Case: Bill M. v. Nebraska Department of Health and Human Services

4:03-cv-03189 | U.S. District Court for the District of Nebraska

Filed Date: May 20, 2003

Closed Date: 2008

Clearinghouse coding complete

Case Summary

On May 20, 2003, Bill M. and other developmentally disabled Nebraska residents filed a lawsuit under Americans with Disabilities Act, section 504 of the Rehabilitation Act, federal Medicaid statutes, the Due Process Clause, against the Nebraska Department of Health and Human Services Finance and Support in the United States District Court, District of Nebraska. The plaintiffs, represented by Nebraska Advocacy Services, asked the court for declaratory and injunctive relief, claiming that the S…

On May 20, 2003, Bill M. and other developmentally disabled Nebraska residents filed a lawsuit under Americans with Disabilities Act, section 504 of the Rehabilitation Act, federal Medicaid statutes, the Due Process Clause, against the Nebraska Department of Health and Human Services Finance and Support in the United States District Court, District of Nebraska. The plaintiffs, represented by Nebraska Advocacy Services, asked the court for declaratory and injunctive relief, claiming that the State unlawfully provided inadequate funding for developmental disability services, thereby raising the risk that the plaintiffs would be placed institutional (as opposed to residential or community) settings.

On August 6, 2004, the District Court (Judge Richard G. Kopf) denied defendants' motion to dismiss based on 11th Amendment sovereign immunity. Defendants took an interlocutory appeal to the Eighth Circuit Court of Appeals. On May 27, 2005, the Eighth Circuit (Judge Roger Wollman) reversed with respect to Plaintiffs' Title II claim and held that the claim should be dismissed based on Nebraska's sovereign immunity. Bill M. ex rel William M. v. Nebraska Department of Health and Human Services Finance and Support, 408 F.3d 1096 (8th Cir. 2005). The Court held, however, that plaintiffs could still proceed under an almost identical claim under Section 504 of the Rehabilitation Act.

On remand, on September 2, 2005, the District Court dismissed Plaintiffs' first claim for relief under Title II of the ADA.

Magistrate Judge David L. Piester issued a Report and Recommendation regarding Plaintiffs' first motion for class certification and appointment of class counsel on June 20, 2005, that recommended that class certification be denied.

On June 22, 2007, Magistrate Judge Piester issued his Report and Recommendation regarding Plaintiffs' second motion for class certification and appointment of class counsel, again finding that class certification should be denied. On July 17th, Judge Kopf adopted the Report and Recommendation and denied class certification. Bill M. ex rel William M. v. Nebraska Department of Health and Human Services Finance and Support, 2007 WL 2068187 (July 17, 2007, D. Neb.)

The parties filed their settlement agreement with the Court on April 2, 2008.

On April 9, 2008, the Court issued a memorandum and order requiring the parties to review the consequences of the Court granting the parties' joint motion and stipulation for approval of settlement. Subject to the limitations stated in the order, the Court approved the parties' settlement agreement on April 21, 2008.

The Court denied Plaintiffs' motion for attorneys' fees on June 20, 2008. Bill M. ex rel William M. v. Nebraska Department of Health and Human Services, 2008 WL 2550648 (June 20, 2008, D. Neb.)

Plaintiffs appealed the denial of attorney fees to the Eighth Circuit Court of Appeals. Judge Steven Colloton issued the Court's opinion, affirming the District Court's decision, on March 9, 2009. Bill M. ex rel William M. v. Nebraska Department of Health and Human Services Finance and Support, 570 F.3d 1001 (8th Cir. 2009).

There has been no further activity in the case.

Summary Authors

Haley Waller (6/15/2010)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5639828/parties/m-v-nebraska-department-of-health-and-human-services-finance-and-support/


Judge(s)

Bright, Myron H. (North Dakota)

Colloton, Steven M. (Iowa)

Kopf, Richard George (Nebraska)

Piester, David L. (Nebraska)

Wollman, Roger Leland (South Dakota)

Attorneys(s) for Plaintiff

DeLair, Diane (Nebraska)

James, Shirley Mora (Nebraska)

Mason, Bruce G. (Nebraska)

Attorneys(s) for Defendant

Bruning, Jon (Nebraska)

McGath, David B. (Nebraska)

Judge(s)

Bright, Myron H. (North Dakota)

Colloton, Steven M. (Iowa)

Kopf, Richard George (Nebraska)

Piester, David L. (Nebraska)

Wollman, Roger Leland (South Dakota)

Attorneys(s) for Plaintiff

DeLair, Diane (Nebraska)

James, Shirley Mora (Nebraska)

Mason, Bruce G. (Nebraska)

Attorneys(s) for Defendant

Bruning, Jon (Nebraska)

McGath, David B. (Nebraska)

Rumbaugh, Michael J. (Nebraska)

Other Attorney(s)

Acosta, R. Alexander (District of Columbia)

Russell, Kevin K. (District of Columbia)

Silver, Jessica Dunsay (District of Columbia)

Expert/Monitor/Master

Hansen, David Rasmussen (Iowa)

Documents in the Clearinghouse

Document

Docket

Bill M. v. Nebraska Department of Health and Human Services Finance and Support

July 27, 2009 Docket
66

MEMORANDUM AND ORDER (Order denying motion to dismiss)

Aug. 6, 2004 Order/Opinion

BRIEF FOR THE UNITED STATES AS INTERVENOR

U. S. Court of Appeals for the Eighth Circuit

Nov. 26, 2004 Pleading / Motion / Brief

8TH CIRCUIT OPINION 2005

U. S. Court of Appeals for the Eighth Circuit

408 F.3d 1096

May 27, 2005 Order/Opinion
86

REPORT AND RECOMMENDATION

June 20, 2005 Magistrate Report/Recommendation
105

MEMORANDUM AND ORDER (Order Dismissing ADA Claim)

Sept. 2, 2005 Order/Opinion
106

MEMORANDUM AND ORDER (Order denying class certification)

Sept. 8, 2005 Order/Opinion
12

Second Amended Complaint

June 16, 2006 Complaint
135

DEFENDANTS’ ANSWER TO SECOND AMENDED COMPLAINT

Aug. 17, 2006 Pleading / Motion / Brief
153

REPORT AND RECOMMENDATION

June 22, 2007 Magistrate Report/Recommendation

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5639828/m-v-nebraska-department-of-health-and-human-services-finance-and-support/

Last updated May 20, 2022, 2:08 a.m.

ECF Number Description Date Link
83

ORDER-Upon the representations of counsel IT IS ORDERED: A planning conference will be held November 2, 2005 at 9:00 a.m. in the chambers of the undersigned, Room 566 Federal Building, 100 Centennial Mall North, Lincoln, Nebraska. Planning Conference set for 11/2/2005 09:00 AM before Magistrate Judge David L. Piester. Signed by Magistrate Judge David L. Piester on 6/9/2005. (GJG, )

June 9, 2005 RECAP
1

COMPLAINT filed by Attorneys Dianne D. DeLair Canto, Bradford E. Kistler, Bruce G. Mason, Shirley A. Mora James and David W. Rowe on behalf of John Doe, Bill M., Jane S., Jennifer T., Heather V. and Kevin V. against Stephen B. Curtiss, Nebraska Department of Health &Human Services, Nebraska Department of Health and Human Services Finance and Support and Ron Ross. No Summons issued, with receipt number 404609, in the amount of $150. (Attachments: # 1 E−mail to Clerk)(JAR, ) (Entered: 05/20/2003)

May 20, 2003
86

REPORT AND RECOMMENDATION regarding the MOTION to Certify Class 58 . IT THEREFORE HEREBY IS RECOMMENDED to the Honorable Richard G. Kopf, United States District Judge, pursuant to 28 U.S.C. sec. 636(b) that the plaintiffs' motion to certify a c lass, filing 58 be denied in all respects. The parties are notified that a failure to file an objection to this recommendation as provided in the local rules of this court may be held to be a waiver of any right to appeal the court's adoption of the recommendation. Signed by Magistrate Judge David L. Piester on 6/20/2005. (GJG, )

June 20, 2005 RECAP
2

CIVIL COVER SHEET (JAR, ) (Entered: 05/20/2003)

May 20, 2003
3

SUMMONS (Never actually issued) Returned Unexecuted upon defendant Ron Ross on 5/21/2003. (JAR) Modified on 5/30/2003 per JLS to reflect that summons was unexecuted. (RDB) (Entered: 05/28/2003)

May 27, 2003
89

ORDER granting 88 Motion to Extend. Plaintiffs shall have until August 4, 2005 to object to the report and recommendation regarding class certification filing 86 . Signed by Judge Richard G. Kopf on 7/1/2005. (GJG, )

July 1, 2005 RECAP
4

SUMMONS (Never actually issued) Returned Unexecuted upon defendant Stephen B. Curtiss on 5/21/2003. (JAR) Modified on 5/30/2003 per JLS to reflect that summons was unexecuted. (RDB) (Entered: 05/28/2003)

May 27, 2003
105

MEMORANDUM AND ORDER regarding: Opinion (Certified Copy) of USCA, 8th Circuit 103 . For the reasons stated by the Court of Appeals, 408 F.3d at 1098-1100, I will dismiss the first claim for relief of the Amended Complaint (filing 23 ), which asserts a violation of Title II of the ADA. IT IS ORDERED that the first claim for relief of the Amended Complaint (filing 23 ), which asserts a violation of Title II of the ADA, is dismissed with prejudice. Signed by Judge Richard G. Kopf on 9/2/2005. (JAR)

Sept. 2, 2005 RECAP
5

SUMMONS (Never actually issued) Returned Unexecuted upon defendant Nebraska Department of Health &Human Services on 5/21/2003; Nebraska Department of Health and Human Services Finance and Support on 5/21/2003. Jon Bruning served. (JAR) Modified on 5/30/2003 per JLS to reflect that summons was unexecuted. (RDB) (Entered: 05/28/2003)

May 27, 2003
106

MEMORANDUM AND ORDER - The Magistrate Judge's Report and Recommendation 86 is adopted. Plaintiffs' objection to the Magistrate Judge's Report and Recommendation 96 is denied. Plaintiffs' motion for class certification and appointment of class counsel 58 is denied. Signed by Judge Richard G. Kopf on 9/8/2005. (GJG, )

Sept. 8, 2005 RECAP
108

ORDER SETTING INITIAL PROGRESSION OF A CIVIL CASE - Although a progression order was previously entered in this case, the deadlines set forth in that order were stayed pending the August 29, 2005 ruling of the United States Court of Appealsfor the Eighth Circuit on the defendants' interlocutory appeal. A new progression order must now be entered. Rule 26 Meeting Report Deadline set for 10/27/2005. Signed by Magistrate Judge David L. Piester on 10/14/2005. (JAR)

Oct. 14, 2005 RECAP
6

Summonses Issued (COPY) as to defendant Stephen B. Curtiss; defendant Ron Ross; and Jon Bruning, Nebraska Attorney General. (RDB) (Entered: 05/30/2003)

May 30, 2003
109

ORDER granting Joint Oral Motion. The parties' joint oral motion for a continuance is granted. The parties are given until December 23, 2005 to either advise the court that this case is settled or file a Rule 26(f) Report of Parties Planning Conference in accordance with my October 14, 2005 order, filing 108 . Signed by Magistrate Judge David L. Piester on 10/27/2005. (JAR)

Oct. 27, 2005 RECAP
7

MOTION for Extension of Time to File Answer by Attorney Douglas D. Dexter on behalf of Defendants Stephen B. Curtiss, Nebraska Department of Health &Human Services, Nebraska Department of Health and Human Services Finance and Support, Ron Ross (Dexter, Douglas) (Entered: 06/06/2003)

June 6, 2003
110

ORDER granting Oral Motion. The preliminary planning conference that was set forNovember 2, 2005 is cancelled. Signed by Magistrate Judge David L. Piester on 10/28/2005. (GJG, )

Oct. 28, 2005 RECAP
8

ORDER granting Defendants' Motion for Extension of Time to Answer 7 . Answer Deadline set for 07/09/2003, as to Defendants Nebraska Department of Health and Human Services Finance and Support, Nebraska Department of Health and Human Services, Stephen B. Curtiss, and Ron Ross. Signed by Deputy Clerk on 06/06/2003. (RDB) (Entered: 06/06/2003)

June 6, 2003
112

ORDER - The parties' joint motion for continuance, filing 111 is granted and the Rule 26 report deadline is extended to January 23, 2006. No further extensions of time will be granted. Signed by Magistrate Judge David L. Piester on 12/23/2005. (GJG, )

Dec. 23, 2005 RECAP
9

SCHEDULING PACKET Rule 26 Meeting Report Deadline set signed by Magistrate Judge David L. Piester on 6/9/2003. (CCB, ) (Entered: 06/09/2003)

June 9, 2003
116

ORDER regarding Order Setting Schedule for Initial Progression of a Civil Case 115 . Paragraph 6 of the amended initial progression order is amended as follows: 6. Adding Parties; Amending Pleadings. Any motion to amend pleadings and/or add parties shall be filed not later than April 23, 2006. Signed by Magistrate Judge David L. Piester on 2/1/2006. (GJG, )

Feb. 1, 2006 RECAP
10

SUMMONS Returned Executed upon Defendant Ron Ross on 06/02/2003. (RDB) (Entered: 06/12/2003)

June 11, 2003
121

ORDER- The telephone planning conference that was set for May 15, 2006, is continued until further order pending the decision from the Court of Appeals. Signed by Magistrate Judge David L. Piester on 5/12/2006. (GJG, )

May 12, 2006 RECAP
11

SUMMONS Returned Executed upon Defendant Stephen B. Curtiss on 06/02/2003. (RDB) (Entered: 06/12/2003)

June 11, 2003
125

ORDER - Motion for Leave to Amend Complaint and Add Parties, filing 117 is granted. Plaintiff is given five days to file the amended complaint. Amended Complaint due by 6/21/2006. Signed by Magistrate Judge David L. Piester on 6/14/2006. (GJG, )

June 14, 2006 RECAP
12

SUMMONS Returned Executed upon Attorney General Jon Bruning on 06/02/2003, regarding Defendant Nebraska Department of Health &Human Services and Nebraska Department of Health and Human Services Finance and Support. (RDB) (Entered: 06/12/2003)

June 11, 2003
128

ORDER granting 127 Motion to Withdraw as Attorney. IT IS ORDERED: The "Withdrawal of Counsel" (interpreted by the court to be a motion to withdraw) filed by Douglas D. Dexter, counsel for the Defendants Nebraska Department of Health and Human Services Finance and Support, Nebraska Department of Health & Human Services, Stephen B. Curtiss, Ron Ross, Richard Nelson, and NancyMontanez, filing 127 , is granted. Signed by Magistrate Judge David L. Piester on 6/26/2006. (JAR)

June 26, 2006 RECAP
13

JOINT MOTION AND STIPULATION for Extension of Time regarding Rule 26 Report Deadline, filed by Attorney Shirley A. Mora James and Attorney David W. Rowe on behalf of the Plaintiffs, and by Attorney Douglas D. Dexter on behalf of the Defendants. (RDB) (Entered: 06/20/2003)

June 19, 2003
136

ORDER - A conference with counsel shall be held, by telephone, at 11:00 a.m. on January 29, 2007 for the purpose of scheduling this matter to trial or other disposition, pursuant to Fed. R. Civ. P. 16. Plaintiffs' counsel shall place the call. P rior to the conference counsel shall confer with respect to discovery plans, motions, and the like, and shall be prepared to propose a progression schedule to the court, keeping in mind that the case is over three years old, and must be resolved promptly. Telephone Conference set for 1/29/2007 11:00 AM in by Telephone before Magistrate Judge David L. Piester.Ordered by Magistrate Judge David L. Piester. (GJG, )

Jan. 11, 2007 RECAP
14

ORDER that the parties' Joint Motion for an Extension of Time 13 is hereby granted in part. The parties' Rule 26 report shall be due 30 days after defendants file an Answer or September 8, 2003, whichever FIRST occurs. Signed by Magistrate Judge David L. Piester on 06/23/2003. (RDB) (Entered: 06/23/2003)

June 23, 2003
15

MOTION for Extension of Time to File Answer by Attorney Douglas D. Dexter on behalf of Defendants Stephen B. Curtiss, Nebraska Department of Health &Human Services, Nebraska Department of Health and Human Services Finance and

July 9, 2003
142

ORDER - Defendants' motion for time, filing 141 , is granted and the deadline for responding to plaintiffs' motion to certify class is extended to April 16, 2007.Ordered by Magistrate Judge David L. Piester.(CS, )

March 16, 2007 RECAP
147

ORDER granting 146 Motion to Extend deadline. Plaintiffs are given to May 18, 2007 to file their brief in response to defendants' amended brief in opposition to motion for class certification. Ordered by Magistrate Judge David L. Piester.(CAR, )

May 2, 2007 RECAP
17

MOTION to Dismiss by Attorney Douglas D. Dexter on behalf of Defendants Stephen B. Curtiss, Nebraska Department of Health &Human Services, Nebraska Department of Health and Human Services Finance and Support, Ron Ross (Dexter, Douglas) (Entered: 07/18/2003)

July 18, 2003
18

BRIEF In Support of Motion to Dismiss 17 by Attorney Douglas D. Dexter on behalf of Defendants Stephen B. Curtiss, Nebraska Department of Health &Human Services, Nebraska Department of Health and Human Services Finance and Support, Ron Ross (Dexter, Douglas) (Entered: 07/18/2003)

July 18, 2003
153

REPORT AND RECOMMENDATION - IT THEREFORE HEREBY IS RECOMMENDED to the Honorable Richard G. Kopf, United States District Judge, pursuant to 28 U.S.C. § 636(b) that the plaintiffs motion to certify a class, filing 138 , be denied. The parties are notified that a failure to file an objection to this recommendation as provided in the local rules of this court may be held to be a waiver of any right to appeal the court's adoption of the recommendation. Ordered by Magistrate Judge David L. Piester. (CS, )

June 22, 2007 RECAP
19

REPLY BRIEF In Opposition to Motion to Dismiss 17 by Attorney Shirley A. Mora James on behalf of Plaintiff Bill M. (Mora James, Shirley) (Entered: 08/07/2003)

Aug. 7, 2003
154

ORDER adopting Magistrate Judge's Report and Recommendation 153 and denying Plaintiffs' motion for class certification and appointment of class counsel 138 . Ordered by Judge Richard G. Kopf.(KLL, )

July 17, 2007 RECAP
166

SETTLEMENT ORDER. It is ordered that: (1) Within thirty (30) calendar days of the date of this order, the parties shall file a joint stipulation for dismissal (or other dispositive stipulation) with the clerk of the court (and provide a copy to the magistrate judge and to United States District Judge Richard G. Kopf, the trial judge to whom this case is assigned), together with submitting to the trial judge a draft order which will fully dispose of the case; (2) Absent compliance with this orde r, this case (including all counterclaims and the like) may be dismissed without further notice; (3) This case is removed from the court's March 10, 2008 trial docket upon representation by the parties that the case has settled.***Set Dismissal Papers Deadline: due by 3/3/2008. Termed 2/7/2008 Pretrial Trial Conference date and 3/10/2008 trial date. Ordered by Judge Richard G. Kopf. (KLL, )

Feb. 1, 2008 RECAP
20

Unopposed MOTION to Amend Complaint by Attorney Shirley A. Mora James on behalf of Plaintiff Bill M. (Mora James, Shirley) (Entered: 08/19/2003)

Aug. 19, 2003
21

BRIEF In Support Motion to Amend 20 Plaintiffs' Complaint by Attorney Shirley A. Mora James on behalf of Plaintiff Bill M. (Mora James, Shirley) (Entered: 08/19/2003)

Aug. 19, 2003
169

ORDER granting 167 parties' joint motion to extend Time (for filing Settlement Agreement and other Dispositive Papers) 167 to 4/2/08. Ordered by Magistrate Judge David L. Piester. (CCB)

March 3, 2008 RECAP
170

MEMORANDUM AND ORDER regarding Order on Motion to Extend 169 . No further extensions will be granted, and in the event of noncompliance with the order in filing 166 , as amended by the order in filing 169 , this action may be dismissed without further notice. Ordered by Judge Richard G. Kopf. (Copy to Judge Piester)(JAB)

March 4, 2008 RECAP
22

ORDER granting 20 Plaintiffs' Motion to Amend Complaint. Amended Complaint due by 9/1/2003. Signed by Magistrate Judge David L. Piester on 8/20/2003. (GJG, ) (Entered: 08/20/2003)

Aug. 20, 2003
172

MEMORANDUM AND ORDER regarding Joint MOTION for Settlement Approval 171 . IT IS ORDERED that: No later than the close of business on April 17, 2008, a lawyer for the plaintiffs shall file in the court file a response regarding the statements described herein. Failure to timely comply with this memorandum and order may result in the imposition of sanctions including, but not limited to, those detailed in Federal Rule of Civil Procedure 37(b)(2). Ordered by Judge Richard G. Kopf. (JAB)

April 9, 2008 RECAP
23

AMENDED COMPLAINT against Defendant all defendants, by Attorney Shirley A. Mora James on behalf of Bill M. (Mora James, Shirley) (Entered: 08/28/2003)

Aug. 28, 2003
177

MEMORANDUM AND ORDER granting 171 Joint Motion for Settlement. The settlement agreement (attachment 1 to filing 171 ) is approved subject to the terms of the Courts earlier memorandum and order (filing 172 ). The plaintiffs shall file their join t motion to dismiss with prejudice within three working days. As soon as that motion is filed, the Court will enter a judgment pursuant to Federal Rule of Civil Procedure 54(b) dismissing the entirety of this case, except for the issue of attorney fe es, with prejudice. At the request of the parties, the Court retains jurisdiction to rule on the anticipated motion of the plaintiffs for attorneys fees. Plaintiffs shall have 21 days from the entry of this order to file such a motion, supporting af fidavits and supporting brief. The defendants shall have 21 days thereafter to respond. Plaintiffs shall have 7 days thereafter to file a reply. To the extent that the plaintiffs response (filing 175 ) contains any equivocation or request for addit ional relief, such equivocation is rejected and any request for additional relief is denied. Failure to comply in a timely manner with this memorandum and order may result in the imposition of sanctions including dismissal of the entirety of this case with prejudice. Ordered by Judge Richard G. Kopf. (LKL)

April 21, 2008 RECAP
24

MOTION for Extension of Time to File Answer by Attorney Douglas D. Dexter on behalf of Defendants Stephen B. Curtiss, Nebraska Department of Health &Human Services, Nebraska Department of Health and Human Services Finance and Support, Ron Ross (Dexter, Douglas) (Entered: 08/29/2003)

Aug. 29, 2003
25

ORDER granting 24 Motion for Extension of Time to Answer. Answer Deadline set for 10/17/2003, as to Defendant State of Nebraska Department of Health and Human Services. Signed by Magistrate Judge David L. Piester on 9/2/2003. (GJG, ) (Entered: 09/02/2003)

Sept. 2, 2003
187

MEMORANDUM AND ORDER regarding motion. The motion in filing 186 is granted, and the briefing schedule established in the court's April 21, 2008 order (filing 177 ) is modified as set forth in this order; Defendants shall have until June 2, 2008 to submit a supplemental brief; and Plaintiff shall have until June 11, 2008 to file a reply. Ordered by Judge Richard G. Kopf. (LKL)

May 28, 2008 RECAP
190

ORDER denying 180 Motion for Attorney Fees. A separate judgment will be issued. Ordered by Judge Richard G. Kopf. (LKL)

June 20, 2008 RECAP
26

ORDER NUNC PRO TUNC − regarding Defendant's Motion for Enlargment of Time 24 is granted as to ALL Defendants. Signed by Magistrate Judge David L. Piester on 9/3/2003. (GJG, ) (Entered: 09/03/2003)

Sept. 3, 2003
27

Joint MOTION to Extend Time for Fed. R. Civ. P. 26 Report of Parties by Attorney Shirley A. Mora James on behalf of Plaintiff Bill M. (Mora James, Shirley) (Entered: 09/08/2003)

Sept. 8, 2003
28

ORDER granting 27 Joint Motion to Extend time to file their Rule 26 Report. The parties have until November 16, 2003. Signed by Magistrate Judge David L. Piester on 9/8/2003. (GJG, ) (Entered: 09/09/2003)

Sept. 8, 2003
29

MOTION AND ORDER FOR PROTECTIVE ORDER. Signed by Magistrate Judge David L. Piester on 9/8/2003. (GJG, ) (Entered: 09/09/2003)

Sept. 8, 2003
30

MOTION to Dismiss Amended Complaint by Attorney Douglas D. Dexter on behalf of Defendants Stephen B. Curtiss, Nebraska Department of Health &Human Services, Nebraska Department of Health and Human Services Finance and Support, Ron Ross (Dexter, Douglas) (Entered: 10/17/2003)

Oct. 17, 2003
31

BRIEF In Support of Motion to Dismiss, 30 Amended Complaint by Attorney Douglas D. Dexter on behalf of Defendants Stephen B. Curtiss, Nebraska Department of Health &Human Services, Nebraska Department of Health and Human Services Finance and Support, Ron Ross (Dexter, Douglas) (Entered: 10/17/2003)

Oct. 17, 2003
33

Mail Returned as Undeliverable addressed to Dianne D. DeLair Canto regarding Order on Motion to Dismiss 32 . Mail resent to Dianne D. DeLair Canto, Nebraska Advocacy Services, 134 South 13th Street, Suite 600, Lincoln, Nebraska 68508. (GJG, ) (Entered: 10/27/2003)

Oct. 27, 2003
34

REPLY BRIEF In Opposition to Defendants' Motion to Dismiss by Attorney Shirley A. Mora James on behalf of Plaintiff Bill M. (Mora James, Shirley) (Entered: 11/10/2003)

Nov. 10, 2003
35

REPLY BRIEF In Opposition to Defendants' Motion to Dismiss by Attorney Shirley A. Mora James on behalf of Plaintiff Bill M. (Mora James, Shirley) (Entered: 11/10/2003)

Nov. 10, 2003
36

REPLY BRIEF In Opposition to Defendants' Motion to Dismiss by Attorney Shirley A. Mora James on behalf of Plaintiff Bill M. (Mora James, Shirley) (Entered: 11/10/2003)

Nov. 10, 2003
37

MOTION to File Reply Brief in Support of Motion to Dismiss Amended Complaint by Attorney Douglas D. Dexter on behalf of Defendants Stephen B. Curtiss, Nebraska Department of Health &Human Services, Nebraska Department of Health and Human Services Finance and Support, Ron Ross (Dexter, Douglas) (Entered: 11/17/2003)

Nov. 17, 2003
38

REPORT of Rule 26(f) Planning Meeting by Attorney David W. Rowe on behalf of Plaintiff Bill M. (Rowe, David) (Entered: 11/17/2003)

Nov. 17, 2003
39

MEMORANDUM AND ORDER granting 37 Motion to submit reply brief. Defendants are granted leave to submit a reply brief on or before 12/01/03. Defendant's 30 Motion to Dismiss the amended complaint shall be ripe for decision on 12/02/03. Signed by Judge Richard G. Kopf on 11/18/2003. (CS, ) (Entered: 11/18/2003)

Nov. 18, 2003
40

BRIEF In Support of Motion to Dismiss, 30 Amended Complaint by Attorney Douglas D. Dexter on behalf of Defendants Stephen B. Curtiss, Nebraska Department of Health &Human Services, Nebraska Department of Health and Human Services Finance and Support, Ron Ross (Dexter, Douglas) (Entered: 11/24/2003)

Nov. 24, 2003
41

ORDER A Rule 26 Planning Conference set for 12/12/2003 10:30 AM before Magistrate Judge David L. Piester. Signed by Magistrate Judge David L. Piester on 12/4/2003. (GJG, ) (Entered: 12/04/2003)

Dec. 4, 2003
42

Certificate of Service−Plaintiff's Rule 26(a)(1) Initial Disclosures by Attorney Shirley A. Mora James on behalf of Plaintiff Bill M. (Mora James, Shirley) (Entered: 12/05/2003)

Dec. 5, 2003
43

MEMORANDUM AND ORDER regarding Report of Rule 26(f) Planning Meeting 38 filed by Bill M. Planning Conference set for 8/10/2004 09:00 AM before Magistrate Judge David L. Piester. Signed by Magistrate Judge David L. Piester on 12/15/2003. (GJG, ) (Entered: 12/15/2003)

Dec. 15, 2003
44

Certificate of Service by Attorney Douglas D. Dexter on behalf of Defendants Stephen B. Curtiss, Nebraska Department of Health &Human Services, Nebraska Department of Health and Human Services Finance and Support, Ron Ross (Dexter, Douglas) (Entered: 12/30/2003)

Dec. 30, 2003
45

Certificate of Service by Attorney Douglas D. Dexter on behalf of Defendants Nebraska Department of Health &Human Services, Nebraska Department of Health and Human Services Finance and Support, Ron Ross (Dexter, Douglas) (Entered: 01/26/2004)

Jan. 26, 2004
46

NOTICE to Take Deposition of Records by Attorney Shirley A. Mora James on behalf of Plaintiff Bill M. (Mora James, Shirley) (Entered: 02/12/2004)

Feb. 12, 2004
48

NOTICE to Take Deposition of Ron Ross by Attorney Shirley A. Mora James on behalf of Plaintiff Bill M. (Mora James, Shirley) (Entered: 02/24/2004)

Feb. 24, 2004
49

Certificate of Service of Notice to Take Deposition of Roger Stortenbecker by Attorney David W. Rowe on behalf of Plaintiff Bill M. (Rowe, David) (Entered: 02/26/2004)

Feb. 26, 2004
50

NOTICE to Take Deposition of Carla Sorensen and inspection of documents by Attorney Shirley A. Mora James on behalf of Plaintiff Bill M. (Mora James, Shirley) (Entered: 02/27/2004)

Feb. 27, 2004
51

Certificate of Service by Attorney Shirley A. Mora James on behalf of Plaintiff Bill M. (Mora James, Shirley) (Entered: 03/04/2004)

March 4, 2004
52

Certificate of Service of Amended Notice to Take Deposition Duces Tecum of Roger Stortenbecker by Attorney David W. Rowe on behalf of Plaintiff Bill M. (Rowe, David) (Entered: 03/04/2004)

March 4, 2004
53

RETURN of service of Subpoena on 3/8/2004 upon Roger Stortenbecker, Developmental Services of NE, Inc.,by Attorney David W. Rowe (GJG, ) (Entered: 03/15/2004)

March 12, 2004
54

RETURN of service of Subpoena on 3/8/2004 upon Roger Stortenbeckerby Attorney David W. Rowe (GJG, ) (Entered: 03/31/2004)

March 31, 2004
55

MOTION to Continue Progression Order Deadlines by Attorney Douglas D. Dexter on behalf of Defendants Stephen B. Curtiss, Nebraska Department of Health &Human Services, Nebraska Department of Health and Human Services Finance and Support, Ron Ross (Attachments: # 1 # 2 # 3)(Dexter, Douglas) (Entered: 04/29/2004)

April 29, 2004
56

ORDER granting 55 Motion to Continue. This case is stayed in all respects for a period of sixty days from this date. All deadlines, dates for disclosures, all discovery, conferences and the like are continued for sixty days from their original date. The planning conference with counsel is continued to October 4, 2004 at 10:00 a.m. in the chambers of the undersigned. In the event that counsel agree to re−activate this case prior to the expiration of the sixty days, they may jointly so inform the office of the undersigned of that agreement and request a conference with the court for the purpose of considering matters of progression. Signed by Magistrate Judge David L. Piester on 5/3/2004. (GJG, ) (Entered: 05/03/2004)

May 3, 2004
57

CERTIFICATE of Court Reporter regarding: Deposition of Roger Stortenbecker of April 13, 2004 (BMH) (Entered: 05/05/2004)

May 5, 2004
58

MOTION to Certify Class by Attorney Shirley A. Mora James on behalf of Plaintiff Bill M. (Mora James, Shirley) (Entered: 07/01/2004)

July 1, 2004
59

BRIEF In Support of Motion to Certify Class by Attorney Shirley A. Mora James on behalf of Plaintiff Bill M. (Mora James, Shirley) (Entered: 07/01/2004)

July 1, 2004
61

MOTION Enlargement of Time to Respond to Motion for Certification of Class regarding MOTION to Certify Class 58 by Attorney Douglas D. Dexter on behalf of Defendants Stephen B. Curtiss, Nebraska Department of Health &Human Services, Nebraska Department of Health and Human Services Finance and Support, Ron Ross (Attachments: # 1 Affidavit)(Dexter, Douglas) (Entered: 07/19/2004)

July 19, 2004
62

MEMORANDUM AND ORDER granting 61 Motion for additional time to respond to the motion for class certification, The deadline for Defendants to respond to the motion for class certification is extended to July 30, 2004. Signed by Judge Richard G. Kopf on 7/21/2004. (GJG, ) (Entered: 07/21/2004)

July 21, 2004
63

MOTION for Enlargement of Time by Attorney Douglas D. Dexter on behalf of Defendants Stephen B. Curtiss, Nebraska Department of Health &Human Services, Nebraska Department of Health and Human Services Finance and Support, Ron Ross (Dexter, Douglas) (Entered: 07/30/2004)

July 30, 2004
65

BRIEF In Opposition to Certification of Class by Attorney Douglas D. Dexter on behalf of Defendants Stephen B. Curtiss, Nebraska Department of Health &Human Services, Nebraska Department of Health and Human Services Finance and Support, Ron Ross (Dexter, Douglas) (Entered: 08/02/2004)

Aug. 2, 2004
66

MEMORANDUM AND ORDER denying 30 Motion to Dismiss Signed by Judge Richard G. Kopf on 8/6/2004. (GJG, ) (Entered: 08/06/2004)

Aug. 6, 2004
67

Unopposed MOTION to Extend time to file reply brief by Attorney Dianne D. DeLair on behalf of Plaintiff Bill M. (Attachments: # 1)(DeLair, Dianne) (Entered: 08/06/2004)

Aug. 6, 2004
68

ORDER granting 67 Motion to Extend time to file reply brief to MOTION to Certify Class 58 . Signed by Magistrate Judge David L. Piester on 8/9/2004. (GJG, ) (Entered: 08/09/2004)

Aug. 9, 2004
69

Unopposed MOTION to Extend time to file reply brief by Attorney Dianne D. DeLair on behalf of Plaintiff Bill M. (Attachments: # 1)(DeLair, Dianne) (Entered: 08/16/2004)

Aug. 16, 2004
70

ORDER granting 69 Motion to Extend time to file reply brief. Plaintiff is granted until 8/27/2004 to file reply. Signed by Magistrate Judge David L. Piester on 8/17/2004. (JAR) (Entered: 08/17/2004)

Aug. 17, 2004
71

REPLY BRIEF In support of Class Certification by Attorney Shirley A. Mora James on behalf of Plaintiff Bill M. (Mora James, Shirley) (Entered: 08/27/2004)

Aug. 27, 2004
72

NOTICE OF APPEAL (INTERLOCUTORY) by Attorney Douglas D. Dexter, Stephen B. Curtiss on behalf of Defendants Stephen B. Curtiss, Nebraska Department of Health &Human Services, Nebraska Department of Health and Human Services Finance and Support, Ron Ross, Stephen B. Curtiss, Nebraska Department of Health &Human Services, Nebraska Department of Health and Human Services Finance and Support, Ron Ross. by Attorney Douglas D. Dexter, Stephen B. Curtiss on behalf of Defendants Stephen B. Curtiss, Nebraska Department of Health &Human Services, Nebraska Department of Health and Human Services Finance and Support, Ron Ross, Stephen B. Curtiss, Nebraska Department of Health &Human Services, Nebraska Department of Health and Human Services Finance and Support, Ron Ross (Dexter, Douglas) Modified on 9/8/2004 to add the word "interlocutory" (GJG, ). (Entered: 09/07/2004)

Sept. 7, 2004
73

REQUEST FOR TRANSCRIPT by Attorney Douglas D. Dexter on behalf of Defendants Stephen B. Curtiss, Nebraska Department of Health &Human Services, Nebraska Department of Health and Human Services Finance and Support, Ron Ross (Dexter, Douglas) (Entered: 09/07/2004)

Sept. 7, 2004

APPEAL fee paid with receipt number 406099 in the amount of $ 255 regarding Notice of Appeal to USCA, 72 . THIS IS A TEXT ONLY ENTRY. A PDF DOCUMENT IS NOT ATTACHED TO THIS ENTRY. (GJG, ) (Entered: 09/08/2004)

Sept. 7, 2004
74

2 CERTIFIED COPIES of Notice of Appeal, 72 , Memorandum and Order 66 , Request for Transcript 73 and certified Docket Sheet to Clerk, USCA − 8th Circuit. (GJG, ) (Entered: 09/13/2004)

Sept. 13, 2004
75

SCHEDULING LETTER (e−mail) from USCA − 8th Circuit as to Notice of Appeal to USCA 72 ; Appellate Docket Number: 04−3263. (Attachments: # 1 Cover Letter)(GJG, ) (Entered: 09/17/2004)

Sept. 17, 2004
76

MEMORANDUM AND ORDER−The planning conference that was set for October 4, 2004 iscancelled. Within ten days of any ruling by the Eighth Circuit on defendants' interlocutory appeal, plaintiffs' counsel shall advise the undersigned regarding the need for and any rescheduling of the planning conference. Signed by

Sept. 28, 2004
78

ORDER granting 77 . The joint motion of the parties to seal is granted andFiling #60 shall be shall be sealed. Signed by Magistrate Judge David L. Piester on 10/14/2004. (GJG, ) (Entered: 10/14/2004)

Oct. 14, 2004
79

E−mail COPY of Opinion of USCA − 8th Circuit(04−3263) regarding Notice of Interlocutory Appeal to USCA, 72 . The denial of Nebraska's motion to dismiss based on sovereign immunity with respect to Plaintiffs' Title II claim is reversed, and the case is remanded to the district court with direction to dismiss the Title II claim against Nebraska. (Attachments: # 1 Letter by Clerk)(JAR) (Entered: 05/27/2005)

May 27, 2005
80

MAIL COPY of Opinion of USCA − 8th Circuit(04−3263) regarding Notice of Interlocutory Appeal to USCA, 72 . The denial of Nebraska's motion to dismiss based on sovereign immunity with respect to Plaintiffs' Title II claim is reversed, and the case is remanded to the district court with direction to dismiss the Title II claim against Nebraska. (Attachments: # 1 Cover Letter)(GJG, ) (Entered: 05/31/2005)

May 31, 2005

State / Territory: Nebraska

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Olmstead Cases

Key Dates

Filing Date: May 20, 2003

Closing Date: 2008

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Developmentally disabled Nebraska residents who claimed that they were put on wait-lists and informed that funds were not available when they applied for community- and home-based 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: Denied

Defendants

NEBRASKA DEPARTMENT OF HEALTH AND HUMANSERVICES FINANCE AND SUPPORT, State

Case Details

Causes of Action:

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

State law

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Issues

Benefit Source:

Medicaid