Hawkins et al v. Cohen

Filing 119

MEMORANDUM OPINION AND ORDER - This matter came before the court today for hearing on the parties' joint motion for extension of time to complete discovery DE 115 . The court granted in part the motion, allowing an exten sion of time in the nature of a stay of case activities until October 17, 2022. The court noted at hearing that, assuming any such motion and accompanying filings ultimately find favor with the court, the court anticipates a fairness hearing on Janua ry 13, 2023 would, as the parties confirmed, provide sufficient time for necessary notice to class members under the terms of the anticipated settlement agreement. Signed by District Judge Louise Wood Flanagan on 8/29/2022. (Collins, S.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
NO. 5:17-CV-581-FL
ALICIA FRANKLIN and VANESSA
LACHOWSKI,1
Plaintiffs,
v.
KODY H. KINSLEY, in his official
capacity of Secretary of the NC Department
of Health and Human Services,
Defendant.

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MEMORANDUM OPINION
AND ORDER

This matter came before the court today for hearing on the parties’ joint motion for
extension of time to complete discovery (DE 115). The court memorializes herein the terms and
reasons of the court’s oral order granting in part the motion at hearing, and the court provides
additional direction to the clerk and the parties in furtherance of the same.
At hearing, the parties outlined their efforts to work collaboratively, over the course of
more than three years of negotiations, to reach a comprehensive settlement to resolve all issues
outstanding. Upon the court’s inquiry into the status of those negotiations, the parties confirmed
that an extension of time to October 17, 2022, operating in the manner of a stay of all case
activities, would be sufficient time to execute a settlement agreement and prepare all necessary

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On the basis of the suggestion of death of plaintiff Vanessa Lachowski (“Lachowski”) on March 24, 2022
(DE 114), where no motion for substitution has been filed, the action by Lachowski is DISMISSED, and the clerk is
DIRECTED to update the docket reflect this dismissal pursuant to Federal Rule of Civil Procedure 25(a). In addition,
the clerk is DIRECTED to update the docket to reflect addition of plaintiff Reina Guzman, on behalf of herself, minor
child E.L., and all others similarly situated.

Case 5:17-cv-00581-FL Document 119 Filed 08/29/22 Page 1 of 2

supporting documentation to effectuate court approval of the same. Accordingly, the court granted
in part the motion, allowing an extension of time in the nature of a stay of case activities until
October 17, 2022. Filings anticipated to be made by this deadline include the following:
1. A joint motion for preliminary approval of class action settlement agreement and
proposed notice to class members;
2. Settlement agreement;
3. Proposed notice to class members;
4. Proposed order preliminarily approving settlement agreement, requiring notice to
class members, and scheduling a fairness hearing;
5. Proposed order of final approval of settlement agreement and proposed order of
dismissal with prejudice; and/or
6. Such other proposed orders and documents as necessary to effectuate resolution of
the instant matter.
Further, the court noted at hearing that, assuming any such motion and accompanying
filings ultimately find favor with the court, the court anticipates a fairness hearing on January 13,
2023 would, as the parties confirmed, provide sufficient time for necessary notice to class members
under the terms of the anticipated settlement agreement.
SO ORDERED, this the 29th day of August, 2022.

_____________________________
LOUISE W. FLANAGAN
United States District Judge

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