M.A.C. v. BETIT

No. 2:02CV1395.

284 F.Supp.2d 1298 (2003)

M.A.C. and D.C.C. by D.C. and A.C.; K.A.S. by K.S. and S.K.S.; M.C. by J.C. and R.C.; D.N. by M.A.N.; B.G. by C.G.; C.M.E. by C.E. and B.E.; D.P by B.P. and J.P.; C.C. by T.C. and K.C.; and the Arc of Utah, on behalf of themselves and all other similarly situated individuals, Plaintiffs, v. Rod L. BETIT, Executive Director of the Utah State Department of Health; Utah State Department of Health; Michael Deily, Director, Division of Heath Care Financing, Utah State Department of Heath; Utah Division of Health Care Financing; Fran Morse, Director, Division of Services for People with Disabilities, Utah State Department of Human Services; Utah Division of Services for People with Disabilities, Defendants.

United States District Court, D. Utah, Central Division.

August 26, 2003.


Attorney(s) appearing for the Case

Robert B. Denton, Disability Law Center, John Pace, Salt Lake City, UT, for Plaintiffs.

Craig L. Barlow, Joel Ferre, Douglas W Springmeyer, Utah Attorney General's Office, Salt Lake City, UT, for Defendants.


MEMORANDUM DECISION AND ORDER

KIMBALL, District Judge.

This matter is before the court on Defendants' Motion to Dismiss, Plaintiffs' Motion for Class Certification, and Plaintiffs' Cross Motion for Partial Summary Judgment. A hearing on these motions was held June 19, 2003. Defendants Rod Betit et al. ("Defendants") were represented by Joel A. Ferre, and Plaintiffs M.A.C. et al. ("Plaintiffs" or "proposed plaintiff class") were represented by Robert B. Denton...

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