Case: Staley v. Kulongoski

3:00-cv-00078 | U.S. District Court for the District of Oregon

Filed Date: Jan. 14, 2000

Closed Date: 2000

Clearinghouse coding complete

Case Summary

On January 14, 2000, five adults with developmental disabilities filed a lawsuit under the Medicaid Act and the Americans with Disabilities Act against various Oregon state officials in the United States District Court for the District of Oregon. Plaintiffs, represented by legal services, asked the court for declaratory and injunctive relief to compel Defendants to provide Medicaid services in the most integrated setting appropriate. Specifically, Plaintiffs claimed that they had been on wait…

On January 14, 2000, five adults with developmental disabilities filed a lawsuit under the Medicaid Act and the Americans with Disabilities Act against various Oregon state officials in the United States District Court for the District of Oregon. Plaintiffs, represented by legal services, asked the court for declaratory and injunctive relief to compel Defendants to provide Medicaid services in the most integrated setting appropriate. Specifically, Plaintiffs claimed that they had been on waiting lists for years to obtain necessary residential or in-home services.

On October 30, 2000, the Court (Magistrate Judge Janice M. Stewart) granted Plaintiffs' motion for an order certifying a settlement class and for preliminary approval of a class action settlement.

The Court approved a settlement agreement on December 14, 2000. The agreement made Medicaid developmental disability services more available to adults.

The Court issued notice of proposed modification of the class action settlement on November 7, 2003. Because of a state fiscal crisis, the modification would slow the pace at which additional eligible individuals would be enrolled under the Settlement Agreement while still expanding the number of additional individuals enrolled every two years. The State brought in much less revenue than expected and had cut many social services. Plaintiffs agreed to modify the Settlement Agreement to be certain that services would continue to expand and to extend the length of the settlement agreement an additional four years (until June 30, 2011). The Court granted final approval of the settlement modification agreement on January 14, 2004.

There has been no further action in the case, and it has been closed.

Summary Authors

Haley Waller (4/11/2011)

People


Judge(s)

Stewart, Janice M. (Oregon)

Attorneys(s) for Plaintiff

Johnson, Edward (Oregon)

Weaver, Robert C. Jr. (Oregon)

Wrigley, James A. (Oregon)

Attorneys(s) for Defendant

Bushong, Stephen K. (Oregon)

Myers, Hardy (Oregon)

Judge(s)

Stewart, Janice M. (Oregon)

Attorneys(s) for Plaintiff

Johnson, Edward (Oregon)

Weaver, Robert C. Jr. (Oregon)

Wrigley, James A. (Oregon)

Attorneys(s) for Defendant

Bushong, Stephen K. (Oregon)

Myers, Hardy (Oregon)

Documents in the Clearinghouse

Document

Docket

Jan. 14, 2004 Docket
31

OPINION AND ORDER

Staley v. Kitzhaber

Oct. 30, 2000 Order/Opinion
40

DEFENDANTS' MEMORANDUM IN SUPPORT OF MOTION FOR APPROVAL OF MODIFICATION OF SETTLEMENT AGREEMENT

Oct. 31, 2003 Pleading / Motion / Brief
44

NOTICE OF MODIFICATION OF SETTLEMENT OF CLASS ACTION

Nov. 7, 2003 Order/Opinion
47

AFFIDAVIT OF MICHAEL J. MALEY

Jan. 12, 2004 Declaration/Affidavit
50

ORDER GRANTING FINAL APPROVAL OF SETTLEMENT MODIFICATION AGREEMENT

Jan. 14, 2004 Order/Opinion

Resources

Title Description External URL

Docket

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

ECF Number Description Date Link
1

Complaint for Declaratory &Injunctive Relief against John Kitzhaber, Oregon Department of Human Resources, Gary Weeks. Filing fee collected. Receipt No.: #427642 issued. Filed by Diann Drummond, Molly Drummond, John Duffield, Laurie Duffield, Brandie Evans, Brena Flota, Helen Healy, Chris Kannier, Tara Peters, Susan Schrepping, James Staley, Karen Staley (Kirk, ) (Entered: 01/18/2000)

Jan. 14, 2000
3

Amended Complaint for Declaratory &Injunctive Relief against John Kitzhaber, Oregon Department of Human Resources, Gary Weeks. (related document(s) 1 ) Filed by Diann Drummond, Molly Drummond, John Duffield, Laurie Duffield, Brandie Evans, Brena Flota, Helen Healy, Chris Kannier, Tara Peters, Susan Schrepping, James Staley, Karen Staley (Kirk, ) (Entered: 02/03/2000)

Feb. 2, 2000
4

Return of Service Executed upon OR Dept of Human Resources on 1/18/00. Filed by all plaintiffs. (Kirk, ) (Entered: 02/07/2000)

Feb. 4, 2000
5

Return of Service Executed upon John Kitzhaber on 1/18/00. Filed by all plaintiffs. (Kirk, ) (Entered: 02/07/2000)

Feb. 4, 2000
6

Return of Service Executed upon John Kitzhaber as Govenor of the State of Oregon on 1/18/00. Filed by all plaintiffs. (Kirk, ) (Entered: 02/07/2000)

Feb. 4, 2000
7

Return of Service Executed upon Gary Weeks, individually on 1/18/00. Filed by all plaintiffs. (Kirk, ) (Entered: 02/07/2000)

Feb. 4, 2000
8

Return of Service Executed upon Gary Weeks, in his official capacity as Director of Oregon Department of Human Resources on 1/18/00. Filed by all plaintiffs. (Kirk, ) (Entered: 02/07/2000)

Feb. 4, 2000
9

Attorney Appearance: Notice of Appearance by Stephen K. Bushone, Assistant Attorney General representing Defendants . Filed by all defendants. (Kirk, ) (Entered: 02/25/2000)

Feb. 25, 2000
10

Stipulation and Order staying further proceedings in this case until April 10, 2000, Signed 2/28/00 by Judge Janice M. Stewart. (Ausbie, Donna) (Entered: 02/29/2000)

Feb. 29, 2000
11

Stipulated Motion for Stay Extending Stay of Proceedings . Response due by 4/24/2000. Filed by all defendants. (Kirk, ) (Entered: 04/11/2000)

April 10, 2000
12

Record of Order by Judge Stewart − Granting Stipulated Motion for extension of stay (to May 10, 2000) (Related Doc # 11 ). (Ausbie, Donna) (Entered: 04/12/2000)

April 12, 2000
13

Stipulated Motion for Stay Second Stipulation to Extend Stay of Proceedings . Response due by 5/23/2000. Filed by all defendants. (Kirk, ) (Entered: 05/09/2000)

May 9, 2000
14

Record of Order by Judge Stewart: Granting Second Stipulation Extending Stay of proceedings to June 12, 2000. (Related Doc # 13 ). (Ausbie, Donna) (Entered: 05/10/2000)

May 10, 2000
15

Stipulation Permitting Plaintiffs to File Second Amended Complaint . Filed by all plaintiffs. (Kirk, ) (Entered: 06/12/2000)

June 9, 2000
16

Amended Complaint for Declaratory &Injunctive Relief against John Kitzhaber, Oregon Department of Human Resources, Gary Weeks. (related document(s) 3 ) Filed by ARC of Oregon, Diann Drummond, Molly Drummond, John Duffield, Laurie Duffield, Brandie Evans, Brena Flota, Helen Healy, Chris Kannier, Tara Peters, Susan Schrepping, James Staley, Karen Staley (Kirk, ) (Entered: 06/12/2000)

June 9, 2000
17

Record of Order by Judge Janice M. Stewart. Granting stipulation permitting Plaintiffs to file 2nd amended complaint. (related document(s) 15 ) (Ausbie, Donna) (Entered: 06/14/2000)

June 14, 2000
18

Record of Order by Judge Janice M. Stewart: Setting Rule 16 Conference for 6/30/2000 at 02:30PM by Telephone. (Ausbie, Donna) (Entered: 06/21/2000)

June 20, 2000
19

Answer to Amended Complaint &Affirmative Defenses . (Related Doc # 16 ) Filed by John Kitzhaber, Oregon Department of Human Resources, Gary Weeks. (Kirk, ) (Entered: 06/27/2000)

June 23, 2000
20

Record of Proceedings before Judge Janice M. Stewart. Striking the discovery deadline and pretrial order due date and setting a Status Conference for 10/2/2000

June 30, 2000
22

Motion to Withdraw or Substitute an Attorney by Legal Aid Services of Oregon . Response due by 9/26/2000. Filed by all plaintiffs. (Kirk, ) (Entered: 09/14/2000)

Sept. 12, 2000
23

Record of Order by Judge Stewart − Granting Motion to Withdraw as counsel for plaintiffs by Legal Aid Services of Oregon, (Related Doc # 22 ). (da, ) (Entered: 09/15/2000)

Sept. 14, 2000
24

Third Amended Complaint for Declaratory &Injunctive Relief &Class Action Allegation against John Kitzhaber, Oregon Department of Human Resources, Gary Weeks. (related document(s) 16 ) Filed by ARC of Oregon, Diann Drummond, Molly Drummond, John Duffield, Laurie Duffield, Brandie Evans, Brena Flota, Helen Healy, Chris Kannier, Tara Peters, Susan Schrepping, James Staley, Karen Staley (Kirk, ) (Entered: 09/21/2000)

Sept. 20, 2000
25

Stipulation to Amendment of Complaint . (related document(s) 24 ) Filed by all plaintiffs. (Kirk, ) (Entered: 09/21/2000)

Sept. 20, 2000
26

Motion for Order Certifying a Settlement Class &for Preliminary Approval of Class Action Settlement . Response due by 10/4/2000. Filed by all plaintiffs. (Kirk, ) (Entered: 09/21/2000)

Sept. 20, 2000
27

Memorandum in Support of Law in Support of Motion for An Order Certifying A Settlement Class &for Preliminary Approval of Class Action Settlement . Filed by all plaintiffs. (Related motion(s) 26 ) (Kirk, ) (Entered: 09/21/2000)

Sept. 20, 2000
28

Full Consent by all parties to all further proceedings before a US Magistrate Judge. (Kirk, ) (Entered: 09/25/2000)

Sept. 25, 2000
29

Record of Order by Judge Stewart: Granting stipulation to amendment of complaint, #25. ORDER − Plaintiffs' motion for an order certifying a settlement class and for preliminary approval of class action settlement, (related document(s) 26 ) will be taken under advisement by Judge Stewart on 10/23/2000. (da, ) (Entered: 09/26/2000)

Sept. 25, 2000
30

Record of Order by Judge Stewart: Striking the status conference on Monday, 10/2/2000, as moot. (da, ) (Entered: 09/29/2000)

Sept. 29, 2000
31

Order Granting Motion for Order Certifying Settlement Class and for Preliminary Approval of Class Action Settlement (Related Doc # 26 ). Signed October 27, 2000 by Judge Janice M. Stewart. Stewart2. (Entered: 10/30/2000)

Oct. 30, 2000
32

Record of Order by Judge Janice M. Stewart: ORDER CERTIFYING SETTLEMENT CLASS AND PRELIMINARILY APPROVING SETTLEMENT, APPROVING CLASS NOTICE AND SCHEDULING FAIRNESS HEARING. Hearing set for 12/14/2000 at 09:30 AM in Portland. (stewart2, ) (Entered: 10/30/2000)

Oct. 30, 2000
33

Stipulation and Order setting time for plaintiffs to file motion for attorneys' fees and expenses and bill of costs. Based on the stipulation of the parties, it is hereby ordered that plaintiffs may file a motion for attorneys' fees and expenses and a bill of costs within thirty (30) days of entry of judgment approving the settlement in this case. Signed 11/22/2000 by Judge Janice M. Stewart. (da, ) (Entered: 11/27/2000)

Nov. 27, 2000
34

Record of Order by Judge Janice M. Stewart: Setting a Status Conference for 12/12/2000 at 09:00AM by telephone. (da, ) (Entered: 12/06/2000)

Dec. 6, 2000
35

Motion to Certify the Class Motion for Final Approval of Class Action Settlement &Dismissal of Case . Response due by 12/26/2000. Filed by all plaintiffs. (Kirk, ) (Entered: 12/13/2000)

Dec. 12, 2000
36

Record of fairness hearing re: Class Action Settlement Approval. ORDER: Plaintiff's Motion for Final Approval of Class Action Settlement and Dismissal of Case is GRANTED,(Related Doc # 35 . The Court grants approval of the final settlement and the case is dismissed subject to the Court retaining jurisdiction for purposes of enforcing the settlement agreement. (da, ) (Entered: 12/14/2000)

Dec. 14, 2000
37

Order Granting Final approval of class settlement and dismissing class claims.Final approval is given to the Settlement Agreement. The claims set forth in the Third Amended Complaint in this case are dismissed, subject to the Court retaining jurisdiction solely for the purpose of enforcing compliance with the Settlement Agreement. As previously ordered pursuant to a stipulation of the parties, plaintiffs may file a motion for award of attorneys' fees and expenses and a bill of costs within thirty days of entry of judgment.Signed 12/14/2000 by Judge Janice M. Stewart. (da, ) (Entered: 12/14/2000)

Dec. 14, 2000
38

Judgment: The court has granted final approval to the Settlement Agreement. Pursuant to section VIIIF.2 of the Settlement Agreement, this action is hereby DISMISSED, subject to the court's limited retention of jurisdiction solely for the purpose of enforcing compliance with the Settlement Agreement. Signed 12/14/2000 by Judge Janice M. Stewart. (related document(s) 24 ) (da, ) (Entered: 12/14/2000)

Dec. 14, 2000
39

Affidavit of Jack A. Morgan . Filed by all defendants. (Kirk, ) (Entered: 12/18/2000)

Dec. 14, 2000
41

Joint Motion for Order Granting Preliminary Approval of Settlement Modification Agreement . Filed by all defendants. (Kirk, ) (Entered: 10/31/2003)

Oct. 30, 2003
42

Memorandum in Support of Joint Motion for an Order Granting Approval of Settlement Modification Agreement . Filed by all plaintiffs. (Related document(s) 41 ) (Kirk, ) (Entered: 10/31/2003)

Oct. 30, 2003
40

Memorandum in Support of Motion for Approval of Modification of Settlement Agreement . Filed by all defendants. (Bushong, Stephen) (Entered: 10/31/2003)

Oct. 31, 2003
43

CIVIL MINUTES: Record of Order by Judge Stewart − Setting a telephone conference call before Judge Stewart on 11/7/2003 at 03:15 PM to discuss dates for the Joint motion for an order granting preliminary approval of settlement modification agreement. (Related documents(s) 41 ) (da, ) (Entered: 11/05/2003)

Nov. 5, 2003
44

Notice of Modification of Settlement of Class Action. Signed 11/7/2003 by Judge Janice M. Stewart. (da, ) (Entered: 11/07/2003)

Nov. 7, 2003
45

Order Preliminarily Approving Agreement Modifying Settlement Agreement, Approving Class Notice, and Scheduling Fairness Hearing. A fairness hearing is set before Judge Stewart on 1/14/2004 at 9:30 AM in Courtroom 10B. Signed 11/7/2003 by Judge Janice M. Stewart. (da, ) (Entered: 11/07/2003)

Nov. 7, 2003
46

CIVIL MINUTES: Record of telephone conference on 11/7/03. ORDER − setting a hearing on objections before Judge Stewart on 1/14/2004 at 9:30 AM. See formal order. Counsel Present for Plaintiff: James Wrigley. Counsel Present for Defendant: Stephen Bushong. (da, ) (Entered: 11/13/2003)

Nov. 7, 2003
47

Affidavit of Michael J. Maley . Filed by all defendants. (Bushong, Stephen) (Entered: 01/12/2004)

Jan. 12, 2004
48

Motion Plaintiffs' Motion for Order Granting Final Approval of Settlement Modification Agreement (with Affidavit of James A. Wrigley attached) . Filed by all plaintiffs. (da, ) (Entered: 01/13/2004)

Jan. 12, 2004
49

CIVIL MINUTES: Record of time set for hearing of any objections on Motion for Approval of Settlement Modification Agreement. No objections were received.ORDER − Granting Plaintiffs' motion for Final Approval of Settlement Modification Agreement, #48. Formal order to follow. ORDER − Pursuant to FRCP 25 (d)(1), the current Governor, Theodore Kulongoski, and current Director of Human Resources, Jean Thorne, are substituted as defendants in this action. before Judge Janice M. Stewart. Counsel Present for Plaintiff: James Wrigley. Counsel Present for Defendant: Stephen Bushong. Court Reporter: Bonita Alexander. (Related documents(s) 48 ) (da, ) (Entered: 01/14/2004)

Jan. 14, 2004

State / Territory: Oregon

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Olmstead Cases

Key Dates

Filing Date: Jan. 14, 2000

Closing Date: 2000

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Five individuals with developmental disabilities

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Legal Services/Legal Aid

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Govenor of the State of Oregon, State

Director of the Oregon Department of Human Resources, State

Oregon Department of Human Resources, State

Case Details

Causes of Action:

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

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

Availably Documents:

Trial Court Docket

Injunctive (or Injunctive-like) Relief

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