Case: Miranda B. v. Kulongoski

3:00-cv-01753 | U.S. District Court for the District of Oregon

Filed Date: Dec. 19, 2000

Closed Date: 2004

Clearinghouse coding complete

Case Summary

On December 19, 2000 ten institutionalized individuals with disabilities filed suit against Oregon, the Oregon Department of Human Resources, and the Oregon Department of Human Services in the Federal District Court for the District of Oregon. They alleged that the defendants had violated the Americans with Disabilities Act, the Rehabilitation Act, the Due Process Clause of the Fourteenth Amendment, and 42 U.S.C. § 1983. Specifically they claimed that they were segregated within their institu…

On December 19, 2000 ten institutionalized individuals with disabilities filed suit against Oregon, the Oregon Department of Human Resources, and the Oregon Department of Human Services in the Federal District Court for the District of Oregon. They alleged that the defendants had violated the Americans with Disabilities Act, the Rehabilitation Act, the Due Process Clause of the Fourteenth Amendment, and 42 U.S.C. § 1983. Specifically they claimed that they were segregated within their institutions and were capable of functioning in the community if the state would provide them with the community based treatment to which they were entitled.

On August 10, 2001 the Magistrate Judge (Magistrate Judge Dennis James Hubel) issued Findings and Recommendations. He recommended that the motion to dismiss the claims based on 42 U.S.C. § 1983 be granted but all other motions to dismiss be denied. On September 18, 2001 the district court (Judge Anna J. Brown) adopted this report over the objections of the defendants based on Eleventh Amendment immunity. The defendants appealed but on May 14, 2003 the Ninth Circuit Court of Appeals (Judges Diarmuid F. O'Scannlain, Ferdinand F. Fernandez, and Raymond C. Fisher) affirmed the district court.

The parties thereafter reached a settlement agreement and on January 13, 2004 the court (Magistrate Judge Hubel) certified the settlement class and gave preliminary approval of the settlement. Though the exact details are not known the settlement provided for expedited availability of community based treatment for those for whom it was appropriate. The case was closed on March 10, 2004 when the court (Magistrate Judge Hubel) gave final approval to the settlement agreement.

Summary Authors

Michael Perry (3/6/2011)

People


Judge(s)

Brown, Anna J. (Oregon)

Fernandez, Ferdinand Francis (California)

Fisher, Raymond C. (California)

Hubel, Dennis James (Oregon)

Jones, Robert Edward (Oregon)

O'Scannlain, Diarmuid Fionntain (Oregon)

Attorneys(s) for Plaintiff

Mathieu, Stephen J. (Oregon)

Thurber, Kent B. (Oregon)

Wilde, Kathleen L. (Oregon)

Attorneys(s) for Defendant

Georges, Katherine Greene (Oregon)

Judge(s)

Brown, Anna J. (Oregon)

Fernandez, Ferdinand Francis (California)

Fisher, Raymond C. (California)

Hubel, Dennis James (Oregon)

Jones, Robert Edward (Oregon)

O'Scannlain, Diarmuid Fionntain (Oregon)

Attorneys(s) for Plaintiff

Mathieu, Stephen J. (Oregon)

Thurber, Kent B. (Oregon)

Wilde, Kathleen L. (Oregon)

Attorneys(s) for Defendant

Georges, Katherine Greene (Oregon)

Metcalf, Janet A. (Oregon)

Myers, Hardy (Oregon)

Wasserman, Richard D. (Oregon)

Other Attorney(s)

Russell, Kevin K. (District of Columbia)

Silver, Jessica Dunsay (District of Columbia)

Documents in the Clearinghouse

Document

3:00-cv-01753

Docket

Nov. 4, 2004

Nov. 4, 2004

Docket

01-35950

Docket

U. S. Court of Appeals for the Ninth Circuit

Feb. 9, 2005

Feb. 9, 2005

Docket
61

3:00-cv-01753

Findings and Recommendation

Aug. 10, 2001

Aug. 10, 2001

Magistrate Report/Recommendation
73

3:00-cv-01753

Order (Adopting the report of the Magistrate Judge)

Sept. 18, 2001

Sept. 18, 2001

Order/Opinion

01-35950

Opinion (Affirming the District Court)

U. S. Court of Appeals for the Ninth Circuit

328 F.3d 1181

May 14, 2003

May 14, 2003

Order/Opinion
114

3:00-cv-01753

Order Certifying Settlement Class And Preliminarily Approving Settlement, Approving Class Notice And Scheduling Fairness Hearing.

Jan. 13, 2004

Jan. 13, 2004

Order/Opinion
123

3:00-cv-01753

Final Order and Judgment

March 10, 2004

March 10, 2004

Order/Opinion

Resources

Docket

Last updated July 22, 2022, 3:07 a.m.

ECF Number Description Date Link Date / Link
2

Discovery and Pretrial Scheduling Order: Discovery to be completed by 4/18/2001. Joint Status Report due by 4/18/2001. Joint ADR Report due by 5/18/2001. Pretrial Order due by 5/18/2001. (tomg, ) (Entered: 12/19/2000)

Dec. 19, 2000

Dec. 19, 2000

3

Motion for Protective Order And To Proceed Under A Pseudonym . Response due by 1/2/2001. Filed by all plaintiffs. (tomg, ) (Entered: 12/19/2000)

Dec. 19, 2000

Dec. 19, 2000

4

Memorandum in Support of Motion For Protective Order and To Proceed Under a Pseudonym . Filed by all plaintiffs. (Related motion(s) 3 ) (tomg, ) (Entered: 12/19/2000)

Dec. 19, 2000

Dec. 19, 2000

5

Order and Notice of Case Reassignment by Judge Dennis J. Hubel: Case reassigned from Jones, Robert E. to Dennis J. Hubel. (tomg, ) (Entered: 01/05/2001)

Dec. 28, 2000

Dec. 28, 2000

6

Record of Order: This case has been transferred to Judge Hubel for all further proceedings. Parties shall place the initials "HU" after the case number on all pleadings and documents filed with this court. All pending motions are transferred to Judge Hubel. (ccs, ) (Entered: 01/08/2001)

Jan. 4, 2001

Jan. 4, 2001

7

Return of Service Executed upon Oregon Department of Human Resources on 12/20/00. Filed by all plaintiffs. (lam, ) (Entered: 01/09/2001)

Jan. 4, 2001

Jan. 4, 2001

8

Unopposed Motion for Extension of Time to Answer Complaint To And Including 2/8/01 . Filed by all defendants. (dls, ) (Entered: 01/11/2001)

Jan. 4, 2001

Jan. 4, 2001

9

Affidavit of Katherine G. Georges In Support Of Unopposed Motion for Extension of Time to Answer Complaint . (related document(s) 8 ) Filed by all defendants. (dls, ) (Entered: 01/11/2001)

Jan. 4, 2001

Jan. 4, 2001

10

Fed. R. Civ. P. 26(a)(1) Agreement. Filed by all defendants. (dls, ) (Entered: 01/11/2001)

Jan. 4, 2001

Jan. 4, 2001

12

Return of Service Executed upon State of Oregon on 12/20/00. Filed by Miranda B. (tomg, ) (Entered: 01/12/2001)

Jan. 4, 2001

Jan. 4, 2001

13

Return of Service Executed upon Gary Weeks on 12/20/00. Filed by Miranda B. (tomg, ) (Entered: 01/12/2001)

Jan. 4, 2001

Jan. 4, 2001

11

RECORD OF ORDER − Granting Defendants' Unopposed Motion for Extension of Time to Answer Complaint and to Respond Motion for Protective Order and To Proceed Under A Pseudonym 8 up to and including February 8, 2001. A Rule 16 Conference is set on March 8, 2001, at 9:30 a.m. in courtroom #9B. (related document(s) 3 ) (kb, ) (Entered: 01/11/2001)

Jan. 11, 2001

Jan. 11, 2001

14

Record of Order by Judge Dennis J. Hubel: Resetting the Rule 16 Conference, and oral argument on Plaintiff's Motion for Protective Order And To Proceed Under A Pseudonym 3 to March 22, 2001, at 9:30 a.m. in Courtroom #9B. (related document(s) 3 ) (kb, ) (Entered: 01/19/2001)

Jan. 19, 2001

Jan. 19, 2001

15

Amended Complaint against Bob Mink, John Kitzhaber, Oregon Department of Human Resources. (related document(s) 1 ) Filed by Miranda B, Hannah C, Anthony G, Jamie G, Joanne K, George P, Leonard P, James R, Juan S (dls, ) (Entered: 01/26/2001)

Jan. 22, 2001

Jan. 22, 2001

16

Motion to Dismiss First Amended Complaint (Request For Oral Argument) . Response due by 2/22/2001. Filed by all defendants. (dls, ) (Entered: 02/09/2001)

Feb. 8, 2001

Feb. 8, 2001

17

Memorandum in Support Of Motion to Dismiss First Amended Complaint . Filed by all defendants. (Related motion(s) 16 ) (dls, ) (Entered: 02/09/2001)

Feb. 8, 2001

Feb. 8, 2001

18

Response to Motion for Protective Order And To Proceed Under A Pseudonym . Filed by all defendants. Reply due by 2/22/2001. (Related motion(s) 3 ) (dls, ) (Entered: 02/09/2001)

Feb. 8, 2001

Feb. 8, 2001

20

Motion for Extension of Time To Brief The Impact Of A Recent Supreme Court Decision On Plaintiff's Title II Claim Against The Department Of Human Resources . Filed by all plaintiffs. (dls, ) (Entered: 02/26/2001)

Feb. 22, 2001

Feb. 22, 2001

21

Memorandum in Support Of Motion for Extension of Time To Brief The Impact Of A Recent Supreme Court Decision On Plaintiff's Title II Claim Against The Department Of Human Resources . Filed by all plaintiffs. (Related motion(s) 20 ) (dls, ) (Entered: 02/26/2001)

Feb. 22, 2001

Feb. 22, 2001

22

Reply to Motion For Protective Order . Filed by all plaintiffs. (Related motion(s) 3 ) (dls, ) (Entered: 02/26/2001)

Feb. 22, 2001

Feb. 22, 2001

23

Memorandum in Opposition To Motion to Dismiss First Amended Complaint . Filed by all plaintiffs. Reply due by 3/8/2001. (Related motion(s) 16 ) (dls, ) (Entered: 02/26/2001)

Feb. 22, 2001

Feb. 22, 2001

24

Motion for Stay Discovery (Request For Oral Argument) . Response due by 3/9/2001. Filed by all defendants. (dls, ) (Entered: 02/26/2001)

Feb. 23, 2001

Feb. 23, 2001

25

Memorandum in Support Of Motion for Stay Discovery . Filed by all defendants. (Related motion(s) 24 ) (dls, ) (Entered: 02/26/2001)

Feb. 23, 2001

Feb. 23, 2001

26

Record of Order by Judge Dennis J. Hubel: Plaintiff's Motion for and Extension of Time to Brief the Impact of a Recent Supreme Court Decision on Plaintiffs' Title II Claim Against the Department of Human Resources 20 is granted as follows: Plaintiffs shall file a supplement brief no later than April 12, 2001. Defendants shall file any reply brief on this issue no later than May 25, 2001. Oral argument on Defendants' Motion to Dismiss First Amended Complaint 16 , currently set on April 4, 2002, is STRICKEN from the calendar. It will be rescheduled at the proceeding held on April 4, 2002. The Rule 16 Conference, and the oral argument on Plaintiff's Motion for Protective Order And To Proceed Under A Pseudonym 3 , remain as previously set on April 4, 2001, at 2:00 p.m. in Courtroom #9B. Defendants' Motion to Stay Discovery 24 is set for oral argument on April 4, 2001, at 2:00 p.m. in Courtroom #9B. related document(s) 24 ) (kb, ) (Entered: 02/26/2001)

Feb. 26, 2001

Feb. 26, 2001

27

Motion for Extension of Time to File a Response/Reply To Defendants' Motion To Dismiss To And Including 4/23/01 . Filed by all defendants. (dls, ) (Entered: 03/02/2001)

March 1, 2001

March 1, 2001

28

Memorandum in Support Of Motion for Extension of Time to File a Response/Reply To Defendants' Motion To Dismiss To And Including 4/23/01 . Filed by all defendants. (Related motion(s) 27 ) (dls, ) (Entered: 03/02/2001)

March 1, 2001

March 1, 2001

29

Memorandum in Opposition To Motion for Stay Discovery . Filed by all plaintiffs. Reply due by 3/20/2001. (Related motion(s) 24 ) (dls, ) (Entered: 03/06/2001)

March 6, 2001

March 6, 2001

30

Motion for Order Certifying A Plaintiff Class Pursuant To Rule 23(b)(2) (Expedited Hearing Requested) . Response due by 3/20/2001. Filed by all plaintiffs. (dls, ) (Entered: 03/06/2001)

March 6, 2001

March 6, 2001

31

Memorandum in Support Of Motion for Order Certifying A Plaintiff Class Pursuant To Rule 23(b)(2) . Filed by all plaintiffs. (Related motion(s) 30 ) (dls, ) (Entered: 03/06/2001)

March 6, 2001

March 6, 2001

32

Record of Order by Judge Dennis J. Hubel − Denying Motion for Extension of Time to File Response/Reply to Motion (Related Doc # 27 ). The courtset the parties' briefing deadlines on its minute order of February 26, 2001.The court will set argument on Plaintiff's Motion for an Order Certifying a Plaintiff Class Pursuant to Rule 23(b)(2) 30 at the hearing on April 4, 2001. (dls, ) (Entered: 03/08/2001)

March 7, 2001

March 7, 2001

34

Motion To Defer Class Certification . Response due by 4/2/2001. Filed by all defendants. (dls, ) (Entered: 03/19/2001)

March 19, 2001

March 19, 2001

35

Memorandum in Support To Motion To Defer Class Certification . Filed by all defendants. (Related motion(s) 34 ) (dls, ) (Entered: 03/19/2001)

March 19, 2001

March 19, 2001

36

Memorandum in Opposition To Motion To Defer Class Certification . Filed by all plaintiffs. Reply due by 4/16/2001. (Related motion(s) 34 ) (dls, ) (Entered: 04/04/2001)

April 2, 2001

April 2, 2001

38

Record of Order by Judge Dennis J. Hubel: Court Reporter: Liz Meacham Defendant's motion for summary judgment (related document(s) 16 ) is set for hearing on 6/22/01. Discovery to be completed by 7/31/2001. Pretrial Order due by 8/31/2001. Joint ADR Report due by 7/31/2001. See minute entry for full text. (ccs, ) (Entered: 04/06/2001)

April 4, 2001

April 4, 2001

37

Case Management/Electronic Case Filing Procedural Order. Signed 4/5/01 by Judge Dennis J. Hubel. (ccs, ) (Entered: 04/06/2001)

April 5, 2001

April 5, 2001

39

Order Granting in part, Denying in part Defendants' Motion to Defer Class Certification (Related Doc # 34 ), and Deferring Ruling on Plaintiffs' Motion for Class Certifciation (Related Doc # 30 ). Signed 4/11/01 by Judge Dennis J. Hubel. (DJH2). (Entered: 04/11/2001)

April 11, 2001

April 11, 2001

40

Supplemental Memorandum in Opposition To Motion To Dismiss . Filed by all plaintiffs. Reply due by 4/26/2001. (Related motion(s) 16 ) (dls, ) (Entered: 04/13/2001)

April 12, 2001

April 12, 2001

41

Motion to Compel Production of Documents by Defendants ORAL ARGUMENT REQUESTED . Response due by 5/25/2001. Filed by all plaintiffs. (mja, ) (Entered: 05/15/2001)

May 11, 2001

May 11, 2001

42

Memorandum in Support of Motion to Compel Production of Documents by Defendants . (related document(s) 41 ) Filed by all plaintiffs. (mja, ) (Entered: 05/15/2001)

May 11, 2001

May 11, 2001

43

Record of Order by Judge Dennis J. Hubel: (related document(s) 41 ) Oral Argument set for 6/22/2001 at 09:30AM in Portland on Plaintiffs' Motion to Compel Production of Documents. (kb, ) (Entered: 05/17/2001)

May 17, 2001

May 17, 2001

44

Reply to Motion Defendant's Reply In Support of Motions To Dismiss First Amended Complaint . Filed by all defendants. (Related motion(s) 16 ) (jlr, ) (Entered: 05/30/2001)

May 25, 2001

May 25, 2001

45

Amended Reply to Motion To Dismiss First Amended Complaint . Filed by all defendants. (Related motion(s) 16 ) (dls, ) (Entered: 05/31/2001)

May 31, 2001

May 31, 2001

46

Record of telephone hearing held on Plaintiffs' request for leave to file a sur−response regarding Defendants' Motionto Dismiss First Amended Complaint 16 :ORDER − Plaintiffs are granted leave to file a sur−response regarding Defendants' Motion to Dismiss First AmendedComplaint 16 , limited to the Garrett case, up to and including 4:30 p.m. on June 6, 2001. Defendants may file asur−reply to plaintiffs' sur−response no later than 4:30 p.m. on June 13, 2001.ORDER − Plaintiffs are granted an extension of time within which to respond to Defendants' Motion to CompelProduction of Documents 41 up to and including 4:30 p.m. on June 6, 2001. Tape No: 304 (related document(s) 41 , 16 ). (dls, ) (Entered: 06/05/2001)

June 5, 2001

June 5, 2001

47

RECORD OF ORDER − modifying the minute order of June 5, 2001, the last paragraph only, to read as follows: "Defendants are granted an extension of time within which to respond to Plaintiffs' Motion to Compel Production of Documents 41 up to and including 4:30 p.m. on June 7, 2001." (kb, ) (Entered: 06/06/2001)

June 6, 2001

June 6, 2001

48

Memorandum in Opposition To Defendants' Motion To Dismiss (Surresponse) . Filed by all plaintiffs. (Related motion(s) 16 ) (dls, ) (Entered: 06/06/2001)

June 6, 2001

June 6, 2001

52

Reply to Motion To Dismiss (Sur−reply) . Filed by all defendants. (Related motion(s) 16 ) (dls, ) (Entered: 06/29/2001)

June 13, 2001

June 13, 2001

50

Reply to Motion to Dismiss (Sur−Reply) . Filed by all defendants. (Related motion(s) 16 ) (dls, ) (Entered: 06/19/2001)

June 18, 2001

June 18, 2001

51

Record of oral argument held on Defendants' Motion to Dismiss 16 : ORDER taking the motion underadvisement.Record of oral argument held on Plaintiffs' Motion to Compel Production of Documents 41 : the court rulesas follows:Request #7: granted in part.Request #10: defendant is to advise plaintiffs within one week if there are any unprivileged documents whichexist and have not been provided, and tell plaintiffs when they can be produced. In that same week defendantis to advise plaintiffs when defendant will produce a privilege log for all items to which they object on thebasis of privilege.Request #16: defendant conceded and will produce the documents.Request #18 and #19: ruling is deferred for one week for further consultation between counsel regarding aproposed solution to the dispute.Request #21: withdrawn by the plaintiff upon representation that the defendant has no such documents. (Related Doc # 41 )(Related Doc # 16 ). (dls, ) (Entered: 06/25/2001)

June 22, 2001

June 22, 2001

53

Status Report re: Court's Discovery Rulings . Filed by all defendants. (dls, ) (Entered: 07/11/2001)

July 10, 2001

July 10, 2001

54

Unopposed Motion for Extension of Discovery &PTO Deadlines. Filed by Katherine Greene Georges on behalf of all defendants. (mja, ) (Entered: 08/03/2001)

Aug. 1, 2001

Aug. 1, 2001

55

Minute Entry: Record of Order −− Defendants' Unopposed Motion for Extension of Time for Discovery, Dispositive Motions, and Lodging of Pretrial Order 54 is GRANTED as follows: Discovery to be completed by 10/31/2001. Pretrial Order due by 11/30/2001. Joint Alternate Dispute Resolution Report due by 10/31/2001 Dispositive Motions due by 10/31/2001. Ordered by Judge Dennis J. Hubel. (kb, ) (Entered: 08/06/2001)

Aug. 6, 2001

Aug. 6, 2001

56

Motion To File Supplemental Brief To Address Impact Of Recent State Legislative Changes . Filed by Katherine Greene Georges on behalf of all defendants. (dls, ) (Entered: 08/08/2001)

Aug. 6, 2001

Aug. 6, 2001

57

Memorandum in Support Of Motion To File Supplemental Brief To Address Impact Of Recent State Legislative Changes . Filed by Katherine Greene Georges on behalf of all defendants. (Related document(s) 56 ) (dls, ) (Entered: 08/08/2001)

Aug. 6, 2001

Aug. 6, 2001

58

Memorandum in Opposition Of Motion To File Supplemental Brief To Address Impact Of Recent State Legislative Changes . Filed by Kathleen L. Wilde on behalf of all plaintiffs. (Related motion(s) 56 ) (dls, ) (Entered: 08/09/2001)

Aug. 8, 2001

Aug. 8, 2001

59

Supplemental Memorandum in Opposition To Motion to Dismiss . Filed by Kathleen L. Wilde on behalf of all plaintiffs. (Related motion(s) 16 ) (dls, ) (Entered: 08/10/2001)

Aug. 8, 2001

Aug. 8, 2001

60

Reply to Motion To File Supplemental Brief . Filed by Katherine Greene Georges on behalf of all defendants. (Related motion(s) 56 ) (dls, ) (Entered: 08/10/2001)

Aug. 9, 2001

Aug. 9, 2001

61

Findings &Recommendations: Defendants' motion to dismiss should be granted as to the section 1983 claim against the ODHS and denied in all other respects. Signed on August 10, 2001 by Judge Dennis James Hubel. Objections to the Findings and Recommendation due by 8/27/2001. Response to the objection to the F &R due by 9/10/2001. (Related document(s) 16 ) (DJH2). (Entered: 08/10/2001)

Aug. 10, 2001

Aug. 10, 2001

62

CIVIL MINUTES: Record of Order −− Telephone Conference set for 8/17/2001 at 02:00PM. The court will place the call. (kb, ) (Entered: 08/13/2001)

Aug. 13, 2001

Aug. 13, 2001

63

CIVIL MINUTES: Record of Telephone Status Conference and ORDER:Defendants' Motion to File Supplemental Brief to Address Impact of Recent State Legislative Changes 56 is denied, with leave to defendants to raise the issue at a later stage in litigation as they deem appropriate.Parties advised that they have resolved any outstanding discovery issues.Defendants shall file their response 30 no later than September 17, 2001. Plaintiffs shall reply no later than October 1, 2001.Oral argument is set on the motion on October 17, 2001, at 10:00 a.m. in Courtroom #9B.Defendants' Motion for Stay Discovery 24 is denied; discovery regarding class certification and the meritsof the case shall proceed.The parties shall confer and propose any new case schedule to the court, either via letter or motion.(Related documents(s) 30 ) Ordered by Judge Dennis J. Hubel. Counsel Present for Plaintiff: Kathleen Wilde. Counsel Present for Defendant: Katherine Georges.Tape No: FTR. Court Reporter: KB. (dls, ) (Entered: 08/20/2001)

Aug. 17, 2001

Aug. 17, 2001

64

Objections to Findings &Recommendation. Filed by Katherine Greene Georges on behalf of all defendants. (Related motion(s) 61 ) (dls, ) (Entered: 08/29/2001)

Aug. 28, 2001

Aug. 28, 2001

65

Motion for Extension of Time to file defendant's Objections to Findings and Recommendation to and including 8/28/01 . Filed by Katherine Greene Georges on behalf of all defendants. (Related document(s) 64 ) (dls, ) Modified on 8/30/2001 (dls, ). (Entered: 08/29/2001)

Aug. 28, 2001

Aug. 28, 2001

66

Affidavit of Katherine G. Georges . Filed by Katherine Greene Georges on behalf of all defendants. (Related document(s) 65 ) (dls, ) (Entered: 08/29/2001)

Aug. 28, 2001

Aug. 28, 2001

67

CIVIL MINUTES: Record of Order −− Defendants' Motion for Extension of Time to File defendants' Objections to Findings and Recommendation is Granted up to and including 8/28/01. The deadline for the filing of plaintiffs' response to the objection remains as previously set, September 10, 2001. (kb, ) (Entered: 08/30/2001)

Aug. 30, 2001

Aug. 30, 2001

68

Supplemental Objections to Findings &Recommendation. Filed by Katherine Greene Georges on behalf of all defendants. (Related motion(s) 61 ) (dls, ) (Entered: 09/05/2001)

Sept. 4, 2001

Sept. 4, 2001

69

Response to Objections to Findings &Recommendation. Filed by Kathleen L. Wilde on behalf of all plaintiffs. (Related motion(s) 61 ) (dls, ) (Entered: 09/06/2001)

Sept. 6, 2001

Sept. 6, 2001

70

CIVIL MINUTES: Record of Order −− Findings and Recommendation of August 10, 2001, 61 , referred to Judge Anna J. Brown. An objection to the frhas been filed. Ordered by Judge Dennis J. Hubel. (kb, ) (Entered: 09/07/2001)

Sept. 7, 2001

Sept. 7, 2001

71

Unopposed Motion for Extension of Time to File a Response/Reply to Motion # 30 . Motion for Order Certifying A Plaintiff Class Pursuant To Rule 23(b)(2) . Filed by all defendants. (dls, ) (Entered: 09/17/2001)

Sept. 13, 2001

Sept. 13, 2001

72

ORDER: Order Granting # 71 )Defendants' Unopposed Motion for Extension of Time to File as follows: Defendants shall file a response to Plaintiffs' Motion for Order Certifying a Plaintiff Class 30 by 10/1/2001; plaintiff's shall reply by 10/15/2001. Oral Argument on the motion is RESET to 10/30/2001 at 01:30PM in Portland. by Judge Dennis J. Hubel. (Related documents(s) 30 ) (kb, ) (Entered: 09/17/2001)

Sept. 17, 2001

Sept. 17, 2001

73

ORDER: Order Adopting Findings and Recommendation: (Related Doc # 61 ), Order Granting in part, Denying in part Motion to Dismiss (Related Doc # 16 ) Signed on 9/17/01 by Judge Anna J. Brown. (dls, ) (Entered: 09/20/2001)

Sept. 18, 2001

Sept. 18, 2001

74

CIVIL MINUTES: Record of Order −− Telephone Status Conference set for 9/25/2001 at 09:30AM by Telephone. The court will place the call. Ordered by Judge Dennis J. Hubel. (kb, ) (Entered: 09/24/2001)

Sept. 24, 2001

Sept. 24, 2001

75

CIVIL MINUTES: Record of Telephone Status Conference held regarding the parties' joint request to stay litigation pending settlement discussions: ORDER extending deadlines as follows: Deadlines regarding Plaintiffs' Motion for Order Certifying a Plaintiff Class Pursuant to Rule 23(b)(2) 30 are extended as follows: A response shall be filed no later than December 3, 2001. A reply shall be filed no later than December 17, 2001. Oral argument on the motion is RESET to January 4, 2002, at 2:00 p.m. in Courtroom #9B. The deadline for the completion of discovery is February 1, 2002. The deadline for the filing of a Joint ADR report is deemed satisfied by virtue of the letter of September 21, 2001. The deadline for the filing of dispositive motions is February 8, 2002. The deadline for the lodging of a pretrial order is June 14, 2002. A further telephone status conference is set on October 30, 2001, at 1:30 p.m. The court will place the call. Reporter: KB, Tape No: FTR(Related documents(s) 30 ) (dls, ) (Entered: 09/25/2001)

Sept. 25, 2001

Sept. 25, 2001

76

Notice of Appeal to USCA from order # 72 entered on 9/20/2001 Filing fee collected. Receipt # 439970 issued.. Filed by all defendants. (Related document(s) 72 ) (dls, ) (Entered: 10/04/2001)

Oct. 2, 2001

Oct. 2, 2001

Notification of Appeal mailed to USCA for the Ninth Circuit and to counsel along with copy of appealed document and docket sheet. (FRAP 3(d)((3)) USDC Notice of Appeal Doc. # 76 . CADS mailed to USCA. (Related document(s) 76 ) (dls, ) Modified on 10/4/2001 (dls, ). (Entered: 10/04/2001)

Oct. 4, 2001

Oct. 4, 2001

77

Transcript of Proceedings held on 6/22/01 before Judge Dennis J. Hubel. Court Reporter: Dennis R. Grube. (dls, ) (Entered: 10/10/2001)

Oct. 9, 2001

Oct. 9, 2001

78

Transcript Ordering form for Transcript(s) of Proceedings held on 6/22/01.. Filed by all defendants. (dls, ) (Entered: 10/15/2001)

Oct. 10, 2001

Oct. 10, 2001

79

Time Schedule Order from Ninth Circuit Court of Appeals USDC Notice of Appeal Doc. # 76 and USCA #01−35950... (Related document(s) 76 ) (dls, ) (Entered: 10/18/2001)

Oct. 18, 2001

Oct. 18, 2001

80

CIVIL MINUTES: Record of Order −− The Status Conference currently set on October 30, 2001, at 1:30 p.m. is RESET to 9:30 a.m. that same date. The court will place the call. Ordered by Judge Dennis J. Hubel. (kb, ) (Entered: 10/24/2001)

Oct. 24, 2001

Oct. 24, 2001

81

CIVIL MINUTES: Record of Telephone Status Conference: Ms. Wilde will provide a copy of the appeal briefing schedule to the court and to Ms. Georges. A further telephone status conference is set on November 30, 2001, at 10:30 a.m. The parties shall confer and submit a joint proposed case schedule to the court no later than noon, November 29, 2001. If they can not agree on a schedule, separate proposals shall be submitted. (kb, ) (Entered: 10/30/2001)

Oct. 30, 2001

Oct. 30, 2001

82

CIVIL MINUTES: Record of Order −− Pursuant to the joint request of the parties, the telephone status conference, currently set on November 30, 2002, is RESET to February 12, 2002, at 9:30 a.m. The Court will place the call. Ordered by Judge Dennis J. Hubel. (kb, ) (Entered: 11/28/2001)

Nov. 28, 2001

Nov. 28, 2001

83

CIVIL MINUTES: Record of Order −− the oral argument set on January 4, 2002, on Plaintiffs' Motion for Order Certifying a Plaintiff Class 30 is STRICKEN from the calendar. It will be reset at the status conference to be held on February 12, 2002. (Related documents(s) 30 ) Ordered by Judge Dennis J. Hubel. (kb, ) (Entered: 11/30/2001)

Nov. 30, 2001

Nov. 30, 2001

84

Certificate of Record transmitted to USCA. USDC Notice of Appeal Doc. # 76 and USCA # 01−35950... (Related document(s) 76 ) (dls, ) (Entered: 12/18/2001)

Dec. 18, 2001

Dec. 18, 2001

85

CIVIL MINUTES: Record of telephone status conference: ORDER − striking all current deadlines, including response/reply deadlines regarding Plaintiffs' Motion for Order Certifying a Plaintiff Class 30 . A further Telephone Status Conference is set on April 26, 2002, at 1:30 p.m., at which parties shall advise the court of the status of the appeal, and the setting of new deadlines will be addressed. Ordered by Judge Dennis J. Hubel. Counsel Present for Plaintiff: Kathleen Wilde. Counsel Present for Defendant: Katherine Georges.Tape No: FTR. (kb, ) (Entered: 02/12/2002)

Feb. 12, 2002

Feb. 12, 2002

86

Status Report. Filed by all defendants. (dls, ) (Entered: 04/25/2002)

April 24, 2002

April 24, 2002

87

CIVIL MINUTES: Record of telephone status conference: Counsel advised the court of the appellate briefing schedule. A Further Telephone Status Conference is set on September 9, 2002, at 1:30 p.m. The court will place the call. Ordered by Judge Dennis J. Hubel. Counsel Present for Plaintiff: Kathleen Wilde. Counsel Present for Defendant: Kate Georges. Court Reporter: none. (kb, ) (Entered: 04/26/2002)

April 26, 2002

April 26, 2002

88

Order from Ninth Circuit Court of Appeals USDC Notice of Appeal Doc. # 76 and USCA #01−35950. Briefing schedule amended: Appellants shall file opening brief 6/10/02; appellees shall file an answering on 7/19/02; appellants option brief due 14 days from the service date of the answering brief. (Related document(s) 76 ) (dls, ) (Entered: 05/09/2002)

May 9, 2002

May 9, 2002

89

Status Report. Filed by all defendants. (Georges, Katherine) (Entered: 09/06/2002)

Sept. 6, 2002

Sept. 6, 2002

90

CIVIL MINUTES: Record of telephone status conference: Defendants shall file their request for protective order and accomanying brief no later than October 11, 2002, on the issue of whether or not they should be required to produce to plaintiffs on an ongoing basis a monthly print−out of the "ready to place" list. Plaintiffs' response brief shall be filed no later than October 25, 2002. A further telephone status conference is set on January 6, 2003, at 1:30 p.m. The court will place the call. Ordered by Judge Dennis J. Hubel. Counsel Present for Plaintiff: Kathleen Wilde. Counsel Present for Defendant: Katherine Georges.Tape No: FTR. Court Reporter: KB. (kb, ) (Entered: 09/09/2002)

Sept. 9, 2002

Sept. 9, 2002

91

CIVIL MINUTES: Record of Order −− Pursuant to the request of counsel for defendants, the telephone status conference, currently set on January 6, 2003, is RESET to January 13, 2003, at 3:00 p.m. The court will place the call. Ordered by Judge Dennis J. Hubel. (kb, ) (Entered: 12/11/2002)

Dec. 11, 2002

Dec. 11, 2002

92

Status Report. Filed by all defendants. (Georges, Katherine) (Entered: 01/09/2003)

Jan. 9, 2003

Jan. 9, 2003

93

CIVIL MINUTES: Record of telephone status conference −− Counsel for the parties will advise the court within 30 days of ruling by the Court of Appeals on either this case or the Hanson case. Ordered by Judge Dennis J. Hubel. Counsel Present for Plaintiff: Kathleen Wilde. Counsel Present for Defendant: Katherine Georges.Tape No: FTR. Court Reporter: KB. (kb, ) (Entered: 01/13/2003)

Jan. 13, 2003

Jan. 13, 2003

Clerks Record on Appeal( orig Clerks file 3 vol., one orig transcript #77) transmitted to USCA for the Ninth Circuit for # 01−35950. (fh, ) (Entered: 01/17/2003)

Jan. 17, 2003

Jan. 17, 2003

94

Judgment from US Court of Appeals: The Decision of the District Court is AFFIRMED AND REMANDED. USDC Notice of Appeal Doc. # 76 and USCA # 01−35950.. . (Related document(s) 76 ) (ljl, ) (Entered: 06/10/2003)

June 9, 2003

June 9, 2003

95

Motion to Dismiss Oregon Department of Human Services as a Defendant . Filed by all plaintiffs. (dls, ) (Entered: 06/11/2003)

June 10, 2003

June 10, 2003

96

Memorandum in Support of Motion to Dismiss Oregon Department of Human Services as a Defendant . Filed by all plaintiffs. (Related document(s) 95 ) (dls, ) (Entered: 06/11/2003)

June 10, 2003

June 10, 2003

97

CIVIL MINUTES: Record of Order by Judge Dennis J. Hubel: A telephone status conference is set on July 8, 2003, at 10:00 a.m., at which the scheduling of Plaintiffs' Motion for Order Certifying A Plaintiff Class Pursuant To Rule 23(b)(2) [#30], and Plaintiffs' Motion to Dismiss Oregon Department of Human Services as a Party Defendant [#95] will be addressed. (kb, ) (Entered: 06/12/2003)

June 12, 2003

June 12, 2003

98

Motion for Extension of Time (Expedited Hearing Requested) . Filed by all defendants. (Georges, Katherine) (Entered: 06/19/2003)

June 19, 2003

June 19, 2003

99

Affidavit of Katherine G. Georges . Filed by all defendants. (Related document(s) 98 ) (Georges, Katherine) (Entered: 06/19/2003)

June 19, 2003

June 19, 2003

100

CIVIL MINUTES: Record of telephone status conference held before Judge Dennis J. Hubel. ORDER − Defendants' Motion for Extension of Time 98 is granted, in part, as follows: The current deadline for defendants' response to Plaintiffs' Motion to Dismiss Oregon Department of Human Services as a Party Defendant 95 is STRICKEN. It will be reset at a further telephone status conference which is set on August 21, 2003, at 9:30 a.m. The court will place the call. Counsel Present for Plaintiff: Kathleen Wilde. Counsel Present for Defendant: Katherine Georges. Tape No: FTR. Court Reporter: kb. (kb, ) (Entered: 07/08/2003)

July 8, 2003

July 8, 2003

101

CIVIL MINUTES: Record of Order by Judge Dennis J. Hubel: The Telephone Status Conference set on August 21, 2003, is RESET to August 20, 3004, at 9:30

July 9, 2003

July 9, 2003

103

CIVIL MINUTES: Record of Order by Judge Dennis J. Hubel: The telephone status conference currently set on August 20, 2003, is RESET to September 8, 2003, at 9:30 a.m. The court will place the call. (kb, ) (Entered: 08/14/2003)

Aug. 14, 2003

Aug. 14, 2003

Case Details

State / Territory: Oregon

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Olmstead Cases

Key Dates

Filing Date: Dec. 19, 2000

Closing Date: 2004

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Ten institutionalized individuals with disabilities seeking community based care or an end to their segregation within the institutions.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

NDRN/Protection & Advocacy Organizations

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Oregon (Salem, Marion), State

Oregon Department of Human Resources (Salem, Marion), State

Oregon Department of Human Services (Salem, Marion), 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

Constitutional Clause(s):

Due Process

Availably Documents:

Trial Court Docket

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Mixed

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Issues

Benefit Source:

Medicaid