Case: M.R. v. Dreyfus

2:10-cv-02052 | U.S. District Court for the Western District of Washington

Filed Date: Dec. 23, 2010

Closed Date: Sept. 20, 2013

Clearinghouse coding complete

Case Summary

This federal lawsuit is a challenge to a reduction in in-home personal care hours provided to eligible Medicaid recipients in Washington. The plaintiffs in this case were individuals with disabilities who receive in-home personal care and would risk institutionalization if the amount of in-home care is insufficient to meet their care needs (which were determined by the state's individualized assessment process under Medicaid). There are also three organizational plaintiffs which serve individua…

This federal lawsuit is a challenge to a reduction in in-home personal care hours provided to eligible Medicaid recipients in Washington. The plaintiffs in this case were individuals with disabilities who receive in-home personal care and would risk institutionalization if the amount of in-home care is insufficient to meet their care needs (which were determined by the state's individualized assessment process under Medicaid). There are also three organizational plaintiffs which serve individuals with disabilities in Washington.

After Washington announced its reduction of care hours (deemed necessary to control state spending), the plaintiffs filed a complaint in the U.S. District Court for the Western District of Washington on December 23, 2010 and sought to prevent the reductions from taking effect by filing an accompanying motion for a temporary restraining order and preliminary injunction. On December 30, District Judge Thomas S. Zilly denied the motion for a temporary restraining order. The United States filed a statement of interest supporting the plaintiffs' motion for preliminary injunction in January 2011. After some scheduling issues and minor motions, Judge Zilly denied the plaintiffs' motion for preliminary injunction on February 9, 2011. The plaintiffs then appealed this decision to the U.S. Court of Appeals for the Ninth Circuit.

In December 2011, Judge William Fletcher, writing for a 2-1 majority, reversed the District Court's denial of the plaintiff's motion for preliminary injunction. Judge Fletcher's opinion held that the plaintiffs had demonstrated a likelihood of success on the merits of their ADA claims, and that they would suffer irreparable harm without an injunction. In June 2012, the Ninth Circuit declined to rehear the case en banc.

In October 2012, Washington Governor Christine Gregoire (press release) decided not to appeal the denial of preliminary injunction to the U.S. Supreme Court, thanks in part to an advocacy effort on the part of disability rights organizations.

On May 23, 2013, defendants moved for partial summary judgment on the Due Process claims. Plaintiffs filed a cross-motion for partial summary judgment on June 17. The parties jointly moved to withdraw their motions on July 18, 2013 to engage in settlement discussions aimed at resolving the case. The court granted their joint motion on July 22. The parties reached a settlement agreement, and the court dismissed the case on September 20, 2013, leaving open the option for parties to reopen the case within 60 days. Since neither party did so, the case is presumably closed. The exact terms of the settlement agreement are unknown.

Summary Authors

Beth Kurtz (11/9/2012)

Elizabeth Heise (11/11/2018)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4410752/parties/mr-v-dreyfus/


Judge(s)

Bea, Carlos T. (California)

Attorney for Plaintiff

Berzon, Stephen P. (California)

Attorney for Defendant

Bashford, Jonathon (Washington)

Expert/Monitor/Master/Other

Bailey, Regan Monica (Maryland)

Bird, Melinda R. (California)

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Documents in the Clearinghouse

Document

2:10-cv-02052

Docket

Jan. 30, 2018

Jan. 30, 2018

Docket
11

2:10-cv-02052

Motion for Temporary Restraining Order and Preliminary Injunction

Dec. 23, 2010

Dec. 23, 2010

Pleading / Motion / Brief
61

2:10-cv-02052

Amended Complaint for Declaratory and Injunctive Relief

Dec. 31, 2010

Dec. 31, 2010

Complaint
76

2:10-cv-02052

Order Denying Temporary Restraining Order

Jan. 5, 2011

Jan. 5, 2011

Order/Opinion
95

2:10-cv-02052

Motion for Preliminary Injunction

Jan. 21, 2011

Jan. 21, 2011

Pleading / Motion / Brief
171

2:10-cv-02052

Order Denying Preliminary Injunction

Feb. 9, 2011

Feb. 9, 2011

Order/Opinion

2:10-cv-02052

Ninth Circuit Opinion

U. S. Court of Appeals for the Ninth Circuit

Dec. 16, 2011

Dec. 16, 2011

Order/Opinion

2:10-cv-02052

Order Amending Opinion and Denying Rehearing

U. S. Court of Appeals for the Ninth Circuit

June 18, 2012

June 18, 2012

Order/Opinion
269

2:10-cv-02052

Defendants' Motion for Partial Summary Judgment On Due Process Claims (GRANTED)

May 23, 2013

May 23, 2013

Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4410752/mr-v-dreyfus/

Last updated Feb. 15, 2024, 3:05 a.m.

ECF Number Description Date Link Date / Link

Summons Issued as to COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, ALLEN D. BIEHLER. (sdp) (Entered: 03/28/2006)

March 28, 2006

March 28, 2006

1

Complaint

Dec. 21, 2010

Dec. 21, 2010

RECAP
2

Praecipe for a Summons

Dec. 21, 2010

Dec. 21, 2010

PACER
3

Praecipe for a Summons

Dec. 21, 2010

Dec. 21, 2010

PACER
4

Application for Leave to Appear Pro Hac Vice

Dec. 22, 2010

Dec. 22, 2010

PACER
5

Order on Application for Leave to Appear Pro Hac Vice

Dec. 22, 2010

Dec. 22, 2010

PACER
6

Summons Issued

1 Summons

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Dec. 22, 2010

Dec. 22, 2010

PACER
7

Civil Cover Sheet

Dec. 22, 2010

Dec. 22, 2010

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8

Order Reassigning Case

Dec. 22, 2010

Dec. 22, 2010

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9

Notice of Appearance

Dec. 23, 2010

Dec. 23, 2010

PACER
10

Motion to Seal

1 Proposed Order

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Dec. 23, 2010

Dec. 23, 2010

PACER
11

Motion for TRO

1 Exhibit A

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2 Proposed Order

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Dec. 23, 2010

Dec. 23, 2010

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12

Declaration

1 Exhibit 1

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2 Exhibit 1A

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3 Exhibit 1B

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4 Exhibit 1C

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5 Exhibit 1D

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6 Exhibit 2

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7 Exhibit 3

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8 Exhibit 4

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9 Exhibit 5

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Dec. 23, 2010

Dec. 23, 2010

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13

Exhibit

1 Exhibit 6 part 1

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2 Exhibit 6 part 2

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3 Exhibit 7

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4 Exhibit 8

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Dec. 23, 2010

Dec. 23, 2010

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14

Exhibit

1 Exhibit 9 part 1

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2 Exhibit 9 part 2

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3 Exhibit 9 part 3

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Dec. 23, 2010

Dec. 23, 2010

PACER
15

Exhibit

1 Exhibit 10 part 1

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2 Exhibit 10 part 2

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3 Exhibit 10 part 3

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Dec. 23, 2010

Dec. 23, 2010

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16

Exhibit

1 Exhibit 11 part 1

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2 Exhibit 11 part 2

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3 Exhibit 11 part 3

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4 Exhibit 11 part 4

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5 Exhibit 11 part 5

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Dec. 23, 2010

Dec. 23, 2010

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17

Exhibit

1 Exhibit 12 part 1

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2 Exhibit 12 part 2

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3 Exhibit 13

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4 Exhibit 14

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5 Exhibit 15

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6 Exhibit 16

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Dec. 23, 2010

Dec. 23, 2010

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18

Declaration

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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Dec. 23, 2010

Dec. 23, 2010

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19

Declaration

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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Dec. 23, 2010

Dec. 23, 2010

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20

Declaration

1 Exhibit 1

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2 Exhibit 2

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Dec. 23, 2010

Dec. 23, 2010

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21

Declaration

1 Exhibit 1

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Dec. 23, 2010

Dec. 23, 2010

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22

Declaration

1 Exhibit A

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Dec. 23, 2010

Dec. 23, 2010

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23

Declaration

Dec. 23, 2010

Dec. 23, 2010

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24

Declaration

1 Exhibit A

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Dec. 23, 2010

Dec. 23, 2010

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25

Declaration

Dec. 23, 2010

Dec. 23, 2010

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26

Sealed Document

Dec. 23, 2010

Dec. 23, 2010

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27

Sealed Document

Dec. 23, 2010

Dec. 23, 2010

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28

Sealed Document

Dec. 23, 2010

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29

Sealed Document

Dec. 23, 2010

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30

Sealed Document

Dec. 23, 2010

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31

Sealed Document

Dec. 23, 2010

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32

Sealed Document

Dec. 23, 2010

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33

Sealed Document

Dec. 23, 2010

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34

Sealed Document

Dec. 23, 2010

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35

Sealed Document

Dec. 23, 2010

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36

Sealed Document

Dec. 23, 2010

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37

Sealed Document

Dec. 23, 2010

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38

Sealed Document

Dec. 23, 2010

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39

Sealed Document

Dec. 23, 2010

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40

Sealed Document

Dec. 23, 2010

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41

Sealed Document

Dec. 23, 2010

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42

Sealed Document

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43

Sealed Document

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44

Sealed Document

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45

Sealed Document

Dec. 23, 2010

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46

Sealed Document

Dec. 23, 2010

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47

Sealed Document

Dec. 23, 2010

Dec. 23, 2010

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48

Sealed Document

Dec. 23, 2010

Dec. 23, 2010

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49

Declaration

1 Exhibit A

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Dec. 23, 2010

Dec. 23, 2010

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50

Declaration

Dec. 23, 2010

Dec. 23, 2010

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51

Declaration

Dec. 23, 2010

Dec. 23, 2010

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52

Sealed Document

Dec. 23, 2010

Dec. 23, 2010

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53

Sealed Document

Dec. 23, 2010

Dec. 23, 2010

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54

Sealed Document

Dec. 23, 2010

Dec. 23, 2010

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55

Sealed Document

Dec. 23, 2010

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56

Sealed Document

Dec. 23, 2010

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57

Sealed Document

Dec. 23, 2010

Dec. 23, 2010

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58

Sealed Document

Dec. 23, 2010

Dec. 23, 2010

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59

Sealed Document

Dec. 23, 2010

Dec. 23, 2010

PACER
60

Certificate of Service

Dec. 23, 2010

Dec. 23, 2010

PACER
61

Amended Complaint

Dec. 23, 2010

Dec. 23, 2010

PACER
62

Motion to Certify Class

1 Proposed Order

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Dec. 23, 2010

Dec. 23, 2010

PACER
63

Declaration

Dec. 23, 2010

Dec. 23, 2010

PACER
64

Declaration

Dec. 23, 2010

Dec. 23, 2010

PACER
65

Status Conference

Dec. 28, 2010

Dec. 28, 2010

PACER
66

Response to Motion

1 Exhibit 1-7

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2 Exhibit 8-15

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Dec. 28, 2010

Dec. 28, 2010

PACER
67

Declaration

Dec. 28, 2010

Dec. 28, 2010

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68

Declaration

1 Exhibit

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Dec. 28, 2010

Dec. 28, 2010

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69

Reply to Response to Motion

Dec. 29, 2010

Dec. 29, 2010

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70

Declaration

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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Dec. 29, 2010

Dec. 29, 2010

PACER
71

Declaration

Dec. 30, 2010

Dec. 30, 2010

PACER
72

TRO Hearing

Dec. 30, 2010

Dec. 30, 2010

PACER
73

MINUTE ORDER DENYING IN PART AND DEFERRING IN PART pltfs' 11 MOTION for Temporary Restraining Order and Preliminary Injunction ; Court denies the motion for TRO and will issue a separate order explaining its reasons as soon as possible; Court defers the motion for prelim inj pending oral argument set for 1/14/11; pltf's motion for prelim inj is renoted to 1/14/11; dfts' responses to motion for prelim inj and pltfs' motion for class certif are due 1/7/11; pltfs' replies due 1/11/11 by Judge Thomas S. Zilly. (RS)

Dec. 30, 2010

Dec. 30, 2010

RECAP
74

Summons Returned Executed

Jan. 3, 2011

Jan. 3, 2011

PACER
75

Notice of Filing of Official Transcript

Jan. 4, 2011

Jan. 4, 2011

PACER
76

ORDER by Judge Thomas S. Zilly. This Order explains the Court's reasons for denying plaintiffs' motion for temporary restraining order, docket no. 11 . (CL) (Entered: 01/05/2011)

Jan. 5, 2011

Jan. 5, 2011

RECAP
77

ORDER REGARDING INITIAL DISCLOSURES, JOINT STATUS REPORT AND EARLY SETTLEMENT Joint Status Report due by 3/7/2011, FRCP 26f Conference Deadline is 2/22/2011, Initial Disclosure Deadline is 3/7/2011, by Judge Thomas S. Zilly. (CH) (Entered: 01/06/2011)

Jan. 6, 2011

Jan. 6, 2011

PACER
78

NOTICE OF APPEAL (11-35026) as to 76 Order by Plaintiffs A.B., A.R., An.B., C.B., D.W., H.C., J.B., J.H., K.S., M.B., M.J.B., M.R., Puget Sound Alliance for Retired Americans, S.J., Service Employees International Union Healthcare 775NW, T.M., The Arc of Washington. Filing Fee $455, Receipt number 0981-2293986. (Leyton, Stacey) Modified on 1/7/2011; added CCA case number (LMK). (Entered: 01/06/2011)

Jan. 6, 2011

Jan. 6, 2011

PACER
79

REPRESENTATION STATEMENT, by Plaintiffs A.B., A.R., An.B., C.B., D.W., H.C., J.B., J.H., K.S., M.B., M.J.B., M.R., Puget Sound Alliance for Retired Americans, S.J., Service Employees International Union Healthcare 775NW, T.M., The Arc of Washington, (re: 78 Notice of Appeal,.) (Leyton, Stacey) (Entered: 01/06/2011)

Jan. 6, 2011

Jan. 6, 2011

PACER
80

MINUTE ORDER - In light of the Notice of Appeal filed by plaintiffs, docket no. 78, the Court STAYS this case pending resolution of the appeal by the Ninth Circuit. The Court STRIKES the January 14, 2011, hearing on plaintiffs motion for a preliminary injunction, docket no. 11, and motion for class certification, docket no. 62 . The Court STRIKES both motions without prejudice, by Judge Thomas S. Zilly. (MD) (Entered: 01/06/2011)

Jan. 6, 2011

Jan. 6, 2011

PACER
81

APPEAL NOTIFICATION packet sent to US Court of Appeals re 78 Notice of Appeal, (Attachments: # 1 Docket)(LMK) (Entered: 01/07/2011)

1 Docket

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Jan. 7, 2011

Jan. 7, 2011

PACER
82

TIME SCHEDULE ORDER (11-35026) as to 78 Notice of Appeal, filed by K.S., S.J., An.B., A.R., C.B., A.B., The Arc of Washington, T.M., D.W., J.B., M.B., M.R., M.J.B., J.H., Puget Sound Alliance for Retired Americans, H.C., Service Employees International Union Healthcare 775NW : The schedule is set as follows: Mediation Questionnaire due on 01/14/2011. Transcript ordered by 02/07/2011. Transcript due 03/07/2011. Appellant opening brief due 04/18/2011. Appellee answering brief due 05/16/2011. Appellant's optional reply brief is due 14 days after service of the answering brief.(LMK) (Entered: 01/07/2011)

Jan. 7, 2011

Jan. 7, 2011

PACER
83

MINUTE ORDER by Thomas S. Zilly, United States District Judge. The Court GRANTS Pltfs' (docket no. 10 ) unopposed motion to seal. The Court ORDERS that the following filings shall remain under seal: Maxon Decl., docket no. 26 ; S.J. Decl., docket no. 27 ; Braddock Decl., docket no. 28 ; C.B. Decl., docket no. 29 ; Davis Decl., docket no. 30 ; D.W. Decl., docket no. 31 ; McIntosh Decl., docket no. 32 ; Jane B. Decl., docket no. 33 ; Starr Decl., docket no. 34 ; Partridge Decl., docket no. 35 ; K.S. Decl., docket no. 36 ; Albert Decl., docket no. 37 ; Morrow Decl., docket no. 38 ; Hays Decl., docket no. 39 ; Fredrick Decl., docket no. 40 ; Halpert Decl., docket no. 41 ; Dockstader Decl., docket no. 42 ; Portelance Decl., docket no. 43 ; M.J.B. Decl., docket no. 44 ; Paolino Decl., docket no. 45 ; Learny Decl., docket no. 46 ; Hayes Decl., docket no. 47 ; Chatwin Decl., docket no. 48 ; Allington Decl., docket no. 52 ; Flint Decl., docket no. 53 ; A.H. Decl., docket no. 54 ; Guin Decl., docket no. 55 ; Faatoafe Decl., docket no. 56 ; N.N.A. Decl., docket no. 57 ; Ivonav Decl., docket no. 58 ; D.V.S. Decl., docket no. 59 . (CL) (Entered: 01/10/2011)

Jan. 10, 2011

Jan. 10, 2011

PACER
84

AFFIDAVIT OF SERVICE OF SUMMONS and Complaint returned executed upon defendant Susan Dreyfus on 12/23/2010. (TF) (Entered: 01/10/2011)

Jan. 10, 2011

Jan. 10, 2011

PACER
85

NOTICE of Appearance by attorney William T Stephens on behalf of Defendants Susan Dreyfus, Washington State Department of Social and Health Services. (Stephens, William) (Entered: 01/18/2011)

Jan. 18, 2011

Jan. 18, 2011

PACER
86

REQUEST for Status Conference by Defendants Susan Dreyfus, Washington State Department of Social and Health Services for Status Conference. (Attachments: # 1 Exhibit Attachment 1)(Work, William) (Entered: 01/18/2011)

1 Exhibit Attachment 1

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Jan. 18, 2011

Jan. 18, 2011

PACER

Set/Reset Hearings: A telephonic status conference is set for Wednesday, January 19, 2011, at 12:00 p.m. (noon) before Judge Thomas S. Zilly. Counsel shall initiate a conference call and then contact chambers at (206) 370-8830. (KK)

Jan. 18, 2011

Jan. 18, 2011

PACER

At the telephonic status conference scheduled for January 19, 2011, counsel shall be prepared to discuss the Court's jurisdiction in this matter in light of the pending appeal, as to which no mandate has yet issued. Counsel's attention is also directed to Federal Rule of Civil Procedure 62.1 and Federal Rule of Appellate Procedure 12.1. (KK)

Jan. 19, 2011

Jan. 19, 2011

PACER
87

STIPULATION AND PROPOSED ORDER RE: PRELIMINARY INJUNCTION BRIEFING SCHEDULE PURSUANT TO LOCAL RULE 10(g) by parties. (Brenneke, Andrea) (Entered: 01/19/2011)

Jan. 19, 2011

Jan. 19, 2011

PACER
88

ANSWER to 61 Amended Complaint, for Declaratory and Injunctive Relief by Susan Dreyfus, Washington State Department of Social and Health Services.(Dee, Edward) (Entered: 01/19/2011)

Jan. 19, 2011

Jan. 19, 2011

PACER
89

MINUTE ENTRY for proceedings held before Judge Thomas S. Zilly- Dep Clerk: Gail Glass; Pla Counsel: Andrea Brenneke and Stacey Leyton; Def Counsel: Edward Dee, Bruce Work and Bill Stevens; CR: Denae Hovland; Telephone Conference held on 1/19/2011.Pursuant to the defendants'request for a status conference, docket no. 86, the Court and counsel discuss the status of the case. The Court sets an expedited briefing schedule for plaintiffs' Motion for a Preliminary Injunction. The Court schedules oral argument on plaintiffs' Motion for a Preliminary Injunction for Friday, January 28, 2011, and will announce the time for the hearing by subsequent Order. (GG) (Entered: 01/20/2011)

Jan. 19, 2011

Jan. 19, 2011

PACER
90

TRANSCRIPT REQUEST by Plaintiffs A.B., A.R., An.B., C.B., D.W., H.C., J.B., J.H., K.S., M.B., M.J.B., M.R., Puget Sound Alliance for Retired Americans, S.J., Service Employees International Union Healthcare 775NW, T.M., The Arc of Washington for proceedings held on 12/30/10 re 75 Notice of Filing of Official Transcript,,,. Requesting Attorney: Stacey Leyton. (Leyton, Stacey) (Entered: 01/20/2011)

Jan. 20, 2011

Jan. 20, 2011

PACER
91

ORDER of USCA (11-35026) as to 78 Notice of Appeal, filed by K.S., S.J., An.B., A.R., C.B., A.B., The Arc of Washington, T.M., D.W., J.B., M.B., M.R., M.J.B., J.H., Puget Sound Alliance for Retired Americans, H.C., Service Employees International Union Healthcare 775NW. Motion for reconsideration raises issues that warrant a response. Accordingly, appellants shall file a serve a response by 5:00pm on 1/20/11. If appellants need more time to respond to the motion, they shall advise the court by 12:00pm on 1/20/11. (SA) (Entered: 01/20/2011)

Jan. 20, 2011

Jan. 20, 2011

PACER
92

ORDER of USCA (11-35026) as to 78 Notice of Appeal, filed by K.S., S.J., An.B., A.R., C.B., A.B., The Arc of Washington, T.M., D.W., J.B., M.B., M.R., M.J.B., J.H., Puget Sound Alliance for Retired Americans, H.C., Service Employees International Union Healthcare 775NW; Appellees motion for reconsideration/clarification and appellants motion for sanctions are denied. (LMK) (Entered: 01/21/2011)

Jan. 20, 2011

Jan. 20, 2011

PACER
93

STIPULATION AND ORDER re: Preliminary Injunction Briefing Schedule Pursuant to Local Rule 10(g), by Judge Thomas S. Zilly. Plaintiffs' Opening Brief due by 1/21/2011 at midnight, Defendants' Responsive Brief due by 1/25/2011 at noon, Plaintiffs' Reply Brief due by 1/27/2011 at noon. (CL). (Entered: 01/21/2011)

Jan. 21, 2011

Jan. 21, 2011

PACER
94

MOTION to Seal by Plaintiffs A.B., A.R., An.B., C.B., D.W., H.C., J.B., J.H., K.S., M.B., M.J.B., M.R., Puget Sound Alliance for Retired Americans, S.J., Service Employees International Union Healthcare 775NW, T.M., The Arc of Washington. (Attachments: # 1 Proposed Order Granting Motion to Seal) Noting Date 1/28/2011, (Leyton, Stacey) (Entered: 01/21/2011)

1 Proposed Order Granting Motion to Seal

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Jan. 21, 2011

Jan. 21, 2011

PACER
95

MOTION for Preliminary Injunction by Plaintiffs A.B., A.R., An.B., C.B., D.W., H.C., J.B., J.H., K.S., M.B., M.J.B., M.R., Puget Sound Alliance for Retired Americans, S.J., Service Employees International Union Healthcare 775NW, T.M., The Arc of Washington. Oral Argument Requested. (Attachments: # 1 Exhibit A, # 2 Proposed Order Granting Preliminary Injunction) Noting Date 1/28/2011, (Leyton, Stacey) (Entered: 01/21/2011)

1 Exhibit A

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2 Proposed Order Granting Preliminary Injunction

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Jan. 21, 2011

Jan. 21, 2011

RECAP
96

SEALED DOCUMENT Second Declaration of Jane B. Regarding A.B., An.B., J.B., and M.B. by Plaintiffs A.B., A.R., An.B., C.B., D.W., H.C., J.B., J.H., K.S., M.B., M.J.B., M.R., Puget Sound Alliance for Retired Americans, S.J., Service Employees International Union Healthcare 775NW, T.M., The Arc of Washington re 94 MOTION to Seal, 95 MOTION for Preliminary Injunction (Leyton, Stacey) (Entered: 01/21/2011)

Jan. 21, 2011

Jan. 21, 2011

PACER
97

SEALED DOCUMENT Second Declaration of K.S. by Plaintiffs A.B., A.R., An.B., C.B., D.W., H.C., J.B., J.H., K.S., M.B., M.J.B., M.R., Puget Sound Alliance for Retired Americans, S.J., Service Employees International Union Healthcare 775NW, T.M., The Arc of Washington re 94 MOTION to Seal, 95 MOTION for Preliminary Injunction (Leyton, Stacey) (Entered: 01/21/2011)

Jan. 21, 2011

Jan. 21, 2011

PACER

Case Details

State / Territory: Washington

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Olmstead Cases

Multi-LexSum (in sample)

Key Dates

Filing Date: Dec. 23, 2010

Closing Date: Sept. 20, 2013

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiffs are disabled individuals who are entitled to receive a certain number of Medicaid in-home personal care service hours each month. They allege that Washington's 10% reduction of in-home care hours places them at risk of institutionalization.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

Washington State Department of Social and Health Services, State

Defendant Type(s):

Hospital/Health Department

Case Details

Causes of Action:

42 U.S.C. § 1983

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

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

Medicaid, 42 U.S.C §1396 (Title XIX of the Social Security Act)

Constitutional Clause(s):

Due Process

Supremacy Clause

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Preliminary injunction / Temp. restraining order

Unknown

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Content of Injunction:

Preliminary relief granted

Issues

General:

Deinstitutionalization/decarceration

Public assistance grants

Public benefits (includes, e.g., in-state tuition, govt. jobs)

Disability and Disability Rights:

disability, unspecified

Integrated setting

Least restrictive environment

Discrimination-basis:

Disability (inc. reasonable accommodations)

Benefit Source:

Medicaid