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Case: Emily Q. v. Bonta

2:98-cv-04181 | U.S. District Court for the Central District of California

Filed Date: May 27, 1998

Case Ongoing

Clearinghouse coding complete

Case Summary

On May 27, 1998 a group of seven children with intensive mental health needs who were eligible for Medi-Cal benefits filed suit against the California Department of Health Services in the Federal District Court for the Central District of California alleging violations of the Medicaid Act. They contended they were entitled under federal law to mental health benefits that were being denied to them, specifically Therapeutic Behavioral Services (TBS). They sought injunctive relief requiring that…

On May 27, 1998 a group of seven children with intensive mental health needs who were eligible for Medi-Cal benefits filed suit against the California Department of Health Services in the Federal District Court for the Central District of California alleging violations of the Medicaid Act. They contended they were entitled under federal law to mental health benefits that were being denied to them, specifically Therapeutic Behavioral Services (TBS). They sought injunctive relief requiring that the defendant cover TBS.

On February 24, 1999 the district court (Judge William D. Keller) issued a preliminary injunction requiring that the defendant acknowledge that the Medi-Cal program covered TBS, implement procedures whereby plaintiffs could request TBS, and inform members of the putative class that they could request TBS. On May 4, 1999 the district court (Judge Keller) certified a state-wide class consisting of all current and future beneficiaries of the Medi-Cal Medicaid program under the age of 21 who were placed in a locked facility or a particular type of group home for the treatment of mental health needs, were being considered for such placement, or had undergone one or more psychiatric hospitalizations related the their disability in the previous two years.

On July 23, 1999 the defendant stipulated to judgment for the plaintiffs on all claims. Thereafter the dispute concerned the appropriate remedy as the parties were unable to reach an agreement as to several specific issues related to how TBS could be requested, how notification of the availability of TBS would work, how precisely assessments were to be conducted, the qualifications of assessors, and monitoring. On March 30, 2001 the district court (Judge Howard A. Matz) entered a permanent injunction resolving these issues, largely in favor of the plaintiffs.

The court continued to exercise jurisdiction over compliance with the terms of the injunction. On April 22, 2004 the court (Judge Matz) modified the permanent injunction to include additional remedial measures based on the finding that the defendant had not made TBS available to patients at an acceptable rate. On July 29, 2004 a plan to increase the usage of TBS was approved. These measures also included increased monitoring, and on December 29, 2004 a special master was appointed.

On February 28, 2006 the defendant moved for relief from all injunctions but the court (Judge Matz) denied this motion. The defendant appealed, but on October 2, 2006 the Ninth Circuit (Judges Konzinski, O'Scannlain, and Bybee) affirmed the district court. As of November 2010, the case remained open. The Special Master had filed a Seventh Report and a status conference was scheduled.

Summary Authors

Michael Perry (1/10/2011)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/5738220/parties/emily-q-v-diane-bonta/


Judge(s)

Bybee, Jay S. (Nevada)

Keller, William Duffy (California)

Kozinski, Alex (California)

Matz, A. Howard (California)

O'Scannlain, Diarmuid Fionntain (Oregon)

Wistrich, Andrew J. (California)

Attorneys(s) for Plaintiff

Barkoff, Alison (District of Columbia)

Bird, Melinda R. (California)

Burnim, Ira Abraham (District of Columbia)

Casas-Sarmiento, Eva (California)

Judge(s)

Bybee, Jay S. (Nevada)

Keller, William Duffy (California)

Kozinski, Alex (California)

Matz, A. Howard (California)

O'Scannlain, Diarmuid Fionntain (Oregon)

Wistrich, Andrew J. (California)

Attorneys(s) for Plaintiff

Barkoff, Alison (District of Columbia)

Bird, Melinda R. (California)

Burnim, Ira Abraham (District of Columbia)

Casas-Sarmiento, Eva (California)

Gee, Suzanna (California)

Holle, Marilyn (California)

Kluk, Michael J. (California)

Newman, Robert D. Jr. (California)

Pettit, Sandra B. (California)

Preis, James Joseph (California)

Roberts, Margaret P. (California)

Rosenbaum, Mark Dale (California)

Rothschild, Richard (California)

Sakimura, Keith K. (California)

Seaborn, Stuart (California)

Shea, Nancy M. (California)

Stortz, Michael James (California)

Weisz, Virginia G. (California)

Wheeler, Allison (California)

Attorneys(s) for Defendant

Ahern, James F. (California)

Gibson, Paula Lauren (California)

Munoz, G. Mateo (California)

Owens, Andrew W. (California)

Sanders, John H. (California)

Tamura, Irene K. (California)

Vaughn, Melinda (California)

Waldow, Richard T. (California)

Wu, Patrick A. (California)

Expert/Monitor/Master

Groves, Ivor (Florida)

Saletta, Richard (California)

Documents in the Clearinghouse

Document

2:98-cv-04181

Docket

Nov. 23, 2010

Nov. 23, 2010

Docket
187

2:98-cv-04181

Order Granting Plaintiffs' Motion for Permanent Injunction

March 30, 2001

March 30, 2001

Order/Opinion
291

2:98-cv-04181

Amended Judgment and Permanent Injunction

April 22, 2004

April 22, 2004

Order/Opinion
304

2:98-cv-04181

Order Re: Plan to Increase TBS Utilization and Joint Stipulation of Support Thereof

July 29, 2004

July 29, 2004

Order/Opinion
340

2:98-cv-04181

Order Appointing Special Master

Dec. 29, 2004

Dec. 29, 2004

Order/Opinion

06-55489

06-55339

Opinion (Affirming the District Court)

U. S. Court of Appeals for the Ninth Circuit

Oct. 2, 2006

Oct. 2, 2006

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5738220/emily-q-v-diane-bonta/

Last updated Nov. 21, 2022, 3:08 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed Summons(es) issd referred to Discovery Ann I. Jones (seal) (Entered: 06/01/1998)

May 27, 1998

May 27, 1998

PACER
15

ANSWER filed by dft Seal B to complaint [1-1]. (seal) (Entered: 06/22/1998)

June 15, 1998

June 15, 1998

PACER
18

ORDER by Judge William D. Keller re mot practice. (seal) (Entered: 06/22/1998)

June 18, 1998

June 18, 1998

PACER
19

STIPULATION and ORDER by Judge William D. Keller that the time for dft Seal A to file a responsive pleading to plfs' cmp shall be ext 20 days from 6/18/98 to & including 7/8/98. (seal) (Entered: 07/07/1998)

June 23, 1998

June 23, 1998

PACER
20

NOTICE OF MOTION AND MOTION by plfs for preliminary injunction ; motion hearing set for 3:00 8/3/98. Lodged Proposed Order (Fwd to CRD) (seal) (Entered: 07/07/1998)

June 29, 1998

June 29, 1998

PACER
21

PROOF OF SERVICE by plfs on 6/29/98 of ntc of mot, mot for P/I, prop ord for P/I, plf's ex parte appl for protective ord to seal records purs to stip. (seal) (Entered: 07/07/1998)

June 29, 1998

June 29, 1998

PACER
25

PROOF OF SERVICE by plfs on 6/29/98 of ntc of mot, mot for P/I, prop ord for P/I, ex parte appl for protective ord to seal records purs to stip. (seal) (Entered: 07/16/1998)

June 29, 1998

June 29, 1998

PACER
22

ANSWER filed by dft Seal A to complaint [1-1]. (seal) (Entered: 07/09/1998)

July 7, 1998

July 7, 1998

PACER
23

NON-CALIFORNIA STATE CASES filed by plfs cited in preliminary injunction brief. (seal) (Entered: 07/09/1998)

July 7, 1998

July 7, 1998

PACER
24

AMENDED PROOF OF SERVICE by plfs on 6/30/98 of ntc of mot; mot for P/I; prop ord for P/I; ex parte appl for protective ord to seal records purs to stip. (seal) (Entered: 07/09/1998)

July 7, 1998

July 7, 1998

PACER
26

EX PARTE APPLICATION by plfs & ORDER by Judge William D. Keller that the plfs & their respective guardians ad litem shall proceed in this actn w/ fictitious names. The appls to proceed in forma pauperis & the guardian ad litem appls in plfs true names will be sealed. Fur ORD that if any of the "Doe" plfs are identified they too will proceed in this actn by fictitious names. The fictitious names of the subsequently identified plfs & their guardian ad litems will be the initials of their first & last name & that such initials will appear on pleadings decls & affs in the actn. (seal) (Entered: 07/16/1998)

July 9, 1998

July 9, 1998

PACER
27

EX PARTE APPLICATION & ORDER PURS TO STIPULATION by Judge William D. Keller that a protective ord is hereby issd to seal records containing personally identifying info & to protect the confidentiality of personally identifying info relating to all named plfs, putative class members & their respective guardians ad litem. (seal) (Entered: 07/16/1998)

July 10, 1998

July 10, 1998

PACER
28

NOTICE OF MOTION by dft Seal B for judgment on the pleadings ; motion hearing set for 3:00 8/3/98. Lodged Prop Ord (Fwd to CRD) (seal) (Entered: 07/16/1998)

July 10, 1998

July 10, 1998

PACER
29

MEMORANDUM OF PA IN SUPPORT by dft Seal B of motion for judgment on the pleadings Rule 12(c) [28-1]. (seal) (Entered: 07/16/1998)

July 10, 1998

July 10, 1998

PACER
30

DECLARATION of John S. Hatakeyama by dft Seal B in suppt of motion for judgment on the pleadings [28-1]. (seal) (Entered: 07/16/1998)

July 10, 1998

July 10, 1998

PACER
31

DECLARATION of Andrew W. Owens by dft Seal B in suppt of motion for judgment on the pleadings [28-1]. (seal) (Entered: 07/16/1998)

July 10, 1998

July 10, 1998

PACER
32

REQUEST by dft Seal B for judicial notice in suppt of motion for judgment on the pleadings [28-1]. (seal) (Entered: 07/16/1998)

July 10, 1998

July 10, 1998

PACER
33

RESPONSE AND OPPOSITION by dft Seal A to plfs' motion for preliminary injunction [20-1]; decls of Carol S. Hood & James Cicconetti w/ attachments. (seal) (Entered: 07/16/1998)

July 14, 1998

July 14, 1998

PACER
34

MEMORANDUM OF PA IN OPPOSITION by dft Seal B to plfs' motion for preliminary injunction [20-1]. (seal) (Entered: 07/21/1998)

July 15, 1998

July 15, 1998

PACER
35

DECLARATION of Andrew W. Owens by dft Seal B in suppt of opp to plf's motion for preliminary injunction [20-1]. (seal) (Entered: 07/21/1998)

July 15, 1998

July 15, 1998

PACER
36

DECLARATION of Gurubanda Singh Khalsa by dft Seal B in suppt of opp to plfs' motion for preliminary injunction [20-1]. (seal) (Entered: 07/21/1998)

July 15, 1998

July 15, 1998

PACER
37

DECLARATION of Jo Ellen Perkins by dft Seal B in suppt of opp to plfs' motion for preliminary injunction [20-1]. (seal) (Entered: 07/21/1998)

July 15, 1998

July 15, 1998

PACER
38

DECLARATION of Paul L. McIver by dft Seal B in suppt of opp to plfs' motion for preliminary injunction [20-1]. (seal) (Entered: 07/21/1998)

July 15, 1998

July 15, 1998

PACER
39

DECLARATION of Doris S. Soghor, M.D. by dft Seal B in suppt of opp to plfs' motion for preliminary injunction [20-1]. (seal) (Entered: 07/21/1998)

July 15, 1998

July 15, 1998

PACER
40

OBJECTIONS by dft Seal B to plf's evidence in suppt of motion for preliminary injunction [20-1]. (seal) (Entered: 07/21/1998)

July 15, 1998

July 15, 1998

PACER
41

ORIGINAL DECLARATION of Carol S. Hood by dft Seal A fld in conjunction w/ dft's resp & opp to plfs' motion for a preliminary injunction [20-1]. (seal) (Entered: 07/21/1998)

July 15, 1998

July 15, 1998

PACER
42

RETURN OF ORIGINAL SUMMONS and PROOF OF SERVICE of summons & complaint served upon Seal A by personal svc on William Merrifield, Staff Attorney on 5/29/98; served upon Seal B by personal svc on Doris Williams Rowes, Deputy Clerk, on 5/29/98. (seal) (Entered: 07/21/1998)

July 16, 1998

July 16, 1998

PACER
43

EXHIBITS FILED UNDER SEAL by plfs in connection w/ motion for preliminary injunction [20-1]. (seal) (Entered: 07/21/1998)

July 16, 1998

July 16, 1998

PACER
44

OPPOSITION by plfs to motion for judgment on the pleadings [28-1]. (seal) (Entered: 07/27/1998)

July 20, 1998

July 20, 1998

PACER
45

DECLARATION of Eva Casassarmiento by plfs in suppt of opp to dft's motion for judgment on the pleadings [28-1]. (seal) (Entered: 07/27/1998)

July 20, 1998

July 20, 1998

PACER
46

REQUEST by plfs for judicial notice of facts in suppt of opp to motion for judgment on the pleadings [28-1]; memo of PA in suppt thereof. (seal) (Entered: 07/27/1998)

July 20, 1998

July 20, 1998

PACER
47

NOTICE OF WITHDRAWAL by plfs of motion for preliminary injunction [20-1]. (seal) (Entered: 08/03/1998)

July 24, 1998

July 24, 1998

PACER
48

MEMORANDUM OF PA IN REPLY by dft Seal B to plfs' opp to motion for judgment on the pleadings [28-1]. (seal) (Entered: 08/03/1998)

July 27, 1998

July 27, 1998

PACER
49

CONTINUANCE by dft Seal B of motion; resetting hearing on motion for judgment on the pleadings [28-1] 10:00 8/10/98. (seal) (Entered: 08/03/1998)

July 30, 1998

July 30, 1998

PACER
50

NOTICE OF DOCUMENT DISCREPANCY AND ORDER by Judge William D. Keller that dft's wit & exh list, rec'd 7/28/98, are not to be fld, but instead rejected and returned to cnsl. (seal) (Entered: 08/03/1998)

July 30, 1998

July 30, 1998

PACER
51

WITNESS list submitted by defendant Seal A. (seal) (Entered: 08/03/1998)

July 30, 1998

July 30, 1998

PACER
52

EXHIBIT list by defendant Seal A. (seal) (Entered: 08/03/1998)

July 30, 1998

July 30, 1998

PACER
53

JOINT REPORT OF EARLY MEETING OF COUNSEL purs to Local Rule 6.5 filed. Estimated length of trial 30 days. (seal) (Entered: 08/06/1998)

Aug. 3, 1998

Aug. 3, 1998

PACER
54

MINUTES by Judge William D. Keller: On the Crt's own mot, ORD that dfts' motion for judgment on the pleadings [28-1], noticed for hrg on 8/10/98, is taken under submission on that date. Keller CR: n/a. (seal) (Entered: 08/18/1998)

Aug. 11, 1998

Aug. 11, 1998

PACER
55

STIPULATION and ORDER by Judge William D. Keller that the time for plfs to file their mot for class certification shall be ext from 8/27/98 to 1/4/99. (seal) (Entered: 08/27/1998)

Aug. 13, 1998

Aug. 13, 1998

PACER
56

MINUTES by Judge William D. Keller: Crt DEN dft Seal B's motion for judgment on the pleadings [28-1]. CR: n/a. (seal) (Entered: 08/27/1998)

Aug. 24, 1998

Aug. 24, 1998

PACER
57

NOTICE by dft Seal A of non availability (of DAG from 12/23/98 to 1/8/99 inclusive, & from 1/15/98 to 2/5/99 inclusive). (seal) (Entered: 12/03/1998)

Nov. 18, 1998

Nov. 18, 1998

PACER
58

NOTICE OF MOTION AND MOTION by plfs re plfs' memo of P/A in suppt of mot for class certification ; motion hearing set for 3:00 pm on 2/22/99 (seal) (Entered: 01/20/1999)

Dec. 31, 1998

Dec. 31, 1998

PACER
59

MEMORANDUM OF P/A IN SUPPORT by plfs of motion re plfs' memo of P/A in suppt of mot for class certification [58-1]; declas; exhibits (seal) (Entered: 01/20/1999)

Dec. 31, 1998

Dec. 31, 1998

PACER
60

NOTICE OF MOTION AND MOTION by plfs Seal 6, Seal 5, Seal 4, Seal 3, Seal 2 and Seal 1 for preliminary injunction ; motion hearing set for 3:00 pm on 2/22/99 Lodged Propsd Ord (seal) (Entered: 01/26/1999)

Jan. 19, 1999

Jan. 19, 1999

PACER
61

MEMORANDUM OF P/A IN SUPPORT by plfs Seal 6, Seal 5, Seal 4, Seal 3, Seal 2 and Seal 1 of req for preliminary injunction [60-1]; declas & exhibits (seal) (Entered: 01/26/1999)

Jan. 19, 1999

Jan. 19, 1999

PACER
62

NON-FEDERAL CASES by plfs Seal 6, Seal 5, Seal 4, Seal 3, Seal 2 and Seal 1 to motion for preliminary injunction [60-1] brief (seal) (Entered: 01/26/1999)

Jan. 19, 1999

Jan. 19, 1999

PACER
63

NOTICE & PETITION by dft Seal A for removal & joinder of state claims to this actn; exhs [28 U.S.C. 1141(b), federal questions]. (seal) (Entered: 02/01/1999)

Jan. 26, 1999

Jan. 26, 1999

PACER
72

NOTICE by defendant of related case(s), filed in LA Superior Court, case nos. CK 01539 & CK 01539 (seal) (Entered: 02/23/1999)

Feb. 2, 1999

Feb. 2, 1999

PACER
64

NOTICE by dft Seal A of lodging of the orig depo transcript of Doug Porter w/ the Crt for mot hrgs. (seal) (Entered: 02/11/1999)

Feb. 3, 1999

Feb. 3, 1999

PACER

LODGED Deposition Transcript submitted by dft Seal A (FWD TO CRD) (seal)

Feb. 3, 1999

Feb. 3, 1999

PACER
65

RESPONSE & OPPOSITION by dft Seal A to plfs' motion for class certification [58-1]; decl of Pat Jordan. (seal) (Entered: 02/11/1999)

Feb. 4, 1999

Feb. 4, 1999

PACER
66

RESPONSE & OPPOSITION by dft Seal A to plfs' motion for a preliminary injunction [60-1]; exhs. (seal) (Entered: 02/11/1999)

Feb. 8, 1999

Feb. 8, 1999

PACER
69

NON-FEDERAL CITATIONS by dft Seal A. (seal) (Entered: 02/12/1999)

Feb. 8, 1999

Feb. 8, 1999

PACER
67

NOTICE OF FILING & FILING by dft Seal A of orig decl of Pat Jordan in opp to plfs' motion for class certification [58-1]. (seal) (Entered: 02/12/1999)

Feb. 10, 1999

Feb. 10, 1999

PACER
68

NOTICE OF DOCUMENT DISCREPANCY AND ORDER by Judge William D. Keller that dft's non-fed citations, rec'd 2/8/99, is to be fld & processed. (seal) (Entered: 02/12/1999)

Feb. 10, 1999

Feb. 10, 1999

PACER
70

REPLY MEMOANDUM by plf in suppt of motion for class certification [58-1]. (seal) (Entered: 02/22/1999)

Feb. 11, 1999

Feb. 11, 1999

PACER
71

REPLY MEMORANDUM by plfs in suppt of preliminary injunction [60-1]; exhs. (seal) (Entered: 02/22/1999)

Feb. 12, 1999

Feb. 12, 1999

PACER
73

NOTICE OF FILING & FILING by plf of original decls of Judy F. Kim Nemoy, Eva Vera & Michele Melden in suppt of motion for a preliminary injunction [60-1]. (seal) (Entered: 02/25/1999)

Feb. 18, 1999

Feb. 18, 1999

PACER
74

NOTICE by plfs of addtl citations to depos form plfs reply brief. (seal) (Entered: 02/25/1999)

Feb. 18, 1999

Feb. 18, 1999

PACER
75

NOTICE by plfs of citations to depo transcripts. (seal) (Entered: 02/25/1999)

Feb. 18, 1999

Feb. 18, 1999

PACER
76

NOTICE OF LODGING by plfs of the orig depo transcripts w/ the crt for mot hrgs. (seal) (Entered: 02/25/1999)

Feb. 18, 1999

Feb. 18, 1999

PACER
77

STIPULATION and ORDER by Judge William D. Keller that all state claims, including any claim re the County of Los Angeles shall be remanded to the Superior Court of Los Angeles. The issues remaining in this federal court shall be stayed for 4 weeks following the hrg on the P/I set for 2/22/99. (ENT 2/25/99) mld cpy. cc: Edelman Children's Court, Superior Court, Juvenile Division. (seal) (Entered: 02/25/1999)

Feb. 22, 1999

Feb. 22, 1999

PACER
78

NOTICE OF MOTION AND MOTION by plfs for order of dismissal ; motion hearing set for 3:00 3/22/99; memo of PA & supporting exhs. Lodged Proposed Jgm & Order (Fwd to CRD). (seal) (Entered: 03/01/1999)

Feb. 22, 1999

Feb. 22, 1999

PACER
79

MINUTES by Judge William D. Keller: Plfs' motion for class certification [58-1] and motion for preliminary injunction [60-1] are taken under submission. CR: Walter R. Ledge. (seal) (Entered: 03/01/1999)

Feb. 22, 1999

Feb. 22, 1999

PACER
80

ORDER by Judge William D. Keller for Preliminary Injunction [60-1]. Dft Seal A is fur ORD to appear ; IN COURT HEARING RE: Report on Compliance w/ Ord w/ respect to each of the named plfs set on 3:00 4/19/99 . (seal) (Entered: 03/08/1999)

Feb. 23, 1999

Feb. 23, 1999

PACER
81

MINUTES by Judge William D. Keller: plfs' motion for a preliminary injunction [60-1] is GR. plfs' mot for class certification will be addressed at the hrg set forth in the injunction, resetting hearing on motion for class certification [58-1] 3:00 4/19/99. CR: n/a. (seal) (Entered: 03/08/1999)

Feb. 24, 1999

Feb. 24, 1999

PACER
82

MINUTES by Judge William D. Keller: On the Crt's own mot, resetting hearing on plfs' motion for order of dismissal [78-1] 3:00 4/5/99. CR: n/a. (seal) (Entered: 03/08/1999)

Feb. 25, 1999

Feb. 25, 1999

PACER

LODGED PROPOSED ORDER for P/I submitted by plfs. (FWD TO CRD) (seal)

Feb. 26, 1999

Feb. 26, 1999

PACER

PLACED IN FILE - NOT USED plfs' prop ord for P/I. (seal)

March 1, 1999

March 1, 1999

PACER

PLACED IN FILE - NOT USED plfs' prop ord certifying class as a class actn & waiving requirements of ntc to absent class members. (seal)

March 1, 1999

March 1, 1999

PACER
83

REQUEST by plfs for status conf. (seal) (Entered: 03/16/1999)

March 11, 1999

March 11, 1999

PACER
85

MINUTES: The crt DENIES plf's request for stat conf [83-1]; plfs' concerns will be addressed @ the hrg on 4/19/99 by Judge William D. Keller CR: N/A (cc to all cnsl) (ap) (seal) Modified on 03/31/1999 (Entered: 03/31/1999)

March 17, 1999

March 17, 1999

PACER
84

NOTICE OF APPEAL by defendant Seal B, defendant Seal A to 9th C/A from Dist. Court ord fld 2/23/99 [80-2] (cc: James F. Ahern, Dpty Atty Gen; Melinda Bird, Protection & Advocacy, Inc; L.A. County Counsel,Andrew Owens; Robert D. Newman, Western Center of Law & Poverty ) Fee: Paid (seal) (Entered: 03/23/1999)

March 22, 1999

March 22, 1999

PACER
86

PROOF OF SVC by dft Seal A on 3/24/99 upon Melinda Bird, Andrew Owens and Robert D Newman docs mailed incl Proof of Svc by Mail of Transcript Designation & Ordering Form (ap) (seal) Modified on 03/31/1999 (Entered: 03/31/1999)

March 25, 1999

March 25, 1999

PACER
90

NOTICE OF MOTION AND MOTION by plaintiff for leave to fi A/C ; motion hearing set for 3:00 4/26/99 [lori] (seal) Modified on 04/20/1999 (Entered: 04/20/1999)

March 26, 1999

March 26, 1999

PACER
91

NOTICE OF MOTION AND MOTION by plaintiff certifyingcs asa class act & waiving req of not to absent class members ; motion hearing set for 3:00 4/26/99 Lodged Ord [lori] (seal) Modified on 04/20/1999 (Entered: 04/20/1999)

March 26, 1999

March 26, 1999

PACER
87

ORDER by Judge William D. Keller, It is stip by plfs & dft Seal C, dism w/o prej of all clms agnst dft Seal C is approved & ord (ENT 04/08/99) mld cpy & ntc to pty (seal) (Entered: 04/08/1999)

April 6, 1999

April 6, 1999

PACER
88

JUDGMENT AND ORDER: by Judge William D. Keller, It is ord that jgm of dism agnst Seal C is hereby entered w/o prej (EN 04/08/99) mld cpy & ntc to pty (seal) (Entered: 04/08/1999)

April 6, 1999

April 6, 1999

PACER
92

RESPONSE by defendant Seal A to to motion re plfs' memo of P/A in suppt of mot for class certification [58-1] (BG) (seal) (Entered: 04/26/1999)

April 12, 1999

April 12, 1999

PACER
95

RECEIPT OF TRANSCRIPT of proceedings for the following date(s): 2/22/99 (Re: [84-1]) CR: WR Ledge (seal) (Entered: 04/28/1999)

April 12, 1999

April 12, 1999

PACER
96

TRANSCRIPT filed for proceedings held on 2/22/99 (seal) (Entered: 04/28/1999)

April 12, 1999

April 12, 1999

PACER
97

9th cca ord the app fld 3/22/99 is a P/I app. CA# 99-55486 (seal) (Entered: 05/03/1999)

April 13, 1999

April 13, 1999

PACER
89

NOTIFICATION by Circuit Court of Appellate Docket Number appeal [84-1] 99-55486 (seal) (Entered: 04/19/1999)

April 19, 1999

April 19, 1999

PACER
93

STIPULATION and ORDER by Judge William D. Keller granting motion for leave to fi A/C [90-1] (BG) (seal) (Entered: 04/26/1999)

April 21, 1999

April 21, 1999

PACER
94

Supplemental DECLARATION by plaintiffs (original signature) (BG) (seal) (Entered: 04/26/1999)

April 21, 1999

April 21, 1999

PACER
99

JOINT STATUS REPORT (bg) (seal) Modified on 05/06/1999 (Entered: 05/06/1999)

April 22, 1999

April 22, 1999

PACER
101

ORDER by Judge William D. Keller to place under seal Seal A's response to crt's compliance order of 2/23/99 (bg) (seal) Modified on 05/06/1999 (Entered: 05/06/1999)

April 26, 1999

April 26, 1999

PACER
102

MINUTES: ; in court hearing osc re p/i withdrawn granting motion certifyingcs asa class act & waiving req of not to absent class members [91-1], finding the motion for leave to fi [90-1] moot. Within 60 days cnls shall submit ajoint proposed final inj or alt a joint proposed sched & status report by Judge William D. Keller CR: Magda (bg) (seal) Modified on 05/06/1999 (Entered: 05/06/1999)

April 26, 1999

April 26, 1999

PACER

LODGED/PROPOSED ORDER re class certification submitted by plaintiffs .(FWD TO CRD) (seal)

May 3, 1999

May 3, 1999

PACER
98

1st AMENDED COMPLAINT [1-1] by PLFS terminating plf Seal 6 and dfts Seal B & Seal C; adding plfs Seal 7, Seal 8, Seal 9, Seal Summons not issd (ap) (seal) Modified on 05/04/1999 (Entered: 05/04/1999)

May 4, 1999

May 4, 1999

PACER
108

ORDER by Judge William D. Keller, It is ord that the crt finds that this act meets all requirements of FRCP 23(a) & (b)(2), this mtr is hereby certified as a class actn on behalf of all current & future beneficiaries of the Medi-Cal Medicaid program below the age of 21 in CA, plfs need not give ntc of this class actn to absent class memeber prior to jgm or stltmnt, in accordance w/the ptys stip & ord granting a P/I in this case which was entered 2/23/99, shall apply in all respects to ea member of the mentioned statewide class, dft Seal A or her successor in office shall have til 5/16/99 to file a responsive pldg to the A/C in this case, NLT 6/25/99 (or 60 days after hrg on 4/26/99) ptys shall jntly file either a propsd P/I in this case for entry by the crt, or, alter, a jnt stat rpt (see ord for further details & iss) (seal) (Entered: 05/14/1999)

May 5, 1999

May 5, 1999

PACER
110

ORDER by Judge William D. Keller, It is ord that Dollie D is appointed guardian ad litem for plf Seal 7 (seal) (Entered: 05/18/1999)

May 5, 1999

May 5, 1999

PACER
111

ORDER by Judge William D. Keller, It is ord that Robert K is appointed as guardian ad litem for plf Seal 8 (seal) (Entered: 05/18/1999)

May 5, 1999

May 5, 1999

PACER
107

CERTIFICATE of Record Transmitted to USCA -99-55486 (cc: all parties) (seal) (Entered: 05/11/1999)

May 11, 1999

May 11, 1999

PACER

LODGED CERTIFIED COPY of 9thcca ord, p/i appeal is dismissed. (99-55486) (FWD TO CRD) (seal)

May 24, 1999

May 24, 1999

PACER
113

CERTIFIED COPY of Appellate Court Order: Appeal case #99-55486 dismissing the appeal [84-1] (ENT 5/28/99) mld cpys (ap) (seal) Modified on 05/28/1999 (Entered: 05/28/1999)

May 26, 1999

May 26, 1999

PACER
114

MANDATE from Circuit Court of Appeals Dism appeal is hereby fld & spread upon the min of this District Crt mld cpys (ap) (seal) (Entered: 05/28/1999)

May 26, 1999

May 26, 1999

PACER
115

STIPULATION to extend time to file jnt stat rpt to 7/23/99 as ptys, which set forth the resons why the ptys could not agree on the terms of a propsd P/I, ptys view on the iss in the case that still need to be decided & ptys proposals on the procedures for resolving their outstanding differences in this case (see ord for further details) (ap) (seal) (Entered: 06/30/1999)

June 25, 1999

June 25, 1999

PACER
116

COMPLIANCE DECLARATION of James F Ahern by dft Seal A (ap) (seal) (Entered: 07/28/1999)

July 23, 1999

July 23, 1999

PACER

Case Details

State / Territory: California

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Olmstead Cases

Key Dates

Filing Date: May 27, 1998

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Medi-Cal-eligible Californians under the age 21 who were placed in locked facilities and denied certain mental health benefits.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU of Southern California

NDRN/Protection & Advocacy Organizations

Bazelon Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Kerlan Jobe Orthopaedic Clinic (Los Angeles, Los Angeles), Private Entity/Person

Los Angeles County Department of Mental Health (Los Angeles, Los Angeles), County

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

Case Details

Causes of Action:

42 U.S.C. § 1983

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:

Settlement

Litigation

Form of Settlement:

Confession of Judgment

Order Duration: 2004 - 2007

Content of Injunction:

Preliminary relief granted

Issues

Benefit Source:

Medicaid