Case: Boudreau v. Ryan

1:00-cv-05392 | U.S. District Court for the Northern District of Illinois

Filed Date: Sept. 1, 2000

Closed Date: 2002

Clearinghouse coding complete

Case Summary

On September 1, 2000, developmentally disabled individuals who were eligible to receive Medicaid services, but who had not received such services, filed a lawsuit under the Medicaid Act, the Americans with Disabilities Act (ADA), and the Rehabilitation Act, against various Illinois state officials. Plaintiffs, represented by private counsel, sought declaratory and injunctive relief, alleging that Defendants failed to provide Medicaid services with reasonable promptness. Plaintiffs lived with …

On September 1, 2000, developmentally disabled individuals who were eligible to receive Medicaid services, but who had not received such services, filed a lawsuit under the Medicaid Act, the Americans with Disabilities Act (ADA), and the Rehabilitation Act, against various Illinois state officials. Plaintiffs, represented by private counsel, sought declaratory and injunctive relief, alleging that Defendants failed to provide Medicaid services with reasonable promptness.

Plaintiffs lived with their parents in northern Illinois and were eligible for intermediate care facility/developmentally disabled (ICF/DD) level of care funding. Plaintiffs wished to move from their parents' homes and receive residential services, but there were no slots available in any facility in northern Illinois. To receive residential services, Plaintiffs would have had to move to a facility in southern Illinois. Living on the other side of the state would have imposed financial and time constraints on Plaintiffs' families.

On May 2, 2001, the Court (John F. Grady) granted in part and denied in part Defendants' motion to dismiss. The Court granted Defendants' motion to dismiss Plaintiffs' ADA claim, but denied the motion as to the other Counts of the Complaint.

On February 25, 2002, the Court dismissed Plaintiffs' claims for lack of standing and denied the motion for class certification as moot. Boudreau v. Ryan, 2002 WL 314794 (N.D. Ill. Feb. 25, 2002). The Court held that Plaintiffs did not have standing to bring the case because Defendants had no obligation under the Medicaid statute to provide ICF/DD services in close proximity to Plaintiffs' family homes. The Court also dismissed Plaintiffs' claims under the Rehabilitation Act. On the same day, the Court entered final judgment for Defendants.

On April 7, 2003, the Seventh Circuit Court of Appeals (Judge Posner) held that Plaintiffs' Medicaid claims failed on the merits, even though the District Court had improperly characterized the dismissal as being because of a lack of standing. Bruggeman v. Blagojevich, 324 F.3d 906 (7th Cir. 2003). The Court then set aside the dismissal of Plaintiffs' claims under the Rehabilitation Act and the ADA and remanded to District Court. The Seventh Circuit directed the District Court to determine whether Illinois had a plan oriented towards preventing isolation and segregation of developmentally disabled adults.

On June 30, 2004, the District Court granted the parties' motion to dismiss with prejudice. Each party was to bear its own costs. The case was closed, and there has been no further litigation.

Summary Authors

Haley Waller (2/16/2011)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/5175716/parties/boudreau-v-ryan/


Judge(s)

Grady, John Francis (Illinois)

Posner, Richard Allen (Illinois)

Williams, Ann Claire (Illinois)

Wood, Diane Pamela (Illinois)

Attorneys(s) for Plaintiff

Farley, Robert Hugh Jr. (Illinois)

Morrissey, Thomas Gerard (Illinois)

Attorneys(s) for Defendant

Leech, Michael J. (Illinois)

Puiszis, Steven M. (Illinois)

Roberts, J. William (Illinois)

Other Attorney(s)

Active

Judge(s)

Grady, John Francis (Illinois)

Posner, Richard Allen (Illinois)

Williams, Ann Claire (Illinois)

Wood, Diane Pamela (Illinois)

Attorneys(s) for Plaintiff

Farley, Robert Hugh Jr. (Illinois)

Morrissey, Thomas Gerard (Illinois)

Attorneys(s) for Defendant

Leech, Michael J. (Illinois)

Puiszis, Steven M. (Illinois)

Roberts, J. William (Illinois)

Other Attorney(s)

Boyd, Ralph F. Jr. (District of Columbia)

Galanter, Seth Michael (District of Columbia)

Harrington, Sarah E. (District of Columbia)

Silver, Jessica Dunsay (District of Columbia)

Documents in the Clearinghouse

Document

1:00-cv-05392

Docket

July 8, 2004

July 8, 2004

Docket
1

1:00-cv-05392

COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF

Sept. 1, 2000

Sept. 1, 2000

Complaint
34

1:00-cv-05392

MEMORANDUM OPINION

2001 WL 840583

May 2, 2001

May 2, 2001

Order/Opinion
60

1:00-cv-05392

PROTECTIVE ORDER

2001 WL 1001156

Aug. 24, 2001

Aug. 24, 2001

Order/Opinion
89

1:00-cv-05392

PLAINTIFFS’ MEMORANDUM OF LAW IN RESPONSE TO THE COURT’S INQUIRY ON DECEMBER 6, 2001

Dec. 11, 2001

Dec. 11, 2001

Pleading / Motion / Brief
91

1:00-cv-05392

PLAINTIFFS’ RESPONSE TO DEFENDANTS MOTION TO DISMISS PLAINTIFFS THIRD AMENDED COMPLAINT

Dec. 28, 2001

Dec. 28, 2001

Pleading / Motion / Brief
96

1:00-cv-05392

PLAINTIFFS’ MEMORANDUM OF LAW ON FAMILY PARTICIPATION AND STATEWIDENESS UNDER THE MEDICAID ACT

Jan. 10, 2002

Jan. 10, 2002

Pleading / Motion / Brief
99

1:00-cv-05392

DEFENDANTS' MEMORANDUM OF LAW ON STATEWIDENESS AND MEDICAID RECIPIENTS’ RIGHT TO PLACEMENT IN CLOSE GEOGRAPHIC PROXIMITY TO FAMILY

Jan. 11, 2002

Jan. 11, 2002

Pleading / Motion / Brief
101

1:00-cv-05392

PLAINTIFFS’ MEMORANDUM OF LAW IN RESPONSE TO THIS COURT’S ORDER OF JANUARY 11, 2001

Jan. 15, 2002

Jan. 15, 2002

Pleading / Motion / Brief
103

1:00-cv-05392

DEFENDANTS’ MEMORANDUM OF LAW IN RESPONSE TO COURT’S QUESTIONS

Jan. 16, 2002

Jan. 16, 2002

Pleading / Motion / Brief

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5175716/boudreau-v-ryan/

Last updated Aug. 2, 2022, 3:07 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT for declaratory and injunctive relief − Civil cover sheet − Appearance(s) of Robert Hugh Farley Jr. as attorney(s) for plaintiffs ( Four original and four copies summons(es) issued.) ( Documents: 1−1 through 1−3) (kef) (Entered: 09/05/2000)

Sept. 1, 2000

Sept. 1, 2000

59

MINUTE ORDER of 8/21/01 by Hon. John F. Grady: Defendants' motion for entry of a protective order on mental health records [56-1] is granted in part, denied in part. Entered Memorandum Opinion. Mailed notice by judge's staff. (fce)

Aug. 21, 2001

Aug. 21, 2001

RECAP
117

MINUTE ORDER of 2/26/02 by Hon. John F. Grady : This cause is hereby dismissed for lack of standing. Plaintiffs' motion for preliminary injunction is denied [102-1]. Entered Memorandum Opinion. Notice mailed by Judge's staff (ar)

Feb. 26, 2002

Feb. 26, 2002

RECAP

RECEIPT regarding payment of filing fee paid; on 9/1/00 in the amount of $ 150.00, receipt # 1045275. (kef) (Entered: 09/05/2000)

Sept. 1, 2000

Sept. 1, 2000

2

AMENDED COMPLAINT for declaratory and injunctive relief [1−1] by plaintiffs; Notice. (kef) Modified on 09/08/2000 (Entered: 09/06/2000)

Sept. 5, 2000

Sept. 5, 2000

3

RETURN OF SERVICE executed as to defendants George H Ryan, Ann Patla, Linda Renee Baker, Melissa Wright on 9/1/00 (3−1 thru 3−4). (kef) (Entered: 09/06/2000)

Sept. 5, 2000

Sept. 5, 2000

5

MOTION by plaintiffs for leave of court for Thomas G. Morrissey to file an additional appearance ; Notice. (kef) (Entered: 09/18/2000)

Sept. 8, 2000

Sept. 8, 2000

6

MOTION by plaintiffs for discovery prior to the filing of the motion for class certification . (kef) (Entered: 09/18/2000)

Sept. 8, 2000

Sept. 8, 2000

4

SUPPLEMENT by plaintiffs to plaintiffs' motion for discovery prior to the filing of the motion for class certification (Attachments). (kef) (Entered: 09/12/2000)

Sept. 11, 2000

Sept. 11, 2000

7

MINUTE ORDER of 9/13/00 by Hon. John F. Grady: Plaintiffs' motion for leave of court for Thomas G. Morrissey to file an appearance is granted [5−1]. Plaintiffs' motion for discovery prior to the filing of the motion for class certification is granted [6−1]. Mailed notice (kef) (Entered: 09/18/2000)

Sept. 13, 2000

Sept. 13, 2000

9

ATTORNEY APPEARANCE for plaintiffs by Thomas Gerard Morrissey. (kef) (Entered: 09/20/2000)

Sept. 18, 2000

Sept. 18, 2000

8

NOTICE by plaintiff of filing of supplement to plaintiffs to motion for discovery prior to the filing of the motion for class certification [4−1]. (kef) (Entered: 09/20/2000)

Sept. 19, 2000

Sept. 19, 2000

11

MOTION by defendants for enlargement of time to file a responsive pleading to plaintiffs' amended complaint ; Notice. (kef) (Entered: 09/28/2000)

Sept. 26, 2000

Sept. 26, 2000

12

MOTION by defendants for enlargement of time to file a responsive pleading to plaintiffs' amended complaint ; Notice. (kef) (Entered: 10/05/2000)

Oct. 2, 2000

Oct. 2, 2000

13

MOTION by plaintiffs to compel discovery (Attachments); Notice. (kef) Modified on 10/05/2000 (Entered: 10/05/2000)

Oct. 2, 2000

Oct. 2, 2000

14

MINUTE ORDER of 10/4/00 by Hon. John F. Grady: Defendants' motion for enlargement of time (until 11/1/00 to answer or otherwise plead to the complaint) is granted [11−1], [12−1]. Plaintiffs' motion to compel discovery is denied [13−1]; oral depositions are stayed until 11/1/00. Mailed notice (kef) (Entered: 10/05/2000)

Oct. 4, 2000

Oct. 4, 2000

15

MOTION by plaintiffs to compel discovery (Attachments); Notice. (kef) (Entered: 11/20/2000)

Nov. 9, 2000

Nov. 9, 2000

16

MOTION by defendants to limit discovery . (kef) (Entered: 11/20/2000)

Nov. 13, 2000

Nov. 13, 2000

17

MOTION by defendants for leave to file motion to dismiss and memorandum of law ; Notice. (kef) (Entered: 11/20/2000)

Nov. 13, 2000

Nov. 13, 2000

18

MINUTE ORDER of 11/15/00 by Hon. John F. Grady: Plaintiffs' motion to compel discovery [15−1] is entered and continued to 11/29/00 at 10:00 a.m. Defendants' motion to limit discovery [16−1] is entered and continued to 11/29/00 at 10:00 a.m. Defendants' motion for leave to file motion to dismiss and memorandum of law is granted [17−1]. No notice (kef) (Entered: 11/20/2000)

Nov. 15, 2000

Nov. 15, 2000

19

MOTION by defendants to dismiss plaintiffs' first amended complaint . (kef) (Entered: 11/20/2000)

Nov. 15, 2000

Nov. 15, 2000

20

MINUTE ORDER of 11/29/00 by Hon. John F. Grady: Plaintiffs' motion to compel discovery is denied as discussed in open court [15−1]. Defendants' motion to limit discovery is denied [16−1]; the issue of discovery may be re−visited after ruling on the pending motion to dismiss. On defendants' motion to dismiss [19−1], response due by 12/27/00; Reply due by 1/10/01. Mailed notice (kef) (Entered: 12/04/2000)

Nov. 29, 2000

Nov. 29, 2000

21

TRANSCRIPT of proceedings for the following date(s): Held on 10/4/00 before Honorable John F. Grady. (kef) (Entered: 12/05/2000)

Dec. 5, 2000

Dec. 5, 2000

22

RESPONSE by plaintiffs and memorandum of law to defendant's motion and memorandum of law to dismiss plaintiffs' first amended complaint [19−1]; Notice. (maf) (Entered: 12/20/2000)

Dec. 15, 2000

Dec. 15, 2000

23

MOTION by defendants for enlargement of time to file their reply brief in support of their motion to dismiss (Attachments); Notice. (kef) (Entered: 01/29/2001)

Jan. 16, 2001

Jan. 16, 2001

24

MINUTE ORDER of 1/24/01 by Hon. John F. Grady: Defendants' motion for enlargement of time (until 1/31/01 to file their reply brief) is granted [23−1]. Mailed notice (kef) (Entered: 01/29/2001)

Jan. 24, 2001

Jan. 24, 2001

25

REPLY brief by defendants in support of motion to dismiss ; Notice. [19−1] (tlm) (Entered: 01/30/2001)

Jan. 29, 2001

Jan. 29, 2001

28

MOTION by defendants to supplement their motion to dismiss [19−1] (Attachments); Notice. (kef) (Entered: 03/02/2001)

Feb. 23, 2001

Feb. 23, 2001

29

MOTION by defendants to reassign based on relatedness (Attachments); Notice. (kef) (Entered: 03/02/2001)

Feb. 23, 2001

Feb. 23, 2001

26

RESPONSE by plaintiffs to defendants' motion to reassign based on relatedness (Attachments). (ac) Modified on 02/27/2001 (Entered: 02/27/2001)

Feb. 26, 2001

Feb. 26, 2001

27

RESPONSE by plaintiffs to defendants' supplemental memorandum of law; Notice. (ac) Modified on 02/27/2001 (Entered: 02/27/2001)

Feb. 26, 2001

Feb. 26, 2001

31

SUPPLEMENTAL REPLY by defendants on the availability of injunctive relief against state officials under the Title II of the ADA; Notice (jmp) (Entered: 03/09/2001)

March 7, 2001

March 7, 2001

32

MOTION by defendants to cite additional authority (Attachments); Notice. (mw) (Entered: 04/13/2001)

April 9, 2001

April 9, 2001

33

MINUTE ORDER of 4/11/01 by Hon. John F. Grady : Defendants' motion to cite additional authority is granted [32−1]. Plaintiff's further response due by 04/30/01; reply due by 05/07/01. Mailed notice (mw) (Entered: 04/13/2001)

April 11, 2001

April 11, 2001

34

MINUTE ORDER of 5/1/01 by Hon. John F. Grady : Defendants' motion to dismiss [19−1] is granted in part. We grant the motion as to the plaintiffs' ADA claim (Count III), but deny the motion as to Counts I, II, IV, and V. Further, this court orders that the parties make all of the initial disclosures set forth under the Federal Rule of Civil Procedure 26(a)(1) within 14 days of receipt of this opinion. A status hearing is scheduled for 5/30/01 at 9:30 a.m. (Entered Memorandum Opinion). Mailed notice (maf) (Entered: 05/02/2001)

May 1, 2001

May 1, 2001

SCHEDULE set on 5/7/01 by Hon. John F. Grady : Status hearing date of 5/30/01 is reset to 9:30 on 5/31/01 . Mailed notice (am) (Entered: 05/07/2001)

May 7, 2001

May 7, 2001

35

MOTION by plaintiffs to certify a class pursuant to Rule 23(b)(2) (Attachments). (cem) (Entered: 05/11/2001)

May 7, 2001

May 7, 2001

36

MOTION by plaintiffs to file second amended complaint instanter (Attachments); Notice. (cem) (Entered: 05/11/2001)

May 7, 2001

May 7, 2001

37

MINUTE ORDER of 5/9/01 by Hon. John F. Grady : Plaintiffs' motion to certify a class [35−1] and plaintiffs' motion to file second amended complaint instanter [36−1] are entered and continued to 5/31/01 at 10:00 a.m. Status hearing date of 5/31/01 to stand. Further, defendants are given until 5/18/01 to answer to complaint and provide mandatory disclosures as provided by the rules. Mailed notice (cem) (Entered: 05/11/2001)

May 9, 2001

May 9, 2001

38

MOTION by defendants to enlarge time for filing of answer ; Notice. (maf) (Entered: 05/25/2001)

May 18, 2001

May 18, 2001

39

MINUTE ORDER of 5/23/01 by Hon. John F. Grady : Defendants' motion to enlarge time (until 5/25/01) for filing of answer is granted [38−1]. Mailed notice (maf) (Entered: 05/25/2001)

May 23, 2001

May 23, 2001

40

TRANSCRIPT of proceedings for the following date(s): 5/9/01 Before Honorable John F. Grady (eav) (Entered: 05/29/2001)

May 25, 2001

May 25, 2001

41

MOTION by defendants' for leave to file answer instanter ; Notice. (vmj) (Entered: 06/05/2001)

May 25, 2001

May 25, 2001

42

MINUTE ORDER of 5/31/01 by Hon. John F. Grady: Status hearing held. Defendants' motion for leave to file answer instanter is granted [41−1]. Plaintiffs' motion for leave to file second amended complaint is granted [36−1]. Oral argument on plaintiffs' motion for class certification is set for 6/5/01 at 11:30 a.m.; any objections to said motion shall be filed by 6/4/01. No notice (vmj) (Entered: 06/05/2001)

May 31, 2001

May 31, 2001

43

ANSWER to amended complaint for declaratory and injunctive relief by defendant [2−1] (Attachments). (vmj) (Entered: 06/05/2001)

May 31, 2001

May 31, 2001

44

SECOND AMENDED COMPLAINT by plaintiff; adding Greg Blaney Jr, Melissa Cole, Jeffrey Falcone, Sean Steele, David Stiman. (vmj) (Entered: 06/05/2001)

May 31, 2001

May 31, 2001

45

OBJECTIONS by defendants' to plaintiffs' motion for class certification [35−1] (Attachments); Notice. (vmj) (Entered: 06/05/2001)

June 1, 2001

June 1, 2001

47

MEMORANDUM by plaintiffs of law in support of class certification [35−1] (Attachments) (eav) (Entered: 06/13/2001)

June 12, 2001

June 12, 2001

48

MOTION by plaintiffs for this court to rule on the issue of class certification without any further briefing ; Notice. (cem) (Entered: 07/16/2001)

June 27, 2001

June 27, 2001

49

MOTION by defendants for leave to file memorandum requested by court regarding class certification issues . (cem) (Entered: 07/16/2001)

July 9, 2001

July 9, 2001

50

MINUTE ORDER of 7/11/01 by Hon. John F. Grady : Defendants' motion for leave to file memorandum requested by court regarding class certification issues [49−1] and to file affidavit of Eugenia Cutler under seal is granted; plaintiffs' reply due by 8/7/01. Plaintiffs' motion for this court to rule on the issue of class certification without any further briefing [48−1] is entered and withdrawn. No notice (cem) (Entered: 07/16/2001)

July 11, 2001

July 11, 2001

51

MEMORANDUM by defendants opposing class certification; with remark (Attachments). (cem) (Entered: 07/16/2001)

July 11, 2001

July 11, 2001

51

ADDRESSING by defendants class certification determinations in similar cases; with memorandum opposing (Attachments). (cem) (Entered: 07/16/2001)

July 11, 2001

July 11, 2001

52

MEMORANDUM by defendants opposing class certification and addressing class certification determinations in similar cases [49−1] with affidavit (yap) (Entered: 07/17/2001)

July 11, 2001

July 11, 2001

52

AFFIDAVIT of Eugenia Cutler; Associate Director of Program Operations, Surburban Access with memorandum opposing class certification (yap) (Entered: 07/17/2001)

July 11, 2001

July 11, 2001

53

TRANSCRIPT of proceedings for the following date(s): 5/31/01, 6/5/01 before Honorable John F. Grady. (53−1 through 53−2). (maf) (Entered: 07/18/2001)

July 17, 2001

July 17, 2001

54

REPLY to defendants' memorandum opposing class certification by plaintiff [52−1]; (Attachments). (cgb) (Entered: 08/02/2001)

Aug. 1, 2001

Aug. 1, 2001

56

MOTION by defendants for entry of a protective order on mental health records (Attachments); Notice. (fce) (Entered: 08/17/2001)

Aug. 10, 2001

Aug. 10, 2001

55

RESPONSE by plaintiffs to defendants motion for entry of a protective order (Attachments). (fce) Modified on 08/14/2001 (Entered: 08/14/2001)

Aug. 13, 2001

Aug. 13, 2001

57

MINUTE ORDER of 8/15/01 by Hon. John F. Grady: Defendant's motion for entry of a protective order on mental health records [56−1] is taken under advisement. No notice. (fce) (Entered: 08/17/2001)

Aug. 15, 2001

Aug. 15, 2001

60

MINUTE ORDER of 8/21/01 by Hon. John F. Grady: Entered Protective Order. Mailed notice by judge's staff. (fce) Modified on 08/24/2001 (Entered: 08/24/2001)

Aug. 21, 2001

Aug. 21, 2001

58

ATTORNEY APPEARANCE for Marklund Children's Home by Joseph C. Fench, Robin R. Welgat. (fce) (Entered: 08/23/2001)

Aug. 22, 2001

Aug. 22, 2001

61

MOTION by plaintiffs to compel discovery (Attachments); Notice. (mw) (Entered: 09/10/2001)

Aug. 29, 2001

Aug. 29, 2001

62

MINUTE ORDER of 9/5/01 by Hon. John F. Grady : Plaintiffs' motion to compel discovery is entered and withdrawn [61−1]. No notice (mw) (Entered: 09/10/2001)

Sept. 5, 2001

Sept. 5, 2001

63

SUPPLEMENT by plaintiff to motion to compel discovery [61−1] (Attachment). (fce) (Entered: 09/18/2001)

Sept. 17, 2001

Sept. 17, 2001

64

RESPONSE by defendants to plaintiffs' motion to compel discovery [61−1]; Notice. (fce) (Entered: 09/19/2001)

Sept. 18, 2001

Sept. 18, 2001

66

MINUTE ORDER of 9/19/01 by Hon. John F. Grady: Plaintiffs' motion to compel discovery [65−1] is entered and continued to 10/24/01 at 10:00 a.m. Further, defendants are to furnish the name or names of person or persons that have personal knowledge as to the availability or non−availability of the documents sought by plaintiff in their motion to compel; that person or persons shall be made available for deposition within the next ten (10) days. Mailed notice. (fce) Modified on 09/24/2001 (Entered: 09/21/2001)

Sept. 19, 2001

Sept. 19, 2001

67

TRANSCRIPT of proceedings for the following date(s): 07/11/01 before Honorable John F. Grady. (fce) (Entered: 09/21/2001)

Sept. 20, 2001

Sept. 20, 2001

69

MOTION by defendants to continue plaintiffs' PAS Agent deposition ; Notice. (fce) (Entered: 09/27/2001)

Sept. 24, 2001

Sept. 24, 2001

70

MOTION by plaintiff to file third amended complaint instanter (Attachments); Notice. (fce) (Entered: 09/27/2001)

Sept. 24, 2001

Sept. 24, 2001

71

MOTION by defendants to clarify protective order (Attachment). (fce) (Entered: 09/27/2001)

Sept. 24, 2001

Sept. 24, 2001

68

RESPONSE by plaintiffs to defendants' motion to continue PAS Agent deposition (Attachments). (fce) (Entered: 09/26/2001)

Sept. 25, 2001

Sept. 25, 2001

72

AMENDED NOTICE by plaintiff regarding motion to file third amended complaint instanter [70−1]. (fce) (Entered: 09/27/2001)

Sept. 25, 2001

Sept. 25, 2001

73

MINUTE ORDER of 9/26/01 by Hon. John F. Grady: Defendants' motion to continue plaintiffs' PAS agent deposition [69−1] is considered entered and withdrawn. Plaintiffs' motion to file third amended complaint instanter [70−1] is granted; defendants are given until 11/13/01 to plead to the third amended complaint. Defendants' motion to clarify protective order is entered and continued to 10/3/01 at 10:00 a.m. Mailed notice. (fce) Modified on 10/02/2001 (Entered: 09/27/2001)

Sept. 26, 2001

Sept. 26, 2001

74

AMENDED COMPLAINT [44−1] by plaintiff; Adding plaintiff's Christine Auer, Douglas Wilsman, Sharon Lowrey, Leah Jones (Attachments); Notice. (fce) (Entered: 09/27/2001)

Sept. 26, 2001

Sept. 26, 2001

75

RESPONSE by plaintiffs to defendant's motion to clarify protective order [71−1] (Attachments). (fce) (Entered: 10/02/2001)

Oct. 1, 2001

Oct. 1, 2001

76

MINUTE ORDER of 10/3/01 by Hon. John F. Grady: Defendant's motion to clarify protective order [71−1] is taken under advisement. No notice. (fce) (Entered: 10/04/2001)

Oct. 3, 2001

Oct. 3, 2001

77

MINUTE ORDER of 10/4/01 by Hon. John F. Grady : (Entered protective order). Mailed notices by judge's staff (cem) (Entered: 10/05/2001)

Oct. 4, 2001

Oct. 4, 2001

78

TRANSCRIPT of proceedings for the following date(s): 09/19/01, 09/26/01 before Honorable John F. Grady (78−1 through 78−2). (fce) (Entered: 10/16/2001)

Oct. 15, 2001

Oct. 15, 2001

79

MOTION by plaintiffs to schedule an evidentiary hearing to determine whether the plaintiffs Auer, Jones, Lowrey and Wilsman can adequately represent the proposed class (Attachment); Notice. (cem) Modified on 10/18/2001 (Entered: 10/18/2001)

Oct. 15, 2001

Oct. 15, 2001

80

ADDITIONAL factual submissions by plaintiffs in support of class certification (Attachments). (cem) (Entered: 10/18/2001)

Oct. 15, 2001

Oct. 15, 2001

81

MINUTE ORDER of 10/17/01 by Hon. John F. Grady : Plaintiff's motion to schedule an evidentiary hearing to determine whether the plaintiffs Auer, Jones, Lowrey and Wilsman can adequately represent the proposed class is granted [79−1]. Hearing for the defendants to raise any objections to the adequacy of the four people plaintiff proposes as class representatives is set for 11/15/01 at 10:00 am . Mailed notice (cem) (Entered: 10/18/2001)

Oct. 17, 2001

Oct. 17, 2001

82

MINUTE ORDER of 10/24/01 by Hon. John F. Grady: Plaintiffs' motion to compel discovery [65−1] is withdrawn. No notice. (fce) (Entered: 10/29/2001)

Oct. 24, 2001

Oct. 24, 2001

SCHEDULE set on 11/15/01 by Hon. John F. Grady : Evidentiary hearing held and continued to 10:00 on 11/27/01. No notice (am) (Entered: 11/16/2001)

Nov. 15, 2001

Nov. 15, 2001

83

MOTION by defendants for leave to file motion to dismiss and memorandum of law ; Notice. (fce) (Entered: 11/29/2001)

Nov. 15, 2001

Nov. 15, 2001

84

MINUTE ORDER of 11/15/01 by Hon. John F. Grady: Defendants' motion for leave to file motion to dismiss and memorandum of law [83−1] is granted. No notice. (fce) (Entered: 11/29/2001)

Nov. 15, 2001

Nov. 15, 2001

85

MOTION by defendants to dismiss plaintiff's third amended complaint on the grounds that it is barred by the Eleventh Amendment ; Memorandum of law. (fce) (Entered: 11/29/2001)

Nov. 15, 2001

Nov. 15, 2001

104

MOTION by defendants to quash or excuse (Attachment); Notice. (yp) (Entered: 01/23/2002)

Nov. 15, 2001

Nov. 15, 2001

105

MOTION by plaintiffs to sanction defendants' for failure to produce officers at hearing ; Notice. (yp) (Entered: 01/23/2002)

Nov. 15, 2001

Nov. 15, 2001

SCHEDULE set on 11/27/01 by Hon. John F. Grady : Evidentiary hearing held and continued to 9:30 on 11/29/01 . No notice (am) (Entered: 11/28/2001)

Nov. 27, 2001

Nov. 27, 2001

86

MINUTE ORDER of 11/27/01 by Hon. John F. Grady: Defendants' oral motion for leave to file corrected memorandum of law is granted. No notice. (fce) (Entered: 11/29/2001)

Nov. 27, 2001

Nov. 27, 2001

87

CORRECTED MEMORANDUM by defendant of law. (fce) (Entered: 11/29/2001)

Nov. 27, 2001

Nov. 27, 2001

111

SUPPLEMENT by defendants to motion for leave to file motion to dismiss; (Attachments). (cdy) (Entered: 01/24/2002)

Nov. 27, 2001

Nov. 27, 2001

SCHEDULE set on 11/29/01 by Hon. John F. Grady : Evidentiary hearing held and continued to 10:00 on 12/4/01. No notice (am) (Entered: 11/30/2001)

Nov. 29, 2001

Nov. 29, 2001

88

ATTORNEY APPEARANCE for defendants George H Ryan, Ann Patla, Linda Renee Baker, Melissa Wright by Rendi L. Mann−Stadt. (fce) (Entered: 12/04/2001)

Nov. 29, 2001

Nov. 29, 2001

SCHEDULE set on 12/4/01 by Hon. John F. Grady : Evidentiary hearing held and is continued to 10:00 on 12/6/01 . Mo notice (am) (Entered: 12/05/2001)

Dec. 4, 2001

Dec. 4, 2001

SCHEDULE set on 12/6/01 by Hon. John F. Grady : Evidentiary hearing held and continued to 10:00 on 12/10/01 . No notice (am) (Entered: 12/06/2001)

Dec. 6, 2001

Dec. 6, 2001

SCHEDULE set on 12/10/01 by Hon. John F. Grady : Evidentiary hearing held and continued to 10:00 on 12/11/01 . No notice (am) (Entered: 12/11/2001)

Dec. 10, 2001

Dec. 10, 2001

89

MEMORANDUM of law by plaintiffs in response to the court's inquiry on 12/06/01 (Attachments). (fce) (Entered: 12/11/2001)

Dec. 10, 2001

Dec. 10, 2001

SCHEDULE set on 12/11/01 by Hon. John F. Grady : Evidentiary hearing held and continued to 10:00 on 12/13/01 . No notice (am) (Entered: 12/12/2001)

Dec. 11, 2001

Dec. 11, 2001

Case Details

State / Territory: Illinois

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Olmstead Cases

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 1, 2000

Closing Date: 2002

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Developmentally disabled adults living at home with their parents who wished to live in intermediate care facilities.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

Governor of the State of Illinois, State

Director of the Illinois Department of Public Aid, State

Secretary of the Illinois Department of Human Services, State

Associate Director of the Office of Developmental Disabilities, State

Case Details

Causes of Action:

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

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

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Unknown

Nature of Relief:

Unknown

Source of Relief:

Unknown

Issues

Benefit Source:

Medicaid