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

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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 commun…

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 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 an 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, as Judge Holderman had 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 FY 2016 budget, the state of Illinois would continue to pay all service providers covered under the consent decree. However, in an order issued on 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 service 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 an 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 of 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, and 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 had been established and a meeting schedule had been set. A draft tool for a quality monitoring program had also been developed, which began implementation on May 10, 2019.

On November 14, 2019, the Monitor reported that federal CMS approved the 3.5% increase for community-based providers, which will implement a rate increase to $13.00/hour. It is unclear whether a temporary rate increase for ICFs will be approved. Continued reports from the Monitor at status hearings describe that Defendants remain out of compliance, but have made significant efforts toward progress.

On May 10, 2022, sample exit plans were discussed and the need for community crisis services was brought up. In particular, the Monitor reported that 185 class members remain in SODCs, a number of whom arrived there by crisis. On August 31, 2022, the Monitor and the parties continued to discuss their positions on implementing an exit plan. Plaintiffs and intervenors argued that termination of the consent decree is premature and that the proposed exit plan fails to address the Court's and the Monitor's findings of non-compliance. In regards to the SODC/crisis issue, matters were referred to Magistrate Judge Jeffrey Cole for supervision.

The next status hearing was set for June 29, 2023, and the case is ongoing.

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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)

Kathleen Lok (9/25/2022)

People

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

Judge(s)

Attorney for Plaintiff

Antholt, Amanda C (Illinois)

Attorney for Defendant

Anderson, Erik Joseph (Illinois)

Arnold, Michael D. (Illinois)

Baker, Warren von (Illinois)

Expert/Monitor/Master/Other

Arden, James D. (Illinois)

Judge(s)

Coleman, Sharon Johnson (Illinois)

Attorney for Plaintiff

Antholt, Amanda C (Illinois)

Branch, Sujatha Jagadeesh (Illinois)

Dalenberg, Heidi (Illinois)

Enerson, Wendy N (Illinois)

Gran, Judith A. (Illinois)

Grossbart, John I. (Illinois)

Hartman, Kendra Kekelis (Illinois)

Lapertosa, Max P (Illinois)

Linsenmaier, Samuel Phillip (Illinois)

Lowy, Barry G. (Illinois)

Miller, Laura J. (Illinois)

Mullen, Edward B. (Illinois)

Rizor, Andrea (Illinois)

Shapiro, Corey M. (Illinois)

Taylor, Barry Charlton (Illinois)

Walden, Kenneth M (Illinois)

Werner, Patricia A. (Illinois)

Whitcomb, John Warren (Illinois)

Wolf, Benjamin S. (Illinois)

Attorney for Defendant

Anderson, Erik Joseph (Illinois)

Arnold, Michael D. (Illinois)

Baker, Warren von (Illinois)

Burke, Kevin Francis (Illinois)

Crain, William P (Illinois)

Ehler, Karyn L (Illinois)

Flahaven, Kathleen Kreisel (Illinois)

Gallagher, Daniel Francis (Illinois)

Gange, Christopher Samuel (Illinois)

Haley, Colin M. (Illinois)

Huston, John E. (Illinois)

Ioppolo, Thomas A. (Illinois)

Konieczny, Karen Elaine (Illinois)

Lundy, Jason T. (Illinois)

Murer, Matthew Joseph (Illinois)

Stratton, Brent D (Illinois)

Thomas, Melissa A. (Illinois)

Expert/Monitor/Master/Other

Arden, James D. (Illinois)

Bingle, Robert J. (Illinois)

Brown, Burton A (Illinois)

Choslovsky, William (Illinois)

Ducayet, James Wallace (Illinois)

Kiser, Thomas J. (Illinois)

Lynn, Nicholas James (Illinois)

Mahoney, Patrick E. (Illinois)

Marks, Jason Michael (Illinois)

Mendel, Scott M. (Illinois)

Monberg, Jeffrey Mark (Illinois)

O'Malley, Richard Francis (Illinois)

Rato, Michael (Illinois)

Relias, Alexandra C. (Illinois)

Schriver, John T. (Illinois)

Sherwin, Judith Schwartz (Illinois)

Walker, Eric E. (Illinois)

Attorney Contact Information via CourtListener

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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
1 1:05-cv-04331	Complaint for Declaratory and Injunctive Relief Ligas v. Maram	July 28, 2005	July 28, 2005 Complaint
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	March 7, 2006	March 7, 2006 Order/Opinion 2006 WL 2006
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	Feb. 15, 2007	Feb. 15, 2007 Order/Opinion 478 F.3d 478
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	July 7, 2009	July 7, 2009 Order/Opinion 2009 WL 2009
436 1:05-cv-04331	SECOND AMENDED COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF Ligas v. Maram	Aug. 31, 2009	Aug. 31, 2009 Complaint

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Docket

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

Last updated Sept. 12, 2024, 9:40 p.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 Clearinghouse
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
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 Clearinghouse
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
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
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
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
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
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
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
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
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
	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
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
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
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
	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
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
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
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
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
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 View on PACER 3 Exhibit B View on PACER 4 Exhibit B-1 View on PACER	Oct. 18, 2005	Oct. 18, 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 View on PACER 3 Exhibit B View on PACER 4 Exhibit B-1 View on PACER	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 View on PACER 3 Exhibit B View on PACER 4 Exhibit C View on PACER	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
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 View on PACER 3 Exhibit B View on PACER 4 Exhibit C View on PACER	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
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
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 View on PACER 3 Exhibit 1-Part 2 View on PACER 4 Exhibit 2 View on PACER	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 View on PACER 3 Exhibit 1-Part 2 View on PACER	Oct. 25, 2005	Oct. 25, 2005 PACER

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Case Details

State / Territory: Illinois

Case Type(s):

Public Benefits/Government Services

Disability Rights

Special Collection(s):

Olmstead Cases

Multi-LexSum (in sample)

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