Case: Richard C. v. Snider

2:89-cv-02038 | U.S. District Court for the Western District of Pennsylvania

Filed Date: Sept. 29, 1989

Closed Date: 1993

Clearinghouse coding complete

Case Summary

On September 29, 1989, a group of residents of Western Center, an intermediate care facility for persons with developmental disabilities, filed a lawsuit against the Commonwealth of Pennsylvania under 42 U.S.C. §§1396 et seq. and 1983 and 29 U.S.C. §794 in the U.S. District Court for the Western District of Pennsylvania. The plaintiffs, represented by public services counsel, asked the Court for declaratory and injunctive relief, alleging that defendants had failed to maintain and operate West…

On September 29, 1989, a group of residents of Western Center, an intermediate care facility for persons with developmental disabilities, filed a lawsuit against the Commonwealth of Pennsylvania under 42 U.S.C. §§1396 et seq. and 1983 and 29 U.S.C. §794 in the U.S. District Court for the Western District of Pennsylvania. The plaintiffs, represented by public services counsel, asked the Court for declaratory and injunctive relief, alleging that defendants had failed to maintain and operate Western Center in accordance with applicable standards and to provide residents with appropriate care and treatment; failed to keep residents free from harm and undue restraints; and discriminated against residents on the basis of their disability.

On November 29, 1991, the Court granted Allegheny County's motion to intervene as a plaintiff on the ground that about 60% of Western Center residents resided in the County before being institutionalized.

On February 21, 1921, the Court granted the plaintiffs' motion for class certification.

On September 10, 1992, after lengthy negotiations, the original plaintiffs and defendants signed a Settlement Agreement. On February 3, 1993, defendants and Allegheny County signed the Settlement Agreement.

On October 7, 1992, the Court granted some institutions and natural persons to intervene as plaintiffs. The opposing intervenors, opposing the settlement, filed a Statement Concerning Class Certification/Decertification on February 3, 1993.

On June 22, 1993, the Court (Judge William L. Standish) confirmed its preliminary certification of the class and approved the settlement agreement.

Following settlement, Western Center residents falling within the certified class and their family members or legal guardians filed separate motions to intervene as of right. On September 29, 1999, the Court (Judge Standish) held that the Olmstead decision did not provide a basis for family members' intervention and that the residents' motion to intervene was untimely.

Summary Authors

Kunyi Zhang (3/4/2011)

People


Judge(s)

Standish, William Lloyd (Pennsylvania)

Attorneys(s) for Plaintiff

Murphy, Mark J. (Pennsylvania)

Shane, Ilene W. (Pennsylvania)

Attorneys(s) for Defendant

Elias, Paul J. (Pennsylvania)

Gesalman, R. Mark (Pennsylvania)

Halloran, Thomas F. (Pennsylvania)

Lucchino, Frank J. (Pennsylvania)

Manne, Jason W. (Pennsylvania)

Ulan, Howard (Pennsylvania)

Other Attorney(s)

Active

Judge(s)

Standish, William Lloyd (Pennsylvania)

Attorneys(s) for Plaintiff

Murphy, Mark J. (Pennsylvania)

Shane, Ilene W. (Pennsylvania)

Attorneys(s) for Defendant

Elias, Paul J. (Pennsylvania)

Gesalman, R. Mark (Pennsylvania)

Halloran, Thomas F. (Pennsylvania)

Lucchino, Frank J. (Pennsylvania)

Manne, Jason W. (Pennsylvania)

Ulan, Howard (Pennsylvania)

Other Attorney(s)

Dodaro, James J. (Pennsylvania)

Pawol, Timothy W. (Pennsylvania)

Silvestri, John M (Pennsylvania)

Documents in the Clearinghouse

Document

2:89-cv-02038

Docket

Feb. 23, 2000

Feb. 23, 2000

Docket
232

2:89-cv-02038

Order (Confirming Class Certification and Approving Settlement)

1993 WL 757634

June 22, 1993

June 22, 1993

Order/Opinion
270

2:89-cv-02038

Memorandum (Motion to Intervene Denied)

196 F.R.D. 288

Sept. 29, 1999

Sept. 29, 1999

Order/Opinion

Resources

Docket

Last updated Aug. 9, 2022, 3:08 a.m.

ECF Number Description Date Link Date / Link
4

MOTION by RICHARD C., MARK LUNZ, JOHN C. LUNZ III, WAYNE LUNZ, PA PROTECTION, ASSOC FOR RETARDED/P, ASSOC FOR RETARDED/A, LARRY HARRIS, MICHAEL CARUSO, DAVID GARRIS for class Certification with Proposed Order. (femp) (Entered: 12/23/1992)

Dec. 22, 1989

Dec. 22, 1989

104

ORDER, Hearing on the Issues Indicated in this Order set for 2/24/93 at 9:30 a.m. (See order for additional information, and set Status Conference for 4:00 2/8/93 ( signed by Judge William L. Standish on 10/29/92 ) CM all parties of record. (lck) (Entered: 12/21/1992)

Oct. 29, 1992

Oct. 29, 1992

105

MOTION by JOHN F. WHITE JR., STEVEN M. EIDELMAN, ERIC M. BOST for telephone Deposition with Proposed Order. (femp) (Entered: 12/07/1992)

Dec. 7, 1992

Dec. 7, 1992

106

BRIEF by JOHN F. WHITE JR., STEVEN M. EIDELMAN, ERIC M. BOST in support of [105−1] motion for telephone Deposition by ERIC M. BOST, STEVEN M. EIDELMAN, JOHN F. WHITE JR. (femp) (Entered: 12/07/1992)

Dec. 7, 1992

Dec. 7, 1992

107

ORDER, Motion Hearing set for 9:30 12/11/92 for [105−1] motion for telephone Deposition ( signed by Judge William L. Standish on 12/8/92 ) CM all parties of record. (femp) (Entered: 12/09/1992)

Dec. 8, 1992

Dec. 8, 1992

108

RESPONSE by WESTERN CENTER BOARD, WESTERN CNTR PARENTS, LEE NOCK, CECELIA WRANA to [105−1] motion for telephone Deposition by ERIC M. BOST, STEVEN M. EIDELMAN, JOHN F. WHITE JR. (femp) (Entered: 12/14/1992)

Dec. 10, 1992

Dec. 10, 1992

109

NOTICE TO COUNSEL THAT Status Conference set for 4:30 12/17/92 before Judge Standish. (femp) (Entered: 12/14/1992)

Dec. 14, 1992

Dec. 14, 1992

110

Hearing on Motion held 12/14/92 before Judge Standish re: [105−1] motion for telephone Deposition by ERIC M. BOST, STEVEN M. EIDELMAN, JOHN F. WHITE JR. [ Reporter: W. STRUBLE] (femp) (Entered: 12/15/1992)

Dec. 15, 1992

Dec. 15, 1992

111

Status Conference held 12/17/92 before Judge Standish. [ Reporter: W.STRUBLE ] (femp) (Entered: 12/18/1992)

Dec. 18, 1992

Dec. 18, 1992

112

MOTION by RICHARD C., MARK LUNZ, JOHN C. LUNZ III, WAYNE LUNZ, PA PROTECTION, ASSOC FOR RETARDED/P, ASSOC FOR RETARDED/A, LARRY HARRIS, MICHAEL CARUSO, DAVID GARRIS for approval of proposed notice of hearing and proposed settlement agreement with Proposed Order. (femp) (Entered: 12/22/1992)

Dec. 22, 1992

Dec. 22, 1992

113

ORDER, approving notice of Hearing on Class Certification to discuss proposed settlement agreement Motion Hearing set for 9:30 2/24/93 for [4−1] motion for class Certification ( signed by Judge William L. Standish on 12/22/92 ) CM all parties of record. (femp) (Entered: 12/23/1992)

Dec. 23, 1992

Dec. 23, 1992

ORDER upon motion granting [112−1] motion for approval of proposed notice of hearing and proposed settlement agreement pltfs shall serve via hand delivery or first class mail a copy of the approved notice on all class members and a parent, family member, or guardian for all class members, to the extent that such persons exist, no later than 1/4/93. ( signed by Judge William L. Standish on 12/22/92 ) CM all parties of record. (femp) (Entered: 12/23/1992)

Dec. 23, 1992

Dec. 23, 1992

114

MOTION by RICHARD C., MARK LUNZ, JOHN C. LUNZ III, WAYNE LUNZ, PA PROTECTION, ASSOC FOR RETARDED/P, ASSOC FOR RETARDED/A, LARRY HARRIS, MICHAEL CARUSO, DAVID GARRIS to Amend and

Jan. 11, 1993

Jan. 11, 1993

116

MOTION by RICHARD C., MARK LUNZ, JOHN C. LUNZ III, WAYNE LUNZ, PA PROTECTION, ASSOC FOR RETARDED/P, ASSOC FOR RETARDED/A, LARRY HARRIS, MICHAEL CARUSO, DAVID GARRIS To Permit Expert Depositions After Filing of Expert Reports with Proposed Order. (rvb) (Entered: 01/12/1993)

Jan. 12, 1993

Jan. 12, 1993

117

ORDER, Brief in Opposition set to 1/27/93 for [114−1] motion to Amend and supplement the complaint ( signed by Judge William L. Standish on 1/12/93 ) CM all parties of record. (lck) (Entered: 01/12/1993)

Jan. 12, 1993

Jan. 12, 1993

ORDER upon motion granting [116−1] motion To Permit Expert Depositions After Filing of Expert Reports. The parties shall be permitted to conduct the depositions of experts expected to testify at the 2/24/93 hearing during the period of 2/2/93 through 2/12/93. ( signed by Judge William L. Standish on 1/14/93 ) CM all parties of record. (lck) (Entered: 01/14/1993)

Jan. 14, 1993

Jan. 14, 1993

118

NOTICE TO COUNSEL that a Status Conference set for 9:30 2/18/93 before Judge Standish. (femp) (Entered: 01/26/1993)

Jan. 25, 1993

Jan. 25, 1993

119

ORDER denying [114−1] motion to Amend and supplement the complaint ( signed by Judge William L. Standish on 1/28/93 ) CM all parties of record. (femp) (Entered: 01/29/1993)

Jan. 29, 1993

Jan. 29, 1993

120

ORDER, that the caption in this case is amended to conform to the caption set forth above in said order. ( signed by Judge William L. Standish on 1/28/93 ) CM all parties of record. (femp) (Entered: 01/29/1993)

Jan. 29, 1993

Jan. 29, 1993

121

MOTION by RICHARD C. to impose conditions of pltfs−Intervenors pursuant to Rule 23 (d) with Proposed Order. (femp) (Entered: 02/04/1993)

Feb. 4, 1993

Feb. 4, 1993

122

MEMORANDUM by RICHARD C. in support of [121−1] motion to impose conditions of pltfs−Intervenors pursuant to Rule 23 (d) by RICHARD C. (femp) (Entered: 02/04/1993)

Feb. 4, 1993

Feb. 4, 1993

123

MOTION by RICHARD C. to Confirm Class Certification with Proposed Order. (femp) (Entered: 02/04/1993)

Feb. 4, 1993

Feb. 4, 1993

124

STATEMENT CONCERNING Class Certification/Decertification by the Intervening Pltfs. (femp) (Entered: 02/05/1993)

Feb. 5, 1993

Feb. 5, 1993

125

OBJECTION TO THE Proposed Settlement by Intervening pltfs. (femp) (Entered: 02/05/1993)

Feb. 5, 1993

Feb. 5, 1993

126

BRIEF by RICHARD C. in support of [112−1] motion for approval of proposed notice of hearing and proposed settlement agreement by plaintiff (femp) (Entered: 02/08/1993)

Feb. 8, 1993

Feb. 8, 1993

127

MEMORANDUM OF LAW in opposition to Class decertification by pltfs. (femp) (Entered: 02/08/1993)

Feb. 8, 1993

Feb. 8, 1993

128

BRIEF by KAREN F. SNIDER in support of [112−1] motion for approval of proposed notice of hearing and proposed settlement agreement by plaintiff (femp) (Entered: 02/08/1993)

Feb. 8, 1993

Feb. 8, 1993

129

BRIEF by ALLEGHENY COUNTY in support of [112−1] motion for approval of proposed notice of hearing and proposed settlement agreement by plaintiff (femp) (Entered: 02/08/1993)

Feb. 8, 1993

Feb. 8, 1993

130

Status Conference held before Judge Standish on 2/8/93. [ Reporter: W.STRUBLE ] (femp) (Entered: 02/09/1993)

Feb. 9, 1993

Feb. 9, 1993

132

AFFIDAVIT by RICHARD C.'s counsel to demonstrate compliance with court orders regarding notice to the class. (femp) (Entered: 02/22/1993)

Feb. 22, 1993

Feb. 22, 1993

133

MOTION by RICHARD C. for Leave to File Appendix to settlement agreement under seal with Proposed Order. (femp) (Entered: 03/01/1993)

March 1, 1993

March 1, 1993

ORDER upon motion granting [133−1] motion for Leave to File Appendix to settlement agreement under seal. Appendix C to the Settlement Agreement shall be filed under seal with the Clerk of Courts and shall remain sealed for a period of 5 years from the date of this order or until further order of this court. ( signed by Judge William L. Standish on 3/2/93 ) CM all parties of record. (femp) (Entered: 03/03/1993)

March 3, 1993

March 3, 1993

134

APPENDIX C to settlement agreement. (SEALED DOCUMENT). (femp) (Entered: 03/08/1993)

March 8, 1993

March 8, 1993

135

MOTION by WESTERN CENTER BOARD, WESTERN CNTR PARENTS, LEE NOCK, CECELIA WRANA for Reconsideration of ruling excluding testimony of Spare with Proposed Order. (femp) (Entered: 03/11/1993)

March 11, 1993

March 11, 1993

136

SUPPLEMENT TO motion for reconsideration of ruling excluding testimony of spare. by pltf−intervenors. (femp) (Entered: 03/15/1993)

March 15, 1993

March 15, 1993

137

Settlement/Class Decertificaiton Conference held 2/24/93, 2/25/93, 3/3/93, 3/4/93, 3/8/93, 3/9/93, 3/11/93 and concluded 3/15/93 C.A.V. before Judge Standish. Witness List Attached. [ Reporter: W.STRUBLE ] (femp) (Entered: 03/16/1993)

March 16, 1993

March 16, 1993

138

Proposed Findings of Fact and Conclusions of Law by RICHARD C., KAREN F. SNIDER, ALLEGHENY COUNTY, WESTERN CENTER BOARD, WESTERN CNTR PARENTS, LEE NOCK, CECELIA WRANA in support of approval of the settlement agreement. (femp) (Entered: 03/22/1993)

March 22, 1993

March 22, 1993

139

Proposed Findings of Fact and Conclusions of Law by WESTERN CENTER BOARD, WESTERN CNTR PARENTS, LEE NOCK, CECELIA WRANA relevant to class decertificaiton/certification (femp) (Entered: 03/24/1993)

March 24, 1993

March 24, 1993

140

Proposed Findings of Fact and Conclusions of Law by RICHARD C., KAREN F. SNIDER, ALLEGHENY COUNTY in opposition to class decertification. (femp) (Entered: 03/31/1993)

March 31, 1993

March 31, 1993

141

Proposed Findings of Fact and Conclusions of Law relevant to the proposed settlement agreement by WESTERN CENTER BOARD, WESTERN CNTR PARENTS, LEE NOCK, CECELIA WRANA (femp) (Entered: 04/01/1993)

April 1, 1993

April 1, 1993

142

POST−HEARING Submission of Western Center Board of Trustees, Western Center Parents Group, Lee Nock and Cecelia Wrana. (femp) (Entered: 04/05/1993)

April 5, 1993

April 5, 1993

143

ADJUDICATION AND ORDER that this court's order dated 2/21/92 certifying the above case as a class action under F.R.C.P. 23(b) is Confirmed. The settlement agreement entered into by pltfs, the Pennsylvania Dept of Public Welfare and Allegheny County, and signed by counsel for those parties, is fair, adequate and reasonable. The agreement is, accordingly, approved. ( signed by Judge William L. Standish on 6/22/93 ) CM all parties of record. NOTICES MAILED. (femp) (Entered: 06/22/1993)

June 22, 1993

June 22, 1993

Case closed (femp) (Entered: 06/22/1993)

June 22, 1993

June 22, 1993

144

MOTION by WESTERN CENTER BOARD, WESTERN CNTR PARENTS, LEE NOCK, CECELIA WRANA to Amend or make additional findings, to alter or amend [143−1] order , or, in the alternative for New Trial with respect to Order dated 6/22/93 . (tt) (Entered: 07/02/1993)

July 1, 1993

July 1, 1993

145

MOTION by RICHARD C., MARK LUNZ, JOHN C. LUNZ III, WAYNE LUNZ, PA PROTECTION, ASSOC FOR RETARDED/P, ASSOC FOR RETARDED/A, LARRY HARRIS, MICHAEL CARUSO, DAVID GARRIS for Attorney Fees and costs with Proposed Order. (tt) (Entered: 07/02/1993)

July 1, 1993

July 1, 1993

ORDER upon motion granting [145−1] motion for Attorney Fees and costs ( signed by Judge William L. Standish on 7/6/93 ) CM all parties of record. (jhi) (Entered: 07/07/1993)

July 7, 1993

July 7, 1993

147

NOTICE OF APPEAL by WESTERN CENTER BOARD, WESTERN CNTR PARENTS from [146−1] order dated 7/7/93 , FEE PAID $105.00 RECEIPT # 1299322 TPO issued. (jhi) (Entered: 08/04/1993)

Aug. 4, 1993

Aug. 4, 1993

Certified copy of Notice of Appeal [147−1] appeal by WESTERN CNTR PARENTS, WESTERN CENTER BOARD , certified copy of docket, certified copy of order dated 7/7/93 mailed to USCA; copy of Notice of Appeal and information sheet to RICHARD C., MARK LUNZ, JOHN C. LUNZ III, WAYNE LUNZ, PA PROTECTION, ASSOC FOR RETARDED/P, ASSOC FOR RETARDED/A, LARRY HARRIS, MICHAEL CARUSO, DAVID GARRIS, KAREN F. SNIDER, STEVEN M. EIDELMAN, ERIC M. BOST, ALLEGHENY COUNTY, LEE NOCK, CECELIA WRANA , court reporter(s), and judge. Copy of information sheet to appellant. (jhi) (Entered: 08/04/1993)

Aug. 4, 1993

Aug. 4, 1993

NOTICE of Docketing ROA from USCA Re: [147−1] appeal by WESTERN CNTR PARENTS, WESTERN CENTER BOARD USCA Number: 93−3389 (femp) (Entered: 08/13/1993)

Aug. 13, 1993

Aug. 13, 1993

148

MOTION by WESTERN CENTER BOARD to Proceed in Forma Pauperis for appeal , to Proceed in Forma Pauperis with Proposed Order. (jhi) (Entered: 09/02/1993)

Sept. 2, 1993

Sept. 2, 1993

149

Transcript Purchase order re: [147−1] appeal by WESTERN CNTR PARENTS, WESTERN CENTER BOARD , ordering transcript of trial , no dates given. (jhi) (Entered: 09/02/1993)

Sept. 2, 1993

Sept. 2, 1993

150

MOTION by RICHARD C., MARK LUNZ, JOHN C. LUNZ III, WAYNE LUNZ, PA PROTECTION, ASSOC FOR RETARDED/P, ASSOC FOR RETARDED/A, LARRY HARRIS, MICHAEL CARUSO, DAVID GARRIS to Extend Time to file information concerningh attorney fees with Proposed Order. (jhi) (Entered: 09/02/1993)

Sept. 2, 1993

Sept. 2, 1993

ORDER upon motion granting [150−1] motion to Extend Time to file information concerningh attorney fees ( signed by Judge William L. Standish on 9/2/93 ) CM all parties of record. (jhi) (Entered: 09/03/1993)

Sept. 3, 1993

Sept. 3, 1993

151

ORDER, Response to Motion reset to 9/20/93 for [148−1] motion to Proceed in Forma Pauperis for appeal, reset to 9/20/93 for [148−2] motion to Proceed in Forma Pauperis ( signed by Judge William L. Standish on 9/3/93 ) CM all parties of record. (jhi) (Entered: 09/07/1993)

Sept. 7, 1993

Sept. 7, 1993

152

CC ORDER FROM USCA, APPEAL IS DISMISSED FOR FAILURE TO ORDER TRANSCRIPT, ISSUED AS MANDATE FORTHWITH. (jhi) Modified on 10/14/1993 (Entered: 09/07/1993)

Sept. 7, 1993

Sept. 7, 1993

153

JOINT RESPONSE by RICHARD C., MARK LUNZ, JOHN C. LUNZ III, WAYNE LUNZ, PA PROTECTION, ASSOC FOR RETARDED/P, ASSOC FOR RETARDED/A, LARRY HARRIS, MICHAEL CARUSO, DAVID GARRIS, KAREN F. SNIDER, STEVEN M. EIDELMAN, ERIC M. BOST, ALLEGHENY COUNTY, WESTERN CENTER BOARD, WESTERN CNTR PARENTS, LEE NOCK, CECELIA WRANA to [148−1] motion to Proceed in Forma Pauperis for appeal by WESTERN CENTER BOARD, [148−2] motion to Proceed in Forma Pauperis by WESTERN CENTER BOARD (jhi) (Entered: 09/17/1993)

Sept. 17, 1993

Sept. 17, 1993

154

RESPONSE by ALLEGHENY COUNTY to [148−1] motion to Proceed in Forma Pauperis for appeal by WESTERN CENTER BOARD (jhi) (Entered: 09/21/1993)

Sept. 21, 1993

Sept. 21, 1993

155

ORDER denying [148−1] motion to Proceed in Forma Pauperis for appeal, denying [148−2] motion to Proceed in Forma Pauperis ( signed by Judge William

Sept. 22, 1993

Sept. 22, 1993

157

MOTION by LEE NOCK to Proceed in Forma Pauperis on appeal with Proposed Order. (jhi) (Entered: 10/04/1993)

Oct. 4, 1993

Oct. 4, 1993

158

JOINT RESPONSE by RICHARD C. and DEFENDANTS to [157−1] motion to Proceed in Forma Pauperis on appeal by LEE NOCK (jhi) (Entered: 10/08/1993)

Oct. 8, 1993

Oct. 8, 1993

159

ORDER denying [157−1] motion to Proceed in Forma Pauperis on appeal ( signed by Judge William L. Standish on 10/14/93 ) CM all parties of record. (jhi) (Entered: 10/14/1993)

Oct. 14, 1993

Oct. 14, 1993

160

Transcript Purchase order re: ordering trnascript, no date given. (jhi) (Entered: 10/14/1993)

Oct. 14, 1993

Oct. 14, 1993

161

Transcript Purchase order re: ordering transcript, no dates given. (jhi) (Entered: 10/14/1993)

Oct. 14, 1993

Oct. 14, 1993

162

LETTER to Judge from Mark Murphy,Esq (jhi) (Entered: 10/14/1993)

Oct. 14, 1993

Oct. 14, 1993

163

TRANSCRIPT for dates of 3/3/93. Court Reporter: S.Perry. (jhi) (Entered: 11/01/1993)

Nov. 1, 1993

Nov. 1, 1993

164

TRANSCRIPT for dates of 2/24/93. Court Reporter: John Struble (jhi) Modified on 11/23/1993 (Entered: 11/23/1993)

Nov. 23, 1993

Nov. 23, 1993

165

TRANSCRIPT for dates of 2/25/93. Court Reporter: John Struble. (jhi) (Entered: 11/23/1993)

Nov. 23, 1993

Nov. 23, 1993

166

TRANSCRIPT for dates of 3/4/93. Court Reporter: John Struble. (jhi) (Entered: 11/23/1993)

Nov. 23, 1993

Nov. 23, 1993

167

TRANSCRIPT for dates of 3/8/93. Court Reporter: John Struble. (jhi) (Entered: 11/23/1993)

Nov. 23, 1993

Nov. 23, 1993

168

TRANSCRIPT for dates of 3/9/93. Court Reporter: John Struble. (jhi) (Entered: 11/23/1993)

Nov. 23, 1993

Nov. 23, 1993

169

TRANSCRIPT for dates of 3/11/93. Court Reporter: John Struble. (jhi) (Entered: 11/23/1993)

Nov. 23, 1993

Nov. 23, 1993

170

TRANSCRIPT for dates of 3/15/93. Court Reporter: John Struble. (jhi) (Entered: 11/23/1993)

Nov. 23, 1993

Nov. 23, 1993

CERTIFIED LIST TO USCA w/ Receipt (jhi) (Entered: 11/23/1993)

Nov. 23, 1993

Nov. 23, 1993

171

MOTION by RICHARD C. to suspend consideration of motion for attorney fees and costs with Proposed Order. (jhi) (Entered: 11/30/1993)

Nov. 30, 1993

Nov. 30, 1993

ORDER upon motion granting [171−1] motion to suspend consideration of motion for attorney fees and costs, Set to Motion to withdraw Filing deadline to 12/13/93 ( signed by Judge William L. Standish on 12/1/93 ) CM all parties of record. (jhi) (Entered: 12/01/1993)

Dec. 1, 1993

Dec. 1, 1993

RECEIPT for certified list received from the USCA re: appeal at No. 93−3389. (tt) (Entered: 12/06/1993)

Dec. 6, 1993

Dec. 6, 1993

172

TRANSCRIPT for dates of 3/3/93. Court Reporter: Shirly Perry. (jhi) (Entered: 02/07/1994)

Feb. 7, 1994

Feb. 7, 1994

173

TRANSCRIPT for dates of 3/3/93. Court Reporter: Shirly Perry. (jhi) (Entered: 02/07/1994)

Feb. 7, 1994

Feb. 7, 1994

174

MOTION by RICHARD C. to Withdraw [145−1] motion for Attorney Fees and costs by plaintiff with Proposed Order. (rvb) (Entered: 02/22/1994)

Feb. 22, 1994

Feb. 22, 1994

ORDER upon motion granting [174−1] motion to Withdraw [145−1] motion for Attorney Fees and costs by plaintiff ( signed by Judge William L. Standish on

Feb. 22, 1994

Feb. 22, 1994

176

MOTION by RICHARD C. to Withdraw [175−1] motion to enforce settlement agreement by plaintiff with Proposed Order. (jhi) (Entered: 03/22/1994)

March 22, 1994

March 22, 1994

ORDER upon motion granting [176−1] motion to Withdraw [175−1] motion to enforce settlement agreement by plaintiff ( signed by Judge William L. Standish on 3/28/94 ) CM all parties of record. (jhi) (Entered: 03/28/1994)

March 28, 1994

March 28, 1994

177

MOTION by RICHARD C. to enforce Settlement with Proposed Order. (jhi) (Entered: 06/27/1994)

June 27, 1994

June 27, 1994

178

ORDER, Response to Motion reset to 7/13/94 for [177−1] motion to enforce Settlement ( signed by Judge Donald J. Lee for Judge Standish on 6/29/94 ) CM all parties of record. (jhi) (Entered: 06/29/1994)

June 29, 1994

June 29, 1994

179

RESPONSE by KAREN F. SNIDER to [177−1] motion to enforce Settlement by RICHARD C. (jhi) (Entered: 07/13/1994)

July 13, 1994

July 13, 1994

180

BRIEF by KAREN F. SNIDER in support of [179−1] motion response by KAREN F. SNIDER (jhi) (Entered: 07/13/1994)

July 13, 1994

July 13, 1994

181

PARENTS JOINDER of plaintiff's motion to enforce terms of settlement agreement and parents motion to enforce terms of settlment agreement. (jhi) (Entered: 07/14/1994)

July 14, 1994

July 14, 1994

182

MOTION by KAREN F. SNIDER, STEVEN M. EIDELMAN, ERIC M. BOST to Strike , and Motion to enforce settlement agreement with Proposed Order. (jhi) (Entered: 07/27/1994)

July 27, 1994

July 27, 1994

183

RESPONSE by WESTERN CENTER BOARD, WESTERN CNTR PARENTS to [182−1] motion to Strike by ERIC M. BOST, STEVEN M. EIDELMAN, KAREN F. SNIDER, [182−2] motion Motion to enforce settlement agreement by ERIC M. BOST, STEVEN M. EIDELMAN, KAREN F. SNIDER (jhi) (Entered: 08/01/1994)

Aug. 1, 1994

Aug. 1, 1994

184

AMENDMENT by KAREN F. SNIDER to deft's [179−1] response to pltfs' motion to enforce terms of settlement agreement; and to deft's [180−1] brief in opposition to pltfs' motion to enforce terms of settlement agreement; and to deft's [182−1] motion to Strike parents' joinder of pltfs' motion to enforce terms of settlement agreement, and parents' motion to enforce terms of settlement agreement. (tt) (Entered: 08/08/1994)

Aug. 8, 1994

Aug. 8, 1994

185

NOTICE,Status Conference set for 4:15 9/2/94 (jhi) (Entered: 08/18/1994)

Aug. 18, 1994

Aug. 18, 1994

186

RESPONSE by WESTERN CENTER BOARD, WESTERN CNTR PARENTS to PPREquest for information (jhi) (Entered: 08/19/1994)

Aug. 19, 1994

Aug. 19, 1994

187

Status Conference held 9/2/94 before Judge William L. Standish [ Reporter: William Weber ] (jhi) (Entered: 09/07/1994)

Sept. 6, 1994

Sept. 6, 1994

188

ORDER denying [182−1] motion to Strike, Set Pretrial Order Deadlines: Discovery cutoff on 12/2/94 ; , Set Motion Filing deadline to 1/6/95 , Response to Motion due 2/5/95 ( signed by Judge William L. Standish on 9/6/94 ) CM all parties of record. (jhi) (Entered: 09/07/1994)

Sept. 6, 1994

Sept. 6, 1994

189

MOTION by KAREN F. SNIDER, STEVEN M. EIDELMAN, ERIC M. BOST to Extend Time to respond to parents motion to enforce terms of settlement agreement with Proposed Order. (jhi) (Entered: 09/22/1994)

Sept. 22, 1994

Sept. 22, 1994

ORDER upon motion granting [189−1] motion to Extend Time to respond to parents motion to enforce terms of settlement agreement, Response to Motion set to 10/6/94 for [182−2] motion Motion to enforce settlement agreement ( signed by Judge William L. Standish on 9/23/94 ) CM all parties of record. (jhi) (Entered:

Sept. 26, 1994

Sept. 26, 1994

191

Information sheet from USCA. Order was filed 9/28/94 denying petition for rehearing. (jhi) (Entered: 10/07/1994)

Oct. 7, 1994

Oct. 7, 1994

192

Certified copy of JUDGMENT issued in lieu of a formal mandate received from USCA re: [0−0] appeal , Judgment of District Court is Affirmed , issued as mandate 10/6/94; Costs taxed against Appellant for $198.00 (jhi) (Entered: 10/11/1994)

Oct. 11, 1994

Oct. 11, 1994

193

MOTION by ALLEGHENY COUNTY to Compel discovery with Proposed Order. (jhi) (Entered: 10/20/1994)

Oct. 20, 1994

Oct. 20, 1994

194

ORDER, Motion Hearing set for 9:30 11/18/94 for [193−1] motion to Compel discovery ( signed by Judge William L. Standish on 10/24/94 ) CM all parties of record. (jhi) (Entered: 10/24/1994)

Oct. 24, 1994

Oct. 24, 1994

Case Details

State / Territory: Pennsylvania

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Olmstead Cases

Key Dates

Filing Date: Sept. 29, 1989

Closing Date: 1993

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A group of residents in one state-operated psychiatric hospital.

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

Commonwealth of Pennsylvania, State

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Due Process: Substantive Due Process

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

Issues

Benefit Source:

Medicaid