Case: Nelson v. Milwaukee County

2:04-cv-00193 | U.S. District Court for the Eastern District of Wisconsin

Filed Date: Jan. 28, 2004

Closed Date: 2004

Clearinghouse coding complete

Case Summary

On January 28, 2004, residents of adult family homes and community-based residential services who received Family Care services from Milwaukee County filed a lawsuit under the Americans with Disabilities Act and the Rehabilitation Act against Milwaukee County in the Milwaukee County Circuit Court. Defendants removed to the United States District Court for the Eastern District of Wisconsin on February 25, 2004. Plaintiffs, represented by public interest counsel, asked the Court for declaratory…

On January 28, 2004, residents of adult family homes and community-based residential services who received Family Care services from Milwaukee County filed a lawsuit under the Americans with Disabilities Act and the Rehabilitation Act against Milwaukee County in the Milwaukee County Circuit Court. Defendants removed to the United States District Court for the Eastern District of Wisconsin on February 25, 2004. Plaintiffs, represented by public interest counsel, asked the Court for declaratory and injunctive relief, claiming that Milwaukee County pays Plaintiffs' facilities less than other counties pay for comparable services and less than Milwaukee County pays for services for persons not enrolled in Family Care.

On February 7, 2006, the Court (Lynn Adelman) granted in part and denied in part Defendants' motions to dismiss. Specifically, Defendants' motions with respect to claims seeking damages for past conduct were granted.

The Court granted Plaintiffs' motion for class certification on October 13, 2006. Bzdawka v. Milwaukee County, 238 FRD 469 (E.D. Wis. 2006). The class consisted of disabled Milwaukee County residents who are now or will in the future be eligible to reside in a Family Care facility.

On March 27, 2007, the Court (Magistrate Judge Patricia J. Gorence) issued a stay pending possible settlement negotiations.

The Court issued an order preliminarily approving the proposed settlement agreement on August 21, 2007.

The Court executed the Settlement Agreement on October 19, 2007. Among other things, the agreement required Defendants to modify and improve staff training, review, needs assessments, and collaboration.

The case has been closed.

Summary Authors

Haley Waller (5/19/2011)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4640824/parties/gerald-nelson-v-milwaukee-county/


Judge(s)

Adelman, Lynn S. (Wisconsin)

Gorence, Patricia J. (Wisconsin)

Attorney for Plaintiff
Attorney for Defendant

Burke, Mary E. (Wisconsin)

Dudley, David (Wisconsin)

Flanagan, Maureen McGlynn (Wisconsin)

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Documents in the Clearinghouse

Document

2:04-cv-00193

Docket

Oct. 19, 2007

Oct. 19, 2007

Docket
1-2

2:04-cv-00193

NOTICE OF REMOVAL PURSUANT TO TITLE 28 U.S.C. § 1441 & COMPLAINT

Jan. 28, 2003

Jan. 28, 2003

Complaint
8

2:04-cv-00193

BRIEF IN SUPPORT OF MOTION FOR PRELIMINARY INJUNCTION, AN EXPEDITED SCHEDULING CONFERENCE AND FOR PERMISSION TO FILE FIRST AMENDED COMPLAINT

April 9, 2004

April 9, 2004

Pleading / Motion / Brief
15

2:04-cv-00193

DEFENDANT MILWAUKEE COUNTY’S BRIEF IN OPPOSITION TO PLAINTIFFS’ MOTION FOR PRELIMINARY INJUNCTION

April 13, 2004

April 13, 2004

Pleading / Motion / Brief
37

2:04-cv-00193

THIRD AMENDED COMPLAINT

Aug. 19, 2004

Aug. 19, 2004

Complaint
38

2:04-cv-00193

MILWAUKEE COUNTY’S ANSWER TO THIRD AMENDED COMPLAINT

Sept. 10, 2004

Sept. 10, 2004

Pleading / Motion / Brief
69

2:04-cv-00193

BRIEF IN SUPPORT OF MILWAUKEE COUNTY’S MOTION FOR JUDGMENT ON THE PLEADINGS

June 15, 2005

June 15, 2005

Pleading / Motion / Brief
71

2:04-cv-00193

STATE DEFENDANTS’ BRIEF IN SUPPORT OF MOTIONS TO DISMISS FOURTH AMENDED COMPLAINT

Nelson v. Milwaukee. County

June 15, 2005

June 15, 2005

Pleading / Motion / Brief
77

2:04-cv-00193

PLAINTIFFS' BRIEF IN OPPOSITION TO STATE DEFENDANTS' MOTION TO DISMISS AND IN OPPOSITION TO MILWAUKEE COUNTY'S MOTION FOR JUDGMENT ON THE PLEADINGS

July 22, 2005

July 22, 2005

Pleading / Motion / Brief
81-1

2:04-cv-00193

STATE DEFENDANTS’ REPLY BRIEF IN SUPPORT OF MOTIONS TO DISMISS FOURTH AMENDED COMPLAINT

Aug. 5, 2005

Aug. 5, 2005

Pleading / Motion / Brief

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4640824/gerald-nelson-v-milwaukee-county/

Last updated Aug. 21, 2025, 12:27 a.m.

ECF Number Description Date Link Date / Link
1

NOTICE OF REMOVAL by Milwaukee County from Milwaukee County Circuit Court, Case Number: 04cv000862 with attached S/C. Consent Forms Distributed for Magistrate Judge Patricia Gorence. E-File Notification Distributed. ( Filing fee $ 150 ) (cms, ) Modified on 3/15/2004 PDF disk received from filer.(cms, ).

Feb. 25, 2004

Feb. 25, 2004

PACER
2

Docket Annotation; emailed plaintiff's attorney re: the PDF document requirement. (cms, )

March 3, 2004

March 3, 2004

PACER
3

ANSWER to Complaint by Milwaukee County.(cms, ) (Entered: 03/15/2004)

March 9, 2004

March 9, 2004

PACER
4

REFUSAL of Consent to Jurisdiction by US Magistrate Judge by Milwaukee County (cms, ) (Entered: 03/15/2004)

March 9, 2004

March 9, 2004

PACER

Case reassigned to Judge Lynn Adelman. Judge Patricia J Gorence no longer assigned to the case due to non-consent. (cms, )

March 15, 2004

March 15, 2004

PACER
5

Minute Entry for proceedings held before Judge Lynn Adelman : Telephone Status Conference held on 4/1/2004 Motion hearing scheduled for 4/13/04 at 1:30. (ers, ) (Entered: 04/02/2004)

April 1, 2004

April 1, 2004

PACER

Set/Reset Deadlines/Hearings: Motion Hearing set for 4/13/2004 01:30 PM before Judge Lynn Adelman. (ers, )

April 1, 2004

April 1, 2004

PACER
10

AFFIDAVIT of Richard Miller (Attachments: # 1 Exhibit Miller A-C)(Pledl, Robert)

April 9, 2004

April 9, 2004

PACER
11

AFFIDAVIT of Robert Pledl (Attachments: # 1 Exhibit Pledl A)(Pledl, Robert)

April 9, 2004

April 9, 2004

PACER
12

AFFIDAVIT of Nancy Steeves (Pledl, Robert)

April 9, 2004

April 9, 2004

PACER
6

MOTION to Amend/Correct Complaint by Gerald N. (Attachments: # 1 Supplement Proposed Complaint)(Pledl, Robert)

April 9, 2004

April 9, 2004

PACER
7

MOTION for Preliminary Injunction by Gerald N. (Pledl, Robert)

April 9, 2004

April 9, 2004

PACER
8

BRIEF in Support re 6 MOTION to Amend/Correct Complaint, 7 MOTION for Preliminary Injunction filed by all plaintiffs. (Pledl, Robert)

April 9, 2004

April 9, 2004

PACER
9

AFFIDAVIT of Lincoln Burr (Attachments: # 1 Exhibit Burr Exhibits A-E)(Pledl, Robert)

April 9, 2004

April 9, 2004

PACER
13

MOTION in Limine by Milwaukee County. (Poulos, Mary)

April 13, 2004

April 13, 2004

PACER
14

AFFIDAVIT of Mary Ellen Poulos (Poulos, Mary)

April 13, 2004

April 13, 2004

PACER
15

BRIEF in Opposition re 7 MOTION for Preliminary Injunction filed by Milwaukee County. (Poulos, Mary)

April 13, 2004

April 13, 2004

PACER
17

Minute Entry for proceedings held before Judge Lynn Adelman : Motion Hearing held on 4/13/2004 re 13 DENYING AS MOOT MOTION in Limine filed by Milwaukee County, 6 GRANTING MOTION to Amend/Correct Complaint filed by Gerald N, 7 DENYING AS MOOT MOTION for Preliminary Injunction filed by Gerald N, Motions terminated:. (ers, ) (Entered: 04/15/2004)

April 13, 2004

April 13, 2004

PACER
18

AMENDED COMPLAINT against Milwaukee County filed by Joan B, Gerald N.(ers, ) (Entered: 04/15/2004)

April 13, 2004

April 13, 2004

PACER
16

SCHEDULING ORDER: Parties to serve state or state agency no later than 4/27/2004; discovery due 7/13/2004; summary judgment motions filed and served on or before 7/13/2004. See order for further instructions signed by Judge Lynn Adelman on 04/13/04. (cc: all counsel)(Wesolek, Marie)

April 14, 2004

April 14, 2004

PACER
19

Docket Annotation to Atty Pledl regarding a two part motion that needs to be resubmitted (ers, )

April 21, 2004

April 21, 2004

PACER

Party Sandra Ehrlichman rep by Robert Theine Pledl, and Marilyn Berdikoff rep by Robert Theine Pledl added. (ers, )

April 21, 2004

April 21, 2004

PACER
20

TRANSCRIPT of Agreement of the Parties ( Motion hearing ) held on 4/13/04 at 1:17 p.m. before Judge Adelman Court Reporter: Christine Petrie (ers, )

April 22, 2004

April 22, 2004

PACER
21

INCORRECT DOCUMENT ATTACHED. ATTORNEY WILL REFILE IT CORRECTLY. MOTION to Amend/Correct Scheduling Order by all plaintiffs. (Pledl, Robert) Modified on 4/23/2004 (ers, ).

April 23, 2004

April 23, 2004

PACER
22

MOTION to Amend/Correct Scheduling Order by all plaintiffs. (Pledl, Robert)

April 23, 2004

April 23, 2004

PACER

MARGIN ORDER signed by Judge Lynn Adelman on 4/26/04 granting 22 MOTION to Amend/Correct Scheduling Order filed by Gerald Nelson, Joan Bzdawka, Sandra Ehrlichman, Marilyn Berdikoff. (cc: all counsel) (Adelman, Lynn)

April 26, 2004

April 26, 2004

PACER
23

AMENDED DOCUMENT by all plaintiffs. Second Amended Complaint (Pledl, Robert)

April 30, 2004

April 30, 2004

PACER

Party Plaintiffs Lenore Czarnecki rep by Robert Theine Pledl, and John Gorton rep by Robert Theine Pledl, and Classie Marcilis rep by Robert Theine Pledl, and Constance Ewig rep by Robert Theine Pledl, and Alberto Resendez rep by Robert Theine Pledl, and DEfendants Wisconsin Department of Health and Family Services, and Helene Nelson added. (ers, )

April 30, 2004

April 30, 2004

PACER

Summons Issued Re: Amended Complaint as to Defendants Helene Nelson, Wisconsin Department of Health and Family Services. (ers, )

April 30, 2004

April 30, 2004

PACER
24

Docket Annotation regarding wrong event used (ers, )

May 3, 2004

May 3, 2004

PACER
25

7.4 EXPEDITED NON-DISPOSITIVE MOTION for Extension of Time to Answer or otherwise plead to Second Amended Complaint by Helene Nelson, Wisconsin Department of Health and Family Services. (ers, ) PDF Disk Received from Filer on 5/25/2004 (ers, ).

May 20, 2004

May 20, 2004

PACER
26

PDF Document Requirement form sent to Maura FJ Whelan regarding Expedited Non-Dispositive Motion for Extension of Time to Answer filed on 5/20/04. (ers, )

May 20, 2004

May 20, 2004

PACER
27

ANSWER to Second Amended Complaint by Milwaukee County.(ers, ) PDF Disk Received from Filer on 6/2/2004 (ers, ).

May 24, 2004

May 24, 2004

PACER
28

PDF Document Requirement form sent to John Jorgensen regarding Milwaukee County's Answer to Plaintiffs Second Amended Complaint filed on 5/24/04. (ers, )

May 24, 2004

May 24, 2004

PACER
29

ORDER signed by Judge Lynn Adelman on 05/24/04 granting 25 Motion for Extension of Time . (cc: all counsel) (Wesolek, Marie)

May 25, 2004

May 25, 2004

PACER
30

Docket Annotation sent to Attorney Jorgensen regarding signature on document # 27 (ers, )

June 2, 2004

June 2, 2004

PACER
31

ANSWER to Amended Complaint by Helene Nelson, Wisconsin Department of Health and Family Services. (Attachments: # 1 # 2)(Whelan, Maura)

June 18, 2004

June 18, 2004

PACER
32

MOTION to Amend/Correct Complaint, MOTION for Extension of Time by all plaintiffs. (Pledl, Robert)

July 13, 2004

July 13, 2004

PACER
33

SCHEDULING ORDER: signed by Judge Lynn Adelman on 07/16/04. Telephone Conference set for 7/22/2004 02:30 PM before Judge Lynn Adelman. (cc: all counsel)(Wesolek, Marie)

July 16, 2004

July 16, 2004

PACER
34

Minute Entry for proceedings held before Judge Lynn Adelman : Telephone Status Conference held on 7/22/2004. New Scheduling Order established. See Order for dates. (ers, ) (Entered: 07/23/2004)

July 22, 2004

July 22, 2004

PACER
35

SCHEDULING ORDER: signed by Judge Lynn Adelman on 07/22/04. Plaintiffs Expert Witness List due by 9/20/2004. Defendants Expert Witness List due by 10/29/2004. Motions due by 1/14/2005. Plaintiffs third amended complaint due by 08/19/04. Defendants answer to third amended complaint due by 09/10/04. (cc: all counsel)(Wesolek, Marie) Additional attachment(s) added on 7/23/2004 (bet, ).

July 23, 2004

July 23, 2004

PACER
36

Docket Annotation -- attached Scheduling Order replaces the document e-filed with docket entry 35 (bet, )

July 23, 2004

July 23, 2004

PACER
37

AMENDED COMPLAINT Third - add Pltffs Siegel and Johnson against all defendants filed by Marilyn Berdikoff, Joan Bzdawka, Lenore Czarnecki, Sandra Ehrlichman, Constance Ewig, John Gorton, Classie Marcilis.(Pledl, Robert)

Aug. 19, 2004

Aug. 19, 2004

PACER
38

Defendant's ANSWER to Amended Complaint (Third Amended) by Milwaukee County.(Poulos, Mary)

Sept. 10, 2004

Sept. 10, 2004

PACER
39

To Plaintiffs' Third Amended Complaint ANSWER to Amended Complaint by Helene Nelson, Wisconsin Department of Health and Family Services.(Flanagan, Maureen)

Sept. 17, 2004

Sept. 17, 2004

PACER
40

SEE DOCUMENT # 42 CERTIFICATE OF SERVICE by Helene Nelson, Wisconsin Department of Health and Family Services (Flanagan, Maureen) Modified on 9/17/2004 (ers, ).

Sept. 17, 2004

Sept. 17, 2004

PACER
41

LETTER from Maureen Flanagan (Flanagan, Maureen)

Sept. 17, 2004

Sept. 17, 2004

PACER
42

CERTIFICATE OF SERVICE by Helene Nelson, Wisconsin Department of Health and Family Services (Flanagan, Maureen)

Sept. 17, 2004

Sept. 17, 2004

PACER
43

Letter REQUEST by plntfs' atty to vacate the current scheduling order and hold another scheduling conference (djd)

Dec. 29, 2004

Dec. 29, 2004

PACER
44

SCHEDULING ORDER: signed by Judge Lynn Adelman on 01/03/05. Telephone Conference set for 1/28/2005 04:00 PM before Judge Lynn Adelman. (cc: all counsel)(Wesolek, Marie)

Jan. 3, 2005

Jan. 3, 2005

PACER
45

Minute Entry for status conference held before Judge Lynn Adelman on 1/28/2005. Plntf to answer state's discovery request by 2/28/05; Plntf to file motion for class certification by 3/30/05; Parties to complete the issue identification process by 3/30/05. (djd) (Entered: 01/31/2005)

Jan. 28, 2005

Jan. 28, 2005

PACER
46

AMENDED SCHEDULING ORDER: plaintiffs answer to defendants' discovery requests due 2/28/05; plaintiffs' motion for class certification due 3/30/05 - defendants' response due by 5/31/05; parties stiuplation as to issues in dispute due 3/30/05 signed by Judge Lynn Adelman on 1/28/05. (cc: all counsel)(Wesolek, Marie)

Jan. 31, 2005

Jan. 31, 2005

PACER
47

LETTER from AAG Mary E. Burke (Burke, Mary)

March 21, 2005

March 21, 2005

PACER
48

CERTIFICATE OF SERVICE by Wisconsin Department of Health and Family Services, Helene Nelson (Burke, Mary)

March 21, 2005

March 21, 2005

PACER
49

NOTICE by Wisconsin Department of Health and Family Services, Helene Nelson Of Substitution of Counsel (Burke, Mary)

March 21, 2005

March 21, 2005

PACER
50

STIPULATION Regarding Issues in Dispute by all plaintiffs (Pledl, Robert)

March 30, 2005

March 30, 2005

PACER
51

MOTION to Amend/Correct Complaint by all plaintiffs. (Attachments: # 1 Proposed 4th Amended Complaint)(Pledl, Robert)

March 30, 2005

March 30, 2005

PACER
52

BRIEF in Support re 51 MOTION to Amend/Correct Complaint filed by all plaintiffs. (Pledl, Robert)

March 30, 2005

March 30, 2005

PACER
53

AFFIDAVIT of Robert Theine Pledl (Attachments: # 1 A-SRCA 3-16-5 Memo# 2 B-CV)(Pledl, Robert)

March 30, 2005

March 30, 2005

PACER
54

MOTION to Certify Class by all plaintiffs. (Pledl, Robert)

March 30, 2005

March 30, 2005

PACER
55

BRIEF in Support re 54 MOTION to Certify Class filed by all plaintiffs. (Pledl, Robert)

March 30, 2005

March 30, 2005

PACER
56

AFFIDAVIT of Lincoln Burr (Pledl, Robert)

March 30, 2005

March 30, 2005

PACER
57

LETTER from AAG Maureen McGlynn Flanagan (Attachments: # 1)(Flanagan, Maureen)

April 19, 2005

April 19, 2005

PACER
58

MOTION for Order Regarding Motion for Permission to File Fourth Amended Complaint and Modified Scheduling Order by Wisconsin Department of Health and Family Services, Helene Nelson. (Flanagan, Maureen)

April 19, 2005

April 19, 2005

PACER
59

LETTER from AAG Maureen McGlynn Flanagan (Flanagan, Maureen)

April 19, 2005

April 19, 2005

PACER
60

SCHEDULING ORDER: see order for details signed by Judge Lynn Adelman on 4/21/05. (cc: all counsel)(Wesolek, Marie)

April 25, 2005

April 25, 2005

PACER
61

LETTER from Maureen M Flanagan (Flanagan, Maureen)

May 11, 2005

May 11, 2005

PACER
62

CERTIFICATE OF SERVICE by Wisconsin Department of Health and Family Services, Helene Nelson (Flanagan, Maureen)

May 11, 2005

May 11, 2005

PACER
63

RESPONSE Answer of Defendants Wisconsin Department of Health and Family Services and Helene Nelson to Plaintiffs' Fourth Amended Complaint filed by Wisconsin Department of Health and Family Services, Helene Nelson. (Flanagan, Maureen)

May 11, 2005

May 11, 2005

PACER
64

Milwaukee County ANSWER to Complaint by Milwaukee County. (Attachments: # 1)(Poulos, Mary)

May 17, 2005

May 17, 2005

PACER
65

MOTION to Modify Scheduling Order by Milwaukee County, Wisconsin Department of Health and Family Services, Helene Nelson. (Attachments: # 1 # 2 # 3)(Burke, Mary)

May 24, 2005

May 24, 2005

PACER
66

MOTION to Amend/Correct Stipulated Motion Regarding Modified Scheduling Order by all parties. (Attachments: # 1 Text of Proposed Order Third Amended Scheduling Order# 2 Cover Letter# 3 Certificate of Service)(Burke, Mary)

June 10, 2005

June 10, 2005

PACER
67

STIPULATION & THIRD AMENDED SCHEDULING ORDER signed by Judge Lynn Adelman on 6/13/05. Motions to dismiss due 6/15/05; Responses due 7/15/05; Replies due 7/29/05; Plntfs' motion to certify class due 10 days after Court's Order on Motions to Dismiss; Responses to class motion due 45 days after plntfs' motion to certifiy class; Replies on class motion due 15 days after responses to motion for class certification. (cc: all counsel)(djd) (Entered: 06/14/2005)

June 13, 2005

June 13, 2005

PACER

NOTICE by the Court reminding parties to provide paper copies of all documents electronically filed to chambers pursuant to Judge Adelman's standing order. (Wesolek, Marie)

June 14, 2005

June 14, 2005

PACER
68

MOTION for Judgment on the Pleadings by Milwaukee County. (Poulos, Mary) PDF disk rec'd from filer 6/16/05. (djd )

June 15, 2005

June 15, 2005

PACER
69

BRIEF in Support re 68 MOTION for Judgment on the Pleadings filed by Milwaukee County. (Poulos, Mary)

June 15, 2005

June 15, 2005

PACER
70

MOTION to Dismiss Fourth Amended Complaint by Wisconsin Department of Health and Family Services, Helene Nelson. (Attachments: # 1 # 2 # 3 # 4)(Flanagan, Maureen)

June 15, 2005

June 15, 2005

PACER
71

BRIEF in Support re 70 MOTION to Dismiss Fourth Amended Complaint filed by Wisconsin Department of Health and Family Services, Helene Nelson. (Attachments: # 1)(Flanagan, Maureen)

June 15, 2005

June 15, 2005

PACER
72

Docket Annotation - Email sent to Atty Poulos re #68 and #69 (djd )

June 16, 2005

June 16, 2005

PACER
73

Docket Annotation - Email sent to Atty Flanagan re #70 and #71 (djd )

June 16, 2005

June 16, 2005

PACER
74

ORDER signed by Judge Lynn Adelman on 7/8/05 granting 66 Motion to Amend/Correct . (cc: all counsel) (Wesolek, Marie)

July 8, 2005

July 8, 2005

PACER
75

STIPULATION to Extend Briefing Schedule by all plaintiffs (Pledl, Robert)

July 14, 2005

July 14, 2005

PACER
76

Second AFFIDAVIT of Lincoln Burr (Pledl, Robert)

July 22, 2005

July 22, 2005

PACER
77

BRIEF in Opposition re 70 MOTION to Dismiss Fourth Amended Complaint, 68 MOTION for Judgment on the Pleadings filed by all plaintiffs. (Pledl, Robert)

July 22, 2005

July 22, 2005

RECAP
78

AFFIDAVIT of Gerald Kallas (with attachments A-J). FILED IN PAPER FORMAT - ORIGINAL IN COURT FILE. (rpz, ) (Entered: 07/25/2005)

July 22, 2005

July 22, 2005

PACER
79

AFFIDAVIT of Thomas Cook (with attachments A-I). FILED IN PAPER FORMAT - ORIGINAL IN COURT FILE. (rpz, ) (Entered: 07/25/2005)

July 22, 2005

July 22, 2005

PACER
80

REPLY BRIEF in Support re 68 MOTION for Judgment on the Pleadings filed by Milwaukee County. (Poulos, Mary)

Aug. 5, 2005

Aug. 5, 2005

PACER
81

REPLY BRIEF in Support re 70 MOTION to Dismiss Fourth Amended Complaint filed by Wisconsin Department of Health and Family Services, Helene Nelson. (Attachments: # 1 Civil Cover Sheet Cover Letter# 2 Civil Cover Sheet Cert of Service)(Flanagan, Maureen)

Aug. 5, 2005

Aug. 5, 2005

PACER
82

7.4 MOTION to Supplement Brief in Opposition to Pending Defense Motions by all plaintiffs. (Pledl, Robert)

Sept. 9, 2005

Sept. 9, 2005

PACER
83

Third AFFIDAVIT of Robert Theine Pledl (Pledl, Robert)

Sept. 9, 2005

Sept. 9, 2005

PACER
84

BRIEF in Opposition re 70 MOTION to Dismiss Fourth Amended Complaint, 68 MOTION for Judgment on the Pleadings -Supplemental filed by all plaintiffs. (Pledl, Robert)

Sept. 9, 2005

Sept. 9, 2005

RECAP
85

RESPONSE to Motion re 82 7.4 MOTION to Supplement Brief in Opposition to Pending Defense Motions filed by Wisconsin Department of Health and Family Services, Helene Nelson. (Attachments: # 1 Cover Letter# 2 Certificate of Service)(Burke, Mary)

Sept. 16, 2005

Sept. 16, 2005

PACER
86

ORDER signed by Judge Lynn Adelman on 2/7/06 granting in part and denying in part 68 Motion for Judgment on the Pleadings, granting in part and denying in part 70 Motion to Dismiss. (cc: all counsel) (Wesolek, Marie)

Feb. 7, 2006

Feb. 7, 2006

RECAP
87

SCHEDULING ORDER: signed by Judge Lynn Adelman on 2/9/06. Telephone Scheduling Conference set for 3/23/2006 10:30 AM before Judge Lynn Adelman. (cc: all counsel)(Wesolek, Marie)

Feb. 9, 2006

Feb. 9, 2006

PACER
88

STIPULATION for Extension of Class Motion Deadline by all plaintiffs (Pledl, Robert)

Feb. 15, 2006

Feb. 15, 2006

PACER
89

ORDER cancelling scheduling conference set for 3/23/06 signed by Judge Lynn Adelman on 2/16/06. (cc: all counsel)(Wesolek, Marie)

Feb. 16, 2006

Feb. 16, 2006

PACER
90

ORDER: plaintiffs' deadline for filing motion to certify class with briefs extended to 3/1/06; defendants' deadline for response is 4/17/06; plaintiffs' deadline for reply brief is 5/1/06 signed by Judge Lynn Adelman on 2/17/06. (cc: all counsel)(Wesolek, Marie)

Feb. 17, 2006

Feb. 17, 2006

PACER
91

LETTER from Maureen McGlynn Flanagan (Flanagan, Maureen)

Feb. 23, 2006

Feb. 23, 2006

PACER
92

CERTIFICATE OF SERVICE by Wisconsin Department of Health and Family Services (Flanagan, Maureen)

Feb. 23, 2006

Feb. 23, 2006

PACER
93

MOTION for Order State Defendants' Motion for Certification of Interlocutory Order Pursuant to 28 U.S.C. sec. 1292(b) by Wisconsin Department of Health and Family Services, Helene Nelson. (Flanagan, Maureen)

Feb. 23, 2006

Feb. 23, 2006

PACER

Case Details

State / Territory: Wisconsin

Case Type(s):

Public Benefits/Government Services

Healthcare Access and Reproductive Issues

Special Collection(s):

Multi-LexSum (in sample)

Olmstead Cases

Key Dates

Filing Date: Jan. 28, 2004

Closing Date: 2004

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Residents of adult family homes and community-based residential services who received Family Care services from Milwaukee County.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Legal Services/Legal Aid

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Milwaukee County, County

Case Details

Causes of Action:

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

Available Documents:

Trial Court Docket

Complaint (any)

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

Benefits (Source):

Medicaid