Case Document 56 Filed 12/17/07 Page 1 of 4 PagelD 13

SCANNEE

UNITED STATES DISTRICT COURT . . I L-

DISTRICT OF MAINE 

MICHAEL AND SUSAN RISINGER,
ON BEHALF OF THEIR MINOR
DAUGHTER, JILL 
ANNMARIE FITZPATRICK,

ON BEHALF OF HER MINOR SON,
ERIC FITZPATRICK,

all on behalf of themselves and all others
Similarly Situated, and THE DISABILITY
RIGHTS CENTER OF MAINE, INC., as
Maine?s Protection and Advocacy System,

Plaintiffs
v.

BRENDA M. HARVEY,
COMMISSIONER,

MAINE DEPARTMENT OF HEALTH
AND HUMAN er al.,

Defendants





Civil Action No. 

JOINT MOTION FOR ENTRY OF ORDER RECOGNIZING
FULL COMPLIANCE WITH
SETTLEMENT AGREEMENT

WHEREAS, the parties entered into a Settlement Agreement on or about May 7,

2002 (Docket Item No. 34), following which the Court on July 22, 2002, entered an

Order of Dismissal, (Docket Item No. 39), pursuant to which the Court retained

jurisdiction for the limited purpose of entertaining claims that the Settlement Agreement

has been violated, ?but only if the claim is brought by a party no later than two years after

the date of the Order of Dismissal;?

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Case 1:00-cv-00116-GC Document 56 Filed 12/17/07 Page 2 of 4 PagelD 14

WHEREAS the Court thereafter entered an Agreed Upon Order to Enforce Court-
Approved Settlement Agreement on or about February 12, 2003 (Docket Item No. 43),
pursuant to which the Court amended the Order of Dismissal to state that the Court ?will
retain jurisdiction to enforce the Settlement Agreement for a period of two years after the
date on which the Defendants [sic] are satis?ed, or the Court rules, that full compliance
with the Settlement Agreement has occurred for three consecutive months;?

WHEREAS the parties subsequently entered into a Revised Settlement Agreement
and the Court subsequently entered an Agreed Upon Order Amending The Order On
Motion To Enforce Court-Approved Settlement Agreement on April 1 l, 2007 (Docket
Item No. 54), which approved the Revised Settlement Agreement and provided, inter
alia, that ?the Court will retain jurisdiction to enforce the revised Settlement Agreement
for two years after the Court rules, or the parties agree, that full compliance with the
Revised Settlement Agreement has occurred for three consecutive months;?

WHEREAS, the parties now agree that full compliance with the Revised
Settlement Agreement has occurred for three months, both as of September 1, 2007, and
since then; and

WHEREAS, a ?nding of full compliance with the Revised Settlement Agreement
does not adversely affect class members in any material way;

WHEREF ORE, the parties hereby jointly move that the Court enter an Order, as

follows:
In recognition of the parties? agreement that full compliance with the Revised
Settlement Agreement has occurred for three consecutive months, and in accordance with

the Agreed Upon Order Amending The Order On Motion To Enforce Court-Approved

2

Case 1:00-cv-00116-GC Document 56 Filed 12/17/07 Page 3 of 4 PagelD 15

Settlement Agreement, the Court ORDERS: Jurisdiction over this action will terminate

on September 1, 2009.

Dated: December 13, 2007

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On Behalf of Plaintiffs

lit 5li

Williaig Kayatta, Em, Bar No.2203

Pierce Atwood LLP
One Monument Square
Portland, ME 04101
(207) 791-1100

Jack Comart, Esq.

Maine Equal Justice Partners
126 Sewall Street

Augusta, ME 04330?6822

Peter M. Rice, Esq.
Disability Rights Center
24 Stone Street

PO. Box 2007

Augusta, ME 04338-2007

On Behalf of Defendants
(/57 




Nancy-Macirowski, Bar No./8987
Assistant Attorney General
Of?ce of the Attorney General
6 State House Station
Augusta, ME 04333-0006

 

Case 1:00-cv-00116-GC Document 56 Filed 12/17/07 Page 4 of 4 PagelD 16

CERTIFICATE OF SERVICE 

1, Nancy Macirowski, Assistant Attorney General, hereby certify that today I caused the

Joint Motion for Entry of Order Recognizing Full Compliance with Court?Approved Settlement

Agreement to be serviced via ?rst class United States mail to the following:

Date: December 14, 2007

William J. Kayatta, Jr., Esq.
Pierce Atwood LLP

One Monument Square
Portland ME 04101

Jack Com-art, Esq.

Maine Equal Justice Partners
126 Sewall Street

Augusta ME 04330?6822

Peter M. Rice, Esq.
Disability Rights Center
24 Stone Street

Box 2007

Augusta ME 04338-2007

 

NANCYMACIROWSKI
Assistant Attorney General
Bar No. 8987