Attorney Bob Farley filed the class action and Michelle Schneiderheinze is an associate
working with Bob on this case.

Tony

N.B. et al v. Norwood
Northern District of Illinois, Case No. 11-6866

“The denial of EPSDT [Early and Periodic Screening, Diagnostic, and Treatment] services
results in significant harm to children with behavioral or emotional disorders, including
exacerbation of their conditions, deterioration to the point of crisis, and unnecessary
institutionalization in violation of the ADA.”(Statement of Interest of the United States of
America in Troupe v. Barbour, No. 3:10cv153 at 2, (S.D. Miss) (Doc. 41).)

Settlement negotiations for the N.B. v. Norwood Consent Decree were abruptly
terminated today. As stated by United States District Magistrate Judge Cole:

The parties are unable to reach settlement. The plaintiffs insist that there is a pre−existing
binding settlement agreement, which the defendant denies. The alternative proposed by
the defendant to the execution of a consent decree involves a State−wide plan that has yet
to be finalized, implemented, or funded and which would require, in addition to future
legislative implementation −− whose contours are imprecise at best −− funding of unknown
amounts. Precisely how this would resolve the present litigation was not explained. It is
apparent that the alternative proposed by the defendant is unacceptable to the plaintiff.

See full docket entry.

This comes after months of negotiations which began after the class was certified by
United States District Court Judge Tharp on February 13, 2014 (to see Class Certification
Order click here).

On March 25. 2015, HFS’s attorney acknowledged approval from the Rauner
administration to move forward with negotiations on the consent decree. (To see transcript
of March 25, 2015 hearing click here).

On June 11, 2015, HFS’s attorney acknowledged that a settlement had been reached.
(To see transcript of June 11, 2015 hearing click here).

On July 16, 2015, HFS reported that they would not sign the agreed-to consent decree
and the case was referred to Magistrate Judge Cole for settlement negotiations.

Michelle N. Schneiderheinze
Attorney at Law


Tony Paulauski
Executive Director
The Arc of Illinois
20901 S. LaGrange Rd. Suite 209
Frankfort, IL 60423
815-464-1832 (OFFICE)
815-464-1832 (CELL)
Tony@thearcofil.org