Case: L.S. v. Delia

5:11-cv-00354 | U.S. District Court for the Eastern District of North Carolina

Filed Date: July 5, 2011

Closed Date: Dec. 31, 2017

Clearinghouse coding complete

Case Summary

In July 2011, a group of minor children with developmental disabilities filed this civil rights class action in the U.S. District Court for the Eastern District of North Carolina to prevent reductions in Medicaid waiver services. The plaintiffs sued the Secretary of the North Carolina Department of Health and Human Services (NCDHHS) and Piedmont Behavioral Healthcare (PBH). The plaintiffs had received home-based Medicaid-funded services through the North Carolina "Innovations Waiver." On July 1, 2011, it was announced that the plaintiffs' services would be reduced because Piedmont Behavioral Health (PBH), a contractor of the state health department, implemented a new system to determine which services were "medically necessary." The plaintiffs claimed that although their medical conditions remained constant, essential health services had been unreasonably and arbitrarily reduced by PBH's "Support Needs Matrix" and that they had not been offered an avenue to appeal their service reductions. They alleged that some plaintiffs would be threatened with placement in institutional settings far from their communities if the services needed to remain at home were not reinstated. According to the plaintiffs, this new reduction of services violated the U.S. Constitution's guarantee of due process and the federal Medicaid statute. They requested class certification, declaratory relief, preliminary relief, permanent injunctive relief, and attorneys' fees.

The plaintiffs filed for class certification and for a preliminary injunction on August 29, 2011. After a period of discovery and a controversy regarding the disqualification of counsel and a motion to intervene, the plaintiffs moved for a temporary restraining order on December 20, 2011. District Judge Louise Wood Flanagan denied this motion on December 28, 2011, but noted that the motion for preliminary injunctive relief was still pending. After resolving the disqualification issue, the court held a hearing on the motion for preliminary relief in March 2012. On March 29, the court granted the plaintiffs' motion and certified the class. The court found that the plaintiffs had demonstrated a likelihood of success on the merits, in part because federal Medicaid provides that adequate notice and a fair hearing process be made available before denying benefits, and there was no notice or available appeal here. Such a process is also required by the Constitution and the plaintiffs had also demonstrated irreparable harm.

PBH appealed the preliminary injunction to the U.S. Court of Appeals for the Fourth Circuit, which affirmed the District Court's decision on May 10, 2013. K.C. ex rel. Africa H. v. Shipman, 716 F.3d 107 (4th Cir. 2013). The Fourth Circuit held that it was speculative at best whether a decision in the appeal would enable PBH to engage in the conduct that the District Court enjoined. The Court explained that, because the NCDHHS had not appealed the grant of the preliminary injunction, the NCDHHS would remain obligated to obey the injunction, thus making PBH bound to comply with the injunction regardless of any appellate decision. The Court cited two reasons why PBH would still be required to follow the injunction. First, Federal Rule of Civil Procedure 65(d)(2) requires that any injunction binding named parties also binds the parties' agents. Because PBH was an agent of the NCDHHS due to its contract to administer plaintiffs’ Medicaid services on behalf of the state, it would be bound to follow the injunction under Rule 65(d)(2). Second, the Medicaid statute requires each state to designate a single state agency to administer its Medicaid plan, which is the NCDHHS in this case. Therefore, the NCDHHS's decision not to appeal the preliminary injunction controls.

Following the Fourth Circuit's decision in May 2013, the parties engaged in extensive efforts to reach a settlement agreement. On December 12, 2014, the parties submitted a settlement agreement to the court for preliminary approval, notice to class members, scheduling of a fairness hearing, and clarification of the class definition. On January 2, 2015, the court preliminarily approved the proposed settlement agreement pending an opportunity for class members to object. Following a fairness hearing, the court approved the settlement agreement on April 6, 2015. Pursuant to the terms of the settlement agreement, the court dismissed the action with prejudice on December 31, 2015.

The settlement agreement provided for improved notification and grievance-filing procedures with respect to changes or reductions in services. Additionally, the defendants agreed not to reduce any participant's base budget for one year after the implementation of the agreement and before dismissal of the case. For the two-year period following dismissal of the case, the defendants agreed to notify participants of any base budget reduction. The agreement also provided for increased procedural protections for individuals requesting an authorization of services. The defendants agreed to pay the plaintiffs $375,000 for attorneys' fees, expenses, and costs incurred during the litigation.

The agreement remained in effect for a two-year monitoring period following the dismissal of the case in December 2015. After the monitoring period, no further litigation had taken place and the case is now closed.

	Document
5:11-cv-00354 12-01575	Docket [PACER] L.S. v. Brajer	Dec. 31, 2015	Dec. 31, 2015 Docket
6 5:11-cv-00354	Class Action Complaint K.C v. Cansler	Aug. 1, 2011	Aug. 1, 2011 Complaint
19 5:11-cv-00354	Order Denying Temporary Relief L.S. v. Cansler	Aug. 12, 2011	Aug. 12, 2011 Order/Opinion
31 5:11-cv-00354	Motion for Preliminary Injunction K.C. v. Cansler	Aug. 24, 2011	Aug. 24, 2011 Pleading / Motion / Brief
32 5:11-cv-00354	Memorandum of Law in Support of Motion for Preliminary Injunction K.C. v. Cansler	Aug. 24, 2011	Aug. 24, 2011 Pleading / Motion / Brief
38 5:11-cv-00354	Answer and Affirmative Defenses of Defendants Pamela L. Shipman and PBH K.C. v. Cansler	Aug. 29, 2011	Aug. 29, 2011 Pleading / Motion / Brief
35 5:11-cv-00354	Memorandum in Support of the Plaintiff's Motion for Class Certification K.C. v. Cansler	Aug. 29, 2011	Aug. 29, 2011 Pleading / Motion / Brief
34 5:11-cv-00354	Plaintiff's Motion for Class Certification K.C. v. Cansler	Aug. 29, 2011	Aug. 29, 2011 Pleading / Motion / Brief
67 5:11-cv-00354	Order on Intervention	Dec. 5, 2011	Dec. 5, 2011 Order/Opinion 2011 WL 2011
71 5:11-cv-00354	Memorandum of Law in Support of Motion for Temporary Restraining Order K.C. v. Cansler	Dec. 20, 2011	Dec. 20, 2011 Pleading / Motion / Brief

ECF Number	Description	Date	Link Date / Link
	NOTICE OF DEFICIENCY − All documents in this case have been provisionally SEALED due to counsel's failure to comply with Local Civil Rule 17.1(d). Counsel must correct and refile all documents, removing all references to the names of minor children. Only initials may be utilized in reference to minor children. (Baker, C.) (Entered: 07/04/2011)	July 4, 2011	July 4, 2011
6	COMPLAINT against All Defendants ( Filing fee $ 350 receipt number 253PH4L5.), filed by K.C., D.C., L.S., Allison Taylor Johns. (Attachments: # 1 Civil Cover Sheet, # 2 Cansler Summons, # 3 PBH Summons, # 4 Shipman Summons) (Rittelmeyer, John) (Entered: 07/05/2011) 1 Civil Cover Sheet View on PACER 2 Cansler Summons View on PACER 3 PBH Summons View on PACER 4 Shipman Summons View on PACER	July 5, 2011	July 5, 2011 PACER
7	FINANCIAL DISCLOSURE STATEMENT by K.C. (Rittelmeyer, John) (Entered: 07/05/2011)	July 5, 2011	July 5, 2011 PACER
8	FINANCIAL DISCLOSURE STATEMENT by Allison Taylor Johns. (Rittelmeyer, John) (Entered: 07/05/2011)	July 5, 2011	July 5, 2011 PACER
9	FINANCIAL DISCLOSURE STATEMENT by L.S. (Rittelmeyer, John) (Entered: 07/05/2011)	July 5, 2011	July 5, 2011 PACER
10	FINANCIAL DISCLOSURE STATEMENT by D.C. (Rittelmeyer, John) (Entered: 07/05/2011)	July 5, 2011	July 5, 2011 PACER
11	Summonses Issued as to Lanier M. Cansler, Piedmont Behavioral Healthcare Area Mental Health, Developmental Disabilities and Substance Abuse Authority, and Pamela Shipman. Counsel should print summonses and effect service. (Baker, C.) (Entered: 07/05/2011)	July 5, 2011	July 5, 2011 PACER
12	NOTICE of Appearance by Raboteau T. Wilder, Jr on behalf of Piedmont Behavioral Healthcare Area Mental Health, Developmental Disabilities and Substance Abuse Authority, Pamela Shipman. (Wilder, Raboteau) (Entered: 07/05/2011)	July 5, 2011	July 5, 2011 PACER
13	FINANCIAL DISCLOSURE STATEMENT by Piedmont Behavioral Healthcare Area Mental Health, Developmental Disabilities and Substance Abuse Authority. (Wilder, Raboteau) (Entered: 07/05/2011)	July 5, 2011	July 5, 2011 PACER
14	FINANCIAL DISCLOSURE STATEMENT by Pamela Shipman. (Wilder, Raboteau) (Entered: 07/05/2011)	July 5, 2011	July 5, 2011 PACER
15	NOTICE of Appearance by Stephen D. Martin on behalf of Piedmont Behavioral Healthcare Area Mental Health, Developmental Disabilities and Substance Abuse Authority, Pamela Shipman. (Martin, Stephen) (Entered: 07/06/2011)	July 6, 2011	July 6, 2011 PACER
16	NOTICE of Appearance by Wallace C. Hollowell, III on behalf of Piedmont Behavioral Healthcare Area Mental Health, Developmental Disabilities and Substance Abuse Authority, Pamela Shipman. (Hollowell, Wallace) (Entered: 07/06/2011)	July 6, 2011	July 6, 2011 PACER
17	NOTICE of Appearance by Belinda A. Smith on behalf of Lanier M. Cansler. (Smith, Belinda) (Entered: 07/11/2011)	July 11, 2011	July 11, 2011 PACER
18	MOTION for Extension of Time to File Answer re 6 Complaint, by Lanier M. Cansler. (Attachments: # 1 Text of Proposed Order Granting Enlargement of Time) (Smith, Belinda) (Entered: 07/11/2011) 1 Text of Proposed Order Granting Enlargement of Time View on PACER	July 11, 2011	July 11, 2011 PACER
19	ORDER - This matter came before the court on class action complaint filed July 5, 2011, wherein plaintiffs request temporary, preliminary, and permanent injunctive relief. Although no formal motion rises to the face of the docket, the court has cause to consider plaintiffs' requests for temporary injunctive relief lodged in the complaint. Plaintiffs' request for temporary injunctive relief is DENIED. Preliminary injunctive relief is still available to plaintiffs upon motion properly supported and notice to defendants. The parties are encouraged to confer and propose alternative dates for conference by telephone with the court immediately after response is made to the complaint by defendants. At conference, the court will discuss the case schedule and briefing on the anticipated motion for preliminary injunction. Signed by Chief Judge Louise Wood Flanagan on 07/12/2011. (Baker, C.) (Entered: 07/12/2011)	July 12, 2011	July 12, 2011 PACER
20	ORDER granting 18 Motion for Extension of Time to Answer Complaint - Lanier M. Cansler's answer due 8/29/2011. Signed by Dennis P. Iavarone, Clerk of Court on 07/12/2011. (Baker, C.) (Entered: 07/12/2011)	July 12, 2011	July 12, 2011 PACER
21	FINANCIAL DISCLOSURE STATEMENT by Lanier M. Cansler. (Smith, Belinda) (Entered: 07/13/2011)	July 13, 2011	July 13, 2011 PACER
22	MOTION for Extension of Time to File Answer re 6 Complaint, by Piedmont Behavioral Healthcare Area Mental Health, Developmental Disabilities and Substance Abuse Authority, Pamela Shipman. (Attachments: # 1 Text of Proposed Order) (Martin, Stephen) (Entered: 07/15/2011) 1 Text of Proposed Order View on PACER	July 15, 2011	July 15, 2011 PACER
23	ORDER granting 22 Motion for Extension of Time to Answer Complaint - Answer due 08/29/2011 by Piedmont Behavioral Healthcare Area Mental Health, Developmental Disabilities and Substance Abuse Authority and Pamela Shipman. Signed by Dennis P. Iavarone, Clerk of Court on 07/15/2011. (Baker, C.) (Entered: 07/15/2011)	July 15, 2011	July 15, 2011 PACER
24	NOTICE of Appearance by Jennifer Leah Bills on behalf of All Plaintiffs (Bills, Jennifer) (Entered: 07/26/2011)	July 26, 2011	July 26, 2011 PACER
25	NOTICE of Appearance by Morris Fonville McAdoo on behalf of All Plaintiffs. (McAdoo, Morris) (Entered: 08/03/2011)	Aug. 3, 2011	Aug. 3, 2011 PACER
26	NOTICE of Appearance by Douglas Stuart Sea on behalf of D.C., Allison Taylor Johns, K.C., L.S. (Sea, Douglas) (Entered: 08/23/2011)	Aug. 23, 2011	Aug. 23, 2011 PACER
27	MOTION to Disqualify Counsel by D.C., Allison Taylor Johns, K.C., L.S. (Sea, Douglas) (Entered: 08/23/2011)	Aug. 23, 2011	Aug. 23, 2011 PACER
28	DOCUMENT CORRECTED AND REFILED AT DOCKET ENTRY 30 - AFFIDAVIT re 27 MOTION to Disqualify Counsel by D.C., Allison Taylor Johns, K.C., L.S.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F) (Sea, Douglas) Modified on 8/24/2011 to insert refiling information. (Baker, C.) (Entered: 08/23/2011) 1 Exhibit A View on PACER 2 Exhibit B View on PACER 3 Exhibit C View on PACER 4 Exhibit D View on PACER 5 Exhibit E View on PACER 6 Exhibit F View on PACER	Aug. 23, 2011	Aug. 23, 2011 PACER
29	AFFIDAVIT by Jane Perkins re 27 MOTION to Disqualify Counsel by D.C., Allison Taylor Johns, K.C., L.S. (Sea, Douglas) Modified on 8/24/2011 to clarify docket entry text. (Baker, C.) (Entered: 08/24/2011)	Aug. 24, 2011	Aug. 24, 2011 PACER
30	AFFIDAVIT of Douglas Sea re 27 MOTION to Disqualify Counsel by D.C., Allison Taylor Johns, K.C., L.S. (Attachments: # 1 Exhibit A-emails w/Womble, # 2 Exhibit B-settlement agreement, # 3 Exhibit C-amended complaint, # 4 Exhibit D-PBH memo, # 5 Exhibit E-comparison of allegations, # 6 Exhibit F-Bar rules) (Sea, Douglas) (Entered: 08/24/2011) 1 Exhibit A-emails w/Womble View on PACER 2 Exhibit B-settlement agreement View on PACER 3 Exhibit C-amended complaint View on PACER 4 Exhibit D-PBH memo View on PACER 5 Exhibit E-comparison of allegations View on PACER 6 Exhibit F-Bar rules View on PACER	Aug. 24, 2011	Aug. 24, 2011 PACER
31	MOTION for Preliminary Injunction by D.C., Allison Taylor Johns, K.C., L.S. (Attachments: # 1 Affidavit of Douglas Sea, # 2 Sea Exh A-CMS letter, # 3 Sea Exh B part one-waiver, # 4 Exhibit Sea Exh B part two-waiver, # 5 Sea Exh C Contract, # 6 Sea Exh D PBH 4-18 memo, # 7 Sea Exh E waiver amendment, # 8 Sea Exh F SNM guide, # 9 Sea Exh G 2nd 4-18 PBH memo, # 10 Sea Exh H SIS results, # 11 Sea Exh I Aug 2010 PBH memo, # 12 Sea Exh J Apr 2011 PBH memo, # 13 Sea Exh K SIS Info, # 14 Sea Exh L July 15 PBH release, # 15 Sea Exh M DMA memo, # 16 Sea Exh N PBH slides, # 17 Sea Exh O PBH provider manual, # 18 Sea Exh P PBH Family Guide, # 19 Exhibit Sea Exh Q PBH March 2011 memo, # 20 Exhibit Sea Exh R PBH consumer handbook, # 21 Exhibit Sea Exh S PBH March 2011 release, # 22 Exhibit Sea Exh T PBH SIS chart, # 23 Affidavit Ron S Declaration, # 24 Ron S Exh A SIS Rpt, # 25 Ron S Exh B SIS rpt 2, # 26 Ron S Exh C Plan of care, # 27 Ron S Exh D-plan update, # 28 Ron S Exh E-4-4-11 ltr, # 29 Affidavit Holzlohner Declaration, # 30 Holzlohner Exh A SIS rpt, # 31 Holzlohner Exh B SNM ltr, # 32 Affidavit Peters Declaration, # 33 Peters Exh A-SNM ltr, # 34 Affidavit Penny C Declaration, # 35 Penny C Exh A 3-4-10 Ltr, # 36 Penny C Exh B SIS rpt, # 37 Exhibit Penny C exh C 6-4-11 ltr, # 38 Exhibit Penny C Exh D 3-11 assessment, # 39 Exhibit Penny C Exh E 3-11 evaluation, # 40 Penny C Exh F 4-11 Plan, # 41 Penny C Exh G undated Ltr, # 42 Penny C Exh H 4-8-11 memo, # 43 Penny C Exh I 4-4-11 ltr, # 44 Penny C Exh J 4-20-11 memo, # 45 Penny C Exh K 4-21-11 ltr, # 46 Penny C Exh L 4-27-11 ltr, # 47 Penny C Exh M 5-25-11 ltr, # 48 Penny C Exh N Inten Review Request, # 49 Penny C Exh O Int Rev Decision, # 50 Penny C Exh P 6-10 plan update, # 51 Penny C Exh Q 6-22-11 ltr, # 52 Penny C Exh R 6-28-11 memo, # 53 Penny C Exh S 6-29 email, # 54 Penny C Exh T 6-30-11 email, # 55 Penny C Exh U 6-30 Plan update, # 56 Penny C Exh V 7-11-11 memo, # 57 Penny C Exh W 7-14 plan update, # 58 Penny C Exh X 8-4-11 ltr, # 59 Affidavit Murrone Declaration, # 60 Affidavit Strange Declaration, # 61 Affidavit Heath Declaration, # 62 Heath Exh A 2011 SIS, # 63 Heath Exh B 2010 SIS, # 64 Heath Exh C 6-11 Plan update, # 65 Heath Exh D 3-11 plan update, # 66 Heath Exh E 2010 Plan, # 67 Heath Exh F 4-4-11 ltr, # 68 Exh G undated ltr, # 69 Affidavit Johns Declaration, # 70 Johns Exh A SIS rpt, # 71 Johns Exh B 5-11 plan update, # 72 Johns Exh C 2010 plan, # 73 Exhibit Johns Exh D 4-4-11 ltr, # 74 Affidavit Melissa W Declaration, # 75 Melissa W Exh A SNM ltr, # 76 Melissa W Exh B plan updates, # 77 Melissa W Exh C SIS rpts) (Sea, Douglas) (Entered: 08/24/2011) 1 Affidavit of Douglas Sea View on PACER 2 Exhibit Sea Exh A-CMS letter View on PACER 3 Exhibit Sea Exh B part one-waiver View on PACER 4 Exhibit Sea Exh B part two-waiver View on PACER 5 Exhibit Sea Exh C Contract View on RECAP 6 Exhibit Sea Exh D PBH 4-18 memo View on PACER 7 Exhibit Sea Exh E waiver amendment View on PACER 8 Exhibit Sea Exh F SNM guide View on PACER 9 Exhibit Sea Exh G 2nd 4-18 PBH memo View on PACER 10 Exhibit Sea Exh H SIS results View on PACER 11 Exhibit Sea Exh I Aug 2010 PBH memo View on PACER 12 Exhibit Sea Exh J Apr 2011 PBH memo View on PACER 13 Exhibit Sea Exh K SIS Info View on PACER 14 Exhibit Sea Exh L July 15 PBH release View on PACER 15 Exhibit Sea Exh M DMA memo View on PACER 16 Exhibit Sea Exh N PBH slides View on PACER 17 Exhibit Sea Exh O PBH provider manual View on PACER 18 Exhibit Sea Exh P PBH Family Guide View on PACER 19 Exhibit Sea Exh Q PBH March 2011 memo View on PACER 20 Exhibit Sea Exh R PBH consumer handbook View on PACER 21 Exhibit Sea Exh S PBH March 2011 release View on PACER 22 Exhibit Sea Exh T PBH SIS chart View on PACER 23 Affidavit Ron S Declaration View on PACER 24 Exhibit Ron S Exh A SIS Rpt View on PACER 25 Exhibit Ron S Exh B SIS rpt 2 View on PACER 26 Exhibit Ron S Exh C Plan of care View on PACER 27 Exhibit Ron S Exh D-plan update View on PACER 28 Exhibit Ron S Exh E-4-4-11 ltr View on PACER 29 Affidavit Holzlohner Declaration View on PACER 30 Exhibit Holzlohner Exh A SIS rpt View on PACER 31 Exhibit Holzlohner Exh B SNM ltr View on PACER 32 Affidavit Peters Declaration View on PACER 33 Exhibit Peters Exh A-SNM ltr View on PACER 34 Affidavit Penny C Declaration View on PACER 35 Exhibit Penny C Exh A 3-4-10 Ltr View on PACER 36 Exhibit Penny C Exh B SIS rpt View on PACER 37 Exhibit Penny C exh C 6-4-11 ltr View on PACER 38 Exhibit Penny C Exh D 3-11 assessment View on PACER 39 Exhibit Penny C Exh E 3-11 evaluation View on PACER 40 Exhibit Penny C Exh F 4-11 Plan View on PACER 41 Exhibit Penny C Exh G undated Ltr View on PACER 42 Exhibit Penny C Exh H 4-8-11 memo View on PACER 43 Exhibit Penny C Exh I 4-4-11 ltr View on PACER 44 Exhibit Penny C Exh J 4-20-11 memo View on PACER 45 Exhibit Penny C Exh K 4-21-11 ltr View on PACER 46 Exhibit Penny C Exh L 4-27-11 ltr View on PACER 47 Exhibit Penny C Exh M 5-25-11 ltr View on PACER 48 Exhibit Penny C Exh N Inten Review Request View on PACER 49 Exhibit Penny C Exh O Int Rev Decision View on PACER 50 Exhibit Penny C Exh P 6-10 plan update View on PACER 51 Exhibit Penny C Exh Q 6-22-11 ltr View on PACER 52 Exhibit Penny C Exh R 6-28-11 memo View on PACER 53 Exhibit Penny C Exh S 6-29 email View on PACER 54 Exhibit Penny C Exh T 6-30-11 email View on PACER 55 Exhibit Penny C Exh U 6-30 Plan update View on PACER 56 Exhibit Penny C Exh V 7-11-11 memo View on PACER 57 Exhibit Penny C Exh W 7-14 plan update View on PACER 58 Exhibit Penny C Exh X 8-4-11 ltr View on PACER 59 Affidavit Murrone Declaration View on PACER 60 Affidavit Strange Declaration View on PACER 61 Affidavit Heath Declaration View on PACER 62 Exhibit Heath Exh A 2011 SIS View on PACER 63 Exhibit Heath Exh B 2010 SIS View on PACER 64 Exhibit Heath Exh C 6-11 Plan update View on PACER 65 Exhibit Heath Exh D 3-11 plan update View on PACER 66 Exhibit Heath Exh E 2010 Plan View on PACER 67 Exhibit Heath Exh F 4-4-11 ltr View on PACER 68 Exhibit Heath Exh G undated ltr View on PACER 69 Affidavit Johns Declaration View on PACER 70 Exhibit Johns Exh A SIS rpt View on PACER 71 Exhibit Johns Exh B 5-11 plan update View on PACER 72 Exhibit Johns Exh C 2010 plan View on PACER 73 Exhibit Johns Exh D 4-4-11 ltr View on PACER 74 Affidavit Melissa W Declaration View on PACER 75 Exhibit Melissa W Exh A SNM ltr View on PACER 76 Exhibit Melissa W Exh B plan updates View on PACER 77 Exhibit Melissa W Exh C SIS rpts View on PACER	Aug. 24, 2011	Aug. 24, 2011 RECAP
32	MEMORANDUM IN SUPPORT re 32 Motion for Preliminary Injunction by D.C., Allison Taylor Johns, K.C., L.S. (Sea, Douglas) Modified on 8/25/2011 to correct docket entry text and terminate erroneous motion event. (Baker, C.) (Entered: 08/24/2011)	Aug. 24, 2011	Aug. 24, 2011 RECAP
33	NOTICE of Appearance by Martha Jane Perkins on behalf of All Plaintiffs. (Perkins, Martha) (Entered: 08/25/2011)	Aug. 25, 2011	Aug. 25, 2011 PACER
34	First MOTION to Certify Class by D.C., Allison Taylor Johns, K.C., L.S. Responses due by 9/19/2011. (Attachments: # 1 Appendix unreported decision EQ Indus, # 2 Appendix unreported decision Martin, # 3 Appendix unreported Decision Dajour B, # 4 Affidavit Declaration Of John Rittelmeyer, # 5 Affidavit Declaration of Jennifer Bills, # 6 Affidavit 3rd Affidavit of Douglas Sea, # 7 Exhibit Sea Affid Exh A Waiver Alert, # 8 Affidavit Declaration of Jane Perkins) (Sea, Douglas) (Entered: 08/29/2011) 1 Appendix unreported decision EQ Indus View on PACER 2 Appendix unreported decision Martin View on PACER 3 Appendix unreported Decision Dajour B View on PACER 4 Affidavit Declaration Of John Rittelmeyer View on PACER 5 Affidavit Declaration of Jennifer Bills View on PACER 6 Affidavit 3rd Affidavit of Douglas Sea View on PACER 7 Exhibit Sea Affid Exh A Waiver Alert View on PACER 8 Affidavit Declaration of Jane Perkins View on PACER	Aug. 29, 2011	Aug. 29, 2011 PACER
35	Memorandum in Support re 34 First MOTION to Certify Class filed by D.C., Allison Taylor Johns, K.C., L.S. (Sea, Douglas) (Entered: 08/29/2011)	Aug. 29, 2011	Aug. 29, 2011 PACER
36	Declaration re 34 First MOTION to Certify Class as Corrected by Jane Perkins by D.C., Allison Taylor Johns, K.C., L.S. (Sea, Douglas) (Entered: 08/29/2011)	Aug. 29, 2011	Aug. 29, 2011 PACER
37	ANSWER to 6 Complaint, by Lanier M. Cansler. (Smith, Belinda) (Entered: 08/29/2011)	Aug. 29, 2011	Aug. 29, 2011 PACER
38	ANSWER to 6 Complaint, and Affirmative Defenses by Piedmont Behavioral Healthcare Area Mental Health, Developmental Disabilities and Substance Abuse Authority, Pamela Shipman. (Martin, Stephen) (Entered: 08/29/2011)	Aug. 29, 2011	Aug. 29, 2011 PACER
39	ORDER - The court dispenses with the telephonic conference postponed from August 30, 2011 due to Hurricane Irene given the procedural posture that the case has assumed since entry of the court's order on July 12, 2011. Of its own initiative, the court STAYS the time for defendant to respond to the motions for preliminary injunction and to certify the class, turning its attention to the plaintiffs' motion to disqualify counsel. Signed by Chief Judge Louise Wood Flanagan on 09/06/2011. (Baker, C.) (Entered: 09/07/2011)	Sept. 7, 2011	Sept. 7, 2011 PACER
40	Memorandum in Opposition re 27 MOTION to Disqualify Counsel filed by Piedmont Behavioral Healthcare Area Mental Health, Developmental Disabilities and Substance Abuse Authority, Pamela Shipman. (Wilder, Raboteau) (Entered: 09/16/2011)	Sept. 16, 2011	Sept. 16, 2011 PACER
41	AFFIDAVIT re 40 Memorandum in Opposition "Affidavit of Pamela L. Shipman" by Piedmont Behavioral Healthcare Area Mental Health, Developmental Disabilities and Substance Abuse Authority, Pamela Shipman. (Wilder, Raboteau) (Entered: 09/16/2011)	Sept. 16, 2011	Sept. 16, 2011 PACER
42	AFFIDAVIT re 40 Memorandum in Opposition "Affidavit of Andrea J. Misenheimer" by Piedmont Behavioral Healthcare Area Mental Health, Developmental Disabilities and Substance Abuse Authority, Pamela Shipman. (Attachments: # 1 Exhibit 2011 Validity and Reliability Results) (Wilder, Raboteau) (Entered: 09/16/2011) 1 Exhibit 2011 Validity and Reliability Results View on PACER	Sept. 16, 2011	Sept. 16, 2011 PACER
43	AFFIDAVIT re 40 Memorandum in Opposition "Affidavit of Reid C. Adams" by Piedmont Behavioral Healthcare Area Mental Health, Developmental Disabilities and Substance Abuse Authority, Pamela Shipman. (Attachments: # 1 Exhibit Perkins Email, # 2 Exhibit Notice of Appearance, # 3 Exhibit Order, # 4 Exhibit Settlement Agreement, # 5 Exhibit Order of Approval of Settlement Agreement, # 6 Exhibit Email String - Sea, # 7 Exhibit Email String - Perkins/Sea, # 8 Exhibit Notice of Ethical Screen) (Wilder, Raboteau) (Entered: 09/16/2011)	Sept. 16, 2011	Sept. 16, 2011 PACER
44	AFFIDAVIT re 40 Memorandum in Opposition "Affidavit of Murray C. Greason III" by Piedmont Behavioral Healthcare Area Mental Health, Developmental Disabilities and Substance Abuse Authority, Pamela Shipman. (Attachments: # 1 Exhibit Notice of Appearance, # 2 Exhibit Order, # 3 Exhibit Settlement Agreement, # 4 Exhibit Order of Approval of Settlement Agreement, # 5 Exhibit Email String - Sea, # 6 Exhibit Email String - Perkins/Sea, # 7 Exhibit Notice of Ethical Screen) (Wilder, Raboteau) (Entered: 09/16/2011)	Sept. 16, 2011	Sept. 16, 2011 PACER

Case: L.S. v. Delia

5:11-cv-00354 | U.S. District Court for the Eastern District of North Carolina

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