E.; et al. vs. McManaman
Hawaii Disability Rights Center and J. E. |
Patricia McManaman |
1:2014cv00399 |
September 5, 2014 |
US District Court for the District of Hawaii |
Hawaii Office |
Honolulu |
UNASSIGNED |
BARRY M. KURREN |
Americans with Disabilities - Other |
42 U.S.C. ยง 1983 |
None |
Available Case Documents
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Filing 184 EP: STATUS CONFERENCE Discussion held.On August 31, 2017, the Magistrate Judge issued a Findings and Recommendation to Grant In Part and Deny In Part Plaintiffs' Motion for Supplemental Fees. (ECF No. 176).The Magistra te Judge also issued, in the same filing, an Order Granting In Part and Denying In Part the relief requested in Plaintiffs' Motion for Reconsideration of Amended Findings and Recommendation for Attorneys' Fees and Related Non-Taxable Expens es. (ECF No. 176).Plaintiffs filed Objections to the Magistrate Judge's August 31, 2017 Findings and Recommendation and Order. (ECF No. 177).The Court ADOPTS, AS MODIFIED, the Magistrate Judge's Amended Findings a nd Recommendation and SUSTAINS, IN PART, Plaintiffs' Objections (ECF No. 177).Specifically, the District Court adopts the Amended Findings and Recommendation with the following modifications. Plaintiffs shall be compensated for: (1) Plaintiffs' Motion for Preliminary Injunction that was withdrawn in the amount of $24,829.00;(2) Plaintiffs' Motion for Class Certification that was withdrawn in the amount of $14,332.00; and,(3) Plaintiffs' Original Complaint and their First Amended Complaint in an additional amount of $5,790.50.The Court will issue a written order. (JUDGE HELEN GILLMOR)(rls, )No COS issued for this docket entry |
Filing 123 ORDER GRANTING, IN PART, AND DENYING, IN PART, PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT (ECF No. 100 ) and GRANTING, IN PART, AND DENYING, IN PART, DEFENDANT'S MOTION FOR SUMMARY JUDGMENT (ECF No. 98 ) - Signed by JUDGE HELEN G ILLMOR on 8/12/2016. " The Court finds that Plaintiffs are the prevailing party in this action, as they achieved a judicially-sanctioned material alteration of the legal relationship of the parties through this Court 's entry of summary judgment compelling the Department to publicize the Medicaid program's coverage of ABA treatment. CRST Van Expedited, Inc. v. E.E.O.C., 136 S. Ct. 1642, 1646 (2016); Buckhannon Bd. & Care Home, Inc. v. W. V a. Dept of Health & Human Res., 532 U.S. 598, 60406 (2001); Richard S. v. Dep't of Developmental Servs. of State of Cal., 317 F.3d 1080, 1087 (9th Cir. 2003). The Court, in the exercise of its broad discretion, grants Plain tiffs' request for an award of reasonable costs and attorneys' fees. Plaintiffs are entitled to attorneys' fees in presenting their entire case, even though there are issues that are either unresolved or on which Plaintiffs di d not prevail. K.W. v. Armstrong, __ F.Supp.3d __, 2016 WL 1254225, *4-*5 (D.Idaho Mar. 28, 2016)." (emt, )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 |
Filing 113 ORDER ADOPTING MAGISTRATE JUDGE'S FINDINGS AND RECOMMENDATION (ECF NO. 108 ), AS MODIFIED. Signed by JUDGE HELEN GILLMOR on 3/17/2016. Re: 78 (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 |
Filing 62 ORDER DENYING DEFENDANTS MOTION TO DISMISS SECOND AMENDED COMPLAINT (ECF No. 46 ). Signed by JUDGE HELEN GILLMOR on 8/27/2015. (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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