NORTH CAROLINA ASSOCIATION, LONG
TERM CARE FACILITIES; LAURA
BURKETT; HOWARD McNEILL; MARION
ORLANDER GREEN; DONNA RICHARDSON;
ROBERT EDENS; and LOU WILSON;
ROBERT NIXON d/b/a Boger City Rest
Home; STAN BRADLEY d/b/a Southern
Heritage; CARLOS A. GARCIA; FAIGER
M. BLACKWELL d/b/a Blackwell
Associates; MELISSA O'KELLEY d/b/a
Mountain Area Enterprises; WARREN
MASSENBURG d/b/a Zollieville Rest
Home, Inc. and E.E. Toney Rest Home,
Inc.; BETHANY ENTERPRISES, INC.;
ROCKY PASS ADULT CARE, L.L.C.; Wake County
E & J HEALTH CARE, INC.; CENTRAL No. 01 CVS 5425
CARE, INC.; ATWATER REST HOME,
INC.; DANIEL W. TUTTLE d/b/a Tuttle
Enterprises; EVELYN LOVE-TROLLINGER;
CHANCELOR HEALTH SERVICES, L.L.C.;
and A. STEVE PIERCE,
Plaintiffs
v.
NORTH CAROLINA DEPARTMENT OF HEALTH
AND HUMAN SERVICES, CARMEN HOOKER
BUELL in her official capacity as
Secretary of the North Carolina
Department of Health and Human
Services,
Defendants
Hopper & Hicks, LLP, by William L. Hopper, and Moore & Van
Allen, PLLC, by Joseph W. Eason and Robert A. Meynardie, for
the plaintiffs.
Attorney General Roy Cooper, by Special Deputy AttorneyGeneral Ronald Marquette, Assistant Attorney General Grady L.
Balentine, Jr., and Assistant Attorney General Emery E.
Milliken, for defendants.
BRYANT, Judge.
On 13 March 2001, plaintiffs filed a civil action in Wake
County Superior Court. On 16 April 2001, defendants removed the
case to the United States District Court for the Eastern District
of North Carolina. On 4 May 2001, plaintiffs voluntarily dismissed
their state claims from the federal suit and refiled the state
claims in this action. On 20 June 2001, defendants filed an answer
and moved to dismiss the action. On 12 September 2001, a hearing
was held on defendants' motion at the civil session of Wake County
Superior Court with the Honorable Henry W. Hight, Jr., presiding.
On 14 September 2001, Judge Hight entered an order dismissing
plaintiffs' action. Plaintiffs filed notice of appeal on 28
September 2001.
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