K W et al v. Armstrong et al
| K W, C M, C L, A L, K S, Matthew S, N R, T F, T M, B B, R P and Marcia S |
| Richard Armstrong, Paul Leary and Idaho Department of Health and Welfare |
| Idaho Care Providers Network |
| 1:2012cv00022 |
| January 18, 2012 |
| US District Court for the District of Idaho |
| Boise - Southern Office |
| Ada - Southern |
| B. Lynn Winmill |
| Other Civil Rights |
| 42 U.S.C. ยง 1983 |
| 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
624
MEMORANDUM DECISION AND ORDER - IT IS ORDERED that Defendants Motion to Vacate (Dkt. 601 ) is DENIED. Signed by Senior Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (lm)
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Filing
621
MEMORANDUM DECISION & ORDER RE MOTION TO STRIKE CONTEMPT MOTION - Defendants Motion to Strike (Dkt. 607 ) is GRANTED to the extent that the Court will deny the pending contempt motion without prejudice to refiling after the parties have engaged in the dispute-resolution procedures laid out in the Settlement Agreement. As such, IDHW is not obligated to respond to the contempt motion at this time. Plaintiffs Motion for Civil Contempt Remedies (Dkt. 605 ) is DENIED WITHOUT PREJUDICE. Signed by Senior Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (lm)
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Filing
596
MEMORANDUM DECISION AND ORDER - Defendants Motion to Preclude Dissemination v of the SIS-A Users Manual (Dkt. 577 ) is DENIED. Plaintiffs Evidentiary Objections to Defendants Motion to Preclude the Dissemination of the SIS-A Users Manual (Dkt. 559 ) is deemed MOOT. Signed by US Magistrate Judge Candy W Dale. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (lm)
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Filing
463
MEMORANDUM DECISION AND ORDER. IT IS ORDERED that Plaintiffs' Motion for Fees and Costs (Dkt. 433 ) is GRANTED. Plaintiffs are awarded $115,380 in attorneys' fees. Defendants' Motion for Attorney Fees (Dkt. 435 ) is DENIED. Defendants' Motion to Strike (Dkt. 439 ) is DEEMED MOOT. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (kt)
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Filing
449
MEMORANDUM DECISION AND ORDER. IT IS ORDERED that Plaintiffs' Motion to Approve Notice to Class (Dkt. 434) is GRANTED IN PART AND DENIED IN PART. Plaintiffs' proposed class notice, modified as explained above, is APPROVED. Class counsel sh all: (1) post the revised notice on the OurHealthAndWelfare.org website; (2) post the revised notice on the Our Health and Welfare Facebook page; and (3) email the notice via the listserv. Defendants shall print and mail the notice to each class member and each class members guardian or family member. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (kt)
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Filing
420
MEMORANDUM DECISION AND ORDER: Class Motion for ADR Order (Dkt. 391 ) is DENIED. Signed by Judge B. Lynn Winmill.(ms)
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Filing
396
MEMORANDUM DECISION AND ORDER. IT IS HEREBY ORDERED, that the motion to enforce judgment (docket no. 353 ) and the motion to set reasonable completion deadline (docket no. 373 ) are GRANTED IN PART AND DENIED IN PART. IT IS FURTHER ORDERED, that the motion to amend submissions (docket no. 390 ) is GRANTED. IT IS FURTHER ORDERED, that the motion to strike or allow sur-reply (docket no. 388 ) is GRANTED IN PART AND DENIED IN PART. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (ckh)
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Filing
362
MEMORANDUM DECISION AND ORDER. IT IS HEREBY ORDERED, that the motion to extend (docket no. 354 ) and the amended motion to extend (docket no. 356 ) are DENIED. IT IS FURTHER ORDERED, that defendants shall respond to the pending motion to enforce (docket no. 353 ) on or before February 20, 2020. The final reply brief by plaintiffs shall be due in accordance with Local Rules.IT IS FURTHER ORDERED, that a hearing shall be held on the motion to enforce (docket no. 353 ) on March 19, 2020, at 1:30 p.m. in the Federal Courthouse in Boise Idaho. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (ckh)
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Filing
352
ORDER GRANTING JOINT MOTION TO MODIFY AMENDMENT 1 re 351 Motion - Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjs)
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Filing
338
ORDER granting 335 Joint MOTION to Amend/Correct Class Action Settlement Agreement. IT IS FURTHER ORDERED, that the Class Action Settlement Agreement (docket no. 306 -1) is hereby AMENDED. IT IS FURTHER ORDERED, that the proposed Notice (do cket no. 335-2), and the proposed process for mailing the Notice, are APPROVED. The Notice shall state thatany objections must be mailed on or before 3/31/2018 (Case Management deadline set for 3/31/2018). The Court will hold a hearing on any objecti ons set for 4/23/2018 11:00 AM in Boise - Courtroom 3 before Judge B. Lynn Winmill. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjs) Modified on 2/15/2018 (cjs).
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Filing
337
MEMORANDUM DECISION AND ORDER denying 310 Motion to Dismiss. IT IS FURTHER ORDERED, that this case be ADMINISTRATIVELY CLOSED without prejudice to the right of either party to reopen the case for any reason. IT IS FURTHER ORDERED, that the parties shall notify the Court when the Olmstead issues are either ready for trial or are to be dismissed. The Court will not set any trial date until that point, if necessary. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjs)
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Filing
309
MEMORANDUM DECISION AND ORDER - NOW THEREFORE IT IS HEREBY ORDERED, that the joint motion for preliminary approval of class action settlement and for approval of class notice (docket no. 306 ) is GRANTED IN PART AND DENIED IN PART. It is granted to the extent it seeks preliminary approval of the class settlement and approval for the proposed notice that will be sent to class members informing them of the settlement and the final hearing date. It is denied to the extent it seeks final approval o f the revised budget notice.IT IS FURTHER ORDERED, that the final hearing for approval of the classsettlement shall be held on 1/12/2017, at 3:30 p.m. in the Federal Courthouse inBoise Idaho. (Settlement Conference set for 1/12/2017 03:30 PM in Boise - Courtroom 3 before Judge B. Lynn Winmill.) Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjs)
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Filing
302
ORDER OF DISBURSEMENT - Signed by Judge B. Lynn Winmill. Associated Cases: 1:12-cv-00022-BLW, 3:12-cv-00058-BLW(caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjs)(Provided by email to jd & hg in Finance by cjs.)
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Filing
270
MEMORANDUM DECISION AND ORDER granting 185 Motion; denying 187 Motion; granting in part and denying in part 196 Motion; granting in part and denying in part 189 Motion; granting 210 Motion; granting 186 Motion; granting 183 Motion; finding as moot 214 , 229 ,and 241 Motions; denying 246 Motion. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (st)
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Filing
224
ORDER MODIFYING THE CLASS DEFINITION granting 209 . Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjs)
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Filing
203
ORDER TO SEAL CERTAIN DOCUMENTS granting 195 Motion to Seal Docket Numbers 190 , 191 , 192 , 193 , and 194 . Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjs)
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Filing
171
MEMORANDUM DECISION AND ORDER denying 153 Motion to Bifurcate and Stay; granting in part and denying in part 161 Motion for Clarification. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjs)
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Filing
147
ORDER GRANTING LEAVE TO FILE AMENDED CLASS ACTION COMPLAINT granting 146 Motion to Amend/Correct; granting 146 Motion for Leave to File. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjm)
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Filing
140
MEMORANDUM DECISION AND ORDER denying 136 IDHW's Motion to Modify; granting in part and denying in part 137 Plaintiff's Motion to Clarify or Modify. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjm)
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Filing
130
MEMORANDUM DECISION AND ORDER The motion to file a consolidated complaint (docket no. 79 ) is GRANTED. The motion to certify class (docket no. 81 ) isGRANTED. The motion to approve calculated budget notification (docket no. 97 ) is DENIED. The motion for preliminary injunction (docket no. 82 ) is GRANTED IN PART AND DENIED IN PART. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jp)
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Filing
77
CASE MANAGEMENT ORDER granting 73 MOTION to Consolidate Cases. This caseis hereby consolidated with Schultz v Armstrong CV-12-58-BLW for all purposes. the lead case shall be K.W. v. Armstrong, CV-12-22-BLW and all filings shall be made in the lead case. ADR Plan to be filed by 11/15/2013. Discovery due by 1/17/2014. Dispositive Motions due by 2/14/2014. The deadline for Amendment of Pleadings and Joinder of Parties shall be set following the class certification motion to be filed shortly by plaintiff. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjm)
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Filing
66
MEMORANDUM DECISION AND ORDER denying 42 Motion to Approve Defendants' Proposed Notices. IT IS FURTHER ORDERED, that the parties meet together in an attempt to reach agreement on a form of Notice given the direction in this decision. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjm)
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Filing
56
ORDER approving 55 Stipulation. Plaintiffs may file a sur-reply brief regarding the 42 MOTION to Approve Defendants' Proposed Notices re 31 Temporary Restraining Order, 41 Preliminary Injunction by 5/21/2012. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjm)
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Filing
49
PRELIMINARY INJUNCTION RE: PLAINTIFF E.L. approving 48 Stipulation. The Court's 41 Preliminary Injunction entered 3/12/2012, shall apply in full to plaintiff E.L., and is hereby modified to expressly include plaintiff E.L. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjm)
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Filing
41
PRELIMINARY INJUNCTION re: 38 Stipulation. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjm)
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Filing
31
TEMPORARY RESTRAINING ORDER granting in part and reserving in part 4 MOTION for Temporary Restraining Order and Preliminary Injunction. The Court waives the bond requirement of Rule 65(c) on the ground plaintiffs are indigent. The Court will extend the 14-day limit of the TRO by a like period as allowed by Rule 65(b)(2). The TRO will expire on 2/23/2012. A hearing will be held on plaintiffs motion for preliminary injunction 4 on 2/22/2012, at 11:00 a.m in Boise before Judge B. Lynn Winmill. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by cjm)
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