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 attrorneys, 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

4:00-cv-02532

Docket

Feb. 3, 2009

Feb. 3, 2009

Docket

4:00-cv-02532

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

Dec. 12, 2003

Dec. 12, 2003

Settlement Agreement
211

4:00-cv-02532

ORDER GRANTING JOINT MOTION FOR PRELIMINARY APROVAL OF CLASS SETTLEMENT AGREEMENTS

Dec. 17, 2003

Dec. 17, 2003

Order/Opinion

4:00-cv-02532

NOTICE OF PROPOSED FINAL CLASS ACTION SETTLEMENT AND DISMISSAL AND HEARING

Jan. 6, 2004

Jan. 6, 2004

Notice Letter

4:00-cv-02532

Settlement Agreement (With State Defendants)

Feb. 2, 2004

Feb. 2, 2004

Settlement Agreement

4:00-cv-02532

Memorandum (Summary of Settlement)

Nov. 22, 2004

Nov. 22, 2004

Internal memorandum

Docket

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

Last updated Jan. 18, 2023, 3:23 a.m.

ECF Number Description Date Link 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

July 13, 2000

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Nov. 1, 2000

33

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

Nov. 3, 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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

April 13, 2001

49

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

May 1, 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

May 17, 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

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

May 23, 2001

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

May 23, 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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Oct. 24, 2001

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

Oct. 24, 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

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

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

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

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

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

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

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

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

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

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

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

Nov. 20, 2001

88

REPLY by defendant SF City and County to opposition to motion with Notice set for 12/11/01 at 1:00 [4:00−cv−02532] [68−2] [4:00−cv−02532] (kk, COURT STAFF) (Entered: 11/21/2001)

Nov. 20, 2001

Nov. 20, 2001

Case Details

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)

Available 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