Case: Pennsylvania Protection and Advocacy, Inc. v. Pennsylvania Department of Public Welfare

1:00-cv-01582 | U.S. District Court for the Middle District of Pennsylvania

Filed Date: Sept. 6, 2000

Closed Date: 2005

Clearinghouse coding complete

Case Summary

On September 6, 2000, a nonprofit organization charged with protecting the rights of institutionalized Pennsylvanians filed a lawsuit against the Commonwealth of Pennsylvania under Title XIX of the Social Security Act, the Rehabilitation Act and Title II of the Americans with Disabilities Act in the U.S. District Court for the Middle District of Pennsylvania. The plaintiff, represented by public services counsel, asked the Court for declaratory and injunctive relief, alleging that the defend…

On September 6, 2000, a nonprofit organization charged with protecting the rights of institutionalized Pennsylvanians filed a lawsuit against the Commonwealth of Pennsylvania under Title XIX of the Social Security Act, the Rehabilitation Act and Title II of the Americans with Disabilities Act in the U.S. District Court for the Middle District of Pennsylvania. The plaintiff, represented by public services counsel, asked the Court for declaratory and injunctive relief, alleging that the defendants failed to comply with the integration mandates of those acts by not providing community-based living programs for the residents of South Mountain Restoration Center (SMRC), a state-run nursing facility.

In January and February 2002, the parties filed cross-motions for summary judgment. On January 15, 2003, the Court (Judge William W. Caldwell) issued a Memorandum and Order granting defendants' summary judgment and denying plaintiff the same. The Court held that granting the plaintiff relief would require a fundamental alteration of the state's programs, and thus it was shielded from liability by the "fundamental alteration" exception to the integration mandate described in Olmstead.

The plaintiff appealed, and on March 24, 2005, the Third Circuit (Judge Thomas Ambro) vacated the District Court's order and remanded the case.

On December 23, 2005, the parties reached a settlement agreement and moved the Court to place the case in civil suspense pending implementation of the Agreement.

On October 3, 2008, the case was dismissed pursuant to the parties' stipulation.

Summary Authors

Kunyi Zhang (3/5/2011)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/11560333/parties/pennsylvania-protect-v-pa-dept-of-public/


Judge(s)

Ambro, Thomas L. (Delaware)

Caldwell, William W. (Pennsylvania)

Attorneys(s) for Plaintiff

Horowitz, Carol (Pennsylvania)

Meek, Robert W. (Pennsylvania)

Murphy, Mark J. (Pennsylvania)

Resnick, Robin (Pennsylvania)

Attorneys(s) for Defendant

Blazusiak, Thomas (Pennsylvania)

Forney, Susan J. (Pennsylvania)

Harvey, Michael L. (Pennsylvania)

Kane, John A. (Pennsylvania)

Judge(s)

Ambro, Thomas L. (Delaware)

Caldwell, William W. (Pennsylvania)

Attorneys(s) for Plaintiff

Horowitz, Carol (Pennsylvania)

Meek, Robert W. (Pennsylvania)

Murphy, Mark J. (Pennsylvania)

Resnick, Robin (Pennsylvania)

Attorneys(s) for Defendant

Blazusiak, Thomas (Pennsylvania)

Forney, Susan J. (Pennsylvania)

Harvey, Michael L. (Pennsylvania)

Kane, John A. (Pennsylvania)

Ulan, Howard (Pennsylvania)

Documents in the Clearinghouse

Document

Docket

May 26, 2009 Docket
112

Memorandum (Summary Judgment in favor of Defendants on ADA, RA and Title XIX Claims)

243 F.Supp.2d 184

Jan. 15, 2003 Order/Opinion

3rd Circuit Opinion

U. S. Court of Appeals for the Third Circuit

402 F.3d 374

March 24, 2005 Order/Opinion
124

Stipulation

Dec. 23, 2005 Settlement Agreement

Resources

Title Description External URL

Docket

See docket on RECAP: https://www.courtlistener.com/docket/11560333/pennsylvania-protect-v-pa-dept-of-public/

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT - protection of the disabled. Receipt #: 333 81012 Amt: $150.00 (rm) (Entered: 09/06/2000)

Sept. 6, 2000 PACER

SUMMONS ISSUED as to defendant PA Dept. of Public, defendant Feather O. Houstoun, defendant Charles G. Curie, defendant S. Reeves Power (rm)

Sept. 6, 2000 PACER
2

LETTER - dtd. 9/13/00 to counsel from court re: case mgmt. & procedure. (am) (Entered: 09/13/2000)

Sept. 13, 2000 PACER
3

RETURN OF SERVICE executed upon defendant S. Reeves Power 9/18/00 by personal service. (pm) (Entered: 09/29/2000)

Sept. 28, 2000 PACER
4

MOTION by defendants to extend time to respond to the complaint by 45 days or until 11/17/00 ; with cert. of non-conc., exh., c/s and propo. (sc) (Entered: 10/02/2000)

Sept. 29, 2000 PACER
5

RESPONSE by plaintiff Pennsylvania Protection and Advocacy, Inc., to defts' mtn for enlargement of time in which to respond to complt. C/S. (pm) (Entered: 10/05/2000)

Oct. 4, 2000 PACER
6

MINUTE SHEET of Telephone Conference held by Judge Caldwell on 10/5/00 from 9:00am until 9:10am. Rmks: To discuss option re: continuance of claim, etc. (sc) (Entered: 10/06/2000)

Oct. 5, 2000 PACER
7

ORDER by Judge William W. Caldwell Case Management Conference set for 12:00 noon on 11/30/00 (cc: all counsel court, Ctrm. Dep., Ctrptr.) (vg) (Entered: 10/11/2000)

Oct. 10, 2000 PACER
8

MOTION by defendants to dismiss ; with cert. of non-conc, c/s and propo. (sc) (Entered: 10/24/2000)

Oct. 23, 2000 PACER
9

ORDER by Judge William W. Caldwell: Upon consideration of Dfts' mtn. for enlargement of time in which to resp. to cmp. and pltf's resp. thereto, it is ORDERED: 1. Dfts' motion to extend time to respond to the cmp. is GRANTED as modified. 2. Dfts. shall resp. to cmp. on or before 11/17/00. 3. Pltf's claims pursuant to Americans with Disabilities Act are stayed pending U.S. Supreme Court's decision in Bd. of Trustees of the University of Alabama v. Garrett, No. 99-1240. 4. An initial CMC pursuant to FRCP 16 and LR 16.1 is sched. for 11/30/00. See order dated 10/10/00. [4-1] 11/17/00 for S. Reeves Power, for Charles G. Curie, for Feather O. Houstoun, for PA Dept. of Public Welfare. See order for further details. (cc: all counsel court, Ctrm. Dep.) (vg) (Entered: 10/31/2000)

Oct. 30, 2000 PACER
10

PRAECIPE to Withdraw Dfts' Mtn to Dismiss filed by defendants; with c/s. (sc) (Entered: 11/07/2000)

Nov. 6, 2000 PACER
11

ANSWER by defendants to pltf's complaint and c of s. (jc) (Entered: 11/20/2000)

Nov. 17, 2000 PACER
12

JOINT CASE MANAGEMENT FORM returned by counsel. (c/s) (am) (Entered: 11/28/2000)

Nov. 28, 2000 PACER
13

MINUTE SHEET of case mgmt. conf. held by Judge William W. Caldwell on 11/30/00 from 9:00am until 9:15am. Term ddl (sc) (Entered: 12/01/2000)

Nov. 30, 2000 PACER
14

CASE MANAGEMENT ORDER by Judge William W. Caldwell - IT IS ORDERED THAT: A)Discovery shall be completed by 6/1/01; Jury trial set for 11/1/01. Case placed on STANDARD Case Mgmt. Track. See order for detials. (cc: all counsel court) (sc) (Entered: 12/01/2000)

Nov. 30, 2000 PACER
15

MOTION by plaintiff Pennsylvania Protection and Advocacy, Inc. for leave to file first amd. cmp. ; C/S; Propo. (vg) (Entered: 01/11/2001)

Jan. 10, 2001 PACER
16

MEMORANDUM by plaintiff Pennsylvania Protection and Advocacy, Inc., IN SUPPORT OF motion for leave to file first amd. cmp. [15-1]; Cert. of Non-Conc. (vg) (Entered: 01/11/2001)

Jan. 10, 2001 PACER
17

EXHIBITS by pltf. in supp. of pltf's mtn. for leave to file first amd. cmp. (vg) (Entered: 01/11/2001)

Jan. 10, 2001 PACER
18

UNOPPOSED MOTION by defendants for an enlargement of time to file a brief opposing mtn to amend the complt. ; Certconcurr., C/S, Propo. (pm) (Entered: 01/29/2001)

Jan. 26, 2001 PACER
19

ORDER by Judge William W. Caldwell, AND NOW, this 30th day of January, 2001, upon consideration of defts' unopposed mtn for enlargement of time to file brief opposing pltf's mtn to amend complt., mtn is granted. Defts may file their brief on or before 2/5/01. [18-1], [15-1] 2/5/01 (cc: all counsel court) (pm) (Entered: 01/31/2001)

Jan. 30, 2001 PACER
20

BRIEF by defendants IN OPPOSITION to motion for leave to file first amd. cmp. [15-1]; reply brief due 2/15/01. C/S (pm) (Entered: 02/05/2001)

Feb. 2, 2001 PACER
21

REPLY BRIEF - by plaintiff Pennsylvania Protection & Advocacy, Inc. in support of motion for leave to file first amd. cmp. [15-1] (c/s) (am) (Entered: 02/12/2001)

Feb. 12, 2001 PACER
22

SUPPLEMENT/ATTACHMENTS - to reply brief filed by plaintiff Pennsylvania Protection & Advocacy, Inc. in support of plf.'s mtn. for leave to file first amended complt. [21-1] (c/s) (am) (Entered: 02/12/2001)

Feb. 12, 2001 PACER
23

MINUTE SHEET of Telephone Discovery Dispute Conference held by MJ Smyser on 3/7/01 from 2:25pm until 2:47pm. Rmks: After hearing cnsl, MJ advises there should be a 1-team inspection, not a multiple-team inspection. Dft would concur in successive days' inspections. MJ advises pltf cnsl, if successive days' inspections seems an inadequate approach after first 1-team inspection, to make a showing then to justify a multiple-team inspection. (sc) (Entered: 03/09/2001)

March 7, 2001 PACER
24

ENTRY OF ATTORNEY APPEARANCE for all defendants by atty Howard Ulan w/ Dpmt of Public Welfare; with c/s. (sc) (Entered: 03/15/2001)

March 14, 2001 PACER
25

APPLICATION for Leave to Withdraw Appearance for dfts filed by John A. Kane, Esquire; with c/s. (sc) (Entered: 03/15/2001)

March 14, 2001 PACER
26

ENTRY OF ATTORNEY APPEARANCE for defendants by atty Thomas Blazusiak; C/S. (vg) (Entered: 03/21/2001)

March 20, 2001 PACER
29

MOTION by defendants to file amended answer to the complaint NUNC PRO TUNC ; Certconcurr., Propo & Prop amended answer. (pm) (Entered: 04/04/2001)

March 30, 2001 PACER
27

MEMORANDUM AND ORDER: by Judge William W. Caldwell, AND NOW,this 3rd day of April, 2001, upon consideration of pltf's mtn for leave to file an amended complt. (doc 15) it is ordered that: 1. pltf's mtn is granted. 2. Clerk of ct shall dkt first amended complt., attached as Exh B to pltf's exhibits (doc17) in support of its mtn, and issue summons for Gov Thomas J. Ridge. 3. Pltf is directed to serve summons on Gov Ridge. [15-1] (cc: all counsel court) (pm) (Entered: 04/04/2001)

April 3, 2001 PACER
28

AMENDED complaint [1-1]; adding Thomas J. Ridge;answer due 4/16/01 for S. Reeves Power, for Charles G. Curie, for Feather O. Houstoun, for PA Dept. of Public. C/S (pm) (Entered: 04/04/2001)

April 3, 2001 PACER

SUMMONS ISSUED as to defendant Thomas J. Ridge. (pm)

April 3, 2001 PACER
30

ORDER by Judge William W. Caldwell, AND NOW, this 4th day of April, 2001, upon consideration of deft's mtn to file amended ans. filed 3/30/01, it is ordered that w/in 20 days of date of this order, defts may file amended ans. to pltf's first amd complt filed on 4/3/01. [29-1] (cc: all counsel court) (pm) (Entered: 04/05/2001)

April 4, 2001 PACER
31

MOTION by defendants for an enlargement of time to respond to the amended complt. ; C/S, Certconcurr/noncurr., Propo. (pm) (Entered: 04/25/2001)

April 24, 2001 PACER
32

RETURN OF SERVICE by US Mail executed upon defendant Thomas J. Ridge 4/23/01. (pm) (Entered: 04/26/2001)

April 25, 2001 PACER
33

CERTIFICATE of CONCURRENCE by defendants. C/S (pm) (Entered: 04/26/2001)

April 25, 2001 PACER
34

ORDER by Judge William W. Caldwell, AND NOW, this 26th day of April, 2001, upon consideration of defts' mtn for an enlargement of time to respond to amended complt., mtn is GRANTED. Defts shall file ans on or before 5/1/01. [31-1] (cc: all counsel court) (pm) (Entered: 04/27/2001)

April 26, 2001 PACER
35

ANSWER by defendants to amd cmp; C/S. (vg) (Entered: 05/02/2001)

May 1, 2001 PACER
36

JOINT MOTION by plaintiff, defendants to amend scheduling order ; Decl. of Robert W. Meek; C/S; Propo. (vg) (Entered: 05/29/2001)

May 25, 2001 PACER
37

ORDER by Judge William W. Caldwell, upon consideration of parties' joint motion to amend scheduling order [36-1], IT IS ORDERED THAT: a) Discovery shall be completed by 9/4/01 b) All pre-trial mtns due 12/3/01, accompanied by supp. brief. c) Case shall be scheduled for trial upon resolution of any pre-trial mtns that may be filed, or, if none are filed, promptly after 12/3/01. (cc: all counsel court) (vg) (Entered: 06/06/2001)

June 1, 2001 PACER
38

ORDER by Judge William W. Caldwell, The above case has been placed on November 2001 trial list. Juries will be drawn in Ct Rm 1 beginning at 9:30 am on 11/19/01. Pretrial conference will be held at 11:00am on 11/15/01 (cc:ctrptr, ctrmdeputy, all counsel court) (pm) (Entered: 07/11/2001)

July 10, 2001 PACER
39

ORDER by Judge William W. Caldwell that case is removed from 11/01 trial list. Trial will be scheduled upon resolution of any pre-trial mtns that may be filed, or, if none are filed, promptly after 12/3/01. termed ddls (cc: all counsel court, Ctrm. Dep., Ctrptr.) (vg) (Entered: 07/18/2001)

July 17, 2001 PACER
40

UNOPPOSED MOTION by defendants to amend the scheduling order with cert of conc, proposed order and c of s. (jc) (Entered: 11/15/2001)

Nov. 14, 2001 PACER
41

ORDER by Judge William W. Caldwell, upon consideration of dfts' mtn (doc. 40) to amend most recent scheduling order in this case (June 1, 2001), it is Ordered as follows: 1) Dfts' expert reports shall be served by 12/3/01. 2) Supplementations, if any, shall be served by 12/17/01. 3) Pre-trial mtns. shall be filed and briefed on or before 2/4/02. 4) Trial will be scheduled after 2/4/02, or upon disposition of any pre-trial mtns. whichever is later. [40-1] (cc: all counsel court) (vg) (Entered: 11/20/2001)

Nov. 16, 2001 PACER
42

MOTION by plaintiff Pennsylvania Protection and Advocacy, Inc. for leave to file second amd complt ; C/S; Propo. (vg) (Entered: 11/30/2001)

Nov. 29, 2001 PACER
43

EXHIBITS by plaintiff Pennsylvania Protection and Advocacy, Inc., in support of pltf's motion for leave to file second amd complt [42-1] (vg) (Entered: 11/30/2001)

Nov. 29, 2001 PACER
44

ORDER by Judge William W. Caldwell, upon consideration of pltf's unopposed motion for leave to file second amd complt, it is ORDERED as follows: 1. Pltf's mtn is GRANTED. 2. Clerk of Court directed to file Second Amended Complt (Exh. B to Pltf's Mtn). [42-1] (cc: all counsel court) (vg) (Entered: 11/30/2001)

Nov. 29, 2001 PACER
45

SECOND AMENDED complaint [28-1] terming party Thomas J. Ridge, terming party Charles G. Curie, complaint [1-1]; adding Mark S. Schweiker, adding Gerald Radke; C/S. (vg) (Entered: 11/30/2001)

Nov. 29, 2001 PACER
46

MOTION by plaintiff Pennsylvania Protect for leave to file Documents under seal ; with cert. of conc., c/s and propo. (sc) (Entered: 01/08/2002)

Jan. 7, 2002 PACER
47

MOTION by plaintiff Pennsylvania Protection & Advocacy, Inc. to exceed 15 page limitation ; with cert. of conc., c/s and propo. (sc) (Entered: 01/08/2002)

Jan. 7, 2002 PACER
48

ORDER by Judge William W. Caldwell - Upon consideration of Pltf's mtn for fexcpg in support of its mtn for psumjgm, IT IS ORDERED that the mtn is GRANTED. The Pltf may file a br, not to exc 37 pages, in support of its mtn for psumjgm. [47-1] (cc: all counsel court) (sc) (Entered: 01/08/2002)

Jan. 7, 2002 PACER
49

ORDER by Judge William W. Caldwell - Upon consideration of Pltf's mtn for lvf docs under seal, IT IS ORDERED that the mtn is GRANTED. The pltf may file its br and exhs in supp of its mtn for psumjgm under seal. [46-1] (cc: cnsl, ct) (sc) (Entered: 01/08/2002)

Jan. 7, 2002 PACER
50

MOTION by defendants to dismiss the second amended complaint ; Cert. of Non-Conc. (pltf's cnsl unavailable); C/S; Propo. (vg) (Entered: 01/14/2002)

Jan. 11, 2002 PACER
51

MOTION by plaintiff for partial summary judgment with cert of nonconc, proposed order and c of s. (jc) (Entered: 01/15/2002)

Jan. 14, 2002 PACER
52

DOCUMENT SEALED (pursuant to Court Order) BRIEF of plaintiff IN SUPPORT of mtn for partial S/J and c of s. [51-1] (jc) (Entered: 01/15/2002)

Jan. 14, 2002 PACER
53

DOCUMENT SEALED (pursuant to Court Order) STATEMENT OF UNDISPUTED MATERIAL FACTS by plaintiff in support of mtn for partial S/J and c of s. [51-1] (jc) (Entered: 01/15/2002)

Jan. 14, 2002 PACER
54

DOCUMENT SEALED (pursuant to Court Order) EXHIBITS 1 TO 23 by plaintiff IN SUPPORT of mtn for partial S/J and c of s. [51-1] (jc) (Entered: 01/15/2002)

Jan. 14, 2002 PACER
55

DOCUMENT SEALED (pursuant to Court Order) EXHIBIT 24 (PART A) by plaintiff IN SUPPORT of pltf's mtn for partial S/J and c of s. [51-1] (jc) (Entered: 01/15/2002)

Jan. 14, 2002 PACER
56

DOCUMENT SEALED (pursuant to Court Order) EXHIBIT 24 (PART B) by plaintiff IN SUPPORT of pltf's mtn for partial S/J and c of s. [51-1] (jc) (Entered: 01/15/2002)

Jan. 14, 2002 PACER
57

DOCUMENT SEALED (pursuant to Court Order) EXHIBIT 24 (PART C) by plaintiff IN SUPPORT of pltf's mtn for partial S/J and c of s. [51-1] (jc) (Entered: 01/15/2002)

Jan. 14, 2002 PACER
58

DOCUMENT SEALED (pursuant to Court Order) EXHIBITS 31 TO 63 by plaintiff IN SUPPORT of pltf's mtn for partial S/J and c of s. [51-1] (jc) (Entered: 01/15/2002)

Jan. 14, 2002 PACER
59

MINUTE SHEET from tele discovery conf held by Judge Caldwell on 1/22/02. (vg) (Entered: 01/23/2002)

Jan. 22, 2002 PACER
60

ORDER by Judge William W. Caldwell as follows: 1. Dfts shall file their mtn for s/j on or before 2/11/02. 2. Dfts' brsup of their mtn for s/j, and in opp to pltf's mtn for s/j, shall be filed on or before 3/11/02. 3. Dfts' brsup of their mtn to dismiss shall be filed on or before 2/1/02. Pltf's br opposing said mtn shall be filed on or before 2/25/02. 4. Briefs may be filed that are beyond length permitted by local rules. 5. Sensitive docs may be filed under seal. (cc: all counsel court) (vg) (Entered: 01/23/2002)

Jan. 22, 2002 PACER
61

BRIEF by defendants IN SUPPORT of motion to dismiss the second amended complaint and c of s. [50-1] (jc) (Entered: 02/06/2002)

Feb. 5, 2002 PACER
62

MOTION by defendants for summary judgment with cert of nonconc, proposed order and c of s. (jc) (Entered: 02/12/2002)

Feb. 11, 2002 PACER
63

MOTION by defendants for stay of proceedings or, in the alternative, enlargement of time in which to file defts' statement of undisputed facts, defts' brief in opp. to pltf's mtn for partial S/J and defts' brief in support of defts' mtn for S/J with cert of nonconc, proposed order and c of s. (jc) (Entered: 02/12/2002)

Feb. 11, 2002 PACER
64

MEMORANDUM by defendants IN SUPPORT OF motion for stay of proceedings or, in the alternative, enlargement of time in which to file defts' statement of undisputed facts, defts' brief in opp. to pltf's mtn for partial S/J and defts' brief in support of defts' mtn for S/J [63-1]; with c/s. (sc) (Entered: 02/19/2002)

Feb. 15, 2002 PACER
65

BRIEF by plaintiff IN OPPOSITION to motion to dismiss the second amended complaint and c of s; [50-1] reply brief due 3/4/02. (jc) (Entered: 02/20/2002)

Feb. 19, 2002 PACER
66

EXHIBITS by plaintiff IN SUPPORT of brief in opp. to defts' mtn to dismiss second amended complaint and c of s. [65-1] (jc) (Entered: 02/20/2002)

Feb. 19, 2002 PACER
67

BRIEF by plaintiff Pennsylvania Protect IN OPPOSITION to motion for stay of proceedings or, in the alternative, enlargement of time in which to file defts' statement of undisputed facts, defts' brief in opp. to pltf's mtn for partial S/J and defts' brief in support of defts' mtn for S/J [63-1] ;reply brief due 3/11/02; C/S (pm) (Entered: 02/26/2002)

Feb. 25, 2002 PACER
68

EXHIBITS by plaintiff Pennsylvania Protect in support of opposition to defts' application for stay of proceedings or, in the alternative, req for enlargement of time. [67-1]; C/S (pm) (Entered: 02/26/2002)

Feb. 25, 2002 PACER
69

ORDER - by Judge William W. Caldwell: AND NOW, this 26th day of Feb., 2002, upon consideration of defts.' application [63-1] to stay proceedings, or in the alternative, for an ext. of time, it is ordered that: 1. A stay of proceedings is denied. 2. An enlargement of time is granted. 3. Defts. shall have until 4/11/02, to file their statement of undisputed facts, br. in opp. to plf.'s mtn. for partial SJ, & brief in support of defts.' mtn. for SJ. 4. Plf.'s ddls. for responding to these filings shall be determined upon mtn. of plf. [51-1] [62-1] (brief in opp. to plf.'s mtn. for partial SJ & brief in support of defts.' mtn. for SJ due 4/11/02 (cc: all counsel & court) (am) (Entered: 02/26/2002)

Feb. 26, 2002 PACER
70

MOTION by defendants for a one day extension of time until 3/8/02 to file their reply brief in support of their mtn to dismiss with cert of conc, proposed order and c of s. (jc) (Entered: 03/08/2002)

March 7, 2002 PACER
71

ORDER - by Judge William W. Caldwell: AND NOW, this 8th day of March, 2002, upon consideration of defts.' unopposed motion for an enlargement of time to file their reply brief in support of the defts.' mtn. to dismiss, it is hereby ordered that the mtn. is GRANTED. Defts. may file their brief on or before 3/8/02. [70-1] (cc: all counsel & court) (am) (Entered: 03/08/2002)

March 8, 2002 PACER
72

REPLY BRIEF by defendants IN SUPPORT of motion to dismiss the second amended complaint [50-1]; with c/s. (sc) (Entered: 03/12/2002)

March 8, 2002 PACER
73

MEMORANDUM - of Judge Caldwell: Defts.' motion to dismiss the second amended complaint [50-1] is granted in part & denied in part. 2. The ADA claim against deft. DPW is dism'd. 3. In all other respects, the mtn. is denied. cc: all counsel & Crt. (am) (Entered: 03/27/2002)

March 27, 2002 PACER
74

ORDER - by Judge William W. Caldwell: AND NOW, this 27th day of March, 2002, it is ordered that: 1. Defts.' mtn. [50-1] to dismiss the second amended complaint is granted in part and denied in part. 2. The ADA claim against deft. DPW is dism'd. 3. In all other respects, the mtn. is denied. (cc: all counsel & court) (am) (Entered: 03/27/2002)

March 27, 2002 PACER
75

ANSWER by defendants to second amd complt. (vg) (Entered: 04/11/2002)

April 10, 2002 PACER
76

CERTIFICATE of Service from Michael Harvey re answer to second amended complt on 4/10/02. (pm) (Entered: 04/12/2002)

April 11, 2002 PACER
77

UNOPPOSED MOTION by defendants to extend time for filing brief and statements of material fact om support of their mtn for summary judgment ; C/S (pm) (Entered: 04/12/2002)

April 11, 2002 PACER
78

ORDER - by Judge William W. Caldwell: AND NOW, this 15th day of April, 2002, upon consideration of the unopposed motion for second enlargement of time to file brief and statements of material facts, it is hereby ordered that the mtn. is GRANTED. Defts. may file their brief & statements of material facts in support of their mtn. for SJ [62-1 & in opposition to plf.'s mtn. for partial SJ [51-1] on or before 4/15/02. (brief in support due 4/15/02 (cc: all counsel & court) (am) (Entered: 04/16/2002)

April 15, 2002 PACER
79

DOCUMENT SEALED (pursuant to Court Order) BRIEF by defendants IN SUPPORT of mtn for S/J and IN OPPOSITION to pltf's mtn for partial S/J and c of s. [62-1] [51-1] (jc) (Entered: 04/16/2002)

April 15, 2002 PACER
80

DOCUMENT SEALED (pursuant to Court Order) RESPONSE to pltf's statement of undisputed material facts in support of pltf's mtn for partial S/J and c of s. [53-1] (jc) (Entered: 04/16/2002)

April 15, 2002 PACER
81

DOCUMENT SEALED (pursuant to Court Order) STATEMENT OF UNDISPUTED MATERIAL FACTS in support of defts' mtn for S/J and IN OPPOSTION to pltf's mtn for partial S/J and c of s. [62-1] (jc) (Entered: 04/16/2002)

April 15, 2002 PACER
82

DOCUMENT SEALED (pursuant to Court Order) EXHIBITS by defendants to their mtn for S/J and in opposition to pltf's mtn for partial S/J. BOX I containing exhs. A(1-18), B(1-86). [62-1] (jc) Modified on 04/16/2002 (Entered: 04/16/2002)

April 15, 2002 PACER
83

DOCUMENT SEALED (pursuant to Court Order) EXHIBITS by defendants to their mtn for S/J and in opposition to pltf's mtn for partial S/J. BOX II containing exhs. C(1-42), C(43-84), D-E, F-K, & L-R. [62-1] (jc) (Entered: 04/16/2002)

April 15, 2002 PACER
84

MOTION by plaintiff Pennsylvania Protection and Advocacy, Inc. to strike certain exhibits to dfts' Mtn for Sumjgm ; with cert. of non-conc., c/s and propo. (sc) (Entered: 05/07/2002)

May 6, 2002 PACER
85

BRIEF by pltf IN SUPPORT of mtn to strike certain exhibits to dfts' Mtn for Sumjgm [84-1]; with c/s. (sc) (Entered: 05/07/2002)

May 6, 2002 PACER
86

EXHIBITS by pltf IN SUPPORT of mtn to strike certain exhibits to dfts' Mtn for Sumjgm [84-1]; with c/s. (sc) (Entered: 05/07/2002)

May 6, 2002 PACER
87

DOCUMENT SEALED (pursuant to Court Order) - Pltf's Brief In Opp to Dfts' Mtn for Summary Jgm and Reply Brief in Support of Pltf's Mtn for Partial Sumjgm [62-1], [51-1]; with c/s. (sc) (Entered: 05/07/2002)

May 6, 2002 PACER
88

DOCUMENT SEALED (pursuant to Court Order) - Pltf's Response to Dfts' Undiputed Facts in Support of Dfts' Mtn for SumJgm and In Opposition to Pltf's Mtn for Partial SumJgm [81-1]; with c/s. (sc) (Entered: 05/07/2002)

May 6, 2002 PACER
89

DOCUMENT SEALED (pursuant to Court Order) - EXHIBITS 1-24 IN SUPPORT of Pltf's Bropp to Dfts' Mtn for Sumjgm and Rplybr in support of Pltf's mtn for psumjgm; with c/s. (sc) (Entered: 05/07/2002)

May 6, 2002 PACER
90

UNOPPOSED MOTION by defendants for extension of time of four days to file reply br in support of mtn for s/j ; Cert. of Conc.; C/S; Propo. (vg) (Entered: 05/15/2002)

May 14, 2002 PACER
91

ORDER - by Judge William W. Caldwell: AND NOW, this 15th day of May, 2002, upon consideration of the defts.' unopposed motion for enlargement of time to file reply brief [90-1], it is hereby ordered that the mtn. is GRANTED. Defts. may file their reply brief in support of their motion for summary judgment [62-1] on or before 5/24/02. (cc: all counsel & court) (am) (Entered: 05/16/2002)

May 15, 2002 PACER
92

UNOPPOSED MOTION by defendants for enlargement of time to file brief opposing plf.'s mtn. to strike exhs. to defts.' mtn. for SJ until 5/31/02 Cert. of conc. (c/s) (am) (Entered: 05/21/2002)

May 20, 2002 PACER
93

SECOND UNOPPOSED MOTION - by defendants for enlargement of time to file reply brief in support of their mtn. for SJ until 5/31/02. Cert. of conc. (c/s) (am) (Entered: 05/21/2002)

May 20, 2002 PACER
94

ORDER - by Judge William W. Caldwell: AND NOW, this 21st day of May, 2002, upon consideration of the defts.' unopposed motion for enlargement of time to file brief opposing plf.'s mtn. to strike exhs., it is hereby ordered that the mtn. is GRANTED. [92-1] Defts. may file their brief opposing plf.'s mtn. to strike exhs. on or before 5/31/02. [84-1] (cc: all counsel & court) (am) (Entered: 05/21/2002)

May 21, 2002 PACER
95

ORDER - by Judge William W. Caldwell: AND NOW, this 21st day of May, 2002, upon consideration of the defts. second unopposed motion for enlargement of time to file reply brief, it is hereby ordered that the mtn. is GRANTED. [93-1] Defts. may file their reply brief in support of their motion for summary judgment [62-1] on or before 5/31/02. (cc: all counsel & court) (am) (Entered: 05/21/2002)

May 21, 2002 PACER
96

DOCUMENT SEALED (pursuant to Court Order)-Exhibits in support of defts br in opp to pltfs mtn to strike certain exhibts to defts mtn for summary judgment; C/S (pm) (Entered: 06/03/2002)

May 31, 2002 PACER
97

DOCUMENT SEALED (pursuant to Court Order) Defts br in opp to pltfsmtn to strike certain exhibits to defts mtn for summary judment; C/S (pm) (Entered: 06/03/2002)

May 31, 2002 PACER
98

DOCUMENT SEALED (pursuant to Court Order) Defts reply br in support of mtn for summary judgment; C/S (pm) (Entered: 06/03/2002)

May 31, 2002 PACER

State / Territory: Pennsylvania

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Olmstead Cases

Key Dates

Filing Date: Sept. 6, 2000

Closing Date: 2005

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A nonprofit Pennsylvania corporation designated by the state as the advocate and protector of the rights of individuals with disabilities.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

NDRN/Protection & Advocacy Organizations

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Commonwealth of Pennsylvania, 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

Medicaid, 42 U.S.C §1396 (Title XIX of the Social Security Act)

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