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Civil Rights Litigation Clearinghouse
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Case Name Chambers v. City and County of San Francisco PB-CA-0014
Docket / Court 3:06-cv-06346-WHA ( N.D. Cal. )
State/Territory California
Case Type(s) Disability Rights-Pub. Accom.
Public Benefits / Government Services
Special Collection Olmstead Cases
Attorney Organization Bazelon Center
NDRN/Protection & Advocacy Organizations
Case Summary
On October 11, 2006, individuals with disabilities in need of long-term care filed a lawsuit under the Americans with Disabilities Act, the Rehabilitation Act, and California law in the United States District Court for the Northern District of California. Plaintiffs, represented by public interest ... read more >
On October 11, 2006, individuals with disabilities in need of long-term care filed a lawsuit under the Americans with Disabilities Act, the Rehabilitation Act, and California law in the United States District Court for the Northern District of California. Plaintiffs, represented by public interest and private counsel, claimed that Defendant failed to provide them with services in the most integrated setting appropriate. Specifically, Plaintiffs claimed that Defendants' policies and practices resulted in Plaintiffs' unnecessary isolation at Laguna Honda Hospital and Rehabilitation Center (Laguna Honda). Plaintiffs sought declaratory and injunctive relief to compel Defendants to provide them with timely access to home and community-based long-term care services.

Named Plaintiffs were a number of current adult residents of Laguna Honda who had disabilities but had been recommended for discharge or who had been identified as being able to live in the community with appropriate service provision.

At the time of filing, Laguna Honda housed more than 1,000 individuals. It had been repeatedly cited for standard of care deficiencies, and CMS had threatened to withdraw federal funding from the hospital. In 2003, the Department of Justice issued a letter of findings against Defendant for violations of the ADA with respect to Laguna Honda. The DOJ ordered Defendant to implement certain remedial measures, but they had not been implemented at the time Plaintiffs filed their complaint.

On January 30, 2007, the court (Judge William Alsup) denied the parties' joint request to stay litigation for the purposes of settlement.

The court granted Plaintiffs' motion for class certification on July 12, 2007. Defendants had filed a statement of non-opposition. The class was defined as: "All adult Medi-Cal beneficiaries who are: (1) residents of Laguna Honda Hospital and Rehabilitation Center; (2) on waiting lists for Laguna Honda Hospital and Rehabilitation Center; (3) within two year post-discharge from Laguna Honda Hospital and Rehabilitation Center; or (4) patients at San Francisco General Hospital or other hospitals owned or controlled by the City and County of San Francisco, who are eligible for discharge to Laguna Honda Hospital and Rehabilitation Center."

On November 16, 2007, the court issued an order regarding preliminary approval of the settlement agreement. The court ordered the parties to meet with Judge Alsup to consider preliminary approval of the settlement agreement before ruling on the request for administrative relief.

On November 26, 2007, the court issued an order regarding the request for administrative relief. The parties had agreed that no individual claims for damages by class members were waived under the settlement agreement. The parties also jointly recommended a $300,000 fee award to class counsel for fees and costs, and $200,000 for compliance oversight. In light of the agreement, the Court approved the parties' joint request for administrative relief.

The parties signed a settlement agreement in December 2007. The parties agreed as follows: the parties would assess the services and housing being provided to named Plaintiffs who had been discharged from Laguna Honda; San Francisco would provide a rental subsidy for independent housing for named Plaintiffs where appropriate; Defendant would alter or begin certain practices to maximize opportunities for class members to access home and community-based services through the Nursing Facility/Acute Hospital Waiver; Defendant would make a Diversion and Community Integration Program fully operational; Defendant would provide case management and wrap-around services; Defendant would preserve, provide, and monitor community-based housing for appropriate class members; Defendant would enhance mental health and substance abuse services at Laguna Honda; and Defendant would limit the capacity of Laguna Honda. The settlement agreement also established grievance procedures for class members and data collection and reporting obligations. The agreement was scheduled to terminate three years from the date of final approval by the Court.

On September 18, 2008, the Court granted final approval of the settlement agreement. The Court entered judgment, awarded attorney fees and costs as agreed by the parties, and retained jurisdiction for the purpose of assuring compliance.

The parties filed a series of joint case management statements from 2009 through 2011 detailing the status of the implementation of the settlement agreement. On Feb. 7, 2011, the court issued an order stating that its jurisdiction would end on Sept. 18, 2011 "as to all rights and obligations of the parties except with regard to the Laguna Honda Hospital Rent Subsidy Program," and on Sept. 18, 2013 "as to all other rights and obligations of the parties." On Sept. 3, 2013, the court issued an order indicating that the defendants had complied with the last of the Settlement terms. In the order, the court modified a Settlement term requiring the defendants to subsidize 500 rental homes for Laguna Honda residents down to 270 homes due to significantly lower demand for such homes.

There has been no further litigation, and it appears to be closed.

Haley Waller - 02/10/2011
Virginia Weeks - 10/18/2017


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Issues and Causes of Action
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Issues
Benefit Source
Medicaid
Plaintiff Type
Private Plaintiff
Causes of Action Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.
Section 504 (Rehabilitation Act), 29 U.S.C. § 701
State law
Defendant(s) City and County of San Francisco
Plaintiff Description Adults with disabilities needing long-term care
Indexed Lawyer Organizations Bazelon Center
NDRN/Protection & Advocacy Organizations
Class action status sought Yes
Class action status granted Yes
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Case Closing Year 2011
Case Ongoing No
Docket(s)
3:06-cv-06346-WHA (N.D. Cal.)
PB-CA-0014-9000.pdf | Detail
Date: 09/03/2013
Source: PACER [Public Access to Court Electronic Records]
General Documents
NOTICE OF CLASS ACTION [ECF# 56-1]
PB-CA-0014-0005.pdf | Detail
Date:
Source: PACER [Public Access to Court Electronic Records]
FIRST AMENDED COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF [ECF# 10]
PB-CA-0014-0001.pdf | Detail
Date: 10/12/2006
Source: PACER [Public Access to Court Electronic Records]
ORDER DENYING REQUEST TO STAY LITIGATION [ECF# 35] (N.D. Cal.)
PB-CA-0014-0007.pdf | Detail
Date: 01/30/2007
Source: PACER [Public Access to Court Electronic Records]
ORDER APPROVING STIPULATED PROTECTIVE ORDER SUBJECT TO STATED CONDITIONS [ECF# 42] (N.D. Cal.)
PB-CA-0014-0006.pdf | Detail
Date: 05/14/2007
Source: PACER [Public Access to Court Electronic Records]
ORDER GRANTING MOTION FOR CLASS CERTIFICATION [ECF# 53] (N.D. Cal.)
PB-CA-0014-0011.pdf | Detail
Date: 07/12/2007
Source: PACER [Public Access to Court Electronic Records]
ORDER RE PRELIMINARY APPROVAL OF SETTLEMENT AGREEMENT [ECF# 70] (N.D. Cal.)
PB-CA-0014-0008.pdf | Detail
Date: 11/16/2007
Source: PACER [Public Access to Court Electronic Records]
ORDER RE REQUEST FOR ADMINISTRATIVE RELIEF [ECF# 73] (N.D. Cal.)
PB-CA-0014-0009.pdf | Detail
Date: 11/26/2007
Source: PACER [Public Access to Court Electronic Records]
SETTLEMENT AGREEMENT [ECF# 93]
PB-CA-0014-0013.pdf | Detail
Date: 12/11/2007
Source: PACER [Public Access to Court Electronic Records]
JOINT NOTICE OF MOTION AND MOTION FOR PRELIMINARY APPROVAL OF CLASS SETTLEMENT AGREEMENTS, DIRECTING NOTICE TO THE CLASS, FOR A SCHEDULING ORDER AND FAIRNESS HEARING, AND FOR FINAL APPROVAL OF SETTLEMENT AGREEMENTS [ECF# 83]
PB-CA-0014-0004.pdf | Detail
Date: 04/24/2008
Source: PACER [Public Access to Court Electronic Records]
ORDER GRANTING PRELIMINARY APPROVAL OF SETTLEMENT AGREEMENT, DIRECTING NOTICE TO THE CLASS, FOR A SCHEDULING ORDER AND FAIRNESS HEARING, AND TO VACATE THE TRIAL DATE [ECF# 86] (N.D. Cal.)
PB-CA-0014-0012.pdf | Detail
Date: 05/08/2008
Source: PACER [Public Access to Court Electronic Records]
ORDER GRANTING FINAL APPROVAL OF SETTLEMENT AGREEMENT [ECF# 93] (N.D. Cal.)
PB-CA-0014-0010.pdf | Detail
Date: 09/18/2008
Source: PACER [Public Access to Court Electronic Records]
JOINT CASE MANAGEMENT STATEMENT [ECF# 104]
PB-CA-0014-0003.pdf | Detail
Date: 11/30/2009
Source: PACER [Public Access to Court Electronic Records]
JOINT CASE MANAGEMENT STATEMENT [ECF# 109]
PB-CA-0014-0002.pdf | Detail
Date: 06/09/2010
Source: PACER [Public Access to Court Electronic Records]
Memorandum Opinion Concerning the End of Jurisdiction In This Matter [ECF# 116] (N.D. Cal.)
PB-CA-0014-0014.pdf | Detail
Date: 02/07/2011
Source: PACER [Public Access to Court Electronic Records]
Order Re Modification and Expiration of Settlement Agreement [ECF# 126] (N.D. Cal.)
PB-CA-0014-0015.pdf | Detail
Date: 09/03/2013
Source: PACER [Public Access to Court Electronic Records]
Judges Alsup, William Haskell (N.D. Cal.)
PB-CA-0014-0006 | PB-CA-0014-0007 | PB-CA-0014-0008 | PB-CA-0014-0009 | PB-CA-0014-0010 | PB-CA-0014-0011 | PB-CA-0014-0012 | PB-CA-0014-0014 | PB-CA-0014-0015 | PB-CA-0014-9000
Plaintiff's Lawyers Burnim, Ira Abraham (District of Columbia)
PB-CA-0014-9000
Cummings, Larisa M. (California)
PB-CA-0014-9000
Gelber, Eric R. (California)
PB-CA-0014-0004 | PB-CA-0014-9000
Gershon, Elissa Staci (California)
PB-CA-0014-0001 | PB-CA-0014-0002 | PB-CA-0014-0003 | PB-CA-0014-0004 | PB-CA-0014-0013 | PB-CA-0014-9000
Kramer, Robert F. (California)
PB-CA-0014-9000
Mathis, Jennifer (District of Columbia)
PB-CA-0014-9000
Mayerson, Arlene Brynne (California)
PB-CA-0014-9000
Myers, Gregg Aaron (California)
PB-CA-0014-9000
Siemon, Dorothy (District of Columbia)
PB-CA-0014-9000
Song, Joseph (California)
PB-CA-0014-9000
Stortz, Michael James (California)
PB-CA-0014-0004 | PB-CA-0014-9000
Su, Henry C. (District of Columbia)
PB-CA-0014-9000
Swain, Kimberly C. (California)
PB-CA-0014-0004 | PB-CA-0014-9000
Vignery, Bruce (District of Columbia)
PB-CA-0014-9000
Yee, Silvia (California)
PB-CA-0014-9000
Zirker, Elizabeth Anna (California)
PB-CA-0014-9000
Defendant's Lawyers Emery, James Moxon (California)
PB-CA-0014-0002 | PB-CA-0014-0003 | PB-CA-0014-0013 | PB-CA-0014-9000
Loebs, Blake Philip (California)
PB-CA-0014-0004
Meyers, Beverly R. (California)
PB-CA-0014-0004 | PB-CA-0014-9000
Salisbury, Tracy L. (California)
PB-CA-0014-0004

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