Case: Unthaksinkun v. Porter

2:11-cv-00588 | U.S. District Court for the Western District of Washington

Filed Date: April 7, 2011

Closed Date: July 8, 2014

Clearinghouse coding complete

Case Summary

On April 7, 2011, indigent lawful permanent residents in Washington filed a lawsuit in the U.S. District Court for the Western District of Washington against the Washington State Health Care Authority (HCA) under 42 U.S.C. § 1983. The plaintiffs, represented by attorneys from the Northwest Health Law Advocates and the Public Interest Law Group, as well as private counsel, alleged that HCA had violated the Equal Protection Clause and the Due Process Clause. Plaintiffs, including five named membe…

On April 7, 2011, indigent lawful permanent residents in Washington filed a lawsuit in the U.S. District Court for the Western District of Washington against the Washington State Health Care Authority (HCA) under 42 U.S.C. § 1983. The plaintiffs, represented by attorneys from the Northwest Health Law Advocates and the Public Interest Law Group, as well as private counsel, alleged that HCA had violated the Equal Protection Clause and the Due Process Clause. Plaintiffs, including five named members, sought class certification, declaratory relief, and injunctive relief.

Prior to the filing of the lawsuit, the state passed a bill that restricted immigrants' eligibility for the Washington Basic Health Program, which provided state-subsidized health insurance to indigent residents and, on the same day, sent plaintiffs letters notifying them that they would be de-enrolled from the program in ten days.

Plaintiffs argued that the termination notices did not provide the adequate, meaningful, and timely notice required by the Due Process Clause. According to the amended complaint, HCA did not have enough information to determine immigration status prior to sending these notices. The notices failed to inform plaintiffs why they were ineligible for their benefits or to provide any individualized explanation for the HCA's determination that plaintiffs were not legal residents. Plaintiffs also assert that HCA violated the Equal Protection Clause by discriminating against plaintiffs based on their immigration status.

On September 28, 2011, the District Court (Judge James Robart) granted plaintiffs' motion to certify the Due Process class as defined by plaintiffs, with some minor revisions. Unthaksinkun v. Porter, C11-0588JLR, 2011 WL 4502050 (W.D. Wash. 2011). The Court also granted plaintiffs' motion to certify an Equal Protection class that includes individuals who were de-enrolled from Basic Health, but denied plaintiffs' request that the class also include future class members.

On October 24, 2011, the court issued a preliminary injunction, which incorporated the parties' agreed proposal for a preliminary injunction. The order required the defendant to review class member lists and identify additional members of the Equal Protection class; send notice of reenrollment rights to known class members; reinstate coverage for class members who pay premiums; follow specific protocols before seeking to de-enroll any class member based on immigration status; provide individual termination notification including specific information to any re-enrolled class member; and post information on the Basic Health web site.

On January 3, 2012, a mediator was appointed for the case. By March 15, 2013, the HCA had fully complied with the terms of the preliminary injunction and the members of the Due Process class had received their remedy according to the terms of the injunction.

The parties agreed that the claim for the Equal Protection class members would become moot in 2014 when funding for Basic Health would be eliminated, and lawfully present immigrants, currently enrolled in Basic Health, would be eligible to purchase insurance under the Affordable Care Act. The parties therefore requested to continue the trial from August 2013 to August 2014, with the expectation that the claims of the Equal Protection class would become irrelevant.

On February 13, 2014, the parties reached a final settlement, agreeing that since the protected class had already received appropriate relief through the preliminary injunction, the plaintiffs’ due process claim need not be litigated further. The defendants also agreed to pay $264,000 in attorneys’ fees. The court approved the settlement on March 6, 2014. On July 8, 2014, the court dismissed the remaining equal protection claim with prejudice.

Summary Authors

Jennifer Bronson (10/6/2013)

Allison Hight (2/19/2016)

Carol Chen (7/5/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5069062/parties/unthaksinkun-v-porter/


Judge(s)
Attorney for Plaintiff

Gross, Daniel S. (Washington)

Marks-Dias, Blake Edward (Washington)

Attorney for Defendant

Baker, Elizabeth Anna-Marie (Washington)

Burke-Cain, Melissa A. (Washington)

Clark, William G. (Washington)

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Documents in the Clearinghouse

Document

2:11-cv-00588

Docket [PACER]

July 8, 2014

July 8, 2014

Docket
1

2:11-cv-00588

Complaint for Declaratory and Injunctive Relief

April 7, 2011

April 7, 2011

Complaint
30

2:11-cv-00588

Second Amended Complaint for Declaratory and Injunctive Relief

May 23, 2011

May 23, 2011

Complaint
65

2:11-cv-00588

Order on Motion for Class Certification and Motion for Preliminary Injunction

Sept. 28, 2011

Sept. 28, 2011

Order/Opinion
73

2:11-cv-00588

Preliminary Injunction

Oct. 24, 2011

Oct. 24, 2011

Order/Opinion
94

2:11-cv-00588

Order Granting Preliminary Approval of a Partial Class Action Settlement and Agreement on Attorneys' Fees

Nov. 1, 2013

Nov. 1, 2013

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5069062/unthaksinkun-v-porter/

Last updated Jan. 24, 2024, 3 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT For Declaratory And Injunctive Relief against defendant(s) Douglas Porter (Receipt # 0981-2390211), filed by Rattiya Unthaksinkun.(Marks-Dias, Blake) (Entered: 04/07/2011)

April 7, 2011

April 7, 2011

PACER
2

PRAECIPE TO ISSUE SUMMONS re 1 Complaint by Plaintiff Rattiya Unthaksinkun. (Marks-Dias, Blake) (Entered: 04/07/2011)

April 7, 2011

April 7, 2011

PACER
3

MOTION for Preliminary Injunction Plaintiff's Motion For A Preliminary Injunction by Plaintiff Rattiya Unthaksinkun. Oral Argument Requested. Noting Date 4/29/2011, (Marks-Dias, Blake) (Entered: 04/07/2011)

April 7, 2011

April 7, 2011

PACER
4

MOTION to Certify Class Plaintiff's Motion For Class Certification by Plaintiff Rattiya Unthaksinkun. Oral Argument Requested. Noting Date 4/29/2011, (Marks-Dias, Blake) (Entered: 04/07/2011)

April 7, 2011

April 7, 2011

PACER
5

DECLARATION of Blake Marks-Dias in Support of Plaintiff's Motion for Class Certification filed by Plaintiff Rattiya Unthaksinkun re 4 MOTION to Certify Class Plaintiff's Motion For Class Certification (Marks-Dias, Blake) (Entered: 04/07/2011)

April 7, 2011

April 7, 2011

PACER
6

DECLARATION of Michael Pierson in Support of Plaintiff's Motion for Class Certification filed by Plaintiff Rattiya Unthaksinkun re 4 MOTION to Certify Class Plaintiff's Motion For Class Certification (Marks-Dias, Blake) (Entered: 04/07/2011)

April 7, 2011

April 7, 2011

PACER
7

DECLARATION of Rattiya Unthaksinkun in Support of Plaintiff's Motion for Preliminary Injunction and Class Certification filed by Plaintiff Rattiya Unthaksinkun re 4 MOTION to Certify Class Plaintiff's Motion For Class Certification, 3 MOTION for Preliminary Injunction Plaintiff's Motion For A Preliminary Injunction (Marks-Dias, Blake) (Entered: 04/07/2011)

April 7, 2011

April 7, 2011

PACER
8

DECLARATION of Daniel Gross in Support of Plaintiff's Motion for Class Certification filed by Plaintiff Rattiya Unthaksinkun re 4 MOTION to Certify Class Plaintiff's Motion For Class Certification (Marks-Dias, Blake) (Entered: 04/07/2011)

April 7, 2011

April 7, 2011

PACER
9

DECLARATION of Janet Varon in Support of Plaintiff's Motion for Class Certification filed by Plaintiff Rattiya Unthaksinkun re 4 MOTION to Certify Class Plaintiff's Motion For Class Certification (Marks-Dias, Blake) (Entered: 04/07/2011)

April 7, 2011

April 7, 2011

PACER
10

PROPOSED ORDER (Unsigned) re 3 MOTION for Preliminary Injunction Plaintiff's Motion For A Preliminary Injunction Proposed Order Granting Plaintiff's Motion for a Preliminary Injunction (Marks-Dias, Blake) (Entered: 04/07/2011)

April 7, 2011

April 7, 2011

PACER
11

PROPOSED ORDER (Unsigned) re 4 MOTION to Certify Class Plaintiff's Motion For Class Certification Proposed Order Granting Plaintiff's Motion for Class Certification (Marks-Dias, Blake) (Entered: 04/07/2011)

April 7, 2011

April 7, 2011

PACER

NOTICE to Filer of Deficiency: NO CIVIL COVER SHEET:Please post the Civil Cover Sheet using the event Civil Cover Sheet found in Other Documents and relate back to the Complaint. (RE)

April 8, 2011

April 8, 2011

PACER

Judge James L. Robart added. (RE)

April 8, 2011

April 8, 2011

PACER
12

CIVIL COVER SHEET re 1 Complaint ; filed by Plaintiff Rattiya Unthaksinkun.. (Marks-Dias, Blake) (Entered: 04/08/2011)

April 8, 2011

April 8, 2011

PACER

Summons Issued as to defendant(s) Douglas Porter.(Summons sent via US Postal Service on 4/8/11) (RE)

April 8, 2011

April 8, 2011

PACER
13

NOTICE of Appearance by attorney Gail S Yu on behalf of Defendant Douglas Porter. (Yu, Gail) (Entered: 04/13/2011)

April 13, 2011

April 13, 2011

PACER
14

NOTICE of Appearance by attorney Melissa A Burke-Cain on behalf of Defendant Douglas Porter. (Burke-Cain, Melissa) (Entered: 04/13/2011)

April 13, 2011

April 13, 2011

PACER
15

NOTICE of Appearance by attorney Elizabeth Anna-Marie Baker on behalf of Defendant Douglas Porter. (Baker, Elizabeth) (Entered: 04/13/2011)

April 13, 2011

April 13, 2011

PACER
16

ORDER REGARDING INITIAL DISCLOSURES, JOINT STATUS REPORT AND EARLY SETTLEMENT Joint Status Report due by 6/24/2011, FRCP 26f Conference Deadline is 6/10/2011, Initial Disclosure Deadline is 6/24/2011, by Judge James L. Robart. (CC) (Entered: 04/25/2011)

April 25, 2011

April 25, 2011

PACER
17

Amended MOTION to Certify Class Plaintiff's Amended Motion For Class Certification by Plaintiff Rattiya Unthaksinkun. Oral Argument Requested. Noting Date 5/20/2011, (Marks-Dias, Blake) (Entered: 04/28/2011)

April 28, 2011

April 28, 2011

PACER
18

AMENDED COMPLAINT For Declaratory And Injunctive Relief against defendant(s) All Plaintiffs, filed by Rattiya Unthaksinkun, Susan Ahmadi, Khaddouj Atif.(Marks-Dias, Blake) (Entered: 04/28/2011)

April 28, 2011

April 28, 2011

PACER
19

Amended MOTION for Preliminary Injunction Plaintiffs' Amended Motion For A Preliminary Injunction by Plaintiffs Susan Ahmadi, Khaddouj Atif, Rattiya Unthaksinkun. Oral Argument Requested. Noting Date 5/20/2011, (Marks-Dias, Blake) (Entered: 04/28/2011)

April 28, 2011

April 28, 2011

PACER
20

DECLARATION of Khaddouj Atif filed by Plaintiffs Susan Ahmadi, Khaddouj Atif, Rattiya Unthaksinkun re 17 Amended MOTION to Certify Class Plaintiff's Amended Motion For Class Certification, 19 Amended MOTION for Preliminary Injunction Plaintiffs' Amended Motion For A Preliminary Injunction (Marks-Dias, Blake) (Entered: 04/28/2011)

April 28, 2011

April 28, 2011

PACER
21

DECLARATION of Susan Ahmadi filed by Plaintiffs Susan Ahmadi, Khaddouj Atif, Rattiya Unthaksinkun re 17 Amended MOTION to Certify Class Plaintiff's Amended Motion For Class Certification, 19 Amended MOTION for Preliminary Injunction Plaintiffs' Amended Motion For A Preliminary Injunction (Marks-Dias, Blake) (Entered: 04/28/2011)

April 28, 2011

April 28, 2011

PACER
22

Second DECLARATION of Janet Varon filed by Plaintiffs Susan Ahmadi, Khaddouj Atif, Rattiya Unthaksinkun re 17 Amended MOTION to Certify Class Plaintiff's Amended Motion For Class Certification, 19 Amended MOTION for Preliminary Injunction Plaintiffs' Amended Motion For A Preliminary Injunction (Marks-Dias, Blake) (Entered: 04/28/2011)

April 28, 2011

April 28, 2011

PACER
23

WITHDRAWAL of Motion re 4 MOTION to Certify Class Plaintiff's Motion For Class Certification, 3 MOTION for Preliminary Injunction Plaintiff's Motion For A Preliminary Injunction ; by Plaintiffs Susan Ahmadi, Khaddouj Atif, Rattiya Unthaksinkun. (Marks-Dias, Blake) (Entered: 04/29/2011)

April 29, 2011

April 29, 2011

PACER
24

ERRATA re 22 Declaration, Errata to the Second Declaration of Janet Varon In Support of Plaintiffs Motions For Class Certification And Preliminary Injunction by Plaintiffs Susan Ahmadi, Khaddouj Atif, Rattiya Unthaksinkun. (Marks-Dias, Blake) (Entered: 05/03/2011)

May 3, 2011

May 3, 2011

PACER
25

ANSWER to 18 Amended Complaint by Douglas Porter.(Yu, Gail) Modified on 5/11/2011 (JJT). (Entered: 05/11/2011)

May 11, 2011

May 11, 2011

PACER

NOTICE of Docket Text Modification re 25 Answer to Complaint : Changed reference to Complaint to Reference to Amended Complaint. (JJT)

May 11, 2011

May 11, 2011

PACER
26

NOTICE of Appearance by attorney William G Clark on behalf of Defendant Douglas Porter. (Clark, William) (Entered: 05/16/2011)

May 16, 2011

May 16, 2011

PACER
27

MOTION for Extension of Time by Defendant Douglas Porter. (Attachments: # 1 Proposed Order) Noting Date 5/16/2011, (Yu, Gail) (Entered: 05/16/2011)

May 16, 2011

May 16, 2011

PACER
28

DECLARATION of Gail Yu filed by Defendant Douglas Porter re 27 MOTION for Extension of Time (Yu, Gail) (Entered: 05/16/2011)

May 16, 2011

May 16, 2011

PACER
29

STIPULATION Regarding Scheduling and Other Matters by parties. (Marks-Dias, Blake) (Entered: 05/23/2011)

May 23, 2011

May 23, 2011

PACER
30

Second AMENDED COMPLAINT For Declaratory And Injunctive Relief against defendant(s) Susan Ahmadi, Khaddouj Atif, Rattiya Unthaksinkun, Anna Sergeyevna Ponomareva, S.J., filed by Anna Sergeyevna Ponomareva, S.J..(Marks-Dias, Blake) (Entered: 05/23/2011)

May 23, 2011

May 23, 2011

PACER
31

Second MOTION to Certify Class Plaintiff's Second Amended Motion for Class Certification by Plaintiffs Susan Ahmadi, Khaddouj Atif, Anna Sergeyevna Ponomareva, S.J., Rattiya Unthaksinkun. Oral Argument Requested. Noting Date 6/10/2011, (Marks-Dias, Blake) (Entered: 05/23/2011)

May 23, 2011

May 23, 2011

PACER
32

Second MOTION for Preliminary Injunction Plaintiffs' Second Amended Motion For A Preliminary Injunction by Plaintiffs Susan Ahmadi, Khaddouj Atif, Anna Sergeyevna Ponomareva, S.J., Rattiya Unthaksinkun. Oral Argument Requested. Noting Date 6/10/2011, (Marks-Dias, Blake) (Entered: 05/23/2011)

May 23, 2011

May 23, 2011

PACER
33

DECLARATION of Charles Edward Ortego filed by Plaintiffs Susan Ahmadi, Khaddouj Atif, Anna Sergeyevna Ponomareva, S.J., Rattiya Unthaksinkun re 31 Second MOTION to Certify Class Plaintiff's Second Amended Motion for Class Certification, 32 Second MOTION for Preliminary Injunction Plaintiffs' Second Amended Motion For A Preliminary Injunction (Marks-Dias, Blake) (Entered: 05/23/2011)

May 23, 2011

May 23, 2011

PACER
34

DECLARATION of S.J. filed by Plaintiffs Susan Ahmadi, Khaddouj Atif, Anna Sergeyevna Ponomareva, S.J., Rattiya Unthaksinkun re 31 Second MOTION to Certify Class Plaintiff's Second Amended Motion for Class Certification, 32 Second MOTION for Preliminary Injunction Plaintiffs' Second Amended Motion For A Preliminary Injunction (Marks-Dias, Blake) (Entered: 05/23/2011)

May 23, 2011

May 23, 2011

PACER
35

DECLARATION of Anna Sergeyevna Ponomareva filed by Plaintiffs Susan Ahmadi, Khaddouj Atif, Anna Sergeyevna Ponomareva, S.J., Rattiya Unthaksinkun re 31 Second MOTION to Certify Class Plaintiff's Second Amended Motion for Class Certification, 32 Second MOTION for Preliminary Injunction Plaintiffs' Second Amended Motion For A Preliminary Injunction (Marks-Dias, Blake) (Entered: 05/23/2011)

May 23, 2011

May 23, 2011

PACER
36

PRAECIPE to attach document re 33 Declaration, by Plaintiffs Susan Ahmadi, Khaddouj Atif, Anna Sergeyevna Ponomareva, S.J., Rattiya Unthaksinkun. (Marks-Dias, Blake) (Entered: 05/24/2011)

May 24, 2011

May 24, 2011

PACER
37

MOTION for Leave to File Excess Pages by Defendant Douglas Porter. (Attachments: # 1 Proposed Order) Noting Date 5/25/2011, (Yu, Gail) (Entered: 05/25/2011)

May 25, 2011

May 25, 2011

PACER
38

RESPONSE, by Defendant Douglas Porter, to 32 Second MOTION for Preliminary Injunction Plaintiffs' Second Amended Motion For A Preliminary Injunction. (Attachments: # 1 Appendix)(Yu, Gail) (Entered: 05/31/2011)

May 31, 2011

May 31, 2011

PACER
39

DECLARATION of Preston Cody filed by Defendant Douglas Porter re 32 Second MOTION for Preliminary Injunction Plaintiffs' Second Amended Motion For A Preliminary Injunction (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Yu, Gail) (Entered: 05/31/2011)

May 31, 2011

May 31, 2011

PACER
40

DECLARATION of Jenny Hamilton filed by Defendant Douglas Porter re 32 Second MOTION for Preliminary Injunction Plaintiffs' Second Amended Motion For A Preliminary Injunction (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Yu, Gail) (Entered: 05/31/2011)

May 31, 2011

May 31, 2011

PACER
41

DECLARATION of Robert Longhorn filed by Defendant Douglas Porter re 32 Second MOTION for Preliminary Injunction Plaintiffs' Second Amended Motion For A Preliminary Injunction (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Yu, Gail) (Entered: 05/31/2011)

May 31, 2011

May 31, 2011

PACER
42

DECLARATION of Christy Vaughn filed by Defendant Douglas Porter re 32 Second MOTION for Preliminary Injunction Plaintiffs' Second Amended Motion For A Preliminary Injunction (Yu, Gail) (Entered: 05/31/2011)

May 31, 2011

May 31, 2011

PACER
43

DECLARATION of Cindy McKinzie filed by Defendant Douglas Porter re 32 Second MOTION for Preliminary Injunction Plaintiffs' Second Amended Motion For A Preliminary Injunction (Yu, Gail) (Entered: 05/31/2011)

May 31, 2011

May 31, 2011

PACER
44

RESPONSE, by Defendant Douglas Porter, to 31 Second MOTION to Certify Class Plaintiff's Second Amended Motion for Class Certification. (Yu, Gail) (Entered: 05/31/2011)

May 31, 2011

May 31, 2011

PACER
45

ANSWER to 30 Amended Complaint by Douglas Porter.(Yu, Gail) (Entered: 06/06/2011)

June 6, 2011

June 6, 2011

PACER
46

REPLY, filed by Plaintiffs Susan Ahmadi, Khaddouj Atif, Anna Sergeyevna Ponomareva, S.J., Rattiya Unthaksinkun, TO RESPONSE to 32 Second MOTION for Preliminary Injunction Plaintiffs' Second Amended Motion For A Preliminary Injunction (Marks-Dias, Blake) (Entered: 06/10/2011)

June 10, 2011

June 10, 2011

PACER
47

Third DECLARATION of Daniel Gross filed by Plaintiffs Susan Ahmadi, Khaddouj Atif, Anna Sergeyevna Ponomareva, S.J., Rattiya Unthaksinkun re 32 Second MOTION for Preliminary Injunction Plaintiffs' Second Amended Motion For A Preliminary Injunction (Marks-Dias, Blake) (Entered: 06/10/2011)

June 10, 2011

June 10, 2011

PACER
48

DECLARATION of Jorge L. Baron filed by Plaintiffs Susan Ahmadi, Khaddouj Atif, Anna Sergeyevna Ponomareva, S.J., Rattiya Unthaksinkun re 32 Second MOTION for Preliminary Injunction Plaintiffs' Second Amended Motion For A Preliminary Injunction (Marks-Dias, Blake) (Entered: 06/10/2011)

June 10, 2011

June 10, 2011

PACER
49

DECLARATION of Aaron Katz filed by Plaintiffs Susan Ahmadi, Khaddouj Atif, Anna Sergeyevna Ponomareva, S.J., Rattiya Unthaksinkun re 32 Second MOTION for Preliminary Injunction Plaintiffs' Second Amended Motion For A Preliminary Injunction (Marks-Dias, Blake) (Entered: 06/10/2011)

June 10, 2011

June 10, 2011

PACER
50

REPLY, filed by Plaintiffs Susan Ahmadi, Khaddouj Atif, Anna Sergeyevna Ponomareva, S.J., Rattiya Unthaksinkun, TO RESPONSE to 31 Second MOTION to Certify Class Plaintiff's Second Amended Motion for Class Certification (Marks-Dias, Blake) (Entered: 06/10/2011)

June 10, 2011

June 10, 2011

PACER
51

DECLARATION of Abigail Pico filed by Plaintiffs Susan Ahmadi, Khaddouj Atif, Anna Sergeyevna Ponomareva, S.J., Rattiya Unthaksinkun re 31 Second MOTION to Certify Class Plaintiff's Second Amended Motion for Class Certification (Marks-Dias, Blake) (Entered: 06/10/2011)

June 10, 2011

June 10, 2011

PACER
52

MOTION to Expedite Plaintiffs' Unopposed Motion for Expedited Hearing by Plaintiffs Susan Ahmadi, Khaddouj Atif, Anna Sergeyevna Ponomareva, S.J., Rattiya Unthaksinkun. (Attachments: # 1 Proposed Order) Noting Date 6/21/2011, (Marks-Dias, Blake) (Entered: 06/21/2011)

June 21, 2011

June 21, 2011

PACER
53

JOINT STATUS REPORT signed by all parties estimated Trial Days: 10. Filed by Defendant Douglas Porter.(Baker, Elizabeth) (Entered: 06/24/2011)

June 24, 2011

June 24, 2011

PACER
54

ORDER granting 27 Defendant's Motion for Extension of Time and for amended response schedule by Judge James L. Robart.(MD) (Entered: 06/27/2011)

June 27, 2011

June 27, 2011

PACER
55

ORDER granting 37 Defendant's Motion for Leave to File Excess Pages by Judge James L. Robart.(MD) (Entered: 06/27/2011)

June 27, 2011

June 27, 2011

PACER
56

ORDER denying 52 Plaintiffs' Motion to Expedite hearing by Judge James L. Robart.(MD) (Entered: 06/27/2011)

June 27, 2011

June 27, 2011

PACER
57

SUPPLEMENT re 44 Response to Motion by Defendant Douglas Porter. (Attachments: # 1 Supplement)(Yu, Gail) (Entered: 07/05/2011)

July 5, 2011

July 5, 2011

PACER
58

MINUTE ORDER SETTING TRIAL DATE AND RELATED DATES, AND DESIGNATING CASE FOR MEDIATION; Length of Trial: *6 days*. Mediation shall be completed no later than thirty (30) days prior to the trial date. Bench Trial is set for 4/30/2012 at 01:30 PM before Judge James L. Robart. Joinder of Parties due by 8/9/2011, Amended Pleadings due by 11/2/2011, Expert Witness Disclosure/Reports under FRCP 26(a)(2) due by 11/2/2011, Motions due by 12/2/2011, Discovery completed by 1/3/2012, Dispositive motions due by 1/31/2012, Settlement conference to be held by 3/1/2012, 39.1 mediation to be completed by 4/2/2012, Motions in Limine due by 3/26/2012, Pretrial Order due by 4/11/2012, Pretrial Conference set for 4/16/2012 at 02:30 PM before Judge James L. Robart. Trial briefs to be submitted by 4/23/2012, Proposed Findings of Fact and Conclusions of Law to be submitted by 4/23/2012, by Judge James L. Robart. (CC) (Entered: 07/12/2011)

July 12, 2011

July 12, 2011

PACER

Set/Reset Hearings: Oral argument for the Second Motion for Class Certification (Dkt. #31) and Second Motion for Preliminary Injunction (Dkt. #32) is scheduled Friday, August 12, 2011 at 11:00 a.m. before Hon. James L. Robart.(CC)

July 25, 2011

July 25, 2011

PACER
59

STIPULATION AND PROPOSED ORDER Agreed Protective Order by parties. (Marks-Dias, Blake) (Entered: 08/10/2011)

Aug. 10, 2011

Aug. 10, 2011

PACER
60

SUPPLEMENT re 38 Response to Motion for Preliminary Injunction by Defendant Douglas Porter. (Attachments: # 1 Supplement Attachment)(Yu, Gail) (Entered: 08/10/2011)

Aug. 10, 2011

Aug. 10, 2011

PACER
61

NOTICE OF WITHDRAWAL OF COUNSEL: Attorney Elizabeth Anna-Marie Baker for Defendant Douglas Porter. (Baker, Elizabeth) (Entered: 08/11/2011)

Aug. 11, 2011

Aug. 11, 2011

PACER
62

MINUTE ENTRY for proceedings held before Judge James L. Robart- Dep Clerk: Casey Condon; Pla Counsel: Blake Marks-Dias, Daniel Gross, Janet Baron; Def Counsel: Gail Yu, Melissa Burke-Cain; CR: Nancy Bauer; Motion Hearing held on 8/12/2011. The court hears argument from counsel on pending motions. The court takes the matter under advisement. (CC) (Entered: 08/12/2011)

Aug. 12, 2011

Aug. 12, 2011

PACER
63

STIPULATION AND PROTECTIVE ORDER by Judge James L. Robart. (MD) (Entered: 08/18/2011)

Aug. 18, 2011

Aug. 18, 2011

PACER
64

NOTICE of Unavailability of counsel Gail S Yu for Defendant Douglas Porter from October 7, 2011 to October 16, 2011. (Yu, Gail) (Entered: 09/15/2011)

Sept. 15, 2011

Sept. 15, 2011

PACER
65

ORDER granting in part and denying in part 31 Plaintiffs Second Motion to Certify Class; granting in part and denying in part 32 Plaintiffs Second Motion for Preliminary Injunction by Judge James L. Robart.(MD) (Entered: 09/28/2011)

Sept. 28, 2011

Sept. 28, 2011

RECAP
66

MOTION for Extension of Time by Defendant Douglas Porter. (Attachments: # 1 Proposed Order) Noting Date 10/21/2011, (Yu, Gail) (Entered: 10/07/2011)

Oct. 7, 2011

Oct. 7, 2011

PACER
67

DECLARATION of GAIL S. YU filed by Defendant Douglas Porter re 66 MOTION for Extension of Time (Yu, Gail) (Entered: 10/07/2011)

Oct. 7, 2011

Oct. 7, 2011

PACER
68

PROPOSED ORDER (Unsigned) Preliminary Injunction Order. (Marks-Dias, Blake) (Entered: 10/12/2011)

Oct. 12, 2011

Oct. 12, 2011

PACER
69

Letter from Blake Marks-Dias re 68 Proposed Order (Unsigned). (Marks-Dias, Blake) (Entered: 10/12/2011)

Oct. 12, 2011

Oct. 12, 2011

PACER
70

EXHIBIT Exhibits 1-4 to Proposed Preliminary Injunction Order re 68 Proposed Order (Unsigned) by Plaintiffs Susan Ahmadi, Khaddouj Atif, Anna Sergeyevna Ponomareva, S.J., Rattiya Unthaksinkun. (Attachments: # 1 Exhibit Exhibit 2, # 2 Exhibit Exhibit 3, # 3 Exhibit Exhibit 4)(Marks-Dias, Blake) (Entered: 10/13/2011)

Oct. 13, 2011

Oct. 13, 2011

PACER
71

ORDER granting 66 Defendant's Motion for Extension of Time to submit proposed orders implementing the Court's Sept 28, 2011 ruling shall be continued to Oct 21, 2011, by Judge James L. Robart.(MD) (Entered: 10/21/2011)

Oct. 21, 2011

Oct. 21, 2011

PACER
72

PROPOSED ORDER (Unsigned) Preliminary Injunction. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Yu, Gail) (Entered: 10/21/2011)

Oct. 21, 2011

Oct. 21, 2011

PACER
73

PRELIMINARY INJUNCTION by Judge James L. Robart. (MD) (Entered: 10/24/2011)

Oct. 24, 2011

Oct. 24, 2011

PACER
74

NOTICE of Designation of Mediator ; filed by Plaintiffs Susan Ahmadi, Khaddouj Atif, Anna Sergeyevna Ponomareva, S.J., Rattiya Unthaksinkun. (Marks-Dias, Blake) (Entered: 01/03/2012)

Jan. 3, 2012

Jan. 3, 2012

PACER
75

NOTICE of Unavailability of counsel Gail S Yu for Defendant Douglas Porter from 01/28/12 to 02/05/12. (Yu, Gail) (Entered: 01/23/2012)

Jan. 23, 2012

Jan. 23, 2012

PACER
76

STIPULATION AND PROPOSED ORDER Regarding Case Schedule by parties re 58 Minute Order Setting Trial Date and Related Dates,,,. (Marks-Dias, Blake) (Entered: 01/30/2012)

Jan. 30, 2012

Jan. 30, 2012

PACER
77

STIPULATION AND ORDER re 76 Stipulation regarding case schedule filed by Rattiya Unthaksinkun, S.J., Susan Ahmadi, Anna Sergeyevna Ponomareva, Khaddouj Atif by Judge James L. Robart. (MD) (Entered: 01/31/2012)

Jan. 30, 2012

Jan. 30, 2012

PACER

Set/Reset Deadlines/Set/Reset Hearings: A status conference is scheduled Tuesday, May 29, 2012 at 2:00 p.m. before Hon. James L. Robart. Counsel shall file a joint status report by Tuesday, May 22, 2012.(CC)

Feb. 8, 2012

Feb. 8, 2012

PACER
78

NOTICE of Unavailability of counsel Melissa A Burke-Cain for Defendant Douglas Porter from 2/14/2012 to 2/20/2012. (Burke-Cain, Melissa) (Entered: 02/10/2012)

Feb. 10, 2012

Feb. 10, 2012

PACER
79

JOINT STATUS REPORT signed by all parties estimated Trial Days: 5.. (Yu, Gail) (Entered: 05/22/2012)

May 22, 2012

May 22, 2012

PACER
80

NOTICE of Stricken Hearing. The Status Conference scheduled Tuesday, May 29, 2012 is stricken. (CC) (Entered: 05/23/2012)

May 23, 2012

May 23, 2012

PACER

Set/Reset Deadlines & Hearings: A status conference is scheduled Friday, September 14, 2012 at 11:00 a.m. before Hon. James L. Robart. Counsel shall file a joint status report by Friday, September 7, 2012. (CC)

May 23, 2012

May 23, 2012

PACER
81

MINUTE ORDER SETTING TRIAL DATE AND RELATED DATES, AND DESIGNATING CASE FOR MEDIATION; Length of Trial: *5 days*. Mediation shall be completed no later than thirty (30) days prior to the trial date. Bench Trial is set for 8/19/2013 at 01:30 PM before Judge James L. Robart. Joinder of Parties due by 8/9/2011, Amended Pleadings due by 11/21/2011, Expert Witness Disclosure/Reports under FRCP 26(a)(2) due by 2/20/2013, Motions due by 3/22/2013, Discovery completed by 4/22/2013, Dispositive motions due by 5/21/2013, Settlement conference to be held by 6/20/2013, 39.1 mediation to be completed by 7/22/2013, Motions in Limine due by 7/15/2013, Pretrial Order due by 7/31/2013, Pretrial Conference set for 8/5/2013 at 02:00 PM before Judge James L. Robart. Trial briefs to be submitted by 8/12/2013, Proposed Findings of Fact and Conclusions of Law to be submitted by 8/12/2013, by Judge James L. Robart. (CC) (Entered: 05/24/2012)

May 24, 2012

May 24, 2012

PACER
82

NOTICE of Stricken Hearing. The status conference scheduled Friday, Sept. 14, 2012 at 11:00 a.m. is stricken. (CC) (Entered: 09/06/2012)

Sept. 6, 2012

Sept. 6, 2012

PACER
83

JOINT STATUS REPORT signed by all parties estimated Trial Days: 5.. (Yu, Gail) (Entered: 09/06/2012)

Sept. 6, 2012

Sept. 6, 2012

PACER

Set/Reset Hearings: A Telephone Conference is scheduled Tuesday, October 23, 2012 at 2:00 p.m. before Hon. James L. Robart. The clerk will initiate the call.(CC)

Oct. 19, 2012

Oct. 19, 2012

PACER
84

MINUTE ENTRY for proceedings held before Judge James L. Robart- Dep Clerk: Casey Condon; Pla Counsel: Blake Marks-Dias; Def Counsel: Gail Yu; Telephone Conference held on 10/23/2012. Trial date remains set for August 19, 2013. The court directs counsel to submit a Joint Status Report by March 15, 2013. (CC) (Entered: 10/23/2012)

Oct. 23, 2012

Oct. 23, 2012

PACER
85

JOINT STATUS REPORT signed by all parties estimated Trial Days: 5.. (Yu, Gail) (Entered: 03/15/2013)

March 15, 2013

March 15, 2013

PACER
86

MINUTE ORDER SETTING TRIAL DATE AND RELATED DATES, AND DESIGNATING CASE FOR MEDIATION; Length of Trial: *5 days*. Mediation shall be completed no later than thirty (30) days prior to the trial date. Bench Trial is set for 8/11/2014 at 01:30 PM before Judge James L. Robart. Joinder of Parties due by 8/9/2011, Amended Pleadings due by 11/21/2011, Expert Witness Disclosure/Reports under FRCP 26(a)(2) due by 2/12/2014, Motions due by 3/14/2014, Discovery completed by 4/14/2014, Dispositive motions due by 5/13/2014, Settlement conference to be held by 6/12/2014, Motions in Limine due by 6/30/2014, Pretrial Order due by 7/23/2014, Pretrial Conference set for 7/28/2014 at 02:00 PM before Judge James L. Robart. Trial briefs to be submitted by 8/4/2014, Proposed Findings of Fact and Conclusions of Law to be submitted by 8/4/2014, by Judge James L. Robart. (CC) (Entered: 04/04/2013)

April 4, 2013

April 4, 2013

PACER
87

MOTION for Attorney Fees Motion for Preliminary Approval of a Partial Class Action Settlement and Agreement on Attorneys' Fees by Plaintiffs Susan Ahmadi, Khaddouj Atif, Anna Sergeyevna Ponomareva, S.J., Rattiya Unthaksinkun. (Attachments: # 1 Proposed Order) Noting Date 10/25/2013, (Marks-Dias, Blake) (Entered: 10/04/2013)

Oct. 4, 2013

Oct. 4, 2013

PACER
88

DECLARATION of Blake Marks-Dias filed by Plaintiffs Susan Ahmadi, Khaddouj Atif, Anna Sergeyevna Ponomareva, S.J., Rattiya Unthaksinkun re 87 MOTION for Attorney Fees Motion for Preliminary Approval of a Partial Class Action Settlement and Agreement on Attorneys' Fees (Marks-Dias, Blake) (Entered: 10/04/2013)

Oct. 4, 2013

Oct. 4, 2013

PACER
89

DECLARATION of Daniel Gross filed by Plaintiffs Susan Ahmadi, Khaddouj Atif, Anna Sergeyevna Ponomareva, S.J., Rattiya Unthaksinkun re 87 MOTION for Attorney Fees Motion for Preliminary Approval of a Partial Class Action Settlement and Agreement on Attorneys' Fees (Marks-Dias, Blake) (Entered: 10/04/2013)

Oct. 4, 2013

Oct. 4, 2013

PACER
90

DECLARATION of Janet Varon filed by Plaintiffs Susan Ahmadi, Khaddouj Atif, Anna Sergeyevna Ponomareva, S.J., Rattiya Unthaksinkun re 87 MOTION for Attorney Fees Motion for Preliminary Approval of a Partial Class Action Settlement and Agreement on Attorneys' Fees (Marks-Dias, Blake) (Entered: 10/04/2013)

Oct. 4, 2013

Oct. 4, 2013

PACER
91

DECLARATION of Preston Cody filed by Plaintiffs Susan Ahmadi, Khaddouj Atif, Anna Sergeyevna Ponomareva, S.J., Rattiya Unthaksinkun re 87 MOTION for Attorney Fees Motion for Preliminary Approval of a Partial Class Action Settlement and Agreement on Attorneys' Fees (Marks-Dias, Blake) (Entered: 10/04/2013)

Oct. 4, 2013

Oct. 4, 2013

PACER
92

NOTICE of Unavailability of counsel Gail S Yu for Defendant Douglas Porter from 10/7/2013 to 10/22/2013. (Yu, Gail) (Entered: 10/04/2013)

Oct. 4, 2013

Oct. 4, 2013

PACER

Case Details

State / Territory: Washington

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: April 7, 2011

Closing Date: July 8, 2014

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiffs are legal immigrants who were excluded from state medical health care coverage.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Washington State Health Care Authority, State

Case Details

Causes of Action:

42 U.S.C. § 1983

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Due Process

Equal Protection

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Attorneys fees

Preliminary injunction / Temp. restraining order

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $264,000

Content of Injunction:

Preliminary relief granted

Issues

General:

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

Discrimination-basis:

Immigration status

Medical/Mental Health:

Medical care, general

Benefit Source:

Medicaid

Immigration/Border:

Status/Classification