Case: Colbert v. Blagojevich

1:07-cv-04737 | U.S. District Court for the Northern District of Illinois

Filed Date: Aug. 22, 2007

Case Ongoing

Clearinghouse coding complete

Case Summary

On August 22, 2007, individuals with disabilities filed a lawsuit under the Americans with Disabilities Act (ADA), the Social Security Act, the Rehabilitation Act, and the Nursing Care Reform Act, against various Illinois state officials in the United States District Court for the Northern District of Illinois. Plaintiffs, represented by private and public interest counsel, asked the court for declaratory and injunctive relief, claiming that they were institutionalized in a nursing facility ev…

On August 22, 2007, individuals with disabilities filed a lawsuit under the Americans with Disabilities Act (ADA), the Social Security Act, the Rehabilitation Act, and the Nursing Care Reform Act, against various Illinois state officials in the United States District Court for the Northern District of Illinois. Plaintiffs, represented by private and public interest counsel, asked the court for declaratory and injunctive relief, claiming that they were institutionalized in a nursing facility even though they were capable of living in a more community-integrated setting with appropriate services. Plaintiffs claimed that Defendants conditioned receipt of long-term care on remaining in an institutionalized setting, even though it would be less expensive for Plaintiffs to receive appropriate care in the community.

The Court (Judge Joan H. Lefkow) certified a class as: "all Medicaid-eligible adults with disabilities in Cook County, Illinois, who are being, or may in the future be, unnecessarily confined to nursing facilities and who, with appropriate supports and services, may be able to live in a community setting." 71 Fed.R.Serv.3d 1089.

At a status hearing on January 7, 2011, the parties advised Magistrate Judge Maria Valdez that they could conclude settlement discussions without further assistance from the court.

On Aug. 29, 2011, the parties jointly moved for the court to approve the consent decree they had agreed upon. The court held a fairness hearing on Dec. 20, 2011, and ultimately accepted the decree.

The consent decree established benchmarks for moving specific numbers of class members out of nursing facilities and into community-based settings. Over the course of the first two-and-a-half years, the decree compelled the state to move 1,100 class members into the community. It also required the state to provide up to $10 million in housing assistance to support the first group of transitioned adults. The decree also compelled the state to develop services needed to adequately support class members who choose to live in the community. It established a monitor to ensure compliance with the decree, and granted $1.2 million in attorneys' fees.

The court approved an updated plan following the parties' cross-motion to enter into a cost-neutral plan and supplement and amend the December 2011 consent decree on November 16, 2016. The plan included the transition of class members into community-based settings, and continued evaluations and service plans for the class members. The court retained jurisdiction to oversee the full implementation of the plan. The court approved an updated plan on April 5, 2018. Monitoring by the court appointed monitor (Gail P. Hutchings) is ongoing as of May 20, 2020.

Summary Authors

Haley Waller (2/21/2011)

Andrew Junker (10/23/2014)

Elizabeth Heise (11/20/2018)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5471839/parties/colbert-v-pritzker/


Judge(s)
Attorney for Plaintiff

Barry, Angela Mary (Illinois)

Borowicz, Kim (Illinois)

Braganca, Celiza (Illinois)

Curkovic, David I. (Illinois)

Attorney for Defendant

Dryjanski, Andrew L. (Illinois)

Documents in the Clearinghouse

Documents in this case

1:07-cv-04737

Docket [PACER]

Colbert v. Rauner

Nov. 27, 2018

Nov. 27, 2018

Docket
1

1:07-cv-04737

COMPLAINT

Aug. 22, 2007

Aug. 22, 2007

Complaint
10

1:07-cv-04737

MEMORANDUM IN SUPPORT OF PLAINTIFFS’ MOTION TO MAINTAIN A CLASS ACTION

Aug. 30, 2007

Aug. 30, 2007

Pleading / Motion / Brief
65

1:07-cv-04737

DEFENDANTS’ JOINT MEMORANDUM IN OPPOSITION TO PLAINTIFFS’ MOTION TO MAINTAIN A CLASS ACTION

April 14, 2008

April 14, 2008

Pleading / Motion / Brief
68

1:07-cv-04737

PLAINTIFFS’ REPLY MEMORANDUM IN SUPPORT OF MOTION TO MAINTAIN A CLASS ACTION

April 28, 2008

April 28, 2008

Pleading / Motion / Brief
77

1:07-cv-04737

MEMORANDUM OPINION AND ORDER

Sept. 29, 2008

Sept. 29, 2008

Order/Opinion

71 Fed.R.Serv.3d 1089

139

1:07-cv-04737

FIRST AMENDED COMPLAINT

Sept. 29, 2009

Sept. 29, 2009

Complaint
162

1:07-cv-04737

JOINT STATUS REPORT

June 7, 2010

June 7, 2010

Pleading / Motion / Brief
196-1

1:07-cv-04737

Consent Decree

Colbert v. Quinn

Aug. 29, 2011

Aug. 29, 2011

Settlement Agreement
210

1:07-cv-04737

Order [approving consent decree and consent decree]

Colbert v. Quinn

Dec. 21, 2011

Dec. 21, 2011

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5471839/colbert-v-pritzker/

Last updated July 29, 2026, 1:22 a.m.

Docket for: Colbert v. Pritzker
ECF Number Date Description Link
1 Aug. 22, 2007

COMPLAINT filed by Kenya Lyles, Dwight Scott, Lenil Colbert, Constance Gray, Ernest Reeves.(rbf, ) (Entered: 08/23/2007)

RECAP
2 Aug. 22, 2007

CIVIL Cover Sheet. (rbf, ) (Entered: 08/23/2007)

RECAP
3 Aug. 22, 2007

ATTORNEY Appearance for Plaintiffs Kenya Lyles, Dwight Scott, Lenil Colbert, Constance Gray, Ernest Reeves by Max P Lapertosa (rbf, ) (Entered: 08/23/2007)

RECAP
4 Aug. 22, 2007

ATTORNEY Appearance for Plaintiffs Kenya Lyles, Dwight Scott, Lenil Colbert, Constance Gray, Ernest Reeves by Daniel J. Zollner (rbf, ) (Entered: 08/23/2007)

RECAP
6 Aug. 22, 2007

SUMMONS Issued as to Defendants Rod R Blagojevich, Carol L Adams, Barry S Maram, Eric E Whitaker (rbf, ) (Entered: 08/23/2007)

RECAP
7 Aug. 29, 2007

AFFIDAVIT of Service filed by Plaintiff Lenil Colbert on August 29, 2007 (Attachments: # 1 Affidavit of Process Server)(Zollner, Daniel) (Entered: 08/29/2007)

RECAP
8 Aug. 30, 2007

MINUTE entry before Judge Joan H. Lefkow :Status hearing set for 10/18/2007 at 09:30 AM.Mailed notice (mad, ) (Entered: 08/30/2007)

RECAP
9 Aug. 30, 2007

MOTION by Plaintiffs Kenya Lyles, Dwight Scott, Lenil Colbert, Constance Gray, Ernest Reeves to certify class (Lapertosa, Max) (Entered: 08/30/2007)

RECAP
10 Aug. 30, 2007

MEMORANDUM by Kenya Lyles, Dwight Scott, Lenil Colbert, Constance Gray, Ernest Reeves in support of motion to certify class 9 (Lapertosa, Max) (Entered: 08/30/2007)

RECAP
11 Aug. 30, 2007

NOTICE of Motion by Max P Lapertosa for presentment of motion to certify class 9 before Honorable Joan H. Lefkow on 9/25/2007 at 09:30 AM. (Lapertosa, Max) (Entered: 08/30/2007)

RECAP
13 Sept. 10, 2007

ATTORNEY Appearance for Plaintiffs Kenya Lyles, Dwight Scott, Lenil Colbert, Constance Gray, Ernest Reeves by Edward B. Mullen (rbf, ) (Entered: 09/12/2007)

RECAP
12 Sept. 11, 2007

ATTORNEY Appearance for Defendant Barry S Maram by Karen Elaine Konieczny (Konieczny, Karen) (Entered: 09/11/2007)

RECAP
14 Sept. 12, 2007

ATTORNEY Appearance for Plaintiffs Kenya Lyles, Dwight Scott, Lenil Colbert, Constance Gray, Ernest Reeves by Regina A Ripley (Ripley, Regina) (Entered: 09/12/2007)

RECAP
15 Sept. 12, 2007

ATTORNEY Appearance for Plaintiffs Kenya Lyles, Dwight Scott, Lenil Colbert, Constance Gray, Ernest Reeves by David I Curkovic (Curkovic, David) (Entered: 09/12/2007)

RECAP
16 Sept. 13, 2007

ATTORNEY Appearance for Plaintiffs Kenya Lyles, Dwight Scott, Lenil Colbert, Constance Gray, Ernest Reeves by Daniel J. Zollner Application for Leave to Appear Pro Hac Vice (Zollner, Daniel) (Entered: 09/13/2007)

RECAP
17 Sept. 13, 2007

ATTORNEY Appearance for Defendant Rod R Blagojevich by Raymond Joseph Koenig, III (Koenig, Raymond) (Entered: 09/13/2007)

RECAP
18 Sept. 13, 2007

ATTORNEY Appearance for Defendant Rod R Blagojevich by Timothy J. Ritchey (Ritchey, Timothy) (Entered: 09/13/2007)

RECAP
19 Sept. 13, 2007

ATTORNEY Appearance for Defendants Carol L Adams, Barry S Maram, Eric E Whitaker by Andrew Laurence Dryjanski (Dryjanski, Andrew) (Entered: 09/13/2007)

RECAP
20 Sept. 13, 2007

ATTORNEY Appearance for Defendants Carol L Adams, Barry S Maram, Eric E Whitaker by Gladys M. Stevens (Stevens, Gladys) (Entered: 09/13/2007)

RECAP
21 Sept. 13, 2007

ATTORNEY Appearance for Defendant Rod R Blagojevich by Andrew Laurence Dryjanski (Dryjanski, Andrew) (Entered: 09/13/2007)

RECAP
22 Sept. 13, 2007

ATTORNEY Appearance for Defendant Rod R Blagojevich by Gladys M. Stevens (Stevens, Gladys) (Entered: 09/13/2007)

RECAP
23 Sept. 13, 2007

ATTORNEY Appearance for Defendants Rod R Blagojevich, Carol L Adams, Barry S Maram, Eric E Whitaker by Meghan O. Maine (Maine, Meghan) (Entered: 09/13/2007)

RECAP
24 Sept. 13, 2007

MOTION by Defendants Rod R Blagojevich, Carol L Adams, Barry S Maram, Eric E Whitaker for extension of time to file answer regarding complaint 1 or otherwise plead (Ritchey, Timothy) (Entered: 09/13/2007)

RECAP
25 Sept. 13, 2007

NOTICE of Motion by Timothy J. Ritchey for presentment of motion for extension of time to file answer, motion for relief 24 before Honorable Joan H. Lefkow on 9/25/2007 at 09:30 AM. (Ritchey, Timothy) (Entered: 09/13/2007)

RECAP
26 Sept. 14, 2007

ATTORNEY Appearance for Defendants Rod R Blagojevich, Carol L Adams, Barry S Maram, Eric E Whitaker by Rachel Jana Fleischmann (Fleischmann, Rachel) (Entered: 09/14/2007)

RECAP
27 Sept. 14, 2007

ATTORNEY Appearance for Plaintiffs Kenya Lyles, Dwight Scott, Lenil Colbert, Constance Gray, Ernest Reeves by Benjamin S. Wolf (Wolf, Benjamin) (Entered: 09/14/2007)

RECAP
28 Sept. 14, 2007

ATTORNEY Appearance for Defendants Rod R Blagojevich, Carol L Adams, Barry S Maram, Eric E Whitaker by Peter Chadwell Koch (Koch, Peter) (Entered: 09/14/2007)

RECAP
29 Sept. 19, 2007

NOTICE by Edward B. Mullen of Change of Address (rbf, ) (Entered: 09/21/2007)

RECAP
30 Sept. 21, 2007

ATTORNEY Appearance for Plaintiffs Kenya Lyles, Dwight Scott, Lenil Colbert, Constance Gray, Ernest Reeves by Kenneth M Walden (Walden, Kenneth) (Entered: 09/21/2007)

RECAP
31 Sept. 21, 2007

ATTORNEY Appearance for Defendant Rod R Blagojevich by Kerry R. Peck; Notice of Filing. (rbf, ) (Entered: 09/26/2007)

RECAP
32 Sept. 25, 2007

MINUTE entry before Judge Joan H. Lefkow :Motion hearing held. Defendants' motion for extension of time to respond to complaint 24 is granted to 11/5/2007. Plaintiff's motion to maintain a class action is continued to 11/20/2007 at 09:30 AM. Status hearing of 10/18/2007 is stricken.Mailed notice (mad, ) (Entered: 09/26/2007)

RECAP
33 Sept. 26, 2007

ATTORNEY Appearance for Defendants Carol L Adams, Barry S Maram, Eric E Whitaker by Brent Douglas Stratton (Stratton, Brent) (Entered: 09/26/2007)

RECAP
34 Nov. 5, 2007

MOTION by Defendants Rod R Blagojevich, Carol L Adams, Barry S Maram, Eric E Whitakerfor more definite statement (Dryjanski, Andrew) (Entered: 11/05/2007)

RECAP
35 Nov. 5, 2007

MEMORANDUM by Rod R Blagojevich, Carol L Adams, Barry S Maram, Eric E Whitaker in support of motion for more definite statement 34 (Dryjanski, Andrew) (Entered: 11/05/2007)

RECAP
36 Nov. 5, 2007

NOTICE of Motion by Andrew Laurence Dryjanski for presentment of motion for more definite statement 34 before Honorable Joan H. Lefkow on 11/20/2007 at 09:30 AM. (Dryjanski, Andrew) (Entered: 11/05/2007)

RECAP
37 Nov. 7, 2007

Notice of Withdrawal of Appearance by Kenya Lyles, Dwight Scott, Lenil Colbert, Constance Gray, Ernest Reeves (Zollner, Daniel) (Entered: 11/07/2007)

RECAP
38 Nov. 7, 2007

NOTICE by Kenya Lyles, Dwight Scott, Lenil Colbert, Constance Gray, Ernest Reeves re other 37 Notice of Filing (Zollner, Daniel) (Entered: 11/07/2007)

RECAP
39 Nov. 9, 2007

ATTORNEY Appearance for Plaintiffs Kenya Lyles, Dwight Scott, Lenil Colbert, Constance Gray, Ernest Reeves by Karen I. Ward (Ward, Karen) (Entered: 11/09/2007)

RECAP
40 Nov. 16, 2007

MEMORANDUM by Kenya Lyles, Dwight Scott, Lenil Colbert, Constance Gray, Ernest Reeves in Opposition to motion for more definite statement 34 (Lapertosa, Max) (Entered: 11/16/2007)

RECAP
41 Nov. 16, 2007

NOTICE by all plaintiffs re memorandum in opposition to motion 40 for more definite statement (Lapertosa, Max) (Entered: 11/16/2007)

RECAP
42 Nov. 20, 2007

MINUTE entry before Judge Joan H. Lefkow :Motion hearing held. Reply in support of defendants' joint motion for more definite statement 34 is due by 11/27/2007. Hearing and ruling is set for 12/11/2007 at 10:00 AM. Mailed notice (mad, ) (Entered: 11/20/2007)

RECAP
43 Nov. 27, 2007

REPLY by Rod R Blagojevich, Carol L Adams, Barry S Maram, Eric E Whitaker to memorandum in opposition to motion 40 for a more definite statement (Ritchey, Timothy) (Entered: 11/27/2007)

RECAP
44 Nov. 27, 2007

NOTICE by all defendants re reply to response to motion 43 for a more definite statement (Ritchey, Timothy) (Entered: 11/27/2007)

RECAP
45 Dec. 3, 2007

MINUTE entry before Judge Joan H. Lefkow :Defendants' motion for a more definite statement 34 is denied. In-court hearing and ruling date of 12/11/2007 is stricken. Defendants are directed to answer or otherwise plead to the complaint by January 2, 2008. Defendants' response to the motion to maintain a class action shall be filed by January 15, 2008, and plaintiffs' reply by January 31, 2008. Mailed notice (mad, ) (Entered: 12/03/2007)

RECAP
46 Dec. 4, 2007

APPLICATION for Leave to Appear Pro Hac Vice on behalf of Kenya Lyles, Dwight Scott, Lenil Colbert, Constance Gray, Ernest Reeves by Stephen F. Gold; Order entered. Filing fee $ 50 paid, receipt number 10342280. (gmr, ) (Entered: 12/06/2007)

RECAP
47 Dec. 21, 2007

MOTION by Defendants Rod R Blagojevich, Carol L Adams, Barry S Maram, Eric E Whitaker for extension of time to file answer regarding complaint 1 (Ritchey, Timothy) (Entered: 12/21/2007)

RECAP
48 Dec. 21, 2007

NOTICE of Motion by Timothy J. Ritchey for presentment of motion for extension of time to file answer, motion for relief 47 before Honorable Joan H. Lefkow on 1/8/2008 at 09:30 AM. (Ritchey, Timothy) (Entered: 12/21/2007)

RECAP
49 Jan. 3, 2008

MOTION by Defendants Rod R Blagojevich, Carol L Adams, Barry S Maram, Eric E Whitaker for extension of time to file response/reply as to motion to certify class 9 and for limited discovery on proposed class (Ritchey, Timothy) (Entered: 01/03/2008)

RECAP
50 Jan. 3, 2008

NOTICE of Motion by Timothy J. Ritchey for presentment of motion for extension of time to file response/reply, motion for relief 49 before Honorable Joan H. Lefkow on 1/8/2008 at 09:30 AM. (Ritchey, Timothy) (Entered: 01/03/2008)

RECAP
51 Jan. 8, 2008

MINUTE entry before Judge Joan H. Lefkow :Defendants' joint motion for second extension of time to 1/18/2008 to respond to complaint 47 is granted. Defendants' joint motion to conduct limited discovery on the proposed class and to extend defendants' deadline to 3/17/2008 to respond to plaintiffs' motion for class certification 49 is granted. Reply will be due by 3/31/2008.Mailed notice (mad, ) (Entered: 01/08/2008)

RECAP
52 Jan. 18, 2008

ANSWER to Complaint by Rod R Blagojevich(Ritchey, Timothy) (Entered: 01/18/2008)

RECAP
53 Jan. 18, 2008

NOTICE by Rod R Blagojevich re answer to complaint 52 (Ritchey, Timothy) (Entered: 01/18/2008)

RECAP
54 Jan. 18, 2008

Affirmative Defenses and ANSWER to Complaint by Carol L Adams, Barry S Maram, Eric E Whitaker(Dryjanski, Andrew) (Entered: 01/18/2008)

RECAP
55 Jan. 18, 2008

NOTICE by Carol L Adams, Barry S Maram, Eric E Whitaker re answer to complaint 54 (Dryjanski, Andrew) (Entered: 01/18/2008)

RECAP
56 Jan. 30, 2008

MOTION by Defendants Rod R Blagojevich, Carol L Adams, Barry S Maram, Eric E Whitaker for protective order (Attachments: # 1 Exhibit)(Ritchey, Timothy) (Entered: 01/30/2008)

RECAP
57 Jan. 30, 2008

NOTICE of Motion by Timothy J. Ritchey for presentment of motion for protective order 56 before Honorable Joan H. Lefkow on 2/5/2008 at 09:30 AM. (Ritchey, Timothy) (Entered: 01/30/2008)

RECAP
58 Feb. 5, 2008

MINUTE entry before Judge Joan H. Lefkow : Defendant's motion for agreed protective order 56 is granted. Enter Agreed Protective Order.Mailed notice (rbf, ) (Entered: 02/11/2008)

RECAP
59 Feb. 5, 2008

AGREED PROTECTIVE Order Signed by Judge Joan H. Lefkow on 2/5/2008.(rbf, ) (Entered: 02/11/2008)

RECAP
60 March 11, 2008

MOTION by Defendants Rod R Blagojevich, Carol L Adams, Barry S Maram, Eric E Whitaker for extension of time to file response/reply to Plaintiffs' Motion to Maintain A Class Action (Attachments: # 1 Exhibit A)(Dryjanski, Andrew) (Entered: 03/11/2008)

RECAP
61 March 11, 2008

NOTICE of Motion by Andrew Laurence Dryjanski for presentment of motion for extension of time to file response/reply 60 before Honorable Joan H. Lefkow on 3/20/2008 at 09:30 AM. (Dryjanski, Andrew) (Entered: 03/11/2008)

RECAP
62 March 17, 2008

RESPONSE by Kenya Lyles, Dwight Scott, Lenil Colbert, Constance Gray, Ernest Reevesin Opposition to MOTION by Defendants Rod R Blagojevich, Carol L Adams, Barry S Maram, Eric E Whitaker for extension of time to file response/reply to Plaintiffs' Motion to Maintain A Class Action 60 filed on August 30, 2007 (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Lapertosa, Max) (Entered: 03/17/2008)

RECAP
63 March 17, 2008

NOTICE by Kenya Lyles, Dwight Scott, Lenil Colbert, Constance Gray, Ernest Reeves re response in opposition to motion, 62 for extension of time to respond to Plaintiffs' August 30, 2007 motion to maintain a class action (Lapertosa, Max) (Entered: 03/17/2008)

RECAP
64 March 20, 2008

MINUTE entry before Judge Honorable Joan H. Lefkow: Defendants' joint motion 60 for extension of time to 4/14/2008 to respond to plaintiffs' motion to maintain class action is granted. Reply due by 4/28/2008. Mailed notice (td, ) (Entered: 03/25/2008)

RECAP
65 April 14, 2008

MEMORANDUM by Rod R Blagojevich, Carol L Adams, Barry S Maram, Eric E Whitaker in Opposition to motion to certify class 9 (Dryjanski, Andrew) (Entered: 04/14/2008)

RECAP
66 April 14, 2008

NOTICE by Rod R Blagojevich, Carol L Adams, Barry S Maram, Eric E Whitaker re memorandum in opposition to motion 65 to Certify Class (Dryjanski, Andrew) (Entered: 04/14/2008)

RECAP
67 April 14, 2008

CERTIFICATE of Service /Mailing of Exhibits "A" through "G" in Support of Memorandum in Opposition to Plaintiffs' Motion to Maintain Class Action by Andrew Laurence Dryjanski on behalf of Rod R Blagojevich, Carol L Adams, Barry S Maram, Eric E Whitaker (Dryjanski, Andrew) (Entered: 04/14/2008)

RECAP
68 April 28, 2008

REPLY by Kenya Lyles, Dwight Scott, Lenil Colbert, Constance Gray, Ernest Reeves to memorandum in opposition to motion 65, MOTION by Plaintiffs Kenya Lyles, Dwight Scott, Lenil Colbert, Constance Gray, Ernest Reeves to certify class 9 (Attachments: # 1 Exhibit A)(Lapertosa, Max) (Entered: 04/28/2008)

RECAP
69 April 28, 2008

NOTICE by Kenya Lyles, Dwight Scott, Lenil Colbert, Constance Gray, Ernest Reeves re reply to response to motion, 68 to certify class (Lapertosa, Max) (Entered: 04/28/2008)

RECAP
70 April 29, 2008

MOTION by counsel for Plaintiffs Kenya Lyles, Dwight Scott, Lenil Colbert, Constance Gray, Ernest Reeves to withdraw as attorney Motion for Leave to Withdraw Appearance (Zollner, Daniel) (Entered: 04/29/2008)

RECAP
71 April 29, 2008

NOTICE of Motion by Daniel J. Zollner for presentment of motion to withdraw as attorney 70 before Honorable Joan H. Lefkow on 5/6/2008 at 09:30 AM. (Zollner, Daniel) (Entered: 04/29/2008)

RECAP
72 May 6, 2008

MINUTE entry before Honorable Joan H. Lefkow: Motion of Daniel J. Zollner for leave to withdraw appearance 70 is granted. Daniel J. Zollner is withdrawn as attorney for plaintiffs. Mailed notice (kj, ) (Entered: 05/08/2008)

RECAP
73 May 16, 2008

MOTION by counsel for Plaintiffs Kenya Lyles, Dwight Scott, Lenil Colbert, Constance Gray, Ernest Reeves to withdraw as attorney for Plaintiffs (Lapertosa, Max) (Entered: 05/16/2008)

RECAP
74 May 16, 2008

NOTICE of Motion by Max P Lapertosa for presentment of motion to withdraw as attorney 73 before Honorable Joan H. Lefkow on 5/22/2008 at 09:30 AM. (Lapertosa, Max) (Entered: 05/16/2008)

RECAP
75 May 22, 2008

MINUTE entry before the Honorable Joan H. Lefkow: Motion of Max Lapertosa for leave to withdraw appearance on behalf of plaintiffs 73 is granted. Mailed notice (td, ) (Entered: 05/29/2008)

RECAP
76 Sept. 29, 2008

MINUTE entry before the Honorable Joan H. Lefkow:Enter Memorandum Opinion and Order. For the reasons stated in the Memorandum Opinion and Order, the court grants plaintiffs' motion to certify this case 9 and certifies the following class: "all Medicaid-eligible adults with disabilities in Cook County, Illinois, who are being, or may in the future be, unnecessarily confined to nursing facilities and who, with appropriate supports and services, may be able to live in a community setting." Status hearing is set for 10/23/2008 at 10:00 a.m.Mailed notice (mad, ) (Entered: 09/29/2008)

RECAP
77 Sept. 29, 2008

MEMORANDUM Opinion and Order Signed by the Honorable Joan H. Lefkow on 9/29/2008:Mailed notice(mad, ) (Entered: 09/29/2008)

RECAP
78 Oct. 14, 2008

MOTION by Defendants Rod R Blagojevich, Carol L Adams, Barry S Maram, Eric E Whitaker for reconsideration regarding memorandum opinion and order 77 Motion for Partial Reconsideration of Class Certification Order (Dryjanski, Andrew) (Entered: 10/14/2008)

RECAP
79 Oct. 14, 2008

NOTICE of Motion by Andrew Laurence Dryjanski for presentment of motion for reconsideration, motion for relief 78 before Honorable Joan H. Lefkow on 10/23/2008 at 09:30 AM. (Dryjanski, Andrew) (Entered: 10/14/2008)

RECAP
80 Oct. 15, 2008

ATTORNEY Appearance for Plaintiffs Kenya Lyles, Dwight Scott, Lenil Colbert, Constance Gray, Ernest Reeves by Hallie Joan Fahey (Fahey, Hallie) (Entered: 10/15/2008)

RECAP
81 Oct. 23, 2008

MINUTE entry before the Honorable Joan H. Lefkow:Motion hearing held on 10/23/2008. Defendants' joint motion for partial reconsideration of class certification order 78 is denied. Status hearing held on 10/23/2008. Scheduling Conference set for 11/13/2008 at 09:30 AM. Mailed notice (mad, ) (Entered: 10/24/2008)

RECAP
82 Nov. 12, 2008

REPORT of Rule 26(f) Planning Meeting (Mullen, Edward) (Entered: 11/12/2008)

RECAP
83 Nov. 13, 2008

MINUTE entry before the Honorable Joan H. Lefkow: Scheduling conference held. Status hearing set for 1/29/2009 at 9:30 a.m. Enter Scheduling Order. Amendments to the pleadings and/or joinder of additional parties may be sought upon appropriate motion by 1/16/2009. Non-expert discovery will close on 8/17/2009. Cut-off date for designation of plaintiffs' and defendants' initial trial expert(s) is 11/17/2009; reports of rebuttal expert(s), if any due by 1/18/2010. All expert discovery will be completed by 4/17/2010. [For further detail see separate order(s).] Mailed notice (td, ) (Entered: 11/18/2008)

RECAP
84 Nov. 13, 2008

SCHEDULING ORDER Signed by the Honorable Joan H. Lefkow on 11/13/2008. (td, ) (Entered: 11/18/2008)

RECAP
85 Nov. 18, 2008

MOTION by counsel for Plaintiffs Kenya Lyles, Dwight Scott, Lenil Colbert, Constance Gray, Ernest Reeves to withdraw as attorney Nunc Pro Tunc (Curkovic, David) (Entered: 11/18/2008)

RECAP
86 Nov. 18, 2008

NOTICE of Motion by David I Curkovic for presentment of motion to withdraw as attorney 85 before Honorable Joan H. Lefkow on 11/25/2008 at 09:30 AM. (Curkovic, David) (Entered: 11/18/2008)

RECAP
87 Nov. 25, 2008

MINUTE entry before the Honorable Joan H. Lefkow: Motion of David I. Curkovic for leave to withdraw as counsel for plaintiffs 85 is granted. David I. Curkovic is withdrawn as counsel for plaintiffs. Motion for nunc pro tunc entry of order is denied. See Statement below. [For further details see minute order.] Mailed notice (td, ) (Entered: 12/02/2008)

RECAP
88 Dec. 15, 2008

ATTORNEY Appearance for Plaintiffs Kenya Lyles, Dwight Scott, Lenil Colbert, Constance Gray, Ernest Reeves by Kimberly L. Borowicz (Borowicz, Kimberly) (Entered: 12/15/2008)

RECAP
89 Dec. 17, 2008

MOTION by Defendants Rod R Blagojevich, Carol L Adams, Barry S Maram, Eric E Whitaker for extension of time to make Rule 26(a)(1) disclosures (Ritchey, Timothy) (Entered: 12/17/2008)

RECAP
90 Dec. 17, 2008

NOTICE of Motion by Timothy J. Ritchey for presentment of extension of time 89 before Honorable Joan H. Lefkow on 1/6/2009 at 09:30 AM. (Ritchey, Timothy) (Entered: 12/17/2008)

RECAP
91 Dec. 23, 2008

MINUTE entry before the Honorable Joan H. Lefkow:Defendant's agreed motion to extend time to 1/16/2009 to make Rule 26(a)(1) disclosures 89 is granted. Motion hearing date of 1/6/2009 is stricken.Mailed notice (mad, ) (Entered: 12/23/2008)

RECAP
92 Dec. 29, 2008

MOTION by counsel for Plaintiffs Kenya Lyles, Dwight Scott, Lenil Colbert, Constance Gray, Ernest Reeves to withdraw as attorney Motion for Leave to Withdraw (Ripley, Regina) (Entered: 12/29/2008)

RECAP
93 Dec. 29, 2008

Notice of Motion NOTICE of Motion by Regina A Ripley for presentment of motion to withdraw as attorney 92 before Honorable Joan H. Lefkow on 1/13/2009 at 09:30 AM. (Ripley, Regina) (Entered: 12/29/2008)

RECAP
94 Dec. 29, 2008

MOTION by counsel for Plaintiffs Kenya Lyles, Dwight Scott, Lenil Colbert, Constance Gray, Ernest Reeves to withdraw as attorney Motion for Leave to Withdraw (Fahey, Hallie) (Entered: 12/29/2008)

RECAP
95 Dec. 29, 2008

Notice of Motion NOTICE of Motion by Hallie Joan Fahey for presentment of motion to withdraw as attorney 94 before Honorable Joan H. Lefkow on 1/13/2009 at 09:30 AM. (Fahey, Hallie) (Entered: 12/29/2008)

RECAP
96 Jan. 13, 2009

MINUTE entry before the Honorable Joan H. Lefkow: Motion of Regina A. Ripley for leave to withdraw appearance as counsel for plaintiffs 92 is granted. Motion of Hallie Miller Fahey for leave to withdraw appearance as counsel for plaintiffs 94 is granted. Mailed notice (td, ) (Entered: 01/15/2009)

RECAP
97 Jan. 15, 2009

MOTION by Plaintiffs Kenya Lyles, Dwight Scott, Lenil Colbert, Constance Gray, Ernest Reeves for leave to file Appearances of Additional Counsel (Libowsky, Stephen) (Entered: 01/15/2009)

RECAP
98 Jan. 15, 2009

NOTICE of Motion by Stephen David Libowsky for presentment of motion for leave to file 97 before Honorable Joan H. Lefkow on 1/27/2009 at 09:30 AM. (Libowsky, Stephen) (Entered: 01/15/2009)

RECAP
99 Jan. 16, 2009

MOTION by Plaintiffs Kenya Lyles, Dwight Scott, Lenil Colbert, Constance Gray, Ernest Reeves to amend/correct Complaint (Attachments: # 1 Exhibit First Amended Complaint, # 2 Exhibit Article)(Borowicz, Kimberly) (Entered: 01/16/2009)

RECAP
100 Jan. 16, 2009

NOTICE of Motion by Kimberly L. Borowicz for presentment of motion to amend/correct 99 before Honorable Joan H. Lefkow on 1/27/2009 at 09:30 AM. (Borowicz, Kimberly) (Entered: 01/16/2009)

RECAP
101 Jan. 16, 2009

REPORT of Rule 26(f) Planning Meeting (Dryjanski, Andrew) (Entered: 01/16/2009)

RECAP

Case Details

State / Territory:

Illinois

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Multi-LexSum (in sample)

Olmstead Cases

Key Dates

Filing Date: Aug. 22, 2007

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

All Medicaid-eligible adults with disabilities in Cook County, Illinois, who are being, or may in the future be, unnecessarily confined to nursing facilities and who, with appropriate supports and services, may be able to live in a community setting

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Legal Services/Legal Aid

NDRN/Protection & Advocacy Organizations

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

State

Director of the Illinois Deparment of Public Health

Director of the Illinois Department of Healthcare and Family Services

Governor of the State of Illinois

Secretary of the Illinois Department of Human Services

Defendant Type(s):

Hospital/Health Department

Jurisdiction-wide

Facility Type(s):

Non-government for-profit

Case Details

Causes of Action:

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

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

Nursing Care Reform Act of 1987/ Omnibus Reconciliation Act

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

Other Dockets:

Northern District of Illinois 1:07-cv-04737

Available Documents:

Any published opinion

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Monitoring

Monitor/Master

Reasonable Accommodation

Issues

General/Misc.:

Housing

Payment for care

Rehabilitation

Benefits (Source):

Medicaid

Disability and Disability Rights:

Disability, unspecified

Integrated setting

Reasonable Accommodations

Discrimination Area:

Accommodation / Leave

Discrimination Basis:

Disability (inc. reasonable accommodations)

Jails, Prisons, Detention Centers, and Other Institutions:

Habilitation (training/treatment)

Medical/Mental Health Care:

Medical care, general

Medical care, unspecified

Recommended Citation