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Case: Ball v. Betlach

4:00-cv-00067 | U.S. District Court for the District of Arizona

Filed Date: Jan. 27, 2000

Closed Date: 2010

Clearinghouse coding complete

Case Summary

On January 27, 2000, a group of elderly, physically disabled, and developmentally disabled individuals filed a lawsuit under the Medicaid Act, the Americans with Disabilities Act, and the Rehabilitation Act against the State of Arizona and the Arizona Health Care Cost Containment System (AHCCCS) in the United States District Court for the District of Arizona. Plaintiffs, represented by public interest attorneys, asked the Court for injunctive relief, claiming that they were not receiving adequ…

On January 27, 2000, a group of elderly, physically disabled, and developmentally disabled individuals filed a lawsuit under the Medicaid Act, the Americans with Disabilities Act, and the Rehabilitation Act against the State of Arizona and the Arizona Health Care Cost Containment System (AHCCCS) in the United States District Court for the District of Arizona. Plaintiffs, represented by public interest attorneys, asked the Court for injunctive relief, claiming that they were not receiving adequate services. Specifically, Plaintiffs claimed that they were often subject to gaps in service because Defendant did not employ an adequate number of caregivers.

The Court (Judge Earl H. Carroll) certified a class action on August 7, 2000.

On August 13, 2004, the Court issued findings of fact, conclusions of law, and an order. Ball v. Biedess, 2004 U.S.Dist.LEXIS 27044 (D. Ariz. Aug 13, 2004). Specifically, the Court ordered: that AHCCCS provide individuals with services for which that person qualifies without gaps in services; that the AHCCCS program must develop contingency plans for instances when a service cannot be provided; that the AHCCCS program must offer a rate of pay to health care workers so that services can be adequately delivered; that AHCCCS program need not offer a particular rate of pay, but just a rate that guarantees each individual will receive the services for which he qualifies; that AHCCCS must monitoring its program so that contingency plans can be implemented; that AHCCCS implement a grievance process for individuals receiving services; that AHCCCS inform each of its members of his rights; and, that parties file proposed deadlines for complying with the order.

On July 17, 2007, the Ninth Circuit Court of Appeals affirmed in part and reversed in part the District Court's order. Ball v. Rodgers, 492 F.3d 1094 (9th Cir. 2007). In light of the recently decided Sanchez v. Johnson, the Court reversed the District Court's finding that Medicaid Act § 1396a(a)(30)(A) (the equal access provision) conferred individual rights enforceable under § 1983; thus, Arizona was not liable for violating the equal access provision under § 1983. On remand, the Court directed the District Court to consider the causes of action under the Medicaid Act's free choice cause of action, as well as Plaintiffs' ADA and Rehabilitation Act claims

On April 24, 2009, the District Court found that Arizona was liable under the Medicaid Act's free choice provisions (42 U.S.C. §§ 1396n(c)(2)(C) and (d)(2)(C)). Ball v. Rodgers, 2009 WL 1395423 (D. Ariz. Apr. 24, 2009). Further, the Court found that Defendants were liable under the ADA and the Rehabilitation Act.

After a June 1, 2009, status conference, the Court issued an order on June 3, 2009, that detailed the results of that status conference. First, the Court clarified that the injunction was permanent, that Defendants would be required to file monthly reports until the Court determined they were no longer necessary, and that the Court would retain jurisdiction for whatever period necessary for enforcement purposes.

On March 8, 2010, the Court ruled on the parties' motions to modify the injunction. The Court: granted in part and denied in part Plaintiffs' motion to modify the injunction; denied Defendants' motion to modify or vacate the injunction; and, ordered Defendants to establish a hotline to allow individuals to report a gap in service.

Defendants have filed monthly reports. There has otherwise been no further litigation in the case, and it was closed in May 2010.

Summary Authors

Haley Waller (1/19/2010)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4918285/parties/ball-v-betlach/


Judge(s)

Berzon, Marsha Siegel (California)

Carroll, Earl Hamblin (Arizona)

Fletcher, Betty Binns (Washington)

Trager, David G. (New York)

Attorneys(s) for Plaintiff

Hart, Sally (Arizona)

Lock, Sarah Lenz (District of Columbia)

Nye, Jennifer L. (Arizona)

Rico, Jose De Jesus (Arizona)

Zeller, Kenneth Wayne (District of Columbia)

Attorneys(s) for Defendant

Johnston, Logan T. (Arizona)

Judge(s)

Berzon, Marsha Siegel (California)

Carroll, Earl Hamblin (Arizona)

Fletcher, Betty Binns (Washington)

Trager, David G. (New York)

Attorneys(s) for Plaintiff

Hart, Sally (Arizona)

Lock, Sarah Lenz (District of Columbia)

Nye, Jennifer L. (Arizona)

Rico, Jose De Jesus (Arizona)

Zeller, Kenneth Wayne (District of Columbia)

Attorneys(s) for Defendant

Johnston, Logan T. (Arizona)

Expert/Monitor/Master

Seavey, Dorie Ph.D. (New York)

Documents in the Clearinghouse

Document

4:00-cv-00067

Docket

Oct. 29, 2010

Oct. 29, 2010

Docket
212

4:00-cv-00067

OPINION: FINDINGS OF FACT; CONCLUSION OF LAW; AND ORDER

Ball v. Biedess

Aug. 13, 2004

Aug. 13, 2004

Order/Opinion

4:00-cv-00067

04-16963

APPELLEES' ANSWERING BRIEF

Ball v. Rodgers

U. S. Court of Appeals for the Ninth Circuit

Aug. 3, 2005

Aug. 3, 2005

Pleading / Motion / Brief
301

4:00-cv-00067

ORDER (re: Motion to Enforce)

Ball v. Rodgers

Sept. 29, 2006

Sept. 29, 2006

Order/Opinion

4:00-cv-00067

04-16963

Opinion (9th Circuit Court of Appeals)

Ball v. Rodgers

U. S. Court of Appeals for the Ninth Circuit

July 17, 2007

July 17, 2007

Order/Opinion
394

4:00-cv-00067

ORDER (modifying legal basis for injunction)

Ball v. Rodgers

April 24, 2009

April 24, 2009

Order/Opinion

4:00-cv-00067

Press Release

Ball v. Rodgers

No Court

April 27, 2009

April 27, 2009

Press Release
414

4:00-cv-00067

ORDER (clarification of injunction)

Ball v. Rodgers

June 3, 2009

June 3, 2009

Order/Opinion
430

4:00-cv-00067

ORDER (re: attorneys' fees)

Ball v. Rodgers

July 24, 2009

July 24, 2009

Order/Opinion

4:00-cv-00067

EXPERT REPORT OF DORIE SEAVEY, PH.D.

Ball v. Rodgers

Sept. 14, 2009

Sept. 14, 2009

Monitor/Expert/Receiver Report

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4918285/ball-v-betlach/

Last updated Nov. 2, 2022, 3:09 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT FILED (PAB) (Entered: 01/28/2000)

Jan. 27, 2000

Jan. 27, 2000

2

RETURN OF SERVICE of summons/cmp EXECUTED personally upon dft Phyllis Biedess on 2/2/00 (PAB) (Entered: 02/08/2000)

Feb. 7, 2000

Feb. 7, 2000

3

RETURN OF SERVICE of summons/cmp EXECUTED personally upon dft AHCCCS on 2/2/00 (PAB) (Entered: 02/08/2000)

Feb. 7, 2000

Feb. 7, 2000

4

RETURN OF SERVICE of summons/cmp EXECUTED personally upon dft Arizona, State of on 2/2/00 (PAB) (Entered: 02/08/2000)

Feb. 7, 2000

Feb. 7, 2000

5

ORDERED that pla Peg Ball, pla Bennie James, pla Jeanne Spinka show cause for failure to comply with General Order 98−62 ; show cause hearing set for 10:00 3/6/00 for Jeanne Spinka, for Bennie James, for Peg Ball before Judge John M. Roll (cc: all counsel) (PAB) (Entered: 02/17/2000)

Feb. 17, 2000

Feb. 17, 2000

6

Party elects assignment of case to district judge ; mag election form ddl satisfied 2/18/00 ; show cause hearing ddl satisfied 2/18/00 (PAB) (Entered: 02/22/2000)

Feb. 18, 2000

Feb. 18, 2000

7

MINUTE ORDER: Pursuant to local rule 1.2(e), a request has been received for a random reassignment of this case to a District Judge Case reassigned to Judge Alfredo C. Marquez (with notice sent) All further pleadings should now list the followng complete case number: CV−00−67−TUC−ACM (cc: all counsel/ACM/GEE) [7−2] (PAB) (Entered: 02/22/2000)

Feb. 22, 2000

Feb. 22, 2000

8

ANSWER by dfts (BAR) (Entered: 04/03/2000)

March 31, 2000

March 31, 2000

9

ATTORNEY SUBSTITUTION: terminating attorney Sarah Jane Somers for Jeanne Spinka, attorney Sarah Jane Somers for Bennie James, attorney Sarah Jane Somers for Peg Ball and substituting attorney Therese E Yanan (BAR) (Entered: 04/04/2000)

April 3, 2000

April 3, 2000

10

MOTION for pro hac vice of Sarah Lenz Lock by pla [10−1] (BAR) (Entered: 04/10/2000)

April 6, 2000

April 6, 2000

11

MOTION for pro hac vice of Bruce B. Vignery by pla [11−1] (BAR) (Entered: 04/10/2000)

April 6, 2000

April 6, 2000

12

ORDER by Judge Alfredo C. Marquez ; prel scheduling conf set for 10:30 6/20/00 before law clerk (cc: all counsel) (BAR) (Entered: 04/11/2000)

April 11, 2000

April 11, 2000

13

ORDER by Judge Alfredo C. Marquez granting motion for pro hac vice of Sarah Lenz Lock by pla [10−1] (cc: all counsel) (BAR) (Entered: 04/11/2000)

April 11, 2000

April 11, 2000

14

ORDER by Judge Alfredo C. Marquez granting motion for pro hac vice of Bruce B. Vignery by pla [11−1] (cc: all counsel) (BAR) (Entered: 04/11/2000)

April 11, 2000

April 11, 2000

15

ATTORNEY APPEARANCE for pla by Sarah Lenz Lock, Bruce B Vignery (BAR) (Entered: 04/24/2000)

April 21, 2000

April 21, 2000

16

MOTION to certify a class action by pla [16−1] (BAR) (Entered: 04/24/2000)

April 21, 2000

April 21, 2000

17

MEMORANDUM IN SUPPORT by pla of motion to certify a class action by pla [16−1] (BAR) (Entered: 04/24/2000)

April 21, 2000

April 21, 2000

18

MOTION to intervene by Vennetta Graham, Kim Bowman, Peggy Williams, Larry Williams, Grace Collier, Judeth Hinton, Virginia Haskell [18−1] (BAR) (Entered: 04/24/2000)

April 21, 2000

April 21, 2000

19

MEMORANDUM IN SUPPORT by pla, intervenor−plaintiff of motion to intervene by Vennetta Graham, Kim Bowman, Peggy Williams, Larry Williams, Grace Collier, Judeth Hinton, Virginia Haskell [18−1] (BAR) (Entered: 04/24/2000)

April 21, 2000

April 21, 2000

LODGED interveners' complaint class action (BAR) (Entered: 04/24/2000)

April 21, 2000

April 21, 2000

20

MEMORANDUM IN SUPPORT by pla of motion to intervene by Vennetta Graham, Kim Bowman, Peggy Williams, Larry Williams, Grace Collier, Judeth

May 15, 2000

May 15, 2000

22

ANSWER by dfts (BAR) (Entered: 06/05/2000)

June 2, 2000

June 2, 2000

23

RESPONSE by dfts to motion to certify a class action by pla [16−1] (BAR) (Entered: 06/05/2000)

June 2, 2000

June 2, 2000

24

MOTION to extend time to reply to defendants' memorandum in opposition to motion to certify a class action by pla [24−1] (BAR) (Entered: 06/08/2000)

June 7, 2000

June 7, 2000

25

NOTICE by pla of change of address for counsel: Sally Hart &Stephen Palevitz, Arizona Center for Disability Law, 100 N Stone Avenue, Suite 305, Tucson, AZ 85701 (BAR) (Entered: 06/15/2000)

June 14, 2000

June 14, 2000

26

REPLY by pla to response to motion to certify a class action by pla [16−1] (BAR) (Entered: 06/28/2000)

June 27, 2000

June 27, 2000

27

ORDER by Judge Alfredo C. Marquez granting motion to intervene by Vennetta Graham, Kim Bowman, Peggy Williams, Larry Williams, Grace Collier, Judeth Hinton, Virginia Haskell [18−1] (cc: all counsel) (BAR) (Entered: 07/21/2000)

July 21, 2000

July 21, 2000

28

AMENDED COMPLAINT by Interveners Vennetta Graham, Kim Bowman, Grace collier, Judeth Hinton &Virginia Haskell [1−1] ; (BAR) (Entered: 07/24/2000)

July 21, 2000

July 21, 2000

29

Notice of filing DECLARATIONS by pla re motion to certify a class action by pla [16−1] [16−1] (PAB) (Entered: 07/28/2000)

July 28, 2000

July 28, 2000

30

ORDER by Judge Alfredo C. Marquez , ; prel scheduling conf set for 10:30 9/7/00 before law clerk (cc: all counsel) (BAR) (Entered: 07/31/2000)

July 31, 2000

July 31, 2000

31

ORDER by Judge Alfredo C. Marquez granting motion to certify a class action by pla [16−1] a class is certified purs to rule 23(b)(2) to include all persons in the State of Arizona who have been or will be eligible for Home &Community Based Services from the Arizona Health Care Cost Containment System, but are not provided with the full amount of such services prescribed in their care plans (cc: all counsel) (KDT) (Entered: 08/07/2000)

Aug. 7, 2000

Aug. 7, 2000

32

ORDER by Judge Alfredo C. Marquez ; prel scheduling conf reset for 10:30 8/31/00 bfr Judge Marquez's law clerk, Greer Barkley (cc: all counsel) (KDT) (Entered: 08/07/2000)

Aug. 7, 2000

Aug. 7, 2000

33

JOINT REPORT by pla, dft concerning discovery plan (BAR) (Entered: 08/22/2000)

Aug. 21, 2000

Aug. 21, 2000

34

SCHEDULING ORDER by Judge Alfredo C. Marquez ; discovery due 2/28/02 ; dispositive motions due 4/16/02 ; pretrial order due 5/14/02 ; Pretrial conference set for 10:30 6/5/02 (cc: all counsel) (BAR) (Entered: 09/12/2000)

Sept. 12, 2000

Sept. 12, 2000

35

AMENDED SCHEDULING ORDER by Judge Alfredo C. Marquez ; discovery due 2/28/01 ; dispositive motions due 4/16/01 ; pretrial order due 5/14/01 ; Pretrial conference set for 10:30 6/5/01 (cc: all counsel) (BAR) (Entered: 09/18/2000)

Sept. 18, 2000

Sept. 18, 2000

36

NOTICE of compliance of initial disclosure statement pursuant to FRCivP 26(a) by dft (BAR) (Entered: 09/18/2000)

Sept. 18, 2000

Sept. 18, 2000

37

NOTICE of compliance of initial disclosure statement pursuant to FRCivP 26(a) by pla (BAR) (Entered: 09/18/2000)

Sept. 18, 2000

Sept. 18, 2000

38

NOTICE of service of discovery by pla. (PAB) (Entered: 10/23/2000)

Oct. 23, 2000

Oct. 23, 2000

39

NOTICE of service of discovery by pla. (BAR) (Entered: 10/27/2000)

Oct. 26, 2000

Oct. 26, 2000

40

NOTICE by pla cnsl of change of address: Therese Yanan; DNA Peoples Legal Services; Native American Protection &Advocacy Project; PO Box 392; Shiprock AZ 84720 (PAB) (Entered: 12/18/2000)

Dec. 15, 2000

Dec. 15, 2000

42

NOTICE of Service by pla of Second Joint Report of Parties Concerning Discovery Plan and Amendment to Scheduling Order (BAR) (Entered: 12/21/2000)

Dec. 20, 2000

Dec. 20, 2000

43

AMENDED SCHEDULING ORDER by Judge Alfredo C. Marquez ; discovery due 3/31/01 ; dispositive motions due 5/1/01 ; pretrial order due 7/15/01; a pretrial conference shall be held at such date and time thereafter as the Court shall set. (cc: all counsel) (BAR) (Entered: 12/22/2000)

Dec. 22, 2000

Dec. 22, 2000

44

NOTICE of service of discovery by plas. (former emp) (Entered: 12/22/2000)

Dec. 22, 2000

Dec. 22, 2000

45

NOTICE by dft OF TAKING DEPO OF PEG BALL, CREE JAMES, BENNIE JAMES, JEANNE SPINKA on the following date(s): 1/30−31/01 (BAR) (Entered: 01/02/2001)

Dec. 29, 2000

Dec. 29, 2000

46

NOTICE of service of discovery by dft. (BAR) (Entered: 01/02/2001)

Dec. 29, 2000

Dec. 29, 2000

47

NOTICE of compliance of first supplemental disclosure statement pursuant to FRCivP 26(a) by dft (BAR) (Entered: 01/02/2001)

Dec. 29, 2000

Dec. 29, 2000

48

MOTION for protective order by dfts [48−1] (BAR) (Entered: 01/02/2001)

Dec. 29, 2000

Dec. 29, 2000

49

NOTICE by pla OF TAKING DEPO OF PHYLLIS BIEDESS, THE ARIZONA HEALTH CARE COST CONTAINMENT SYSTEM ADMINISTRATION AND THE STATE OF ARIZONA on the following date(s): 1/23−23/01 (BAR) (Entered: 01/09/2001)

Jan. 8, 2001

Jan. 8, 2001

50

NOTICE of service of discovery by pla. (BAR) (Entered: 01/11/2001)

Jan. 10, 2001

Jan. 10, 2001

51

ORDER by Judge Alfredo C. Marquez granting motion for protective order by dfts: parties to file documents containing confidential patient information under seal; such sealed documents be available in this action only to the Court and parties to this action; references to AHCCCS members whose identity is confidential in briefs and oral argument shall not reveal individual identities; parties shall take all steps necessary to maintain the confidentiality of information covered by this order and shall not allow such information to be disclosed to any persons other than the parties' attorneys, their clerks and secretarial staff; this confidentiality order extends to any portions of transcripts or other documents containing the applicant's name(s) or confidential information; documents containing confidential information shall not be filed under seal if the member is a named plaintiff in this case, the member has waived confidentiality by signing an affidavit or declaration relating to this case, the member has waived confidentiality in writing or the confidential information can be redacted and the un−redacted information would be insufficient to enable someone to determine the identity of the member. [48−1] (cc: all counsel) (BAR) (Entered: 01/16/2001)

Jan. 16, 2001

Jan. 16, 2001

52

NOTICE of Service by pla of responses to defendants' request for production of documents and interrogatores (BAR) (Entered: 01/31/2001)

Jan. 30, 2001

Jan. 30, 2001

53

NOTICE of service of discovery by dfts. (BAR) (Entered: 02/06/2001)

Feb. 5, 2001

Feb. 5, 2001

54

NOTICE of service of discovery by plas. (former emp) (Entered: 02/16/2001)

Feb. 16, 2001

Feb. 16, 2001

55

NOTICE by dft of Service of Defendant's Disclosure of Expert Witnesses (BAR) (Entered: 03/16/2001)

March 15, 2001

March 15, 2001

56

NOTICE of Death of Plaintiff Grace Collier by plaintiffs (BAR) (Entered: 03/28/2001)

March 27, 2001

March 27, 2001

57

NOTICE of service of discovery by dfts. (BAR) (Entered: 04/04/2001)

April 2, 2001

April 2, 2001

58

THIRD JOINT REPORT OF PARTIES CONCERNING DISCOVERY PLAN by pla (BAR) (Entered: 04/10/2001)

April 6, 2001

April 6, 2001

59

NOTICE of Service by pla upon Logan T Johnston with Third Joint Report of Parties Concerning Discovery Plan and Second Amendment to Scheduling Order (BAR) (Entered: 04/10/2001)

April 6, 2001

April 6, 2001

62

NOTICE of service of discovery by dfts. (BAR) (Entered: 04/19/2001)

April 17, 2001

April 17, 2001

61

ORDER by Judge Alfredo C. Marquez re: third joint report of parties concerning discovery plan [58−1] ; discovery ddl set for 6/1/01 ; dispositive motions due 7/13/01; a joint proposed pretrial order shall be filed 30 days after the Court has ruled on the pretrial motions, if this matter has not been resolved by the Court's rulings on such motions. A pretrial conference shall be held at such date and time thereafter as the Court shall set. (cc: all counsel) (BAR) (Entered: 04/18/2001)

April 18, 2001

April 18, 2001

63

NOTICE by dfts of change of address of Anne C. Longo, to be deleted from Johnston &Kelly (BAR) (Entered: 04/26/2001)

April 25, 2001

April 25, 2001

64

NOTICE by plas of id of expert witness &of service of expert's report (former emp) (Entered: 05/02/2001)

May 1, 2001

May 1, 2001

65

NOTICE of service of discovery by pla Peg Ball, pla Jeanne Spinka . (REC) (Entered: 05/22/2001)

May 21, 2001

May 21, 2001

66

NOTICE of service of 2nd supplemental disclosure statement pursuant to FRCivP 26(a) by dft (former emp) (Entered: 06/14/2001)

June 14, 2001

June 14, 2001

67

Fourth Joint REPORT concerning discovery plan by pla, dft (former emp) (Entered: 07/09/2001)

July 6, 2001

July 6, 2001

68

NOTICE by pla of certificate of service of joint report of parties (MLZ) (Entered: 07/09/2001)

July 6, 2001

July 6, 2001

69

NOTICE by pla OF TAKING DEPO OF Sara Harper on 8/6/01, Yvonne Powell on 8/7/01, Branch McNeal on 8/8/01, and Phyllis Biedess on 8/15/01 and request for production of documents (MLZ) (Entered: 08/02/2001)

Aug. 1, 2001

Aug. 1, 2001

70

AMENDED NOTICE by pla OF TAKING DEPO OF Sara Harper on the following date(s): 8/16/01 at 9:00 AM (KDT) (Entered: 08/13/2001)

Aug. 10, 2001

Aug. 10, 2001

70

AMENDED NOTICE by pla OF TAKING DEPO OF Yvonne Powell on the following date(s): 8/28/01 at 9:00 AM (KDT) (Entered: 08/13/2001)

Aug. 10, 2001

Aug. 10, 2001

70

AMENDED NOTICE by pla OF TAKING DEPO OF Phyllis Biedess on the following date(s): 8/16/01 at 2:00 PM (KDT) (Entered: 08/13/2001)

Aug. 10, 2001

Aug. 10, 2001

70

AMENDED NOTICE by pla OF TAKING DEPO OF Branch McNeal on the following date(s): 8/16/01 at 11:00 AM (KDT) (Entered: 08/13/2001)

Aug. 10, 2001

Aug. 10, 2001

70

NOTICE of service of discovery by pla. (KDT) (Entered: 08/13/2001)

Aug. 10, 2001

Aug. 10, 2001

71

NOTICE of compliance of initial disclosure statement pursuant to FRCivP 26(a) by pla (KDT) (Entered: 08/13/2001)

Aug. 10, 2001

Aug. 10, 2001

72

AMENDED NOTICE by pla OF TAKING DEPO OF Phyllis Biedess Branch McNeal on the following date(s): 8/21/01 (PAB) Modified on 10/15/2003 (Entered: 10/10/2003)

Aug. 23, 2001

Aug. 23, 2001

73

SECOND AMENDMENT SCHEDULING ORDER by Judge Alfredo C. Marquez ; discovery due 8/31/01 ; dispositive motions due 9/28/01 ; pretrial order due 10/29/01 (cc: all counsel) re: order (scheduling) [73−1] (MLZ) (Entered: 08/23/2001)

Aug. 23, 2001

Aug. 23, 2001

74

NOTICE by dft OF TAKING DEPO OF Dr. Dorie Seavey on the following date(s): 9/12/01 at 12:00 (MLZ) (Entered: 09/10/2001)

Sept. 7, 2001

Sept. 7, 2001

75

MOTION to extend time for 2 weeks to 10/12/01 for dispositive motion deadline by pla, dft [75−1] (former emp) (Entered: 09/26/2001)

Sept. 25, 2001

Sept. 25, 2001

76

ORDER by Judge Alfredo C. Marquez granting motion to extend time for 2 weeks to 10/12/01 for dispositive motion deadline by pla, dft [75−1] ; dispositive motions due 10/12/01 (cc: all counsel) (former emp) (Entered: 09/28/2001)

Sept. 28, 2001

Sept. 28, 2001

81

APPENDIX Re: motion for summary judgment by pla [77−1] [77−1] by pla (MLZ) (Entered: 10/10/2001)

Oct. 8, 2001

Oct. 8, 2001

78

RETURN OF SERVICE EXECUTED for motion for summary judgment upon dft Phyllis Biedess, dft AHCCCS, dft Arizona, State of on 10/9/01 (MLZ) (Entered: 10/10/2001)

Oct. 9, 2001

Oct. 9, 2001

79

STATEMENT OF FACTS by pla re motion for summary judgment by pla [77−1] [77−1] (MLZ) (Entered: 10/10/2001)

Oct. 9, 2001

Oct. 9, 2001

80

MEMORANDUM IN SUPPORT by pla of motion for summary judgment by pla [77−1] [77−1] (MLZ) (Entered: 10/10/2001)

Oct. 9, 2001

Oct. 9, 2001

82

CROSS−MOTION for summary judgment and dfts response to motion for summary judgment by dft [82−1] (MLZ) (Entered: 11/14/2001)

Nov. 9, 2001

Nov. 9, 2001

82

RESPONSE by dft to motion for summary judgment and cross motion for summary judgment by pla [77−1] (MLZ) (Entered: 11/14/2001)

Nov. 9, 2001

Nov. 9, 2001

83

appendix by dft re motion for summary judgment and dfts response to motion for summary judgment by dft [82−1] [82−1] (MLZ) (Entered: 11/14/2001)

Nov. 9, 2001

Nov. 9, 2001

84

STATEMENT OF FACTS by dft re motion for summary judgment and dfts response to motion for summary judgment by dft [82−1] [82−1] (MLZ) (Entered: 11/14/2001)

Nov. 9, 2001

Nov. 9, 2001

85

MOTION to strike inadmissible portions of pla declaratory affidavits and expert opinions filed as appendices 1 to 28 to their motion for summary judgment[81−1] by dft [85−1] (MLZ) Modified on 11/15/2001 (Entered: 11/14/2001)

Nov. 9, 2001

Nov. 9, 2001

86

MOTION for scheduling order by pla [86−1] (MLZ) (Entered: 11/19/2001)

Nov. 16, 2001

Nov. 16, 2001

87

ORDER by Judge Alfredo C. Marquez granting motion for scheduling order by pla [86−1], pla reply to dfts response to motion for summary judgment, pla response to dfts cross−motion for summary judgment and pla response to motion to strike appendices shall be filed on or before 12/14/01, dfts reply to pla response to dfts cross motion for summary judgment and dfts reply to pla response to motion to strike appendices shall be filed on or before 1/4/02, extensions of the page limits for each of the parties previously filed memoranda re their cross motions for summary judgment are approved (cc: all counsel) (MLZ) (Entered: 11/19/2001)

Nov. 19, 2001

Nov. 19, 2001

88

RESPONSE, memorandum in opposition by pla to motion to strike inadmissible portions of pla declaratory affidavits and expert opinions filed as appendices 1 to 28 to their motion for summary judgment[81−1] by dft [85−1] (former emp) (Entered: 12/18/2001)

Dec. 14, 2001

Dec. 14, 2001

89

REPLY by pla to dft's response to motion for summary judgment by pla [77−1] (former emp) (Entered: 12/18/2001)

Dec. 14, 2001

Dec. 14, 2001

89

RESPONSE by pla to motion for summary judgment and dfts response to motion for summary judgment by dft [82−1] (former emp) (Entered: 12/18/2001)

Dec. 14, 2001

Dec. 14, 2001

90

RESPONSE by pla to dft's statement of facts [84−1] (former emp) (Entered: 12/18/2001)

Dec. 14, 2001

Dec. 14, 2001

90

REPLY by pla to dft's oppposition to pla's statement of facts [79−1] (former emp) (Entered: 12/18/2001)

Dec. 14, 2001

Dec. 14, 2001

91

CERTIFICATE of Service by mail of pla's memorandum in opposition to dft's motion to strike appendice, pla's reply in support of motion for sum jgm and response to dft's cross−motion for sum jgm; pla's response to dft's statement of facts and reply to dft's objections to pla's statement of facts by pla (former emp) (Entered: 12/18/2001)

Dec. 14, 2001

Dec. 14, 2001

92

REPLY by dft to pla's response to dft's statement of facts [90−1] (former emp) (Entered: 01/10/2002)

Jan. 9, 2002

Jan. 9, 2002

93

MOTION to extend time to file reply in support of their motion for sum jgm and their reply in support of their motion to strike pla's appendices by dft [93−1] , to exceed the page limit for doc(s) reply in support of their cross−motion for sum jgm and their reply in support of their motion to strike pla's appendices by dft [93−2]

Jan. 9, 2002

Jan. 9, 2002

LODGED dft's reply in support of their motion to strike pla's appendices by dft (former emp) (Entered: 01/10/2002)

Jan. 9, 2002

Jan. 9, 2002

94

ORDER by Judge Alfredo C. Marquez granting motion to extend time to file reply in support of their motion for sum jgm and their reply in support of their motion to strike pla's appendices by dft [93−1], granting motion to exceed the page limit for doc(s) reply in support of their cross−motion for sum jgm and their reply in support of their motion to strike pla's appendices by dft [93−2] (cc: all counsel) (former emp) (Entered: 01/14/2002)

Jan. 14, 2002

Jan. 14, 2002

95

REPLY by dft Phyllis Biedess, dft AHCCCS, dft Arizona, State of to response to motion to strike inadmissible portions of pla declaratory affidavits and expert opinions filed as appendices 1 to 28 to their motion for summary judgment[81−1] by dft [85−1] (former emp) (Entered: 01/14/2002)

Jan. 14, 2002

Jan. 14, 2002

Case Details

State / Territory: Arizona

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Olmstead Cases

Key Dates

Filing Date: Jan. 27, 2000

Closing Date: 2010

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Elderly, physically and developmentally disabled individuals.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

NDRN/Protection & Advocacy Organizations

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

State of Arizona, State

Arizona Health Care Cost Containment System, State

Case Details

Causes of Action:

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

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

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

Availably Documents:

Trial Court Docket

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Issues

Benefit Source:

Medicaid