ROSIE D. BY JOHN D. v. BAKER

Nos. 19-1262, 19-1767.

958 F.3d 51 (2020)

ROSIE D., BY her parents JOHN and Debra D.; Tyriek H., by his mother Christine H.; Joshua D., by his mother Emelie D.; Sheena M., by her mother Deborah D.; Devin E., by his grandmother Barbara E.; Anton B., by his mother Lisa A.; Shaun E., by his grandmother Jacquelyn E.; Jerry N., by his mother Susan P. on behalf of themselves and all others similarly situated, Plaintiffs, Appellees, Nathan F., by his mother Tracey F.; Samuel L.; Jose M.; Terrence M.; Marc St. L.; Natisha M.; Sarah B.; Forrest W.; Jason S.; Shentelle G.; Christine Q.; Kristin P.; Chris T.; Chelsea T.; Ralph B.; Tevin W.; Danielle H.; Janice B.; Kristin H., Plaintiffs, v. Charles D. BAKER, Governor of Massachusetts; Marylou Sudders, Secretary of the Executive Office of Health and Human Services; Michael Heffernan, Secretary of the Executive Office of Administration and Finance; Daniel Tsai, Assistant Secretary for MassHealth, Defendants, Appellants.

United States Court of Appeals, First Circuit.

May 4, 2020.


Attorney(s) appearing for the Case

Daniel J. Hammond , Assistant Attorney General, with whom Maura Healey , Attorney General of Massachusetts, and Douglas S. Martland , Assistant Attorney General, were on brief, for appellants.

Steven J. Schwartz , Washington, DC, with whom Cathy E. Costanzo , Kathryn Rucker , Center for Public Representation, Daniel W. Halston , Wilmer Hale, LLP, Boston, MA, and Frank Laski were on brief, for appellees.

Martha Jane Perkins and National Health Law Program, Washington, DC, on brief for National Health Law Program, American Academy of Pediatrics, Massachusetts Chapter of the American Academy of Pediatrics, Judge David L. Bazelon Center, and National Center for Youth Law, amici curiae.

Before Howard, Chief Judge, Lynch and Lipez, Circuit Judges.


We issue this narrow opinion in response to an appeal from the denial of the "Motion Regarding Substantial Compliance and To Terminate Monitoring and Court Supervision" filed by the Commonwealth Defendants in long-running class-action litigation. The underlying suit concerns the Commonwealth's compliance with federal statutory...

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