Case: Martin v. Ohio Governor

2:89-cv-00362 | U.S. District Court for the Southern District of Ohio

Filed Date: April 27, 1989

Closed Date: 2007

Clearinghouse coding complete

Case Summary

On April 27, 1989, a lawsuit was filed on behalf of individuals with developmental disabilities under the Americans with Disabilities Act (ADA) and the Rehabilitation Act against various Ohio state officials in the United States District Court for the Southern District of Ohio. Plaintiffs, represented by legal services, asked the Court for declaratory and injunctive relief, claiming that the state was providing appropriate community-based services.On March 21, 1990, the Court certified a class…

On April 27, 1989, a lawsuit was filed on behalf of individuals with developmental disabilities under the Americans with Disabilities Act (ADA) and the Rehabilitation Act against various Ohio state officials in the United States District Court for the Southern District of Ohio. Plaintiffs, represented by legal services, asked the Court for declaratory and injunctive relief, claiming that the state was providing appropriate community-based services.

On March 21, 1990, the Court certified a class consisting of: all "developmentally disabled Ohioans who are, or will be, in need of community housing and services which are normalized, home-like and integrated, and a subclass who, in addition to being members of the class, are, or will be, Medicaid recipients."

On December 14, 1993, the Court (Judge George C. Smith) declined to dismiss Plaintiffs' complaint. Martin v. Voinovich, 840 F. Supp. 1175 (S.D. Ohio 1993).

On December 11, 1992, the District Court appointed local civil rights attorney Benson A. Wolman to serve as a Mediator in the case. During the months that followed, until July 1993, the Mediator conducted intense settlement negotiations with the parties in an attempt to resolve the case. When the case did not settle, the plaintiffs filed their second amended class action complaint on August 17, 1993. Defendants moved to dismiss the action on September 23, 1993.

On December 14, 1993, the District Court (Judge George C. Smith) denied defendants' motion in part and granted in part. Judge Smith held that: (1) plaintiffs stated causes of action for violation of Rehabilitation Act and ADA, Developmental Disabilities Act, of due process and equal protection. He further held that the Medicaid statutes and regulations created a right, enforceable under § 1983, that inspections of intermediate care facilities for those with intellectual disabilities take place. Martin v. Voinovich, 840 F.Supp. 1175 (S.D. Ohio 1993).

Discovery continued until the parties agreed to another attempt at settlement in August 1996. Discovery was stayed during negotiations which lasted over two years. On December 13, 1999, Judge George C. Smith held a conference with the parties to assess the progress of settlement. He then referred the matter to Magistrate Judge Norah M. King to conduct further settlement conferences.

On April 25, 2000, plaintiffs filed their third amended complaint to add additional allegations in light of the U.S. Supreme Court's decision in the ADA case Olmstead v. L.C., 527 U.S. 581, 119 S.Ct. 2176, 144 L.Ed.2d 540 (1999). Defendants moved to dismiss or, in the alternative, for summary judgment. Plaintiffs filed a cross-motion for partial summary judgment.

On September 19, 2002, the Court denied in part and granted in part Defendant's motion to dismiss and denied Plaintiffs' motion for summary judgment. Martin v. Taft, 222 F. Supp. 2d 940 (S.D. Ohio 2002). The Court encouraged the parties to engage in settlement discussions prior to the bench trial.

The parties reached a tentative settlement of the matter and on June 29, 2004, filed their Joint Motion to Approve Consent Judgment. The Court issued preliminary approval of the parties' settlement agreement on July 7, 2004.

Certain advocacy groups then generated support to derail the settlement, resulting in thousands of purported class members filing form objections with the Court. Objectors also filed motions to decertify the class and to remove class counsel. The objectors contended that the proposed Consent Order only addressed the concerns of the named plaintiffs and not the whole class and therefore created a conflict with class counsel. The parties subsequently withdrew the Joint Motion to Approve Consent Judgment.

On February 15, 2005, the Court appointed local attorney Mark Landes as Special Master.

On September 13, 2005, the Special Master recommended that the Court denied Defendants' motions to remove counsel and decertify the class. The Court adopted those recommendations on November 28, 2005.

The Court again issued preliminary approval of the settlement agreement on December 5, 2006.

On March 5, 2007, the Court approved the settlement agreement and issued a consent order. Among other things, Defendants agreed to increase the number of waiver slots available and increase efforts to provide affordable community housing.

Summary Authors

Haley Waller (4/10/2011)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4702392/parties/martin-v-ohio-governor/


Judge(s)
Attorney for Plaintiff

Burke, William J. (New York)

Fissel, Barry W. (Ohio)

Keith, Harry Blair II (Ohio)

Attorney for Defendant

Carroll, Roger Francis (Ohio)

Hoke, Anne Light (Ohio)

Expert/Monitor/Master/Other

Documents in the Clearinghouse

Documents in this case

2:89-cv-00362

Docket

May 15, 2009

May 15, 2009

Docket
151

2:89-cv-00362

OPINION AND ORDER

Martin v. Voinovich

Dec. 14, 1993

Dec. 14, 1993

Order/Opinion

840 F.Supp. 1175

416

2:89-cv-00362

OPINION AND ORDER

Martin v. Taft

Sept. 19, 2002

Sept. 19, 2002

Order/Opinion

222 F.Supp.2d 940

450

2:89-cv-00362

ORDER

Martin v. Taft

March 11, 2004

March 11, 2004

Order/Opinion
453

2:89-cv-00362

ORDER

Martin v. Taft

July 7, 2004

July 7, 2004

Order/Opinion
456

2:89-cv-00362

RESPONSE OF AMICUS OHIO PROVIDER RESOURCE ASSOCIATION TO JOINT MOTION FOR APPROVAL OF SETTLEMENT OF CLASS ACTION

Martin v. Taft

July 29, 2004

July 29, 2004

Pleading / Motion / Brief
554

2:89-cv-00362

MOTION FOR LEAVE TO INTERVENE AND OBJECTIONS OF CHAMPAIGN RESIDENTIAL SERVICES, INC. TO PROPOSED CONSENT ORDER

Martin v. Taft

Aug. 31, 2004

Aug. 31, 2004

Pleading / Motion / Brief
609

2:89-cv-00362

MOTION TO DECERTIFY CLASS BY MARTIN OBJECTORS

Martin v. Taft

Sept. 7, 2004

Sept. 7, 2004

Pleading / Motion / Brief
669

2:89-cv-00362

MOTION TO DECERTIFY CLASS (Klein Objectors)

Martin v. Taft

Oct. 22, 2004

Oct. 22, 2004

Pleading / Motion / Brief
681

2:89-cv-00362

Motion To Decertify Class By Grady

Martin v. Taft

Nov. 29, 2004

Nov. 29, 2004

Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4702392/martin-v-ohio-governor/

Last updated Oct. 29, 2026, 8:55 p.m.

Docket for: Martin v. Ohio Governor
ECF Number Date Description Link
1 April 27, 1989

COMPLAINT (Summonses issued) (pa) (Entered: 03/21/1990)

RECAP
2 May 17, 1989

STIPULATION for extension of time until 6/6/89 for defendants Celeste and Brown to plead re complaint [1-1] (pa) (Entered: 03/21/1990)

RECAP
3 May 22, 1989

MOTION by defendant Patricia Barry to dismiss (pa) (Entered: 03/21/1990)

RECAP
4 May 22, 1989

MOTION by defendant Patricia Barry for admission of attorney Karen Lazorishak pro hac vice (pa) (Entered: 03/21/1990)

RECAP
5 May 23, 1989

ORDER by Magistrate Norah M. King granting motion for admission of attorney Karen Lazorishak pro hac vice [4-1] (cc: all counsel) (pa) (Entered: 03/21/1990)

RECAP
6 June 6, 1989

MOTION by defendant Ohio Governor, defendant Robert Brown to dismiss (pa) (Entered: 03/21/1990)

RECAP
7 June 7, 1989

MEMORANDUM by defendant Ohio Governor, defendant Robert Brown in support of motion to dismiss [6-1] (pa) (Entered: 03/21/1990)

RECAP
8 June 12, 1989

STIPULATION for extension of time until 7/3/89 for plaintiffs to respond re motion to dismiss [6-1] (pa) (Entered: 03/21/1990)

RECAP
9 July 3, 1989

MOTION by plaintiff Nancy Martin, plaintiff Jack B, plaintiff Kathy R, plaintiff Patty S, plaintiff Garry B, plaintiff Jack J to extend time to answer motions to dismiss (pa) (Entered: 03/21/1990)

RECAP
10 July 5, 1989

RESPONSE by plaintiff Nancy Martin, plaintiff Jack B, plaintiff Kathy R, plaintiff Patty S, plaintiff Garry B, plaintiff Jack J to motion to dismiss [6-1], motion to dismiss [3-1] (pa) (Entered: 03/21/1990)

RECAP
11 July 5, 1989

APPENDIX by plaintiff Nancy Martin, plaintiff Jack B, plaintiff Kathy R, plaintiff Patty S, plaintiff Garry B, plaintiff Jack J re motion response to motions to dismiss [10-1] (pa) Modified on 06/14/2002 (Entered: 03/21/1990)

RECAP
12 July 10, 1989

RETURN OF SERVICE executed upon defendant Ohio Governor on 5/18/8 (pa) (Entered: 03/21/1990)

RECAP
13 July 11, 1989

ORDER by Magistrate Terence P. Kemp granting motion to extend time to 7/5/89 to answer motions to dismiss [9-1] (cc: all counsel) (pa) Modified on 06/14/2002 (Entered: 03/21/1990)

RECAP
14 July 14, 1989

MOTION by defendant Ohio Governor, defendant Robert Brown to extend time to file reply re [6-1] (pa) (Entered: 03/21/1990)

RECAP
15 July 20, 1989

ORDER by Magistrate Terence P. Kemp granting motion to extend time to file reply re [6-1] [14-1] until 8/11/89 (cc: all counsel) (pa) (Entered: 03/21/1990)

RECAP
16 July 20, 1989

STIPULATION for extension of time until 7/28/89 for defendant Barry to file reply re motion response [10-1] (pa) (Entered: 03/21/1990)

RECAP
17 July 28, 1989

STIPULATION for extension of time until 7/31/89 for defendant Barry to file reply re motion response [10-1] (pa) (Entered: 03/21/1990)

RECAP
18 July 31, 1989

SUGGESTION of Death upon the record of plaintiff Jack J (pa) (Entered: 03/21/1990)

RECAP
19 July 31, 1989

REPLY by defendant Patricia Barry to response to motion to dismiss [3-1] (pa) (Entered: 08/17/1990)

RECAP
20 Aug. 8, 1989

MOTION by plaintiff Nancy Martin, plaintiff Jack B, plaintiff Kathy R, plaintiff Patty S, plaintiff Garry B leave to file surreply re deft's reply re motion to dismiss [19-1] (pa) Modified on 06/14/2002 (Entered: 03/21/1990)

RECAP
21 Aug. 8, 1989

ORDER by Magistrate Terence P. Kemp granting motion [20-1] until 8/18/89 (cc: all counsel) (pa) (Entered: 03/21/1990)

RECAP
22 Aug. 10, 1989

MEMORANDUM by defendant Ohio Governor, defendant Robert Brown in support of motion to dismiss [6-1] (pa) (Entered: 03/21/1990)

RECAP
23 Aug. 18, 1989

CONSOLIDATED SURREPLY by plaintiff Nancy Martin, plaintiff Jack B, plaintiff Kathy R, plaintiff Patty S, plaintiff Garry B to motion to dismiss [6-1], to motion to dismiss [3-1] (pa) Modified on 06/14/2002 (Entered: 03/21/1990)

RECAP
24 Aug. 24, 1989

MOTION by plaintiff Nancy Martin, plaintiff Jack B, plaintiff Kathy R, plaintiff Patty S, plaintiff Garry B to certify class action (pa) (Entered: 03/21/1990)

RECAP
25 Aug. 24, 1989

AMENDED COMPLAINT by plaintiff Nancy Martin, plaintiff Jack B, plaintiff Kathy R, plaintiff Patty S, plaintiff Garry B (pa) (Entered: 03/21/1990)

RECAP
26 Sept. 7, 1989

STIPULATION for extension of time until 9/29/89 for defendants to file memo contra re motion to certify class action [24-1] (pa) (Entered: 03/21/1990)

RECAP
27 Sept. 18, 1989

STIPULATION for extension of time until 9/26/89 for defendant Roland Hairston to file answer re complaint [25-1] (pa) (Entered: 03/21/1990)

RECAP
28 Sept. 18, 1989

MOTION by defendant Ohio Governor, defendant Robert Brown, defendant Hairston to extend time to file memo contra re motion to certify class [24-1] (pa) Modified on 06/14/2002 (Entered: 03/21/1990)

RECAP
29 Sept. 20, 1989

ORDER by Magistrate Norah M. King granting motion to extend time to file memo contra re [24-1] [28-1] until 9/29/89 (cc: all counsel) (pa) (Entered: 03/21/1990)

RECAP
30 Sept. 26, 1989

MOTION by defendant Roland Hairston to dismiss (pa) (Entered: 03/21/1990)

RECAP
31 Sept. 27, 1989

MOTION by defendant Ohio Governor, defendant Robert Brown to strike first amended complaint [25-1] (pa) Modified on 06/14/2002 (Entered: 03/21/1990)

RECAP
32 Sept. 29, 1989

RESPONSE by defendant Ohio Governor, defendant Robert Brown, defendant Patricia Barry to motion to certify class action [24-1] (pa) (Entered: 03/21/1990)

RECAP
Sept. 29, 1989

Text not available.

33 Oct. 6, 1989

MOTION by plaintiff Nancy Martin, plaintiff Jack B, plaintiff Kathy R, plaintiff Patty S, plaintiff Garry B to extend time to file reply re memo contra motion to certify class [32-1] (pa) Modified on 06/14/2002 (Entered: 03/21/1990)

RECAP
34 Oct. 16, 1989

ORDER by Magistrate Norah M. King granting motion to extend time to file reply re [32-1] [33-1] until 10/24/89; parties have 10 days to file objections (cc: all counsel) (pa) (Entered: 03/21/1990)

RECAP
35 Oct. 19, 1989

MOTION by plaintiff Nancy Martin, plaintiff Jack B, plaintiff Kathy R, plaintiff Patty S, plaintiff Garry B to extend time to file memo contra re deft Hairston's motion to dismiss [30-1] (pa) Modified on 06/14/2002 (Entered: 03/21/1990)

RECAP
36 Oct. 19, 1989

RESPONSE by plaintiff Nancy Martin, plaintiff Jack B, plaintiff Kathy R, plaintiff Patty S, plaintiff Garry B to motion to strike first amended complaint [25-1] [31-1] (pa) Modified on 06/14/2002 (Entered: 03/21/1990)

RECAP
37 Oct. 23, 1989

ORDER by Magistrate Norah M. King granting motion to extend time to file memo contra re deft Hairston's motion to dismiss [30-1] [35-1] until 10/26/89; parties have 10 days to file objections (cc: all counsel) (pa) Modified on 06/14/2002 (Entered: 03/21/1990)

RECAP
38 Oct. 24, 1989

RESPONSE by plaintiff Nancy Martin, plaintiff Jack B, plaintiff Kathy R, plaintiff Patty S, plaintiff Garry B to motion to dismiss [30-1] (pa) (Entered: 03/21/1990)

RECAP
39 Oct. 24, 1989

REPLY by plaintiff Nancy Martin, plaintiff Jack B, plaintiff Kathy R, plaintiff Patty S, plaintiff Garry B to response to motion to certify class action [24-1] (pa) (Entered: 03/21/1990)

RECAP
Oct. 24, 1989

Text not available.

40 Nov. 2, 1989

REPLY by defendant Roland Hairston to response to motion to dismiss [30-1] (pa) (Entered: 03/21/1990)

RECAP
41 Nov. 3, 1989

NOTICE setting this action for Preliminary PTC at 1:00 on 11/15/89 (cc: all counsel) (pa) (Entered: 03/21/1990)

RECAP
42 Nov. 16, 1989

ORDER by Magistrate Norah M. King denying motion to strike complaint [25-1] [31-1]; parties have 10 days to file objections (cc: all counsel) (pa) (Entered: 03/21/1990)

RECAP
43 Nov. 16, 1989

PRELIMINARY SCHEDULING ORDER by Magistrate Norah M. King; Preliminary pretrial conf was held on 11/15/89; defendants Celeste and Brown will file renewed motion to dismiss within 10 days; all discvoery is STAYED until the earlier of the resolution of the motions to dismiss or 4/1/90; continued PPT set for 5/90; tried to court (cc: all counsel) (pa) (Entered: 03/21/1990)

RECAP
44 Dec. 1, 1989

MOTION by defendant Ohio Governor, defendant Robert Brown to dismiss amended complaint [25-1] (pa) (Entered: 03/21/1990)

RECAP
45 Dec. 21, 1989

RESPONSE by plaintiff Nancy Martin, plaintiff Jack B, plaintiff Kathy R, plaintiff Patty S, plaintiff Garry B to motion to dismiss amended complaint [25-1] [44-1] (pa) (Entered: 03/21/1990)

RECAP
46 Feb. 5, 1990

OPINION AND ORDER by Judge George C. Smith granting motion to certify class action [24-1] (cc: all counsel) (pa) (Entered: 03/21/1990)

RECAP
47 March 7, 1990

MOTION by defendant Roland Hairston for leave to file supplemental authority in support of deft Hairston's motion to dismiss amended complaint [30-1] (pa) Modified on 06/14/2002 (Entered: 03/21/1990)

RECAP
48 March 12, 1990

MOTION by plaintiff Nancy Martin, plaintiff Jack B, plaintiff Kathy R, plaintiff Patty S, plaintiff Garry B for preservation of records (pa) (Entered: 03/21/1990)

RECAP
49 March 21, 1990

MOTION by defendant Robert Brown, defendant Richard Celeste for leave to file supplemental authority in support of motion to dismiss (no pgs: 3) (pa) (Entered: 03/22/1990)

RECAP
50 March 21, 1990

RESPONSE by defendant Ohio Governor, defendant Robert Brown to motion for preservation of records [48-1] (no pgs: 3) (pa) (Entered: 03/22/1990)

RECAP
51 March 22, 1990

RESPONSE by defendant Roland Hairston to motion for preservation of records [48-1] (no pgs: 3) (pa) (Entered: 03/23/1990)

RECAP
52 March 28, 1990

ORDER by Magistrate Norah M. King granting motion for leave to file supplemental authority in support of deft Hairston's motion to dismiss [30-1] [47-1] (cc: all counsel) (no pgs: 1) (pa) Modified on 06/14/2002 (Entered: 03/29/1990)

RECAP
53 March 30, 1990

RESPONSE by plaintiff Nancy Martin, plaintiff Jack B, plaintiff Kathy R, plaintiff Patty S, plaintiff Garry B, plaintiff Jack J to supplemental authority submitted by defendants Celeste, Brown, and Hairston (no pgs: 6) (pa) (Entered: 03/31/1990)

RECAP
54 April 12, 1990

REPLY by defendant Roland Hairston to response [53-1] to motion to file supplemental authority ( no pgs: 6) (ns) Modified on 06/19/2002 (Entered: 04/12/1990)

RECAP
55 May 18, 1990

ORDER by Magistrate Norah M. King denying motion for preservation of records [48-1]; granting motion for lv to file supplemental authority [49-1]; parties have 10 days to file objections (cc: all counsel) (no pgs: 1) (pa) (Entered: 05/18/1990)

RECAP
56 May 18, 1990

SUPPLEMENTAL MEMORANDUM by defendant Ohio Governor, defendant Robert Brown to motion to dismiss amended complaint [25-1] [44-1] (no pgs: 5) (pa) (Entered: 05/18/1990)

RECAP
May 18, 1990

Text not available.

July 6, 1990

NOTICE setting this action for Preliminary PTC at 1:30 on 8/8/90 (cc: all counsel) (pa)

57 Aug. 10, 1990

PRELIMINARY SCHEDULING ORDER by Magistrate Norah M. King; preliminary pretrial conf was held on 8/8/90; discovery cutoff ddl set for 8/31/91; mtn filing ddl set 9/30/91; final pretrial conf set for 10/1/91 (no pgs: 2) (cc: all counsel) (pa) (Entered: 08/10/1990)

RECAP
58 Nov. 30, 1990

SUGGESTION OF DEATH upon the record of plaintiff Jack B (no pgs: 1) (pa) (Entered: 12/03/1990)

RECAP
59 Dec. 20, 1990

MOTION by plaintiff for leave to to file supplemental authorities in support of memo contra defts' motions to dismiss (no pgs: 3) (pa) (Entered: 12/20/1990)

RECAP
60 Dec. 28, 1990

NOTICE by plaintiff of taking deposition of Andrea Smith and Linda Day on 1-3-91, Betty MacIntosh and Rose Ekstrom on 1-4-91, Patrick Rafter and Marti Estep on 1-7-91, Carolyn Lukensmeyer and Terry Wallace on 1-9-91 and Robert Brown on 1-11-91. () (bw) (Entered: 12/31/1990)

RECAP
61 Jan. 4, 1991

MOTION by defendant Robert Brown to vacate subpoena and for protective order (no pgs: 4) (pa) (Entered: 01/04/1991)

RECAP
62 Jan. 8, 1991

RESPONSE by plaintiffs to motion to vacate subpoena and for protective order [61-1] (no pgs: 5) (pa) (Entered: 01/08/1991)

RECAP
63 Jan. 9, 1991

ORDER by Magistrate Norah M. King granting motion to vacate subpoena and for protective order [61-1] on the condition that defendant Brown make himself available for discovery by plaintiffs at a mutually-agreed date subsequent to 1/11/91; defendants may move for protective order by 2/28/91; defendants to preserve certain position papers and budget documents until this discovery dispute is resolved (cc: all counsel) (no pgs: 2) (pa) (Entered: 01/09/1991)

RECAP
64 Jan. 29, 1991

ORDER by Magistrate Norah M. King granting motion for leave to file supplemental authorities in support of memo contra defts' motions to dismiss [59-1]; parties may seek reconsideration of this Order within 10 days (cc: all counsel) (no pgs: 1) (pa) Modified on 07/12/2002 (Entered: 01/29/1991)

RECAP
65 Jan. 29, 1991

SUPPLEMENTAL AUTHORITIES by plaintiff in support of motion response [62-1] (no pgs: 12 + attachments) (pa) (Entered: 01/29/1991)

RECAP
66 Feb. 6, 1991

RESPONSE by defendants to Pltf's supplemental authorities in support of memo contra to defts' motion to dismiss [65-1] (no pgs: 5) (pa) Modified on 07/12/2002 (Entered: 02/06/1991)

RECAP
67 Feb. 13, 1991

MOTION by defendant Kathryn T Glynn for leave to file a reply to pltf. supplemental authorities in support of pltf. memo contra the motion to dismiss. ( no pgs: 13) (bw) (Entered: 02/14/1991)

RECAP
68 Feb. 14, 1991

MOTION by plaintiff for leave to file a second supplemental authority in support of memo contra deft. motions to dismiss. ( no pgs: 3) (bw) (Entered: 02/14/1991)

RECAP
69 Feb. 26, 1991

REQUEST by defendant Ohio Governor, defendant Robert Brown, defendant Patricia Barry, defendant Roland Hairston for hearing on motion for protective order ( no pgs: 2) (pl) (Entered: 02/27/1991)

RECAP
70 Feb. 26, 1991

STATEMENT on documents withheld pursuant to privilege by defendant Ohio Governor, defendant Robert Brown, defendant Patricia Barry, defendant Roland Hairston ( no pgs: 11) (pl) (Entered: 02/27/1991)

RECAP
March 20, 1991

Deposition of Carolyn Lukensmeyer, Andrea Smith, and Patrick Rafter certifications of questions (bw)

71 March 21, 1991

MOTION by plaintiff to compel production of documents ( no pgs: 18 w/out exhibits) (bw) Modified on 07/12/2002 (Entered: 03/27/1991)

RECAP
72 March 29, 1991

MOTION by plaintiffs to amend Court's order on 8/10/90 (Continued Preliminary Pretrial Order) by changing certain deadlines. ( no pgs: 4) (aq) (Entered: 04/02/1991)

RECAP
73 April 5, 1991

MOTION by plaintiffs for leave to file Third Supplemental Authority in Support of Memoranda Contra Defendants' Motions to Dismiss. ( no pgs: 22) (aq) (Entered: 04/11/1991)

RECAP
April 9, 1991

Certification of Questions (Deposition of Robert Brown) (aq)

74 May 8, 1991

ORDER by Magistrate Judge Norah M. King granting Plaintiffs' motion to amend Court's order on 8/10/90 (Continued Preliminary Pretrial Order) by changing certain deadlines. [72-1] ; Discovery ddl on 1/31/92 ; Mtn filing ddl on 2/28/92 (cc: all counsel) ( no pgs: 1) (aq) (Entered: 05/09/1991)

RECAP
75 May 14, 1991

ATTORNEY SUBSTITUTION: terminating attorney Beverly Yale Pfeiffer for Ohio Governor and substituting attorney is Robert L Griffin ( no pgs: 2) (aq) (Entered: 05/16/1991)

RECAP
76 May 29, 1991

ORDER by Mag. Judge Norah M. King granting motion for leave to file Third Supplemental Authority in Support of Memoranda Contra Defendants' Motions to Dismiss. [73-1] granting motion for leave to file a second supplemental authority in support of memo contra deft. motions to dismiss. [68-1] granting motion for leave to file a reply to pltf. supplemental authorities in support of pltf. memo contra the motion to dismiss. [67-1] (cc: all counsel) ( no pgs: 1) (aq) (Entered: 05/29/1991)

RECAP
77 May 29, 1991

REPLY by defendant Glynn (note: Terry Wallace is current Director) to Plaintiffs supplemental authorities in support of plaintiffs' memo contra Defendants' motion to dismiss [30-1] no pgs: 13) (aq) (Entered: 05/29/1991)

RECAP
78 May 29, 1991

SECOND SUPPLEMENTAL AUTHORITY in support of Plaintiffs' Memoranda Contra Defendants' motion to dismiss [3-1], motion to dismiss [6-1], motion to dismiss [30-1], motion to dismiss amended complaint [25-1] [44-1] ( no pgs: 6 w/out exh.) (aq) (Entered: 05/30/1991)

RECAP
79 May 29, 1991

THIRD SUPPLEMENTAL AUTHORITY in support of plaintiffs' Memoranda Contra Defendants' motion to dismiss [3-1], motion to dismiss [6-1], motion to dismiss [30-1], motion to dismiss amended complaint [25-1] [44-1] ( no pgs: 19) (aq) (Entered: 05/30/1991)

RECAP
80 June 14, 1991

ORDER by Mag. Judge Norah M. King denying Plaintiffs' motion to compel production of documents [71-1] (cc: all counsel) ( no pgs: 8) (aq) (Entered: 06/17/1991)

RECAP
81 June 18, 1991

MOTION by defendant Ohio Dept Human Serv (Terry Wallace, current Director) for leave to file Reply to Pltf's 2nd Supplemental Authority in support of Memo Contra Defts' Motion to Dismiss. ( no pgs: 12) (aq) (Entered: 06/20/1991)

RECAP
82 June 28, 1991

MOTION by plaintiffs for leave to file Notice of Additional Expert Witness at a later date. ( no pgs: 3) (aq) (Entered: 07/02/1991)

RECAP
83 June 28, 1991

NOTICE of Experts by plaintiffs ( no pgs: 41) (aq) (Entered: 07/02/1991)

RECAP
84 July 2, 1991

NOTICE by plaintiffs of taking deposition of James Flewellen on 7/8/91 ( no pgs: 2) (aq) (Entered: 07/03/1991)

RECAP
85 July 18, 1991

ORDER by Mag. Judge Norah M. King granting motion for leave to file Reply to Pltf's 2nd Supplemental Authority in support of Memo Contra Defts' Motion to Dismiss. [81-1] (cc: all counsel) ( no pgs: 1) (aq) (Entered: 07/18/1991)

RECAP
86 July 18, 1991

REPLY by Deft Wallace, current Director of Ohio Dept Human Serv to response to motion to dismiss [30-1] ( no pgs: 9) (aq) (Entered: 07/18/1991)

RECAP
87 Aug. 12, 1991

ORDER by Mag. Judge Norah M. King granting Pltfs' motion for leave to file Notice of Additional Expert Witness by 12/1/91 [82-1]; Defts to file notice of responsive designation of witnesses by 1/31/92. (cc: all counsel) ( no pgs: 1) (aq) (Entered: 08/12/1991)

RECAP
88 Sept. 30, 1991

MOTION by defendants to extend time to identify expert witnesses. ( no pgs: 5) (aq) (Entered: 10/01/1991)

RECAP
89 Oct. 4, 1991

NOTICE setting this action for Preliminary PTC at 1:30 p.m. on 11/27/91 in Rm 320 before Mag Judge King no pgs: 1 (cc: all counsel) (aq) (Entered: 10/04/1991)

RECAP
90 Oct. 8, 1991

NOTICE of Prelim pretrial conf rescheduled and shall be a Status conference at 1:30 p.m. on 12/11/91 (cc: all counsel) (aq) (Entered: 10/08/1991)

RECAP
91 Nov. 5, 1991

MOTION by plaintiff Nancy Martin to compel presence of Carolyn Lukensmeyer at deposition, or in the alternative motion to show cause why Mrs. Lukensmeyer should not be held in contempt ( no pgs: 20) (dc) (Entered: 11/05/1991)

RECAP
92 Nov. 27, 1991

MOTION by plaintiffs to extend time to file notice of physician extpert witness' identity. ( no pgs: 3) (aq) (Entered: 12/02/1991)

RECAP
93 Dec. 3, 1991

ORDER by Mag. Judge Norah M. King granting Plaintiffs' motion to extend time to file notice of physician extpert witness' identity. [92-1] (cc: all counsel) ( no pgs: 1) (aq) (Entered: 12/03/1991)

RECAP
94 Dec. 12, 1991

NOTICE of Status conference rescheduled at 2:30 p.m. on 1/29/92 (cc: all counsel) (aq) (Entered: 12/12/1991)

RECAP

Case Details

State / Territory:

Ohio

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Olmstead Cases

Key Dates

Filing Date: April 27, 1989

Closing Date: 2007

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Developmentally disabled individuals

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Legal Services/Legal Aid

NDRN/Protection & Advocacy Organizations

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

State

Director of the Ohio Department of Job and Family Services

Governor of the State of Ohio

Ohio Department of Mental Retardation and Developmental Disabilities

Case Details

Causes of Action:

42 U.S.C. § 1983

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12101 et seq.

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

Constitutional Clause(s):

Due Process

Equal Protection

Other Dockets:

Southern District of Ohio 2:89-cv-00362

U.S. Court of Appeals for the Sixth Circuit 94-03288

U.S. Court of Appeals for the Sixth Circuit 94-03290

Available Documents:

Any published opinion

Injunctive (or Injunctive-like) Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 150,000

Issues

Benefits (Source):

Medicaid

Recommended Citation