Case: Radaszewski v. Garner

1:01-cv-09551 | U.S. District Court for the Northern District of Illinois

Filed Date: Dec. 14, 2001

Closed Date: 2008

Clearinghouse coding complete

Case Summary

On September 1, 2000, the mother of a physically and developmentally disabled individual filed a lawsuit under § 1983 against the Director of Illinois Department of Public Aid (IDPA) in the U.S. District Court for the Northern District of Illinois. The Plaintiff, represented by Prairie State Legal Services, alleged that a reduction in the level of private-duty nursing provided to her son at home would violate the federal Medicaid statute and deprive her son of due process of the law in violatio…

On September 1, 2000, the mother of a physically and developmentally disabled individual filed a lawsuit under § 1983 against the Director of Illinois Department of Public Aid (IDPA) in the U.S. District Court for the Northern District of Illinois. The Plaintiff, represented by Prairie State Legal Services, alleged that a reduction in the level of private-duty nursing provided to her son at home would violate the federal Medicaid statute and deprive her son of due process of the law in violation of the Fourteenth Amendment to the U.S. Constitution. The Plaintiff sought declaratory and injunctive relief.

The Plaintiff's son was diagnosed with brain cancer as a child; as a result of the cancer, a stroke, and subsequent treatment, he presented a very complex medical case requiring round-the-clock care and about 25 medications per day. From the time between when the Plaintiff's private medical insurance terminated and the time her son turned twenty-one, the Plaintiff's son received sixteen hours of in-home nursing per day under the Medicaid Program for Medically Fragile, Technology Dependent Children (MFTDC program). After he turned twenty-one, the Department of Healthcare and Family Services (HFS) reduced this to five hours of in-home nursing per day. The Plaintiff desired community-based treatment, and state treatment professionals found that it was appropriate. The cost of care for the Plaintiff's son in a hospital ($29,000 per month) would exceed the cost of care in his home ($20,000 per month).

On September 1, 2000, the district court (Judge James B. Zagel) granted the Plaintiff's motion for a temporary restraining order, requiring IDPA to continue funding at-home care. However, on November 6, 2000 the court denied the Plaintiff’s request for a preliminary injunction, holding that her complaint did not state a viable federal claim. The Plaintiff appealed to the U.S. Court of Appeals for the Seventh Circuit, also requesting an injunction pending appeal. However, in February 2001, amendments to the Illinois State Medicaid Plan eliminated private duty nursing care as a service provided under the state plan. Consequently, the Seventh Circuit ordered the District Court to vacate its judgment on the merits and dismiss all previous orders as moot.

On December 1, 2001, the Plaintiff again filed suit against IDPA, this time in the Circuit Court of the Eighteenth Judicial Circuit, DuPage County, Illinois. The original claim alleged violations of various Illinois state laws. After adding claims under the Americans with Disabilities Act ("ADA") and Section 504 of the Rehabilitation Act ("RA"), the Plaintiff moved the case to the U.S. District Court for the Northern District of Illinois on December 14, 2001.

On April 30, 2002, the Court (Judge John W. Darrah) granted in part and denied in part the Plaintiffs' motion to remand to state court. The Court remanded Plaintiffs' state law claims and retained jurisdiction of Plaintiffs' federal law claims.

The Federal Court granted Defendants' motion for judging on the pleadings on September 10, 2002. The Court held that the Seventh Circuit Court of Appeals' holding in Walker v. Snyder, 213 F.3d 344 (7th Cir. 2000), required that Plaintiffs' ADA claim under Title II fail. The Court also dismissed Plaintiffs' RA claims, holding that the RA does not require the State to create and fund a program that does not already exist; instead, the RA requires even-handed treatment of developmentally and physically disabled persons relative to persons who do not have disabilities.

On September 8, 2004, the Seventh Circuit Court of Appeals (Judge Ilana Rovner) reversed the District Court and remanded the case for further proceedings. Radaszewski v. Garner, 383 F.3d 599 (7th Cir. 2004). First, the Court recognized that the Supreme Court's holding in Board of Trustees of Univ. of Alabama v. Garrett, 531 U.S. 356 (2001) recognized the right of a private plaintiff to assert an ADA claim for injunctive relief against a state official in federal court. The Court then proceeded to the merits of Plaintiff's claim and concluded that the Court held that the District Court erred in entering judgment on the pleadings in Defendants' favor.

On March 29, 2006, the District Court found that there was no final enforceable settlement agreement between the parties. Radaszewski v. Maram, 2006 WL 861243 (N.D. Ill. Mar. 29, 2006). The parties had exchanged numerous settlement offers, both written and verbal, and had submitted memoranda regarding the status of the settlement proceedings. The parties had disagreed about whether an enforceable settlement agreement had been reached.

There was a bench trial beginning September 10, 2007. At the time of trial, the Plaintiff's son was receiving 16 hours of private-duty nursing per day pursuant to the injunction entered by the state court.

The Court issued its findings of fact and conclusions of law after the bench trial on March 26, 2008. Radaszewski v. Maram, 2008 WL 2097382 (N.D. Ill. Mar. 26, 2008). The Court held that Plaintiff had sufficiently stated and proved a claim under the ADA and RA. The Court entered judgment in Plaintiff's favor; the parties were ordered to meet, confer, and submit a proposed order setting forth appropriate relief consistent with the Court's opinion.

On May 9, 2008, the Court issued a permanent injunction. The order enjoined the Defendant from reducing coverage for Plaintiff's son to fewer than sixteen hours per day of skilled nursing services at his parents' home. Plaintiff was also awarded costs and fees, and the Court retained jurisdiction for purposes of enforcing the injunction.

The case is now closed, and there has been no further litigation.

Summary Authors

Haley Waller (2/18/2011)

Lauren Latterell Powell (10/25/2017)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/10399197/parties/radaszewski-v-garner/


Judge(s)

Bauer, William Joseph (Illinois)

Darrah, John W. (Illinois)

Kanne, Michael Stephen (Indiana)

Manion, Daniel Anthony (Indiana)

Rovner, Ilana Kara Diamond (Illinois)

Wood, Diane Pamela (Illinois)

Attorneys(s) for Plaintiff

Abarbanel, Eliot (Illinois)

Megan, Sarah (Illinois)

Severin, Linda (Illinois)

Shapiro, Bernard H. (Illinois)

Judge(s)

Bauer, William Joseph (Illinois)

Darrah, John W. (Illinois)

Kanne, Michael Stephen (Indiana)

Manion, Daniel Anthony (Indiana)

Rovner, Ilana Kara Diamond (Illinois)

Wood, Diane Pamela (Illinois)

Attorneys(s) for Plaintiff

Abarbanel, Eliot (Illinois)

Megan, Sarah (Illinois)

Severin, Linda (Illinois)

Shapiro, Bernard H. (Illinois)

Attorneys(s) for Defendant

Adler, David (Illinois)

Gange, Christopher (Illinois)

Huston, John E. (Illinois)

Konieczny, Karen (Illinois)

Madigan, Lisa (Illinois)

O'Connell, James C. (Illinois)

Ryan, James E. (Illinois)

Welsh, Mary E. (Illinois)

Other Attorney(s)

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

Harrington, Sarah E. (District of Columbia)

Lapertosa, Max (Pennsylvania)

Miller, Laura J. (Illinois)

Silver, Jessica Dunsay (District of Columbia)

Taylor, Barry Charlton (Illinois)

Walden, Kenneth M. (Illinois)

Whitcomb, John W. (Illinois)

Wolf, Benjamin S. (Illinois)

Expert/Monitor/Master

Flint, Samuel S. (Illinois)

Documents in the Clearinghouse

Document

Docket [PACER]

May 9, 2008 Docket

AFFIDAVIT

Radaszewski v. Patla

No Court

Sept. 1, 2000 Discovery Material/FOIA Release
1

Complaint

Radaszewski v. Patla

Sept. 1, 2000 Complaint

Order

Radaszewski v. Patla

U. S. Court of Appeals for the Seventh Circuit

2 Fed.Appx. 565, 2001 WL 242169

March 8, 2001 Order/Opinion
4

DEFENDANT’S ANSWER TO PLAINTIFF’S SUPPLEMENTAL COMPLAINT FOR INJUNCTIVE RELIEF

Dec. 10, 2001 Pleading / Motion / Brief
1

NOTICE OF REMOVAL

Dec. 14, 2001 Pleading / Motion / Brief
3

MEMORANDUM IN SUPPORT OF PLAINTIFF’S MOTION FOR REMAND

Jan. 30, 2002 Pleading / Motion / Brief
3

MEMORANDUM IN SUPPORT OF PLAINTIFF'S MOTION TO REMAND

Jan. 30, 2002 Pleading / Motion / Brief
6

DEFENDANT’S MEMORANDUM IN OPPOSITION TO PLAINTIFF’S MOTION FOR REMAND

Feb. 20, 2002 Pleading / Motion / Brief
7

PLAINTIFF'S REPLY BRIEF - MOTION FOR REMAND

March 7, 2002 Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/10399197/radaszewski-v-garner/

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link
1

NOTICE OF REMOVAL by defendant from the Circuit Court of the Eighteenth Judical Circuit, DuPage County, IL with copy of summons and complaint, case no. 00 CH 1475 - Civil cover sheet - Appearance(s) of James C. O'Connell, David Adler, Christopher Samuel Gange as attorney(s) for defendant; Affiavit of David Adler ( Documents: 1-1 through 1-3) (hp) (Entered: 12/17/2001)

Dec. 14, 2001 PACER

RECEIPT regarding payment of filing fee paid; on 12/14/01 in the amount of $150.00, receipt # 107416. (hp)

Dec. 14, 2001 PACER

MAILED Rule 77(d) letter to Eliot W. Abarbanel regarding notice of removal with appearance form. (hp)

Dec. 17, 2001 PACER

SCHEDULE set on 12/20/01 by Hon. John W. Darrah : Status hearing set to 9:00 1/30/02 . Mailed notice (ldg)

Dec. 20, 2001 PACER
2

ATTORNEY APPEARANCE for plaintiff by Bernard H. Shapiro, Sarah Catherine Megan and Eliot Abarbanel (yap) (Entered: 01/10/2002)

Jan. 9, 2002 PACER
4

MOTION by plaintiff to remand this proceeding to the Circuit Court of the Eighteenth Judicial Circuit, Dupage County, Illinois (Attachment); Notice (yap) (Entered: 02/01/2002)

Jan. 14, 2002 PACER
3

MEMORANDUM by plaintiff in support of his motion for remand (Attachments) (yap) (Entered: 01/31/2002)

Jan. 30, 2002 PACER
5

MINUTE ORDER of 1/30/02 by Hon. John W. Darrah : Status hearing held and continued to 4/4/02 at 9:00 a.m. Defendant's response to plaintiff's motion to remand this proceeding to the Circuit Court of the Eighteenth Judicial Circuit, Dupage County, Illinois [4-1] to be filed by 2/20/02. Plaintiff's reply to be filed by 3/6/02. Mailed notice (yap) (Entered: 02/01/2002)

Jan. 30, 2002 PACER
6

MEMORANDUM by defendant in opposition to motion to remand this proceeding to the Circuit Court of the Eighteenth Judicial Circuit, Dupage County, Illinois [4-1] (yap) (Entered: 02/21/2002)

Feb. 20, 2002 PACER
7

REPLY brief by plaintiff to motion for remand [4-1] (yap) (Entered: 03/08/2002)

March 7, 2002 PACER

SCHEDULE set on 4/3/02 by Hon. John W. Darrah : Status hearing set for 4/4/02 is stricken and reset to 9:00 4/18/02 . Mailed notice (ldg)

April 3, 2002 PACER
8

MINUTE ORDER of 4/30/02 by Hon. John W. Darrah : Status hearing held. Plaintiff's motion to remand this proceeding to the Circuit Court of the Eighteenth Judicial Circuit, Dupage County, Illinois [4-1] is granted in part and denied in part. Plaintiff's state law claims, counts I-V are remanded to state court. This court retains juridiction over counts VI and VII. Entered Memorandum Opinion and Order. Mailed notice (yap) (Entered: 05/01/2002)

April 30, 2002 PACER
9

MINUTE ORDER of 4/30/02 by Hon. John W. Darrah : Status hearing is set for 5/21/02 at 9:00 a.m. Defendant is given leave to file a motion for judgment of the pleadings on or before 5/21/02. Mailed notice (yap) (Entered: 05/06/2002)

April 30, 2002 PACER
10

MOTION by defendant for judgment on the pleadings Memorandum in Support (Attachments); Notice (yap) (Entered: 05/21/2002)

May 20, 2002 PACER
11

MINUTE ORDER of 5/21/02 by Hon. John W. Darrah : Status hearing held and continued to 8/13/02 at 9:00 a.m. Plaintiff's response to defendant's motion for judgment on the pleadings [10-1] to be filed by 6/18/02. Defendant's reply to be filed by 7/9/02. Mailed notice (yap) (Entered: 05/22/2002)

May 21, 2002 PACER
12

RESPONSE by plaintiff to defendant's motion for judgment on the pleadings [10-1]. (gcy) (Entered: 06/19/2002)

June 18, 2002 PACER
13

REPLY memorandum by defendant in support of her motion for judgment on the pleadings [10-1] (Attachments); Notice (yap) Modified on 07/10/2002 (Entered: 07/10/2002)

July 9, 2002 PACER

SCHEDULE set on 7/12/02 by Hon. John W. Darrah : Status hearing set for 8/13/02 is stricken and reset to 2:00 8/12/02 . Mailed notice (ldg)

July 12, 2002 PACER
15

MOTION by plaintiff to defer ruling on defendant's motion for judgment on the pleadings ; Notice (yap) Modified on 09/11/2002 (Entered: 09/11/2002)

Aug. 5, 2002 PACER
14

OBJECTIONS by defendant to plaintiff's motion to defer ruling on defendant's motion for judgment on the pleadings (Attachments); Notice. (gcy) (Entered: 08/07/2002)

Aug. 6, 2002 PACER

SCHEDULE set on 8/13/02 by Hon. John W. Darrah : Status hearing set for 8/12/02 is stricken and reset to 9:00 9/10/02 . Mailed notice (ldg)

Aug. 13, 2002 PACER
16

MINUTE ORDER of 9/10/02 by Hon. John W. Darrah: Plaintiff's motion to defer ruling on defendant's motion for judgment on the pleadings [15-1] is denied. Defendant's motion for judgment on the pleadings [10-1] is granted. Entered Memorandum Opinion and Order. Mailed notice (yap) (Entered: 09/11/2002)

Sept. 10, 2002 PACER
17

NOTICE OF APPEAL by plaintiff from motion minute order [16-2], from Scheduling order Entered Memorandum Opinion and Order. [16-1] ( IFP Pending) (dj) (Entered: 10/10/2002)

Oct. 9, 2002 PACER
18

DOCKETING STATEMENT by plaintiff regarding appeal [17-1] . (dj) (Entered: 10/10/2002)

Oct. 9, 2002 PACER
19

MOTION by plaintiff for leave to appeal in forma pauperis (Attachment); (dj) (Entered: 10/10/2002)

Oct. 9, 2002 PACER

TRANSMITTED to the 7th Circuit the short record on appeal [17-1] . Mailed notice to all counsel. (dj)

Oct. 10, 2002 PACER
20

MINUTE ORDER of 10/11/02 by Hon. John W. Darrah : Motion to appeal in forma pauperis is granted. [19-1] Mailed notice (eav) (Entered: 10/15/2002)

Oct. 11, 2002 PACER
21

ACKNOWLEDGEMENT of receipt of short record on appeal [17-1] USCA 02-3657. (cem) (Entered: 10/15/2002)

Oct. 11, 2002 PACER
22

MINUTE ORDER of 10/16/02 by Hon. John W. Darrah : Entered Memorandum Opinion and Order. Plaintiff's motion to remand is granted in part and denied in part. Plaintiff's state law claims, counts I-V are remanded to state court. This court retained jurisdiction over counts VI and VII. Mailed notice (yap) (Entered: 10/21/2002)

Oct. 16, 2002 PACER
23

SEVENTH CIRCUIT transcript information sheet by plaintiff (ntf) (Entered: 10/23/2002)

Oct. 22, 2002 PACER

TRANSMITTED to the 7th Circuit the long record on appeal no. 02-3657 consisting of 1 volume of pleadings. [17-1] Mailed notice to all counsel. (dj)

Oct. 23, 2002 PACER

SCHEDULE set on 1/31/03 by Hon. John W. Darrah : Status hearing set to 9:00 2/11/03 . Mailed notice (ldg)

Jan. 31, 2003 PACER

SCHEDULE set on 2/5/03 by Hon. John W. Darrah : Status hearing set for 2/11/03 is stricken. Mailed notice (ldg)

Feb. 5, 2003 PACER

SCHEDULE set on 9/9/04 by Hon. John W. Darrah : Status hearing set for 10/27/04 at 9:00 a.m. Mailed notice (maf)

Sept. 9, 2004 PACER
24

MOTION by defendant's attorney to substitute counsel for the director of the Illinois Department of Public Aid ; Notice (las) (Entered: 10/25/2004)

Oct. 21, 2004 PACER
25

MINUTE ORDER of 10/25/04 by Hon. John W. Darrah : Defendant Barry S. Miram's motion to substitute counsel for the director of the Illinois Department of Public Aid is granted [24-1]. Barry S. Maram, in his official capacity as Director of the Illinois Department of Public Aid, is substituted as the successor in office to defendant Jackie Garner; Assistant General Karen Konieczny and Senior Assistant Attorney General John E. Huston are substituted in as additional counsel for defendant; and the appearances of James C. O'Connell and David Adler as attorneys for the Director of the Illinois Department of Public Aid are withdrawn. Mailed notice (las) (Entered: 10/25/2004)

Oct. 25, 2004 PACER

SCHEDULE set on 10/27/04 by Hon. Ian H. Levin : Settlement conference set for 1:30 12/15/04 in courtroom 1342. Client representatives with settlement authority to be present. Mailed notice (smm)

Oct. 27, 2004 PACER
26

REFERRAL ORDER: Case referred to Hon. Ian H. Levin for a settlement conference Mailed notice. (maf) (Entered: 10/27/2004)

Oct. 27, 2004 PACER
27

MINUTE ORDER of 10/27/04 by Hon. John W. Darrah : Status hearing held and continued to 1/4/05 at 9:00 a.m. This case is referred to Magistrate Judge Levin for a settlement conference. Mailed notice (rbf) (Entered: 10/28/2004)

Oct. 27, 2004 PACER
28

ATTORNEY APPEARANCE for defendant Barry S Maram by Karen Konieczny, John E Huston. (rbf) (Entered: 10/28/2004)

Oct. 27, 2004 PACER
29

LETTER from the 7th Circuit returning the record on appeal no. 02-3657 consisting of one volume of pleadings (las) (Entered: 11/02/2004)

Nov. 1, 2004 PACER
30

OPINION from the 7th Circuit: Argued 9/8/03; Decided 9/8/04. ( 02-3657) (las) (Entered: 11/02/2004)

Nov. 1, 2004 PACER
31

CERTIFIED COPY of order from the 7th Circuit: Reversing and remanding the Decision of the District Court [Appeal [17-1] . ( 02-3657) (las) (Entered: 11/02/2004)

Nov. 1, 2004 PACER

SCHEDULE set on 11/16/04 by Hon. John W. Darrah : Status hearing set for 1/4/05 is re-set to 1/18/05 at 9:00 a.m. Mailed notice (maf)

Nov. 16, 2004 PACER

SCHEDULE set on 12/9/04 by Hon. Ian H. Levin : Settlement conference of 12/15/04 is stricken and reset for 1:30 2/23/04 in courtroom 1342 . Mailed notice (smm)

Dec. 9, 2004 PACER

SCHEDULE set on 1/4/05 by Hon. John W. Darrah : Status hearing set for 1/18/05 is re-set to 3/3/05 at 9:00 a.m. Mailed notice (maf)

Jan. 4, 2005 PACER
32

MINUTE entry before Judge Ian H. Levin : To Foster settlement negotiations on joint motion regarding settlement conference reset from 02/23/05 to 4/27/2005 at 01:30 PM. (jlj, ) (Entered: 02/15/2005)

Feb. 15, 2005 PACER
33

MINUTE entry before Judge John W. Darrah : In light of the parties settlement conference before the Magistrate Judge, the 3/3/05 status hearing is re-set to 5/17/05 at 9:00 a.m. Mailed notice (las, ) (Entered: 02/24/2005)

Feb. 23, 2005 PACER
34

MINUTE entry before Judge Ian H. Levin : Settlement conference held on 4/27/2005 Status hearing set for 5/4/2005 at 11:00 AM to report on settlement. Mailed notice (jlj, ) (Entered: 04/27/2005)

April 27, 2005 PACER
35

MINUTE entry before Judge Ian H. Levin: Status hearing on settlement held on 5/4/2005 and continued to 6/6/2005 at 11:00 A.M. for report on settlement. Mailed notice by judge's staff. (srb,) (Entered: 05/04/2005)

May 4, 2005 PACER
36

MINUTE entry before Judge John W. Darrah : Status hearing set for 5/17/05 is re-set to 6/30/05 at 09:00 AM. Mailed notice (maf, ) (Entered: 05/09/2005)

May 9, 2005 PACER
37

MINUTE entry before Judge Ian H. Levin : Status hearing on settlement of 6/6/05 is stricken and reset to 6/27/2005 at 1:00 PM. Mailed notice (smm, ) (Entered: 06/07/2005)

June 6, 2005 PACER
38

MINUTE entry before Judge Ian H. Levin : Status hearing on settlement set for 6/27/2005 at 11:00 AM. Mailed notice (smm, ) (Entered: 06/10/2005)

June 10, 2005 PACER
39

MINUTE entry before Judge John W. Darrah : Status hearing scheduled for 6/30/05 is stricken and reset to 6/28/2005, at 9:00 AM. Mailed notice (eav, ) (Entered: 06/17/2005)

June 16, 2005 PACER
40

MINUTE entry before Judge John W. Darrah : Status hearing set for 6/28/05 is re-set to 9/7/05 at 09:00 AM. Mailed notice (maf, ) (Entered: 06/27/2005)

June 27, 2005 PACER
41

MINUTE entry before Judge Ian H. Levin : Magistrate Judge Status hearing held on 6/27/2005. Status hearing set for 7/27/2005 at 11:00 AM. Mailed notice (smm, ) (Entered: 07/06/2005)

June 27, 2005 PACER
42

MINUTE entry before Judge Ian H. Levin : Magistrate Judge Status hearing held on 7/27/2005. Status hearing on settlement set for 9/16/2005 at 11:00 AM. Mailed notice (smm, ) (Entered: 07/27/2005)

July 27, 2005 PACER
43

MINUTE entry before Judge John W. Darrah : Status hearing set for 9/7/05 is re-set to 9/29/05 at 09:00 AM. Mailed notice (maf, ) (Entered: 09/06/2005)

Sept. 6, 2005 PACER
44

MINUTE entry before Judge Ian H. Levin : Magistrate Judge Status hearing held on 9/16/2005. Status hearing set for 9/23/2005 at 11:00 AM. Mailed notice (smm, ) (Entered: 09/16/2005)

Sept. 16, 2005 PACER
45

MINUTE entry before Judge Ian H. Levin : Magistrate Judge Status hearing held on 9/23/2005. Case settled. All matters relating to the referral of this action having been resolved, the case is returned to the assigned judge. Judge Ian H. Levin no longer referred to the case. Mailed notice (smm, ) (Entered: 09/23/2005)

Sept. 23, 2005 PACER
46

MINUTE entry before Judge John W. Darrah : Status hearing set for 09/29/05 is reset to 10/27/2005 at 09:00 AM. Parties are engaged in settlement. Mailed notice (ar, ) (Entered: 09/27/2005)

Sept. 23, 2005 PACER
47

MINUTE entry before Judge John W. Darrah : Status hearing set for 10/27/05 is re-set to 11/3/2005 at 09:00 AM. Mailed notice (ar, ) (Entered: 09/28/2005)

Sept. 27, 2005 PACER
48

MINUTE entry before Judge John W. Darrah : Status hearing held and continued to 12/6/05 at 9:00 a..m. for either presentation of dismissal order or scheduling for trial. (ntf, ) (Entered: 11/04/2005)

Nov. 3, 2005 PACER
49

MINUTE entry before Judge John W. Darrah : Status hearing held and continued to 03/29/2006 at 09:00 AM. Parties have advised the Court that the case has settled. Plaintiff's opening brief regarding enforcement to be filed by 01/10/06. Response by 02/10/06. Reply by 02/24/06. (ar, ) (Entered: 12/06/2005)

Dec. 6, 2005 PACER
50

MEMORANDUM by Donna Radaszewski, Donna Radaszewski (Megan, Sarah) (Entered: 01/10/2006)

Jan. 10, 2006 PACER
51

RESPONSE by Defendant Barry S Maram to Plaintiff's Memorandum Regarding Enforcement of Settlement Agreement (Huston, John) (Entered: 02/10/2006)

Feb. 10, 2006 PACER
52

MOTION by Plaintiff Donna Radaszewski to seal document (Megan, Sarah) (Entered: 02/23/2006)

Feb. 23, 2006 PACER
53

NOTICE of Motion by Sarah Catherine Megan for presentment of motion to seal document 52 before Honorable John W. Darrah on 2/28/2006 at 09:00 AM. (Megan, Sarah) (Entered: 02/23/2006)

Feb. 23, 2006 PACER
54

REPLY Plaintiff's Reply Memorandum Concerning Enforcement of the Settlement Agreement (Megan, Sarah) (Entered: 02/24/2006)

Feb. 24, 2006 PACER
55

MINUTE entry before Judge John W. Darrah : Plaintiff's motion to for restricting order 52 is granted. The document will be delivered to chambers for the Judge's view only, it will not be filed with the Clerk of Court and it will not be a part of the public record. (ar, ) (Entered: 03/01/2006)

Feb. 28, 2006 PACER
56

MINUTE entry before Judge John W. Darrah: For the reasons stated in the attached memorandum opinion and order, there is no final enforceable settlement agreement between the parties. There presently is no other issue or question of law raised by either of the parties in the briefs upon which this court is empowered to render an opinion. Enter Memorandum Opinion and Order. Status hearing set for 4/19/2006 at 09:00 AM. (vmj, ) (Entered: 03/31/2006)

March 29, 2006 PACER
57

MEMORANDUM Opinion and Order Signed by Judge John W. Darrah on 3/29/2006(vmj, ) (Entered: 03/31/2006)

March 29, 2006 PACER
58

MINUTE entry before Judge John W. Darrah : Status hearing held. Discovery ordered closed on 04/20/2007. Pretrial Conference set for 09/06/2007 at 01:30 PM. Jury Trial set for 09/10/2007 at 09:00 AM. Mailed notice. (ar, ) Modified on 4/20/2006 (ar, ). (Entered: 04/20/2006)

April 19, 2006 PACER
59

MOTION by Defendant Barry S MaramMotion for Entry of Defendant's Prroposed Scheduling Order (Huston, John) (Entered: 05/17/2006)

May 17, 2006 PACER
60

NOTICE of Motion by John E. Huston for presentment of motion for miscellaneous relief 59 before Honorable John W. Darrah on 5/24/2006 at 09:00 AM. (Huston, John) (Entered: 05/17/2006)

May 17, 2006 PACER
61

RESPONSE to Defendant's Motion for Entry of Defendant's Proposed Scheduling Order (Attachments: # 1 Exhibit Form 35 Report of Parties' Planning Meeting)(Megan, Sarah) (Entered: 05/22/2006)

May 22, 2006 PACER
62

AFFIRMATIVE DEFENSES and AMENDED ANSWER to Complaint by Barry S Maram(Huston, John) (Entered: 06/30/2006)

June 30, 2006 PACER
63

MOTION by Defendant Barry S Maram for protective order Governing Discovery Material (Huston, John) (Entered: 08/17/2006)

Aug. 17, 2006 PACER
64

NOTICE of Motion by John E. Huston for presentment of motion for protective order 63 before Honorable John W. Darrah on 8/29/2006 at 09:00 AM. (Huston, John) (Entered: 08/17/2006)

Aug. 17, 2006 PACER
65

RESPONSE to Defendant's Motion for Entry of Protective Order Governing Discovery Material (Megan, Sarah) (Entered: 08/17/2006)

Aug. 17, 2006 PACER
66

MINUTE entry before Judge John W. Darrah : Defendant's motion for entry of a protective order is 63 is denied. (ar, ) (Entered: 08/30/2006)

Aug. 29, 2006 PACER
67

MOTION by Plaintiff Donna Radaszewski to compel Compliance With Discovery (Megan, Sarah) (Entered: 11/10/2006)

Nov. 10, 2006 PACER
68

MOTION by Plaintiff Donna Radaszewski to compel Compliance With Discovery (Attachments: # 1 Memorandum in Support of Motion to Compel# 2 Appendix)(Megan, Sarah) (Entered: 11/10/2006)

Nov. 10, 2006 PACER
69

NOTICE of Motion by Sarah Catherine Megan for presentment of motion to compel 68 before Honorable John W. Darrah on 11/16/2006 at 09:00 AM. (Megan, Sarah) (Entered: 11/10/2006)

Nov. 10, 2006 PACER
70

MINUTE entry before Judge John W. Darrah : Plaintiff's motion to compel compliance with discovery 68 is granted. Defendant is ordered to produce all outstanding materials by 11/30/06. (cdy, ) (Entered: 11/17/2006)

Nov. 16, 2006 PACER
71

MOTION by Defendant Barry S Maram to compel Deposition of Plaintiff Donna Radaszewski (Huston, John) (Entered: 11/22/2006)

Nov. 22, 2006 PACER
72

NOTICE of Motion by John E. Huston for presentment of motion to compel 71 before Honorable John W. Darrah on 11/28/2006 at 09:00 AM. (Huston, John) (Entered: 11/22/2006)

Nov. 22, 2006 PACER
73

MINUTE entry before Judge John W. Darrah : Defendant's motion to compel the deposition of plaintiff Donna Radaszewski is voluntarily withdrawn 71 . (ar, ) (Entered: 11/28/2006)

Nov. 27, 2006 PACER
74

MOTION by Defendant Barry S Maram for sanctions for a Party's Failure to Appear for a Properly Noticed Deposition etc (Huston, John) (Entered: 12/07/2006)

Dec. 7, 2006 PACER
75

NOTICE of Motion by John E. Huston for presentment of motion for sanctions 74 before Honorable John W. Darrah on 12/14/2006 at 09:00 AM. (Huston, John) (Entered: 12/07/2006)

Dec. 7, 2006 PACER
76

MOTION by Plaintiff Donna Radaszewski for extension of time to Complete Fact Discovery (Megan, Sarah) (Entered: 12/07/2006)

Dec. 7, 2006 PACER
77

NOTICE of Motion by Sarah Catherine Megan for presentment of motion for extension of time 76 before Honorable John W. Darrah on 12/14/2006 at 09:00 AM. (Megan, Sarah) (Entered: 12/07/2006)

Dec. 7, 2006 PACER
78

RESPONSE by Donna Radaszewski in Opposition to MOTION by Defendant Barry S Maram for sanctions for a Party's Failure to Appear for a Properly Noticed Deposition etc 74 (Attachments: # 1 # 2)(Abarbanel, Eliot) (Entered: 12/12/2006)

Dec. 12, 2006 PACER
79

OBJECTIONS by Barry S Maram to MOTION by Plaintiff Donna Radaszewski for extension of time to Complete Fact Discovery 76 (Huston, John) (Entered: 12/12/2006)

Dec. 12, 2006 PACER
80

MINUTE entry before Judge John W. Darrah : Defendant's motion for sanctions 74 is denied. However, plaintiff is ordered to complete a deposition by 1/16/07. Plaintiff's motion for an enlargement of time to complete fact discovery 76 is granted. Fact discovery is extended to 01/26/07. All future discovery disputes and discovery motions are referred to the Magistrate Judge. (ar, ) (Entered: 12/15/2006)

Dec. 14, 2006 PACER
82

EXECUTIVE COMMITTEE ORDER:Case referred to Magistrate Judge Sidney I. Schenkier for discovery supervision. Signed by Executive Committee on 12/18/06. (cem, ) (Entered: 12/20/2006)

Dec. 18, 2006 PACER
81

MINUTE entry before Judge Sidney I. Schenkier : Status hearing set for 1/4/2007 at 09:00 AM.Mailed notice (jms, ) (Entered: 12/19/2006)

Dec. 19, 2006 PACER
83

MINUTE entry before Judge Sidney I. Schenkier : Status hearing held and continued to 1/30/2007 at 09:00 AM.Mailed notice (mmm, ) (Entered: 01/04/2007)

Jan. 4, 2007 PACER
84

MOTION to quash Subpoena to Non-Party Theresa Dederer (Attachments: # 1 Exhibit A and B# 2 Exhibit C, Part 1# 3 Exhibit C, Part 2# 4 Exhibit C, Part 3)(Huston, John) (Entered: 01/05/2007)

Jan. 5, 2007 PACER
85

NOTICE of Motion by John E. Huston for presentment of motion to quash 84 before Honorable Sidney I. Schenkier on 1/11/2007 at 08:30 AM. (Huston, John) (Entered: 01/05/2007)

Jan. 5, 2007 PACER

State / Territory: Illinois

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Olmstead Cases

Key Dates

Filing Date: Dec. 14, 2001

Closing Date: 2008

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Individual with developmental and physical disabilities.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

NDRN/Protection & Advocacy Organizations

Legal Services/Legal Aid

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Director of the Illinois Department of Public Aid, State

Defendant Type(s):

Hospital/Health Department

Case Details

Causes of Action:

42 U.S.C. § 1983

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

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

State law

Constitutional Clause(s):

Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Order Duration: 2008 - None

Content of Injunction:

Preliminary relief denied

Issues

General:

Funding

Government Services

Payment for care

Disability:

disability, unspecified

Medical/Mental Health:

Medical care, general

Medical care, unspecified

Benefit Source:

Medicaid