Richard Stogsdill et al v. Sebelius et al
| Richard S, Nancy S, Rob L and Mary S |
| Kathleen Sebelius, Cynthia Mann, John Doe 1 through 20, CMS, Anthony Keck and South Carolina Department of Health and Human Services |
| 3:2012cv00007 |
| January 1, 2012 |
| US District Court for the District of South Carolina |
| Columbia Office |
| Richland |
| Timothy M Cain |
| Civil Rights: Americans with Disabilities - Other |
| 42 U.S.C. ยง 12117 Americans with Disabilities Act |
| Both |
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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
344
ORDER Court finds that Plaintiffs have failed to show by a preponderance of the evidence that Defendant retaliated against them in violation of the American with Disabilities Act and finds in favor of Defendant. Signed by Honorable Joseph F Anderson, Jr on 7/25/17. (mflo, )
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Filing
247
ORDER granting 203 Motion in Limine, finding there is no standing for Plaintiffs' claim for violation of the Reasonable Standards provision of the Medicaid Act and declaring that SCDHHS violated the Feasible Alternatives provision of the Medicaid Act. Signed by Honorable Joseph F. Anderson, Jr. on 07/28/2015.(bshr, )
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Filing
224
ORDER denying 192 MOTION for Reconsideration of ADA/Rehabilitation Act. Signed by Honorable Joseph F. Anderson, Jr. on 05/26/2015.(bshr, )
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Filing
207
ORDER directing parties to obtain a copy of all trial testimony and submit to the court, within twenty (20) days of receipt of the last transcript, a detailed "Statement of Facts Proven" for each violation. Signed by Honorable Joseph F. Anderson, Jr. on 04/29/2015. (bshr, )
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Filing
193
ORDER granting summary judgment on Plaintiffs' claims alleging violations of 42 U.S.C. § 1396a(a)(3) (Fair Hearing Provision), 42 U.S.C. § 1396a(a)(8) (Reasonable Promptness Provision), 42 U.S.C. § 1396a(a)(10) (Amount, Duration, and Scope), and notifying parties the § 1983 allegations will be tried via a bench trial beginning Monday, April 27, 2015, at 9:30 a.m. Signed by Honorable Joseph F. Anderson, Jr. on 04/20/2015. (bshr, )
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Filing
184
ORDER granting Defendant's Motion to Amend the answer to include the affirmative defense of statute of limitations; granting Defendant's Motion to Strike any evidence to any 2014 claims; granting Defendant's Mot ion for Judgment as a Matter of Law as to the third cause of action under the ADA and the fourth cause of action under section 504 of the Rehabilitation Act. Phase II of the bench trial is no longer necessary. Plaintiffs are to file a brief outlini ng the specific allegations related to their § 1983 claim for violation of the Medicaid Act, including a detailed explanation of the equitable relief sought, not to exceed fifteen (15) pages including attachments, within ten (10) days of the entry of this Order. Signed by Honorable Joseph F. Anderson, Jr. on 03/16/2015. (bshr, ) Modified on 3/16/2015 to edit text (mflo, ).
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Filing
158
ORDER denying 155 MOTION for Certification to Appeal Claims of Richard Stogsdill to the Court of Appeals for the Fourth Circuit. Signed by Honorable Joseph F. Anderson, Jr. on 12/31/2014.(bshr, )
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Filing
147
ORDER granting 143 MOTION to Strike Jury Demand, striking Levin's jury demand and notifying parties the case will be tried via a bench trial beginning 01/12/2015. Signed by Honorable Joseph F. Anderson, Jr. on 12/16/2014.(bshr, )
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Filing
146
ORDER denying 138 Motion for Reconsideration. Signed by Honorable Joseph F. Anderson, Jr. on 12/15/2014.(bshr, )
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Filing
136
ORDER re Replies (ECF Nos. 134 & 135 ), notifying the court reaffirms its prior ruling and denies summary judgment to both parties as to Levin's claims and requesting parties submit briefs detailing the issues to be tried to a jury and the specific authority for submitting such issues to a jury within ten (10) days. Signed by Honorable Joseph F. Anderson, Jr. on 12/01/2014. (bshr, )
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Filing
131
ORDER granting in part 102 Motion for Summary Judgment, granting summary judgment to Defendant SCDHHS as to the first cause of action alleged by Levin for violation of statutory and constitutional due process, as to the the second cause of action for violation of the SC Administrative Procedure Act as to the fifth cause of action for violation of the Medicaid Act, and dismissing all causes of action against Defendant Keck in his official capacity; denying in part [103 ] Motion for Summary Judgment, declining to issue a declaratory judgment ruling as to claims made by Stogsdill and finding that relief sought from the order issued by the South Carolina Court of Appeals is barred from consideration by this Court unde r Rooker-Feldman; and directing parties to provide the Court with additional briefing as the claims still remaining to be tried before a jury related to plaintiff Levin within fourteen (14) days of this order with such briefs not to exceed twenty (20) pages. Signed by Honorable Joseph F. Anderson, Jr. on 11/10/2014.(bshr, )
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Filing
42
ORDER granting 18 Motion to Dismiss for Lack of Jurisdiction; denying alternative Motion to Dismiss for Failure to State a Claim. Signed by Honorable Timothy M Cain on 2/11/2013.(gpre, )
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Filing
14
ORDER denying 6 Motion to Dismiss for Lack of Jurisdiction. Plaintiffs shall file an amended complaint within 10 days of this order in compliance with this order. Signed by Honorable Timothy M Cain on 5/25/12.(gpre, )
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