Case: Bill M. v. Nebraska Department of Health and Human Services

4:03-cv-03189 | U.S. District Court for the District of Nebraska

Filed Date: May 20, 2003

Closed Date: 2008

Clearinghouse coding complete

Case Summary

On May 20, 2003, Bill M. and other developmentally disabled Nebraska residents filed a lawsuit under Americans with Disabilities Act, section 504 of the Rehabilitation Act, federal Medicaid statutes, the Due Process Clause, against the Nebraska Department of Health and Human Services Finance and Support in the United States District Court, District of Nebraska. The plaintiffs, represented by Nebraska Advocacy Services, asked the court for declaratory and injunctive relief, claiming that the S…

On May 20, 2003, Bill M. and other developmentally disabled Nebraska residents filed a lawsuit under Americans with Disabilities Act, section 504 of the Rehabilitation Act, federal Medicaid statutes, the Due Process Clause, against the Nebraska Department of Health and Human Services Finance and Support in the United States District Court, District of Nebraska. The plaintiffs, represented by Nebraska Advocacy Services, asked the court for declaratory and injunctive relief, claiming that the State unlawfully provided inadequate funding for developmental disability services, thereby raising the risk that the plaintiffs would be placed institutional (as opposed to residential or community) settings.

On August 6, 2004, the District Court (Judge Richard G. Kopf) denied defendants' motion to dismiss based on 11th Amendment sovereign immunity. Defendants took an interlocutory appeal to the Eighth Circuit Court of Appeals. On May 27, 2005, the Eighth Circuit (Judge Roger Wollman) reversed with respect to Plaintiffs' Title II claim and held that the claim should be dismissed based on Nebraska's sovereign immunity. Bill M. ex rel William M. v. Nebraska Department of Health and Human Services Finance and Support, 408 F.3d 1096 (8th Cir. 2005). The Court held, however, that plaintiffs could still proceed under an almost identical claim under Section 504 of the Rehabilitation Act.

On remand, on September 2, 2005, the District Court dismissed Plaintiffs' first claim for relief under Title II of the ADA.

Magistrate Judge David L. Piester issued a Report and Recommendation regarding Plaintiffs' first motion for class certification and appointment of class counsel on June 20, 2005, that recommended that class certification be denied.

On June 22, 2007, Magistrate Judge Piester issued his Report and Recommendation regarding Plaintiffs' second motion for class certification and appointment of class counsel, again finding that class certification should be denied. On July 17th, Judge Kopf adopted the Report and Recommendation and denied class certification. Bill M. ex rel William M. v. Nebraska Department of Health and Human Services Finance and Support, 2007 WL 2068187 (July 17, 2007, D. Neb.)

The parties filed their settlement agreement with the Court on April 2, 2008.

On April 9, 2008, the Court issued a memorandum and order requiring the parties to review the consequences of the Court granting the parties' joint motion and stipulation for approval of settlement. Subject to the limitations stated in the order, the Court approved the parties' settlement agreement on April 21, 2008.

The Court denied Plaintiffs' motion for attorneys' fees on June 20, 2008. Bill M. ex rel William M. v. Nebraska Department of Health and Human Services, 2008 WL 2550648 (June 20, 2008, D. Neb.)

Plaintiffs appealed the denial of attorney fees to the Eighth Circuit Court of Appeals. Judge Steven Colloton issued the Court's opinion, affirming the District Court's decision, on March 9, 2009. Bill M. ex rel William M. v. Nebraska Department of Health and Human Services Finance and Support, 570 F.3d 1001 (8th Cir. 2009).

There has been no further activity in the case.

Summary Authors

Haley Waller (6/15/2010)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5639828/parties/m-v-nebraska-department-of-health-and-human-services-finance-and-support/


Judge(s)

Bright, Myron H. (North Dakota)

Colloton, Steven M. (Iowa)

Attorney for Plaintiff

DeLair, Diane (Nebraska)

Attorney for Defendant

Bruning, Jon (Nebraska)

Expert/Monitor/Master/Other

Acosta, R. Alexander (District of Columbia)

Judge(s)

Bright, Myron H. (North Dakota)

Colloton, Steven M. (Iowa)

Kopf, Richard George (Nebraska)

Piester, David L. (Nebraska)

Wollman, Roger Leland (South Dakota)

show all people

Documents in the Clearinghouse

Document

4:03-cv-03189

Docket

Bill M. v. Nebraska Department of Health and Human Services Finance and Support

July 27, 2009

July 27, 2009

Docket
66

4:03-cv-03189

MEMORANDUM AND ORDER (Order denying motion to dismiss)

Aug. 6, 2004

Aug. 6, 2004

Order/Opinion

4:03-cv-03189

BRIEF FOR THE UNITED STATES AS INTERVENOR

U. S. Court of Appeals for the Eighth Circuit

Nov. 26, 2004

Nov. 26, 2004

Pleading / Motion / Brief

04-03263

8TH CIRCUIT OPINION 2005

U. S. Court of Appeals for the Eighth Circuit

May 27, 2005

May 27, 2005

Order/Opinion
86

4:03-cv-03189

REPORT AND RECOMMENDATION

June 20, 2005

June 20, 2005

Magistrate Report/Recommendation
105

4:03-cv-03189

MEMORANDUM AND ORDER (Order Dismissing ADA Claim)

Sept. 2, 2005

Sept. 2, 2005

Order/Opinion
106

4:03-cv-03189

MEMORANDUM AND ORDER (Order denying class certification)

Sept. 8, 2005

Sept. 8, 2005

Order/Opinion
12

4:03-cv-03189

Second Amended Complaint

June 16, 2006

June 16, 2006

Complaint
135

4:03-cv-03189

DEFENDANTS’ ANSWER TO SECOND AMENDED COMPLAINT

Aug. 17, 2006

Aug. 17, 2006

Pleading / Motion / Brief
153

4:03-cv-03189

REPORT AND RECOMMENDATION

June 22, 2007

June 22, 2007

Magistrate Report/Recommendation

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5639828/m-v-nebraska-department-of-health-and-human-services-finance-and-support/

Last updated Feb. 9, 2024, 3:18 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed by Attorneys Dianne D. DeLair Canto, Bradford E. Kistler, Bruce G. Mason, Shirley A. Mora James and David W. Rowe on behalf of John Doe, Bill M., Jane S., Jennifer T., Heather V. and Kevin V. against Stephen B. Curtiss, Nebraska Department of Health &Human Services, Nebraska Department of Health and Human Services Finance and Support and Ron Ross. No Summons issued, with receipt number 404609, in the amount of $150. (Attachments: # 1 E−mail to Clerk)(JAR, ) (Entered: 05/20/2003)

May 20, 2003

May 20, 2003

2

CIVIL COVER SHEET (JAR, ) (Entered: 05/20/2003)

May 20, 2003

May 20, 2003

3

SUMMONS (Never actually issued) Returned Unexecuted upon defendant Ron Ross on 5/21/2003. (JAR) Modified on 5/30/2003 per JLS to reflect that summons was unexecuted. (RDB) (Entered: 05/28/2003)

May 27, 2003

May 27, 2003

4

SUMMONS (Never actually issued) Returned Unexecuted upon defendant Stephen B. Curtiss on 5/21/2003. (JAR) Modified on 5/30/2003 per JLS to reflect that summons was unexecuted. (RDB) (Entered: 05/28/2003)

May 27, 2003

May 27, 2003

5

SUMMONS (Never actually issued) Returned Unexecuted upon defendant Nebraska Department of Health &Human Services on 5/21/2003; Nebraska Department of Health and Human Services Finance and Support on 5/21/2003. Jon Bruning served. (JAR) Modified on 5/30/2003 per JLS to reflect that summons was unexecuted. (RDB) (Entered: 05/28/2003)

May 27, 2003

May 27, 2003

6

Summonses Issued (COPY) as to defendant Stephen B. Curtiss; defendant Ron Ross; and Jon Bruning, Nebraska Attorney General. (RDB) (Entered: 05/30/2003)

May 30, 2003

May 30, 2003

7

MOTION for Extension of Time to File Answer by Attorney Douglas D. Dexter on behalf of Defendants Stephen B. Curtiss, Nebraska Department of Health &Human Services, Nebraska Department of Health and Human Services Finance and Support, Ron Ross (Dexter, Douglas) (Entered: 06/06/2003)

June 6, 2003

June 6, 2003

8

ORDER granting Defendants' Motion for Extension of Time to Answer 7 . Answer Deadline set for 07/09/2003, as to Defendants Nebraska Department of Health and Human Services Finance and Support, Nebraska Department of Health and Human Services, Stephen B. Curtiss, and Ron Ross. Signed by Deputy Clerk on 06/06/2003. (RDB) (Entered: 06/06/2003)

June 6, 2003

June 6, 2003

9

SCHEDULING PACKET Rule 26 Meeting Report Deadline set signed by Magistrate Judge David L. Piester on 6/9/2003. (CCB, ) (Entered: 06/09/2003)

June 9, 2003

June 9, 2003

10

SUMMONS Returned Executed upon Defendant Ron Ross on 06/02/2003. (RDB) (Entered: 06/12/2003)

June 11, 2003

June 11, 2003

11

SUMMONS Returned Executed upon Defendant Stephen B. Curtiss on 06/02/2003. (RDB) (Entered: 06/12/2003)

June 11, 2003

June 11, 2003

12

SUMMONS Returned Executed upon Attorney General Jon Bruning on 06/02/2003, regarding Defendant Nebraska Department of Health &Human Services and Nebraska Department of Health and Human Services Finance and Support. (RDB) (Entered: 06/12/2003)

June 11, 2003

June 11, 2003

13

JOINT MOTION AND STIPULATION for Extension of Time regarding Rule 26 Report Deadline, filed by Attorney Shirley A. Mora James and Attorney David W. Rowe on behalf of the Plaintiffs, and by Attorney Douglas D. Dexter on behalf of the Defendants. (RDB) (Entered: 06/20/2003)

June 19, 2003

June 19, 2003

14

ORDER that the parties' Joint Motion for an Extension of Time 13 is hereby granted in part. The parties' Rule 26 report shall be due 30 days after defendants file an Answer or September 8, 2003, whichever FIRST occurs. Signed by Magistrate Judge David L. Piester on 06/23/2003. (RDB) (Entered: 06/23/2003)

June 23, 2003

June 23, 2003

15

MOTION for Extension of Time to File Answer by Attorney Douglas D. Dexter on behalf of Defendants Stephen B. Curtiss, Nebraska Department of Health &Human Services, Nebraska Department of Health and Human Services Finance and

July 9, 2003

July 9, 2003

17

MOTION to Dismiss by Attorney Douglas D. Dexter on behalf of Defendants Stephen B. Curtiss, Nebraska Department of Health &Human Services, Nebraska Department of Health and Human Services Finance and Support, Ron Ross (Dexter, Douglas) (Entered: 07/18/2003)

July 18, 2003

July 18, 2003

18

BRIEF In Support of Motion to Dismiss 17 by Attorney Douglas D. Dexter on behalf of Defendants Stephen B. Curtiss, Nebraska Department of Health &Human Services, Nebraska Department of Health and Human Services Finance and Support, Ron Ross (Dexter, Douglas) (Entered: 07/18/2003)

July 18, 2003

July 18, 2003

19

REPLY BRIEF In Opposition to Motion to Dismiss 17 by Attorney Shirley A. Mora James on behalf of Plaintiff Bill M. (Mora James, Shirley) (Entered: 08/07/2003)

Aug. 7, 2003

Aug. 7, 2003

20

Unopposed MOTION to Amend Complaint by Attorney Shirley A. Mora James on behalf of Plaintiff Bill M. (Mora James, Shirley) (Entered: 08/19/2003)

Aug. 19, 2003

Aug. 19, 2003

21

BRIEF In Support Motion to Amend 20 Plaintiffs' Complaint by Attorney Shirley A. Mora James on behalf of Plaintiff Bill M. (Mora James, Shirley) (Entered: 08/19/2003)

Aug. 19, 2003

Aug. 19, 2003

22

ORDER granting 20 Plaintiffs' Motion to Amend Complaint. Amended Complaint due by 9/1/2003. Signed by Magistrate Judge David L. Piester on 8/20/2003. (GJG, ) (Entered: 08/20/2003)

Aug. 20, 2003

Aug. 20, 2003

23

AMENDED COMPLAINT against Defendant all defendants, by Attorney Shirley A. Mora James on behalf of Bill M. (Mora James, Shirley) (Entered: 08/28/2003)

Aug. 28, 2003

Aug. 28, 2003

24

MOTION for Extension of Time to File Answer by Attorney Douglas D. Dexter on behalf of Defendants Stephen B. Curtiss, Nebraska Department of Health &Human Services, Nebraska Department of Health and Human Services Finance and Support, Ron Ross (Dexter, Douglas) (Entered: 08/29/2003)

Aug. 29, 2003

Aug. 29, 2003

25

ORDER granting 24 Motion for Extension of Time to Answer. Answer Deadline set for 10/17/2003, as to Defendant State of Nebraska Department of Health and Human Services. Signed by Magistrate Judge David L. Piester on 9/2/2003. (GJG, ) (Entered: 09/02/2003)

Sept. 2, 2003

Sept. 2, 2003

26

ORDER NUNC PRO TUNC − regarding Defendant's Motion for Enlargment of Time 24 is granted as to ALL Defendants. Signed by Magistrate Judge David L. Piester on 9/3/2003. (GJG, ) (Entered: 09/03/2003)

Sept. 3, 2003

Sept. 3, 2003

27

Joint MOTION to Extend Time for Fed. R. Civ. P. 26 Report of Parties by Attorney Shirley A. Mora James on behalf of Plaintiff Bill M. (Mora James, Shirley) (Entered: 09/08/2003)

Sept. 8, 2003

Sept. 8, 2003

28

ORDER granting 27 Joint Motion to Extend time to file their Rule 26 Report. The parties have until November 16, 2003. Signed by Magistrate Judge David L. Piester on 9/8/2003. (GJG, ) (Entered: 09/09/2003)

Sept. 8, 2003

Sept. 8, 2003

29

MOTION AND ORDER FOR PROTECTIVE ORDER. Signed by Magistrate Judge David L. Piester on 9/8/2003. (GJG, ) (Entered: 09/09/2003)

Sept. 8, 2003

Sept. 8, 2003

30

MOTION to Dismiss Amended Complaint by Attorney Douglas D. Dexter on behalf of Defendants Stephen B. Curtiss, Nebraska Department of Health &Human Services, Nebraska Department of Health and Human Services Finance and Support, Ron Ross (Dexter, Douglas) (Entered: 10/17/2003)

Oct. 17, 2003

Oct. 17, 2003

31

BRIEF In Support of Motion to Dismiss, 30 Amended Complaint by Attorney Douglas D. Dexter on behalf of Defendants Stephen B. Curtiss, Nebraska Department of Health &Human Services, Nebraska Department of Health and Human Services Finance and Support, Ron Ross (Dexter, Douglas) (Entered: 10/17/2003)

Oct. 17, 2003

Oct. 17, 2003

33

Mail Returned as Undeliverable addressed to Dianne D. DeLair Canto regarding Order on Motion to Dismiss 32 . Mail resent to Dianne D. DeLair Canto, Nebraska Advocacy Services, 134 South 13th Street, Suite 600, Lincoln, Nebraska 68508. (GJG, ) (Entered: 10/27/2003)

Oct. 27, 2003

Oct. 27, 2003

34

REPLY BRIEF In Opposition to Defendants' Motion to Dismiss by Attorney Shirley A. Mora James on behalf of Plaintiff Bill M. (Mora James, Shirley) (Entered: 11/10/2003)

Nov. 10, 2003

Nov. 10, 2003

35

REPLY BRIEF In Opposition to Defendants' Motion to Dismiss by Attorney Shirley A. Mora James on behalf of Plaintiff Bill M. (Mora James, Shirley) (Entered: 11/10/2003)

Nov. 10, 2003

Nov. 10, 2003

36

REPLY BRIEF In Opposition to Defendants' Motion to Dismiss by Attorney Shirley A. Mora James on behalf of Plaintiff Bill M. (Mora James, Shirley) (Entered: 11/10/2003)

Nov. 10, 2003

Nov. 10, 2003

37

MOTION to File Reply Brief in Support of Motion to Dismiss Amended Complaint by Attorney Douglas D. Dexter on behalf of Defendants Stephen B. Curtiss, Nebraska Department of Health &Human Services, Nebraska Department of Health and Human Services Finance and Support, Ron Ross (Dexter, Douglas) (Entered: 11/17/2003)

Nov. 17, 2003

Nov. 17, 2003

38

REPORT of Rule 26(f) Planning Meeting by Attorney David W. Rowe on behalf of Plaintiff Bill M. (Rowe, David) (Entered: 11/17/2003)

Nov. 17, 2003

Nov. 17, 2003

39

MEMORANDUM AND ORDER granting 37 Motion to submit reply brief. Defendants are granted leave to submit a reply brief on or before 12/01/03. Defendant's 30 Motion to Dismiss the amended complaint shall be ripe for decision on 12/02/03. Signed by Judge Richard G. Kopf on 11/18/2003. (CS, ) (Entered: 11/18/2003)

Nov. 18, 2003

Nov. 18, 2003

40

BRIEF In Support of Motion to Dismiss, 30 Amended Complaint by Attorney Douglas D. Dexter on behalf of Defendants Stephen B. Curtiss, Nebraska Department of Health &Human Services, Nebraska Department of Health and Human Services Finance and Support, Ron Ross (Dexter, Douglas) (Entered: 11/24/2003)

Nov. 24, 2003

Nov. 24, 2003

41

ORDER A Rule 26 Planning Conference set for 12/12/2003 10:30 AM before Magistrate Judge David L. Piester. Signed by Magistrate Judge David L. Piester on 12/4/2003. (GJG, ) (Entered: 12/04/2003)

Dec. 4, 2003

Dec. 4, 2003

42

Certificate of Service−Plaintiff's Rule 26(a)(1) Initial Disclosures by Attorney Shirley A. Mora James on behalf of Plaintiff Bill M. (Mora James, Shirley) (Entered: 12/05/2003)

Dec. 5, 2003

Dec. 5, 2003

43

MEMORANDUM AND ORDER regarding Report of Rule 26(f) Planning Meeting 38 filed by Bill M. Planning Conference set for 8/10/2004 09:00 AM before Magistrate Judge David L. Piester. Signed by Magistrate Judge David L. Piester on 12/15/2003. (GJG, ) (Entered: 12/15/2003)

Dec. 15, 2003

Dec. 15, 2003

44

Certificate of Service by Attorney Douglas D. Dexter on behalf of Defendants Stephen B. Curtiss, Nebraska Department of Health &Human Services, Nebraska Department of Health and Human Services Finance and Support, Ron Ross (Dexter, Douglas) (Entered: 12/30/2003)

Dec. 30, 2003

Dec. 30, 2003

45

Certificate of Service by Attorney Douglas D. Dexter on behalf of Defendants Nebraska Department of Health &Human Services, Nebraska Department of Health and Human Services Finance and Support, Ron Ross (Dexter, Douglas) (Entered: 01/26/2004)

Jan. 26, 2004

Jan. 26, 2004

46

NOTICE to Take Deposition of Records by Attorney Shirley A. Mora James on behalf of Plaintiff Bill M. (Mora James, Shirley) (Entered: 02/12/2004)

Feb. 12, 2004

Feb. 12, 2004

48

NOTICE to Take Deposition of Ron Ross by Attorney Shirley A. Mora James on behalf of Plaintiff Bill M. (Mora James, Shirley) (Entered: 02/24/2004)

Feb. 24, 2004

Feb. 24, 2004

49

Certificate of Service of Notice to Take Deposition of Roger Stortenbecker by Attorney David W. Rowe on behalf of Plaintiff Bill M. (Rowe, David) (Entered: 02/26/2004)

Feb. 26, 2004

Feb. 26, 2004

50

NOTICE to Take Deposition of Carla Sorensen and inspection of documents by Attorney Shirley A. Mora James on behalf of Plaintiff Bill M. (Mora James, Shirley) (Entered: 02/27/2004)

Feb. 27, 2004

Feb. 27, 2004

51

Certificate of Service by Attorney Shirley A. Mora James on behalf of Plaintiff Bill M. (Mora James, Shirley) (Entered: 03/04/2004)

March 4, 2004

March 4, 2004

52

Certificate of Service of Amended Notice to Take Deposition Duces Tecum of Roger Stortenbecker by Attorney David W. Rowe on behalf of Plaintiff Bill M. (Rowe, David) (Entered: 03/04/2004)

March 4, 2004

March 4, 2004

53

RETURN of service of Subpoena on 3/8/2004 upon Roger Stortenbecker, Developmental Services of NE, Inc.,by Attorney David W. Rowe (GJG, ) (Entered: 03/15/2004)

March 12, 2004

March 12, 2004

54

RETURN of service of Subpoena on 3/8/2004 upon Roger Stortenbeckerby Attorney David W. Rowe (GJG, ) (Entered: 03/31/2004)

March 31, 2004

March 31, 2004

55

MOTION to Continue Progression Order Deadlines by Attorney Douglas D. Dexter on behalf of Defendants Stephen B. Curtiss, Nebraska Department of Health &Human Services, Nebraska Department of Health and Human Services Finance and Support, Ron Ross (Attachments: # 1 # 2 # 3)(Dexter, Douglas) (Entered: 04/29/2004)

April 29, 2004

April 29, 2004

56

ORDER granting 55 Motion to Continue. This case is stayed in all respects for a period of sixty days from this date. All deadlines, dates for disclosures, all discovery, conferences and the like are continued for sixty days from their original date. The planning conference with counsel is continued to October 4, 2004 at 10:00 a.m. in the chambers of the undersigned. In the event that counsel agree to re−activate this case prior to the expiration of the sixty days, they may jointly so inform the office of the undersigned of that agreement and request a conference with the court for the purpose of considering matters of progression. Signed by Magistrate Judge David L. Piester on 5/3/2004. (GJG, ) (Entered: 05/03/2004)

May 3, 2004

May 3, 2004

57

CERTIFICATE of Court Reporter regarding: Deposition of Roger Stortenbecker of April 13, 2004 (BMH) (Entered: 05/05/2004)

May 5, 2004

May 5, 2004

58

MOTION to Certify Class by Attorney Shirley A. Mora James on behalf of Plaintiff Bill M. (Mora James, Shirley) (Entered: 07/01/2004)

July 1, 2004

July 1, 2004

59

BRIEF In Support of Motion to Certify Class by Attorney Shirley A. Mora James on behalf of Plaintiff Bill M. (Mora James, Shirley) (Entered: 07/01/2004)

July 1, 2004

July 1, 2004

61

MOTION Enlargement of Time to Respond to Motion for Certification of Class regarding MOTION to Certify Class 58 by Attorney Douglas D. Dexter on behalf of Defendants Stephen B. Curtiss, Nebraska Department of Health &Human Services, Nebraska Department of Health and Human Services Finance and Support, Ron Ross (Attachments: # 1 Affidavit)(Dexter, Douglas) (Entered: 07/19/2004)

July 19, 2004

July 19, 2004

62

MEMORANDUM AND ORDER granting 61 Motion for additional time to respond to the motion for class certification, The deadline for Defendants to respond to the motion for class certification is extended to July 30, 2004. Signed by Judge Richard G. Kopf on 7/21/2004. (GJG, ) (Entered: 07/21/2004)

July 21, 2004

July 21, 2004

63

MOTION for Enlargement of Time by Attorney Douglas D. Dexter on behalf of Defendants Stephen B. Curtiss, Nebraska Department of Health &Human Services, Nebraska Department of Health and Human Services Finance and Support, Ron Ross (Dexter, Douglas) (Entered: 07/30/2004)

July 30, 2004

July 30, 2004

65

BRIEF In Opposition to Certification of Class by Attorney Douglas D. Dexter on behalf of Defendants Stephen B. Curtiss, Nebraska Department of Health &Human Services, Nebraska Department of Health and Human Services Finance and Support, Ron Ross (Dexter, Douglas) (Entered: 08/02/2004)

Aug. 2, 2004

Aug. 2, 2004

66

MEMORANDUM AND ORDER denying 30 Motion to Dismiss Signed by Judge Richard G. Kopf on 8/6/2004. (GJG, ) (Entered: 08/06/2004)

Aug. 6, 2004

Aug. 6, 2004

67

Unopposed MOTION to Extend time to file reply brief by Attorney Dianne D. DeLair on behalf of Plaintiff Bill M. (Attachments: # 1)(DeLair, Dianne) (Entered: 08/06/2004)

Aug. 6, 2004

Aug. 6, 2004

68

ORDER granting 67 Motion to Extend time to file reply brief to MOTION to Certify Class 58 . Signed by Magistrate Judge David L. Piester on 8/9/2004. (GJG, ) (Entered: 08/09/2004)

Aug. 9, 2004

Aug. 9, 2004

69

Unopposed MOTION to Extend time to file reply brief by Attorney Dianne D. DeLair on behalf of Plaintiff Bill M. (Attachments: # 1)(DeLair, Dianne) (Entered: 08/16/2004)

Aug. 16, 2004

Aug. 16, 2004

70

ORDER granting 69 Motion to Extend time to file reply brief. Plaintiff is granted until 8/27/2004 to file reply. Signed by Magistrate Judge David L. Piester on 8/17/2004. (JAR) (Entered: 08/17/2004)

Aug. 17, 2004

Aug. 17, 2004

71

REPLY BRIEF In support of Class Certification by Attorney Shirley A. Mora James on behalf of Plaintiff Bill M. (Mora James, Shirley) (Entered: 08/27/2004)

Aug. 27, 2004

Aug. 27, 2004

72

NOTICE OF APPEAL (INTERLOCUTORY) by Attorney Douglas D. Dexter, Stephen B. Curtiss on behalf of Defendants Stephen B. Curtiss, Nebraska Department of Health &Human Services, Nebraska Department of Health and Human Services Finance and Support, Ron Ross, Stephen B. Curtiss, Nebraska Department of Health &Human Services, Nebraska Department of Health and Human Services Finance and Support, Ron Ross. by Attorney Douglas D. Dexter, Stephen B. Curtiss on behalf of Defendants Stephen B. Curtiss, Nebraska Department of Health &Human Services, Nebraska Department of Health and Human Services Finance and Support, Ron Ross, Stephen B. Curtiss, Nebraska Department of Health &Human Services, Nebraska Department of Health and Human Services Finance and Support, Ron Ross (Dexter, Douglas) Modified on 9/8/2004 to add the word "interlocutory" (GJG, ). (Entered: 09/07/2004)

Sept. 7, 2004

Sept. 7, 2004

73

REQUEST FOR TRANSCRIPT by Attorney Douglas D. Dexter on behalf of Defendants Stephen B. Curtiss, Nebraska Department of Health &Human Services, Nebraska Department of Health and Human Services Finance and Support, Ron Ross (Dexter, Douglas) (Entered: 09/07/2004)

Sept. 7, 2004

Sept. 7, 2004

APPEAL fee paid with receipt number 406099 in the amount of $ 255 regarding Notice of Appeal to USCA, 72 . THIS IS A TEXT ONLY ENTRY. A PDF DOCUMENT IS NOT ATTACHED TO THIS ENTRY. (GJG, ) (Entered: 09/08/2004)

Sept. 7, 2004

Sept. 7, 2004

74

2 CERTIFIED COPIES of Notice of Appeal, 72 , Memorandum and Order 66 , Request for Transcript 73 and certified Docket Sheet to Clerk, USCA − 8th Circuit. (GJG, ) (Entered: 09/13/2004)

Sept. 13, 2004

Sept. 13, 2004

75

SCHEDULING LETTER (e−mail) from USCA − 8th Circuit as to Notice of Appeal to USCA 72 ; Appellate Docket Number: 04−3263. (Attachments: # 1 Cover Letter)(GJG, ) (Entered: 09/17/2004)

Sept. 17, 2004

Sept. 17, 2004

76

MEMORANDUM AND ORDER−The planning conference that was set for October 4, 2004 iscancelled. Within ten days of any ruling by the Eighth Circuit on defendants' interlocutory appeal, plaintiffs' counsel shall advise the undersigned regarding the need for and any rescheduling of the planning conference. Signed by

Sept. 28, 2004

Sept. 28, 2004

78

ORDER granting 77 . The joint motion of the parties to seal is granted andFiling #60 shall be shall be sealed. Signed by Magistrate Judge David L. Piester on 10/14/2004. (GJG, ) (Entered: 10/14/2004)

Oct. 14, 2004

Oct. 14, 2004

79

E−mail COPY of Opinion of USCA − 8th Circuit(04−3263) regarding Notice of Interlocutory Appeal to USCA, 72 . The denial of Nebraska's motion to dismiss based on sovereign immunity with respect to Plaintiffs' Title II claim is reversed, and the case is remanded to the district court with direction to dismiss the Title II claim against Nebraska. (Attachments: # 1 Letter by Clerk)(JAR) (Entered: 05/27/2005)

May 27, 2005

May 27, 2005

80

MAIL COPY of Opinion of USCA − 8th Circuit(04−3263) regarding Notice of Interlocutory Appeal to USCA, 72 . The denial of Nebraska's motion to dismiss based on sovereign immunity with respect to Plaintiffs' Title II claim is reversed, and the case is remanded to the district court with direction to dismiss the Title II claim against Nebraska. (Attachments: # 1 Cover Letter)(GJG, ) (Entered: 05/31/2005)

May 31, 2005

May 31, 2005

81

Letter by Clerk regarding Opinion (Copy) of USCA, 80 . On May 27, 2005, the opinion of this court was filed. Our cover letter indicated the petition for rehearing was due within 14 days. The due date is in error and the parties will have 45 days from the date of the opinion to file a petition for rehearing, up to and including, July 11, 2005. (GJG, ) (Entered: 06/02/2005)

June 2, 2005

June 2, 2005

82

Mail copy of Letter by Clerk regarding Opinion (Copy) of USCA, 80 . On May 27, 2005, the opinion of this court was filed. Our cover letter indicated the petition for rehearing was due within 14 days. The due date is in error and the parties will have 45 days from the date of the opinion to file a petition for rehearing, up to and including, July 11, 2005. (JAR) (Entered: 06/06/2005)

June 6, 2005

June 6, 2005

83

ORDER-Upon the representations of counsel IT IS ORDERED: A planning conference will be held November 2, 2005 at 9:00 a.m. in the chambers of the undersigned, Room 566 Federal Building, 100 Centennial Mall North, Lincoln, Nebraska. Planning Conference set for 11/2/2005 09:00 AM before Magistrate Judge David L. Piester. Signed by Magistrate Judge David L. Piester on 6/9/2005. (GJG, )

June 9, 2005

June 9, 2005

RECAP
84

ANSWER to Complaint by Attorney Douglas D. Dexter on behalf of Defendants Nebraska Department of Health and Human Services Finance and Support, Nebraska Department of Health &Human Services, Stephen B. Curtiss, Ron Ross(Dexter, Douglas) (Entered: 06/16/2005)

June 16, 2005

June 16, 2005

85

Certificate of Service by Attorney Shirley A. Mora James on behalf of Plaintiff Bill M.(Mora James, Shirley) (Entered: 06/16/2005)

June 16, 2005

June 16, 2005

86

REPORT AND RECOMMENDATION regarding the MOTION to Certify Class 58 . IT THEREFORE HEREBY IS RECOMMENDED to the Honorable Richard G. Kopf, United States District Judge, pursuant to 28 U.S.C. sec. 636(b) that the plaintiffs' motion to certify a c lass, filing 58 be denied in all respects. The parties are notified that a failure to file an objection to this recommendation as provided in the local rules of this court may be held to be a waiver of any right to appeal the court's adoption of the recommendation. Signed by Magistrate Judge David L. Piester on 6/20/2005. (GJG, )

June 20, 2005

June 20, 2005

RECAP
87

NOTICE to Take Deposition of Nancy Montanez by Attorney Dianne D. DeLair on behalf of Plaintiff Bill M. (DeLair, Dianne) (Entered: 06/22/2005)

June 22, 2005

June 22, 2005

88

Unopposed MOTION to Extend Time to Object to Magistrate's Report and Recommendation by Attorney Shirley A. Mora James on behalf of Plaintiff Bill M.(Mora James, Shirley) (Entered: 06/28/2005)

June 28, 2005

June 28, 2005

89

ORDER granting 88 Motion to Extend. Plaintiffs shall have until August 4, 2005 to object to the report and recommendation regarding class certification filing 86 . Signed by Judge Richard G. Kopf on 7/1/2005. (GJG, )

July 1, 2005

July 1, 2005

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90

Letter from Clerk, USCA 8th Circuit(04−3263) to Attorney Douglas D. Dexter regarding filing of petitions. (JAR) (Entered: 07/20/2005)

July 20, 2005

July 20, 2005

91

NOTICE of Appearance by Attorney Michael J. Rumbaugh on behalf of Defendants Nebraska Department of Health and Human Services Finance and Support, Nebraska Department of Health &Human Services, Stephen B. Curtiss, Ron Ross (Rumbaugh, Michael) (Entered: 07/22/2005)

July 22, 2005

July 22, 2005

92

Letter by USCA Clerk (04−3263) requesting counsel to respond to the petitions by 08/01/2005 regarding Interlocutory Notice of Appeal to USCA 72 (CS, ) (Entered: 07/22/2005)

July 22, 2005

July 22, 2005

93

NOTICE to Take Deposition of Nancy Montanez by Attorney Shirley A. Mora James on behalf of Plaintiff Bill M. (Mora James, Shirley) (Entered: 08/01/2005)

Aug. 1, 2005

Aug. 1, 2005

94

NOTICE to Take Deposition of Chris Peterson by Attorney Shirley A. Mora James on behalf of Plaintiff Bill M. (Mora James, Shirley) (Entered: 08/01/2005)

Aug. 1, 2005

Aug. 1, 2005

95

NOTICE to Take Deposition of Dick Nelson by Attorney Shirley A. Mora James on behalf of Plaintiff Bill M. (Mora James, Shirley) (Entered: 08/01/2005)

Aug. 1, 2005

Aug. 1, 2005

96

OBJECTION to Report and Recommendation,, 86 by Attorney David W. Rowe on behalf of Plaintiff Bill M.(Rowe, David) (Entered: 08/04/2005)

Aug. 4, 2005

Aug. 4, 2005

97

BRIEF In Support of Plaintiff's Statement of Objection to Magistrate Judge's Recommendation to Deny Class Certification by Attorney David W. Rowe on behalf of Plaintiff Bill M.(Rowe, David) (Entered: 08/04/2005)

Aug. 4, 2005

Aug. 4, 2005

98

NOTICE of Service by Attorney Michael J. Rumbaugh on behalf of Defendants Nebraska Department of Health and Human Services Finance and Support, Nebraska Department of Health &Human Services, Stephen B. Curtiss, Ron Ross (Rumbaugh, Michael) (Entered: 08/09/2005)

Aug. 9, 2005

Aug. 9, 2005

99

BRIEF In Opposition to Objection to Report and Recommendation 96 by Attorney Michael J. Rumbaugh on behalf of Defendants Nebraska Department of Health and Human Services Finance and Support, Nebraska Department of Health &Human Services, Stephen B. Curtiss, Ron Ross(Rumbaugh, Michael) (Entered: 08/12/2005)

Aug. 12, 2005

Aug. 12, 2005

100

E−mail COPY of Order from USCA − 8th Circuit(04−3263): The petitions for rehearing en banc are denied. The petitions for rehearing by the panel are also denied. Judge Murphy, Judge Bye and Judge Melloy would grant the petitionsfor rehearing en banc. (Attachments: # 1 Letter by Clerk)(JAR) (Entered: 08/18/2005)

Aug. 18, 2005

Aug. 18, 2005

101

COPY of Order from USCA − 8th Circuit (via U.S. Mail) that the petitions for rehearing en banc are denied; the petitions for rehearing by the panel are also denied; Judge Murphy, Judge Bye and Judge Melloy would grant the petitions for rehearing en banc. (Attachment # 1 Letter by Clerk, USCA)(BMH) (Entered: 08/22/2005)

Aug. 22, 2005

Aug. 22, 2005

102

Letter (e−mail) by Clerk USCA 8th−Circuit regarding Notice of Appeal to USCA, 72 . The mandate of this Court is being sent to the clerk of the district court, together with a receipt. The clerk of the district court is requested to sign, date, and return the receipt to this office. Any district court records in this court's possession will be returned shortly (GJG, ) (Entered: 08/25/2005)

Aug. 25, 2005

Aug. 25, 2005

103

CERTIFIED copy of Opinion of USCA − 8th Circuit (04−3263) regarding Notice of Appeal to USCA 72 . (GJG, ) (Entered: 08/29/2005)

Aug. 29, 2005

Aug. 29, 2005

104

JUDGMENT from USCA − 8th Circuit (04−3293 reversing the decision of the District Court regarding Interlocutory Notice of Appeal to USCA 72 . The cause is remanded to the district court for proceedings consistent with the opinion 103 of this court. (Attachments: # 1 Cover Letter)(GJG, ) (Entered: 08/29/2005)

Aug. 29, 2005

Aug. 29, 2005

105

MEMORANDUM AND ORDER regarding: Opinion (Certified Copy) of USCA, 8th Circuit 103 . For the reasons stated by the Court of Appeals, 408 F.3d at 1098-1100, I will dismiss the first claim for relief of the Amended Complaint (filing 23 ), which asserts a violation of Title II of the ADA. IT IS ORDERED that the first claim for relief of the Amended Complaint (filing 23 ), which asserts a violation of Title II of the ADA, is dismissed with prejudice. Signed by Judge Richard G. Kopf on 9/2/2005. (JAR)

Sept. 2, 2005

Sept. 2, 2005

RECAP

Case Details

State / Territory: Nebraska

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Olmstead Cases

Multi-LexSum (in sample)

Key Dates

Filing Date: May 20, 2003

Closing Date: 2008

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Developmentally disabled Nebraska residents who claimed that they were put on wait-lists and informed that funds were not available when they applied for community- and home-based services.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

NDRN/Protection & Advocacy Organizations

Legal Services/Legal Aid

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

NEBRASKA DEPARTMENT OF HEALTH AND HUMANSERVICES FINANCE AND SUPPORT, State

Case Details

Causes of Action:

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

State law

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:

Court Approved Settlement or Consent Decree

Issues

Benefit Source:

Medicaid