Case: Frederick L. v. Dept. of Public Welfare

2:00-cv-04510 | U.S. District Court for the Eastern District of Pennsylvania

Filed Date: Sept. 5, 2000

Closed Date: 2004

Clearinghouse coding complete

Case Summary

On September 5, 2000, a group of individuals with serious mental disabilities who were institutionalized as Norristown State Hospital ("NSH") filed suit against Pennsylvania Department of Public Welfare and Pennsylvania's Secretary of Public Welfare under the Americans with Disabilities Act, the Rehabilitation Act of 1973 and 42 U.S.C. §1983 in the U.S. District Court for the Eastern District of Pennsylvania. The plaintiffs, represented by public services counsel, asked the Court for declarato…

On September 5, 2000, a group of individuals with serious mental disabilities who were institutionalized as Norristown State Hospital ("NSH") filed suit against Pennsylvania Department of Public Welfare and Pennsylvania's Secretary of Public Welfare under the Americans with Disabilities Act, the Rehabilitation Act of 1973 and 42 U.S.C. §1983 in the U.S. District Court for the Eastern District of Pennsylvania. The plaintiffs, represented by public services counsel, asked the Court for declaratory and injunctive relief, alleging that because they were qualified and prepared for community-based services, their continued institutionalization violated the anti-discrimination and integration mandates of the ADA Act and the Rehabilitation Act.

On July 23, 2001, the Court (Judge Schiller) denied the defendants' motion to dismiss in part, allowing the plaintiffs to continue to pursue the Rehabilitation Act claims against both defendants, and the ADA and 1983 claims against the Secretary.

Following a three-day bench trial in May 2002, on September 5, 2002, the District Court (Judge Schiller) issued a memorandum opinion in favor of the defendants on the ground that the plaintiffs were not entitled to the requested relief because it would have required a fundamental alteration of the Commonwealth's programming and budgetary allocations.

The plaintiffs subsequently appealed. On April 13, 2004, the Third Circuit vacated the district court's judgment and remanded for further evaluation of the state's fundamental alteration defense.

On September 1, 2004, after reconsidering the defendants' defense, the district court (Judge Schiller) entered judgment in favor of defendants and closed the case. The Court found that the Commonwealth had in place a satisfactory "Olmstead Plan."

Summary Authors

Kunyi Zhang (3/12/2011)

People


Judge(s)

Hart, Jacob P. (Pennsylvania)

Schiller, Berle M. (Pennsylvania)

Sloviter, Dolores Korman (Pennsylvania)

Attorneys(s) for Plaintiff

Meek, Robert W. (Pennsylvania)

Murphy, Mark J. (Pennsylvania)

Attorneys(s) for Defendant

Tesoro, Claudia M (Pennsylvania)

Ulan, Howard (Pennsylvania)

Judge(s)

Hart, Jacob P. (Pennsylvania)

Schiller, Berle M. (Pennsylvania)

Sloviter, Dolores Korman (Pennsylvania)

Attorneys(s) for Plaintiff

Meek, Robert W. (Pennsylvania)

Murphy, Mark J. (Pennsylvania)

Attorneys(s) for Defendant

Tesoro, Claudia M (Pennsylvania)

Ulan, Howard (Pennsylvania)

Documents in the Clearinghouse

Document

Docket

Sept. 26, 2006 Docket
21

Opinion and Order (Motion to Dismiss Granted in part)

157 F.Supp.2d 509

July 23, 2001 Order/Opinion
62

Memorandum and Order (Judgment in Favor of Defendant in part)

217 F.Supp.2d 581

Sept. 5, 2002 Order/Opinion

3rd Circuit Opinion

U. S. Court of Appeals for the Third Circuit

364 F.3d 487

April 13, 2004 Order/Opinion
76

Memorandum and Order (Judgment in favor of Defendants)

2004 WL 1945565

Sept. 1, 2004 Order/Opinion

Docket

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
1

Complaint. filing fee $ 150 receipt # 741125 (jmp) (Entered: 09/06/2000)

Sept. 5, 2000

Summons(es) issued Forwarded to: counsel 9/6/00 (jmp) (Entered: 09/06/2000)

Sept. 5, 2000

Special Case Management Track. (jmp) (Entered: 09/06/2000)

Sept. 5, 2000
2

Affidavit of: Judy A.W. Banks re: served summons and complaint upon Kelly Cofield on behalf of DEFENDANT DEPT.OF PUBLIC WELFARE, upon Cathy Stehman on behalf of DEFENDANT FEATHER O. HOUSTOUN. Served by: Personal Service on 11/6/00. (fdc) (Entered: 11/16/2000)

Nov. 16, 2000
4

DEFENDANTS' MOTION TO DISMISS , MEMORANDUM, CERTIFICATE OF SERVICE. (fdc) (Entered: 11/28/2000)

Nov. 27, 2000
5

ORDER THAT A STATUS CONFERENCE IS SCHEDULED FOR 8:30 AM ON 12/19/00. ( SIGNED BY JUDGE BERLE M. SCHILLER ) 12/1/00 ENTERED AND COPIES MAILED AND FAXED. (fdc) (Entered: 12/01/2000)

Nov. 30, 2000
6

PLAINTIFFS' MOTION TO STAY LITIGATION OF THEIR CLAIMS UNDER THE AMERICANS WITH DISABILITIES ACT , CERTIFICATE OF SERVICE. (fdc) (Entered: 12/07/2000)

Dec. 7, 2000
7

Response by DEFENDANT DEPT.OF PUBLIC WELF, DEFENDANT FEATHER O. HOUSTOUN to MOTION TO STAY LITIGATION OF THEIR CLAIMS UNDER THE AMERICANS WITH DISABILITIES ACT, Certificate of Service. (dt) (Entered: 12/19/2000)

Dec. 18, 2000
8

ORDER THAT THE CLERK OF COURT MARK THIS ACTION CLOSED FOR STATISTICAL PURPOSES AND PLACE THE MATTER IN THE CIVIL SUSPENSE FILE. ( SIGNED BY JUDGE BERLE M. SCHILLER ) 12/19/00 ENTERED AND COPIES MAILED AND FAXED. (fdc) (Entered: 12/19/2000)

Dec. 19, 2000
9

Memorandum by PLAINTIFF FREDERICK L., PLAINTIFF NINA S., PLAINTIFF KEVIN C., PLAINTIFF STEVEN F. in opposition to MOTION TO DISMISS, Certificate of Service. (mbh) (Entered: 03/22/2001)

March 22, 2001
10

Request for oral argument by PLAINTIFF FREDERICK L., PLAINTIFF NINA S., PLAINTIFF KEVIN C., PLAINTIFF STEVEN F. ON MOTION TO DISMISS, Certificate of Service. (mbh) (Entered: 03/22/2001)

March 22, 2001
11

ORDER THAT AN ORAL ARGUMENT ON THE DEFENDANT'S MOTION TO DISMISS WILL BE HELD BEFORE THE HONORABLE BERLE M. SCHILLER ON 4/6/01 AT 10:00 AM. ( SIGNED BY JUDGE BERLE M. SCHILLER ) 3/23/01 ENTERED AND COPIES MAILED AND FAXED. (fdc) (Entered: 03/23/2001)

March 23, 2001
12

ORDER THAT DEFENDANT SHALL HAVE UNTIL 4/23/01 TO REPLY TO PLAINTIFF'S RESPONSE TO DEFENDANT'S MOTION TO DISMISS. IT IS FURTHER ORDERED THAT AN ORAL ARGUMENT ON DEFENDANT'S MOTION TO DISMISS SCHEDULED FOR 4/6/01 AT 10:00 AM BY ORDER DATED 3/23/01 IS HEREBY RESCHEDULED FOR 4/26/01 AT 8:30 AM. ( SIGNED BY JUDGE BERLE M. SCHILLER ) 3/29/01 ENTERED AND COPIES MAILED AND FAXED. (fdc) (Entered: 03/29/2001)

March 28, 2001
13

DEFENDANTS' Reply Memorandum, Certificate of Service. (fdc) (Entered: 04/23/2001)

April 23, 2001
14

Minute entry: 4/26/01 Oral Argument, Argued Sur: Defendant's motion to dismiss, C.A.V.. (jl) (Entered: 04/26/2001)

April 26, 2001
15

First Amended Complaint by PLAINTIFFS, Certificate of Service. (fdc) (Entered: 05/04/2001)

May 4, 2001
16

PLAINTIFFS' Supplemental Memorandum of Law in Opposition to DEFENDANTS' Motion to Dismiss, Certificate of Service. (fdc) (Entered: 05/04/2001)

May 4, 2001
17

DEFENDANTS' Supplemental Memorandum regarding Sandoval, Certificate of Service. (fdc) (Entered: 05/04/2001)

May 4, 2001
18

MOTION OF DEFENDANT DEPT.OF PUBLIC WELF, DEFENDANT FEATHER O. HOUSTOUN TO DISMISS FIRST AMENDED COMPLAINT , MEMORANDUM, CERTIFICATE OF SERVICE. (fdc) (Entered: 05/11/2001)

May 11, 2001
19

PLAINTIFFS' Memorandum of Law in Opposition to DEFENDANTS' MOTION TO DISMISS FIRST AMENDED COMPLAINT, Certificate of Service. (fdc)

May 18, 2001
21

MEMORANDUM AND ORDER THAT DEFENDANTS' MOTION TO DISMISS IS GRANTED IN PART AND DENIED IN PART AS FOLLOWS: COUNTS II AND IV ARE DISMISSED AGAINST THE DPW; DEFENDANTS' MOTION IS DENIED IN ALL OTHER RESPECTS; THIS COURT IS OF THE OPINION THAT THIS DECISION AND ACCOMPANYING ORDER INVOLVE CONTROLLING QUESTIONS OF LAW AS TO WHICH THERE IS SUBSTANTIAL GROUND FOR DIFFERENCE OF OPINION (AND TO WHICH THERE HAS BEEN DIFFERENCE OF OPINION AMONG THE COURTS) AND THAT AN IMMEDIATE APPEAL FROM THIS ORDER MAY MATERIALLY ADVANCE THE ULTIMATE TERMINATION OF THE LITIGATION WITHIN THE MEANING OF 28 USC SECTION 1292(b); IF NO APPLICATION FOR INTERLOCUTORY APPEAL IS MADE TO THE THIRD CIRCUIT WITHIN THE 10 − DAY PERIOD PROVIDED FOR UNDER 28 USC SECTION 1292(b), DEFENDANTS SHALL FILE THEIR RESPONSE TO PLAINTIFFS' MOTION FOR CLASS CERTIFICATION BY 8/16/01. IF APPLICATION FOR INTERLOCUTORY APPEAL IS MADE, THIS ACTION SHALL BE STAYED PENDING DISPOSITION OF THE APPLICATION AND ENSUING APPEAL, IF ANY. ( SIGNED BY JUDGE BERLE M. SCHILLER ) 7/23/01 ENTERED AND COPIES MAILED. (fdc) (Entered: 07/23/2001)

July 23, 2001
22

STIPULATION AND ORDER THAT PROCEDINGS IN THIS CASE SHOULD BE STAYED, AND THIS ACTION SHOULD BE PLACED IN CIVIL SUSPENSE, UNTIL MCALEESE IS DECIDED. ( SIGNED BY JUDGE BERLE M. SCHILLER ) 8/8/01 ENTERED AND COPIES MAILED AND FAXED. (fdc) (Entered: 08/08/2001)

Aug. 8, 2001
23

DEFENDANTS' Post − McAleese Memorandum, Certificate of Service. (fdc) (Entered: 09/07/2001)

Sept. 6, 2001
24

ORDER THAT, UPON AGREEMENT OF THE PARTIES, THIS CASE IS HEREBY TAKEN OUT OF CIVIL SUSPENSE AND LITIGATION IN THIS CASE SHALL PROCEED IN THIS COURT. DEFENDANTS SHALL FILE AN ANSWER TO PLAINTIFFS' AMENDED COMPLAINT BY 10/26/01. DEFENDANTS SHALL FILE A RESPONSE TO PLAINTIFFS' MOTION FOR CLASS CERTIFICATION BY 11/9/01. PLAINTIFFS MAY FILE A REPLY BRIEF ON THE CLASS CERTIFICATION ISSUES, BUT ANY SUCH BRIEF SHALL BE FILED BY 11/21/01. AT THE APPROPRIATE TIME, THE COURT SHALL CONVENE A RULE 16 CONFERENCE IN ORDER TO SET DATES FOR THE COMPLETION OF DISCOVERY, OTHER PRETRIAL SUBMISSIONS, AND TRIAL. ( SIGNED BY JUDGE BERLE M. SCHILLER ) 10/18/01 ENTERED AND COPIES MAILED AND FAXED. (fdc) Modified on 10/19/2001 (Entered: 10/18/2001)

Oct. 18, 2001
25

Answer and affirmative defenses to Complaint by DEFENDANT DEPT.OF PUBLIC WELF, DEFENDANT FEATHER O. HOUSTOUN (Attorney HOWARD ULAN, CLAUDIA M. TESORO) , Certificate of Service. (jpd) (Entered: 10/29/2001)

Oct. 26, 2001

ISSUE JOINED. (jpd) (Entered: 10/29/2001)

Oct. 26, 2001
26

Amended answer to complaint with Affirmative Defenses by DEFENDANT DEPT.OF PUBLIC WELF, DEFENDANT FEATHER O. HOUSTOUN, Certificate of Service (fdc) (Entered: 11/13/2001)

Nov. 9, 2001

Text not available. (Entered: 11/13/2001)

Nov. 9, 2001
27

Response by DEFENDANT DEPT.OF PUBLIC WELF, DEFENDANT FEATHER O. HOUSTOUN to PLAINTIFFS' MOTION FOR CLASS CERTIFICATION , Certificate of Service. (fdc) (Entered: 11/13/2001)

Nov. 9, 2001
28

Declaration of Aidan Altenor, Ph.D., Certificate of Service. (fdc) (Entered: 11/14/2001)

Nov. 14, 2001
30

ORDER THAT PLAINTIFF'S MOTION FOR CLASS CERTIFICATION IS GRANTED AS AMENDED IN PLAINTIFF'S REPLY IN SUPPORT OF THEIR MOTION FOR CLASS CERTIFICATION. THIS CASE SHALL PROCEED ON BEHALF OF THE FOLLOWING CLASS: ETC. (SIGNED BY JUDGE BERLE M. SCHILLER) 11/23/01 ENTERED AND COPIES MAILED AND FAXED BY CHAMBERS ON 11/21/01. (fh) (Entered: 11/23/2001)

Nov. 21, 2001
31

ORDER THAT ALL DISCOVERY IS TO BE COMPLETED BY 3/22/02; DEADLINE FOR FILING OF ALL MOTIONS IS 12/19/01; A FINAL PRETRIAL CONFERENCE WILL BE HELD AT 8:30 AM ON 5/6/02; TRIAL DATE SCHEDULED FOR 9:30 AM ON 5/20/02. ( SIGNED BY JUDGE BERLE M. SCHILLER ) 12/11/01 ENTERED AND COPIES MAILED AND FAXED. (fdc) (Entered: 12/11/2001)

Dec. 11, 2001
32

ORDER THAT DISCOVERY IS TO BE COMPLETED BY 4/5/02; ANY MOTIONS FOR SUMMARY JUDGMENT SHALL BE FILED BY 4/19/02. ( SIGNED BY JUDGE BERLE M. SCHILLER ) 2/20/02 ENTERED AND COPIES MAILED AND FAXED. (fdc) (Entered: 02/20/2002)

Feb. 20, 2002
33

MOTION BY PLAINTIFF FREDERICK L., PLAINTIFF NINA S., PLAINTIFF KEVIN C., PLAINTIFF STEVEN F. FOR LEAVE TO FILE SECOND AMENDED COMPLAINT OR, IN THE ALTERNATIVE, FOR JOINDER , MEMORANDUM, CERTIFICATE OF SERVICE. (fdc) (Entered: 02/28/2002)

Feb. 27, 2002
34

Memorandum in Opposition by DEFENDANT DEPT.OF PUBLIC WELF, DEFENDANT FEATHER O. HOUSTOUN to PLAINTIFFS' MOTION FOR LEAVE TO FILE SECOND AMENDED COMPLAINT OR, IN THE ALTERNATIVE, MOTION FOR JOINDER, Certificate of Service. (fdc) (Entered: 03/05/2002)

March 5, 2002
35

MEMORANDUM AND ORDER THAT PLAINTIFFS' MOTION FOR LEAVE TO FILE A SECOND AMENDED COMPLAINT OR, IN THE ALTERNATIVE, MOTION FOR JOINDER IS DENIED. ( SIGNED BY JUDGE BERLE M. SCHILLER ) 3/19/02 ENTERED AND COPIES MAILED AND FAXED. (fdc) (Entered: 03/19/2002)

March 18, 2002
36

ORDER THAT A FINAL PRETRIAL CONFERENCE WILL BE HELD ON 5/6/02 AT 8:30 AM; FINAL PRETRIAL MOTIONS ARE DUE 5/13/02; THE BENCH TRIAL IN THE ABOVE − CAPTIONED CASE REMAINS SET TO COMMENCE ON 5/20/02 AT 9:30 AM. ( SIGNED BY JUDGE BERLE M. SCHILLER ) 3/19/02 ENTERED AND COPIES MAILED AND FAXED. (fdc) (Entered: 03/19/2002)

March 19, 2002
37

MOTION BY DEFENDANT DEPT.OF PUBLIC WELF, DEFENDANT FEATHER O. HOUSTOUN FOR SUMMARY JUDGMENT , CERTIFICATE OF SERVICE. (fdc) (Entered: 04/22/2002)

April 19, 2002
38

Memorandum of Law by DEFENDANT DEPT.OF PUBLIC WELF, DEFENDANT FEATHER O. HOUSTOUN in Support of their MOTION FOR SUMMARY JUDGMENT, Certificate of Service. (fdc) (Entered: 04/22/2002)

April 19, 2002
39

DEFENDANTS' Statement of Undisputed or Indisputable Facts (Including Supporting Exhibits), Certificate of Service. (fdc) (Entered: 04/22/2002)

April 19, 2002
40

Joint Pretrial Disclosure Memorandum. (fdc) (Entered: 04/23/2002)

April 23, 2002
41

MOTION BY PLAINTIFF FREDERICK L., PLAINTIFF NINA S., PLAINTIFF KEVIN C., PLAINTIFF STEVEN F. TO STRIKE SUMMARY JUDGMENT EXHIBITS AND MOTION IN LIMINE TO EXCLUDE EVIDENCE AT TRIAL , MEMORANDUM, CERTIFICATE OF SERVICE. (fdc) (Entered: 05/02/2002)

May 2, 2002
42

Memorandum of Law by PLAINTIFF FREDERICK L., PLAINTIFF NINA S., PLAINTIFF KEVIN C., PLAINTIFF STEVEN F. in Opposition to DEFENDANTS' MOTION FOR SUMMARY JUDGMENT, Certificate of Service. (fdc) (Entered: 05/02/2002)

May 2, 2002
44

Exhibits 19 through 42 submitted in Support of PLAINTIFFS' Memorandum of Law in Opposition to DEFENDANTS' Motion for Summary Judgment, Certificate of Service. (fdc) (Entered: 05/02/2002)

May 2, 2002
45

Proposed Findings of Facts and Conclusions of Law by DEFENDANT DEPT.OF PUBLIC WELF, DEFENDANT FEATHER O. HOUSTOUN Certificate of Service. (fdc) (Entered: 05/06/2002)

May 6, 2002
46

Proposed Findings of Facts and Conclusions of Law by PLAINTIFF FREDERICK L., PLAINTIFF NINA S., PLAINTIFF KEVIN C., PLAINTIFF STEVEN F., Certificate of Service. (fdc) (Entered: 05/06/2002)

May 6, 2002
47

Joint Pretrial Stipulation, Certificate of Service. (fdc) (Entered: 05/06/2002)

May 6, 2002
48

ORDER THAT DEFENDANTS' MOTION FOR SUMMARY JUDGMENT IS DENIED. BECAUSE THE CONTENTIONS MADE BY DEFENDANTS CAN ONLY BE PROVEN AT TRIAL, THE EXISTENCE OF GENUINE ISSUES OF MATERIAL FACT PRECLUDES THE ENTRY OF SUMMARY JUDGMENT. PLAINTIFFS' MOTION IN LIMINE IS GRANTED IN PART AND DENIED IN PART. PLAINTIFFS' MOTION IS GRANTED TO THE EXTENT THAT DEFENDANTS SHALL NOT BE PERMITTED TO OFFER TESTIMONY OF MARILYN ECKLEY AT TRIAL AND DENIED IN ALL OTHER RESPECTS. BY WEDNESDAY, 5/8/02, DEFENDANTS SHALL PROVIDE PLAINTIFFS WITH THE DOCUMENTATION, IF ANY, TENDING TO SHOW THAT LITIGATION INCREASES THE COSTS OF COMMUNITY MENTAL HEALTH PROGRAMS. ( SIGNED BY JUDGE BERLE M. SCHILLER ) 5/6/02 ENTERED AND COPIES MAILED AND FAXED. (fdc) (Entered: 05/06/2002)

May 6, 2002
49

Minute entry: before Judge Schiller on 5/20/02 at 9:30 am. Re: Non − Jury Trial (Day 1). (fdc) (Entered: 05/22/2002)

May 22, 2002
50

Minute entry: before Judge Schiller on 5/21/02 at 9:30 am. Re: Non − Jury Trial (Day 2). (fdc) (Entered: 05/22/2002)

May 22, 2002
51

Minute entry: before Judge Schiller on 5/22/02 at 9:30 am. Re: Non − Jury Trial − Day 3. (fdc) (Entered: 05/22/2002)

May 22, 2002
52

ORDER THAT BY JUNE 19, 2002, THE PARTIES SHALL SUBMIT REVISED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ANY POST − TRIAL MOTIONS. ANY RESPONSES SHALL BE SUBMITTED BY JULY 5, 2002. ( SIGNED BY JUDGE BERLE M. SCHILLER ) 5/23/02 ENTERED AND COPIES MAILED AND FAXED. (fdc) (Entered: 05/23/2002)

May 23, 2002
53

Supplement of DEFENDANT DEPT.OF PUBLIC WELF, DEFENDANT FEATHER O. HOUSTOUN to Exhibit P − 41A, Certificate of Service. (np) (Entered: 05/28/2002)

May 24, 2002
54

Transcript of Proceedings before Judge Schiller on 5/20/02. Re: Trial − Day 1. (fdc) (Entered: 06/03/2002)

June 3, 2002
55

Transcript of Proceedings before Judge Schiller on 5/21/02. Re: Trial − Day 2. (fdc) (Entered: 06/03/2002)

June 3, 2002
56

Transcript of Proceedings before Judge Schiller on 5/22/02. Re: Trial − Day 3. (fdc) (Entered: 06/03/2002)

June 3, 2002
57

Stipulation regarding Trial Exhibits. (fdc) (Entered: 06/05/2002)

June 5, 2002
58

PLAINTIFFS' Revised Proposed Findings of Facts and Conclusions of Law. (fdc) (Entered: 06/19/2002)

June 19, 2002
59

DEFENDANTS' Revised Proposed Findings of Facts and Conclusions of Law, Certificate of Service. (fdc) (Entered: 06/20/2002)

June 19, 2002
61

Response to PLAINTIFFS' REVISED PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW by DEFENDANT DEPT.OF PUBLIC WELF, DEFENDANT FEATHER O. HOUSTOUN , Certificate of Service. (jpd) (Entered: 07/08/2002)

July 5, 2002
62

MEMORANDUM AND ORDER THAT JUDGMENT IS ENTERED IN FAVOR OF THE DEFENDANTS AND AGAINST PLAINTIFFS AND THE PLAINTIFF CLASS. THE CLERK OF COURT IS DIRECTED TO CLOSE THIS CASE. ( SIGNED BY JUDGE BERLE M. SCHILLER ) 9/5/02 ENTERED AND COPIES MAILED AND FAXED. (fdc) (Entered: 09/05/2002)

Sept. 5, 2002

Case closed (nt) (Entered: 09/11/2002)

Sept. 5, 2002
63

Notice of Appeal by PLAINTIFF FREDERICK L., PLAINTIFF NINA S., PLAINTIFF KEVIN C., PLAINTIFF STEVEN F. . Fee Status: paid . Copies to: JUDGE BERLE M. SCHILLER , Clerk USCA, Appeals Clerk, and HOWARD ULAN, CLAUDIA M. TESORO, MARK J. MURPHY, Certificate of Service. (fdc) (Entered: 10/01/2002)

Oct. 1, 2002
64

Copy of Clerk's notice to USCA re: [63 − 1] appeal . (fdc) (Entered: 10/01/2002)

Oct. 1, 2002

Notice of Docketing ROA from USCA Re: [63 − 1] appeal USCA NUMBER: 02 − 3721 . 10/3/02 (fdc) (Entered: 10/03/2002)

Oct. 3, 2002
65

Copy of TPO form ref: [63 − 1] appeal . (fdc) (Entered: 10/11/2002)

Oct. 11, 2002

RECORD COMPLETE FOR PURPOSES OF APPEAL. (ke) (Entered: 10/15/2002)

Oct. 15, 2002
66

NOTICE of Hearing: STATUS CONFERENCE SET FOR 5/4/2004 10:00 AM IN JUDGE'S CHAMBERS BEFORE HONORABLE BERLE M. SCHILLER. (pc, ) (Entered: 04/21/2004)

April 21, 2004
67

Notice of STATUS CONFERENCE SET FOR 5/10/2004 at 8:30 AM IN JUDGE'S CHAMBERS BEFORE HONORABLE BERLE M. SCHILLER. (fdc) (Entered: 05/05/2004)

May 5, 2004
68

ORDER of USCA as to 63 Notice of Appeal, filed by FREDERICK L., NINA S., KEVIN C., STEVEN F. Re: Ordered and Adjudged by this Court that the judgment of the said District Court entered September 5, 2002, be, and the same is, hereby vacated and remanded. All of the above in accordance with the opinion of this Court. Set Flag CLOSED Cleared Flag APPEAL (fdc) (Entered: 05/07/2004)

May 6, 2004
69

ORDER THAT BY JUNE 11, 2004, DEFENDANTS SHALL MAKE A SUBMISSION TO THIS COURT IN ACCORDANCE WITH FREDERICK L. V, DEPARTMENT OF PUBLIC WELFARE, NO. 02 − 3721 (3RD CIR. APR. 13, 2004). BY JUNE 25, 2004, PLAINTIFFS SHALL RESPOND TO DEFENDANTS' SUBMISSION. SIGNED BY JUDGE BERLE M. SCHILLER ON 5/10/04. 5/10/04 ENTERED AND COPIES MAILED.(fdc) (Entered: 05/10/2004)

May 10, 2004
70

Post Remand Submission in Support of fundamental alteration defense by DEPARTMENT OF PUBLIC WELFARE OF THE COMMONWEALTH OF PENNSYLVANIA, FEATHER O. HOUSTOUN, Certificate of Service. (TESORO, CLAUDIA) Modified on 6/14/2004 (np). (Entered: 06/11/2004)

June 11, 2004
71

EXHIBITS TO POST REMAND SUBMISSION BY DEFENDANTS DEPARTMENT OF PUBLIC WELFARE OF THE COMMONWEALTH OF PENNSYLVANIA, FEATHER O. HOUSTOUN, CERTIFICATE OF SERVICE. (jpd). (Entered: 06/14/2004)

June 11, 2004
72

NOTICE by DEPARTMENT OF PUBLIC WELFARE OF THE COMMONWEALTH OF PENNSYLVANIA, FEATHER O. HOUSTOUN re 71 Exhibit −− Correction to Att. 7A , Certificate of Service. (TESORO, CLAUDIA)

June 15, 2004
74

Plaintiffs' Response to Defendants' Post − Remand Submission, Certificate of Service. (fdc) (Entered: 06/25/2004)

June 25, 2004
75

Memorandum in Further support of their 70 post − remand submission by DEPARTMENT OF PUBLIC WELFARE OF THE COMMONWEALTH OF PENNSYLVANIA, FEATHER O. HOUSTOUN, Certificate of Service. (TESORO, CLAUDIA) Modified on 7/15/2004 (fh, ). (Entered: 07/13/2004)

July 13, 2004
76

MEMORANDUM AND ORDER THAT JUDGMENT IS ENTERED IN FAVOR OF DEFENDANTS DEPARTMENT OF PUBLIC WELFARE, ET. AL. AND AGAINST PLAINTIFFS FREDERICK L., ET. AL. THE CLERK OF COURT IS DIRECTED TO CLOSE THIS CASE. SIGNED BY JUDGE BERLE M. SCHILLER ON 9/1/04. 9/1/04 ENTERED AND COPIES MAILED.(fdc) (Entered: 09/01/2004)

Sept. 1, 2004
77

NOTICE OF APPEAL as to 76 Judgment, by KEVIN C., STEVEN F., FREDERICK L., NINA S.. Filing fee $ 255, receipt number 909255. Copies to Judge, Clerk USCA, Appeals Clerk and CLAUDIA M. TESORO, HOWARD ULAN, Certificate of Service. (fdc) (Entered: 09/29/2004)

Sept. 29, 2004
78

Clerk's Notice to USCA re 77 Notice of Appeal: (fdc, ) (Entered: 09/29/2004)

Sept. 29, 2004

NOTICE of Docketing Record on Appeal from USCA re 77 Notice of Appeal filed by FREDERICK L., NINA S., KEVIN C., STEVEN F.. USCA Case Number 04 − 3859 (fdc, ) (Entered: 10/04/2004)

Oct. 4, 2004
79

Copy of TPO Form re 77 Notice of Appeal: (fdc, ) (Entered: 10/08/2004)

Oct. 8, 2004

RECORD COMPLETE FOR PURPOSES OF APPEAL. (mac, ) (Entered: 10/12/2004)

Oct. 12, 2004
80

ORDER of USCA as to 77 Notice of Appeal filed by FREDERICK L.,, NINA S.,, KEVIN C.,, STEVEN F. Re: Ordered and Adjudged by this Court that the judgment of the District Court entered 9/1/04, be, and the same is hereby vacated. The case will be remanded to the district court for further proceedings not inconsistent with this opinion. (fdc) (Entered: 11/02/2005)

Nov. 2, 2005
81

MOTION for Judgment as to Liability and to Schedule Proceedings on Remedy filed by FREDERICK L., NINA S., KEVIN C., STEVEN F..Memorandum, Certificate of Service. (Attachments: # 1 Text of Proposed Order)(MEEK, ROBERT) (Entered: 11/07/2005)

Nov. 7, 2005
82

RESPONSE to Motion re 81 MOTION for Judgment as to Liability and to Schedule Proceedings on Remedy filed by DEPARTMENT OF PUBLIC WELFARE OF THE COMMONWEALTH OF PENNSYLVANIA, FEATHER O. HOUSTOUN, Certificate of Service. (TESORO, CLAUDIA) Modified on 11/28/2005 (np). (Entered: 11/28/2005)

Nov. 28, 2005
83

ORDER THAT PLAINTIFFS' MOTION FOR ENTRY OF JUDGMENT AS TO LIABILITY AND TO SCHEDULE PROCEEDINGS ON REMEDY IS DENIED WITHOUT PREJUDICE; DEFENDANTS MUST INFORM THE COURT AND PLAINTIFFS FORTHWITH AS SOON AS DEFENDANTS HAVE DECIDED WHETHER TO FILE A PETITION FOR CERTIORARI, IF NO SUCH PETITION IS FILED THE COURT WILL THEN PROMPTLY SCHEDULE A STATUS CONFERENCE REGARDING FURTHER PROCEEDINGS. SIGNED BY JUDGE BERLE M. SCHILLER ON 11/29/05; 11/30/05 ENTERED AND COPIES MAILED AND FAXED.(tjd) (Entered: 11/30/2005)

Nov. 29, 2005
84

ORDER THAT A STATUS CONFERENCE WILL BE HELD ON 2/27/2006 10:00 AM IN ROOM 5614.. SIGNED BY JUDGE BERLE M. SCHILLER ON 1/30/06. 1/31/06 ENTERED AND COPIES MAILED AND E − MAILED.(lvj, )

Jan. 30, 2006
86

Minute Entry for proceedings held before Judge BERLE M. SCHILLER : Pretrial Conference held on 2/27/06. (fdc, ) (Entered: 02/27/2006)

Feb. 27, 2006
87

Report Of Defendants in Response to February 27, 2006 Order, Submitting Plan for Norristown State Hospital, by DEPARTMENT OF PUBLIC WELFARE OF THE COMMONWEALTH OF PENNSYLVANIA, FEATHER O. HOUSTOUN, Certificate of Service. (TESORO, CLAUDIA) Modified on 4/18/2006 (np). (Entered: 04/17/2006)

April 17, 2006
88

MOTION for Judgment in Favor of Plaintiffs and the Class and Response to Defendants' NSH Integration Plan filed by FREDERICK L., NINA S., KEVIN C., STEVEN F..Memorandum of Law, Certificate of Service. (Attachments: # 1 Text of Proposed Order)(MEEK, ROBERT) (Entered: 05/17/2006)

May 17, 2006
89

MOTION for Attorney Fees Litigation Expenses, and Costs filed by FREDERICK L., NINA S., KEVIN C., STEVEN F..Memorandum of Law, Certificate of Service. (Attachments: # 1 Text of Proposed Order # 2 Exhibits 1 − 3 in Support of Motion# 3 Exhibits 4 − 8 in Support of Motion)(MEEK, ROBERT) (Entered: 05/17/2006)

May 17, 2006
90

ORDER THAT ORAL ARGUMENT WITH REGARD TO THE NORRISTOWN STATE HOSPITAL INTEGRATION PLAN AND WHETHER OR NOT COUNSEL FEES ARE APPROPRIATE WILL BE HELD ON MONDAY, 6/5/2006 AT 10:30 AM IN COURTROOM BEFORE HONORABLE BERLE M. SCHILLER. SIGNED BY JUDGE BERLE M. SCHILLER ON 5/17/06. 5/17/06 ENTERED AND COPIES MAILED, E − MAILED.(fdc) (Entered: 05/17/2006)

May 17, 2006
91

RESPONSE in Opposition re 88 MOTION for Judgment in Favor of Plaintiffs and the Class and Response to Defendants' NSH Integration Plan filed by DEPARTMENT OF PUBLIC WELFARE OF THE COMMONWEALTH OF PENNSYLVANIA, FEATHER O. HOUSTOUN. (TESORO, CLAUDIA) (Entered: 06/05/2006)

June 5, 2006
92

RESPONSE in Opposition re 89 MOTION for Attorney Fees Litigation Expenses, and Costs filed by DEPARTMENT OF PUBLIC WELFARE OF THE COMMONWEALTH OF PENNSYLVANIA, FEATHER O. HOUSTOUN. (TESORO, CLAUDIA) (Entered: 06/05/2006)

June 5, 2006
93

Minute Entry for proceedings held before Judge BERLE M. SCHILLER : Oral Argument held on 6/5/06. (fdc) (Entered: 06/08/2006)

June 7, 2006
94

ORDER THAT THIS CASE IS REFERRED TO MAGISTRATE JUDGE JACOB HART FOR THE PURPOSE OF CONDUCTING A SETTLEMENT CONFERENCE; ETC.. SIGNED BY JUDGE BERLE M. SCHILLER ON 7/6/06. 7/6/06 ENTERED AND COPIES MAILED, E − MAILED.(jl, ) (Entered: 07/06/2006)

July 6, 2006
95

ORDER THAT A SETTLEMENT CONFERENCE IS SET FOR 9/12/2006 AT10:00 AM IN COURTROOM BEFORE MAGISTRATE JUDGE JACOB P. HART. SIGNED BY JUDGE JACOB P. HART ON 7/19/06. 7/19/06 ENTERED AND COPIES MAILED, E − MAILED.(fdc) (Entered: 07/19/2006)

July 19, 2006
96

TRANSCRIPT of Hearing on Counsel Fees held on 6/5/06 before Judge Schiller. (fdc) (Entered: 07/21/2006)

July 21, 2006
97

Minute Entry for proceedings held before Judge JACOB P. HART : Settlement Conference held on 9/12/06. (fdc, ) (Entered: 09/14/2006)

Sept. 14, 2006
98

STIPULATION of Dismissal by FREDERICK L., NINA S., KEVIN C., STEVEN F., DEPARTMENT OF PUBLIC WELFARE OF THE COMMONWEALTH OF PENNSYLVANIA, FEATHER O. HOUSTOUN. (MEEK, ROBERT) (Entered: 09/22/2006)

Sept. 22, 2006

State / Territory: Pennsylvania

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Olmstead Cases

Key Dates

Filing Date: Sept. 5, 2000

Closing Date: 2004

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A group of individuals with serious mental illnesses who were residents of a state-run 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

DEPARTMENT OF PUBLIC WELFARE OF THE COMMONWEALTH OF PENNSYLVANIA, State

FEATHER O. HOUSTOUN IN HER OFFICIAL CAPACITY AS SECRETARY OF PUBLIC WELFARE FOR THE COMMONWEALTH OF PENNSYLVANIA, State

Case Details

Causes of Action:

42 U.S.C. § 1983

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

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

Availably Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

Benefit Source:

Medicaid