no longer assigned to the case. (Marsh, Keah)

May 9, 2019

May 9, 2019

PACER
40

MOTION for Leave To File A Surreply by JOHN BONE, DISABILITY RIGHTS NORTH CAROLINA, TIMOTHY MILES, NATIONAL FEDERATION OF THE BLIND. Responses due by 6/3/2019 (Attachments: # 1 Exhibit A Surreply, # 2 Declaration of John Bone, # 3 Declaration of Holly Stiles, # 4 Text of Proposed Order)(CRAWFORD, CHELSEA) (Entered: 05/13/2019)

May 13, 2019

May 13, 2019

PACER
41

RESPONSE filed by Defendant Nash Hospitals, Inc. re 40 MOTION for Leave To File A Surreply filed by DISABILITY RIGHTS NORTH CAROLINA, TIMOTHY MILES, NATIONAL FEDERATION OF THE BLIND, JOHN BONE filed by Nash Hospitals, Inc.. Replies due by 6/17/2019 (LANGLEY, DENA) (Entered: 06/03/2019)

June 3, 2019

June 3, 2019

PACER
42

REPLY, filed by Plaintiffs JOHN BONE, DISABILITY RIGHTS NORTH CAROLINA, TIMOTHY MILES, NATIONAL FEDERATION OF THE BLIND, to Response to 40 MOTION for Leave To File A Surreply filed by JOHN BONE, DISABILITY RIGHTS NORTH CAROLINA, TIMOTHY MILES, NATIONAL FEDERATION OF THE BLIND. (WEBER, JESSICA) (Entered: 06/12/2019)

June 12, 2019

June 12, 2019

PACER

Motions Referred

June 12, 2019

June 12, 2019

PACER

Motion Referred to MAGISTRATE JUDGE L. PATRICK AULD RE: 40 MOTION for Leave To File A Surreply. (Engle, Anita)

June 12, 2019

June 12, 2019

PACER
43

NOTICE of Appearance by attorney SARAH M. SAINT on behalf of Defendant NASH HEALTH CARE SYSTEMS (SAINT, SARAH) (Entered: 07/10/2019)

July 10, 2019

July 10, 2019

PACER
44

MEMORANDUM OPINION, ORDER, AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE L. PATRICK AULD signed on 9/13/2019. RECOMMENDED that the UNCHCS Dismissal Motion (Docket Entry 20 ) be denied. FURTHER RECOMMENDED that the NHI Dismissal Motion (Docket Entry 28 ) be granted in part and denied in part as follows: the Title III claim and all claims asserted by Plaintiffs NFB and DRNC against Defendant NHI be dismissed for lack of standing, but all other claims be allowed to proceed. ORDERED that Plaintiffs' Motion for Leave to File a Surreply (Docket Entry 40 ) is GRANTED. (Daniel, J) (Entered: 09/13/2019)

Sept. 13, 2019

Sept. 13, 2019

Clearinghouse

Order on Motion for Leave

Sept. 13, 2019

Sept. 13, 2019

PACER

ORDER by MAG/JUDGE L. PATRICK AULD on 9/13/2019, granting Plaintiffs' Motion for Leave to file a Surreply (Docket Entry 40 ) per 44 MEMORANDUM OPINION, ORDER, AND RECOMMENDATION. (Daniel, J)

Sept. 13, 2019

Sept. 13, 2019

PACER
45

Notice of Mailing Memorandum Opinion, Order, and Recommendation of United States Magistrate Judge. Objections due by 9/27/2019. Objections for Pro Se due by 9/30/2019. (Daniel, J) (Entered: 09/13/2019)

Sept. 13, 2019

Sept. 13, 2019

PACER
46

NOTICE of Appearance by attorney MILIND KUMAR DONGRE on behalf of Defendant UNIVERSITY OF NORTH CAROLINA HEALTH CARE SYSTEM (DONGRE, MILIND) (Entered: 09/23/2019)

Sept. 23, 2019

Sept. 23, 2019

PACER
47

First MOTION for Extension of Time to Object to Magistrate Judge's Recommended Disposition by UNIVERSITY OF NORTH CAROLINA HEALTH CARE SYSTEM. (Attachments: # 1 Text of Proposed Order)(DONGRE, MILIND) (Entered: 09/25/2019)

Sept. 25, 2019

Sept. 25, 2019

PACER

Order on Motion for Extension of Time-Other

Sept. 26, 2019

Sept. 26, 2019

PACER

Motions Referred

Sept. 26, 2019

Sept. 26, 2019

PACER

Motion Referred to MAGISTRATE JUDGE L. PATRICK AULDRE: 47 First MOTION for Extension of Time to Object to Magistrate Judge's Recommended Disposition. (Engle, Anita)

Sept. 26, 2019

Sept. 26, 2019

PACER

TEXT ORDER granting 47 Consent Motion to Extend Time. Defendant University of North Carolina Health Care System shall file any objections to 44 Recommendation by 10/04/2019. Issued by MAG/JUDGE L. PATRICK AULD on 09/26/2019. (AULD, L.)

Sept. 26, 2019

Sept. 26, 2019

PACER

Order on Motion for Extension of Time

Sept. 26, 2019

Sept. 26, 2019

PACER
48

Consent MOTION for Extension of Time to File by Nash Hospitals, Inc.. (Attachments: # 1 Text of Proposed Order)(SAINT, SARAH) (Entered: 09/26/2019)

Sept. 26, 2019

Sept. 26, 2019

PACER

Motions Referred

Sept. 27, 2019

Sept. 27, 2019

PACER

Motion Referred to MAGISTRATE JUDGE L. PATRICK AULD RE: 48 Consent MOTION for Extension of Time to File. (Engle, Anita)

Sept. 27, 2019

Sept. 27, 2019

PACER

Order on Motion for Extension of Time to File

Sept. 27, 2019

Sept. 27, 2019

PACER

TEXT ORDER granting 48 Consent Motion for Extension of Time. Defendant Nash Hospitals, Inc. shall file any objections to 44 Recommendation by 10/04/2019. The issuing Magistrate Judge wishes counsel for Defendant Nash Hospitals, Inc. all the best for her continued recovery. Issued by MAG/JUDGE L. PATRICK AULD on 09/27/2019. (AULD, L.)

Sept. 27, 2019

Sept. 27, 2019

PACER
49

OBJECTION TO RECOMMENDED RULING - MAGISTRATE JUDGE re 44 Recommended Ruling - Magistrate Judge,, by Plaintiffs JOHN BONE, DISABILITY RIGHTS NORTH CAROLINA, TIMOTHY MILES, NATIONAL FEDERATION OF THE BLIND . (WEBER, JESSICA) (Entered: 09/27/2019)

Sept. 27, 2019

Sept. 27, 2019

PACER
50

OBJECTION TO RECOMMENDED RULING - MAGISTRATE JUDGE re 44 Recommended Ruling - Magistrate Judge,, by Defendant NASH HEALTH CARE SYSTEMS . (SAINT, SARAH) (Entered: 10/03/2019)

Oct. 3, 2019

Oct. 3, 2019

PACER
51

OBJECTION TO RECOMMENDED RULING - MAGISTRATE JUDGE re 44 Recommended Ruling - Magistrate Judge,, by Defendant UNIVERSITY OF NORTH CAROLINA HEALTH CARE SYSTEM . (DONGRE, MILIND) (Entered: 10/04/2019)

Oct. 4, 2019

Oct. 4, 2019

PACER
52

Consent MOTION for Extension of Time to File Response/Reply to Objections by JOHN BONE, DISABILITY RIGHTS NORTH CAROLINA, TIMOTHY MILES, NATIONAL FEDERATION OF THE BLIND. (Attachments: # 1 Text of Proposed Order)(CRAWFORD, CHELSEA) (Entered: 10/08/2019)

Oct. 8, 2019

Oct. 8, 2019

PACER

Motions Referred

Oct. 9, 2019

Oct. 9, 2019

PACER

Motion Referred to MAGISTRATE JUDGE L. PATRICK AULD RE: 52 Consent MOTION for Extension of Time to File Response/Reply to Objections. (Engle, Anita)

Oct. 9, 2019

Oct. 9, 2019

PACER

Order on Motion for Extension of Time to File Response/Reply

Oct. 9, 2019

Oct. 9, 2019

PACER

TEXT ORDER granting 52 Consent Motion for Extension of Time. Plaintiffs shall file any response(s) to 50 Objections and 51 Objections by 11/01/2019. Issued by MAG/JUDGE L. PATRICK AULD on 10/09/2019. (AULD, L.)

Oct. 9, 2019

Oct. 9, 2019

PACER

Set/Reset Motion and R and R Deadlines/Hearings

Oct. 9, 2019

Oct. 9, 2019

PACER

Set Response to Objections Deadline to 50 Objections and 51 Objections. Objections due by 11/01/2019. (Daniel, J)

Oct. 9, 2019

Oct. 9, 2019

PACER
53

RESPONSE TO OBJECTION to 49 Recommended Ruling filed by Nash Hospitals, Inc.. (SAINT, SARAH) (Entered: 10/10/2019)

Oct. 10, 2019

Oct. 10, 2019

PACER
54

REPLY by Plaintiffs JOHN BONE, DISABILITY RIGHTS NORTH CAROLINA, TIMOTHY MILES, NATIONAL FEDERATION OF THE BLIND to 49 Objection to Recommended Ruling - Magistrate Judge, 53 Response to Objection to Recommended Ruling . (WEBER, JESSICA) (Entered: 10/24/2019)

Oct. 24, 2019

Oct. 24, 2019

PACER
55

RESPONSE TO OBJECTION to 51 Recommended Ruling filed by JOHN BONE, DISABILITY RIGHTS NORTH CAROLINA, TIMOTHY MILES, NATIONAL FEDERATION OF THE BLIND. (WEBER, JESSICA) Modified on 11/1/2019 to edit title and terminate incorrectly set deadline. (Sheets, Jamie) (Entered: 11/01/2019)

Nov. 1, 2019

Nov. 1, 2019

PACER
56

RESPONSE TO OBJECTION to 50 Recommended Ruling filed by JOHN BONE, DISABILITY RIGHTS NORTH CAROLINA, TIMOTHY MILES, NATIONAL FEDERATION OF THE BLIND. (WEBER, JESSICA) (Entered: 11/01/2019)

Nov. 1, 2019

Nov. 1, 2019

PACER

Case Referred to Judge

Nov. 4, 2019

Nov. 4, 2019

PACER

CASE REFERRED to CHIEF JUDGE THOMAS D. SCHROEDER RE: 44 RECOMMENDED RULING by MAGISTRATE JUDGE. (Engle, Anita)

Nov. 4, 2019

Nov. 4, 2019

PACER
57

ORDER signed by CHIEF JUDGE THOMAS D. SCHROEDER on 03/05/2020, that UNCHCS's motion to dismiss (Doc. 20 ) is DENIED. Nash's motion to dismiss (Doc. 28 ) is GRANTED IN PART and DENIED IN PART as follows: the Title III claim and all claims asserted by Plaintiffs National Federation of the Blind and Disability Rights of North Carolina against Nash are dismissed for lack of standing; all other claims will be allowed to proceed.(Taylor, Abby) (Entered: 03/05/2020)

March 5, 2020

March 5, 2020

Clearinghouse

Case Details

State / Territory: North Carolina

Case Type(s):

Disability Rights

Key Dates

Filing Date: Dec. 3, 2018

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Two blind individuals from North Carolina, The National Federation of the Blind, and Disability Rights North Carolina

Plaintiff Type(s):

Private Plaintiff

Non-profit NON-religious organization

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

The University of North Carolina Health Care System (Chapel Hill, Orange), Non-profit or advocacy

Nash Hospitals, Inc. (Rocky Mount, Nash), Non-profit or advocacy

Defendant Type(s):

College/University

Hospital/Health Department

Facility Type(s):

Non-government non-profit

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

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Litigation

Form of Settlement:

Private Settlement Agreement

Content of Injunction:

Reasonable Accommodation

Amount Defendant Pays: $150,000 and $125,000 respectively

Order Duration: 2023 - 2026

Issues

Disability and Disability Rights:

Screen readers and similar accessibility devices

Visual impairment

Discrimination Basis:

Disability (inc. reasonable accommodations)

Medical/Mental Health Care:

Medical care, unspecified