G. et al v. State of Hawaii, Department of Human Services et al
| G., D., S., C., M., V. and C. J. |
| State of Hawaii, Department of Human Services and Lillian B. Koller |
| 1:2008cv00551 |
| December 8, 2008 |
| US District Court for the District of Hawaii |
| Civil Rights: Welfare Office |
| Honolulu |
| ALAN C KAY |
| BARRY M. KURREN |
| None |
| Federal Question |
| 42:1396 - Tort Negligence |
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The following documents for this case are available for you to view or download:
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Filing
939
ORDER ADOPTING MAGISTRATE JUDGE'S FINDINGS AND RECOMMENDATIONS re 935 Findings and Recommendation to Grant in Part and Deny in Part Defendants State of Hawaii Department of Human Services and Lillian B. Koller's Bill of Costs. Signed by J UDGE ALAN C KAY on 5/3/11. (eps)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing
922
AMENDED JUDGMENT IN A CIVIL CASE - incorporating the Judgment previously entered on January 11, 2010, in favor of the Federal Defendants, and the Amended Findings of Fact, Conclusions of Law, and Decision, filed on January 21, 2011, that Judgment is entered in favor of all Defendants on all counts. (eps )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry .
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Filing
919
AMENDED FINDINGS OF FACT, CONCLUSIONS OF LAW, AND DECISION 915 . Signed by JUDGE ALAN C KAY on 1/21/11. (eps )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications will be served by first class mail on 01/24/2011
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Filing
915
FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION : 1) DENIES as moot the State Defendants' Rule 52(c) motion for judgment on partial findings; 2)FINDS that the State Defendants are entitled to judgment on the remaining portions of Counts I, II, III, and V; 3) FINDS that Plaintiffs have failed to prove that they are entitled to permanent injunctive relief as to their claims based on 42 U.S.C. 1396b(m)(1)(A)(i) by a preponderance of the evidence; 4)DIRECTS the Clerk of the Co urt to enter judgment in favor of the Defendants on all counts, as all counts not addressed by this Findings of Fact, Conclusions of Law, and Decision have been previously decided in favor of the State Defendants. . Signed by JUDGE ALAN C KAY on 1/7/11. (eps ) CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing
725
ORDER (1) DENYING EVERCARE'S MOTION FOR PARTIAL SUMMARY JUDGMENT AS TO PLAINTIFF L.P.'S INTEGRATION CLAIM AND THE JOINDERS THEREIN, AND (2) GRANTING EVERCARE'S MOTION FOR PARTIAL SUMMARY JUDGMENT AS TO PLAINTIFFS' EQUAL ACCESS CLA IMS UNDER THE ADA AND REHABILITATION ACT AND THE JOINDERS THEREIN re 624 ; 634 ; 639 ; 641 ; 678 ; 679 . Signed by JUDGE ALAN C KAY on 9/3/10. (eps )CERTIFICATE OF SERVICEParticipants registered to receive e lectronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications will be served by first class mail on 09/07/2010
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Filing
623
ORDER GRANTING INTERVENOR EVERCARE'S MOTION FOR LEAVE TO FILE EXHIBITS UNDER SEAL 621 [Exhibits A-P and R-S]. Signed by JUDGE ALAN C KAY on 6/25/10. (eps )CERTIFICATE OF SERVICEParticipants registered t o receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications will be served by first class mail on 06/28/2010
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Filing
610
AMENDED ORDER GRANTING IN PART, AND DENYING IN PART, EVERCARE'S MOTION FOR PARTIAL SUMMARY JUDGMENT, AND THE JOINDERS THEREIN, AS TO PLAINTIFFS' CLAIMS THAT THE QExA PROVIDER NETWORKS ARE INADEQUATE re 550 re 409 , 582 , 419 , 416 . Signed by JUDGE ALAN C KAY on 6/14/10. (eps )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications will be served by first class mail on 06/15/2010
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Filing
589
AMENDED ORDER GRANTING THE STATE DEFENDANTS' MOTION IN LIMINE, AND THE JOINDERS THEREIN, TO EXCLUDE ANY EXPERT TESTIMONY BY VERNON E. LEVERTY, AND TO STRIKE HIS REPORT 584 , 588 , 491 , 487 , 492 . Signed by JUDGE ALAN C KAY on 4/2/10. (eps )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing
584
ORDER GRANTING THE STATE DEFENDANTS' MOTION IN LIMINE, AND THE JOINDERS THEREIN, TO EXCLUDE ANY EXPERT TESTIMONY BY VERNON E. LEVERTY, AND TO STRIKE HIS REPORT 487 ; 491 ; 492 . Signed by JUDGE ALAN C KAY on 3/19/10. (eps ) CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing
529
SCHEDULING ORDER REGARDING EVERCARE'S MOTION FOR PARTIAL SUMMARYJUDGMENT ON THE ISSUE OF PROVIDER NETWORK ADEQUACY 409 . Signed by JUDGE ALAN C KAY on 2/4/10. ~ Accordingly, the hearing on Evercare's Provider Networks MSJ s hall be moved to March 8, 2010, the same day the Court is scheduled to hear the Meyers and Leverty Motions in Limine. Intervenors Evercare and WellCare of Arizona, along with the State Defendants, may submit supplemental briefing addressing any impac t that Meyers' final expert report may have on Evercare's Provider Networks MSJ, if any such report is filed, by February 22, 2010, and Plaintiffs may submit any response by February 25, 2010. (ecs, )CERTIFI CATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications will be served by first class mail on 2/5/10
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Filing
495
ORDER (1) GRANTING IN PART AND DENYING IN PART THE STATE DEFENDANTS' MOTION FOR SUMMARY JUDGMENT, AND THE JOINDERS THEREIN, AS TO COUNTS VI, VII, VIII, AND IX, (2) GRANTING THE STATE DEFENDANTS' MOTION FOR PARTIAL SUMMARY JUDGMENT, AND THE JOINDERS THEREIN, REGARDING THE LICENSE QUESTION, AND (3) DENYING PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT ON LICENSURE AND SOLVENCY ~ Signed by SR. UNITED STATES DISTRICT JUDGE JUDGE ALAN C KAY on 12/23/2009 12/24/2009. [Order follows hearing held 12/14/2009; Minutes: docket entry no. 488 . Minutes of hearing on (1) 321 State Defendants' M/SJ ("St. Defts.' Multi-count MSJ") and Joinders to said motion, doc nos. 329 and 351 . (2) 374 State Defendants' Licensure M/SJ and Joinders to said motion, doc nos. 378 and 379 ; and (3) 391 Plaintiffs' Solvency M/SJ] (afc) Modified on 1/5/2010 : correcting signature date to reflect 12/23/2009< /u> from 12/24/2009 (eps ). CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry .
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Filing
493
ORDER (1) GRANTING THE FEDERAL DEFENDANTS' MOTION FOR SUMMARY JUDGMENT AND THE JOINDERS THEREIN, (2) DENYING PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT AGAINST THE FEDERAL DEFENDANTS BASED ON THE UNLAWFUL ISSUANCE OF A WAIVER AND APPROVALS OF MANAGED CARE CONTRACTS, AND (3) DENYING PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT AGAINST THE FEDERAL DEFENDANTS BASED ON UNLAWFUL PREMIUM TAX REIMBURSEMENT ~ Signed by SR. UNITED STATES DISTRICT JUDGE ALAN C KAY on 12/23/2009. [Orde r follows hearing held 12/14/2009; Minutes: docket entry no. 488 . Minutes of hearing on (1) 298 Federal Defendants' M/SJ and Joinders to said motion, doc nos. 335 , 350 , and 363 . (2) 306 Plaintiffs' M/SJ against Federal Defendan ts on all Claims; and (3) 305 Plaintiffs' M/SJ re: Unlawful Payment of Premium Tax. (afc) CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications will be served by first class mail on December 24, 2009.
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Filing
478
ORDER GRANTING THE FEDERAL DEFENDANTS' MOTION, AND THE JOINDER THEREIN, TO SUPPLEMENT THE ADMINISTRATIVE RECORD 452 ; 457 . Signed by JUDGE ALAN C KAY on 12/10/09. (eps )CERTIFICATE OF SERVICEParticipants reg istered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications will be served by first class mail on the 12/11/2009
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Filing
420
ORDER GRANTING THE FEDERAL DEFENDANTS' MOTION TO STRIKE, AND THE JOINDERS THEREIN, (1) PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT ON LICENSURE AND SOLVENCY INSOFAR AS THE MOTION IS ASSERTED AGAINST THE FEDERAL DEFENDANTS AND (2) PLAINTIFFS MOT ION FOR SUMMARY JUDGMENT BASED ON WELLCARE'S FILING OF UNAPPROVED LICENSURE CERTIFICATION, WHICH IS ONLY ASSERTED AGAINST THE FEDERAL DEFENDANTS 399 ; 405 ; 408 ; 417 . Signed by JUDGE ALAN C KAY on 11/24/09. (eps ) CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing
402
ORDER CONTINUING THE DECEMBER 7, 2009, HEARING ON MOTIONS FOR SUMMARY JUDGMENT TO DECEMBER 14, 2009, AND SETTING BRIEFING DEADLINES ( Motion Hearing set for 12/14/2009 10:00 AM before JUDGE ALAN C KAY.). Signed by JUDGE ALAN C KAY on 11/20/09. (eps )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing
390
ORDER (1) DENYING PLAINTIFFS' MOTION FOR ORDER REQUIRING FEDERAL DEFENDANTS TO SUPPLEMENT THE RECORD AND FILE ADDITIONAL ARGUMENTS OR FOR SUMMARY JUDGMENT BASED ON EXPIRATION DATE OF FEDERAL APPROVAL OF CONTRACTS AND (2) DENYING THE STATE DEFEND ANTS' MOTION TO STRIKE PLAINTIFFS MOTION AS MOOT 388 ; 389 . Signed by JUDGE ALAN C KAY on 11/16/09. (eps )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing
358
ORDER DIRECTING PLAINTIFFS TO SERVE THE FEDERAL DEFENDANTS AND INTERVENORS WITH THEIR EX PARTE MOTION TO CONTINUE THE HEARING ON THE FEDERAL DEFENDANTS' MOTION FOR SUMMARY JUDGMENT re 357 . Signed by JUDGE ALAN C KAY on 11/9/09. (eps )-- The Court hereby directs Plaintiffs to forthwith serve the Federal Defendants and Intervenors by 2:00 p.m. today, November 9, 2009, with their motion to continue. Any response to Plaintiffs' motion to continue shall be filed by 9:00 a .m. on Thursday, November 12, 2009 CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing
352
ORDER DECLINING TO APPROVE THE STIPULATION TO EXTEND TIME TO FILE REPLY BRIEFS IN SUPPORT OF THE PARTIES' MOTIONS FOR SUMMARY JUDGMENT IN CIVIL NO. 09-00044 ACK-BMK.. Signed by JUDGE ALAN C KAY. (eps ) -- the Court declines to approve Plaintiffs and the Federal Defendants' stipulation. Consistent with Local Rule 7.4, their replies in support of their motions for summary judgment set for hearing on December 7, 2009, shall be due by November 25, 2009 CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing
345
ORDER (1) DENYING THE STATE DEFENDANTS' MOTION FOR A CONTINUATION OF THE STAY CURRENTLY IN PLACE AS TO THE LICENSE QUESTION IN THE ACTION AGAINST THEM AND INTERVENORS' JOINDERS THEREIN, (2) DENYING THE STATE DEFENDANTS MOTION TO SHORTEN TIM E AND INTERVENORS' JOINDERS THEREIN, AND (3) VACATING THE STAY 339 , 340 , 342 , 344 . Signed by JUDGE ALAN C KAY on 10/30/09. ~ The Court finds that, in deciding whether to stay consideration of the License Question in the act ion against the State Defendants, it would serve judicial economy to also evaluate the merits of the License Question in the event that the stay is found to be inappropriate. The Court therefore denies the State Defendants motion to continue the stay as to the License Question in the action against them, and Intervenors' joinders therein, so that motions for summary judgment may be filed as to the License Question. Having done so, the Court also denies the State Defendants' motion to s horten time, and Intervenors joinders therein, as moot. The Court hereby vacates the stay with respect to the License Question in the action against the State Defendants. Nevertheless, the Court will construe the State Defendant 9; motion to continue the stay as a motion for issuance of a stay on Burford abstention grounds and will set the hearing on the motion for December 14, 2009. As the State Defendantshave acknowledged in their motion to stay, the Ninth Circuit has clearly instructed that, to justify Burford abstention, the state must have concentrated suits involving the local issue in a particular court. Poulos v. Caesars World, Inc., 379 F.3d 654, 671 (9th Cir. 2004) (quoting Tucker v. First Md. Sav. & L oan, Inc., 942 F.2d 1401, 1405 (9th Cir. 1991)). The Ninth Circuit mandates strict adherence to this requirement. See, e.g., Kirkbride v. Continental Cas. Co., 933 F.2d 729, 734 (9th Cir. 1991) (holding that "the fact that California has not est ablished a specialized court system to resolve disputes over insurance policy coverage convinces us that application of the Burford doctrine to this case is unwarranted). If the State Defendants wish to supplement their Burford moti on to stay, they may do so by November 13, 2009. The Court invites the parties to promptly file motions for summary judgment as to the License Question so that this case may proceed in a timely manner. If they decide to do so, the motions also will be heard on December 14, 2009. (ecs, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing
281
ORDER SUBMITTING A CERTIFIED QUESTION OF STATE LAW TO THE HAWAI'I SUPREME COURT FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF HAWAII. Signed by JUDGE ALAN C KAY. Associated Cases: 1:08-cv-00551-ACK-BMK, 1:09-cv-00044-ACK-BMK(eps, )< h6>CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications are served by first class mail
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Filing
264
ORDER GRANTING PLAINTIFFS A.'S, S.'S, C.J.'S, AND H.T.'S MOTION FOR LEAVE TO WITHDRAW AND FOR AN ORDER DISMISSING THEIR CLAIMS WITHOUT PREJUDICE re (247 in 1:08-cv-00551-ACK-BMK). Signed by JUDGE ALAN C KAY. Associated Cases: 1:0 8-cv-00551-ACK-BMK, 1:09-cv-00044-ACK-BMK(eps ) -- The Court finds it appropriate to grant Plaintiffs A.,S., C.J., and H.T. permission to withdraw from this action. In addition, pursuant to Fed. R. Civ. P. 41(a)(2), the Court find s that the dismissal of their claims without prejudice is proper. Accordingly, the motion to withdraw and for dismissal without prejudice is granted CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications are served by first class mail
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Filing
235
ORDER GRANTING THE STATE DEFENDANTS' MOTION TO SHORTEN TIME re 230 . Signed by JUDGE ALAN C KAY. (eps ) -- *** 229 , 231 ( Motion Hearing set for 9/22/2009 10:00 AM before JUDGE ALAN C KAY.) Any opposition to the motion t o stay shall be due by Thursday, September 17, 2009. Any response to any opposition shall be due by Friday, September 18, 2009. CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications are served by first class mail
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Filing
213
ORDER GRANTING EVERCARE'S MOTION TO AMEND AND OHANA'S JOINDER 196 ; 198 . Signed by JUDGE ALAN C KAY. (eps )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing
194
Order Denying Plaintiffs 157 Motions for Temporary RestrainingOrders and to Expedite the Hearing on Their Motions forPreliminary Injunctions. Signed by JUDGE ALAN C KAY on 08/20/2009. (gab, )
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Filing
111
ORDER GRANTING DEFENDANTS' MOTION FOR RETURN OF DOCUMENTS SUBMITTED FOR IN CAMERA INSPECTION re 78 . Signed by Judge BARRY M. KURREN. (eps ) -- The Court will return the documents to Counsel for Defendants.
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Filing
91
ORDER GRANTING IN PART AND DENYING IN PART THE STATE DEFENDANTS' MOTION TO DISMISS, THE FEDERAL DEFENDANTS' SUBSTANTIVE JOINDER, AND INTERVENORS' JOINDERS 25 ; 47 ; 48 ; 49 ; 6 . Signed by JUDGE ALAN C KAY. (eps ) -- what would remain of the State Complaint is Plaintiffs' claims in counts I and V that seek to enforce 42 U.S.C. §§ 1396u-2(a)(1)(A)(i), 1396u-2(b)(5), and 1396b(m)(1) via 42 U.S.C. § 1983. And what would remain of the Federal First Amended Complaint is Plaintiffs' claim that the Secretary arbitrarily and capriciously approved the QExA Contracts.
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