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/


Documents in the Clearinghouse

Documents in this case
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 July 28, 2026, 7:23 p.m.

Docket for: Connor v. Maryland Department of Health
ECF Number Date Description Link
1 May 15, 2024

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

View on PACER

2 Summons - Maryland Department of Health

View on PACER

3 Summons - Secretary Laura Herrera Scott

View on PACER

Clearinghouse
2 May 15, 2024

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)

RECAP
3 May 15, 2024

-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)

RECAP
4 May 15, 2024

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)

RECAP
5 May 15, 2024

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)

RECAP
6 May 15, 2024

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)

RECAP
7 May 15, 2024

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)

RECAP
8 May 15, 2024

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)

RECAP
9 May 16, 2024

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

RECAP
10 May 16, 2024

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)

RECAP
11 May 16, 2024

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

RECAP
12 May 16, 2024

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)

RECAP
13 May 16, 2024

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)

RECAP
14 May 16, 2024

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)

RECAP
15 May 16, 2024

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)

RECAP
16 May 17, 2024

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)

RECAP
17 May 21, 2024

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

RECAP
18 May 30, 2024

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)

RECAP
19 May 30, 2024

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)

RECAP
20 May 30, 2024

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

RECAP
21 June 3, 2024

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)

RECAP
22 June 3, 2024

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)

RECAP
23 June 3, 2024

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)

RECAP
24 June 6, 2024

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)

RECAP
25 June 14, 2024

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

RECAP
26 June 18, 2024

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)

RECAP
27 June 20, 2024

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)

RECAP
28 June 20, 2024

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

RECAP
29 June 20, 2024

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)

RECAP
30 June 20, 2024

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)

RECAP
June 20, 2024

Case Assigned/Reassigned

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)

31 July 19, 2024

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)

RECAP
32 July 19, 2024

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

View on PACER

2 Memorandum in Support

View on RECAP

3 Exhibit 1 [Redacted]

View on PACER

4 Exhibit 2

View on PACER

5 Exhibit 3

View on PACER

6 Exhibit 4

View on PACER

7 Exhibit 5

View on PACER

8 Exhibit 6

View on PACER

9 Exhibit 7

View on PACER

10 Exhibit 8

View on PACER

11 Exhibit 9

View on PACER

12 Exhibit 10

View on PACER

13 Exhibit 11

View on PACER

14 Exhibit 12

View on PACER

15 Exhibit 13

View on PACER

16 Exhibit 14

View on PACER

17 Exhibit 15 [Redacted]

View on PACER

18 Exhibit 16 [Redacted]

View on PACER

19 Exhibit 17 [Redacted]

View on PACER

20 Exhibit 18 [Redacted]

View on PACER

21 Exhibit 19 [Redacted]

View on PACER

22 Exhibit 20 [Redacted]

View on PACER

23 Exhibit 21 [Redacted]

View on PACER

24 Exhibit 22 [Redacted]

View on PACER

25 Exhibit 23 [Redacted]

View on PACER

26 Exhibit 24 [Redacted]

View on PACER

27 Exhibit 25 [Redacted]

View on PACER

RECAP
33 July 19, 2024

-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)

RECAP
34 July 19, 2024

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)

RECAP
35 July 22, 2024

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)

RECAP
36 July 22, 2024

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)

RECAP
37 July 29, 2024

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)

RECAP
38 Aug. 1, 2024

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)

RECAP
39 Sept. 5, 2024

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

RECAP
40 Sept. 5, 2024

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

RECAP
41 Sept. 6, 2024

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

RECAP
42 Sept. 6, 2024

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

View on RECAP

2 Text of Proposed Order Proposed Order

View on PACER

3 Affidavit Declaration of Heather Reed

View on PACER

4 Exhibit Exhibit 2

View on PACER

5 Exhibit Exhibit 3

View on PACER

6 Exhibit Exhibit 4

View on PACER

RECAP
43 Sept. 6, 2024

-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)

RECAP
44 Sept. 9, 2024

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)

RECAP
45 Sept. 9, 2024

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)

RECAP
46 Sept. 12, 2024

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)

RECAP
47 Sept. 12, 2024

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)

RECAP
48 Sept. 18, 2024

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)

RECAP
49 Sept. 24, 2024

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)

RECAP
50 Oct. 4, 2024

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)

RECAP
51 Oct. 4, 2024

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)

RECAP
52 Oct. 4, 2024

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)

RECAP
53 Oct. 9, 2024

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)

RECAP
54 Oct. 22, 2024

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

RECAP
55 Nov. 6, 2024

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)

RECAP
56 March 31, 2025

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)

RECAP
57 March 31, 2025

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)

RECAP
58 March 31, 2025

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)

RECAP
59 March 31, 2025

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)

RECAP
60 March 31, 2025

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)

RECAP
61 March 31, 2025

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)

RECAP
62 April 22, 2025

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

Clearinghouse
63 April 22, 2025

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)

Clearinghouse
64 May 2, 2025

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)

Clearinghouse
65 May 2, 2025

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)

RECAP
66 May 2, 2025

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

RECAP
67 May 5, 2025

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)

RECAP
68 May 5, 2025

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

RECAP
69 May 21, 2025

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)

RECAP
70 May 27, 2025

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)

RECAP
71 May 28, 2025

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

RECAP
72 May 28, 2025

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

RECAP
73 June 5, 2025

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)

RECAP
74 June 9, 2025

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)

RECAP
75 June 11, 2025

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)

RECAP
76 June 12, 2025

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)

RECAP
77 June 26, 2025

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)

RECAP
78 June 26, 2025

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)

RECAP
79 Sept. 12, 2025

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)

RECAP
80 Sept. 12, 2025

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)

RECAP
81 Sept. 12, 2025

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)

RECAP
82 Sept. 16, 2025

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)

RECAP
83 Oct. 30, 2025

Correspondence re: Plaintiffs' Participation in Mediation (Gardner, Debra) (Entered: 10/30/2025)

RECAP
84 Oct. 30, 2025

PAPERLESS ORDER: excusing plaintiffs from appearing in person at the upcoming settlement conference and directing counsel to ensure the plaintiffs availability by telephone during the settlement conference. Signed by Magistrate Judge Charles D. Austin on 10/30/2025. (cw5, Chambers) (Entered: 10/30/2025)

RECAP
85 Nov. 10, 2025

Consent MOTION to Remove Class Representative by Irene Connor, Eleanor Hollman, Richard Hollman, Michael Nevin, Alex Noonan (Attachments: # 1 Text of Proposed Order, # 2 Notice of Filing of Document Under Seal - Consent Motion to Remove Alex Noonan as Class Representative)(Williamson, Sam) (Entered: 11/10/2025)

RECAP
86 Nov. 10, 2025

-SEALED - NOTICE of Filing Under Seal Consent Motion to Remove Alex Noonan as Class Representative by Irene Connor, Eleanor Hollman, Richard Hollman, Michael Nevin, Alex Noonan re 57 Order on Motion to Seal (Williamson, Sam) (Entered: 11/10/2025)

RECAP
Nov. 14, 2025

Settlement Conference held on 11/14/2025 before Magistrate Judge Charles D. Austin. (jks, Deputy Clerk)

87 Nov. 18, 2025

PAPERLESS ORDER: Upon request of the parties, a virtual settlement conference is scheduled for Wednesday, January 7, 2026 starting at 10 a.m. The deadline for Supplemental ex parte letters, which shall not exceed five pages in length, and related materials is Wednesday, December 24, 2025. Signed by Magistrate Judge Charles D. Austin on 11/18/2025. (cw5, Chambers) (Entered: 11/18/2025)

RECAP
88 Nov. 20, 2025

ORDER granting 85 Plaintiffs' Consent Motion to Remove Alex Noonan as Class Representative. Signed by Judge Matthew J. Maddox on 11/20/2025. (ols, Deputy Clerk) (Entered: 11/20/2025)

RECAP
89 Dec. 4, 2025

Joint MOTION to Stay for Settlement Mediation by Maryland Department of Health, Meena Seshaman (Attachments: # 1 Text of Proposed Order Proposed Order)(Lugo Clark, Nicole) (Entered: 12/04/2025)

1 Text of Proposed Order Proposed Order

View on PACER

RECAP
90 Dec. 6, 2025

ORDER granting 89 the Joint Motion to Extend Litigation Stay for Settlement Mediation. Signed by Judge Matthew J. Maddox on 12/6/2025. (ols, Deputy Clerk) (Entered: 12/08/2025)

RECAP
Jan. 7, 2026

Settlement Conference held on 1/7/2026 before Magistrate Judge Charles D. Austin. (cb5s, Deputy Clerk)

91 Feb. 12, 2026

PAPERLESS ORDER: Upon request of the parties, a virtual settlement conference is scheduled for Monday, April 13, 2026 starting at 10 a.m. The deadline for Supplemental ex parte letters, which shall not exceed five pages in length, and related materials is Tuesday, March 31, 2026. Signed by Magistrate Judge Charles D. Austin on 2/12/2026. (cw5, Chambers) (Entered: 02/12/2026)

RECAP
92 Feb. 17, 2026

Joint MOTION to Stay Litigation by Irene Connor, Herman Dressel, Eleanor Hollman, Richard Hollman, Michael Nevin (Attachments: # 1 Text of Proposed Order)(Williamson, Sam) (Entered: 02/17/2026)

1 Text of Proposed Order

View on RECAP

RECAP
93 Feb. 18, 2026

ORDER granting 92 the Parties' Joint Motion to Extend Stay of Litigation. Signed by Judge Matthew J. Maddox on 2/18/2026. (ols, Deputy Clerk) (Entered: 02/19/2026)

RECAP
April 14, 2026

Virtual Settlement Conference held on 4/13/2026 before Magistrate Judge Charles D. Austin. (jks, Deputy Clerk)

94 April 27, 2026

STATUS REPORT [Joint] by Irene Connor, Herman Dressel, Eleanor Hollman, Richard Hollman, Michael Nevin, Alex Noonan(Gardner, Debra) (Entered: 04/27/2026)

RECAP
April 28, 2026

Virtual Settlement Conference held on 4/28/2026 before Magistrate Judge Charles D. Austin. (jks, Deputy Clerk)

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

State

Maryland Department of Health

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)

Recommended Citation