Case: Arc of Delaware v. Meconi

1:02-cv-00255 | U.S. District Court for the District of Delaware

Filed Date: April 8, 2002

Closed Date: June 13, 2005

Clearinghouse coding complete

Case Summary

On April 8, 2002 plaintiffs, nine individuals with developmental disabilities, two advocacy organizations, and a housing organization, filed suit against Delaware Department of Health & Social Services and specifically the Division of Developmental Disability Services in the United States District Court for the District of Delaware. They alleged that Delaware had violated the Americans with Disabilities Act, the Medicaid Act, the Due Process Clause of the 14th Amendment, and 42 U.S.C. § 1983. …

On April 8, 2002 plaintiffs, nine individuals with developmental disabilities, two advocacy organizations, and a housing organization, filed suit against Delaware Department of Health & Social Services and specifically the Division of Developmental Disability Services in the United States District Court for the District of Delaware. They alleged that Delaware had violated the Americans with Disabilities Act, the Medicaid Act, the Due Process Clause of the 14th Amendment, and 42 U.S.C. § 1983. They claimed that Delaware lacked an effective "Olmstead Plan" resulting in slow moving waitlists and the unavailability of adequate options for individuals seeking community-based rather than institutional care.

On September 30, 2003 the district court (Judge Kent A. Jordan) denied the defendants' motion to dismiss and the plaintiffs' motions for a temporary restraining order, a preliminary injunction, and class certification without prejudice, because the parties indicated they intended to settle. On August 24, 2004 the court (Judge Jordan) entered an order approving a settlement and dismissing the case. The settlement provided for expanded waiver services, infrastructure improvements, collaboration to improve waitlist management for community care, and additional community care placements. The case was thereafter reopened to consider a dispute regarding attorney's fees but came to a close again on June 13, 2005 when the court (Judge Jordan) ruled in favor of the plaintiffs.

Summary Authors

Michael Perry (1/25/2011)

People


Judge(s)

Jordan, Kent A. (Delaware)

McKelvie, Roderick R. (Delaware)

Thynge, Mary Pat (Delaware)

Attorneys(s) for Plaintiff

Atkins, Daniel Gary (Delaware)

Attorneys(s) for Defendant

Newcomer, John H. Jr. (Delaware)

Placey, Richard G. (Delaware)

Woolfolk, Aleph Ann (Delaware)

Judge(s)

Jordan, Kent A. (Delaware)

McKelvie, Roderick R. (Delaware)

Thynge, Mary Pat (Delaware)

Attorneys(s) for Plaintiff

Atkins, Daniel Gary (Delaware)

Attorneys(s) for Defendant

Newcomer, John H. Jr. (Delaware)

Placey, Richard G. (Delaware)

Woolfolk, Aleph Ann (Delaware)

Documents in the Clearinghouse

Document

Docket

June 13, 2005 Docket
101

Opinion (Concerning attorney's fees)

2005 WL 3657319, 2005 U.S.Dist.LEXIS 39039

June 13, 2005 Order/Opinion

Docket

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

ECF Number Description Date Link
1

COMPLAINT filed; Mag consent notice to Pltf. FILING FEE $ 150.00 RECEIPT # 132194 (mwm) (Entered: 04/08/2002)

April 8, 2002
2

MOTION by The Arc of Delaware, Homes for Life, Delaware People, Kirk Van Alstine, Gwen Van Alstine, Terry Hagan, Kenneth F. Schroeder, Jane Doe, Garry Pryor, Diana Roe, Brenda Simms, Julie Desmond for Judith A. Gran, Barbara E. Ransom to Appear Pro Hac Vice re: [2−1] motion (mwm) (Entered: 04/08/2002)

April 8, 2002

SUMMONS(ES) issued for Dept of Health, Div of Developmental copies to: counsel (bkb) (Entered: 04/08/2002)

April 8, 2002
5

RETURN OF SERVICE executed as to Dept of Health 4/9/02 Answer due on 4/29/02 for Dept of Health (bkb) (Entered: 04/15/2002)

April 9, 2002
3

RETURN OF SERVICE executed 4/8/02 upon Atty. General (bkb) (Entered: 04/15/2002)

April 12, 2002
4

RETURN OF SERVICE executed as to Div of Developmental 4/10/02 Answer due on 4/30/02 for Div of Developmental (bkb) (Entered: 04/15/2002)

April 12, 2002
6

RETURN OF SERVICE executed as to Vincent Meconi 4/8/02 Answer due on 4/29/02 for Vincent Meconi (bkb) (Entered: 04/15/2002)

April 12, 2002
7

RETURN OF SERVICE executed as to Marianne Smith 4/8/02 Answer due on 4/29/02 for Marianne Smith (bkb) (Entered: 04/15/2002)

April 12, 2002
8

MOTION by Vincent Meconi, Marianne Smith, Dept of Health, Develop Disability for Enlargement of Time Answer Brief due 5/13/02 re: [8−1] motion (dab) (Entered: 04/29/2002)

April 29, 2002
9

CASE assigned to Judge Roderick R. McKelvie . Notice to all parties. (rjb) (Entered: 05/01/2002)

May 1, 2002
10

STIPULATION: the defendants shall respond to complaint by 6/13/02. (ntl) (Entered: 05/07/2002)

May 6, 2002

Deadline updated; reset Answer deadline to 6/13/02 for Develop Disability, for Dept of Health, for Marianne Smith, for Vincent Meconi (ntl) (Entered: 05/07/2002)

May 6, 2002
11

Letter from A. Ann Woolfolk, Esq. to Judge McKelvie re dfts' motion for enlargement of time is withdrawn. (ntl) (Entered: 05/07/2002)

May 6, 2002

WITHDRAWAL of [8−1] motion for Enlargement of Time (ntl) (Entered: 05/07/2002)

May 6, 2002
12

NOTICE of attorney appearance for Vincent Meconi, Marianne Smith, Dept of Health, Develop Disability, filed by John H Newcomer Jr. (rwc) (Entered: 06/12/2002)

June 11, 2002
13

CASE reassigned to Vacant Judgeship . Notice to all parties. (rjb) (Entered: 06/14/2002)

June 14, 2002

CASE REFERRED to Judge Mary P. Thynge (rjb) (Entered: 06/14/2002)

June 14, 2002
14

MOTION by Arc of Delaware, Homes for Life, Delaware People, Kirk Van Alstine, Gwen Van Alstine, Terry Hagan, Kenneth F. Schroeder, Jane Doe, Garry Pryor, Diana Roe, Brenda Simms, Julie Desmond for Temporary Restraining Order , and for Preliminary Injunction Answer Brief due 7/8/02 re: [14−1] motion, Answer Brief due 7/8/02 re: [14−2] motion (ntl) (Entered: 06/24/2002)

June 24, 2002
15

Opening Brief Filed by Arc of Delaware, Homes for Life, Delaware People, Kirk Van Alstine, Gwen Van Alstine, Terry Hagan, Kenneth F. Schroeder, Jane Doe, Garry Pryor, Diana Roe, Brenda Simms, Julie Desmond [14−1] motion for Temporary Restraining Order, [14−2] motion for Preliminary Injunction (ntl) (Entered: 06/24/2002)

June 24, 2002
16

Appendix to Brief Filed by Arc of Delaware, Homes for Life, Delaware People, Kirk Van Alstine, Gwen Van Alstine, Terry Hagan, Kenneth F. Schroeder, Jane Doe, Garry Pryor, Diana Roe, Brenda Simms, Julie Desmond Appending [15−1]

June 24, 2002

So Ordered granting [17−1] motion for David J. MacMain, Michael D. Epstein and Patrick T. Ryan to Appear Pro Hac Vice ( signed by Judge Mary P. Thynge ) Notice to all parties. (ntl) (Entered: 07/01/2002)

June 28, 2002
18

MOTION with OPENING BRIEF in support by Vincent Meconi, Marianne Smith, Dept of Health, Develop Disability to Dismiss (ntl) (Entered: 07/11/2002)

July 10, 2002
19

Appendix to Brief Filed by Vincent Meconi, Marianne Smith, Dept of Health, Develop Disability Appending D.I. 18. (ntl) (Entered: 07/11/2002)

July 10, 2002
20

Answer Brief Filed by Vincent Meconi, Marianne Smith, Dept of Health, Develop Disability [14−1] motion for Temporary Restraining Order − Reply Brief due 7/31/02, [14−2] motion for Preliminary Injunction − Reply Brief due 7/31/02 (maw) (Entered: 07/26/2002)

July 24, 2002
21

Appendix to Brief Filed by Vincent Meconi, Marianne Smith, Dept of Health, Develop Disability Appending [20−1] answer brief (maw) (Entered: 07/26/2002)

July 24, 2002
22

ORDER, set Status Report deadline to 8/20/02 ( signed by Judge Mary P. Thynge ) copies to: cnsl. (ntl) (Entered: 07/31/2002)

July 31, 2002
23

Letter dated 8/7/02 from Patrick Ryan, Esq. to clerk re corrected tab 4 to D.I. 21. (ntl) (Entered: 08/09/2002)

Aug. 8, 2002
24

Answer Brief Filed by Arc of Delaware, Homes for Life, Delaware People, Kirk Van Alstine, Gwen Van Alstine, Terry Hagan, Kenneth F. Schroeder, Jane Doe, Garry Pryor, Diana Roe, Brenda Simms, Julie Desmond [18−1] motion to Dismiss (ntl) (Entered: 08/13/2002)

Aug. 12, 2002
25

Appendix to Brief Filed by Arc of Delaware, Homes for Life, Delaware People, Kirk Van Alstine, Gwen Van Alstine, Terry Hagan, Kenneth F. Schroeder, Jane Doe, Garry Pryor, Diana Roe, Brenda Simms, Julie Desmond Appending [24−1] answer brief (ntl) (Entered: 08/13/2002)

Aug. 12, 2002
26

JOINT STATUS REPORT by Arc of Delaware, Homes for Life, Delaware People, Kirk Van Alstine, Gwen Van Alstine, Terry Hagan, Kenneth F. Schroeder, Jane Doe, Garry Pryor, Diana Roe, Brenda Simms, Julie Desmond, Vincent Meconi, Marianne Smith, Dept of Health, Develop Disability (ntl) (Entered: 08/21/2002)

Aug. 20, 2002
27

Letter from Patrick Ryan, Esq. to Judge Thynge re D.I. 26. (ntl) (Entered: 08/21/2002)

Aug. 20, 2002
28

Letter dated 8/23/02 from Barbara Ransom to Judge Thynge re ptfs will not file reply brief in support of its motion for TRO or preliminary injunction; request for oral argument. (ntl) (Entered: 09/06/2002)

Aug. 26, 2002
29

Letter dated 8/23/02 from Barbara Ransom to Judge Thynge re supplemental precedential opinions on the jurisdictional issues briefed by the parties on the dfts' motion to dismiss. (ntl) (Entered: 09/06/2002)

Aug. 26, 2002
30

Reply Brief Filed by Vincent Meconi, Marianne Smith, Dept of Health, Develop Disability [18−1] motion to Dismiss (ntl) (Entered: 09/09/2002)

Sept. 6, 2002
31

Appendix to Brief Filed by Vincent Meconi, Marianne Smith, Dept of Health, Develop Disability Appending [30−1] reply brief (ntl) (Entered: 09/09/2002)

Sept. 6, 2002
32

ORDER, Motion Hearing set for 11:00 9/19/02 for [14−1] motion for Temporary Restraining Order, set for 11:00 9/19/02 for [14−2] motion for Preliminary Injunction ( signed by Judge Mary P. Thynge ) copies to: cnsl. (ntl) (Entered: 09/12/2002)

Sept. 12, 2002
33

ORDER, Motion Hearing reset for 2:00 10/2/02 for [14−1] motion for Temporary Restraining Order, reset for 2:00 10/2/02 for [14−2] motion for Preliminary Injunction ( signed by Judge Mary P. Thynge ) copies to: cnsl. (ntl) (Entered: 09/19/2002)

Sept. 19, 2002
34

Notice of Additional Evidence Filed by Arc of Delaware, Homes for Life, Delaware People, Kirk Van Alstine, Gwen Van Alstine, Terry Hagan, Kenneth F. Schroeder, Jane Doe, Garry Pryor, Diana Roe, Brenda Simms, Julie Desmond Appending [15−1] opening brief in support of motion for preliminary injunction (ntl) (Entered: 09/26/2002)

Sept. 25, 2002

Motion hearing held re: [14−1] motion for Temporary Restraining Order, [14−2] motion for Preliminary Injunction; rprtr. K. Maurer (ntl) (Entered: 10/02/2002)

Oct. 2, 2002
35

Supplemental Declaration of Valerie J. Smith in response to ptf's motion for preliminary injunction. (ntl) (Entered: 10/02/2002)

Oct. 2, 2002
36

Letter from Patrick Ryan, Esq. to Judge Thynge re D.I. 35. (ntl) (Entered: 10/02/2002)

Oct. 2, 2002
37

Steno Notes for 10/2/02; rprtr. K. Maurer (ntl) (Entered: 10/03/2002)

Oct. 3, 2002
38

ORDER, set Telephone Status/Scheduling Conference for 9:30 10/21/02 ( signed by Judge Mary P. Thynge ) copies to: cnsl. (ntl) (Entered: 10/07/2002)

Oct. 7, 2002
39

Letter from Daniel Atkins, Esq. to Judge Thynge re teleconference scheduled for 10/21/02 at 9:30. (ntl) (Entered: 10/15/2002)

Oct. 10, 2002

Tele−conference held (J. Thynge); rprtr. B. Gaffigan (ntl) (Entered: 10/21/2002)

Oct. 21, 2002
40

Steno Notes for 10/21/02; rprtr. B. Gaffigan (ntl) (Entered: 10/21/2002)

Oct. 21, 2002
41

FINAL PRETRIAL and TRIAL MANAGEMENT ORDER ( signed by Judge Mary P. Thynge ) copies to: cnsl. (ntl) (Entered: 10/22/2002)

Oct. 22, 2002
42

SCHEDULING ORDER: discovery cutoff to be completed 60 days after rebuttal expert disclosures; case dispositive motions due within 21 days after the close of discovery; ptfs' motion and opening brief on class certification due 11/6/02, dfts' answering brief due 1/29/03, ptfs' reply brief due 3/3/03; the dates for the pretrial conference and trial will be discussed during the next scheduling conference; ( signed by Judge Mary P. Thynge ) copies to: cnsl. (ntl) (Entered: 10/22/2002)

Oct. 22, 2002
43

TRANSCRIPT filed [0−0] telephone conference for dates of 10/21/02 (ntl) (Entered: 11/01/2002)

Nov. 1, 2002
44

MOTION by Arc of Delaware, Homes for Life, Delaware People, Kirk Van Alstine, Gwen Van Alstine, Terry Hagan, Kenneth F. Schroeder, Jane Doe, Garry Pryor, Diana Roe, Brenda Simms, Julie Desmond with Proposed Order For Class Certification Answer Brief due 11/15/02 re: [44−1] motion (ntl) (Entered: 11/04/2002)

Nov. 1, 2002
45

Opening Brief Filed by Arc of Delaware, Homes for Life, Delaware People, Kirk Van Alstine, Gwen Van Alstine, Terry Hagan, Kenneth F. Schroeder, Jane Doe, Garry Pryor, Diana Roe, Brenda Simms, Julie Desmond [44−1] motion For Class Certification (ntl) (Entered: 11/04/2002)

Nov. 1, 2002
46

Appendix to Brief (unreported decisions) Filed by Arc of Delaware, Homes for Life, Delaware People, Kirk Van Alstine, Gwen Van Alstine, Terry Hagan, Kenneth F. Schroeder, Jane Doe, Garry Pryor, Diana Roe, Brenda Simms, Julie Desmond Appending [45−1] opening brief (ntl) (Entered: 11/04/2002)

Nov. 1, 2002
47

TRANSCRIPT filed [0−0] motion hearing for dates of 10/2/02 (ntl) (Entered: 11/04/2002)

Nov. 4, 2002
48

Letter from Daniel Atkins, Esq. to Judge Thynge re page limitation. (ntl) (Entered: 11/12/2002)

Nov. 8, 2002
49

ORDER: the form and length of the class certification briefs shall be in conformity with the local rules; ( signed by Judge Mary P. Thynge ) copies to: cnsl. (ntl) (Entered: 11/13/2002)

Nov. 12, 2002
50

CERTIFICATE OF SERVICE by Vincent Meconi, Marianne Smith, Dept of Health, Develop Disability, Re: Deft's 1st set of Req. for Admissions and Interrogatories, were served. (rwc) (Entered: 01/02/2003)

Dec. 30, 2002
51

CASE reassigned to Judge Kent A. Jordan (CASE NO LONGER REFERRED TO Magistrate Judge Mary P. Thynge ) Notice to all parties. (ntl) (Entered: 01/06/2003)

Jan. 6, 2003
52

STIPULATION with proposed order extending time to 2/12/03 for Deft's to file response to Pltf's Motion [DI#44] for Class Certification. (rwc) (Entered: 02/03/2003)

Jan. 31, 2003

So Ordered granting [52−1] stipulation reset Answer Brief Deadline to 2/12/03 re: [44−1] motion For Class Certification ( signed by Judge Kent A. Jordan ) Notice to all parties. (rwc) (Entered: 02/04/2003)

Feb. 3, 2003
53

Answer Brief Filed by Vincent Meconi, Marianne Smith, Dept of Health, Develop Disability, in opposition to [44−1] motion For Class Certification − Reply Brief due 2/19/03 (rwc) (Entered: 02/13/2003)

Feb. 12, 2003
54

Appendix of Materials and Unreported Decisions Cited in [DI# 53] Answering Brief. Filed by Vincent Meconi, Marianne Smith, Dept of Health, Develop Disability Appending [53−1] answer brief (rwc) (Entered: 02/13/2003)

Feb. 12, 2003
55

STIPULATION with proposed order for Revision of 10/21/02 Scheduling Order Re: Motion [DI#44] for Class Certification: (1) Pltf's shall file Reply Brief by 4/3/03; (2) Deft's shall respond to Pltf's Req. for Prod. by 3/21/03; and (3) Deft's will have 10−days from receipt of Reply Brief to file Surreply. (rwc) (Entered: 03/03/2003)

Feb. 28, 2003

So Ordered granting [55−1] stipulation reset Reply Brief Deadline to 4/3/03 re: [44−1] motion For Class Certification ( signed by Judge Kent A. Jordan ) Notice to all parties. (rwc) (Entered: 03/04/2003)

March 3, 2003
56

CERTIFICATE OF SERVICE by Vincent Meconi, Marianne Smith, Dept of Health, Develop Disability re objections and responses to ptfs' 1st set of requests for prod. of docs. (ntl) (Entered: 03/24/2003)

March 21, 2003
57

STIPULATION with proposed order Regarding Confidentiality. (rwc) (Entered: 04/04/2003)

April 3, 2003

So Ordered granting [57−1] Stipulated Protective Order ( signed by Judge Kent A. Jordan ) Notice to all parties. (rwc) (Entered: 04/04/2003)

April 4, 2003
58

STIPULATION with proposed order for a Revision to the 10/21/02 Scheduling Order Regarding Plaintiff's Motion for Class Certification: (1) Deft will complete document production by 4/17/03; (2) Pltf shall file Reply Brief by 5/2/03 Re: Motion [44−1] for Class Certification; Defts shall file Surreply by 5/14/03. (rwc) (Entered: 04/04/2003)

April 4, 2003

So Ordered granting [58−1] stipulation ( signed by Judge Kent A. Jordan ) Notice to all parties. (rwc) (Entered: 04/08/2003)

April 7, 2003
59

Letter dated 4/15/03 from Barbara Ransom, Esq. to Judge Jordan encl. copy of Bruggeman v. Blagojevich decision from the Seventh Circuit. (ntl) (Entered: 04/24/2003)

April 21, 2003
60

Letter dated 4/25/03 to Judge Jordan by Patrick T. Ryan, Esq., enclosing two recent decisions supplementing Deft's Motion to Dismiss. (rwc) (Entered: 04/30/2003)

April 30, 2003
61

Notice of Deficiency from the court to defendant Vincent Meconi, defendant Marianne Smith, defendant Dept of Health, defendant Develop Disability, Re: Letter DI#60 not signed by local counsel or copy provided to Clerk of Court. (rwc) (Entered: 04/30/2003)

April 30, 2003
63

STIPULATION with proposed order extending time to 5/12/03 for Pltf's to file Reply Brief; and to 5/29/03 for Deft's to file any Surreply, Re: Motion [44−1] for Class Certification. (rwc) (Entered: 05/12/2003)

May 9, 2003
64

Reply Brief Filed by Arc of Delaware, et al., in support of [44−1] motion For Class Certification (rwc) (Entered: 05/12/2003)

May 12, 2003
65

Appendix to Brief Filed by Arc of Delaware; Appending [64−1] reply brief (rwc) (Entered: 05/12/2003)

May 12, 2003

So Ordered granting [63−1] stipulation ( signed by Judge Kent A. Jordan ) Notice to all parties. (rwc) (Entered: 05/13/2003)

May 13, 2003
66

SUR−REPLY BRIEF filed by Vincent Meconi, Marianne Smith in further opposition to [44−1] Motion For Class Certification (rwc) (Entered: 05/29/2003)

May 29, 2003
67

Appendix of Unreported Decisions Filed by Vincent Meconi, Marianne Smith Appending [66−1] Sur−Reply Brief (rwc) (Entered: 05/29/2003)

May 29, 2003
68

STIPULATION Regarding Compromise Negotiations with proposed order filed by the parties. (rwc) (Entered: 07/09/2003)

July 8, 2003

So Ordered granting [68−1] stipulation ( signed by Judge Kent A. Jordan ) Notice to all parties. (rwc) (Entered: 07/10/2003)

July 10, 2003
69

ORDER, set Telephone Conference for 9:00 on 9/30/03 to discuss outstanding motions ( signed by Judge Kent A. Jordan ) copies to: cnsl. (rwc) (Entered: 09/22/2003)

Sept. 22, 2003

Tele−conference held before Judge Jordan. All pending motions are denied without prejudice. Order to issues (Ct Rptr V. Gunning). (rwc) Modified on 09/30/2003 (Entered: 09/30/2003)

Sept. 30, 2003
70

ORDER − denying the following motions without prejudice: [44−1] motion For Class Certification, denying [18−1] motion to Dismiss, denying [14−1] motion for Temporary Restraining Order, denying [14−2] motion for Preliminary Injunction. The parties shall notify the Court by 10/30/03 regarding the status of negotiations. ( signed by Judge Kent A. Jordan ) copies to: cnsl. (rwc) (Entered: 09/30/2003)

Sept. 30, 2003
71

STATUS LETTER dated 10/30/03 to Judge Jordan by Richard M. Donaldson, Esq., requesting deferrment from entry of scheduling order for 30−days. (rwc) (Entered: 10/31/2003)

Oct. 30, 2003
72

Letter from Richard Donaldson to Judge Jordan re request to defer entry of scheduling order for 60 days; settlement pending. (ntl) (Entered: 11/26/2003)

Nov. 26, 2003
73

ORDER, set Notice of Compliance deadline to 1/26/04 for parties to either file a stipulation of dismissal or call to set−up a scheduling conference. ( signed by Judge Kent A. Jordan ) copies to: cnsl. (rwc) (Entered: 12/02/2003)

Dec. 2, 2003
74

Letter dated 1/28/04 to Judge Jordan by Richard M. Donaldson, Esq., Re: Request for extension of time to 2/27/04 to finalize settlement. (rwc) (Entered: 01/29/2004)

Jan. 29, 2004
75

ORDER, set Tele−Scheduling Conference for 9:30 3/15/04 ( signed by Judge Kent A. Jordan ) copies to: cnsl. (ntl) (Entered: 03/01/2004)

March 1, 2004
76

Letter dated 3/10/04 to Judge Jordan by Richard M. Donaldson, Esq., Re: Proposed scheduling order dates and briefing schedule submitted for 3/15/04 teleconference. (rwc) (Entered: 03/11/2004)

March 11, 2004

Scheduling teleconference held before Judge Jordan. (Ct Rptr K. Maurer) (rwc) (Entered: 03/15/2004)

March 15, 2004
77

Steno Notes filed by Ct Rptr K. Maurer for 3/15/04 (rwc) (Entered: 03/16/2004)

March 16, 2004
79

Notice of Deficiency from the court to Barbara E. Ransom, Esq., Re: DI#78 was not signed by local counsel; insufficient number of copies rec'd. (rwc) (Entered: 03/18/2004)

March 18, 2004
80

SCHEDULING ORDER: setting Discovery cutoff to 9/15/04; Status Report is due on 8/3/04; Status Conference set for 4:30 on 8/10/04; Deadline for filing dispositive motions is 10/15/04; Pretrial conference set for 4:30 on 2/15/05; Proposed Pretrial Order due on 2/10/05; Bench Trial (5−days) set for 9:00 on 3/7/05; Case is referred to the U.S. Magistrate for ADR. ( signed by Judge Kent A. Jordan ) copies to: cnsl. (rwc) Modified on 03/19/2004 (Entered: 03/19/2004)

March 19, 2004
81

TRIAL MANAGEMENT ORDER − (see Order for details).( signed by Judge Kent A. Jordan ) copies to: cnsl. (rwc) (Entered: 03/19/2004)

March 19, 2004

Deadline updated per docketing error; reset Scheduling Order Deadlines: Trial Date Deadline 9:00 3/7/05 (rwc) (Entered: 03/19/2004)

March 19, 2004
82

ORDER, set Telephone Conference for 8:30 on 3/23/04 to discuss scheduling of mediation. ( signed by Judge Mary P. Thynge ) copies to: cnsl. (rwc) (Entered: 03/19/2004)

March 19, 2004
83

ORDER, set Mediation Conference for 9:00 on 3/27/04 ( signed by Judge Mary P. Thynge ) copies to: cnsl. (rwc) (Entered: 03/23/2004)

March 23, 2004
84

NOTICE of voluntary dismissal without prejudice as to Plaintiff People First of DE. (rwc) (Entered: 04/02/2004)

April 1, 2004
85

NOTICE of voluntary dismissal without prejudice as to Plaintiff Homes for Life Foundation. (rwc) (Entered: 04/02/2004)

April 1, 2004
86

NOTICE of voluntary dismissal without prejudice as to Plaintiff Arc of Delaware. (rwc) (Entered: 04/02/2004)

April 1, 2004
87

Letter dated 4/5/04 by Judge Jordan to parties enclosing a revised Trial Management Order. (rwc) (Entered: 04/05/2004)

April 5, 2004

State / Territory: Delaware

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Olmstead Cases

Key Dates

Filing Date: April 8, 2002

Closing Date: June 13, 2005

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Nine individuals with developmental disabilities, two advocacy organizations, and a housing organization.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

NDRN/Protection & Advocacy Organizations

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

Delaware Department of Health & Social Services (Dover, Kent), State

Delaware Department of Health & Social Services (Dover, Kent), State

Case Details

Causes of Action:

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

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

Availably Documents:

Trial Court Docket

Outcome

Prevailing Party: Mixed

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Preliminary relief denied

Issues

Benefit Source:

Medicaid