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Cassandra Hawkins, et al v. Department of Health and Human Services

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Before Torruella, Selya and Lipez, Circuit Judges.

In August 2003, the New Hampshire Department of Health and Human Services (the “Department”) and a certified class of Medicaid-eligible children (the “Class”) reached a settlement agreement and proposed a consent decree (the “Decree”) that outlined the Department’s obligations to provide dental services to Medicaid-enrolled children in accordance with federal law. The district court approved the Decree on January 26, 2004. Between January 2007 and January 2010, the Class filed four motions in the district court, alleging that the Department was not complying with its obligations under the Decree and seeking various remedies. The district court denied each of the motions.

On appeal, the Class claims that the district court (1) erred by requiring the Class to file a motion for contempt*fn1 to enforce the Decree; (2) abused its discretion by denying the Class’s 2010 motion for contempt; (3) abused its discretion by denying the Class’s request for an evidentiary hearing in 2010; and (4) erred by holding the Class to a clear and convincing burden of proof on its 2010 motion to modify or extend the Decree.*fn2 After careful review of the record, we affirm.

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