Case: Travis v. Hawkins

1:02-cv-00600 | U.S. District Court for the Eastern District of Texas

Filed Date: Sept. 6, 2002

Closed Date: Oct. 12, 2006

Clearinghouse coding complete

Case Summary

On September 6, 2002 twenty-one developmentally disabled individuals and an advocacy organization, the ARC of Texas, filed suit against the Texas Department of Human Services, the Texas Department of Mental Health & Mental Retardation, and the Texas Health and Human Services Commission in the United States District Court for the Eastern District of Texas. They alleged that the defendants had violated the Americans with Disabilities Act, the Rehabilitation Act, the Medicaid Act, the Fourteenth …

On September 6, 2002 twenty-one developmentally disabled individuals and an advocacy organization, the ARC of Texas, filed suit against the Texas Department of Human Services, the Texas Department of Mental Health & Mental Retardation, and the Texas Health and Human Services Commission in the United States District Court for the Eastern District of Texas. They alleged that the defendants had violated the Americans with Disabilities Act, the Rehabilitation Act, the Medicaid Act, the Fourteenth Amendment, and 42 U.S.C. § 1983 by failing to provide sufficient community based services to which the plaintiffs were entitled. This meant they were needlessly confined or might be forced to leave their families. They also alleged that the defendants were unlawfully restricting their choice of services, denying them the opportunity to apply for services, and failing to provide prompt services. They sought class action status and declaratory and injunctive relief.

On March 17, 2003 the court (Judge Ron Clark) transferred the case to the Western District of Texas because that was where some of the plaintiffs and all of the defendants resided. On May 23, 2003 the court (Judge Sam Sparks) granted in part and denied in part the defendants' motion to dismiss based on sovereign immunity grounds. The defendants appealed to the Fifth Circuit Court of Appeals but on August 11, 2004 the Court of Appeals (Judges Garza, King, and Reavley) affirmed the district court.

The parties then proceeded into discovery in preparation for trial. The court (Judge Sparks) granted the plaintiffs' motion to withdraw their motion for class certification on October 15, 2005. On May 22, 2006 the court (Judge Sparks) denied or dismissed all pending motions for summary judgment. A trial was then delayed as the parties pursued settlement negotiations. A settlement was reached and on October 6, 2006 the parties filed a joint stipulation of dismissal with prejudice. On October 12, 2006 the court (Judge Sparks) dismissed the case. The details of the settlement are not known.

Summary Authors

Michael Perry (3/27/2011)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/11590347/parties/mccarthy-v-gilbert/

Judge(s)
Attorney for Plaintiff
Attorney for Defendant

Abbott, Greg (Texas)

Burbach, Edward Donald (Texas)

Capelle, Stephen H. (Texas)

Expert/Monitor/Master/Other

Acosta, R. Alexander (District of Columbia)

Adams, Rachel A. (District of Columbia)

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Documents in the Clearinghouse

Document

1:02-cv-00600

Docket

McCarthy v. Gilbert

April 16, 2003

April 16, 2003

Docket

03-50608

Docket

McCarthy v. Hawkins

U.S. Court of Appeals for the Fifth Circuit

Feb. 25, 2005

Feb. 25, 2005

Docket

1:03-cv-00231

Docket

U.S. District Court for the Western District of Texas

Oct. 12, 2006

Oct. 12, 2006

Docket
1

1:02-cv-00600

Complaint

McCarthy v. Gilbert

Sept. 4, 2002

Sept. 4, 2002

Complaint
41

1:02-cv-00600

Memorandum and Order (Transferring case to the Western District of Texas)

McCarthy v. Gilbert

March 17, 2003

March 17, 2003

Order/Opinion
11

1:03-cv-00231

Order (Granting in part and denying in part the defendants' motion to dismiss)

McCarthy v. Gilbert

U.S. District Court for the Western District of Texas

May 23, 2003

May 23, 2003

Order/Opinion

03-50608

Brief of Defendants-Appellants

McCarthy v. Hale

U.S. Court of Appeals for the Fifth Circuit

Aug. 13, 2003

Aug. 13, 2003

Pleading / Motion / Brief

03-50608

Brief of Plaintiffs-Appellees

McCarthy v. Hale

U.S. Court of Appeals for the Fifth Circuit

Oct. 20, 2003

Oct. 20, 2003

Pleading / Motion / Brief

03-50608

Brief for the United States as Intervenor

McCarthy v. Hale

U.S. Court of Appeals for the Fifth Circuit

Nov. 5, 2003

Nov. 5, 2003

Pleading / Motion / Brief

03-50608

Brief of Amici Curiae Supporting Appellees

McCarthy v. Hale

U.S. Court of Appeals for the Fifth Circuit

Nov. 10, 2003

Nov. 10, 2003

Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/11590347/mccarthy-v-gilbert/

Last updated June 30, 2025, 5:51 a.m.

ECF Number Description Date Link Date / Link
1

Original Complaint filed. Cause: 42:12181 American Disability Act (bst) (Entered: 09/09/2002)

Sept. 6, 2002

Sept. 6, 2002

RECAP

Filing Fee Paid; FILING FEE $ 150 RECEIPT # 105899 (bst)

Sept. 6, 2002

Sept. 6, 2002

PACER

Summons(es) issued for Don A Gilbert, Karen F Hale, James R Hine & mailed to pla's atty for service (bst)

Sept. 9, 2002

Sept. 9, 2002

PACER

Magistrate consent forms mailed to pla's atty Geoffrey N Courtney (bst)

Sept. 9, 2002

Sept. 9, 2002

PACER
2

Motion by Don A Gilbert, Karen F Hale, James R Hine for extension of time to file responsive pleading (bjc) (Entered: 10/07/2002)

Oct. 4, 2002

Oct. 4, 2002

PACER
3

Return of service executed as to Don A Gilbert 9/23/02 on sum/cmp. Answer due on 10/14/02 for Don A Gilbert (bjc) (Entered: 10/07/2002)

Oct. 7, 2002

Oct. 7, 2002

PACER
4

Return of service executed as to Karen F Hale 9/23/02 on sum/cmp. Answer due on 10/14/02 for Karen F Hale (bjc) (Entered: 10/07/2002)

Oct. 7, 2002

Oct. 7, 2002

PACER
5

Return of service executed as to James R Hine 9/23/02 on sum/cmp. Answer due on 10/14/02 for James R Hine (bjc) (Entered: 10/07/2002)

Oct. 7, 2002

Oct. 7, 2002

PACER
6

ORDER granting [2-1] motion for extension of time to file responsive pleading; reset answer due on 11/1/02 for James R Hine, Karen F Hale, Don A Gilbert (signed by Judge Thad Heartfield) cc: attys 10/7/02 (bjc) (Entered: 10/07/2002)

Oct. 7, 2002

Oct. 7, 2002

PACER
7

1st Amended complaint by all plas', amending [1-1] complaint added plas' Patrick Sostack, Scott Sostack, Shyan Forough, David Zweifel (bjc) (Entered: 10/17/2002)

Oct. 15, 2002

Oct. 15, 2002

PACER
8

Motion by Don A Gilbert, Karen F Hale, James R Hine to extend time to file responsive pleading to pltf's first amended complaint. (rll) (Entered: 10/30/2002)

Oct. 30, 2002

Oct. 30, 2002

PACER
9

ORDER granting [8-1] motion to extend time, reset answer due on 11/22/02 for James R Hine, for Karen F Hale, for Don A Gilbert ( signed by Judge Thad Heartfield ) cc: parties of record 10/31/02 (fbc) (Entered: 10/30/2002)

Oct. 30, 2002

Oct. 30, 2002

PACER
10

MOTION by all plas' to certify class action and brief in support (bjc) Modified on 11/14/2002 (Entered: 11/14/2002)

Nov. 12, 2002

Nov. 12, 2002

PACER
11

Motion by Don A Gilbert, Karen F Hale, James R Hine for extension of time to file resp to plas' mo for class certification (bjc) (Entered: 11/25/2002)

Nov. 22, 2002

Nov. 22, 2002

PACER
12

MOTION by Don A Gilbert, Karen F Hale, James R Hine to exceed page limitation - motion to dismiss (bjc) (Entered: 11/25/2002)

Nov. 22, 2002

Nov. 22, 2002

PACER
13

MOTION by Don A Gilbert, Karen F Hale, James R Hine to transfer venue (bjc) (Entered: 11/25/2002)

Nov. 22, 2002

Nov. 22, 2002

PACER
14

MOTION by Don A Gilbert, Karen F Hale, James R Hine to dismiss pla ARC of TX (bjc) (Entered: 11/25/2002)

Nov. 22, 2002

Nov. 22, 2002

PACER
15

ORDER granting [12-1] motion to exceed page limitation - motion to dismiss (signed by Judge Thad Heartfield 11/25/02 ) cc: attys 11/27/02 (bjc) (Entered: 11/27/2002)

Nov. 26, 2002

Nov. 26, 2002

PACER
16

MOTION by Don A Gilbert, Karen F Hale, James R Hine to dismiss case (bjc) (Entered: 11/27/2002)

Nov. 26, 2002

Nov. 26, 2002

PACER
17

Memorandum in opposition by all plas' to dfts' [14-1] motion to dismiss pla ARC of TX (bjc) Modified on 12/10/2002 (Entered: 12/10/2002)

Dec. 9, 2002

Dec. 9, 2002

PACER
18

Memorandum in opposition by all plas' to dfts' [11-1] motion for extension of time to file resp to plas' mo for class certification (bjc) (Entered: 12/10/2002)

Dec. 9, 2002

Dec. 9, 2002

PACER
19

Memorandum in opposition by all plas' to dfts' [13-1] motion to transfer venue (bjc) (Entered: 12/10/2002)

Dec. 9, 2002

Dec. 9, 2002

PACER
20

Motion by all plas' for extension of time to file resp to dfts' mo to dismiss (bjc) Modified on 12/10/2002 (Entered: 12/10/2002)

Dec. 9, 2002

Dec. 9, 2002

PACER
21

Reply by Don A Gilbert, Karen F Hale, James R Hine to memorandum in opposition to [13-1] motion to transfer venue (mrp) (Entered: 12/13/2002)

Dec. 13, 2002

Dec. 13, 2002

PACER
22

Supplemental [13-1] motion to transfer case - supplemental by Don A Gilbert, Karen F Hale, James R Hine (mrp) (Entered: 12/13/2002)

Dec. 13, 2002

Dec. 13, 2002

PACER
23

Reply by Don A Gilbert, Karen F Hale, James R Hine to response to [10-1] motion to certify class action (mrp) (Entered: 12/13/2002)

Dec. 13, 2002

Dec. 13, 2002

PACER
24

Reply by Don A Gilbert, Karen F Hale, James R Hine to response to [14-1] motion to dismiss pla ARC of TX (mrp) (Entered: 12/13/2002)

Dec. 13, 2002

Dec. 13, 2002

PACER
25

Response by Don A Gilbert, Karen F Hale, James R Hine to [16-1] motion to dismiss case (mrp) (Entered: 12/17/2002)

Dec. 16, 2002

Dec. 16, 2002

PACER

ORDER transferring this case to the docket of Judge Ron Clark ( signed by Judge Thad Heartfield ) **ORIGINAL ORDER EOD IN 1:99cv83** (jec)

Dec. 16, 2002

Dec. 16, 2002

PACER

Case reassigned to Judge Ron Clark (jec)

Dec. 16, 2002

Dec. 16, 2002

PACER
26

Sur-reply by Christy McCarthy, Todd Gordon, Allison Pratt, Gail Truman, Jim Floyd Jr, Sam Lindsay, Oshea Brooks, Joe Ray Comacho, Micha Chastain, AL, The ARC of Texas, Sue Ann Ortiz, Patrick Sostack, Scott Sostack, Shyan Forough, David Zweifel to dfts' [13-1] motion to transfer venue (bjc) (Entered: 12/24/2002)

Dec. 23, 2002

Dec. 23, 2002

PACER
27

2nd Amended complaint by all plas', amending [1-1] complaint added plas' Ashton Bowlen, Tyler Blanchard, Garrett Gillard, Kameron Lane, Madison Polk, Paige Smith (bjc) (Entered: 12/24/2002)

Dec. 23, 2002

Dec. 23, 2002

PACER
28

MOTION by Don Green, Karen F Hale, James R Hine for leave to file response to pltfs' venue sur-reply to defts' motion to transfer venue (tkd) (Entered: 01/07/2003)

Jan. 6, 2003

Jan. 6, 2003

PACER
29

Notice of substitution of party; terminated deft Don A Gilbert. The correct party becomes deft Albert Hawkins (tkd) (Entered: 01/16/2003)

Jan. 15, 2003

Jan. 15, 2003

PACER
30

Response by Albert Hawkins, Karen F Hale, James R Hine to pltfs' sur-reply to [13-1] motion to transfer venue (tkd) (Entered: 01/16/2003)

Jan. 15, 2003

Jan. 15, 2003

PACER
31

MOTION by Albert Hawkins, Karen F Hale, James R Hine to strike [27-1] second amended complaint, or in the alternative, to amend [16-1] motion to dismiss (tkd) (Entered: 01/16/2003)

Jan. 15, 2003

Jan. 15, 2003

PACER
32

MOTION by all plaintiffs for leave to file second amended complaint (tkd) (Entered: 01/22/2003)

Jan. 21, 2003

Jan. 21, 2003

PACER
33

Reply by James R Hine, Albert Hawkins, Karen F Hale to response to [31-2] motion to amend [16-1] motion to dismiss, [31-1] motion to strike [27-1] second amended complaint (fbc) (Entered: 01/27/2003)

Jan. 27, 2003

Jan. 27, 2003

PACER
34

Response by Albert Hawkins, Karen F Hale, James R Hine to plas' [32-1] motion for leave to file second amended complaint (bjc) (Entered: 01/30/2003)

Jan. 30, 2003

Jan. 30, 2003

PACER
35

MOTION by all plaintiffs to exceed page limit on their response to motion to dismiss (tkd) (Entered: 02/05/2003)

Feb. 4, 2003

Feb. 4, 2003

PACER
36

Reply by all plaintiffs to response to [32-1] motion for leave to file second amended complaint (tkd) (Entered: 02/05/2003)

Feb. 4, 2003

Feb. 4, 2003

PACER
37

MOTION by Albert Hawkins, Karen F Hale, James R Hine to extend time to file reply to pltfs' response to motion to dismiss (tkd) (Entered: 02/06/2003)

Feb. 6, 2003

Feb. 6, 2003

PACER
38

Initial ORDER governing proceedings; management conference set for 11:00 5/9/03 ; Rule 26(f) conference deadline 4/8/03 ( signed by Judge Ron Clark ) cc attys 2/13/03 (bsw) (Entered: 02/13/2003)

Feb. 13, 2003

Feb. 13, 2003

PACER
39

Joint MOTION by all parties to stay initial order governing proceedings (tkd) (Entered: 03/07/2003)

March 6, 2003

March 6, 2003

PACER
40

ORDER granting [39-1] motion to stay. The parties are relieved of their obligations under the initial order governing proceedings until a decision is made on motion to transfer venue, or until 5/9/03, whichever is later (signed by Judge Ron Clark) cc attys 3/11/03 (tkd) (Entered: 03/11/2003)

March 10, 2003

March 10, 2003

PACER
41

Memorandum and Order granting [13-1], [22-1] motions to transfer. Ordered that this case is transferred to the Western District of Texas, Austin Division (signed by Judge Ron Clark) cc attys 3/18/03 (tkd) (Entered: 03/18/2003)

March 17, 2003

March 17, 2003

PACER
42

Notice of Cancellation: Management Conference Hrg canceled for 5/9/03 at 11:00 am before Judge Clark cc: RC, attys of record 3/19/03 (bca) (Entered: 03/18/2003)

March 18, 2003

March 18, 2003

PACER
43

MOTION by all plaintiffs for reconsideration of [41-1] memorandum and order granting motion to transfer (tkd) (Entered: 03/25/2003)

March 24, 2003

March 24, 2003

PACER
44

ORDER denying [43-1] motion for reconsideration of [41-1] memorandum and order granting motion to transfer (signed by Judge Ron Clark) cc attys 4/2/03 (tkd) (Entered: 04/02/2003)

April 1, 2003

April 1, 2003

PACER

Interdistrict transfer to the Western District of Texas, Austin Division (tkd)

April 8, 2003

April 8, 2003

PACER

Acknowledgement of receipt of original record by W/D of TX Austin Div on 4/11/03 and assigned case number A03ca231 SS (fbc)

April 16, 2003

April 16, 2003

PACER

Case Details