U.S. EX REL LINDSEY v. TREND COMMUNITY HEALTH

Nos. Civ.1:97CV311, Civ.1:98CV154.

88 F.Supp.2d 475 (1999)

UNITED STATES of America, ex rel. James and Jane LINDSEY, Plaintiff, v. TREND COMMUNITY MENTAL HEALTH SERVICES; and State of North Carolina, Department of Human Resources, Defendants. James Lindsey and wife, Jane Lindsey; and Jasmine M., by and through her guardian ad litem, Douglas A. Claxton, Plaintiffs, v. H. David Bruton, Secretary, North Carolina Department of Health and Human Services; and Trend Community Mental Health Services, Defendants.

United States District Court, W.D. North Carolina, Asheville Division.

August 12, 1999.


Attorney(s) appearing for the Case

Clifford C. Marshall, Assistant U.S. Attorney, Asheville, NC, Michael F. Hertz, Judith Rabinowitz, Rina C. Tucker, U.S. Dept. of Justice — Civil Division, Washington, DC, for United States, plaintiff.

Larry McDevitt, Michelle Rippon, W. Carleton Metcalf, Asheville, NC, for James & Jane Lindsey.

Douglas A. Claxton, Asheville, NC, for Jasmine M.

Thomas W. Murrell, III, Jill Crawley Griset, Charlotte, NC, Frank P. Graham, Asheville, NC, for defendants Trend Community Mental Health Servs.

Gayl M. Manthei, Belinda Smith, N.C. Department of Justice, Raleigh, NC, for defendants Bruton and State of North Carolina.


MEMORANDUM AND ORDER

THORNBURG, District Judge.

THESE MATTERS are before the Court on the following motions: the motion to dismiss of Trend Community Mental Health Services (Trend), filed March 15, 1999; the motion for judgment on the pleadings of the North Carolina Department of Human Resources (State), filed May 17, 1999; Trend's motion to dismiss the cross-claims of the State, filed May 20, 1999; Trend's motion to stay, filed July...

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