Support the Civil Rights Litigation Clearinghouse?

The Civil Rights Litigation Clearinghouse is committed to making information about civil rights lawsuits public, accessible, and free. If you use our--recently revamped--website and the posted documents and information, would you consider a donation? Our small but mighty team relies principally on grant funding and donations. Can you help?

Support the Civil Rights Litigation Clearinghouse?

The Civil Rights Litigation Clearinghouse is committed to making information about civil rights lawsuits public, accessible, and free. If you use our--recently revamped--website and the posted documents and information, would you consider a donation? Our small but mighty team relies principally on grant funding and donations. Can you help?

Thank you!

DONATE

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 attrorneys, 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

3:99-cv-05577

Docket

May 24, 2007

May 24, 2007

Docket
87

3:99-cv-05577

ORDER GRANTING PLAINTIFFS' MOTION TO MAINTAIN CLASS ACTION

Oct. 5, 2000

Oct. 5, 2000

Order/Opinion
119

3:99-cv-05577

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

Nov. 17, 2000

Nov. 17, 2000

Order/Opinion
132

3:99-cv-05577

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

Dec. 19, 2000

Order/Opinion
134

3:99-cv-05577

ORDER

Dec. 22, 2000

Dec. 22, 2000

Order/Opinion
150

3:99-cv-05577

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

Aug. 16, 2001

Aug. 16, 2001

Pleading / Motion / Brief
149

3:99-cv-05577

MOTION FOR PRELIMINARY APPROVAL OF CLASS SETTLEMENT

Aug. 16, 2001

Aug. 16, 2001

Pleading / Motion / Brief
159

3:99-cv-05577

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

Aug. 23, 2001

Aug. 23, 2001

Pleading / Motion / Brief
153

3:99-cv-05577

Memorandum in Support of Motion To Intervene for Limited Purposes

Aug. 23, 2001

Aug. 23, 2001

Pleading / Motion / Brief
167

3:99-cv-05577

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

Aug. 24, 2001

Aug. 24, 2001

Pleading / Motion / Brief

Docket

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

Last updated Nov. 2, 2022, 3:10 a.m.

ECF Number Description Date Link Date / Link
1

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

Nov. 9, 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

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

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

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

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

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

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

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

Nov. 24, 1999

11

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

Nov. 29, 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

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

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

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

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

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

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

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

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

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

Jan. 28, 2000

21

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

Feb. 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

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

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

May 9, 2000

25

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

May 15, 2000

May 15, 2000

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

July 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

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

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

Aug. 10, 2000

27

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

Aug. 11, 2000

Aug. 11, 2000

28

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

Aug. 14, 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

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

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

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

Aug. 17, 2000

33

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

Aug. 17, 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

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

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

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

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

Aug. 17, 2000

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

Aug. 17, 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

Aug. 23, 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

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

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

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

Aug. 24, 2000

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

Aug. 24, 2000

Aug. 24, 2000

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

Aug. 24, 2000

Aug. 24, 2000

40

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

Aug. 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

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

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

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

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

Aug. 31, 2000

48

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

Aug. 31, 2000

Aug. 31, 2000

49

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

Sept. 5, 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

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

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

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

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

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

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

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

Sept. 8, 2000

59

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

Sept. 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

Sept. 12, 2000

61

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

Sept. 13, 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

Sept. 13, 2000

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

Sept. 13, 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

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

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

Sept. 14, 2000

65

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

Sept. 18, 2000

Sept. 18, 2000

66

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

Sept. 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

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

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

Sept. 18, 2000

70

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

Sept. 18, 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

Sept. 18, 2000

75

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

Sept. 20, 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

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

Sept. 20, 2000

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

Sept. 20, 2000

Sept. 20, 2000

73

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

Sept. 21, 2000

Sept. 21, 2000

74

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

Sept. 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

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

Sept. 22, 2000

81

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

Sept. 22, 2000

Sept. 22, 2000

82

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

Sept. 22, 2000

Sept. 22, 2000

83

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

Sept. 22, 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

Sept. 22, 2000

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

Sept. 22, 2000

Sept. 22, 2000

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

Sept. 22, 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

Sept. 25, 2000

85

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

Sept. 27, 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

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

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

Oct. 5, 2000

90

SECOND DECLARATION of Don and Sheryl Ludwigson re motion for partial summary judgment [33−1] (CAR) (Entered: 10/06/2000)

Oct. 5, 2000

Oct. 5, 2000

Case Details

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