Ledgerwood et al v. Gillespie
| Bradley Ledgerwood and Ethel Jacobs |
| Cindy Gillespie |
| 3:2016cv00119 |
| May 2, 2016 |
| US District Court for the Eastern District of Arkansas |
| Jonesboro Office |
| Craighead |
| D. P. Marshall |
| Other Civil Rights |
| 42 U.S.C. ยง 12111 |
| None |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
80
JUDGMENT partly granting and partly denying 65 Motion. The Court awards $8,007.30 in costs for all the depositions and a reasonable attorney's fee of $75,780 for 378.9 hours' work. The total $83,787.30 is payable directly to Legal Aid of Arkansas, Inc., on behalf of the Estate of Ethel Jacobs, Louis Welch, administrator, as authorized by the Circuit Court of Phillips County, Arkansas, probate division. Signed by Judge D. P. Marshall Jr. on 7/11/2017. (jak)
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Filing
75
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)
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Filing
73
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)
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Filing
63
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)
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Filing
53
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)
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Filing
41
AGREED PROTECTIVE ORDER. Signed by Judge D. P. Marshall Jr. on 9/23/2016. (jak)
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Filing
34
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)
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Filing
32
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)
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Filing
29
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)
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Filing
24
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)
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Filing
20
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)
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Filing
8
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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