Whispering Oaks vs. Department of Health & Senior Services

Case Details
Case Number 09-0757 DH
Case Type DH DOH/Child and Family Health
Case Name Whispering Oaks vs. Department of Health & Senior Services
Commissioner Nimrod T. Chapel, Jr.
Case Status Archived
Date Created 2009-05-29 15:34:01
Date Closed 2015-06-11 08:42:54
Case Appointments
Type Location Attendees Subject Status Begin End
Hearing for Stay Request JCMO by phone rod.chapel@oa.mo.gov C: #09-0757 DH Whispering Oaks vs. Department of Health & Senior Services[Naren Chaganti, Mr. James M. McCoy] Cancelled 2009-06-18 11:00:00 2009-06-18 12:00:00
Hearing Set for JCMO rod.chapel@oa.mo.gov C: #09-0757 DH Whispering Oaks vs. Department of Health & Senior Services[Naren Chaganti, Mr. James M. McCoy, Jane C. Drummond, Jane C. Drummond] Continued 2009-09-28 13:00:00 2009-09-28 17:00:00
Pre Hearing Conference Set for JCMO by phone rod.chapel@oa.mo.gov C: #09-0757 DH Whispering Oaks vs. Department of Health & Senior Services[Naren Chaganti, Mr. James M. McCoy, Jane C. Drummond, Jane C. Drummond] Held 2009-07-06 14:00:00 2009-07-06 15:00:00
Hearing Set for JCMO rod.chapel@oa.mo.gov C: #09-0757 DH Whispering Oaks vs. Department of Health & Senior Services[Naren Chaganti, Mr. James M. McCoy, Jane C. Drummond] Continued 2009-07-27 09:00:00 2009-07-27 17:00:00
Hearing Set for JCMO rod.chapel@oa.mo.gov C: #09-0757 DH Whispering Oaks vs. Department of Health & Senior Services[Naren Chaganti, Mr. James M. McCoy, Jane C. Drummond] Cancelled 2009-08-12 09:00:00 2009-08-13 17:00:00
Pre Hearing Conference Set for JCMO by phone rod.chapel@oa.mo.gov C: #09-0757 DH Whispering Oaks vs. Department of Health & Senior Services[Naren Chaganti, Mr. James M. McCoy, Jane C. Drummond] Held 2009-08-10 14:00:00 2009-08-10 15:00:00
Hearing Set for JCMO rod.chapel@oa.mo.gov C: #09-0757 DH Whispering Oaks vs. Department of Health & Senior Services[Naren Chaganti, Mr. James M. McCoy] Cancelled 2010-05-11 09:00:00 2010-05-11 17:00:00
Pre Hearing Conference Set for JCMO by phone rod.chapel@oa.mo.gov C: #09-0757 DH Whispering Oaks vs. Department of Health & Senior Services[Naren Chaganti, Mr. James M. McCoy] Held 2010-03-29 15:30:00 2010-03-29 16:00:00
Hearing for Oral Argument JCMO by phone rod.chapel@oa.mo.gov C: #09-0757 DH Whispering Oaks vs. Department of Health & Senior Services[Naren Chaganti, Mr. James M. McCoy] Held 2010-07-02 13:00:00 2010-07-02 14:00:00
Hearing Set for JCMO rod.chapel@oa.mo.gov C: #09-0757 DH Whispering Oaks vs. Department of Health & Senior Services[Naren Chaganti, Mr. James M. McCoy] Held 2010-08-17 09:00:00 2010-08-18 17:00:00
Pre Hearing Conference Set for JCMO by phone rod.chapel@oa.mo.gov C: #09-0757 DH Whispering Oaks vs. Department of Health & Senior Services[Naren Chaganti, Mr. James M. McCoy] Held 2010-07-26 10:00:00 2010-07-26 11:00:00
Hearing Set for JCMO rod.chapel@oa.mo.gov C: #09-0757 DH Whispering Oaks vs. Department of Health & Senior Services[Naren Chaganti, Mr. James M. McCoy] Held 2010-08-25 13:00:00 2010-08-25 17:00:00
Hearing Set for JCMO rod.chapel@oa.mo.gov C: #09-0757 DH Whispering Oaks vs. Department of Health & Senior Services[Naren Chaganti, Mr. James M. McCoy] Held 2010-10-29 09:00:00 2010-10-29 17:00:00
Correspondence
Reason Comments Date Sent Documents
Hearing Notice sent-nc/nh/ns Stay hearing 11:00 AM, Thursday, June 18, 2009. Evidentiary hearing 1:00 PM, Monday, September 28, 2009 NTC 4 hrs. NOC, NOH mailed rb. 2009-06-04 11:44:00
Order Issued - Status Report Requested grant Pet's mtn to take stay off calendar. Status report due 7/1/09 rb. 2009-06-19 15:15:00
Order Issued grant expedited hearing and expedited discovery. Hearing 9:00 AM, Monday, July 27, 2009 NTC 1 day rb. 2009-07-06 14:19:00
Order Issued adopting jt proposed scheduling order. sh 2009-07-08 10:15:00
Hearing Notice sent-Ord Grant Contin-Reschedule JULY 27, 2009 HEARING CONTINUED. Reschedule 9:00 AM, Wednesday, August 12, 2009 thru Thursday, August 13, 2009 NTC 2 days rb. 2009-07-23 10:53:00
Order Granting Mt-File Answer Out of Time Answer is filed 8/5/09. sh 2009-08-10 08:01:00
Order Issued AUGUST 12 & 13, 2009 HEARING CANCELLED. Motions for summary determination due 8/21/09 with replies due 9/11/09 rb. 2009-08-10 14:41:00
Order Granting Extension of Time parties have until 8/28/09 to file mtns for summary decision and until 9/18/09 to file responses. sh 2009-08-21 07:45:00
Order Issued Pet's response to MSD is filed 9/28/09; deny Pet's mtn for oral argument. sh 2009-09-30 08:39:00
Order Issued denying Pet's and Resp's mtn for summary decision. sh 2010-01-22 09:57:00
Hearing Notice sent-Rescheduled Ltr 9:00 AM, Tuesday, May 11, 2010 NTC 1 day rb. 2010-02-03 14:10:00
Order Issued denying Resp's mtn to disqualify Pet's counsel. sh 2010-03-31 08:14:00
Order Issued granting Resp's mtn to quash; overruling obj to production. sh 2010-04-16 11:04:00
Hearing Contin Granted Ord mailed-reschedule later MAY 11, 2010 HEARING CANCELLED rb. 2010-05-05 11:23:00
Objection Letter to Resp sent - ROBDU Obj due 5/20/10 to mtn to compel. sh 2010-05-13 08:48:00
Prehearing Conference Notice Sent oral argument on motion to compel by telephone at 1:00 PM, Friday, July 2, 2010 NTC rb. 2010-06-10 10:18:00
Hearing Notice sent-Rescheduled Ltr 9:00 AM, Tuesday, August 17, 2010 as convenient through August 18, 2010 NTC rb. 2010-07-19 12:22:00
Objection Letter to Resp sent - ROBDU Obj due 7/27/10 to mtn for protective order and 2nd mtn to compel. sh 2010-07-20 07:43:00
Order Denying Pets Mtn for Protective Order rb 2010-07-26 07:44:00
Objection Letter to Pet sent Obj due 8/3/10 to mtn to compel. sh 2010-07-27 07:35:00
Order Issued granting Pet's mtn to compel; denying Resp's mtn to quash. sh 2010-07-09 07:45:00
Order Issued denying Pet's "second mtn to compel." sh 2010-08-04 10:05:00
Objection Letter to Pet sent Obj due 8/13/10 to mtn to quash subpoena. sh 2010-08-12 10:42:00
Order Issued denying Michael Roth's motion to quash subpoena. sh 2010-08-16 08:43:00
Order Issued parties to file exclusionary dates, witness lists, exhibit lists, stipulations by 9/7/10 rb. 2010-08-26 07:52:00
Order Issued granting Pet's mtn for official notice no. 2. sh 2010-08-31 08:09:00
Order Issued will take official notice of complete rule as cited in Resp's response filed 9/3/10. sh 2010-09-08 08:44:00
Hearing Notice sent-Rescheduled Ltr 9:00 AM, Friday, October 29, 2010 NTC 1 day rb. 2010-09-27 08:32:00
Transcript Letter to Pet Non-State Party 2010-11-18 09:59:00
Transcript Letter to Pet Non-State Party 2010-12-01 09:03:00
Transcript Letter to Pet Non-State Party 2010-12-09 09:19:00
Transcript Letter to Pet Non-State Party 2010-12-22 09:19:00
Briefing Schedule mailed Resp 1/7/11; Pet 1/24/11; reply 1/31/11. sh 2010-12-23 07:49:00
Certified to Cole County Circuit Court sh 2013-01-17 12:09:00
Certified to Cole County Circuit Court (supplemental). sh 2013-02-13 12:49:00
Case Documents
ID Type Comments Date Received
16955160 Complaint Filed - Fax rb 2009-05-29 15:36:00
16955167 Motion for Stay filed by fax rb 2009-05-29 15:42:00
16956025 Motion filed by Respondent to Deny Petitioners request for stay with incorporated suggestion in opposition. (by Fax) nb 2009-06-03 14:33:00
16956139 Correspondence
16956598 Hard Copy filed of Respondents Motion to Deny Petitioners request for stay with incorporated suggestion in opposition. nb 2009-06-08 10:12:00
16958459 Request filed by Petitioner to take Motion for Stay off calendar. (by Fax) nb 2009-06-18 09:43:00
16958680 Correspondence
16961796 Entry of Appearance-Petitioner filed Jane Drummond and Michael Schmid. sh 2009-07-01 12:52:00
16961797 Motion for Expedited Hearing filed by Petitioner, and expedited discovery. sh 2009-07-01 12:52:00
16962447 Correspondence
16962777 Miscellaneous filed Joint Proposed Scheduling Order, by Fax. nb 2009-07-07 14:36:00
16962968 Correspondence
16963179 Certificate of Serv filed by Petitioner of First Interrogatories and First Request for Production of Documents sent 7/8/09. (by Fax) nb 2009-07-08 16:30:00
16963457 Certificate of Serv filed for Respondent's First Roggs to Petitioner and Respondent's First Request for POD. amw 2009-07-10 13:44:00
16963619 Hard Copy filed Certificate of Service for Respondent's First Roggs to Petitioner and Request for POD - amw 2009-07-13 10:48:00
16964924 Certificate of Serv filed by fax by Petitioner of Answers to first interrogatories and Responses to first request for production of documents delivered 7/17/09. nb 2009-07-17 16:45:00
16965230 Notice to Take Deposition filed by Petitioner of Diana Love 7/21/09 at 9:30 am. (by Fax) nb 2009-07-21 08:57:00
16965771 Notice to Take Deposition filed by Petitioner of William Kobel 8/3/09 at 9:00am. (by Fax) nb 2009-07-22 16:22:00
16965772 Notice to Take Deposition filed by Petitioner of Tracy Niekamp 8/3/09 at 9:00am. (by Fax) nb 2009-07-22 16:28:00
16965773 Notice to Take Deposition filed by Petitioner of Matt Younger 8/3/09 at 9:00am. (by Fax) nb 2009-07-22 16:28:00
16965774 Notice to Take Deposition filed by Petitioner of Cassie Blum 7/28/09 at 9:00am. (by Fax) nb 2009-07-22 16:29:00
16965775 Notice to Take Deposition filed by Petitioner of Shelly Williamson 8/3/09 at 9:00am. (by Fax) nb 2009-07-22 16:30:00
16965776 Motion for Continuance filed by Petitioner by Fax. nb 2009-07-22 16:45:00
16965779 Notice to Take Deposition filed by Petitioner of Kathy Sluyter 7/28/09 at 9:00am. (by Fax) nb 2009-07-22 16:30:00
16965977 Correspondence
16966546 Amended Notice filed by Petitioner of Deposition of Shelly Williamson 7/31/09 at 9:00am. (by Fax) nb 2009-07-24 14:11:00
16966547 Amended Notice filed by Petitioner of Kathy Sluyter 8/3/09 at 9:00am. (by Fax) nb 2009-07-24 14:12:00
16969384 Motion for Leave-file Ans Out of Time filed by Respondent, with Answer received. (by Fax) nb 2009-08-05 15:29:00
16969745 Hard Copy filed of Motion for Leave to file Answer out of time, with Answer received. nb 2009-08-07 10:31:00
16969852 Correspondence
16969983 Correspondence
16972077 Motion filed by Respondent to Extend filing deadline. (by Fax) nb 2009-08-20 14:47:00
16972218 Correspondence
16972672 Hard Copy filed of Respondents Motion to extend filing deadline. nb 2009-08-24 12:10:00
16974289 Motion for Summary Decision filed by Respondent and Suggestions in Support. (Exhibits in manilla envelope in brown folder) nb 2009-08-28 16:00:00
16974305 Motion for Summary Decision filed by Petitioner and Suggestions in Support. (Exhibits 11-38 in manilla envelope in brown folder) nb 2009-08-28 16:45:00
16978048 Response filed by Respondent to Petitioners motion for summary decision. (by Fax) nb 2009-09-18 09:17:00
16978432 Hard Copy filed of Respondents Response to motion for summary decision. nb 2009-09-21 10:23:00
16980129 Motion for Leave to file Petitioners Response to motion for summary decision out of time, with Response received. (by Fax) nb 2009-09-28 11:06:00
16980130 Request filed by Petitioner for Oral Argument on cross motions for summary decision. (by Fax) nb 2009-09-28 11:07:00
16980797 Correspondence
16998953 Motion to Withdraw as Attorney filed by Jane Drummond and Michael Schmid for Petitioner. (by Fax) nb 2009-12-22 14:15:00
17004320 Correspondence
17007317 Correspondence
17018658 Motion filed by Respondent to Disqualify Petitioners Legal Counsel. (by Fax) nb 2010-03-24 10:45:00
17019054 Hard Copy filed by Respondent of motion to disqualify Petitioners legal counsel. nb 2010-03-25 14:46:00
17019590 Certificate of Serv filed by Petitioner of Interrogatories and Request for Production of Documents and Tangible Things and Certificate of service sent 3/29/10. (by Fax) nb 2010-03-30 08:02:00
17019781 Exclusionary Dates for Hrg filed by Resp. by Fax. nb 2010-03-30 13:49:00
17019808 Exclusionary Dates for Hrg filed by Pet. by Fax. nb 2010-03-30 15:05:00
17019841 Notice to Take Deposition filed by Petitioner of Mary Collier 4/26/10 at 9:00am. (by Fax) nb 2010-03-30 16:44:00
17019842 Notice to Take Deposition filed by Petitioner of Matt Younger 4/28/10 at 9:00am. (by Fax) nb 2010-03-30 16:44:00
17019843 Notice to Take Deposition filed by Petitioner of Margaret Donnelly 4/21/10 at 9:00am. (by Fax) nb 2010-03-30 16:45:00
17019909 Correspondence
17020504 Exclusionary Dates for Hrg filed by Resp. Additional date for May 2010. (by Fax) nb 2010-04-01 16:15:00
17021829 Motion to Quash filed by Respondent, Deposition Notice for Dept Director Designee of Governmental Agency Deponent, and Objection to Production. (by Fax) nb 2010-04-09 09:26:00
17022457 Hard Copy filed of Respondents Motion to Quash Deposition Notice for Dept Director Designee of Governmental Agency Deponent, and Objection to Production. nb 2010-04-12 15:33:00
17022889 Response filed by Petitioner to in Opposition to motion to quash. (by Fax) nb 2010-04-14 14:55:00
17023200 Correspondence
17024768 Certificate of Serv filed by Respondent of Answers to first interrogatories and Responses to first request for production of documents sent 4/23/10. (by Fax) nb 2010-04-23 14:32:00
17025424 Hard Copy filed of Respondents Certificate of Service of Answers to first interrogatories and Responses to first request for production of documents sent 4/23/10. nb 2010-04-27 14:04:00
17027636 Correspondence
17029360 Motion to Compel filed by Petitioner AND to set hearing and discovery telephone conference. (by Fax) nb 2010-05-12 14:38:00
17029459 Correspondence
17032327 Objection filed by Respondent to motion to compel and Motion to Quash Discovery Request. (by Fax) nb 2010-05-20 15:22:00
17032441 Response filed by Petitioner to objection to motion to compel. (by Fax) nb 2010-05-21 13:11:00
17032667 Hard Copy filed of Respondents Objection to motion to compel and Motion to Quash Discovery Request. nb 2010-05-24 10:34:00
17036373 Transcript filed Whispering Oaks v. DHSS; grs. 2010-06-04 09:24:00
17038144 Correspondence
17045392 Transcript filed Whispering Oaks v. SS;bjb 2010-07-07 09:38:00
17046900 Exclusionary Dates for Hrg filed by Resp. and Discovery Schedule. (by Fax) nb 2010-07-12 16:45:00
17046989 Exclusionary Dates for Hrg filed by Pet. and Discovery Schedule. (by Fax) nb 2010-07-13 14:11:00
17047324 Hard Copy filed by Respondent of Discovery schedule and Exclusionary dates. nb 2010-07-14 09:55:00
17048234 Motion to Compel filed Second, by Petitioner. (by Fax) nb 2010-07-19 08:40:00
17048295 Motion for Protective Order filed by Petitioner. (by Fax) nb 2010-07-16 16:30:00
17048388 Correspondence
17048616 Correspondence
17049924 Response filed by Respondent to Petitioners second motion to compel. (by Fax) nb 2010-07-22 14:15:00
17049925 Response filed by Respondent to Petitioners motion for protective order. (by Fax) nb 2010-07-22 14:15:00
17050088 Correspondence
17050211 Hard Copy filed of Respondents response to motion for protective order. nb 2010-07-26 10:52:00
17050289 Motion to Compel Discovery filed by Resp by Fax. nb 2010-07-26 11:50:00
17050553 Correspondence
17050862 Transcript filed Phone call held on July 26, 2010 filed;bjb 2010-07-27 16:09:00
17051036 Hard Copy filed of Respondents Motion to compel. nb 2010-07-27 16:00:00
17052774 Objection filed by Petitioner to Respondents motion to compel, and Petitioners Motion to Terminate Deposition. (by Fax) nb 2010-08-03 15:23:00
17052842 Stipulation filed by Respondent, by Fax. nb 2010-08-03 16:24:00
17052864 Correspondence
17053030 Correspondence
17053373 Hard Copy filed of Respondents Stipulations. nb 2010-08-05 10:00:00
17054609 Brief filed by Petitioner PRE-HEARING. (by Fax) nb 2010-08-10 16:00:00
17054610 Motion in Limine filed by Petitioner, by Fax. nb 2010-08-10 16:00:00
17054633 Correspondence filed by Petitioner Demand to Produce Witnesses at hearing. (by Fax) nb 2010-08-10 16:00:00
17054922 Motion filed by Petitioner for Official Notice. (by Fax) nb 2010-08-11 13:03:00
17055147 Motion to Quash filed by Michael Roth - Subpoena. (by Fax) nb 2010-08-12 08:38:00
17055423 Correspondence
17055602 Motion in Limine filed by Petitioner, Number 4. (by Fax) nb 2010-08-12 14:34:00
17056065 Response filed by Petitioner to motion to quash. (by Fax) nb 2010-08-13 13:29:00
17056084 Notice filed of filing of Affidavits of Bob Elkow, RN, LNHA, Rajendra Gavini, MD, and Marion Drysdale, CPA. (by Fax) nb 2010-08-13 13:55:00
17056223 Objections filed by Respondent to Petitioners Affidavits. (by Fax) nb 2010-08-13 14:56:00
17056237 Objection filed by Respondent to Petitioners motion in limine no 4. (by Fax) nb 2010-08-13 15:14:00
17056264 Response filed by Respondent to Petitioners demand to produce witnesses at hearing. (by Fax) nb 2010-08-13 16:47:00
17056265 Objection filed by Respondent to Petitioners motions in limine. (by Fax) nb 2010-08-13 16:47:00
17056292 Response filed by Petitioner to Respondents objection to motion in limine number 4. (by Fax) nb 2010-08-13 16:56:00
17056302 Motion in Limine filed by Petitioner - Number 5. (by Fax) nb 2010-08-16 08:11:00
17056306 Response filed by Petitioner to Respondents objections to Affidavits. (by Fax) nb 2010-08-16 08:11:00
17056307 Motion in Limine filed by Petitioner - Numbers 6 and 7. (by Fax) nb 2010-08-16 08:12:00
17056355 Correspondence
17056683 Hard Copy filed of Respondents objection to petitioners motion in limine number 4. nb 2010-08-16 16:03:00
17056684 Hard Copy filed of Respondents Objection to petitioners affidavits. nb 2010-08-16 16:04:00
17056865 Hard Copy filed of Respondents response to Petitioners demand to produce witnesses at hearing. nb 2010-08-17 10:15:00
17056866 Hard Copy filed of Respondents objectsion to Petitioners motions in limine. nb 2010-08-17 10:15:00
17059142 Correspondence
17059771 Request filed by Petitioner for Official Notice number 2. (by Fax) nb 2010-08-30 08:26:00
17060120 Correspondence
17061648 Request filed by Petitioner for Official Notice No. 3. (by Fax) nb 2010-09-03 11:00:00
17061776 Response filed by Respondent to Petitioners Request for Official Notice No. 3. (by Fax) nb 2010-09-03 14:24:00
17062331 Correspondence
17062344 Exclusionary Dates for Hrg filed by Resp. Exhibit List and Witness List. (by Fax) nb 2010-09-07 16:00:00
17062346 Exclusionary Dates for Hrg filed by Pet. Exhibits and Witness lists. (by Fax) nb 2010-09-07 16:59:00
17067479 Correspondence
17080611 Transcript filed Whispering Oaks v. DHSS; grs. 2010-11-18 09:51:00
17080613 Correspondence
17080627 Correspondence
17083437 Transcript filed Whispering Oaks v. DHSS; grs. 2010-12-01 08:50:00
17083440 Correspondence
17083450 Correspondence
17085867 Transcript filed Whispering Oaks v. DHSS; grs. 2010-12-09 09:19:00
17085869 Correspondence
17085872 Correspondence
17089224 Transcript filed Whispering Oaks v. DHSS; grs. 2010-12-22 09:11:00
17089226 Correspondence
17089231 Correspondence
17089351 Correspondence
17093680 Proposed Find of Fact/Concl of Law filed by Respondent. nb 2011-01-07 14:35:00
17096810 Response filed by Petitioner to Resp's proposed findings of fact and conclusions of law (fax). sh 2011-01-20 12:16:00
17096811 Proposed Findings of Fact and Brief filed by Petitioner (fax). sh 2011-01-20 12:18:00
17099598 Reply Brief filed by Respondent Requesting Petitioner proposed findings of fact, conclusion of law be forfeit as it was improper argument. (by Fax) nb 2011-01-31 11:54:00
17100264 Hard Copy filed of Respondents Reply Brief requesting Petitioner proposed findings of fact, conclusion of law be forfeit as it was improper argument. nb 2011-02-03 11:18:00
17101547 Hard Copy filed of Petitioners suggestions in response to Respondents proposed findings of fact and conclusions of law. nb 2011-02-07 14:30:00
17101548 Hard Copy filed of Petitioners proposed findings of fact and conclusions of law. nb 2011-02-07 14:30:00
17181926 Request filed by Petitioner for a final decision. sh 2011-10-14 08:39:00
17291547 Correspondence
17293255 Appealed to Circuit Court filed sm 2012-12-13 14:27:00
17300954 Correspondence
17306013 Motion filed by Petitioner motion to supplement certified record filed w/the circuit court sm 2013-02-06 09:02:00
17307723 Correspondence
17554831 Decision 2012-12-07 00:00:00