Agreed Order

    = A on Bide |S DISTRICT COURT 
U.S STRICT OF TEXAS 

IN THE UNITED STATES DISTRICT our HOT? Di 
FOR THE NORTHERN DISTRICT OF TEXAS |LE 

  

i ———— 
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DALLAS DIVISION 

LOIS THOMPSON on behalf of * AUG | 3 1983 

and as next friend to TAYLOR * 

KEONDRA DIXON, ZACHERY X. * NANCY DOHERTY, CLERK 
WILLIAMS, CALVIN A. THOMPSON, * 

and PRENTISS LAVELL MULLINS * BY wee Deputy hid 
Plaintiffs, * 

and * 
* 

PEOPLE UNITED FOR A BETTER * CIVIL ACTION NO. 
OAKLAND, et al., * 3:92-CY-1539~R 

Plaintiff-intervenors, * 
Ve * * 

BURTON RAIFORD * 
* 

and * ENTERED ON DOCKET 

THE UNITED STATES OF AMERICA * —— PURSUANT 
Defendants. * TOF R.C. P: RULES 

98 AND 79a 
AGREED ORDER 
  

The Court finds and orders that: 

1. The requirements of Fed. R. Civ. P. 23(a) and (b)(2) are 

met. A nationwide class is certified as follows: All Medicaid- 

eligible children under age 72 months who are eligible to receive 

Early and Periodic Screening, Diagnosis, and Treatment ("EPSDT") 

program services. The term "Medicaid-eligible" means an individ- 

ual who has been determined under the authority of a state 

Medicaid agency as eligible to receive medical assistance under 

the Title XIX of the Social Security Act, 42 U.S.C. § 1396, and 

who remains so eligible. 

2. The terms of the settlement agreement are fair to the 

members of the class. 

3. The class has been adequately represented in the negoti- 

w—— ation which resulted in the settlgment agreement. 

 



— 

  

4. Class notice has been adequately provided through the 

publication and distribution of notice of this Settlement Agree- 

ment to the following organizations that represent low-income 

children on Medicaid and other health-related issues: 

1) National Clearinghouse for Legal Services 

2) National Health Law Program 

3) National Housing Law Project 

4) National Center for Youth Law 

5) Children’s Defense Fund 

6) Alliance to End Childhood Lead Poisoning 

7) ABA Center on Children and Law 

8) Trial Lawyers for Public Justice 

9) Lawyers Committee for Civil Rights Under Law 

10) Puerto Rican Legal Defense and Education Fund 

11) Mexican American Legal Defense and Education Fund 

12) Environmental Defense Fund 

13) Sierra Club Legal Defense Fund 

14) Natural Resources Defense Council 

5. This action against defendant United States of America 

and Secretary of the Department of Health and Human Services, 

Donna Shalala, is an action seeking solely injunctive and declar- 

atory relief. 

6. Upon an independent review of all the pleadings and the 

agreement of the parties, the Settlement Agreement is found to be 

fair, adequate and reasonable, and pursuant to Rule 23(e) of the 

———; Federal Rules—of Civil Procedure,~the same is approved. 

 



—— 

7. Except as provided in paragraph 7 of the Settlement 

Agreement, the case against the federal defendants is dismissed 

with prejudice. 

IT IS SO ORDERED. 

\{ Aw.93 AL ri 

Date ahi es DISTR{CT JUDGE 
  

 



  

— 

AGREED TO IN FORM AND SUBSTANCE: 

Michael M. Daniel, P.C. 

By: Zug dB Beolhang. 
LAURZX B|. BESHARA 
MICHAEL M. DANIEL 

  

Attorneys for plaintiffs 

NAACP Legal Defense and Educational Fund, Inc. 

By: Kirton ® fudreson by 
BILL LANN LEE 
KIRSTEN D. LEVINGSTON 

  

National Health Law Program 

By: 
JANE PERKINS 
  

Bronx Legal Services 

By: 
LUCY BILLINGS 
MARIE-ELENA RUFFO 

  

Attorneys for Plaintiff-Intervenors 

UNITED STATES DEPARTMENT OF JUSTICE 

By: 
  

SHEILA LIEBER 
ALINA S. KOFSKY 
STEVEN H. HARTMANN 

Attorneys for Defendant USA 

  

  

Date 

  

Date 

  

Date 

  

Date 

 



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AGREED TO IN FORM AND SUBSTANCE! 

Michael M. Daniel, P.C. 

  

LAURA B. BESHARA 
MICHAEL M. DANIEL 

Attorneys for plaintiffs 

NAACP Legal Defense and Educational Fund 

By: 
BILL LANN LEE 
KIRSTEN D. LEVINGSTON 

  

National Health Law Program 

BY... icormmeswre 
JANE PERKINS 
  

Bronx Legal Services 

LUCY BILLINGS 
MARIE-ELENA RUFFO 

  

Attorneys for Plaintlff-Intervenors 

UNITED STATES DEPARTMENT OF JUSTICE 

  

  

SHEILA LIEBER 
ALINA 8, KOFSBKY 
STEVEN H. HARTMANN 

Attorneys for Defendant UBA 

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AGREED TO IN FORM AND SUBSTANCE: 

Michael M. paniel, P.C. 

    BY: 
LAURA B. BESHARA 

MICBAEL M. DANIEL 

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Attorneys for plaintiffe 

NAACP Legal pefense and Educational Fund, Inc. CE —————
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Bronx Legal Services 

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MARIE-ELENA RUFFO 

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