Case: Price v. Medicaid Director

1:13-cv-00074 | U.S. District Court for the Southern District of Ohio

Filed Date: Feb. 1, 2013

Closed Date: Oct. 31, 2016

Clearinghouse coding complete

Case Summary

On February 1, 2013, disabled seniors in Loveland and Ironton Ohio filed this lawsuit in the U.S. District Court for the Southern District of Ohio. Plaintiffs sued the Ohio Department of Jobs and Family Services and the Ohio Department of Aging under 42 U.S.C § 1983 and state law. Represented initially by private counsel and in later stages also by the public interest group Justice In Aging, the plaintiffs sought class-action certification and injunctive and declaratory relief, claiming violat…

On February 1, 2013, disabled seniors in Loveland and Ironton Ohio filed this lawsuit in the U.S. District Court for the Southern District of Ohio. Plaintiffs sued the Ohio Department of Jobs and Family Services and the Ohio Department of Aging under 42 U.S.C § 1983 and state law. Represented initially by private counsel and in later stages also by the public interest group Justice In Aging, the plaintiffs sought class-action certification and injunctive and declaratory relief, claiming violation of the Social Security Act (42 U.S.C § 1396) and the Due Process Clause of the Fourteenth Amendment.

Specifically, plaintiffs alleged that Ohio unduly delayed enrolling eligible plaintiffs in the Medicaid Assisted Living Waiver Program, and also failed to either provide them with the opportunity to apply to state funded assisted living programs or to give them a written denial notice and opportunity for fair hearing.

On January 16, 2015, plaintiffs sought summary judgment, asking the court to rule that the state violated federal law by failing to provide retroactive assisted living benefits for three months prior to their enrollment. On February 20, 2015, defendants countered with their own summary judgment motion, arguing that the plaintiffs lacked standing to bring suit. One of defendants’ main arguments was based on the Medicaid requirement that assisted living benefits were only available for treatment that was, “pursuant to a written plan of care to individuals who, but for such services, would require the level of care provided in a hospital or nursing facility.” Ohio argued that this provision required that a written plan of care be created before an individual would be eligible for assisted living benefits, and that plaintiffs lacked standing since they hadn’t had written plan of care prior to the period that they were claiming retroactive benefits for. Another major argument by defendants was that the plaintiffs lacked standing because they were seeking retroactive relief from state officials, which is barred by the Eleventh Amendment.

Defendants also made a series of more technical arguments for why the plaintiffs lacked standing. They claimed that the Supreme Court had barred notice relief or declarations that a state was violating federal law when the federal law had been changed before the case was brought. They argued that one of the plaintiffs had died before the suit and her claim hadn’t survived her death. And they argued that the other plaintiff lacked standing because she had moved to a nursing home and stopped being potentially eligible for assisted living benefits before the claim was brought.

On September 1, 2015, Magistrate Judge Karen L. Likovitz granted the plaintiffs’ motions for class-action certification and for summary judgment. The certified class included all Ohio individuals who meet the eligibility standards for the assisted living Medicaid waiver for the months occurring no earlier than three months prior to the month of application, but who are denied coverage under the assisted living Medicaid waiver for all or some of those months. 381 F.R.D. 345 (S.D. Ohio 2015).

Judge Litkovitz dismissed all of the defendants’ arguments that plaintiffs lacked standing. She found that the requirement that treatment be pursuant to a written plan should be read in the context of the rest of 42 U.S.C. § 1396a(a)(34), which requires that benefits be provided retroactively to individuals who would have been eligible for said benefits if they had applied earlier. She found that the plaintiffs were asking for prospective injunctive relief, and thus weren’t barred from suing the state by the Fourteenth Amendment. She found that the federal law hadn’t been amended prior to the case and there was thus an ongoing violation of federal law. She found that death did not preclude standing under Ohio Law, which allows intangible property interest like those in Medicaid benefits to survive an individual’s death. And she found that the fact that Mrs. Saunders was no longer eligible for assisted living waiver benefits at the time of bringing suit didn’t preclude standing because a favorable ruling would allow her to sue for retroactive benefits. Id. at 358-359.

Judge Litkovitz then issued the plaintiffs declaratory relief under her analysis of the state plan section of the Social Security Act (42 U.S.C. § 1396a). She held that the Ohio regulations prohibiting assisted living waiver benefits for up to three months prior to the month of application for individuals who were eligible for coverage at the time those services were furnished violated the retroactivity provision of 42 U.S.C. § 1396a(a)(34). She also held that defendants' failure to notify applicants for assisted living waiver benefits that they were being denied coverage for months in which they met the eligibility requirements and the reasons for such action violated 42 U.S.C. § 1396a(a)(3) and the Due Process Clause. She further held that defendants' failure to provide plaintiffs and the class with retroactive Medicaid assisted living waiver coverage to which they were otherwise entitled violated the reasonable promptness requirement of 42 U.S.C. §1396a(a)(8). Id. at 381.

Magistrate Judge Likovitz then granted plaintiffs injunctive relief. She enjoined the state from denying plaintiffs and the class eligibility for Medicaid assisted living waiver benefits for months in which they are determined to meet eligibility standards, for as early as three months prior to the month in which application is made, and required the state to modify its policies and practices to achieve this relief. She also issued an injunction requiring the state to identify and provide written notice to plaintiffs and all class members that their Medicaid assisted living waiver coverage would begin on the first day of the month in which they meet all eligibility criteria, up to three months prior to the month of application, with a notice advising them of the state administrative procedure, compliant with due process requirements, available if they desire to have the state determine whether or not they may be eligible for additional days of Medicaid assisted living waiver coverage. Id.

On September 30, 2015, the defendants appealed the court's ruling to the Sixth Circuit Court of Appeals, and asked for a stay in the ruling pending that appeal. The state argued that the ruling undermined the Medicaid assisted waiver program's requirement that assisted living waiver services be provided pursuant to a written plan of care, without which individuals would require a similar level of care in a hospital or nursing home. Judge Likovitz denied a stay, holding that any damage to the defendants was outweighed by potential damage to plaintiff class members.

On January 22, 2016, plaintiffs asked the Sixth Circuit for a limited remand of the case to clarify an oversight in defining the class for class certification. On appeal, defendants had argued that the certified class was over broad because it didn’t incorporate the two-year statute of limitations in Ohio Rev. Code § 2305.10. Plaintiffs wanted the Sixth Circuit to remand the class definition to Magistrate Judge Litkovitz so she could change the defined class to clarify that plaintiffs had filed the suit on behalf of individuals who were denied coverage on or after February 1, 2011. However, on January 29, the Sixth Circuit denied this request without explanation.

On March 23, 2016, the U.S. DOJ filed a statement of interest in support of the defendants. The DOJ argued that the district court’s ruling was contrary to the interpretation of the statute by the Secretary of Health and Human Services, would defeat the core purpose of the plan of care requirement, and undermined overall scheme of the state-provided Medicaid waiver system, which was intended to allow states to craft their own plans without excessive and unanticipated costs.

In addition to the Statement of Interest by the DOJ, amicus briefs were filed in favor of the plaintiffs by public interest groups the Ohio Centers for Assisted Living and the Ohio chapter of the National Academy of Elder Law Attorneys. On February 1, 2016, the district court stayed briefing on the plaintiffs' pending motion for attorney fees and costs until after the Sixth Circuit's ruling on the defendants' appeal. Oral arguments were heard on April 28, 2016.

On September 30, 2016, the Sixth Circuit reversed Judge Litkovitz's order of September 1, 2015. (Circuit Judge Raymond Kethledge, Danny J. Boggs, and District Judge William H. Stafford, Senior United States District Judge for the Northern District of Florida, sitting by designation). The Sixth Circuit found that the plaintiffs had standing to pursue only their February 2013 claim that the defendants failed to comply with federal law by refusing to award retroactive assisted-living benefits under 42 U.S.C. § 1396a(a)(34). However, the Sixth Circuit found that § 1396a(a)(34) did not require Ohio to pay for assisted living services rendered before the approval of a Medicaid beneficiary’s service plan, and that the district court erred in interpreting § 1396a(a)(34) to find that it required retroactive benefits. 838 F.3d 739 (6th Cir. 2016).

The Sixth Circuit issued its mandate on October 25, 2016. Under the Sixth Circuit's order and mandate, Judge Litkovitz entered summary judgment in favor of the defendants on all claims on October 31, 2016. The order also stated that because the plaintiffs were no longer prevailing parties, their motion for attorney's fees and costs was denied. The case is now closed.

Summary Authors

Ryan Berry (6/1/2016)

Sarah McDonald (8/11/2018)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5199452/parties/price-v-medicaid-director-office-of-medical-assistance/


Judge(s)
Attorney for Plaintiff

Carlson, Eric (California)

Carter, Julia A. (California)

Cassady, Peter L (Ohio)

Attorney for Defendant

Brown, Natalie R (Ohio)

DeWine, Michael (Ohio)

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Documents in the Clearinghouse

Document

1:13-cv-00074

Docket [Pacer]

Nov. 2, 2016

Nov. 2, 2016

Docket
1

1:13-cv-00074

Class Action Complaint for Injunctive and Declaratory Relief

Feb. 1, 2013

Feb. 1, 2013

Complaint
56

1:13-cv-00074

First Amended Class Action Complaint for Injunctive and Declaratory Relief

Price v. Medicaid Director

Nov. 13, 2014

Nov. 13, 2014

Complaint
60

1:13-cv-00074

JOINT STIPULATION OF DISMISSAL WITHOUT PREJUDICE OF CLAIM FOUR OF THE FIRST AMENDED COMPLAINT

Price v. Medicaid Director

Dec. 10, 2014

Dec. 10, 2014

Settlement Agreement
124

1:13-cv-00074

Defendant's Motion For Stay Of The Court's Order Pending Appeal

Price v. Director of Medicaid

July 30, 2015

July 30, 2015

Pleading / Motion / Brief
122

1:13-cv-00074

Order [Judgment]

Sept. 1, 2015

Sept. 1, 2015

Order/Opinion
121

1:13-cv-00074

Order

Sept. 1, 2015

Sept. 1, 2015

Order/Opinion
140

1:13-cv-00074

Order

Jan. 20, 2016

Jan. 20, 2016

Order/Opinion

15-04066

Brief for the Unites States as Amicus Curiae Supporting Appellant and Reversal

Price v. Medicaid Director

U. S. Court of Appeals for the Sixth Circuit

March 23, 2016

March 23, 2016

Pleading / Motion / Brief
143

1:13-cv-00074

15-04066

Opinion

Sept. 30, 2016

Sept. 30, 2016

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5199452/price-v-medicaid-director-office-of-medical-assistance/

Last updated Feb. 12, 2024, 3:01 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed by Marilyn Wenman obo Betty Hilleger and Kathryn A. Price obo Geralidine Saunders against Director, Ohio Department of Aging and Medicaid Director, Office of Medical Assistance.( Filing fee $ 350 paid − receipt number: 0648−3961964 (Attachments: # 1 Civil Cover Sheet) (eh1) (Entered: 02/04/2013)

Feb. 1, 2013

Feb. 1, 2013

Pursuant to General Order of Assignment and Reference filed on February 23, 2011, Magistrate Judge Karen L Litkovitz added for purposes of discovery. (eh1) (Entered: 02/04/2013)

Feb. 4, 2013

Feb. 4, 2013

2

WAIVER OF SERVICE Returned Executed. Waiver sent to Director, Ohio Department of Aging on 2/1/2013, answer due 4/2/2013. (Pecquet, Janet) Modified to correct answer date on 2/19/2013 (jlw). (Entered: 02/18/2013)

Feb. 18, 2013

Feb. 18, 2013

3

WAIVER OF SERVICE Returned Executed. Waiver sent to Medicaid Director, Office of Medical Assistance on 2/1/2013, answer due 4/2/2013. (Pecquet, Janet) Modified to correct answer date on 2/19/2013 (jlw). (Entered: 02/18/2013)

Feb. 18, 2013

Feb. 18, 2013

Set/Reset Deadlines: Director, Ohio Department of Aging answer due 4/2/2013; Medicaid Director, Office of Medical Assistance answer due 4/2/2013. (jlw) (Entered: 02/19/2013)

Feb. 19, 2013

Feb. 19, 2013

Notice of Correction re: 2 Waiver of Service Executed, 3 Waiver of Service Executed. Service date was incorrectly entered. The correct date is 2/1/2013 changing the answer date to 4/2/2013. Deadlines were reset. (jlw) (Entered: 02/19/2013)

Feb. 19, 2013

Feb. 19, 2013

5

NOTICE of Appearance by Cheryl R Hawkinson for Defendants Director, Ohio Department of Aging, Medicaid Director, Office of Medical Assistance (Hawkinson, Cheryl) (Entered: 02/26/2013)

Feb. 26, 2013

Feb. 26, 2013

6

STIPULATION extension of time to plead to complaint by Plaintiffs and Defendants. (Hawkinson, Cheryl) Modified to correct filer information on 3/28/2013 (lk). (Entered: 03/27/2013)

March 27, 2013

March 27, 2013

Reset Deadlines per stipulation: Director, Ohio Department of Aging answer due 4/23/2013; Medicaid Director, Office of Medical Assistance answer due 4/23/2013. (lk) (Entered: 03/28/2013)

March 28, 2013

March 28, 2013

7

ANSWER to Complaint filed by Director, Ohio Department of Aging. (Brown, Natalie) (Entered: 04/23/2013)

April 23, 2013

April 23, 2013

8

ANSWER to Complaint filed by Medicaid Director, Office of Medical Assistance. (Brown, Natalie) (Entered: 04/23/2013)

April 23, 2013

April 23, 2013

9

NOTICE of Hearing: Preliminary Pretrial Conference set for 6/20/2013 02:30 PM in Chambers before Judge S Arthur Spiegel. (km1) (Entered: 04/24/2013)

April 24, 2013

April 24, 2013

10

RULE 26(f) REPORT by Defendants Director, Ohio Department of Aging, Medicaid Director, Office of Medical Assistance, Plaintiffs Kathryn A. Price, Marilyn Wenman. (Pecquet, Janet) (Entered: 06/07/2013)

June 7, 2013

June 7, 2013

11

ORDER REASSIGNING CASE. Upon consent of the parties, this case is transferred to Magistrate Judge Karen L. Litkovitz for all further proceedings. Judge S Arthur Spiegel no longer assigned to case. Any appeal will be to the United States Court of Appeals for the Sixth Circuit. The preliminary pretrial conference set for 6/20/2013 at 2:30 p.m. is hereby VACATED. Signed by Judge S Arthur Spiegel on 6/11/2013. (km1) (Entered: 06/11/2013)

June 11, 2013

June 11, 2013

12

NOTICE: Scheduling Conference set for Wednesday, 7/10/2013 at 02:00 PM via telephone before Magistrate Judge Karen L. Litkovitz. (COUNSEL MUST LOG INTO CM/ECF TO VIEW THIS SEALED DOCUMENT IN ITS ENTIRETY FOR INSTRUCTIONS ON HOW TO PARTICIPATE IN THE TELEPHONE SCHEDULING CONFERENCE.) (art) (Entered: 06/13/2013)

June 13, 2013

June 13, 2013

13

Minute Entry: Case called this date before Magistrate Judge Karen L. Litkovitz for a Scheduling Conference held via telephone on 7/10/2013. Counsel for plaintiff and defendant present. Case calendar established. Order of the Court to follow. (Court Reporter none present.) (art) (Entered: 07/11/2013)

July 10, 2013

July 10, 2013

14

NOTICE: Status Conference set for Tuesday, 10/15/2013 at 02:00 PM via telephone before Magistrate Judge Karen L. Litkovitz. (COUNSEL MUST LOG INTO CM/ECF TO VIEW THIS SEALED DOCUMENT IN ITS ENTIRETY FOR INSTRUCTIONS ON HOW TO PARTICIPATE IN THE TELEPHONE STATUS CONFERENCE.) (art) (Entered: 07/11/2013)

July 11, 2013

July 11, 2013

15

CALENDAR ORDER: Deadline for leave to amend the pleadings set for 8/30/2013; Plaintiff to identify and produce primary expert reports deadline set for 10/6/2013; Defendant to identify and produce primary expert reports deadline set for 11/6/2013; Parties disclosure and report of rebuttal experts deadline set for 12/6/2013; Parties disclosure of non−expert (fact) witnesses deadline set for 1/6/2014; Parties to exchange witness list and summary deadline set for 2/28/2014; Discovery deadline set for 3/28/2014; Dispositive motion deadline set for 5/16/2014; Joint final pretrial order deadline set for 9/3/2014; Final Pretrial Conference set for 9/10/2014 at 02:00 PM before Magistrate Judge Karen L. Litkovitz; Bench Trial set for 10/1/2014 at 09:00 AM before Magistrate Judge Karen L. Litkovitz. Signed by Magistrate Judge Karen L. Litkovitz on 7/11/2013. (art) (Entered: 07/11/2013)

July 11, 2013

July 11, 2013

16

Minute Entry: Case called this date before Magistrate Judge Karen L. Litkovitz for a Status Conference held via telephone on 10/15/2013. Case cont'd for further status conference via telephone on Tuesday, 11/19/2013 at 3:00 pm. (Court Reporter none

Oct. 15, 2013

Oct. 15, 2013

18

NOTICE by Defendants Director, Ohio Department of Aging, Medicaid Director, Office of Medical Assistance (Brown, Natalie) (Entered: 11/15/2013)

Nov. 15, 2013

Nov. 15, 2013

19

NOTICE of Appearance by Amy Robbins Goldstein for Defendants Director, Ohio Department of Aging, Medicaid Director, Office of Medical Assistance (Goldstein, Amy) (Entered: 11/19/2013)

Nov. 19, 2013

Nov. 19, 2013

20

Minute Entry: Case called this date before Magistrate Judge Karen L. Litkovitz for a Status Conference held via telephone on 11/19/2013.Counsel for plaintiff and defendant present. Order of the Court to follow. (Court Reporter none present.) (art) (Entered: 11/19/2013)

Nov. 19, 2013

Nov. 19, 2013

21

ORDER by agreement of the parties and with the consent of the Court, class−related discovery deadline set for 1/17/2014; class certification motion deadline set for 2/18/2014. Signed by Magistrate Judge Karen L. Litkovitz on 11/19/2013. (art) (Entered: 11/20/2013)

Nov. 20, 2013

Nov. 20, 2013

22

ORDER REFERRING CASE to Magistrate Judge J. Gregory Wehrman for purposed of conducting a settlement conference. Parties are directed to contact MJ Wehrman's chambers by no later than 12/13/2013 and arrange a date for the settlement conference in this matter. Signed by Magistrate Judge Karen L. Litkovitz on 11/19/2013. (art) (Entered: 11/20/2013)

Nov. 20, 2013

Nov. 20, 2013

23

ORDER signed by Magistrate Judge J. Gregory Wehrman on 11/22/13. IT IS ORDERED: A Settlement Conference will be held on 1/13/2014 at 9:30 AM at the U.S. Courthouse, 35 West Fifth Street, Covington, Kentucky. (eh1) (Entered: 11/22/2013)

Nov. 22, 2013

Nov. 22, 2013

24

NOTICE to Take Deposition of Davonna Jeter by Plaintiffs Kathryn A. Price, Marilyn Wenman. (Pecquet, Janet) (Entered: 12/10/2013)

Dec. 10, 2013

Dec. 10, 2013

25

AMENDED NOTICE to Take Deposition of Davonna Jeter by Plaintiffs Kathryn A. Price, Marilyn Wenman. (Pecquet, Janet) Modified to clarify docket text on 12/11/2013 (jlw). (Entered: 12/10/2013)

Dec. 10, 2013

Dec. 10, 2013

26

NOTICE to Take Deposition of Lynn Periatt by Plaintiffs Kathryn A. Price, Marilyn Wenman. (Pecquet, Janet) (Entered: 12/10/2013)

Dec. 10, 2013

Dec. 10, 2013

27

MOTION for Leave to File First Amended Class Action Complaint and to Substitute Marilyn A. Wenman for Betty Hilleger, Deceased Pursuant to Fed. R. Civ. P. 25(a) and to Add Claims by Plaintiffs Kathryn A. Price, Marilyn Wenman. (Pecquet, Janet) (Entered: 12/18/2013)

Dec. 18, 2013

Dec. 18, 2013

28

MOTION for Extension of Time to File Response/Reply as to 27 MOTION for Leave to File First Amended Class Action Complaint and to Substitute Marilyn A. Wenman for Betty Hilleger, Deceased Pursuant to Fed. R. Civ. P. 25(a) and to Add Claims New date requested 2/14/2014. by Defendants Director, Ohio Department of Aging, Medicaid Director, Office of Medical Assistance. (Hawkinson, Cheryl) (Entered: 12/23/2013)

Dec. 23, 2013

Dec. 23, 2013

29

MOTION for Leave to Appear Pro Hac Vice of Eric M. Carlson (Filing fee $ 200, receipt number 0648−4388016) by Plaintiffs Kathryn A. Price, Marilyn Wenman. (Pecquet, Janet) (Entered: 12/27/2013)

Dec. 27, 2013

Dec. 27, 2013

30

MOTION for Leave to Appear Pro Hac Vice of Anna M. Rich (Filing fee $ 200, receipt number 0648−4388026) by Plaintiffs Kathryn A. Price, Marilyn Wenman. (Pecquet, Janet) (Entered: 12/27/2013)

Dec. 27, 2013

Dec. 27, 2013

31

ORDER granting 29 Motion for Leave to Appear Pro Hac Vice of attorney Eric M. Carlson. Signed by Magistrate Judge Karen L. Litkovitz on 12/30/2013. (art) (Entered: 12/30/2013)

Dec. 30, 2013

Dec. 30, 2013

33

Proposed Protective Order by Defendants Director, Ohio Department of Aging, Medicaid Director, Office of Medical Assistance. (Hawkinson, Cheryl) Modified to terminate motion on 1/7/2014 (lk). (Entered: 01/03/2014)

Jan. 3, 2014

Jan. 3, 2014

34

STIPULATION Stipulation of Extension by Plaintiffs Kathryn A. Price, Marilyn Wenman. (Pecquet, Janet) (Entered: 01/06/2014)

Jan. 6, 2014

Jan. 6, 2014

35

STIPULATION Amended Stipulation of Extension by Plaintiffs Kathryn A. Price, Marilyn Wenman. (Pecquet, Janet) (Entered: 01/06/2014)

Jan. 6, 2014

Jan. 6, 2014

36

STIPULATED PROTECTIVE ORDER. Signed by Magistrate Judge Karen L. Litkovitz on 1/8/2014. (art)

Jan. 8, 2014

Jan. 8, 2014

RECAP
37

ORDER granting parties agreed 27 28 Motion(s) that defendants shall have until 2/14/2014 in which to file a response to plaintiffs' motion for leave to file the first amended complaint, and plaintiffs' motion for class certification shall be due on or before 4/18/2014. The cut−off for discovery for class certification shall be 3/17/2014. Signed by Magistrate Judge Karen L. Litkovitz on 1/8/2014. (art) (Entered: 01/08/2014)

Jan. 8, 2014

Jan. 8, 2014

38

Minute Order for Proceedings held before Magistrate Judge J. Gregory Wehrman: Settlement Conference on 1/13/2014. Janet Pecquet, Peter Cassady, and Ashley Shannon Burke appeared for Plaintiff; Cheryl Hawkinson, Amy Goldstein, and Natalie Brown appeared for Defendant. The parties made substantial progress toward resolving the pending litigation and have requested additional time to continue negotiations. IT IS ORDERED that on or before 1/27/2014 parties shall file a joint status report. (eh1) (Entered: 01/14/2014)

Jan. 14, 2014

Jan. 14, 2014

39

ORDER that all current calendar deadlines in this matter be extended by (60) days pending the parties settlement efforts. Signed by Magistrate Judge Karen L. Litkovitz on 1/14/2014. (art) (Entered: 01/14/2014)

Jan. 14, 2014

Jan. 14, 2014

40

AMENDED Minute Order for Proceedings held before Magistrate Judge J. Gregory Wehrman: Settlement Conference on 1/13/2014. Janet Pecquet, Peter Cassady, and Ashley Shannon Burke appeared for Plaintiff; Cheryl Hawkinson and Amy Goldstein appeared for Defendant. The parties made substantial progress toward resolving the pending litigation and have requested additional time to continue negotiations. IT IS ORDERED that on or before 1/27/2014 parties shall file a joint status report. (eh1) (Entered: 01/16/2014)

Jan. 16, 2014

Jan. 16, 2014

41

Minute Entry: Case called this date before Magistrate Judge Karen L. Litkovitz for a Status Conference held via telephone on 3/26/2014. Counsel for plaintiff and defendant present. Order of the Court to follow. (Court Reporter none present.) (art) (Entered: 03/27/2014)

March 26, 2014

March 26, 2014

42

ORDER following 41 Status Conference held on 3/26/2014. Parties are to file a joint motion for an extension of the deadlines and are to include a proposed order containing agreed upon dates. This matter is set for a follow−up status conference on 4/24/2014 at 02:30 PM via telephone before Magistrate Judge Karen L. Litkovitz. Signed by Magistrate Judge Karen L. Litkovitz on 3/27/2014. (art) Modified to correct status conference date on 3/31/2014 (sct1). (Entered: 03/27/2014)

March 27, 2014

March 27, 2014

43

NOTICE: Status Conference set for Thursday, 4/24/2014 at 02:30 PM via telephone before Magistrate Judge Karen L. Litkovitz. (COUNSEL MUST LOG INTO CM/ECF TO VIEW THIS SEALED DOCUMENT IN ITS ENTIRETY FOR INSTRUCTIONS ON HOW TO PARTICIPATE IN THE TELEPHONE STATUS CONFERENCE). (art) (Entered: 03/27/2014)

March 27, 2014

March 27, 2014

44

ORDER signed by Magistrate Judge J. Gregory Wehrman on 3/27/14. IT IS ORDERED: A settlement conference will be held on APRIL 8, 2014, at 10:00 a.m. at the U.S. Courthouse, 35 West Fifth Street, Covington, Kentucky. (eh1) (Entered: 03/27/2014)

March 27, 2014

March 27, 2014

46

Minute Entry: Case called this date before Magistrate Judge Karen L. Litkovitz for a Status Conference held via telephone on 4/24/2014. Counsel for plaintiffs, and defedants present. Parties will submit a joint proposed request for extension of certain discovery and filing deadlines. (Court Reporter none present.) (art) (Entered: 05/01/2014)

April 24, 2014

April 24, 2014

47

STIPULATED CALENDAR EXTENSION ORDER: Discovery deadline, including class certification set for 7/31/2014; Plaintiffs' Motion for Class Certification shall be due on or before 9/12/2014; Memorandum in opposition for class certification shall be due on or before 10/31/2014; Reply memorandum for class certification shall be due on or before 11/21/2014; Dispositive Motions shall be due on or before 9/12/2014; Memoranda in opposition to dispositive motions shall be due on or before 10/31/2014; Reply memoranda for dispositive motions shall be due on or before 11/21/2014; Final pretrial conference and trial dates to be determined at a later date by the Court. Signed by Magistrate Judge Karen L. Litkovitz on 5/2/2014. (art) (Entered: 05/02/2014)

May 2, 2014

May 2, 2014

48

NOTICE: Status Conference set for Tuesday, 6/24/2014 at 03:30 PM via telephone before Magistrate Judge Karen L. Litkovitz. (COUNSEL MUST LOG INTO CM/ECF TO VIEW THIS SEALED DOCUMENT IN ITS ENTIRETY FOR INSTRUCTIONS ON HOW TO PARTICIPATE IN THE TELEPHONE STATUS CONFERENCE). (art) (Entered: 05/05/2014)

May 5, 2014

May 5, 2014

Defendants' counsel Cheryl Hawkinson unavailable today (death in family) for status conference set for 6/24/2014 at 3:30 pm. This matter will be reset for status conference in a couple of weeks before MJ Litkovitz. (art) (Entered: 06/24/2014)

June 24, 2014

June 24, 2014

49

NOTICE RESETTING: Status Conference reset for Tuesday, 7/8/2014 at 01:30 PM via telephone before Magistrate Judge Karen L. Litkovitz. (COUNSEL MUST LOG INTO CM/ECF TO VIEW THIS SEALED DOCUMENT IN ITS ENTIRETY FOR INSTRUCTIONS ON HOW TO PARTICIPATE IN THE TELEPHONE STATUS CONFERENCE). (art) (Entered: 06/24/2014)

June 24, 2014

June 24, 2014

50

Minute Entry: Case called this date before Magistrate Judge Karen L. Litkovitz for a Status Conference held via telephone on 7/8/2014. Counsel for plaintiffs present. Case cont'd for a rescheduled status conference tentatively set for Tuesday, 7/15/2014 at 11:00 via telephone. (Court Reporter none present.) (art) (Entered: 07/08/2014)

July 8, 2014

July 8, 2014

51

NOTICE: Status Conference set for Tuesday, 7/15/2014 at 11:00 AM via telephone before Magistrate Judge Karen L. Litkovitz. (COUNSEL MUST LOG INTO CM/ECF TO VIEW THIS SEALED DOCUMENT IN ITS ENTIRETY FOR INSTRUCTIONS ON HOW TO PARTICIPATE IN THE TELEPHONE STATUS CONFERENCE). (art) (Entered: 07/09/2014)

July 9, 2014

July 9, 2014

52

Minute Entry: Case called this date before Magistrate Judge Karen L. Litkovitz for a Status Conference held via telephone on 7/15/2014. Counsel for plaintiffs and defendants present. Revised case calendar established. Order of the Court to follow. (Court Reporter none present.) (art) (Entered: 07/15/2014)

July 15, 2014

July 15, 2014

53

REVISED CALENDAR ORDER: The cut−off date for all discovery, including class certification set for 10/31/2014; Plaintiffs' Motion for Class Certification shall be due on or before 12/12/2014; Memorandum in opposition for class certification shall be due on or before 2/6/2015; Reply memorandum for class certification shall be due on or before 2/27/2015; Dispositivie motions shall be due on or before 12/12/2014; Memorandum in opposition to dispositive motions shall be due on or before 2/6/2015; Reply memorandum for dispositive motions shall be due on or before 2/27/2015; Joint Final Pretrial Order deadline set for 6/4/2015; Final Pretrial Conference set for 6/11/2015 at 02:00 PM before Magistrate Judge Karen L. Litkovitz; Bench Trial set for 6/22/2015 at 09:00 AM before Magistrate Judge Karen L. Litkovitz. Signed by Magistrate Judge Karen L. Litkovitz on 7/15/2014. (art) (Entered: 07/15/2014)

July 15, 2014

July 15, 2014

54

STIPULATION of Extension by Defendants Director, Ohio Department of Aging, Medicaid Director, Office of Medical Assistance, Plaintiffs. (Hawkinson, Cheryl) Modified to include plaintiffs as filers on 11/13/2014 (eh1). (Entered: 11/12/2014)

Nov. 12, 2014

Nov. 12, 2014

55

ORDER granting plaintiff's 27 Motion for Leave to File first amended complaint. It is Ordered that Marilyn A. Wenman, duly appointed representative of the Estate of Betty Hilleger, Deceased, shall be substituted for plaintiff Betty Hilleger. Signed by Magistrate Judge Karen L. Litkovitz on 11/13/2014. (art) (Entered: 11/13/2014)

Nov. 13, 2014

Nov. 13, 2014

56

FIRST AMENDED CLASS ACTION COMPLAINT for injunctive and declaratory relief filed by plaintiffs. (art) (Entered: 11/13/2014)

Nov. 13, 2014

Nov. 13, 2014

57

REVISED CALENDAR ORDER: The cutoff for all discovery, including class certification, shall be 10/31/2014; Defendants shall have (30) days to file their respective answer from the date the Amended Complaint is filed. Plaintiffs' Motion for class certification shall be due on or before 1/16/2015; Memorandum in opposition for class certification shall be due on or before 2/20/2015; Reply memorandum for class certification shall be due on or before 3/13/2015; Dispositive motions shall be due on or before 1/16/2015; Memorandum in opposition to dispositive motions shall be due on or before 2/20/2015; Reply memorandum for dispositive motions shall be due on or before 3/13/2015; Parties Joint final pretrial order deadline set for 6/4/2015; Final Pretrial Conference set for 6/11/2015 at 02:00 PM before Magistrate Judge Karen L. Litkovitz; Bench Trial set for 6/22/2015 at 09:00 AM before Magistrate Judge Karen L. Litkovitz. Signed by Magistrate Judge Karen L. Litkovitz on 11/13/2014. (art) (Entered: 11/13/2014)

Nov. 13, 2014

Nov. 13, 2014

58

ANSWER to 56 Amended Complaint filed by Director, Ohio Department of Aging. (Hawkinson, Cheryl) Modified to clarify docket text on 12/8/2014 (jlw1). (Entered: 12/05/2014)

Dec. 5, 2014

Dec. 5, 2014

59

Director, Ohio Department of Medicaid ANSWER to 56 Amended Complaint filed by Medicaid Director, Office of Medical Assistance. (Hawkinson, Cheryl) (Entered: 12/05/2014)

Dec. 5, 2014

Dec. 5, 2014

60

STIPULATION Joint Stipulation of Dismissal Without Prejudice of Claim Four of the First Amended Complaint by Plaintiffs Kathryn A. Price, Marilyn Wenman. (Pecquet, Janet) (Entered: 12/10/2014)

Dec. 10, 2014

Dec. 10, 2014

61

MOTION for Leave to File Motion for Summary Judgment in Excess of Twenty (20) Pages by Defendants Director, Ohio Department of Aging, Medicaid Director, Office of Medical Assistance. (Hawkinson, Cheryl) (Entered: 12/16/2014)

Dec. 16, 2014

Dec. 16, 2014

62

NOTATION ORDER granting defendants John McCarthy adn Bonnie Kantor−Burmans' 61 Motion for Leave to File a motion for summary judgment in excess of (20) pages. Signed by Magistrate Judge Karen L. Litkovitz on 12/17/2014. (art) (Entered: 12/17/2014)

Dec. 17, 2014

Dec. 17, 2014

63

NOTICE of Change of Address by Janet Eileen Pecquet (Pecquet, Janet) (Entered: 12/19/2014)

Dec. 19, 2014

Dec. 19, 2014

64

MOTION for Leave to File Excess Pages in Motion for Summary Judgment by Plaintiffs Kathryn A. Price, Marilyn Wenman. (Pecquet, Janet) (Entered: 12/30/2014)

Dec. 30, 2014

Dec. 30, 2014

65

NOTATION ORDER granting plaintiff's 64 Motion for Leave to File Motion for Summary Judgment in Excess of (20) Pages. Signed by Magistrate Judge Karen L. Litkovitz on 12/31/2014. (art) (Entered: 12/31/2014)

Dec. 31, 2014

Dec. 31, 2014

66

MOTION for Leave to File Declaration of Janet E. Pecquet, with Attachments, Under Seal by Plaintiffs Kathryn A. Price, Marilyn Wenman. (Pecquet, Janet) (Entered: 01/15/2015)

Jan. 15, 2015

Jan. 15, 2015

67

MOTION to Seal Defendants Motion for Leave to File Exhibits of Davona Jeter and Lynn Periatt Depositions Under Seal by Defendants Director, Ohio Department of Aging, Medicaid Director, Office of Medical Assistance. (Hawkinson, Cheryl) (Entered: 01/16/2015)

Jan. 16, 2015

Jan. 16, 2015

69

Deposition of Devona Jeter's without Exhibits taken 12/16/2013 by Defendants Director, Ohio Department of Aging, Medicaid Director, Office of Medical Assistance (Attachments: # 1 Exhibit Deposition of Devona Jeter without exhibits) ***Please note that p. 53 of the deposition is misfiled as p. 35 of the pdf. ***** (Hawkinson, Cheryl) Modified docket text on 1/21/2015 (eh1). (Entered: 01/16/2015)

Jan. 16, 2015

Jan. 16, 2015

70

ORDER granting 66 Motion for Leave to File to File the Declaration of Janet E. Pecquet, with Attachments, Under Seal. Signed by Magistrate Judge Karen L. Litkovitz on 1/16/15. (eh) (Entered: 01/16/2015)

Jan. 16, 2015

Jan. 16, 2015

73

NOTICE by Plaintiffs Kathryn A. Price, Marilyn Wenman Of Manual Filing of the Declaration of Janet E. Pecquet (Pecquet, Janet) (Entered: 01/16/2015)

Jan. 16, 2015

Jan. 16, 2015

74

MOTION for Summary Judgment by Plaintiffs Kathryn A. Price, Marilyn Wenman. Responses due by 2/9/2015 (Pecquet, Janet) (Entered: 01/16/2015)

Jan. 16, 2015

Jan. 16, 2015

75

AFFIDAVIT re 74 MOTION for Summary Judgment Declaration of Cecil Albright by Plaintiffs Kathryn A. Price, Marilyn Wenman. (Pecquet, Janet) (Entered: 01/16/2015)

Jan. 16, 2015

Jan. 16, 2015

76

AFFIDAVIT re 74 MOTION for Summary Judgment Declaration Christopher Lavin by Plaintiffs Kathryn A. Price, Marilyn Wenman. (Attachments: # 1 Exhibit 1 through 4) (Pecquet, Janet) (Entered: 01/16/2015)

Jan. 16, 2015

Jan. 16, 2015

77

MOTION to Certify Class and Appointment of Class Counsel by Plaintiffs Kathryn A. Price, Marilyn Wenman. Responses due by 2/9/2015 (Attachments: # 1 Exhibit A) (Pecquet, Janet) (Entered: 01/16/2015)

Jan. 16, 2015

Jan. 16, 2015

78

AFFIDAVIT re 77 MOTION to Certify Class and Appointment of Class Counsel , 74 MOTION for Summary Judgment Declaration of C. Nietzke by Plaintiffs Kathryn A. Price, Marilyn Wenman. (Attachments: # 1 Exhibit A) (Pecquet, Janet) (Entered: 01/16/2015)

Jan. 16, 2015

Jan. 16, 2015

79

AFFIDAVIT re 77 MOTION to Certify Class and Appointment of Class Counsel , 74 MOTION for Summary Judgment Declaration of K. Brod by Plaintiffs Kathryn A. Price, Marilyn Wenman. (Pecquet, Janet) (Entered: 01/16/2015)

Jan. 16, 2015

Jan. 16, 2015

80

AFFIDAVIT re 77 MOTION to Certify Class and Appointment of Class Counsel , 74 MOTION for Summary Judgment Declaration of K. Price by Plaintiffs Kathryn A. Price, Marilyn Wenman. (Attachments: # 1 Exhibit A and B) (Pecquet, Janet) (Entered: 01/16/2015)

Jan. 16, 2015

Jan. 16, 2015

81

AFFIDAVIT re 77 MOTION to Certify Class and Appointment of Class Counsel , 74 MOTION for Summary Judgment Declaration of M. Wenman by Plaintiffs Kathryn A. Price, Marilyn Wenman. (Attachments: # 1 Exhibit A) (Pecquet, Janet) (Entered: 01/16/2015)

Jan. 16, 2015

Jan. 16, 2015

82

AFFIDAVIT re 77 MOTION to Certify Class and Appointment of Class Counsel , 74 MOTION for Summary Judgment Declaration of K. Phillips by Plaintiffs Kathryn A. Price, Marilyn Wenman. (Attachments: # 1 Exhibit A through G) (Pecquet, Janet) (Entered: 01/16/2015)

Jan. 16, 2015

Jan. 16, 2015

83

AFFIDAVIT re 77 MOTION to Certify Class and Appointment of Class Counsel , 74 MOTION for Summary Judgment Declaration of R. Nielsen by Plaintiffs Kathryn A. Price, Marilyn Wenman. (Attachments: # 1 Exhibit A through C) (Pecquet, Janet) (Entered: 01/16/2015)

Jan. 16, 2015

Jan. 16, 2015

84

AFFIDAVIT re 77 MOTION to Certify Class and Appointment of Class Counsel Declaration of K. Cannon by Plaintiffs Kathryn A. Price, Marilyn Wenman. (Pecquet, Janet) (Entered: 01/16/2015)

Jan. 16, 2015

Jan. 16, 2015

85

AFFIDAVIT re 77 MOTION to Certify Class and Appointment of Class Counsel Declaration of A. Rich by Plaintiffs Kathryn A. Price, Marilyn Wenman. (Pecquet, Janet) (Entered: 01/16/2015)

Jan. 16, 2015

Jan. 16, 2015

87

AFFIDAVIT re 77 MOTION to Certify Class and Appointment of Class Counsel Declaration of A. Burke by Plaintiffs Kathryn A. Price, Marilyn Wenman. (Pecquet, Janet) (Entered: 01/16/2015)

Jan. 16, 2015

Jan. 16, 2015

88

AFFIDAVIT re 77 MOTION to Certify Class and Appointment of Class Counsel Declaration of J. Pecquet by Plaintiffs Kathryn A. Price, Marilyn Wenman. (Pecquet, Janet) (Entered: 01/16/2015)

Jan. 16, 2015

Jan. 16, 2015

89

MOTION for Summary Judgment by Defendants Director, Ohio Department of Aging, Medicaid Director, Office of Medical Assistance. Responses due by 2/9/2015 (Attachments: # 1 Exhibit Former OAC 173−38−03, # 2 Exhibit CMS Approval Letter, # 3 Exhibit 2011 Waiver Application, # 4 Exhibit Hobbs Affidavit, # 5 Exhibit Selected pages from Waiver instructions, # 6 Exhibit Redacted Hillegar Application, # 7 Exhibit Redacted Hilleger Case Note Report, # 8 Exhibit Selected pages from Periatt Depo, # 9 Exhibit Selected page of Jeter Depo, # 10 Exhibit Redacted Plaintiffs Response to First set of Admissions, # 11 Exhibit Redacted Saunders Case Note Report, # 12 Exhibit Redacted Suanders Application) (Hawkinson, Cheryl) (Entered: 01/16/2015)

Jan. 16, 2015

Jan. 16, 2015

90

NOTICE by Defendants Director, Ohio Department of Aging, Medicaid Director, Office of Medical Assistance of Manual Filing of Deposition Exhibits of Jeter and Periatt Under Seal (Hawkinson, Cheryl) (Entered: 01/16/2015)

Jan. 16, 2015

Jan. 16, 2015

91

AFFIDAVIT re 77 MOTION to Certify Class and Appointment of Class Counsel , 74 MOTION for Summary Judgment Declaration of Janet E. Pecquet with Redacted Exhibits A through AA by Plaintiffs Kathryn A. Price, Marilyn Wenman. (Attachments: # 1 Exhibit A through AA Redacted) (Pecquet, Janet) (Entered: 01/20/2015)

Jan. 20, 2015

Jan. 20, 2015

92

ORDER until further notice granting defendants' 67 Motion for leave to file exhibits of Davona Jeter and Lynn Periatt depositions' under Seal. Signed by Magistrate Judge Karen L. Litkovitz on 1/20/2015. (art) (Entered: 01/20/2015)

Jan. 20, 2015

Jan. 20, 2015

94

NOTICE of Filing by Plaintiffs Kathryn A. Price, Marilyn Wenman re 81 Affidavit, 88 Affidavit, 83 Affidavit, 78 Affidavit, 84 Affidavit, 80 Affidavit, 87 Affidavit, 91 Affidavit, 77 MOTION to Certify Class and Appointment of Class Counsel , 85 Affidavit, 79 Affidavit, 74 MOTION for Summary Judgment , 75 Affidavit, 76 Affidavit, 82 Affidavit, 86 Affidavit (Pecquet, Janet) Modified to clarify docket text on 1/22/2015 (jee1). (Entered: 01/21/2015)

Jan. 21, 2015

Jan. 21, 2015

95

NOTICE by Defendants Director, Ohio Department of Aging, Medicaid Director, Office of Medical Assistance re 89 MOTION for Summary Judgment signature page 33 of Defendants' Motion for Summary Judgment (Hawkinson, Cheryl) (Entered: 01/21/2015)

Jan. 21, 2015

Jan. 21, 2015

96

MOTION for Leave to File Excess Pages of Memorandum in Opposition to Defendants' Motion for Summary Judgment by Plaintiffs Kathryn A. Price, Marilyn Wenman. (Pecquet, Janet) (Entered: 02/19/2015)

Feb. 19, 2015

Feb. 19, 2015

97

MOTION to Seal Document Defendants' Motion to File Exhibit 4 of Hope Roberts' Deposition and Affidavit of Matthew Hobbs Under Seal by Defendants Director, Ohio Department of Aging, Medicaid Director, Office of Medical Assistance. (Hawkinson, Cheryl) (Entered: 02/19/2015)

Feb. 19, 2015

Feb. 19, 2015

98

NOTICE by Defendants Director, Ohio Department of Aging, Medicaid Director, Office of Medical Assistance Notice of Manual Filing of Exhibit 4 of Hope Roberts' Re−deposition and Affidaivt of Matthew Hobbs (Hawkinson, Cheryl) (Entered: 02/20/2015)

Feb. 20, 2015

Feb. 20, 2015

99

NOTICE by Defendants Director, Ohio Department of Aging, Medicaid Director, Office of Medical Assistance Defendants' Notice of Filing the Re−deposition of Hope Roberts and the Deposition of Matthew Hobbs (Attachments: # 1 Exhibit Hope Roberts' Re−deposition, # 2 Exhibit Matthew Hobbs' Deposition) (Hawkinson, Cheryl) (Entered: 02/20/2015)

Feb. 20, 2015

Feb. 20, 2015

103

MOTION Judicial Notice by Plaintiffs Kathryn A. Price, Marilyn Wenman. (Pecquet, Janet) (Entered: 02/20/2015)

Feb. 20, 2015

Feb. 20, 2015

104

RESPONSE in Opposition re 74 MOTION for Summary Judgment Defendants' Memorandum in Opposition to Plaintiffs' Motion for Summary Judgment filed by Defendants Director, Ohio Department of Aging, Medicaid Director, Office of Medical Assistance. (Hawkinson, Cheryl) (Entered: 02/20/2015)

Feb. 20, 2015

Feb. 20, 2015

105

RESPONSE in Opposition re 77 MOTION to Certify Class and Appointment of Class Counsel Defendants' Memorandum in Opposition to Plaintiffs' Motion and Memorandum for Class Certification and Appointment of Class Counsel filed by Defendants Director, Ohio Department of Aging, Medicaid Director, Office of Medical Assistance. (Attachments: # 1 Exhibit Exhibit 1 Affidavit of Matthew Hobbs Placeholder, # 2 Exhibit Excerpts of Roberts' Re−deposition) (Hawkinson, Cheryl) (Entered: 02/20/2015)

Feb. 20, 2015

Feb. 20, 2015

106

NOTATION ORDER granting plaintiff's 96 Motion for Leave to File memorandum in opposition to defendants' motion for summary judgment in Excess of (20) Pages. Signed by Magistrate Judge Karen L. Litkovitz on 2/20/2015. (art) (Entered: 02/20/2015)

Feb. 20, 2015

Feb. 20, 2015

107

ORDER granting defendants' 97 Motion for leave to file Exhibit 4 of Hope Roberts' deposition 110 and affidavit of Matthew Hobbs 101 under seal. Signed by Magistrate Judge Karen L. Litkovitz on 2/20/2015. (art) (Entered: 02/23/2015)

Feb. 23, 2015

Feb. 23, 2015

Case Details

State / Territory: Ohio

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Feb. 1, 2013

Closing Date: Oct. 31, 2016

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Justice in Aging, a non-profit advocacy organization which fights against senior poverty, on behalf of applicants who were denied retroactive assisted living waiver benefits for up to three months prior to their applications.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Legal Services/Legal Aid

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Ohio Medicaid Program (Columbus), State

Defendant Type(s):

Hospital/Health Department

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

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

Constitutional Clause(s):

Due Process

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Content of Injunction:

Preliminary relief granted

Goals (e.g., for hiring, admissions)

Required disclosure

Issues

General:

Government services

Housing assistance

Payment for care

Poverty/homelessness

Public assistance grants

Public benefits (includes, e.g., in-state tuition, govt. jobs)

Relative caretakers

Timeliness of case assignment

Wait lists

Disability and Disability Rights:

disability, unspecified

Least restrictive environment

Benefit Source:

Medicaid