Case: Dubois v. Medows

4:03-cv-00107 | U.S. District Court for the Northern District of Florida

Filed Date: April 11, 2003

Closed Date: 2007

Clearinghouse coding complete

Case Summary

On April 11, 2003, three individuals with brain or spinal injuries who were on the waiting list for the Brain or Spinal Cord Injury Medicaid Home and Community Based Waiver Program (BSCI Waiver Program) filed a lawsuit against several Florida state officials under the Americans with Disabilities Act, 42 U.S.C. §1201 et seq.; Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. §794(a); Title XIX of the Social Security Act, 42 U.S.C. §1396 et seq., and Due Process Clause in the U.S. District…

On April 11, 2003, three individuals with brain or spinal injuries who were on the waiting list for the Brain or Spinal Cord Injury Medicaid Home and Community Based Waiver Program (BSCI Waiver Program) filed a lawsuit against several Florida state officials under the Americans with Disabilities Act, 42 U.S.C. §1201 et seq.; Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. §794(a); Title XIX of the Social Security Act, 42 U.S.C. §1396 et seq., and Due Process Clause in the U.S. District Court for the Northern District of Florida, Tallahassee Division. The plaintiffs, represented by public service attorneys, asked the Court for declaratory and injunctive relief, alleging that due to defendants' underfunding and poor administration, only 176 individuals were receiving BSCI Waiver Program services in Florida, despite a waiting list of 226 who met eligibility requirements.

On March 1, 2004, the Court (Judge Stephan P. Mickle) granted the plaintiffs' motion for class certification.

After a long period of discovery and negotiations, the parties reached a Settlement Agreement on October 10, 2006, according to which, defendants agreed to make it a priority to seek funding to expand the BSCI Waiver Program by at least 200 slots for the next three years.

On January 4, 2007, the Court (Judge Mickle) approved the Settlement Agreement and dismissed the case with prejudice.

Summary Authors

Kunyi Zhang (2/4/2011)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4715053/parties/dubois-v-medows/


Judge(s)

Kornblum, Allan N. (Florida)

Mickle, Stephan P. (Florida)

Attorneys(s) for Plaintiff

Costello, Andrea Hope (Florida)

Perkins, Jane (North Carolina)

Sleasman, Peter P. (Florida)

Somers, Sarah (North Carolina)

Attorneys(s) for Defendant

Finkel, Charles Alan (Florida)

MacInnes, Douglas B. (Florida)

Waas, George Lee (Florida)

Judge(s)

Kornblum, Allan N. (Florida)

Mickle, Stephan P. (Florida)

Attorneys(s) for Plaintiff

Costello, Andrea Hope (Florida)

Perkins, Jane (North Carolina)

Sleasman, Peter P. (Florida)

Somers, Sarah (North Carolina)

Attorneys(s) for Defendant

Finkel, Charles Alan (Florida)

MacInnes, Douglas B. (Florida)

Waas, George Lee (Florida)

Documents in the Clearinghouse

Document

Docket

Jan. 4, 2007 Docket
1

Complaint

April 11, 2003 Complaint
75

Order (Denying Motions to Dismiss, Granting Class Certification)

March 1, 2004 Order/Opinion
190

Joint Notice of Filing Settlement Agreement

Oct. 10, 2006 Settlement Agreement
208

Plaintiffs’ Memorandum in Support of Joint Motion for Approval of Settlement Agreement

Jan. 3, 2007 Pleading / Motion / Brief
213

Order of Dismissal with Prejudice

Jan. 4, 2007 Order/Opinion
212

Order of Approval of Settlement Agreement

Jan. 4, 2007 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4715053/dubois-v-medows/

Last updated May 20, 2022, 2:15 a.m.

ECF Number Description Date Link
197

ORDER Cancelling Pretrial Conference and Trial pursuant to 190 Notice of Settlement filed by MELVIN M, CHARLES SMITH, MICHAEL DUBOIS; signed by Judge STEPHAN P MICKLE on 10/31/06. (tss)

Oct. 31, 2006 RECAP

setting 90 day no activity deadline pursuant to N.D.Fla.Loc.R.41.1 to 7/10/03 (atm,Gainesville) (Entered: 04/16/2003)

April 11, 2003
198

ORDER Requiring Notice to Class Members of Proposed Settlement and Fairness Hearing - Settlement Hearing set for 1/4/2007 at 01:30 PM before JUDGE STEPHAN P MICKLE; signed by Judge STEPHAN P MICKLE on 10/31/06. (tss)

Oct. 31, 2006 RECAP
1

COMPLAINT Filing Fee: $150.00 Receipt #: 400 102002 (atm,Gainesville) (Entered: 04/16/2003)

April 11, 2003
212

ORDER OF APPROVAL OF SETTLEMENT AGREEMENT re 207 MOTION for Settlement filed by MELVIN M, JOHN O AGWUNOBI, CHARLES SMITH, ALAN LEVINE, MICHAEL DUBOIS, 208 Memorandum in Support of Motion filed by MELVIN M, JOHN O AGWUNOBI, CHARLES SMITH, ALAN LEVINE, MICHAEL DUBOIS Signed by Judge STEPHAN P MICKLE on 1/4/07. (bkp)

Jan. 4, 2007 RECAP
2

CIVIL Cover Sheet (atm,Gainesville) (Entered: 04/16/2003)

April 11, 2003
213

ORDER DISMISSING CASE WITH PREJUDICE Signed by Judge STEPHAN P MICKLE on 1/4/07. (bkp)

Jan. 4, 2007 RECAP
4

AFFIDAVIT of Janes Perkins Re: [3−1] motion for JANE PERKINS AND SARAH SOMERS to Appear Pro Hac Vice by MELVIN M, CHARLES SMITH, MICHAEL DUBOIS (atm,Gainesville) (Entered: 04/16/2003)

April 11, 2003
214

ORDER granting 209 MOTION for Leave to Appear by Telephone filed by MELVIN M, CHARLES SMITH, MICHAEL DUBOIS Signed by Judge STEPHAN P MICKLE on 1/4/07. (bkp) Modified on 1/9/2007 to clarify entry (tss, Gainesville).

Jan. 4, 2007 RECAP
5

AFFIDAVIT of Sarah Somers by MICHAEL DUBOIS, CHARLES SMITH, MELVIN M Re: [3−1] motion for JANE PERKINS AND SARAH SOMERS to Appear Hac Vice by MELVIN M, CHARLES SMITH, MICHAEL DUBOIS (atm,Gainesville) (Entered: 04/16/2003)

April 11, 2003
6

MOTION by plaintiffs MICHAEL DUBOIS, CHARLES SMITH, MELVIN M to proceed in pseudonym and to file exhibits under seal with proposed exhibits A &B (atm,Gainesville) (Entered: 04/16/2003)

April 11, 2003

SUMMONS(ES)/NOTICE OF CONSENT issued for defendant RHONDA MEDOWS, defendant JOHN O AGWUNOBI and forwarded to plaintiff. (atm,Gainesville) (Entered: 04/16/2003)

April 15, 2003

Motion submitted with file to Judge Stephan P. Mickle Re: [6−1] motion to proceed in pseudonym and to file exhibits under seal by MELVIN M, CHARLES SMITH, MICHAEL DUBOIS, [3−1] motion for JANE PERKINS AND SARAH SOMERS to Appear Pro Hac Vice by MELVIN M, CHARLES SMITH, MICHAEL DUBOIS (atm,Gainesville) (Entered: 04/16/2003)

April 16, 2003
7

ORDER by Judge Stephan P. Mickle granting [3−1] motion for JANE PERKINS AND SARAH SOMERS to Appear Pro Hac Vice Copies sent as noted on document. (knr,Gainesville) (Entered: 04/24/2003)

April 24, 2003
9

NOTICE by plaintiff MICHAEL DUBOIS, plaintiff CHARLES SMITH, plaintiff MELVIN M of filing returns of service (knr,Gainesville) (Entered: 05/01/2003)

April 29, 2003
10

RETURN of Service Executed as to defendant RHONDA MEDOWS 4/17/03 Answer due on 5/7/03 for RHONDA MEDOWS (knr,Gainesville) (Entered: 05/01/2003)

April 29, 2003
11

RETURN of Service Executed as to defendant JOHN O AGWUNOBI 4/17/03 Answer due on 5/7/03 for JOHN O AGWUNOBI (knr,Gainesville) (Entered: 05/01/2003)

April 29, 2003
8

ORDER by Judge Stephan P. Mickle granting [6−1] motion to proceed in pseudonym and to file exhibits under seal Copies sent as noted on document. (knr,Gainesville) (Entered: 04/30/2003)

April 30, 2003
12

MOTION by plaintiff MICHAEL DUBOIS, plaintiff CHARLES SMITH, plaintiff MELVIN M for class certification Deadline for filing response to motion is: 5/20/03 and deadline to return file to court is: 5/27/03 (knr,Gainesville) (Entered: 05/05/2003)

May 2, 2003
13

MEMORANDUM by plaintiff MICHAEL DUBOIS, plaintiff CHARLES SMITH, plaintiff MELVIN M in support of [12−1] motion for class certification by MELVIN M, CHARLES SMITH, MICHAEL DUBOIS . (knr,Gainesville) (Entered: 05/05/2003)

May 2, 2003
14

MOTION by defendant RHONDA MEDOWS, defendant JOHN O AGWUNOBI to Extend Time to Answer [12−1] motion for class certification by MELVIN M, CHARLES SMITH, MICHAEL DUBOIS (until 5/27/03) (knr,Gainesville) (Entered: 05/09/2003)

May 7, 2003

Motion submitted with file to Judge Stephan P. Mickle Re: [14−1] motion to Extend Time to Answer [12−1] motion for class certification by MELVIN M, CHARLES SMITH, MICHAEL DUBOIS by JOHN O AGWUNOBI, RHONDA MEDOWS (knr,Gainesville) (Entered: 05/13/2003)

May 13, 2003
15

MOTION by plaintiffs' MICHAEL DUBOIS, CHARLES SMITH, MELVIN M to Extend Time to file attorney time records through April 30, 2003 (knr,Gainesville) Modified on 05/16/2003 (Entered: 05/16/2003)

May 15, 2003
16

ORDER by Judge Stephan P. Mickle granting [14−1] motion to Extend Time to Answer [12−1] motion for class certification by MELVIN M, CHARLES SMITH, MICHAEL DUBOIS setting answer to complaint deadline for 5/27/03 for JOHN O AGWUNOBI, RHONDA MEDOWS , resetting response to motion deadline for 5/27/03 Re: [12−1] motion for class certification by MELVIN M, CHARLES SMITH, MICHAEL DUBOIS Copies sent as noted on document. (knr,Gainesville) (Entered: 05/20/2003)

May 20, 2003
17

ORDER by Judge Stephan P. Mickle granting [15−1] motion to Extend Time to file attorney time records through April 30, 2003 until 5/30/03 Copies sent as noted on document. (knr,Gainesville) (Entered: 05/21/2003)

May 21, 2003
18

ATTORNEY Time Record by plaintiff MICHAEL DUBOIS, plaintiff CHARLES SMITH, plaintiff MELVIN M (knr,Gainesville) (Entered: 05/21/2003)

May 21, 2003
19

RULE 7.1(B) Conference Statement by Defendants RHONDA MEDOWS, JOHN O AGWUNOBI Re: [14−1] motion to Extend Time to Answer [12−1] motion for class certification by MELVIN M, CHARLES SMITH, MICHAEL DUBOIS by JOHN O AGWUNOBI, RHONDA MEDOWS (tss,Gainesville) (Entered: 05/30/2003)

May 27, 2003
20

MOTION by Defendants RHONDA MEDOWS, JOHN O AGWUNOBI to Dismiss Complaint Deadline for filing response to motion is: 6/16/03 and deadline to return file to court is: 6/19/03 (tss,Gainesville) (Entered: 05/30/2003)

May 27, 2003

Motion submitted with file to Judge Stephan P. Mickle Re: [12−1] motion for class certification by MELVIN M, CHARLES SMITH, MICHAEL DUBOIS (tss,Gainesville) (Entered: 05/30/2003)

May 30, 2003
21

ATTORNEY Time Record by plaintiffs MICHAEL DUBOIS, CHARLES SMITH, MELVIN M (knr,Gainesville) (Entered: 06/02/2003)

May 30, 2003
22

MOTION by plaintiff MICHAEL DUBOIS, plaintiff CHARLES SMITH, plaintiff MELVIN M to Extend Time to Answer [20−1] motion to Dismiss Complaint by JOHN O AGWUNOBI, RHONDA MEDOWS (knr,Gainesville) (Entered: 06/03/2003)

June 3, 2003
23

RESPONSE by defendant RHONDA MEDOWS, defendant JOHN O AGWUNOBI to [12−1] motion for class certification by MELVIN M, CHARLES SMITH, MICHAEL DUBOIS (knr,Gainesville) (Entered: 06/04/2003)

June 3, 2003

Motion submitted without file to Judge Stephan P. Mickle Re: [22−1] motion to Extend Time to Answer [20−1] motion to Dismiss Complaint by JOHN O AGWUNOBI, RHONDA MEDOWS by MELVIN M, CHARLES SMITH, MICHAEL DUBOIS (knr,Gainesville) (Entered: 06/04/2003)

June 4, 2003

DOCUMENT Location re: [23−1] motion response to motion for class certification by JOHN O AGWUNOBI, RHONDA MEDOWS sent to chambers Reason: review (knr,Gainesville) (Entered: 06/04/2003)

June 4, 2003
24

NOTICE by defendants RHONDA MEDOWS, JOHN O AGWUNOBI of supplemental authority in support of motion to dismiss (atm,Gainesville) (Entered: 06/11/2003)

June 10, 2003
25

SUBSTITUTE ATTORNEY Time Record for April 2003 by Plaintiffs MICHAEL DUBOIS, CHARLES SMITH, MELVIN M (tss,Gainesville) (Entered: 06/17/2003)

June 16, 2003
26

ATTORNEY Time Record for May 2003 by Plaintiffs MICHAEL DUBOIS, CHARLES SMITH, MELVIN M (National Health Law Program) (tss,Gainesville) Modified on 06/17/2003 (Entered: 06/17/2003)

June 16, 2003
27

ATTORNEY Time Record for May 2003 by Plaintiffs MICHAEL DUBOIS, CHARLES SMITH, MELVIN M (Southern Legal Counsel) (tss,Gainesville) (Entered: 06/17/2003)

June 16, 2003

Motion submitted without to Judge Stephan P. Mickle Re: [20−1] motion to Dismiss Complaint by JOHN O AGWUNOBI, RHONDA MEDOWS (csg,Gainesville) (Entered: 07/01/2003)

July 1, 2003
29

MOTION by defendant RHONDA MEDOWS, defendant JOHN O AGWUNOBI for Leave to File addenum Re: [23−1] motion response by JOHN O AGWUNOBI, RHONDA MEDOWS with addendum in text of said motion Deadline for filing response to motion is: 7/28/03 and deadline to return file to court is: 7/31/03 (knr,Gainesville) Modified on 07/17/2003 (Entered: 07/09/2003)

July 8, 2003
30

ATTORNEY Time Record by plaintiffs MICHAEL DUBOIS, CHARLES SMITH, MELVIN M (knr,Gainesville) (Entered: 07/14/2003)

July 11, 2003
31

ATTORNEY Time Record by plaintiff MICHAEL DUBOIS, CHARLES SMITH, MELVIN M (knr,Gainesville) (Entered: 07/14/2003)

July 11, 2003
32

RESPONSE by plaintiffs MICHAEL DUBOIS, CHARLES SMITH, MELVIN M to [29−1] motion for Leave to File addenum Re: [23−1] motion response by JOHN O AGWUNOBI, RHONDA MEDOWS by JOHN O AGWUNOBI, RHONDA MEDOWS (knr,Gainesville) (Entered: 07/14/2003)

July 11, 2003

Motion submitted without file to Judge Stephan P. Mickle Re: [29−1] motion for Leave to File addenum Re: [23−1] motion response by JOHN O AGWUNOBI, RHONDA MEDOWS by JOHN O AGWUNOBI, RHONDA MEDOWS (knr,Gainesville) (Entered: 07/14/2003)

July 14, 2003

resetting 90 day no activity deadline pursuant to N.D.Fla.Loc.R.41.1 to 10/14/03 (knr,Gainesville) (Entered: 07/15/2003)

July 15, 2003
33

ORDER by Judge Stephan P. Mickle granting [29−1] motion for Leave to File addenum Re: [23−1] motion response by JOHN O AGWUNOBI, RHONDA MEDOWS Copies sent as noted on document. (bkp,Gainesville) (Entered: 07/16/2003)

July 16, 2003
34

SCHEDULING ORDER by Judge Stephan P. Mickle setting deadlines for: filing Joint Report of Planning Meeting by: 9/8/03 Discovery Cutoff: 11/17/03 Copies sent as noted on document. (knr,Gainesville) (Entered: 07/18/2003)

July 18, 2003
35

ATTORNEY Time Record by plaintiffs MICHAEL DUBOIS, CHARLES SMITH, MELVIN M (llt,Gainesville) (Entered: 08/15/2003)

Aug. 15, 2003
36

ATTORNEY Time Record by plaintiffs MICHAEL DUBOIS, CHARLES SMITH, MELVIN M (llt,Gainesville) (Entered: 08/15/2003)

Aug. 15, 2003
37

MEMORANDUM by defendants RHONDA MEDOWS, JOHN O AGWUNOBI in support of [20−1] motion to Dismiss Complaint by JOHN O AGWUNOBI, RHONDA MEDOWS (bkp,Gainesville) (Entered: 08/20/2003)

Aug. 19, 2003
38

JOINT Report of Planning Meeting requesting 12/31/03 discovery deadline (llt,Gainesville) (Entered: 08/26/2003)

Aug. 26, 2003

DOCUMENT Location re: [38−1] joint report requesting 12/31/03 discovery deadline sent to Deputy Clerk Reason: review (llt,Gainesville) (Entered: 08/27/2003)

Aug. 27, 2003
39

RULE 26 Disclosure by defendants RHONDA MEDOWS, JOHN O AGWUNOBI (llt,Gainesville) (Entered: 08/28/2003)

Aug. 27, 2003
40

Mediation and SCHEDULING ORDER by Judge Stephan P. Mickle setting deadlines for: Discovery Cutoff: 12/31/03 filing Mediation Report by: 2/28/04 Bench trial date: 4/19/04 Dispositive motions by: 1/19/04 Copies sent as noted on document. (llt,Gainesville) (Entered: 09/02/2003)

Sept. 2, 2003
41

NOTICE by plaintiffs MICHAEL DUBOIS, CHARLES SMITH, MELVIN M of supplemental authority for Plaintiffs' Memorandum of Law in Opposition to Defendants' Motion to Dismiss (llt,Gainesville) (Entered: 09/02/2003)

Sept. 2, 2003
43

ATTORNEY Time Record by plaintiffs MICHAEL DUBOIS, CHARLES SMITH (llt,Gainesville) (Entered: 09/11/2003)

Sept. 11, 2003
44

ATTORNEY Time Record by plaintiffs MICHAEL DUBOIS, CHARLES SMITH, MELVIN M (llt,Gainesville) (Entered: 09/11/2003)

Sept. 11, 2003
45

ADDENDUM RULE 26 Disclosure by defendants RHONDA MEDOWS, JOHN O AGWUNOBI (atm,Gainesville) (Entered: 09/17/2003)

Sept. 15, 2003
46

NOTICE by plaintiffs MICHAEL DUBOIS, CHARLES SMITH, MELVIN M of supplemental authority for Plaintiff's memorandum of Law in Opposition [doc 28] to Defendants' Motion to Dismiss [doc 20] (llt,Gainesville) (Entered: 09/20/2003)

Sept. 19, 2003
47

NOTICE by Charles J. Crist, Jr., counsel for defendants RHONDA MEDOWS, JOHN O AGWUNOBI of unavailablility 12/19/03 − 6/5/04 (llt,Gainesville) (Entered: 10/15/2003)

Oct. 14, 2003

resetting 90 day no activity deadline pursuant to N.D.Fla.Loc.R.41.1 to 1/13/04 (llt,Gainesville) (Entered: 10/15/2003)

Oct. 15, 2003
48

ATTORNEY Time Record by plaintiffs MICHAEL DUBOIS, CHARLES SMITH, MELVIN M (llt,Gainesville) (Entered: 10/15/2003)

Oct. 15, 2003
49

ATTORNEY Time Record by plaintiffs MICHAEL DUBOIS, CHARLES SMITH, MELVIN M (llt,Gainesville) (Entered: 10/15/2003)

Oct. 15, 2003

resetting 90 day no activity deadline pursuant to N.D.Fla.Loc.R.41.1 to 1/13/04 (llt,Gainesville) (Entered: 10/15/2003)

Oct. 15, 2003

DOCUMENT Location re: [47−1] notice of unavailablility 12/19/03 − 6/5/04 by JOHN O AGWUNOBI, RHONDA MEDOWS sent to Chambers Reason: review (llt,Gainesville) (Entered: 10/16/2003)

Oct. 16, 2003
50

Amended NOTICE by plaintiff MELVIN M of unavailability of defense counsel 12/19/03−1/5/04 (llt,Gainesville) (Entered: 10/20/2003)

Oct. 17, 2003

DOCUMENT Location re: [50−1] notice of unavailability of defense counsel 12/19/03−1/5/04 by MELVIN M sent to Chambers Reason: review (llt,Gainesville) (Entered: 10/21/2003)

Oct. 21, 2003
51

Unopposed MOTION by plaintiffs MICHAEL DUBOIS, CHARLES SMITH, MELVIN M to Modify [40−1] Scheduling order as follows: Plaintiffs' Expert Report shall be served by 12/15/03, Defendants' Expert Report shall be served by 1/15/04, Expert depositions shall be completed by 1/30/04 and Motions shall be filed by 2/27/04 (llt,Gainesville) (Entered: 10/30/2003)

Oct. 30, 2003

Motion submitted without file to Judge Stephan P. Mickle Re: [51−1] motion to Modify [40−1] Scheduling order as follows: Plaintiffs' Expert Report shall be served by 12/15/03, Defendants' Expert Report shall be served by 1/15/04, Expert depositions shall be completed by 1/30/04 and Motions shall be filed by 2/27/04 by MELVIN M, CHARLES SMITH, MICHAEL DUBOIS (llt,Gainesville) (Entered: 10/31/2003)

Oct. 31, 2003
52

ORDER by Judge Stephan P. Mickle granting [51−1] motion to Modify [40−1] Scheduling order as follows: Plaintiffs' Expert Report shall be served by 12/15/03, Defendants' Expert Report shall be served by 1/15/04, Expert depositions shall be completed by 1/30/04 and Motions shall be filed by 2/27/04 and resetting motion filing deadline for 2/27/04 Copies sent as noted on document. (llt,Gainesville) (Entered: 11/05/2003)

Nov. 5, 2003
53

NOTICE of filing addendum to Response to First Request to Produce Documents by JOHN O AGWUNOBI, RHONDA MEDOWS (Response never filed with the court) (llt, Gainesville) (Entered: 11/17/2003)

Nov. 12, 2003
54

ATTORNEY TIME RECORDS by plaintiffs MICHAEL DUBOIS, MELVIN M, CHARLES SMITH. (llt, Gainesville) (Entered: 11/24/2003)

Nov. 17, 2003
56

Unopposed MOTION to Modify the Scheduling Order, requesting 2/1/04 discovery deadline, 1/20/04 Plaintiffs' Expert Report Deadline, 2/20/04 Defendants' Expert Report deadline, 3/8/04 Expert Depositions deadline, 2/20/04 mediation deadline and 4/8/04 motion filing deadline by MICHAEL DUBOIS, CHARLES SMITH. (llt, Gainesville) (Entered: 12/16/2003)

Dec. 15, 2003
57

ATTORNEY TIME RECORDS by plaintiffs MICHAEL DUBOIS, MELVIN M, RHONDA MEDOWS, CHARLES SMITH for November, 2003. (llt, Gainesville) (Entered: 12/16/2003)

Dec. 15, 2003

ACTION REQUIRED BY CHAMBERS: Chambers of Judge Stephan P. Mickle notified that action is needed Re: 56 UNOPPOSED MOTION to Extend Deadlines in Mediation and Scheduling Order filed by MICHAEL DUBOIS, CHARLES SMITH (tss, Gainesville) (Entered: 12/17/2003)

Dec. 17, 2003
58

ORDER granting 56 Motion to Modify the Scheduling Order; new deadlines established and reset: 12/19/03 Mediator Selection deadline, 2/1/04 Discovery deadline, 1/20/04 Plaintiffs' Expert Report service deadline; 2/9/04 Mediation deadline, 2/20/04 Defendants' Expert Report service deadline; 3/8/04 Expert depositions completion deadline, 4/8/04 Motions filing deadline and 6/24/04 Tallahassee Trial date reset. Signed by Judge STEPHAN P MICKLE. (llt, Gainesville) (Entered: 12/20/2003)

Dec. 18, 2003

Set/Reset Scheduling Order Deadlines: Discovery due by 2/2/2004. Motions due by 4/8/2004. (llt, Gainesville) (Entered: 12/20/2003)

Dec. 20, 2003

Set Deadlines/Hearings: Mediation to take place by 2/9/2004 (llt, Gainesville) (Entered: 12/20/2003)

Dec. 20, 2003

Set/Reset Trial Management Order Deadlines: Bench Trial reset for 6/24/2004 08:30 AM before JUDGE STEPHAN P MICKLE pursuant to order [doc 58] extending deadlines and continuing trial. (llt, Gainesville) (Entered: 12/22/2003)

Dec. 22, 2003
59

NOTICE of Hearing: Bench Trial reset for 6/21/2004 08:30 AM before JUDGE STEPHAN P MICKLE. (tss, Gainesville) (Entered: 01/06/2004)

Jan. 6, 2004
60

ATTORNEY TIME RECORDS for December, 2003 by attorneys for plaintiffs MICHAEL DUBOIS, MELVIN M, CHARLES SMITH, Andrea Costello and Peter Sleasman. (llt, Gainesville) (Entered: 01/19/2004)

Jan. 15, 2004
61

ATTORNEY TIME RECORDS for December, 2003 by attorneys for plaintiffs MICHAEL DUBOIS, MELVIN M, CHARLES SMITH, Jane Perkins and Sarah Somers. (llt, Gainesville) (Entered: 01/19/2004)

Jan. 15, 2004
62

MOTION for Extension of Time to Complete Discovery by MICHAEL DUBOIS, MELVIN M, CHARLES SMITH. (COSTELLO, ANDREA) (Entered: 01/27/2004)

Jan. 27, 2004
63

NOTICE by JOHN O AGWUNOBI, RHONDA MEDOWS re 62 MOTION for Extension of Time to Complete Discovery (WAAS, GEORGE) (Entered: 01/28/2004)

Jan. 28, 2004

ACTION REQUIRED BY CHAMBERS: Chambers of Judge Stephan P. Mickle notified that action is needed Re: 62 MOTION for Extension of Time to Complete Discovery filed by MICHAEL DUBOIS, CHARLES SMITH, MELVIN M and 63 Notice (response) filed by JOHN O AGWUNOBI, RHONDA MEDOWS (tss, Gainesville) Modified on 1/29/2004 (tss, Gainesville). (Entered: 01/28/2004)

Jan. 28, 2004
64

RESPONSE in Support re 62 MOTION for Extension of Time to Complete Discovery and Defs' Notice to the Court filed by MICHAEL DUBOIS, MELVIN M, CHARLES SMITH. (COSTELLO, ANDREA) (Entered: 02/03/2004)

Feb. 3, 2004
65

REPLY to Response to Motion re 62 MOTION for Extension of Time to Complete Discovery filed by JOHN O AGWUNOBI, RHONDA MEDOWS. (WAAS, GEORGE) (Entered: 02/05/2004)

Feb. 5, 2004

ACTION REQUIRED BY CHAMBERS: Chambers of Judge Stephan P. Mickle notified that action is needed Re: 65 Reply to Response to Motion filed by JOHN O AGWUNOBI, RHONDA MEDOWS (tss, Gainesville) (Entered: 02/06/2004)

Feb. 6, 2004
67

ORDER granting 62 MOTION for Extension of Time to Complete Discovery filed by MICHAEL DUBOIS, CHARLES SMITH, MELVIN M − Discovery due by 4/2/2004; Dispositive Motions to be filed by 6/4/2004; Bench Trial set for 7/19/2004 08:30 AM before JUDGE STEPHAN P MICKLE; Mediation Report due by 4/16/2004 − Signed by Judge STEPHAN P MICKLE on 2/11/04. (tss, Gainesville) (Entered: 02/11/2004)

Feb. 11, 2004
68

DOCKET ANNOTATION BY COURT: Doc 66 , Docket Annotation, is corrected as following, [Doc 65] is the exact same pleading as [doc 63]* (not doc 64)* (llt, Gainesville) (Entered: 02/12/2004)

Feb. 12, 2004
69

First MOTION to Extend Time re Trial Date by JOHN O AGWUNOBI. (WAAS, GEORGE) (Entered: 02/13/2004)

Feb. 13, 2004
70

First MOTION to Withdraw as Attorney Charles Finkel by JOHN O AGWUNOBI. (WAAS, GEORGE) (Entered: 02/17/2004)

Feb. 17, 2004
71

NOTICE by MICHAEL DUBOIS, MELVIN M, CHARLES SMITH of Filing of January, 2004 Time Records (COSTELLO, ANDREA) (Entered: 02/17/2004)

Feb. 17, 2004
72

NOTICE by MICHAEL DUBOIS, MELVIN M, CHARLES SMITH of Filing of January, 2004 Time Records (COSTELLO, ANDREA) (Entered: 02/17/2004)

Feb. 17, 2004

MOTIONS REFERRED to Judge Judge Kornblum: 70 First MOTION to Withdraw as Attorney Charles Finkel (llt, Gainesville) (Entered: 02/18/2004)

Feb. 18, 2004
73

DOCKET ANNOTATION BY COURT: Counsel for Defendant, Mr. Finkel, will file a separate Motion for Withdrawal, which was included in within the Motion to Extend Trial Date doc 69 . (llt, Gainesville) (Entered: 02/18/2004)

Feb. 18, 2004

ACTION REQUIRED BY CHAMBERS: Chambers of Mickle notified that action is needed Re: 69 Unopposed MOTION to Extend 7/19/04 Trial Date to 8/9/04 filed by JOHN O AGWUNOBI (Withdrawal of Attorney Finkel, included within this motion,to be filed separately as another motion) (llt, Gainesville) (Entered: 02/18/2004)

Feb. 18, 2004

ACTION REQUIRED BY CHAMBERS: Chambers of Magistrate Judge Allan Kornblum notified that action is needed Re: 70 First MOTION to Withdraw as Attorney Charles Finkel filed by JOHN O AGWUNOBI (tss, Gainesville) (Entered: 02/19/2004)

Feb. 19, 2004
74

ORDER granting 70 Motion for Charles Finkel to Withdraw as Defendants' Co−Counsel. Attorney CHARLES ALAN FINKEL terminated . Signed by Judge ALLAN KORNBLUM. (llt, Gainesville) (Entered: 02/20/2004)

Feb. 20, 2004
75

ORDER granting 12 Motion for Class Certification, denying 20 Motion to Dismiss the Complaint, and granting 22 Motion for Extension of Time to Respond to 20 Motion to Dismiss the Complaint − response was considered;signed by Judge STEPHAN P MICKLE. (tss, Gainesville) (Entered: 03/02/2004)

March 1, 2004

State / Territory: Florida

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Olmstead Cases

Key Dates

Filing Date: April 11, 2003

Closing Date: 2007

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A group of individuals with brain or spinal cord injuries who were on the waiting list for the Brain or Spinal Cord Injury Medicaid Home and Community Based Waiver Program.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

State of Florida, State

Case Details

Causes of Action:

42 U.S.C. § 1983

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

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

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

Constitutional Clause(s):

Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $245,000

Issues

Benefit Source:

Medicaid