Case: Steimel v. Minott

1:13-cv-00957 | U.S. District Court for the Southern District of Indiana

Filed Date: June 14, 2013

Closed Date: 2016

Clearinghouse coding complete

Case Summary

On June 14, 2013, a disabled adult beneficiary of a state-run Medicaid waiver program who was also on a waitlist for another Medicaid waiver program filed this lawsuit in the U.S. District Court for the Southern District of Indiana. The plaintiff sued the Secretary of the Indiana Family and Social Services Administration and two heads of divisions of that agency in their official capacities under the Medicaid Act, 42 U.S.C. § 1396a(a)(3), 42 U.S.C. § 1983, Americans with Disabilities Act, 29 U.…

On June 14, 2013, a disabled adult beneficiary of a state-run Medicaid waiver program who was also on a waitlist for another Medicaid waiver program filed this lawsuit in the U.S. District Court for the Southern District of Indiana. The plaintiff sued the Secretary of the Indiana Family and Social Services Administration and two heads of divisions of that agency in their official capacities under the Medicaid Act, 42 U.S.C. § 1396a(a)(3), 42 U.S.C. § 1983, Americans with Disabilities Act, 29 U.S.C. § 794, et seq. and Section 504 of the Rehabilitation Act, 42 U.S.C. § 12101, et seq. The plaintiff, represented by the ACLU of Indiana, asked the court for both declaratory and injunctive relief, attorney's fees and costs, and class action certification.

The plaintiff alleged that the defendant violated 42 U.S.C. § 1983, the "integration mandate" of the Americans with Disabilities Act, and Section 504 of the Rehabilitation Act by changing its eligibility requirements for Medicaid waiver programs and by not allowing an appeal from the policy change as required by the Medicaid Act, 42 U.S.C. § 1396a(a)(3). Specifically, the plaintiff claimed that the defendant [1] removed the waitlist for the Indiana's Community Integration and Habilitation Medicaid Waiver Program and established new "priority criteria" that limited access to the program that many and [2] instituted a new policy for Indiana's Aged and Disabled Medicaid Waiver Program and its Traumatic Brain Injury Medicaid Waiver Program require recipients to require "a nursing facility level of care." The plaintiff claimed both of these actions violated the "integration mandate" because they deprived disabled persons of the assistance they need to be integrated into the community. The plaintiff further claimed that the defendant failed to inform plaintiff that she could appeal her removal from the waitlist under the Medicaid Act and that the defendant provided no means for securing such an appeal.

On June 14, 2013, the plaintiff moved to have the case certified as a class action. That same day, the plaintiff also filed a motion for a preliminary injunction requesting that defendant be enjoined from removing plaintiff from the Aged and Disabled Medicaid Waiver Program pending further order of the court. The preliminary injunction was withdrawn without prejudice on September 23, 2013.

On March 24, 2014, the court denied the plaintiffs' motion for class certification. 2014 WL 1213390 (S.D. Ind. Mar. 24, 2014).

On June 26, 2014, the court dismissed the original named plaintiff's individual claims because they had become moot--she received a waiver--but she still retained the right to appeal the denial of class certification. The individual claims of intervening plaintiffs still remained.

Later in 2014, the defendants and the plaintiffs both moved for summary judgment. On Mar 27, 2015, the US filed a statement of interest in opposition to the defendants' motion for summary judgment. In May 2015, the court heard oral argument on the motions for summary judgment.

On May 28, 2015, the court dismissed another one of the individual plaintiff's claims because they had become moot--he received a waiver. He also reserved the right to appeal the denial of class certification.

On June 9, 2015, the court granted summary judgment to the defendants. The court concluded that the plaintiffs’ integration mandate claims were not ripe for review. The integration mandate focuses on the setting in which services are administered, not the amount of services received. The plaintiffs did not contend that the setting in which they received services had changed as a result of Indiana's policy change.

Subsequently, the plaintiffs appealed the denial of class certification, the dismissal of the individual plaintiffs, and the grant of summary judgment to the Seventh Circuit. On May 10, 2016, the Seventh Circuit reversed the summary judgement and affirmed denial of class certification. The court found that the State's narrow reading of integration mandate was unwarranted and that there was no reason to interpret it as only applying to "claims by people who literally have been institutionalized." The court held that "setting" does not necessarily refer merely to physical structures, finding that the text of the statute does not compel such a restrictive interpretation and that the integration mandate's protection would be undermined "if plaintiffs were required to segregate themselves by entering an institution before they could challenge an allegedly discriminatory law or policy that threatens to force them into segregated isolation." Indeed, the court pointed out that Indiana's institutions do not have capacity for most people who could be institutionalized. The court also pointed to the purpose of the ADA, which was to prevent outright discrimination. Ultimately, the court held that "the integration mandate is implicated where the state’s policies have either (1) segregated persons with disabilities within their homes, or (2) put them at serious risk of institutionalization." 823 F.3d 902.

The case then returned to the district court for further proceedings. On December 19, 2016, the parties filed a stipulation for dismissal after having reached a settlement, and the court ordered the case dismissed with prejudice the next day. The settlement agreement is not currently available. The case is now closed.

Summary Authors

Brian Kempfer (10/25/2013)

Jessica Kincaid (2/27/2016)

Virginia Weeks (3/17/2018)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5058572/parties/steimel-v-minott/


Judge(s)

Dinsmore, Mark. J. (Indiana)

Kanne, Michael Stephen (Indiana)

Magnus-Stinson, Jane Elizabeth (Indiana)

Attorney for Plaintiff
Attorney for Defendant

Hurley, Ryan Michael (Indiana)

Mappes, Harmony A. (Indiana)

Expert/Monitor/Master/Other
Judge(s)

Dinsmore, Mark. J. (Indiana)

Kanne, Michael Stephen (Indiana)

Magnus-Stinson, Jane Elizabeth (Indiana)

Rovner, Ilana Kara Diamond (Illinois)

Wood, Diane Pamela (Illinois)

Attorney for Plaintiff

show all people

Documents in the Clearinghouse

Document

1:13-cv-00957

Docket [PACER]

Dec. 20, 2016

Dec. 20, 2016

Docket
1

1:13-cv-00957

Complaint

June 14, 2013

June 14, 2013

Complaint
26

1:13-cv-00957

Order [Withdrawal of Motion for Preliminary Injunction]

Sept. 23, 2013

Sept. 23, 2013

Order/Opinion
112

1:13-cv-00957

Order

March 24, 2014

March 24, 2014

Order/Opinion

2014 WL 2014

128

1:13-cv-00957

Order

June 26, 2014

June 26, 2014

Order/Opinion
167

1:13-cv-00957

Order

June 9, 2015

June 9, 2015

Order/Opinion

2015 WL 2015

183

1:13-cv-00957

Final Judgment

Steimel v. Maertz

U.S. Court of Appeals for the Seventh Circuit

June 1, 2016

June 1, 2016

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5058572/steimel-v-minott/

Last updated Feb. 10, 2024, 3:07 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT for Declaratory and Injunctive Relief (Class Action) against All Defendants, filed by All Plaintiffs. (Filing fee $400, receipt number 0756−2711386) (Attachments: # 1 Exhibit 1 (Targeting Letter to CIH Waiver Recipients), # 2 Exhibit 2 (FSSA Webinar), # 3 Exhibit 3 (2011 Policy Change), # 4 Exhibit 4 (2006 Policy Statement), # 5 Exhibit 5 (Eligibility Screen), # 6 Exhibit 6 (K. Steimel Targeting Letter), # 7 Exhibit 7 (K. Steimel Eligibility Screen), # 8 Exhibit 8 (K. Steimel ICF/ID Eligibility), # 9 Civil Cover Sheet, # 10 Proposed Summons)(Rose, Gavin) (Entered: 06/14/2013)

June 14, 2013

June 14, 2013

3

MOTION to Certify Class , filed by Plaintiff KARLA STEIMEL. (Rose, Gavin) (Entered: 06/14/2013)

June 14, 2013

June 14, 2013

4

BRIEF/MEMORANDUM in Support re 3 MOTION to Certify Class , filed by Plaintiff KARLA STEIMEL. (Rose, Gavin) (Entered: 06/14/2013)

June 14, 2013

June 14, 2013

5

MOTION for Preliminary Injunction , filed by Plaintiff KARLA STEIMEL. (Rose, Gavin) (Entered: 06/14/2013)

June 14, 2013

June 14, 2013

6

Summons Issued as to FAITH LAIRD, DEBRA MINOTT, NICOLE NORVELL. (LBT) (Entered: 06/17/2013)

June 17, 2013

June 17, 2013

7

MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (LBT) (Entered: 06/17/2013)

June 17, 2013

June 17, 2013

8

SCHEDULING ORDER: Pretrial Conference set for 6/27/2013 at 10:00 AM in room #257, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Magistrate Judge Mark J. Dinsmore. The purpose of the conference is to discuss a schedule regarding the Motion for Preliminary Injunction [Dkt. 5]. Counsel for Plaintiff and Defendants, either in person or by counsel if represented, shall personally appear. Counsel for Plaintiff is to serve this order on Defendants on or before June 21, 2013. Signed by Magistrate Judge Mark J. Dinsmore on 6/18/2013.(NLR) (Entered: 06/18/2013)

June 18, 2013

June 18, 2013

9

MOTION for Discovery (Expedited) , filed by Plaintiff KARLA STEIMEL. (Attachments: # 1 Text of Proposed Order)(Rose, Gavin) (Entered: 06/19/2013)

June 19, 2013

June 19, 2013

10

BRIEF/MEMORANDUM in Support re 5 MOTION for Preliminary Injunction , filed by Plaintiff KARLA STEIMEL. (Rose, Gavin) (Entered: 06/19/2013)

June 19, 2013

June 19, 2013

11

NOTICE of Compliance with Scheduling Order of June 18, 2013 , filed by Plaintiff KARLA STEIMEL (Rose, Gavin) (Entered: 06/19/2013)

June 19, 2013

June 19, 2013

12

RETURN of Service by CMRRR, filed by All Plaintiffs. DEBRA MINOTT served on 6/18/2013. (Rose, Gavin) (Entered: 06/19/2013)

June 19, 2013

June 19, 2013

13

RETURN of Service by CMRRR, filed by All Plaintiffs. NICOLE NORVELL served on 6/18/2013. (Rose, Gavin) (Entered: 06/19/2013)

June 19, 2013

June 19, 2013

14

RETURN of Service by CMRRR, filed by All Plaintiffs. FAITH LAIRD served on 6/18/2013. (Rose, Gavin) (Entered: 06/19/2013)

June 19, 2013

June 19, 2013

15

NOTICE of Appearance by Harmony A. Mappes on behalf of Defendants FAITH LAIRD, DEBRA MINOTT, NICOLE NORVELL. (Mappes, Harmony) (Entered: 06/24/2013)

June 24, 2013

June 24, 2013

16

NOTICE of Appearance by Ryan Michael Hurley on behalf of Defendants FAITH LAIRD, DEBRA MINOTT, NICOLE NORVELL. (Hurley, Ryan) (Entered: 06/24/2013)

June 24, 2013

June 24, 2013

17

Joint MOTION to Stay Proceedings Temporarily and to Vacate or Continue Pretrial Conference , filed by Defendants FAITH LAIRD, DEBRA MINOTT, NICOLE NORVELL, Plaintiff KARLA STEIMEL. (Attachments: # 1 Text of Proposed Order)(Rose, Gavin) (Entered: 06/25/2013)

June 25, 2013

June 25, 2013

18

ORDER granting 17 Motion to Stay proceedings to and including 8/26/2013 and that parties shall file a Status Report on or before that date concerning which further steps, if any, they believe necessary in this case. The PTC currently scheduled for 6/27/2013 is hereby vacated. Signed by Judge Jane Magnus−Stinson on 6/25/2013.(CBU) (Entered: 06/25/2013)

June 25, 2013

June 25, 2013

19

MARGINAL ENTRY denying w/o prejudice Pltf's 9 Motion for Expedited Discovery. Signed by Magistrate Judge Mark J. Dinsmore on 7/5/2013. (SWM) (Entered: 07/05/2013)

July 5, 2013

July 5, 2013

20

STATUS REPORT (Joint) by All Parties. (Attachments: # 1 Text of Proposed Order)(Rose, Gavin) (Entered: 08/23/2013)

Aug. 23, 2013

Aug. 23, 2013

22

ORDER Extending Stay − IT IS HEREBY ORDERED that this cause shall remain stayed for a period of time to and including October 25, 2013, at which time the stay shall expire automatically. IT IS FURTHER ORDERED that the parties shall jointly file a status report on or before October 25, 2013, concerning the status of settlement negotiations in this cause, or at such time as the magistrate judge may order at the upcoming status conference. Signed by Judge Jane Magnus−Stinson on 8/28/2013. (JKS) (Entered: 08/28/2013)

Aug. 28, 2013

Aug. 28, 2013

24

MOTION to Withdraw 5 MOTION for Preliminary Injunction , filed by Plaintiff KARLA STEIMEL. (Attachments: # 1 Text of Proposed Order)(Rose, Gavin) (Entered: 09/20/2013)

Sept. 20, 2013

Sept. 20, 2013

25

MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Status Conference held on 9/19/2013. The parties report they are continuing to discuss a possible resolution of this matter. They further report that Plaintiff will be filing a motion to withdraw the pending motion for preliminary injunction. Initial Pretrial Conference set for 10/24/2013 at 03:20 PM in room #257, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Magistrate Judge Mark J. Dinsmore. ***SEE ORDER FOR ADDITIONAL INFORMATION***. Signed by Magistrate Judge Mark J. Dinsmore. (NLR) (Entered: 09/23/2013)

Sept. 23, 2013

Sept. 23, 2013

26

ORDER withdrawing 5 Motion for Preliminary Injunction and granting 24 Motion to Withdraw motion for prel injunction. Signed by Magistrate Judge Mark J. Dinsmore on 9/23/2013. (CBU) (Entered: 09/23/2013)

Sept. 23, 2013

Sept. 23, 2013

27

CASE MANAGEMENT PLAN TENDERED, filed by Defendants FAITH LAIRD, DEBRA MINOTT, NICOLE NORVELL, Plaintiff KARLA STEIMEL . (Rose, Gavin) (Entered: 10/17/2013)

Oct. 17, 2013

Oct. 17, 2013

28

MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Initial Pretrial Conference held on 10/24/2013. The parties appeared by counsel for an Initial Pretrial Conference. The Court will approve the Case Management Plan, by separate order, with the changes to which the parties have agreed.Defendant contends this matter should be dismissed and discovery herein stayed pending a ruling on Defendant's motion to dismiss. However, the pendency of Plaintiff's Motion for Class Certification [Dkt. 3] will not allow the Court to accommodate that request. Accordingly, the Court orders as follows: 1.Defendant shall respond to Plaintiff's Complaint (the Court anticipates a motion to dismiss will be filed) on or before November 1, 2013. Plaintiff shall respond to such motion on or before November 8, 2013 and Defendant shall file any reply in support of the motion on or before November 14, 2013. 2. Any prior stays of this matter are lifted and discovery in this matter shall proceed forthwith. To facilitate the discovery process, any responses to interrogatories, requests for production and/or requests for admission under Rules 33, 34 and/or 36 shall be served within 25 days after the request is served (the Court anticipates that the 3 additional days provided by Rule 6(d) will still apply when appropriate). Any written discovery and any responses thereto shall be served by either hand delivery or electronic mail with telephonic confirmation of receipt. Any voluminous documents produced that are not susceptible to transmission by electronic mail shall be produced by hand delivery or via an overnight delivery service. In the event either party files a motion to stay discovery, discovery shall not be stayed and shall proceed pursuant to this order until an order on such motion is issued. Likewise, no discovery deadlines stall be extended unless an order to that effect has been sought and obtained prior to the expiration of the deadline. 3. Plaintiff shall file a supplemental brief in support of her Motion for Class Certification [Dkt. 3] on or before January 24, 2014. Defendant shall respond to that motion on or before February 11, 2014 and Plaintiff shall file any reply in support of the motion on or before February 18,2014. 4.The requirement in Dkt. No. 22 for the parties to file a status report on or before October 25, 2013 is hereby VACATED. Status Conference set for ***See Order For Additional Information***. Signed by Magistrate Judge Mark J. Dinsmore. (NLR) (Entered: 10/25/2013)

Oct. 25, 2013

Oct. 25, 2013

29

ORDER: CASE MANAGEMENT PLAN APPROVED AS AMENDED − Discovery due by 8/8/2014. Dispositive Motions due by 9/5/2014. *SEE ORDER*. Signed by Magistrate Judge Mark J. Dinsmore on 10/25/2013.(JD) (Entered: 10/25/2013)

Oct. 25, 2013

Oct. 25, 2013

30

MOTION to Dismiss for Lack of Jurisdiction − Subject Matter , filed by Defendants FAITH LAIRD, DEBRA MINOTT, NICOLE NORVELL. (Attachments: # 1 Affidavit Luchauer Declaration, # 2 Exhibit 1 − Case Notes Excerpt)(Mappes, Harmony) (Entered: 11/01/2013)

Nov. 1, 2013

Nov. 1, 2013

31

BRIEF/MEMORANDUM in Support re 30 MOTION to Dismiss for Lack of Jurisdiction − Subject Matter , filed by Defendants FAITH LAIRD, DEBRA MINOTT, NICOLE NORVELL. (Attachments: # 1 Luchauer Declaration, # 2 Exhibit A − Case Notes Excerpt)(Mappes, Harmony) (Entered: 11/01/2013)

Nov. 1, 2013

Nov. 1, 2013

32

MOTION to Stay Discovery , filed by Defendants FAITH LAIRD, DEBRA MINOTT, NICOLE NORVELL. (Mappes, Harmony) (Entered: 11/01/2013)

Nov. 1, 2013

Nov. 1, 2013

33

BRIEF/MEMORANDUM in Support re 32 MOTION to Stay Discovery , filed by Defendants FAITH LAIRD, DEBRA MINOTT, NICOLE NORVELL. (Attachments: # 1 Exhibit A − Requests for Production, # 2 Exhibit B − Interrogatories, # 3 Exhibit C − Waschevski Declaration)(Mappes, Harmony) (Entered: 11/01/2013)

Nov. 1, 2013

Nov. 1, 2013

34

SCHEDULING ORDER: This cause comes before the court on Defendants' Motion to Stay Discovery [Dkt. 32]. Plaintiff's brief in response to said motion shall be filed by no later than November 8, 2013. Defendants' brief in reply to said motion shall be filed by nolater than November 14, 2013. Signed by Magistrate Judge Mark J. Dinsmore on 11/5/2013.(CKM) (Entered: 11/05/2013)

Nov. 5, 2013

Nov. 5, 2013

35

MOTION for Extension of Time to 1/24/2014 to file response to 30 MOTION to Dismiss for Lack of Jurisdiction − Subject Matter (Conditional Motion) , filed by Plaintiff KARLA STEIMEL. (Attachments: # 1 Affidavit of Counsel)(Rose, Gavin) (Entered: 11/08/2013)

Nov. 8, 2013

Nov. 8, 2013

36

RESPONSE in Opposition re 30 MOTION to Dismiss for Lack of Jurisdiction − Subject Matter , 32 MOTION to Stay Discovery , 35 MOTION for Extension of Time to 1/24/2014 to file response to 30 MOTION to Dismiss for Lack of Jurisdiction − Subject Matter (Conditional Motion) (Response in Opposition to ECF Nos. 30 & 32; Memo. in Support of ECF No. 35) , filed by Plaintiff KARLA STEIMEL. (Attachments: # 1 Exhibit 1 (Aff. of Karla Steimel), # 2 Exhibit 2 (CIH Waiver Document))(Rose, Gavin) (Entered: 11/08/2013)

Nov. 8, 2013

Nov. 8, 2013

37

REPLY in Support of Motion re 30 MOTION to Dismiss for Lack of Jurisdiction − Subject Matter , filed by Defendants FAITH LAIRD, DEBRA MINOTT, NICOLE NORVELL. (Mappes, Harmony) (Entered: 11/14/2013)

Nov. 14, 2013

Nov. 14, 2013

38

REPLY in Support of Motion re 32 MOTION to Stay Discovery , filed by Defendants FAITH LAIRD, DEBRA MINOTT, NICOLE NORVELL. (Mappes, Harmony) (Entered: 11/14/2013)

Nov. 14, 2013

Nov. 14, 2013

39

RESPONSE in Opposition re 35 MOTION for Extension of Time to 1/24/2014 to file response to 30 MOTION to Dismiss for Lack of Jurisdiction − Subject Matter (Conditional Motion) , filed by Defendants FAITH LAIRD, DEBRA MINOTT, NICOLE NORVELL. (Mappes, Harmony) (Entered: 11/14/2013)

Nov. 14, 2013

Nov. 14, 2013

41

WITHDRAWN PER DKT. 43 STIPULATION of Protective Order Governing Confidential Health Information , filed by Defendants FAITH LAIRD, DEBRA MINOTT, NICOLE NORVELL, Plaintiff KARLA STEIMEL. (Mappes, Harmony) Modified on 11/27/2013 (NLR). (Entered: 11/26/2013)

Nov. 26, 2013

Nov. 26, 2013

42

MOTION for Protective Order Governing Confidential Health Information , filed by Defendants FAITH LAIRD, DEBRA MINOTT, NICOLE NORVELL. (Attachments: # 1 Text of Proposed Order)(Mappes, Harmony) (Entered: 11/27/2013)

Nov. 27, 2013

Nov. 27, 2013

43

MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Status Conference held on 11/27/2013. The parties reported on the status of discovery and are working through some issues relating to production of certain information. The parties further discussed their stipulated protective order [Dkt. 41] and have agreed to withdraw it. Accordingly, the Clerk is directed to show Dkt. 41 as withdrawn. Status Conference set for 12/13/2013 at 04:00 PM in Telephonic before Magistrate Judge Mark J. Dinsmore. ****See Order For Addtional Information***. Signed by Magistrate Judge Mark J. Dinsmore. (NLR) (Entered: 11/27/2013)

Nov. 27, 2013

Nov. 27, 2013

44

ORDER granting 42 Motion for Protective Order. Signed by Magistrate Judge Mark J. Dinsmore on 11/27/2013. (CBU) (Entered: 11/27/2013)

Nov. 27, 2013

Nov. 27, 2013

46

MOTION to Supplement Record Concerning Motion to Dismiss , filed by Plaintiff KARLA STEIMEL. (Attachments: # 1 Exhibit Steimel Case Note (6/6/2013), # 2 Text of Proposed Order)(Rose, Gavin) (Entered: 12/12/2013)

Dec. 12, 2013

Dec. 12, 2013

47

RESPONSE in Opposition re 46 MOTION to Supplement Record Concerning Motion to Dismiss , filed by Defendants FAITH LAIRD, DEBRA MINOTT, NICOLE NORVELL. (Mappes, Harmony) (Entered: 12/18/2013)

Dec. 18, 2013

Dec. 18, 2013

48

REPLY in Support of Motion re 46 MOTION to Supplement Record Concerning Motion to Dismiss , filed by Plaintiff KARLA STEIMEL. (Rose, Gavin) (Entered: 12/19/2013)

Dec. 19, 2013

Dec. 19, 2013

49

ORDER: GRANTED 46 Motion to Supplement Record Concerning Motion to Dismiss. IT IS THEREFORE ORDERED that the plaintiffs are granted leave to supplement the record concerning the defendants' Motion to Dismiss for Lack of Subject Matter Jurisdiction, and that the "case note" attached to the plaintiffs' Motion is hereby admitted into the record and shall be considered in resolving the motion to dismiss. The Court now considers the Defendants previously filed Motion to Dismiss [dkt. 30] fully briefed. Signed by Judge Jane Magnus−Stinson on 12/20/2013. (DW) (Entered: 12/20/2013)

Dec. 20, 2013

Dec. 20, 2013

50

MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Status Conference held on 12/13/2013. The parties reported on the status of discovery. A discussion was further held regarding Plaintiff's Motion to Supplement the Record [Dkt. 46]. After the call counsel for Defendant contacted the Court and reported they would not be objecting to Dkt. 46, but would file a response to Plaintiff's supplemental information, which response was filed at Dkt. 47. Plaintiff'sreply in support of her supplemental information was filed at Dkt. 48. Status Conference set for 12/30/2013 at 10:40 AM in Telephonic before Magistrate Judge Mark J. Dinsmore. ***See Order For Additional Information***. Signed by Magistrate Judge Mark J. Dinsmore. (NLR) (Entered: 12/23/2013)

Dec. 23, 2013

Dec. 23, 2013

52

MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Status Conference held on 12/30/2013. The parties discussed the status of discovery and the deadline for Plaintiff to file her amended brief in support of class certification, which she intends to meet. Status Conference set for 2/18/2014 at 03:00 PM in Telephonic before Magistrate Judge Mark J. Dinsmore. ***See Order For Additional Information***. Signed by Magistrate Judge Mark J. Dinsmore. (NLR) (Entered: 01/02/2014)

Jan. 2, 2014

Jan. 2, 2014

53

NOTICE of Service of Initial Disclosures , filed by Plaintiff KARLA STEIMEL. (Rose, Gavin) (Entered: 01/10/2014)

Jan. 10, 2014

Jan. 10, 2014

54

MOTION for Continuance of Pretrial Conference Scheduled for February 18, 2014 , filed by Plaintiff KARLA STEIMEL. (Attachments: # 1 Text of Proposed Order)(Rose, Gavin) (Entered: 01/14/2014)

Jan. 14, 2014

Jan. 14, 2014

55

Unopposed MOTION for Extension of Time to 01/24/2014 to File Preliminary Witness and Exhibit Lists , filed by Plaintiff KARLA STEIMEL. (Attachments: # 1 Text of Proposed Order)(Rose, Gavin) (Entered: 01/14/2014)

Jan. 14, 2014

Jan. 14, 2014

56

ORDER granting 54 Motion for Continuance − The telephonic pretrial conference currently scheduled for 3:00 p.m. on February 18, 2014, is hereby continued to 3:00 p.m. on February 24, 2014. All other requirements of the Court's order dated 12/23/13 [Dkt. 50 ] remain in full force and effect. Signed by Magistrate Judge Mark J. Dinsmore on 1/14/2014.(JD) (Entered: 01/15/2014)

Jan. 14, 2014

Jan. 14, 2014

58

Designation of Evidence re 3 MOTION to Certify Class , filed by Plaintiff KARLA STEIMEL. (Attachments: # 1 Exhibit 1 (Dep. of Vickie Trout), # 2 Exhibit 2 (Dep. of Debbie Pierson), # 3 Exhibit 3 (Dep. of Karen Smith−Filler), # 4 Exhibit 4 (Dep. of Matt Rodway), # 5 Exhibit 5 (Selected Dep. Exhs.) (1 of 5), # 6 Exhibit 5 (2 of 5), # 7 Exhibit 5 (3 of 5), # 8 Exhibit 5 (4 of 5), # 9 Exhibit 5 (5 of 5), # 10 Exhibit 6 (Interr. Responses), # 11 Exhibit 7 (Case Files − Terminated from A&D) (Filed Under Seal), # 12 Exhibit 8 (Case Files − Enrolled in A&D) (Filed Under Seal), # 13 Exhibit 9 (Case Files − Enrolled in CIH) (Filed Under Seal), # 14 Exhibit 10 (Aff. of Karla Steimel), # 15 Exhibit 11 (Aff. of Tamara Awald), # 16 Exhibit 12 (Aff. of Francesca Kemp), # 17 Exhibit 13 (Aff. of Lori Coldiron), # 18 Exhibit 14 (Aff. of Arlene Beckem−Reid), # 19 Exhibit 15 (Aff. of Rebecca Whaley), # 20 Exhibit 16 (Aff. of Angela Thompson), # 21 Exhibit 17 (Aff. of Sheila Walters), # 22 Exhibit 18 (Demonstr. Exh. 1 − Cross−Referencing of Clients) (Filed Under Seal), # 23 Exhibit 19 (Demonstr. Exh. 2 − Terminated from A&D Waiver) (Filed Under Seal), # 24 Exhibit 20 (Demonstr. Exh. 3 − Enrolled in A&D Waiver) (Filed Under Seal))(Rose, Gavin) (Entered: 01/24/2014)

Jan. 24, 2014

Jan. 24, 2014

59

SEALED Evidentiary Materials , re 58 Designation of Evidence re 3 Motion to Certify Class, filed by Plaintiff KARLA STEIMEL. (Attachments: # 1 Exhibit 5 (Selected Dep. Exhs.) (1 of 2), # 2 Exhibit 5 (2 of 2), # 3 Exhibit 7 (Case Files − Terminated from A&D) (1 of 19), # 4 Exhibit 7 (2 of 19), # 5 Exhibit 7 (3 of 19), # 6 Exhibit 7 (4 of 19), # 7 Exhibit 7 (5 of 19), # 8 Exhibit 7 (6 of 19), # 9 Exhibit 7 (7 of 19), # 10 Exhibit 7 (8 of 19), # 11 Exhibit 7 (9 of 19), # 12 Exhibit 7 (10 of 19), # 13 Exhibit 7 (11 of 19), # 14 Exhibit 7 (12 of 19), # 15 Exhibit 7 (13 of 19), # 16 Exhibit 7 (14 of 19), # 17 Exhibit 7 (15 of 19), # 18 Exhibit 7 (16 of 19), # 19 Exhibit 7 (17 of 19), # 20 Exhibit 7 (18 of 19), # 21 Exhibit 7 (19 of 19), # 22 Exhibit 8 (Case Files − Enrolled in A&D) (1 of 12), # 23 Exhibit 8 (2 of 12), # 24 Exhibit 8 (3 of 12), # 25 Exhibit 8 (4 of 12), # 26 Exhibit 8 (5 of 12), # 27 Exhibit 8 (6 of 12), # 28 Exhibit 8 (7 of 12), # 29 Exhibit 8 (8 of 12), # 30 Exhibit 8 (9 of 12), # 31 Exhibit 8 (10 of 12), # 32 Exhibit 8 (11 of 12), # 33 Exhibit 8 (12 of 12), # 34 Exhibit 9 (Case Files − Enrolled in CIH) (1 of 4), # 35 Exhibit 9 (2 of 4), # 36 Exhibit 9 (3 of 4), # 37 Exhibit 9 (4 of 4), # 38 Exhibit 18 (Demonstr. Exh. 1 − Cross−Referencing of Clients), # 39 Exhibit 19 (Demonstr. Exh. 2 − Terminated from A&D Waiver), # 40 Exhibit 20 (Demonstr. Exh. 3 − Enrolled in A&D Waiver))(Rose, Gavin) Modified on 1/24/2014 (JKS). (Entered: 01/24/2014)

Jan. 24, 2014

Jan. 24, 2014

60

MOTION to Amend/Correct Definition of Proposed Class , filed by Plaintiff KARLA STEIMEL. (Attachments: # 1 Text of Proposed Order)(Rose, Gavin) (Entered: 01/24/2014)

Jan. 24, 2014

Jan. 24, 2014

61

Unopposed MOTION for Extension of Time to January 31, 2014 to File Preliminary Witness and Exhibit Lists , filed by Defendants FAITH LAIRD, DEBRA MINOTT, NICOLE NORVELL. (Attachments: # 1 Text of Proposed Order)(Mappes, Harmony) (Entered: 01/24/2014)

Jan. 24, 2014

Jan. 24, 2014

62

***STRICKEN PER 71 ORDER*** BRIEF/MEMORANDUM in Support re 3 MOTION to Certify Class (Supplemental Memorandum) (Redacted Version) , filed by Plaintiff KARLA STEIMEL. (Rose, Gavin) Modified on 1/30/2014 (DW). (Entered: 01/24/2014)

Jan. 24, 2014

Jan. 24, 2014

63

***STRICKEN PER 71 ORDER*** SEALED (Supplemental Class Memorandum) (Unredacted) , re 62 Brief/Memorandum in Support of Motion, filed by Plaintiff KARLA STEIMEL. (Rose, Gavin) Modified on 1/30/2014 (DW). (Entered: 01/24/2014)

Jan. 24, 2014

Jan. 24, 2014

64

***STRICKEN PER 71 ORDER*** NOTICE of Tender of Supplemental Response in Opposition to Motion to Dismiss , filed by Plaintiff KARLA STEIMEL, re 30 MOTION to Dismiss for Lack of Jurisdiction − Subject Matter . (Attachments: # 1 Exhibit (Supplemental Memorandum in Opposition to Motion to Dismiss)) (Rose, Gavin) Modified on 1/30/2014 (DW). (Entered: 01/24/2014)

Jan. 24, 2014

Jan. 24, 2014

65

***STRICKEN PER 71 ORDER*** SEALED Notice of Tender of Supplemental Response in Opposition to Motion to Dismiss , re 64 Notice (Other), filed by Plaintiff KARLA STEIMEL. (Attachments: # 1 Exhibit (Supplemental Memorandum in Opposition to Motion to Dismiss))(Rose, Gavin) Modified on 1/30/2014 (DW). (Entered: 01/24/2014)

Jan. 24, 2014

Jan. 24, 2014

66

Witness List (Preliminary) , filed by Plaintiff KARLA STEIMEL, Exhibit List (Preliminary) , filed by Plaintiff KARLA STEIMEL. (Rose, Gavin) (Entered: 01/24/2014)

Jan. 24, 2014

Jan. 24, 2014

67

ORDER granting 61 Defendant's Motion for Extension of Time to File to 01/31/2014 to file preliminary witness and exhibit lists. Signed by Judge Jane Magnus−Stinson on 1/27/2014. (MRI) (Entered: 01/27/2014)

Jan. 27, 2014

Jan. 27, 2014

68

SCHEDULING ORDER − This matter is set for a telephone status conference on Thursday, January 30, 2014 at 11:20 a.m. Counsel shall attend the conference by calling the designated phone number, to be provided by the Court via email generated by the Court's ECF system. Signed by Magistrate Judge Mark J. Dinsmore on 1/27/2014. (JD) (Entered: 01/27/2014)

Jan. 27, 2014

Jan. 27, 2014

70

SCHEDULING ORDER: This cause is set for a Hearing on Defendants Debra Minott, Nicole Norvell, and Faith Laird's Motion To Dismiss For Lack of Subject Matter Jurisdiction [dkt. 30] for 2/11/2014 02:00 PM in room #307, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Judge Jane Magnus−Stinson. Counsel shall have 20 minutes per side. Signed by Judge Jane Magnus−Stinson on 1/28/2014.(MRI) (Entered: 01/28/2014)

Jan. 28, 2014

Jan. 28, 2014

71

ORDER: Accordingly, for the reasons detailed herein, the Court STRIKES Plaintiffs' supplemental brief in support of their Motion to Certify Class, [dkts. 62; 63], and Plaintiffs' supplemental response brief in opposition to Defendants' Motion to Dismiss, [dkts. 64; 65], and ORDERS Plaintiffs to file an amended supplemental brief in support of their Motion to Certify and an amended supplemental brief in opposition to Defendants' Motion to Dismiss by February 3, 2014. The Court will not require Plaintiffs to refile the exhibits already on file; however, these amended briefs must use the citation format detailed above to facilitate the Court's use of its new hyperlink program. Plaintiffs should not substantively amend their brief other than to add citations in accordance with this Order. Similarly, in the responsive briefing by Defendants they, too, should provide both proper labeling of exhibits and citations in the format detailed above. In order to cite in this manner, the exhibits will have to be filed in advance of the brief so that docket citation will be available. As is the case for Plaintiffs, Defendants must also email a Microsoft Word version of their filings to the chambers' email account: judge_stinson_chambers@insd.uscourts.gov ***SEE ORDER FOR ADDITIONAL INFORMATION***. Signed by Judge Jane Magnus−Stinson on 1/29/2014.(DW) (Entered: 01/30/2014)

Jan. 29, 2014

Jan. 29, 2014

72

Witness List − Preliminary , filed by Defendants FAITH LAIRD, DEBRA MINOTT, NICOLE NORVELL, Exhibit List − Preliminary , filed by Defendants FAITH LAIRD, DEBRA MINOTT, NICOLE NORVELL. (Mappes, Harmony) (Entered: 01/31/2014)

Jan. 31, 2014

Jan. 31, 2014

73

MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Status Conference held on 1/30/2014. A discussion was held regarding the pending motion to dismiss and naming of a co−class representative. A discussion was further held regarding the Court's order dated 1/29/2014 [Dkt. 71]. To clarify the order, on or before February 6, 2014 Defendant shallfile any reply to Plaintiff's Supplemental Brief which was filedon 1/24/14 and ordered to be amended and re−refiled on or before2/3/14. The telephonic status conference scheduled for February 24,2014 at 3:00 p.m. is hereby VACATED and rescheduled for 4/2/2014 at 04:00 PM in Telephonic before Magistrate Judge Mark J. Dinsmore. ***See Order For Additional Information*** Signed by Magistrate Judge Mark J. Dinsmore. (NLR) (Entered: 01/31/2014)

Jan. 31, 2014

Jan. 31, 2014

74

BRIEF/MEMORANDUM in Support re 3 MOTION to Certify Class (Amended Supplemental Memorandum) , filed by Plaintiff KARLA STEIMEL. (Rose, Gavin) (Entered: 02/03/2014)

Feb. 3, 2014

Feb. 3, 2014

75

SEALED Amended Supplemental Memorandum (Unredacted) , re 74 Brief/Memorandum in Support of Motion, filed by Plaintiff KARLA STEIMEL. (Rose, Gavin) (Entered: 02/03/2014)

Feb. 3, 2014

Feb. 3, 2014

77

SEALED Notice of Tender of Amended Supplemental Rresponse in Opposition to Motion to Dismiss , re 76 Notice (Other), filed by Plaintiff KARLA STEIMEL. (Attachments: # 1 Exhibit (Amended Supplemental Memorandum in Opp. to Mot. to Dismiss))(Rose, Gavin) (Entered: 02/03/2014)

Feb. 3, 2014

Feb. 3, 2014

78

Appendix of Exhibits in Support of Reply in Support of Motion re 30 MOTION to Dismiss for Lack of Jurisdiction − Subject Matter , filed by Defendants FAITH LAIRD, DEBRA MINOTT, NICOLE NORVELL. (Attachments: # 1 Exhibit Declaration of Lynn Jump, # 2 Exhibit Declaration of Matt Rodway, # 3 Exhibit A − Steimel CIH Application, # 4 Exhibit B − Redacted CIH Summaries)(Mappes, Harmony) (Entered: 02/06/2014)

Feb. 6, 2014

Feb. 6, 2014

79

**SEALED PER DKT. NO. 87 ** SEALED Cover Sheet , filed by Defendants FAITH LAIRD, DEBRA MINOTT, NICOLE NORVELL. (Attachments: # 1 Exhibit B Sealed − Unredacted CIH Summaries)(Mappes, Harmony) Modified on 2/10/2014 (JD). (Entered: 02/06/2014)

Feb. 6, 2014

Feb. 6, 2014

80

MOTION to Seal Document 79 SEALED Document Exhibit B , filed by Defendants FAITH LAIRD, DEBRA MINOTT, NICOLE NORVELL. (Attachments: # 1 Text of Proposed Order)(Mappes, Harmony) (Entered: 02/06/2014)

Feb. 6, 2014

Feb. 6, 2014

81

REPLY in Support of Motion re 30 MOTION to Dismiss for Lack of Jurisdiction − Subject Matter (Supplemental) , filed by Defendants FAITH LAIRD, DEBRA MINOTT, NICOLE NORVELL. (Mappes, Harmony) (Entered: 02/06/2014)

Feb. 6, 2014

Feb. 6, 2014

82

Notice of *LINK BUILDER VERSION* of Docket # 74 BRIEF/MEMORANDUM in Support re 3 MOTION to Certify Class (Amended Supplemental Memorandum) (JKS) (Entered: 02/07/2014)

Feb. 7, 2014

Feb. 7, 2014

83

Notice of *LINK BUILDER VERSION* of Docket #76−1, Attachment # 1 Exhibit −Amended Supplemental Memorandum in Opp. to Mot. to Dismiss. (JKS) (Entered: 02/07/2014)

Feb. 7, 2014

Feb. 7, 2014

84

Notice of *LINK BUILDER VERSION* of Docket # 81 REPLY in Support of Motion re 30 MOTION to Dismiss for Lack of Jurisdiction − Subject Matter (Supplemental). (JKS) (Entered: 02/07/2014)

Feb. 7, 2014

Feb. 7, 2014

85

MOTION to Seal Document 75 SEALED Document, 77 SEALED Document, 63 SEALED Document, 59 SEALED Document, 65 SEALED Document [Maintain Documents Under Seal] , filed by Defendants FAITH LAIRD, DEBRA MINOTT, NICOLE NORVELL. (Attachments: # 1 Text of Proposed Order)(Mappes, Harmony) (Entered: 02/07/2014)

Feb. 7, 2014

Feb. 7, 2014

86

MOTION to Withdraw 32 MOTION to Stay Discovery , 30 MOTION to Dismiss for Lack of Jurisdiction − Subject Matter , filed by Defendants FAITH LAIRD, DEBRA MINOTT, NICOLE NORVELL. (Attachments: # 1 Text of Proposed Order)(Mappes, Harmony) (Entered: 02/07/2014)

Feb. 7, 2014

Feb. 7, 2014

87

ORDER granting 80 Motion to Seal Document − Filing No. 79−1, the unredacted version of Exhibit B filed in support of Defendants' Supplemental Reply in Support of Motion to Dismiss, having been accepted for filing under seal pending resolution of the Motion, shall remain under seal until further Order. Signed by Magistrate Judge Mark J. Dinsmore on 2/7/2014. (JD) (Entered: 02/10/2014)

Feb. 7, 2014

Feb. 7, 2014

88

MOTION to Intervene (Permissive) and to Join in Pending Motion for Class Certification , filed by Intervenor Plaintiffs THOMAS MAERTZ, COLTON COLE, CODY COLE, TIMOTHY KEISTER. (Attachments: # 1 Exhibit (Complaint in Intervention))(Rose, Gavin) (Entered: 02/10/2014)

Feb. 10, 2014

Feb. 10, 2014

89

BRIEF/MEMORANDUM in Support re 88 MOTION to Intervene (Permissive) and to Join in Pending Motion for Class Certification , filed by Intervenor Plaintiffs CODY COLE, COLTON COLE, TIMOTHY KEISTER, THOMAS MAERTZ. (Rose, Gavin) (Entered: 02/10/2014)

Feb. 10, 2014

Feb. 10, 2014

91

MARGINAL ENTRY − Given the Court's granting of Defendants' motion to withdraw, Court DENIES as withdrawn Defendants' Motion to Dismiss, 30 . Signed by Judge Jane Magnus−Stinson on 2/10/2014. (RSF) (Entered: 02/10/2014)

Feb. 10, 2014

Feb. 10, 2014

92

MARGINAL ENTRY − Given Defendants' withdrawal of their Motion to Dismiss, the Court DENIES as moot Plaintiffs' Motion 35 for Extension of Time. Signed by Judge Jane Magnus−Stinson on 2/10/2014. (RSF) (Entered: 02/10/2014)

Feb. 10, 2014

Feb. 10, 2014

93

MARGINAL ENTRY − Given Defendants' withdrawal of their Motion to Stay, the Court DENIES as withdrawn the Motion 32 toStay Discovery. Signed by Judge Jane Magnus−Stinson on 2/10/2014. (RSF) (Entered: 02/10/2014)

Feb. 10, 2014

Feb. 10, 2014

94

NOTICE of Appearance by Gavin Minor Rose on behalf of Intervenor Plaintiffs CODY COLE, COLTON COLE, TIMOTHY KEISTER, THOMAS MAERTZ. (Rose, Gavin) (Entered: 02/10/2014)

Feb. 10, 2014

Feb. 10, 2014

95

Appendix of Exhibits in Support of 97 Response in Opposition to Motion re 3 MOTION to Certify Class , 88 MOTION to Intervene (Permissive) and to Join in Pending Motion for Class Certification , filed by Defendants FAITH LAIRD, DEBRA MINOTT, NICOLE NORVELL. (Attachments: # 1 Affidavit Pierson Declaration, # 2 Affidavit Rodway Declaration)(Mappes, Harmony) Modified on 2/20/2014 (JKS). (Entered: 02/19/2014)

Feb. 19, 2014

Feb. 19, 2014

96

SEALED Exhibits , filed by Defendants FAITH LAIRD, DEBRA MINOTT, NICOLE NORVELL. (Attachments: # 1 Exhibit A − Compilation of Aging Reports, # 2 Exhibit B − DDRS Spreadsheet, # 3 Affidavit Unredacted Pierson Declaration)(Mappes, Harmony) (Entered: 02/19/2014)

Feb. 19, 2014

Feb. 19, 2014

97

RESPONSE in Opposition re 3 MOTION to Certify Class , 88 MOTION to Intervene (Permissive) and to Join in Pending Motion for Class Certification , filed by Defendants FAITH LAIRD, DEBRA MINOTT, NICOLE NORVELL. (Mappes, Harmony) (Entered: 02/19/2014)

Feb. 19, 2014

Feb. 19, 2014

98

SEALED RESPONSE re 3 MOTION to Certify Class , 88 MOTION to Intervene (Permissive) and to Join in Pending Motion for Class Certification , filed by Defendants FAITH LAIRD, DEBRA MINOTT, NICOLE NORVELL. (Attachments: # 1 Exhibit Unredacted Response in Opposition to Plaintiff's Motion for Class Certification)(Mappes, Harmony) (Entered: 02/19/2014)

Feb. 19, 2014

Feb. 19, 2014

99

MOTION to Seal Document 98 SEALED Response to Motion, 96 SEALED Document Exhibits , filed by Defendants FAITH LAIRD, DEBRA MINOTT, NICOLE NORVELL. (Attachments: # 1 Text of Proposed Order)(Mappes, Harmony) (Entered: 02/19/2014)

Feb. 19, 2014

Feb. 19, 2014

100

SEALED submission for corrected Certificate of Service, re 96 Exhibits , filed by Defendants FAITH LAIRD, DEBRA MINOTT, NICOLE NORVELL. (Attachments: # 1 Exhibit A − Compilation of Aging Reports, # 2 Exhibit B − DDRS Spreadsheet, # 3 Affidavit Unredacted Pierson Declaration)(Mappes, Harmony) Modified on 2/20/2014 (JKS). (Entered: 02/20/2014)

Feb. 20, 2014

Feb. 20, 2014

101

SEALED submission for corrected Certificate of Service re 98 RESPONSE filed by Defendants FAITH LAIRD, DEBRA MINOTT, NICOLE NORVELL. (Attachments: # 1 Exhibit Unredacted Response in Opposition to Plaintiff's Motion for Class Certification)(Mappes, Harmony) Modified on 2/20/2014 (JKS). (Entered:

Feb. 20, 2014

Feb. 20, 2014

103

ORDER granting Defendants' 102 Motion for Extension of Time to File response to complaint. Defendants' deadline to respond to the Complaint is extended up to and including twenty days after the Court rules on the Motion for Class Certification and Motion for Permissive Intervention. Signed by Judge Jane Magnus−Stinson on 2/25/2014. (SWM) (Entered: 02/25/2014)

Feb. 25, 2014

Feb. 25, 2014

104

Appendix of Exhibits in Support of Motion re 88 MOTION to Intervene (Permissive) and to Join in Pending Motion for Class Certification , 3 MOTION to Certify Class (Supplemental) , filed by Intervenor Plaintiffs CODY COLE, COLTON COLE, TIMOTHY KEISTER, THOMAS MAERTZ, Plaintiff KARLA STEIMEL. (Attachments: # 1 Exhibit 21 (Supp. Aff. of Karla Steimel), # 2 Exhibit 22 (Aff. of Kristie Wright), # 3 Exhibit 23 (Supp. Aff. of Tamara Awald), # 4 Exhibit Mot. for Class Cert. in McGarry v. Becher, # 5 Exhibit Entry on Class Cert. in Bowman v. IBM)(Rose, Gavin) (Entered: 02/26/2014)

Feb. 26, 2014

Feb. 26, 2014

105

REPLY in Support of Motion re 3 MOTION to Certify Class , 88 MOTION to Intervene (Permissive) and to Join in Pending Motion for Class Certification (Redacted − Public Filing) , filed by Intervenor Plaintiffs CODY COLE, COLTON COLE, TIMOTHY KEISTER, THOMAS MAERTZ, Plaintiff KARLA STEIMEL. (Rose, Gavin) (Entered: 02/26/2014)

Feb. 26, 2014

Feb. 26, 2014

106

SEALED REPLY in support of Motion re 3 MOTION to Certify Class , 88 MOTION to Intervene (Permissive) and to Join in Pending Motion for Class Certification (Unredacted − Under Seal) , filed by Intervenor Plaintiffs CODY COLE, COLTON COLE, TIMOTHY KEISTER, THOMAS MAERTZ, Plaintiff KARLA STEIMEL. (Rose, Gavin) (Entered: 02/26/2014)

Feb. 26, 2014

Feb. 26, 2014

107

SCHEDULING ORDER: This cause is set for a Hearing on the plaintiff's pending motion for class certification [dkt. 3] on March 10, 2014 at 10:00 a.m. in Room 307, U.S. Courthouse, 46 E. Ohio Street, Indianapolis, Indiana. Counsel shall have 30 minutes per side for argument and to respond to the Court's questions. Signed by Judge Jane Magnus−Stinson on 3/3/2014.(MRI) (Entered: 03/03/2014)

March 3, 2014

March 3, 2014

108

MINUTE ORDER for proceedings held before Judge Jane Magnus−Stinson: Oral Argument held on March 10, 2014, the Court held a hearing on two pending motions: (1) Plaintiff Karla Steimel's Motion to Certify Class, [Filing No. 3], and (2) Intervenor Plaintiffs' Motion to Intervene and to Join in Pending Motion for Class Certification, [Filing No. 88]. Plaintiff Ms. Steimel and Intervenor Plaintiffs appeared by counsel Gavin Rose. Defendants appeared by counsel Harmony Mappes and Ryan Hurley, as well as in−house counsel Elizabeth Karlson. The Court Reporter was David Moxley. The parties presented argument and responded to the Court's questions, and the Court took both motions, [Filing No. 3; Filing No. 88], UNDER ADVISEMENT. Signed by Judge Jane Magnus−Stinson. (Court Reporter David Moxley.)(MRI) (Entered: 03/11/2014)

March 11, 2014

March 11, 2014

109

ORDER granting 99 Motion to Maintain Documents Under Seal − Filing No. 96−1, Filing No. 96−2, Filing No. 96−3, and Filing No. 98−1, having been accepted for filing under seal pending resolution of the Motion, shall remain under seal until further Order. Signed by Magistrate Judge Mark J. Dinsmore on 3/12/2014. (JD) (Entered: 03/12/2014)

March 12, 2014

March 12, 2014

110

MOTION to Seal Document 106 SEALED Reply in support of Motion [Maintain Documents Under Seal] , filed by Defendants FAITH LAIRD, DEBRA MINOTT, NICOLE NORVELL. (Attachments: # 1 Text of Proposed Order)(Mappes, Harmony) (Entered: 03/12/2014)

March 12, 2014

March 12, 2014

111

ORDER − granting 110 Motion to Seal Document 106 SEALED Reply in support of Motion. Signed by Magistrate Judge Mark J. Dinsmore on 3/13/2014. (RSF) (Entered: 03/13/2014)

March 13, 2014

March 13, 2014

Case Details

State / Territory: Indiana

Case Type(s):

Disability Rights

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: June 14, 2013

Closing Date: 2016

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Adult Medicaid recipient with cerebral palsy who received community-based assistance through a state-run Medicaid program.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

Secretary of the Indiana Family and Social Services Administration, State

Case Details

Causes of Action:

42 U.S.C. § 1983

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

Medicaid, 42 U.S.C §1396 (Title XIX of the Social Security Act)

Constitutional Clause(s):

Due Process

Equal Protection

Available Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Unknown

Source of Relief:

Settlement

Form of Settlement:

Voluntary Dismissal

Content of Injunction:

Preliminary relief request withdrawn/mooted

Issues

General:

Government services

Housing assistance

Rehabilitation

Wait lists

Jails, Prisons, Detention Centers, and Other Institutions:

Habilitation (training/treatment)

Disability and Disability Rights:

Reasonable Accommodations

disability, unspecified

Integrated setting

Mental impairment

Mobility impairment

Cerebral palsy

Developmental disability without intellectual disability

Intellectual/developmental disability, unspecified

Mental Illness, Unspecified

Discrimination-area:

Accommodation / Leave

Discrimination-basis:

Age discrimination

Disability (inc. reasonable accommodations)

Medical/Mental Health:

Intellectual/Developmental Disability

Intellectual disability/mental illness dual diagnosis

Medical care, general

Type of Facility:

Government-run

Benefit Source:

Medicaid