Ledgerwood et al v. Gillespie

Plaintiff: Bradley Ledgerwood and Ethel Jacobs
Defendant: Cindy Gillespie
Case Number: 3:2016cv00119
Filed: May 2, 2016
Court: Arkansas Eastern District Court
Office: Jonesboro Office
County: Craighead
Presiding Judge: D. P. Marshall
Nature of Suit: Other Civil Rights
Cause of Action: 42:12111
Jury Demanded By: None

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed#Document Text
February 23, 2017 75 Opinion or Order of the Court ORDER noting 74 Motion to Substitute. First, Welch should file an addendum with his acceptance of appointment as administrator and his Letters of Administration. Second, the Court is concerned about the direct-payment request. Addendum and supplemental brief due by 3/1/2017. Signed by Judge D. P. Marshall Jr. on 2/23/2017. (jak)
January 4, 2017 73 Opinion or Order of the Court ORDER Staying this case. The 65 motion for fees and expenses, and all the related briefing will be reinstated once the party issues are resolved. Signed by Judge D. P. Marshall Jr. on 1/4/2017. (jak)
November 1, 2016 63 Opinion or Order of the Court JUDGMENT following a combined bench trial on the merits and final hearing on the request for injunctive relief. Cindy Gillespie, the Director of the Arkansas Department of Human Services, prevailed on Jacobs's ascertainable-standards claims; and those claims are dismissed with prejudice. Jacobs prevailed on her notice claims; and the Court enters judgment for Jacobs and against Director Gillespie, in her official capacity, on those claims. The Court has also entered a companion permanent in junction against Director Gillespie to grant complete relief to Jacobs on the notice claims. Jacobs's hearing-related claims are dismissed without prejudice. Jacobs is entitled to a reasonable attorney's fee and costs as allowed by law. Any fee/costs motion is due by 11/18/2016. Signed by Judge D. P. Marshall Jr. on 11/1/2016. (jak)
October 25, 2016 53 Opinion or Order of the Court ORDER pursuant to General Order 54, the Court authorizes Amy Pritchard, Leigh Anne Yeargan, and Brad Nye to bring a cell phone, laptop computer, or personal digital assistant into the Jacob Trieber Federal Building in Helena, Arkansas on 10/26/2016 and 10/27/2016 for a Bench Trial in this case. Signed by Judge D. P. Marshall Jr. on 10/25/2016. (jak)
September 23, 2016 41 Opinion or Order of the Court AGREED PROTECTIVE ORDER. Signed by Judge D. P. Marshall Jr. on 9/23/2016. (jak)
July 11, 2016 34 Opinion or Order of the Court ORDER directing the Clerk to update the short case title to be "Jacobs v. Gillespie". Signed by Judge D. P. Marshall Jr. on 7/11/2016. (jak)
July 5, 2016 32 Opinion or Order of the Court ORDER granting Plaintiffs' 31 Motion to reinstate because the dispute has ripened. The stay is dissolved. The motions for a preliminary injunction and to dismiss are reinstated. Gillespie's motion to dismiss is granted as to Ledgerwood an d denied without prejudice as to Jacobs, 14 . In Ledgerwood's current circumstances, the Court lacks subject matter jurisdiction because he lacks standing. Jacobs's motion for a preliminary injunction is partly granted and mostly denied, [ 6]. The Court orders Director Gillespie, the Arkansas Department of Human Services, and all involved DHS employees not to reduce Jacobs's ARChoices benefits until this Court has made a final decision on the merits in this case. The Court decline s to enjoin use of the ArPath assessment tool in particular or administration of the ARChoices program in general. The Court will hold a hearing about the road forward at 9:00 a.m. on 7/15/2016 in Courtroom 324 of the E.C. "Took" Gathings Federal Building, 615 South Main Street, Jonesboro, Arkansas 72401. The parties should prepare to exchange initial disclosures by 7/22/2016. Signed by Judge D. P. Marshall Jr. on 7/5/2016. (jak)
June 23, 2016 29 Opinion or Order of the Court ORDER directing the Clerk to amend the docket. Ledgerwood and Jacobs have actually filed an "Emergency Motion to Reconsider," not a Rule 59(e) motion. The Court's June 14 Order is not a judgment. The Court remains convinced that its judgment call about fitness and hardship was the best one in these circumstances. Motion, 25 , denied. Signed by Judge D. P. Marshall Jr. on 6/23/2016. (jak)
June 14, 2016 24 Opinion or Order of the Court ORDER denying without prejudice Motions, 6 & 14 . Case stayed. Joint status report due 1 July 2016 and every three months thereafter. Any part may request reinstatement of its motion as the facts develop. And the Court will respond promptly. Signed by Judge D. P. Marshall Jr. on 6/14/2016. (jak)
June 6, 2016 20 Opinion or Order of the Court ORDER granting 4 Motion. The Court appoints Welch to serve as Jacobs's next friend in this case. The Court requests a joint status report on the state administrative proceedings. Report due by 10 June 2016. Motion for leave, 18 , granted. Please file a clean substituted response by 10 June 2016. Signed by Judge D. P. Marshall Jr. on 6/6/2016. (jak)
May 5, 2016 8 Opinion or Order of the Court ORDER granting 1 and 2 Motions to Proceed in forma pauperis. Gillespie's response to the motion for preliminary injunction, 6 , is due 20 May 2016. Ledgerwood and Jacobs's reply is due 27 May 2016. The Court will hold a hearing (if one is needed) on the motion the week of 6-10 June 2016. The Court directs the Clerk to prepare a summons for Cindy Gillespie, Director of the Arkansas Department of Human Services. The Court directs the U.S. Marshal to serve the summons, the complaint, and this Order on Gillespie, as Director, at the Arkansas Department of Human Services at 700 Main Street, Little Rock, Arkansas, 72201. Service should be in person rather than by mail. The embedded request for a temporary restraining order, 3 at 30, is denied. The Court also notes the motion for appointment, 4 , and will rule on it in due course. Signed by Judge D. P. Marshall Jr. on 5/5/2016. (jak)

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Plaintiff: Bradley Ledgerwood
Represented By: Kevin Robert De Liban
Represented By: Amy Pritchard
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Plaintiff: Ethel Jacobs
Represented By: Kevin Robert De Liban
Represented By: Amy Pritchard
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Defendant: Cindy Gillespie
Represented By: Richard Neil Rosen
Represented By: David Wayne Sterling
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