Case: Bryson v. Shumway

1:99-cv-00558 | U.S. District Court for the District of New Hampshire

Filed Date: Dec. 1, 1999

Closed Date: 2006

Clearinghouse coding complete

Case Summary

On December 1, 1999, two individuals with acquired brain disorders (ABDs) filed a lawsuit against two New Hampshire state officials under 42 U.S.C. §1983, the Medicaid act, the Americans with Disabilities Act, Section 504 of the Rehabilitation Act, and the Due Process Clause in the U.S. District Court for the District of New Hampshire, Concord Division. The plaintiffs, represented by public services counsel, asked the Court for declaratory and injunctive relief, alleging that defendants failed…

On December 1, 1999, two individuals with acquired brain disorders (ABDs) filed a lawsuit against two New Hampshire state officials under 42 U.S.C. §1983, the Medicaid act, the Americans with Disabilities Act, Section 504 of the Rehabilitation Act, and the Due Process Clause in the U.S. District Court for the District of New Hampshire, Concord Division. The plaintiffs, represented by public services counsel, asked the Court for declaratory and injunctive relief, alleging that defendants failed to provide home and community-based services to the plaintiff class living with ABD.

On October 23, 2001, the Court (Judge Steven J. McAuliffe) granted the plaintiffs' motion for summary judgment as to the claim that federal law required that the plaintiffs receive notice and the opportunity for a hearing when they had been placed on a waiting list. On December 10, 2001, the Court (Judge McAuliffe) granted judgment in favor of the plaintiffs, ruling that the defendants failed to provide Medicaid services with "reasonable promptness".

The defendants appealed. On October 15, 2002, the 1st Circuit (Judge Sandra Lynch) vacated the district court's ruling and injunction and remanded the case.

On July 7, 2005 and August 1, 2005, the parties reached a settlement with regard to several claims filed by the plaintiffs. As to the claims that the State was depriving the plaintiffs of rights to community integration mandated by Title II of the Americans with Disabilities Act and Section 504 of the Rehabilitation Act, the case went to trial.

On September 29, 2006, the Court (Judge McAuliffe) denied the plaintiffs' request Plaintiffs' requests in Counts 3 and 4 of the complaint for

declaratory and injunctive relief, entered judgment for Defendants and closed the case.

Summary Authors

Kunyi Zhang (2/25/2011)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/5488894/parties/bryson-v-hhs-nh/


Judge(s)

Lynch, Sandra Lea (Massachusetts)

McAuliffe, Steven J. (New Hampshire)

Muirhead, James R. (New Hampshire)

Attorneys(s) for Plaintiff

Lospennato, Ronald (New Hampshire)

Messer, Amy Beth (New Hampshire)

Zakre, Sheila O'Leary (New Hampshire)

Attorneys(s) for Defendant

Gorman, Suzanne (New Hampshire)

Mullen, Daniel J. (New Hampshire)

Judge(s)

Lynch, Sandra Lea (Massachusetts)

McAuliffe, Steven J. (New Hampshire)

Muirhead, James R. (New Hampshire)

Attorneys(s) for Plaintiff

Lospennato, Ronald (New Hampshire)

Messer, Amy Beth (New Hampshire)

Zakre, Sheila O'Leary (New Hampshire)

Attorneys(s) for Defendant

Gorman, Suzanne (New Hampshire)

Mullen, Daniel J. (New Hampshire)

Documents in the Clearinghouse

Document

1:99-cv-00558

Docket

Dec. 8, 2008

Dec. 8, 2008

Docket
38

1:99-cv-00558

District Court Opinion (Motion for Summary Judgment Granted in Part and Denied in Part)

177 F.Supp.2d 78

Oct. 23, 2001

Oct. 23, 2001

Order/Opinion

02-01059

First Circuit Opinion

U. S. Court of Appeals for the First Circuit

308 F.3d 79

Oct. 15, 2002

Oct. 15, 2002

Order/Opinion
85

1:99-cv-00558

Settlement Agreement

Aug. 1, 2005

Aug. 1, 2005

Settlement Agreement
115

1:99-cv-00558

Order (Denying the Plaintiffs' Claims under ADA and Section 504)

Sept. 29, 2006

Sept. 29, 2006

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5488894/bryson-v-hhs-nh/

Last updated Aug. 4, 2022, 3:18 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed with Motions for In Forma Pauperis (bc) (Entered: 12/01/1999)

Dec. 1, 1999

Dec. 1, 1999

PACER
2

MOTION by Bonnie Bryson to Proceed in Forma Pauperis with financial affidavit. (bc) (Entered: 12/01/1999)

Dec. 1, 1999

Dec. 1, 1999

PACER
3

MOTION by Claire Shepardson to Proceed in Forma Pauperis with financial affidavit. (bc) (Entered: 12/01/1999)

Dec. 1, 1999

Dec. 1, 1999

PACER

SUMMONS issued for HHS NH, Developmental Svs (bc)

Dec. 1, 1999

Dec. 1, 1999

PACER

ENDORSED ORDER granting [2-1] motion to Proceed in Forma Pauperis ( signed by Magistrate Judge James R. Muirhead ) (bc)

Dec. 2, 1999

Dec. 2, 1999

PACER

ENDORSED ORDER granting [3-1] motion to Proceed in Forma Pauperis ( signed by Magistrate Judge James R. Muirhead ) (bc)

Dec. 2, 1999

Dec. 2, 1999

PACER
4

AMENDED COMPLAINT by Bonnie Bryson, Claire Shepardson amending [1-1] complaint (jab) (Entered: 12/02/1999)

Dec. 2, 1999

Dec. 2, 1999

PACER
5

WAIVER OF SERVICE Executed as to HHS NH, Developmental Svcs ; waiver mailed 12/2/99 ; Answer due on 2/3/00 for Developmental Svcs, for HHS NH (jab) (Entered: 01/04/2000)

Jan. 4, 2000

Jan. 4, 2000

PACER
6

ANSWER to Complaint [4-1] by HHS NH, Developmental Svcs (Attorney Suzanne M. Gorman) (jab) (Entered: 02/01/2000)

Jan. 31, 2000

Jan. 31, 2000

PACER

PRETRIAL CONFERENCE set at 4:00 3/6/00 ; Discovery Plan Deadline set to 3/2/00 before: Judge McAuliffe (jab)

Feb. 2, 2000

Feb. 2, 2000

PACER
7

Proposed Discovery Plan (amm) (Entered: 03/01/2000)

March 1, 2000

March 1, 2000

PACER

ENDORSED ORDER DISCOVERY PLAN ***Case track set--STNDRD granting [7-1] discovery plan . Ready for Bench trial deadline set for 6/1/01 ; SJ Motion Deadline set to 2/15/01 Discovery deadline set to 2/1/01 Length of Trial: 3/4 days ( signed by Judge Steven J. McAuliffe ). (amm)

March 2, 2000

March 2, 2000

PACER
8

Stipulation by all parties re: Class Certification (jab) (Entered: 05/22/2000)

May 22, 2000

May 22, 2000

PACER
9

ASSENTED-TO MOTION by the parties for Protective Order no memo; with Protective Order attached (jab) (Entered: 05/22/2000)

May 22, 2000

May 22, 2000

PACER

ENDORSED ORDER granting/approving [8-1] stipulation re: Class Certification ( signed by Judge Steven J. McAuliffe ) (jab)

June 26, 2000

June 26, 2000

PACER
10

ORDER granting [9-1] motion for Protective Order, good cause having been shown ( signed by Judge Steven J. McAuliffe ) (jab) (Entered: 06/28/2000)

June 26, 2000

June 26, 2000

PACER

TRIAL NOTICE. Joint mediation statement due 3/8/01 ; Final Pretrial Statements Due 5/14/01 ; Final Pretrial Conference set for 2:00 5/23/01 ; Bench Trial set for 2-week period beginning 9:00 6/5/01 LR 16.2(e) Objections Due: 5/21/00. ( before Judge Steven J. McAuliffe ) (jab)

Aug. 9, 2000

Aug. 9, 2000

PACER
11

ASSENTED-TO MOTION by Bonnie Bryson, Claire Shepardson to Amend Pretrial [0-0] order as to disclosure of pltfs' experts; to 1/1/01; disclosure of defts' experts to 2/15/01; discovery deadline to 5/1/01; motions for summary judgment deadline to 3/1/01 no memorandum. (jab) (Entered: 09/19/2000)

Sept. 19, 2000

Sept. 19, 2000

PACER

ENDORSED ORDER granting [11-1] motion to Amend Pretrial [0-0] order as to disclosure of pltfs' experts to 1/1/01; disclosure of defts' experts to 2/15/01; discovery deadline to 5/1/01; motions for summary judgment deadline to 3/1/01, reset Discovery deadline to 5/1/01, reset Summary Judgment Motion deadline to 3/1/01 ( signed by Judge Steven J. McAuliffe ) (jab)

Sept. 19, 2000

Sept. 19, 2000

PACER
12

NOTICE of substitute attorney for Bonnie Bryson, Claire Shepardson . Terminated attorney Ronald K. Lospennato for Claire Shepardson, attorney Ronald K. Lospennato for Bonnie Bryson **Substituted attorney Sheila O'Leary Zakre as lead counsel; Amy B. Messer is also substituted as co-counsel. All notices shall go to Atty Zakre. (jab) Modified on 12/04/2000 (Entered: 12/04/2000)

Dec. 4, 2000

Dec. 4, 2000

PACER
13

MOTION by Bonnie Bryson, Claire Shepardson to Amend [0-0] pretrial order order with assented (jab) (Entered: 12/04/2000)

Dec. 4, 2000

Dec. 4, 2000

PACER

ENDORSED ORDER granting [13-1] motion to Amend [0-0] pretrial order order: pltf to disclose experts/reports by 3/15/01; defts to disclose experts/reports by 5/1/01; motion for summary judgment to be filed 7/15/01; discovery to closed 6/15/01. reset Discovery deadline to 6/15/01, reset Motion Filing deadline to 7/15/01 for Developmental Svcs, for HHS NH, for Claire Shepardson, for Bonnie Bryson ( signed by Judge Steven J. McAuliffe ) (jab)

Dec. 5, 2000

Dec. 5, 2000

PACER

AMENDED TRIAL NOTICE. Joint mediation statement due 8/1/01 ; Final Pretrial Statements Due 10/12/01 ; Final Pretrial set for 9:00 10/22/01 ; Bench Trial set for 2-week period beginning 9:00 10/30/01 LR 16.2(e) Objections Due: 10/19/01. ( before Judge Steven J. McAuliffe ) (jab)

Dec. 6, 2000

Dec. 6, 2000

PACER
14

ASSENTED TO MOTION by HHS NH, Developmental Svcs to Extend Time to disclose experts to 5/31/01 (amm) (Entered: 05/02/2001)

May 1, 2001

May 1, 2001

PACER
15

Addendum by defendant HHS NH, defendant Developmental Svcs to [14-1] motion to Extend Time to disclose experts to 5/31/01 - pltf only assents to an extention to 5/21 not to 5/31 (dae) (Entered: 05/04/2001)

May 3, 2001

May 3, 2001

PACER
16

OBJECTION by HHS NH, Developmental Svcs to [14-1] motion to Extend Time to disclose experts to 5/31/01 (dae) (Entered: 05/04/2001)

May 4, 2001

May 4, 2001

PACER

ENDORSED ORDER granting [14-1] motion to Extend Time to disclose experts to 5/31/01 ( signed by Judge Steven J. McAuliffe ) (amm)

May 14, 2001

May 14, 2001

PACER
17

ASSENTED TO MOTION by Bonnie Bryson, Claire Shepardson to Extend Discovery deadline to 6/29/01 and filing of summary judgment motions to 7/29/01 (amm) (Entered: 06/12/2001)

June 12, 2001

June 12, 2001

PACER

ENDORSED ORDER granting [17-1] motion to Extend Discovery deadline to 6/29/01 and filing of summary judgment motions to 7/29/01, reset Discovery deadline to 6/29/01, reset Summary Judgment Motion deadline to 7/29/01 ( signed by Judge Steven J. McAuliffe ) (amm)

June 13, 2001

June 13, 2001

PACER
18

MOTION by HHS NH, Developmental Svcs to Exceed Page Limit in Memorandum of Law in Support of Motion for Summary Judgment no memorandum. (jab) (Entered: 07/30/2001)

July 30, 2001

July 30, 2001

PACER
19

MOTION by HHS NH, Developmental Svcs for Summary Judgment On All Counts with memorandum submitted with motion to exceed page limit. Objection to summary judgment deadline 9/4/01 (jab) (Entered: 07/31/2001)

July 30, 2001

July 30, 2001

PACER
20

MOTION by Bonnie Bryson, Claire Shepardson for Partial Summary Judgment Pursuant to Fed.R.Civ.P. 56 on Counts II, VI and VII of the Complaint with memorandum and bound indices (2 Volumes). Objection to summary judgment deadline 9/4/01 (jab) (Entered: 07/31/2001)

July 30, 2001

July 30, 2001

PACER

ENDORSED ORDER granting [18-1] motion to Exceed Page Limit in Memorandum of Law in Support of Motion for Summary Judgment ( signed by Judge Steven J. McAuliffe ) (jab)

Aug. 1, 2001

Aug. 1, 2001

PACER
21

MEMORANDUM by HHS NH, Developmental Svcs in support of/to [19-1] motion for Summary Judgment On All Counts with bound exhibits (jab) (Entered: 08/01/2001)

Aug. 1, 2001

Aug. 1, 2001

PACER
22

JOINT Mediation Statement: Pltf is willing to submit the case to mediation provided there is no cost to the Pltfs; Defts feel that this case is not the type of case that would be amenable to mediation through the Court's ADR. (jab) (Entered: 08/01/2001)

Aug. 1, 2001

Aug. 1, 2001

PACER
23

OBJECTION with memorandum by HHS NH, Developmental Svcs to [20-1] motion for Partial Summary Judgment Pursuant to Fed.R.Civ.P. 56 on Counts II, VI and VII of the Complaint (amm) (Entered: 08/29/2001)

Aug. 29, 2001

Aug. 29, 2001

PACER
24

ASSENTED-TO MOTION by Bonnie Bryson, Claire Shepardson to Exceed page limit of memo/objection to motion for summary judgment no memorandum. (jab) (Entered: 09/05/2001)

Sept. 4, 2001

Sept. 4, 2001

PACER

ENDORSED ORDER granting [24-1] motion to Exceed page limit of memo/objection to motion for summary judgment ( signed by Judge Steven J. McAuliffe ) (jab)

Sept. 5, 2001

Sept. 5, 2001

PACER
25

OBJECTION with memorandum incorporated therein and Exhibits 1-31 (bound, 2 vols) by Bonnie Bryson, Claire Shepardson to [19-1] motion for Summary Judgment On All Counts (jab) (Entered: 09/05/2001)

Sept. 5, 2001

Sept. 5, 2001

PACER
26

Addendum/add'l documents to be appended to Exhibt 3, Chmura Affidavit, submitted in support of pltfs' objection to Defts' motion for summary judgment by plaintiff Bonnie Bryson, plaintiff Claire Shepardson to [25-1] motion objection (jab) (Entered: 09/12/2001)

Sept. 11, 2001

Sept. 11, 2001

PACER
27

REPLY by HHS NH, Developmental Svcs to objection to [19-1] motion for Summary Judgment On All Counts (jab) (Entered: 09/19/2001)

Sept. 18, 2001

Sept. 18, 2001

PACER
28

MOTION by Bonnie Bryson, Claire Shepardson for Leave to File Supplementary Objection to Defts' Motion for SUmmary Judgment no memorandum; with Supplementary Objection attached. Objection to Motion Deadline 10/22/01 (jab) (Entered: 10/01/2001)

Oct. 1, 2001

Oct. 1, 2001

PACER
29

PRETRIAL MATERIAL filed by HHS NH, Developmental Svcs . (amm) (Entered: 10/15/2001)

Oct. 12, 2001

Oct. 12, 2001

PACER
30

Request for Findings of Fact and Rulings of Law by defendant HHS NH, defendant Developmental Svcs (amm) (Entered: 10/15/2001)

Oct. 12, 2001

Oct. 12, 2001

PACER
31

MOTION by HHS NH, Developmental Svcs to Extend Time to file trial memorandum until after ruling on motion for summary judgment Objection to Motion Deadline 11/1/01 (amm) (Entered: 10/15/2001)

Oct. 12, 2001

Oct. 12, 2001

PACER
32

PRETRIAL MATERIAL filed by Bonnie Bryson, Claire Shepardson . (amm) (Entered: 10/15/2001)

Oct. 12, 2001

Oct. 12, 2001

PACER
33

Request for Findings of Fact and Rulings of Law by plaintiff Bonnie Bryson, plaintiff Claire Shepardson (amm) (Entered: 10/15/2001)

Oct. 12, 2001

Oct. 12, 2001

PACER
34

TRIAL MEMORANDUM by Bonnie Bryson, Claire Shepardson (amm) (Entered: 10/15/2001)

Oct. 12, 2001

Oct. 12, 2001

PACER
35

OBJECTION with memorandum by Bonnie Bryson, Claire Shepardson to [31-1] motion to Extend Time to file trial memorandum until after ruling on motion for summary judgment (jab) (Entered: 10/16/2001)

Oct. 16, 2001

Oct. 16, 2001

PACER
36

OBJECTION by Bonnie Bryson, Claire Shepardson to [30-1] findings of fact request, [29-1] pre-trial material (witness list; exhibit list . (jab) (Entered: 10/22/2001)

Oct. 19, 2001

Oct. 19, 2001

PACER
37

OBJECTION by HHS NH, Developmental Svcs to [34-1] response, [33-1] findings of fact request, [32-1] pre-trial material . (jab) (Entered: 10/22/2001)

Oct. 19, 2001

Oct. 19, 2001

PACER

FINAL PRETRIAL CONFERENCE held on 2:00 10/22/01 before Judge Steven J. McAuliffe (jab)

Oct. 22, 2001

Oct. 22, 2001

PACER
38

/// ORDER granting in part, denying in part [20-1] motion for Partial Summary Judgment on Counts II, VI and VII of the Complaint - Granted as to Count VII, denied as to Count II, and moot as to Count VI; // granting in part, denying in part [19-1] motion for Summary Judgment On All Counts - granted as to Counts I and V, denied as to Counts II, III, IV, and VII, and moot as to Count VI. Accordingly, this case shall proceed to trial on Counts II, III and IV. Trial is now set to begin at 9:00 a.m. on 12/3/01. ( signed by Judge Steven J. McAuliffe ) (jab) (Entered: 10/23/2001)

Oct. 23, 2001

Oct. 23, 2001

PACER

ENDORSED ORDER granting [28-1] motion for Leave to File Supplementary Objection to Defts' Motion for SUmmary Judgment - no objection ( signed by Judge Steven J. McAuliffe ) (jab)

Oct. 23, 2001

Oct. 23, 2001

PACER
39

SUPPLEMENTAL OBJECTION/BASED ON MATERIAL DOCUMENTS DEFENDANTS RECENTLY PROVIDED PLAINTIFFS P by Bonnie Bryson, Claire Shepardson to [19-1] motion for Summary Judgment On All Counts . (jab) (Entered: 10/23/2001)

Oct. 23, 2001

Oct. 23, 2001

PACER
40

FINAL PRETRIAL ORDER; Evidence will begin on 12/3/01; parties estimate trial will require approximately 3 days. Witness list; premarked exhibits to be filed by 11/30/01. reset Bench Trial for 9:00 12/3/01, set Notice of Compliance deadline to 11/30/01 for Developmental Svcs, for HHS NH, for Claire Shepardson, for Bonnie Bryson ( signed by Judge Steven J. McAuliffe ) (jab) Modified on 10/26/2001 (Entered: 10/23/2001)

Oct. 23, 2001

Oct. 23, 2001

PACER

ENDORSED ORDER granting [31-1] motion to Extend Time to file trial memorandum until after ruling on motion for summary judgment ( signed by Judge Steven J. McAuliffe ) (jab)

Oct. 24, 2001

Oct. 24, 2001

PACER
41

TRIAL MEMORANDUM by HHS NH, Developmental Svcs (amm) (Entered: 11/08/2001)

Nov. 7, 2001

Nov. 7, 2001

PACER

PRETRIAL CONFERENCE before: Judge McAuliffe set at 2:30 11/28/01 . (jab)

Nov. 27, 2001

Nov. 27, 2001

PACER

PRETRIAL CONFERENCE before: Judge McAuliffe held (jab)

Nov. 28, 2001

Nov. 28, 2001

PACER
42

Stipulated Facts by Bonnie Bryson, Claire Shepardson, HHS NH, Developmental Svcs (jab) (Entered: 11/30/2001)

Nov. 30, 2001

Nov. 30, 2001

PACER

ENDORSED ORDER approving/granting [42-1] stipulation ( signed by Judge Steven J. McAuliffe ) (jab)

Dec. 10, 2001

Dec. 10, 2001

PACER
43

/// ORDER: Declaratory Judgment is granted as to Count II of pltfs' motion for summary judgment; Court does not reach Counts II and IV and finds them moot; Court shall enter judgment in accorance with this Order. ( signed by Judge Steven J. McAuliffe ) (jab) (Entered: 12/10/2001)

Dec. 10, 2001

Dec. 10, 2001

PACER
44

JUDGMENT is hereby entered in accordance with the Orders of Judge Steven J. McAuliffe dated October 23, 2001 and December 10, 2001, and the Stipulated Facts approved by Judge Steven J. McAuliffe dated December 10, 2001. (Signed by Clerk James R. Starr) (jab) (Entered: 12/10/2001)

Dec. 10, 2001

Dec. 10, 2001

PACER

Case closed (jab)

Dec. 10, 2001

Dec. 10, 2001

PACER
45

ASSENTED-TO MOTION by Bonnie Bryson, Claire Shepardson to Extend Time in which to file pltfs' motion for reasonable attorney's fees to 1/9/02 no memorandum. (jab) (Entered: 12/21/2001)

Dec. 21, 2001

Dec. 21, 2001

PACER

ENDORSED ORDER granting [45-1] motion to Extend Time in which to file pltfs' motion for reasonable attorney's fees to 1/9/02, set Motion Filing deadline to 1/9/02 for Claire Shepardson, for Bonnie Bryson ( signed by Judge Steven J. McAuliffe ) (jab)

Dec. 27, 2001

Dec. 27, 2001

PACER
46

ASSENTED-TO MOTION by Bonnie Bryson, Claire Shepardson to Extend Time to 1/22/02, or For a Stay Pending Appeal re: Pltfs' Motion for Reasonable Attorney's Fees no memorandum. (jab) (Entered: 01/08/2002)

Jan. 7, 2002

Jan. 7, 2002

PACER

ENDORSED ORDER granting [46-1] motion to Extend Time to 1/22/02, mooting [46-2] motion For a Stay Pending Appeal re: Pltfs' Motion for Reasonable Attorney's Fees, reset Motion Filing deadline to 1/22/02 for Claire Shepardson, for Bonnie Bryson ( signed by Judge Steven J. McAuliffe ) (jab)

Jan. 8, 2002

Jan. 8, 2002

PACER
47

NOTICE OF APPEAL by HHS NH, Developmental Svcs . Filing fee $ 105.00 ; receipt # 21099. File-stamped copy to parties/CCA with Appeal Information Sheet. (jab) Modified on 01/24/2002 (Entered: 01/10/2002)

Jan. 9, 2002

Jan. 9, 2002

PACER
48

ASSENTED-TO MOTION by HHS NH, Developmental Svcs For Partial Stay of Judgment Pending Appeal no memorandum. (jab) (Entered: 01/10/2002)

Jan. 10, 2002

Jan. 10, 2002

PACER

ENDORSED ORDER granting [48-1] motion For Partial Stay of Judgment Pending Appeal ( signed by Judge Steven J. McAuliffe ) (jab)

Jan. 10, 2002

Jan. 10, 2002

PACER

Appeal record sent to CCA with Clerk's certificate on [47-1] appeal by Developmental Svcs, HHS NH -- transmitting documents: 1-48 (jab)

Jan. 11, 2002

Jan. 11, 2002

PACER

NOTICE of Docketing Record on Appeal from First Circuit Court of Appeals Re: [47-1] appeal by Developmental Svcs, HHS NH . CCA NUMBER: 02-1059 (jab)

Jan. 24, 2002

Jan. 24, 2002

PACER
49

OPINION of CCA Re: [47-1] appeal. CCA reversed the district court's ruling that the waiver plan must include 200 slots, vacated the notice ruling and the injunction, and remanded the other two issues. (jab) (Entered: 10/18/2002)

Oct. 17, 2002

Oct. 17, 2002

PACER
50

Addendum/Errata sheet from CCA amending [49-1] cca opinion (Page 3, Line 6) (jab) (Entered: 10/18/2002)

Oct. 18, 2002

Oct. 18, 2002

PACER
51

MANDATE OF CCA Re: [47-1] appeal - the district court's ruling that the waiver plan must include 200 slots is reversed, and the notice ruling and the injunction are vacated. The matters are remanded for further proceedings not inconsistent with the opinion issued. (jab) (Entered: 11/06/2002)

Nov. 6, 2002

Nov. 6, 2002

PACER

Record on appeal returned from U.S. Court of Appeals: [47-1] appeal by Developmental Svcs, HHS NH (jab)

Nov. 6, 2002

Nov. 6, 2002

PACER

Case reopened (jab)

Nov. 6, 2002

Nov. 6, 2002

PACER

Status conference set at 10:00 12/18/02 before: Judge McAuliffe (jab)

Nov. 6, 2002

Nov. 6, 2002

PACER

Terminated Document [47-1] appeal - returned from CCA (jab)

Nov. 19, 2002

Nov. 19, 2002

PACER

Status conference held before: Judge McAuliffe in chambers. (jab)

Dec. 18, 2002

Dec. 18, 2002

PACER
52

ORDER, plaintiffs to advise the Court and defendants as to what legal and factual issues remain; dispositive motions to be filed by 2/20/03 if appropriate; responses to be filed by 4/4/03. set Notice of Compliance deadline to 1/31/03 for Claire Shepardson, for Bonnie Bryson, set Dispositive Motion deadline to 2/20/03, Response deadline set for 4/4/03 for Claire Shepardson, for Bonnie Bryson ( signed Judge Steven J. McAuliffe ) (jar) (Entered: 01/27/2003)

Jan. 24, 2003

Jan. 24, 2003

PACER
53

NOTICE by Bonnie Bryson, Claire Shepardson RE Remaining Legal and Factual Issues (jar) (Entered: 02/03/2003)

Jan. 31, 2003

Jan. 31, 2003

PACER
54

MOTION by HHS NH, Developmental Svcs to Extend Time to 3/20/03 to File Motions for Summary Judgment with assent, no memorandum served on: 2/20/03. (jar) (Entered: 02/21/2003)

Feb. 20, 2003

Feb. 20, 2003

PACER
55

MOTION by HHS NH, Developmental Svcs for Summary Judgment with memorandum served on: 3/20/03. Objection to summary judgment deadline 4/22/03 (jar) (Entered: 03/21/2003)

March 20, 2003

March 20, 2003

PACER

ENDORSED ORDER granting [54-1] motion to Extend Time to 3/20/03 to File Motions for Summary Judgment nunc pro tunc. ( signed by Judge Steven J. McAuliffe ) (jar)

April 3, 2003

April 3, 2003

PACER
56

MOTION by Bonnie Bryson, Claire Shepardson to Extend Time to 6/2/03 to File Objection to Motion for Summary Judgment with assent, no memorandum; served on: 4/17/03. (jar) (Entered: 04/22/2003)

April 18, 2003

April 18, 2003

PACER

ENDORSED ORDER granting [56-1] motion to Extend Time to 6/2/03 to File Objection to Motion for Summary Judgment, reset Objection to summary jgm deadline reset to 6/2/03 [55-1] motion for Summary Judgment ( signed by Judge Steven J. McAuliffe ) (jar)

April 23, 2003

April 23, 2003

PACER
57

MOTION by Bonnie Bryson, Claire Shepardson for Summary Judgment or in the Alternative, Plaintiffs' Objection to Defendants' Motion for Summary Judgment with memo and exhibits volume 1 and 2; served on: 6/2/03. Objection to summary judgment deadline 7/7/03 (jar) Modified on 06/03/2003 (Entered: 06/03/2003)

June 2, 2003

June 2, 2003

PACER
58

MOTION by Bonnie Bryson, Claire Shepardson to Exceed Page Limitations with assent; no memo; served on: 6/2/03. (jar) (Entered: 06/03/2003)

June 3, 2003

June 3, 2003

PACER

ENDORSED ORDER granting [58-1] motion to Exceed Page Limitations re: objection to motion for summary judgment ( signed by Judge Steven J. McAuliffe ) (amm)

June 4, 2003

June 4, 2003

PACER
59

MOTION by HHS NH, Developmental Svcs to Strike [57-1] motion for Summary Judgment or in the Alternative, Plaintiffs' Objection to Defendants' Motion for Summary Judgment no memo; served on: 6/5/03. Objection to Motion Deadline 6/24/03 (jar) (Entered: 06/06/2003)

June 5, 2003

June 5, 2003

PACER
60

MOTION by Bonnie Bryson, Claire Shepardson to Substitute a Corrected Memo in Support of Plaintiffs' Motion for Summary Judgment or, in the Alternative, Objection to Defendants' Motion for Summary Judgment Dated March 20, 2003 with assent; corrected memo attached; served on: 6/9/03. (jar) (Entered: 06/10/2003)

June 9, 2003

June 9, 2003

PACER

ENDORSED ORDER granting [60-1] motion to Substitute a Corrected Memo in Support of Plaintiffs' Motion for Summary Judgment or, in the Alternative, Objection to Defendants' Motion for Summary Judgment Dated March 20, 2003 ( signed by Judge Steven J. McAuliffe ) (jar)

June 11, 2003

June 11, 2003

PACER
61

CORRECTED MEMORANDUM by Bonnie Bryson, Claire Shepardson in support of [57-1] motion for Summary Judgment or in the Alternative, Plaintiffs' Objection to Defendants' Motion Summary Judgment (jar) (Entered: 06/11/2003)

June 11, 2003

June 11, 2003

PACER
62

OBJECTION with no memo statement by Bonnie Bryson, Claire Shepardson to [59-1] motion to Strike [57-1] motion for Summary Judgment or in the Alternative, Plaintiffs' Objection to Defendants' Motion for Summary Judgment . Date of service of objection was 6/16/03 (jab) (Entered: 06/16/2003)

June 16, 2003

June 16, 2003

PACER
63

MOTION by Bonnie Bryson, Claire Shepardson for Leave to File Notice of New Authority with assent; no memo; notice attached; served on: 8/13/03. (jar) (Entered: 08/18/2003)

Aug. 18, 2003

Aug. 18, 2003

PACER

ENDORSED ORDER granting [63-1] motion for Leave to File Notice of New Authority ( signed by Judge Steven J. McAuliffe ) (jar)

Aug. 18, 2003

Aug. 18, 2003

PACER
64

RESPONSE/NOTICE of New Authority by Bonnie Bryson, Claire Shepardson to [57-1] motion for Summary Judgment or in the Alternative, Plaintiffs' Objection to Defendants' Motion for Summary Judgment . (jar) (Entered: 08/29/2003)

Aug. 18, 2003

Aug. 18, 2003

PACER

Case Details

State / Territory: New Hampshire

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Olmstead Cases

Key Dates

Filing Date: Dec. 1, 1999

Closing Date: 2006

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A group of persons who had acquired brain disorders and were eligible for home and community-based care services but were put on the waiting list.

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

NH Department of Health and Human Services, State

NH Division of Developmental Services, 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

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