Case: Davis v. California HHS

4:00-cv-02532 | U.S. District Court for the Northern District of California

Filed Date: July 13, 2000

Closed Date: 2007

Clearinghouse coding complete

Case Summary

On July 13, 2000 plaintiffs, a group of nursing care patients at the Laguna Honda Hospital and Rehabilitation Center in San Francisco, filed suit against San Francisco City and County, the California Health and Human Services Agency, the California Department of Social Services, the California Department of Mental Health, the California Department of Health Services, the California Department of Developmental Services, and the California Department of Aging in the United States District Court f…

On July 13, 2000 plaintiffs, a group of nursing care patients at the Laguna Honda Hospital and Rehabilitation Center in San Francisco, filed suit against San Francisco City and County, the California Health and Human Services Agency, the California Department of Social Services, the California Department of Mental Health, the California Department of Health Services, the California Department of Developmental Services, and the California Department of Aging in the United States District Court for the Northern District of California. They alleged that the defendants had violated the Anti-Discrimination Act and the Nursing Care Reform Act. Specifically they alleged that the defendants had failed to provide information about, assess for, and provide community alternatives to individuals institutionalized at the hospital. They sought declaratory and injunctive relief and were represented by the AARP Foundation Litigation, Disability Rights California of Oakland, Disability Rights Education & Defense Fund, National Senior Citizens Law Center, Bazelon Center for Mental Health Law, and private counsel.

The case proceeded through extended discovery with a concurrent Justice Department investigation. On June 12, 2002 the district court (Judge Saundra Brown Armstrong) certified a class of all adult Medi-Cal beneficiaries who were or would be residents of the hospital, were or would be on the waiting lists for the hospital, were or would be within two years of discharge from the hospital, or were or would be become patients at hospitals owned or controlled by San Francisco and were eligible for discharge to the hospital.

On December 17, 2003 the court (Judge Armstrong) granted preliminary approval to settlements between the plaintiffs and both the City and County of San Francisco and the various state agencies. The settlement with San Francisco provided for a new Targeted Case Management Program that provided for nurses and social workers independent of the hospital to assess patients and engage in discharge planning with them. It also provided for a new community advisory community, training for residents of the hospital to inform them about community care options, a community resource center for patients, and peer mentors to assist residents in planning for discharge. The settlement with the state agencies changed the way the California Department of Mental Health conducts Pre-Admission Screening and Resident Review. They now take into consideration the patients' goals and preferences and the possibility of community-based services rather than institutionalization. On March 16, 2004 the court (Judge Armstrong) granted final approval to the settlement agreements and on March 30, 2004 the case was dismissed. The court thereafter retained jurisdiction to ensure compliance by the defendants.

The agreement ended in 2007, and the case is now closed.

Summary Authors

Michael Perry (1/10/2011)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5850925/parties/davis-v-california-hhs/


Judge(s)

Armstrong, Saundra Brown (California)

Brazil, Wayne D. (California)

Chen, Edward Milton (California)

Jensen, Delwen Lowell (California)

Wilken, Claudia Ann (California)

Attorneys(s) for Plaintiff

Basile, Katherine M. (California)

Buccino, Lisa S. (California)

Burnim, Ira Abraham (District of Columbia)

Cummings, Larisa M. (California)

Gelber, Eric R. (California)

Judge(s)

Armstrong, Saundra Brown (California)

Brazil, Wayne D. (California)

Chen, Edward Milton (California)

Jensen, Delwen Lowell (California)

Wilken, Claudia Ann (California)

Attorneys(s) for Plaintiff

Basile, Katherine M. (California)

Buccino, Lisa S. (California)

Burnim, Ira Abraham (District of Columbia)

Cummings, Larisa M. (California)

Gelber, Eric R. (California)

Gershon, Elissa Staci (California)

Giliberti, Mary (District of Columbia)

Kelly, Christopher L. (California)

Mathis, Jennifer (District of Columbia)

Mayerson, Arlene Brynne (California)

Rhodes, Glenn Walthall (California)

Semmel, Herbert (California)

Siemon, Dorothy (District of Columbia)

Sinclair, Andrew Thomas (California)

Stortz, Michael James (California)

Swain, Kimberly C. (California)

Valentine, James F. (California)

Vignery, Bruce (District of Columbia)

Zirker, Elizabeth Anna (California)

Attorneys(s) for Defendant

Emery, James Moxon (California)

Gutierrez, Margarita (California)

Hespenheide, Amy L. (California)

Lockyer, Bill (California)

Loebs, Blake Philip (California)

Meyers, Beverly R. (California)

Press, Douglas (California)

Salisbury, Tracy L. (California)

Shartsis, Arthur J. (California)

Documents in the Clearinghouse

Document

Docket

Feb. 3, 2009 Docket

SETTLEMENT AGREEMENT BETWEEN PLAINTIFFS AND DEFENDANT CITY AND COUNTY OF SAN FRANCISCO

Dec. 12, 2003 Settlement Agreement
211

ORDER GRANTING JOINT MOTION FOR PRELIMINARY APROVAL OF CLASS SETTLEMENT AGREEMENTS

Dec. 17, 2003 Order/Opinion

NOTICE OF PROPOSED FINAL CLASS ACTION SETTLEMENT AND DISMISSAL AND HEARING

Jan. 6, 2004 Notice Letter

Settlement Agreement (With State Defendants)

Feb. 2, 2004 Settlement Agreement

Memorandum (Summary of Settlement)

Nov. 22, 2004 Internal memorandum

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5850925/davis-v-california-hhs/

Last updated May 20, 2022, 2:14 a.m.

ECF Number Description Date Link
1

COMPLAINT Summons(es) issued; Fee status pd entered on 7/13/00 in the amount of $ 150.00 ( Receipt No. 4401983) [4:00−cv−02532] (rl, COURT STAFF) (Entered: 07/13/2000)

July 13, 2000
241

STIPULATION AND ORDER, San Francisco City and County terminated.. Signed by Judge ARMSTRONG on 1/30/09. (lrc, COURT STAFF) (Filed on 2/3/2009)

Feb. 3, 2009 RECAP
3

MOTION before Judge Saundra B. Armstrong by Plaintiff for appointment of Jackie Del Rosario as guardian ad litem for Leeann Bishop. [4:00−cv−02532] (rl, COURT STAFF) (Entered: 07/13/2000)

July 13, 2000
4

MOTION, before Judge Saundra B. Armstrong by Plaintiff Hong T., Plaintiff M. W. to proceed under ficticious names. [4:00−cv−02532] (rl, COURT STAFF) (Entered: 07/13/2000)

July 13, 2000
4

MEMORANDUM of points and authorities by Plaintiff Hong T., Plaintiff M. W. in support of motion to proceed under ficticious names. [4−1] [4:00−cv−02532] (rl, COURT STAFF) (Entered: 07/13/2000)

July 13, 2000
5

MOTION, before Judge Saundra B. Armstrong, by Plaintiffs for attorneys Ira A. Burnim, Mary T. Giliberti and Jennifer Mathis to appear pro hac vice . Fee status $180.00 paid. [4:00−cv−02532] (rl, COURT STAFF) (Entered: 07/14/2000)

July 14, 2000

RECEIVED Proposed Order ( Plaintiffs ) re: GRANTING motion for attorneys Ira A. Burnim, Mary T. Giliberti and Jennifer Mathis to appear pro hac vice . Fee status $180.00 paid. [5−1] [4:00−cv−02532] (rl, COURT STAFF) (Entered: 07/14/2000)

July 14, 2000
6

CLERK'S NOTICE Telephonic Case Management Conference is re−set for 2:30 p.m. on 11/16/00. [4:00−cv−02532] (rl, COURT STAFF) (Entered: 07/20/2000)

July 19, 2000
7

ORDER by Judge Saundra B. Armstrong granting motion for attorneys Ira A. Burnim, Mary T. Giliberti and Jennifer Mathis to appear pro hac vice . Fee status $180.00 paid. [5−1] ( Date Entered: 7/21/00) (cc: all counsel) [4:00−cv−02532] (cp, COURT STAFF) (Entered: 07/21/2000)

July 19, 2000
8

NOTICE by Plaintiff of related case(s) C00−1593 CW [4:00−cv−02532] (rl, COURT STAFF) (Entered: 07/27/2000)

July 26, 2000
9

OPPOSITION by State defendants to related case notice [8−1] [4:00−cv−02532] (lal, COURT STAFF) (Entered: 08/07/2000)

Aug. 4, 2000
10

MEMORANDUM by defendant SF City and County in opposition to related case notice [8−1] [4:00−cv−02532] (kk, COURT STAFF) (Entered: 08/08/2000)

Aug. 7, 2000
11

RETURN OF SERVICE executed upon defendant California HHS, defendant Grantland Johnson, defendant Department of Health, defendant Diana Bonta, defendant California Dept. of, defendant Rita Saenz, defendant California Dept. of, defendant Stephen Mayberg, defendant California Dept., defendant Lynda Terry, defendant California Dept., defendant Clifford Allenby on 7/27/00 [4:00−cv−02532] (kk, COURT STAFF) (Entered: 08/08/2000)

Aug. 8, 2000
12

PROOF OF SERVICE by Plaintiff Charles Davis, Plaintiff Jackie Del Rosario, Plaintiff Leeann Bishop, Plaintiff Jessie Fitchett, Plaintiff Harry Prieto, Plaintiff Lorraine Robles, Plaintiff Henry Rojas, Plaintiff Gerald Scott, Plaintiff Hong T., Plaintiff M. W., Plaintiff Kay Yamamoto, Plaintiff Independent Living of related case notice [8−1] [4:00−cv−02532] (kk, COURT STAFF) (Entered: 08/08/2000)

Aug. 8, 2000
13

WAIVER OF SERVICE by defendant SF City and County served on 8/4/00 in response to the Request for Waiver sent on 7/26/00 [4:00−cv−02532] (kk, COURT STAFF) (Entered: 08/08/2000)

Aug. 8, 2000
14

ORDER by Judge D. L. Jensen for Judge Claudia Wilken denying related case notice [8−1] C00−1593CW and C00−2532SBA are deemed unrelated ( Date Entered: 8/10/00) (cc: all counsel) [4:00−cv−02532] (kk, COURT STAFF) (Entered: 08/10/2000)

Aug. 9, 2000
15

ORDER, by Judge Saundra B. Armstrong, for appointment of Leeann Bishop as guardian ad litem for Jackie Del Rosario. ( Date Entered: August 22, 2000) (cc: all counsel) [4:00−cv−02532] (rl, COURT STAFF) (Entered: 08/22/2000)

Aug. 21, 2000
17

ANSWER by defendant California HHS, defendant Grantland Johnson, defendant Department of Health, defendant Diana Bonta, defendant California Dept. of, defendant Stephen Mayberg, defendant California Dept., defendant Lynda Terry, defendant California Dept., defendant Clifford Allenby to complaint [1−1] Jury Demand [4:00−cv−02532] (rl, COURT STAFF) (Entered: 09/18/2000)

Sept. 15, 2000
18

NOTICE OF MOTION AND MOTION WITH MEMORANDUM OF POINTS AND AUTHORITIES, before Judge Saundra B. Armstrong, by state defendants to dismiss with notice set for 11/7/00 at 11:30 a.m. [4:00−cv−02532] (rl, COURT STAFF) (Entered: 09/18/2000)

Sept. 15, 2000
19

REQUEST FOR JUDICIAL NOTICE by defendants to motion to dismiss [18−1] [4:00−cv−02532] (rl, COURT STAFF) (Entered: 09/18/2000)

Sept. 15, 2000

RECEIVED Proposed Order ( defendant) re: GRANTING motion to dismiss [18−1] [4:00−cv−02532] (rl, COURT STAFF) (Entered: 09/18/2000)

Sept. 15, 2000
20

PROOF OF SERVICE by defendant of order received [0−0], request [19−1], motion to dismiss [18−1], answer [17−1] [4:00−cv−02532] (rl, COURT STAFF) (Entered: 09/18/2000)

Sept. 15, 2000
21

STIPULATION to extend time for the City and County of San Francisco to file a response to plaintiffs' complaint [4:00−cv−02532] (rl, COURT STAFF) (Entered: 09/20/2000)

Sept. 19, 2000
22

IN FORMA PAUPERIS AFFIDAVIT by Plaintiffs for leave to proceed in forma pauperis [4:00−cv−02532] (rl, COURT STAFF) (Entered: 09/26/2000)

Sept. 22, 2000
23

NOTICE of hearing by state defendants setting motion to dismiss [18−1] for 11:30 a.m. on 11/7/00. [4:00−cv−02532] (rl, COURT STAFF) (Entered: 09/26/2000)

Sept. 25, 2000
24

NOTICE OF MOTION AND MOTION, before Judge Saundra B. Armstrong, by defendant SF City and County to dismiss case with notice set for 12/12/00 at 11:30 a.m. [4:00−cv−02532] (rl, COURT STAFF) (Entered: 10/10/2000)

Oct. 6, 2000
25

MEMORANDUM of points and authorities, by defendant SF City and County in support of motion to dismiss case [24−1] [4:00−cv−02532] (rl, COURT STAFF) (Entered: 10/10/2000)

Oct. 6, 2000

RECEIVED Proposed Order ( defendant SF City and County ) re: GRANTING motion to dismiss case [24−1] [4:00−cv−02532] (rl, COURT STAFF) (Entered: 10/10/2000)

Oct. 6, 2000
26

NOTICE of need for ADR Phone Conference (L.R. 3−5) filed by defendant SF City and County . [4:00−cv−02532] (rl, COURT STAFF) (Entered: 10/12/2000)

Oct. 11, 2000
27

Corrected memorandum of points and authorities in support of motion to dismiss, by defendant SF City and County [25−1] [4:00−cv−02532] (rl, COURT STAFF) (Entered: 10/13/2000)

Oct. 12, 2000
28

Corrections by defendant SF City and County to memorandum of points and authorities in support of motion to dismiss. [25−1] [4:00−cv−02532] (rl, COURT STAFF) (Entered: 10/13/2000)

Oct. 12, 2000
29

ADDENDUM filed by defendant SF City and County to ADR certification [4:00−cv−02532] (kk, COURT STAFF) (Entered: 10/26/2000)

Oct. 26, 2000
30

ORDER, by Judge Saundra B. Armstrong, setting hearing on motion to dismiss [18−1] for 11:30 a.m. on 12/12/00. Case Management Conference to be held at 11:30 a.m. on 12/12/00 following motions hearing. ( Date Entered: October 30, 2000) (cc: all counsel) [4:00−cv−02532] (rl, COURT STAFF) (Entered: 10/30/2000)

Oct. 30, 2000
31

ORDER, by Judge Saundra B. Armstrong, DENYING as MOOT affidavit motion for leave to proceed in forma pauperis by plaintiffs Charles Davis, Jackie Del Rosario, Jessie Fitchett, Harry Prieto, Lorraine Robles, Henry Rojas, Gerald Scott, Kay Yamamoto, Hong T., and M.W. [22−1] ( Date Entered: November 1, 2000) (cc: all counsel) [4:00−cv−02532] (rl, COURT STAFF) (Entered: 11/01/2000)

Oct. 31, 2000
32

OPPOSITION by defendant SF City and County to ex parte motion to exceed page limit in opposition to motion to dismiss. [4:00−cv−02532] (rl, COURT STAFF) (Entered: 11/01/2000)

Nov. 1, 2000

RECEIVED Proposed Order DENYING plaintiff's motion to increase page limit for opposition to SF's motion to dismiss ( defendant SF City and County ) [4:00−cv−02532] (rl, COURT STAFF) (Entered: 11/01/2000)

Nov. 1, 2000
35

EX−PARTE APPLICATION, before Judge Saundra B. Armstrong, by Plaintiffs to exceed page limitation for brief in opposition to motion to dismiss. [4:00−cv−02532] (rl, COURT STAFF) (Entered: 11/09/2000)

Nov. 1, 2000
33

STIPULATION regarding discovery stay. [4:00−cv−02532] (rl, COURT STAFF) (Entered: 11/06/2000)

Nov. 3, 2000
34

STIPULATION of plaintiffs and defendants California Department of Developmental Services and Director Allenby regarding state defendants' motion to dismiss and amendment of complaint. [4:00−cv−02532] (rl, COURT STAFF) (Entered: 11/06/2000)

Nov. 3, 2000
36

ORDER, by Judge Saundra B. Armstrong, GRANTING IN PART motion to exceed page limitation for brief in opposition to motion to dismiss. [35−1] ( Date Entered: November 9, 2000) (cc: all counsel) [4:00−cv−02532] (rl, COURT STAFF) (Entered: 11/09/2000)

Nov. 9, 2000
37

OPPOSITION by Plaintiffs to motion to dismiss case [24−1] [4:00−cv−02532] (rl, COURT STAFF) (Entered: 11/28/2000)

Nov. 21, 2000

RECEIVED United States' motion for and Proposed Order for leave to file an amicus brief ( ) [4:00−cv−02532] (rl, COURT STAFF) (Entered: 11/28/2000)

Nov. 21, 2000
38

OPPOSITION to motion to dismiss case [24−1] by USA as Amicus Curiae [4:00−cv−02532] (rl, COURT STAFF) (Entered: 11/28/2000)

Nov. 21, 2000
39

JOINT CASE MANAGEMENT STATEMENT and PROPOSED ORDER filed. [4:00−cv−02532] (rl, COURT STAFF) (Entered: 12/04/2000)

Dec. 1, 2000
40

REPLY by defendant SF City and County to opposition to motion to dismiss case [24−1] [4:00−cv−02532] (rl, COURT STAFF) (Entered: 12/04/2000)

Dec. 1, 2000
41

NOTICE OF DISMISSAL (FRCP 41(a)(1)(i)), as to defendant Clifford Allenby, defendant California Dept. [4:00−cv−02532] (rl, COURT STAFF) (Entered: 12/11/2000)

Dec. 7, 2000

Docket Modification (Administrative) to terminating [18−1] motion to dismiss [4:00−cv−02532] (rl, COURT STAFF) (Entered: 07/13/2001)

Dec. 7, 2000
42

MINUTES: ( C/R Not Reported) ( Hearing Date: 12/12/00) CMC and motions hearing NOT HELD. [4:00−cv−02532] (rl, COURT STAFF) (Entered: 12/13/2000)

Dec. 12, 2000
43

NOTICE by Plaintiff of change of address of counsel [4:00−cv−02532] (rl, COURT STAFF) (Entered: 03/02/2001)

March 2, 2001
117

LETTER to Judge Armstrong, dated 3/28/02, from Lisa S. Buccino requesting to change attorneys listed on the proof of service [4:00−cv−02532] (kc, COURT STAFF) (Entered: 04/04/2002)

March 29, 2001
44

MOTION, before Judge Saundra B. Armstrong, by Plaintiffs for attorney Dorothy Siemon to appear pro hac vice. Fee status $60.00 paid. [4:00−cv−02532] (rl, COURT STAFF) (Entered: 04/04/2001)

April 3, 2001
45

MOTION, before Judge Saundra B. Armstrong, by Plaintiffs for attorney Bruce Vignery to appear pro hac vice. Fee status $60.00 paid. [4:00−cv−02532] (rl, COURT STAFF) (Entered: 04/04/2001)

April 3, 2001

RECEIVED Proposed Order ( Plaintiff) re: GRANTING motion for attorney Bruce Vignery to appear pro hac vice. Fee status $60.00 paid. [45−1] [4:00−cv−02532] (rl, COURT STAFF) (Entered: 04/04/2001)

April 3, 2001
46

ORDER, by Judge Saundra B. Armstrong, GRANTING motion for attorney Bruce Vignery to appear pro hac vice. Fee status $60.00 paid. [45−1] ( Date Entered: April 9, 2001) (cc: all counsel) [4:00−cv−02532] (rl, COURT STAFF) (Entered: 04/09/2001)

April 6, 2001
47

ORDER, by Judge Saundra B. Armstrong, GRANTING motion for attorney Dorothy Siemon to appear pro hac vice. Fee status $60.00 paid. [44−1] ( Date Entered: April 9, 2001) (cc: all counsel) [4:00−cv−02532] (rl, COURT STAFF) (Entered: 04/09/2001)

April 6, 2001
48

PROOF OF SERVICE of order [47−1], order [46−1] [4:00−cv−02532] (rl, COURT STAFF) (Entered: 04/13/2001)

April 13, 2001
49

NOTICE by Plaintiffs regarding unsubmitted matters. [4:00−cv−02532] (rl, COURT STAFF) (Entered: 05/02/2001)

May 1, 2001
50

Request, before Judge Saundra Brown Armstrong, by Plaintiff Charles Davis, Plaintiff Jackie Del Rosario, Plaintiff Leeann Bishop, Plaintiff Jessie Fitchett, Plaintiff Harry Prieto, Plaintiff Lorraine Robles, Plaintiff Henry Rojas, Plaintiff Gerald Scott, Plaintiff Hong T., Plaintiff M. W., Plaintiff Kay Yamamoto, Plaintiff Independent Living for scheduling of initial case management conference. [4:00−cv−02532] (rl, COURT STAFF) Modified on 11/07/2001 (Entered: 05/18/2001)

May 17, 2001

RECEIVED stipulated protective order submitted by Plaintiff [4:00−cv−02532] (kk, COURT STAFF) (Entered: 05/24/2001)

May 23, 2001
51

MINUTES: ( C/R Not Reported) ( Hearing Date: 5/23/01) Referring the document received (Stipulated Protective Order) [0−0] to a magistrate judge. [4:00−cv−02532] (rl, COURT STAFF) (Entered: 05/30/2001)

May 23, 2001
52

CLERK'S NOTICE Telephonic Case Management Conference is set for 3:15 p.m. on 7/26/01. [4:00−cv−02532] (rl, COURT STAFF) (Entered: 05/30/2001)

May 23, 2001
53

ORDER, by Judge Saundra B. Armstrong. Telphonic Case Management Conference is set for 3:15 p.m. on 7/26/01. ( Date Entered: May 31, 2001) (cc: all counsel) [4:00−cv−02532] (rl, COURT STAFF) (Entered: 05/31/2001)

May 30, 2001
54

PROOF OF SERVICE by Plaintiff Charles Davis, Plaintiff Jackie Del Rosario, Plaintiff Leeann Bishop, Plaintiff Jessie Fitchett, Plaintiff Harry Prieto, Plaintiff Lorraine Robles, Plaintiff Henry Rojas, Plaintiff Gerald Scott, Plaintiff Hong T., Plaintiff M. W., Plaintiff Kay Yamamoto, Plaintiff Independent Living of clerk notice [52−2] [4:00−cv−02532] (rl, COURT STAFF) (Entered: 06/08/2001)

June 7, 2001
55

PROOF OF SERVICE by Plaintiff of clerk notice [52−2] [4:00−cv−02532] (rl, COURT STAFF) (Entered: 06/18/2001)

June 18, 2001
56

JOINT CASE MANAGEMENT STATEMENT and PROPOSED ORDER filed. [4:00−cv−02532] (rl, COURT STAFF) (Entered: 07/16/2001)

July 16, 2001
57

NOTICE by Plaintiff of association of attorney Glenn W. Rhodes, Katherine M Basile, James F. Valentine, Christopher L. Kelley, Lisa S. Buccino [4:00−cv−02532] (rl, COURT STAFF) (Entered: 07/24/2001)

July 20, 2001
58

NOTICE by defendant SF City and County of unavailability of counsel [4:00−cv−02532] (kk, COURT STAFF) (Entered: 07/31/2001)

July 27, 2001
60

REPORTER'S TRANSCRIPT; Date of proceedings: July 26, 2001 ( C/R: Carol A. Karen) minutes [59−2] [4:00−cv−02532] (rl, COURT STAFF) (Entered: 08/13/2001)

Aug. 10, 2001
61

NOTICE of Deaths of Named Defendants by Plaintiff Charles Davis, Plaintiff Jackie Del Rosario, Plaintiff Leeann Bishop, Plaintiff Jessie Fitchett, Plaintiff Harry Prieto, Plaintiff Lorraine Robles, Plaintiff Henry Rojas, Plaintiff Gerald Scott, Plaintiff Hong T., Plaintiff M. W., Plaintiff Kay Yamamoto, Plaintiff Independent Living [4:00−cv−02532] (rl, COURT STAFF) (Entered: 08/17/2001)

Aug. 16, 2001
62

FIRST AMENDED COMPLAINT [1−1] by Plaintiff Charles Davis, Plaintiff Jackie Del Rosario, Plaintiff Leeann Bishop, Plaintiff Jessie Fitchett, Plaintiff Harry Prieto, Plaintiff Lorraine Robles, Plaintiff Gerald Scott, Plaintiff Hong T., Plaintiff M. W., Plaintiff Independent Living [4:00−cv−02532] (rl, COURT STAFF) (Entered: 08/17/2001)

Aug. 16, 2001

Docket Modification (Administrative) to terminating party Kay Yamamoto, party Henry Rojas [4:00−cv−02532] (rl, COURT STAFF) (Entered: 08/17/2001)

Aug. 16, 2001
63

ORDER, by Judge Saundra B. Armstrong, GRANTING IN PART AND DENYING IN PART motion to dismiss case [24−1] ( Date Entered: August 21, 2001) (cc: all counsel) [4:00−cv−02532] (rl, COURT STAFF) (Entered: 08/21/2001)

Aug. 21, 2001
64

PROOF OF SERVICE by Plaintiff of order [63−1] [4:00−cv−02532] (rl, COURT STAFF) (Entered: 08/27/2001)

Aug. 24, 2001

RECEIVED Stipulated Proposed Order concerning disclosure of information for named plaintiffs. ( Plaintiff Charles Davis, Plaintiff Jackie Del Rosario, Plaintiff Leeann Bishop, Plaintiff Jessie Fitchett, Plaintiff Harry Prieto, Plaintiff Lorraine Robles, Plaintiff Gerald Scott, Plaintiff Hong T., Plaintiff M. W., Plaintiff Independent Living ) [4:00−cv−02532] (rl, COURT STAFF) (Entered: 09/06/2001)

Sept. 5, 2001
65

MINUTES: ( C/R Not Reported) ( Hearing Date: 9/6/01) Hearing held re stipulated protective order. Referring case for discovery to a magistrate judge. [4:00−cv−02532] (rl, COURT STAFF) (Entered: 09/07/2001)

Sept. 6, 2001

REFERRAL: referring case for discovery to Mag. Judge Wayne D. Brazil [4:00−cv−02532] (wh, COURT STAFF) (Entered: 09/07/2001)

Sept. 7, 2001
66

STIPULATION and Protective ORDER, by Mag. Judge Wayne D. Brazil, concerning disclosure of information for named plaintiffs. (cc: all counsel) [4:00−cv−02532] (rl, COURT STAFF) (Entered: 09/17/2001)

Sept. 13, 2001
67

NOTICE OF MOTION AND MOTION WITH MEMORANDUM OF POINTS AND AUTHORITIES before Judge Saundra B. Armstrong by defendant California HHS, defendant Grantland Johnson, defendant Department of Health, defendant Diana Bonta, defendant California Dept. of, defendant Rita Saenz, defendant California Dept. of, defendant Stephen Mayberg, defendant California Dept., defendant Lynda Terry to dismiss complaint , and to strike complaint [62−1] with Notice set for 12/11/01 at 1:00pm [4:00−cv−02532] (kk, COURT STAFF) (Entered: 09/26/2001)

Sept. 25, 2001
68

NOTICE OF MOTION AND MOTION before Judge Saundra B. Armstrong by defendant SF City and County to strike portions of first amended complaint and to dismiss seventh claims for relief for breach of contract with Notice set for 12/11/01 at 1:00 [4:00−cv−02532] (kc, COURT STAFF) (Entered: 10/02/2001)

Sept. 27, 2001
69

MEMORANDUM by defendant SF City and County in support of motion to strike portions of first amended complaint [68−1] and motion to dismiss seventh claims [68−2] [4:00−cv−02532] (kc, COURT STAFF) (Entered: 10/02/2001)

Sept. 27, 2001
71

DECLARATION by Blake P. Loebs on behalf of defendant SF City and County re motion to strike portions of first amended complaint and [68−1], re motion to dismiss seventh claims [68−2] [4:00−cv−02532] (kc, COURT STAFF) (Entered: 10/02/2001)

Sept. 27, 2001

RECEIVED Proposed Order (defendant SF City and County ) re: motion to strike portions of first amended complaint and [68−1], re: motion to dismiss seventh claims [68−2] [4:00−cv−02532] (kc, COURT STAFF) (Entered: 10/02/2001)

Sept. 27, 2001
73

CASE MANAGEMENT STATEMENT and PROPOSED ORDER filed. [4:00−cv−02532] (kk, COURT STAFF) (Entered: 10/03/2001)

Oct. 1, 2001
72

LETTER dated 9/24/01 from Kimberly Swain to Director of ADR Program re: ADR selection. [4:00−cv−02532] (cmf, COURT STAFF) (Entered: 10/03/2001)

Oct. 3, 2001
74

CLERK'S NOTICE Case Management Conference set for 1:00pm on 12/11/01 ; [4:00−cv−02532] (kk, COURT STAFF) (Entered: 10/05/2001)

Oct. 3, 2001
75

PROOF OF SERVICE by Plaintiff of clerk notice [74−2] [4:00−cv−02532] (kk, COURT STAFF) (Entered: 10/15/2001)

Oct. 12, 2001
76

STIPULATION of parties regarding assignment of Magistrate Judge for early settlement conference [4:00−cv−02532] (kk, COURT STAFF) (Entered: 10/25/2001)

Oct. 24, 2001

RECEIVED Proposed Order ( ) re: stipulation [76−1] [4:00−cv−02532] (kk, COURT STAFF) (Entered: 10/25/2001)

Oct. 24, 2001
77

ORDER by Judge Saundra B. Armstrong referring case for early settlement () (cc: all counsel) [4:00−cv−02532] (kk, COURT STAFF) (Entered: 10/30/2001)

Oct. 26, 2001

REFERRAL: referring case for settlement to Magistrate Judge Edward M. Chen [4:00−cv−02532] (wh, COURT STAFF) (Entered: 10/30/2001)

Oct. 30, 2001
78

NOTICE OF MOTION AND MOTION before Judge Saundra B. Armstrong by defendant SF City and County to stay Discovery with Notice set for 12/11/01 at 1:00 p.m. [4:00−cv−02532] (jlm, COURT STAFF) (Entered: 11/08/2001)

Nov. 5, 2001
79

MEMORANDUM by defendant SF City and County in support of motion to stay Discovery [78−1] [4:00−cv−02532] (jlm, COURT STAFF) (Entered: 11/08/2001)

Nov. 5, 2001
80

DECLARATION by Margarita Gutierrez on behalf of defendant SF City and County re motion to stay Discovery [78−1] [4:00−cv−02532] (jlm, COURT STAFF) (Entered: 11/08/2001)

Nov. 5, 2001

RECEIVED Proposed Order ( defendant SF City and County ) re: motion to stay Discovery [78−1] [4:00−cv−02532] (jlm, COURT STAFF) (Entered: 11/08/2001)

Nov. 5, 2001
81

MEMORANDUM by Plaintiff in opposition to motion to dismiss complaint [67−1], motion to strike complaint [62−1] [67−2] [4:00−cv−02532] (jlm, COURT STAFF) (Entered: 11/08/2001)

Nov. 5, 2001
82

MEMORANDUM by Plaintiff in opposition to motion to strike portions of first amended complaint and [68−1], motion with Notice set for 12/11/01 at 1:00 [4:00−cv−02532] [68−2] [4:00−cv−02532] (jlm, COURT STAFF) (Entered: 11/08/2001)

Nov. 5, 2001
83

PROOF OF SERVICE by Plaintiffs of order [77−2] [4:00−cv−02532] (jlm, COURT STAFF) (Entered: 11/14/2001)

Nov. 9, 2001
84

JOINDER by defendant California HHS, defendant Grantland Johnson, defendant Department of Health, defendant Diana Bonta, defendant California Dept. of, defendant Rita Saenz, defendant California Dept. of, defendant Stephen Mayberg, defendant California Dept., defendant Lynda Terry re motion to stay Discovery [78−1] [4:00−cv−02532] (kk, COURT STAFF) (Entered: 11/15/2001)

Nov. 13, 2001
86

DECLARATION by Lisa S. Buccino on behalf of Plaintiff Charles Davis, Plaintiff Jackie Del Rosario, Plaintiff Leeann Bishop, Plaintiff Jessie Fitchett, Plaintiff Harry Prieto, Plaintiff Lorraine Robles, Plaintiff Gerald Scott, Plaintiff Hong T., Plaintiff M. W., Plaintiff Independent Living re opposition [85−1] [4:00−cv−02532] (kk, COURT STAFF) (Entered: 11/21/2001)

Nov. 20, 2001
87

PROOF OF SERVICE by Plaintiff Charles Davis, Plaintiff Jackie Del Rosario, Plaintiff Leeann Bishop, Plaintiff Jessie Fitchett, Plaintiff Harry Prieto, Plaintiff Lorraine Robles, Plaintiff Gerald Scott, Plaintiff Hong T., Plaintiff M. W., Plaintiff Independent Living of declaration [86−1], opposition [85−1] [4:00−cv−02532] (kk, COURT STAFF) (Entered: 11/21/2001)

Nov. 20, 2001

State / Territory: California

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Olmstead Cases

Key Dates

Filing Date: July 13, 2000

Closing Date: 2007

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Residents of the Laguna Honda Hospital and Rehabilitation Center

Attorney Organizations:

NDRN/Protection & Advocacy Organizations

Disability Rights Education & Defense Fund (DREDF)

Bazelon Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

San Francisco City and County (San Francisco, San Francisco), City

State of California, State

Case Details

Causes of Action:

42 U.S.C. § 1983

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

Nursing Care Reform Act of 1987/ Omnibus Reconciliation Act

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

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 2004 - 2007

Issues

Benefit Source:

Medicaid

Medicare