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)

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Documents in the Clearinghouse

Document

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 June 1, 2026, 8:08 p.m.

ECF Number Description Date Link Date / Link
1

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

Aug. 22, 2007

Aug. 22, 2007

RECAP
2

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

Aug. 22, 2007

Aug. 22, 2007

3

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

Aug. 22, 2007

Aug. 22, 2007

4

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

Aug. 22, 2007

Aug. 22, 2007

6

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

Aug. 22, 2007

Aug. 22, 2007

7

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

Aug. 29, 2007

Aug. 29, 2007

8

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)

Aug. 30, 2007

Aug. 30, 2007

9

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

Aug. 30, 2007

Aug. 30, 2007

10

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)

Aug. 30, 2007

Aug. 30, 2007

11

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)

Aug. 30, 2007

Aug. 30, 2007

13

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

Sept. 10, 2007

Sept. 10, 2007

12

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

Sept. 11, 2007

Sept. 11, 2007

14

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

Sept. 12, 2007

Sept. 12, 2007

15

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

Sept. 12, 2007

Sept. 12, 2007

16

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)

Sept. 13, 2007

Sept. 13, 2007

17

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

Sept. 13, 2007

Sept. 13, 2007

18

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

Sept. 13, 2007

Sept. 13, 2007

19

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

Sept. 13, 2007

Sept. 13, 2007

20

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

Sept. 13, 2007

Sept. 13, 2007

21

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

Sept. 13, 2007

Sept. 13, 2007

22

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

Sept. 13, 2007

Sept. 13, 2007

23

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)

Sept. 13, 2007

Sept. 13, 2007

24

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)

Sept. 13, 2007

Sept. 13, 2007

25

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)

Sept. 13, 2007

Sept. 13, 2007

26

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)

Sept. 14, 2007

Sept. 14, 2007

27

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

Sept. 14, 2007

Sept. 14, 2007

28

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)

Sept. 14, 2007

Sept. 14, 2007

29

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

Sept. 19, 2007

Sept. 19, 2007

30

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

Sept. 21, 2007

Sept. 21, 2007

31

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

Sept. 21, 2007

Sept. 21, 2007

32

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)

Sept. 25, 2007

Sept. 25, 2007

33

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

Sept. 26, 2007

Sept. 26, 2007

34

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

Nov. 5, 2007

Nov. 5, 2007

35

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)

Nov. 5, 2007

Nov. 5, 2007

36

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)

Nov. 5, 2007

Nov. 5, 2007

37

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

Nov. 7, 2007

Nov. 7, 2007

38

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

Nov. 7, 2007

Nov. 7, 2007

39

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

Nov. 9, 2007

Nov. 9, 2007

40

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)

Nov. 16, 2007

Nov. 16, 2007

41

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

Nov. 16, 2007

Nov. 16, 2007

42

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)

Nov. 20, 2007

Nov. 20, 2007

43

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)

Nov. 27, 2007

Nov. 27, 2007

44

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

Nov. 27, 2007

Nov. 27, 2007

45

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)

Dec. 3, 2007

Dec. 3, 2007

46

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)

Dec. 4, 2007

Dec. 4, 2007

47

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)

Dec. 21, 2007

Dec. 21, 2007

48

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)

Dec. 21, 2007

Dec. 21, 2007

49

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)

Jan. 3, 2008

Jan. 3, 2008

50

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)

Jan. 3, 2008

Jan. 3, 2008

51

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)

Jan. 8, 2008

Jan. 8, 2008

52

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

Jan. 18, 2008

Jan. 18, 2008

53

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

Jan. 18, 2008

Jan. 18, 2008

54

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

Jan. 18, 2008

Jan. 18, 2008

55

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

Jan. 18, 2008

Jan. 18, 2008

56

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)

Jan. 30, 2008

Jan. 30, 2008

57

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)

Jan. 30, 2008

Jan. 30, 2008

58

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)

Feb. 5, 2008

Feb. 5, 2008

59

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

Feb. 5, 2008

Feb. 5, 2008

60

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)

March 11, 2008

March 11, 2008

61

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)

March 11, 2008

March 11, 2008

62

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)

March 17, 2008

March 17, 2008

63

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)

March 17, 2008

March 17, 2008

64

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)

March 20, 2008

March 20, 2008

65

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)

April 14, 2008

April 14, 2008

66

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)

April 14, 2008

April 14, 2008

67

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)

April 14, 2008

April 14, 2008

68

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)

April 28, 2008

April 28, 2008

69

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)

April 28, 2008

April 28, 2008

70

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)

April 29, 2008

April 29, 2008

71

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)

April 29, 2008

April 29, 2008

72

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)

May 6, 2008

May 6, 2008

73

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)

May 16, 2008

May 16, 2008

74

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)

May 16, 2008

May 16, 2008

75

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)

May 22, 2008

May 22, 2008

76

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)

Sept. 29, 2008

Sept. 29, 2008

77

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

Sept. 29, 2008

Sept. 29, 2008

RECAP
78

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)

Oct. 14, 2008

Oct. 14, 2008

79

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)

Oct. 14, 2008

Oct. 14, 2008

80

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

Oct. 15, 2008

Oct. 15, 2008

81

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)

Oct. 23, 2008

Oct. 23, 2008

82

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

Nov. 12, 2008

Nov. 12, 2008

83

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)

Nov. 13, 2008

Nov. 13, 2008

84

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

Nov. 13, 2008

Nov. 13, 2008

85

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)

Nov. 18, 2008

Nov. 18, 2008

86

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)

Nov. 18, 2008

Nov. 18, 2008

87

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)

Nov. 25, 2008

Nov. 25, 2008

88

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

Dec. 15, 2008

Dec. 15, 2008

89

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)

Dec. 17, 2008

Dec. 17, 2008

90

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)

Dec. 17, 2008

Dec. 17, 2008

91

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)

Dec. 23, 2008

Dec. 23, 2008

92

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)

Dec. 29, 2008

Dec. 29, 2008

93

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)

Dec. 29, 2008

Dec. 29, 2008

94

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)

Dec. 29, 2008

Dec. 29, 2008

95

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)

Dec. 29, 2008

Dec. 29, 2008

96

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)

Jan. 13, 2009

Jan. 13, 2009

97

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)

Jan. 15, 2009

Jan. 15, 2009

98

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)

Jan. 15, 2009

Jan. 15, 2009

99

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)

Jan. 16, 2009

Jan. 16, 2009

100

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)

Jan. 16, 2009

Jan. 16, 2009

101

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

Jan. 16, 2009

Jan. 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