Case: Ligas v. Maram [now Ligas v. Hamos]

1:05-cv-04331 | U.S. District Court for the Northern District of Illinois

Filed Date: July 28, 2005

Case Ongoing

Clearinghouse coding complete

Case Summary

On July 28, 2005, nine individuals with developmental disabilities filed this lawsuit against the Illinois Department of Healthcare and Family Services, the Illinois Department of Human Services, and the Illinois Department of Public Health in the United States District Court for the Northern District of Illinois. They alleged that they were eligible for long term care through state administered Medicaid Services but were forced to reside in large congregate care institutions rather than commu…

On July 28, 2005, nine individuals with developmental disabilities filed this lawsuit against the Illinois Department of Healthcare and Family Services, the Illinois Department of Human Services, and the Illinois Department of Public Health in the United States District Court for the Northern District of Illinois. They alleged that they were eligible for long term care through state administered Medicaid Services but were forced to reside in large congregate care institutions rather than community based facilities as a condition of receiving care in violation of the Americans with Disabilities Act, the Medicaid Act, the Rehabilitation Act, and 42 U.S.C. § 1983. They sought declaratory and injunctive relief.

A group of developmentally disabled individuals who could receive community-based care but did not wish to do so sought to intervene. On December 22, 2005, the district court (Judge James F. Holderman) denied this petition on the grounds that their rights were not at issue in the case. This group appealed, but on February 15, 2007, the Seventh Circuit Court of Appeals (Judges Easterbrook, Kanne, and Williams) affirmed the district court. On March 7, 2006, the district court (Judge Holderman) certified a class consisting of all persons in Illinois with developmental disabilities who qualified for long term care and were capable of being cared for in a community based facility but were either institutionalized in large congregate care facilities or at risk of being so institutionalized.

The parties reached agreement on a consent decree and submitted it to the court on November 13, 2008. Numerous objections were filed by those who feared they would be forced into community based care or that institutionalized care would suffer because of the consent decree. On July 7, 2009, the court (Judge Holderman) refused to approve the consent decree and decertified the class on the grounds that the named plaintiffs did not represent class members who either were not eligible for community based treatment or did not wish to have such treatment. On August 31, 2009, the plaintiffs filed a second amended complaint narrowing the proposed class to only those individuals who had requested community based placements.

On January 25, 2010, the parties filed a revised consent decree and motion for class certification. On January 26, 2010, the United States filed a Statement of Interest in support of the revised consent decree. A number of previous objectors sought to intervene and on April 7, 2010, the court (Judge Holderman) granted their motion for limited intervention. The parties and the intervenors proceeded to negotiate and on January 11, 2011, the parties and intervenors filed a motion for class certification and preliminary approval of a new consent decree. The court (Judge Holderman) granted these motions on January 13, 2011. The consent decree provided for increased placement of developmentally disabled individuals into community based treatment programs should they desire it, a statewide database and waitlist, and the development of transition service plans. It also contained measures protecting institutionalized care, and called for various benchmarks and the appointment of a monitor. Judge Holderman approved the consent decree on June 15, 2011.

Since monitoring began in 2011, the monitor, Tony Records, had filed three yearly reports, reporting one major instance of noncompliance in 2012 when an intermediate care facility serving 205 individuals closed quickly and residents were transitioned to new placements without the protected processes required by the consent decree. The 2013 report noted concerns about reimbursement to intermediate care facilities and other issues that would require additional efforts by the defendants.

On June 17, 2015, the court Executive Committee reassigned the case to Judge Sharon Johnson Coleman because Judge Holderman retired.

In June of 2015, the Illinois state legislature faced a budget crisis, so the court (Judge Coleman), approved the parties' Agreed Order on June 30, 2015, that even in the absence of an FY2016 budget, the state of Illinois would continue to pay all service providers covered under the consent decree. However, in an order issued August 18, 2015, Judge Coleman noted that in absence of a state budget, the State Comptroller had issued letters describing the state's intent to only pay for services provided to members of the class covered by the consent decree. Since many services providers work with both class members and non-class members across the population with developmental disabilities, this practice put the entire population at risk, and Judge Coleman ordered that the state continue timely payments for all service providers. In response to an emergency motion filed by plaintiffs and intervenors, Judge Coleman issued another order on September 1, 2015, again ordering the state to make timely payments for services to individuals with developmental disabilities in the interim until the state passed an FY 2016 budget. On June 22, 2016, Plaintiffs and Defendants submitted a proposed Agreed Order which would order the State to continue to pay for all services and personnel required by the consent decree during FY 2017. Judge Johnson Coleman granted the order on June 28, 2016, requiring the State to provide funding in the absence of a FY 2017 budget.

The Monitor's Fourth Annual Report, submitted in January 2016, indicated several concerns over the State's financial status and its impact on resources available to implement the decree, particularly with respect to shortages staff members able to provide adequate services to class members in the community. This was true despite defendants' efforts to implement the terms of the decree. The Fifth Annual Report, filed in January of 2017, indicated that there had been no improvement with respect to direct service provider shortages over the past year. It also noted that, because of staffing shortages, the availability of small community assisted living homes was actually decreasing. Another concern noted was the availability of adequate day activity and employment programs.

Citing the Monitor's findings, on April 7, 2017, plaintiffs and intervenors filed a joint motion to enforce the consent decree. They indicated that a major reason behind defendants' failure to properly implement the decree was the State's inadequate reimbursement rates. On August 11, 2017, Judge Coleman granted the motion, finding that defendants had failed to provide class members by failing to provide them with resources of sufficient quality, scope, and variety. On August 18, 2017, she ordered defendants to devise a plan to address the issues causing the reduction in services and to bring the State into substantial compliance.

Defendants attempted to formulate a compliance plan that would meet the consent decree's standards and be practical given the State's budgetary constraints. On March 30, 2018, and April 11, 2018, defendants submitted status reports in which they described actions taken to bring the State into compliance. Judge Coleman found that the State's efforts did not bring it into compliance in a June 6, 2018, order. The order did recognize a "good faith effort" on the part of the defendants consisting of:

  • A pilot program to expand access to direct support professionals (DSPs).
  • Funding increases for DSPs.
  • Enhanced monitoring of service delivery.
  • Additional programmatic improvements.

Judge Coleman directed defendants to "develop adequate solutions" to the continuing problems.

A status hearing was held on July 10, 2018, where the parties reported on the progress addressing four primary areas to bring the State in compliance with the consent decree.

On September 12, 2018, the monitor reported on the progress of the parties. A Rates Methodology Oversight Committee has been established and a meeting schedule has been set. A draft tool for a quality monitoring program has also been developed. As of November 15, the State of Illinois has not approved the implementation of the draft tool

On May 10, 2019, the monitor reported that the parties have made progress on most issues, including implementing the monitoring compliance tool. However, concerns remain regarding the timeline for hiring the third-party vendor.

On November 14, 2019, the monitor reported that federal CMS has approved the 3.5% increase for community-based providers, which will implement a rate increase to $13.00/hour, and that it expects the process for approval of the 3.5% rate increase for ICF-DD providers will continue into January 2020.

The next status hearing is set for January 17, 2020 and the case is ongoing.

Summary Authors

Michael Perry (2/18/2011)

Kate Craddock (11/15/2015)

Lauren Latterell Powell (1/2/2018)

Timothy Leake (10/11/2018)

Sichun Liu (1/13/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5407052/parties/ligas-v-eagleson/


Judge(s)

Ashman, Martin C. (Illinois)

Castillo, Rubén (Illinois)

Cole, Jeffrey N. (Illinois)

Coleman, Sharon Johnson (Illinois)

Easterbrook, Frank Hoover (Illinois)

Holderman, James F. (Illinois)

Kanne, Michael Stephen (Indiana)

Williams, Ann Claire (Illinois)

Wood, Andrea Robin (Illinois)

Attorneys(s) for Plaintiff

Antholt, Amanda C. (Illinois)

Judge(s)

Ashman, Martin C. (Illinois)

Castillo, Rubén (Illinois)

Cole, Jeffrey N. (Illinois)

Coleman, Sharon Johnson (Illinois)

Easterbrook, Frank Hoover (Illinois)

Holderman, James F. (Illinois)

Kanne, Michael Stephen (Indiana)

Williams, Ann Claire (Illinois)

Wood, Andrea Robin (Illinois)

Attorneys(s) for Plaintiff

Antholt, Amanda C. (Illinois)

Dalenberg, Heidi (Illinois)

Enerson, Wendy N. (Illinois)

Gran, Judith A. (Pennsylvania)

Grossbart, John I. (Illinois)

Hartman, Kendra Kekelis (Illinois)

Lapertosa, Max (Pennsylvania)

Linsenmaier, Samuel Phillip (Illinois)

Lowy, Barry G. (Illinois)

Miller, Laura J. (Illinois)

Mullen, Edward B. III (Illinois)

Shapiro, Corey M. (Illinois)

Taylor, Barry Charlton (Illinois)

Walden, Kenneth M. (Illinois)

Werner, Patricia A. (Illinois)

Whitcomb, John W. (Illinois)

Wolf, Benjamin S. (Illinois)

Attorneys(s) for Defendant

Arnold, Michael D. (Illinois)

Flahaven, Kathleen K. (Illinois)

Gange, Christopher (Illinois)

Gangemi, Columbus R. Jr. (Illinois)

Huston, John E. (Illinois)

Ioppolo, Thomas A. (Illinois)

Konieczny, Karen (Illinois)

Stratton, Brent Douglas (Illinois)

Walker, Eric Emerson (Illinois)

Welsh, Mary E. (Illinois)

Other Attorney(s)

Airdo, Michael Anthony (Illinois)

Anderson, Erik Joseph (Illinois)

Arden, James Daniel (New York)

Baker, Warren Von C. (Illinois)

Bingle, Robert J. (Illinois)

Breen, Philip L. (District of Columbia)

Brown, Burton A. (Illinois)

Burke, Kevin Francis (Illinois)

Choslovsky, William (Illinois)

Crain, William P. (Illinois)

Ducayet, James Wallace (Illinois)

Gallagher, Daniel Francis (Illinois)

Haley, Colin M. (Illinois)

Johnson, Patrick Walter (Illinois)

Kiser, Thomas J. (Illinois)

Laser, Joan (Illinois)

Lundy, Jason T. (Illinois)

Lynn, Nicholas James (Illinois)

Mahoney, Patrick E. (Illinois)

Maisels, Amanda (District of Columbia)

Marks, Jason Michael (Illinois)

Mendel, Scott M. (Illinois)

Monberg, Jeffrey Mark (Illinois)

Murer, Matthew Joseph (Illinois)

O'Malley, Richard Francis (Illinois)

Rato, Michael (New York)

Relias, Alexandra Catherine (Illinois)

Riley, Barbara A. (Illinois)

Schriver, John T. (Illinois)

Sherwin, Judith Schwartz (Illinois)

Stalmack, Kathryn M. (Illinois)

Thomas, Melissa A. (Illinois)

Wodatch, John L. (District of Columbia)

Wohlenhaus, Renee M. (District of Columbia)

Expert/Monitor/Master

Cohn, Ronnie (Illinois)

Records, Tony (Maryland)

Documents in the Clearinghouse

Document

06-01327

Docket

Ligas v. Maram

U. S. Court of Appeals for the Seventh Circuit

March 19, 2007

March 19, 2007

Docket

1:05-cv-04331

Docket [PACER]

Ligas v. Eagleson

March 3, 2020

March 3, 2020

Docket
61

1:05-cv-04331

PLAINTIFFS' RENEWED MOTION FOR CLASS CERTIFICATION

Ligas v. Maram

Jan. 10, 2006

Jan. 10, 2006

Pleading / Motion / Brief
86

1:05-cv-04331

MEMORANDUM OPINION AND ORDER REGARDING CLASS CERTIFICATION

Ligas v. Maram

2006 WL 644474

March 7, 2006

March 7, 2006

Order/Opinion
91

1:05-cv-04331

First Amended Complaint

Ligas v. Maram

April 26, 2006

April 26, 2006

Complaint

06-01327

Opinion (Affirming the order of the district court to deny intervention)

Ligas v. Maram

U. S. Court of Appeals for the Seventh Circuit

478 F.3d 771

Feb. 15, 2007

Feb. 15, 2007

Order/Opinion
295

1:05-cv-04331

[PROPOSED] CONSENT DECREE

Ligas v. Maram

Nov. 8, 2008

Nov. 8, 2008

Settlement Agreement
420

1:05-cv-04331

Order Decertifying Ligas Class

Ligas v. Maram

2009 WL 9057733

July 7, 2009

July 7, 2009

Order/Opinion
436

1:05-cv-04331

SECOND AMENDED COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF

Ligas v. Maram

Aug. 31, 2009

Aug. 31, 2009

Complaint
458

1:05-cv-04331

STATEMENT OF INTEREST OF THE UNITED STATES OF AMERICA

Ligas v. Maram

Jan. 26, 2010

Jan. 26, 2010

Pleading / Motion / Brief

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5407052/ligas-v-eagleson/

Last updated May 28, 2022, 3:07 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF filed by David Childers, Isaiah Fair, Adam Kulig, Jamie McElroy, Stanley Ligas, Tiffany McFadden, Alex Tyner, Jennifer Wilson, Lorene Bierman.(jmm, ) (Entered: 07/29/2005)

July 28, 2005

July 28, 2005

PACER
2

CIVIL Cover Sheet. (jmm, ) (Entered: 07/29/2005)

July 28, 2005

July 28, 2005

PACER
5

SUMMONS Issued, six originals and six copies as to Defendants Barry S Maram, Carol L Adams, Eric E Whitaker. (jmm, ) (Entered: 07/29/2005)

July 28, 2005

July 28, 2005

PACER
7

SUMMONS Returned Executed by David Childers, Isaiah Fair, Adam Kulig, Jamie McElroy, Stanley Ligas, Tiffany McFadden, Alex Tyner, Jennifer Wilson, Lorene Bierman as to Barry S Maram on 7/28/2005, answer due 8/17/2005. (jmm, ) (Entered: 08/04/2005)

July 28, 2005

July 28, 2005

PACER
3

ATTORNEY Appearance for Plaintiffs David Childers, Isaiah Fair, Adam Kulig, Jamie McElroy, Stanley Ligas, Tiffany McFadden, Alex Tyner, Jennifer Wilson, Lorene Bierman by Barry G. Lowy, Benjamin S. Wolf, Kenneth M Walden, Max P Lapertosa, Kendra Kekelis Hartman, John I. Grossbart, Laura J. Miller, Barry Charlton Taylor, John Warren Whitcomb. (jmm, ) (Entered: 08/24/2005)

July 28, 2005

July 28, 2005

PACER
8

SUMMONS Returned Executed by David Childers, Isaiah Fair, Adam Kulig, Jamie McElroy, Stanley Ligas, Tiffany McFadden, Alex Tyner, Jennifer Wilson, Lorene Bierman as to Carol L Adams on 7/28/2005, answer due 8/17/2005. (jmm, ) (Entered: 08/04/2005)

Aug. 1, 2005

Aug. 1, 2005

PACER
6

SUMMONS Returned Executed by David Childers, Isaiah Fair, Adam Kulig, Jamie McElroy, Stanley Ligas, Tiffany McFadden, Alex Tyner, Jennifer Wilson, Lorene Bierman as to Eric E Whitaker on 7/28/2005, answer due 8/17/2005. (jmm, ) (Entered: 08/04/2005)

Aug. 4, 2005

Aug. 4, 2005

PACER
12

ATTORNEY Appearance for Defendant Barry S Maram by Christopher Samuel Gange, John E. Huston, Karen Elaine Konieczny. (jmm, ) (Entered: 08/09/2005)

Aug. 5, 2005

Aug. 5, 2005

PACER
16

APPLICATION for Leave to Appear Pro Hac Vice on behalf of David Childers, Isaiah Fair, Adam Kulig, Jamie McElroy, Stanley Ligas, Tiffany McFadden, Alex Tyner, Jennifer Wilson, Lorene Bierman by Judith A. Gran; Order entered granting leave by James F. Holderman. Filing fee $ 100 paid, receipt number 10636760. (jmm, ) (Entered: 09/07/2005)

Aug. 5, 2005

Aug. 5, 2005

PACER
9

MOTION by Plaintiffs for class certification(gma, ) (Entered: 08/09/2005)

Aug. 8, 2005

Aug. 8, 2005

PACER
10

NOTICE of Motion by all plaintiffs for presentment of MOTION by Plaintiffs for class certification 9 before Honorable James F. Holderman on 8/18/2005 at 09:00 AM. (gma, ) (Entered: 08/09/2005)

Aug. 8, 2005

Aug. 8, 2005

PACER
11

MEMORANDUM OF LAW by plaintiffs in support of MOTION by Plaintiffs for class certification 9 (gma, ) (Entered: 08/09/2005)

Aug. 8, 2005

Aug. 8, 2005

PACER
13

MOTION by Defendant to enlarge time to answer or otherwise plead (gma, ) (Entered: 08/16/2005)

Aug. 15, 2005

Aug. 15, 2005

PACER
14

NOTICE of Motion by all defendants for presentment of MOTION by Defendant to enlarge time to answer or otherwise plead 13 before Honorable James F. Holderman on 8/18/2005 at 09:00 AM. (gma, ) (Entered: 08/16/2005)

Aug. 15, 2005

Aug. 15, 2005

PACER
15

ATTORNEY Appearance for Defendants Barry S Maram, Carol L Adams, Eric E Whitaker by Kathleen Kreisel Flahaven, Brent Douglas Stratton, Thomas A. Ioppolo. (jmm, ) Modified on 5/7/2008 (ef, ). (Entered: 08/17/2005)

Aug. 15, 2005

Aug. 15, 2005

PACER
17

MINUTE entry before Judge James F. Holderman : Status held. Defendant's motion for extension of time to answer or otherwise plead 13 is granted. Defendants to answer or otherwise plead on or before 09/14/05. Response to motion to certify class 9 due 09/14/05. No reply date is being set at this time. Case set for further status 09/15/05 at 9:00 a.m. for either setting a reply date and entering a discovery schedule. No notice - parties advised in open court. (mak, ) (Entered: 09/13/2005)

Aug. 18, 2005

Aug. 18, 2005

PACER

Set Deadlines/Hearings Status hearing set for 9/15/2005 at 09:00 AM. (mak, )

Aug. 18, 2005

Aug. 18, 2005

PACER
18

UNOPPOSED MOTION by Defendant Barry S. Maram to enlarge time to answer or otherwise plead and to respond to motion for class certification. (vcf, ) (Entered: 09/14/2005)

Sept. 13, 2005

Sept. 13, 2005

PACER
19

NOTICE of Motion by Barry S Maram for presentment of unopposed motion to to enlarge time to answer or otherwise plead and to respond to motion for class certification 18 before Honorable James F. Holderman on 9/15/2005 at 09:00 AM. (vcf, ) (Entered: 09/14/2005)

Sept. 13, 2005

Sept. 13, 2005

PACER
20

MINUTE entry before Judge James F. Holderman: Defendant's motion for extension of time to answer or otherwise plead and to respond to motion for class certification 18 is granted. Defendants to answer or otherwise plead by 09/21/05. Defendants to respond to motion for class certification 9 by 9/28/2005. Status hearing set for 10/04/05 at 9:00 a.m. No notice (mak, ) (Entered: 09/20/2005)

Sept. 15, 2005

Sept. 15, 2005

PACER

Set Deadlines/Hearings Status hearing set for 10/4/2005 at 09:00 AM. (mak, )

Sept. 20, 2005

Sept. 20, 2005

PACER
21

ANSWER and affirmative defenses to Complaint for declaratory and injunctive relief by Barry S Maram, Carol L Adams.(jmm, ) (Entered: 09/23/2005)

Sept. 21, 2005

Sept. 21, 2005

PACER
22

MOTION by Defendants for enlargement of time to respond to motion for class certification(gma, ) (Entered: 09/27/2005)

Sept. 27, 2005

Sept. 27, 2005

PACER
23

NOTICE of Motion by Brent Douglas Stratton for presentment of MOTION by Defendants for enlargement of time to respond to motion for class certification 22 before Honorable James F. Holderman on 9/29/2005 at 09:00 AM. (gma, ) (Entered: 09/27/2005)

Sept. 27, 2005

Sept. 27, 2005

PACER
24

MINUTE entry before Judge James F. Holderman: Defendant's motion for enlargement of time to respond to motion for class certification 22 is granted. Defendant's response to motion for class certification 9 is to be filed and served no later than 10/18/05. Status hearing reset for 10/27/05 at 9:00 a.m. No notice (jmm, ) (Entered: 09/30/2005)

Sept. 28, 2005

Sept. 28, 2005

PACER

Set Deadlines/Hearings Status hearing reset for 10/27/2005 at 09:00 AM. (mak, )

Sept. 30, 2005

Sept. 30, 2005

PACER
25

ATTORNEY Appearance (Schriver, John) (Entered: 10/04/2005)

Oct. 4, 2005

Oct. 4, 2005

PACER
26

MOTION by Intervenor Illinois Health Care Association to intervene (Schriver, John) (Entered: 10/04/2005)

Oct. 4, 2005

Oct. 4, 2005

PACER
27

NOTICE of Motion by John T. Schriver for presentment of motion to intervene 26 before Honorable James F. Holderman on 10/11/2005 at 09:00 AM. (Schriver, John) (Entered: 10/04/2005)

Oct. 4, 2005

Oct. 4, 2005

PACER
28

ATTORNEY Appearance for Intervenor Illinois Health Care Association by Nicholas James Lynn (Lynn, Nicholas) (Entered: 10/06/2005)

Oct. 6, 2005

Oct. 6, 2005

PACER
29

ATTORNEY Appearance for Intervenor Illinois Health Care Association by Nicholas James Lynn (Lynn, Nicholas) (Duplicate Filing of Document# 28) Modified on 10/7/2005 (gma, ). (Entered: 10/06/2005)

Oct. 6, 2005

Oct. 6, 2005

PACER
31

MINUTE entry before Judge James F. Holderman: Responses to Motion to Intervene by Illinois Health Case Association 26 due 10/25/05. Status hearing set for 10/27/05 at 9:00 a.m. to see what needs to be briefed. Mailed notice (mak, ) (Entered: 10/14/2005)

Oct. 11, 2005

Oct. 11, 2005

PACER

Set Deadlines/Hearings Status hearing set for 10/27/2005 at 09:00 AM. (mak, )

Oct. 11, 2005

Oct. 11, 2005

PACER
30

STIPULATION of Dismissal of Defendant Eric E. Whitaker (Hartman, Kendra) (Entered: 10/12/2005)

Oct. 12, 2005

Oct. 12, 2005

PACER
32

MINUTE entry before Judge James F. Holderman : Pursuant to stipulation of voluntary dismissal without prejudice of defendant Eric E. Whitaker 30, Eric E. Whitaker is dismissed without prejudice and without costs to any party. Eric E Whitaker terminated. Mailed notice (ar, ) (Entered: 10/17/2005)

Oct. 14, 2005

Oct. 14, 2005

PACER
33

ATTORNEY Appearance (O'Malley, Richard) (Entered: 10/18/2005)

Oct. 18, 2005

Oct. 18, 2005

PACER
34

MEMORANDUM by Barry S Maram, Carol L Adams in Opposition to Plaintiffs' Motion for Class Certification (Attachments: # 1)(Stratton, Brent) (Entered: 10/18/2005)

Oct. 18, 2005

Oct. 18, 2005

PACER
35

ATTORNEY Appearance for Intervenor Parties Camille Baranchik, Maureen Bradish, Daniel Brown, Deborah Brown, Anne Golden, Samuel Golden, Edward Grossman, Marianna Grossman, Timothy Kiesow, Becky Levy, Diane Levy, Edward Levy, Rosemary Lopez, Anne Marie McKee, Wendy Schuppan, David Swain, Douglas Swain, Jennifer Westberg by James Wallace Ducayet (Ducayet, James) (Entered: 10/18/2005)

Oct. 18, 2005

Oct. 18, 2005

PACER
36

NOTICE by all defendants re memorandum in opposition to motion 34 re filing and certificate of service (Stratton, Brent) (Entered: 10/18/2005)

Oct. 18, 2005

Oct. 18, 2005

PACER
37

MOTION by Intervenor Parties Camille Baranchik, Maureen Bradish, Daniel Brown, Deborah Brown, Anne Golden, Samuel Golden, Edward Grossman, Marianna Grossman, Timothy Kiesow, Becky Levy, Diane Levy, Edward Levy, Rosemary Lopez, Anne Marie McKee, Wendy Schuppan, David Swain, Douglas Swain, Jennifer Westberg to intervene (Ducayet, James) (Entered: 10/18/2005)

Oct. 18, 2005

Oct. 18, 2005

PACER
38

NOTICE of Motion by James Wallace Ducayet for presentment of motion to intervene, 37 before Honorable James F. Holderman on 10/27/2005 at 09:00 AM. (Ducayet, James) (Entered: 10/18/2005)

Oct. 18, 2005

Oct. 18, 2005

PACER
39

MEMORANDUM by Camille Baranchik, Maureen Bradish, Daniel Brown, Deborah Brown, Anne Golden, Samuel Golden, Edward Grossman, Marianna Grossman, Timothy Kiesow, Becky Levy, Diane Levy, Edward Levy, Rosemary Lopez, Anne Marie McKee, Wendy Schuppan, David Swain, Douglas Swain, Jennifer Westberg in Support of motion to intervene, 37 Pursuant to Fed. R. Civ. P. 24 (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit B-1)(Ducayet, James) (Entered: 10/18/2005)

2 Exhibit A

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3 Exhibit B

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4 Exhibit B-1

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Oct. 18, 2005

Oct. 18, 2005

PACER
40

MEMORANDUM by David Childers, Isaiah Fair, Adam Kulig, Jamie McElroy, Stanley Ligas, Tiffany McFadden, Alex Tyner, Jennifer Wilson, Lorene Bierman in Opposition to Petition to Intervene by Illinois Health Care Association (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C)(Lapertosa, Max) (Entered: 10/20/2005)

2 Exhibit A

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3 Exhibit B

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4 Exhibit C

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Oct. 20, 2005

Oct. 20, 2005

PACER
41

NOTICE by David Childers, Isaiah Fair, Adam Kulig, Jamie McElroy, Stanley Ligas, Tiffany McFadden, Alex Tyner, Jennifer Wilson, Lorene Bierman re memorandum in opposition to motion, 40 to intervene by Illinois Health Care Association (Lapertosa, Max) (Entered: 10/20/2005)

Oct. 20, 2005

Oct. 20, 2005

PACER
49

APPLICATION for Leave to Appear Pro Hac Vice on behalf of proposed intervenors by James D. Arden; Order entered granting leave by James F. Holderman. Filing fee $50.00 paid, receipt number 10423687. (ar, ) (Entered: 10/31/2005)

Oct. 21, 2005

Oct. 21, 2005

PACER
50

APPLICATION for Leave to Appear Pro Hac Vice on behalf of proposed intervenors by Michael Rato; Order entered granting leave by James F. Holderman. Filing fee $50.00 paid, receipt number 10423687 (ar, ) (Entered: 10/31/2005)

Oct. 21, 2005

Oct. 21, 2005

PACER
42

RESPONSE ANSWER to Complaint by Illinois Health Care Association(Schriver, John) (Entered: 10/24/2005)

Oct. 24, 2005

Oct. 24, 2005

PACER
43

MOTION to intervene (Choslovsky, William) (Entered: 10/25/2005)

Oct. 25, 2005

Oct. 25, 2005

PACER
44

NOTICE of Motion by William Choslovsky for presentment of motion to intervene 43 before Honorable James F. Holderman on 10/27/2005 at 09:00 AM. (Choslovsky, William) (Entered: 10/25/2005)

Oct. 25, 2005

Oct. 25, 2005

PACER
45

ATTORNEY Appearance for Intervenor Parties Thomas Patrick Arundel, Gregory Boland, Timothy Bolin, Jeffrey Dralle, Chris Hanley, Kirk Hartemayer, Thomas Kerrigan, Craig Miller, Kevin O'Boyle, Jennifer Turry, John Ward, Kristin Ward, Elizabeth Flesch by William Choslovsky (Choslovsky, William) (Entered: 10/25/2005)

Oct. 25, 2005

Oct. 25, 2005

PACER
46

RESPONSE by Barry S Maram, Carol L Adams in Opposition to MOTION by Intervenor Illinois Health Care Association to intervene 26 (Stratton, Brent) (Entered: 10/25/2005)

Oct. 25, 2005

Oct. 25, 2005

PACER
47

MEMORANDUM by Thomas Patrick Arundel, Gregory Boland, Timothy Bolin, Jeffrey Dralle, Chris Hanley, Kirk Hartemayer, Thomas Kerrigan, Craig Miller, Kevin O'Boyle, Jennifer Turry, John Ward, Kristin Ward, Elizabeth Flesch in Support of motion to intervene 43 (Attachments: # 1 Exhibit 1-Part 1# 2 Exhibit 1-Part 2# 3 Exhibit 2)(Choslovsky, William) (Entered: 10/25/2005)

2 Exhibit 1-Part 1

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3 Exhibit 1-Part 2

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4 Exhibit 2

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Oct. 25, 2005

Oct. 25, 2005

PACER
48

RESPONSE by Intervenor Parties Thomas Patrick Arundel, Gregory Boland, Timothy Bolin, Jeffrey Dralle, Chris Hanley, Kirk Hartemayer, Thomas Kerrigan, Craig Miller, Kevin O'Boyle, Jennifer Turry, John Ward, Kristin Ward, Elizabeth Flesch to motion to certify class 9 (Attachments: # 1 Exhibit 1-Part 1# 2 Exhibit 1-Part 2)(Choslovsky, William) (Entered: 10/25/2005)

2 Exhibit 1-Part 1

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3 Exhibit 1-Part 2

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Oct. 25, 2005

Oct. 25, 2005

PACER
51

MINUTE entry before Judge James F. Holderman : Status hearing held on 10/27/2005. Plaintiffs' motion cor class certification 9 is moot at this time. On the pending motions to intervene 43 37 26, responses due by 11/15/2005; Replies due by 12/1/2005. Mailed notice (am) (Entered: 10/31/2005)

Oct. 27, 2005

Oct. 27, 2005

PACER
52

MEMORANDUM by Barry S Maram, Carol L Adams in Opposition to motion to intervene, 37, filed by Golden Intervenors (Stratton, Brent) (Entered: 11/17/2005)

Nov. 17, 2005

Nov. 17, 2005

PACER
53

MEMORANDUM by Barry S Maram, Carol L Adams in Opposition to motion to intervene 43, filed by the Residents of Misericordia (Stratton, Brent) (Entered: 11/17/2005)

Nov. 17, 2005

Nov. 17, 2005

PACER
54

MEMORANDUM by David Childers, Isaiah Fair, Adam Kulig, Jamie McElroy, Stanley Ligas, Tiffany McFadden, Alex Tyner, Jennifer Wilson, Lorene Bierman in Opposition to Motions to Intervene of Misericordia and Golden Parents (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D)(Lapertosa, Max) (Entered: 11/17/2005)

2 Exhibit A

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3 Exhibit B

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4 Exhibit C

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5 Exhibit D

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Nov. 17, 2005

Nov. 17, 2005

PACER
55

NOTICE by David Childers, Isaiah Fair, Adam Kulig, Jamie McElroy, Stanley Ligas, Tiffany McFadden, Alex Tyner, Jennifer Wilson, Lorene Bierman re memorandum in opposition, 54 to motions to intervene of Misericordia and Golden parents (Lapertosa, Max) (Entered: 11/17/2005)

Nov. 17, 2005

Nov. 17, 2005

PACER
58

ATTORNEY Appearance for Intervenor Parties Illinois Health Care Association, Camille Baranchik, Maureen Bradish, Daniel Brown, Deborah Brown, Anne Golden, Samuel Golden, Edward Grossman, Marianna Grossman, Timothy Kiesow, Becky Levy, Diane Levy, Edward Levy, Rosemary Lopez, Anne Marie McKee, Wendy Schuppan, David Swain, Douglas Swain, Jennifer Westberg, Thomas Patrick Arundel, Gregory Boland, Timothy Bolin, Jeffrey Dralle, Chris Hanley, Kirk Hartemayer, Thomas Kerrigan, Craig Miller, Kevin O'Boyle, Jennifer Turry, John Ward, Kristin Ward, Elizabeth Flesch, Residents of Misericordia by Patrick E. Mahoney. (cem, ) (Entered: 12/02/2005)

Nov. 30, 2005

Nov. 30, 2005

PACER
56

REPLY by Camille Baranchik, Maureen Bradish, Daniel Brown, Deborah Brown, Anne Golden, Samuel Golden, Edward Grossman, Marianna Grossman, Timothy Kiesow, Becky Levy, Diane Levy, Edward Levy, Rosemary Lopez, Anne Marie McKee, Wendy Schuppan, David Swain, Douglas Swain, Jennifer Westbergin Support of MOTION by Intervenor Parties Camille Baranchik, Maureen Bradish, Daniel Brown, Deborah Brown, Anne Golden, Samuel Golden, Edward Grossman, Marianna Grossman, Timothy Kiesow, Becky Levy, Diane Levy, Edward Levy, Rosemary Lopez, Anne Marie McKee, Wendy Sc 37 (Attachments: # 1 Exhibit A)(Ducayet, James) (Entered: 12/01/2005)

2 Exhibit A

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Dec. 1, 2005

Dec. 1, 2005

PACER
57

MEMORANDUM by Residents of Misericordia in Support of motion to intervene 43 (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Certificate of Service)(Choslovsky, William) (Entered: 12/01/2005)

2 Exhibit A

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3 Exhibit B

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4 Certificate of Service

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Dec. 1, 2005

Dec. 1, 2005

PACER
59

ATTORNEY Appearance for Intervenor Parties Thomas Patrick Arundel, Residents of Misericordia by Robert J. Bingle (ar, ) (Entered: 12/20/2005)

Dec. 16, 2005

Dec. 16, 2005

PACER

MAILED Rule 83.17 letter to Robert J. Bingle (ar, )

Dec. 20, 2005

Dec. 20, 2005

PACER
60

MINUTE entry before Judge James F. Holderman : The petitions to intervene by intervenors Illinois Health Care Association 26, the Golden Intervenors 37, and the Residents of Misericordia 43 are denied. This case is set for further status on 01/12/06 at 9:00 Am. Proposed Golden Intervenors Daniel Brown, Deborah Brown, Anne Golden. Samuel Golden, Edward Grossman, Marianna Grossman, Illinois Health Care Association, Timothy Kiesow, Becky Levy, Diane Levy, Edward Levy, Rosemary Lopez, Anne Marie McKee, Residents of Misericordia, Wendy Schuppan, David Swain, Douglas Swain, Jennifer Westberg, Camille Baranchik, and Maureen Bradish are terminated. Mailed notice (ar, ) Modified on 12/27/2005 (ar, ). (Entered: 12/27/2005)

Dec. 22, 2005

Dec. 22, 2005

PACER
61

MOTION by Plaintiffs David Childers, Isaiah Fair, Adam Kulig, Jamie McElroy, Stanley Ligas, Tiffany McFadden, Alex Tyner, Jennifer Wilson, Lorene Bierman to certify class (renewed) (Hartman, Kendra) Text edited by Clerk's Office on 1/10/2006 (ntf, ). (Entered: 01/10/2006)

Jan. 10, 2006

Jan. 10, 2006

PACER
62

MEMORANDUM by David Childers, Isaiah Fair, Adam Kulig, Jamie McElroy, Stanley Ligas, Tiffany McFadden, Alex Tyner, Jennifer Wilson, Lorene Bierman in Support of motion to certify class 61 (Hartman, Kendra) (Entered: 01/10/2006)

Jan. 10, 2006

Jan. 10, 2006

PACER
63

NOTICE of Correction regarding MOTION by Plaintiffs David Childers, Isaiah Fair, Samuel Golden, Adam Kulig, Jamie McElroy, Stanley Ligas, Tiffany McFadden, Alex Tyner, Jennifer Wilson, Lorene Bierman to certify class (renewed) 61 (ntf, ) (Entered: 01/10/2006)

Jan. 10, 2006

Jan. 10, 2006

PACER
64

NOTICE of Motion by Kendra Kekelis Hartman for presentment of motion to certify class, 61 before Honorable James F. Holderman on 1/17/2006 at 09:00 AM. (Hartman, Kendra) (Entered: 01/10/2006)

Jan. 10, 2006

Jan. 10, 2006

PACER
65

MINUTE entry before Judge James F. Holderman : Status hearing held. Parties to conduct a Rule 26(f) conference and prepare a jointly signed Form 35. Form 36 to be filed on or before 02/02/06 with a copy delivered to chambers on the day filed. Case set for further status 02/09/06 at 9:00 a.m. (mak, ) (Entered: 01/20/2006)

Jan. 12, 2006

Jan. 12, 2006

PACER
66

MINUTE entry before Judge James F. Holderman: Defendants' response to plaintiffs' renewed motion to certify class 61 due 02/02/06; Plaintiffs' reply due 02/23/06. Motion will be taken under advisement and ruling will be by mail. (mak, ) (Entered: 01/20/2006)

Jan. 12, 2006

Jan. 12, 2006

PACER
67

MOTION by Intervenor Residents of Misericordia for leave to file A Brief As Amicus Curiae On The Issue Of Class Certification (Attachments: # 1 Exhibit A# 2 Exhibit B)(Choslovsky, William) (Entered: 01/23/2006)

2 Exhibit A

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3 Exhibit B

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Jan. 23, 2006

Jan. 23, 2006

PACER
68

NOTICE of Motion by William Choslovsky for presentment of motion for leave to file 67 before Honorable James F. Holderman on 1/26/2006 at 09:00 AM. (Choslovsky, William) (Entered: 01/23/2006)

Jan. 23, 2006

Jan. 23, 2006

PACER
69

NOTICE of appeal by Samuel Golden, Camille Baranchik, Maureen Bradish, Daniel Brown, Deborah Brown, Anne Golden, Edward Grossman, Marianna Grossman, Timothy Kiesow, Becky Levy, Diane Levy, Edward Levy, Rosemary Lopez, Anne Marie McKee, Wendy Schuppan, David Swain, Douglas Swain, Jennifer Westberg regarding orders 60 ; Filing fee $ 255.00 paid; Receipt number 10715387 (dj, ) (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals.). (yap, ). Modified on 7/11/2018 (yap, ). (Entered: 01/27/2006)

Jan. 26, 2006

Jan. 26, 2006

PACER
71

MINUTE entry before Judge James F. Holderman : The Residents of Misericordia Motion for leave to file a brief as Amicus Curiae on the Issue of Class Certification [67} is denied. Previous details in order of 12/22/05 to stand. (mak, ) (Entered: 01/29/2006)

Jan. 26, 2006

Jan. 26, 2006

PACER
70

TRANSMITTED to the 7th Circuit the short record on 1/27/06 notice of appeal, 69 . Notified counsel (dj, ) (Entered: 01/27/2006)

Jan. 27, 2006

Jan. 27, 2006

PACER
72

ACKNOWLEDGEMENT of receipt of short record on appeal regarding notice of appeal 69 ; USCA Case No. 06-1327. (ar, ) (Entered: 02/02/2006)

Jan. 31, 2006

Jan. 31, 2006

PACER
73

MEMORANDUM by Barry S Maram, Carol L Adams in Opposition to motion to certify class, 61 (Attachments: # 1 Exhibit Unreported decision# 2 Exhibit Unreported decision)(Stratton, Brent) (Added Filing Party) Modified on 2/8/2006 (gma, ). (Entered: 02/02/2006)

2 Exhibit Unreported decision

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3 Exhibit Unreported decision

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Feb. 2, 2006

Feb. 2, 2006

PACER
74

REPORT of Rule 26(f) Planning Meeting by David Childers, Isaiah Fair, Adam Kulig, Jamie McElroy, Stanley Ligas, Tiffany McFadden, Alex Tyner, Jennifer Wilson, Lorene Bierman (Hartman, Kendra) (Entered: 02/06/2006)

Feb. 6, 2006

Feb. 6, 2006

PACER
75

NOTICE by David Childers, Isaiah Fair, Adam Kulig, Jamie McElroy, Stanley Ligas, Tiffany McFadden, Alex Tyner, Jennifer Wilson, Lorene Bierman re report of rule 26(f) planning meeting 74 (Hartman, Kendra) (Entered: 02/06/2006)

Feb. 6, 2006

Feb. 6, 2006

PACER
76

NOTICE of Correction regarding memorandum in opposition to motion 73 (Filing party missing) (gma, ) (Entered: 02/08/2006)

Feb. 8, 2006

Feb. 8, 2006

PACER
77

MINUTE entry before Judge James F. Holderman : Status hearing held. Form 35 will not be entered at this time. Case set for further status 03/30/06 at 9:00 a.m. Parties to submit revised Form 35 after ruling on Motion for Class Certification. Mailed notice (mak, ) (Entered: 02/10/2006)

Feb. 9, 2006

Feb. 9, 2006

PACER
78

TRANSMITTED to the USCA for the 7th Circuit the long record on appeal 69 (USCA no. 06-1327) consisting of 2 volumes of pleadings. (dj, ) (Entered: 02/16/2006)

Feb. 16, 2006

Feb. 16, 2006

PACER
79

USCA RECEIVED on 2/16/06 the long record on appeal (06-1327) (dj, ) (Entered: 02/21/2006)

Feb. 16, 2006

Feb. 16, 2006

PACER
80

REPLY by David Childers, Isaiah Fair, Adam Kulig, Jamie McElroy, Stanley Ligas, Tiffany McFadden, Alex Tyner, Jennifer Wilson, Lorene Biermanin Support of MOTION by Plaintiffs David Childers, Isaiah Fair, Samuel Golden, Adam Kulig, Jamie McElroy, Stanley Ligas, Tiffany McFadden, Alex Tyner, Jennifer Wilson, Lorene Bierman to certify class (renewed) 61 (Hartman, Kendra) (Entered: 02/23/2006)

Feb. 23, 2006

Feb. 23, 2006

PACER
81

NOTICE by David Childers, Isaiah Fair, Adam Kulig, Jamie McElroy, Stanley Ligas, Tiffany McFadden, Alex Tyner, Jennifer Wilson, Lorene Bierman re reply to response to motion, 80 (Hartman, Kendra) (Entered: 02/23/2006)

Feb. 23, 2006

Feb. 23, 2006

PACER
82

TRANSCRIPT of proceedings for the following dates: 01/26/06 before the Honorable James F. Holderman. (ar, ) (Entered: 03/01/2006)

Feb. 28, 2006

Feb. 28, 2006

PACER
83

TRANSMITTED to the USCA for the 7th Circuit supplemental record on appeal 69 (USCA no. 06-1327) consisting of one transcript 82 . Copies of transmittal letter to counsel of record. (ar, ) (Entered: 03/01/2006)

March 1, 2006

March 1, 2006

PACER
84

USCA RECEIVED on 03/01/06 the supplement record regarding notice of appeal 69 . (ar, ) (Entered: 03/03/2006)

March 3, 2006

March 3, 2006

PACER
85

MINUTE entry before Judge James F. Holderman : Plaintiffs' renewed motion for class certification under Federal Rule of Civil Procedure 23(b)(3) for injunctive relief 61 is granted. This court certifies as class representatives stanley Ligas, by his sister and next friend, Gina Foster; Lorene Bierman, by her guardians, Darlene and Joseph Bierman; Isaiah Fair, by his guardian Lutricia Fair, Adam Kulig, by his guardian, Norb Kulig; Jamie McElroy, by his guardian, Patricia McElroy; and Jennifer Wilson, by her guardians, Nancy and Richard Wilson. This court appoints plaintiffs' counsel as class counsel. - The class is defined as: A class for injunctive relief consisting of all persons in Illinois with disabilities who (1) have mental retardation and/or other developmental disabilities and who qualify for long-term care services; (2) with appropriate supports and services, could live in the community and who would not oppose community placement; and (3) either are institutionalized in private ICF-DDs with nine or more residents or are living in a home-based setting and are at risk for institutionalization because of their need for services. - Parties are to submit a revised Form 35 on or before 03/20/06. Counsel are requested to submit a courtesy copy of Form 35 to Chambers on the day of filing. This case is set for a report on status and entry of a scheduling order at 9:00 AM on 04/04/06. The status report set for 03/30/06 is vacated. Mailed notice (ar, ) (Entered: 03/10/2006)

March 7, 2006

March 7, 2006

PACER
86

MEMORANDUM Opinion and Order Regarding Class Certification, signed by Judge James F. Holderman on 3/7/2006 85 .Judge's staff mailed notice(ar, ) (Entered: 03/10/2006)

March 7, 2006

March 7, 2006

RECAP
87

REPORT of Rule 26(f) Planning Meeting by David Childers, Isaiah Fair, Adam Kulig, Jamie McElroy, Stanley Ligas, Tiffany McFadden, Alex Tyner, Jennifer Wilson, Barry S Maram, Carol L Adams, Lorene Bierman (Hartman, Kendra) (Entered: 03/20/2006)

March 20, 2006

March 20, 2006

PACER
88

MOTION by Plaintiffs David Childers, Isaiah Fair, Adam Kulig, Jamie McElroy, Stanley Ligas, Tiffany McFadden, Alex Tyner, Jennifer Wilson, Lorene Bierman for leave to file First Amended Complaint (Attachments: # 1 Exhibit A)(Hartman, Kendra) (Entered: 03/30/2006)

2 Exhibit A

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March 30, 2006

March 30, 2006

PACER
89

NOTICE of Motion by Kendra Kekelis Hartman for presentment of motion for leave to file 88 before Honorable James F. Holderman on 4/4/2006 at 09:00 AM. (Hartman, Kendra) (Entered: 03/30/2006)

March 30, 2006

March 30, 2006

PACER
90

MINUTE entry before Judge James F. Holderman : Plaintiffs' motion for leave to file first amended complaint 88 is granted. Plaintiffs are given until 10/31/06 to join additional parties and to amend the pleadings. Defendants are given until 11/15/06 to join additional parties and to amend the pleadings. All fact discovery to be completed by 12/15/06. Plaintiffs' experts' reports due by 02/13/07. Defendants' experts' reports due by 04/16/07. Dispositive motions to be filed by 07/16/2007. Replies by 08/20/07. Plaintiffs' final lists of witnesses due by 09/30/06. Defendants' final lists of witnesses due by 11/01/07. Final pretrial Order due by 11/21/2007. Final pretrial conference set for 11/27/07 at 3:00 PM. Trial set for 01/21/2008 at 09:00 AM. Mailed notice (ar, ) (Entered: 04/06/2006)

April 4, 2006

April 4, 2006

PACER
91

FIRST AMENDED complaint by David Cicarelli, Isaiah Fair, Adam Kulig, Jamie McElroy, Stanley Ligas, Jennifer Wilson, Lorene Bierman against Barry S Maram, Carol L Adams and terminating Alex Tyner; David Childers and Tiffany McFadden (Hartman, Kendra) (Entered: 04/26/2006)

April 26, 2006

April 26, 2006

PACER
92

CERTIFICATE of Service by Kendra Kekelis Hartman on behalf of Isaiah Fair, Adam Kulig, Jamie McElroy, Stanley Ligas, Jennifer Wilson, David Cicarelli, Lorene Bierman regarding amended complaint, 91 (Hartman, Kendra) (Entered: 04/27/2006)

April 27, 2006

April 27, 2006

PACER
93

Defendants' ANSWER to amended complaint by Barry S Maram, Carol L Adams(Stratton, Brent) (Entered: 05/02/2006)

May 2, 2006

May 2, 2006

PACER
94

CERTIFICATE by Barry S Maram, Carol L Adams of Service of Defendants' Answer to First Amended Complaint (Stratton, Brent) (Entered: 05/04/2006)

May 4, 2006

May 4, 2006

PACER
95

MOTION by Plaintiffs Isaiah Fair, Adam Kulig, Jamie McElroy, Stanley Ligas, Jennifer Wilson, David Cicarelli, Lorene Bierman for protective order (agreed) (Attachments: # 1 Exhibit A)(Hartman, Kendra) (Entered: 05/08/2006)

2 Exhibit A

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May 8, 2006

May 8, 2006

PACER
96

NOTICE of Motion by Kendra Kekelis Hartman for presentment of motion for protective order 95 before Honorable James F. Holderman on 5/16/2006 at 09:00 AM. (Hartman, Kendra) (Entered: 05/08/2006)

May 8, 2006

May 8, 2006

PACER

Case Details

State / Territory: Illinois

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Olmstead Cases

Key Dates

Filing Date: July 28, 2005

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Nine individuals with developmental disabilities who are eligible for long term care through state administered Medicaid Services who are forced to reside in large congregrate care institutions as a condition of receiving that care.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

NDRN/Protection & Advocacy Organizations

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Illinois Department of Healthcare and Family Services (Springfield, Sangamon), State

Illinois Department of Human Services (Springfield, Sangamon), State

Illinois Department of Public Health (Springfield, Sangamon), State

Defendant Type(s):

Jurisdiction-wide

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

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

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

Attorneys fees

Source of Relief:

Settlement

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $2.24 million

Order Duration: 2011 - None

Content of Injunction:

Implement complaint/dispute resolution process

Monitor/Master

Monitoring

Preliminary relief granted

Recordkeeping

Issues

General:

Classification / placement

Deinstitutionalization/decarceration

Housing

Housing assistance

Individualized planning

Payment for care

Placement in mental health facilities

Public benefits (includes, e.g., in-state tuition, govt. jobs)

Reassessment and care planning

Record-keeping

Wait lists

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

disability, unspecified

Integrated setting

Mental impairment

Mental Disability:

Developmental disability without intellectual disability

Intellectual/developmental disability, unspecified

Medical/Mental Health:

Intellectual/Developmental Disability

Mental health care, general

Type of Facility:

Government-run

Benefit Source:

Medicaid