Eidex et al v. Georgia Department of Community Health et al
| Rivkah Eidex and Ephraim Eidex |
| Frank W. Berry, Georgia Division of Family and Children Services, Robyn A. Crittenden, Georgia Department of Community Health, Catherine Ivy, Georgia Department of Behavioral Health and Developmental Disabilities, Linda McCall, Judy Fitzgerald and Georgia Department of Human Services |
| 1:2021cv02520 |
| June 21, 2021 |
| US District Court for the Northern District of Georgia |
| William M Ray |
| Civil Rights: Americans with Disabilities - Other |
| 42 U.S.C. § 12101 |
| Plaintiff |
Docket Report
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| Document Text |
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| Submission of #59 MOTION to Dismiss , to District Judge William M. Ray II. (cmd) |
| Filing 62 REPLY BRIEF re #59 MOTION to Dismiss Defendants' Reply Brief in Support of Their Motion to Dismiss in Part filed by Frank W. Berry, Robyn A. Crittenden, Judy Fitzgerald, Georgia Department of Behavioral Health and Developmental Disabilities, Georgia Department of Community Health, Georgia Department of Human Services, Georgia Division of Family and Children Services, Catherine Ivy, Linda McCall. (Lones, Laura) |
| Filing 61 RESPONSE in Opposition re #59 MOTION to Dismiss filed by Ephraim Eidex, Rivkah Eidex. (Vance, Chris) |
| Filing 60 NOTICE OF VIDEO PROCEEDING re: #59 MOTION to Dismiss . Motion Hearing set for 11/23/2021 at 01:30 PM before Judge William M. Ray, II. If any party wishes for the hearing to occur live in the courtroom with all counsel present, they may petition the Court within ten (10) days of the date of this Notice. You must follow the instructions of the Court for remote proceedings available #here. The procedure for filing documentary exhibits admitted during the proceeding is available #here. Photographing, recording, or broadcasting of any judicial proceedings, including proceedings held by video teleconferencing or telephone conferencing, is strictly and absolutely prohibited. (cmd) |
| Filing 59 MOTION to Dismiss with Brief In Support by Frank W. Berry, Robyn A. Crittenden, Judy Fitzgerald, Georgia Department of Behavioral Health and Developmental Disabilities, Georgia Department of Community Health, Georgia Department of Human Services, Georgia Division of Family and Children Services, Catherine Ivy, Linda McCall. (Attachments: #1 Brief In Support Of Their Motion To Dismiss In Part Plaintiffs' Amended Complaint)(Lones, Laura) |
| Filing 58 AMENDED COMPLAINT against All Defendants with Jury Demand filed by Rivkah Eidex, Ephraim Eidex. (Attachments: #1 Verification, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G)(tcc) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form. |
Filing 57
ORDER - It is hereby ORDERED that Plaintiffs' Amended Motion for Leave to File an Amended Verified Complaint [Doc #55 ] is GRANTED. Plaintiff's original Motion for Leave to File an Amended Complaint [Doc #47 ] is terminated as moot. Signed by Judge William M. Ray, II on 9/7/2021. (tcc)
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| Filing 56 TRANSCRIPT of Telephone Conference held on June 25, 2021, before Judge William M. Ray, II. Court Reporter, Wynette C. Blathers. A full directory of court reporters and their contact information can be found at www.gand.uscourts.gov/directory-court-reporters. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/23/2021. Redacted Transcript Deadline set for 10/4/2021. Release of Transcript Restriction set for 12/1/2021. (Attachments: #1 Notice of Filing Transcript) (wxb) |
| Filing 55 Amended MOTION for Leave to File Amended Verified Complaint by Ephraim Eidex, Rivkah Eidex. (Attachments: #1 Exhibit - Amended Verified Complaint, #2 Exhibit - Verification, #3 Exhibit A - February 26, 2019 COMP Letter, #4 Exhibit B - July 31, 2019 COMP Letter, #5 Exhibit C - Final Decision, #6 Exhibit D - July 10, 2020 Letter, #7 Exhibit E - July 19, 2020 Appeal Letter, #8 Exhibit F - Email Dated July 23, 2020, #9 Exhibit G - September 29, 2020 Letter)(Vance, Chris) |
| Submission of #42 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM IMPROPERLY PLED AND LACKING IN JURISDICTION to District Judge William M. Ray, II. (cmd) |
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Filing 54
ORDER: The Court hereby ORDERS that within ten (10) days from the date of this Order Plaintiffs Ephraim Eidex and Dr. Rivkah Eidex amend their Motion for Leave to File an Amended Verified Complaint to enclose the proposed amended complaint with their filing. Signed by Judge William M. Ray, II on 8/18/2021. (cmd)
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| Filing 53 JOINT PRELIMINARY REPORT AND DISCOVERY PLAN filed by Ephraim Eidex, Rivkah Eidex. (Vance, Chris) |
| Filing 52 NOTICE by Ephraim Eidex, Rivkah Eidex Regarding Joint Preliminary Report and Discovery Plan (Vance, Chris) |
| Filing 51 RESPONSE re #47 Motion for Leave to File an Amended Verified Complaint filed by Frank W. Berry, Robyn A. Crittenden, Judy Fitzgerald, Georgia Department of Behavioral Health and Developmental Disabilities, Georgia Department of Community Health, Georgia Department of Human Services, Georgia Division of Family and Children Services, Catherine Ivy, Linda McCall. (Lones, Laura) |
| Filing 50 REPLY to Response to Motion re #42 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM IMPROPERLY PLED AND LACKING IN JURISDICTION filed by Judy Fitzgerald, Georgia Department of Behavioral Health and Developmental Disabilities, Georgia Department of Community Health, Georgia Department of Human Services, Georgia Division of Family and Children Services, Catherine Ivy, Linda McCall, Frank W. Berry, Robyn Crittenden (Lones, Laura) Modified on 8/12/2021 to add filers (rlh). |
| Filing 49 Joint Certificate of Interested Persons by Ephraim Eidex, Rivkah Eidex. (Vance, Chris) |
| Filing 48 Initial Disclosures by Ephraim Eidex, Rivkah Eidex.(Vance, Chris) |
| Filing 47 MOTION for Leave to File an Amended Verified Complaint by Ephraim Eidex, Rivkah Eidex. (Vance, Chris) Modified on 8/2/2021 to edit motion relief selection and text. (cmd) |
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Filing 46
ORDER granting #44 Motion for Leave to File Excess Pages. It is further ORDERED that Plaintiffs may file their brief opposing Defendant's motion in no more than 30 pages. Signed by Judge William M. Ray, II on 7/30/21. (rlb)
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| Filing 45 RESPONSE in Opposition re #42 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM IMPROPERLY PLED AND LACKING IN JURISDICTION filed by Ephraim Eidex, Rivkah Eidex. (Vance, Chris) |
| Filing 44 MOTION for Leave to File Excess Pages by Ephraim Eidex, Rivkah Eidex. (Attachments: #1 Text of Proposed Order)(Vance, Chris) |
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Filing 43
ORDER GRANTING #41 Motion for Leave to File Excess Pages. Defendants may submit a brief of no more than 30 pages in support of their motion to dismiss. Signed by Judge William M. Ray, II on 7/19/2021. (cmd)
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| Filing 42 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM IMPROPERLY PLED AND LACKING IN JURISDICTION with Brief In Support by Frank W. Berry, Robyn A. Crittenden, Judy Fitzgerald, Georgia Department of Behavioral Health and Developmental Disabilities, Georgia Department of Community Health, Georgia Department of Human Services, Georgia Division of Family and Children Services, Catherine Ivy, Linda McCall. (Attachments: #1 Brief Defendants' Brief in Support of Their Motion to Dismiss)(Lones, Laura) |
| Filing 41 MOTION for Leave to File Excess Pages by Robyn A. Crittenden, Judy Fitzgerald, Georgia Department of Behavioral Health and Developmental Disabilities, Georgia Department of Community Health, Georgia Department of Human Services, Georgia Division of Family and Children Services, Catherine Ivy, Linda McCall. (Attachments: #1 Text of Proposed Order)(Lones, Laura) |
| Filing 40 Return of Service Executed by Rivkah Eidex, Ephraim Eidex. Linda McCall served on 7/8/2021, answer due 7/29/2021. (Vance, Chris) |
| Filing 39 Withdrawal of Motion #2 MOTION for Temporary Restraining Order, filed by Ephraim Eidex, Rivkah Eidex. (Vance, Chris) Modified on 7/1/2021 to edit text. (cmd) |
| Filing 38 RESPONSE re #2 MOTION for Temporary Restraining Order IMMEDIATE HEARING REQUESTED filed by Frank W. Berry, Robyn A. Crittenden, Judy Fitzgerald, Georgia Department of Behavioral Health and Developmental Disabilities, Georgia Department of Community Health, Georgia Department of Human Services, Georgia Division of Family and Children Services, Catherine Ivy, Linda McCall. (Cicero, Mark) |
| Filing 37 Return of Service Executed by Rivkah Eidex, Ephraim Eidex. Robyn A. Crittenden served on 6/25/2021, answer due 7/16/2021. (Vance, Chris) |
| Filing 36 Return of Service Executed by Rivkah Eidex, Ephraim Eidex. Judy Fitzgerald served on 6/25/2021, answer due 7/16/2021. (Vance, Chris) |
| Filing 35 Return of Service Executed by Rivkah Eidex, Ephraim Eidex. Georgia Department of Human Services served on 6/25/2021, answer due 7/16/2021. (Vance, Chris) |
| Filing 34 Return of Service Executed by Rivkah Eidex, Ephraim Eidex. Georgia Division of Family and Children Services served on 6/25/2021, answer due 7/16/2021. (Vance, Chris) |
| Filing 33 Return of Service Executed by Rivkah Eidex, Ephraim Eidex. Georgia Department of Community Health served on 6/25/2021, answer due 7/16/2021. (Vance, Chris) |
| Filing 32 Return of Service Executed by Rivkah Eidex, Ephraim Eidex. Georgia Department of Behavioral Health and Developmental Disabilities served on 6/25/2021, answer due 7/16/2021. (Vance, Chris) |
| Filing 31 Return of Service Executed by Rivkah Eidex, Ephraim Eidex. Frank W. Berry served on 6/25/2021, answer due 7/16/2021. (Vance, Chris) |
| Filing 30 Return of Service Executed by Rivkah Eidex, Ephraim Eidex. Catherine Ivy served on 6/25/2021, answer due 7/16/2021. (Vance, Chris) |
| Filing 29 Minute Entry for proceedings held before Judge William M. Ray, II on 6/25/2021: The Court conducted a hearing on the Plaintiffs' #2 Motion for a Temporary Restraining Order. Defendant will continue to fund Plaintiff Ephraim Eidex's stay at Bancroft Rehabilitation Services in New Jersey through August 9, 2021. The Court takes the motion under advisement and will set a hearing in July to further determine what Plaintiff is entitled to under federal law. (Court Reporter Wynette Blathers)(jkl) |
| Filing 28 NOTICE of Appearance by Mark J. Cicero on behalf of Frank W. Berry, Robyn A. Crittenden, Judy Fitzgerald, Georgia Department of Behavioral Health and Developmental Disabilities, Georgia Department of Community Health, Georgia Department of Human Services, Georgia Division of Family and Children Services, Catherine Ivy, Linda McCall (Cicero, Mark) |
| Filing 27 NOTICE of Appearance by Michelle LeGrande on behalf of Frank W. Berry, Robyn A. Crittenden, Judy Fitzgerald, Georgia Department of Behavioral Health and Developmental Disabilities, Georgia Department of Community Health, Georgia Department of Human Services, Georgia Division of Family and Children Services, Catherine Ivy, Linda McCall (LeGrande, Michelle) |
| Filing 26 PROPOSED ORDER Granting #2 Motion for Temporary Restraining Order. (Vance, Chris) Modified on 6/28/2021 to add docket relationship to Motion for TRO. (cmd) |
| Filing 25 NOTICE by Ephraim Eidex, Rivkah Eidex of Certification of Counsel in Support of #2 Motion for Temporary Restraining Order (Attachments: #1 Exhibit A - Emails to Counsel for Defendants)(Vance, Chris) Modified on 6/25/2021 to add docket relationships to #1 Complaint and #2 MOTION. (cmd) |
| Filing 24 AFFIDAVIT of Catherine Ivy by Frank W. Berry, Robyn A. Crittenden, Judy Fitzgerald, Georgia Department of Behavioral Health and Developmental Disabilities, Georgia Department of Community Health, Georgia Department of Human Services, Georgia Division of Family and Children Services, Catherine Ivy, Linda McCall. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(LeGrande, Michelle) |
| Filing 23 Electronic Summons Issued as to Linda McCall. (cmd) |
| Filing 22 Electronic Summons Issued as to Catherine Ivy. (cmd) |
| Filing 21 Electronic Summons Issued as to Robyn A. Crittenden. (cmd) |
| Filing 20 Electronic Summons Issued as to Georgia Division of Family and Children Services. (cmd) |
| Filing 19 Electronic Summons Issued as to Judy Fitzgerald. (cmd) |
| Filing 18 Electronic Summons Issued as to Georgia Department of Behavioral Health and Developmental Disabilities. (cmd) |
| Filing 17 Electronic Summons Issued as to Georgia Department of Human Services. (cmd) |
| Filing 16 Electronic Summons Issued as to Frank W. Berry. (cmd) |
| Filing 15 Electronic Summons Issued as to Georgia Department of Community Health. (cmd) |
| Filing 14 AFFIDAVITS in Support re #2 MOTION for Temporary Restraining Order IMMEDIATE HEARING REQUESTED filed by Ephraim Eidex, Rivkah Eidex. (Attachments: #1 Affidavit of Dr. Thomas Calk, #2 Affidavit Mosher Manheim)(Vance, Chris) Modified on 6/24/2021 to edit text. (cmd) |
| Filing 13 PROPOSED SUMMONS filed by Ephraim Eidex, Rivkah Eidex for Defendant Linda McCall (Vance, Chris) |
| Filing 12 PROPOSED SUMMONS filed by Ephraim Eidex, Rivkah Eidex for Defendant Catherine Ivy (Vance, Chris) |
| Filing 11 PROPOSED SUMMONS filed by Ephraim Eidex, Rivkah Eidex for Defendant Robyn Crittenden (Vance, Chris) |
| Filing 10 PROPOSED SUMMONS filed by Ephraim Eidex, Rivkah Eidex for Defendant DFCS (Vance, Chris) |
| Filing 9 PROPOSED SUMMONS filed by Ephraim Eidex, Rivkah Eidex for Defendant Judy Fitzgerald (Vance, Chris) |
| Filing 8 PROPOSED SUMMONS filed by Ephraim Eidex, Rivkah Eidex for Defendant DBHDD (Vance, Chris) |
| Filing 7 PROPOSED SUMMONS filed by Ephraim Eidex, Rivkah Eidex for Defendant DHS (Vance, Chris) |
| Filing 6 PROPOSED SUMMONS filed by Ephraim Eidex, Rivkah Eidex for Defendant Frank Berry (Vance, Chris) |
| Filing 5 PROPOSED SUMMONS filed by Ephraim Eidex, Rivkah Eidex for Defendant DCH (Vance, Chris) |
| Filing 4 Certificate of Interested Persons by Ephraim Eidex, Rivkah Eidex. (Vance, Chris) |
| Filing 3 NOTICE of Appearance by Chris E. Vance on behalf of Ephraim Eidex, Rivkah Eidex (Vance, Chris) |
| Submission of #2 MOTION for Temporary Restraining Order IMMEDIATE HEARING REQUESTED, to District Judge William M. Ray, II. (cmd) |
| Filing 2 MOTION for Temporary Restraining Order IMMEDIATE HEARING REQUESTED with Brief In Support by Ephraim Eidex, Rivkah Eidex. (cmd) |
| Filing 1 COMPLAINT with Jury Demand filed by Ephraim Eidex, Rivkah Eidex. (Filing fee $402, receipt number AGANDC-11055771) (Attachments: #1 Verification of Complaint, #2 Exhibit A - DCH Letter Dated 2/26/2019, #3 Exhibit B - Change Results Notice Dated 7/31/2019, #4 Exhibit C - Final Decision Entered 6/3/2020, #5 Exhibit D - DCH Letter Dated 7/10/2020, #6 Exhibit E - Plaintiffs' Appeal Dated 7/19/2020, #7 Exhibit F - DCH Email Dated 7/23/2020, #8 Exhibit G - DCH Letter Dated 9/29/2020, #9 Civil Cover Sheet)(cmd) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form. |
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