Case: Disability Rights New Jersey v. Velez

3:08-cv-01858 | U.S. District Court for the District of New Jersey

Filed Date: April 16, 2008

Closed Date: Aug. 1, 2017

Clearinghouse coding complete

Case Summary

This is one of three identically named cases in the Clearinghouse. For the 2005 case challenging New Jersey's overuse of Conditional Extension Pending Placement (CEPP), see PB-NJ-0003. For the 2005 case generally challenging the unnecessary institutionalization of individuals with disabilities in New Jersey, which was settled together with this case, see PB-NJ-0007.On April 16, 2008, New Jersey Protection and Advocacy (NJP&A) filed this lawsuit under the Americans with Disabilities Act (ADA), S…

This is one of three identically named cases in the Clearinghouse. For the 2005 case challenging New Jersey's overuse of Conditional Extension Pending Placement (CEPP), see PB-NJ-0003. For the 2005 case generally challenging the unnecessary institutionalization of individuals with disabilities in New Jersey, which was settled together with this case, see PB-NJ-0007.

On April 16, 2008, New Jersey Protection and Advocacy (NJP&A) filed this lawsuit under the Americans with Disabilities Act (ADA), Section 504 of the Rehabilitation Act, and § 1983 against the state's Department of Human Services in the United States District Court for the District of New Jersey. The plaintiff, represented by private counsel, sought declaratory and injunctive relief regarding New Jersey's practice of wait-listing eligible citizens instead of providing them services. Specifically, the plaintiff asked the Court to direct the State to offer and provide home and community-based services with reasonable promptness to eligible individuals.

NJP&A, a non-profit corporation, is the federally funded agency designated to serve as New Jersey's protection and advocacy system for people with disabilities. The named plaintiffs were Medicaid recipients with disabilities. These individuals received services from the New Jersey Department of Human Services, Division of Developmental Disabilities and met the requirements for Medicaid's home and community-based waiver services (HCS). All of the individuals named in the Complaint would be able to live in less restrictive settings with waiver supports and services. Instead, they were all on a waitlist for services under the HCS program for years without notification of their status or how long they would have to wait.

On September 9, 2008, Judge Anne E. Thompson granted the state's Motion for a More Definite Statement and Motion to Strike. The court ordered the disclosure of the identities of the named plaintiffs (who had been identified with only initials in the Complaint) to the State. The court also ordered the plaintiffs to strike the statements of interested parties that had been included in the Complaint.

On March 10, 2009, the court issued an order notifying the Attorney General of the United States that the constitutionality of the Americans with Disabilities Act and Section 504 of the Rehabilitation Act had been called into question in this case. The order required the United States to file a request with the court if it wished to intervene. The United States did so on May 18, 2009.

The court denied the State's motion to dismiss on July 23, 2009. The court found that the plaintiffs had standing to bring suit and that the State's 11th Amendment arguments were inapposite.

After a long period of discovery and concurrent settlement negotiations, the parties ultimately agreed to a settlement in December 2012, which was entered by the court upon the case's dismissal in March 2013. The settlement agreement resolved both this case and the longstanding Olmstead case challenging New Jersey's unnecessary institutionalization of individuals with developmental disabilities (PB-NJ-0007).

Through this agreement, the State agreed to discharge all community-eligible individuals from institutions by 2017 (approximately 600 people) and expand community-based services as alternatives to institutional placements. The State also increased screening and diversion services for those who are slated for placement in an institution. The agreement included funding for a consultant to assist in implementing the agreement and allowed for Disability Rights New Jersey to serve as a monitor. The defendants agreed to pay the plaintiffs $700,000 for attorneys' fees and costs incurred in the litigation. As of November 2018, it was not clear from the docket whether the monitoring period had continued past 2017. The case is now closed.

Summary Authors

Haley Waller (4/7/2011)

Andrew Junker (10/23/2014)

Eva Richardson (11/21/2018)

Related Cases

Disability Rights New Jersey v. Velez, District of New Jersey (2005)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5747717/parties/disability-rights-new-jersey-inc-v-velez/


Attorneys(s) for Plaintiff

Cooney, Bernard J. (New Jersey)

Dwyer, William Emmett (New Jersey)

Gibson, William (New Jersey)

Stio, Angelo A. III (Pennsylvania)

Thompson, R. Scott (New Jersey)

Attorneys(s) for Defendant

Hughes, Gerard Andrew (New Jersey)

Kalik, Lance J. (New Jersey)

Liss, Brenda C. (New Jersey)

Other Attorney(s)

Active

Active

Attorneys(s) for Plaintiff

Cooney, Bernard J. (New Jersey)

Dwyer, William Emmett (New Jersey)

Gibson, William (New Jersey)

Stio, Angelo A. III (Pennsylvania)

Thompson, R. Scott (New Jersey)

Attorneys(s) for Defendant

Hughes, Gerard Andrew (New Jersey)

Kalik, Lance J. (New Jersey)

Liss, Brenda C. (New Jersey)

Other Attorney(s)

Marra, Ralph J. (District of Columbia)

Ruymann, John Andrew (District of Columbia)

Documents in the Clearinghouse

Document

3:08-cv-01858

Docket

Disability Rights New Jersey, Inc. v. New Jersey

March 6, 2013

March 6, 2013

Docket
1

3:08-cv-01858

COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF

New Jersey Protection and Advocacy v. Velez

April 16, 2008

April 16, 2008

Complaint
15

3:08-cv-01858

MEMORANDUM & ORDER

New Jersey Protection and Advocacy v. Velez

2008 WL 4192068

Sept. 9, 2008

Sept. 9, 2008

Order/Opinion
16

3:08-cv-01858

FIRST AMENDED COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF

New Jersey Protection and Advocacy v. Velez

Sept. 26, 2008

Sept. 26, 2008

Complaint
30

3:08-cv-01858

ORDER CERTIFIYING TO THE ATTORNEY GENERAL OF THE UNITED STATES A CHALLENGE TO THE CONSTITUTIONALITY OF AN ACT OF CONGRESS

New Jersey Protection and Advocacy v. Velez

March 10, 2009

March 10, 2009

Order/Opinion
33

3:08-cv-01858

CONSENT ORDER EXTENDING TIME TO SERVE AND FILE NOTICE OF INTERVENTION

New Jersey Protection and Advocacy v. Velez

April 8, 2009

April 8, 2009

Order/Opinion
35

3:08-cv-01858

UNITED STATES’ NOTICE OF INTERVENTION PURSUANT TO 28 U.S.C. 2403(a)

New Jersey Protection and Advocacy v. Velez

May 18, 2009

May 18, 2009

Pleading / Motion / Brief
36

3:08-cv-01858

BRIEF OF THE UNITED STATES AS INTERVENOR IN SUPPORT OF THE CONSTITUTIONALITY OF SECTION 504 OF THE REHABILITATION ACT AND TITLE II OF THE AMERICANS WITH DISABILITIES ACT

New Jersey Protection and Advocacy v. Velez

June 29, 2009

June 29, 2009

Pleading / Motion / Brief
37

3:08-cv-01858

MEMORANDUM AND ORDER

New Jersey Protection and Advocacy v. Velez

July 23, 2009

July 23, 2009

Order/Opinion
90

3:08-cv-01858

Settlement Agreement

March 4, 2013

March 4, 2013

Settlement Agreement

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5747717/disability-rights-new-jersey-inc-v-velez/

Last updated June 7, 2022, 3:16 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against JENNIFER VELEZ ( Filing fee $ 350 receipt number 1955140.), filed by NEW JERSEY PROTECTION AND ADVOCACY, INC.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exh. C, # 4 Exh. D, # 5 Exh. E, # 6 Exh. F, # 7 Exh. G, # 8 H, # 9 Exhibit I)(tp ) (Entered: 04/17/2008)

April 16, 2008

April 16, 2008

PACER
2

Corporate Disclosure Statement by NEW JERSEY PROTECTION AND ADVOCACY, INC.. (tp ) (Entered: 04/17/2008)

April 16, 2008

April 16, 2008

PACER
3

Summons Issued as to JENNIFER VELEZ. Days Due - 20. Mailed to attorney. (tp ) (Entered: 04/17/2008)

April 17, 2008

April 17, 2008

PACER
4

NOTICE of Appearance by BERNARD JOHN COONEY on behalf of NEW JERSEY PROTECTION AND ADVOCACY, INC. (COONEY, BERNARD) (Entered: 04/23/2008)

April 23, 2008

April 23, 2008

PACER
5

NOTICE of Appearance by WILLIAM EMMETT DWYER on behalf of NEW JERSEY PROTECTION AND ADVOCACY, INC. (DWYER, WILLIAM) (Entered: 04/24/2008)

April 24, 2008

April 24, 2008

PACER
6

CERTIFICATE OF SERVICE by NEW JERSEY PROTECTION AND ADVOCACY, INC. (COONEY, BERNARD) (Entered: 05/01/2008)

May 1, 2008

May 1, 2008

PACER
7

Application and Proposed Order for Clerk's Order to extend time to answer Attorney GERARD ANDREW HUGHES and GERARD ANDREW HUGHES for JENNIFER VELEZ added. (HUGHES, GERARD) (Entered: 05/07/2008)

May 7, 2008

May 7, 2008

PACER
8

NOTICE of Appearance by MARY STEPHANIE BEATY on behalf of JENNIFER VELEZ (BEATY, MARY) (Entered: 05/07/2008)

May 7, 2008

May 7, 2008

PACER
9

NOTICE of Appearance by KIMBERLY E. JENKINS on behalf of JENNIFER VELEZ (JENKINS, KIMBERLY) (Entered: 05/08/2008)

May 8, 2008

May 8, 2008

PACER

CLERKS QUALITY CONTROL MESSAGE - The 7 PROPOSED ORDER submitted by D. DAUENHEIMER on 5/7/2008 must be executed by a Judicial Officer before filing. Please forward to the appropriate Judicial Officer in accordance with his/her preferred practice OR ATTACHED IT TO THE 6 BRIEF IN SUPPORT. This submission will remain on the docket unless otherwise ordered by the court. This message is for informational purposes only. (ss, )

May 8, 2008

May 8, 2008

PACER

CLERKS TEXT ORDER - The Application for a Clerks Order Extending Time to Answer - Document # 7 submitted by G. HUGHES on 5/7/2008 has been GRANTED. The answer due date has been set for 5/28/2008. (ss, )

May 8, 2008

May 8, 2008

PACER
10

First MOTION for More Definite Statement, First MOTION to Strike 1 Complaint, by JENNIFER VELEZ. Responses due by 6/23/2008 (Attachments: # 1 Brief, # 2 Certification of Counsel, # 3 Certificate of Service, # 4 Text of Proposed Order)(BEATY, MARY) (Entered: 05/28/2008)

May 28, 2008

May 28, 2008

PACER

Set Deadlines as to 10 First MOTION for More Definite StatementFirst MOTION to Strike 1 Complaint,First MOTION to Strike 1 Complaint,. Motion Hearing set for 7/7/2008 10:00 AM before Magistrate Judge John J. Hughes. (PLEASE NOTE THAT PURSUANT TO FED. R. CIV. P. 78 AND LOCAL RULE 7.1 (B)(4), NO ORAL ARGUMENT WILL BE HELD IN THIS MATTER AND PARTIES SHOULD NOT APPEAR UNLESS SPECIFICALLY DIRECTED TO DO SO BY THE COURT) (ss, )

May 30, 2008

May 30, 2008

PACER
11

BRIEF in Opposition re 10 First MOTION for More Definite StatementFirst MOTION to Strike 1 Complaint,First MOTION to Strike 1 Complaint, filed by NEW JERSEY PROTECTION AND ADVOCACY, INC.. (THOMPSON, R.) (Entered: 06/23/2008)

June 23, 2008

June 23, 2008

PACER
12

BRIEF in Opposition re 10 First MOTION for More Definite StatementFirst MOTION to Strike 1 Complaint,First MOTION to Strike 1 Complaint, filed by NEW JERSEY PROTECTION AND ADVOCACY, INC.. (Attachments: # 1 Certificate of Service, # 2 Affidavit, # 3 Exhibit, # 4 Case, # 5 Case, # 6 Case, # 7 Case, # 8 Case, # 9 Case, # 10 Case)(THOMPSON, R.) (Entered: 06/23/2008)

June 23, 2008

June 23, 2008

PACER
13

CLERKS QUALITY CONTROL MESSAGE - The 11 Brief in opposition to motion submitted by R. Thompson on 6/23/2008 did not contain a proper electronic signature (s/). PLEASE RESUBMIT THE DOCUMENT WITH THE PROPER ELECTRONIC SIGNATURE (s/ Attorneys Name.) This submission will remain on the docket unless otherwise ordered by the court.. (ss, ) (Entered: 06/24/2008)

June 24, 2008

June 24, 2008

PACER
14

Letter from DAG Beaty in reply to opposition to motion for more definite statement re 12 Brief in Opposition to Motion,. (BEATY, MARY) (Entered: 06/30/2008)

June 30, 2008

June 30, 2008

PACER
15

MEMORANDUM and ORDER granting 10 Motion for More Definite Statement; granting 10 Motion to Strike Signed by Judge Anne E. Thompson on 8/26/2008. (ss, ) (Entered: 09/09/2008)

Sept. 9, 2008

Sept. 9, 2008

RECAP
16

AMENDED COMPLAINT against JENNIFER VELEZ, filed by NEW JERSEY PROTECTION AND ADVOCACY, INC.. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Summons, # 9 Corporate Disclosure Statement)(COONEY, BERNARD) (Additional attachment(s) added on 9/29/2008: # 10 Complaint Signature page) (mmh) (Entered: 09/26/2008)

Sept. 26, 2008

Sept. 26, 2008

PACER

CLERK'S QUALITY CONTROL MESSAGE: This message is for future reference. Counsel please be advised when filing a Corporate Disclosure Statement it should be filed as a separate document and not an attachment. In the future please file using the event Corporate Disclosure Statement found under Civil - Other Filings - Other Documents. (mmh)

Sept. 29, 2008

Sept. 29, 2008

PACER
17

Application and Proposed Order for Clerk's Order to extend time to answer as to Amended Complaint.. (BEATY, MARY) (Entered: 10/10/2008)

Oct. 10, 2008

Oct. 10, 2008

PACER

CLERKS TEXT ORDER - The Application for a Clerks Order Extending Time to Answer - Document # 17 submitted by M. Beaty on 10/10/2008 has been GRANTED. The answer due date has been set for 10/31/2008. (ss, )

Oct. 14, 2008

Oct. 14, 2008

PACER
18

First MOTION for Extension of Time to File Answer re 16 Amended Complaint, by JENNIFER VELEZ. (Attachments: # 1 Certificate of Service, # 2 Declaration of Counsel, # 3 Statement no brief necessary, # 4 Text of Proposed Order)(BEATY, MARY) (Entered: 10/30/2008)

Oct. 30, 2008

Oct. 30, 2008

PACER

Set Deadlines as to 18 First MOTION for Extension of Time to File Answer re 16 Amended Complaint,. Motion set for 12/1/2008 will be decided on the papers by Magistrate Judge John J. Hughes. No appearance required unless notified by the Court. (ss, )

Oct. 31, 2008

Oct. 31, 2008

PACER
19

ORDER granting 18 Motion for Extension of Time for dft. to Answer for 30 days Signed by Magistrate Judge John J. Hughes on 12/1/2008. (ss, ) (Entered: 12/02/2008)

Dec. 1, 2008

Dec. 1, 2008

PACER
20

First MOTION to Dismiss First Amended Complaint by JENNIFER VELEZ. Responses due by 1/20/2009 (Attachments: # 1 Brief, # 2 Certificate of Service, # 3 Text of Proposed Order)(JENKINS, KIMBERLY) (Entered: 12/31/2008)

Dec. 31, 2008

Dec. 31, 2008

PACER

Set Deadlines as to 20 First MOTION to Dismiss First Amended Complaint. Motion set for 2/2/2009 before Judge Anne E. Thompson. The motion will be decided on the papers. No appearances required unless notified by the court. (lk)

Jan. 5, 2009

Jan. 5, 2009

PACER
21

Letter from Bernard J. Cooney. (COONEY, BERNARD) (Entered: 01/06/2009)

Jan. 6, 2009

Jan. 6, 2009

PACER

Re-Set Deadlines as to 20 First MOTION to Dismiss First Amended Complaint. Motion set for 2/17/2009 before Judge Anne E. Thompson. The motion will be decided on the papers. No appearances required unless notified by the court. (ss, )

Jan. 21, 2009

Jan. 21, 2009

PACER
22

Letter from Bernard J. Cooney. (COONEY, BERNARD) (Entered: 01/21/2009)

Jan. 21, 2009

Jan. 21, 2009

PACER
23

ORDER extending time for pltf. to file opposition brief to 2/16/2009 Signed by Judge Anne E. Thompson on 1/23/2009. (ss, ) (Entered: 01/28/2009)

Jan. 26, 2009

Jan. 26, 2009

PACER
24

RESPONSE in Opposition re 20 First MOTION to Dismiss First Amended Complaint filed by NEW JERSEY PROTECTION AND ADVOCACY, INC.. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit)(THOMPSON, R.) (Entered: 02/16/2009)

Feb. 16, 2009

Feb. 16, 2009

PACER
25

Letter from Kimberly E. Jenkins, DAG re 20 First MOTION to Dismiss First Amended Complaint. (JENKINS, KIMBERLY) (Entered: 02/23/2009)

Feb. 23, 2009

Feb. 23, 2009

PACER
26

Letter from Kimberly E. Jenkins, DAG re 23 Order, 20 First MOTION to Dismiss First Amended Complaint, 24 Response in Opposition to Motion,. (JENKINS, KIMBERLY) (Entered: 02/23/2009)

Feb. 23, 2009

Feb. 23, 2009

PACER
27

Letter from Bernard J. Cooney. (COONEY, BERNARD) (Entered: 02/23/2009)

Feb. 23, 2009

Feb. 23, 2009

PACER
29

ORDER extending time for dft. to file certain reply papers to 3/16/2009 Signed by Judge Anne E. Thompson on 2/27/2009. (ss, ) (Entered: 03/04/2009)

March 3, 2009

March 3, 2009

PACER
28

ORDER directing Mr. Cooney to submit a proposed form of notice to be sent to the Department of Justice per the 27 letter by 3/9/2009 Signed by Judge Anne E. Thompson on 3/3/2009. (ss, ) (Entered: 03/04/2009)

March 4, 2009

March 4, 2009

PACER
30

ORDER certifying to the Attorney General of the United States a challenge to the constitutionality of an act of Congress Signed by Judge Anne E. Thompson on 3/9/2009. (ss, ) (Entered: 03/10/2009)

March 10, 2009

March 10, 2009

PACER
31

REPLY BRIEF to Opposition to Motion re 20 First MOTION to Dismiss First Amended Complaint filed by JENNIFER VELEZ. (Attachments: # 1 Certificate of Service)(JENKINS, KIMBERLY) (Entered: 03/16/2009)

March 16, 2009

March 16, 2009

PACER
32

Letter from Kimberly E. Jenkins. (JENKINS, KIMBERLY) (Entered: 03/20/2009)

March 20, 2009

March 20, 2009

PACER

Case Reassigned to Magistrate Judge Lois H. Goodman. (jjq, )

March 31, 2009

March 31, 2009

PACER
33

CONSENT ORDER extending time to serve Notice of Intervention on or before 5/11/2009 Signed by Judge Anne E. Thompson on 4/8/2009. (ss, ) (Entered: 04/08/2009)

April 8, 2009

April 8, 2009

PACER
34

SECOND CONSENT ORDER extending time to serve and file notice of intervention Signed by Judge Anne E. Thompson on 5/11/2009. (ss, ) (Entered: 05/14/2009)

May 12, 2009

May 12, 2009

PACER
35

NOTICE by UNITED STATES OF AMERICA to Intervene Pursuant to 28 U.S.C. 2403(a) (Attachments: # 1 Certificate of Service)(RUYMANN, JOHN) (Entered: 05/18/2009)

May 18, 2009

May 18, 2009

PACER
36

BRIEF of the United States as Intervenor in Support of the Constitutionality of Section 504 of the Rehabilitation Act and Title II of the Americans with Disabilities Act filed by UNITED STATES OF AMERICA. (Attachments: # 1 Certificate of Service)(RUYMANN, JOHN) (Entered: 06/29/2009)

June 29, 2009

June 29, 2009

PACER
37

MEMORANDUM AND ORDER denying 20 Motion to Dismiss Signed by Judge Anne E. Thompson on 7/20/2009. (ss, ) (Entered: 07/23/2009)

July 23, 2009

July 23, 2009

RECAP
38

Letter from Kimberly E. Jenkins, DAG re 16 Amended Complaint,. (JENKINS, KIMBERLY) (Entered: 07/27/2009)

July 27, 2009

July 27, 2009

PACER
39

LETTER ORDER that Deft's answer to the First Amended Complaint is due on 8/24/2009. Signed by Judge Anne E. Thompson on 7/28/2009. (mmh) (Entered: 07/29/2009)

July 29, 2009

July 29, 2009

PACER
40

First ANSWER to Amended Complaint by JENNIFER VELEZ.(HUGHES, GERARD) (Entered: 08/24/2009)

Aug. 24, 2009

Aug. 24, 2009

PACER
41

ORDER, Initial Conference set for 11/9/2009 02:00 AM before Magistrate Judge Lois H. Goodman Signed by Magistrate Judge Lois H. Goodman on 8/26/2009. (ss, ) (Entered: 08/26/2009)

Aug. 26, 2009

Aug. 26, 2009

PACER
42

Letter from Bernard J. Cooney. (Attachments: # 1 Text of Proposed Order, # 2 Text of Proposed Order)(COONEY, BERNARD) (Entered: 11/02/2009)

Nov. 2, 2009

Nov. 2, 2009

PACER

Text Minute Entry for proceedings held before Magistrate Judge Lois H. Goodman: Initial Pretrial Conference held on 11/9/2009. (ij, )

Nov. 9, 2009

Nov. 9, 2009

PACER
43

PRETRIAL SCHEDULING ORDER: Telephone Status Conference set for 2/23/2010 09:30 AM before Magistrate Judge Lois H. Goodman. Fact Discovery due by 11/30/2010. Motions to amend/join new parties due by 9/24/2010; returnable 10/18/2010. Signed by Magistrate Judge Lois H. Goodman on 11/16/2009. (mmh) (Entered: 11/18/2009)

Nov. 18, 2009

Nov. 18, 2009

PACER
44

NOTICE of Appearance by JAMES BRADFORD MC ILVAIN on behalf of JENNIFER VELEZ (Attachments: # 1 Certificate of Service)(MC ILVAIN, JAMES) (Entered: 11/19/2009)

Nov. 19, 2009

Nov. 19, 2009

PACER
45

Letter from Bernard J. Cooney re 42 Letter. (Attachments: # 1 Affidavit, # 2 Affidavit)(COONEY, BERNARD) (Entered: 11/23/2009)

Nov. 23, 2009

Nov. 23, 2009

PACER
46

PROTECTIVE ORDER Signed by Magistrate Judge Lois H. Goodman on 12/2/2009. (ss, ) (Entered: 12/03/2009)

Dec. 3, 2009

Dec. 3, 2009

PACER
47

STIPULATION AND ORDER to amend caption Signed by Magistrate Judge Lois H. Goodman on 10/29/2009. (ss, ) (Entered: 12/03/2009)

Dec. 3, 2009

Dec. 3, 2009

PACER

Text Minute Entry for proceedings held before Magistrate Judge Lois H. Goodman: Telephone Conference held on 2/23/2010. (ij, )

Feb. 23, 2010

Feb. 23, 2010

PACER
48

LETTER ORDER directing counsel for pltf. to provide a proposal for the resolution of this matter by 3/15/2010 and scheduling a teleconference for 5/18/2010 @ 9:30am Signed by Magistrate Judge Lois H. Goodman on 2/24/10. (ss, ) (Entered: 02/24/2010)

Feb. 24, 2010

Feb. 24, 2010

PACER
49

NOTICE of Change of Address by JAMES BRADFORD MC ILVAIN (Attachments: # 1 Certificate of Service)(MC ILVAIN, JAMES) (Entered: 03/12/2010)

March 12, 2010

March 12, 2010

PACER
50

Letter from J. Bradford McIlvain, Esquire. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(MC ILVAIN, JAMES) (Entered: 04/12/2010)

April 12, 2010

April 12, 2010

PACER
51

Letter from Bernard J. Cooney. (Attachments: # 1 Exhibit)(COONEY, BERNARD) (Entered: 04/15/2010)

April 15, 2010

April 15, 2010

PACER

ATTENTION COUNSEL: The Conference Call scheduled for May 18, 2010 has been RESCHEDULED to May 20, 2010 at 9:30 a.m. Defendant's counsel to initiate the call at that time. (ij, )

April 19, 2010

April 19, 2010

PACER
52

Letter from J. Bradford McIlvain. (MC ILVAIN, JAMES) (Entered: 04/19/2010)

April 19, 2010

April 19, 2010

PACER
53

NOTICE of Appearance by NATALIE D'AMORA on behalf of JENNIFER VELEZ (D'AMORA, NATALIE) (Entered: 05/04/2010)

May 4, 2010

May 4, 2010

PACER
54

NOTICE of Appearance by ALISON PRICE CORBIN on behalf of DISABILITY RIGHTS NEW JERSEY, INC. (Attachments: # 1 Certificate of Service)(CORBIN, ALISON) (Entered: 05/14/2010)

May 14, 2010

May 14, 2010

PACER

Text Minute Entry for proceedings held before Magistrate Judge Lois H. Goodman: Telephone Conference held on 5/20/2010. (ij, )

May 20, 2010

May 20, 2010

PACER

Text Minute Entry for proceedings held before Magistrate Judge Lois H. Goodman: Telephone Conference held on 5/27/2010. (ij, )

May 27, 2010

May 27, 2010

PACER
55

ORDER confirming matters discussed during teleconference 5/20/2010 and setting scheduling conference for 9/3/2010 @ 11:30am Signed by Magistrate Judge Lois H. Goodman on 6/7/2010. (ss, ) (Entered: 06/08/2010)

June 8, 2010

June 8, 2010

PACER

Text Minute Entry for proceedings held before Magistrate Judge Lois H. Goodman: Telephone Conference held on 9/3/2010. (ij, )

Sept. 3, 2010

Sept. 3, 2010

PACER
56

SCHEDULING ORDER: Telephone Conference set for 1/13/2011 09:30 AM before Magistrate Judge Lois H. Goodman. Discovery due by 12/31/2010. Motions due by 5/27/2010. Signed by Magistrate Judge Lois H. Goodman on 9/22/2010. (ss, ) (Entered: 09/22/2010)

Sept. 22, 2010

Sept. 22, 2010

PACER
57

NOTICE of Appearance by AMIT SONDHI on behalf of DISABILITY RIGHTS NEW JERSEY, INC. (Attachments: # 1 Certificate of Service)(SONDHI, AMIT) (Entered: 10/18/2010)

Oct. 18, 2010

Oct. 18, 2010

PACER

ATTENTION COUNSEL: Conference Call set for December 6, 2010 at 2:30 p.m. with Magistrate Judge Lois H. Goodman. Plaintiff's counsel to initiate the call at that time. (ij, )

Nov. 30, 2010

Nov. 30, 2010

PACER

Text Minute Entry for proceedings held before Magistrate Judge Lois H. Goodman: Telephone Conference held on 12/6/2010. (ij, )

Dec. 6, 2010

Dec. 6, 2010

PACER
58

STIPULATION REGARDING DISCOVERY by JENNIFER VELEZ. (MC ILVAIN, JAMES) (Entered: 12/14/2010)

Dec. 14, 2010

Dec. 14, 2010

PACER

ATTENTION COUNSEL: The Telephone Conference scheduled for January 13, 2011 at 9:30 a.m. with Magistrate Judge Lois H. Goodman has been RESCHEDULED to take place at 10:30 a.m. (ij, )

Jan. 11, 2011

Jan. 11, 2011

PACER

Text Minute Entry for proceedings held before Magistrate Judge Lois H. Goodman: Telephone Conference held on 1/13/2011. (ij, )

Jan. 13, 2011

Jan. 13, 2011

PACER
59

ORDER setting certain discovery deadlines. Telephone Scheduling Conference set for 3/25/2011 02:00 PM Magistrate Judge Lois H. Goodman. Fact Discovery due by 2/25/2011. Dispositive Motions due by 8/12/2011. Signed by Magistrate Judge Lois H. Goodman on 1/25/2011. (mmh) (Entered: 01/26/2011)

Jan. 26, 2011

Jan. 26, 2011

PACER

Text Minute Entry for proceedings held before Magistrate Judge Lois H. Goodman: Telephone Conference held on 3/25/2011. (ij, )

March 25, 2011

March 25, 2011

PACER
60

STIPULATION re 58 Stipulation by DISABILITY RIGHTS NEW JERSEY, INC.. (COONEY, BERNARD) (Entered: 03/28/2011)

March 28, 2011

March 28, 2011

PACER
61

TEXT ORDER setting a Telephone Conference for May 18, 2011 at 9:30 a.m. with Magistrate Judge Lois H. Goodman. Plaintiff's counsel to initiate the call at that time. Ordered by Magistrate Judge Lois H. Goodman on 3/29/11. (ij, ) (Entered: 03/29/2011)

March 29, 2011

March 29, 2011

PACER
62

LETTER ORDER granting Counsel's request for certain deadlines to be extended; however the 5/18/2011 Telephone Conference is to take place as planned; Dispositive Motions due by 9/30/2011. Signed by Magistrate Judge Lois H. Goodman on 4/12/2011. (eaj) Modified on 4/13/2011 (ij). (Entered: 04/12/2011)

April 12, 2011

April 12, 2011

PACER

Text Minute Entry for proceedings held before Magistrate Judge Lois H. Goodman: Telephone Conference held on 5/18/2011. (ij, )

May 18, 2011

May 18, 2011

PACER
63

AMENDED SCHEDULING ORDER: Telephone Status Conference set for 6/21/2011 at 02:30 PM before Magistrate Judge Lois H. Goodman, Defendant is to initiate the call; Dispositive Motions due by 10/18/2011. Signed by Magistrate Judge Lois H. Goodman on 5/24/2011. (eaj) (Entered: 05/25/2011)

May 25, 2011

May 25, 2011

PACER

ATTENTION COUNSEL: The Telephone Conference scheduled for June 21, 2011 has been RESCHEDULED to June 20, 2011 at 12:30 p.m. with Magistrate Judge Lois H. Goodman. (ij, )

June 17, 2011

June 17, 2011

PACER
64

Substitution of Attorney - Attorney NATALIE D'AMORA and JAMES BRADFORD MC ILVAIN terminated. Attorney LANCE J. KALIK for JENNIFER VELEZ added.. (KALIK, LANCE) (Entered: 06/17/2011)

June 17, 2011

June 17, 2011

PACER

Text Minute Entry for proceedings held before Magistrate Judge Lois H. Goodman: Telephone Conference held on 6/20/2011. (ij, )

June 20, 2011

June 20, 2011

PACER
65

LETTER ORDER: Resetting certain Scheduling Order deadlines; Telephone Status Conference set for 9/13/2011 09:30 AM before Magistrate Judge Lois H. Goodman. Dispositive Motions due by 11/23/2011. Signed by Magistrate Judge Lois H. Goodman on 6/30/2011. (mmh) (Entered: 06/30/2011)

June 30, 2011

June 30, 2011

PACER
66

AMENDED SCHEDULING ORDER:Dispositive Motions due by 11/23/2011, shall be returnable 1/17/2012. Signed by Magistrate Judge Lois H. Goodman on 8/19/2011. (eaj) (Entered: 08/22/2011)

Aug. 22, 2011

Aug. 22, 2011

PACER

Text Minute Entry for proceedings held before Magistrate Judge Lois H. Goodman: Telephone Conference held on 9/13/2011. (ij, )

Sept. 13, 2011

Sept. 13, 2011

PACER
67

ORDER granting Plaintiffs request to extend the briefing schedule for dispositive motions as follows: Dispositive Motions due 12/21/2011; Opposition due 1/23/2012; reply in further support due 2/26/2012; made returnable 2/21/2012. Signed by Magistrate Judge Lois H. Goodman on 11/9/2011. (eaj) (Entered: 11/09/2011)

Nov. 9, 2011

Nov. 9, 2011

PACER
68

LETTER ORDER that Dispositive Motions shall be filed by 1/13/2012; Opposition 2/3/2012; Reply to Opposition 2/17/2012; Motions returnable 2/21/2012. Signed by Magistrate Judge Lois H. Goodman on 12/20/2011. (eaj) Modified on 12/21/2011 (eaj, ). (Entered: 12/20/2011)

Dec. 20, 2011

Dec. 20, 2011

PACER
69

LETTER ORDER that Dispositive Motions are due by 1/27/2012; Opposition due by 2/17/2012 and Reply due by 3/2/2012. Signed by Magistrate Judge Lois H. Goodman on 1/13/2012. (mmh) (Entered: 01/13/2012)

Jan. 13, 2012

Jan. 13, 2012

PACER
70

LETTER ORDER extending the deadline to file dispositive motions until 2/10/2012, returnable 3/5/2012; Counsel are to report by joint submission on the status by 2/7/2012. Signed by Magistrate Judge Lois H. Goodman on 1/25/2012. (eaj) (Entered: 01/25/2012)

Jan. 25, 2012

Jan. 25, 2012

PACER
71

LETTER ORDER granting counsel a 2 week extension to file summary judgment motions; Initial Briefs are due 2/24/2012, Opposition due 3/9/2012, Reply Briefs due 3/26/2012, Returnable 4/2/2012; Counsel are to report on the status by no later than 2/17/2012. Signed by Magistrate Judge Lois H. Goodman on 2/8/2012. (eaj) (Entered: 02/08/2012)

Feb. 8, 2012

Feb. 8, 2012

PACER
72

Letter from Lance Kalik. (KALIK, LANCE) (Entered: 02/17/2012)

Feb. 17, 2012

Feb. 17, 2012

PACER
73

LETTER ORDER that the request for a stay is granted; that the parties are to update the Court by 3/30/2012 regarding status of the settlement. Signed by Magistrate Judge Lois H. Goodman on 2/23/2012. (gxh) (Entered: 02/23/2012)

Feb. 23, 2012

Feb. 23, 2012

PACER
74

Letter from Lance J. Kalik. (KALIK, LANCE) (Entered: 03/30/2012)

March 30, 2012

March 30, 2012

PACER
75

LETTER ORDER granting counsel's request for an additional 30-day stay of the deadlines. Signed by Magistrate Judge Tonianne J. Bongiovanni on 4/2/2012. (gxh) (Entered: 04/02/2012)

April 2, 2012

April 2, 2012

PACER

CLERK'S QUALITY CONTROL MESSAGE - This message is in reference to the 75 LETTER ORDER filed on 4/2/2012. Please be advised that although Civil Action No. 08-1858 is referenced on the Letter Order, this Letter Order was intended for Civil Action 05-4723 only. Please disregard this filing. (gxh)

April 2, 2012

April 2, 2012

PACER

Case Details

State / Territory: New Jersey

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Olmstead Cases

Key Dates

Filing Date: April 16, 2008

Closing Date: Aug. 1, 2017

Case Ongoing: No

Plaintiffs

Plaintiff Description:

New Jersey Protection and Advocacy and individuals with disabilities eligible for community-based services

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

Commissioner of the New Jersey Department of Human Services (Trenton), State

Defendant Type(s):

Hospital/Health Department

Jurisdiction-wide

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

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 700,000

Order Duration: 2013 - 2017

Content of Injunction:

Monitor/Master

Monitoring

Reasonable Accommodation

Issues

General:

Deinstitutionalization/decarceration

Habilitation (training/treatment)

Individualized planning

Placement in mental health facilities

Reasonable Accommodations

Reassessment and care planning

Rehabilitation

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

Integrated setting

Least restrictive environment

Mental impairment

Mental Disability:

Intellectual/developmental disability, unspecified

Medical/Mental Health:

Medical care, general

Medical care, unspecified

Type of Facility:

Non-government for profit

Benefit Source:

Medicaid