Case: Disability Rights New Jersey v. Velez

3:05-cv-01784 | U.S. District Court for the District of New Jersey

Filed Date: April 5, 2005

Closed Date: Oct. 3, 2017

Clearinghouse coding complete

Case Summary

NOTE: This is one of three identically named cases in the Clearinghouse. For the 2005 case generally challenging the unnecessary institutionalization of individuals with disabilities in New Jersey, see Disability Rights New Jersey v. Velez (3:05-cv-04723). For the case challenging the long waitlists for community-based services, see Disability Rights New Jersey v. Velez (3:08-cv-01858). On April 5, 2005, a non-profit organization representing approximately one thousand individuals confined in p…

NOTE: This is one of three identically named cases in the Clearinghouse. For the 2005 case generally challenging the unnecessary institutionalization of individuals with disabilities in New Jersey, see Disability Rights New Jersey v. Velez (3:05-cv-04723). For the case challenging the long waitlists for community-based services, see Disability Rights New Jersey v. Velez (3:08-cv-01858).

On April 5, 2005, a non-profit organization representing approximately one thousand individuals confined in psychiatric hospitals in New Jersey filed a lawsuit against Commissioner of the New Jersey Department of Human Services under Due Process Clause, the Americans with Disabilities Act, and Section 504 of the Rehabilitation Act in the U.S. District Court for the District of New Jersey. The plaintiff, represented by public services counsel, asked the Court for declaratory and injunctive relief, alleging that the defendant failed to provide community placements for individuals currently residing in state psychiatric hospitals that had been adjudicated as no longer meeting the standards for civil commitment. Specifically, the plaintiff claimed that the defendant had used the Conditional Extension Pending Placement ("CEPP") to confine individuals for excessive periods of time and has failed to implement an effective plan for discharging these individuals into the community, even though under New Jersey law, the state might use CEPP to continue confinement while the state was still developing an appropriate community placement.

On September 30, 2005, the Court (Judge Stanley R. Chesler) denied the defendant's motion to dismiss.

On July 29, 2009, after extended negotiations, the parties reached a settlement whereby the state agreed to place 1065 individuals in the community through FY 2014.

The agreement was initially set to last until 2014. But, by November 2014, the defendant was not set to meet the requirements of the consent decree. Judge Wolfson therefor extended the agreement until 2016. On March 2, 2017, the parties submitted a letter to the court notifying it of substantial compliancy by the defendants. The consent decree terminated and the case is now closed.

Summary Authors

Kunyi Zhang (3/1/2011)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5706352/parties/disability-rights-new-jersey-inc-v-velez/


Judge(s)

Bongiovanni, Tonianne J. (New Jersey)

Chesler, Stanley R. (New Jersey)

Attorney for Plaintiff

Carr, Jeffrey A. (New Jersey)

Dodick, Helen C. (New Jersey)

Attorney for Defendant

Dacosta, David L (New Jersey)

show all people

Documents in the Clearinghouse

Document

3:05-cv-01784

Docket

Disability Rights New Jersey, Inc. v. Velez

Oct. 3, 2017

Oct. 3, 2017

Docket
2

3:05-cv-01784

Complaint

Disability Rights New Jersey, Inc. v. Velez

May 19, 2005

May 19, 2005

Complaint
17

3:05-cv-01784

Opinion (Motion to Dismiss Denied)

Disability Rights New Jersey, Inc. v. Velez

Sept. 30, 2005

Sept. 30, 2005

Order/Opinion

2005 WL 2416962

69-2

3:05-cv-01784

Settlement Agreement

Disability Rights New Jersey, Inc. v. Velez

July 29, 2009

July 29, 2009

Settlement Agreement

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5706352/disability-rights-new-jersey-inc-v-velez/

Last updated Aug. 21, 2025, 12:11 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against JAMES DAVY ( Filing fee $ 250 receipt number 341338.), filed by NEW JERSEY PROTECTION AND ADVOCACY INC.,(tp ) (Entered: 04/05/2005)

April 5, 2005

April 5, 2005

PACER

Summons Issued as to JAMES DAVY.Days Due - 20. (tp )

April 5, 2005

April 5, 2005

PACER
2

AMENDED COMPLAINT against JAMES DAVY, filed by NEW JERSEY PROTECTION AND ADVOCACY INC.,.(DWYER, WILLIAM) (Entered: 05/19/2005)

May 19, 2005

May 19, 2005

PACER
3

Application and Proposed Order for Clerk's Order to extend time to answer as to Amended Complaint. Attorney KATIUSCA POLANCO and KATIUSCA POLANCO for JAMES DAVY added. (POLANCO, KATIUSCA) (Entered: 06/02/2005)

June 2, 2005

June 2, 2005

PACER

Clerk's Text only order granting Application for extension of time for dft. James Davy to answer to 6/21/05 (ck)

June 3, 2005

June 3, 2005

PACER
4

First MOTION for Extension of Time to File Answer re 2 Amended Complaint by JAMES DAVY. (Attachments: # 1 Certificate of Service # 2 Certification # 3 Text of Proposed Order)(POLANCO, KATIUSCA) (Entered: 06/20/2005)

June 20, 2005

June 20, 2005

PACER

Set Deadlines as to 4 First MOTION for Extension of Time to File Answer re 2 Amended Complaint. Motion Hearing set for 7/18/2005 10:00 AM in Trenton - Courtroom 6W before Magistrate Judge John J. Hughes. (PLEASE NOTE THAT PURSUANT TO FED. R. CIV. P. 78 AND LOCAL RULE 7.1(B)(4), NO ORAL ARGUMENT WILL BE HELD IN THIS MATTER AND PARTIES SHOULD NOT APPEAR UNLESS SPECIFICALLY DIRECTED TO DO SO BY THE COURT.) (ck )

June 21, 2005

June 21, 2005

PACER
5

First MOTION to Dismiss by JAMES DAVY. Responses due by 7/6/2005 (Attachments: # 1 Brief in support of motion to dismiss# 2 Certificate of Service)(MITCHELL, BETH) (Entered: 07/06/2005)

July 6, 2005

July 6, 2005

PACER
6

Amended MOTION to Dismiss (per 7/7/05 electronic notice from court) by JAMES DAVY. Responses due by 7/6/2005 (Attachments: # 1 Brief (revised ) in support of motion to dismiss# 2 Certificate of Service (revised))(MITCHELL, BETH) (Entered: 07/07/2005)

July 7, 2005

July 7, 2005

PACER

CLERKS OFFICE QUALITY CONTROL MESSAGE - Attachment #1 Brief to 52 Motion to Dismiss submitted by BETH MITCHELL, ESQ. on 7/6/05 did not contain a proper electronic signature (s/). PLEASE RESUBMIT THE DOCUMENT WITH THE PROPER ELECTRONIC SIGNATURE BY 7/12/05. This submission will remain on the docket unless otherwise ordered by the court. This message is for informational purposes only.. (ck)

July 7, 2005

July 7, 2005

PACER

Set Deadlines as to 5 First MOTION to Dismiss. Motion Hearing set for 8/1/2005 10:00 AM in Trenton - Courtroom 5E before Judge Stanley R. Chesler. (PLEASE NOTE THAT PURSUANT TO FED. R. CIV. P. 78 AND LOCAL RULE 7.1(B)(4), NO ORAL ARGUMENT WILL BE HELD IN THIS MATTER AND PARTIES SHOULD NOT APPEAR UNLESS SPECIFICALLY DIRECTED TO DO SO BY THE COURT.) (ck)

July 7, 2005

July 7, 2005

PACER

Set Deadlines as to 6 Amended MOTION to Dismiss (per 7/7/05 electronic notice from court). Motion Hearing set for 8/1/2005 10:00 AM in Trenton - Courtroom 5E before Judge Stanley R. Chesler. (PLEASE NOTE THAT PURSUANT TO FED. R. CIV. P. 78 AND LOCAL RULE 7.1(B)(4), NO ORAL ARGUMENT WILL BE HELD IN THIS MATTER AND PARTIES SHOULD NOT APPEAR UNLESS SPECIFICALLY DIRECTED TO DO SO BY THE COURT.) (ck)

July 8, 2005

July 8, 2005

PACER
7

ORDER granting 4 Motion for Extension of Time to Answer TO 7/26/05 . Signed by Judge John J. Hughes on 7/12/05. (ms) (Entered: 07/12/2005)

July 12, 2005

July 12, 2005

PACER
8

BRIEF in Opposition re 6 Amended MOTION to Dismiss (per 7/7/05 electronic notice from court) filed by NEW JERSEY PROTECTION AND ADVOCACY INC.,. (STERN, JORDAN) (Entered: 09/09/2005)

Sept. 9, 2005

Sept. 9, 2005

PACER
9

AFFIDAVIT in Support re 6 Amended MOTION to Dismiss (per 7/7/05 electronic notice from court) filed by NEW JERSEY PROTECTION AND ADVOCACY INC.,. (Attachments: # 1 Certificate of Service)(STERN, JORDAN) (Entered: 09/09/2005)

Sept. 9, 2005

Sept. 9, 2005

PACER
10

MOTION for Leave to Appear Pro Hac Vice by NEW JERSEY PROTECTION AND ADVOCACY INC.,. (Attachments: # 1 Declaration of Alison Barkoff# 2 Order# 3 Certificate of Service)(DWYER, WILLIAM) (Entered: 09/19/2005)

Sept. 19, 2005

Sept. 19, 2005

PACER
11

MOTION for Leave to Appear Pro Hac Vice by NEW JERSEY PROTECTION AND ADVOCACY INC.,. (Attachments: # 1 Declaration of Ira Burnim# 2 Order# 3 Certificate of Service)(DWYER, WILLIAM) (Entered: 09/19/2005)

Sept. 19, 2005

Sept. 19, 2005

PACER
12

MOTION for Leave to Appear Pro Hac Vice by NEW JERSEY PROTECTION AND ADVOCACY INC.,. (Attachments: # 1 Declaration of Jennifer Mathis# 2 Order# 3 Certificate of Service)(DWYER, WILLIAM) (Entered: 09/19/2005)

Sept. 19, 2005

Sept. 19, 2005

PACER

Set Deadlines as to 10 ; 11 ; & 12 MOTIONS for Leave to Appear Pro Hac Vice. Motion Hearing set for 10/17/2005 10:00 AM in Trenton - Courtroom 6W before Magistrate Judge John J. Hughes. (PLEASE NOTE THAT PURSUANT TO FED. R. CIV. P. 78 AND LOCAL RULE 7.1(B)(4), NO ORAL ARGUMENT WILL BE HELD IN THIS MATTER AND PARTIES SHOULD NOT APPEAR UNLESS SPECIFICALLY DIRECTED TO DO SO BY THE COURT.) (ck )

Sept. 20, 2005

Sept. 20, 2005

PACER

CLERK'S QUALITY CONTROL MESSAGE: Documents 10 ; 11 ; & 12 are not in compliance with Local Civil Rule 7.1(d)(1) which requires Briefs to be submitted as separate documents. While a Brief may be submitted as a SEPARATE ATTACHMENT, it is not to be a part of the moving papers. This message is for informational purposes only. (ck)

Sept. 20, 2005

Sept. 20, 2005

PACER
13

REPLY to Response to Motion re 6 Amended MOTION to Dismiss (per 7/7/05 electronic notice from court) filed by JAMES DAVY. (MITCHELL, BETH) (Entered: 09/26/2005)

Sept. 26, 2005

Sept. 26, 2005

PACER
14

NOTICE of Appearance by JORDAN ADAM STERN on behalf of NEW JERSEY PROTECTION AND ADVOCACY INC., (STERN, JORDAN) (Entered: 09/27/2005)

Sept. 27, 2005

Sept. 27, 2005

PACER
15

BRIEF in Opposition re 12 MOTION for Leave to Appear Pro Hac Vice, 10 MOTION for Leave to Appear Pro Hac Vice, 11 MOTION for Leave to Appear Pro Hac Vice filed by JAMES DAVY. (Attachments: # 1 Certificate of Service)(MITCHELL, BETH) (Entered: 09/27/2005)

Sept. 27, 2005

Sept. 27, 2005

PACER
16

Certification of Beth Leigh Mitchell (cert of service) on behalf of JAMES DAVY Re 13 Reply to Response to Motion. (MITCHELL, BETH) (Entered: 09/27/2005)

Sept. 27, 2005

Sept. 27, 2005

PACER
17

OPINION re 6 Amended MOTION to Dismiss (per 7/7/05 electronic notice from court) filed by JAMES DAVY, . Signed by Judge Stanley R. Chesler on 9/30/05. (ck)

Sept. 30, 2005

Sept. 30, 2005

RECAP
18

ORDER denying 6 Motion to Dismiss . Signed by Judge Stanley R. Chesler on 9/30/05. (ck) (Entered: 09/30/2005)

Sept. 30, 2005

Sept. 30, 2005

PACER

NOTICE of Hearing on Motion 10 MOTION for Leave to Appear Pro Hac Vice, 11 MOTION for Leave to Appear Pro Hac Vice, 12 MOTION for Leave to Appear Pro Hac Vice: Motion Hearing set for 10/17/2005 03:00 PM in Trenton - Courtroom 6W before Magistrate Judge John J. Hughes. (dg, )

Oct. 5, 2005

Oct. 5, 2005

PACER
19

REPLY to Response to Motion re 12 MOTION for Leave to Appear Pro Hac Vice, 10 MOTION for Leave to Appear Pro Hac Vice, 11 MOTION for Leave to Appear Pro Hac Vice filed by NEW JERSEY PROTECTION AND ADVOCACY INC.,. (Attachments: # 1 Certification Supplemental Declaration in Support of Motions for Pro Hac Vice Admissions)(STERN, JORDAN) (Entered: 10/06/2005)

Oct. 6, 2005

Oct. 6, 2005

PACER
20

ANSWER to Amended Complaint by JAMES DAVY.(MITCHELL, BETH) (Entered: 10/13/2005)

Oct. 13, 2005

Oct. 13, 2005

PACER
21

NOTICE of Hearing: Initial Conference set for 11/14/2005 03:30 PM in Trenton - Courtroom 6E before Magistrate Judge Tonianne J. Bongiovanni. (dg, ) (Entered: 10/17/2005)

Oct. 17, 2005

Oct. 17, 2005

PACER

Minute Entry for proceedings held before Judge John J. Hughes : Motion Hearing held on 10/17/2005 re 12 MOTION for Leave to Appear Pro Hac Vice filed by NEW JERSEY PROTECTION AND ADVOCACY INC.,,, 10 MOTION for Leave to Appear Pro Hac Vice filed by NEW JERSEY PROTECTION AND ADVOCACY INC.,,, 11 MOTION for Leave to Appear Pro Hac Vice filed by NEW JERSEY PROTECTION AND ADVOCACY INC.,,. (Court Reporter FTR / Glynn.) (dg, )

Oct. 17, 2005

Oct. 17, 2005

PACER
22

ORDER granting 10 Motion for Leave to Appear Alison Barkoff, Esq. Pro Hac Vice on behalf of New Jersey Protection and Advocacy, Inc. Signed by Judge John J. Hughes on 10/18/05. (ck ) (Entered: 10/19/2005)

Oct. 19, 2005

Oct. 19, 2005

PACER
23

ORDER granting 11 Motion for Leave to Appear Ira A. Burnim, Esq. Pro Hac Vice on behalf of New Jersey Protection and Advocacy, Inc. Signed by Judge John J. Hughes on 10/18/05. (ck) (Entered: 10/19/2005)

Oct. 19, 2005

Oct. 19, 2005

PACER
24

ORDER granting 12 Motion for Leave to Appear Jennifer Mathis, Esq. Pro Hac Vice on behalf of New Jersey Protection and Advocacy, Inc. Signed by Judge John J. Hughes on 10/18/05. (ck ) (Entered: 10/19/2005)

Oct. 19, 2005

Oct. 19, 2005

PACER

Pro Hac Vice fee: $ 150, receipt number 345678 received by Alison Barkoff, Esq., $150, receipt number 345679 received by Jennifer Mathis, Esq. & $150, receipt number 345680 received by Ira Burnim, Esq. (lk)

Oct. 26, 2005

Oct. 26, 2005

PACER

Minute Entry for proceedings held before Judge Tonianne J. Bongiovanni : Initial Pretrial Conference held on 11/22/2005. (mr)

Nov. 22, 2005

Nov. 22, 2005

PACER
25

PRETRIAL SCHEDULING ORDER: Telephone Conference set for 3/13/2006 10:00 AM before Magistrate Judge Tonianne J. Bongiovanni.. Signed by Judge Tonianne J. Bongiovanni on 11/30/05. (ck) (Entered: 12/02/2005)

Dec. 2, 2005

Dec. 2, 2005

PACER
26

Substitution of Attorney - Attorney DAVID L. DACOSTA and DAVID L. DACOSTA for JAMES DAVY added. Attorney KATIUSCA POLANCO terminated.. (DACOSTA, DAVID) (Entered: 01/05/2006)

Jan. 5, 2006

Jan. 5, 2006

PACER

Minute Entry for proceedings held before Judge Tonianne J. Bongiovanni: Telephone Conference held on 2/22/2006. Status Telephone Conference set for 3/21/2006 4:00 PM before Magistrate Judge Tonianne J. Bongiovanni. (mm)

Feb. 22, 2006

Feb. 22, 2006

PACER
27

DISCOVERY CONFIDENTIALITY & PROTECTIVE ORDER. Signed by Judge Tonianne J. Bongiovanni on 3/6/06. (ck ) (Entered: 03/06/2006)

March 6, 2006

March 6, 2006

PACER

Minute Entry for proceedings held before Judge Tonianne J. Bongiovanni: Telephone Conference held on 3/21/2006. Status Telephone Conference set for 4/24/2006 2:30 PM before Magistrate Judge Tonianne J. Bongiovanni. Plaintiff to initiate call. (mm)

March 21, 2006

March 21, 2006

PACER

Minute Entry for proceedings held before Judge Tonianne J. Bongiovanni: Telephone Conference held on 4/24/2006. Status Telephone Conference set for 6/29/2006 11:00 AM before Magistrate Judge Tonianne J. Bongiovanni. Plaintiff is to initiate the call. (mm)

April 24, 2006

April 24, 2006

PACER
28

ORDER confirming that the Status Telephone Conference set for 6/29/2006 11:00 AM before Magistrate Judge Tonianne J. Bongiovanni w/ the pltf's to initiate the call. Signed by Judge Tonianne J. Bongiovanni on 4/25/06. (ck) (Entered: 04/26/2006)

April 26, 2006

April 26, 2006

PACER

Minute Entry for proceedings held before Judge Tonianne J. Bongiovanni: Telephone Conference held on 6/29/2006. Status Telephone Conference set for 7/11/2006 9:30 AM before Magistrate Judge Tonianne J. Bongiovanni. Plaintiff is to initiate the call. (mm)

June 29, 2006

June 29, 2006

PACER
29

ORDER REASSIGNING CASE. Case reassigned to Judge Freda L. Wolfson for all further proceedings. Judge Stanley R. Chesler no longer assigned to case. Signed by Judge Garrett E. Brown, Jr. on 7/10/06. (eh, ) (Entered: 07/12/2006)

July 10, 2006

July 10, 2006

PACER

Minute Entry for proceedings held before Judge Tonianne J. Bongiovanni: Telephone Conference held on 7/11/2006. Status Telephone Conference set for 8/17/2006 11:30 AM before Magistrate Judge Tonianne J. Bongiovanni. Plaintiff to initiate. (mm)

July 11, 2006

July 11, 2006

PACER
30

Letter SCHEDULING ORDER: Telephone Conference reset for 9/20/2006, 11:00 AM in Trenton - Courtroom 6E before Magistrate Judge Tonianne J. Bongiovanni; Signed by Judge Tonianne J. Bongiovanni on 7/24/06 (DH) (Entered: 07/26/2006)

July 26, 2006

July 26, 2006

PACER
31

NOTICE of Appearance by GERARD ANDREW HUGHES on behalf of JAMES DAVY (HUGHES, GERARD) (Entered: 07/27/2006)

July 27, 2006

July 27, 2006

PACER
32

NOTICE of Appearance by JEFFREY A. CARR on behalf of NEW JERSEY PROTECTION AND ADVOCACY INC., (CARR, JEFFREY) (Entered: 08/17/2006)

Aug. 17, 2006

Aug. 17, 2006

PACER
33

NOTICE of Appearance by NICHOLAS M. KOULETSIS on behalf of NEW JERSEY PROTECTION AND ADVOCACY INC., (KOULETSIS, NICHOLAS) (Entered: 08/17/2006)

Aug. 17, 2006

Aug. 17, 2006

PACER

Minute Entry for proceedings held before Judge Tonianne J. Bongiovanni: Telephone Conference held on 9/20/2006. (mm)

Sept. 20, 2006

Sept. 20, 2006

PACER
34

SCHEDULING ORDER setting certain deadlines: Telephone Conference set for 2/1/2007 10:00 AM before Magistrate Judge Tonianne J. Bongiovanni. Pretrial Factual Discovery due by 6/30/2007.. Signed by Judge Tonianne J. Bongiovanni on 10/5/06. (ck, ) (Entered: 10/10/2006)

Oct. 10, 2006

Oct. 10, 2006

PACER
35

NOTICE of Change of Address by JEFFREY A. CARR (CARR, JEFFREY) (Entered: 12/15/2006)

Dec. 15, 2006

Dec. 15, 2006

PACER
36

LETTER ORDER adjourning the conference call to 22/22/07 at 10am . Signed by Judge Tonianne J. Bongiovanni on 1/4/07. (ck, ) (Entered: 01/04/2007)

Jan. 4, 2007

Jan. 4, 2007

PACER

Minute Entry for proceedings held before Judge Tonianne J. Bongiovanni: Telephone Conference held on 2/22/2007. Status Telephone Conference set for 6/13/2007 10:00 AM before Magistrate Judge Tonianne J. Bongiovanni. (mm)

Feb. 22, 2007

Feb. 22, 2007

PACER
37

ORDER confirming that the conference call is scheduled for 6/13/07 at 10am. Signed by Judge Tonianne J. Bongiovanni on 2/23/07. (ck, ) (Entered: 02/23/2007)

Feb. 23, 2007

Feb. 23, 2007

PACER

Minute Entry for proceedings held before Judge Tonianne J. Bongiovanni: Telephone Conference held on 6/13/2007. (mm)

June 13, 2007

June 13, 2007

PACER
38

MOTION for Leave to Appear Pro Hac Vice by NEW JERSEY PROTECTION AND ADVOCACY INC.,. (Attachments: # 1 Brief in Support of Motion# 2 Declaration # 3 Text of Proposed Order # 4 Certificate of Service)(DWYER, WILLIAM) (Entered: 08/09/2007)

Aug. 9, 2007

Aug. 9, 2007

PACER

Set Deadlines as to 38 MOTION for Leave to Appear Pro Hac Vice. Motion Hearing set for 9/4/2007 10:00 AM in Trenton - Courtroom 6E before Magistrate Judge Tonianne J. Bongiovanni. (PLEASE NOTE THAT PURSUANT TO FED. R. CIV. P. 78 AND LOCAL RULE 7.1(B)(4), NO ORAL ARGUMENT WILL BE HELD IN THIS MATTER AND PARTIES SHOULD NOT APPEAR UNLESS SPECIFICALLY DIRECTED TO DO SO BY THE COURT.) (ck, )

Aug. 10, 2007

Aug. 10, 2007

PACER
39

ORDER granting 38 Motion for Andrew Penn, Esq. Leave to Appear Pro Hac Vice for pltf.. Signed by Judge Tonianne J. Bongiovanni on 8/14/07. (lk) (Entered: 08/14/2007)

Aug. 14, 2007

Aug. 14, 2007

PACER
40

Notice of Request by Pro Hac Vice to receive Notices of Electronic Filings. (DWYER, WILLIAM) (Entered: 08/15/2007)

Aug. 15, 2007

Aug. 15, 2007

PACER

CLERK'S QUALITY CONTROL MESSAGE: Regarding document 40 Request for electronic notification of pro hac vice counsel filed by W. Dwyer, Esq.. Counsel is advised that the required payment of $150 has not be received and recorded on the docket. No notice will be recorded until such payment has been received. Counsel is also advised that this request will need to be refiled once payment is recorded (ck )

Aug. 16, 2007

Aug. 16, 2007

PACER
41

Notice of Request by Pro Hac Vice for Andrew Penn to receive Notices of Electronic Filings. (DWYER, WILLIAM) (Entered: 08/23/2007)

Aug. 23, 2007

Aug. 23, 2007

PACER

Pro Hac Vice fee: for Andrew Penn $ 150, receipt number 359527 (lk)

Aug. 23, 2007

Aug. 23, 2007

PACER
42

ORDER SCHEDULING CONFERENCE: Telephone Conference set for 11/1/2007 10:00 AM before Magistrate Judge Tonianne J. Bongiovanni.. Signed by Judge Tonianne J. Bongiovanni on 9/4/07. (ck ) (Entered: 09/04/2007)

Sept. 4, 2007

Sept. 4, 2007

PACER
43

NOTICE of Appearance by PATRICIA ANN LAUCH on behalf of NEW JERSEY PROTECTION AND ADVOCACY INC., (LAUCH, PATRICIA) (Entered: 10/05/2007)

Oct. 5, 2007

Oct. 5, 2007

PACER
44

LETTER ORDER extending briefing schedule. Signed by Judge Tonianne J. Bongiovanni on 11/1/07. (lk) (Entered: 11/02/2007)

Nov. 2, 2007

Nov. 2, 2007

PACER
45

NOTICE by JAMES DAVY Withdrawal of David L. DaCosta as attorney appearing on behalf of Defendant James Davy (DACOSTA, DAVID) (Entered: 11/29/2007)

Nov. 29, 2007

Nov. 29, 2007

PACER
46

STIPULATED ORDER substituting defendant and amending caption. Signed by Judge Tonianne J. Bongiovanni on 11/30/07. (ck, ) (Entered: 12/03/2007)

Dec. 3, 2007

Dec. 3, 2007

PACER
47

CERTIFICATE OF SERVICE; Subpoena excuted on 12/6/07 by NEW JERSEY PROTECTION AND ADVOCACY INC., (ck, ) (Entered: 12/12/2007)

Dec. 12, 2007

Dec. 12, 2007

PACER
48

LETTER ORDER denying pltf's application to compel & directing the defendant to produce unredacted copies of certain documents within ten days. Signed by Judge Tonianne J. Bongiovanni on 12/19/07. (ck, ) (Entered: 12/19/2007)

Dec. 19, 2007

Dec. 19, 2007

PACER
49

Letter from New Jersey Protection & Adovocacy ( Patricia A lauch). (LAUCH, PATRICIA) (Entered: 12/20/2007)

Dec. 20, 2007

Dec. 20, 2007

PACER
50

STIPULATION and ORDER for discovery and setting teleconference for 2/6/2008 @ 11:00am Signed by Judge Tonianne J. Bongiovanni on 1/5/2008. (ss, ) (Entered: 01/07/2008)

Jan. 7, 2008

Jan. 7, 2008

PACER

Minute Entry for proceedings held before Magistrate Judge Tonianne J. Bongiovanni: Telephone Conference held on 2/6/2008. Status Telephone Conference set for 3/13/2008 11:00 AM before Magistrate Judge Tonianne J. Bongiovanni. Plainitff is to initiate the call. (mm)

Feb. 6, 2008

Feb. 6, 2008

PACER
51

LETTER ORDER: Settlement Conference set for 3/13/2008 11:00 AM before Magistrate Judge Tonianne J. Bongiovanni.. Signed by Magistrate Judge Tonianne J. Bongiovanni on 2/8/08. (lk) (Entered: 02/14/2008)

Feb. 11, 2008

Feb. 11, 2008

PACER

Minute Entry for proceedings held before Magistrate Judge Tonianne J. Bongiovanni: Settlement Conference held on 3/13/2008. (mm)

March 13, 2008

March 13, 2008

PACER
52

ORDER confirming defendant has until 4/9/08 to advise if another settlement conference is needed.. Signed by Magistrate Judge Tonianne J. Bongiovanni on 3/31/2008. (tp ) (Entered: 04/01/2008)

April 1, 2008

April 1, 2008

PACER

Reset Hearings: Settlement Conference set for 4/22/2008 3:00 PM in Trenton - Courtroom 6E before Magistrate Judge Tonianne J. Bongiovanni. (mm)

April 11, 2008

April 11, 2008

PACER
53

LETTER ORDER: Settlement Conference set for 4/22/2008 03:00 PM in Trenton - Courtroom 6E before Magistrate Judge Tonianne J. Bongiovanni. Signed by Magistrate Judge Tonianne J. Bongiovanni on 4/11/08. (ij, ) (Entered: 04/16/2008)

April 15, 2008

April 15, 2008

PACER

Minute Entry for proceedings held before Magistrate Judge Tonianne J. Bongiovanni: Settlement Conference held on 4/22/2008. (mm)

April 22, 2008

April 22, 2008

PACER
54

ORDER tolling Discovery for 30 days. Signed by Magistrate Judge Tonianne J. Bongiovanni on 4/23/2008. (tp ) (Entered: 04/25/2008)

April 24, 2008

April 24, 2008

PACER
55

ORDER, ( Settlement Conference set for 5/20/2008 02:30 PM in Trenton - Courtroom 6E before Magistrate Judge Tonianne J. Bongiovanni.). Signed by Magistrate Judge Tonianne J. Bongiovanni on 5/2/2008. (tp ) (Entered: 05/05/2008)

May 5, 2008

May 5, 2008

PACER

Minute Entry for proceedings held before Magistrate Judge Tonianne J. Bongiovanni: Settlement Conference held on 5/20/2008. (mm)

May 20, 2008

May 20, 2008

PACER
56

ORDER setting telephone conference for 7/2/2008. Signed by Magistrate Judge Tonianne J. Bongiovanni on 6/2/2008. (tp ) (Entered: 06/04/2008)

June 3, 2008

June 3, 2008

PACER

Minute Entry for proceedings held before Magistrate Judge Tonianne J. Bongiovanni: Telephone Conference held on 7/2/2008. (mm)

July 2, 2008

July 2, 2008

PACER
57

NOTICE by NEW JERSEY PROTECTION AND ADVOCACY INC., Withdrawal of Appearance of Alison Barkoff (CARR, JEFFREY) (Entered: 07/10/2008)

July 10, 2008

July 10, 2008

PACER
58

LETTER ORDER setting phone conference for 9/3/2008 at 9:30am. Signed by Magistrate Judge Tonianne J. Bongiovanni on 8/11/2008. (tp ) (Entered: 08/11/2008)

Aug. 11, 2008

Aug. 11, 2008

PACER

Minute Entry for proceedings held before Magistrate Judge Tonianne J. Bongiovanni: Telephone Conference held on 9/3/2008. Status Telephone Conference set for 10/2/2008 2:00 PM before Magistrate Judge Tonianne J. Bongiovanni. (mm)

Sept. 3, 2008

Sept. 3, 2008

PACER
59

LETTER ORDER confirming teleconference set for October 2, 2008 at 3:00 p.m. Signed by Magistrate Judge Tonianne J. Bongiovanni on 9/3/08. (ij, ) (Entered: 09/04/2008)

Sept. 4, 2008

Sept. 4, 2008

PACER

Minute Entry for proceedings held before Magistrate Judge Tonianne J. Bongiovanni: Telephone Conference held on 10/3/2008. (mm)

Oct. 3, 2008

Oct. 3, 2008

PACER
60

LETTER ORDER re: settlement & discovery. Signed by Magistrate Judge Tonianne J. Bongiovanni on 10/3/08. (lk) (Entered: 10/06/2008)

Oct. 6, 2008

Oct. 6, 2008

PACER
61

STIPULATION re 1 Complaint, 2 Amended Complaint changing caption to reflect Plaintiff's new name by JENNIFER VELEZ. (MITCHELL, BETH) (Entered: 10/24/2008)

Oct. 24, 2008

Oct. 24, 2008

PACER
62

NOTICE of Appearance by LAURIE PAULA MANUS on behalf of JENNIFER VELEZ (Attachments: # 1 Certificate of Service)(MANUS, LAURIE) (Entered: 10/24/2008)

Oct. 24, 2008

Oct. 24, 2008

PACER
63

ORDER SCHEDULING CONFERENCE: Settlement Conference set for 12/10/2008 02:30 PM in Trenton - Courtroom 6E before Magistrate Judge Tonianne J. Bongiovanni. Signed by Magistrate Judge Tonianne J. Bongiovanni on 10/27/2008. (mmh) (Entered: 10/27/2008)

Oct. 27, 2008

Oct. 27, 2008

PACER
64

STIPULATED ORDER Substituting Plaintiff's Name and Amending Caption. Signed by Magistrate Judge Tonianne J. Bongiovanni on 10/28/2008. (mmh) (Entered: 10/29/2008)

Oct. 29, 2008

Oct. 29, 2008

PACER

Minute Entry for proceedings held before Magistrate Judge Tonianne J. Bongiovanni: Telephone Conference held on 12/10/2008. (mm)

Dec. 10, 2008

Dec. 10, 2008

PACER
65

LETTER SCHEDULING ORDER: Telephone Conference set for 4/7/2009 10:00 AM in Trenton - Courtroom 6E before Magistrate Judge Tonianne J. Bongiovanni. Final Pretrial Conference set for 11/30/2009 11:00 AM in Trenton - Courtroom 6E before Magistrate Judge Tonianne J. Bongiovanni. Discovery due by 4/15/2009. Dispositive Motions due by 9/25/2009; returnable 10/19/2009. Signed by Magistrate Judge Tonianne J. Bongiovanni on 12/10/2008. (mmh) (Entered: 12/11/2008)

Dec. 11, 2008

Dec. 11, 2008

PACER

Set/Reset Hearings: Please be advised Judge Wolfson has set a Status/Settlement Conference for 2/23/2009 at 10:00 AM in Trenton - Courtroom 5E before Judge Freda L. Wolfson. Please have representatives with full authority to discuss settlement present. (jg, )

Feb. 11, 2009

Feb. 11, 2009

PACER

Minute Entry for proceedings held before Judge Freda L. Wolfson: Settlement Conference held on 2/25/2009, ( Settlement Conference continued to 3/23/2009 11:00 AM in Trenton - Courtroom 5E before Judge Freda L. Wolfson.). (jg, )

Feb. 25, 2009

Feb. 25, 2009

PACER

Text Minute Entry for proceedings held before Judge Freda L. Wolfson: Settlement Conference held on 3/23/2009. (jg, )

March 23, 2009

March 23, 2009

PACER

Case Details

State / Territory: New Jersey

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Olmstead Cases

Multi-LexSum (in sample)

Key Dates

Filing Date: April 5, 2005

Closing Date: Oct. 3, 2017

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A non-profit corporation that serves as New Jersey’s protection and advocacy system for people with disabilities.

Plaintiff Type(s):

State Plaintiff

Attorney Organizations:

NDRN/Protection & Advocacy Organizations

Bazelon Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

New Jersey Department of Human Services, 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

Constitutional Clause(s):

Due Process

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 2009 - 2016