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

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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 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.

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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)

Judge(s)

Clark, Ron (Texas)

Garza, Emilio M. (Texas)

Heartfield, Thad (Texas)

King, Carolyn Dineen (Texas)

Reavley, Thomas Morrow (Texas)

Sparks, Sam (Texas)

Attorney for Plaintiff

Corbett, Garth Anthony (Texas)

Courtney, Geoffrey N. (Texas)

Keahy, James H. (Texas)

Reed, Noelle M. (Texas)

Attorney for Defendant

Abbott, Greg (Texas)

Burbach, Edward Donald (Texas)

Capelle, Stephen H. (Texas)

Cruz, Rafael Edward (Ted) (Texas)

Henneke, Robert (Texas)

Henneke [inactive], Robert E. (Texas)

Horne, Edwin N. (Texas)

Johnson, Lara Michelle (Texas)

Juren, Nancy K. (Texas)

McBee, Barry Ross (Texas)

O'Keefe, Robert B. (Texas)

Salisbury, Richard E. (Texas)

Sullivan, Kent C. (Texas)

Warr, Amy (Texas)

Expert/Monitor/Master/Other

Acosta, R. Alexander (District of Columbia)

Adams, Rachel A. (District of Columbia)

Frey, Jeffrey (District of Columbia)

Lockwood, Karen M. (District of Columbia)

Russell, Kevin K. (District of Columbia)

Silver, Jessica Dunsay (District of Columbia)

Attorney Contact Information via CourtListener

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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

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Docket

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

Last updated Dec. 20, 2024, 4:51 p.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