Case: Hale v. Belshe

3:96-cv-01804 | U.S. District Court for the Northern District of California

Filed Date: May 15, 1996

Closed Date: Oct. 20, 1997

Clearinghouse coding complete

Case Summary

On May 15, 1996 plaintiffs, a group of individuals with psychiatric disorders who were housed in locked nursing facilities but were eligible for community-based treatment, sued the California Department of Mental Health, the California Department of Health Services, and various officials in their official capacity in the District Court for the Northern District of California. They alleged that the failure of the state to place them in community treatment facilities violated the Americans with …

On May 15, 1996 plaintiffs, a group of individuals with psychiatric disorders who were housed in locked nursing facilities but were eligible for community-based treatment, sued the California Department of Mental Health, the California Department of Health Services, and various officials in their official capacity in the District Court for the Northern District of California. They alleged that the failure of the state to place them in community treatment facilities violated the Americans with Disabilities Act, the Medicaid Act, and the Nursing Care Reform Act of 1987. They sought class status and declaratory and injunctive relief.

On December 2, 1996 the district court (Judge Stanley A. Weigel) ruled that the various officials named in the suit did not enjoy official immunity. The state appealed but on July 3, 1997 the Ninth Circuit Court of Appeals (Judges Goodwin, Nelson, and Trott) affirmed the district court.

The case came to a close on October 20, 1997 when the district court (Vaughn R. Walker) entered a voluntary dismissal after appropriate placements in community-based treatment facilities were found for the named plaintiffs.

Summary Authors

Michael Perry (1/10/2011)

People


Judge(s)

Brennan, Joan S. (California)

Goodwin, Alfred Theodore (California)

Nelson, Dorothy Wright (California)

Walker, Vaughn R. (California)

Weigel, Stanley Alexander (California)

Attorneys(s) for Plaintiff

Bird, Melinda R. (California)

Casas-Sarmiento, Eva (California)

Dietrich, Inge (California)

Holle, Marilyn (California)

Meyers, Beverly R. (California)

Judge(s)

Brennan, Joan S. (California)

Goodwin, Alfred Theodore (California)

Nelson, Dorothy Wright (California)

Walker, Vaughn R. (California)

Weigel, Stanley Alexander (California)

Attorneys(s) for Plaintiff

Bird, Melinda R. (California)

Casas-Sarmiento, Eva (California)

Dietrich, Inge (California)

Holle, Marilyn (California)

Meyers, Beverly R. (California)

Morrison, Leslie B. (California)

Pettit, Sandra B. (California)

Preis, James Joseph (California)

Stortz, Michael James (California)

Attorneys(s) for Defendant

Holland, Charlton G. III (California)

Lungren, Daniel E. (California)

Mukai, Robert L. (California)

Wald, Stephanie (California)

Expert/Monitor/Master

Trott, Stephen S. (Idaho)

Documents in the Clearinghouse

Document

Docket

Oct. 22, 1997 Docket

Docket

U. S. Court of Appeals for the Ninth Circuit

June 15, 1999 Docket

Appellants' Opening Brief

U. S. Court of Appeals for the Ninth Circuit

1997 WL 33555336

March 14, 1997 Pleading / Motion / Brief

Brief of Plaintiffs-Appellees

U. S. Court of Appeals for the Ninth Circuit

1997 WL 33555335

March 31, 1997 Pleading / Motion / Brief

Opinion

U. S. Court of Appeals for the Ninth Circuit

1997 WL 377113, 1997 U.S.App.LEXIS 16833

July 3, 1997 Order/Opinion

Docket

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT [3:96−cv−01804] (mt, COURT STAFF) (Entered: 05/18/1996)

May 15, 1996
2

Verifications of Complaint [3:96−cv−01804] (mt, COURT STAFF) (Entered: 05/18/1996)

May 15, 1996
3

ORDER RE COURT PROCEDURE and SCHEDULE : initial case management conference will be held 9/17/96 . (cc: all counsel) (mt, COURT STAFF) (Entered: 05/18/1996)

May 15, 1996
4

IN FORMA PAUPERIS AFFIDAVIT by Plaintiff Worth Hale for leave to proceed in forma pauperis [3:96−cv−01804] (mt, COURT STAFF) (Entered: 05/18/1996)

May 15, 1996
5

IN FORMA PAUPERIS AFFIDAVIT by Plaintiff Ivo Sutich for leave to proceed in forma pauperis [3:96−cv−01804] (mt, COURT STAFF) (Entered: 05/18/1996)

May 15, 1996
6

IN FORMA PAUPERIS AFFIDAVIT by Plaintiff Cheryl Ellison for leave to proceed in forma pauperis [3:96−cv−01804] (mt, COURT STAFF) (Entered: 05/18/1996)

May 15, 1996
7

IN FORMA PAUPERIS AFFIDAVIT by Plaintiff Gregory Michael Myketuk for leave to proceed in forma pauperis [3:96−cv−01804] (mt, COURT STAFF) (Entered: 05/18/1996)

May 15, 1996
9

IN FORMA PAUPERIS AFFIDAVIT by Plaintiff Jonathan Tulin for leave to proceed in forma pauperis [3:96−cv−01804] (mt, COURT STAFF) (Entered: 05/18/1996)

May 15, 1996
10

ORDER by Judge Stanley A. Weigel granting applications to proceed in forma pauperis [3:96−cv−01804] (mt, COURT STAFF) (Entered: 05/26/1996)

May 21, 1996

SUMMONS issued as to defendant Kimberly Belshe, defendant Stephen Mayberg, defendant Matthew Fong, defendant Kathleen Connell [3:96−cv−01804] (mt, COURT STAFF) (Entered: 07/01/1996)

June 28, 1996
11

RETURN OF SERVICE executed upon defendant Kimberly Belshe, defendant Stephen Mayberg, defendant Matthew Fong, defendant Kathleen Connell on 6/28/96 [3:96−cv−01804] (mt, COURT STAFF) (Entered: 07/01/1996)

June 28, 1996
12

NOTICE OF MOTION AND MOTION before Judge Stanley A. Weigel by Plaintiff to certify class action with Notice set for Sep 12, 1996 [3:96−cv−01804] (mt, COURT STAFF) (Entered: 08/10/1996)

Aug. 2, 1996

RECEIVED Proposed Order ( ) re: motion to certify class action [12−1] [3:96−cv−01804] (mt, COURT STAFF) (Entered: 08/10/1996)

Aug. 2, 1996
13

MEMORANDUM in support of motion to certify class action [12−1] [3:96−cv−01804] (mt, COURT STAFF) (Entered: 08/10/1996)

Aug. 2, 1996
15

Expedited MOTION before Mag. Judge Joan S. Brennan by defendant for order granting relief from discovery obligations and to stay discovery with Notice set for Aug 6, 1996 [3:96−cv−01804] (mt, COURT STAFF) (Entered: 08/12/1996)

Aug. 6, 1996

RECEIVED Proposed Order ( ) re: motion for order granting relief from discovery obligations and to stay discovery [15−1] [3:96−cv−01804] (mt, COURT STAFF) (Entered: 08/12/1996)

Aug. 6, 1996
16

DECLARATION by Beverley Meyers re motion for order granting relief from discovery obligations and to stay discovery [15−1] [3:96−cv−01804] (mt, COURT STAFF) (Entered: 08/12/1996)

Aug. 6, 1996
17

NOTICE OF MOTION AND MOTION before Judge Stanley A. Weigel by defendant to dismiss and disqualify counsel with Notice set for 9/12/96 [3:96−cv−01804] (mt, COURT STAFF) (Entered: 08/12/1996)

Aug. 6, 1996

RECEIVED Proposed Order ( ) re: motion to dismiss and disqualify counsel [17−1] [3:96−cv−01804] (mt, COURT STAFF) (Entered: 08/12/1996)

Aug. 6, 1996
18

PROOF OF SERVICE of motion to dismiss and disqualify counsel [17−1] [3:96−cv−01804] (mt, COURT STAFF) (Entered: 08/12/1996)

Aug. 6, 1996
20

PROOF OF SERVICE by Plaintiff of motion to certify class action [12−1] [3:96−cv−01804] (mt, COURT STAFF) (Entered: 08/14/1996)

Aug. 7, 1996
14

CLERK'S NOTICE: motion to certify class taken under submission without hearing. [3:96−cv−01804] (mt, COURT STAFF) (Entered: 08/10/1996)

Aug. 9, 1996
21

MEMORANDUM by Plaintiff in opposition to expedited motion to stay discovery [3:96−cv−01804] (mt, COURT STAFF) (Entered: 08/20/1996)

Aug. 9, 1996
22

DECLARATION by Michael Stortz [3:96−cv−01804] (mt, COURT STAFF) (Entered: 08/20/1996)

Aug. 9, 1996

RECEIVED Proposed Order ( ) [3:96−cv−01804] (mt, COURT STAFF) (Entered: 08/20/1996)

Aug. 9, 1996
19

CLERK'S NOTICE: motion to dismiss, to disqualify counsel, taken under submission. [3:96−cv−01804] (mt, COURT STAFF) (Entered: 08/13/1996)

Aug. 13, 1996
28

DECLARATION by Beverley Meyers on behalf of defendant [3:96−cv−01804] (mt, COURT STAFF) (Entered: 08/27/1996)

Aug. 15, 1996
29

defendant's expedited motion for orderstaying all proceedings [3:96−cv−01804] (mt, COURT STAFF) (Entered: 08/27/1996)

Aug. 15, 1996
30

DECLARATION by Michael Stortz on behalf of Plaintiff [3:96−cv−01804] (mt, COURT STAFF) (Entered: 08/27/1996)

Aug. 20, 1996
31

MEMORANDUM by Plaintiff in opposition to motion for order granting relief from discovery obligations and to stay discovery [15−1] [3:96−cv−01804] (mt, COURT STAFF) (Entered: 08/27/1996)

Aug. 20, 1996

RECEIVED Proposed Order ( ) re: opposition memorandum [31−1] [3:96−cv−01804] (mt, COURT STAFF) (Entered: 08/27/1996)

Aug. 20, 1996
32

PROOF OF SERVICE of opposition memorandum [31−1] [3:96−cv−01804] (mt, COURT STAFF) (Entered: 08/27/1996)

Aug. 20, 1996
24

Ex parte motion by Plaintiff to file brief over 25 pages [3:96−cv−01804] (mt, COURT STAFF) (Entered: 08/27/1996)

Aug. 22, 1996
25

MEMORANDUM by Plaintiff in opposition to motion to dismiss and disqualify counsel [17−1] [3:96−cv−01804] (mt, COURT STAFF) (Entered: 08/27/1996)

Aug. 22, 1996
26

NOTICE OF DISMISSAL as to defendant CA Dept of Mental He, defendant CA Dept of Health Se [3:96−cv−01804] (mt, COURT STAFF) (Entered: 08/27/1996)

Aug. 22, 1996
27

AMENDED COMPLAINT [1−1] [3:96−cv−01804] (mt, COURT STAFF) (Entered: 08/27/1996)

Aug. 22, 1996
33

MEMORANDUM by defendant in opposition to motion to certify class action [12−1] [3:96−cv−01804] (mt, COURT STAFF) (Entered: 08/27/1996)

Aug. 22, 1996
34

DECLARATION by Beverley Meyers re opposition memorandum [33−1] [3:96−cv−01804] (mt, COURT STAFF) (Entered: 08/27/1996)

Aug. 22, 1996
35

Plaintiff's ex parte motion to file oversize brief [3:96−cv−01804] (mt, COURT STAFF) (Entered: 08/27/1996)

Aug. 23, 1996
36

DECLARATION by Michael Stortz [3:96−cv−01804] (mt, COURT STAFF) (Entered: 08/27/1996)

Aug. 23, 1996

RECEIVED Proposed Order ( ) [3:96−cv−01804] (mt, COURT STAFF) (Entered: 08/27/1996)

Aug. 23, 1996
37

MEMORANDUM by Plaintiff in opposition to motion to dismiss and disqualify counsel [17−1] [3:96−cv−01804] (mt, COURT STAFF) (Entered: 08/27/1996)

Aug. 23, 1996
38

PROOF OF SERVICE [3:96−cv−01804] (mt, COURT STAFF) (Entered: 08/27/1996)

Aug. 23, 1996
39

PROOF OF SERVICE [3:96−cv−01804] (mt, COURT STAFF) (Entered: 08/27/1996)

Aug. 23, 1996
40

PROOF OF SERVICE [3:96−cv−01804] (mt, COURT STAFF) (Entered: 08/27/1996)

Aug. 23, 1996
41

REPLY by defendant re motion to stay [3:96−cv−01804] (mt, COURT STAFF) (Entered: 08/27/1996)

Aug. 23, 1996
42

OBJECTIONS by defendant to Magistrate order denying relief from disclosure obligations [3:96−cv−01804] (mt, COURT STAFF) (Entered: 08/28/1996)

Aug. 26, 1996

RECEIVED Proposed Order ( ) [3:96−cv−01804] (mt, COURT STAFF) (Entered: 08/28/1996)

Aug. 26, 1996
44

Memo in response to opposition by Plaintiff re motion to certify class action [12−1] [3:96−cv−01804] (mt, COURT STAFF) (Entered: 08/30/1996)

Aug. 29, 1996
45

ERRATA by Plaintiff [3:96−cv−01804] (mt, COURT STAFF) (Entered: 08/30/1996)

Aug. 29, 1996
46

PROOF OF SERVICE of reply [44−1] [3:96−cv−01804] (mt, COURT STAFF) (Entered: 08/30/1996)

Aug. 29, 1996
47

ORDER by Judge Stanley A. Weigel staying all proceedings until further order of the court, except defendant's motion to dismiss (cc: all counsel) [3:96−cv−01804] (mt, COURT STAFF) (Entered: 08/30/1996)

Aug. 29, 1996
48

ERRATA sheet re: pltf's memo in response to deft's opposition to pltf's motion to certify class by Plaintiff to [44−1] [3:96−cv−01804] (tl, COURT STAFF) (Entered: 09/06/1996)

Sept. 5, 1996
49

DECLARATION by Teresa Nelson on behalf of Plaintiff [3:96−cv−01804] (mt, COURT STAFF) (Entered: 09/12/1996)

Sept. 10, 1996
50

DECLARATION by Cathernine Blakemore [3:96−cv−01804] (mt, COURT STAFF) (Entered: 09/12/1996)

Sept. 10, 1996
51

STIPULATION re responsive pleading [3:96−cv−01804] (mt, COURT STAFF) (Entered: 09/12/1996)

Sept. 11, 1996
52

OBJECTIONS by defendant to declarations of Nelson and Blakemore [3:96−cv−01804] (mt, COURT STAFF) (Entered: 09/18/1996)

Sept. 16, 1996
53

ORDER by Judge Stanley A. Weigel granting motion to dismiss in part all counsel) [3:96−cv−01804] (mt, COURT STAFF) (Entered: 12/09/1996)

Dec. 2, 1996
54

ORDER by Judge Stanley A. Weigel waiving the 25−page rule ) (cc: all counsel) [3:96−cv−01804] (mt, COURT STAFF) (Entered: 12/13/1996)

Dec. 2, 1996
55

NOTICE OF APPEAL by defendant from Dist. Court decision order [53−1] Fee status: not paid [3:96−cv−01804] (mt, COURT STAFF) (Entered: 12/18/1996)

Dec. 12, 1996
56

TRANSCRIPT DESIGNATION and Ordering Form filed for dates none ; C/R: none; appeal [55−1] [3:96−cv−01804] (mt, COURT STAFF) (Entered: 01/03/1997)

Dec. 20, 1996
57

Errata Sheet re petition for appointment of guardian ad litem [3:96−cv−01804] (mt, COURT STAFF) (Entered: 01/03/1997)

Dec. 24, 1996
58

OPPOSITION by Plaintiff to petition for appoitment of guardian ad litem. [3:96−cv−01804] (mt, COURT STAFF) (Entered: 01/03/1997)

Dec. 27, 1996

Copy of notice of appeal and docket sheet to all counsel [3:96−cv−01804] (mt, COURT STAFF) (Entered: 01/02/1997)

Jan. 2, 1997
59

ORDER by Judge Stanley A. Weigel staying proceedings ( (cc: all counsel) [3:96−cv−01804] (mt, COURT STAFF) (Entered: 01/23/1997)

Jan. 9, 1997
60

LETTER dated 12/18/96 from atty Meyers re apeal [3:96−cv−01804] (mt, COURT STAFF) (Entered: 01/23/1997)

Jan. 9, 1997
61

NOTICE of change of address re Protection and Advocacy, Inc [3:96−cv−01804] (mt, COURT STAFF) (Entered: 02/04/1997)

Feb. 3, 1997
62

NOTICE from CCA re appeal: their number 97−15177 [3:96−cv−01804] (mt, COURT STAFF) (Entered: 02/11/1997)

Feb. 4, 1997
63

NOTICE of mailing file to Hon Dorothy Nelson, CCA [3:96−cv−01804] (mt, COURT STAFF) (Entered: 05/12/1997)

May 12, 1997
64

ORDER directing clerk to reassign case. [3:96−cv−01804] (mt, COURT STAFF) (Entered: 06/19/1997)

June 18, 1997
66

CASE MANAGEMENT SCHEDULING ORDER AFTER REASSIGNMENT by Judge Vaughn R. Walker : Plaintiffs' counsel shall file a status report not later than 7/18/97, and every three months thereafter from the date of this order. (cc: all counsel) [3:96−cv−01804] (lh, COURT STAFF) (Entered: 07/07/1997)

July 2, 1997
67

STATUS REPORT by Plaintiffs [3:96−cv−01804] (lh, COURT STAFF) (Entered: 07/22/1997)

July 21, 1997
68

CERTIFIED COPY of judgment from USCA AFFIRMING the decision of the District Court [55−1] [3:96−cv−01804] (lh, COURT STAFF) (Entered: 09/19/1997)

Sept. 15, 1997
69

CLERK's letter spreading the mandate to counsel. re appeal [55−1] [3:96−cv−01804] (lh, COURT STAFF) (Entered: 09/19/1997)

Sept. 15, 1997
70

CASE MANAGEMENT SCHEDULING ORDER AFTER REASSIGNMENT by Judge Vaughn R. Walker : initial case management conference will be held 9:00 10/23/97 . (cc: all counsel) [3:96−cv−01804] (lh, COURT STAFF) (Entered: 09/29/1997)

Sept. 25, 1997
71

MAIL [69−1], [68−1] returned from Post Office addressed to Sandra Pettit. [3:96−cv−01804] (lh, COURT STAFF) (Entered: 10/16/1997)

Oct. 1, 1997
72

MAIL [70−1] returned from Post Office addressed to Sandra Pettit. [3:96−cv−01804] (lh, COURT STAFF) (Entered: 10/16/1997)

Oct. 2, 1997
73

REQUEST by Plaintiffs for order of voluntary dismissal without prejudice [3:96−cv−01804] (lh, COURT STAFF) (Entered: 10/17/1997)

Oct. 16, 1997

RECEIVED [Proposed] Order (Plaintiffs) re: Request for voluntary dismissal [73−1] [3:96−cv−01804] (lh, COURT STAFF) (Entered: 10/17/1997)

Oct. 16, 1997
74

ORDER by Judge Vaughn R. Walker GRANTING request [73−1] DISMISSING case without prejudice (Date Entered: 10/21/97) (cc: all counsel) [3:96−cv−01804] (lh, COURT STAFF) (Entered: 10/21/1997)

Oct. 20, 1997
75

DEFENDANTS' STATEMENT in NON−Opposition to request for order of voluntary dismissal [73−1] [3:96−cv−01804] (lh, COURT STAFF) (Entered: 10/23/1997)

Oct. 22, 1997
76

PROOF OF SERVICE by defendant of Scheduling order dismissing case without prejudice [74−1], order [74−2] [3:96−cv−01804] (lh, COURT STAFF) (Entered: 10/23/1997)

Oct. 22, 1997

State / Territory: California

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Olmstead Cases

Key Dates

Filing Date: May 15, 1996

Closing Date: Oct. 20, 1997

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Individuals with psychiatric disabilities who were eligible for community-based mental health services.

Plaintiff Type(s):

State Plaintiff

Attorney Organizations:

NDRN/Protection & Advocacy Organizations

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

Califronia Department of Health Services (Sacramento, Sacramento), State

California Department of Mental Health (Sacramento, Sacramento), State

Case Details

Causes of Action:

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

Nursing Care Reform Act of 1987/ Omnibus Reconciliation Act

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

Availably Documents:

Trial Court Docket

Outcome

Prevailing Party: Mixed

Source of Relief:

Settlement

Form of Settlement:

Voluntary Dismissal

Issues

Benefit Source:

Medicaid