Case: Kathleen S. v. Dept of Public Welfare

2:97-cv-06610 | U.S. District Court for the Eastern District of Pennsylvania

Filed Date: Oct. 27, 1997

Closed Date: 1999

Clearinghouse coding complete

Case Summary

On October 27, 1997, a group of individuals with mental illness who had been institutionalized at Haverford State Hospital ("HSH") filed a lawsuit against the state under the Americans with Disabilities Act ("ADA") in the U.S. District Court for the Eastern District of Pennsylvania. The plaintiffs, represented by legal services, asked the Court for declaratory and injunctive relief, alleging that the defendants' announcement of their decision to close HSH by June 30, 1998 and to transfer cert…

On October 27, 1997, a group of individuals with mental illness who had been institutionalized at Haverford State Hospital ("HSH") filed a lawsuit against the state under the Americans with Disabilities Act ("ADA") in the U.S. District Court for the Eastern District of Pennsylvania. The plaintiffs, represented by legal services, asked the Court for declaratory and injunctive relief, alleging that the defendants' announcement of their decision to close HSH by June 30, 1998 and to transfer certain residents to Norristown State Hospital, violated their rights under ADA. Specifically, the plaintiffs claimed that the state failed to provide the plaintiffs with services in the most integrated setting appropriate to their needs and that the state used methods of administration which had a discriminatory effect by continuing unnecessarily to institutionalize the plaintiffs who had been found eligible for community placement.

On February 25, 1998, the Court (Judge Raymond J. Broderick) certified a plaintiff class which included all persons institutionalized at HSH as of August 26, 1997. And on June 26, 1998, the Court subsequently divided the class into three subclasses.

The Court held a bench trial in May of 1998. On June 26, 1998, the Court (Judge Broderick) entered judgment in favor of all three subclasses.

On July 2, 1998, the defendants filed a Notice of Appeal to the Third Circuit. On July 30, 1998, the Court subsequently denied the defendants' motion for a stay pending appeal.

After hearing the parties' oral argument, in September 1999, the Third Circuit suggested to the parties that, in light of the Supreme Court's decision in Olmstead, the parties should attempt to resolve the matter before further disposition by the Third Circuit.

The parties subsequently entered into settlement discussions. On October 14, 1999, the parties executed a Settlement Agreement. On December 23, 1999, the Court (Judge Broderick) approved the Settlement Agreement.

Summary Authors

Kunyi Zhang (3/1/2011)

People


Judge(s)

Broderick, Raymond Joseph (Pennsylvania)

Attorneys(s) for Plaintiff

Gold, Stephen F. (Pennsylvania)

McNichol, Paul D. (Pennsylvania)

Meek, Robert W. (Pennsylvania)

Murphy, Mark J. (Pennsylvania)

Spector, Jill M. (Pennsylvania)

Attorneys(s) for Defendant

Crowley, Francis X. (Pennsylvania)

Fellin, Daniel (Pennsylvania)

Kramer, Barry N. (Pennsylvania)

Judge(s)

Broderick, Raymond Joseph (Pennsylvania)

Attorneys(s) for Plaintiff

Gold, Stephen F. (Pennsylvania)

McNichol, Paul D. (Pennsylvania)

Meek, Robert W. (Pennsylvania)

Murphy, Mark J. (Pennsylvania)

Spector, Jill M. (Pennsylvania)

Attorneys(s) for Defendant

Crowley, Francis X. (Pennsylvania)

Fellin, Daniel (Pennsylvania)

Kramer, Barry N. (Pennsylvania)

Documents in the Clearinghouse

Document

2:97-cv-06610

Docket

Jan. 7, 2000

Jan. 7, 2000

Docket
25

2:97-cv-06610

Memorandum (Motion for Class Certification Granted)

1998 WL 83973

Feb. 25, 1998

Feb. 25, 1998

Order/Opinion
44

2:97-cv-06610

Judgment in favor of the Plaintiffs

10 F.Supp.2d 460

June 26, 1998

June 26, 1998

Order/Opinion
57

2:97-cv-06610

Memorandum (Motion for Stay of Enforcement Denied)

10 F.Supp.2d 476

July 30, 1998

July 30, 1998

Order/Opinion
67

2:97-cv-06610

Memorandum (Settlement Approved)

1999 WL 1257284

Dec. 23, 1999

Dec. 23, 1999

Order/Opinion

Resources

Docket

Last updated June 6, 2022, 3:14 a.m.

ECF Number Description Date Link Date / Link
1

Complaint. filing fee $ 150 receipt # 648011 (aam) (Entered: 10/27/1997)

Oct. 27, 1997

Oct. 27, 1997

Summons(es) issued; 4 originals mailed to: Counsel 10/27/97 (aam) (Entered: 10/27/1997)

Oct. 27, 1997

Oct. 27, 1997

2

Affidavit of: Shelley D. Harper re: served summons and complaint upon Len Crumb Office of Legal Counsel on behalf of DEFENDANT FEATHER O. HOUSTOUN. Served by: personal service on 12/2/97. (fe) (Entered: 12/16/1997)

Dec. 15, 1997

Dec. 15, 1997

3

Affidavit of: Shelley D. Harper re: served summons and complaint upon Len Crumb Office of Legal Counsel on behalf of DEFENDANT DEPART. OF PUBLIC WELFARE. Served by: personal service on 12/2/97. (fe) (Entered: 12/16/1997)

Dec. 15, 1997

Dec. 15, 1997

4

Affidavit of: Thomas Lawk re: served summons and complaint upon Sandy Chiusa Legal Dept. on behalf of DEFENDANT COUNTY OF DELAWARE . Served by: personal service on 12/1/97. (fe) (Entered: 12/16/1997)

Dec. 15, 1997

Dec. 15, 1997

5

Affidavit of: Thomas Lawk re: served summons and complaint upon Marietta Tenaglia on behalf of DEFENDANT DELAWARE CO OFFICE OF MENTAL HEALTH AND MENTAL RETARDATION . Served by: personal service on 12/1/97. (fe) (Entered: 12/16/1997)

Dec. 15, 1997

Dec. 15, 1997

6

First Amended complaint by PLAINTIFF KATHLEEN S., PLAINTIFF BRUCE R., PLAINTIFF JAMES V., PLAINTIFF BRETT S., PLAINTIFF BERNARD S. amending [1−1] complaint , Certificate of Service. (ph) (Entered: 12/16/1997)

Dec. 15, 1997

Dec. 15, 1997

Summons(es) issued on First Amended Complaint Forwarded to: S. Gold, Esq. 12/17/97 (ph) (Entered: 12/17/1997)

Dec. 15, 1997

Dec. 15, 1997

14

MOTION by PLAINTIFF KATHLEEN S., PLAINTIFF BRUCE R., PLAINTIFF JAMES V., PLAINTIFF BRETT S., PLAINTIFF BERNARD FOR EXPEDITED DISCOVERY , MEMORANDUM, CERTIFICATE OF SERVICE. (mb) (Entered: 01/21/1998)

Dec. 26, 1997

Dec. 26, 1997

7

Appearance of PAUL D. MC NICHOL for DEFENDANT COUNTY OF DELAWARE, DEFENDANT DELAWARE CO MENTAL , Certificate of Service. (mb) (Entered: 12/31/1997)

Dec. 31, 1997

Dec. 31, 1997

8

Appearance of MARK J. MURPHY for PLAINTIFF KATHLEEN S., PLAINTIFF BRUCE R., PLAINTIFF JAMES V., PLAINTIFF BRETT S., PLAINTIFF BERNARD S. , Certificate of Service. (mb) (Entered: 01/07/1998)

Jan. 7, 1998

Jan. 7, 1998

9

MOTION by PLAINTIFF KATHLEEN S., PLAINTIFF BRUCE R., PLAINTIFF JAMES V., PLAINTIFF BRETT S., PLAINTIFF BERNARD S. FOR CLASS CERTIFICATION , MEMORANDUM, CERTIFICATE OF SERVICE. (mb) (Entered: 01/07/1998)

Jan. 7, 1998

Jan. 7, 1998

10

STIPULATION AND ORDER THAT THE COUNTY DEFENDANTS SHALL HAVE UNTIL 1/9/98 TO FILE AN ANSWER TO THE AMENDED COMPLAINT OR FILE A MOTION TO DISMISS THE AMENDED COMPLAINT ( SIGNED BY JUDGE RAYMOND J. BRODERICK ) 1/8/98 ENTERED AND COPIES MAILED AND FAXED BY CHAMBERS ON 1/7/98. (mb) (Entered: 01/08/1998)

Jan. 7, 1998

Jan. 7, 1998

11

Answer and Affirmative Defenses by DEPART. OF PUBLIC, FEATHER O. HOUSTOUN (Attorney BARRY N. KRAMER) to first amended complaint , Certificate of Service. (mb) (Entered: 01/08/1998)

Jan. 8, 1998

Jan. 8, 1998

12

MOTION by DEFENDANT COUNTY OF DELAWARE, DEFENDANT DELAWARE CO MENTAL TO DISMISS THE FIRST AMENDED COMPLAINT ,OR IN THE ALTERNATIVE FOR ABSTENTION , MEMORANDUM, CERTIFICATE OF SERVICE. (mb) (Entered: 01/12/1998)

Jan. 9, 1998

Jan. 9, 1998

13

Withdrawal of appearance by JILL M. SPECTOR for PLAINTIFF KATHLEEN S., PLAINTIFF BRUCE R., PLAINTIFF JAMES V., PLAINTIFF BRETT S., PLAINTIFF BERNARD S., CERTIFICATE OF SERVICE. (mb) (Entered: 01/16/1998)

Jan. 15, 1998

Jan. 15, 1998

15

ORDER DATED 12/29/97 THAT PLAINTIFF'S MOTION FOR EXPEDITED DISCOVERY IS GRANTED; DEFENDANTS SHALL RESPOND TO PLAINTIFFS' REQUEST FOR PRODUCTION OF DOCUMENTS WITHIN 15 DAYS OF THE DATE OF THIS ORDER, ETC. ( SIGNED BY JUDGE RAYMOND J. BRODERICK ) 1/21/98 ENTERED AND COPIES MAILED . (mb) (Entered: 01/21/1998)

Jan. 21, 1998

Jan. 21, 1998

16

STIPULATION AND ORDER THAT THE COUNTY DEFENDANTS HAVE UNTIL 1/30/98 TO RESPOND TO PLAINTIFF'S MOTION FOR CLASS CERTIFICATION ( SIGNED BY JUDGE RAYMOND J. BRODERICK ) 1/29/98 ENTERED AND COPIES MAILED AND FAXED BY CHAMBERS ON 1/28/98. (mb) (Entered: 01/29/1998)

Jan. 29, 1998

Jan. 29, 1998

17

STIPULATION OF CONFIDENTIALITY AND PROTECTIVE ORDER, RE: DISCOVERY, ETC. ( SIGNED BY JUDGE RAYMOND J. BRODERICK ) 1/29/98 ENTERED AND COPIES MAILED AND FAXED. (mb) (Entered: 01/29/1998)

Jan. 29, 1998

Jan. 29, 1998

Certain documents governed by Protective Order. (mb) (Entered: 01/29/1998)

Jan. 29, 1998

Jan. 29, 1998

18

STIPULATION AND ORDER THAT RESPONSE TO MOTION reset to 2/5/98 for COUNTY DEFENDANT'S MOTION TO DISMISS THE FIRST AMENDED COMPLAINT ( SIGNED BY JUDGE RAYMOND J. BRODERICK ) 1/29/98 ENTERED AND COPIES MAILED AND FAXED BY CHAMBERS ON 1/28/98. (mb) (Entered: 01/29/1998)

Jan. 29, 1998

Jan. 29, 1998

19

Memorandum of Law by DEFENDANT COUNTY OF DELAWARE, DEFENDANT DELAWARE CO MENTAL in opposition to PLAINTIFF'S MOTION FOR CLASS CERTIFICATION , Certificate of Service. (mb) (Entered: 01/30/1998)

Jan. 30, 1998

Jan. 30, 1998

20

STIPULATION AND ORDER THAT THE DEFENDANTS MUST PRODUCE ALL RECORDS OF THE NAMED PLAINTIFFS; AND ALL RECORDS OF THE OTHER RESIDENTS OF HAVERFORD STATE HOSPITAL WHO ARE OR WILL BE DESIGNATED TO BE TRANSFERRED TO NORRISTOWN STATE HOSPITAL ( SIGNED BY JUDGE RAYMOND J. BRODERICK ) 2/4/98 ENTERED AND COPIES MAILED AND FAXED BY CHAMBERS ON 2/3/98. (mb) (Entered: 02/04/1998)

Feb. 4, 1998

Feb. 4, 1998

21

Brief by PLAINTIFF KATHLEEN S., PLAINTIFF BRUCE R., PLAINTIFF JAMES V., PLAINTIFF BRETT S., PLAINTIFF BERNARD S. in opposition to defendants' MOTION TO DISMISS THE FIRST AMENDED COMPLAINT, MOTION FOR ABSTENTION, Certificate of Service. (fe) (Entered: 02/05/1998)

Feb. 5, 1998

Feb. 5, 1998

22

Reply Brief by PLAINTIFF KATHLEEN S., PLAINTIFF BRUCE R., PLAINTIFF JAMES V. to Memorandum of Defendants County of Delaware and Delaware County Office of Mental Health and Mental Retardation In Opposition to Plaintiffs' Motion for Class Certification, Cert. of Service. (rp) (Entered: 02/17/1998)

Feb. 17, 1998

Feb. 17, 1998

23

MOTION by PLAINTIFF KATHLEEN S., PLAINTIFF BRUCE R., PLAINTIFF JAMES V. FOR EXPEDITED BRIEFING SCHEDULE AND HEARING ON PLAINTIFFS' MOTION FOR PERMANENT INJUNCTIVE RELIEF , MEMORANDUM, CERTIFICATE OF SERVICE. (mb) (Entered: 02/24/1998)

Feb. 24, 1998

Feb. 24, 1998

24

ORDER THAT DEFENDANTS' MOTION TO DISMISS THE FIRST AMENDED COMPLAINT IS DENIED. DEFENDANTS' MOTION FOR ABSTENTION IS DENIED. IT IS FURTHER ORDERED: THE DEFENDANTS' MOTION TO DISMISS PURSUANT TO 12 (b) (6) IS DENIED AS TO THE COUNTY OF DELAWARE BUT IS GRANTED AS TO THE OFFICE OF MENTAL HEALTH AND MENTAL RETARDARDATION BECAUSE THAT OFFICE LACKS THE CAPACITY TO BE SUED PURSUANT TO THE PENNSYLVANIA RULES OF CIVIL PROCEDURE, WHICH REQUIRE ACTIONS TO BE BROUGHT AGAINST POLITICAL SUBDIVISIONS AND NOT THEIR AGENCIES OR DEPARTMENTS. ( SIGNED BY JUDGE RAYMOND J. BRODERICK ) 2/25/98 ENTERED AND COPIES MAILED AND FAXED BY CHAMBERS ON 2/24/98. (jl) (Entered: 02/25/1998)

Feb. 24, 1998

Feb. 24, 1998

25

ORDER THAT PLAINTIFF'S MOTION FOR CLASS CERTIFICATION IS GRANTED; IT IS FURTHER ORDERED THAT THE FOLLOWING CLASS IS CERTIFIED, ALL PERSONS INSTITUTIONALIZED AT HAVERFORD STATE HOSPITAL AS OF 8/26/97; ALL DELAWARE COUNTY RESIDENTS INSTITUTIONALIZED AT HAVERFORD STATE HOSPITAL AS OF 8/26/97, ETC. ( SIGNED BY JUDGE RAYMOND J. BRODERICK ) 2/26/98 ENTERED AND COPIES MAILED AND FAXED BY CHAMBERS ON 2/25/98. (mb) (Entered: 02/26/1998)

Feb. 25, 1998

Feb. 25, 1998

26

ORDER THAT AN INTIAL PRETRIAL CONFERENCE WILL BE HELD ON 3/11/98 AT 12:30 P.M. ; DISCOVERY SHALL BE COMPLETED BY 3/30/98 ; A FINAL PRETRIAL CONFERENCE SHALL BE HELD ON 4/15/98 AT 9:00 A.M. ; TRIAL DATE SCHEDULED FOR 4/28/98 AT 9:30 A.M.; ( SIGNED BY JUDGE RAYMOND J. BRODERICK ) 3/6/98 ENTERED AND COPIES MAILED AND FAXED BY CHAMBERS ON 3/5/98. (mb) (Entered: 03/06/1998)

March 6, 1998

March 6, 1998

27

ORDER, SCHEDULING ORDER DEADLINES: DISCOVERY COMPLETED BY 4/13/98 ; PRETRIAL CONFERENCE WILL BE HELD ON 9:30 4/29/98 ; TRIAL DATE SCHEDULED FOR 9:30 5/11/98 ; ( SIGNED BY JUDGE RAYMOND J. BRODERICK ) 3/11/98 ENTERED AND COPIES MAILED AND FAXED. (mb) (Entered: 03/11/1998)

March 11, 1998

March 11, 1998

28

STIPULATION AND ORDER THAT DEFT IS GRANTED A (10) DAYS EXTENSION OF TIME UNTIL 3/16/98 TO ANSWER PLFFS' FIRST AMENDED COMPLAINT. ( SIGNED BY JUDGE RAYMOND J. BRODERICK ) 3/16/98 ENTERED AND COPIES MAILED AND FAXED. (gn) (Entered: 03/16/1998)

March 16, 1998

March 16, 1998

29

ORDER THAT THE CASE IS SPECIALLY LISTED FOR TRIAL TO COMMENCE ON 5/11/98 IN COURTROOM 10−B. ( SIGNED BY JUDGE RAYMOND J. BRODERICK ) 3/16/98 ENTERED AND COPIES MAILED AND FAXED. (gn) (Entered: 03/16/1998)

March 16, 1998

March 16, 1998

30

Answer with affirmative defenses by COUNTY OF DELAWARE (Attorney FRANCIS X. CROWLEY) to first amended complaint , Certificate of Service. (jl) (Entered: 03/17/1998)

March 16, 1998

March 16, 1998

31

STIPULATION OF CONFIDENTIALITY AND PROTECTIVE ORDER RE: DISCOVERY. ( SIGNED BY JUDGE RAYMOND J. BRODERICK ) 3/19/98 ENTERED AND COPIES MAILED AND FAXED BY CHAMBERS 3/18/98. (fe) (Entered: 03/19/1998)

March 18, 1998

March 18, 1998

Certain documents governed by Protective Order. (fe) (Entered: 03/19/1998)

March 18, 1998

March 18, 1998

32

Appearance of DANIEL FELLIN for DEFENDANT DEPART. OF PUBLIC, DEFENDANT FEATHER O. HOUSTOUN , Certificate of Service. (jl) (Entered: 05/06/1998)

May 6, 1998

May 6, 1998

33

Proposed Findings of Facts and Conclusions of Law by DEFENDANT DEPART. OF PUBLIC et al, certificate of service. (cb) (Entered: 05/11/1998)

May 11, 1998

May 11, 1998

34

Plaintiffs' Proposed Findings of Facts and Conclusions of Law, certificate of service. (fe) (Entered: 05/12/1998)

May 12, 1998

May 12, 1998

35

FINAL PRETRIAL ORDER WITH COURT APPROVAL. ( SIGNED BY JUDGE RAYMOND J. BRODERICK ) 5/12/98 ENTERED AND COPIES MAILED. (fe) (Entered: 05/12/1998)

May 12, 1998

May 12, 1998

36

ORDER THAT THE CLAIMS BY PLFFS AGAINST DELAWARE COUNTY SHALL BE SEVERED AND TRIED SEPARATELY FROM PLFFS' CLAIMS AGAINST THE DEPT., OF PUBLIC WELFARE OF THE COMMONWEALTH OF PA., AND FEATHER O. HOUSTON (DPW DEFTS), TRIAL UPON PLFFS CLAIMS AGAINST DEFT DELAWARE COUNTY SHALL BE DEFERRED PENDING FURTHER ORDER OF THE COURT; AND TRIAL UPON PLFFS' CLAIMS AGAINST THE DPW DEFTS SHALL COMMENCE ON MONDAY, 5/11/98. ( SIGNED BY JUDGE RAYMOND J. BRODERICK ) 5/15/98 ENTERED AND COPIES MAILED AND FAXED 5/14/98. (sc) (Entered: 05/15/1998)

May 14, 1998

May 14, 1998

38

Minute entry: Civil Bench Trial (Day Two) Before The Honorable Raymond J. Broderick. Direct examination by Defendants of Robert Altenor Continues. Defendant's Counsel moves exhibits into evidence. Court receives evidence. Plaintiffs' counsel moves exhibits into evidence. Witness called and sworn. (dt) (Entered: 05/22/1998)

May 21, 1998

May 21, 1998

39

Minute entry: Civil Bench Trial (Day Three) Before The Honorable Raymond J. Broderick. Defendant requests a copy of the settlement agreement with Delaware County. Witness called and sworn. Defendants Counsel moves exhibits into evidence. Defendants' direct examination of Dr. Aiden altenor. Plaintiffs' counsel moves exhibits into evidence. Witness Kevin Casey called and sworn. (dt) (Entered: 05/22/1998)

May 21, 1998

May 21, 1998

40

Minute entry: Civil Bench Trial (Day Four) Before The Honorable Raymond J. Broderick. Plaintiff's Counsel moves exhibits into evidence. Witness called and sworn. Defendant's Counsel moves exhibits into evidence. etc. (dt) (Entered: 05/22/1998)

May 21, 1998

May 21, 1998

41

Minute entry: Civil Bench Trial (Day Five) Before The Honorable Raymond J. Broderick. Witness caslled and sworn. Defendants' Counsel moves exhibits into evidence. The court requests memoranda from the parties within one week, with a rebuttal allowed in three days. (dt) (Entered: 05/22/1998)

May 21, 1998

May 21, 1998

42

Post−Trial Memorandum of PLAINTIFF KATHLEEN S., PLAINTIFF BRUCE R., PLAINTIFF JAMES V., PLAINTIFF BRETT S., PLAINTIFF BERNARD, Certificate of Service. (rp) (Entered: 05/22/1998)

May 22, 1998

May 22, 1998

43

Post−Trial Memorandum of law by DEFENDANT DEPART. OF PUBLIC, DEFENDANT FEATHER O. HOUSTOUN, DEFENDANT COUNTY OF DELAWARE, DELAWARE CO MENTAL , Certificate of Service. (jl) (Entered: 05/26/1998)

May 22, 1998

May 22, 1998

44

MEMORANDUM AND ORDER THAT JUDGMENT IS ENTERED IN FAVOR OF THE PLFF CLASS AND AGAINST THE DEFTS THE DEPT. OF PUBLIC WELFARE OF THE COMMONWELATH OF PA. &FEATHER O. HOUSTOUN IN HER OFFICIAL CAPACITY AS SECRETARY OF PUBLIC WELFARE. THE DEPT OF PUBLIC WELFARE SHALL ASSURE THAT ALL CLASS MEMBERS IN SUBCLASS C ARE EVALUATED AN INDEPENDENT PSYCHIATRIST OR PSYCHOLOGIST ON OR BEFORE 12/31/98. THE DEPT OF PUBLIC WELFARE SHALL PROVIDE APPROPRIATE COMMUNITY SERVICES TO ALL CLASS MEMBERS IN SUBCLASS C FOR WHOM THE INDEPENDENT PSYCHIATRIST OR PSYCHOLOGIST DETERMINES THAT THE CLASS MEMBER IS APPROPRIATE, ETC. ON 1/1/99 AND ON THE FIRST OF EACH MONTH THEREAFTER, THE DEPT OF PUBLIC WELFARE SHALL FILE A REPORT WITH THE COURT WITH A COPY TO PLFFS' COUNSEL SETTING FORTH LIST OF THE CLASS MEMBERS OF SUBCLASS C WHO ARE RECEIVING APPROPRIATE TREATMENT IN THE COMMUNITY, ETC. PLFFS' COUNSEL SHALL HAVE ACCESS TO ALL RECORDS OF ALL CLASS MEMBERS THAT ARE IN THE POSSESSION, CUSTODY, OR CONTROL OF THE DEPT OF PUBLIC WELFARE. THE COURT SHALL RETAIN JURISDICTION OF THIS MATTER UNTIL FURTHER ORDER OF THE COURT. ( SIGNED BY JUDGE RAYMOND J. BRODERICK ) 6/26/98 ENTERED AND COPIES MAILED. (gn) Modified on 06/26/1998 (Entered: 06/26/1998)

June 26, 1998

June 26, 1998

45

JOINT MOTION by PLAINTIFF KATHLEEN S., PLAINTIFF BRUCE R., PLAINTIFF JAMES V., DEFENDANT COUNTY OF DELAWARE, DEFENDANT DELAWARE CO MENTAL, PLAINTIFF BRETT S., PLAINTIFF BERNARD S. FOR EXTENSION OF TIME IN WHICH PLAINTIFFS MAY FILE A MOTION FOR ATTORNEYS' FEES, LITIGATION EXPENSES, AND COSTS , CERTIFICATE OF SERVICE. (fe) (Entered: 07/06/1998)

July 2, 1998

July 2, 1998

47

Notice of appeal by DEFENDANT DEPART. OF PUBLIC, DEFENDANT FEATHER O. HOUSTOUN . Fee Status: paid . Copies to: JUDGE RAYMOND J. BRODERICK , Clerk USCA, Appeals Clerk, and MARK J. MURPHY, JILL M. SPECTOR, ROBERT W. MEEK, STEPHEN F. GOLD, PAUL D. MC NICHOL, FRANCIS X. CROWLEY, DANIEL FELLIN, Certificate of service (ph) (Entered: 07/06/1998)

July 2, 1998

July 2, 1998

48

Copy of Clerk's notice to USCA re: [47−1] appeal . (ph) (Entered: 07/06/1998)

July 2, 1998

July 2, 1998

Notice of Docketing ROA from USCA Re: [47−1] appeal USCA NUMBER: 98−1580 . 7/8/98 (cb) (Entered: 07/09/1998)

July 9, 1998

July 9, 1998

49

Copy of TPO form ref: [47−1] appeal . (mc) (Entered: 07/10/1998)

July 9, 1998

July 9, 1998

50

Memorandum of law by PLAINTIFF KATHLEEN S., PLAINTIFF BRUCE R., PLAINTIFF JAMES V., PLAINTIFF BRETT S., PLAINTIFF BERNARD S. , Certificate of Service. (fe) (Entered: 07/15/1998)

July 14, 1998

July 14, 1998

51

Transcript of hearing of 5/15/98. (mc) (Entered: 07/16/1998)

July 16, 1998

July 16, 1998

52

Transcript of hearing of 5/11/98. (mc) (Entered: 07/16/1998)

July 16, 1998

July 16, 1998

53

Transcript of hearing of 5/12/98. (mc) (Entered: 07/16/1998)

July 16, 1998

July 16, 1998

54

Transcript of hearing of 5/14/98. (mc) (Entered: 07/16/1998)

July 16, 1998

July 16, 1998

55

Transcript of hearing of 5/13/98. (mc) (Entered: 07/16/1998)

July 16, 1998

July 16, 1998

56

ORDERTHAT THE JOINT MOTION FOR EXTENSION OF TIME IN WHICH PLAINTIFFS MAY FILE A MOTION FOR ATTORNEYS' FEES, LITIGATION EXPENSES, AND COSTS IS GRANTED. PLFFS SHALL FILE ANY MOTION FOR ATTORNEYS' FEES, ETC. WITHIN 30 DAYS AFTER THE RESOLUTION OF ANY APPEAL ( SIGNED BY JUDGE RAYMOND J. BRODERICK ) 7/17/98 ENTERED AND COPIES MAILED AND FAXED BY CHAMBERS 7/15/98. (td) (Entered: 07/17/1998)

July 16, 1998

July 16, 1998

57

MEMORANDUM AND ORDER DENYING DEFENDANTS' MOTION TO STAY PENDING APPEAL ETC ( SIGNED BY JUDGE RAYMOND J. BRODERICK ) 7/31/98 ENTERED AND COPIES FAXED 7/30/98 . (ph) (Entered: 07/31/1998)

July 30, 1998

July 30, 1998

RECORD COMPLETE FOR PURPOSES OF APPEAL. (fdc) (Entered: 08/19/1998)

Aug. 19, 1998

Aug. 19, 1998

Case closed (kv) (Entered: 07/21/1999)

July 20, 1999

July 20, 1999

58

Certified copy of order from U.S.C.A., dated 10/25/99, re: The foregoing joint motion by the parties for a partial remand of the case to allow the District Court to consider approval of the Settlement Agreement with this Court to retain jurisdiction pending the District Court's deliberation of the Settlement Agreement is granted. (kw) (Entered: 10/25/1999)

Oct. 25, 1999

Oct. 25, 1999

59

PLAINTIFFS' UNOPPOSED MOTION FOR PRELIMINARY APPROVAL OF THE PROPOSED SETTLEMENT AGREEMENT AND FOR APPROVAL OF CLASS NOTICE , CERTIFICATE OF SERVICE. (fdc) (Entered: 10/27/1999)

Oct. 27, 1999

Oct. 27, 1999

60

ORDER THAT THE NOTICE OF HEARING AND PROPOSED CLASS ACTION SETTLEMENT, ATTACHED TO PLAINTIFF'S MOTION AS EXHIBIT D, IS APPROVED. A HEARING ON FINAL APPROVAL OF THE PROPOSED SETTLEMENT AGREEMENT IS HEREBY SCHEDULED FOR 12/14/99 AT 11:00 AM., ETC. ( SIGNED BY JUDGE RAYMOND J. BRODERICK ) 11/15/99 ENTERED AND COPIES MAILED AND FAXED. (fdc) (Entered: 11/15/1999)

Nov. 15, 1999

Nov. 15, 1999

61

PLAINTIFFS' MOTION FOR FINAL APPROVAL OF SETTLEMENT . (fdc) (Entered: 12/02/1999)

Dec. 2, 1999

Dec. 2, 1999

63

Exhibits to Plaintiff's Motion for Final Approval of proposed settlement agreement. (fdc) (Entered: 12/10/1999)

Dec. 10, 1999

Dec. 10, 1999

64

ORDER THAT THE HEARING ON THE FINAL APPROVAL OF THE PROPOSED SETTLEMENT AGREEMENT IN THE ABOVE−CAPTIONED CASE WILL BE HELD ON MONDAY 12/20/99 AT 11:00 AM. ( SIGNED BY JUDGE RAYMOND J. BRODERICK ) 12/13/99 ENTERED AND COPIES MAILED AND FAXED. (fdc) (Entered: 12/13/1999)

Dec. 13, 1999

Dec. 13, 1999

64

ORDER THAT THE HEARING ON THE FINAL APPROVAL OF THE PROPOSED SETTLEMENT AGREEMENT IN THE ABOVE−CAPTIONED CASE WILL BE HELD ON MONDAY, 12/20/99 AT 11:00 AM. ( SIGNED BY JUDGE RAYMOND J. BRODERICK ) 12/14/99 ENTERED AND COPIES MAILED AND FAXED. (fdc) (Entered: 12/14/1999)

Dec. 13, 1999

Dec. 13, 1999

65

STIPULATION AND ORDER THAT PLAINTIFFS AND DEFENDANT COUNTY OF DELAWARE, THROUGH THEIR COUNSEL, STIPULATE TO THE DISMISSAL OF ALL CLAIMS AGAINST DEFENDANT COUNTY OF DELAWARE. ( SIGNED BY JUDGE RAYMOND J. BRODERICK ) 12/21/99 ENTERED AND COPIES MAILED AND FAXED. (fdc) (Entered: 12/21/1999)

Dec. 20, 1999

Dec. 20, 1999

66

Minute entry: before Judge Broderick on 12/20/99 at 11:00 am. Hearing on Final Approval of Proposed Settlement. Court makes preliminary statement regarding the background of case. Defendants' counsel states that notice of hearing was delivered to all class members and certification of that notice was filed with the court. Plaintiffs' counsel makes statement regarding letters received from class members pertaining to the settlement. Raymond Huskins states that he wishes to testify. Witness Raymond Huskins is sworn in and testifies, etc. (fdc) (Entered: 12/21/1999)

Dec. 20, 1999

Dec. 20, 1999

67

MEMORANDUM AND ORDER THAT THE PROPOSED SETTLEMENT AGREEMENT FILED BY PLAINTIFFS ON 10/27/99 IS HEREBY APPROVED, PURSUANT TO FRCP 23(e) ( SIGNED BY JUDGE RAYMOND J. BRODERICK ) 12/23/99 ENTERED AND COPIES MAILED. (fdc) (Entered: 12/23/1999)

Dec. 23, 1999

Dec. 23, 1999

68

JOINT MOTION FOR EXTENSION OF TIME IN WHICH PLAINTIFFS MAY FILE A MOTION FOR ATTORNEYS' FEES, LITIGATION EXPENSES, AND COSTS , CERTIFICATE OF SERVICE. (fdc) (Entered: 01/06/2000)

Jan. 6, 2000

Jan. 6, 2000

69

Certified copy of order from USCA dated: 1/5/00. (fdc) (Entered: 01/06/2000)

Jan. 6, 2000

Jan. 6, 2000

70

ORDER THAT THE PLAINTIFFS' MOTION FOR ATTORNEYS' FEES LITIGATION EXPENSES, AND COSTS IS GRANTED. PLAINTIFFS SHALL FILE ANY MOTION FOR ATTORNEYS' FEES, LITIGATION EXPENSES, AND COSTS WITHIN THIRTY (30) DAYS FOLLOWING THE DISMISSAL OF THE LAWSUIT. ( SIGNED BY JUDGE RAYMOND J. BRODERICK ) 1/7/00 ENTERED AND COPIES MAILED AND FAXED. (fdc) (Entered: 01/07/2000)

Jan. 7, 2000

Jan. 7, 2000

Case Details

State / Territory: Pennsylvania

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Olmstead Cases

Key Dates

Filing Date: Oct. 27, 1997

Closing Date: 1999

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Five individuals with mental illness who were residents of a state-operated psychiatric hospital.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

NDRN/Protection & Advocacy Organizations

Steve Gold

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Commonwealth of Pennsylvania, State

Case Details

Causes of Action:

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

Availably Documents:

Trial Court Docket

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