Case: Townsend v. Quasim

2:00-cv-00944 | U.S. District Court for the Western District of Washington

Filed Date: May 31, 2000

Closed Date: 2006

Clearinghouse coding complete

Case Summary

On May 31, 2000, Washington residents with disabilities filed a lawsuit under the Americans with Disabilities Act against the Secretary of the State of Washington Department of Social and Health Services (DSHS) in the United States District Court for the Western District of Washington. Plaintiffs, represented by private counsel, asked the Court for declaratory and injunctive relief, claiming that Washington state's current provisions for the medically need violate the ADA.On January 31, 2001, …

On May 31, 2000, Washington residents with disabilities filed a lawsuit under the Americans with Disabilities Act against the Secretary of the State of Washington Department of Social and Health Services (DSHS) in the United States District Court for the Western District of Washington. Plaintiffs, represented by private counsel, asked the Court for declaratory and injunctive relief, claiming that Washington state's current provisions for the medically need violate the ADA.

On January 31, 2001, the Court (Judge Thomas S. Zilly) entered a stipulation and order regarding the definition of the class. The class was defined as follows: Washington residents who are or will be (1) individuals with a disability within the meaning of 42 U.S.C. § 12102(2)(A); (2) eligible under the State Medicaid Plan for nursing facility care; and (3) eligible for COPES Medicaid waiver services but for having income that exceeds the categorically needy income limit (300% of the Supplemental Security Income federal benefit rate).

The Court granted Defendants' motion for summary judgment on June 20, 2001, concluding that Defendants had not violated the ADA because Plaintiffs were excluded from public programming based on their income and not on their disability. Townsend v. Quasim, 163 F. Supp. 2d 1281 (W.D. Wash. 2001).

The Ninth Circuit Court of Appeals reversed the District Court's grant of summary judgment for the Secretary of Washington's Department of Social and Health Services on May 1, 2003. Townsend v. Quasim, 328 F.3d 511 (9th Cir. 2003). The Court found that the Secretary's refusal to offer community-based in-home nursing services to some disabled persons may violated the ADA.

On January 21, 2004, the parties came to a preliminary agreement, and the Court stayed proceedings for two years. Defendants agreed to a number of things, including: Defendant agreed to provide community-based and in-home long-term care services to class members; Defendant would continue to provide for 600 class members to receive long-term care services in community-based settings and would implement long-term in-home care services for 200 class members; and, Defendant would pay Plaintiffs' counsel $175,000 in attorneys' fees and costs.

The parties submitted a joint status report and a stipulation for dismissal without prejudice on June 30, 2006. There has been no further action in the case.

Summary Authors

Haley Waller (4/30/2011)

People


Judge(s)

Beezer, Robert R. (Washington)

Berzon, Marsha Siegel (California)

Gould, Ronald Murray (Washington)

Attorney for Plaintiff

Ford, Timothy D. (Washington)

Frank, Katrin E. (Washington)

Attorney for Defendant
Judge(s)

Beezer, Robert R. (Washington)

Berzon, Marsha Siegel (California)

Gould, Ronald Murray (Washington)

Zilly, Thomas Samuel (Washington)

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Documents in the Clearinghouse

Document

2:00-cv-00944

Docket

June 30, 2006

June 30, 2006

Docket
45

2:00-cv-00944

STIPULATION AND ORDER RE DEFINITION OF CLASS

Jan. 31, 2001

Jan. 31, 2001

Order/Opinion
76

2:00-cv-00944

ORDER

June 20, 2001

June 20, 2001

Order/Opinion

163 F.Supp.2d 163

78

2:00-cv-00944

Decision by Court

July 10, 2001

July 10, 2001

Order/Opinion

2:00-cv-00944

01-35689

PLA1NTIFF-APPELLANT'S REPLY BRIEF

U.S. Court of Appeals for the Ninth Circuit

Jan. 23, 2002

Jan. 23, 2002

Pleading / Motion / Brief

2:00-cv-00944

OPINION

U.S. Court of Appeals for the Ninth Circuit

May 1, 2003

May 1, 2003

Order/Opinion

328 F.3d 328

90

2:00-cv-00944

STIPULATED AGREEMENT AND ORDER STAYING PROCEEDINGS

Jan. 21, 2004

Jan. 21, 2004

Order/Opinion
92

2:00-cv-00944

JOINT STATUS REPORT

June 23, 2004

June 23, 2004

Pleading / Motion / Brief
101

2:00-cv-00944

JOINT STATUS REPORT AND STIPULATION FOR ORDER OF DISMISSAL WITHOUT PREJUDICE

Townsend v. Arnold-Williams

June 30, 2006

June 30, 2006

Pleading / Motion / Brief

Docket

Last updated Feb. 23, 2024, 4:44 a.m.

ECF Number Description Date Link Date / Link
1

NOTICE of petition for REMOVAL by defendant from King Cty Sup Ct, Case Number: 00−2−11158−4 SEA Receipt No. 500071 (PM) (Entered: 06/06/2000)

May 31, 2000

May 31, 2000

2

ANSWER to complaint [1−2] by defendant Lyle Quasim (CL) (Entered: 06/13/2000)

June 7, 2000

June 7, 2000

3

SUPPLEMENTATION OF STATE COURT RECORD by defendant Lyle Quasim (CL) (Entered: 06/13/2000)

June 7, 2000

June 7, 2000

4

MAIL RETURNED: re letter to cnsl on removal; addressed to Alan Smith. Re−mailed to correct address. (PM) Modified on 06/23/2000 (Entered: 06/16/2000)

June 14, 2000

June 14, 2000

5

ORDER re: DISCOVERY and DEPOSITIONS by Judge Thomas S. Zilly (cc: counsel, Judge) (TG) (Entered: 07/11/2000)

July 11, 2000

July 11, 2000

6

ORDER/NOTICE OF JOINT STATUS REPORT Joint Status Report due 8/18/00 (cc: counsel, Judge) (TG) (Entered: 07/11/2000)

July 11, 2000

July 11, 2000

7

MOTION by plaintiff for class certification NOTED FOR 8/18/00 (KERR) (Entered: 08/03/2000)

Aug. 2, 2000

Aug. 2, 2000

8

DECLARATION of Andrea Brenneke by plaintiff re motion for class certification [7−1] (KERR) (Entered: 08/03/2000)

Aug. 2, 2000

Aug. 2, 2000

9

DECLARATION of Adonaca Moore by plaintiff re motion for class certification [7−1] (KERR) (Entered: 08/03/2000)

Aug. 2, 2000

Aug. 2, 2000

10

DECLARATION of Abron Moore by plaintiff re motion for class certification [7−1] (KERR) (Entered: 08/03/2000)

Aug. 2, 2000

Aug. 2, 2000

11

DECLARATION of Beverly Edwards by plaintiff re motion for class certification [7−1] (KERR) (Entered: 08/03/2000)

Aug. 2, 2000

Aug. 2, 2000

12

DECLARATION of Joanne Morrow by plaintiff re motion for class certification [7−1] (KERR) (Entered: 08/03/2000)

Aug. 2, 2000

Aug. 2, 2000

13

DECLARATION of Brad Lampman by plaintiff re motion for class certification [7−1] (KERR) (Entered: 08/03/2000)

Aug. 2, 2000

Aug. 2, 2000

LODGED ORDER: re: motion for class certification [7−1] (KERR) (Entered: 08/03/2000)

Aug. 2, 2000

Aug. 2, 2000

15

AFFIDAVIT OF SERVICE by plaintiff of motion for class certification [7−1] etc (KERR) (Entered: 08/03/2000)

Aug. 2, 2000

Aug. 2, 2000

16

PRAECIPE: by plaintiff re: please supplement the motion for class certification [7−1] w/ the decl of Terra McCaffree and decl of Richard Einar (KERR) (Entered: 08/14/2000)

Aug. 9, 2000

Aug. 9, 2000

17

DECLARATION of Terra McCaffree by plaintiff re motion for class certification [7−1] (KERR) (Entered: 08/14/2000)

Aug. 9, 2000

Aug. 9, 2000

18

DECLARATION of Richard M Einar by plaintiff re motion for class certification [7−1] (KERR) (Entered: 08/14/2000)

Aug. 9, 2000

Aug. 9, 2000

19

AFFIDAVIT OF SERVICE by plaintiff of praecipe [16−1] etc (KERR) (Entered: 08/14/2000)

Aug. 9, 2000

Aug. 9, 2000

20

MEMORANDUM by defendant in opposition to motion for class certification [7−1] (MD) (Entered: 08/18/2000)

Aug. 14, 2000

Aug. 14, 2000

21

DECLARATION of Bill Moss re: memorandum [20−1] (MD) (Entered: 08/18/2000)

Aug. 14, 2000

Aug. 14, 2000

22

DECLARATION of Lorrie Mahar re: memorandum [20−1] (MD) (Entered: 08/18/2000)

Aug. 14, 2000

Aug. 14, 2000

23

REPLY by plaintiff TO RESPONSE to motion for class certification [7−1] (VK) (Entered: 08/21/2000)

Aug. 17, 2000

Aug. 17, 2000

24

DECLARATION of Katrin E. Frank by plaintiff re: motion reply [23−1] (VK) (Entered: 08/21/2000)

Aug. 17, 2000

Aug. 17, 2000

25

Second DECLARATION of Terra McCaffree by plaintiff re: motion reply [23−1] (VK) (Entered: 08/21/2000)

Aug. 17, 2000

Aug. 17, 2000

26

AFFIDAVIT OF SERVICE by plaintiff of motion reply [23−1] etc. (VK) (Entered: 08/21/2000)

Aug. 17, 2000

Aug. 17, 2000

27

JOINT STATUS REPORT filed by all parties. Est. Trial Days: 5 (CL) (Entered: 08/22/2000)

Aug. 18, 2000

Aug. 18, 2000

28

MOTION by defendant Lyle Quasim to strike declrs in support of pltf's mtn for class certif. NOTED FOR 9/8/00 (CL) (Entered: 08/23/2000)

Aug. 23, 2000

Aug. 23, 2000

29

MEMORANDUM by defendant Lyle Quasim in support of motion to strike declrs in support of pltf's mtn for class certif. [28−1] (CL) (Entered: 08/23/2000)

Aug. 23, 2000

Aug. 23, 2000

LODGED ORDER: re: motion to strike declrs in support of pltf's mtn for class certif. [28−1] (CL) (Entered: 08/23/2000)

Aug. 23, 2000

Aug. 23, 2000

30

MOTION by defendant Lyle Quasim to shorten time on motion to strike declrs in support of pltf's mtn for class certif. [28−1] NOTED FOR 8/25/00 (CL) (Entered: 08/23/2000)

Aug. 23, 2000

Aug. 23, 2000

31

DECLARATION of Alan Smith by defendant Lyle Quasim n support of motion to shorten time on motion to strike declrs in support of pltf's mtn for class certif. [28−1] [30−1] (CL) (Entered: 08/23/2000)

Aug. 23, 2000

Aug. 23, 2000

LODGED ORDER: re: motion to shorten time on motion to strike declrs in support of pltf's mtn for class certif. [28−1] [30−1] (CL) (Entered: 08/23/2000)

Aug. 23, 2000

Aug. 23, 2000

32

RESPONSE by plaintiff to motion to strike declrs in support of pltf's mtn for class certif. [28−1] (KERR) (Entered: 08/28/2000)

Aug. 25, 2000

Aug. 25, 2000

33

DECLARATION of Katrin Frank by plaintiff re: motion response [32−1] (KERR) (Entered: 08/28/2000)

Aug. 25, 2000

Aug. 25, 2000

35

REPLY by defendant TO RESPONSE to motion to strike declrs in support of pltf's mtn for class certif. [28−1] (KERR) (Entered: 08/29/2000)

Aug. 28, 2000

Aug. 28, 2000

36

DECLARATION of Alan Smith by defendant re: motion reply [35−1] (KERR) (Entered: 08/29/2000)

Aug. 28, 2000

Aug. 28, 2000

37

MINUTE ORDER is made by direction of the Court, the Honorable Thomas S. Zilly, US District Judge. The Court DENIES dft's motion to shorten time on motion to strike declrs in support of mtn for class certif. [28−1] [30−1]. The Court will consider dft's underlying mtn to strike declarations (docket #28) contemporaneously with mtn for class certification. RENOTED FOR 9/8/00 motion for class certification [7−1] (cc: counsel, Judge) (CL) (Entered: 08/30/2000)

Aug. 30, 2000

Aug. 30, 2000

38

ORDER REGARDING SCHEDULING AND OTHER PRETRIAL MATTERS by Judge Thomas S. Zilly ; discovery ddl set 6/19/01 ; mtn filing ddl set 6/21/01 ; pretrial order ddl set 8/29/01 ; pretrial conf set 8/31/01 ; trial brief ddl set 9/12/01 ; trial set 9/17/01 , Motions in Limine deadline 8/16/01 ; Deadline to Join Additional Parties is 12/31/00 ; Disclose Expert Witnesses by 4/20/01 ; Disclose Rebuttal Expert Witnesses by 5/21/01; estimated length of trial 4−5 days. (cc: counsel, Judge) (CL) (Entered: 09/06/2000)

Aug. 31, 2000

Aug. 31, 2000

39

ORDER DESIGNATING CASE FOR MEDIATION by Judge Thomas S. Zilly. Mediation will be completed within 60 days after completion of discovery. (cc: counsel, Judge) (CL) (Entered: 09/06/2000)

Aug. 31, 2000

Aug. 31, 2000

40

MINUTE ORDER is made by direction of the Court, the Honorable Thomas S. Zilly, US District Judge. The Court hereby GRANTS dft's request to file a sur−reply with respect to the additional declarations presented with pltf's mtn for class certification, docket #23. The sur−reply shall be filed with the Court by 9/22/00, and shall not exceed (6) pages. Pltf's mtn to certify class, docket #7, is RENOTED for 9/22/00. (cc: counsel, Judge,) (CL) (Entered: 09/13/2000)

Sept. 12, 2000

Sept. 12, 2000

41

SUR−REPLY by defendant Lyle Quasim re: on deft's answer to motion for class certification [7−1] (MD) (Entered: 09/25/2000)

Sept. 22, 2000

Sept. 22, 2000

42

DECLARATION of Penny Black re: reply [41−1] (MD) (Entered: 09/25/2000)

Sept. 22, 2000

Sept. 22, 2000

44

NOTICE by defendant Lyle Quasim of ASSOCIATION OF ATTORNEY David R Goodnight w/Alan Smith (MD) (Entered: 10/24/2000)

Oct. 19, 2000

Oct. 19, 2000

43

MINUTES of oral argument: TSZ; Dep Clerk: CC; CR: Sue Palmerton; Counsel K. Frank, A. Smith, R. Latsinova; GRANTING motion to strike declrs in support of pltf's mtn for class certif. [28−1]; GRANTING motion for class certification [7−1]; court directs counsel to draft order re class (VK) (Entered: 10/24/2000)

Oct. 20, 2000

Oct. 20, 2000

LODGED ORDER: stipulation and order re: definition of class (MD) (Entered: 01/29/2001)

Jan. 29, 2001

Jan. 29, 2001

45

STIPULATION and ORDER by Judge Thomas S. Zilly re: definition of class (cc: counsel, Judge) (MD) (Entered: 02/01/2001)

Jan. 31, 2001

Jan. 31, 2001

46

MOTION and memorandum by defendant to stay discovery noted for 3/23/01 (MD) (Entered: 03/09/2001)

March 8, 2001

March 8, 2001

47

DECLARATION of Alan Smith re motion to stay discovery [46−1] (MD) (Entered: 03/09/2001)

March 8, 2001

March 8, 2001

LODGED ORDER: re: motion to stay discovery [46−1] (MD) (Entered: 03/09/2001)

March 8, 2001

March 8, 2001

48

MOTION and memorandum by defendant for summary judgment, Oral argument requested NOTED FOR 3/30/01 (MD) (Entered: 03/09/2001)

March 8, 2001

March 8, 2001

49

DECLARATION of Alan Smith re motion for summary judgment, Oral argument requested [48−1] (MD) (Entered: 03/09/2001)

March 8, 2001

March 8, 2001

LODGED ORDER: re: motion for summary judgment, Oral argument requested [48−1] (MD) (Entered: 03/09/2001)

March 8, 2001

March 8, 2001

51

RESPONSE by plaintiff to deft's motion to stay discovery [46−1] (MD) (Entered: 03/20/2001)

March 19, 2001

March 19, 2001

52

AFFIDAVIT OF SERVICE OF DEPOSITION SUBPOENA of Katrin E. Frank on 3/14/01 (MD) (Entered: 03/22/2001)

March 21, 2001

March 21, 2001

53

REPLY by defendant's re: motion to stay discovery [46−1] (MD) (Entered: 03/26/2001)

March 22, 2001

March 22, 2001

54

DECLARATION (second) of Alan Smith re: reply [53−1] (MD) (Entered: 03/26/2001)

March 22, 2001

March 22, 2001

55

RESPONSE by plaintiff to deft's motion for summary judgment, Oral argument requested [48−1] (MD) (Entered: 03/28/2001)

March 26, 2001

March 26, 2001

56

DECLARATION of Andrea Brenneke re: motion response [55−1]w/attachments (MD) (Entered: 03/28/2001)

March 26, 2001

March 26, 2001

57

AFFIDAVIT OF SERVICE by plaintiff of motion response [55−1] (MD) (Entered: 03/28/2001)

March 26, 2001

March 26, 2001

58

PRAECIPE: by plaintiff to subst pages 20 &21 re: motion response [55−1] (MD) (Entered: 03/30/2001)

March 29, 2001

March 29, 2001

59

REPLY by defendant Lyle Quasim re: on deft's motion for sj, oral argument requested [48−1] (MD) (Entered: 04/02/2001)

March 29, 2001

March 29, 2001

60

EXPERT WITNESS DISCLOSED by defendant Lyle Quasim (CL) (Entered: 04/24/2001)

April 23, 2001

April 23, 2001

61

MINUTE ORDER: by Judge Thomas S. Zilly RE−NOTED FOR 5/23/01 motion for summary judgment, Oral argument requested [48−1], DENYING motion to stay discovery until the motion for sj is decided. [46−1] Oral hrg set for 10:00 5/23/01 re: motion for sj (cc: counsel, Judge) (MD) (Entered: 04/26/2001)

April 26, 2001

April 26, 2001

62

LETTER from Katrin Frank confirm oral argument on sj cont to 5/22/01 at 1:30 p.m. (MD) (Entered: 05/01/2001)

May 1, 2001

May 1, 2001

63

SUPPLEMENTAL Disclosure by defendant Lyle Quasim re: witness expert [60−1] (VB) (Entered: 05/10/2001)

May 9, 2001

May 9, 2001

64

SUBMISSION SUPPLEMENTAL AUTHORITY by defendant re motion for summary judgment, Oral argument requested [48−1] (MD) (Entered: 05/18/2001)

May 18, 2001

May 18, 2001

65

MINUTES: TSZ; Dep Clerk: Elva; CR: Caroline Castle; Pla Counsel Katrin Frank; Def Counsel Rita Latsinova/Alan Smith. Oral argument on defts motion for sj and court takes under submission. Discovery ddl extended to 7/20/01 (MD) (Entered: 05/23/2001)

May 22, 2001

May 22, 2001

66

MOTION AND MEMORANDUM IN SUPPORT by plaintiffs for leave to file amd complaint NOTED FOR 6/15/01 (KERR) (Entered: 05/30/2001)

May 30, 2001

May 30, 2001

LODGED ORDER: re: motion for leave to file amd complaint [66−1] (KERR) (Entered: 05/30/2001)

May 30, 2001

May 30, 2001

67

MOTION by plaintiff to shorten time on motion for leave to file amd complaint [66−1] NOTED FOR 6/1/01 (KERR) (Entered: 05/30/2001)

May 30, 2001

May 30, 2001

68

CERTIFIED STATEMENT OF KATRIN FRANK by plaintiff in support of motion to shorten time on motion for leave to file amd complaint [66−1] [67−1] (KERR) (Entered: 05/30/2001)

May 30, 2001

May 30, 2001

LODGED ORDER: re: motion to shorten time on motion for leave to file amd complaint [66−1] [67−1] (KERR) (Entered: 05/30/2001)

May 30, 2001

May 30, 2001

70

MEMORANDUM by defendant in opposition to pltfs' motion for leave to file amd complaint [66−1] (MD) (Entered: 06/05/2001)

June 4, 2001

June 4, 2001

71

REPLY by plaintiff re: in support of their motion for leave to file amended complaint [66−1] (MD) (Entered: 06/11/2001)

June 8, 2001

June 8, 2001

72

STATEMENT (certified) of Katrin E. Frank in support of pltfs' re: reply [71−1] (MD) (Entered: 06/11/2001)

June 8, 2001

June 8, 2001

73

AFFIDAVIT OF SERVICE by plaintiff Levi Townsend of reply [71−1] (MD) (Entered: 06/11/2001)

June 8, 2001

June 8, 2001

74

MINUTE ORDER: by Judge Thomas S. Zilly GRANTING pltf's unopposed motion to shorten time on motion for leave to file amd complaint [66−1] [67−1], GRANTING pltf's motion for leave to file amd complaint [66−1] (cc: counsel, Judge) (MD) (Entered: 06/18/2001)

June 15, 2001

June 15, 2001

77

AMENDED COMPLAINT [1−2] by plaintiff Levi Townsend (MD) (Entered: 06/21/2001)

June 15, 2001

June 15, 2001

75

ORDER by Judge Thomas S. Zilly GRANTING pltfs' motion for leave to file amd complaint [66−1] (cc: counsel, Judge) (MD) (Entered: 06/19/2001)

June 18, 2001

June 18, 2001

76

ORDER by Judge Thomas S. Zilly GRANTING Deft's motion for summary judgment [48−1] (cc: counsel, Judge) (MD) (Entered: 06/21/2001)

June 20, 2001

June 20, 2001

78

JUDGMENT: by Judge Thomas S. Zilly, Court grants the deft's motion for sj and this action is hereby dismissed with prejudice. (cc: counsel, Judge, Jgm. Book) Entered on: 7/11/01 (MD) (Entered: 07/11/2001)

July 10, 2001

July 10, 2001

79

TRANSCRIPT of proceedings for the following date(s): 05/22/01 (Re: Deft's Motion for Summary Judgment) CR initials: C. Castle (SA) (Entered: 07/11/2001)

July 11, 2001

July 11, 2001

80

NOTICE OF APPEAL by plaintiff Levi Townsend from Dist. Court decision [76−1], [78−1] (cc: CCA, Judge, counsel) (SA) (Entered: 07/23/2001)

July 18, 2001

July 18, 2001

APPEAL FEE RECEIVED: Appellant paid fee in the amount of $105.00 (Receipt #601383) (SA) (Entered: 07/23/2001)

July 18, 2001

July 18, 2001

Civil Appeals Docketing Statement, by plaintiff Levi Townsend , forwarded to the Mediator's Office in Seattle. [80−1] (SA) (Entered: 07/23/2001)

July 23, 2001

July 23, 2001

APPEAL NOTIFICATION packet sent to CCA (cc: cnsl) (SA) (Entered: 07/23/2001)

July 23, 2001

July 23, 2001

NOTIFICATION by Circuit Court of Appellate Docket Number 01−35689 (SA) (Entered: 08/09/2001)

July 23, 2001

July 23, 2001

81

TIME SCHEDULE ORDER (CCA 01−35689) Appellant notify appellee of trans. ordered by 7/30/01; appellee notify appellant of additional trans. by 8/7/01 ; appellant file trans with district court 8/17/01; Court Reporter file trans. 9/17/01; Appellant opening brief due 11/5/01; Appellee brief due 12/3/01; Reply brief due w/in 14 days of service of appellee brief(cc:CR) (SA) (Entered: 08/09/2001)

July 25, 2001

July 25, 2001

82

TRANSCRIPT DESIGNATION and Ordering Form for dates: 5/22/01 [80−1](filed by Katrin Frank) (SA) (Entered: 08/10/2001)

Aug. 9, 2001

Aug. 9, 2001

CERTIFICATE OF RECORD Transmitted to USCA (cc: all counsel) (SA) (Entered: 08/10/2001)

Aug. 10, 2001

Aug. 10, 2001

CLERK'S RECORD ON APPEAL transmitted to Circuit (4 vol.) (SA) (Entered: 08/05/2002)

Aug. 5, 2002

Aug. 5, 2002

83

MANDATE of USCA as to 80 Notice of Appeal filed by Levi Townsend case REVERSED and REMANDED back to the district court. (cc: counsel, TSZ) (SA, ) (Entered: 06/25/2003)

June 20, 2003

June 20, 2003

85

MINUTE ORDER is made by direction of the Court, the Honorable Thomas S. Zilly.In−chambers Status Conference set for 10/2/2003 03:00 PM before Hon. Thomas S. Zilly. (CL, ) (Entered: 09/24/2003)

Sept. 22, 2003

Sept. 22, 2003

86

MINUTE ENTRY for proceedings held before Judge Thomas S. Zilly − Dep Clerk: KC ; Pla Counsel: Katrin Frank, Andrea Brenneke ; Def Counsel: Alan Smith, William Williams ; Status Conference held on 10/2/2003. The Court hears from counsel re facts of the case. The following deadlines are set: Defendant's supplemental written discovery − Dec. 2, 2003. Disclosure of defendant's expert witnesses − Jan. 16, 2004. Disclosure of plaintiffs' rebuttal witnesses − April 16, 2004. Discovery cutoff − June 1, 2004. Last day for filing dispositive motions − June 18, 2004. Last day for settlement mediation − July 30, 2004. TRIAL − SEPTEMBER 27, 2004. The parties are directed to decide who the new class representative is within 60 days of this date. (CC,counsel) (Entered: 10/08/2003)

Oct. 2, 2003

Oct. 2, 2003

Set/Reset Trial Date and Related Deadlines: Jury Trial set for/will resume 9/27/2004 before Hon. Thomas S. Zilly. Discovery due by 6/1/2004; Dispositive motions due by 6/18/2004; 39.1 Settlement Report due by 7/30/2004, as per Minutes/docket #86 (CL, ) (Entered: 10/10/2003)

Oct. 2, 2003

Oct. 2, 2003

87

NOTICE OF WITHDRAWAL OF COUNSEL: Attorney Margarita V Latsinova for for dft. (CL, ) Modified on 10/9/2003 (CL, ). (Entered: 10/09/2003)

Oct. 3, 2003

Oct. 3, 2003

88

NOTICE OF WITHDRAWAL OF COUNSEL: Attorney David R Goodnight for Defendant Lyle Quasim. (CL, ) (Entered: 10/16/2003)

Oct. 9, 2003

Oct. 9, 2003

89

MINUTE ENTRY for proceedings held before Judge Thomas S. Zilly − Dep Clerk: KC ; Pla Counsel: Kay Frank ; Def Counsel: Allan Smith ; Telephone Conference held on 11/26/2003. The Court continues all short−term deadlines to January 16, 1004. (CC,counsel) (Entered: 11/26/2003)

Nov. 26, 2003

Nov. 26, 2003

90

STIPULATED AGREEMENT AND ORDER STAYING CASE by Judge Thomas S. Zilly. Within 30 days of the entry of this Order, the dft shall pay pltfs' reasonable attorney fees and costs through January 16, 2004, in the amount of $175,000.00.(CL, ) (Entered: 01/22/2004)

Jan. 21, 2004

Jan. 21, 2004

Case Details

State / Territory: Washington

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Olmstead Cases

Key Dates

Filing Date: May 31, 2000

Closing Date: 2006

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Washington state residents with disabilities

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Secretary of the State of Washington Department of Social and Health Services, State

Case Details

Causes of Action:

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Available Documents:

Trial Court Docket

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Issues

Benefit Source:

Medicaid