Case: Felix v. Lingle

1:93-cv-00367 | U.S. District Court for the District of Hawaii

Filed Date: May 4, 1993

Closed Date: June 1, 2005

Clearinghouse coding complete

Case Summary

In May 1993, a class of over 13,000 children with disabilities residing in Hawaii sued the state, in the U.S. District Court for the District of Hawaii, for failing to provide educational and mental health services to students. The plaintiffs were represented by the Hawaii Disability Rights Center and private counsel. On May 24, 1994 U.S. District Court Judge Ezra found the State liable for its failure to provide services to plaintiff class under the Individuals with Disabilities Education Ac…

In May 1993, a class of over 13,000 children with disabilities residing in Hawaii sued the state, in the U.S. District Court for the District of Hawaii, for failing to provide educational and mental health services to students. The plaintiffs were represented by the Hawaii Disability Rights Center and private counsel.

On May 24, 1994 U.S. District Court Judge Ezra found the State liable for its failure to provide services to plaintiff class under the Individuals with Disabilities Education Act (IDEA) and the Rehabilitation Act of 1973, Section 504.

The parties reached a settlement agreement in October 1994, which provided that Hawaii develop educational and mental health supports and services, programs, and placement in accordance with the IDEA and Section 504. This was approved by the Court on October 25; Judge Ezra appointed a special master and a court monitor to facilitate compliance.

The terms of the decree included:

  • The Departments of Education and Health were named responsible agencies but were obligated to form partnerships with other state and private agencies.

  • The State is required to establish a system of care of programs, placements, services, and an organizational and managerial infrastructure to support it.

  • The State was required to develop an implementation plan within seven months.

  • The State was required to establish maintenance of service programs as measured by May 1994 appropriations.

  • Full implementation was to be complete by June 30, 2000.

  • The state agreed to pay all costs for the court monitor, the technical assistance panel, plaintiff counsel, and the special master.

The plan was subsequently amended in August 1996 and December 1998.

On May 30, 2000 Judge Ezra found the State in contempt for failing to design and implement the system of care stipulated in the consent

decree. The Court added requirements to the decree that Hawaii meet infrastructure and initial performance benchmarks. The Court also ordered monitoring to verify improvements and compliance.

At this point, the Hawaii Legislature initiated an investigation into fiscal issues related to the consent decree. The state Office of Auditor assisted in the investigation by providing reports on use of funds by the Departments of Health and Education. The Office of Auditor recommended that the Departments implement coordinated capabilities for reporting and analysis of costs, including the use of consistent measurements for children's progress to ensure that health services were effective in meeting educational goals.

Because Hawaii had substantially complied with the Consent Decree by September 2002, the Court shifted the burden of monitoring to the state Department of Education and Health. In April 2004, the State met its obligation and the Consent Decree was terminated after an additional five quarters of reporting on key indicators.

None of the documents for this case are available via PACER, except the docket sheet. And there are no opinions available online, either. There is, however, a great deal of information available at this site, also linked below. Much of the summary above is based on the December 2001 audit posted there (and also here in the Clearinghouse).

Summary Authors

Elizabeth Homan (10/29/2012)

People


Judge(s)
Attorney for Plaintiff

Carroll, Benjamin L. (Hawaii)

Attorney for Defendant

Aina, Charleen (Hawaii)

Chang, Steven K. (Hawaii)

Chiu, Joelle K. (Hawaii)

Expert/Monitor/Master/Other

Bennett, Mark Jeremy (Hawaii)

show all people

Documents in the Clearinghouse

Document

1:93-cv-00367

Docket

May 31, 2005

May 31, 2005

Docket
1

1:93-cv-00367

Complaint

Felix v. Waihee

May 4, 1993

May 4, 1993

Complaint

1:93-cv-00367

Assessment of the State is Efforts Related to the Felix Consent Decree

Felix v. Waihee

Dec. 1, 1998

Dec. 1, 1998

Monitor/Expert/Receiver Report

Legislative Report

Felix v. Cayetano

No Court

Dec. 1, 2001

Dec. 1, 2001

Findings Letter/Report

1:93-cv-00367

Follow-Up and Management Audit of the Felix Consent Decree

Felix v. Cayetano

No Court

Dec. 17, 2001

Dec. 17, 2001

Monitor/Expert/Receiver Report

Report of the Joint Senate-House Investigative Committee to Investigate the State's Compliance With the Felix Consent Decree

Felix v. Cayetano

No Court

Dec. 26, 2001

Dec. 26, 2001

Findings Letter/Report

Legislative Report

No Court

None

None

Findings Letter/Report

Docket

Last updated Jan. 21, 2024, 3:01 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT for declaratory and injunctive relief; (Summons(es) issued) (ma) (Entered: 05/17/1993)

May 4, 1993

May 4, 1993

2

ORDER by Judge Alan C. Kay rule 16 conference set for 8:30 8/2/93 before Mag Judge Francis I. Yamashita (ma) (Entered: 05/17/1993)

May 4, 1993

May 4, 1993

3

RETURN OF SERVICE executed upon defendant John Waihee in his official capacity on 5/5/93 (ma) (Entered: 05/17/1993)

May 5, 1993

May 5, 1993

4

RETURN OF SERVICE executed upon defendant Charles Toguchi in his official capacity on 5/5/93 (ma) (Entered: 05/17/1993)

May 5, 1993

May 5, 1993

5

RETURN OF SERVICE executed upon defendant Charles Toguchi, individually, on 5/5/93 (ma) (Entered: 05/17/1993)

May 5, 1993

May 5, 1993

6

RETURN OF SERVICE executed upon defendant John C. Lewin, in his official capacity, on 5/5/93 (ma) (Entered: 05/17/1993)

May 5, 1993

May 5, 1993

7

RETURN OF SERVICE executed upon defendant John C. Lewin, individually, on 5/5/93 (ma) (Entered: 05/17/1993)

May 5, 1993

May 5, 1993

8

STIPULATION by defendant John Waihee, defendant Charles Toguchi, defendant John C. Lewin to extend time to answer and ORDER by Judge David A. Ezra − [extended to 6/23/93] (wnn) (Entered: 06/02/1993)

June 2, 1993

June 2, 1993

9

STIPULATION and ORDER by Mag Judge Francis I. Yamashita : to proceed without disclosure of plaintiffs' full names (wnn) (Entered: 06/08/1993)

June 3, 1993

June 3, 1993

10

EO : rule 16 conference moved to 8:30 8/30/93 before Mag Judge Francis I. Yamashita ; (working on informal settlement); Ms. Charlene Aina to notify all parties ( Ct Rptr : ) JUDGE Mag Judge Francis I. Yamashita (tbf) (Entered: 07/23/1993)

July 21, 1993

July 21, 1993

12

First AMENDED COMPLAINT for declaratory and injunctive relief [1−1] by plaintiff; adding Waikiki Health Cente, HI Public Health Ass, HI Psychiatric Medic, Pacific Head Injury (tbf) (Entered: 08/06/1993)

Aug. 2, 1993

Aug. 2, 1993

13

SCHEDULING CONFERENCE STATEMENT; certificate of service by defendant John Waihee, defendant Charles Toguchi, defendant John C. Lewin (tbf) (Entered: 08/23/1993)

Aug. 19, 1993

Aug. 19, 1993

14

SCHEDULING CONFERENCE STATEMENT by plaintiff (tbf) (Entered: 08/24/1993)

Aug. 23, 1993

Aug. 23, 1993

15

EP : ; rule 16 conference held on 8:30 8/30/93 ; Trial set for 9:00 5/3/94 before Judge David A. Ezra , ; final pretrial conference set for 8:30 3/25/94 ; pretrial stmt 3/18/94; disclosure of non expert witnesses for pltf 2/3/94; deft 3/3/94; disclosure of expert witnesses 2/3/94; file m/join additional parties/amend pleadings 12/22/93; Motion filing ddl set for 2/3/94 ; Discovery ddl set for 4/1/94 before Mag Judge Francis I. Yamashita ( Ct Rptr : No Record) JUDGE Mag Judge Barry M. Kurren (tbf) (Entered: 08/31/1993)

Aug. 30, 1993

Aug. 30, 1993

15

EP : ; status conference set for 9:00 12/22/93 before Mag Judge Francis I. Yamashita ( Ct Rptr : No Record) JUDGE Mag Judge Francis I. Yamashita (tbf) (Entered: 08/31/1993)

Aug. 30, 1993

Aug. 30, 1993

16

REPORT OF SCHEDULING CONFERENCE AND ORDER Mag Judge Francis I. Yamashita (tbf) (Entered: 08/31/1993)

Aug. 30, 1993

Aug. 30, 1993

17

CERTIFICATE of service (wnn) (Entered: 11/10/1993)

Nov. 4, 1993

Nov. 4, 1993

18

SECOND AMENDED COMPLAINT [12−1]; adding Natl Assoc Social Wo, Kihei Youth Center, Hi Youth Services Ne, Hi Psychological Assoc, Hawaii Council of Ch, Hi Council of Child, Hi Families As Allies; certificate of service (wnn) (Entered: 11/30/1993)

Nov. 24, 1993

Nov. 24, 1993

19

ANSWER by defendant John Waihee, defendant Charles Toguchi, defendant John C. Lewin to second amended complaint [18−1]; certificate of service (wnn) (Entered: 12/16/1993)

Dec. 14, 1993

Dec. 14, 1993

20

CERTIFICATE of service (wnn) (Entered: 12/16/1993)

Dec. 15, 1993

Dec. 15, 1993

21

NOTICE OF MOTION and motion by plaintiff for class certification ; memorandum in support of motion; declaration of Shelby Anne Floyd; declaration of Carl M. Varady; declaration of Jennifer Schember−Lang; declaration of Susan Cooper; exhibits "a"−"c"; certificate of service − set for 9:45 2/14/94 before Judge David A. Ezra (tbf) (Entered: 12/21/1993)

Dec. 16, 1993

Dec. 16, 1993

22

EP : ; status conference held 12/22/93 before Mag Judge Francis I. Yamashita − settlement negotiations broke down; a m/class certification filed and set sometime in Feb 1994; also a m/preliminary injunction and m/summary judgment to be filed by pltf and set sometime in March; also a m/sj to be filed by the deft; motions cutoff date to be extended (date to be worked out between parties); any access to files to be stipulated to by Mr. Seitz and Ms. Aina ( Ct Rptr : No Record) JUDGE Mag Judge Francis I. Yamashita (tbf) (Entered: 12/27/1993)

Dec. 22, 1993

Dec. 22, 1993

23

NOTICE of hearing: continuing hearing on motion for class certification [21−1] from 9:45 2/14/94 to 9:45 2/28/94 (cc: all counsel) (wnn) (Entered: 12/29/1993)

Dec. 27, 1993

Dec. 27, 1993

24

EX PARTE MOTION and PROPOSED Order by plaintiff for leave to file brief in excess of 30 pages ; declartion of Shelby Anne Floyd; certificate of service (wnn) (Entered: 12/29/1993)

Dec. 29, 1993

Dec. 29, 1993

25

NOTICE OF MOTION and motion by plaintiff for partial summary judgment and for preliminary injunction ; memorandum in support of motion; declaration of Shelby Anne Floyd; affidavit of Eric A. Seitz; exhibits "A"−"Y"; certificate of service − set for 9:00 3/28/94 before Judge David A. Ezra (wnn) (Entered: 12/29/1993)

Dec. 29, 1993

Dec. 29, 1993

27

STIPULATION for filing exhibit under seal − exhibit y to pltf's m/psj and for pi − by Judge David A. Ezra : re [25−1] − on behalf of pltfs (tbf) (Entered: 01/04/1994)

Dec. 30, 1993

Dec. 30, 1993

28

EXHIBIT y to plaintiffs' motion for partial summary judgment and for preliminary injunction − SEALED − on behalf of plaintiff (tbf) (Entered: 01/04/1994)

Dec. 30, 1993

Dec. 30, 1993

29

EX PARTE MOTION for leave to file brief in excess of 30 pages; declaration of Shelby Anne Floyd; Order; certificate of service − by Judge David A. Ezra by plaintiff re [25−1] (tbf) (Entered: 01/04/1994)

Jan. 3, 1994

Jan. 3, 1994

30

EO : ; discovery conference set for 1:30 1/18/94 before Mag Judge Francis I. Yamashita ; Mr. Seitz's secretary to notify all parties ( Ct Rptr : ) JUDGE Mag Judge Francis I. Yamashita (tbf) (Entered: 01/13/1994)

Jan. 11, 1994

Jan. 11, 1994

31

STIPULATION to continue hearing on pltfs' motion for partial summary judgment and for preliminary injunction; order − by Judge David A. Ezra : setting hearing on motion for partial summary judgment and for preliminary injunction [25−1] 9:00 4/4/94 − on behalf of defts (tbf) (Entered: 01/13/1994)

Jan. 12, 1994

Jan. 12, 1994

32

ORDER to Department of Health for release of records − by Mag Judge Francis I. Yamashita − on behalf of pltfs (tbf) (Entered: 01/21/1994)

Jan. 18, 1994

Jan. 18, 1994

33

EP : ; discovery conference held 1/18/94 before Mag Judge Francis I. Yamashita − order to dept of Health for release of records submitted ( Ct Rptr : No Record) JUDGE Mag Judge Francis I. Yamashita (tbf) (Entered: 01/27/1994)

Jan. 18, 1994

Jan. 18, 1994

34

EO : ; discovery conference set for 8:30 1/25/94 before Mag Judge Francis I. Yamashita ; Mr. Chang to notify all parties ( Ct Rptr : ) JUDGE Mag Judge Francis I. Yamashita (tbf) (Entered: 01/27/1994)

Jan. 24, 1994

Jan. 24, 1994

35

EX PARTE MOTION to shorten time for hearing on motion for discovery order; declaration of Mary Martin; order; certificate of service − DENIED by Mag Judge Francis I. Yamashita by plaintiff (tbf) (Entered: 02/01/1994)

Jan. 27, 1994

Jan. 27, 1994

36

EP : ; discovery conference held 1/28/94 before Mag Judge Francis I. Yamashita − all issues resolved by court ( Ct Rptr : No Record) JUDGE Mag Judge Francis I. Yamashita (tbf) (Entered: 02/02/1994)

Jan. 28, 1994

Jan. 28, 1994

39

EP : Discovery conference held before Mag Judge Francis I. Yamashita ( Ct Rptr : In chambers) JUDGE Mag Judge Francis I. Yamashita (wnn) (Entered: 02/11/1994)

Feb. 1, 1994

Feb. 1, 1994

37

NOTICE OF MOTION and motion by defendant for protective order or, alternatively, for an order vacating notice of deposition ; declaration of Charleen M. Aina; declaration of Lawrence M. Reinfurth; (proposed) order; certificate of service − set for 10:00 2/8/94 before Mag Judge Francis I. Yamashita (tbf) (Entered: 02/04/1994)

Feb. 2, 1994

Feb. 2, 1994

40

DISCLOSURE of expert witness by plaintiffs; certificate of service (wnn) (Entered: 02/11/1994)

Feb. 3, 1994

Feb. 3, 1994

41

DISCLOSURE of non−expert witness by plaintiffs; exhibit 1; certificate of service (wnn) (Entered: 02/11/1994)

Feb. 3, 1994

Feb. 3, 1994

38

DISCLOSURE of expert witnesses; certificate of service by defendant (tbf) (Entered: 02/04/1994)

Feb. 3, 1994

Feb. 3, 1994

42

EP :granting motion for protective order or, alternatively, for an order vacating notice of deposition [37−1]. the m/quash subpoena denied w/out prejudice subject to renewal with leave of court. ( Ct Rptr : tape) JUDGE Mag Judge Francis I. Yamashita (wnn) (Entered: 02/11/1994)

Feb. 8, 1994

Feb. 8, 1994

43

MEMORANDUM by defendant John Waihee, defendant Charles Toguchi, defendant John C. Lewin in opposition to motion for class certification [21−1]; affidavit of Dr. Margaret Donovan; declaration of Kevin Pyle, Ph.D.; certificate of service (wnn) (Entered: 02/15/1994)

Feb. 10, 1994

Feb. 10, 1994

44

DISCOVERY ORDER by Mag Judge Francis I. Yamashita regarding release of education records and access to department of Health and department of Education records (wnn) (Entered: 02/16/1994)

Feb. 16, 1994

Feb. 16, 1994

46

REPLY by plaintiff to response to motion for class certification [21−1]; exhibit A (wnn) (Entered: 02/18/1994)

Feb. 17, 1994

Feb. 17, 1994

47

ORDER by Mag Judge Francis I. Yamashita granting motion for protective order or, alternatively, for an order vacating notice of deposition [37−1] (wnn) (Entered: 02/18/1994)

Feb. 18, 1994

Feb. 18, 1994

48

EP :taking under advisement on the motion for class certification [21−1] ( Ct Rptr : SP) JUDGE Judge David A. Ezra (tbf) (Entered: 03/01/1994)

Feb. 28, 1994

Feb. 28, 1994

49

DISCLOSURE of non−expert witnesses by defendant; certificate of service (wnn) (Entered: 03/07/1994)

March 3, 1994

March 3, 1994

50

NOTICE OF MOTION and motion by defendant John Waihee, defendant Charles Toguchi, defendant John C. Lewin to dismiss or for partial summary judgment ; declaration of Neal Mazer; exhibit "A"; declaration of Heidi A. Rian; exhibits "A"−"M"; affidavit of Dr. Margaret Donovan; delcaration of Patricia Ishihara; exhibits "A" and "B"; declaration of Dr. Robert E. Campbell; exhibit "A"; declaration of Gary Sakima; exhibits "A"−"B"; certificate of service − set for 9:00 4/4/94 before Judge David A. Ezra (wnn) (Entered: 03/08/1994)

March 7, 1994

March 7, 1994

51

ORDER by Judge David A. Ezra granting motion for class certification [21−1] (cc: all counsel) (wnn) (Entered: 03/08/1994)

March 8, 1994

March 8, 1994

52

ORDER by Judge David A. Ezra amending this court's "Order granting motion to certify class." filed 3/8/94 (cc: all counsel) (wnn) (Entered: 03/15/1994)

March 10, 1994

March 10, 1994

53

STIPULATION and ORDER by Mag Judge Francis I. Yamashita : concerning discovery (wnn) (Entered: 03/15/1994)

March 14, 1994

March 14, 1994

54

NOTICE of hearing: motion for preliminary injunction set for 9:00 4/4/94 continued to 9:00 4/18/94 before judge Samuel Conti (cc: all counsel) (wnn) (Entered: 03/15/1994)

March 14, 1994

March 14, 1994

55

MEMORANDUM by plaintiff in opposition to motion to dismiss or for partial summary judgment [50−1]; exhibits A−P; certificate of service (wnn) (Entered: 03/17/1994)

March 17, 1994

March 17, 1994

56

EO : ; final pretrial conference set for 3/25/94 moved to 8:30 4/7/94 before Mag Judge Francis I. Yamashita . Mr. Seitz to notify all parties. ( Ct Rptr : ) JUDGE Mag Judge Francis I. Yamashita (wnn) (Entered: 03/30/1994)

March 18, 1994

March 18, 1994

57

CERTIFICATE of service (wnn) (Entered: 03/30/1994)

March 21, 1994

March 21, 1994

58

CERTIFICATE of service (wnn) (Entered: 03/30/1994)

March 22, 1994

March 22, 1994

59

STIPULATION and ORDER by Judge Samuel Conti : continuing hearing on motion for partial summary judgment and for preliminary injunction [25−1] to 9:00 4/18/94, continuing hearing on motion to dismiss or for partial summary judgment [50−1] to 9:00 4/18/94 ; Trial set for 9:00 6/1/94 before Judge David A. Ezra , ; final pretrial conference set for 3/23/94 before Mag Judge Francis I. Yamashita vacated. (wnn) (Entered: 03/30/1994)

March 23, 1994

March 23, 1994

60

CERTIFICATE of service (wnn) (Entered: 04/01/1994)

March 30, 1994

March 30, 1994

61

MEMORANDUM by defendant in opposition to motion for partial summary judgment and for preliminary injunction [25−1]; declaration of Dr. Leonore B. Behar; exhibit "A"; affidavit of Dr. Margaret A. Donovan; exhibits "AA"−"FF"; declaration of Heidi M. Rian; exhibits "A"−"D"; certificate of service (wnn) (Entered: 04/01/1994)

March 31, 1994

March 31, 1994

63

CERTIFICATE of service (tbf) (Entered: 04/04/1994)

April 4, 1994

April 4, 1994

64

CERTIFICATE of service (tbf) (Entered: 04/04/1994)

April 4, 1994

April 4, 1994

65

CERTIFICATE of service (tbf) (Entered: 04/04/1994)

April 4, 1994

April 4, 1994

66

CERTIFICATE of service (tbf) (Entered: 04/04/1994)

April 4, 1994

April 4, 1994

67

CERTIFICATE of service (tbf) (Entered: 04/06/1994)

April 4, 1994

April 4, 1994

68

CERTIFICATE of service (tbf) (Entered: 04/06/1994)

April 5, 1994

April 5, 1994

69

CERTIFICATE of service (tbf) (Entered: 04/06/1994)

April 5, 1994

April 5, 1994

70

CERTIFICATE of service (tbf) (Entered: 04/06/1994)

April 5, 1994

April 5, 1994

71

REPLY by defendant to pltfs' memorandum in opposition to defts' motion to dismiss or for partial summary judgment; certificate of service re [50−1] (tbf) (Entered: 04/08/1994)

April 7, 1994

April 7, 1994

72

DECLARATION by defendant of Heidi M. Rian; exhibits "a" and "b"; certificate of service (tbf) (Entered: 04/08/1994)

April 7, 1994

April 7, 1994

73

Supplemental MEMORANDUM by plaintiff in support of motion for partial summary judgment and for preliminary injunction [25−1]; exhibits a−l; declaration of Dr. Ivor Groves; exhibits a−l; declaration of Shelby Anne Floyd; exhibits 1−5; certificate of service (tbf) (Entered: 04/11/1994)

April 8, 1994

April 8, 1994

76

STIPULATION to amend scheduling conference order to extend discovery cut−off deadline; ORDER by Mag Judge Francis I. Yamashita : ; Discovery ddl set for 5/1/94 before Mag Judge Francis I. Yamashita − on behalf of defts (tbf) (Entered: 04/13/1994)

April 8, 1994

April 8, 1994

74

EXHIBIT f to declaration of Ivor Groves − SEALED on behalf of plaintiff [73−1] (tbf) (Entered: 04/11/1994)

April 11, 1994

April 11, 1994

75

EXHIBIT 1 to declaration of Shelby A. Floyd − SEALED on behalf of plaintiff [73−1] (tbf) (Entered: 04/11/1994)

April 11, 1994

April 11, 1994

77

Amended CERTIFICATE of service (tbf) (Entered: 04/13/1994)

April 12, 1994

April 12, 1994

78

EX PARTE MOTION for leave to file reply memorandum in excess of 15 pages, declaration of Shelby Anne Floyd; exhibit "a"; order − DENIED by Judge Samuel Conti by plaintiff re [25−1] − on behalf of pltfs (tbf) (Entered: 04/14/1994)

April 13, 1994

April 13, 1994

79

EO : m/preliminary injunction and deft's motion to dismiss [50−1] is taken off and referred to Judge Ezra for hearing on this matter; all counsel notified of this change by phone ( Ct Rptr : ) JUDGE Judge Samuel Conti (tbf) (Entered: 04/14/1994)

April 13, 1994

April 13, 1994

80

STIPULATION to dismiss all claims of David C. Hughes, Agnes Hughes, Christopher Mineburg, Angela K.M. Meyer and Kihei Youth Center; ORDER by Judge David A. Ezra : dismissing party David Hughes, Agnes Hughes, party Christopher Mineburg, Angela K.M. Meyer and party Kihei Youth Center − on behalf of defts (tbf) (Entered: 04/21/1994)

April 20, 1994

April 20, 1994

81

EO :setting hearing on motion to dismiss or for partial summary judgment [50−1] 9:00 5/23/94, setting hearing on motion for partial summary judgment and for preliminary injunction [25−1] 9:00 5/23/94. parties notified. ( Ct Rptr : ) JUDGE Judge David A. Ezra (wnn) (Entered: 05/02/1994)

April 29, 1994

April 29, 1994

82

PRETRIAL STATEMENT by plaintiffs; exhibits A and B; certificate of service (wnn) (Entered: 05/16/1994)

May 13, 1994

May 13, 1994

83

PRETRIAL STATEMENT by defendants; certificate of service (wnn) (Entered: 05/16/1994)

May 16, 1994

May 16, 1994

84

EP : Pretrial conference − discussion between court and counsel regarding pretrial matters. the court will not at this time set as the settlement judge because of the respective positions taken by the parties. the trial date of 6/1/94 is vacated. ;further pretrial conference set for 2:00 5/17/94 before Judge David A. Ezra ( Ct Rptr : SP) JUDGE Judge David A. Ezra (wnn) (Entered: 05/17/1994)

May 16, 1994

May 16, 1994

85

EP :Conference on Record; Conference in chambers − parties allowed to file supplemental briefs no more than 3 pages by Thursday 2:00 5/19./94. status conference held in chambers before Judge David A. Ezra ( Ct Rptr : SP) JUDGE Judge David A. Ezra (wnn) (Entered: 05/18/1994)

May 17, 1994

May 17, 1994

86

SUPPLEMENTAL MEMORANDUM by defendant in support of motion to dismiss or for partial summary judgment [50−1] and IN OPPOSITION to plaintiff's motion for partial summary judgment; certificate of service (sealed) (Entered: 05/23/1994)

May 19, 1994

May 19, 1994

87

SUPPLMENTAL MEMORANDUM by plaintiff in opposition to motion to dismiss or for partial summary judgment [50−1] and IN SUPPORT of plaintiffs' motion for partial summary judgment; certificate of service (sealed) (Entered: 05/23/1994)

May 19, 1994

May 19, 1994

88

EP :taking under advisement on defendant's motion to dismiss or for partial summary judgment [50−1], taking under advisement on plaintiff's motion for partial summary judgment and for preliminary injunction [25−1]. deft's oral motion for substitution of parties granted. deft Toguchi will be replaced by Dr. Herman Aizawa. ( Ct Rptr : SP) JUDGE David A. Ezra (wnn) (Entered: 05/24/1994)

May 23, 1994

May 23, 1994

89

ORDER by Judge David A. Ezra granting in part and denying in part plaintiff's motion for summary judgment [25−1], granting in part and denying in part defendants' motion for dismissal or for summary judgment [50−1] − [court grants in part and denies in part the cross motions for summary judgment as to liability, grants defendants' motion to dismiss all claims against defendants Toguchi and Lewin in their individual capacities, denies defendants' motion to dismiss all claims against defendant Waihee and Lewin in their official capacities, denies defendants' motion to dimiss for lack of jurisdicition, and grants in part and denies in part defendant's motion for summary judgment as to the organizational plaintiffs for lack of standing] terminating party John Waihee, party Charles Toguchi, party Hale Kipa, party HI Advocates Childre, party Mental Health Assoc, party Waianae Comm Mental, party Pacific Head Injury, party HI Public Health Ass, party HI Psychiatric Medic, party Waikiki Health Cente, party Natl Assoc Social Wo, party Hi Youth Services Ne, party Hi Psychological Ass, party Hawaii Council of Ch, party Hi Council of Child, party Hi Families As Allie (cc: all counsel) (wnn) (Entered: 05/25/1994)

May 24, 1994

May 24, 1994

90

EP :Status Conference held 5/31/94 before Mag Judge Francis I. Yamashita, new dates given: ; Trial set for 9:00 7/19/94 before Judge David A. Ezra , ; final pretrial conference set for 8:30 6/7/94 before Mag Judge Francis I. Yamashita . a settlement conference before Judge Ezra requested by parties. date of settlement conference to be set up by Roy Sakai. ( Ct Rptr : chambers) JUDGE Mag Judge Francis I. Yamashita (wnn) (Entered: 06/01/1994)

May 31, 1994

May 31, 1994

91

MOTION by plaintiff for clarification or reconsideration of order granting in part and denying in part pltfs' motion for summary judgment and granting in part and denying in part defts' motion for dismissal or for summary judgment ; memroandum in support; declaration of Shelby Anne Floyd; exhibit "a"; declaration of Michael E. Sullivan; certificate of service − referred to Judge David A. Ezra (tbf) (Entered: 06/08/1994)

June 6, 1994

June 6, 1994

92

EO : ; settlement conferece − discussion between court regarding settlement; no settlement; further settlement conference set for 9:00 6/15/94 before Judge David A. Ezra ( Ct Rptr : No Record) JUDGE Judge David A. Ezra (tbf) (Entered: 06/08/1994)

June 7, 1994

June 7, 1994

93

CERTIFICATE of service (wnn) (Entered: 06/09/1994)

June 9, 1994

June 9, 1994

94

EO : ; settlement/status conference held 6/15/94 before Judge David A. Ezra , ;further settlement/status conference set for 2:30 6/17/94 before Judge David A. Ezra ( Ct Rptr : none) JUDGE Judge David A. Ezra (wnn) (Entered: 06/16/1994)

June 15, 1994

June 15, 1994

96

AMENDED PRETRIAL STATEMENT by defendants; certificate of service (wnn) (Entered: 06/24/1994)

June 21, 1994

June 21, 1994

97

MEMORANDUM by defendant in opposition to motion for clarification or reconsideration of order granting in part and denying in part pltfs' motion for summary judgment and granting in part and denying in part defts' motion for dismissal or for summary judgment [91−1]; certificate of service (wnn) (Entered: 06/24/1994)

June 22, 1994

June 22, 1994

98

WITHDRAWAL OF pltfs' motion by plaintiff for clarification or reconsideration of order granting in part and denying in part pltfs' motion for summary judgment and granting in part and denying in part defts' motion for dismissal or for summary judgment [91−1]; certificate of service (tbf) (Entered: 06/30/1994)

June 29, 1994

June 29, 1994

99

EO : a conference chambers set for 4:00 8/4/94 before Judge David A. Ezra ; this conference will address the preliminary approval of the settlement; cc: all counsel ( Ct Rptr : ) JUDGE Judge David A. Ezra (tbf) (Entered: 07/26/1994)

July 25, 1994

July 25, 1994

100

Joint MOTION for preliminary approval of settlement and consent decree, and for order approving notice to pltf class and allowing initial development of implementation plan ; memorandum in support; exhibits "a" and "b"; proposed order − referred to before Judge David A. Ezra (tbf) (Entered: 07/27/1994)

July 27, 1994

July 27, 1994

101

EO : Discussion between court and counsel regarding the preliminary order approving settlement. the hearing on the final approval of settlement: ; settlement/status conference set for 2:15 10/11/94 before Judge David A. Ezra ( Ct Rptr : none) JUDGE Judge David A. Ezra (wnn) (Entered: 08/04/1994)

Aug. 4, 1994

Aug. 4, 1994

102

ORDER by Judge David A. Ezra preliminarily approving settlement, approving notice to the plaintiff class and allowing initial development of implementation plan − (cc:all counsel) (wnn) (Entered: 08/04/1994)

Aug. 4, 1994

Aug. 4, 1994

103

EO : ; settlement/status conference re: attorneys' fees set for 9:00 9/8/94 before Mag Judge Francis I. Yamashita . Claudia of Charlene Aina's office to notify parties. ( Ct Rptr : ) JUDGE Mag Judge Francis I. Yamashita (wnn) (Entered: 09/07/1994)

Aug. 31, 1994

Aug. 31, 1994

104

EP : ; settlement conference on atty's fees held 9/8/94 before Mag Judge Francis I. Yamashita ; no settlement ( Ct Rptr : ) JUDGE Mag Judge Francis I. Yamashita (tbf) (Entered: 09/13/1994)

Sept. 8, 1994

Sept. 8, 1994

Case Details

State / Territory: Hawaii

Case Type(s):

Child Welfare

Special Collection(s):

Olmstead Cases

Key Dates

Filing Date: May 4, 1993

Closing Date: June 1, 2005

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All children and adolescents with disabilities residing in Hawaii who are eligible for and in need of education and mental health services pursuant to the IDEA but for whom such services are either unavailable, inadequate, or inappropriate․

Plaintiff Type(s):

State Plaintiff

Attorney Organizations:

NDRN/Protection & Advocacy Organizations

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Hawaii, State

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

Indv. w/ Disab. Educ. Act (IDEA), Educ. of All Handcpd. Children Act , 20 U.S.C. § 1400

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

Available Documents:

Trial Court Docket

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 1994 - None

Issues

General:

Access to public accommodations - governmental

Education

Government services

Juveniles

Neglect by staff

School/University Facilities

Jails, Prisons, Detention Centers, and Other Institutions:

Placement in mental health facilities

Disability and Disability Rights:

Reasonable Accommodations

Special education

disability, unspecified

Integrated setting

Mental impairment

Autism

Depression

Developmental disability without intellectual disability

Intellectual/developmental disability, unspecified

Learning disability

Mental Illness, Unspecified

Schizophrenia

Discrimination-basis:

Disability (inc. reasonable accommodations)

Affected Sex or Gender:

Female

Male

Medical/Mental Health:

Intellectual/Developmental Disability

Intellectual disability/mental illness dual diagnosis

Medical care, general

Medical care, unspecified

Mental health care, general

Mental health care, unspecified

Type of Facility:

Government-run