Agreed Order

    IN THE UNITED STATES DISTRICT COUJ 
FOR THE NORTHERN DISTRICT OF TEX? 

DALLAS DIVISION 

LOIS THOMPSON on behalf of 

and as next friend to TAYLOR 
KEONDRA DIXON, ZACHERY X. 

WILLIAMS, CALVIN A. THOMPSON, 

and PRENTISS LAVELL MULLINS 

Plaintiffs, 

  

    

and 

PEOPLE UNITED FOR A BETTER 

OAKLAND, et al., 

Plaintiff-intervenors, 

CIVIL ACTION NO. 
3:92-CV-1539-R 

Ve. 

BURTON RAIFORD 

and 

THE UNITED STATES OF AMERICA 

Defendants. * 
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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- 

ation which resulted in the settlement 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) 

2) 

3) 

4) 

5) 

6) 

7) 

8) 

9) 

National Clearinghouse for Legal Services 

National Health Law Program 

National Housing Law Project 

National Center for Youth Law 

Children’s Defense Fund 

Alliance to End Childhood Lead Poisoning 

ABA Center on Children and Law 

Trial Lawyers for Public Justice 

Lawyers Committee for Civil Rights Under Law 

Puerto Rican Legal Defense and Education Fund 

Mexican American Legal Defense and Education Fund 

Environmental Defense Fund 

Sierra Club Legal Defense Fund 

Natural Resources Defense Council 

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. (4. 

24 Serr 43 rw % down 
  

Date UNI \ i DISTRICE® JUDGE 

 



  

e # 

AGREED TO IN FORM AND SUBSTANCE: 

Michael M. Daniel, P.C. 

By: “Xun Sashals 3/4 /p3 
LAURA B. BESHARA ; Date 
MICHAEL M. DANIEL 

  
  

Attorneys for paahts fs 

  

| anf : $7 for 5S NAACP Legal Defepse /and Educational Fund, Inc. / 

Fe / Date 

LN 
By:’ agg : : 
  

BILL LANN LEE 7 
KIRSTEN D. LEVINGSTON 

National Health Law Program 5-11-93 
  

Date 

3 gh 
By: ‘Ziv [et —— 
JANE PERKINS 
  

. - : il I 
Bronx Legal Services KL-20-7% 

Date 

By: er 2 es &. rl: Coffer 

LUCY BILLINGS 
MARIE-ELENA RUFFO 

  

  

Attorneys for Plaintiff-Intervenors 

UNITED STATES DEPARTMENT OF JUSTICE s/. [43 

By: ar ld ces " A. A 

  

  

SHEILA LIEBER 

ALINA S. KOFSKY 
STEVEN H. HARTMANN 

Attorneys for Defendant USA