Case: Eager v. Engler

5:02-cv-00044 | U.S. District Court for the Western District of Michigan

Filed Date: March 19, 2002

Closed Date: Feb. 2, 2004

Clearinghouse coding complete

Case Summary

On March 19, 2002, seven individuals with disabilities and five organizations which advocate for community placement for people with disabilities filed a lawsuit against the state of Michigan under the Medical Assistance Act, 42 U.S.C. § 1396 et seq., the Americans with Disabilities Act, 42 U.S.C. § 12101 et seq., and Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794 in the U.S. District Court for the Western District of Michigan, Southern Division. The plaintiffs, represented by …

On March 19, 2002, seven individuals with disabilities and five organizations which advocate for community placement for people with disabilities filed a lawsuit against the state of Michigan under the Medical Assistance Act, 42 U.S.C. § 1396 et seq., the Americans with Disabilities Act, 42 U.S.C. § 12101 et seq., and Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794 in the U.S. District Court for the Western District of Michigan, Southern Division. The plaintiffs, represented by legal services, asked the court for declaratory and injunctive relief, alleging that the State was unlawfully and unnecessarily segregating people with disabilities in nursing homes rather than serving them in the most integrated setting appropriate to their needs--their own homes. Specifically, the plaintiffs requested the admission to the waiver program, the creation of waiting lists for MiChoice, and the provision of information to the public about the MiChoice program.

After long and detailed settlement negotiations, on February 2, 2004, the parties reached a settlement whereby for FY '04, the state was required to allocate no less than $100 million to the MiChoice program, the state agreed to take steps to ensure greater public understanding of long term care options, and the state would use identical criteria for both applicants for the MiChoice program and applicants to nursing facilities, etc.

Summary Authors

Kunyi Zhang (2/19/2011)

People


Judge(s)

McKeague, David William (Michigan)

Attorneys(s) for Plaintiff

Cody, Mark A. (Michigan)

Hirschel, Alison (Michigan)

Singer, Abraham (Michigan)

Attorneys(s) for Defendant

Marsden, Erica Weiss (Michigan)

Judge(s)

McKeague, David William (Michigan)

Attorneys(s) for Plaintiff

Cody, Mark A. (Michigan)

Hirschel, Alison (Michigan)

Singer, Abraham (Michigan)

Attorneys(s) for Defendant

Marsden, Erica Weiss (Michigan)

Documents in the Clearinghouse

Document

5:02-cv-00044

Docket

Feb. 2, 2004

Feb. 2, 2004

Docket
1

5:02-cv-00044

Complaint

March 19, 2002

March 19, 2002

Complaint
30

5:02-cv-00044

Stipulation for Settlement

Dec. 15, 2003

Dec. 15, 2003

Settlement Agreement
32

5:02-cv-00044

Order (Dismissing the Case)

Feb. 2, 2004

Feb. 2, 2004

Order/Opinion

5:02-cv-00044

Presentation to the Governor’s Task Force on Medicaid Long Term Care

No Court

Sept. 13, 2004

Sept. 13, 2004

Press Release

Resources

Docket

Last updated Aug. 13, 2022, 3:09 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against all defendants; filed by Robert Eager, Grand Rapids Center for Independent Living, Great Lakes Center for Independent Living, Howard Hugger, Terrell King, Georgette Kraft, Dennis Lowe, Michigan Association of Centers For Independent Living, Michigan Campaign for Quality Care, Michigan Disability Rights Coalition, Dora Oats, Evelyn G. Wright (Attachments:, # 1, # 2, # 3)(ldm, ) (Entered: 03/19/2002)

March 19, 2002

March 19, 2002

Summons Issued as to John Engler (ldm, ) (Entered: 03/19/2002)

March 19, 2002

March 19, 2002

Summons Issued as to James K. Haveman Jr. (ldm, ) (Entered: 03/19/2002)

March 19, 2002

March 19, 2002

2

SUMMONS Returned Executed; John Engler served on 3/19/2002, answer due 4/8/2002 (lkd, ) (Entered: 04/04/2002)

April 4, 2002

April 4, 2002

3

SUMMONS Returned Executed; James K. Haveman Jr. served on 3/19/2002, answer due 4/8/2002 (lkd, ) (Entered: 04/04/2002)

April 4, 2002

April 4, 2002

4

ANSWER to Complaint ; Affirmative Defenses by John Engler, James K. Haveman Jr. (pjl, ) (Entered: 04/09/2002)

April 8, 2002

April 8, 2002

5

PROOF OF SERVICE by John Engler, James K. Haveman Jr. re 4 Answer to Complaint and Affirmative Defenses (pjl, ) (Entered: 04/09/2002)

April 8, 2002

April 8, 2002

6

ORDER Setting Rule 16 Scheduling Conference before Judge David W. McKeague: Rule 16 scheduling conference set for 5/6/2002 at 11:00 AM at Lansing, MI; status report due by 5/1/2002; signed by Judge David W. McKeague (Judge David W. McKeague, bsd) (Entered: 04/09/2002)

April 9, 2002

April 9, 2002

Copies of Order Setting Rule 16 Scheduling Conference #6 sent via U.S. Mail to Attorneys Mark A. Cody and Erica Marsden (ldm) (Entered: 04/10/2002)

April 10, 2002

April 10, 2002

7

CHANGE OF ADDRESS by Mark A. Cody (copy of address change forwarded to atty maint clerk) (pjl) (Entered: 04/11/2002)

April 11, 2002

April 11, 2002

8

JOINT STATUS REPORT submitted for filing (lkd) Modified on 5/3/2002 (lkd). (Entered: 05/03/2002)

May 1, 2002

May 1, 2002

9

Notice of Rule 16 scheduling conference re−set for 5/17/2002 at 11:00 AM at Lansing, MI;before Judge David W. McKeague (Judge David W. McKeague, bsd) (Entered: 05/06/2002)

May 6, 2002

May 6, 2002

Copies of 9 Notice of Hearing sent via U.S. Mail to attys Cody and Marsden (pjl) (Entered: 05/06/2002)

May 6, 2002

May 6, 2002

11

Minute Entry: Scheduling Conference held before David W. McKeague (Judge David W. McKeague, bsd) (Entered: 05/24/2002)

May 17, 2002

May 17, 2002

10

CASE MANAGEMENT ORDER: telephone status conference set for 6/13/2002 at 04:30 PM at Lansing, MI;; signed by Judge David W. McKeague (Judge David W. McKeague, bsd) (Entered: 05/24/2002)

May 24, 2002

May 24, 2002

Copies of #10 sent via U.S. Mail to attys Cody and Marsden (lkd) (Entered: 05/28/2002)

May 24, 2002

May 24, 2002

12

Minute Entry: Telephone Status Conference held before David W. McKeague (Judge David W. McKeague, bsd) (Entered: 06/17/2002)

June 13, 2002

June 13, 2002

13

SECOND CASE MANAGEMENT ORDER: telephone status conference set for 11/4/2002 at 02:30 PM at Lansing, MI;; signed by Judge David W. McKeague (Judge David W. McKeague, bsd) (Entered: 06/19/2002)

June 19, 2002

June 19, 2002

Copies of #13 sent via U.S. Mail to attys Cody and Marsden (lkd) (Entered: 06/19/2002)

June 19, 2002

June 19, 2002

14

STIPULATION re 13 to Modify Second Case Management Order filed by John Engler and by Robert Eager, Grand Rapids Center for Independent Living, Great Lakes Center for Independent Living, Howard Hugger, Terrell King, Georgette Kraft, Dennis Lowe, Michigan Association of Centers For Independent Living, Michigan Campaign for Quality Care, Michigan Disability Rights Coalition, Dora Oats, Evelyn G. Wright (pjl, ) (Entered: 08/07/2002)

Aug. 7, 2002

Aug. 7, 2002

15

ORDER MODIFYING SECOND CASE MANAGEMENT ORDER re 14 ; signed by Judge David W. McKeague (Judge David W. McKeague, pjr) (Entered: 08/14/2002)

Aug. 14, 2002

Aug. 14, 2002

Copies of 15 Order sent via U.S. Mail to Mark Cody and Erica Marsden (pjl) (Entered: 08/14/2002)

Aug. 14, 2002

Aug. 14, 2002

17

Minute Entry: Status Conference held before David W. McKeague; to be rescheduled for March, 2003, at which time defendant shall report position of new administration; (Judge David W. McKeague, bsd) (Entered: 12/20/2002)

Dec. 16, 2002

Dec. 16, 2002

18

NOTICE of telephone status conference set for 3/3/2003 at 11:45 AMbefore Judge David W. McKeague (Judge David W. McKeague, bsd) (Entered: 12/20/2002)

Dec. 20, 2002

Dec. 20, 2002

Copies of 18 Notice of Hearing sent via U.S. Mail to Mark Cody and Erica Marsden (pjl) (Entered: 12/20/2002)

Dec. 20, 2002

Dec. 20, 2002

19

Minutes of telephone status conference held before Judge David W. McKeague (Judge David W. McKeague, bsd) (Entered: 03/03/2003)

March 3, 2003

March 3, 2003

20

NOTICE of telephone status conference set for 5/12/2003 at 08:30 AM at Lansing, MI before Judge David W. McKeague; (Judge David W. McKeague, bsd) (Entered: 03/03/2003)

March 3, 2003

March 3, 2003

Copy of Notice of Hearing 20 sent via U.S. Mail to Mark Cody and Erica Marsden (pjl) (Entered: 03/03/2003)

March 3, 2003

March 3, 2003

21

NOTICE of telephone status conference re−set for 7/7/2003 at 02:30 PM at Lansing, MI before Judge David W. McKeague; (Judge David W. McKeague, bsd) (Entered: 05/16/2003)

May 16, 2003

May 16, 2003

Copy of Notice of Hearing 21 sent via U.S. Mail to Mark Cody and Erica Marsden (pjl) (Entered: 05/19/2003)

May 16, 2003

May 16, 2003

22

NOTICE of TIME CHANGE for status conference on 7/7/2003 to 10:30 AM at Lansing, MI before Judge David W. McKeague; (Judge David W. McKeague, bsd) (Entered: 06/26/2003)

June 26, 2003

June 26, 2003

Copy of Notice of Time Change 22 sent via U.S. Mail to Mark Cody and Erica Marsden (pjl, ) (Entered: 06/27/2003)

June 27, 2003

June 27, 2003

23

Minutes of status conference held before Judge David W. McKeague. Parties agree to continue settlement discussions for an additional 60 days. In−person status conference to be held after that time, if no settlement is achieved. Seven days prior to conference, parties shall file joint statement of outstanding points of disagreement. (Judge David W. McKeague, bsd) (Entered: 07/07/2003)

July 7, 2003

July 7, 2003

24

NOTICE of status conference set for 9/8/2003 at 08:00 AM at Lansing, MI before Judge David W. McKeague; status report due by 9/1/2003 (Judge David W. McKeague, bsd) (Entered: 07/07/2003)

July 7, 2003

July 7, 2003

Copy of Notice of Hearing 24 sent via U.S. Mail to attys Cody and Marsden (lkd) (Entered: 07/08/2003)

July 8, 2003

July 8, 2003

25

NOTICE of status conference re−set to 9/9/2003 at 08:00 AM at Lansing, MI before Judge David W. McKeague; (Judge David W. McKeague, bsd) (Entered: 07/14/2003)

July 14, 2003

July 14, 2003

Copy of Re−Notice of Status Conference 25 sent via U.S. Mail to Mark Cody and Erica Marsden (pjl, ) (Entered: 07/14/2003)

July 14, 2003

July 14, 2003

26

NOTICE of status conference re−set for 9/15/2003 at 08:00 AM at Lansing, MI before Judge David W. McKeague; status report due by 9/8/2003 (Judge David W. McKeague, bsd) (Entered: 08/12/2003)

Aug. 12, 2003

Aug. 12, 2003

Copy of Notice of Hearing 26 sent via U.S. Mail to attys Cody and Marsden (lkd) (Entered: 08/12/2003)

Aug. 12, 2003

Aug. 12, 2003

27

NOTICE of status conference set for 10/20/2003 at 01:30 PM at Lansing, MI before Judge David W. McKeague; status report due by 10/14/2003 (Judge David W. McKeague, bsd) (Entered: 09/04/2003)

Sept. 4, 2003

Sept. 4, 2003

Copy of Notice of Hearing 27 sent via U.S. Mail to Attys Mark Cody and Erica Marsden (ldm, ) (Entered: 09/05/2003)

Sept. 5, 2003

Sept. 5, 2003

29

MINUTES of status conference held before Judge David W. McKeague; final closing documents to be submitted to court for signature no later than December 15, 2003 (Judge David W. McKeague, bsd) (Entered: 10/21/2003)

Oct. 20, 2003

Oct. 20, 2003

30

STIPULATION OF SETTLEMENT by plaintiffs Robert Eager, Grand Rapids Center for Independent Living, Great Lakes Center for Independent Living, Howard Hugger, Terrell King, Georgette Kraft, Dennis Lowe, Michigan Association of Centers For Independent Living, Michigan Campaign for Quality Care, Michigan Disability Rights Coalition, Dora Oats, Evelyn G. Wright, defendants John Engler, James K. Haveman Jr. (pjl, ) (Entered: 12/17/2003)

Dec. 15, 2003

Dec. 15, 2003

31

PROPOSED STIPULATION and ORDER re: Settlement by plaintiffs Robert Eager, Grand Rapids Center for Independent Living, Great Lakes Center for Independent Living, Howard Hugger, Terrell King, Georgette Kraft, Dennis Lowe, Michigan Association of Centers For Independent Living, Michigan Campaign for Quality Care, Michigan Disability Rights Coalition, Dora Oats, Evelyn G. Wright, defendants John Engler, James K. Haveman Jr. (pjl, ) (Entered: 01/21/2004)

Jan. 20, 2004

Jan. 20, 2004

32

ORDER granting STIPULATION re 31 stipulation for settlement is approved and constitutes a final adjudication of this matter ; signed by Judge David W. McKeague (Judge David W. McKeague, pjr) (Entered: 02/02/2004)

Feb. 2, 2004

Feb. 2, 2004

Copy of Order on Stipulation and Proposed Order 32 sent via U.S. Mail to attys Marsden and Cody (lkd) (Entered: 02/02/2004)

Feb. 2, 2004

Feb. 2, 2004

Case Details

State / Territory: Michigan

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Olmstead Cases

Multi-LexSum (in sample)

Key Dates

Filing Date: March 19, 2002

Closing Date: Feb. 2, 2004

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Seven individuals with disabilities and five organizations whose mission was to advocate for community placement for people with disabilities

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

NDRN/Protection & Advocacy Organizations

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State of Michigan, State

Case Details

Causes of Action:

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

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

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

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Issues

Benefit Source:

Medicaid