T. et al v. Bowling et al
| Michael T., Eric D., Connie D., Sara F., Rebecca F., David F., Jeremy C., Jo C., Tara R. and Harv Christian R. |
| Karen Bowling and West Virginia Department of Health and Human Resources |
| 2:2015cv09655 |
| July 9, 2015 |
| US District Court for the Southern District of West Virginia |
| Charleston Office |
| Kanawha |
| Thomas E. Johnston |
| Americans with Disabilities - Other |
| 42 U.S.C. ยง 1983 |
| None |
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The following documents for this case are available for you to view or download:
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Filing
196
MEMORANDUM OPINION AND ORDER The 179 Motion to Dismiss or, in the Alternative, Motion for Summary Judgment insofar as it requests that this Court dismiss Plaintiffs' claims as moot is GRANTED IN PART and the motion insofar as it requests summa ry judgment is DENIED; the 182 Motion for Partial Summary Judgment is DENIED; this case is DISMISSED and the Clerk is directed to remove this matter from the Court's docket. Signed by Judge Thomas E. Johnston on 9/25/2018. (cc: counsel of record; any unrepresented party) (kp)
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Filing
170
MEMORANDUM OPINION AND ORDER granting in part and denying in part 155 MOTION to Vacate or Modify Preliminary Injunction Order; granting in part the Motion to Vacate or Modify Preliminary Injunction Order to the extent Defendant requests that the Court lift the injunction to allow DHHR to begin implementing the proposed service authorization system as to the named Plaintiffs; otherwise denying said motion; the Court MODIFIES its 122 memorandum opinion and order entered on 9/13/2016 as f ollows: the preliminary injunction will expire individually as to each named Plaintiff on the individual's first anchor date following this memorandum opinion and order's entry unless the anchor date falls within 90 days of entry in which case the preliminary injunction will expire on the individual's second anchor date subsequent to this order's entry; Defendant to provide the Court with an updated status report as to the new system's implementation within 30 days of this memorandum opinion and order's entry. Signed by Judge Thomas E. Johnston on 3/26/2018. (cc: counsel of record; any unrepresented party) (taq)
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Filing
169
MEMORANDUM OPINION AND ORDER denying without prejudice plaintiffs' 140 MOTION to Extend Preliminary Injunctive Relief to Class Members. Signed by Judge Thomas E. Johnston on 9/20/2017. (cc: counsel of record; any unrepresented party) (taq)
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Filing
122
MEMORANDUM OPINION AND ORDER granting in part the 28 MOTION for Preliminary Injunction, to the extent Plaintiffs request a preliminary injunction restoring the named Plaintiffs' 2014 individualized waiver benefits; the Court PRELIMINARIL Y ENJOINS AND ORDERS Defendant to reinstate the named Plaintiffs' individualized I/DD Waiver Program budgets to the amounts Plaintiffs received in 2014, but only for those Plaintiffs that received a reduction in their individualized budgets a fter 2014; this preliminary injunction to remain in force and effect pending the outcome of this action; the Clerk to UNSEAL and DOCKET the following pages within Exhibit 2 (Nisbet Declaration) and its Addendum attached to Defendant's 1/8/201 6 51 Motion for Leave to File under Seal: ECF No. 51-1 at 19, 124; ECF No. 51-2 at 1546; denying as moot 94 MOTION to Strike; denying as moot 96 MOTION to Quash Subpoena; denying as moot 10 MOTION to Dismiss Plaintiffs' Complai nt; granting 24 MOTION for Leave to File under Seal; granting 30 MOTION for Leave to File under Seal; granting in part 51 MOTION for Leave to File under Seal, to the extent that the Declaration and Addendum contain protected health and other confidential information of the Plaintiffs; within Exhibit 2, Ms. Nisbet's Declaration, pages 1 through 9 shall be made public; granting 101 MOTION for Leave to File the Declaration of Cynthia Bean; directing that the Rule 65(c) bond requirement is WAIVED as to the preliminary injunction provided herein. Signed by Judge Thomas E. Johnston on 9/13/2016. (cc: counsel of record; any unrepresented party) (taq)
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