Case: Olesky v. Haveman

5:99-cv-00105 | U.S. District Court for the Western District of Michigan

Filed Date: Sept. 15, 1999

Closed Date: Nov. 13, 2001

Clearinghouse coding complete

Case Summary

The Clearinghouse has managed to acquire only limited documents and information about this case.In 1999, Plaintiffs filed a class action lawsuit in Michigan state court against the Michigan Department of Community Health (DCH) and its officials . The suit was filed on behalf of a class of Medicaid recipients confined to Michigan nursing facilities whose screening had identified them as not needing nursing services, though they did require mental health or other specialized services. Using 42 U.…

The Clearinghouse has managed to acquire only limited documents and information about this case.

In 1999, Plaintiffs filed a class action lawsuit in Michigan state court against the Michigan Department of Community Health (DCH) and its officials . The suit was filed on behalf of a class of Medicaid recipients confined to Michigan nursing facilities whose screening had identified them as not needing nursing services, though they did require mental health or other specialized services. Using 42 U.S.C. § 1983 as the basis for their cause of action, they alleged their confinement was in violation of the Nursing Home Reform Act of 1987, the Americans with Disabilities Act, and state law.

The plaintiffs sought injunctive relief, in order to be provided with care in the most integrated setting, i.e. in community-integrated living arrangements such as private homes or group homes, rather than in nursing homes where they would effectively be segregated from the rest of the population. They also sought attorneys' fees and costs.

The State sought to have the case removed to federal court on the grounds that it involved questions of federal law. This motion was granted on September 15, 1999, and the case was transferred to the U.S. District Court for the Western District of Michigan.

On December 6, 1999, the state moved to have the case dismissed. The Court denied this motion on May 1, 2000. The parties reached a settlement on November 13, 2001. The Clearinghouse does not have a copy of this settlement, but according to the PAS Center website, in the settlement Michigan agreed to "assure the appropriate [and] timely community placement of individuals determined to not require nursing facility care." The case appears to be closed.

Summary Authors

Alex Colbert-Taylor (6/28/2013)

People


Judge(s)

Hillman, Douglas Woodruff (Michigan)

Attorneys(s) for Plaintiff

Cody, Mark A. (Michigan)

Hakola, Stewart R. (Michigan)

Luker, Calvin A. (Michigan)

Tuck, Marsha Lynn (Michigan)

Attorneys(s) for Defendant

Rios, Santiago (Michigan)

Judge(s)

Hillman, Douglas Woodruff (Michigan)

Attorneys(s) for Plaintiff

Cody, Mark A. (Michigan)

Hakola, Stewart R. (Michigan)

Luker, Calvin A. (Michigan)

Tuck, Marsha Lynn (Michigan)

Attorneys(s) for Defendant

Rios, Santiago (Michigan)

Documents in the Clearinghouse

Document

5:99-cv-00105

Docket

Nov. 13, 2001

Nov. 13, 2001

Docket
29

5:99-cv-00105

First Amended Complaint

May 4, 2000

May 4, 2000

Pleading / Motion / Brief

Resources

Docket

Last updated July 22, 2022, 3:02 a.m.

ECF Number Description Date Link Date / Link
1

NOTICE OF REMOVAL (24 pgs) by defts w/attached state court documents [including summonses and complaint (exhibit A)]; from Ingham County Circuit Court Case Number: 99−90473−CZ (cmi) (Entered: 09/22/1999)

Sept. 15, 1999

Sept. 15, 1999

2

ATTORNEY APPEARANCE by defts MI Dept Cmnty Health, James K. Haveman Jr., and David T. Verseput adding attorney Santiago Rios (cmi) (Entered: 09/22/1999)

Sept. 15, 1999

Sept. 15, 1999

3

PROOF OF SERVICE by defts for pldgs #1 and #2 (cmi) (Entered: 09/22/1999)

Sept. 15, 1999

Sept. 15, 1999

4

RECEIPT #104101 in the amount of $150.00 submitted by defts for filing fee (cmi) (Entered: 09/22/1999)

Sept. 15, 1999

Sept. 15, 1999

RECEIPT OF CASE LETTER sent to all counsel of record (cmi) (Entered: 09/22/1999)

Sept. 21, 1999

Sept. 21, 1999

ADMITTANCE requirement letter mailed to attorney Calvin A. Luker (cmi) (Entered: 09/22/1999)

Sept. 21, 1999

Sept. 21, 1999

5

ORDER Scheduling Rule 16 Status Conference by Senior Judge Douglas W. Hillman; status conf set for 2:30 p.m. on 11/17/99 before Mag Judge Brenneman; joint status report to be filed 3 business days prior to the conference (cc: all counsel w/DCM and VFM attachments) (gjf) (Entered: 10/15/1999)

Oct. 13, 1999

Oct. 13, 1999

6

ANSWER to complaint by defts w/affirmative defenses and proof of svc (gjf) (Entered: 10/19/1999)

Oct. 15, 1999

Oct. 15, 1999

7

STIPULATION AND ORDER (2 pgs) by Senior Judge Douglas W. Hillman: defts shall have until 10/15/99 to respond to pltf's complaint; defts need not respond at this time to pltfs' first set of interrogatories which were filed prior to removal of this action to this court; the parties shall meet on 10/21/99 at 10:00 a.m. to develop a proposed discovery plan and to discuss other matters specified in FRCP P. 26(f) (cc: all counsel 10/21/99) (skb) (Entered: 10/21/1999)

Oct. 20, 1999

Oct. 20, 1999

8

MOTION by pltfs for class certification, O/A requested w/brief in support, Exh A, prf of svc, and proposed Order (ddk) (Entered: 11/02/1999)

Oct. 28, 1999

Oct. 28, 1999

ATTORNEY Calvin A. Luker admitted to practice (ddk) (Entered: 11/05/1999)

Oct. 28, 1999

Oct. 28, 1999

9

NOTICE of hearing before Senior Judge Douglas W. Hillman: setting oral argument on pltfs' motion for class certification [8−1] at 10:00 am on 12/16/99 (cc: all counsel) (ddk) (Entered: 11/15/1999)

Nov. 12, 1999

Nov. 12, 1999

10

JOINT STATUS REPORT by pltfs and deft w/prf of svc (ddk) (Entered: 11/15/1999)

Nov. 15, 1999

Nov. 15, 1999

11

RESPONSE IN OPPOSITION by deft to pltfs' motion for class certification [8−1], brief in support, and prf of svc (ddk) (Entered: 11/17/1999)

Nov. 17, 1999

Nov. 17, 1999

PROCEEDING before Magistrate Judge Hugh W. Brenneman Jr.: Rule 16 Scheduling Conference held; Recorder: M. Jewell; Tape B99−249 (ddk) Modified on 11/19/1999 (Entered: 11/19/1999)

Nov. 17, 1999

Nov. 17, 1999

13

REPLY BRIEF by pltfs supporting class certification w/prf of svc (ddk) (Entered: 12/06/1999)

Dec. 3, 1999

Dec. 3, 1999

14

MOTION by defts to dismiss, or, in the alternative, for summary judgment w/brief in support, attachments, and prf of svc (ddk) (Entered: 12/08/1999)

Dec. 6, 1999

Dec. 6, 1999

15

PROOF OF SERVICE by defts for answer to pltfs' first set of interrogatories (gjf) (Entered: 12/20/1999)

Dec. 17, 1999

Dec. 17, 1999

16

BRIEF IN OPPOSITION by pltfs to defts' motion to dismiss and for summary judgment [14−1,2] w/attachments, Exhs A−B, prf of svc; O/A requested (ddk) (Entered: 01/12/2000)

Jan. 10, 2000

Jan. 10, 2000

17

SUBSTITUTION/ATTORNEY APPEARANCE by pltfs adding attorney Mark A. Cody in place of and withdrawing attys Stewart R. Hakola and Marsha Lynn Tuck, and cert of svc (ddk) Modified on 02/22/2000 (Entered: 02/22/2000)

Feb. 22, 2000

Feb. 22, 2000

18

NOTICE of hearing before Senior Judge Douglas W. Hillman: setting oral argument on pltfs' motion for class certification [8−1] and deft's motion to dismiss and/or for summary judgment [14−1,2] at 10:00 am on 4/17/00 (cc: all counsel) (ddk) (Entered: 02/24/2000)

Feb. 24, 2000

Feb. 24, 2000

19

NOTICE of hearing before Senior Judge Douglas W. Hillman: Oral Argument re pltfs' motion for class certification [8−1] and deft's motion to dismiss or in the alternative for summary judgment [14−1,2] set for 10:00 am on 4/27/00 (cc: all counsel) (ddk) (Entered: 03/08/2000)

March 7, 2000

March 7, 2000

20

MOTION by pltfs to amend the complaint by adding a party pltf w/memorandum in support, Exhibit A, proposed first amended complaint and prf of svc (skb) (Entered: 03/21/2000)

March 20, 2000

March 20, 2000

21

ORDER OF REFERENCE TO THE MAGISTRATE (1 pg) by Senior Judge Douglas W. Hillman: pltfs' motion to amend the complaint by adding a party pltf [20−1] is referred to Magistrate Judge Hugh W. Brenneman Jr. (cc: all counsel 3/22/00) [EOD Date 3/22/00] (ddk) (Entered: 03/22/2000)

March 21, 2000

March 21, 2000

22

NOTICE of hearing: before Magistrate Judge Hugh W. Brenneman Jr. on pltfs' motion to amend the complaint [20−1]; set for 10:30 am on 4/25/00 (cc: all counsel) (ddk) (Entered: 03/22/2000)

March 22, 2000

March 22, 2000

23

ORDER (1 pg) by Senior Judge Douglas W. Hillman withdrawing Order of Reference to the Magistrate [21−1] re pltfs' motion to amend complaint (dkt #20); cancelling notice of hearing set by Magistrate Judge Hugh W. Brenneman Jr. [22−1]; and scheduling hearing before Sr. Judge Douglas W. Hillman re pltf's motion to amend the complaint [20−1] at 10:00 am on 4/27/00 (cc: all counsel) [EOD Date 3/29/00] (ddk) (Entered: 03/29/2000)

March 29, 2000

March 29, 2000

24

BRIEF IN OPPOSITION by defts to pltfs' motion to amend the complaint by adding a party pltf [20−1] w/attached exh A and prf of svc (ddk) (Entered: 04/10/2000)

April 6, 2000

April 6, 2000

25

MOTION by pltfs for leave to file a reply brief to defts' brief in opposition to pltf's motion to amend complaint w/prf of svc (ddk) (Entered: 04/24/2000)

April 20, 2000

April 20, 2000

27

REPLY BRIEF by pltfs to defts' brief in opposition to pltfs' motion to amend the complaint [20−1] w/Exh A−E (ddk) (Entered: 04/26/2000)

April 24, 2000

April 24, 2000

PROCEEDING before Senior Judge Douglas W. Hillman; oral argument and rulings on three motions: (1) defts' motion to dismiss (dkt #14) is denied; (2) pltf's motion for class certification (dkt #8) is held in abeyance pending further discovery and supporting documentation to be submitted nlt 6/30/00; and (3) pltf's motion to amend complaint (dkt #20) is granted; order to follow; Ct reporter: Pat Pritchard (ddk) (Entered: 04/28/2000)

April 27, 2000

April 27, 2000

28

ORDER (2 pgs) by Senior Judge Douglas W. Hillman denying defts' motion to dismiss [14−1]; granting pltfs' motion to amend the complaint [20−1]; and holding in abeyance pltfs' motion for class certificate [8−1] pending further discovery and submission of additional supporting documents which shall be filed nlt 6/30/00 (cc: all counsel) [EOD Date 5/1/00] (ddk) (Entered: 05/01/2000)

May 1, 2000

May 1, 2000

29

FIRST AMENDED COMPLAINT (21 pgs) [1−2]; adding pltf MI Protection Advoc; w/prf of svc (ddk) (Entered: 05/08/2000)

May 4, 2000

May 4, 2000

32

PROOF OF SERVICE by pltf for copies of the stipulation and order (krv) (Entered: 07/10/2000)

July 3, 2000

July 3, 2000

30

STIPULATION that counsel for pltfs should be granted until 8/31/00 to file additional supporting documentation in support of their motion for class certification and that the discovery ddls set forth by previous order should be extended by an additional 60 days w/proposed order (skb) (Entered: 07/06/2000)

July 5, 2000

July 5, 2000

31

ORDER (1 pg) by Senior Judge Douglas W. Hillman; in accordance w/the parties' stipulation (docket #30) it is ordered that the pltfs' motion for class certification continues to be held in abeyance pending further discovery and the submission of additional documentation, which shall be filed NLT 8/31/00; the Discovery ddl is extended to 10/21/00 (cc: all counsel 7/5/00) [EOD Date 7/6/00] (skb) (Entered: 07/06/2000)

July 5, 2000

July 5, 2000

33

ADDITIONAL DOCUMENTATION (supplement) by pltfs in support of motion for class certification [8−1] with proof of service (mj) (Entered: 09/06/2000)

Aug. 31, 2000

Aug. 31, 2000

34

PROOF OF SERVICE by pltfs for requests for admissions (mj) (Entered: 09/06/2000)

Aug. 31, 2000

Aug. 31, 2000

35

JOINT MOTION for extension of discovery deadline for add'l 60 days (mj) (Entered: 10/02/2000)

Sept. 28, 2000

Sept. 28, 2000

36

ORDER (1 pg) by Senior Judge Douglas W. Hillman granting motion for extension of discovery deadline [35−1] ; discovery ddl extended to 12/21/00 ; pltfs' mtn for class certification continues to be held in abeyance (cc: all counsel on 10/11/00) [EOD 10/13/00] (mj) Modified on 07/27/2001 (Entered: 10/13/2000)

Oct. 11, 2000

Oct. 11, 2000

37

JOINT MOTION (for order) to dissolve 12/21/00 discovery ddl and set status conference in early 2001 w/brief in support (mj) (Entered: 12/06/2000)

Dec. 6, 2000

Dec. 6, 2000

38

ORDER (1 pg) by Senior Judge Douglas W. Hillman granting joint motion to dissolve 12/21/00 discovery ddl and set status conference [37−1]; order establishing deadline for discovery and for submission of add'l materials in connection w/the pending mtn for class certification [36−1] and [36−2] is vacated ; status conf set for 2:00 p.m. on 1/31/01 before Hon. Hugh W. Brenneman, Jr.; nlt 1/29/01 parties to submit to Judge Brenneman a joint report including such information needed to conduct a meaningful conferece (cc: all counsel on 12/15/00) [EOD 12/18/00] (mj) Modified on 07/27/2001 (Entered: 12/18/2000)

Dec. 15, 2000

Dec. 15, 2000

39

JOINT REPORT with proof of svc (mj) (Entered: 01/30/2001)

Jan. 29, 2001

Jan. 29, 2001

PROCEEDING before Magistrate Judge Hugh W. Brenneman Jr.; Rule 16 status Conf held ; recorded on tape B01−06 by G Frayer (mj) (Entered: 02/02/2001)

Jan. 31, 2001

Jan. 31, 2001

41

ORDER (1 pg) by Senior Judge Douglas W. Hillman ; final pretrial conference and trial adjourned w/out date ; case referred to Magistrate Judge Hugh W. Brenneman Jr. for purposes of conducting a settlement conference, and if necessary, for issuance of an order setting forth appropriate ddls for conclusion of this litigation (cc: all counsel on 7/26/01) [EOD 7/27/01] (mj) (Entered: 07/27/2001)

July 26, 2001

July 26, 2001

42

NOTICE of hearing by Magistrate Judge Joseph G. Scoville setting settlement conference for 10:30 a.m. on 8/13/01 (cc: all counsel) (mj) (Entered: 07/31/2001)

July 31, 2001

July 31, 2001

43

NOTICE of hearing by Magistrate Judge Hugh W. Brenneman, Jr. resetting settlement conf and status conf from 8/13/01 to 9:30 a.m. on 8/21/01 (cc: all counsel) (mj) (Entered: 08/03/2001)

Aug. 2, 2001

Aug. 2, 2001

PROCEEDING before Magistrate Judge Hugh W. Brenneman Jr.; status/settlement conference held; settlement reached by parties and placed on the record ; parties to file a motion for clarification of the Court's 5/1/01 Order which is to be decided by Judge Hillman; parties to submit final settlement agreement to Court w/i 10 days; Ct recorder: DDKettner; Tape B01−149 (ddk) (Entered: 08/22/2001)

Aug. 21, 2001

Aug. 21, 2001

44

MOTION by pltfs to clarify the Court's order of 5/1/00 w/brief in support and exhibits A−c (mj) (Entered: 09/18/2001)

Sept. 14, 2001

Sept. 14, 2001

45

PROOF OF SERVICE by pltfs for pldg #44 (mj) (Entered: 09/19/2001)

Sept. 18, 2001

Sept. 18, 2001

46

RESPONSE by defts in opposition to pltfs' motion to clarify the Court's order of 5/1/00 [44−1] w/exhibits 1−2, attachments I−II and proof of svc (mj) (Entered: 10/02/2001)

Oct. 1, 2001

Oct. 1, 2001

47

NOTICE of hearing by Judge Hillman scheduling argument on pltfs' motion to clarify [44−1] and status conf for 9:30 a.m. on 10/26/01 (cc: all counsel) (mj) (Entered: 10/02/2001)

Oct. 2, 2001

Oct. 2, 2001

PROCEEDING before Senior Judge Douglas W. Hillman; oral argument on motion for clarification of court's 5/1/00 order [44−1] adjourned ; status conf on settlement agreement ; proceedings not recorded (mj) (Entered: 10/26/2001)

Oct. 26, 2001

Oct. 26, 2001

48

SETTLEMENT AGREEMENT (mj) (Entered: 11/15/2001)

Nov. 13, 2001

Nov. 13, 2001

49

ORDER (2 pgs) by Senior Judge Douglas W. Hillman approving settlement agreement [ref #48] (cc: all counsel on 11/13/01) [EOD 11/15/01] (mj) (Entered: 11/15/2001)

Nov. 13, 2001

Nov. 13, 2001

50

OPINION (8 pgs) by Senior Judge Douglas W. Hillman denying pltfs' motion to clarify order of 5/1/00 [#44] (cc: all counsel on 11/13/01) [EOD 11/15/01] (mj) (Entered: 11/15/2001)

Nov. 13, 2001

Nov. 13, 2001

51

ORDER (1 pg) by Senior Judge Douglas W. Hillman denying pltfs' motion to clarify the Court's order of 5/1/00 [44−1] and dismissing case w/prejudice; case terminated (cc: all counsel on 11/13/01) [EOD 11/15/01] (mj) (Entered: 11/15/2001)

Nov. 13, 2001

Nov. 13, 2001

Case Details

State / Territory: Michigan

Case Type(s):

Public Benefits/Government Services

Key Dates

Filing Date: Sept. 15, 1999

Closing Date: Nov. 13, 2001

Case Ongoing: No

Plaintiffs

Plaintiff Description:

The class of persons with disabilities receiving Medicaid benefits who were being confined to nursing facilities in Michigan and who had been screened and determined to not need nursing facility services but who did require specialized services.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

NDRN/Protection & Advocacy Organizations

Legal Services/Legal Aid

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Unknown

Defendants

State of Michigan, 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.

Availably Documents:

Trial Court Docket

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Content of Injunction:

Reasonable Accommodation

Issues

General:

Confinement/isolation

Deinstitutionalization/decarceration

Disparate Treatment

Habilitation (training/treatment)

Placement in mental health facilities

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

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

disability, unspecified

Least restrictive environment

Mental impairment

Mental Disability:

Depression

Down syndrome

Intellectual/developmental disability, unspecified

Mental Illness, Unspecified

Medical/Mental Health:

Intellectual/Developmental Disability

Medical care, general

Type of Facility:

Government-run

Benefit Source:

Medicaid