Case: Gillespie v. Dimensions Health Corporation

8:05-cv-00073 | U.S. District Court for the District of Maryland

Filed Date: Jan. 11, 2005

Closed Date: 2006

Clearinghouse coding complete

Case Summary

By a complaint filed on January 11, 2005, in the U.S. District Court for the District of Maryland, and amended on March 15, 2005, seven deaf plaintiffs alleged that the defendant, a corporation operating a hospital, violated the Americans with Disabilities Act (''ADA''), 42 U.S.C. §§ 12101 et seq., and § 504 of the Rehabilitation Act, 29 U.S.C. § 794, by failing to provide plaintiffs with an appropriate auxiliary aid necessary to ensure effective communication, thereby denying them (or in one i…

By a complaint filed on January 11, 2005, in the U.S. District Court for the District of Maryland, and amended on March 15, 2005, seven deaf plaintiffs alleged that the defendant, a corporation operating a hospital, violated the Americans with Disabilities Act (''ADA''), 42 U.S.C. §§ 12101 et seq., and § 504 of the Rehabilitation Act, 29 U.S.C. § 794, by failing to provide plaintiffs with an appropriate auxiliary aid necessary to ensure effective communication, thereby denying them (or in one instance, a child of a plaintiff) full and equal medical treatment because of their disability. The hospital had relied upon lip-reading and notes rather than provide a qualified, on-site sign language interpreter, despite the plaintiffs' repeated requests for live translation services. The plaintiffs had found the hospital's occasional use of a video remote interpreting device unsatisfactory and that hospital personnel lacked training in the device's use. Plaintiffs alleged that the defendant's unlawful conduct impaired effective medical communication and directly caused plaintiffs to sustain past and continuing physical and emotional injuries. They further alleged that plaintiffs ''have suffered, are suffering, and will continue to suffer irreparable injury as a result of [the] pattern and practice of discrimination.'' The plaintiffs sought injunctive relief, compensatory and punitive damages, and attorneys' fees and costs. Private counsel and attorneys with the Washington Lawyers Committee for Civil Rights and Urban Affairs represented the plaintiffs.

On February 10, 2005, the defendant filed a motion to dismiss the ADA claim (count I). Defendant contended that because injunctive relief was the only remedy available to plaintiffs under count I, plaintiffs lacked standing to assert the claim, as they faced no real and immediate threat of harm.

On May 16, 2005, District Judge Deborah K. Chasanow granted the dismissal motion as to two plaintiffs who no longer lived near the hospital and seemed unlikely to use it again, but denied dismissal as to the other plaintiffs. Accepting their allegations as true, the court found that these plaintiffs, who lived near the hospital and were likely to need its services, had alleged they had been harmed and were likely to continue to be harmed by the hospital's on-going unlawful policy, pattern, and practice. Gillespie v. Dimensions Health Corporation, 369 F. Supp.2d 636 (D. Md. 2005).

Filing a "complaint in intervention," the United States intervened as a plaintiff on July 17, 2006. The government was represented by counsel from the Disability Rights Section of the Civil Rights Division of the U.S. Department of Justice ("DOJ"). DOJ had conducted its own investigation of the defendant's conduct in March 2005, having received a complaint from the plaintiffs which mirrored their allegations in court. The DOJ's complaint again described, as a pattern or practice of discrimination against the disabled, the defendant's alleged systematic, long-term failure to provide appropriate translation services, alleged that the defendant had violated the ADA, and sought declaratory and injunctive relief. The government's complaint described that appropriate videophone translation services, and staff training in their use, could and should be made available by the defendant as a part of the requested injunctive relief, along with provision of other auxiliary communication aids and services. In addition to asking that the court award damages to the plaintiffs and to others harmed by the defendant's conduct, the United States asked that the court impose a civil penalty against the defendant, pursuant to 42 U.S.C. § 12188(b)(2)(C), to vindicate the public interest.

Perhaps unsurprisingly, the presence of the DOJ in the case was part of a negotiated settlement, as reflected in a consent decree signed by all parties' counsel on July 12, 2006, and filed with the court on July 17, 2006. The detailed decree obligated the defendant, among other things, to provide appropriate communication aids and services (including, e.g., qualified interpreters, TTY devices, flash cards) for deaf and hard of hearing persons at the hospital, to train hospital staff in use of these alternative devices, to maintain logs of auxiliary communications services requested and provided, to implement a complaint/grievance system, to provide these communicative services without additional charge to their users, and to make sure hospital users, the community, and hospital personnel were aware of the new policies and capabilities. The decree imposed regular compliance reporting obligations on the defendant for the three year term of the decree, subject to earlier termination upon earlier accomplishment of the decree's goals. The decree noted that the private plaintiffs and the defendant had entered into a confidential settlement, as well. (We do not have access to the terms of this confidential settlement and presume that it resolved financial matters such as damages and attorneys' fee amounts.)

Judge Chasanow issued an unpublished order on August 8, 2006, which approved the consent decree. The next day, plaintiffs filed a motion to dismiss the case with prejudice. The judge granted that motion on August 10, 2006, although she retained jurisdiction over the case pursuant to the terms of the consent decree.

We have no information showing post-dismissal activity in the case.

Summary Authors

Mike Fagan (6/5/2008)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4623084/parties/gillespie-v-dimensions-health-corporation/


Judge(s)

Chasanow, Deborah K. (Maryland)

Connelly, William G. (Maryland)

Attorneys(s) for Plaintiff

Bundy, Thomas Robinson III (District of Columbia)

Gardner, Elizabeth [Elaine] Elaine (District of Columbia)

Last, David Adam (District of Columbia)

Weiner, Lewis S. (District of Columbia)

Attorneys(s) for Defendant

Duke, Neil E. (Maryland)

White, Pamela J. (Maryland)

Other Attorney(s)

Active

Active

Judge(s)

Chasanow, Deborah K. (Maryland)

Connelly, William G. (Maryland)

Attorneys(s) for Plaintiff

Bundy, Thomas Robinson III (District of Columbia)

Gardner, Elizabeth [Elaine] Elaine (District of Columbia)

Last, David Adam (District of Columbia)

Weiner, Lewis S. (District of Columbia)

Attorneys(s) for Defendant

Duke, Neil E. (Maryland)

White, Pamela J. (Maryland)

Other Attorney(s)

Bennett, Jamie M. (Maryland)

Bowen, L. Irene (District of Columbia)

Breen, Philip L. (District of Columbia)

Devine, Kathleen Susan (District of Columbia)

Gonzales, Alberto (District of Columbia)

Kim, Wan J. (District of Columbia)

Mather, Robert John (District of Columbia)

Rosenstein, Rod J. (Maryland)

Wodatch, John L. (District of Columbia)

Documents in the Clearinghouse

Document

8:05-cv-00073

Docket [PACER]

Jan. 25, 2007

Jan. 25, 2007

Docket
1-1

8:05-cv-00073

Complaint []

Jan. 11, 2005

Jan. 11, 2005

Complaint
20

8:05-cv-00073

First Amended Complaint []

March 15, 2005

March 15, 2005

Complaint
27

8:05-cv-00073

Memorandum Opinion [Regarding Defendant’s Motion to Dismiss Count I]

May 16, 2005

May 16, 2005

Order/Opinion
79-1

8:05-cv-00073

Complaint in Intervention []

July 17, 2006

July 17, 2006

Complaint

8:05-cv-00073

Consent Decree

Aug. 8, 2006

Aug. 8, 2006

Settlement Agreement

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4623084/gillespie-v-dimensions-health-corporation/

Last updated Sept. 4, 2022, 3:04 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Laurel Regional Hospital ( Filing fee $ 150 receipt number 2299771.), filed by Elizabeth Gillespie, David Irvine, Erin Whitney, Cary Barbin, Kathryn Elizabeth Hale, Brian Leffler, Ziomara Porras. (Attachments: # 1 Civil Cover Sheet)(rank, Deputy Clerk) (Entered: 01/11/2005)

1 Civil Cover Sheet

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Jan. 11, 2005

Jan. 11, 2005

PACER
2

Summons Issued 20 days as to Laurel Regional Hospital. (rank, Deputy Clerk) (Entered: 01/11/2005)

Jan. 11, 2005

Jan. 11, 2005

PACER
3

Correspondence from the Clerk re: Electronic filing of documents. (c/m 1/11/05 rk) (rank, Deputy Clerk) (Entered: 01/11/2005)

Jan. 11, 2005

Jan. 11, 2005

PACER
4

MOTION of Elizabeth Gardner to Appear Pro Hac Vice by David Irvine, Erin Whitney, Cary Barbin, Kathryn Elizabeth Hale, Brian Leffler, Ziomara Porras. (rank, Deputy Clerk) (Entered: 01/12/2005)

Jan. 11, 2005

Jan. 11, 2005

PACER
5

ORDER granting 4 Motion of Elizabeth Elaine Gardner to Appear Pro Hac Vice. Signed by the Clerk on 1/11/05. (c/m 1/12/05 rk) (rank, Deputy Clerk) (Entered: 01/12/2005)

Jan. 11, 2005

Jan. 11, 2005

PACER
6

NOTICE of Appearance by Lewis S Wiener on behalf of all plaintiffs (Attachments: # 1)(Wiener, Lewis) (Entered: 01/13/2005)

Jan. 13, 2005

Jan. 13, 2005

PACER
7

NOTICE of Appearance by David A Last on behalf of all plaintiffs (Attachments: # 1)(Last, David) (Entered: 01/13/2005)

Jan. 13, 2005

Jan. 13, 2005

PACER
8

ANSWER to Complaint by Laurel Regional Hospital.(White, Pamela) (Entered: 02/10/2005)

Feb. 10, 2005

Feb. 10, 2005

PACER
9

Local Rule 103.3 - Corporate Disclosure Statement. (White, Pamela) (Entered: 02/10/2005)

Feb. 10, 2005

Feb. 10, 2005

PACER
10

MOTION to Dismiss by Laurel Regional Hospital. Responses due by 2/27/2005 (Attachments: # 1 Memorandum in Support of Motion to Dismiss# 2 Appendix # 3 Text of Proposed Order)(White, Pamela) (Entered: 02/10/2005)

1 Memorandum in Support of Motion to Dismiss

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2 Appendix

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3 Text of Proposed Order

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Feb. 10, 2005

Feb. 10, 2005

PACER
11

SCHEDULING ORDER: Discovery / Status Report due by 6/27/2005. Motions due by 7/25/2005. Signed by Judge Deborah K. Chasanow on 02/10/2005. (Chasanow, Deborah) (Entered: 02/10/2005)

Feb. 10, 2005

Feb. 10, 2005

PACER
12

Settlement Conference - requesting (Wiener, Lewis) (Entered: 02/24/2005)

Feb. 24, 2005

Feb. 24, 2005

PACER
13

MOTION for Extension of Time or For Modification of Schedule by Laurel Regional Hospital. Responses due by 3/14/2005 (Attachments: # 1 Exhibit)(White, Pamela) (Entered: 02/25/2005)

1 Exhibit

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Feb. 25, 2005

Feb. 25, 2005

PACER
14

PAPERLESS ORDER "GRANTING" 13 Motion of the Defendant for Extension of Time within which to confer with Plaintiffs' counsel and submit a report regarding deposition hours until 03/07/2005. Signed by Judge Deborah K. Chasanow on 02/25/2005. (Chasanow, Deborah) (Entered: 02/25/2005)

Feb. 25, 2005

Feb. 25, 2005

PACER
15

RESPONSE in Opposition re 10 MOTION to Dismiss filed by Elizabeth Gillespie, David Irvine, Erin Whitney, Cary Barbin, Kathryn Elizabeth Hale, Brian Leffler, Ziomara Porras. Replies due by 3/14/2005. (Attachments: # 1 Appendix)(Wiener, Lewis) (Entered: 02/28/2005)

1 Appendix

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Feb. 28, 2005

Feb. 28, 2005

PACER
16

STATUS REPORT in Response to Court's Scheduling Order by Laurel Regional Hospital. (White, Pamela) (Entered: 03/07/2005)

March 7, 2005

March 7, 2005

PACER
17

MOTION for Leave to File First Amended Complaint for Injunctive Relief and for Compensatory and Punitive Damages by Elizabeth Gillespie, David Irvine, Erin Whitney, Cary Barbin, Kathryn Elizabeth Hale, Brian Leffler, Ziomara Porras. Responses due by 3/31/2005 (Attachments: # 1 Exhibit (Proposed Amended Complaint)# 2 Exhibit (Blackline of Proposed Amended Complaint))(Last, David) (Entered: 03/14/2005)

1 Exhibit (Proposed Amended Complaint)

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2 Exhibit (Blackline of Proposed Amended Complaint)

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March 14, 2005

March 14, 2005

PACER
18

REPLY to Response in Opposition to re 10 Motion to Dismiss filed by Laurel Regional Hospital. (White, Pamela) (Entered: 03/14/2005)

March 14, 2005

March 14, 2005

PACER
19

PAPERLESS ORDER granting 17 Motion for Leave to File First Amended Complaint. Signed by Judge Deborah K. Chasanow on 03/15/05. (Chasanow, Deborah) (Entered: 03/15/2005)

March 15, 2005

March 15, 2005

PACER
20

AMENDED COMPLAINT against Dimensions Health Corporation, filed by Elizabeth Gillespie, David Irvine, Erin Whitney, Cary Barbin, Kathryn Elizabeth Hale, Brian Leffler, Ziomara Porras.(rank, Deputy Clerk) (Entered: 03/15/2005)

March 15, 2005

March 15, 2005

PACER

Jury Trial Demand by Elizabeth Gillespie, David Irvine, Erin Whitney, Cary Barbin, Kathryn Elizabeth Hale, Brian Leffler, Ziomara Porras. (rank, Deputy Clerk)

March 15, 2005

March 15, 2005

PACER
21

Consent MOTION for Extension of Time For the Filing of Expert Disclosures by Elizabeth Gillespie, David Irvine, Erin Whitney, Cary Barbin, Kathryn Elizabeth Hale, Brian Leffler, Ziomara Porras. Responses due by 4/25/2005 (Last, David) (Entered: 04/08/2005)

April 8, 2005

April 8, 2005

PACER
22

PAPERLESS ORDER "GRANTING" 21 Consent Motion of Plaintiffs to Enlarge the Deadline for the Filing of Expert Disclosures as follows: Plaintiffs' Rule 26(a)(2) Disclosures regarding Experts will be due 30 days following the Court's ruling on Defendant's pending Motion to Dismiss; Defendant's Rule 26(a)(2) Disclosures regarding Experts will be due 30 days thereafter; and Plaintiffs' Rebuttal Rule 26(a)(2) Disclosures regarding Experts will be due 14 days thereafter. Signed by Judge Deborah K. Chasanow on 4/8/2005. (Chasanow, Deborah) (Entered: 04/08/2005)

April 8, 2005

April 8, 2005

PACER
23

MOTION for Protective Order ; Points and Authorities by Dimensions Health Corporation. Responses due by 5/23/2005 (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E)(White, Pamela) (Entered: 05/06/2005)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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May 6, 2005

May 6, 2005

PACER
24

RESPONSE to Motion re 23 MOTION for Protective Order ; Points and Authorities and Motion to Compel Defendant's Identification of Rule 30(B)(6) Deponents filed by Elizabeth Gillespie, David Irvine, Erin Whitney, Cary Barbin, Kathryn Elizabeth Hale, Brian Leffler, Ziomara Porras. Replies due by 5/23/2005. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Exhibit G)(Wiener, Lewis) (Entered: 05/07/2005)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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7 Exhibit G

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May 7, 2005

May 7, 2005

PACER

Telephone Conference held before Judge Deborah K. Chasanow. (td, Deputy Clerk)

May 9, 2005

May 9, 2005

PACER
25

LETTER/ORDER "GRANTING" 23 Motion of the Defendant for Protective Order. Signed by Judge Deborah K. Chasanow on 5/9/2005. (Chasanow, Deborah) (Entered: 05/09/2005)

May 9, 2005

May 9, 2005

PACER
26

MOTION to Compel by Elizabeth Gillespie, David Irvine, Erin Whitney, Cary Barbin, Kathryn Elizabeth Hale, Brian Leffler, Ziomara Porras. Responses due by 5/27/2005 (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F)(Wiener, Lewis) (Entered: 05/10/2005)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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May 10, 2005

May 10, 2005

PACER
27

MEMORANDUM OPINION. Signed by Judge Deborah K. Chasanow on 5/16/2005. (Chasanow, Deborah) (Entered: 05/16/2005)

May 16, 2005

May 16, 2005

RECAP
28

ORDER "GRANTING" in part and "DENYING" in part 10 Motion of the Defendant to Dismiss Count I of Plaintiffs' Complaint - "GRANTED" as to Plaintiffs Erin Whitney and Brian Leffler and "DENIED" as to Plaintiffs Elizabeth Gillespie, David Irvine, Cary Barbin, Kathryn Hale and Xiomara Porras; and "DISMISSING" the claims of Plaintiffs Whitney and Leffler for injunctive relief under the ADA (Count I). Signed by Judge Deborah K. Chasanow on 5/16/2005. (Chasanow, Deborah) (Entered: 05/16/2005)

May 16, 2005

May 16, 2005

PACER
29

ORDER REFERRING CASE to Magistrate Judge Charles B. Day for settlement. Signed by Judge Deborah K. Chasanow on 5/16/05. (jmw, Chambers) (Entered: 05/16/2005)

May 16, 2005

May 16, 2005

PACER
30

MOTION for Extension of Time to Complete Discovery and to Modify the Joint Report in Response to the Court's Scheduling Order by Elizabeth Gillespie, David Irvine, Erin Whitney, Cary Barbin, Kathryn Elizabeth Hale, Brian Leffler, Ziomara Porras. Responses due by 6/6/2005 (Attachments: # 1 Exhibit A# 2 Exhibit B)(Last, David) (Entered: 05/20/2005)

1 Exhibit A

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2 Exhibit B

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May 20, 2005

May 20, 2005

PACER
31

PAPERLESS ORDER "GRANTING" 30 Unopposed Motion of the Plaintiffs to Extend the Discovery Deadline from 6/27/2005 to 9/27/2005; "EXTENDING" the Dispositive Motions Deadline from 7/25/2005 to 10/27/2005; and "STATING" that the Court will consider Plaintiffs' Request concerning the number of hours for depositions once Defendant has had an opportunity to file a Response. Signed by Judge Deborah K. Chasanow on 5/20/2005. (Chasanow, Deborah) (Entered: 05/20/2005)

May 20, 2005

May 20, 2005

PACER
32

Correspondence re: scheduling settlement conference. Reply required. (bab, Chambers) (Entered: 05/24/2005)

May 24, 2005

May 24, 2005

PACER
33

RESPONSE in Opposition re 26 MOTION to Compel filed by Dimensions Health Corporation. Replies due by 6/10/2005. (Attachments: # 1 Exhibit A# 2 Exhibit B)(White, Pamela) (Entered: 05/27/2005)

1 Exhibit A

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2 Exhibit B

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May 27, 2005

May 27, 2005

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34

STIPULATION to Enlarge Time to File Plaintiffs' Responses to Defendant's Discovery Requests by Elizabeth Gillespie, David Irvine, Erin Whitney, Cary Barbin, Kathryn Elizabeth Hale, Brian Leffler, Dimensions Health Corporation, Ziomara Porras, Laurel Regional Hospital. (Wiener, Lewis) (Entered: 06/01/2005)

June 1, 2005

June 1, 2005

PACER
35

PAPERLESS ORDER "APPROVING" 34 Stipulation of the Parties to Enlarge Time for Plaintiffs to Respond to Defendant's First Set of Interrogatories and First Request for Production of Documents to 6/9/2005; and "STATING" that Counsel need not request the Court to rule on such stipulations in the future, pursuant to Local Rule 104.8.a. Signed by Judge Deborah K. Chasanow on 6/1/2005. (Chasanow, Deborah) (Entered: 06/01/2005)

June 1, 2005

June 1, 2005

PACER
36

ORDER "Scheduling" Settlement Conference Signed by Judge Charles B. Day on 6/2/05 (c/m)(ajh, Deputy Clerk) (Entered: 06/02/2005)

June 2, 2005

June 2, 2005

PACER
37

RESPONSE in Support re 26 MOTION to Compel filed by Elizabeth Gillespie, David Irvine, Erin Whitney, Cary Barbin, Kathryn Elizabeth Hale, Brian Leffler, Ziomara Porras. Replies due by 6/24/2005. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F)(Wiener, Lewis) (Entered: 06/10/2005)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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June 10, 2005

June 10, 2005

PACER
38

MOTION to Compel to Permit Non-Parties (DOJ Attorneys) to Attend Depositions and Have Access to Documents by Elizabeth Gillespie, David Irvine, Cary Barbin, Kathryn Elizabeth Hale, Brian Leffler, Ziomara Porras. Responses due by 6/27/2005 (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E)(Wiener, Lewis) (Entered: 06/10/2005)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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June 10, 2005

June 10, 2005

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39

NOTICE by Kathryn Elizabeth Hale of Change in Name of a Party (Last, David) (Entered: 06/13/2005)

June 13, 2005

June 13, 2005

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40

PAPERLESS ORDER "GRANTING" 30 Request of the Plaintiffs to Modify the number of Deposition Hours from 50 to 100, as no opposition was filed; and "APPROVING" 39 Notice of Change in Name of Plaintiff Kathryn Elizabeth Hale to Kathryn Elizabeth Valadkin. Signed by Judge Deborah K. Chasanow on 6/16/2005. (Chasanow, Deborah) (Entered: 06/16/2005)

June 16, 2005

June 16, 2005

PACER
41

PAPERLESS ORDER "AMENDING" 40 Paperless Order which approved the Notice of Change in Name of Plaintiff Kathryn Elizabeth Hale to Kathryn Elizabeth VADAKIN (not Valadkin). Signed by Judge Deborah K. Chasanow on 6/16/2005. (Chasanow, Deborah) (Entered: 06/16/2005)

June 16, 2005

June 16, 2005

PACER
42

RESPONSE in Opposition re 38 MOTION to Compel to Permit Non-Parties (DOJ Attorneys) to Attend Depositions and Have Access to Documents filed by Laurel Regional Hospital. Replies due by 7/11/2005. (Attachments: # 1 Memorandum in Support of Opposition# 2 Text of Proposed Order)(White, Pamela) (Entered: 06/27/2005)

1 Memorandum in Support of Opposition

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2 Text of Proposed Order

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June 27, 2005

June 27, 2005

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43

MOTION to Compel Defendant's Responses to Plaintiffs' Discovery Requests by Kathryn Elizabeth Vadakin, Elizabeth Gillespie, David Irvine, Erin Whitney, Cary Barbin, Brian Leffler, Ziomara Porras. Responses due by 7/22/2005 (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Exhibit G# 8 Exhibit H# 9 Exhibit I# 10 Exhibit J# 11 Exhibit K# 12 Exhibit L# 13 Exhibit M# 14 Exhibit N# 15 Exhibit O# 16 Exhibit P# 17 Errata Q# 18 Exhibit R# 19 Exhibit S# 20 Exhibit T)(Last, David) (Entered: 07/05/2005)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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7 Exhibit G

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8 Exhibit H

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9 Exhibit I

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10 Exhibit J

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11 Exhibit K

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12 Exhibit L

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13 Exhibit M

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14 Exhibit N

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15 Exhibit O

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16 Exhibit P

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17 Errata Q

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18 Exhibit R

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19 Exhibit S

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20 Exhibit T

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July 5, 2005

July 5, 2005

PACER
44

Return pleading letter 43 Motion to Compel as it does not conform to Local Rule 104.8. (Chasanow, Deborah) (Entered: 07/06/2005)

July 6, 2005

July 6, 2005

PACER
45

NOTICE of service of motion to compel discovery by Kathryn Elizabeth Vadakin, Elizabeth Gillespie, David Irvine, Erin Whitney, Cary Barbin, Brian Leffler, Ziomara Porras (Attachments: # 1 Appendix Motion to Compel Discovery# 2 Exhibit A# 3 Exhibit B# 4 Exhibit C# 5 Exhibit D# 6 Exhibit E# 7 Exhibit F# 8 Exhibit G# 9 Exhibit H# 10 Exhibit I# 11 Exhibit J# 12 Exhibit K# 13 Exhibit L# 14 Exhibit M# 15 Exhibit N# 16 Exhibit O# 17 Exhibit P# 18 Exhibit Q# 19 Exhibit R# 20 Exhibit S# 21 Exhibit T)(Last, David) (Entered: 07/06/2005)

1 Appendix Motion to Compel Discovery

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2 Exhibit A

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3 Exhibit B

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4 Exhibit C

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5 Exhibit D

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6 Exhibit E

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7 Exhibit F

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8 Exhibit G

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9 Exhibit H

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10 Exhibit I

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11 Exhibit J

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12 Exhibit K

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13 Exhibit L

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14 Exhibit M

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15 Exhibit N

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16 Exhibit O

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17 Exhibit P

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18 Exhibit Q

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19 Exhibit R

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20 Exhibit S

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21 Exhibit T

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July 6, 2005

July 6, 2005

PACER
46

Consent MOTION for Extension of Time to File Response/Reply as to 42 Response in Opposition to Motion, to Permit Non-Parties (DOJ Attorneys) to Attend Depositions and Have Access to Documents by Kathryn Elizabeth Vadakin, Elizabeth Gillespie, David Irvine, Erin Whitney, Cary Barbin, Brian Leffler, Ziomara Porras. Responses due by 7/28/2005 (Last, David) (Entered: 07/11/2005)

July 11, 2005

July 11, 2005

PACER
47

PAPERLESS ORDER "GRANTING" 46 Consent Motion of the Plaintiffs to Enlarge the Deadline for Filing a Reply in support of their Motion to Permit Non-parties (DOJ Attorneys) to Attend Depositions and Have Access to Documents from 7/11/2005 to 7/19/2005. Signed by Judge Deborah K. Chasanow on 7/11/2005. (Chasanow, Deborah) (Entered: 07/11/2005)

July 11, 2005

July 11, 2005

PACER
48

AFFIDAVIT of Service for Subpoena for Deposition on July 19, 2005 served on Mike Jacobus on 7/6/05, filed by Laurel Regional Hospital. (Duke, Neil) Modified on 7/15/2005 (rank, Deputy Clerk).Discovery material not filed with the Court (Entered: 07/14/2005)

July 14, 2005

July 14, 2005

PACER
49

AFFIDAVIT of Service for Subpoena for Deposition July 18, 2005 served on Rebecca Davis on 7/6/05, filed by Laurel Regional Hospital. (Duke, Neil) Modified on 7/15/2005 (rank, Deputy Clerk).(Discovery material not to be filed with the Court (Entered: 07/14/2005)

July 14, 2005

July 14, 2005

PACER
50

AFFIDAVIT of Service for Subpoena for Deposition July 15, 2005 served on Rene Porras on 7/6/05, filed by Laurel Regional Hospital. (Duke, Neil) Modified on 7/15/2005 (rank, Deputy Clerk).(Discovery material not to be filed with the Court) (Entered: 07/14/2005)

July 14, 2005

July 14, 2005

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51

Correspondence from the Clerk re: Notice of Service of Discovery. (rank, Deputy Clerk) (Entered: 07/15/2005)

July 15, 2005

July 15, 2005

PACER
52

NOTICE by Kathryn Elizabeth Vadakin, Elizabeth Gillespie, David Irvine, Erin Whitney, Cary Barbin, Brian Leffler, Ziomara Porras Withdrawing Motion to Permit DOJ to Attend Depositions (filed June 10, 2005) (Wiener, Lewis) (Entered: 07/18/2005)

July 18, 2005

July 18, 2005

PACER
53

ORDER REFERRING CASE to Magistrate Judge William Connelly for discovery. Signed by Judge Deborah K. Chasanow on 7/19/05. (jmw, Chambers) (Entered: 07/19/2005)

July 19, 2005

July 19, 2005

PACER
54

PAPERLESS ORDER SCHEDULING telephone conference on Tuesday, July 26, 2005 at 4:00 p.m. regarding 26 Motion to Compel. Chambers will initiate the conference call. Signed by Judge William Connelly on 07/25/05. (Connelly, William) (Entered: 07/25/2005)

July 25, 2005

July 25, 2005

PACER
55

Notice of serice of RESPONSE in Opposition re 45 MOTION to Compel Defendant's Responses to Plaintiffs' Discovery Requests filed by Dimensions Health Corporation. Replies due by 8/8/2005. (Duke, Neil) Modified on 7/27/2005 (rank, Deputy Clerk). Modified on 7/27/2005 (rank, Deputy Clerk). (Entered: 07/25/2005)

July 25, 2005

July 25, 2005

PACER

Settlement Conference held before Judge Charles B. Day. (bab, Chambers)

Aug. 3, 2005

Aug. 3, 2005

PACER
56

STIPULATION to Suspend Discovery for 30 Days and Request to Enlarge the Discovery Period by Laurel Regional Hospital. (Duke, Neil) (Entered: 08/05/2005)

Aug. 5, 2005

Aug. 5, 2005

PACER
57

PAPERLESS ORDER "GRANTING" 56 Joint Stipulation to Suspend and Enlarge Discovery 30 days. Discovery closes and a status report is due 10/27/05, dispositive motions due 11/28/05. Signed by Judge Deborah K. Chasanow on 8/8/05. (Chasanow, Deborah) (Entered: 08/08/2005)

Aug. 8, 2005

Aug. 8, 2005

PACER
58

PAPERLESS ORDER DENYING WITHOUT PREJUDICE 26 Motion to Compel. The Motion To Compel may be reinstated if settlement negotiations are not successful. Signed by Judge William Connelly on 08/31/05. (Connelly, William) (Entered: 08/31/2005)

Aug. 31, 2005

Aug. 31, 2005

PACER
59

Correspondence re: Additional Period of Time to Suspend Discovery (Duke, Neil) (Entered: 09/09/2005)

Sept. 9, 2005

Sept. 9, 2005

PACER
60

PAPERLESS ORDER "APPROVING" 59 Counsel's request to further suspend and enlarge discovery 30 days. Discovery closes and status report due 10/11/05, dispositive motions due 11/14/05. Signed by Judge Deborah K. Chasanow on 9/9/05. (Chasanow, Deborah) (Entered: 09/09/2005)

Sept. 9, 2005

Sept. 9, 2005

PACER
61

Correspondence re: the Court's Order of 9/9/05 (Last, David) (Entered: 09/09/2005)

Sept. 9, 2005

Sept. 9, 2005

PACER
62

PAPERLESS ORDER "APPROVING" 61 Clarification of Schedule. Discovery will be suspended until 10/11/05, discovery closes and status report due 11/30/05, dispositive motions due 12/30/05. Signed by Judge Deborah K. Chasanow on 9/9/05. (Chasanow, Deborah) (Entered: 09/09/2005)

Sept. 9, 2005

Sept. 9, 2005

PACER
63

Correspondence re: Modification of Scheduling Order (Duke, Neil) (Entered: 10/11/2005)

Oct. 11, 2005

Oct. 11, 2005

PACER
64

PAPERLESS ORDER "APPROVING" 63 Correspondence requesting modification of schedule. Discovery will be suspended until 11/1/05, all remaining deadlines are unchanged. Signed by Judge Deborah K. Chasanow on 10/12/05. (Chasanow, Deborah) (Entered: 10/12/2005)

Oct. 12, 2005

Oct. 12, 2005

PACER
65

Correspondence re: Proposed Modification of the Scheduling Order (Last, David) (Entered: 11/04/2005)

Nov. 4, 2005

Nov. 4, 2005

PACER
66

PAPERLESS ORDER APPROVING 65 correspondence requesting modification of schedule. Discovery will be suspended until 12/15/05, discovery closes and status report due 2/15/06, dispositive mtions due 3/15/06. Signed by Judge Deborah K. Chasanow on 11/4/05. (Chasanow, Deborah) (Entered: 11/04/2005)

Nov. 4, 2005

Nov. 4, 2005

PACER
67

Correspondence re: Proposed Modification of the Scheduling Order (Last, David) (Entered: 12/15/2005)

Dec. 15, 2005

Dec. 15, 2005

PACER
68

PAPERLESS ORDER APPROVING 67 correspondence requesting modification of schedule. Discovery will be suspended until 1/20/06, discovery closes and status report due 3/22/06, dispositive mtions due 4/26/06. Signed by Judge Deborah K. Chasanow on 12/16/05. (Chasanow, Deborah) (Entered: 12/16/2005)

Dec. 16, 2005

Dec. 16, 2005

PACER
69

MOTION to Withdraw Appearance of David A. Last as Counsel of Record for Plaintiffs by Kathryn Elizabeth Vadakin, Elizabeth Gillespie, David Irvine, Erin Whitney, Cary Barbin, Brian Leffler, Ziomara Porras. Responses due by 1/20/2006 (Last, David) (Entered: 01/03/2006)

Jan. 3, 2006

Jan. 3, 2006

PACER
70

PAPERLESS ORDER GRANTING 69 Unopposed Motion to Withdraw the Appearance of David A. Last as counsel of record for plaintiffs. Signed by Judge Deborah K. Chasanow on 1/3/06. (Chasanow, Deborah) (Entered: 01/03/2006)

Jan. 3, 2006

Jan. 3, 2006

PACER
71

STATUS REPORT re Settlement to Court by Elizabeth Gillespie. (Wiener, Lewis) (Entered: 01/20/2006)

Jan. 20, 2006

Jan. 20, 2006

PACER
72

PAPERLESS ORDER APPROVING 71 Status Report requesting modification of schedule. Discovery will be suspended until 2/27/06, discovery closes and status report due 4/28/06, dispositive motions due 5/26/06. Signed by Judge Deborah K. Chasanow on 1/20/06. (Chasanow, Deborah) (Entered: 01/20/2006)

Jan. 20, 2006

Jan. 20, 2006

PACER
73

Status Report Submitted requesting modification of schedule by Elizabeth Gillespie (Wiener, Lewis) (Entered: 02/24/2006)

Feb. 24, 2006

Feb. 24, 2006

PACER
74

PAPERLESS ORDER APPROVING 73 Status Report requesting modification of schedule. Discovery will be suspended until 4/28/06, discovery closes and status report due 6/28/06, dispositive motions due 7/26/06. Signed by Judge Deborah K. Chasanow on 2/27/06. (Chasanow, Deborah) (Entered: 02/27/2006)

Feb. 27, 2006

Feb. 27, 2006

PACER
75

Correspondence re: scheduling settlement conference. Reply required. (bab, Chambers) (Entered: 03/09/2006)

March 9, 2006

March 9, 2006

PACER
76

ORDER "Advising" counsel that a settlement conference has been scheduled. Signed by Judge Charles B. Day on 3/15/06. (rank, Deputy Clerk) (Entered: 03/15/2006)

March 15, 2006

March 15, 2006

PACER

Settlement Conference held on 4/18/2006 before Judge Charles B. Day. (bab, Chambers)

April 19, 2006

April 19, 2006

PACER
77

Status Report Submitted Requesting Modification of Scheduling Order by Elizabeth Gillespie (Wiener, Lewis) (Entered: 04/27/2006)

April 27, 2006

April 27, 2006

PACER
78

PAPERLESS ORDER APPROVING 77 Status Report requesting modification of schedule. Discovery will be suspended until 6/26/06, discovery closes and status report due 8/28/06, dispositive motions due 9/26/06. Signed by Judge Deborah K. Chasanow on 4/28/06. (Chasanow, Deborah) (Entered: 04/28/2006)

April 28, 2006

April 28, 2006

PACER

Settlement Conference held on 5/24/2006 before Judge Charles B. Day. (bab, Chambers)

May 24, 2006

May 24, 2006

PACER
79

Intervenor COMPLAINT, filed by United States of America. (Attachments: # 1 Notice# 2 Wavier of Service of Summons# 3 Text of Proposed Order # 4 Civil Cover Sheet)(elt, Deputy Clerk) (Entered: 07/17/2006)

1 Notice

View on PACER

2 Wavier of Service of Summons

View on PACER

3 Text of Proposed Order

View on PACER

4 Civil Cover Sheet

View on PACER

July 17, 2006

July 17, 2006

PACER
80

Consent MOTION to Intervene as of Right or, Alternatively, to Intervene by Permission by United States of America. (Attachments: # 1 Memorandum in Support)(elt, Deputy Clerk) (Entered: 07/17/2006)

1 Memorandum in Support

View on PACER

July 17, 2006

July 17, 2006

PACER
81

Consent Decree by United States of America (Attachments: # 1 Exhibit 1# 2 Exhibit 2)(elt, Deputy Clerk) (Entered: 07/17/2006)

1 Exhibit 1

View on PACER

2 Exhibit 2

View on PACER

July 17, 2006

July 17, 2006

PACER
82

CERTIFICATE OF SERVICE by United States of America (elt, Deputy Clerk) (Entered: 07/17/2006)

July 17, 2006

July 17, 2006

PACER
83

PAPERLESS ORDER GRANTING 80 Consent Motion to Intervene. Signed by Judge Deborah K. Chasanow on 7/20/06. (Chasanow, Deborah) (Entered: 07/20/2006)

July 20, 2006

July 20, 2006

PACER
84

PAPERLESS ORDER CONFIRMING that a telephone conference with counsel is scheduled Monday, July 31, 2006, at 5:00 p.m. Chambers will initiate the conference call. Signed by Judge Deborah K. Chasanow on 7/24/06. (Chasanow, Deborah) (Entered: 07/24/2006)

July 24, 2006

July 24, 2006

PACER
85

REQUEST and ORDER "ENTERING" the appearance of Robert J. Mather on behalf of a Federal Government Agency. Signed by the Clerk on 7/28/06. (c/m 7/31/06 rk) (rank, Deputy Clerk) (Entered: 07/31/2006)

July 28, 2006

July 28, 2006

PACER
86

Intervenor COMPLAINT, filed by United States of America. (Attachments: # 1 # 2)(Mather, Robert) (Entered: 07/31/2006)

July 31, 2006

July 31, 2006

PACER
87

WAIVER OF SERVICE Returned Executed by United States of America. Dimensions Health Corporation waiver sent on 7/31/2006, answer due 9/29/2006. (Attachments: # 1 # 2)(Mather, Robert) (Entered: 07/31/2006)

July 31, 2006

July 31, 2006

PACER

Telephone Conference held on 7/31/2006 before Judge Deborah K. Chasanow. (td, Deputy Clerk)

July 31, 2006

July 31, 2006

PACER
88

REQUEST and ORDER "ENTERING" the appearance of Kathleen S. Devine on behalf of a Federal Government Agency. Signed by the Clerk on 7/31/06. (c/m 8/1/06 rk) (rank, Deputy Clerk) (Entered: 08/01/2006)

July 31, 2006

July 31, 2006

PACER
89

ORDER APPROVING 81 Consent Decree. Signed by Judge Deborah K. Chasanow on 8/8/06. (Chasanow, Deborah) (Entered: 08/08/2006)

Aug. 8, 2006

Aug. 8, 2006

PACER
90

Consent MOTION to Dismiss W/ PREJUDICE by Elizabeth Gillespie. Responses due by 8/28/2006 (Wiener, Lewis) (Entered: 08/09/2006)

Aug. 9, 2006

Aug. 9, 2006

PACER
91

PAPERLESS ORDER GRANTING 90 Consent Motion to Dismiss, DISMISSING this case with prejudice, and DIRECTING the Clerk of Court to CLOSE this case. Signed by Judge Deborah K. Chasanow on 8/10/06. (Chasanow, Deborah) (Entered: 08/10/2006)

Aug. 10, 2006

Aug. 10, 2006

PACER
92

REQUEST and ORDER "ENTERING" the appearance of Robert J. Mather on behalf of a FEderal Government Agency. Signed by the Clerk on 7/28/06. (c/m 8/21/06 rk) (rank, Deputy Clerk) (Entered: 08/21/2006)

Aug. 21, 2006

Aug. 21, 2006

PACER
93

NOTICE by Dimensions Health Corporation of Withdrawal of Appearance (White, Pamela) (Entered: 01/25/2007)

Jan. 25, 2007

Jan. 25, 2007

PACER

Case Details

State / Territory: Maryland

Case Type(s):

Disability Rights

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Jan. 11, 2005

Closing Date: 2006

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Deaf individuals who have sought and received medical treatment at Laurel Hospital.

Plaintiff Type(s):

U.S. Dept of Justice plaintiff

Private Plaintiff

Attorney Organizations:

Washington Lawyers' Committee

U.S. Dept. of Justice Civil Rights Division

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Dimensions Health Corporation, Private Entity/Person

Defendant Type(s):

Hospital/Health Department

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

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 2006 - None

Content of Injunction:

Discrimination Prohibition

Issues

General:

Failure to train

TTY/Close Captioning/Videophone/etc.

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

Hearing impairment

Type of Facility:

Non-government for-profit