VAN METER et al v. MAINE DEPARTMENT OF HEALTH AND HUMAN SERVICES COMMISSIONER

Filing 108

ORDER ON DISMISSAL By JUDGE NANCY TORRESEN. (cef)

UNITED STATES DISTRICT COURT
DISTRICT OF MAINE
JACOB VAN METER, ADAM
FLETCHER by and through his
guardian GAIL FLETCHER, and
ERIC REEVES, on behalf of
themselves and other similarly
situated indviduals
Plaintiffs,
v.
BRENDA HARVEY,
COMMISSIONER OF MAINE
DEPARTMENT OF HEALTH AND
HUMAN SERVICES,
Defendant.

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) Civil Docket no. 1:09-cv-00633-NT
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ORDER ON DISMISSAL
Pursuant to Rule 41(a)(2) of the Federal Rules of Civil Procedure, the parties,
by and through their respective counsel, have jointly moved this Court for an Order
of Dismissal, without prejudice, of this action.
The Court determines that pursuant to Fed. R. Civ. P. 23(e), reasonable
notice, with an opportunity to object, has been provided to members of the Plaintiff
class. A fairness hearing having been held, with no objections having been filed or
made, this Court, being otherwise sufficiently advised, finds that the Settlement
Agreement entered into between the parties on August 25, 2011 is fair, reasonable
and adequate.

Accordingly, this Court hereby GRANTS the Motion and ORDERS as
follows:
1. The terms and conditions of the Settlement Agreement entered into between
the parties on the 25th day of August, 2011 are incorporated herein by
reference;
2. The Court shall retain jurisdiction as follows:
a. If the Defendant is able to implement the HCBW without establishing
any ICFs-ORC, the Court shall retain jurisdiction solely for the
purposes of mediation and enforcement of the terms of the settlement
agreement for a term of three years from the date of this Order.
b. If the Defendant is unable to implement the HCBW without
establishing any ICFs-ORC, the parties will mediate in an attempt to
reach an agreement upon a reasonable extension of the retention of the
Court’s jurisdiction solely for purposes of mediation and enforcement of
the terms of the Settlement Agreement.
i. If the parties reach agreement, the parties shall file a joint
motion with the Court seeking the agreed-to extension of the
retention of the Court’s jurisdiction.
ii. If the parties cannot reach agreement after mediation, either
party may seek an extension of time of this Court’s jurisdiction

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solely for the purposes of mediation and enforcement of the
terms of the settlement agreement.

SO ORDERED.
/s/ Nancy Torresen
United States District Judge
Dated this 2nd day of May, 2012.

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