Case: Connor v. Maryland Department of Health

1:24-cv-01423 | U.S. District Court for the District of Maryland

Filed Date: May 15, 2024

Case Ongoing

Clearinghouse coding complete

Case Summary

This is a disability rights case about state inspections of nursing homes in Maryland. On May 15, 2024, five nursing home residents filed this class action lawsuit against Maryland's Department of Health (MDOH) in the U.S. District Court for the District of Maryland. Plaintiffs sued under the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act, alleging that MDOH failed to conduct annual inspections of Medicaid and Medicare-funded nursing facilities and allowed a bac…

This is a disability rights case about state inspections of nursing homes in Maryland. On May 15, 2024, five nursing home residents filed this class action lawsuit against Maryland's Department of Health (MDOH) in the U.S. District Court for the District of Maryland. Plaintiffs sued under the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act, alleging that MDOH failed to conduct annual inspections of Medicaid and Medicare-funded nursing facilities and allowed a backlog of complaints to accumulate, leaving residents with disabilities especially vulnerable. Specifically, Plaintiffs alleged that MDOH failed to re-certify facilities for over four years, failed to conduct routine annual checks, and postponed investigation of all but the most urgent complaints until the following year's survey. Plaintiffs argued that these failures impeded the purposes of the ADA and Rehabilitation Act and therefore violated the statutes' implementing regulations. Represented by Public Justice Center and Justice in Aging, Plaintiffs sought a declaratory judgment, an injunction requiring Defendants to speed up the process of nursing home inspections, and attorneys' fees. The case was assigned to District Judge Matthew J. Maddox.

On July 19, 2024, Plaintiffs moved to certify a class of "residents of nursing facilities, who have disabilities with mobility impairment, and who live in nursing facilities that operate under the oversight authority of MDH."  A few days later, on July 22, MDH moved to dismiss the case for lack of jurisdiction and failure to state a claim.

On April 22, 2025, the defendant’s motion to dismiss the case was denied, while the plaintiff’s motion for class certification was granted. The court disagreed with the defendant's argument that the complaint failed to state a claim and allege sufficient facts showing injury, holding that although injury must be concrete and not abstract, it doesn’t need to be physically tangible. The court held that the plaintiffs sufficiently showed that their rights and quality of service had been injured by failures caused by MDH. Meanwhile, the court held that the plaintiff’s class met all of the requirements to be certified: being numerous, sharing commonality of injury, typicality of claims among all members, and having class representatives and attorneys that can adequately represent all members.

About a week later, on May 2, 2025, the court was informed that plaintiff Herman Dressel had passed away at home. 

On June 5, 2025, the plaintiffs filed a motion to stay litigation and request referral for settlement mediation. The case was referred to Magistrate Judge Charles D. Austin for settlement on June 9, and the plaintiff’s motion was granted on June 11. 

Settlement proceedings are ongoing as of October 2025.

Summary Authors

Ted Molina (12/27/2024)

Rayhan Younas (10/26/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/68539142/parties/connor-v-maryland-department-of-health/


Attorney for Plaintiff

Bailey, Regan (Maryland)

Boston, Sheila (Maryland)

Gardner, Debra Lynn (Maryland)

Attorney for Defendant

Clark, Nicole Marie (Maryland)

Glenn, Bambi C (Maryland)

Expert/Monitor/Master/Other

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Documents in the Clearinghouse

Document
1

1:24-cv-01423

Class Action Complaint

May 15, 2024

May 15, 2024

Complaint
62

1:24-cv-01423

Memorandum Opinion

Connor V. Maryland Department of Health

April 22, 2025

April 22, 2025

Order/Opinion

2025 WL 1167846

63

1:24-cv-01423

Order

April 22, 2025

April 22, 2025

Order/Opinion
64

1:24-cv-01423

Plaintiffs' Statement Noting Death of Herman Dressel

Connor V. Maryland Department of Health

May 2, 2025

May 2, 2025

Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/68539142/connor-v-maryland-department-of-health/

Last updated Nov. 10, 2025, 5:07 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Maryland Department of Health, Secretary Laura Herrera Scott ( Filing fee $ 405 receipt number AMDDC-11264485.), filed by Richard Hollman, Alex Noonan, Michael Nevin, Irene Connor, Herman Dressel, Eleanor Hollman. (Attachments: # 1 Civil Cover Sheet, # 2 Summons - Maryland Department of Health, # 3 Summons - Secretary Laura Herrera Scott)(Gardner, Debra) (Entered: 05/15/2024)

1 Civil Cover Sheet

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2 Summons - Maryland Department of Health

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3 Summons - Secretary Laura Herrera Scott

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May 15, 2024

May 15, 2024

Clearinghouse
2

MOTION to Seal (PLAINTIFFS' MOTION TO FILE UNDER SEAL AND PROCEED UNDER PSEUDONYMS) by Irene Connor, Herman Dressel, Eleanor Hollman, Richard Hollman, Michael Nevin, Alex Noonan (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Gardner, Debra) (Entered: 05/15/2024)

May 15, 2024

May 15, 2024

3

-SEALED - NOTICE of Filing Under Seal - Sealed Complaint by Irene Connor, Herman Dressel, Eleanor Hollman, Richard Hollman, Michael Nevin, Alex Noonan re 1 Complaint, (Attachments: # 1 Sealed Complaint)(Gardner, Debra) (Entered: 05/15/2024)

May 15, 2024

May 15, 2024

4

MOTION to Appear Pro Hac Vice for Sheila Boston (Filing fee $100, receipt number AMDDC-11264533.) by Irene Connor, Herman Dressel, Eleanor Hollman, Richard Hollman, Michael Nevin, Alex Noonan(Gardner, Debra) (Entered: 05/15/2024)

May 15, 2024

May 15, 2024

5

MOTION to Appear Pro Hac Vice for Samuel Lonergan (Filing fee $100, receipt number AMDDC-11264542.) by Irene Connor, Herman Dressel, Eleanor Hollman, Richard Hollman, Michael Nevin, Alex Noonan(Gardner, Debra) (Entered: 05/15/2024)

May 15, 2024

May 15, 2024

6

MOTION to Appear Pro Hac Vice for Robert Grass (Filing fee $100, receipt number AMDDC-11264548.) by Irene Connor, Herman Dressel, Eleanor Hollman, Richard Hollman, Michael Nevin, Alex Noonan(Gardner, Debra) (Entered: 05/15/2024)

May 15, 2024

May 15, 2024

7

MOTION to Appear Pro Hac Vice for Liam McGivern (Filing fee $100, receipt number AMDDC-11264549.) by Irene Connor, Herman Dressel, Eleanor Hollman, Richard Hollman, Michael Nevin, Alex Noonan(Gardner, Debra) (Entered: 05/15/2024)

May 15, 2024

May 15, 2024

8

MOTION to Appear Pro Hac Vice for Regan Bailey (Filing fee $100, receipt number AMDDC-11264550.) by Irene Connor, Herman Dressel, Eleanor Hollman, Richard Hollman, Michael Nevin, Alex Noonan(Gardner, Debra) (Entered: 05/15/2024)

May 15, 2024

May 15, 2024

10

NOTICE of Case Assignment. This case has been assigned to Magistrate Judge Adam B. Abelson. Irene Connor, Herman Dressel, Eleanor Hollman, Richard Hollman, Michael Nevin, Alex Noonan or counsel for Irene Connor, Herman Dressel, Eleanor Hollman, Richard Hollman, Michael Nevin, Alex Noonan are required to review and comply with the Magistrate Judge Direct Assignment Procedures which can be downloaded here. Pursuant to Standing Order 2019-07, which can be downloaded here, counsel has 14 days from the date of this notice to file their consent, or decline to consent to proceed before a U.S. Magistrate Judge which can be downloaded here. To file your consent, go to Civil > Other Filings > Other Documents > 25 Pct Mag - Consent to Proceed Before a Magistrate Judge. To file your declination, go to Civil > Other Filings > Other Documents > 25 Pct Mag - Decline to Proceed Before a Magistrate Judge. Failure to file a consent or declination will result in issuance of an Order to Show Cause. Please review the case management order that has been issued in this case. Magistrate Election Form due by 5/30/2024. (ols, Deputy Clerk) (Entered: 05/16/2024)

May 16, 2024

May 16, 2024

11

Magistrate Judge Direct Assignment Order. Signed by Magistrate Judge Adam B. Abelson on 5/16/2024. (ols, Deputy Clerk) (Entered: 05/16/2024)

May 16, 2024

May 16, 2024

12

PAPERLESS ORDER granting 4 Motion to Appear Pro Hac Vice on behalf of Sheila Boston. Directing attorney Sheila Boston to register for pro hac vice filing in the District of Maryland through PACER at https://pacer.uscourts.gov/ if attorney has not already done so. The Pro Hac Vice option must be selected when registering. Signed by Clerk on 5/16/2024. (mh4s, Deputy Clerk) (Entered: 05/16/2024)

May 16, 2024

May 16, 2024

13

PAPERLESS ORDER granting 5 Motion to Appear Pro Hac Vice on behalf of Samuel Lonergan. Directing attorney Samuel Lonergan to register for pro hac vice filing in the District of Maryland through PACER at https://pacer.uscourts.gov/ if attorney has not already done so. The Pro Hac Vice option must be selected when registering. Signed by Clerk on 5/16/2024. (mh4s, Deputy Clerk) (Entered: 05/16/2024)

May 16, 2024

May 16, 2024

14

PAPERLESS ORDER granting 6 Motion to Appear Pro Hac Vice on behalf of Robert Grass. Directing attorney Robert Grass to register for pro hac vice filing in the District of Maryland through PACER at https://pacer.uscourts.gov/ if attorney has not already done so. The Pro Hac Vice option must be selected when registering. Signed by Clerk on 5/16/2024. (mh4s, Deputy Clerk) (Entered: 05/16/2024)

May 16, 2024

May 16, 2024

15

PAPERLESS ORDER granting 7 Motion to Appear Pro Hac Vice on behalf of Liam McGivern. Directing attorney Liam McGivern to register for pro hac vice filing in the District of Maryland through PACER at https://pacer.uscourts.gov/ if attorney has not already done so. The Pro Hac Vice option must be selected when registering. Signed by Clerk on 5/16/2024. (mh4s, Deputy Clerk) (Entered: 05/16/2024)

May 16, 2024

May 16, 2024

9

Summons Issued 21 days as to Maryland Department of Health, Laura Herrera Scott. (ols, Deputy Clerk) (Entered: 05/16/2024)

May 16, 2024

May 16, 2024

16

PAPERLESS ORDER granting 8 Motion to Appear Pro Hac Vice on behalf of Regan Bailey. Directing attorney Regan Bailey to register for pro hac vice filing in the District of Maryland through PACER at https://pacer.uscourts.gov/ if attorney has not already done so. The Pro Hac Vice option must be selected when registering. Signed by Clerk on 5/17/2024. (mh4s, Deputy Clerk) (Entered: 05/17/2024)

May 17, 2024

May 17, 2024

17

Consent/Decline to Proceed Before a US Magistrate Judge. (Entered: 05/21/2024)

May 21, 2024

May 21, 2024

18

SUMMONS Returned Executed by Richard Hollman, Alex Noonan, Michael Nevin, Irene Connor, Herman Dressel, Eleanor Hollman. Maryland Department of Health served on 5/21/2024, answer due 6/11/2024.(Gardner, Debra) (Entered: 05/30/2024)

May 30, 2024

May 30, 2024

19

SUMMONS Returned Executed by Richard Hollman, Alex Noonan, Michael Nevin, Irene Connor, Herman Dressel, Eleanor Hollman. Laura Herrera Scott served on 5/21/2024, answer due 6/11/2024.(Gardner, Debra) (Entered: 05/30/2024)

May 30, 2024

May 30, 2024

20

SUMMONS Returned Executed by Richard Hollman, Alex Noonan, Michael Nevin, Irene Connor, Herman Dressel, Eleanor Hollman. (Gardner, Debra) (Entered: 05/30/2024)

May 30, 2024

May 30, 2024

21

Consent MOTION for Extension of Time to File Response/Reply as to 1 Complaint, by Maryland Department of Health (Attachments: # 1 Text of Proposed Order Proposed Order)(Gray, Brandy) (Entered: 06/03/2024)

June 3, 2024

June 3, 2024

22

NOTICE of Case Assignment. This case has been assigned to Magistrate Judge Adam B. Abelson. Maryland Department of Health, Laura Herrera Scott or counsel for Maryland Department of Health, Laura Herrera Scott are required to review and comply with the Magistrate Judge Direct Assignment Procedures which can be downloaded here. Pursuant to Standing Order 2019-07, which can be downloaded here, counsel has 14 days from the date of this notice to file their consent, or decline to consent to proceed before a U.S. Magistrate Judge which can be downloaded here. To file your consent, go to Civil > Other Filings > Other Documents > 25 Pct Mag - Consent to Proceed Before a Magistrate Judge. To file your declination, go to Civil > Other Filings > Other Documents > 25 Pct Mag - Decline to Proceed Before a Magistrate Judge. Failure to file a consent or declination will result in issuance of an Order to Show Cause. Please review the case management order that has been issued in this case. Magistrate Election Form due by 6/17/2024. (ols, Deputy Clerk) (Entered: 06/03/2024)

June 3, 2024

June 3, 2024

23

ORDER granting 21 Defendants' Consent Motion for Extension of Time to File Response as to 1 Complaint; Defendants' answer due 7/22/2024. Signed by Magistrate Judge Adam B. Abelson on 6/3/2024. (ols, Deputy Clerk) (Entered: 06/03/2024)

June 3, 2024

June 3, 2024

24

RESPONSE in Opposition re 2 MOTION to Seal (PLAINTIFFS' MOTION TO FILE UNDER SEAL AND PROCEED UNDER PSEUDONYMS) filed by Maryland Department of Health. (Attachments: # 1 Text of Proposed Order, # 2 Memorandum in Support, # 3 Text of Proposed Order)(Gray, Brandy) (Entered: 06/06/2024)

June 6, 2024

June 6, 2024

25

Correspondence re: withdrawal of motion (Gray, Brandy) (Entered: 06/14/2024)

June 14, 2024

June 14, 2024

26

Consent MOTION for Extension of Time by Maryland Department of Health (Attachments: # 1 Text of Proposed Order Proposed Order)(Gray, Brandy) (Entered: 06/18/2024)

June 18, 2024

June 18, 2024

27

ORDER directing Maryland Department of Health and Laura Herrera Scott to show cause for failure to comply with Standing Order 2019-07. Show Cause Hearing set for 7/26/2024 02:00 PM in (proceed to the Clerk's Office to determine the location of the hearing) before the Chambers Judge. This Order shall be vacated if Maryland Department of Health and Laura Herrera Scott files a consent or declination prior to the show cause hearing date. Signed by Magistrate Judge Adam B. Abelson on 6/20/2024. (ols, Deputy Clerk) (Entered: 06/20/2024)

June 20, 2024

June 20, 2024

28

Consent/Decline to Proceed Before a US Magistrate Judge. (Entered: 06/20/2024)

June 20, 2024

June 20, 2024

29

PAPERLESS ORDER CANCELLING Show Cause Hearing re: 27 Order to Show Cause. Signed by Magistrate Judge Adam B. Abelson on 6/20/2024. (ols, Deputy Clerk) (Entered: 06/20/2024)

June 20, 2024

June 20, 2024

30

PAPERLESS ORDER: Defendants' Consent Motion for an Extension (ECF 26) is DENIED AS MOOT. Signed by United States District Judge Matthew J. Maddox. (sj2s, Chambers) (Entered: 06/20/2024)

June 20, 2024

June 20, 2024

Case Assigned/Reassigned

June 20, 2024

June 20, 2024

Case Reassigned to District Judge Matthew J. Maddox. Magistrate Judge Adam B. Abelson no longer assigned to the case. (jf3s, Deputy Clerk)

June 20, 2024

June 20, 2024

31

MOTION to Appear Pro Hac Vice for Carol A. Wong (Filing fee $100, receipt number AMDDC-11383291.) by Irene Connor, Herman Dressel, Eleanor Hollman, Richard Hollman, Michael Nevin, Alex Noonan(Gardner, Debra) (Entered: 07/19/2024)

July 19, 2024

July 19, 2024

32

MOTION to Certify Class by Irene Connor, Herman Dressel, Eleanor Hollman, Richard Hollman, Michael Nevin, Alex Noonan (Attachments: # 1 Text of Proposed Order, # 2 Memorandum in Support, # 3 Exhibit 1 [Redacted], # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Exhibit 7, # 10 Exhibit 8, # 11 Exhibit 9, # 12 Exhibit 10, # 13 Exhibit 11, # 14 Exhibit 12, # 15 Exhibit 13, # 16 Exhibit 14, # 17 Exhibit 15 [Redacted], # 18 Exhibit 16 [Redacted], # 19 Exhibit 17 [Redacted], # 20 Exhibit 18 [Redacted], # 21 Exhibit 19 [Redacted], # 22 Exhibit 20 [Redacted], # 23 Exhibit 21 [Redacted], # 24 Exhibit 22 [Redacted], # 25 Exhibit 23 [Redacted], # 26 Exhibit 24 [Redacted], # 27 Exhibit 25 [Redacted])(Gardner, Debra) (Entered: 07/19/2024)

1 Text of Proposed Order

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2 Memorandum in Support

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3 Exhibit 1 [Redacted]

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4 Exhibit 2

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5 Exhibit 3

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6 Exhibit 4

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7 Exhibit 5

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8 Exhibit 6

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9 Exhibit 7

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10 Exhibit 8

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11 Exhibit 9

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12 Exhibit 10

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13 Exhibit 11

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14 Exhibit 12

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15 Exhibit 13

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16 Exhibit 14

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17 Exhibit 15 [Redacted]

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18 Exhibit 16 [Redacted]

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19 Exhibit 17 [Redacted]

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20 Exhibit 18 [Redacted]

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21 Exhibit 19 [Redacted]

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22 Exhibit 20 [Redacted]

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23 Exhibit 21 [Redacted]

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24 Exhibit 22 [Redacted]

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25 Exhibit 23 [Redacted]

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26 Exhibit 24 [Redacted]

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27 Exhibit 25 [Redacted]

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July 19, 2024

July 19, 2024

RECAP
33

-SEALED - NOTICE of Filing Under Seal Exhibit 1 by Irene Connor, Herman Dressel, Eleanor Hollman, Richard Hollman, Michael Nevin, Alex Noonan re 32 MOTION to Certify Class (Attachments: # 1 Exhibit 15, # 2 Exhibit 16, # 3 Exhibit 17, # 4 Exhibit 18, # 5 Exhibit 19, # 6 Exhibit 20, # 7 Exhibit 21, # 8 Exhibit 22, # 9 Exhibit 23, # 10 Exhibit 24, # 11 Exhibit 25)(Gardner, Debra) (Entered: 07/19/2024)

July 19, 2024

July 19, 2024

34

MOTION to Seal [dkt] 33 by Irene Connor, Herman Dressel, Eleanor Hollman, Richard Hollman, Michael Nevin, Alex Noonan (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Gardner, Debra) (Entered: 07/20/2024)

July 19, 2024

July 19, 2024

35

PAPERLESS ORDER granting 31 Motion to Appear Pro Hac Vice on behalf of Carol A. Wong. Directing attorney Carol A. Wong to register for pro hac vice filing in the District of Maryland through PACER at https://pacer.uscourts.gov/ if attorney has not already done so. The Pro Hac Vice option must be selected when registering. Signed by Clerk on 7/22/2024. (mh4s, Deputy Clerk) (Entered: 07/22/2024)

July 22, 2024

July 22, 2024

36

MOTION to Dismiss for Failure to State a Claim, MOTION to Dismiss for Lack of Jurisdiction by Maryland Department of Health, Laura Herrera Scott (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Lugo Clark, Nicole) (Entered: 07/22/2024)

July 22, 2024

July 22, 2024

37

Joint MOTION for Extension of Time to File Response/Reply as to 32 MOTION to Certify Class, 36 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction by Maryland Department of Health. (Attachments: # 1 Text of Proposed Order)(Gray, Brandy) (Entered: 07/29/2024)

July 29, 2024

July 29, 2024

38

ORDER granting 37 Joint Consent Motion for Extensions. Signed by District Judge Matthew J. Maddox on 8/1/2024. (ols, Deputy Clerk) (Entered: 08/01/2024)

Aug. 1, 2024

Aug. 1, 2024

39

NOTICE of Appearance by Ashley J Woolard on behalf of All Plaintiffs (Woolard, Ashley) (Entered: 09/05/2024)

Sept. 5, 2024

Sept. 5, 2024

40

NOTICE of Appearance by Sam Williamson on behalf of All Plaintiffs (Williamson, Sam) (Entered: 09/05/2024)

Sept. 5, 2024

Sept. 5, 2024

41

NOTICE of Appearance by David Efrem Wagner on behalf of All Defendants (Wagner, David) (Entered: 09/06/2024)

Sept. 6, 2024

Sept. 6, 2024

42

RESPONSE in Opposition re 32 MOTION to Certify Class filed by Maryland Department of Health. (Attachments: # 1 Memorandum in Support Defendants' Memorandum in Support of their Opposition to Plaintiffs' Motion for Class Certification, # 2 Text of Proposed Order Proposed Order, # 3 Affidavit Declaration of Heather Reed, # 4 Exhibit Exhibit 2, # 5 Exhibit Exhibit 3, # 6 Exhibit Exhibit 4)(Gray, Brandy) (Entered: 09/06/2024)

1 Memorandum in Support Defendants' Memorandum in Support of their Opposition

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2 Text of Proposed Order Proposed Order

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3 Affidavit Declaration of Heather Reed

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4 Exhibit Exhibit 2

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5 Exhibit Exhibit 3

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6 Exhibit Exhibit 4

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Sept. 6, 2024

Sept. 6, 2024

43

-FILED IN ERROR- Memorandum re 36 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction [PLAINTIFFS MEMORANDUM OF LAW IN OPPOSITION TO DEFENDANTS MOTION TO DISMISS] filed by Irene Connor, Herman Dressel, Eleanor Hollman, Richard Hollman, Michael Nevin, Alex Noonan. (Attachments: # 1 Text of Proposed Order)(Gardner, Debra) Modified on 9/9/2024 (ols, Deputy Clerk). (Entered: 09/06/2024)

Sept. 6, 2024

Sept. 6, 2024

44

QC NOTICE: 43 Memorandum, filed by Irene Connor, Alex Noonan, Richard Hollman, Herman Dressel, Eleanor Hollman, Michael Nevin was filed incorrectly. **Incorrect event used. Please refile using Responses and Replies > Response in Opposition to Motion. It has been noted as FILED IN ERROR, and the document link has been disabled. (ols, Deputy Clerk) (Entered: 09/09/2024)

Sept. 9, 2024

Sept. 9, 2024

45

RESPONSE in Opposition re 36 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction filed by Irene Connor, Herman Dressel, Eleanor Hollman, Richard Hollman, Michael Nevin, Alex Noonan. (Attachments: # 1 Text of Proposed Order)(Gardner, Debra) (Entered: 09/09/2024)

Sept. 9, 2024

Sept. 9, 2024

46

MOTION for Leave to File Amicus Curiae Brief of Toby S. Edelman in Support of Plaintiffs' Opposition to Defendants' Motion to Dismiss by Toby S. Edelman (Attachments: # 1 Exhibit, # 2 Text of Proposed Order)(May, Anthony) (Entered: 09/12/2024)

Sept. 12, 2024

Sept. 12, 2024

47

Joint MOTION for Extension of Time to File Response/Reply on Motion to Dismiss and Motion for Class Certification by Irene Connor, Herman Dressel, Eleanor Hollman, Richard Hollman, Michael Nevin, Alex Noonan. (Attachments: # 1 Text of Proposed Order)(Gardner, Debra) (Entered: 09/12/2024)

Sept. 12, 2024

Sept. 12, 2024

48

ORDER granting 47 the Parties' Joint Consent Motion for Extensions. Signed by District Judge Matthew J. Maddox on 9/18/2024. (ols, Deputy Clerk) (Entered: 09/18/2024)

Sept. 18, 2024

Sept. 18, 2024

49

RESPONSE in Opposition re 46 MOTION for Leave to File Amicus Curiae Brief of Toby S. Edelman in Support of Plaintiffs' Opposition to Defendants' Motion to Dismiss filed by Maryland Department of Health. (Attachments: # 1 Text of Proposed Order)(Gray, Brandy) (Entered: 09/24/2024)

Sept. 24, 2024

Sept. 24, 2024

50

REPLY to Response to Motion re 32 MOTION to Certify Class filed by Irene Connor, Herman Dressel, Eleanor Hollman, Richard Hollman, Michael Nevin, Alex Noonan. (Attachments: # 1 Exhibit A to Reply Brief)(Gardner, Debra) (Entered: 10/04/2024)

Oct. 4, 2024

Oct. 4, 2024

51

AFFIDAVIT re 50 Reply to Response to Motion [DECLARATION OF LIAM JOSEPH MCGIVERN] by Irene Connor, Herman Dressel, Eleanor Hollman, Richard Hollman, Michael Nevin, Alex Noonan (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)(Gardner, Debra) (Entered: 10/04/2024)

Oct. 4, 2024

Oct. 4, 2024

52

REPLY to Response to Motion re 36 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction filed by Maryland Department of Health. (Attachments: # 1 Text of Proposed Order, # 2 Memorandum in Support)(Gray, Brandy) (Entered: 10/04/2024)

Oct. 4, 2024

Oct. 4, 2024

53

REPLY to Response to Motion re 46 MOTION for Leave to File Amicus Curiae Brief of Toby S. Edelman in Support of Plaintiffs' Opposition to Defendants' Motion to Dismiss filed by Toby S. Edelman.(May, Anthony) (Entered: 10/09/2024)

Oct. 9, 2024

Oct. 9, 2024

54

Joint Correspondence re: Oral Argument (Gardner, Debra) (Entered: 10/22/2024)

Oct. 22, 2024

Oct. 22, 2024

55

MOTION to Withdraw as Attorney by Maryland Department of Health, Laura Herrera Scott (Attachments: # 1 Text of Proposed Order)(Gray, Brandy) (Entered: 11/06/2024)

Nov. 6, 2024

Nov. 6, 2024

56

PAPERLESS ORDER: The Consent Motion for Extension docketed at ECF 26 is DENIED AS MOOT. Signed by United States District Judge Matthew J. Maddox. (sj2s, Chambers) (Entered: 03/31/2025)

March 31, 2025

March 31, 2025

57

ORDER granting 2 Plaintiffs' Motion for Leave to File Under Seal and Proceed Under Pseudonym. Signed by Judge Matthew J. Maddox on 3/31/2025. (ols, Deputy Clerk) (Entered: 04/01/2025)

March 31, 2025

March 31, 2025

58

ORDER granting 34 Plaintiffs' Motion to File Under Seal. Signed by Judge Matthew J. Maddox on 3/31/2025. (ols, Deputy Clerk) (Entered: 04/01/2025)

March 31, 2025

March 31, 2025

59

ORDER granting 46 Toby S. Edelman's Motion for Leave to File Amicus Curiae. Signed by Judge Matthew J. Maddox on 3/31/2025. (ols, Deputy Clerk) (Entered: 04/01/2025)

March 31, 2025

March 31, 2025

60

BRIEF of Amicus Curiae re 36 Defendants' Motion to Dismiss for Failure to State a Claim filed by Toby S. Edelman. (ols, Deputy Clerk) (Entered: 04/01/2025)

March 31, 2025

March 31, 2025

RECAP
61

ORDER granting 55 Defendants' Motion to Withdraw as Attorney. Attorney Brandy Jessica Gray terminated. Signed by Judge Matthew J. Maddox on 3/31/2025. (ols, Deputy Clerk) (Entered: 04/01/2025)

March 31, 2025

March 31, 2025

62

MEMORANDUM OPINION. Signed by Judge Matthew J. Maddox on 4/22/2025. (ols, Deputy Clerk)

April 22, 2025

April 22, 2025

Clearinghouse
63

ORDER granting 32 Plaintiffs' Motion to Certify Class; denying 36 Defendants' Motion to Dismiss for Lack of Subject Matter Jurisdiction and Failure to State a Claim; appointing class representatives and class counsel. Signed by Judge Matthew J. Maddox on 4/22/2025. (ols, Deputy Clerk) (Entered: 04/22/2025)

April 22, 2025

April 22, 2025

Clearinghouse
64

SUGGESTION OF DEATH Upon the Record as to HERMAN DRESSEL by Irene Connor, Herman Dressel, Eleanor Hollman, Richard Hollman, Michael Nevin, Alex Noonan(Gardner, Debra) (Entered: 05/02/2025)

May 2, 2025

May 2, 2025

Clearinghouse
65

NOTICE by Irene Connor, Herman Dressel, Eleanor Hollman, Richard Hollman, Michael Nevin, Alex Noonan re 64 Suggestion of Death [NOTICE OF FILING OF DOCUMENT UNDER SEAL] (Gardner, Debra) (Entered: 05/02/2025)

May 2, 2025

May 2, 2025

66

-FILED IN ERROR- UNREDACTED DOCUMENT (Gardner, Debra) Modified on 5/5/2025 (ols). (Entered: 05/02/2025)

May 2, 2025

May 2, 2025

67

QC NOTICE: 66 Unredacted Document filed by Irene Connor, Alex Noonan, Richard Hollman, Herman Dressel, Eleanor Hollman, Michael Nevin was filed incorrectly. **Incorrect event used. Please refile the sealed document using Other Documents > Sealed Document. It has been noted as FILED IN ERROR, and the document link has been disabled. (ols, Deputy Clerk) Modified on 5/5/2025 (ols). (Entered: 05/05/2025)

May 5, 2025

May 5, 2025

68

Sealed Document(Gardner, Debra) (Entered: 05/05/2025)

May 5, 2025

May 5, 2025

69

MOTION for Extension of Time to File Answer by Maryland Department of Health (Attachments: # 1 Text of Proposed Order)(Glenn, Bambi) (Entered: 05/21/2025)

May 21, 2025

May 21, 2025

70

ORDER granting 69 Maryland Department of Health's Consent Motion for Extension of Time to Answer re 1 Complaint; Maryland Department of Health answer due 5/28/2025. Signed by Judge Matthew J. Maddox on 5/27/2025. (ols, Deputy Clerk) (Entered: 05/27/2025)

May 27, 2025

May 27, 2025

71

ANSWER to 1 Complaint, by Maryland Department of Health.(Glenn, Bambi) (Entered: 05/28/2025)

May 28, 2025

May 28, 2025

72

ANSWER to 1 Complaint, by Laura Herrera Scott.(Glenn, Bambi) (Entered: 05/28/2025)

May 28, 2025

May 28, 2025

73

Joint MOTION to Stay Litigation and Request for Referral for Settlement Mediaton by Irene Connor, Eleanor Hollman, Richard Hollman, Michael Nevin, Alex Noonan (Attachments: # 1 Text of Proposed Order)(Gardner, Debra) (Entered: 06/05/2025)

June 5, 2025

June 5, 2025

74

ORDER REFERRING CASE to Magistrate Judge Charles D. Austin for Settlement. Signed by Judge Matthew J. Maddox on 6/9/2025. (hmls, Deputy Clerk) (Entered: 06/09/2025)

June 9, 2025

June 9, 2025

RECAP
75

ORDER granting 73 the Joint Motion to Stay Litigation and Request for Referral for Settlement Mediation. Signed by Judge Matthew J. Maddox on 6/11/2025. (ols, Deputy Clerk) (Entered: 06/11/2025)

June 11, 2025

June 11, 2025

76

ORDER Scheduling Settlement Conference on 11/14/2025 at 10:00 AM. Signed by Magistrate Judge Charles D. Austin on 6/12/2025. (ols, Deputy Clerk) (Entered: 06/12/2025)

June 12, 2025

June 12, 2025

77

Joint MOTION to Stay Litigation by Irene Connor, Eleanor Hollman, Richard Hollman, Michael Nevin, Alex Noonan (Attachments: # 1 Text of Proposed Order)(Williamson, Sam) (Entered: 06/26/2025)

June 26, 2025

June 26, 2025

78

ORDER granting 77 Joint Motion to Extend Stay of Litigation. Signed by Judge Matthew J. Maddox on 6/26/2025. (ols, Deputy Clerk) (Entered: 06/27/2025)

June 26, 2025

June 26, 2025

79

Joint MOTION for Extension of Time Stay Litigation by Irene Connor, Herman Dressel, Eleanor Hollman, Richard Hollman, Michael Nevin, Alex Noonan(Gardner, Debra) (Entered: 09/12/2025)

Sept. 12, 2025

Sept. 12, 2025

80

QC NOTICE: 79 Motion for Extension of Time filed by Irene Connor, Alex Noonan, Richard Hollman, Herman Dressel, Eleanor Hollman, Michael Nevin was filed incompletely. **The following attachments or exhibits are missing - Proposed Order. To correct this problem, file Proposed Order using the event Notice (Other) and link Proposed Order to 79 . (bg3s, Deputy Clerk) (Entered: 09/12/2025)

Sept. 12, 2025

Sept. 12, 2025

81

NOTICE by Irene Connor, Herman Dressel, Eleanor Hollman, Richard Hollman, Michael Nevin, Alex Noonan re 79 Joint MOTION for Extension of Time Stay Litigation (Proposed Order) (Gardner, Debra) (Entered: 09/12/2025)

Sept. 12, 2025

Sept. 12, 2025

82

ORDER Granting 79 Motion for Extension of Time. Signed by Judge Matthew J. Maddox on 9/16/2025. (bas, Deputy Clerk) (Entered: 09/16/2025)

Sept. 16, 2025

Sept. 16, 2025

Case Details

State / Territory:

Maryland

Case Type(s):

Nursing Home Conditions

Disability Rights

Key Dates

Filing Date: May 15, 2024

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

A putative class of people with mobility-related disabilities in nursing facilities that operate under the oversight authority of the Maryland Department of Health.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Public Justice

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Maryland Department of Health, State

Defendant Type(s):

Hospital/Health Department

Jurisdiction-wide

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

Other Dockets:

District of Maryland 1:24-cv-01423

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Granted:

None yet

Source of Relief:

None yet

Issues

Disability and Disability Rights:

Mobility impairment

Discrimination Basis:

Disability (inc. reasonable accommodations)