Case: A. v. Carlson

1:24-cv-00037 | U.S. District Court for the Northern District of Georgia

Filed Date: Jan. 3, 2024

Case Ongoing

Clearinghouse coding complete

Case Summary

This case is about the state of Georgia failing in its duty to provide vital Medicaid-funded medical services to its vulnerable children with mental disabilities. On January 3, 2024, represented by the Georgia Advocacy Office, National Health Law Program, Center for Public Representation, and private counsel, the plaintiffs filed a class action suit on behalf of four Medicaid-eligible children in the United States District Court for the Northern District of Georgia against Georgia's Commissione…

This case is about the state of Georgia failing in its duty to provide vital Medicaid-funded medical services to its vulnerable children with mental disabilities. On January 3, 2024, represented by the Georgia Advocacy Office, National Health Law Program, Center for Public Representation, and private counsel, the plaintiffs filed a class action suit on behalf of four Medicaid-eligible children in the United States District Court for the Northern District of Georgia against Georgia's Commissioner of the Georgia Department of Community Health (“DCH”); the Commissioner of the Georgia Department of Behavioral Health and Developmental Disabilities (“DBHDD”); and the Commissioner of the Georgia Department of Human Services and the Director of the Division of Family and Children Services (collectively, “DFCS”). The plaintiffs have sued under the Federal Medicaid Act 42 U.S.C. § 1983, the American with Disabilities Act (“ADA”), and the Rehabilitation Act, seeking declaratory and injunctive relief for the state’s failure to provide mandated services statutorily owed to plaintiffs and discriminating against disabled children by segregating them from the non-disabled.

According to the complaint, Medicaid-enrolled children suffering from various mental health conditions classified as “Serious Emotional Disturbance” were deprived of necessary services in their homes and communities. They were also subjected to unnecessary institutionalization because agencies failed to provide three federally-mandated services: Intensive Care Coordination, Intensive In-Home Services, and Mobile Crisis Response Services. Further, when hospitalized, these children were segregated from non-disabled patients, violating the provisions of the Americans with Disabilities Act. 

This case was assigned to Judge Amy Totenberg.

On March 4, 2024, the defendants filed a motion to dismiss for lack of subject matter jurisdiction and for failure to state a claim.

As of March 15, 2024, this case was ongoing.

Summary Authors

Lenneal McKudu (2/15/2024)

Documents in the Clearinghouse

Document
1

1:24-cv-00037

Complaint - Class Action

Jan. 3, 2024

Jan. 3, 2024

Complaint

Docket

See docket on RECAP: https://www.courtlistener.com/docket/68134400/a-v-carlson/

Last updated March 26, 2024, 3:08 a.m.

ECF Number Description Date Link Date / Link
1

CLASS ACTION COMPLAINT filed by Leon C., Zack B., Isaac A., Samuel D., The Georgia Advocacy Office. (Filing fee $405, receipt number AGANDC-13131387) (Attachments: # 1 Civil Cover Sheet) (pdt) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form. (Entered: 01/03/2024)

Jan. 3, 2024

Jan. 3, 2024

Clearinghouse
2

Letter from Clerk re: LR 83.1 Pro Hac Vice requirements sent to Kathryn L. Rucker. Clerk to follow-up by 1/16/2024. (cpp) (Entered: 01/03/2024)

Jan. 3, 2024

Jan. 3, 2024

PACER
3

Letter from Clerk re: LR 83.1 Pro Hac Vice requirements sent to Cathy E. Costanzo. Clerk to follow-up by 1/16/2024. (cpp) (Entered: 01/03/2024)

Jan. 3, 2024

Jan. 3, 2024

PACER
4

Letter from Clerk re: LR 83.1 Pro Hac Vice requirements sent to Mona Ingram. Clerk to follow-up by 1/16/2024. (cpp) (Entered: 01/03/2024)

Jan. 3, 2024

Jan. 3, 2024

PACER
5

MOTION to File and Proceed Under Pseudonyms by Isaac A., Zack B., Leon C., Samuel D. (Attachments: # 1 Individual Plaintiffs' Memorandum in Support of their Motion to File and Proceed Under Pseudonyms)(Holloway, David) Modified on 1/4/2024 to edit filers (tmf). (Entered: 01/03/2024)

Jan. 3, 2024

Jan. 3, 2024

PACER
6

Letter from Clerk re: LR 83.1 Pro Hac Vice requirements sent to Samuel Hyams. Clerk to follow-up by 1/16/2024. (djs) (Entered: 01/03/2024)

Jan. 3, 2024

Jan. 3, 2024

PACER
7

Letter from Clerk re: LR 83.1 Pro Hac Vice requirements sent to M. Gadd. Clerk to follow-up by 1/16/2024. (djs) (Entered: 01/03/2024)

Jan. 3, 2024

Jan. 3, 2024

PACER
8

Letter from Clerk re: LR 83.1 Pro Hac Vice requirements sent to Michele Floyd. Clerk to follow-up by 1/16/2024. (djs) (Entered: 01/03/2024)

Jan. 3, 2024

Jan. 3, 2024

PACER
9

Letter from Clerk re: LR 83.1 Pro Hac Vice requirements sent to Kimberly Lewis. Clerk to follow-up by 1/16/2024. (djs) (Entered: 01/03/2024)

Jan. 3, 2024

Jan. 3, 2024

PACER
10

APPLICATION for Admission of Cathy E Costanzo Pro Hac Vice (Application fee $ 100, receipt number AGANDC-13135754).by Isaac A., Zack B., Leon C., Samuel D., The Georgia Advocacy Office. (Attachments: # 1 Proposed Order of Admission)(Holloway, David) Documents for this entry are not available for viewing outside the courthouse. (Entered: 01/04/2024)

Jan. 4, 2024

Jan. 4, 2024

PACER

APPROVAL by Clerks Office re: 10 APPLICATION for Admission of Cathy E Costanzo Pro Hac Vice (Application fee $ 100, receipt number AGANDC-13135754).. Attorney Cathy E. Costanzo added appearing on behalf of Isaac A., Zack B., Leon C., Samuel D., The Georgia Advocacy Office. E-filing access may be requested after an order granting the application is entered. (djs)

Jan. 5, 2024

Jan. 5, 2024

PACER
11

APPLICATION for Admission of Kathryn L. Rucker Pro Hac Vice (Application fee $ 100, receipt number AGANDC-13139285).by Isaac A., Zack B., Leon C., Samuel D., The Georgia Advocacy Office. (Attachments: # 1 Proposed Order of Admission)(Holloway, David) Documents for this entry are not available for viewing outside the courthouse. (Entered: 01/07/2024)

Jan. 7, 2024

Jan. 7, 2024

PACER
12

APPLICATION for Admission of Mona Igram Pro Hac Vice (Application fee $ 100, receipt number AGANDC-13139287).by Isaac A., Zack B., Leon C., Samuel D., The Georgia Advocacy Office. (Attachments: # 1 Proposed Order of Admission)(Holloway, David) Documents for this entry are not available for viewing outside the courthouse. (Entered: 01/07/2024)

Jan. 7, 2024

Jan. 7, 2024

PACER

APPROVAL by Clerks Office re: 11 APPLICATION for Admission of Kathryn L. Rucker Pro Hac Vice (Application fee $ 100, receipt number AGANDC-13139285). Attorney Kathryn L. Rucker added appearing on behalf of Isaac A., Zack B., Leon C., Samuel D., The Georgia Advocacy Office. E-filing access may be requested after an order granting the application is entered. (esr)

Jan. 8, 2024

Jan. 8, 2024

PACER
13

APPLICATION for Admission of Martha Geron Gadd Pro Hac Vice (Application fee $ 100, receipt number AGANDC-13142930).by Isaac A., Zack B., Leon C., Samuel D., The Georgia Advocacy Office. (Attachments: # 1 Proposed Order of Admission)(Holloway, David) Documents for this entry are not available for viewing outside the courthouse. (Entered: 01/09/2024)

Jan. 9, 2024

Jan. 9, 2024

PACER
14

APPLICATION for Admission of Kimberly Lewis Pro Hac Vice (Application fee $ 100, receipt number AGANDC-13142974).by Isaac A., Zack B., Leon C., Samuel D., The Georgia Advocacy Office. (Attachments: # 1 Proposed Order of Admission)(Holloway, David) Documents for this entry are not available for viewing outside the courthouse. (Entered: 01/09/2024)

Jan. 9, 2024

Jan. 9, 2024

PACER

APPROVAL by Clerks Office re: 12 APPLICATION for Admission of Mona Igram Pro Hac Vice (Application fee $ 100, receipt number AGANDC-13139287). Attorney Mona Igram added appearing on behalf of Isaac A., Zack B., Leon C., Samuel D., The Georgia Advocacy Office. E-filing access may be requested after an order granting the application is entered. (esr)

Jan. 9, 2024

Jan. 9, 2024

PACER
15

APPLICATION for Admission of Samuel Z. Hyams Pro Hac Vice (Application fee $ 100, receipt number AGANDC-13144201).by Isaac A., Zack B., Leon C., Samuel D., The Georgia Advocacy Office. (Attachments: # 1 Proposed Order of Admission)(Holloway, David) Documents for this entry are not available for viewing outside the courthouse. (Entered: 01/09/2024)

Jan. 9, 2024

Jan. 9, 2024

PACER
16

APPLICATION for Admission of Michele Floyd Pro Hac Vice (Application fee $ 100, receipt number AGANDC-13145396).by Isaac A., Zack B., Leon C., Samuel D., The Georgia Advocacy Office. (Attachments: # 1 Proposed Order of Admission)(Holloway, David) Documents for this entry are not available for viewing outside the courthouse. (Entered: 01/09/2024)

Jan. 9, 2024

Jan. 9, 2024

PACER

APPROVAL by Clerks Office re: 13 APPLICATION for Admission of Martha Geron Gadd Pro Hac Vice (Application fee $ 100, receipt number AGANDC-13142930). Attorney M. Gadd added appearing on behalf of Isaac A., Zack B., Leon C., Samuel D., The Georgia Advocacy Office. E-filing access may be requested after an order granting the application is entered. (esr)

Jan. 10, 2024

Jan. 10, 2024

PACER

RETURN of 15 APPLICATION for Admission of Samuel Z. Hyams Pro Hac Vice (Application fee $ 100, receipt number AGANDC-13144201) to attorney for correction. Reason for return: attorney must list all dates of admission to practice for the courts listed on the application. (esr)

Jan. 10, 2024

Jan. 10, 2024

PACER

RETURN of 16 APPLICATION for Admission of Michele Floyd Pro Hac Vice (Application fee $ 100, receipt number AGANDC-13145396) to attorney for correction. Reason for return: attorney must list all dates of admission to practice for the courts listed on the application. (esr)

Jan. 10, 2024

Jan. 10, 2024

PACER
17

STANDING ORDER: GUIDELINES TO PARTIES AND COUNSEL IN CASES PROCEEDING BEFORE THE HONORABLE AMY TOTENBERG. Signed by Judge Amy Totenberg on 1/10/2024. (tmf) (Entered: 01/10/2024)

Jan. 10, 2024

Jan. 10, 2024

PACER
18

APPLICATION for Admission of Samuel Z. Hyams Pro Hac Vice.by Isaac A., Zack B., Leon C., Samuel D., The Georgia Advocacy Office. (Attachments: # 1 Proposed Order of Admission)(Holloway, David) Documents for this entry are not available for viewing outside the courthouse. (Entered: 01/10/2024)

Jan. 10, 2024

Jan. 10, 2024

PACER

APPROVAL by Clerks Office re: 14 APPLICATION for Admission of Kimberly Lewis Pro Hac Vice (Application fee $ 100, receipt number AGANDC-13142974). Attorney Kimberly Lewis added appearing on behalf of Isaac A., Zack B., Leon C., Samuel D., The Georgia Advocacy Office. E-filing access may be requested after an order granting the application is entered. (esr)

Jan. 11, 2024

Jan. 11, 2024

PACER

ORDER, by docket entry only, granting 11, 12, 13, and 14 Applications for Admission Pro Hac Vice. Ordered by Judge Amy Totenberg on 1/11/24. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(hfm)

Jan. 11, 2024

Jan. 11, 2024

PACER

APPROVAL by Clerks Office re: 18 APPLICATION for Admission of Samuel Z. Hyams Pro Hac Vice. Attorney Samuel Hyams added appearing on behalf of Isaac A., Zack B., Leon C., Samuel D., The Georgia Advocacy Office. E-filing access may be requested after an order granting the application is entered. (esr)

Jan. 11, 2024

Jan. 11, 2024

PACER

ORDER, by docket entry only, granting 18 Application for Admission Pro Hac Vice. Ordered by Judge Amy Totenberg on 1/11/24. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(hfm)

Jan. 11, 2024

Jan. 11, 2024

PACER

ORDER, by docket entry only, granting 10 Application for Admission Pro Hac Vice. Ordered by Judge Amy Totenberg on 1/11/24. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(hfm)

Jan. 11, 2024

Jan. 11, 2024

PACER
19

APPLICATION for Admission of Michele Floyd Pro Hac Vice.by Isaac A., Zack B., Leon C., Samuel D., The Georgia Advocacy Office. (Attachments: # 1 Proposed Order of Admission)(Holloway, David) Documents for this entry are not available for viewing outside the courthouse. (Entered: 01/12/2024)

Jan. 12, 2024

Jan. 12, 2024

PACER

APPROVAL by Clerks Office re: 19 APPLICATION for Admission of Michele Floyd Pro Hac Vice (Application fee $ 100, receipt number AGANDC-13145396). Attorney Michele Floyd added appearing on behalf of Isaac A., Zack B., Leon C., Samuel D., The Georgia Advocacy Office. E-filing access may be requested after an order granting the application is entered. (esr)

Jan. 16, 2024

Jan. 16, 2024

PACER

ORDER, by docket entry only, granting 19 Application for Admission Pro Hac Vice. Ordered by Judge Amy Totenberg on 1/16/24. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(hfm)

Jan. 16, 2024

Jan. 16, 2024

PACER
20

APPLICATION for Admission of Frank H. Chang Pro Hac Vice (Application fee $ 100, receipt number AGANDC-13160917).by Candice L. Broce, Russel Carlson, Kevin Tanner. (Webb, Bryan) Documents for this entry are not available for viewing outside the courthouse. (Entered: 01/17/2024)

Jan. 17, 2024

Jan. 17, 2024

PACER

Order on Motion for Extension of Time

Jan. 17, 2024

Jan. 17, 2024

PACER
21

APPLICATION for Admission of Patrick Strawbridge Pro Hac Vice (Application fee $ 100, receipt number AGANDC-13161002).by Candice L. Broce, Russel Carlson, Kevin Tanner. (Webb, Bryan) Documents for this entry are not available for viewing outside the courthouse. (Entered: 01/17/2024)

Jan. 17, 2024

Jan. 17, 2024

PACER
22

CERTIFICATE of Compliance With Standing Order by Plaintiffs' Counsel (Orland, Devon) (Entered: 01/17/2024)

Jan. 17, 2024

Jan. 17, 2024

PACER
23

NOTICE of Appearance by Bryan K. Webb on behalf of Candice L. Broce, Russel Carlson, Kevin Tanner (Webb, Bryan) (Entered: 01/17/2024)

Jan. 17, 2024

Jan. 17, 2024

PACER
24

Consent MOTION for Extension of Time to File a Response re: 5 MOTION to File and Proceed Under Pseudonyms with Brief In Support by Candice L. Broce, Russel Carlson, Kevin Tanner. (Attachments: # 1 Text of Proposed Order)(Webb, Bryan) (Entered: 01/17/2024)

Jan. 17, 2024

Jan. 17, 2024

PACER

ORDER, by docket entry only, granting 24 Motion for Extension of Time, through and including February 16, 2024, to file a response re 5 MOTION to File and Proceed Under Pseudonyms. Ordered by Judge Amy Totenberg on 1/17/24. (hfm)

Jan. 17, 2024

Jan. 17, 2024

PACER

APPROVAL by Clerks Office re: 20 APPLICATION for Admission of Frank H. Chang Pro Hac Vice (Application fee $ 100, receipt number AGANDC-13160917). Attorney Frank H. Chang added appearing on behalf of Candice L. Broce, Russel Carlson, Kevin Tanner. E-filing access may be requested after an order granting the application is entered. (esr)

Jan. 19, 2024

Jan. 19, 2024

PACER

APPROVAL by Clerks Office re: 20 APPLICATION for Admission of Frank H. Chang Pro Hac Vice (Application fee $ 100, receipt number AGANDC-13160917). Attorney Frank H. Chang added appearing on behalf of Candice L. Broce, Russel Carlson, Kevin Tanner. E-filing access may be requested after an order granting the application is entered. (esr)

Jan. 19, 2024

Jan. 19, 2024

PACER

APPROVAL by Clerks Office re: 21 APPLICATION for Admission of Patrick Strawbridge Pro Hac Vice (Application fee $ 100, receipt number AGANDC-13161002). Attorney Patrick Strawbridge added appearing on behalf of Candice L. Broce, Russel Carlson, Kevin Tanner. E-filing access may be requested after an order granting the application is entered. (esr)

Jan. 19, 2024

Jan. 19, 2024

PACER

Approval of Application for Admission Pro Hac Vice

Jan. 19, 2024

Jan. 19, 2024

PACER

APPROVAL by Clerks Office re: 21 APPLICATION for Admission of Patrick Strawbridge Pro Hac Vice (Application fee $ 100, receipt number AGANDC-13161002). Attorney Patrick Strawbridge added appearing on behalf of Candice L. Broce, Russel Carlson, Kevin Tanner. E-filing access may be requested after an order granting the application is entered. (esr)

Jan. 19, 2024

Jan. 19, 2024

PACER

ORDER, by docket entry only, granting 20 and 21 Applications for Admission Pro Hac Vice. Ordered by Judge Amy Totenberg on 1/19/24. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(hfm)

Jan. 19, 2024

Jan. 19, 2024

PACER

Approval of Application for Admission Pro Hac Vice

Jan. 19, 2024

Jan. 19, 2024

PACER

Order on Application for Admission PHV

Jan. 19, 2024

Jan. 19, 2024

PACER

ORDER, by docket entry only, granting 20 and 21 Applications for Admission Pro Hac Vice. Ordered by Judge Amy Totenberg on 1/19/24. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(hfm)

Jan. 19, 2024

Jan. 19, 2024

PACER

Order on Application for Admission PHV

Jan. 19, 2024

Jan. 19, 2024

PACER
25

NOTICE by Isaac A., Zack B., Leon C., Samuel D., The Georgia Advocacy Office (Joint Notice Pursuant to L.R. 23.1(C)(2)) (Holloway, David) (Entered: 01/24/2024)

Jan. 24, 2024

Jan. 24, 2024

PACER
25

NOTICE by Isaac A., Zack B., Leon C., Samuel D., The Georgia Advocacy Office (Joint Notice Pursuant to L.R. 23.1(C)(2)) (Holloway, David) (Entered: 01/24/2024)

Jan. 24, 2024

Jan. 24, 2024

PACER
26

PROPOSED CONSENT ORDER Proposed Stipulated Confidentiality Protective Order. (Holloway, David) (Entered: 01/26/2024)

Jan. 26, 2024

Jan. 26, 2024

RECAP
26

PROPOSED CONSENT ORDER Proposed Stipulated Confidentiality Protective Order. (Holloway, David) (Entered: 01/26/2024)

Jan. 26, 2024

Jan. 26, 2024

RECAP
27

STIPULATED CONFIDENTIALITY PROTECTIVE ORDER: See document for specifics. Signed by Judge Amy Totenberg on 1/26/2024. (tmf) (Entered: 01/26/2024)

Jan. 26, 2024

Jan. 26, 2024

PACER
27

STIPULATED CONFIDENTIALITY PROTECTIVE ORDER: See document for specifics. Signed by Judge Amy Totenberg on 1/26/2024. (tmf) (Entered: 01/26/2024)

Jan. 26, 2024

Jan. 26, 2024

PACER
28

RESPONSE re 5 MOTION to File and Proceed Under Pseudonyms filed by Candice L. Broce, Russel Carlson, Kevin Tanner. (Strawbridge, Patrick) (Entered: 02/09/2024)

Feb. 9, 2024

Feb. 9, 2024

RECAP
28

RESPONSE re 5 MOTION to File and Proceed Under Pseudonyms filed by Candice L. Broce, Russel Carlson, Kevin Tanner. (Strawbridge, Patrick) (Entered: 02/09/2024)

Feb. 9, 2024

Feb. 9, 2024

RECAP

Order on Motion for Miscellaneous Relief

Feb. 12, 2024

Feb. 12, 2024

PACER

Order on Motion for Miscellaneous Relief

Feb. 12, 2024

Feb. 12, 2024

PACER

ORDER, by docket entry only, granting 5 Motion to File and Proceed Under Pseudonyms. Ordered by Judge Amy Totenberg on 2/12/24. (hfm)

Feb. 12, 2024

Feb. 12, 2024

PACER

ORDER, by docket entry only, granting 5 Motion to File and Proceed Under Pseudonyms. Ordered by Judge Amy Totenberg on 2/12/24. (hfm)

Feb. 12, 2024

Feb. 12, 2024

PACER
29

APPLICATION for Admission of C'Zar David Bernstein Pro Hac Vice (Application fee $ 100, receipt number AGANDC-13251532).by Candice L. Broce, Russel Carlson, Kevin Tanner. (Webb, Bryan) Documents for this entry are not available for viewing outside the courthouse. (Entered: 02/27/2024)

Feb. 27, 2024

Feb. 27, 2024

PACER
29

APPLICATION for Admission of C'Zar David Bernstein Pro Hac Vice (Application fee $ 100, receipt number AGANDC-13251532).by Candice L. Broce, Russel Carlson, Kevin Tanner. (Webb, Bryan) Documents for this entry are not available for viewing outside the courthouse. (Entered: 02/27/2024)

Feb. 27, 2024

Feb. 27, 2024

PACER
30

Consent MOTION for Leave to File consolidated brief in support of motion to dismiss by Candice L. Broce, Russel Carlson, Kevin Tanner. (Strawbridge, Patrick) (Entered: 02/27/2024)

Feb. 27, 2024

Feb. 27, 2024

PACER
30

Consent MOTION for Leave to File consolidated brief in support of motion to dismiss by Candice L. Broce, Russel Carlson, Kevin Tanner. (Strawbridge, Patrick) (Entered: 02/27/2024)

Feb. 27, 2024

Feb. 27, 2024

PACER

ORDER, by docket entry only, GRANTING IN PART 30 Motion for Leave to File Consolidated Brief. Defendants are DIRECTED to file a consolidated motion to dismiss not to exceed 50 pages. Plaintiffs may file a response brief not to exceed 50 pages. Defendants may file a reply brief not to exceed 30 pages. Ordered by Judge Amy Totenberg on 2/28/24. (hfm)

Feb. 28, 2024

Feb. 28, 2024

PACER

ORDER, by docket entry only, GRANTING IN PART 30 Motion for Leave to File Consolidated Brief. Defendants are DIRECTED to file a consolidated motion to dismiss not to exceed 50 pages. Plaintiffs may file a response brief not to exceed 50 pages. Defendants may file a reply brief not to exceed 30 pages. Ordered by Judge Amy Totenberg on 2/28/24. (hfm)

Feb. 28, 2024

Feb. 28, 2024

PACER

APPROVAL by Clerks Office re: 29 APPLICATION for Admission of C'Zar David Bernstein Pro Hac Vice (Application fee $ 100, receipt number AGANDC-13251532).. Attorney C'Zar Bernstein added appearing on behalf of Candice L. Broce, Russel Carlson, Kevin Tanner. E-filing access may be requested after an order granting the application is entered. (djs)

Feb. 28, 2024

Feb. 28, 2024

PACER

APPROVAL by Clerks Office re: 29 APPLICATION for Admission of C'Zar David Bernstein Pro Hac Vice (Application fee $ 100, receipt number AGANDC-13251532).. Attorney C'Zar Bernstein added appearing on behalf of Candice L. Broce, Russel Carlson, Kevin Tanner. E-filing access may be requested after an order granting the application is entered. (djs)

Feb. 28, 2024

Feb. 28, 2024

PACER

ORDER, by docket entry only, granting 29 Application for Admission Pro Hac Vice. Ordered by Judge Amy Totenberg on 2/28/24. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(hfm)

Feb. 28, 2024

Feb. 28, 2024

PACER

ORDER, by docket entry only, granting 29 Application for Admission Pro Hac Vice. Ordered by Judge Amy Totenberg on 2/28/24. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(hfm)

Feb. 28, 2024

Feb. 28, 2024

PACER
31

CERTIFICATE of Compliance with Standing Order (Strawbridge, Patrick) (Entered: 03/04/2024)

March 4, 2024

March 4, 2024

PACER
31

CERTIFICATE of Compliance with Standing Order (Strawbridge, Patrick) (Entered: 03/04/2024)

March 4, 2024

March 4, 2024

PACER
32

MOTION to Dismiss for Lack of Subject-Matter Jurisdiction, MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support by Candice L. Broce, Russel Carlson, Kevin Tanner. (Attachments: # 1 Brief Memorandum in Support)(Strawbridge, Patrick) (Entered: 03/04/2024)

1 Brief Memorandum in Support

View on PACER

March 4, 2024

March 4, 2024

PACER
32

MOTION to Dismiss for Lack of Subject-Matter Jurisdiction, MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support by Candice L. Broce, Russel Carlson, Kevin Tanner. (Attachments: # 1 Brief Memorandum in Support)(Strawbridge, Patrick) (Entered: 03/04/2024)

1 Brief Memorandum in Support

View on PACER

March 4, 2024

March 4, 2024

PACER
33

Consent MOTION for Extension of Time to File Response to Defendants' Motion to Dismiss re: 32 MOTION to Dismiss for Lack of Subject-Matter Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Isaac A., Zack B., Leon C., Samuel D., The Georgia Advocacy Office. (Attachments: # 1 Proposed Order)(Holloway, David) (Entered: 03/06/2024)

March 6, 2024

March 6, 2024

PACER
33

Consent MOTION for Extension of Time to File Response to Defendants' Motion to Dismiss re: 32 MOTION to Dismiss for Lack of Subject-Matter Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Isaac A., Zack B., Leon C., Samuel D., The Georgia Advocacy Office. (Attachments: # 1 Proposed Order)(Holloway, David) (Entered: 03/06/2024)

March 6, 2024

March 6, 2024

PACER

ORDER, by docket entry only, granting 33 Motion for Extension of Time, through and including April 1, 2024, to file a response re 32 MOTION to Dismiss. Ordered by Judge Amy Totenberg on 3/6/24. (hfm)

March 6, 2024

March 6, 2024

PACER

ORDER, by docket entry only, granting 33 Motion for Extension of Time, through and including April 1, 2024, to file a response re 32 MOTION to Dismiss. Ordered by Judge Amy Totenberg on 3/6/24. (hfm)

March 6, 2024

March 6, 2024

PACER
34

Consent MOTION for Extension of Time to Hold the Early Planning Conference by Candice L. Broce, Russel Carlson, Kevin Tanner. (Strawbridge, Patrick) (Entered: 03/08/2024)

March 8, 2024

March 8, 2024

PACER
34

Consent MOTION for Extension of Time to Hold the Early Planning Conference by Candice L. Broce, Russel Carlson, Kevin Tanner. (Strawbridge, Patrick) (Entered: 03/08/2024)

March 8, 2024

March 8, 2024

PACER
35

MOTION to Stay Discovery Proceedings until After the Filing of An Answer with Brief In Support by Candice L. Broce, Russel Carlson, Kevin Tanner. (Attachments: # 1 Brief in support of Motion to Stay)(Strawbridge, Patrick) (Entered: 03/08/2024)

March 8, 2024

March 8, 2024

PACER
35

MOTION to Stay Discovery Proceedings until After the Filing of An Answer with Brief In Support by Candice L. Broce, Russel Carlson, Kevin Tanner. (Attachments: # 1 Brief in support of Motion to Stay)(Strawbridge, Patrick) (Entered: 03/08/2024)

March 8, 2024

March 8, 2024

PACER

ORDER, by docket entry only, granting 34 Motion for Extension of Time to Hold the Early Planning Conference. The deadline for holding the Early Planning Conference is extended through and including April 1, 2024. Ordered by Judge Amy Totenberg on 3/8/24. (hfm)

March 8, 2024

March 8, 2024

PACER

ORDER, by docket entry only, granting 34 Motion for Extension of Time to Hold the Early Planning Conference. The deadline for holding the Early Planning Conference is extended through and including April 1, 2024. Ordered by Judge Amy Totenberg on 3/8/24. (hfm)

March 8, 2024

March 8, 2024

PACER
36

RESPONSE in Opposition re 35 MOTION to Stay Discovery Proceedings until After the Filing of An Answer filed by Isaac A., Zack B., Leon C., Samuel D., The Georgia Advocacy Office. (Gadd, Martha) (Entered: 03/11/2024)

March 11, 2024

March 11, 2024

PACER
36

RESPONSE in Opposition re 35 MOTION to Stay Discovery Proceedings until After the Filing of An Answer filed by Isaac A., Zack B., Leon C., Samuel D., The Georgia Advocacy Office. (Gadd, Martha) (Entered: 03/11/2024)

March 11, 2024

March 11, 2024

PACER
37

REPLY to Response to Motion re 35 MOTION to Stay Discovery Proceedings until After the Filing of An Answer filed by Candice L. Broce, Russel Carlson, Kevin Tanner. (Strawbridge, Patrick) (Entered: 03/12/2024)

March 12, 2024

March 12, 2024

PACER

Case Details

State / Territory: Georgia

Case Type(s):

Disability Rights

Public Benefits/Government Services

Special Collection(s):

Olmstead Cases

Key Dates

Filing Date: Jan. 3, 2024

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

All Medicaid-eligible children under the age of 21 residing in the State of Georgia with Serious Emotional Disturbance for whom the Remedial Services have not been provided and who (a) during the 12 month period before the filing of the Complaint or thereafter were admitted to a Psychiatric Institution, as defined in Paragraph 8, to obtain mental health care; or (b) visited a hospital emergency room seeking mental health care at least twice during the 12 month period before the filing of the Complaint, or within any span of 12 months thereafter.

Plaintiff Type(s):

Private Plaintiff

Non-profit NON-religious organization

Non-DOJ federal government plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

Georgia Departmental of Behavioral Health and Development Disabilities (Atlanta, Fulton), State

Georgia Departmental of Community Health (Atlanta, Fulton), State

Defendant Type(s):

Hospital/Health Department

Case Details

Causes of Action:

42 U.S.C. § 1983

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)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

Benefits (Source):

Medicaid

Disability and Disability Rights:

disability, unspecified

Mental Illness, Unspecified

Medical/Mental Health Care:

Medical care, general

Mental health care, general

Mental health care, unspecified