McCARTNEY EX REL. McCARTNEY v. CANSLER

No. 7:08-CV-57-H(3).

608 F.Supp.2d 694 (2009)

Devon Tyler McCARTNEY, a minor child, by his mother Penny McCARTNEY, Eric Cromartie, a minor child, by his mother Selena McMillan, and Katie Tipton, a minor child, by her father Greg Tipton, individually and on behalf of all others similarly situated, Plaintiffs, v. Lanier CANSLER, Secretary, North Carolina Department of Health and Human Services, in his official capacity, Defendant.

United States District Court, E.D. North Carolina, Southern Division.

March 16, 2009.


Attorney(s) appearing for the Case

Douglas Stuart Sea, Legal Services of Southern Piedmont, Charlotte, NC, Martha Jane Perkins, Sarah Jane Somers, National Health Law Program, Chapel Hill, NC, for Plaintiffs.

Belinda A. Smith, Ronald M. Marquette, Tracy J. Hayes, N.C. Dept. of Justice, Raleigh, NC, for Defendant.


ORDER

MALCOLM J. HOWARD, Senior District Judge.

This matter is before the court on the following motions:

1. Plaintiffs' motion for class certification [DE # 11]; 2. Defendant's motions to dismiss [DE # 17 & 26]; 3. Defendant's motion to strike [DE # 19]; and 4. Plaintiffs' motion for leave to file declarations nunc pro tunc [DE # 31].

Appropriate responses and replies have been filed, and...

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