Case: Townsend v. Quasim

2:00-cv-00944 | U.S. District Court for the Western District of Washington

Filed Date: May 31, 2000

Closed Date: 2006

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Case Summary

On May 31, 2000, Washington residents with disabilities filed a lawsuit under the Americans with Disabilities Act against the Secretary of the State of Washington Department of Social and Health Services (DSHS) 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 Washington state's current provisions for the medically need violate the ADA.On January 31, 2001, …

On January 31, 2001, the Court (Judge Thomas S. Zilly) entered a stipulation and order regarding the definition of the class. The class was defined as follows: Washington residents who are or will be (1) individuals with a disability within the meaning of 42 U.S.C. § 12102(2)(A); (2) eligible under the State Medicaid Plan for nursing facility care; and (3) eligible for COPES Medicaid waiver services but for having income that exceeds the categorically needy income limit (300% of the Supplemental Security Income federal benefit rate).

The Court granted Defendants' motion for summary judgment on June 20, 2001, concluding that Defendants had not violated the ADA because Plaintiffs were excluded from public programming based on their income and not on their disability. Townsend v. Quasim, 163 F. Supp. 2d 1281 (W.D. Wash. 2001).

The Ninth Circuit Court of Appeals reversed the District Court's grant of summary judgment for the Secretary of Washington's Department of Social and Health Services on May 1, 2003. Townsend v. Quasim, 328 F.3d 511 (9th Cir. 2003). The Court found that the Secretary's refusal to offer community-based in-home nursing services to some disabled persons may violated the ADA.

On January 21, 2004, the parties came to a preliminary agreement, and the Court stayed proceedings for two years. Defendants agreed to a number of things, including: Defendant agreed to provide community-based and in-home long-term care services to class members; Defendant would continue to provide for 600 class members to receive long-term care services in community-based settings and would implement long-term in-home care services for 200 class members; and, Defendant would pay Plaintiffs' counsel $175,000 in attorneys' fees and costs.

The parties submitted a joint status report and a stipulation for dismissal without prejudice on June 30, 2006. There has been no further action in the case.

Summary Authors

Haley Waller (4/30/2011)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/11284081/parties/townsend-v-quasim/

Judge(s)

Beezer, Robert R. (Washington)

Berzon, Marsha Siegel (California)

Attorney for Plaintiff

Brenneke, Andrea (Washington)

Ford, Timothy D. (Washington)

Frank, Katrin E. (Washington)

Attorney for Defendant

Judge(s)

Beezer, Robert R. (Washington)

Berzon, Marsha Siegel (California)

Gould, Ronald Murray (Washington)

Zilly, Thomas Samuel (Washington)

Attorney for Plaintiff

Brenneke, Andrea (Washington)

Ford, Timothy D. (Washington)

Frank, Katrin E. (Washington)

Attorney for Defendant

Latsinova, Rita (Washington)

Smith, Alan (Washington)

Williams, William Lee (Washington)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

2:00-cv-00944	Docket	June 30, 2006	June 30, 2006 Docket
45 2:00-cv-00944	STIPULATION AND ORDER RE DEFINITION OF CLASS	Jan. 31, 2001	Jan. 31, 2001 Order/Opinion
76 2:00-cv-00944	ORDER	June 20, 2001	June 20, 2001 Order/Opinion 163 F.Supp.2d 1281
78 2:00-cv-00944	Decision by Court	July 10, 2001	July 10, 2001 Order/Opinion
2:00-cv-00944 01-35689	PLA1NTIFF-APPELLANT'S REPLY BRIEF U.S. Court of Appeals for the Ninth Circuit	Jan. 23, 2002	Jan. 23, 2002 Pleading / Motion / Brief
2:00-cv-00944	OPINION U.S. Court of Appeals for the Ninth Circuit	May 1, 2003	May 1, 2003 Order/Opinion 328 F.3d 511
90 2:00-cv-00944	STIPULATED AGREEMENT AND ORDER STAYING PROCEEDINGS	Jan. 21, 2004	Jan. 21, 2004 Order/Opinion
92 2:00-cv-00944	JOINT STATUS REPORT	June 23, 2004	June 23, 2004 Pleading / Motion / Brief
101 2:00-cv-00944	JOINT STATUS REPORT AND STIPULATION FOR ORDER OF DISMISSAL WITHOUT PREJUDICE Townsend v. Arnold-Williams	June 30, 2006	June 30, 2006 Pleading / Motion / Brief

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/11284081/townsend-v-quasim/

Last updated Sept. 22, 2026, 5:37 p.m.

Docket for: Townsend v. Quasim

ECF Number	Date	Description	Link
1	May 31, 2000	NOTICE of petition for REMOVAL by defendant from King Cty Sup Ct, Case Number: 00-2-11158-4 SEA Receipt No. 500071 (PM) (Entered: 06/06/2000)	RECAP
2	June 7, 2000	ANSWER to complaint [1-2] by defendant Lyle Quasim (CL) (Entered: 06/13/2000)	RECAP
3	June 7, 2000	SUPPLEMENTATION OF STATE COURT RECORD by defendant Lyle Quasim (CL) (Entered: 06/13/2000)	RECAP
4	June 14, 2000	MAIL RETURNED: re letter to cnsl on removal; addressed to Alan Smith. Re-mailed to correct address. (PM) Modified on 06/23/2000 (Entered: 06/16/2000)	RECAP
5	July 11, 2000	ORDER re: DISCOVERY and DEPOSITIONS by Judge Thomas S. Zilly (cc: counsel, Judge) (TG) (Entered: 07/11/2000)	RECAP
6	July 11, 2000	ORDER/NOTICE OF JOINT STATUS REPORT Joint Status Report due 8/18/00 (cc: counsel, Judge) (TG) (Entered: 07/11/2000)	RECAP
7	Aug. 2, 2000	MOTION by plaintiff for class certification NOTED FOR 8/18/00 (KERR) (Entered: 08/03/2000)	RECAP
8	Aug. 2, 2000	DECLARATION of Andrea Brenneke by plaintiff re motion for class certification [7-1] (KERR) (Entered: 08/03/2000)	RECAP
9	Aug. 2, 2000	DECLARATION of Adonaca Moore by plaintiff re motion for class certification [7-1] (KERR) (Entered: 08/03/2000)	RECAP
10	Aug. 2, 2000	DECLARATION of Abron Moore by plaintiff re motion for class certification [7-1] (KERR) (Entered: 08/03/2000)	RECAP
11	Aug. 2, 2000	DECLARATION of Beverly Edwards by plaintiff re motion for class certification [7-1] (KERR) (Entered: 08/03/2000)	RECAP
12	Aug. 2, 2000	DECLARATION of Joanne Morrow by plaintiff re motion for class certification [7-1] (KERR) (Entered: 08/03/2000)	RECAP
13	Aug. 2, 2000	DECLARATION of Brad Lampman by plaintiff re motion for class certification [7-1] (KERR) (Entered: 08/03/2000)	RECAP
14	Aug. 2, 2000	DECLARATION of Marjorie Lampman by plaintiff re motion for class certification [7-1] (KERR) (Entered: 08/03/2000)	RECAP
15	Aug. 2, 2000	AFFIDAVIT OF SERVICE by plaintiff of motion for class certification [7-1] etc (KERR) (Entered: 08/03/2000)	RECAP
	Aug. 2, 2000	LODGED ORDER: re: motion for class certification [7−1] (KERR) (Entered: 08/03/2000)	PACER
	Aug. 2, 2000	LODGED ORDER: re: motion for class certification [7-1] (KERR)
16	Aug. 9, 2000	PRAECIPE: by plaintiff re: please supplement the motion for class certification [7-1] w/ the decl of Terra McCaffree and decl of Richard Einar (KERR) (Entered: 08/14/2000)	RECAP
17	Aug. 9, 2000	DECLARATION of Terra McCaffree by plaintiff re motion for class certification [7-1] (KERR) (Entered: 08/14/2000)	RECAP
18	Aug. 9, 2000	DECLARATION of Richard M Einar by plaintiff re motion for class certification [7-1] (KERR) (Entered: 08/14/2000)	RECAP
19	Aug. 9, 2000	AFFIDAVIT OF SERVICE by plaintiff of praecipe [16-1] etc (KERR) (Entered: 08/14/2000)	RECAP
20	Aug. 14, 2000	MEMORANDUM by defendant in opposition to motion for class certification [7-1] (MD) (Entered: 08/18/2000)	RECAP
21	Aug. 14, 2000	DECLARATION of Bill Moss re: memorandum [20-1] (MD) (Entered: 08/18/2000)	RECAP
22	Aug. 14, 2000	DECLARATION of Lorrie Mahar re: memorandum [20-1] (MD) (Entered: 08/18/2000)	RECAP
23	Aug. 17, 2000	REPLY by plaintiff TO RESPONSE to motion for class certification [7-1] (VK) (Entered: 08/21/2000)	RECAP
24	Aug. 17, 2000	DECLARATION of Katrin E. Frank by plaintiff re: motion reply [23-1] (VK) (Entered: 08/21/2000)	RECAP
25	Aug. 17, 2000	Second DECLARATION of Terra McCaffree by plaintiff re: motion reply [23-1] (VK) (Entered: 08/21/2000)	RECAP
26	Aug. 17, 2000	AFFIDAVIT OF SERVICE by plaintiff of motion reply [23-1] etc. (VK) (Entered: 08/21/2000)	RECAP
27	Aug. 18, 2000	JOINT STATUS REPORT filed by all parties. Est. Trial Days: 5 (CL) (Entered: 08/22/2000)	RECAP
28	Aug. 23, 2000	MOTION by defendant Lyle Quasim to strike declrs in support of pltf's mtn for class certif. NOTED FOR 9/8/00 (CL) (Entered: 08/23/2000)	RECAP
29	Aug. 23, 2000	MEMORANDUM by defendant Lyle Quasim in support of motion to strike declrs in support of pltf's mtn for class certif. [28-1] (CL) (Entered: 08/23/2000)	RECAP
30	Aug. 23, 2000	MOTION by defendant Lyle Quasim to shorten time on motion to strike declrs in support of pltf's mtn for class certif. [28-1] NOTED FOR 8/25/00 (CL) (Entered: 08/23/2000)	RECAP
31	Aug. 23, 2000	DECLARATION of Alan Smith by defendant Lyle Quasim n support of motion to shorten time on motion to strike declrs in support of pltf's mtn for class certif. [28-1] [30-1] (CL) (Entered: 08/23/2000)	RECAP
	Aug. 23, 2000	LODGED ORDER: re: motion to strike declrs in support of pltf's mtn for class certif. [28−1] (CL) (Entered: 08/23/2000)	PACER
	Aug. 23, 2000	LODGED ORDER: re: motion to shorten time on motion to strike declrs in support of pltf's mtn for class certif. [28−1] [30−1] (CL) (Entered: 08/23/2000)	PACER
	Aug. 23, 2000	LODGED ORDER: re: motion to strike declrs in support of pltf's mtn for class certif. [28-1] (CL)
	Aug. 23, 2000	LODGED ORDER: re: motion to shorten time on motion to strike declrs in support of pltf's mtn for class certif. [28-1] [30-1] (CL)
32	Aug. 25, 2000	RESPONSE by plaintiff to motion to strike declrs in support of pltf's mtn for class certif. [28-1] (KERR) (Entered: 08/28/2000)	RECAP
33	Aug. 25, 2000	DECLARATION of Katrin Frank by plaintiff re: motion response [32-1] (KERR) (Entered: 08/28/2000)	RECAP
34	Aug. 25, 2000	AFFIDAVIT OF SERVICE by plaintiff of motion response [32-1] etc (KERR) (Entered: 08/28/2000)	RECAP
35	Aug. 28, 2000	REPLY by defendant TO RESPONSE to motion to strike declrs in support of pltf's mtn for class certif. [28-1] (KERR) (Entered: 08/29/2000)	RECAP
36	Aug. 28, 2000	DECLARATION of Alan Smith by defendant re: motion reply [35-1] (KERR) (Entered: 08/29/2000)	RECAP
37	Aug. 30, 2000	MINUTE ORDER is made by direction of the Court, the Honorable Thomas S. Zilly, US District Judge. The Court DENIES dft's motion to shorten time on motion to strike declrs in support of mtn for class certif. [28-1] [30-1]. The Court will consider dft's underlying mtn to strike declarations (docket #28) contemporaneously with mtn for class certification. RENOTED FOR 9/8/00 motion for class certification [7-1] (cc: counsel, Judge) (CL) (Entered: 08/30/2000)	RECAP
38	Aug. 31, 2000	ORDER REGARDING SCHEDULING AND OTHER PRETRIAL MATTERS by Judge Thomas S. Zilly ; discovery ddl set 6/19/01 ; mtn filing ddl set 6/21/01 ; pretrial order ddl set 8/29/01 ; pretrial conf set 8/31/01 ; trial brief ddl set 9/12/01 ; trial set 9/17/01, Motions in Limine deadline 8/16/01 ; Deadline to Join Additional Parties is 12/31/00 ; Disclose Expert Witnesses by 4/20/01 ; Disclose Rebuttal Expert Witnesses by 5/21/01; estimated length of trial 4-5 days. (cc: counsel, Judge) (CL) (Entered: 09/06/2000)	RECAP
39	Aug. 31, 2000	ORDER DESIGNATING CASE FOR MEDIATION by Judge Thomas S. Zilly. Mediation will be completed within 60 days after completion of discovery. (cc: counsel, Judge) (CL) (Entered: 09/06/2000)	RECAP
40	Sept. 12, 2000	MINUTE ORDER is made by direction of the Court, the Honorable Thomas S. Zilly, US District Judge. The Court hereby GRANTS dft's request to file a sur-reply with respect to the additional declarations presented with pltf's mtn for class certification, docket #23. The sur-reply shall be filed with the Court by 9/22/00, and shall not exceed (6) pages. Pltf's mtn to certify class, docket #7, is RENOTED for 9/22/00. (cc: counsel, Judge,) (CL) (Entered: 09/13/2000)	RECAP
41	Sept. 22, 2000	SUR-REPLY by defendant Lyle Quasim re: on deft's answer to motion for class certification [7-1] (MD) (Entered: 09/25/2000)	RECAP
42	Sept. 22, 2000	DECLARATION of Penny Black re: reply [41-1] (MD) (Entered: 09/25/2000)	RECAP
44	Oct. 19, 2000	NOTICE by defendant Lyle Quasim of ASSOCIATION OF ATTORNEY David R Goodnight w/Alan Smith (MD) (Entered: 10/24/2000)	RECAP
43	Oct. 20, 2000	MINUTES of oral argument: TSZ; Dep Clerk: CC; CR: Sue Palmerton; Counsel K. Frank, A. Smith, R. Latsinova; GRANTING motion to strike declrs in support of pltf's mtn for class certif. [28-1]; GRANTING motion for class certification [7-1]; court directs counsel to draft order re class (VK) (Entered: 10/24/2000)	RECAP
	Jan. 29, 2001	LODGED ORDER: stipulation and order re: definition of class (MD) (Entered: 01/29/2001)	PACER
	Jan. 29, 2001	LODGED ORDER: stipulation and order re: definition of class (MD)
45	Jan. 31, 2001	STIPULATION and ORDER by Judge Thomas S. Zilly re: definition of class (cc: counsel, Judge) (MD) (Entered: 02/01/2001)	RECAP
46	March 8, 2001	MOTION and memorandum by defendant to stay discovery noted for 3/23/01 (MD) (Entered: 03/09/2001)	RECAP
47	March 8, 2001	DECLARATION of Alan Smith re motion to stay discovery [46-1] (MD) (Entered: 03/09/2001)	RECAP
48	March 8, 2001	MOTION and memorandum by defendant for summary judgment, Oral argument requested NOTED FOR 3/30/01 (MD) (Entered: 03/09/2001)	RECAP
49	March 8, 2001	DECLARATION of Alan Smith re motion for summary judgment, Oral argument requested [48-1] (MD) (Entered: 03/09/2001)	RECAP
50	March 8, 2001	DECLARATION of Penny Black re motion for summary judgment, Oral argument requested [48-1] (MD) (Entered: 03/09/2001)	RECAP
	March 8, 2001	LODGED ORDER: re: motion to stay discovery [46−1] (MD) (Entered: 03/09/2001)	PACER
	March 8, 2001	LODGED ORDER: re: motion for summary judgment, Oral argument requested [48−1] (MD) (Entered: 03/09/2001)	PACER
	March 8, 2001	LODGED ORDER: re: motion to stay discovery [46-1] (MD)
	March 8, 2001	LODGED ORDER: re: motion for summary judgment, Oral argument requested [48-1] (MD)
51	March 19, 2001	RESPONSE by plaintiff to deft's motion to stay discovery [46-1] (MD) (Entered: 03/20/2001)	RECAP
52	March 21, 2001	AFFIDAVIT OF SERVICE OF DEPOSITION SUBPOENA of Katrin E. Frank on 3/14/01 (MD) (Entered: 03/22/2001)	RECAP
53	March 22, 2001	REPLY by defendant's re: motion to stay discovery [46-1] (MD) (Entered: 03/26/2001)	RECAP
54	March 22, 2001	DECLARATION (second) of Alan Smith re: reply [53-1] (MD) (Entered: 03/26/2001)	RECAP
55	March 26, 2001	RESPONSE by plaintiff to deft's motion for summary judgment, Oral argument requested [48-1] (MD) (Entered: 03/28/2001)	RECAP
56	March 26, 2001	DECLARATION of Andrea Brenneke re: motion response [55-1]w/attachments (MD) (Entered: 03/28/2001)	RECAP
57	March 26, 2001	AFFIDAVIT OF SERVICE by plaintiff of motion response [55-1] (MD) (Entered: 03/28/2001)	RECAP
58	March 29, 2001	PRAECIPE: by plaintiff to subst pages 20 & 21 re: motion response [55-1] (MD) (Entered: 03/30/2001)	RECAP
59	March 29, 2001	REPLY by defendant Lyle Quasim re: on deft's motion for sj, oral argument requested [48-1] (MD) (Entered: 04/02/2001)	RECAP
60	April 23, 2001	EXPERT WITNESS DISCLOSED by defendant Lyle Quasim (CL) (Entered: 04/24/2001)	RECAP
61	April 26, 2001	MINUTE ORDER: by Judge Thomas S. Zilly RE-NOTED FOR 5/23/01 motion for summary judgment, Oral argument requested [48-1], DENYING motion to stay discovery until the motion for sj is decided. [46-1] Oral hrg set for 10:00 5/23/01 re: motion for sj (cc: counsel, Judge) (MD) (Entered: 04/26/2001)	RECAP
62	May 1, 2001	LETTER from Katrin Frank confirm oral argument on sj cont to 5/22/01 at 1:30 p.m. (MD) (Entered: 05/01/2001)	RECAP
63	May 9, 2001	SUPPLEMENTAL Disclosure by defendant Lyle Quasim re: witness expert [60-1] (VB) (Entered: 05/10/2001)	RECAP
64	May 18, 2001	SUBMISSION SUPPLEMENTAL AUTHORITY by defendant re motion for summary judgment, Oral argument requested [48-1] (MD) (Entered: 05/18/2001)	RECAP
65	May 22, 2001	MINUTES: TSZ; Dep Clerk: Elva; CR: Caroline Castle; Pla Counsel Katrin Frank; Def Counsel Rita Latsinova/Alan Smith. Oral argument on defts motion for sj and court takes under submission. Discovery ddl extended to 7/20/01 (MD) (Entered: 05/23/2001)	RECAP
66	May 30, 2001	MOTION AND MEMORANDUM IN SUPPORT by plaintiffs for leave to file amd complaint NOTED FOR 6/15/01 (KERR) (Entered: 05/30/2001)	RECAP
67	May 30, 2001	MOTION by plaintiff to shorten time on motion for leave to file amd complaint [66-1] NOTED FOR 6/1/01 (KERR) (Entered: 05/30/2001)	RECAP
68	May 30, 2001	CERTIFIED STATEMENT OF KATRIN FRANK by plaintiff in support of motion to shorten time on motion for leave to file amd complaint [66-1] [67-1] (KERR) (Entered: 05/30/2001)	RECAP
69	May 30, 2001	AFFIDAVIT OF SERVICE by plaintiff of motion for leave to file amd complaint [66-1] etc (KERR) (Entered: 05/30/2001)	RECAP
	May 30, 2001	LODGED ORDER: re: motion for leave to file amd complaint [66−1] (KERR) (Entered: 05/30/2001)	PACER
	May 30, 2001	LODGED ORDER: re: motion to shorten time on motion for leave to file amd complaint [66−1] [67−1] (KERR) (Entered: 05/30/2001)	PACER
	May 30, 2001	LODGED ORDER: re: motion for leave to file amd complaint [66-1] (KERR)
	May 30, 2001	LODGED ORDER: re: motion to shorten time on motion for leave to file amd complaint [66-1] [67-1] (KERR)
70	June 4, 2001	MEMORANDUM by defendant in opposition to pltfs' motion for leave to file amd complaint [66-1] (MD) (Entered: 06/05/2001)	RECAP
71	June 8, 2001	REPLY by plaintiff re: in support of their motion for leave to file amended complaint [66-1] (MD) (Entered: 06/11/2001)	RECAP
72	June 8, 2001	STATEMENT (certified) of Katrin E. Frank in support of pltfs' re: reply [71-1] (MD) (Entered: 06/11/2001)	RECAP
73	June 8, 2001	AFFIDAVIT OF SERVICE by plaintiff Levi Townsend of reply [71-1] (MD) (Entered: 06/11/2001)	RECAP
74	June 15, 2001	MINUTE ORDER: by Judge Thomas S. Zilly GRANTING pltf's unopposed motion to shorten time on motion for leave to file amd complaint [66-1] [67-1], GRANTING pltf's motion for leave to file amd complaint [66-1] (cc: counsel, Judge) (MD) (Entered: 06/18/2001)	RECAP
77	June 15, 2001	AMENDED COMPLAINT [1-2] by plaintiff Levi Townsend (MD) (Entered: 06/21/2001)	RECAP
75	June 18, 2001	ORDER by Judge Thomas S. Zilly GRANTING pltfs' motion for leave to file amd complaint [66-1] (cc: counsel, Judge) (MD) (Entered: 06/19/2001)	RECAP
76	June 20, 2001	ORDER by Judge Thomas S. Zilly GRANTING Deft's motion for summary judgment [48-1] (cc: counsel, Judge) (MD) (Entered: 06/21/2001)	RECAP
78	July 10, 2001	JUDGMENT: by Judge Thomas S. Zilly, Court grants the deft's motion for sj and this action is hereby dismissed with prejudice. (cc: counsel, Judge, Jgm. Book) Entered on: 7/11/01 (MD) (Entered: 07/11/2001)	RECAP
79	July 11, 2001	TRANSCRIPT of proceedings for the following date(s): 05/22/01 (Re: Deft's Motion for Summary Judgment) CR initials: C. Castle (SA) (Entered: 07/11/2001)	RECAP
80	July 18, 2001	NOTICE OF APPEAL by plaintiff Levi Townsend from Dist. Court decision [76-1], [78-1] (cc: CCA, Judge, counsel) (SA) (Entered: 07/23/2001)	RECAP
	July 18, 2001	APPEAL FEE RECEIVED: Appellant paid fee in the amount of $105.00 (Receipt #601383) (SA) (Entered: 07/23/2001)	PACER
	July 18, 2001	APPEAL FEE RECEIVED: Appellant paid fee in the amount of $105.00 (Receipt #601383) (SA)
	July 23, 2001	Civil Appeals Docketing Statement, by plaintiff Levi Townsend , forwarded to the Mediator's Office in Seattle. [80−1] (SA) (Entered: 07/23/2001)	PACER
	July 23, 2001	APPEAL NOTIFICATION packet sent to CCA (cc: cnsl) (SA) (Entered: 07/23/2001)	PACER