MICHELLE P., by her next friend, Jim DEISENROTH, et al., Plaintiffs,
v.
James W. HOLSINGER, Jr., M.D., Secretary Cabinet for Health and Family Services, in his official capacity, et al., Defendants.
United States District Court, E.D. Kentucky, Frankfort.https://leagle.com/images/logo.png
February 11, 2005.
February 11, 2005.
Attorney(s) appearing for the Case
Kenneth Zeller, Protection & Advocacy Division, William Stuart Dolan, Protection & Advocacy Division, Frankfort, KY, for Michelle P. by her next, Jim Deisenroth Next Friend Jim Deisenroth, Jonathon J. by his guardian, Barbara Renfro Guardiam ad litem Barbara Renfro, Beth W. by her next friend, Cheryl Dunn Next Friend Cheryl Dunn, Porshia F. by her guardian, Jaquelyn Wolber Guardiam ad litem Jaquelyn Wolber, Plaintiffs.
Ann Truitt Hunsaker, Cabinet for Health Service, Frankfort, KY, Douglas J. Hallock, Morgan & Pottinger, P.S.C., Lexington, KY, Hal D. Friedman, Cooper & Friedman, PLLC, John T. McGarvey, Morgan & Pottinger, M. Thurman Senn, Morgan & Pottinger, Louisville, KY, David Earl Fleenor, Cabinet for Health & Family Services, Frankfort, KY, Douglas Gene Sharp, Morgan & Pottinger, Louisville, KY, Johann Frederick Herklotz, Cabinet for Health & Family Services, Wesley R. Butler, Cabinet for Health & Family Services, Frankfort, KY, for Marcia Morgan Secretary, Kentucky Cabinet for Health Services, Margaret Pennington Commissioner, Kentucky Department for Mental Health and Mental Retardation, Mike Robinson Commissioner, Kentucky Department for Medicaid Services, M.D. James W. Holsinger In His Official Capacity, Russ Fendley In his Official Capacity, Pat Wear Official Capacity, Defendants.
United States District Court, E.D. Kentucky, Frankfort.
MEMORANDUM OPINION AND ORDER
HOOD, District Judge.
This matter is before the Court on Defendants' motion to dismiss [Record No. 41]. Plaintiffs have responded by filing a memorandum opposing Defendants' motion to dismiss [Record No. 44], and Defendants' filed a reply [Record No. 47]. The Court having reviewed all the filings, and being otherwise sufficiently advised, deems this matter ripe for review.
FACTUAL BACKGROUND
Individual Plaintiffs...
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