Case: Arc of Washington v. Quasim

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

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

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

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

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

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

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

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

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

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

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)

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)

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)

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)

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)

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

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

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

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)

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)

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

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

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)

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

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

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

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

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)

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

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

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

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)

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

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)

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)

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

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

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

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

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

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

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

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

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

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

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

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

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

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)

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

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)

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)

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

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

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)

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

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

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

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

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

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

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

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

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)

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

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

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)

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

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

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

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

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)

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)

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

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

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

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

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

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

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

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

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

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

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)

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

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

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)

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)

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

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

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

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

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

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

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

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

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

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)

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

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