Case: Arc of Washington v. Quasim

3:99-cv-05577 | U.S. District Court for the Western District of Washington

Filed Date: Nov. 9, 1999

Closed Date: 2007

Clearinghouse coding complete

Case Summary

On November 9, 1999, developmentally disabled individuals and the Arc of Washington State filed a lawsuit under the Americans with Disabilities Act and the Medicaid Act against various Washington state officials in the United States District Court for the Western District of Washington. Plaintiffs represented by private counsel, asked the court for declaratory and injunctive relief, claiming that Defendants were not providing Medicaid services with reasonable promptness. On October 5, 2000, t…

On November 9, 1999, developmentally disabled individuals and the Arc of Washington State filed a lawsuit under the Americans with Disabilities Act and the Medicaid Act against various Washington state officials in the United States District Court for the Western District of Washington. Plaintiffs represented by private counsel, asked the court for declaratory and injunctive relief, claiming that Defendants were not providing Medicaid services with reasonable promptness.

On October 5, 2000, the Court (Judge Franklin D. Burgess) granted Plaintiffs' motion to certify a class defined as: "all developmentally disabled persons in the Sate of Washington who i) meet the medical and financial requirements for eligibility for ICF-MR services; ii) have applied for HCB waiver services; and iii) have not received HCB waiver services, or not received them with reasonable promptness, and individuals who will be similarly situated in the future."

On November 17, 2000, the Court denied Plaintiffs' motion for partial summary judgment and granted in part, and denied in part, Defendants' motion for partial summary judgment. Accordingly, Plaintiffs were allowed to proceed with their Medicaid Act claim to fair hearings, their ADA and Equal Protection claims, and The Arc's claim for additional HCB services for its members currently on the waiver.

The Court issued an order to clarify its November 17, 2000, order on December 22, 2000. Specifically, the Court stated that named individual Plaintiffs were to proceed as class representatives and that The Arc and named Plaintiffs were to be treated as distinct parties.

On December 19, 2000, the Court granted Defendants' motion for partial summary judgment on the ADA claims. The Court also denied: Defendants' motion to dismiss The Arc; Plaintiffs' motion to modify the class definition; and Plaintiffs' motion to amend judgment.

The parties asked the Court for preliminary approval of a class settlement that contained significant changes from the class definition previously formulated by the Court. As a result, two parties moved to intervene to object to the proposed settlement agreement and to decertify the class. On October 26, 2001, the Court denied the parties' motion for preliminary approval of the class settlement because it found that the proposed settlement class did not satisfy Federal Rules of Civil Procedure 23(a) and 23(b)(2). The Court denied the would-be intervenors' motions as moot and untimely.

The Court denied approval of a second amended settlement agreement on December 2, 2002. The Court also decertified the previously certified class and lifted the stay it had entered on October 26, 2001.

On May 30, 2003, the Court denied a motion to intervene from four plaintiffs from another case (Boyle v. Braddock, No. C01-5867-FDB).

On June 17, 2003, the Court granted Defendants' motion to dismiss. The Court found that The Arc lacked standing and that Plaintiffs had failed to exhaust their administrative remedies. Finally, the Court also found that it was appropriate to apply the abstention doctrine.

The Arc and individual plaintiffs appealed. On March 29, 2005, the Ninth Circuit Court of Appeals affirmed the District Court's opinion on the ADA issue. The Arc of Washington State v. Braddock, 427 F.3d 615 (9th Cir. 2005). The Court disposed of the other claims in an unpublished memorandum disposition and remanded, based on that, for further proceedings.

The parties executed a settlement agreement on May 23, 2007. Under the terms of the settlement agreement, Defendants were obliged to request additional funding for additional services and to pay $64,000 to Plaintiffs for attorney fees and costs. The Court dismissed the case on May 24, 2007.

Summary Authors

Haley Waller (4/12/2011)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4790059/parties/arc-of-washington-v-quasim/


Judge(s)

Arnold, J. Kelley (Washington)

Burgess, Franklin D. (Washington)

Clifton, Richard R. (Hawaii)

Fernandez, Ferdinand Francis (California)

Kozinski, Alex (California)

Attorneys(s) for Plaintiff

Ibrahim, Christine T. (Washington)

Jones, Larry A. (Washington)

Attorneys(s) for Defendant

Bashaw, Carrie L. (Washington)

Dee, Edward Joseph (Washington)

Gregoire, Christine O. (Washington)

Judge(s)

Arnold, J. Kelley (Washington)

Burgess, Franklin D. (Washington)

Clifton, Richard R. (Hawaii)

Fernandez, Ferdinand Francis (California)

Kozinski, Alex (California)

Attorneys(s) for Plaintiff

Ibrahim, Christine T. (Washington)

Jones, Larry A. (Washington)

Attorneys(s) for Defendant

Bashaw, Carrie L. (Washington)

Dee, Edward Joseph (Washington)

Gregoire, Christine O. (Washington)

McKenna, Robert M. (Washington)

Other Attorney(s)

Arthur, Patricia J. (Washington)

Dorfman, Deborah A. (Washington)

Documents in the Clearinghouse

Document

Docket

May 24, 2007 Docket
87

ORDER GRANTING PLAINTIFFS' MOTION TO MAINTAIN CLASS ACTION

Oct. 5, 2000 Order/Opinion
119

ORDER DENYING PLAINTIFFS' MOTION FOR PARTIAL SUMMARY JUDGMENT AND GRANTING IN PART DEFENDANTS' MOTION FOR SUMMARY JUDGMENT

Nov. 17, 2000 Order/Opinion
132

ORDER GRANTING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT ON ADA CLAIMS, AND DENYING MOTIONS TO DISMISS PLAINTIFF ARC, TO MODIFY CLASS DEFINITION, AND TO AMEND JUDGMENT

Dec. 19, 2000 Order/Opinion
134

ORDER

Dec. 22, 2000 Order/Opinion
149

MOTION FOR PRELIMINARY APPROVAL OF CLASS SETTLEMENT

Aug. 16, 2001 Pleading / Motion / Brief
150

MEMORANDUM IN SUPPORT OF MOTION FOR PRELIMINARY APPROVAL OF THE CLASS SETTLEMENT AGREEMENT

Aug. 16, 2001 Pleading / Motion / Brief
153

Memorandum in Support of Motion To Intervene for Limited Purposes

Aug. 23, 2001 Pleading / Motion / Brief
159

Memorandum In Support of Motion To Decertify Or To Modify The Class

Aug. 23, 2001 Pleading / Motion / Brief
167

OBJECTIONS TO THE SETTLEMENT AGREEMENT, RELEASE AND ORDER OF STAY PROPOSED BY THE PARTIES

Aug. 24, 2001 Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4790059/arc-of-washington-v-quasim/

Last updated May 13, 2022

ECF Number Description Date Link
401

ORDER OF DISMISSAL - all causes of action are are DISMISSED with prejudice and without further costs to any party by Judge J. Kelley Arnold. (KAM, )

May 24, 2007 RECAP
1

COMPLAINT − CLASS ACTION (Summons(es) issued) Receipt # 262300 (KM) (Entered: 11/09/1999)

Nov. 9, 1999
2

ORDER/NOTICE OF JOINT STATUS REPORT Joint Status Report due 3/9/00 (cc: counsel, Judge) (EC) (Entered: 11/10/1999)

Nov. 10, 1999
3

ORDER re: DISCOVERY and DEPOSITIONS by Judge Franklin D. Burgess (cc: counsel, Judge) (EC) (Entered: 11/10/1999)

Nov. 10, 1999
4

AFFIDAVIT OF SERVICE upon defendant Devel Disabilities of summons/complaint on 11/12/99 (EC) (Entered: 11/18/1999)

Nov. 18, 1999
5

AFFIDAVIT OF SERVICE upon defendant Marty Brown of summons/complaint on 11/12/99 (EC) (Entered: 11/18/1999)

Nov. 18, 1999
6

AFFIDAVIT OF SERVICE upon defendant Lyle Quasim of summons/complaint on 11/12/99 (EC) (Entered: 11/18/1999)

Nov. 18, 1999
7

AFFIDAVIT OF SERVICE upon defendant Financial Management of summons/complaint on 11/12/99 (EC) (Entered: 11/18/1999)

Nov. 18, 1999
8

RETURN OF SERVICE of summons and complaint executed upon defendant Gary Locke on 11/10/99 (DK) (Entered: 11/19/1999)

Nov. 19, 1999
9

RETURN OF SERVICE of summons and complaint executed upon defendant Social &Health Svc on 11/19/99 (CAR) (Entered: 11/29/1999)

Nov. 24, 1999
11

ATTORNEY APPEARANCE for all dfts by Edward J. Dee and JoAnn Sabol (CAR) (Entered: 12/02/1999)

Nov. 29, 1999
12

MOTION by dfts to dismiss , for a more definite statement , and to strike pursuant to Fed.R.Civ.P. 12(b), (e), (f), (g) and (h). NOTED FOR 12/17/99 (CAR) (Entered: 12/02/1999)

Nov. 29, 1999
13

MEMORANDUM by defendant in support of motion to dismiss [12−1], of motion for a more definite statement [12−2], of motion to strike pursuant to Fed.R.Civ.P. 12(b), (e), (f), (g) and (h). [12−3] (CAR) (Entered: 12/02/1999)

Nov. 29, 1999
14

DECLARATION of Joann Sabol re motion to dismiss [12−1], re motion for a more definite statement [12−2], re motion to strike pursuant to Fed.R.Civ.P. 12(b), (e), (f), (g) and (h). [12−3] (CAR) (Entered: 12/02/1999)

Nov. 29, 1999

LODGED ORDER re: motion to dismiss [12−1], motion for a more definite statement [12−2], and motion to strike pursuant to Fed.R.Civ.P. 12(b), (e), (f), (g) and (h). [12−3] (CAR) (Entered: 12/02/1999)

Nov. 29, 1999
15

AFFIDAVIT OF SERVICE by dfts of motion to dismiss [12−1], motion for a more definite statement [12−2], and motion to strike pursuant to Fed.R.Civ.P. 12(b), (e), (f), (g) and (h). [12−3], of memorandum [13−1], of declaration [14−1], of order lodged [0−0] (CAR) (Entered: 12/02/1999)

Nov. 29, 1999
16

AFFIDAVIT OF SERVICE upon defendant Timothy R Brown of summons/complaint on 12/6/99 (EC) (Entered: 12/09/1999)

Dec. 9, 1999
17

AFFIDAVIT OF SERVICE of summons/complaint upon Atty General Gregoire on 12/7/99 (EC) (Entered: 12/10/1999)

Dec. 10, 1999
18

AFFIDAVIT OF SERVICE by plaintiff of order [3−1], of discovery order [2−1] (EC) (Entered: 12/10/1999)

Dec. 10, 1999
19

RESPONSE by plaintiff to dfts' motion to dismiss [12−1], motion for a more definite statement [12−2], motion to strike pursuant to Fed.R.Civ.P. 12(b), (e), (f), (g) and (h). [12−3] (EC) (Entered: 12/13/1999)

Dec. 13, 1999
20

ORDER by Judge Franklin D. Burgess DENYING dfts' motion to dismiss [12−1], for a more definite statement [12−2], or to strike pursuant to Fed.R.Civ.P. 12(b), (e), (f), (g) and (h). [12−3] (cc: counsel, Judge) (EC) (Entered: 01/28/2000)

Jan. 28, 2000
21

ANSWER and affirmative answers to complaint [1−1] by defendant (EC) (Entered: 02/11/2000)

Feb. 11, 2000
22

JOINT STATUS REPORT filed by all parties. Est. Trial Days: 4−10 Attornies: attorney for plaintiff (EC) (Entered: 03/10/2000)

March 9, 2000
23

TRIAL NOTICE Discovery cutoff 9/19/00 Motion filing deadline 10/9/00 Pretrial order to be submitted by 12/14/00 Pretrial conference set for 2:30 2/22/00 Trial set for 9:00 1/16/01 Trial briefs to be submitted by 12/14/00 39.1 designation effective 9/29/00 (cc:all counsel) (KM) (Entered: 04/24/2000)

April 24, 2000
24

SUBSTITUTION OF COUNSEL on behalf of all dfts by Lucy Isaki. Terminating Attorney JoAnn Sabol. (CAR) (Entered: 05/09/2000)

May 9, 2000
25

LETTER by dfts' counsel re: Attys Isaki and Dee (EC) (Entered: 05/15/2000)

May 15, 2000

PROPOSED Stipulation on Disclosure of Experts (DK) (Entered: 07/11/2000)

July 11, 2000

PROPOSED Parties Stipulation to Extend Dates for Disclosure of Experts &for Discovery Regarding Experts (DK) (Entered: 07/25/2000)

July 24, 2000
26

STIPULATION and ORDER by Judge Franklin D. Burgess: Disclose Expert Witnesses by 7/21/00; all other dates and ddls remain unchanged (cc: counsel, Judge) (EC) (Entered: 07/31/2000)

July 31, 2000

PROPOSED Stip and Order to extend dates for disclosure of experts and for discovery re experts (EC) (Entered: 08/10/2000)

Aug. 10, 2000
27

EXPERT WITNESSES DISCLOSED by plaintiffs (DK) (Entered: 08/11/2000)

Aug. 11, 2000
28

EXPERT WITNESSES DISCLOSED by defendants (DK) (Entered: 08/15/2000)

Aug. 14, 2000
29

STIPULATION and ORDER by Judge Franklin D. Burgess to Extend Dates for Disclosure of Experts and for Discovery RE Experts (cc: counsel, Judge) (CAR) (Entered: 08/15/2000)

Aug. 15, 2000
30

MOTION by plaintiff to compel responses to interrogs and prod of docs NOTED FOR 9/1/00 (EC) (Entered: 08/17/2000)

Aug. 17, 2000
31

DECLARATION of Sue Elliott by plaintiff re pls' motion to compel responses to interrogs and prod of docs [30−1] (EC) (Entered: 08/17/2000)

Aug. 17, 2000
32

DECLARATION of Larry A. Jones by plaintiff re pls' motion to compel responses to interrogs and prod of docs [30−1] (EC) (Entered: 08/17/2000)

Aug. 17, 2000
33

MOTION by plaintiff for partial summary judgment NOTED FOR 9/8/00 (EC) (Entered: 08/18/2000)

Aug. 17, 2000
34

MEMORANDUM by plaintiff in support of pls' motion for partial summary judgment [33−1] (EC) (Entered: 08/18/2000)

Aug. 17, 2000
36

SECOND DECLARATION of Sue Elliott by plaintiff re pls' motion for partial summary judgment [33−1] (EC) (Entered: 08/18/2000)

Aug. 17, 2000
37

DECLARATION of Don and Sheryl Ludwigson by plaintiff re pls' motion for partial summary judgment [33−1] (EC) (Entered: 08/18/2000)

Aug. 17, 2000
38

DECLARATION of Teri Hewett by plaintiff re pls' motion for partial summary judgment [33−1] (EC) (Entered: 08/18/2000)

Aug. 17, 2000
39

DECLARATION of Nancy Meltzer by plaintiff re pls' motion for partial summary judgment [33−1] (EC) (Entered: 08/18/2000)

Aug. 17, 2000

LODGED ORDER: re: pls' motion for partial summary judgment [33−1] (EC) (Entered: 08/18/2000)

Aug. 17, 2000

PROPOSED Stip and Order to renote motion for partial summary judgment [33−1] and set briefing schedule (EC) (Entered: 08/23/2000)

Aug. 23, 2000

PROPOSED Stip and Order of Mediator (EC) (Entered: 08/24/2000)

Aug. 24, 2000
43

MOTION by dfts for protective order re Draft Simulated Audit NOTED FOR 9/8/00 (DK) (Entered: 08/28/2000)

Aug. 24, 2000

LODGED ORDER re: motion for protective order [43−1] (DK) (Entered: 08/28/2000)

Aug. 24, 2000
44

MOTION by dfts to strike allegations &memo in support of mtn NOTED FOR 9/8/00 (DK) (Entered: 08/28/2000)

Aug. 24, 2000

LODGED ORDER re: motion to strike allegations &memo in support of mtn [44−1] (DK) (Entered: 08/28/2000)

Aug. 24, 2000
45

AFFIDAVIT OF SERVICE by defendant of motion for protective order [43−1], of order lodged [0−0], of motion to strike allegations &memo in support of mtn [44−1], of order lodged [0−0] (DK) (Entered: 08/28/2000)

Aug. 24, 2000
40

DECLARATION of Edward Dee by defendant (EC) (Entered: 08/25/2000)

Aug. 25, 2000
41

ORDER by Judge Franklin D. Burgess; parties stipulated request to appnt Judge Arnold as mediator is denied (cc: counsel, Judge) (EC) (Entered: 08/25/2000)

Aug. 25, 2000
42

STIPULATION and ORDER by Judge Franklin D. Burgess that P' motion for partial summary judgment [33−1] shall be re−noted for 10/6/00. Dfts' shall file their resp brief w/the Court by 9/21/00. Pltfs' shall file their reply brief w/the Court by 10/5/00. (cc: counsel, Judge) (CAR) (Entered: 08/25/2000)

Aug. 25, 2000
46

RESPONSE/OPPOSITION by defendant to pl's motion to compel responses to interrogs and prod of docs [30−1] (EC) (Entered: 08/30/2000)

Aug. 28, 2000

DFTS' LODGED ORDER: re: pls' motion to compel responses to interrogs and prod of docs [30−1] (EC) (Entered: 08/30/2000)

Aug. 28, 2000
47

REPLY by plaintiff TO RESPONSE to pl's motion to compel responses to interrogs and prod of docs [30−1] (EC) (Entered: 09/01/2000)

Aug. 31, 2000
48

EXPERT WITNESS DISCLOSED by plaintiff (EC) (Entered: 09/01/2000)

Aug. 31, 2000
49

EXPERT REBUTTAL WITNESS DISCLOSED by defendant (EC) (Entered: 09/05/2000)

Sept. 5, 2000
50

RESPONSE by plaintiff to dft's motion for protective order [43−1] (EC) (Entered: 09/05/2000)

Sept. 5, 2000
51

MEMORANDUM IN OPPOSITION by plaintiff re dft's motion to strike class relief [44−1] (EC) (Entered: 09/05/2000)

Sept. 5, 2000
52

DECLARATION of Christine Thompson Ibrahim by plaintiff re dft's motion to strike class relief [44−1] (EC) (Entered: 09/05/2000)

Sept. 5, 2000
54

DECLARATION of Larry Jones by plaintiff re dft's motion to strike class relief [44−1] (EC) (Entered: 09/05/2000)

Sept. 5, 2000
55

REPLY by defendant TO RESPONSE to dft's motion to strike allegations &memo in support of mtn [44−1] (EC) (Entered: 09/07/2000)

Sept. 7, 2000
56

REPLY by defendant TO RESPONSE to dft's motion for protective order [43−1] (EC) (Entered: 09/07/2000)

Sept. 7, 2000
57

AFFIDAVIT of Dennis Braddock regarding motion to strike allegations &memo in support of mtn [44−1], regarding motion for protective order [43−1] (EC) (Entered: 09/07/2000)

Sept. 7, 2000
58

AFFIDAVIT OF SERVICE by plaintiff of motion to compel responses to interrogs and prod of docs [30−1] (EC) (Entered: 09/08/2000)

Sept. 8, 2000
59

AFFIDAVIT OF SERVICE by defendant of motion reply [56−1] (EC) (Entered: 09/11/2000)

Sept. 11, 2000
60

ORDER by Judge Franklin D. Burgess that Dfts' shall su;bmit the "WA State CAP Waiver Simulated Audit Report" (Audit Report) to this Court for in camera inspection in order to allow the Court to rule definitively on Dfts' clms of deliberative process, work product, &atty client privileges; and Dfts' clm of the self−critical analysis privilege is DENIED. (cc: counsel, Judge) (CAR) (Entered: 09/12/2000)

Sept. 12, 2000
61

MOTION by defendant for examination of plaintiffs NOTED FOR 9/29/00 (EC) (Entered: 09/14/2000)

Sept. 13, 2000

LODGED ORDER: re: dfts' motion for examination of plaintiffs [61−1] (EC) (Entered: 09/14/2000)

Sept. 13, 2000
62

MOTION by defendant to shorten time on motion for examination of plaintiffs [61−1] NOTED FOR 9/15/00 (EC) (Entered: 09/14/2000)

Sept. 13, 2000

LODGED ORDER: re: dfts' motion to shorten time on motion for examination of plaintiffs [61−1] [62−1] (EC) (Entered: 09/14/2000)

Sept. 13, 2000
63

ORDER by Judge Franklin D. Burgess GRANTING motion to shorten time on motion for examination of plaintiffs [61−1] [62−1], RENOTED FOR 9/19/00 motion for examination of plaintiffs [61−1]; response ddl is 9/18/00 (cc: counsel, Judge) (EC) (Entered: 09/15/2000)

Sept. 14, 2000
64

ORDER by Judge Franklin D. Burgess DENYING dfts' motion to strike allegations &memo in support of mtn [44−1]; dfts shall respond to pls' motion to certify class by 9/20/00 and reply ddl is 9/22/00 (cc: counsel, Judge) (EC) (Entered: 09/15/2000)

Sept. 14, 2000
65

DECLARATION of Wade Hitzing by defendant (EC) (Entered: 09/18/2000)

Sept. 18, 2000
66

SECOND DECLARATION of Edward Dee by defendant (EC) (Entered: 09/18/2000)

Sept. 18, 2000
67

REPLY by defendant TO RESPONSE to dft's motion for examination of plaintiffs [61−1] (EC) (Entered: 09/19/2000)

Sept. 18, 2000
68

SUPPLEMENT/SUBMITTAL OF PRIVILEGED REPORT FOR IN CAMERA INSPECTION in accord with 9/12/00 order [60−1] (EC) (Entered: 09/19/2000)

Sept. 18, 2000
69

MEMORANDUM RE ORDER to produce report for in camera inspection by dft [60−1] (EC) (Entered: 09/19/2000)

Sept. 18, 2000
70

RESPONSE by plaintiff to dfts' motion for examination of plaintiffs [61−1] (EC) (Entered: 09/20/2000)

Sept. 18, 2000
71

FIFTH DECLARATION of Larry A. Jones by plaintiff re dfts' motion for examination of plaintiffs [61−1] (EC) (Entered: 09/20/2000)

Sept. 18, 2000
75

Dfts' Opposition to Motion for Class Certification re: order [64−1] (DK) (Entered: 09/22/2000)

Sept. 20, 2000
76

DECLARATION of Lucy Isaki in support of dfts' opposition to class certification [75−1] (DK) Modified on 09/22/2000 (Entered: 09/22/2000)

Sept. 20, 2000

LODGED ORDER denying pltfs' motion for class certification re: response [75−1] (DK) (Entered: 09/22/2000)

Sept. 20, 2000
77

AFFIDAVIT OF SERVICE by defendant of declaration [74−1], of declaration [73−1], of declaration [72−1], of order lodged [0−0], of declaration [76−1], of response [75−1] (DK) (Entered: 09/22/2000)

Sept. 20, 2000
73

DECLARATION of Timothy Brown by defendant (EC) (Entered: 09/21/2000)

Sept. 21, 2000
74

DECLARATION of Linda Rolfe by defendant (EC) (Entered: 09/21/2000)

Sept. 21, 2000
79

RESPONSE to pls' motion for partial summary judgment [33−1] and CROSS−MOTION by defendant, for partial summary judgment, OA REQ NOTED FOR 10/13/00 (EC) Modified on 05/20/2003 (Entered: 09/25/2000)

Sept. 21, 2000
78

ORDER by Judge Franklin D. Burgess DENYING dfts' motion for protective order [43−1], GRANTING pl's motion to compel responses to interrogs and prod of docs [30−1]; dfts shall deliver copy of WA St CAP Waiver Simulated Audit Report to pls, neither party is awarded fees (cc: counsel, Judge) (EC) (Entered: 09/25/2000)

Sept. 22, 2000
81

THIRD DECLARATION of Sue Elliott (CAR) (Entered: 09/26/2000)

Sept. 22, 2000
82

SIXTH DECLARATION of Larry Jones (CAR) (Entered: 09/26/2000)

Sept. 22, 2000

REPLY by plaintiff to motion response [79−1] (DK) (Entered: 09/26/2000)

Sept. 22, 2000
83

Pltfs' REPLY on deemed mtn for class certification [75−1] (DK) (Entered: 09/26/2000)

Sept. 22, 2000

LODGED ORDER on class certification [83−1] (DK) (Entered: 09/26/2000)

Sept. 22, 2000
84

AFFIDAVIT OF SERVICE by plaintiffs of reply [83−1], of order lodged [0−0] (DK) (Entered: 09/26/2000)

Sept. 22, 2000
80

ORDER by Judge Franklin D. Burgess DENYING dfts' motion for examination of plaintiffs [61−1] (cc: counsel, Judge) (EC) (Entered: 09/25/2000)

Sept. 25, 2000
85

REQUEST by defendant for oral argument on class certification (EC) (Entered: 09/28/2000)

Sept. 27, 2000
86

NOTICE OF COMPLIANCE by plaintiff re: 39.1; unsuccessful attempt [0−0] (EC) (Entered: 10/02/2000)

Sept. 29, 2000
87

ORDER by Judge Franklin D. Burgess that Pltfs' deemed mtn for class certification (dkt #51) is GRANTED and named Pltfs' shall proceed in this action as reps of a class comprised of all developmentally disabled person in the State of WA who (i) meet the med &fin requirements for eligibility for ICF−MR svcs; (ii) have applied for HCB wv svcs; and (iii) have not rec'd HCB wv svcs, or not rec'd them w/reasonable promptness, &individuals who will be similarly situated in the future. [51−1] (cc: counsel, Judge) (CAR) (Entered: 10/05/2000)

Oct. 5, 2000
89

SECOND DECLARATION of Teri Hewett re motion for partial summary judgment [33−1] (CAR) (Entered: 10/06/2000)

Oct. 5, 2000

State / Territory: Washington

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Olmstead Cases

Key Dates

Filing Date: Nov. 9, 1999

Closing Date: 2007

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Individuals with developmental disabilities and the Arc of Washington State

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

NDRN/Protection & Advocacy Organizations

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

State of Washington, 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