Case: Susan J. v. Riley

2:00-cv-00918 | U.S. District Court for the Middle District of Alabama

Filed Date: July 12, 2000

Closed Date: 2009

Clearinghouse coding complete

Case Summary

On July 12, 2000, fourteen developmentally disabled Alabama residents filed a lawsuit under the Medicaid Act (Title XIX of the Social Security Act, 42 U.S.C. § 1396 et seq.), 42 U.S.C. § 1983, the Due Process Clause of the Fourteenth Amendment, and 28 U.S.C. §§2201 et seq. The plaintiffs filed the lawsuit against the Alabama Department of Mental Health and Mental Retardation (DMH/MR), its Commissioner, and the Alabama Governor in the United States District Court for the Middle District of Alaba…

On July 12, 2000, fourteen developmentally disabled Alabama residents filed a lawsuit under the Medicaid Act (Title XIX of the Social Security Act, 42 U.S.C. § 1396 et seq.), 42 U.S.C. § 1983, the Due Process Clause of the Fourteenth Amendment, and 28 U.S.C. §§2201 et seq. The plaintiffs filed the lawsuit against the Alabama Department of Mental Health and Mental Retardation (DMH/MR), its Commissioner, and the Alabama Governor in the United States District Court for the Middle District of Alabama. Plaintiffs sought declaratory and injunctive relief, alleging that Defendants failed to ensure that (1) the development of appropriate residential placement services, day habilitation services, and/or other services; (2) Plaintiffs could apply for and receive these services with reasonable promptness; (3) these services were made available to the plaintiffs in the same manner as the services were provided to other similarly situated Medicaid assistance recipients in Alabama; and (4) Plaintiffs received these services.

The plaintiffs filed the lawsuit on behalf of developmentally disabled persons who applied for services under Alabama's Home and Community Based Waiver Programs and (1) were found eligible for such services but either did not receive them with reasonable promptness or received services that were inadequate or inappropriate; (2) were deemed ineligible and not given notice or an opportunity for hearing; or (3) did not receive a claims determination with reasonable promptness. On October 24, 2008, the Court (Judge Mark E. Fuller) denied the plaintiffs' motion for class certification as to the first subclass but granted it as to the second and third subclasses.

The parties reached a settlement agreement in which the Department of Mental Health and Mental Retardation agreed "to provide additional notices and procedures on a system-wide basis." Susan J. v. Riley, No. 2:00-cv-918-MEF, 2009 WL 2259524, at *1 (M.D. Ala July 29, 2009). As part of the settlement agreement, the parties filed a joint motion to decertify the two subclasses, which the Court granted on July 29, 2009. As the Court explains, "The combination of system-wide relief and decertification would have the effect of allowing the benefits of the settlement to reach all class members (and other persons who are not class members) without the otherwise attendant burdens of issue and claim preclusion." Id.

Subsequent to the Settlement Agreement, the parties filed a Joint Stipulation of Dismissal With prejudice, and on August 10, 2009, the Court dismissed the case. The PACER docket does not reflect any further activity.

Summary Authors

Jordan Rossen (1/6/2011)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5382830/parties/j-v-riley/


Judge(s)

Capel, Wallace Jr. (Alabama)

Attorney for Plaintiff

Baxter, Glenn Nelson (Alabama)

Attorney for Defendant

Davis, James William (Alabama)

Fairbanks, Misty S (Alabama)

Fleming, Margaret L. (Alabama)

Expert/Monitor/Master/Other

show all people

Documents in the Clearinghouse

Document

2:00-cv-00918

Docket

Aug. 10, 2009

Aug. 10, 2009

Docket
23

2:00-cv-00918

Order Denying Defendants' Motion To Dismiss

June 15, 2004

June 15, 2004

Order/Opinion
63

2:00-cv-00918

Defendants' Memorandum in Support of Motion for Judgment on the Pleadings

Feb. 17, 2006

Feb. 17, 2006

Pleading / Motion / Brief

2006 WL 2006

65

2:00-cv-00918

Plaintiffs' Memorandum of Law Opposing Defendants' Motion for Judgment on the Pleadings

Susan J. v. RIley

March 20, 2006

March 20, 2006

Pleading / Motion / Brief

2006 WL 2006

68

2:00-cv-00918

Opinion and Order Denying Defendants' Motion for Judgment on the Pleadings

June 23, 2006

June 23, 2006

Order/Opinion
107

2:00-cv-00918

Third Amended Complaint

July 26, 2007

July 26, 2007

Complaint
126

2:00-cv-00918

Opinion and Order Denying Plaintiffs' Motion for Class Certification

Sept. 12, 2007

Sept. 12, 2007

Order/Opinion

2007 WL 2007

222

2:00-cv-00918

Opinion and Order Granting In Part and Denying In Part Plaintiffs' Amended Motion for Class Certification

Oct. 24, 2008

Oct. 24, 2008

Order/Opinion

254 F.R.D. 254

239

2:00-cv-00918

Opinion and Order [(1) denying plaintiffs’ motion for summary judgment on Reasonable Promptness claim and (2) denying defendants’ motion for summary judgment as to some plaintiffs and granting it as to other plaintiffs]

April 29, 2009

April 29, 2009

Order/Opinion

616 F.Supp.2d 616

266

2:00-cv-00918

Opinion and Order (granting joint motion to decertify classes, subject to the parties’ filing of a joint stipulation of dismissal)

July 29, 2009

July 29, 2009

Order/Opinion

2009 WL 2009

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5382830/j-v-riley/

Last updated Jan. 28, 2024, 3:12 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT Filing Fee $ 150 Receipt # 82778 (war) (Entered: 07/14/2000)

July 12, 2000

July 12, 2000

PACER
2

REQUEST FOR WAIVER of Service as to Don Siegelman, Kathy Sawyer, Ala. Dept. of Mental 7/13/00 Waiver of Service due by 8/14/00 for Ala. Dept. of Mental, for Kathy Sawyer, for Don Siegelman Answer deadline projected for 9/11/00 for Ala. Dept. of Mental, for Kathy Sawyer, for Don Siegelman (war) (Entered: 07/14/2000)

July 13, 2000

July 13, 2000

PACER

File referred to Magistrate Judge Coody (war)

July 14, 2000

July 14, 2000

PACER

Sent Notice of Assignment to U.S. Magistrate Judge to plaintiff's counsel (war)

July 14, 2000

July 14, 2000

PACER

File referred to Judge Thompson (ajr)

July 19, 2000

July 19, 2000

PACER

CASE reassigned to Judge Myron H. Thompson (ajr)

July 19, 2000

July 19, 2000

PACER
4

MOTION by Susan J., Ledell R., Gregory T., John H., Jennifer H., Shavon H. for Protective Order referred to Judge Myron H. Thompson (war) (Entered: 07/21/2000)

July 20, 2000

July 20, 2000

PACER
3

AMENDED COMPLAINT by Susan J., Ledell R., Gregory T., John H., Jennifer H., Shavon H. amending [1-1] complaint, referred to Magistrate Judge Thompson (war) (Entered: 07/21/2000)

July 20, 2000

July 20, 2000

PACER
6

WAIVER OF SERVICE Returned Executed as to Don Siegelman, Kathy Sawyer, Ala. Dept. of Mental (war) (Entered: 07/25/2000)

July 24, 2000

July 24, 2000

PACER
5

ORDER granting [4-1] motion for Protective Order ( signed by Judge Myron H. Thompson ), copies mailed to counsel; furnished to SC. (war) (Entered: 07/24/2000)

July 24, 2000

July 24, 2000

PACER

Motion(s) referred to Judge Myron H. Thompson : #7 by dft Siegelman et al to dismiss, referred originally to MJ in error. (yg)

Sept. 12, 2000

Sept. 12, 2000

PACER
7

MOTION by Don Siegelman, Kathy Sawyer, Ala. Dept. of Mental to Dismiss (Exhibits A-F attached), referred to Mag. Judge Charles S. Coody (war) (Entered: 09/13/2000)

Sept. 12, 2000

Sept. 12, 2000

PACER

Motion(s) referred to Judge Myron H. Thompson: [7-1] motion to Dismiss, referred originally to MJ Coody in error. (dkt clerk) Modified on 10/16/2001

Sept. 12, 2000

Sept. 12, 2000

PACER
8

ORDER [7-1] motion to Dismiss by Ala. Dept. of Mental, Kathy Sawyer, Don Siegelman set for submission on 10/10/00 setting Brief deadline to 10/10/20 ( signed by Judge Myron H. Thompson ), copies provided to counsel for fax as directed. (war) (Entered: 09/15/2000)

Sept. 15, 2000

Sept. 15, 2000

PACER
11

BRIEF by Don Siegelman, Kathy Sawyer, Ala. Dept. of Mental in support of [7-1] motion to Dismiss, referred to Judge Myron H. Thompson (war) (Entered: 10/11/2000)

Oct. 10, 2000

Oct. 10, 2000

PACER
10

MOTION by Susan J., Ledell R., Gregory T., John H., Jennifer H., Shavon H. for a continuance to permit discovery (Rule 56(f) referred to Judge Myron H. Thompson (war) (Entered: 10/10/2000)

Oct. 10, 2000

Oct. 10, 2000

PACER
9

REPLY (RESPONSE) by Susan J., Ledell R., Gregory T., John H., Jennifer H., Shavon H. to response to [7-1] motion to Dismiss by Ala. Dept. of Mental, Kathy Sawyer, Don Siegelman (Exhibits l-2 attached), referred to Judge Myron H. Thompson (war) (Entered: 10/10/2000)

Oct. 10, 2000

Oct. 10, 2000

PACER
12

ORDER denying [10-1] motion for a continuance to permit discovery (Rule 56(f) ( signed by Judge Myron H. Thompson ), copies provided to counsel; furnished to SC. (war) (Entered: 10/13/2000)

Oct. 13, 2000

Oct. 13, 2000

PACER
13

MOTION for Sandra B. Reiss to Withdraw as Counsel for Plaintiffs . Referred to Judge Myron H. Thompson (dkt clerk) (Entered: 07/11/2001)

July 10, 2001

July 10, 2001

PACER
14

ORDER granting [13-1] motion for Sandra B. Reiss to Withdraw as Counsel for Plaintiffs ( signed by Judge Myron H. Thompson ), copies provided to counsel. (mfm) (Entered: 07/13/2001)

July 13, 2001

July 13, 2001

PACER

REFERRAL JUDGE reassigned to Mag. Judge Vanzetta P. McPherson (dkt clerk)

Aug. 30, 2001

Aug. 30, 2001

PACER
15

MOTION by Susan J., Ledell R., Gregory T., John H., Jennifer H., Shavon H. to allow limited Discovery and other relief (Exhibits A thru C attached). Referred to Judge Myron H. Thompson (djy) (Entered: 09/20/2001)

Sept. 19, 2001

Sept. 19, 2001

PACER
16

MOTION by Don Siegelman, Ala. Dept. of Mental, Kathy Sawyer for G. R. Trawick to Withdraw as Attorney referred to Judge Myron H. Thompson (djy) (Entered: 10/09/2002)

Oct. 8, 2002

Oct. 8, 2002

PACER
17

ORDER granting [16-1] motion for G. R. Trawick to Withdraw as Attorney; ( signed by Judge Myron H. Thompson ), copies provided; furnished to SC. (ydw) (Entered: 10/11/2002)

Oct. 11, 2002

Oct. 11, 2002

PACER
18

NOTICE of Attorney Appearance for Kathy Sawyer, Ala. Dept. of Mental by Courtney Wayne Tarver, David E. Jackson (ajr) (Entered: 10/24/2002)

Oct. 23, 2002

Oct. 23, 2002

PACER

Motion(s) referred to Judge Mark E. Fuller : [7-1] motion to Dismiss referred to Judge Mark E. Fuller, [15-1] motion to allow limited Discovery and other relief referred to Judge Mark E. Fuller (djy)

Dec. 6, 2002

Dec. 6, 2002

PACER

CASE reassigned to Judge Mark E. Fuller (djy)

Dec. 6, 2002

Dec. 6, 2002

PACER
19

** NOTICE of CASE reassigned to Judge Mark E. Fuller, copies provided. (djy) (Entered: 12/10/2002)

Dec. 10, 2002

Dec. 10, 2002

PACER
20

MOTION by Susan J., Ledell R., Gregory T., John H., Jennifer H., Shavon H. to Substitute defendant referred to Judge Mark E. Fuller (ajr) (Entered: 05/14/2003)

May 13, 2003

May 13, 2003

PACER
21

Stamped ORDER granting [20-1] motion to Substitute defendant; terminated Don Siegelman; Added Bob Riley as Governor of the State of Alabama ( signed by Judge Mark E. Fuller ), copies provided to counsel and Bob Riley. (djy) (Entered: 05/20/2003)

May 20, 2003

May 20, 2003

PACER
24

ORDER re 15 Motion for Discovery; Defendants' Show Cause Response due by 6/30/2004 as to why the plaintiffs' motion should not be granted ; Plaintiffs' Response due by 7/9/2004.. Signed by Judge Mark E. Fuller on 6/15/04. (vmc, ) (Entered: 06/15/2004)

June 15, 2004

June 15, 2004

PACER
23

ORDER denying 7 Motion to Dismiss; it is further ordered that on or before 6/30/04 the dfts shall file their answer to the First Amended Complaint . Signed by Judge Mark E. Fuller on 6/15/05. (vmc, ) (Entered: 06/15/2004)

June 15, 2004

June 15, 2004

PACER
22

ORDER that the caption of this case is changed to reflect that this action is brought against Bob Riley, in his official capacity as Governor of the State of Alabama; the parties are directed to use the new caption as it appears on this order for all future submission to the Court. Signed by Judge Mark E. Fuller on 6/15/04. (vmc, ) (Entered: 06/15/2004)

June 15, 2004

June 15, 2004

PACER
26

NOTICE of Appearance by Lauren Wilson-Carr on behalf of Susan J. (vmc, ) (Entered: 06/23/2004)

June 22, 2004

June 22, 2004

PACER
25

NOTICE of Appearance by James A. Tucker on behalf of Susan J. (vmc, ) (Entered: 06/23/2004)

June 22, 2004

June 22, 2004

PACER
28

Defendant's RESPONSE TO ORDER TO SHOW CAUSE re 24 Order by Alabama Department of Mental Health and Mental Retardation, Bob Riley, Kathy Sawyer (w/attach.)(vmc, ) (Entered: 07/01/2004)

June 30, 2004

June 30, 2004

PACER

***Attorney Courtney Wayne Tarver for Bob Riley, David Elzy Jackson for Bob Riley added. (vmc, )

June 30, 2004

June 30, 2004

PACER
27

ANSWER to Amended Complaint, ANSWER to Complaint by Alabama Department of Mental Health and Mental Retardation, Bob Riley, Kathy Sawyer.(vmc, ) (Entered: 07/01/2004)

June 30, 2004

June 30, 2004

PACER
29

Reply to response to order to show cause filed by Jennifer H., John H., Shavon H., Susan J., Ledell R., Gregory T.. (Mattison, Deborah) (Entered: 07/08/2004)

July 8, 2004

July 8, 2004

PACER
30

ORDER directing the parties file the Rule 26(f) report containing the discovery plan as soon as practicable, as further set out in order; Rule 26 Meeting Report due by 7/30/2004. Signed by Judge Mark E. Fuller on 7/12/04. (djy, ) (Entered: 07/12/2004)

July 12, 2004

July 12, 2004

PACER
31

ORDER denying as moot 15 Motion for Discovery . Signed by Judge Mark E. Fuller on 7/13/04. (djy, ) (Entered: 07/13/2004)

July 13, 2004

July 13, 2004

PACER
32

REPORT of Parties' Planning Meeting. (vmc, ) (Entered: 08/02/2004)

July 30, 2004

July 30, 2004

PACER
33

SCHEDULING ORDER: Final Pretrial Conference set for 9/8/2005 before Hon. Chief Judge Mark E. Fuller. Non-Jury Trial set for 10/24/2005 before Hon. Chief Judge Mark E. Fuller. Amended Pleadings due by 10/27/2004. Discovery due by 8/25/2005. Motions due by 6/10/2005. Mediation Notice due by 7/6/2005. Signed by Judge Mark E. Fuller on 8/6/04. (furn: yg hc kg)(vmc, ) (Entered: 08/06/2004)

Aug. 6, 2004

Aug. 6, 2004

PACER
34

MOTION to Amend 33 Scheduling Order by Jennifer H., John H., Shavon H., Susan J., Ledell R., Gregory T.. (djy, ) (Entered: 08/20/2004)

Aug. 19, 2004

Aug. 19, 2004

PACER
35

ORDER granting 34 MOTION to Amend 33 Scheduling Order; It is further Ordered that Section 4 and Section 5 of the Uniform Scheduling Order (Doc. #33) entered on 8/6/04 shall read as follows: SECTION 4. Any motions to amend the pleadings and to add parties shall be filed on or before 6/1/05; Amended Pleadings due by 6/1/2005; SECTION 5. Any motion for class certification shall be filed on or before 6/10/05 as further set out in order. Signed by Judge Mark E. Fuller on 8/30/04. (vmc, ) (Entered: 08/30/2004)

Aug. 30, 2004

Aug. 30, 2004

PACER
36

STATUS REPORT Joint Report of the Parties' Settlement Attempts by Alabama Department of Mental Health and Mental Retardation, Jennifer H., John H., Shavon H., Susan J., Ledell R., Bob Riley, Kathy Sawyer, Gregory T.. (Tarver, Courtney) (Entered: 11/02/2004)

Nov. 2, 2004

Nov. 2, 2004

PACER
37

NOTICE of Deficiency re 36 Joint Report of the Parties' Settlement Attempts (vmc, ) (Entered: 11/03/2004)

Nov. 3, 2004

Nov. 3, 2004

PACER
38

NOTICE of Correction re 36 Joint Report (Attachments: #1 corrected PDF document to doc. entry #36)(vmc, ) (Entered: 11/04/2004)

1 attachments1

View on PACER

Nov. 4, 2004

Nov. 4, 2004

PACER
39

Joint MOTION for Extension of Deadline by Shavon H., Kathy Sawyer, Alabama Department of Mental Health and Mental Retardation, Bob Riley, Susan J., Ledell R., Gregory T., John H., Jennifer H.. (Mattison, Deborah) (Entered: 05/25/2005)

May 25, 2005

May 25, 2005

PACER
40

ORDER Setting Hearing on Motion 39 Joint MOTION for Extension of Deadline: Motion Hearing set for 6/15/2005 09:00 AM by telephone before Hon. Chief Judge Mark E. Fuller as further set out. Signed by Judge Mark E. Fuller on 5/27/05. (furn: yg hc kg)(vmc, ) (Entered: 05/27/2005)

May 27, 2005

May 27, 2005

PACER
41

First MOTION to Amend/Correct First Amended Complaint by Susan J.. (Attachments: # 1)(Wilson-Carr, Lauren) (Entered: 06/01/2005)

1 proposed second amended complaint

View on PACER

June 1, 2005

June 1, 2005

PACER
42

ORDER TO SHOW CAUSE as to why 41 Motion to Amend/Correct filed by Susan J., should not be granted. Show Cause Response due by 6/7/2005. Signed by Judge Mark E. Fuller on 6/2/05. (vmc, ) (Entered: 06/02/2005)

June 2, 2005

June 2, 2005

PACER
43

MOTION for Extension of Deadline for Class Certification, Dispositive Motions and Plaintiffs' Deadline to Disclose Experts due June 10, 2005, and Defendants' Requirement to Show Cause Due by June 7, 2005 by Kathy Sawyer, Alabama Department of Mental Health and Mental Retardation, Bob Riley, (Jennifer H., John H., Shavon H., Susan J. Ledell R., Gregory T.) . (Tarver, Courtney) Modified on 6/6/2005 - to add additional filers (vmc, ). (Entered: 06/03/2005)

June 3, 2005

June 3, 2005

PACER

NOTICE of Docket Text Correction re 44 Order Setting Hearing on Motion - Modified on 6/6/2005 to additional text granting 43 joint motion (vmc, ). (No PDF attached to this docket entry)(vmc, )

June 6, 2005

June 6, 2005

PACER
44

ORDER resetting Hearing on 39 Joint MOTION for Extension of Deadline. Motion Hearing set for 6/15/05 is rescheduled for 6/15/2005 03:00 PM in chambers before Hon. Chief Judge Mark E. Fuller; It is further ordered that the Joint Motion to Suspend Certain Filing deadlines doc. 43 is granted. Signed by Judge Mark E. Fuller on 6/6/05. (furn: yg hc kg)(vmc, ) Modified on 6/6/2005 to additional text granting 43 joint motion (vmc, ). (Entered: 06/06/2005)

June 6, 2005

June 6, 2005

PACER

NOTICE of Docket Text Correction re 43 MOTION for Extension of Deadline, etc. - Modified on 6/6/2005 - to add additional filers (vmc, ). (No PDF attached to this notice)(vmc, )

June 6, 2005

June 6, 2005

PACER

Minute Entry for proceedings held before Judge Mark E. Fuller : Status Conference held on 6/15/2005. [No PDF is attached] (kcg, )

June 15, 2005

June 15, 2005

PACER
46

SECOND AMENDED COMPLAINT against all defendants, filed by Susan J..(Wilson-Carr, Lauren) (w/Appendix A attached) Modified on 6/22/2005 - to show Second Amended Complaint (w/Appendix A attached) (vmc, ). (Entered: 06/21/2005)

June 21, 2005

June 21, 2005

PACER
45

ORDER granting 41 First MOTION for leave to file second Amended Complaint and to Join Additional Plaintiffs filed by Susan J.; Plaintiffs shall file the Second Amended Complaint on or before 6/24/05; Amended Pleadings due by 6/24/2005; Dfts shall file an Answer to the Second Amended Complaint on or before 8/1/05; The deadlines set forth in the Scheduling Order entered on 8/6/04 33 are hereby continued generally; The Clerk of the Court is directed to remove the above-styled case from the 10/24/05 Montgomery Non-jury trial term; Parties' modified Rule 26(f) Meeting Report due on or before 9/30/2005 as further set out in order; The parties shall file joint status reports on the 15th of each month, beginning with 7/15/05, as further set out; Status Report due by 7/15/2005: Setting Scheduling Conference for 10/12/2005 10:00 AM in chambers before Hon. Chief Judge Mark E. Fuller.. Signed by Judge Mark E. Fuller on 6/21/05. (furn: yg hc kg)(vmc, ) (Entered: 06/21/2005)

June 21, 2005

June 21, 2005

PACER

NOTICE of Docket Text Correction re 46 Amended Complaint - Modified on 6/22/2005 - to show Second Amended Complaint (w/Appendix A attached) (No PDF attached to this notice)(vmc, )

June 22, 2005

June 22, 2005

PACER
47

Joint MOTION To File Status Reports Under Seal by Shavon H., Don Siegelman, Elizabeth A., Beverly W., James E., Sarah P., Beckie P., Calvin R., Elizabeth B., Matthew P., Jerries P., Tara L., Ernest B., Kelly B., Charles D., Lindsey P., Paula A., Krystal W., Billy J., Eduardo S., Nick P., Bradley S., Anthony J., Nicholas A., Shirley R., Angie D., Shea G., Kathy Sawyer, Alabama Department of Mental Health and Mental Retardation, Bob Riley, Susan J., Ledell R., Gregory T., John H., Jennifer H.. (Mattison, Deborah) (Entered: 07/07/2005)

July 7, 2005

July 7, 2005

PACER
48

ORDER granting 47 Joint Motion To File Status Reports Under Seal; the parties may file each status report under seal by placing the same in a sealed envelope with the case name and number and labeled as "status reports to be filed under seal."; These reports SHALL NOT be filed electronically but SHALL be submitted to the Clerk of the Court . Signed by Judge Mark E. Fuller on 7/8/05. (vmc, ) (Entered: 07/08/2005)

July 8, 2005

July 8, 2005

PACER
49

SEALED DOCUMENT - Joint Status Report (Sealed per order of 7/8/05 - Doc. 48 ). (vmc, ) (Entered: 07/18/2005)

July 15, 2005

July 15, 2005

PACER
50

ANSWER to (Second) Amended Complaint by Bob Riley.(Jackson, David) Modified on 8/2/2005 - make text read Answer to Second Amended Complaint(vmc, ). (Entered: 08/01/2005)

Aug. 1, 2005

Aug. 1, 2005

PACER

NOTICE of Docket Text Correction re 50 Answer to Amended Complaint - Modified on 8/2/2005 - make text read Answer to (Second) Amended Complaint(vmc, ). (No PDF attached to this docket entry)(vmc, )

Aug. 2, 2005

Aug. 2, 2005

PACER
51

SEALED DOCUMENT - Joint Status Report - Sealed per order of 7/8/05 - doc. 48 . (vmc, ) (Entered: 08/15/2005)

Aug. 15, 2005

Aug. 15, 2005

PACER
52

SEALED DOCUMENT - Joint Status Report - (Sealed per order of 7/8/05 - Doc. 48 . (vmc, ) (Entered: 09/16/2005)

Sept. 15, 2005

Sept. 15, 2005

PACER
53

Modified REPORT of Parties' Rule 26(f) Planning Meeting. (vmc, ) (Entered: 09/28/2005)

Sept. 28, 2005

Sept. 28, 2005

PACER

Minute Entry for proceedings held before Judge Mark E. Fuller : Telephone Scheduling Conference held on 10/12/2005. (no pdf is attached) (kcg, )

Oct. 12, 2005

Oct. 12, 2005

PACER
54

ORDER it is hereby Ordered as follows: 1) The parties shall continue to submit a status report on the 15th day of each month; The parties may file each status report under seal by placing the same in a sealed envelope with the case name and number and labeled "status reports to be filed under seal." These reports shall not be filed electronically but shall be submitted to the Clerk of Court; 2) Setting Status Conference for 12/19/2005 10:00 AM in chambers before Hon. Chief Judge Mark E. Fuller. Signed by Judge Mark E. Fuller on 10/12/05. (furn: yg hc kg)(vma, ) (Entered: 10/12/2005)

Oct. 12, 2005

Oct. 12, 2005

PACER
55

SEALED DOCUMENT - Joint Status Report of the Parties - Sealed per order of 10/12/05 - doc. 54 . (vma, ) (Entered: 10/17/2005)

Oct. 14, 2005

Oct. 14, 2005

PACER
56

SEALED DOCUMENT - Joint Status Report of the Parties - Sealed per order of 10/12/05 - doc. 54 . (vma, ) (Entered: 11/15/2005)

Nov. 14, 2005

Nov. 14, 2005

PACER
58

SEALED DOCUMENT - Joint Status Report of the Parties - Sealed per order of 10/12/05 doc. - 54 . (vma, ) (Entered: 12/16/2005)

Dec. 15, 2005

Dec. 15, 2005

PACER
57

NOTICE of Appearance by John J. Park, Jr on behalf of Kathy Sawyer, Alabama Department of Mental Health and Mental Retardation, Bob Riley (Park, John) (Entered: 12/15/2005)

Dec. 15, 2005

Dec. 15, 2005

PACER

Minute Entry for proceedings held before Judge Mark E. Fuller : Status Conference held on 12/19/2005. [no pdf attached] (kcg, )

Dec. 19, 2005

Dec. 19, 2005

PACER
59

ORDER it is hereby Ordered that any dispositive motion concerning the proper standing of any Plantiff before this Court shall be filed on or before 2/17/06; Motions due by 2/17/2006. Response to Motion due by 3/20/2006. Reply Brief due by 3/28/2006; In accordance with this arrangement, it is Ordered that the parties' obligation to file monthly status reports is suspended until further notice from the Court. Signed by Judge Mark E. Fuller on 12/19/05. (vma, ) (Entered: 12/19/2005)

Dec. 19, 2005

Dec. 19, 2005

PACER
60

NOTICE of Deficiency re 58 Sealed Document (vma, ) (Entered: 12/21/2005)

Dec. 21, 2005

Dec. 21, 2005

PACER
61

Plaintiffs' Notice of Assent to Filing of Joint Status Report re 58 Sealed Document (vma, ) (Entered: 12/27/2005)

Dec. 23, 2005

Dec. 23, 2005

PACER
63

BRIEF/MEMORANDUM in Support re 62 MOTION for Judgment on the Pleadings filed by Kathy Sawyer, Alabama Department of Mental Health and Mental Retardation, Bob Riley. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C)(Park, John) (Entered: 02/17/2006)

1 Exhibit A

View on PACER

2 Exhibit B

View on PACER

3 Exhibit C

View on PACER

Feb. 17, 2006

Feb. 17, 2006

PACER
62

MOTION for Judgment on the Pleadings by Kathy Sawyer, Alabama Department of Mental Health and Mental Retardation, Bob Riley. (Park, John) (Entered: 02/17/2006)

Feb. 17, 2006

Feb. 17, 2006

PACER
65

BRIEF/MEMORANDUM in Opposition to Defendants' Motion for Judgment on the Pleadings, filed by Shavon H., Elizabeth A., Beverly W., James E., Sarah P., Beckie P., Calvin R., Elizabeth B., Matthew P., Jerries P., Tara L., Ernest B., Kelly B., Charles D., Lindsey P., Paula A., Krystal W., Billy J., Eduardo S., Nick P., Bradley S., Anthony J., Nicholas A., Shirley R., Angie D., Shea G., Susan J., Ledell R., Gregory T., John H., Jennifer H.. (Mattison, Deborah) Modified on 3/21/2006 - to create relationship to doc. 62 m/jgm pleadings (vma, ). Additional attachment(s) added on 3/21/2006 (vma, ). (Entered: 03/20/2006)

March 20, 2006

March 20, 2006

PACER
64

RESPONSE to Motion re 62 MOTION for Judgment on the Pleadings filed by Shavon H., Elizabeth A., Beverly W., James E., Sarah P., Beckie P., Calvin R., Elizabeth B., Matthew P., Jerries P., Tara L., Ernest B., Kelly B., Charles D., Lindsey P., Paula A., Krystal W., Billy J., Eduardo S., Nick P., Bradley S., Anthony J., Nicholas A., Shirley R., Angie D., Shea G., Susan J., Ledell R., Gregory T., John H., Jennifer H.. (Mattison, Deborah) (Entered: 03/20/2006)

March 20, 2006

March 20, 2006

PACER
66

NOTICE of Correction attaching corrected PDF (w/corrected signatures) re 65 BRIEF/MEMORANDUM in Opposition,, (Attachments: # 1 corrected PDF)(vma, ) (Entered: 03/21/2006)

1 corrected PDF

View on PACER

March 21, 2006

March 21, 2006

PACER

NOTICE of Docket Text Correction re 65 BRIEF/MEMORANDUM in Opposition - Modified on 3/21/2006 - to create relationship to doc. 62 m/jgm pleadings (No PDF attached to this notice)(vma, )

March 21, 2006

March 21, 2006

PACER
67

REPLY BRIEF Memorandum in Support of Motion for Judgment on the Pleadings filed by Kathy Sawyer, Alabama Department of Mental Health and Mental Retardation, Bob Riley. (Park, John) Modified on 3/29/2006 - to create relationship to doc. 62 m/jgm pleadings (vma, ). (Entered: 03/28/2006)

March 28, 2006

March 28, 2006

PACER

NOTICE of Docket Text Correction re 67 Reply Brief, - Modified on 3/29/2006 - to create relationship to doc. 62 m/jgm pleadings (No PDF attached to this notice)(vma, )

March 29, 2006

March 29, 2006

PACER
68

OPINION AND ORDER, denying 62 MOTION for Judgment on the Pleadings filed by Alabama Department of Mental Health and Mental Retardation,, Kathy Sawyer,, Bob Riley; In accordance with the Court's ruling, it is further Ordered that the parties shall file by 7/7/06 a joint status report under the same conditions as prescribed in the Court's order doc. 48 of 7/8/05; Status Report due by 7/7/2006. Signed by Judge Mark E. Fuller on 6/23/06. (Attachments: # 1 appeals checklist)(vma, ) (Entered: 06/23/2006)

1 appeals checklist

View on PACER

June 23, 2006

June 23, 2006

RECAP
70

SEALED DOCUMENT - Joint Status Report of the Parties - Sealed per order of 6/23/06 - doc. 68 . (vma, ) (Entered: 07/10/2006)

July 7, 2006

July 7, 2006

PACER
69

MOTION for Certification by Kathy Sawyer, Alabama Department of Mental Health and Mental Retardation, Bob Riley. (Park, John) (Entered: 07/07/2006)

July 7, 2006

July 7, 2006

PACER
71

ORDER TO SHOW CAUSE as to why 69 Motion for Certification filed by Alabama Department of Mental Health and Mental Retardation,, Kathy Sawyer,, Bob Riley, should not be granted. Show Cause Response due by 7/24/2006. Signed by Judge Mark E. Fuller on 7/10/06. (vma, ) (Entered: 07/10/2006)

July 10, 2006

July 10, 2006

PACER
72

RESPONSE to Motion re 69 MOTION for Certification Plaintiff's Response to Defendants' Extraordinary Motion For Certication for Interlocutory Appeal filed by Susan J.. (Tucker, James) (Entered: 07/24/2006)

July 24, 2006

July 24, 2006

PACER
73

NOTICE of Appearance by Misty S. Fairbanks on behalf of Kathy Sawyer, Alabama Department of Mental Health and Mental Retardation, Bob Riley (Fairbanks, Misty) (Entered: 08/08/2006)

Aug. 8, 2006

Aug. 8, 2006

PACER
74

MOTION for Lauren Wilson-Carr to Withdraw as Attorney by Susan J.. (Wilson-Carr, Lauren) Modified on 8/11/2006 - to add Atty Lauren Wilson-Carr to text(vma, ). (Entered: 08/10/2006)

Aug. 10, 2006

Aug. 10, 2006

PACER

*** Attorney Lauren Wilson-Carr terminated - per order of 8/11/06 - doc. 75 . (No PDF attached)(vma, )

Aug. 11, 2006

Aug. 11, 2006

PACER
75

ORDER granting 74 Motion for Lauren Wilson-Carr to Withdraw as Attorney for plaintiffs . Signed by Judge Mark E. Fuller on 8/11/06. (vma, ) (Entered: 08/11/2006)

Aug. 11, 2006

Aug. 11, 2006

PACER

NOTICE of Docket Text Correction re 74 MOTION to Withdraw as Attorney - Modified on 8/11/2006 - to add Atty Lauren Wilson-Carr to text. (No PDF attached to this notice)(vma, )

Aug. 11, 2006

Aug. 11, 2006

PACER
76

ORDER denying 69 MOTION for Certification . Signed by Judge Mark E. Fuller on 9/13/06. (vma, ) (Entered: 09/13/2006)

Sept. 13, 2006

Sept. 13, 2006

PACER

Due to the retirement of Judge Vanzetta P. McPherson this case has been reassigned to Judge Wallace Capel, Jr. as referral judge (NO PDF document attached to this notice.)(djy, )

Nov. 29, 2006

Nov. 29, 2006

PACER
77

ORDER Setting Scheduling Conference for 12/19/2006 02:00 PM in chambers before Hon. Chief Judge Mark E. Fuller. Signed by Judge Mark E. Fuller on 12/1/06. (furn: yg hc kg)(vma, ) (Entered: 12/01/2006)

Dec. 1, 2006

Dec. 1, 2006

PACER

Minute Entry for proceedings held before Judge Mark E. Fuller : Status Conference held on 12/19/2006. [no pdf attached]. (kcg, )

Dec. 19, 2006

Dec. 19, 2006

PACER

Case Details

State / Territory: Alabama

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Olmstead Cases

Multi-LexSum (in sample)

Key Dates

Filing Date: July 12, 2000

Closing Date: 2009

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Developmentally disabled Alabama residents eligible for Medicaid services put indefinitely on wait list for community based services.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

NDRN/Protection & Advocacy Organizations

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Alabama Department of Mental Health and Mental Retardation, State

Case Details

Causes of Action:

42 U.S.C. § 1983

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Due Process

Available Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Order Duration: 2009 - 0

Issues

General:

Classification / placement

Deinstitutionalization/decarceration

Discrimination-basis:

Disability (inc. reasonable accommodations)

Benefit Source:

Medicaid