GOODNIGHT v. SHALALA

No. 92-C-279W.

837 F.Supp. 1564 (1993)

David L. GOODNIGHT, Dorothy Dominguez, Brent Richardson, Eugene J. Banks, Everett S. Rossborough, Sr., John H. Harvey, and Alyce M. Goodliffe, on behalf of themselves and all others similarly situated, Plaintiffs, v. Donna SHALALA, M.D., in her official capacity as Secretary of Health and Human Services; Scott Bean, in his official capacity as State Superintendent of the Office of Education; Blaine Peterson, in his official capacity as Executive Director of the Utah Office of Rehabilitation; and Charles Schmitt, in his official capacity as Administrator of the Division of Disability Determination Services, Defendants.

United States District Court, D. Utah, C.D.

October 27, 1993.


Attorney(s) appearing for the Case

Michael E. Bulson, Utah Legal Services, Inc., Ogden, UT, Kay Kosow Fox, Utah Legal Services, Inc., Salt Lake City, UT, Maureen Cleary, Salt Lake City, UT, for plaintiffs.

Jan Graham, Atty. Gen., John S. McAllister, Asst. Atty. Gen., Salt Lake City, UT, for State defendants.

John R. Niemeyer, Brian G. Kennedy, Trial Attys., U.S. Dept. of Justice, Civil Div., Washington, DC, for Secretary defendant.


WINDER, Chief Judge.

This matter is before the court on the Motion to Dismiss for lack of subject matter jurisdiction brought by Defendant Donna Shalala, M.D. (the "Secretary"); the Motion to Dismiss for lack of subject matter jurisdiction and failure to state a claim upon which relief may be granted brought by Defendants Scott Bean, Blaine Peterson, and Charles Schmitt (the "State Defendants"); and on the Motion for Class Certification brought by Plaintiff David...

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