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Case Name Jones v. Arnold PB-FL-0012
Docket / Court 3:09-cv-01170-MMH-JRK ( M.D. Fla. )
State/Territory Florida
Case Type(s) Disability Rights-Pub. Accom.
Public Benefits / Government Services
Special Collection Olmstead Cases
Attorney Organization Steve Gold
Case Summary
The plaintiff in this case, Jacqueline Jones, has quadriplegia as a result of a spinal cord injury and requires assistance in carrying out daily life activities due to her mobility impairment. For many years, her parents were able to care for her, but as they approach old age they no longer have ... read more >
The plaintiff in this case, Jacqueline Jones, has quadriplegia as a result of a spinal cord injury and requires assistance in carrying out daily life activities due to her mobility impairment. For many years, her parents were able to care for her, but as they approach old age they no longer have the physical capacity to do so. Ms. Jones was on the waitlist for Traumatic Brain Injury/Spinal Cord Injury (TBI/SCI) Medicaid waiver for several years. In 2009, the state conducted an assessment interview of Ms. Jones in which they determined that she was at risk for imminent placement in a nursing facility, it could not provide her with services. On December 2, 2009, Ms. Jones filed a complaint in the U.S. District Court for the Middle District of Florida alleging that the failure to provide services to allow her to remain in the community violates the Americans with Disabilities Act and Section 504 of the Rehabilitation Act of 1973. She filed an accompanying motion for preliminary injunction.

A few weeks later, the Defendants filed a motion to dismiss the action as moot, as they began the process of providing Ms. Jones with waiver services. The court then postponed hearing Ms. Jones' motion for preliminary injunction, but did not dismiss the case immediately. In early January 2013, Jones filed a motion for class certification, as she sought to represent all individuals on the TBI/SCI waitlist. Before the court resolved the class certification motion, similarly situated plaintiff (and potential class representative) Michele Haddad filed a motion for a preliminary injunction. Discovery continued as the timeline on these motions was extended and multiple briefs were filed. The Court (Judge Marcia Morales Howard) denied Haddad's motion on May 7, 2010, because no class had been certified and Haddad therefore could not represent herself or others in Jones' case. (Haddad later filed a separate action. See Haddad v. Arnold).

The United States (DOJ) filed a motion to intervene in the case, seeking to represent the interests of individuals in Florida who are on the waitlist for services under the TBI/SCI Medicaid waiver. But because Ms. Jones had began receiving services, she stipulated to a voluntary dismissal and the case was closed in January 2011. The DOJ motion to intervene was not considered.

Beth Kurtz - 12/08/2012


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Issues and Causes of Action
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Issues
Benefit Source
Medicaid
Defendant-type
Jurisdiction-wide
Disability
Integrated setting
Least restrictive environment
Mobility impairment
Discrimination-basis
Disability (inc. reasonable accommodations)
General
Deinstitutionalization/decarceration
Public benefits (includes, e.g., in-state tuition, govt. jobs)
Wait lists
Plaintiff Type
Private Plaintiff
Causes of Action Americans with Disabilities Act (ADA), 42 U.S.C. ยงยง 12111 et seq.
Defendant(s) Florida Agency for Health Care Administration
Florida Department of Health
Plaintiff Description Jacqueline Jones had quadriplegia and requires assistance carrying out daily life activities.
Indexed Lawyer Organizations Steve Gold
Class action status sought Yes
Class action status granted No
Prevailing Party Plaintiff
Public Int. Lawyer No
Nature of Relief
Source of Relief Unknown
Form of Settlement Voluntary Dismissal
Order Duration not on record
Case Closing Year 2011
Case Ongoing No
Docket(s)
3:09−cv−01170 (M.D. Fla.) 01/03/2011
PB-FL-0012-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 12/02/2009
PB-FL-0012-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Plaintiff Jacqueline Jones' Motion for Preliminary Injunction and Expedited Hearing and Memorandum in Support 12/02/2009
PB-FL-0012-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Plaintiff Jacqueline Jones' Memorandum of Law in Support of her Motion for Preliminary Injunction 12/02/2009
PB-FL-0012-0003.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Defendants' Motion to Dismiss Amended Complaint 12/29/2009
PB-FL-0012-0004.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Motion for Class Certification 01/06/2010
PB-FL-0012-0005.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Memorandum of Law in Support of Plaintiff's Motion for Class Certification 01/06/2010
PB-FL-0012-0006.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Plaintiff's Memorandum of Law in Opposition to Defendants' Motion to Dismiss 01/13/2010
PB-FL-0012-0008.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Defendants' Response and Memorandum of Law in Opposition to Plaintiffs' Motion for Class Certification 01/20/2010
PB-FL-0012-0007.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order Denying Motion for Preliminary Injunction as Moot 03/22/2010 (M.D. Fla.)
PB-FL-0012-0009.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Plaintiff Michelle Haddad's Motion for Preliminary Injunction, Expedited Hearing, and Memorandum of Law in Support 04/15/2010
PB-FL-0012-0010.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Plaintiff Michelle Haddad's Declaration in Support of Her Motion for Preliminary Injunction 04/15/2010
PB-FL-0012-0011.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Defendants' Response and Memorandum of Law in Opposition to Michelle Haddad's Motion for Preliminary Injunction 04/30/2010
PB-FL-0012-0012.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order 05/07/2010 (M.D. Fla.)
PB-FL-0012-0013.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
United States' Motion to Intervene 09/10/2010
PB-FL-0012-0014.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
United States' Complaint in Intervention 09/10/2010
PB-FL-0012-0015.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Defendants' Response and Memorandum of Law in Opposition to the United States Motion to Intervene 10/07/2010
PB-FL-0012-0016.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Stipulation of Dismissal of Class Action Without Prejudice 12/30/2010
PB-FL-0012-0017.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order of Dismissal 01/03/2011 (M.D. Fla.)
PB-FL-0012-0018.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Howard, Marcia Morales (M.D. Fla.) [Magistrate]
PB-FL-0012-0009 | PB-FL-0012-0013 | PB-FL-0012-0018 | PB-FL-0012-9000
Klindt, James R. (M.D. Fla.) [Magistrate]
PB-FL-0012-9000
Monitors/Masters None on record
Plaintiff's Lawyers Bagenstos, Samuel R. (District of Columbia)
PB-FL-0012-0014 | PB-FL-0012-0015 | PB-FL-0012-9000
Breen, Philip L. (District of Columbia)
PB-FL-0012-0014 | PB-FL-0012-0015 | PB-FL-0012-9000
Gold, Stephen F. (Pennsylvania)
PB-FL-0012-0001 | PB-FL-0012-0002 | PB-FL-0012-0003 | PB-FL-0012-0005 | PB-FL-0012-0006 | PB-FL-0012-0008 | PB-FL-0012-0010 | PB-FL-0012-0017 | PB-FL-0012-9000
Holder, Eric H. Jr. (District of Columbia)
PB-FL-0012-0015
Howanitz, Jay M. (Florida)
PB-FL-0012-0001 | PB-FL-0012-0002 | PB-FL-0012-0003 | PB-FL-0012-0005 | PB-FL-0012-0006 | PB-FL-0012-0008 | PB-FL-0012-0010 | PB-FL-0012-0017 | PB-FL-0012-9000
Perez, Thomas E. (District of Columbia)
PB-FL-0012-0014 | PB-FL-0012-0015 | PB-FL-0012-9000
Raish, Anne (District of Columbia)
PB-FL-0012-0014 | PB-FL-0012-0015 | PB-FL-0012-9000
Wodatch, John L. (District of Columbia)
PB-FL-0012-0014 | PB-FL-0012-0015
Wohlenhaus, Renee M. (District of Columbia)
PB-FL-0012-0014 | PB-FL-0012-0015 | PB-FL-0012-9000
Defendant's Lawyers Blocker, William Michael II (Florida)
PB-FL-0012-0012 | PB-FL-0012-9000
Sheeran, Andrew T (Florida)
PB-FL-0012-0004 | PB-FL-0012-0007 | PB-FL-0012-0012 | PB-FL-0012-0016 | PB-FL-0012-0017 | PB-FL-0012-9000
Waas, George Lee (Florida)
PB-FL-0012-0004 | PB-FL-0012-0007 | PB-FL-0012-0012 | PB-FL-0012-9000
Whitney, Enoch Jonathan (Florida)
PB-FL-0012-0012 | PB-FL-0012-0016 | PB-FL-0012-0017 | PB-FL-0012-9000
Other Lawyers None on record

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