Case: Indiana Protection and Advocacy Services Commission v. Indiana Family and Social Services Administration

Indiana Protection and Advocacy Services Commission v. Indiana Family and Social Services Administration et al.

COMPLAINT for Declaratory and Injunctive Relief against All Defendants, filed by All Plaintiffs. (Filing fee $405, receipt number AINSDC-8168138) (Attachments: # 1 Civil Cover Sheet, # 2 Proposed Summons)(Rose, Gavin) (Entered: 05/17/2024)

NOTICE of Appearance by Gavin Minor Rose on behalf of Plaintiffs INDIANA PROTECTION AND ADVOCACY SERVICES COMMISSION, E. R., G. S.. (Rose, Gavin) (Entered: 05/17/2024)

NOTICE of Appearance by Stevie J. Pactor on behalf of Plaintiffs INDIANA PROTECTION AND ADVOCACY SERVICES COMMISSION, E. R., G. S.. (Pactor, Stevie) (Entered: 05/17/2024)

NOTICE of Appearance by Thomas E. Crishon on behalf of Plaintiffs INDIANA PROTECTION AND ADVOCACY SERVICES COMMISSION, E. R., G. S.. (Crishon, Thomas) (Entered: 05/17/2024)

NOTICE of Appearance by Samuel Mark Adams on behalf of Plaintiffs INDIANA PROTECTION AND ADVOCACY SERVICES COMMISSION, E. R., G. S.. (Adams, Samuel) (Entered: 05/17/2024)

Notice to File Rule 7.1 Disclosure Statement. (RAGS) (LF) (Entered: 05/20/2024)

MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (LF) (Entered: 05/20/2024)

Summons Issued as to DIRECTOR OF THE DIVISION OF DISABILITY AND REHABILITATIVE SERVICES, INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION, SECRETARY OF THE INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION. (LF) (Entered: 05/20/2024)

MOTION for Preliminary Injunction, filed by Plaintiffs INDIANA PROTECTION AND ADVOCACY SERVICES COMMISSION, E. R., G. S.. (Attachments: # 1 Text of Proposed Order)(Rose, Gavin) (Entered: 05/21/2024)

ORDER - This matter is before the Court on Plaintiffs' Motion for Preliminary Injunction (Filing No. 9 ). Parties are to meet with Magistrate Judge Tim A. Baker to discuss a discovery plan, briefing schedule, and to determine a date for the hearing on preliminary injunctive relief, as well as the estimated time required for such hearing. Counsel for Plaintiffs shall serve a copy of this order on Defendants. Signed by Judge Tanya Walton Pratt on 5/21/2024. (JSR) (Entered: 05/21/2024)

NOTICE of Service, filed by Plaintiffs INDIANA PROTECTION AND ADVOCACY SERVICES COMMISSION, E. R., G. S. (Rose, Gavin) (Entered: 05/22/2024)

ORDER SETTING TELEPHONIC STATUS CONFERENCE - This matter is set for a telephonic status conference at 9 a.m. on June 4, 2024, before Magistrate Judge Tim A. Baker. Parties shall appear by counsel. The information needed by counsel of record to participate in this telephonic conference will be provided by separate notification. The purpose of this conference is to address case status, briefing schedule and settlement. Signed by Magistrate Judge Tim A. Baker on 05/23/2024.(AAS) (Entered: 05/23/2024)

MOTION to Open Discovery and Set Prompt Schedule on Preliminary-Injunction Motion, filed by Plaintiffs INDIANA PROTECTION AND ADVOCACY SERVICES COMMISSION, E. R., G. S.. (Attachments: # 1 Text of Proposed Order)(Rose, Gavin) (Entered: 05/28/2024)

ORDER GRANTING PLAINTIFFS' MOTION TO OPEN DISCOVERY AND SET BRIEFING SCHEDULE - granting 13 Plaintiffs Motion to Open Discovery and Set Prompt Briefing Schedule ("Motion"). SEE ORDER. Signed by Magistrate Judge Tim A. Baker on 5/29/2024. (KAA) (Entered: 05/29/2024)

NOTICE of Appearance by Ryan Michael Hurley on behalf of Defendants DIRECTOR OF THE DIVISION OF DISABILITY AND REHABILITATIVE SERVICES, INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION, SECRETARY OF THE INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION. (Hurley, Ryan) (Entered: 06/03/2024)

NOTICE of Appearance by Harmony A. Mappes on behalf of Defendants DIRECTOR OF THE DIVISION OF DISABILITY AND REHABILITATIVE SERVICES, INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION, SECRETARY OF THE INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION. (Mappes, Harmony) (Entered: 06/03/2024)

NOTICE of Appearance by Matthew Richard Elliott on behalf of Defendants DIRECTOR OF THE DIVISION OF DISABILITY AND REHABILITATIVE SERVICES, INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION, SECRETARY OF THE INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION. (Elliott, Matthew) (Entered: 06/03/2024)

NOTICE of Appearance by Melinda Hudson on behalf of Defendants DIRECTOR OF THE DIVISION OF DISABILITY AND REHABILITATIVE SERVICES, INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION, SECRETARY OF THE INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION. (Hudson, Melinda) (Entered: 06/03/2024)

ORDER ON JUNE 4, 2024, TELEPHONIC STATUS CONFERENCE - Parties appeared by counsel June 4, 2024, for a telephonic status conference. Discussion held regarding case status and settlement. The parties agreed to maintain the status quo through September 1, 2024, and shall file an agreed motion to alter the briefing schedule for Plaintiffs' motion for preliminary injunction consistent with this agreement. Signed by Magistrate Judge Tim A. Baker. (MGG) (Entered: 06/04/2024)

Joint MOTION to Amend/Correct 14 Order on Motion (to Amend Briefing Schedule), filed by Plaintiffs INDIANA PROTECTION AND ADVOCACY SERVICES COMMISSION, E. R., G. S.. (Attachments: # 1 Text of Proposed Order)(Rose, Gavin) (Entered: 06/04/2024)

ORDER granting 21 Motion to AMENDING BRIEFING SCHEDULE: IT IS THEREFORE ORDERED that the briefing and discovery schedule previously established (Dkt. 14 ) for the resolution of the plaintiffs' Motion for Preliminary Injunction (Dkt. 9 ) is hereby vacated and is replaced with the following deadlines: SEE ORDER FOR DETAILS -. Signed by Magistrate Judge Tim A. Baker on 6/5/2024. (LF) (Entered: 06/05/2024)

Joint MOTION for Protective Order (Joint Motion for Entry of Stipulated Protective Order), filed by Defendant INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION. (Attachments: # 1 [Proposed] Stipulated Protective Order)(Hurley, Ryan) (Entered: 06/14/2024)

***PLEASE DISREGARD. DOCKETED IN ERROR*** PROTECTIVE ORDER. Signed by Magistrate Judge Mark J. Dinsmore on 06/17/2024.(AAS) Modified on 6/20/2024 (DLW). (Entered: 06/17/2024)

STIPULATED PROTECTIVE ORDER - SO ORDERED AND APPROVED. Signed by Magistrate Judge Tim A. Baker on 6/20/2024.(KAA) (Entered: 06/20/2024)

Unopposed MOTION for Extension of Time to in which to 1 Complaint, filed by Defendants DIRECTOR OF THE DIVISION OF DISABILITY AND REHABILITATIVE SERVICES, INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION, SECRETARY OF THE INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION. (Attachments: # 1 Text of Proposed Order)(Hudson, Melinda) (Entered: 06/20/2024)

ORDER GRANTING UNOPPOSED MOTION FOREXTENSION OF TIME TO RESPOND TO COMPLAINT - The Court having read and reviewed the defendants' Unopposed Motion for Extension of Time to Respond to Complaint and being duly advised, the Court grants the motion. [Filing No. 26 .) IT IS THEREFORE ORDERED that the deadline for the defendants to respond to the Complaint is extended up to and including thirty days after the Court issues its order on the plaintiffs' Motion for Preliminary Injunction (Dkt. 9 ). Signed by Magistrate Judge Tim A. Baker on 06/21/2024. (AJG) (Entered: 06/21/2024)

Submission of Evidence in Support of Preliminary-Injunction Motion, filed by Plaintiffs INDIANA PROTECTION AND ADVOCACY SERVICES COMMISSION, E. R., G. S.. (Attachments: # 1 Exhibit 1 (Dep. of L. Huckleberry), # 2 Exhibit 2 (Dep. of C. Robinson), # 3 Exhibit 3 (Exhs. to Deps. of Huckleberry and Robinson), # 4 Exhibit 4 (Aged and Disabled Waiver Document), # 5 Exhibit 5 (Health and Wellness Waiver Document), # 6 Exhibit 6 (FSSA Announcement of Changes), # 7 Exhibit 7 (Aff. of J. Carter), # 8 Exhibit 8 (Aff. of H. Knight), # 9 Exhibit 9 (Aff. of M. Keyes))(Rose, Gavin) (Entered: 06/28/2024)

**UNSEALED PER DKT. 48** SEALED Exhibit 15 to Deps. of L. Huckleberry and C. Robinson, filed by Plaintiffs INDIANA PROTECTION AND ADVOCACY SERVICES COMMISSION, E. R., G. S.. (Rose, Gavin) Modified on 7/22/2024 (LBT). (Entered: 06/28/2024)

MOTION to Maintain Document Under Seal 29 SEALED Document (Case Participants - doc), filed by Plaintiffs INDIANA PROTECTION AND ADVOCACY SERVICES COMMISSION, E. R., G. S.. (Attachments: # 1 Text of Proposed Order)(Rose, Gavin) (Entered: 06/28/2024)

BRIEF/MEMORANDUM in Support re 9 MOTION for Preliminary Injunction, filed by Plaintiffs INDIANA PROTECTION AND ADVOCACY SERVICES COMMISSION, E. R., G. S.. (Rose, Gavin) (Entered: 06/28/2024)

ORDER granting 30 MOTION to Maintain Document Under Seal 29 SEALED Document. IT IS THEREFORE ORDERED that Exhibit 15 to the depositions of Leslie Huckleberry and Cathy Robinson shall be maintained under seal pending further order of the Court. Signed by Magistrate Judge Tim A. Baker on 7/1/2024. (KAA) (Entered: 07/01/2024)

Unopposed MOTION for Extension of Time to File Response to July 15, 2024 re 9 MOTION for Preliminary Injunction, filed by Defendants DIRECTOR OF THE DIVISION OF DISABILITY AND REHABILITATIVE SERVICES, INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION, SECRETARY OF THE INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION. (Attachments: # 1 Text of Proposed Order)(Hurley, Ryan) (Entered: 07/11/2024)

MOTION for Extension of Time to July 19, 2024 in which to 30 Unopposed MOTION for Extension of Time to File Response to July 15, 2024 re 9 MOTION for Preliminary Injunction, 25 Protective Order, 22 Order on Motion to Amend/Correct, 29 SEALED Document (Case Participants - doc), filed by Defendants DIRECTOR OF THE DIVISION OF DISABILITY AND REHABILITATIVE SERVICES, INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION, SECRETARY OF THE INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION. (Attachments: # 1 Proposed Order Granting Unopposed Motion)(Hudson, Melinda) Modified on 7/12/2024 (LF). (Entered: 07/12/2024)

ORDER granting 33 UNOPPOSED MOTION FOR EXTENSION OF TIME FOR DEFENDANTS TO RESPOND TO PLAINTIFFS' MOTION FOR PRELIMINARY INJUNCTION: IT IS THEREFORE ORDERED that the deadline for the Defendants to respond to Plaintiffs' preliminary injunction motion is extended to July 15, 2024, and the deadline for Plaintiffs to file their reply brief in support of their preliminary injunction motion is extended to July 22, 2024. See Order. Signed by Judge Tanya Walton Pratt on 7/12/2024. (LF) (Entered: 07/15/2024)

ORDER granting 34 UNOPPOSED MOTION FOR EXTENSION OF TIME FOR DEFENDANTS TO FILE BRIEF OR STATEMENT RESPECTING PLAINTIFFS' MOTION TO MAINTAIN DOCUMENT UNDER SEAL - IT IS THEREFORE ORDERED that the deadline for the Defendants to file their brief or statement respecting Plaintiffs' motion to maintain document under seal is extended to July 19, 2024. Signed by Magistrate Judge Tim A. Baker on 07/15/2024. (AAS) (Entered: 07/15/2024)

***UNSEALED PURSUANT TO ORDER AT DKT. NO. 51 ***SEALED RESPONSE re 9 MOTION for Preliminary Injunction SEALED RESPONSE IN OPPOSITION TO MOTION FOR PRELIMINARY INJUNCTION, filed by Defendants DIRECTOR OF THE DIVISION OF DISABILITY AND REHABILITATIVE SERVICES, INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION, SECRETARY OF THE INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION. (Mappes, Harmony) Modified on 8/29/2024 (DMB). (Entered: 07/15/2024)

Appendix of Exhibits in Support of Response in Opposition to Motion re 9 MOTION for Preliminary Injunction, filed by Defendants DIRECTOR OF THE DIVISION OF DISABILITY AND REHABILITATIVE SERVICES, INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION, SECRETARY OF THE INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION. (Attachments: # 1 Exhibit A Declaration of Cathy Robinson, # 2 Exhibit B Declaration of Leslie Huckleberry, # 3 Exhibit D Declaration of Cora Steinmetz, # 4 Exhibit E Declaration of Paul Bowling, # 5 Exhibit F Responses & Objections of Jessica Carter, on behalf of E.R., # 6 Exhibit G Responses & Objections of Heather Knight, on behalf of G.S., # 7 Exhibit H April 28, 2024 Email from Jessica Carter, # 8 Exhibit I June 3, 2024 Email from Jessica Carter, # 9 Exhibit J May 9, 2024 Email to Jessica Carter, # 10 Exhibit O HCBS Waivers Provider Reference Module, # 11 Exhibit P March 22, 2024 Memorandum to Providers of Care Managers, # 12 Exhibit Q January 17, 2024 Letter on Medicaid Strategies, # 13 Exhibit R FSSA Announcement of Informational Webinars, # 14 Exhibit S May 6, 2024 A&D and TBI Waiver Update Newsletter, # 15 Exhibit T May 20, 2024 A&D and TBI Waiver Update Newsletter, # 16 Exhibit U May 31, 2024 Urgent Reminder, # 17 Exhibit V June 4, 2024 H&W Waiver Approval Announcement, # 18 Exhibit W Service Plan Approval Correspondence for E.R., # 19 Exhibit X Service Plan Approval Correspondence for G.S., # 20 Exhibit Y E.R. Waiver Service Plan Summary, # 21 Exhibit Z G.S. Waiver Service Plan Summary, # 22 Exhibit AA 2024 Legislative Forecast Presentation, # 23 Exhibit BB Emily Longnecker, Indiana Senators Consider Bill to Deal With States Nursing Shortage, # 24 Exhibit CC December 2023 Medicaid Forecast, # 25 Exhibit DD HCBS Waiver Rate Review June 2023)(Mappes, Harmony) (Entered: 07/15/2024)

1 Exhibit A Declaration of Cathy Robinson

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2 Exhibit B Declaration of Leslie Huckleberry

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3 Exhibit D Declaration of Cora Steinmetz

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4 Exhibit E Declaration of Paul Bowling

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5 Exhibit F Responses & Objections of Jessica Carter, on behalf of E.R.

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6 Exhibit G Responses & Objections of Heather Knight, on behalf of G.S.

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7 Exhibit H April 28, 2024 Email from Jessica Carter

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8 Exhibit I June 3, 2024 Email from Jessica Carter

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9 Exhibit J May 9, 2024 Email to Jessica Carter

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10 Exhibit O HCBS Waivers Provider Reference Module

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11 Exhibit P March 22, 2024 Memorandum to Providers of Care Managers

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12 Exhibit Q January 17, 2024 Letter on Medicaid Strategies

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13 Exhibit R FSSA Announcement of Informational Webinars

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14 Exhibit S May 6, 2024 A&D and TBI Waiver Update Newsletter

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15 Exhibit T May 20, 2024 A&D and TBI Waiver Update Newsletter

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16 Exhibit U May 31, 2024 Urgent Reminder

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17 Exhibit V June 4, 2024 H&W Waiver Approval Announcement

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18 Exhibit W Service Plan Approval Correspondence for E.R.

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19 Exhibit X Service Plan Approval Correspondence for G.S.

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20 Exhibit Y E.R. Waiver Service Plan Summary

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21 Exhibit Z G.S. Waiver Service Plan Summary

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22 Exhibit AA 2024 Legislative Forecast Presentation

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23 Exhibit BB Emily Longnecker, Indiana Senators Consider Bill to Deal With States

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24 Exhibit CC December 2023 Medicaid Forecast

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25 Exhibit DD HCBS Waiver Rate Review June 2023

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SEALED DEFENDANTS SEALED EXHIBITS IN OPPOSITION TO PLAINTIFFS MOTION FOR PRELIMINARY INJUNCTION, re 37 SEALED Response to Motion, filed by Defendants DIRECTOR OF THE DIVISION OF DISABILITY AND REHABILITATIVE SERVICES, INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION, SECRETARY OF THE INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION. (Attachments: # 1 Exhibit C Declaration of Maria Finnell, M.D.***UNSEALED PURSUANT TO ORDER AT DKT. NO. 51 ***, # 2 Exhibit K - May 3, 2022 E.R. Eligibility Screen, # 3 Exhibit L April 10, 2024 E.R. Eligibility Screen, # 4 Exhibit M E.R. Appeal State Exhibits, # 5 Exhibit N G.S. Care Manager Case Comments)(Mappes, Harmony) Modified on 8/29/2024 (DMB). (Entered: 07/15/2024)

MOTION to Maintain Document Under Seal 39 SEALED Document (Case Participants - doc), 37 SEALED Response to Motion, filed by Defendants DIRECTOR OF THE DIVISION OF DISABILITY AND REHABILITATIVE SERVICES, INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION, SECRETARY OF THE INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION. (Attachments: # 1 Text of Proposed Order)(Hudson, Melinda) (Entered: 07/15/2024)

BRIEF/MEMORANDUM in Support re 40 MOTION to Maintain Document Under Seal 39 SEALED Document (Case Participants - doc), 37 SEALED Response to Motion, filed by Defendants DIRECTOR OF THE DIVISION OF DISABILITY AND REHABILITATIVE SERVICES, INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION, SECRETARY OF THE INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION. (Hudson, Melinda) (Entered: 07/15/2024)

MOTION FOR ORAL ARGUMENT PURSUANT TO LOCAL RULE 7.5, filed by Defendants DIRECTOR OF THE DIVISION OF DISABILITY AND REHABILITATIVE SERVICES, INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION, SECRETARY OF THE INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION. (Attachments: # 1 Text of Proposed Order)(Mappes, Harmony) (Entered: 07/15/2024)

ORDER granting 42 MOTION FOR ORAL ARGUMENT PURSUANT TO LOCAL RULE 7.5 - Oral Argument set for 8/13/2024 at 09:00 AM in room #344, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Judge Tanya Walton Pratt. The parties will each have thirty (30) minutes to present their argument to the Court. SEE ORDER. Signed by Judge Tanya Walton Pratt on 7/17/2024.(JRB) (Entered: 07/18/2024)

Statement Authorizing Unsealing Plaintiffs' Document Filed Under Seal by All Defendants. (Hudson, Melinda) (Entered: 07/19/2024)

Submission of Additional Evidence in Supp. of Mot. for Prelim. Inj., filed by Plaintiffs INDIANA PROTECTION AND ADVOCACY SERVICES COMMISSION, E. R., G. S.. (Attachments: # 1 Exhibit 1 (Supp. Aff. of J. Carter), # 2 Exhibit 2 (Supp. Aff. of H. Knight), # 3 Exhibit 3 (Short Video of G.S.) (Manually Filed), # 4 Exhibit 4 (Excerpt from Medicaid waiver file of E.R.), # 5 Exhibit 5 (Excerpts from Medicaid waiver file of G.S.))(Rose, Gavin) (Entered: 07/19/2024)

Unopposed MOTION for Leave to File Excess Pages Reply Br. in Supp. of Mot. for Prelim. Inj., filed by Plaintiffs INDIANA PROTECTION AND ADVOCACY SERVICES COMMISSION, E. R., G. S.. (Attachments: # 1 Exhibit (Reply Br. in Supp. of Mot. for Prelim. Inj.), # 2 Text of Proposed Order)(Rose, Gavin) (Entered: 07/19/2024)

ORDER granting 46 Motion for Leave to File Oversized Reply Brief - The plaintiffs are granted permission to file the reply brief in support of their preliminary-injunction request that is attached to the Motion, and that brief shall be deemed filed as of the date of tender. SEE ORDER. Signed by Judge Tanya Walton Pratt on 7/22/2024. (Attachments: # 1 Reply Brief) (JRB) (Entered: 07/22/2024)

ORDER AUTHORIZING UNSEALING OF FILING NO. 29 - On July 19, 2024, Defendants filed a statement authorizing the unsealing of the filing. [Filing No. 44 .] Defendants note that although the filing is an internal, nonpublic document, Defendants do not oppose unsealing it because the filed version at Filing No. 29 is a limited excerpt of the original document and does not contain protected information. Therefore, the Clerk is directed to unseal Filing No. 29 . See Order for details. Signed by Magistrate Judge Tim A. Baker on 7/22/2024.(LBT) (Entered: 07/22/2024)

RESPONSE to Motion re 40 MOTION to Maintain Document Under Seal 39 SEALED Document (Case Participants - doc), 37 SEALED Response to Motion, filed by Plaintiffs INDIANA PROTECTION AND ADVOCACY SERVICES COMMISSION, E. R., G. S.. (Rose, Gavin) (Entered: 07/29/2024)

Receipt of two USB thumb drives 45 Submission of Additional Evidence in Supp. of Mot. for Prelim. Inj., filed by Plaintiffs INDIANA PROTECTION AND ADVOCACY SERVICES COMMISSION, E. R., G. S.. (Attachments: # 1 Exhibit 1 (Supp. Aff. of J. Carter), # 2 Exhibit 2 (Supp. Aff. of H. Knight), # 3 Exhibit 3 (Short Video of G.S.) (Manually Filed), # 4 Exhibit 4 (Excerpt from Medicaid waiver file of E.R.), # 5 Exhibit 5 (Excerpts from Medicaid waiver file of G.S.))(Rose, Gavin) (BAA) (Entered: 07/30/2024)

ORDER ON DEFENDANTS' MOTION TO SEAL - granting 40 MOTION to Maintain maintain Exhibits K, L, M, and N under seal. The Clerk is directed to maintain Filing Nos. 39-2, 39-3, 39-4, and 39-5 under seal. The parties are to file a redacted version of these exhibits within 14 days of this order in line with this order, redacting only the information protected from disclosure by Rule 5.2(a) and the additional information noted above. Defendants' motion is denied as it relates to Exhibit C and Defendants' response brief. The Clerk is directed to unseal Filing Nos. 39-1 and 37 within 21 days of this order, absent a motion to reconsider, appeal, or further Court order. See Order. Signed by Magistrate Judge Tim A. Baker on 8/1/2024. (KAA) (Entered: 08/02/2024)

NOTICE of Filing (Joint) of Public Redacted Exhibits Pursuant to Court's Order by INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION (Attachments: # 1 Exhibit K - 5-3-22 E.R. Eligibility Screen (Public Redacted), # 2 Exhibit L - 4-10-24 E.R. Eligibility Screen (Public Redacted), # 3 Exhibit M - E.R. Appeal State Exhs (Public Redacted), # 4 Exhibit N - G.S. Service Plan Comments (Public Redacted)) (Elliott, Matthew) (Entered: 08/08/2024)

Minute Entry for proceedings held before Judge Tanya Walton Pratt 8/13/2024: Plaintiffs Indiana Protection and Advocacy Services Commission, E.R., and G.S. appeared by counsel Gavin Rose, Thomas Crishon, and Samuel Adams. Defendants Indiana Family and Social Services Administration, Secretary of the Indiana Family and Social Services Administration, and Director of the Division of Disability and Rehabilitative Services appeared by Harmony Mappes, Melinda Hudson, and Jessica Keyes. Parties appeared for oral argument on Plaintiffs' Motion for Preliminary Injunction (Filing No. 9 ) at the Indianapolis Courthouse. Attorney Rose presented argument on behalf of Plaintiffs. Attorney Mappes presented argument on behalf of Defendants. The pending motion was taken under advisement. (Court Reporter David Moxley.) (SMH) (Entered: 08/13/2024)

ORDER ON PLAINTIFFS' MOTION FOR PRELIMINARY INJUNCTION - Accordingly, the Court grants IPAS' Motion for Preliminary Injunction but must modify the relief it seeks. For 9 ). Pursuant to Federal Rule of Civil Procedure 65(d), the Cou rt ISSUES A PRELIMINARY INJUNCTION ORDERING Defendants to take immediate and affirmative steps to (1) arrange directly or through referral to appropriate agencies, organizations, or individuals, corrective treatment of in-home skilled nursing ser vices to E.R. for a minimum of forty hours and G.S. for a minimum of eighty hours per week and, (2) reimburse the mothers for providing SFC in conjunction. Plaintiffs need not post a bond (SEE ORDER FOR DETAILS). Signed by Judge Tanya Walton Pratt on 8/30/2024.(DWH)

AMENDED ORDER ON PLAINTIFFS' MOTION FOR PRELIMINARY INJUNCTION - For the reasons stated above, Plaintiffs' Motion for Preliminary Injunction is GRANTED (Filing No. 9). Pursuant to Federal Rule of Civil Procedure 65(d), the Court ISSUES A PRELIMINARY INJUNCTION ORDERING Defendants to take immediate and affirmative steps to (1) arrange directly or through referral to appropriate agencies, organizations, or individuals, corrective treatment of in-home skilled nursing services to E .R. for a minimum of forty hours and G.S. for a minimum of eighty hours per week and, (2) reimburse the mothers for providing SFC in conjunction. Plaintiffs need not post a bond. (See Order.) Signed by Judge Tanya Walton Pratt on 09/03/2024. (AJG) (Main Document 55 replaced on 9/3/2024) (SMH).

Emergency MOTION to Modify Preliminary Injunction, filed by Plaintiffs INDIANA PROTECTION AND ADVOCACY SERVICES COMMISSION, E. R., G. S.. (Attachments: # 1 Exhibit 1 (Second Supp. Aff. of J. Carter), # 2 Exhibit 2 (Second Supp. Aff. of H. Knight))(Rose, Gavin) (Entered: 09/03/2024)

ORDER FOR EXPEDITED RESPONSE - This matter is before the Court on Plaintiffs' Emergency Motion to Modify Preliminary Injunction (Filing No. 56 ). To facilitate an expedited ruling on the motion, Defendants are to file any response brief no later than September 5, 2024. Plaintiffs have waived the right to file a reply brief. Signed by Judge Tanya Walton Pratt on 9/4/2024.(JRB) (Entered: 09/04/2024)

RESPONSE in Opposition re 56 Emergency MOTION to Modify Preliminary Injunction, filed by Defendants DIRECTOR OF THE DIVISION OF DISABILITY AND REHABILITATIVE SERVICES, INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION, SECRETARY OF THE INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION. (Mappes, Harmony) (Entered: 09/05/2024)

ORDER ON EMERGENCY MOTION TO MODIFY PRELIMINARY INJUNCTION - Plaintiffs' Emergency Motion to Modify Preliminary Injunction (Filing No. 56 ) is GRANTED in part and DENIED in part. Pursuant to Federal Rule of Civil Procedure 65(d), the Court MODIFIES the Preliminary Injunction issued on September 3, 2024 (Filing No. 55 ) accordingly: (See Order.) Signed by Judge Tanya Walton Pratt on 9/9/2024. (JSR)

Status Report

MARGINAL ENTRY

Notice of Appeal

Docketing Statement

Stay

1 Exhibit 1 (Aff. of J. Carter)

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2 Exhibit 2 (Aff. of H. Knight)

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Official Transcript

Notice of Filing of Official Transcript

Parties Short Record

Transmission of Notice of Appeal and Docket Sheet to USCA

USCA Case Number

Order

Order

Extension of Time (Other)

Withdraw Attorney Appearance

Response in Opposition to Motion

SEALED Document (Case Participants - doc)

Seal a Document (Motion to Seal or Motion to Maintain Under Seal)

Brief/Memorandum in Support

Notice of Filing

Order on Motion to Stay

Order on Motion for Extension of Time to File

Order on Motion to Withdraw Attorney Appearance

Notice of Appeal

Docketing Statement

Status Report

Preliminary Injunction

MARGINAL ENTRY

Parties Short Record

Transmission of Notice of Appeal and Docket Sheet to USCA

USCA Case Number

Subsequent Notice of Appeal

Docketing Statement

Parties Short Record

Transmission of Notice of Appeal and Docket Sheet to USCA

Response to Motion (Unopposed)

USCA Case Number

Status Report

Order

Leave to File

Order on Motion for Leave to File

Status Report

Exhibit