Case: Rosie D. v. Romney

3:01-cv-30199 | U.S. District Court for the District of Massachusetts

Filed Date: Oct. 31, 2001

Case Ongoing

Clearinghouse coding complete

Case Summary

On October 31, 2001, the Center for Public Representation, the Mental Health Legal Advisors Committee, and a private law firm filed a class action under 42 U.S.C. § 1396, against the Governor of Massachusetts and other state officials, in the U.S. District Court for the District of Massachusetts. The lawsuit was filed on behalf of Rosie D. and eight other Medicaid-eligible children, aged 6 to 15, who were hospitalized or at risk of hospitalization due to a lack of home-based services. The class…

On October 31, 2001, the Center for Public Representation, the Mental Health Legal Advisors Committee, and a private law firm filed a class action under 42 U.S.C. § 1396, against the Governor of Massachusetts and other state officials, in the U.S. District Court for the District of Massachusetts. The lawsuit was filed on behalf of Rosie D. and eight other Medicaid-eligible children, aged 6 to 15, who were hospitalized or at risk of hospitalization due to a lack of home-based services. The class they sought to represent included tens of thousands of children in Massachusetts who were eligible for Medicaid (MassHealth) and had emotional, behavioral, or psychiatric disabilities. The plaintiffs alleged that the defendants had failed to provide medically necessary services as required under the federal Medicaid Act, and that it had failed to inform parents and children that they were entitled to these covered services.

On December 19, 2001, the defendants filed a motion to dismiss. On March 29, 2002, the district court (Judge Michael A. Ponsor) denied the motion to dismiss and certified the case as a class action. The defendants appealed the denial of their motion to dismiss. On November 7, 2002, the U.S. Court of Appeals for the First Circuit rejected the defendants’ appeal, holding that children had an enforceable right under the Medicaid Act to medically necessary treatment. 310 F.3d 230.

The district court issued an order compelling the defendants to produce requested documents for the plaintiffs on April 14, 2003. 256 F. Supp. 2d 115.

On December 16, 2004, the defendants filed a motion for summary judgment. On March 25, 2005, the district court denied the motion for summary judgment, and the case headed for trial.

The case went through a six-week trial in the spring of 2005. On January 26, 2006, the court issued a 98-page decision that found that Massachusetts had violated the EPSDT provisions of the federal Medicaid Act (requirements for “Early and Periodic Screening, Diagnostic, and Treatment” services) by failing to provide home-based services to thousands of children across the state. 410 F. Supp. 2d 18. The result of this failure was that thousands of Massachusetts children with serious emotional disturbance were forced to endure unnecessary confinement in residential facilities or to remain in costly institutions far longer than their medical conditions required.

As a result of the judgment, the parties entered into negotiations to create a remedial plan. After six months of negotiations that failed to produce agreement, both sides presented separate plans to the court. On February 22, 2007, the court approved a modified version of the defendants’ plan. 474 F. Supp. 2d 238. The court’s adopted plan sought to restructure the children's mental health system by incorporating intensive home-based services, including behavioral health screenings, assessments, case management, crisis intervention, and in-home therapeutic supports. The plan’s strict timelines required full implementation by June 2009. The court also appointed a monitor to oversee the implementation, to mediate disputes between the parties, and to determine compliance with the court’s order.

On January 16, 2009, the defendants filed a motion to modify the judgment and to give them until July 1, 2010 to implement the plan. On February 27, 2009, the district court granted some extra time to the defendants, allowing them until December 1, 2009, to fully implement the remedial plan.

Both parties submitted periodical implementation reports on the remedial plan. On November 29, 2011, the court partially granted the plaintiffs’ motion to insure timely access to remedial services. The court ordered the defendants to propose a new plan for standards governing enrollment in Intensive Care Coordination, and a new timetable for implementation of these standards. The court also ordered that the defendants must appear before it every 60 days to report on their compliance progress.

Over the next few years, both parties continued to submit status reports, and the court proceeded to extend the monitor’s role in six-month increments and endorsed the parties’ agreement regarding the monitor’s budget.

On February 7, 2019, the court denied the defendants’ motion to terminate monitoring. It noted that despite “persistent prodding from the court, Defendants are still grossly failing” to bring themselves into compliance with the remedial plan. Specifically, the defendants had failed to demonstrate they could provide “reasonably prompt” care to a substantial portion of the plaintiffs, which was defined as offering an initial appointment within fourteen days after initial contact. Citing this, and the defendants’ apparent lack of effort at compliance, the court retained its power to continue its supervision.

The defendants appealed this decision to the First Circuit on March 11, 2019. On March 13, the court denied the plaintiffs’ two outstanding motions, “in light of the general rule that…the filing of an appeal deprives a district court of the power to act substantively in a case until proceedings on appeal conclude.” The same day, the case was reassigned to Judge Richard G. Stearns.

On July 1, 2019, the district court granted the plaintiffs’ motion to extend the appointment of the court monitor, subject to the First Circuit’s ruling on appeal.

On May 4, 2020, the First Circuit reversed the judgment of the district court. It held that because the parties’ agreement had provided for the monitor’s appointment to conclude on December 31, 2018, the district court had improperly extended the monitor’s appointment. On remand, the plaintiffs should have the opportunity to show “good cause” to modify the agreement by extending the monitor’s appointment; the district court should analyze the question in light of Rufo v. Inmates of Suffolk County Jail. 958 F.3d 51

The First Circuit denied the plaintiffs’ motion for rehearing en banc (before the entire court, rather than the typical 3-judge panel) on June 17, 2020. As of August 2020, further proceedings are pending in the district court.

Summary Authors

Kristen Sagar (3/14/2009)

Andrew Junker (12/4/2014)

Edward Cullen (3/21/2019)

Gregory Marsh (8/10/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4276559/parties/rosie-d-v-romney/


Judge(s)
Attorney for Plaintiff

Bartosz, Sara Michelle (Massachusetts)

Borten, Laurence D. (Massachusetts)

Attorney for Defendant

Barshak, Jason B. (Massachusetts)

Bayless, Jeremy D. (Massachusetts)

Expert/Monitor/Master/Other

Aleo, Michael E. (Massachusetts)

Documents in the Clearinghouse

Documents in this case

3:01-cv-30199

1:10-cv-30073

19-01262

19-01767

Docket [PACER]

July 28, 2020

July 28, 2020

Docket
1

3:01-cv-30199

Complaint

Rosie D. v. Swift

Oct. 31, 2001

Oct. 31, 2001

Complaint
9

3:01-cv-30199

Protective Order

Rosie D. v. Swift

Dec. 13, 2001

Dec. 13, 2001

Order/Opinion

3:01-cv-30199

Memorandum of Law in Support of Motion to Dismiss

Rosie D v. Swift

Dec. 18, 2001

Dec. 18, 2001

Pleading / Motion / Brief

02-01604

Appellate Decision

Rosie D. v. Swift

U.S. Court of Appeals for the First Circuit

Nov. 7, 2002

Nov. 7, 2002

Order/Opinion

310 F.3d 230

67

3:01-cv-30199

Memorandum and Order with Regard to Plaintiff's Motion to Compel

April 14, 2003

April 14, 2003

Order/Opinion

256 F.Supp.2d 115

3:01-cv-30199

Joint Motion to Amend Protective Order

Dec. 1, 2003

Dec. 1, 2003

Pleading / Motion / Brief
157

3:01-cv-30199

Memorandum of Law in Support of Defendant's Motion for Summary Judgment

Dec. 16, 2004

Dec. 16, 2004

Pleading / Motion / Brief
331

3:01-cv-30199

Memorandum of Decision

Jan. 26, 2006

Jan. 26, 2006

Order/Opinion

410 F.Supp.2d 18

3:01-cv-30199

Plaintiffs' Final Remedial Plan

Aug. 18, 2006

Aug. 18, 2006

Pleading / Motion / Brief

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4276559/rosie-d-v-romney/

Last updated July 22, 2026, 5:05 a.m.

ECF Number Date Description Link
Oct. 31, 2001

Summons issued for Jane M. Swift, Robert Gittens, Stephen P. Crosby, Wendy E. Warring (mef)

1 Oct. 31, 2001

Complaint filed. Case assigned to Judge: Michael A. Ponsor. Receipt #: 304684. Amount: $150.00. Filing Fee: Paid. CF, LR 4.1, notice of lawsuit and waiver of service of summons to Counsel. (mef) (Entered: 10/31/2001)

RECAP
2 Oct. 31, 2001

Motion by Rosie D., Tyriek H., Joshua D., Sheena M., Devin E., Anton B., Nathan F., Shaun E., Jerry N. to proceed by pseudonym filed. (mef) (Entered: 10/31/2001)

RECAP
3 Oct. 31, 2001

Memorandum by Rosie D., Tyriek H., Joshua D., Sheena M., Devin E., Anton B., Nathan F., Shaun E., Jerry N. in support of [2-1] motion to proceed by pseudonym, filed. (mef) (Entered: 10/31/2001)

RECAP
4 Oct. 31, 2001

Exhibits by Rosie D., Tyriek H., Joshua D., Sheena M., Devin E., Anton B., Nathan F., Shaun E., Jerry N. [2-1] motion to proceed by pseudonym (mef) (Entered: 10/31/2001)

RECAP
Oct. 31, 2001

Summons Issued

Nov. 2, 2001

Judge Michael A. Ponsor . Endorsed Order entered granting [2-1] motion to proceed by pseudonym . [EOD Date 11/2/01] cc/cl (mgl)

Nov. 2, 2001

Description not available

5 Nov. 13, 2001

Return of service executed as to Jane M. Swift, Robert Gittens, Stephen P. Crosby, Wendy E. Warring w/s/o 11/5/2001 filed. Answer due on 11/25/01 for Wendy E. Warring, Stephen P. Crosby, Robert Gittens, Jane M. Swift (mef) (Entered: 11/13/2001)

RECAP
6 Nov. 13, 2001

Ps' Consent to Trial by Magistrate filed. (mef) (Entered: 11/13/2001)

RECAP
7 Dec. 10, 2001

Joint motion by Rosie D., et al., and Jane M. Swift, et al., for a scheduling order, filed. . c/s (mgl) (Entered: 12/10/2001)

RECAP
8 Dec. 10, 2001

Joint motion by Rosie D., et al., and Jane M. Swift, et al., to adopt protective order, filed. . c/s (mgl) (Entered: 12/10/2001)

RECAP
Dec. 13, 2001

Judge Michael A. Ponsor . Endorsed Order entered granting in part [7-1] joint motion for a scheduling order, Reply memoes will be filed by 1/25/02, A pretrial conference and oral argument on the motions to dismiss and certify will be 1/30/02 at 2:30 PM. . [EOD Date 12/13/01] cc/cl (mgl)

Dec. 13, 2001

Description not available

Dec. 13, 2001

Judge Michael A. Ponsor . Endorsed Order entered granting [8-1] joint motion to adopt protective order . [EOD Date 12/13/01] cc/cl (mgl)

9 Dec. 13, 2001

Judge Michael A. Ponsor . Protective Order entered. See order for details. [EOD Date 12/13/01] cc/cl (mgl) (Entered: 12/13/2001)

RECAP
10 Dec. 19, 2001

Notice of appearance of attorney for Jane M. Swift, Robert Gittens, Stephen P. Crosby, Wendy E. Warring by Stephanie S. Lovell, Daniel J. Hammond, timothy M Jones, Bart Q. Hollander, Deirdre Roney, filed. (mgl) (Entered: 12/19/2001)

RECAP
11 Dec. 19, 2001

Motion by Jane M. Swift, Robert Gittens, Stephen P. Crosby, Wendy E. Warring to dismiss, and to stay disclosure and discovery and certificate of compliance with local rule 7.1(A)(2), filed. c/s (mgl) (Entered: 12/19/2001)

RECAP
12 Dec. 19, 2001

Motion by Jane M. Swift, Robert Gittens, Stephen P. Crosby, Wendy E. Warring for leave to file oversize memorandum of law, filed. c/s (mgl) (Entered: 12/19/2001)

RECAP
13 Dec. 21, 2001

Pltfs' Motion to certify class action, filed. (jcs) (Entered: 12/21/2001)

RECAP
14 Dec. 21, 2001

Memorandum in support of [13-1] motion to certify class action, filed. (jcs) (Entered: 12/21/2001)

RECAP
15 Jan. 4, 2002

Joint motion by Rosie D., Jane M. Swift to adopt amended protective order, filed. . (mgl) (Entered: 01/04/2002)

RECAP
Jan. 9, 2002

Judge Michael A. Ponsor . Endorsed Order entered granting [15-1] joint motion to adopt amended protective order . [Date 1/9/02] cc/cl (mgl)

Jan. 9, 2002

Description not available

16 Jan. 9, 2002

Judge Michael A. Ponsor . Protective Order entered . See order for details, [EOD Date 1/9/02] cc/cl (mgl) (Entered: 01/09/2002)

RECAP
17 Jan. 9, 2002

Notice of change of address filed by timothy M Jones by Jane M. Swift . c/s (mgl) (Entered: 01/09/2002)

RECAP
18 Jan. 18, 2002

Memorandum by Jane M. Swift, Robert Gittens, Stephen P. Crosby, Wendy E. Warring in opposition to [13-1] motion to certify class action, filed. c/s (mgl) (Entered: 01/18/2002)

RECAP
19 Jan. 18, 2002

Assented to Motion by Rosie D., et al., for leave to file memorandum in excess of twenty pages, filed. c/s (mgl) Modified on 01/22/2002 (Entered: 01/22/2002)

RECAP
20 Jan. 18, 2002

Response by Rosie D. in opposition to [11-1] motion to dismiss, filed. c/s (mgl) Modified on 01/22/2002 (Entered: 01/22/2002)

RECAP
Jan. 22, 2002

Judge Michael A. Ponsor . Endorsed Order entered granting [19-1] motion for leave to file memorandum in excess of twenty pages. [EOD Date 1/22/02] cc/cl (mgl)

Jan. 22, 2002

Description not available

21 Jan. 25, 2002

Judge Michael A. Ponsor . Notice of Hearing/conference: Motion hearing before Judge Michael A. Ponsor set for 2:30 3/29/02 for [13-1] motion to certify class action, [11-1] motion to dismiss, reset pretrial conference for 2:30 3/29/02 before Judge Michael A. Ponsor . (laf) (Entered: 01/25/2002)

RECAP
22 Jan. 25, 2002

Joint statement by Rosie D., Tyriek H., Joshua D., Sheena M., Devin E., Anton B., Nathan F., Shaun E., Jerry N., Jane M. Swift, Robert Gittens, Stephen P. Crosby, Wendy E. Warring for scheduling conference . (bah) (Entered: 01/25/2002)

RECAP
23 Jan. 25, 2002

Reply Memorandum of law by Jane M. Swift in support of [11-1] motion to dismiss, filed. c/s (mgl) (Entered: 01/25/2002)

RECAP
24 Jan. 25, 2002

Reply by Rosie D., Tyriek H., Joshua D., Sheena M., Devin E., Anton B., Nathan F., Shaun E., Jerry N. to response to [13-1] motion to certify class action, filed, c/s. (bah) (Entered: 01/29/2002)

RECAP
25 Feb. 15, 2002

Nine Pltf's Rule 16.1 Certifications filed . (jcs) (Entered: 02/15/2002)

RECAP
26 March 28, 2002

Rule 16.1 Certification filed by Jane M. Swift . (mgl) (Entered: 03/28/2002)

RECAP
27 March 28, 2002

Rule 16.1 Certification of Kevin Sullivan. filed. (mgl) (Entered: 03/28/2002)

RECAP
28 March 28, 2002

Rule 16.1 Certification filed by Wendy E. Warring . (mgl) (Entered: 03/28/2002)

RECAP
March 29, 2002

Judge Michael A. Ponsor. Endorsed Order entered denying [11-1] motion to dismiss, and denying [11-2] motion to stay disclosure. DENIED. The arguments regarding 11th amendment immunity 1983 are contrary to the weight of persuasive authority. The rule 12(b)(6) arguments can be raised more effectively following discovery and may be addressed then, if appropriate. Note: motion to stay is DENIED as moot. [EOD Date 4/1/02] cc/cl (mgl)

March 29, 2002

Description not available

March 29, 2002

Judge Michael A. Ponsor . Endorsed Order entered granting [13-1] motion to certify class action . [EOD Date 4/1/02] cc/cl (mgl)

March 29, 2002

Judge Michael A. Ponsor . Endorsed Order entered granting [12-1] motion for leave to file oversize memorandum of law [EOD Date 4/1/02] cc/cl (mgl)

29 March 29, 2002

Memorandum by Jane M. Swift, Robert Gittens, Stephen P. Crosby, Wendy E. Warring in support of [11-1] motion to dismiss, filed. c/s (mgl) (Entered: 04/01/2002)

RECAP
30 April 1, 2002

Judge Michael A. Ponsor . Pretrial Scheduling Order entered as follows: Assuming that dft's decide not to proceed with an interlocutory appeal, all non-expert discovery due 1/31/03, on or before 2/28/03 each side will convey to the other their rule 26 report, all expert deposition due 3/31//03, a final Pretrial conference is set for 2:00 P.M. on 4/11/03, in the event dft's decide to file an interlocutory appeal, a motion for stay pending appeal will be filed by 4/30/02, and opposition due on 5/17/02 [EOD Date 4/1/02] cc/cl (mgl) (Entered: 04/01/2002)

RECAP
31 April 1, 2002

Judge Michael A. Ponsor. Procedural Order entered re: Pretrial on 4/11/03/Trial; . [EOD Date 4/1/02] c/s (mgl) (Entered: 04/01/2002)

RECAP
32 April 29, 2002

Notice of appeal by Jane M. Swift, Robert Gittens, Stephen P. Crosby, Wendy E. Warring filed. Fee Status: pd Fee Amount: $ 105.00 Receipt #: 304865 Appealing: [0-0] endorsed order. Appeal record due on 5/14/02 (mgl) (Entered: 04/29/2002)

RECAP
33 April 29, 2002

Motion by Jane M. Swift, Robert Gittens, Stephen P. Crosby, Wendy E. Warring to stay disclosure and discovery pending appeal of eleventh amendment ruling and certificate of compliance with local rule 7.1(A)(2), filed. c/s (mgl) (Entered: 04/29/2002)

RECAP
34 April 29, 2002

Memorandum of law by Jane M. Swift, Robert Gittens, Stephen P. Crosby, Wendy E. Warring in support of [33-1] motion to stay disclosure and discovery pending appeal of eleventh amendment ruling and certificate of compliance with local rule 7.1(A)(2), filed. c/s (mgl) (Entered: 04/29/2002)

RECAP
35 April 29, 2002

Certificate of Consultation re: [33-1] motion to stay disclosure and discovery pending appeal of eleventh amendment ruling and certificate of compliance with local rule 7.1(A)(2), filed. (mgl) (Entered: 04/29/2002)

RECAP
36 May 1, 2002

Rule 16.1 Certification filed by Jane M. Swift, Robert Gittens, Stephen P. Crosby, Wendy E. Warring . (mef) (Entered: 05/01/2002)

RECAP
May 2, 2002

Transcript of 3/29/2002 motion hearing forwarded to the Appeals Clerk - [37-1]. (mef)

37 May 2, 2002

Volume I of Transcript of Hearing held on proceeding date: 3/29/2002 at 2:30 P.M. before Judge: Michael A. Ponsor filed. Court Reporter: Leigh B. Gershowitz. (mef) (Entered: 05/02/2002)

RECAP
May 2, 2002

Docket Annotation

May 9, 2002

Transcript Order Form returned to the Court for [32-1] appeal...Transcript of 3/29/2002 motion hearing and decision by Judge Ponsor ordered. (mef)

May 9, 2002

Appeal Transcript Order Form

May 9, 2002

Docket Annotation

May 9, 2002

Transcript Order Form forwarded to the Appeals Clerk. (mef)

38 May 20, 2002

Motion to extend time to 5/28/02 to file opposition to motion to stay disclosure and discovery pending appeal, filed.(assented to) (jcs) (Entered: 05/20/2002)

RECAP
May 23, 2002

Original file and docket sheet forwarded to the Appeals Clerk. (mef)

May 23, 2002

Description not available

May 23, 2002

Docket Annotation

May 23, 2002

Judge Michael A. Ponsor . Endorsed Order entered granting [38-1] motion to extend time to 5/28/02 to file opposition to motion to stay disclosure and discovery pending appeal, Response to motion reset to 5/28/02 for [33-1] motion to stay disclosure and discovery pending appeal of eleventh amendment ruling and certificate of compliance with local rule 7.1(A)(2) . [EOD Date 5/24/02] (laf)

May 28, 2002

Certified copy of docket and record on appeal forwarded to U.S. Court of Appeals re: [32-1] appeal. (jr)

39 May 28, 2002

Ps' Partial resp. in opposition to [33-1] motion to stay disclosure and discovery pending appeal of eleventh amendment ruling and certificate of compliance with local rule 7.1(A)(2), filed. (mef) (Entered: 05/28/2002)

RECAP
May 28, 2002

Full Record on Appeal Sent to USCA

May 29, 2002

Judge Michael A. Ponsor . Endorsed Order entered granting [33-1] motion to stay disclosure and discovery pending appeal of eleventh amendment ruling and certificate of compliance with local rule 7.1(A)(2). ALLOWED, with the limitations and upon the conditions set forth in the conclusion of plaintiff's partial opposition. Dkt. 39 at 6-7. [EOD Date 5/29/02] cc/cl (mgl)

May 29, 2002

Description not available

June 6, 2002

US Court of Appeals Case Number assigned to [32-1] appeal: USCA NUMBER: 02-1604. (jr)

June 6, 2002

USCA Case Number

June 7, 2002

Transmitted supplemental record on appeal: re: [32-1] appeal Document numbers: 37 (jr)

June 7, 2002

Supplemental ROA Sent to USCA

40 July 15, 2002

Certified Copy of Order of the US Court of Appeals dated re: [32-1] appeal. Under the circumstances, we think it preferable to temporarily stay the disclosure requirement in order to permit Defts. to raise thier concerns anent this requirement in the District Court. The disclosure requirement will be stayed for a period of ten days in order to permit the Govt. to file a motion for reconsideration in the District Court. If the Govt. files such a motion in a timely fashion, the disclosure requirement will be further stayed pending order of the District Court or this Court. If either side is dissatisfied with the District Court's ruling, it may seek further relief from this Court. (mef) Modified on 07/16/2002 (Entered: 07/15/2002)

RECAP
41 July 22, 2002

Ds' Motion for partial reconsideration of 5/29/2002 [0-0] endorsed order re: Order requiring the Ds' to disclose names and addresses of Medicaid recipient children and upon reconsideration the Court deny Ps' req. for such an Order filed. (mef) (Entered: 07/22/2002)

RECAP
42 July 22, 2002

Ds' Memorandum in support of [41-1] motion for partial reconsideration of 5/29/2002 [0-0] endorsed order re: Order requiring the Ds' to disclose names and addresses of Medicaid recipient children and upon reconsideration the Court deny Ps' req. for such an Order, filed. (mef) (Entered: 07/22/2002)

RECAP
43 July 22, 2002

Ds' Affidavit of Laurie Ansorge Ball in support of [41-1] motion for partial reconsideration of 5/29/2002 [0-0] endorsed order filed. (mef) (Entered: 07/22/2002)

RECAP
44 July 22, 2002

Ds' Affidavit of Joan Mikula in support of [41-1] motion for partial reconsideration of 5/29/2002 [0-0] endorsed order filed. (mef) (Entered: 07/22/2002)

RECAP
45 July 22, 2002

Ds' Affidavit of Mary Ellen Bennard in support of [41-1] motion for partial reconsideration of 5/29/2002 [0-0] endorsed order filed. (mef) (Entered: 07/22/2002)

RECAP
46 July 22, 2002

Ds' Affidavit of Deirdre Roney in support of [41-1] motion for partial reconsideration of 5/29/2002 [0-0] endorsed order filed. (mef) (Entered: 07/22/2002)

RECAP
47 Aug. 2, 2002

PLaintiffs' Response in opposition to [41-1] motion for partial reconsideration of 5/29/2002 [0-0] endorsed order re: Order requiring the Ds' to disclose names and addresses of Medicaid recipient children and upon reconsideration the Court deny Ps' req. for such an Order, filed. (jcs) (Entered: 08/02/2002)

RECAP
48 Aug. 2, 2002

Affidavit of Cathy E. Costanzo, re: [47-1] opposition response, filed. (jcs) (Entered: 08/02/2002)

RECAP
Aug. 7, 2002

Judge Michael A. Ponsor . Endorsed Order entered granting [41-1] motion for partial reconsideration of 5/29/2002 [0-0] endorsed order re: Order requiring the Ds' to disclose names and addresses of Medicaid recipient children and upon reconsideration the Court deny Ps' req. for such an Order. The discovery need not be provided during the pendency of the expedited appeal. Concern about maintaining the status quo is at present speculative. Pltfs. may move for specific discovery if concrete evidence of likely harm to the class emerges; cc/cl. [EOD Date 8/7/02] (mef)

Aug. 7, 2002

Description not available

49 Nov. 12, 2002

Order of the US Court of Appeals re: [32-1] appeal...the Judgment of the District Court is AFFIRMED. (mef) (Entered: 11/12/2002)

RECAP
50 Nov. 12, 2002

Opinion of the Court of Appeals re: [32-1] appeal entered. AFFIRMED. (mef) (Entered: 11/12/2002)

RECAP
Dec. 5, 2002

Record on appeal returned from U.S. Court of Appeals, re: [32-1] appeal. (jr)

51 Dec. 5, 2002

Mandate of US Court of Appeals re: [32-1] appeal affirming the judgment of the district court. (jr) (Entered: 12/05/2002)

RECAP
Dec. 5, 2002

Appeal Record Returned

52 Dec. 16, 2002

Joint motion by Rosie D., Tyriek H., Joshua D., Sheena M., Devin E., Anton B., Nathan F., Shaun E., Jerry N., Jane M. Swift, Robert Gittens, Stephen P. Crosby, Wendy E. Warring to amend [30-1] pretrial Scheduling order, filed. . (mgl) (Entered: 12/16/2002)

RECAP
53 Dec. 18, 2002

Judge Michael A. Ponsor . Pretrial Scheduling Order entered setting Discovery cutoff 10/31/03 Expert witness list due on 12/31/03 Pretrial conference at 3:00 P.M. on 1/8/04 . [EOD Date 12/19/02] cc/cl (mgl) (Entered: 12/19/2002)

RECAP
54 Dec. 18, 2002

Judge Michael A. Ponsor . Procedural Order entered re: Pretrial/Trial; . [EOD Date 12/19/02] cc/cl (mgl) (Entered: 12/19/2002)

RECAP
55 Dec. 23, 2002

Notice of withdrawal of counsel by attorney Sara Jane Shanahan for Joshua D., attorney Sara Jane Shanahan for Tyriek H., attorney Sara Jane Shanahan for Rosie D. filed. (mgl) (Entered: 12/23/2002)

RECAP
56 Feb. 26, 2003

Notice of appearance of attorney for Rosie D., Tyriek H., Joshua D., Sheena M., Devin E., Anton B., Nathan F., Shaun E., Jerry N. by Samantha J. Morton, filed. (mgl) (Entered: 02/26/2003)

RECAP
57 March 5, 2003

Motion by Rosie D., et, al., to compel responses to document requests involving client confidential information and reqests for oral argument, filed. c/s (mgl) (Entered: 03/05/2003)

RECAP
58 March 5, 2003

Memorandum by Rosie D., et al., in support of their [57-1] motion to compel responses to document requests involving client confidential information and reqests for oral argument, filed. c/s (mgl) (Entered: 03/05/2003)

RECAP
59 March 5, 2003

Motion by Rosie D., et al., to compel production of documents within DMA'S control, filed. c/s (mgl) (Entered: 03/05/2003)

RECAP
60 March 5, 2003

Memorandum of law by Rosie D., et al., in support of their [59-1] motion to compel production of documents within DMA'S control, filed. c/s (mgl) (Entered: 03/05/2003)

RECAP
61 March 5, 2003

(Assented to) Motion by Rosie D., et al., and Jane M. Swift, et al., to proposed scheduling dates, filed. c/s (mgl) (Entered: 03/05/2003)

RECAP
March 7, 2003

Judge Michael A. Ponsor . Endorsed Order entered granting [61-1] motion to set a schedule re: motion to compel. Hearing, if necessary, to be scheduled once all filings have have been made; cc/cl.[EOD Date 3/7/03] (mef)

March 7, 2003

Description not available

Case Details

State / Territory:

Massachusetts

Case Type(s):

Mental Health (Facility)

Special Collection(s):

Multi-LexSum (in sample)

Olmstead Cases

Key Dates

Filing Date: Oct. 31, 2001

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

All Medicaid-eligible children in Massachusetts with psychiatric or emotional disabilities who would benefit from home-based services.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

State

State of Massachusetts

Defendant Type(s):

Hospital/Health Department

Jurisdiction-wide

Facility Type(s):

Government-run

Case Details

Other Dockets:

District of Massachusetts 3:01-cv-30199

U.S. Court of Appeals for the First Circuit 02-01604

District of Massachusetts 1:10-cv-30073

District of Massachusetts 19-01262

District of Massachusetts 19-01767

Available Documents:

Any published opinion

Complaint (any)

Injunctive (or Injunctive-like) Relief

Monetary Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Content of Injunction:

Develop anti-discrimination policy

Monitoring

Monitor/Master

Reasonable Accommodation

Reporting

Order Duration: 2007 - 2020

Issues

General/Misc.:

Classification / placement

Juveniles

Public assistance grants

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

Reassessment and care planning

Rehabilitation

Benefits (Source):

Medicaid

Disability and Disability Rights:

Disability, unspecified

Intellectual/developmental disability, unspecified

Least restrictive environment

Mental Illness, Unspecified

Mental impairment

Reasonable Accommodations

Discrimination Basis:

Disability (inc. reasonable accommodations)

Affected Sex/Gender(s):

Female

Male

Jails, Prisons, Detention Centers, and Other Institutions:

Commitment procedure

Deinstitutionalization/decarceration

Habilitation (training/treatment)

Medical/Mental Health Care:

Mental health care, general

Mental health care, unspecified

Recommended Citation