Case: Pelichet v. Lyon

2:18-cv-11385 | U.S. District Court for the Eastern District of Michigan

Filed Date: May 2, 2018

Closed Date: March 23, 2023

Clearinghouse coding complete

Case Summary

On May 2, 2018 a group of individuals with mental health diagnoses and Michigan Protection and Advocacy Services (MPAS) sued the Michigan Department of Health and Human Services (MDHHS); several administrative individuals, including the Commissioner, in their official capacities; Hegira Programs; and Carelink Network (two mental health subcontractors) in the U.S. District Court for the Eastern District of Michigan. Plaintiffs alleged that DHHS administered the mental health system in a manner that unnecessarily segregated and lacked sufficient due process, violating the Americans with Disabilities Act (ADA), Section 504 of the Rehabilitation Act, the 4th, 8th, and 14th Amendments of the U.S. Constitution and equivalent rights under the Michigan Constitution. District Judge Paul D. Borman was assigned to the case.

Plaintiffs were adjudicated "not guilty by reason of insanity" (NGRI) and subjected to repeated involuntary civil commitment via a MDHHS committee ("NGRI Committee"). Two of the NGRI Committee's procedures were at issue: (1) the Committee would make a recommendation provided to the probate court in association with six month review reports for one-year continuing hospitalization orders; and (2) the Committee could decide to return an individual to the hospital without any probate court intervention via rehospitalization procedures for NGRI-designated individuals without providing notice of right to appeal. According to plaintiffs, these processes through which they had their conditional liberty revoked deprived them of both substantive and procedural due process. For instance, none of the plaintiffs were notified that they had a right to contest their involuntary returns to confinement, nor did they have an opportunity to contest forced returns before a neutral decisionmaker. Plaintiffs also alleged that MDHHS employees, contractors, and subcontractors filed petitions for continuing treatment orders that were facially invalid and presented false or misleading testimony to probate courts. Plaintiffs claimed that the lack of procedure and oversight over their confinement deprived them of their 14th Amendment Equal Protection rights and that the deliberate indifference to their medical needs, including mental health and psychiatric treatment, violated the Eighth Amendment.

Plaintiffs sought a permanent injunction stopping defendants from: unnecessarily institutionalizing individuals; entering into contracts that place limits or conditions on the recommendations that a state hospital treatment professional can make to a Probate Court regarding a patient; and failing to provide due process prior to involuntarily re-admitting certain individuals and living in the community on authorized leave status. Plaintiffs also sought compensatory damages for their involuntary confinements and attorneys' fees.

The MDHHS defendants filed a motion to dismiss on June 29, 2018, arguing that the court lacked subject-matter jurisdiction; defendants had 11th Amendment jurisdictional and qualified immunity; and plaintiffs failed to state a claim for which relief could be granted and. Plaintiffs filed a more detailed amended complaint with attached exhibits detailing the administrative process navigated by plaintiffs on September 14, 2018. Other defendants filed motions to dismiss shortly thereafter.

In an opinion issued on September 20, 2019, the court found that plaintiffs' had standing and that their claims were ripe and clearly stated. Plaintiffs' failed, however, to address MDHHS's and MDHHS employee defendants' claim of Eleventh Amendment immunity against their damages claim and were therefore limited to pursuing injunctive relief against MDHHS. The court also refused to grant the individuals on the NGRI Committee any relief. 2019 WL 4619742. One of the individual defendants filed a motion for reconsideration of the court's decision not to dismiss all claims against him on October 4, 2019. The court granted the motion on March 6, 2020. 2020 WL 1083786. In the meantime, discovery continued and defendants sought a protective order, which was granted in part on June 8, 2020.

MDHHS employee defendants filed a motion for partial summary judgment on August 19, 2020, which plaintiffs filed a brief in opposition to on September 10, 2020. On October 29, 2020, MPAS entered into an interim settlement agreement with MDHHS, the terms of which included dismissing MPAS' claims against the MDHHS employee defendants. The terms of the settlement agreement included: distribution of patients' rights information; revised and updated NGRI policies and procedures within 180 days of the agreement; education and training; data collection and monitoring by MPAS; and $30,000 in costs. The settlement received final approval on July 20, 2021.

On August 19, 2020, the NGRI Committee defendants sought partial summary judgment due to qualified immunity. Magistrate Judge Anthony P. Patti granted the motion and dismissed the claims against the individuals on March 27, 2021. According the court, plaintiffs failed to show that the conduct of the individual committee members, rather than the conduct of the committee as a whole, violated a constitutional right, or that they had the authority to act as individuals. As such, defendants were protected by qualified immunity and the court did not need to address whether plaintiffs' procedural and substantive due process claims were clearly established.

One of the corporate defendants, Hegira Programs, failed to respond to plaintiffs' complaint in a timely fashion, prompting plaintiffs to ask the court to enter a default judgment against Hegira Programs. The court granted Hegira's motion to set aside the default judgment but required it to pay $6000 to plaintiffs on January 29, 2021. 2021 WL 308115. On June 16, 2021, Hegira entered a motion for summary judgment. Hegira was the last remaining defendant when the court granted in part and denied in part its motion for summary judgment on July 26, 2022. The court dismissed plaintiffs' equal protection and 8th Amendment claims but their procedural and substantive due process claims and ADA and Rehabilitation Act claims survived summary judgment. The ADA and Rehabilitation Act claims survived summary judgment largely due to plaintiffs' evidence that were not placed in the most integrated setting. Plaintiffs' due process claims survived because their evidence countered Hegira's assertion that its employees did not exercise independent professional judgment. In response, Hegira filed a motion for reconsideration of the judgment on August 9, 2022, which was denied on October 20, 2022 because plaintiffs; evidence clearly met the standard to survive summary judgment (a genuine dispute as to an issue of material fact).

On March 23, 2023, the court approved a confidential settlement agreement between the two remaining plaintiffs and defendant Hegira, the terms of which remain unknown to the Clearinghouse.

This case is now closed.

Summary Authors

NDRN (9/11/2022)

Hannah Juge (10/3/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6594454/parties/pelichet-v-gordon/

Judge(s)

Attorney for Plaintiff

Attorney for Defendant

Ballentine, Hilary A. (Michigan)

Bennett, Katherine J. (Michigan)

Blum, Loren D. (Michigan)

Caffrey, Anthony F. (Michigan)

Cardelli, Thomas G. (Michigan)

Judge(s)

Patti, Anthony P. (Michigan)

Attorney for Plaintiff

Cross, Ian T. (Michigan)

Davis, Chris E. (Michigan)

Gallagher, James M. (Michigan)

Margolis, Laurence H (Michigan)

Rizor, Andrea L. (Michigan)

Attorney for Defendant

Ballentine, Hilary A. (Michigan)

Bennett, Katherine J. (Michigan)

Blum, Loren D. (Michigan)

Caffrey, Anthony F. (Michigan)

Cardelli, Thomas G. (Michigan)

Dwaihy, Paul J. (Michigan)

Feuer, Scott L. (Michigan)

Fowler, Darrin F. (Michigan)

Holmes, Scott S. (Michigan)

Lanfear, R. Carl (Michigan)

Lynn, Ashlee (Michigan)

Occhiuto, David Armando (Michigan)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

1 2:18-cv-11385	Complaint	May 2, 2018	May 2, 2018 Complaint
87 2:18-cv-11385	Opinion and Order Ruling on Motion to Dismiss	Sept. 20, 2019	Sept. 20, 2019 Order/Opinion 2019 WL 4619742
108 2:18-cv-11385	Opinion and Order	March 6, 2020	March 6, 2020 Order/Opinion 2020 WL 1083786
151 2:18-cv-11385	Order Granting Defendant's Motion to Set Aside Entry of Default	Jan. 29, 2021	Jan. 29, 2021 Order/Opinion 2021 WL 308115
159 2:18-cv-11385	Opinion and Order Granting Motion for Partial Summary Judgment	March 29, 2021	March 29, 2021 Order/Opinion 2021 WL 1175287
167 2:18-cv-11385	Order on Motion for Protective Order	April 21, 2021	April 21, 2021 Order/Opinion 2021 WL 1841756
185-1 2:18-cv-11385	Final Settlement Agreement	July 20, 2021	July 20, 2021 Settlement Agreement
181 2:18-cv-11385	Stipulated Order Approving Final Settlement Agreement Between MPAS and MDHHS and Dismissing MPAS’ Claims Against MDHHS and Elizabeth Hertel With Prejudice	July 26, 2021	July 26, 2021 Order/Opinion
200 2:18-cv-11385	Stipulated Order Dismissing MDHHS Defendants with Prejudice	May 13, 2022	May 13, 2022 Order/Opinion
201 2:18-cv-11385	Order on Motion for Summary Judgment Pelichet v. Hertel	July 26, 2022	July 26, 2022 Order/Opinion

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/6594454/pelichet-v-gordon/

Last updated April 12, 2026, 4:35 a.m.

ECF Number	Date	Description	Link
1	May 2, 2018	COMPLAINT filed by All Plaintiffs against All Defendants with Jury Demand. Plaintiff requests summons issued. Receipt No: 0645-6716027 - Fee: $ 400. County of 1st Plaintiff: Wayne - County Where Action Arose: Wayne - County of 1st Defendant: Wayne. [Previously dismissed case: No] [Possible companion case(s): None] (Attachments: # 1 Index of Exhibits, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit) (Margolis, Laurence) (Entered: 05/02/2018) 1 Index of Exhibits View on PACER 2 Exhibit View on PACER 3 Exhibit View on PACER 4 Exhibit View on PACER 5 Exhibit View on PACER 6 Exhibit View on PACER 7 Exhibit View on PACER 8 Exhibit View on PACER 9 Exhibit View on PACER 10 Exhibit View on PACER 11 Exhibit View on PACER 12 Exhibit View on PACER 13 Exhibit View on PACER 14 Exhibit View on PACER 15 Exhibit View on PACER	Clearinghouse
2	May 2, 2018	SUMMONS Issued for * All Defendants * (NAhm) (Entered: 05/02/2018)	RECAP
3	May 8, 2018	CERTIFICATE of Service/Summons Returned Executed. Laurie Albert served on 5/4/2018, answer due 5/25/2018; Dave Barry served on 5/4/2018, answer due 5/25/2018; Carelink Network, Inc. served on 5/4/2018, answer due 5/25/2018; Joe Corso served on 5/4/2018, answer due 5/25/2018; Sharon Dodd-Kimmey served on 5/4/2018, answer due 5/25/2018; Diane Heisel served on 5/4/2018, answer due 5/25/2018; Kimberly Kulp-Osterland served on 5/4/2018, answer due 5/25/2018; Lisa Marquis served on 5/4/2018, answer due 5/25/2018; Lisa Medoff served on 5/4/2018, answer due 5/25/2018; Martha Smith served on 5/4/2018, answer due 5/25/2018. (Margolis, Laurence) (Entered: 05/08/2018)	RECAP
4	May 9, 2018	CERTIFICATE of Service/Summons Returned Executed. Hanumaiah Bandla served on 5/5/2018, answer due 5/29/2018; Aruna Bavineni served on 5/7/2018, answer due 5/29/2018; Craig Lemmen served on 5/5/2018, answer due 5/29/2018; Nick Lyon served on 5/7/2018, answer due 5/29/2018; Janet Olszewski served on 5/7/2018, answer due 5/29/2018; Mary Claire Solky served on 5/7/2018, answer due 5/29/2018. (Margolis, Laurence) (Entered: 05/09/2018)	RECAP
5	May 10, 2018	Order FOR CLERKS OFFICE TO AMEND THE CAPTION. Signed by District Judge Paul D. Borman. (NAhm) (Entered: 05/10/2018)	RECAP
6	May 14, 2018	CERTIFICATE of Service/Summons Returned Executed. Hegira Programs, Inc. served on 5/7/2018, answer due 5/29/2018; Michigan Department of Health and Human Services served on 5/7/2018, answer due 5/29/2018; Kelli Schaefer served on 5/4/2018, answer due 5/25/2018. (Margolis, Laurence) (Entered: 05/14/2018)	RECAP
7	May 23, 2018	NOTICE of Appearance by Scott S. Holmes on behalf of Carelink Network, Inc.. (Holmes, Scott) (Entered: 05/23/2018)	RECAP
8	May 23, 2018	STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Carelink Network, Inc. (Holmes, Scott) (Entered: 05/23/2018)	RECAP
9	May 24, 2018	STIPULATED ORDER to Extend Time for Defendant CareLink to File Responsive Pleading re 1 Complaint filed by Bonn Washington, Darryl Pelichet. Response due by 6/22/2018 Signed by District Judge Paul D. Borman. (DTof) (Entered: 05/24/2018)	RECAP
10	May 24, 2018	NOTICE of Appearance by Katherine J. Bennett on behalf of Laurie Albert, Hanumaiah Bandla, Dave Barry, Aruna Bavineni, Joe Corso, Diane Heisel, Kimberly Kulp-Osterland, Craig Lemmen, Nick Lyon, Lisa Marquis, Lisa Medoff, Michigan Department of Health and Human Services, Kelli Schaefer, Martha Smith, Mary Claire Solky. (Bennett, Katherine) (Entered: 05/24/2018)	RECAP
11	May 24, 2018	NOTICE of Appearance by Darrin F. Fowler on behalf of Laurie Albert, Hanumaiah Bandla, Dave Barry, Aruna Bavineni, Joe Corso, Diane Heisel, Kimberly Kulp-Osterland, Craig Lemmen, Nick Lyon, Lisa Marquis, Lisa Medoff, Michigan Department of Health and Human Services, Kelli Schaefer, Martha Smith, Mary Claire Solky. (Fowler, Darrin) (Entered: 05/24/2018)	RECAP
12	May 29, 2018	NOTICE of Appearance by Darrin F. Fowler on behalf of Sharon Dodd-Kimmey. (Fowler, Darrin) (Entered: 05/29/2018)	RECAP
13	May 29, 2018	NOTICE of Appearance by Katherine J. Bennett on behalf of Sharon Dodd-Kimmey. (Bennett, Katherine) (Entered: 05/29/2018)	RECAP
14	May 29, 2018	STIPULATED ORDER Extending Time for Certain Defendants to Answer 1 Complaint. Response due by 6/29/2018 Signed by District Judge Paul D. Borman. (DTof) (Entered: 05/29/2018)	RECAP
15	May 30, 2018	STIPULATED ORDER to Extend Time for Defendant Dodd-Kimmey to File Responsive Pleading re 1 Complaint filed by Bonn Washington, Darryl Pelichet. Response due by 6/29/2018 Signed by District Judge Paul D. Borman. (DTof) (Entered: 05/30/2018)	RECAP
16	May 30, 2018	NOTICE of Appearance by Scott L. Feuer on behalf of Charles Stern. (Feuer, Scott) (Entered: 05/30/2018)	RECAP
17	June 6, 2018	ANSWER to Complaint with Jury Demand by Hegira Programs, Inc.. (Blum, Loren) (Entered: 06/06/2018)	RECAP
18	June 6, 2018	ANSWER to Complaint with Affirmative Defenses by Hegira Programs, Inc.. (Blum, Loren) (Entered: 06/06/2018)	RECAP
19	June 7, 2018	ORDER of Attorney Substitution with stipulation. Attorney Paul J. Dwaihy for Lisa Medoff added. Signed by District Judge Paul D. Borman. (DTof) (Entered: 06/07/2018)	RECAP
20	June 20, 2018	ANSWER to Complaint with Affirmative Defenses by Charles Stern. (Feuer, Scott) (Entered: 06/20/2018)	RECAP
21	June 22, 2018	ANSWER to Complaint with Affirmative Defenses with Jury Demand by Carelink Network, Inc.. (Holmes, Scott) (Entered: 06/22/2018)	RECAP
22	June 29, 2018	ANSWER to Complaint with Affirmative Defenses with Jury Demand by Lisa Medoff. (Dwaihy, Paul) (Entered: 06/29/2018)	RECAP
23	June 29, 2018	MOTION to Dismiss by Laurie Albert, Hanumaiah Bandla, Dave Barry, Aruna Bavineni, Joe Corso, Sharon Dodd-Kimmey, Diane Heisel, Kimberly Kulp-Osterland, Craig Lemmen, Nick Lyon, Lisa Marquis, Michigan Department of Health and Human Services, Kelli Schaefer, Martha Smith, Mary Claire Solky. (Attachments: # 1 Exhibit 1 - Probate Order, # 2 Exhibit 2 - Amended Settled Record, # 3 Exhibit 3 - Commitment Order, # 4 Exhibit 4 - Continuing Order for Mental, # 5 Exhibit 5 - Petition for Discharge, # 6 Exhibit 6 - Notice of Hearing, # 7 Exhibit 7 - Burley v. Mich. Dept of Corrections) (Bennett, Katherine) (Entered: 06/29/2018) 1 Exhibit 1 - Probate Order View on PACER 2 Exhibit 2 - Amended Settled Record View on PACER 3 Exhibit 3 - Commitment Order View on PACER 4 Exhibit 4 - Continuing Order for Mental View on PACER 5 Exhibit 5 - Petition for Discharge View on PACER 6 Exhibit 6 - Notice of Hearing View on PACER 7 Exhibit 7 - Burley v. Mich. Dept of Corrections View on PACER	RECAP
24	June 29, 2018	EXHIBIT 5 - Petition for Discharge re 23 MOTION to Dismiss by Laurie Albert, Hanumaiah Bandla, Dave Barry, Aruna Bavineni, Joe Corso, Sharon Dodd-Kimmey, Diane Heisel, Kimberly Kulp-Osterland, Craig Lemmen, Nick Lyon, Lisa Marquis, Michigan Department of Health and Human Services, Kelli Schaefer, Mary Claire Solky (Bennett, Katherine) (Entered: 06/29/2018)	RECAP
25	July 9, 2018	NOTICE OF HEARING on 23 MOTION to Dismiss . Motion Hearing set for 10/3/2018 10:30 AM before District Judge Paul D. Borman (DTof) (Entered: 07/09/2018)	RECAP
26	July 9, 2018	AFFIRMATIVE DEFENSES by Charles Stern (Feuer, Scott) (Entered: 07/09/2018)	RECAP
27	July 10, 2018	AFFIRMATIVE DEFENSES by Carelink Network, Inc. (Holmes, Scott) (Entered: 07/10/2018)	RECAP
28	July 11, 2018	AFFIRMATIVE DEFENSES by Lisa Medoff (Dwaihy, Paul) (Entered: 07/11/2018)	RECAP
29	Aug. 2, 2018	MOTION Dismiss claim against Defendant Stern by Charles Stern. (Feuer, Scott) (Entered: 08/02/2018)	RECAP
30	Aug. 3, 2018	NOTICE OF HEARING on 23 MOTION to Dismiss, 29 MOTION Dismiss claim against Defendant Stern . Motion Hearing set for 10/3/2018 10:30 AM before District Judge Paul D. Borman (DTof) (Entered: 08/03/2018)	RECAP
31	Aug. 3, 2018	MOTION for Leave to File First Amended Complaint by All Plaintiffs. (Attachments: # 1 Exhibit Amended Complaint) (Margolis, Laurence) (Entered: 08/03/2018)	RECAP
32	Aug. 9, 2018	MOTION to Dismiss by Lisa Medoff. (Ballentine, Hilary) [NOTICE OF HEARING ATTACHED] Modified on 8/9/2018 (NAhm). (Entered: 08/09/2018)	RECAP
33	Aug. 16, 2018	RESPONSE to 31 MOTION for Leave to File First Amended Complaint filed by Carelink Network, Inc.. (Holmes, Scott) (Entered: 08/16/2018)	RECAP
34	Aug. 16, 2018	RESPONSE to 31 MOTION for Leave to File First Amended Complaint filed by Lisa Medoff. (Ballentine, Hilary) (Entered: 08/16/2018)	RECAP
35	Aug. 23, 2018	RESPONSE to 29 MOTION Dismiss claim against Defendant Stern filed by All Plaintiffs. (Margolis, Laurence) (Entered: 08/23/2018)	RECAP
36	Aug. 30, 2018	RESPONSE to 32 MOTION to Dismiss filed by All Plaintiffs. (Margolis, Laurence) (Entered: 08/30/2018)	RECAP
37	Sept. 4, 2018	ORDER REFERRING MOTION to Magistrate Judge Mona K. Majzoub: 31 MOTION for Leave to File First Amended Complaint filed by Bonn Washington, Darryl Pelichet. Signed by District Judge Paul D. Borman. (DTof) (Entered: 09/04/2018)	RECAP
38	Sept. 4, 2018	ORDER of DISQUALIFICATION and REASSIGNING CASE from Magistrate Judge Mona K. Majzoub to Magistrate Judge David R. Grand. (SSch) (Entered: 09/04/2018)	RECAP
39	Sept. 4, 2018	ORDER REFERRING MOTION to Magistrate Judge David R. Grand: 31 MOTION for Leave to File First Amended Complaint filed by Bonn Washington, Darryl Pelichet. Signed by District Judge Paul D. Borman. (DTof) (Entered: 09/04/2018)	RECAP
	Sept. 4, 2018	TEXT-ONLY NOTICE: Motion Hearing set for 10/03/2018 is Cancelled. (DTof)
	Sept. 4, 2018	Text-Only Notice of Hearing Cancelled
40	Sept. 5, 2018	REPLY to Response re 29 MOTION Dismiss claim against Defendant Stern filed by Charles Stern. (Feuer, Scott) (Entered: 09/05/2018)	RECAP
41	Sept. 11, 2018	ORDER of DISQUALIFICATION and REASSIGNING CASE from Magistrate Judge David R. Grand to Magistrate Judge Anthony P. Patti. (SSch) (Entered: 09/11/2018)	RECAP
42	Sept. 13, 2018	ORDER REFERRING MOTION to Magistrate Judge Anthony P. Patti: 31 MOTION for Leave to File First Amended Complaint filed by Bonn Washington, Darryl Pelichet. Signed by District Judge Paul D. Borman. (DTof) (Entered: 09/13/2018)	RECAP
43	Sept. 13, 2018	REPLY to Response re 32 MOTION to Dismiss filed by Lisa Medoff. (Ballentine, Hilary) (Entered: 09/13/2018)	RECAP
	Sept. 13, 2018	Text-Only Order
	Sept. 13, 2018	TEXT-ONLY ORDER: Plaintiff's Motion for Leave to file an Amended Complaint is GRANTED as unopposed and because "leave shall be freely granted when justice so requires." Fed. R. Civ. P. 15(a)(2).-- Entered by Magistrate Judge Anthony P. Patti. re: 31 MOTION for Leave to File First Amended Complaint filed by Bonn Washington, Darryl Pelichet. (MWil)
44	Sept. 14, 2018	AMENDED COMPLAINT with Jury Demand filed by All Plaintiffs against All Defendants. NEW PARTIES ADDED. (Margolis, Laurence) (Entered: 09/14/2018)	RECAP
45	Sept. 14, 2018	NOTICE of Appearance by Andrea L. Rizor on behalf of Michigan Protection and Advocacy Service, Incorporated. (Rizor, Andrea) (Entered: 09/14/2018)	RECAP
46	Sept. 14, 2018	NOTICE of Appearance by Chris E. Davis on behalf of Michigan Protection and Advocacy Service, Incorporated. (Davis, Chris) (Entered: 09/14/2018)	RECAP
	Sept. 14, 2018	TEXT-ONLY NOTICE: Motion Hearing on 10/3/2018 is Cancelled. (DTof)
	Sept. 14, 2018	Text-Only Notice of Hearing Cancelled
	Sept. 14, 2018	Request for Additional Summons
	Sept. 14, 2018	REQUEST for SUMMONS for Behavioral Health Professionals, Incorporated, New Center Community Services, Inc.. (Margolis, Laurence)
47	Sept. 17, 2018	SUMMONS Issued for Behavioral Health Professionals, Incorporated, New Center Community Services, Inc. (DAll) (Entered: 09/17/2018)	RECAP
48	Sept. 24, 2018	STIPULATED ORDER to Extend Time for MDHHS Defendants to File Responsive Pleading re 44 Amended Complaint filed by Bonn Washington, Darryl Pelichet. Response due by 10/12/2018 Signed by District Judge Paul D. Borman. (DTof) (Entered: 09/24/2018)	RECAP
49	Sept. 25, 2018	MOTION to Dismiss by Charles Stern. (Feuer, Scott) (Entered: 09/25/2018)	RECAP
50	Sept. 27, 2018	STIPULATION AND ORDER to Extend Time for defendant CareLink to File Responsive Pleading re 44 Amended Complaint filed by Bonn Washington, Darryl Pelichet. Response due by 10/19/2018 Signed by District Judge Paul D. Borman. (DTof) (Entered: 09/27/2018)	RECAP
51	Sept. 28, 2018	STIPULATION to Extend Deadline for Defendant Lisa Medoff to File Response to First Amended Complaint by Lisa Medoff (Dwaihy, Paul) (Entered: 09/28/2018)	RECAP
52	Oct. 2, 2018	ORDER to Extend Time for Defendant Lisa Medoff to File Responsive Pleading re 44 Amended Complaint filed by Bonn Washington, Darryl Pelichet. Response due by 10/19/2018 Signed by District Judge Paul D. Borman. (DTof) (Entered: 10/02/2018)	RECAP
53	Oct. 2, 2018	CERTIFICATE of Service/Summons Returned Executed. Behavioral Health Professionals, Incorporated served on 9/18/2018, answer due 10/9/2018. (Margolis, Laurence) (Entered: 10/02/2018)	RECAP
54	Oct. 4, 2018	ORDER Regarding Brief page limit. Signed by District Judge Paul D. Borman. (DTof) (Entered: 10/04/2018)	RECAP
55	Oct. 9, 2018	STIPULATION AND ORDER to Extend Time for Defendant Behavioral Health Professionals to File Responsive Pleading re 44 Amended Complaint filed by Bonn Washington, Darryl Pelichet. Response due by 10/23/2018 Signed by District Judge Paul D. Borman. (DTof) (Entered: 10/09/2018)	RECAP
56	Oct. 12, 2018	MOTION to Dismiss First Amended Complaint by Laurie Albert, Hanumaiah Bandla, Dave Barry, Aruna Bavineni, Joe Corso, Sharon Dodd-Kimmey, Diane Heisel, Kimberly Kulp-Osterland, Craig Lemmen, Nick Lyon, Lisa Marquis, Michigan Department of Health and Human Services, Kelli Schaefer, Martha Smith, Mary Claire Solky. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 - 1/30/18 Court Order, # 3 Exhibit 2 - 3/27/07 Amended Settled Record, # 4 Exhibit 3 - 3/12/07 Commitment Order, # 5 Exhibit 4 - 10/11/17 Order, # 6 Exhibit 5 - 4/3/18 Petition, # 7 Exhibit 6 - 10/1/18 Order, # 8 Exhibit 7 - 4/21/17 Order, # 9 Exhibit 8 - 7/11/2014 Settled Record, # 10 Exhibit 9 - 11/29/2017 Order, # 11 Exhibit 10 - Caldwell v. Michigan, No. 09-12217, 2009 U.S. Dist. LEXIS 76220 (E.D. Mich. Aug. 26, 2009), # 12 Exhibit 11 - Lemmen Form CS-301) (Bennett, Katherine) (Entered: 10/12/2018)	RECAP
57	Oct. 15, 2018	STIPULATION AND ORDER extending page limitation for Defendant Behavioral Health Professionals, Inc. Signed by District Judge Paul D. Borman. (DTof) (Entered: 10/15/2018)	RECAP
58	Oct. 15, 2018	STIPULATION AND ORDER extending page limitation as to Defendant CareLink Network, Inc. Signed by District Judge Paul D. Borman. (DTof) (Entered: 10/15/2018)	RECAP
59	Oct. 16, 2018	STIPULATION To Extend Page Limitation of Brief in Support of Motion to Dismiss by Lisa Medoff (Dwaihy, Paul) (Entered: 10/16/2018)	RECAP
60	Oct. 16, 2018	RESPONSE to 49 MOTION to Dismiss Amended Complaint filed by All Plaintiffs. (Margolis, Laurence) Modified on 10/17/2018 (DWor). [DOCUMENT FILED BY DARRYL PELICHET, ONLY] (Entered: 10/16/2018)	RECAP
61	Oct. 17, 2018	ORDER Extending Page Limitation for Defendant Lisa Medoff's Motion to Dismiss. Signed by District Judge Paul D. Borman. (DTof) (Entered: 10/17/2018)	RECAP
62	Oct. 19, 2018	MOTION to Dismiss by Carelink Network, Inc.. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5) (Holmes, Scott) (Entered: 10/19/2018) 1 Index of Exhibits View on PACER 2 Exhibit 1 View on PACER 3 Exhibit 2 View on PACER 4 Exhibit 3 View on PACER 5 Exhibit 4 View on PACER 6 Exhibit 5 View on PACER	RECAP
63	Oct. 19, 2018	MOTION to Dismiss First Amended Complaint, MOTION to Dismiss by Lisa Medoff. (Attachments: # 1 Index of Exhibits Index of Exhibits, # 2 Exhibit Exhibit A) (Ballentine, Hilary) Modified on 10/19/2018 (DWor). [DOCUMENT ENTITLED "MOTION TO DISMISS FIRST AMENDED COMPLAINT AND JOINDER AND CONCURRENCE WITH HDHHS DEFENDANTS' MOTION TO DISMISS FIRST AMENDED COMPLAINT (R.E. 56) AND DEFENDANT CHARLES STERN'S MOTION TO DISMISS (R.E. 49)"] (Entered: 10/19/2018)	RECAP
64	Oct. 23, 2018	MOTION to Dismiss by Behavioral Health Professionals, Incorporated. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7) (Holmes, Scott) (Entered: 10/23/2018)	RECAP
65	Oct. 29, 2018	REPLY to Response re 64 MOTION to Dismiss, 49 MOTION to Dismiss, 62 MOTION to Dismiss, 56 MOTION to Dismiss First Amended Complaint, 63 MOTION to Dismiss First Amended Complaint MOTION to Dismiss filed by Charles Stern. (Feuer, Scott) (Entered: 10/29/2018)	RECAP
66	Oct. 30, 2018	STIPULATED ORDER re: page limits and Set Motion and R&R Deadlines/Hearings as to 56 MOTION to Dismiss First Amended Complaint :( Response due by 11/16/2018) Signed by District Judge Paul D. Borman. (DTof) (Entered: 10/30/2018)	RECAP
67	Nov. 7, 2018	STIPULATED ORDER Regarding Page Length of Brief. Signed by District Judge Paul D. Borman. (DTof) (Entered: 11/07/2018)	RECAP
68	Nov. 14, 2018	STIPULATION AND ORDER, Behavioral Health Professionals, Incorporated and Carelink Network, Inc. dismissed. Signed by District Judge Paul D. Borman. (DTof) (Entered: 11/14/2018)	RECAP
69	Nov. 16, 2018	RESPONSE to 56 MOTION to Dismiss First Amended Complaint filed by All Plaintiffs. (Attachments: # 1 Exhibit Exhibit 1: Briefing for In Re Washington, # 2 Exhibit Exhibit 2: Transcript of Preliminary Motions, In Re Pelichet 1.29.18, # 3 Exhibit Exhibit 3: Transcript of Preliminary Motions, In Re Pelichet 5.31.17, # 4 Exhibit Exhibit 4: Ragland Progress Note Re: NGRI Contract Interpretation, # 5 Exhibit Exhibit 5: Clinical Certificate Completed by Dr. John Head 9.17.18, # 6 Exhibit Exhibit 6: ORR Report Re. Stern Testimony on 5.31.17) (Margolis, Laurence) (Entered: 11/16/2018)	RECAP
70	Nov. 26, 2018	STIPULATED ORDER., Set Motion and R&R Deadlines/Hearings as to 56 MOTION to Dismiss First Amended Complaint :( Reply due by 12/14/2018) Signed by District Judge Paul D. Borman. (DTof) (Entered: 11/26/2018)	RECAP
71	Nov. 26, 2018	RESPONSE to 63 MOTION to Dismiss First Amended Complaint MOTION to Dismiss by Lisa Medoff filed by All Plaintiffs. (Margolis, Laurence) (Entered: 11/26/2018)	RECAP
72	Nov. 28, 2018	NOTICE OF HEARING on 56 MOTION to Dismiss First Amended Complaint. Motion Hearing set for 2/6/2019 03:00 PM before District Judge Paul D. Borman (DTof) (Entered: 11/28/2018)	RECAP
73	Nov. 28, 2018	NOTICE OF HEARING on 63 MOTION to Dismiss First Amended Complaint MOTION to Dismiss, 49 MOTION to Dismiss . Motion Hearing set for 2/13/2019 03:00 PM before District Judge Paul D. Borman (DTof) (Entered: 11/28/2018)	RECAP
74	Dec. 7, 2018	STIPULATED ORDER., Set Motion and R&R Deadlines/Hearings as to 63 MOTION to Dismiss First Amended Complaint MOTION to Dismiss :( Reply due by 12/31/2018) Signed by District Judge Paul D. Borman. (DTof) (Entered: 12/07/2018)	RECAP
	Dec. 7, 2018	RESET TIME as to 56 MOTION to Dismiss First Amended Complaint. Motion Hearing set for 2/6/2019 02:30 PM before District Judge Paul D. Borman (DTof)
	Dec. 7, 2018	RESET TIME as to 63 MOTION to Dismiss First Amended Complaint MOTION to Dismiss, 49 MOTION to Dismiss . Motion Hearing set for 2/13/2019 02:30 PM before District Judge Paul D. Borman (DTof)
	Dec. 7, 2018	Set Motion and R&R Deadlines/Hearings
75	Dec. 14, 2018	REPLY to Response re 56 MOTION to Dismiss First Amended Complaint filed by Michigan Department of Health and Human Services. (Attachments: # 1 Exhibit) (Bennett, Katherine) (Entered: 12/14/2018)	RECAP
76	Dec. 31, 2018	REPLY to Response re 63 MOTION to Dismiss First Amended Complaint MOTION to Dismiss First Amended Complaint and Joinder and Concurrence with MDHHS Defendants' Reply Brief (R.E. 75) and Defendant Charles Stern's Reply Brief (R.E. 65) filed by Lisa Medoff. (Ballentine, Hilary) (Entered: 12/31/2018)	RECAP
77	Jan. 25, 2019	RE-NOTICE OF HEARING on 56 MOTION to Dismiss First Amended Complaint. Motion Hearing RESET for 2/28/2019 02:30 PM before District Judge Paul D. Borman (DTof) (Entered: 01/25/2019)	RECAP
78	Jan. 25, 2019	RE-NOTICE OF HEARING on 63 MOTION to Dismiss First Amended Complaint MOTION to Dismiss, 49 MOTION to Dismiss . Motion Hearing RESET for 3/6/2019 02:30 PM before District Judge Paul D. Borman (DTof) (Entered: 01/25/2019)	RECAP
79	Feb. 25, 2019	RE-NOTICE OF HEARING on 56 MOTION to Dismiss First Amended Complaint. Motion Hearing RESET for 3/1/2019 02:00 PM before District Judge Paul D. Borman (FROM 2/28/2019) (DTof) (Entered: 02/25/2019)	RECAP
80	Feb. 27, 2019	RE-NOTICE OF HEARING on 63 MOTION to Dismiss First Amended Complaint MOTION to Dismiss, 49 MOTION to Dismiss . Motion Hearing RESET for 3/14/2019 02:30 PM before District Judge Paul D. Borman (DTof) (Entered: 02/27/2019)	RECAP
	Feb. 27, 2019	Set Motion and R&R Deadlines/Hearings
	Feb. 27, 2019	RESET TIME as to 63 MOTION to Dismiss First Amended Complaint MOTION to Dismiss, 49 MOTION to Dismiss . Motion Hearing RESET (TIME ONLY) for 3/14/2019 03:30 PM before District Judge Paul D. Borman (DTof)
81	March 1, 2019	ATTORNEY APPEARANCE: James M. Gallagher appearing on behalf of All Plaintiffs (Gallagher, James) [Darryl Pelichet, Bonn Washington, Joshua Raglan and Darius Bickerstaff] (Entered: 03/01/2019)	RECAP
	March 1, 2019	Set Motion and R&R Deadlines/Hearings
	March 1, 2019	Set/Reset Deadlines as to 63 MOTION to Dismiss First Amended Complaint MOTION to Dismiss, 49 MOTION to Dismiss . Motion Hearing RESET for 3/20/2019 03:00 PM before District Judge Paul D. Borman (DTof)
	March 1, 2019	Motion Hearing
	March 1, 2019	Minute Entry for proceedings before District Judge Paul D. Borman: Motion Hearing held on 3/1/2019 re 56 MOTION to Dismiss First Amended Complaint filed by Sharon Dodd-Kimmey, Michigan Department of Health and Human Services, Dave Barry, Lisa Marquis, Laurie Albert, Mary Claire Solky, Aruna Bavineni, Craig Lemmen, Kelli Schaefer, Nick Lyon, Kimberly Kulp-Osterland, Martha Smith, Diane Heisel, Joe Corso, Hanumaiah Bandla Disposition: Motion taken under advisement (Court Reporter: Leann Lizza) (DTof)
82	March 18, 2019	TRANSCRIPT of Defendants' Motion To Dismiss held on 03/01/2019. (Court Reporter: Leann S. Lizza) (Number of Pages: 63) The parties have 21 days to file with the court and Court Reporter a Redaction Request of this transcript. If no request is filed, the transcript may be made remotely electronically available to the public without redaction after 90 days. Redaction Request due 4/8/2019. Redacted Transcript Deadline set for 4/18/2019. Release of Transcript Restriction set for 6/17/2019. Transcript may be viewed at the court public terminal or purchased through the Court Reporter (WWW.TRANSCRIPTORDERS.COM) before the deadline for Release of Transcript Restriction. After that date, the transcript is publicly available. (Lizza, L.) (Entered: 03/18/2019)	RECAP
	March 20, 2019	Minute Entry for proceedings before District Judge Paul D. Borman: Motion Hearing held on 3/20/2019 re 63 MOTION to Dismiss First Amended Complaint MOTION to Dismiss filed by Lisa Medoff, 49 MOTION to Dismiss filed by Charles Stern Disposition: Motions taken under advisement (Court Reporter: Leann Lizza) (DTof)