Case: Nelson v. Milwaukee County

2:04-cv-00193 | U.S. District Court for the Eastern District of Wisconsin

Filed Date: Jan. 28, 2004

Closed Date: 2004

Clearinghouse coding complete

Case Summary

On January 28, 2004, residents of adult family homes and community-based residential services who received Family Care services from Milwaukee County filed a lawsuit under the Americans with Disabilities Act and the Rehabilitation Act against Milwaukee County in the Milwaukee County Circuit Court. Defendants removed to the United States District Court for the Eastern District of Wisconsin on February 25, 2004. Plaintiffs, represented by public interest counsel, asked the Court for declaratory…

On January 28, 2004, residents of adult family homes and community-based residential services who received Family Care services from Milwaukee County filed a lawsuit under the Americans with Disabilities Act and the Rehabilitation Act against Milwaukee County in the Milwaukee County Circuit Court. Defendants removed to the United States District Court for the Eastern District of Wisconsin on February 25, 2004. Plaintiffs, represented by public interest counsel, asked the Court for declaratory and injunctive relief, claiming that Milwaukee County pays Plaintiffs' facilities less than other counties pay for comparable services and less than Milwaukee County pays for services for persons not enrolled in Family Care.

On February 7, 2006, the Court (Lynn Adelman) granted in part and denied in part Defendants' motions to dismiss. Specifically, Defendants' motions with respect to claims seeking damages for past conduct were granted.

The Court granted Plaintiffs' motion for class certification on October 13, 2006. Bzdawka v. Milwaukee County, 238 FRD 469 (E.D. Wis. 2006). The class consisted of disabled Milwaukee County residents who are now or will in the future be eligible to reside in a Family Care facility.

On March 27, 2007, the Court (Magistrate Judge Patricia J. Gorence) issued a stay pending possible settlement negotiations.

The Court issued an order preliminarily approving the proposed settlement agreement on August 21, 2007.

The Court executed the Settlement Agreement on October 19, 2007. Among other things, the agreement required Defendants to modify and improve staff training, review, needs assessments, and collaboration.

The case has been closed.

Summary Authors

Haley Waller (5/19/2011)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4640824/parties/gerald-nelson-v-milwaukee-county/


Judge(s)

Adelman, Lynn S. (Wisconsin)

Gorence, Patricia J. (Wisconsin)

Attorney for Plaintiff
Attorney for Defendant

Burke, Mary E. (Wisconsin)

Dudley, David (Wisconsin)

Flanagan, Maureen McGlynn (Wisconsin)

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Documents in the Clearinghouse

Document

2:04-cv-00193

Docket

Oct. 19, 2007

Oct. 19, 2007

Docket
1-2

2:04-cv-00193

NOTICE OF REMOVAL PURSUANT TO TITLE 28 U.S.C. § 1441 & COMPLAINT

Jan. 28, 2003

Jan. 28, 2003

Complaint
8

2:04-cv-00193

BRIEF IN SUPPORT OF MOTION FOR PRELIMINARY INJUNCTION, AN EXPEDITED SCHEDULING CONFERENCE AND FOR PERMISSION TO FILE FIRST AMENDED COMPLAINT

April 9, 2004

April 9, 2004

Pleading / Motion / Brief
15

2:04-cv-00193

DEFENDANT MILWAUKEE COUNTY’S BRIEF IN OPPOSITION TO PLAINTIFFS’ MOTION FOR PRELIMINARY INJUNCTION

April 13, 2004

April 13, 2004

Pleading / Motion / Brief
37

2:04-cv-00193

THIRD AMENDED COMPLAINT

Aug. 19, 2004

Aug. 19, 2004

Complaint
38

2:04-cv-00193

MILWAUKEE COUNTY’S ANSWER TO THIRD AMENDED COMPLAINT

Sept. 10, 2004

Sept. 10, 2004

Pleading / Motion / Brief
71

2:04-cv-00193

STATE DEFENDANTS’ BRIEF IN SUPPORT OF MOTIONS TO DISMISS FOURTH AMENDED COMPLAINT

Nelson v. Milwaukee. County

June 15, 2005

June 15, 2005

Pleading / Motion / Brief
69

2:04-cv-00193

BRIEF IN SUPPORT OF MILWAUKEE COUNTY’S MOTION FOR JUDGMENT ON THE PLEADINGS

June 15, 2005

June 15, 2005

Pleading / Motion / Brief
77

2:04-cv-00193

PLAINTIFFS' BRIEF IN OPPOSITION TO STATE DEFENDANTS' MOTION TO DISMISS AND IN OPPOSITION TO MILWAUKEE COUNTY'S MOTION FOR JUDGMENT ON THE PLEADINGS

July 22, 2005

July 22, 2005

Pleading / Motion / Brief
81-1

2:04-cv-00193

STATE DEFENDANTS’ REPLY BRIEF IN SUPPORT OF MOTIONS TO DISMISS FOURTH AMENDED COMPLAINT

Aug. 5, 2005

Aug. 5, 2005

Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4640824/gerald-nelson-v-milwaukee-county/

Last updated Feb. 18, 2024, 3:09 a.m.

ECF Number Description Date Link Date / Link
86

ORDER signed by Judge Lynn Adelman on 2/7/06 granting in part and denying in part 68 Motion for Judgment on the Pleadings, granting in part and denying in part 70 Motion to Dismiss. (cc: all counsel) (Wesolek, Marie)

Feb. 7, 2006

Feb. 7, 2006

RECAP
106

ORDER signed by Judge Lynn Adelman on 4/5/06 denying 93 Motion for Order, denying 95 Motion to Stay . (cc: all counsel) (Wesolek, Marie) Order with corrected date added on 4/6/2006 and e-mailed to counsel (bet)

2 Order with correct date

View on PACER

April 6, 2006

April 6, 2006

RECAP
125

DECISION AND ORDER signed by Judge Lynn Adelman on 10/13/06 granting 101 plaintiff's motion for class certification. (cc: all counsel) (Adelman, Lynn)

Oct. 13, 2006

Oct. 13, 2006

RECAP
126

SCHEDULING ORDER: signed by Judge Lynn Adelman on 10/18/06. Telephone Scheduling Conference set for 11/30/2006 10:30 AM before Judge Lynn Adelman. (cc: all counsel)(Wesolek, Marie)

Oct. 19, 2006

Oct. 19, 2006

PACER
127

Proposed Discovery Plan and Preconference Report REPORT of Rule 26(f) Plan by all parties. (Attachments: # 1 Protective Order Regarding Disclosure and Use of Health Records and Other Individually Identifiable Health Information)(Flanagan, Maureen)

Nov. 21, 2006

Nov. 21, 2006

PACER
128

LETTER from Maureen McGlynn Flanagan filing Proposed Discovery Plan and Preconference Report. (Attachments: # 1 Certificate of Service by Electronic Filing)(Flanagan, Maureen)

Nov. 21, 2006

Nov. 21, 2006

PACER
129

Docket Annotation - Email sent to Atty Flanagan re Certificate of Service 128 (djd)

Nov. 29, 2006

Nov. 29, 2006

PACER
130

PROTECTIVE ORDER signed by Judge Lynn Adelman on 11/30/06. (cc: all counsel)(Wesolek, Marie)

Nov. 30, 2006

Nov. 30, 2006

PACER
131

Minute Entry for telephonic scheduling conference held 11/30/06 before Judge Lynn Adelman: State to submit proposed scheduling order; Case referred to Magistrate Judge Patricia J Gorence for settlement conference. (djd) (Entered: 12/01/2006)

Nov. 30, 2006

Nov. 30, 2006

PACER
132

PROPOSED Rule 16(b) Scheduling Order filed by all parties. (Attachments: # 1 Cover Letter to proposed Rule 16(b) Scheduling Order)(Burke, Mary)

Dec. 1, 2006

Dec. 1, 2006

PACER
133

CERTIFICATE OF SERVICE by all parties proposed Rule 16(b) Scheduling Order (Burke, Mary)

Dec. 1, 2006

Dec. 1, 2006

PACER
134

SCHEDULING ORDER: signed by Judge Lynn Adelman on 12/4/06.Discovery due by 1/4/2007,Plaintiffs Expert Witness List due by 4/16/2007,Defendants Expert Witness List due by 7/16/2007, summary judgment motions due by 11/1/2007. See order for more dates. (cc: all counsel)(Wesolek, Marie)

Dec. 4, 2006

Dec. 4, 2006

PACER
135

ORDER REFERRING CASE to Magistrate Judge Patricia J Gorence to conduct mediation signed by Judge Lynn Adelman on 12/4/06. (cc: all counsel)(Wesolek, Marie)

Dec. 4, 2006

Dec. 4, 2006

PACER
136

ORDER signed by Judge Patricia J Gorence on 12/5/06. Mediation Hearing set for 1/5/2007 09:15 AM before Magistrate Judge Patricia J Gorence. (cc: all counsel)(cms) (Entered: 12/06/2006)

Dec. 5, 2006

Dec. 5, 2006

PACER
137

LETTER from Robert Pledl regarding Mediation Schedule. (Pledl, Robert)

Dec. 15, 2006

Dec. 15, 2006

PACER
138

NOTICE of Hearing: (cc: all counsel) Telephone Status Conference set for 12/19/2006 03:00 PM before Magistrate Judge Patricia J Gorence. (cms)

Dec. 18, 2006

Dec. 18, 2006

PACER
139

Minute Entry for proceedings held before Judge Patricia J Gorence : Telephone Conference held on 12/19/2006 Mediation Hearing reset for 2/26/2007 10:00 AM before Magistrate Judge Patricia J Gorence. Court discusses the case and preparation for mediation however another telephone conference was set for 12/20/06 to discuss matters further.(Tape #3:09:24 - 3:34:23) (cms) (Entered: 12/20/2006)

Dec. 19, 2006

Dec. 19, 2006

PACER
140

Minute Entry for proceedings held before Judge Patricia J Gorence : Telephone Conference held on 12/21/2006; court discusses the mediation. Plaintiff shall provide the names of possible participants in the mediation to the defendants' by 1/3/07. The defendants shall provide a response by 1/10/07. (Tape #2:36:20 - 2:57:01) (cms) Modified on 12/21/2006 to attach correct minute entry (cms).

Dec. 21, 2006

Dec. 21, 2006

PACER
141

ORDER signed by Judge Patricia J Gorence on 12/21/06. Mediation Hearing set for 2/26/2007 10:00 AM before Magistrate Judge Patricia J Gorence. (cc: all counsel)(cms)

Dec. 21, 2006

Dec. 21, 2006

PACER
142

LETTER from Atty Pledl re correcting ECF (ECF corrected - Plntfs John Gorton and Gerald Nelson termed) (djd)

Jan. 4, 2007

Jan. 4, 2007

PACER
143

MOTION to Substitute Party Motion to Substitute Named Defendant by Helene Nelson. (Burke, Mary)

Feb. 2, 2007

Feb. 2, 2007

PACER
144

PROPOSED Order Substituting Kevin Hayden as Defendant filed by Helene Nelson. (Burke, Mary)

Feb. 2, 2007

Feb. 2, 2007

PACER
145

CERTIFICATE OF SERVICE by Helene Nelson (Burke, Mary)

Feb. 2, 2007

Feb. 2, 2007

PACER
146

Docket Annotation - Email sent to Atty Burke re 143 and 144 (djd)

Feb. 2, 2007

Feb. 2, 2007

PACER
147

ORDER signed by Judge Lynn Adelman on 2/7/07 granting 143 Motion to Substitute Party. Kevin Hayden added. Helene Nelson terminated. (cc: all counsel) (Wesolek, Marie)

Feb. 8, 2007

Feb. 8, 2007

PACER
148

LETTER. (Jorgensen, John)

Feb. 15, 2007

Feb. 15, 2007

PACER
149

NOTICE of Hearing: (cc: all counsel) Mediation Hearing continued to 3/27/2007 10:00 AM before Magistrate Judge Patricia J Gorence. (cms) (Entered: 02/27/2007)

Feb. 26, 2007

Feb. 26, 2007

PACER
150

Minute Entry for proceedings held before Judge Patricia J Gorence : Mediation Hearing held on 2/26/2007. Mediation continued to 03/27/07 at 10:00 a.m. (jac, Patricia J Gorence) (Entered: 02/27/2007)

Feb. 26, 2007

Feb. 26, 2007

PACER
151

Minute Entry for proceedings held before Judge Patricia J Gorence : Telephone Conference held on 3/27/2007; parties have settled the case except for the attorneys fees. They are still trying to work that part out. The parties will notify the court in writing by 4/26/07 as to whether or not they have settled the case. (Tape #10:05:58 - 10:15:20) (cms)

March 27, 2007

March 27, 2007

PACER
152

ORDER signed by Judge Patricia J Gorence on 3/27/07. (cc: all counsel)(cms)

March 27, 2007

March 27, 2007

PACER
153

LETTER from Mary E. Burke Attorney's fees settlement discussions. (Burke, Mary)

April 25, 2007

April 25, 2007

PACER
154

LETTER from Mary E. Burke re: conference call on 5/25/07 at 2:00 p.m.. (Burke, Mary)

May 24, 2007

May 24, 2007

PACER
155

Minute Entry for proceedings held before Judge Patricia J Gorence : Telephone Conference held on 5/25/2007; the parties agree on the atty's fees and costs. The county needs to get approval from the county board. Parties will notify the court upon completion of that. Parties will also email the Judge the proposed settlement order. (Tape #2:05:10 - 2:15:41) (cms) (Entered: 05/29/2007)

May 25, 2007

May 25, 2007

PACER
156

LETTER from John Jorgensen. (Jorgensen, John)

June 27, 2007

June 27, 2007

PACER
157

SCHEDULING ORDER: signed by Judge Lynn Adelman on 7/16/07. Telephonic Status Conference set for 7/31/2007 11:30 AM before Judge Lynn Adelman. (cc: all counsel)(Wesolek, Marie)

July 16, 2007

July 16, 2007

PACER
158

LETTER from Milwaukee County. (Jorgensen, John)

July 27, 2007

July 27, 2007

PACER
159

Minute Entry for telephonic status conference held 7/31/07 before Judge Lynn Adelman: Parties to file joint motion for preliminary approval by 8/14/07; Assuming Court grants motion, Fairness Hearing will be set for 10/19/2007 01:30 PM before Judge Lynn Adelman. (djd) (Entered: 08/01/2007)

July 31, 2007

July 31, 2007

PACER
160

ORDER signed by Judge Patricia J. Gorence on 08/01/07 returning case to Judge Adelman for entry of dismissal order. Case no longer referred to Patricia J Gorence. (cc: all counsel)(jac, Patricia J Gorence)

Aug. 1, 2007

Aug. 1, 2007

PACER
161

Joint MOTION for Settlement Preliminary and Final Approval of the Settlement Agreement, and for an Order Directing Distribution of Notice of Proposed Settlement Agreement and Scheduling Fairness Hearing by Kevin Hayden, Wisconsin Department of Health and Family Services. (Burke, Mary)

Aug. 14, 2007

Aug. 14, 2007

PACER
162

BRIEF in Support filed by Kevin Hayden, Wisconsin Department of Health and Family Services re 161 Joint MOTION for Settlement Preliminary and Final Approval of the Settlement Agreement, and for an Order Directing Distribution of Notice of Proposed Settlement Agreement and Scheduling Fairness Hearing. (Burke, Mary)

Aug. 14, 2007

Aug. 14, 2007

PACER
163

PROPOSED Proposed Order Preliminarily Approving the Proposed Settlement Agreement, Directing Distribution of the Notice of Proposed Settlement Agreement, and Scheduling Fairness Hearing filed by Kevin Hayden, Wisconsin Department of Health and Family Services. (Burke, Mary)

Aug. 14, 2007

Aug. 14, 2007

PACER
164

CERTIFICATE OF SERVICE by Kevin Hayden, Wisconsin Department of Health and Family Services filing Joint Motion and Memorandum for Preliminary and Final Approval of the Settlement Agreement (Burke, Mary)

Aug. 14, 2007

Aug. 14, 2007

PACER
165

ORDER preliminarily approving proposed settlement, directing distribution of notice of proposed settlement and schedule of fairness hearing signed by Judge Lynn Adelman on 8/21/07. See order for dates and deadlines. (cc: all counsel)(Wesolek, Marie)

Aug. 21, 2007

Aug. 21, 2007

PACER

Set/Reset Hearings: Fairness Hearing set for 10/19/2007 01:30 PM in Courtroom 390 before Judge Lynn Adelman. (djd)

Aug. 21, 2007

Aug. 21, 2007

PACER
166

AFFIDAVIT of of Mailing by Robert Theine Pledl. (Pledl, Robert)

Sept. 19, 2007

Sept. 19, 2007

PACER
167

MOTION to Modify Schedule by all plaintiffs. (Pledl, Robert)

Sept. 21, 2007

Sept. 21, 2007

PACER
168

Letter REQUEST by Estella Stewart to speak at hearing. (djd)

Sept. 24, 2007

Sept. 24, 2007

PACER

MARGIN ORDER to doc. #167 approving dates set forth, WITH EXCEPTION OF telephone status conference, signed by Judge Lynn Adelman on 9/24/07. Telephone conference is set for 10/12/07 at 4:00 p.m. The court will initiate the call. (cc: all counsel) (Wesolek, Marie)

Sept. 24, 2007

Sept. 24, 2007

PACER
169

LETTER from Rinda McClendon. (djd)

Sept. 24, 2007

Sept. 24, 2007

PACER
170

LETTER from Jessie Larson, POA for Edna Craven. (djd)

Sept. 25, 2007

Sept. 25, 2007

PACER
171

LETTERS from Bonnie Vanlandingham. (djd) (Entered: 09/26/2007)

Sept. 25, 2007

Sept. 25, 2007

PACER
172

BRIEF in Support filed by Kevin Hayden, Wisconsin Department of Health and Family Services re 161 Joint MOTION for Settlement Preliminary and Final Approval of the Settlement Agreement, and for an Order Directing Distribution of Notice of Proposed Settlement Agreement and Scheduling Fairness Hearing State Defendants' Memorandum in Support of Joint Motion for Approval of Settlement Agreement. (Burke, Mary)

Sept. 26, 2007

Sept. 26, 2007

PACER
173

Proposed Findings of Fact by Kevin Hayden, Wisconsin Department of Health and Family Services (Burke, Mary)

Sept. 26, 2007

Sept. 26, 2007

PACER
174

AFFIDAVIT of Mary E. Burke. (Burke, Mary)

Sept. 26, 2007

Sept. 26, 2007

PACER
175

AFFIDAVIT of Hollister Chase. (Burke, Mary)

Sept. 26, 2007

Sept. 26, 2007

PACER
176

AFFIDAVIT of Patricia Chiazor. (Burke, Mary)

Sept. 26, 2007

Sept. 26, 2007

PACER
177

AFFIDAVIT of David Dudley. (Burke, Mary)

Sept. 26, 2007

Sept. 26, 2007

PACER
178

AFFIDAVIT of Maureen McGlynn Flanagan. (Burke, Mary)

Sept. 26, 2007

Sept. 26, 2007

PACER
179

CERTIFICATE OF SERVICE by Kevin Hayden, Wisconsin Department of Health and Family Services (Burke, Mary)

Sept. 26, 2007

Sept. 26, 2007

PACER
180

BRIEF in Support filed by Milwaukee County re 161 Joint MOTION for Settlement Preliminary and Final Approval of the Settlement Agreement, and for an Order Directing Distribution of Notice of Proposed Settlement Agreement and Scheduling Fairness Hearing. (Jorgensen, John)

Sept. 26, 2007

Sept. 26, 2007

PACER
181

AFFIDAVIT of James Hennen re: notice to class members. (Jorgensen, John)

Sept. 26, 2007

Sept. 26, 2007

PACER
182

Fourth AFFIDAVIT of Robert Theine Pledl. (Pledl, Robert)

Sept. 26, 2007

Sept. 26, 2007

PACER
183

BRIEF in Support filed by all plaintiffs re 161 Joint MOTION for Settlement Preliminary and Final Approval of the Settlement Agreement, and for an Order Directing Distribution of Notice of Proposed Settlement Agreement and Scheduling Fairness Hearing. (Pledl, Robert)

Sept. 26, 2007

Sept. 26, 2007

PACER
184

LETTER from Patricia Bernethy. (djd) (Entered: 10/03/2007)

Oct. 2, 2007

Oct. 2, 2007

PACER
185

AFFIDAVIT of Monica Deignan. (Burke, Mary)

Oct. 9, 2007

Oct. 9, 2007

PACER
186

REPLY BRIEF in Support filed by Kevin Hayden, Milwaukee County, Wisconsin Department of Health and Family Services re 161 Joint MOTION for Settlement Preliminary and Final Approval of the Settlement Agreement, and for an Order Directing Distribution of Notice of Proposed Settlement Agreement and Scheduling Fairness Hearing State Defendants' Supplemental Proposed Findings of Fact and Supplemental Argument in Support of the Proposed Settlement Agreement. (Burke, Mary)

Oct. 9, 2007

Oct. 9, 2007

PACER
187

CERTIFICATE OF SERVICE by Kevin Hayden, Milwaukee County, Wisconsin Department of Health and Family Services (Burke, Mary)

Oct. 9, 2007

Oct. 9, 2007

PACER
188

Fifth AFFIDAVIT of Robert Theine Pledl. (Pledl, Robert)

Oct. 9, 2007

Oct. 9, 2007

PACER
189

Minute Entry for telephonic status conference held 10/12/07 before Judge Lynn Adelman: Parties and Court agreed on procedure for next week's hearing (djd) (Entered: 10/15/2007)

Oct. 12, 2007

Oct. 12, 2007

PACER
190

Minute Entry for settlement conference/fairness hearing held 10/18/07 before Judge Lynn Adelman. Court adopted parties' proposed findings of fact & conclusions of law. Court approved class settlement. This case is closed. (Court Reporter Cheryl Stawski) (djd) (Entered: 10/22/2007)

Oct. 18, 2007

Oct. 18, 2007

PACER
191

SETTLEMENT AGREEMENT signed by Judge Lynn Adelman on 10/19/07. Case Terminated. (cc: all counsel)(djd) (Entered: 10/22/2007)

Oct. 19, 2007

Oct. 19, 2007

PACER

Case Details

State / Territory: Wisconsin

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Olmstead Cases

Multi-LexSum (in sample)

Key Dates

Filing Date: Jan. 28, 2004

Closing Date: 2004

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Residents of adult family homes and community-based residential services who received Family Care services from Milwaukee County.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Legal Services/Legal Aid

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Milwaukee County, County

Case Details

Causes of Action:

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

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

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