FORTIER v. NEW MEXICO HUMAN SERVICES DEPARTMENT

Civ. No. 16-482 SCY/WPL.

SANDRA FORTIER and PAUL OLSON, on behalf of O.O., a minor child, Plaintiffs, v. NEW MEXICO HUMAN SERVICES DEPARTMENT; NEW MEXICO DEPARTMENT OF HEALTH; BRENT EARNEST, Secretary, New Mexico Human Services Department, in his official capacity; LYNN GALLAGHER, Acting Cabinet Secretary, New Mexico Department of Health, in her official capacity; CATHY STEVENSON, Director, Developmental Disabilities Supports Division of the New Mexico Department of Health, in her official capacity; NANCY SMITH-LESLIE, Director, Medical Assistance Division of the New Mexico Human Services Department, in her official capacity, Defendants.

United States District Court, D. New Mexico.

July 13, 2017.

Editors Note
Applicable Law: 28 U.S.C. § 1441
Cause: 28 U.S.C. § 1441 Petition for Removal - Civil Rights Act
Nature of Suit: 446 Civil Rights: Americans with Disabilities - Other
Source: PACER


Attorney(s) appearing for the Case

Sandra Fortier, Plaintiff, represented by Jane Katherine Girard , Wray & Girard PC.

Sandra Fortier, Plaintiff, represented by Katherine A. Wray , Wray & Girard PC, Matthew Bernstein , Pegasus Legal Services for Children & Tara Ford , Pegasus Legal Services for Children.

Paul Olson, Plaintiff, represented by Jane Katherine Girard , Wray & Girard PC, Katherine A. Wray , Wray & Girard PC, Matthew Bernstein , Pegasus Legal Services for Children & Tara Ford , Pegasus Legal Services for Children.

New Mexico Human Services Department, Defendant, represented by Holly Agajanian , Miller Stratvert PA & Jennifer Davis Hall , Miller Stratvert PA.

New Mexico Department of Health, Defendant, represented by Jennifer Davis Hall , Miller Stratvert PA & Holly Agajanian , Miller Stratvert PA.

Brent Earnest, Defendant, represented by Jennifer Davis Hall , Miller Stratvert PA & Holly Agajanian , Miller Stratvert PA.

Lynn Gallagher, Defendant, represented by Jennifer Davis Hall , Miller Stratvert PA & Holly Agajanian , Miller Stratvert PA.

Cathy Stevenson, Defendant, represented by Jennifer Davis Hall , Miller Stratvert PA & Holly Agajanian , Miller Stratvert PA.

Nancy Smith-Leslie, Defendant, represented by Jennifer Davis Hall , Miller Stratvert PA & Holly Agajanian , Miller Stratvert PA.


MEMORANDUM OPINION AND ORDER

In their motion for partial reconsideration (Doc. 26), Plaintiffs Sandra Fortier and Paul Olson ask the Court to reconsider the portion of its ruling in which the Court dismissed Plaintiffs' claims predicated on 42 U.S.C. § 1396n(c)(2)(C), one...

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