Case: Benjamin H. v. Walker

3:99-cv-00338 | U.S. District Court for the Southern District of West Virginia

Filed Date: April 30, 1999

Closed Date: April 8, 2009

Clearinghouse coding complete

Case Summary

On April 30, 1999, developmentally disabled individuals eligible for Medicaid benefits filed a lawsuit under 42 U.S.C. § 1983, the Social Security Act, the Medicaid Act, the Americans with Disabilities Act, and the Due Process Clause of the Constitution, against West Virginia's Secretary of Health and Human Resources in the United States District Court for the Southern District of West Virginia. Plaintiffs, represented by public interest attorneys, asked the court for declaratory and injunctiv…

On April 30, 1999, developmentally disabled individuals eligible for Medicaid benefits filed a lawsuit under 42 U.S.C. § 1983, the Social Security Act, the Medicaid Act, the Americans with Disabilities Act, and the Due Process Clause of the Constitution, against West Virginia's Secretary of Health and Human Resources in the United States District Court for the Southern District of West Virginia. Plaintiffs, represented by public interest attorneys, asked the court for declaratory and injunctive relief, and class certification. Specifically, the plaintiffs claimed that the defendants were violating federal law, resulting in the plaintiffs not receiving prompt benefits.

On July 15, 1999, the court (Judge Robert C. Chambers) denied the defendants' motion to dismiss and granted, in part, the plaintiffs' motion for a preliminary injunction. Benjamin H. v. Ohl, 1999 WL 34783552 (S.D. W.V. Jul. 15, 1999). The Court found that the plaintiffs were suffering serious, direct, and ongoing harm because of the defendants' violations of the ADA.

On October 8, 1999, the court granted the plaintiffs' motion for class certification. The class consisted of: all current and future West Virginia residents with developmental disabilities who are Medicaid beneficiaries and who are eligible for the level of services funded under the Intermediate Care Facility and/or the Developmentally Disabled Home and Community Based Waiver services.

The court issued an order regarding Count IV (Opportunity to Apply) and Count VI (Medicaid and Due Process Notice and Hearing Rights) on March 7, 2000. The issues raised by those counts were settled. The compromise required the defendants to make an eligibility determination about individuals applying for waiver services within 90 days; all person were to have 90 days to request a hearing.

On March 15, 2000, the court issued another order detailing partial settlement reached between the parties. In part: the defendants were required to develop capacity within the behavioral health services delivery system to ensure adequate service provision; individuals eligible for ICF-level care were to be afforded a legal representative; any individual could apply for Home and Community Based waiver services; and, the defendant would seek to expand its waiver slots.

On August 9, 2000, the court granted the defendants' motion for summary judgment as to Count VIII, relating to the reimbursement rate for residential habilitation and respite care services. The court found that the plaintiffs failed to prove that the reimbursement rate did not allow for adequate access.

On October 17, 2002, after a compromise between the parties, the court ordered the defendants to pay approximately $125,000 in attorneys' fees and costs.

On March 6, 2009, the court denied Defendant Secretary of West Virginia Department of Health and Human Service's motion for relief from prior orders. Benjamin H. v. Walker, 2009 WL 590160 (S.D. W.V. Mar. 6, 2009). The defendant had sought relief from class certification and the settlement claims, but the court found that there were no extraordinary circumstances to warrant relief from the orders.

Subsequently, on March 16, 2009, the parties informed the court that they wished to negotiate a settlement in regards to the remaining matters pending before the court. After the parties presented terms to the court, issued an April 8, 2009, order. The court ordered the defendants to: develop a single eligibility process for all Medicaid programs that are utilized by waiver eligible applicants; expand its eligibility criteria to include services to children; file a Medicaid state plan amendment to include the provision of personal care services in the home or community; make annual budget requests to at least maintain current appropriations; and meet with the plaintiffs on a quarterly basis to assess the adequacy and efficiency of the waiver program. This order included certain prospective budget requests on part of the defendants as well, extending to December 2014. As part of this order, the court struck the case from its active docket.

There had been no further action in the case until July 23, 2018, when the parties filed a motion to re-open the case for the sole and limited purpose of entering a proposed agreed order, clarifying that a reservation of slots on the Intellectual/Developmental Disabilities waiver waitlist for certain particularly vulnerable, institutionalized populations would not violate the terms of the consent order. Shortly after, on July 25, 2018, the court approved this order.

The case has otherwise been closed.

Summary Authors

Haley Waller (5/19/2011)

Carol Chen (7/4/2020)

Lily Sawyer-Kaplan (2/15/2021)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/5417756/parties/h-v-walker/


Judge(s)

Chambers, Robert Charles (West Virginia)

Attorneys(s) for Plaintiff

Bailey, Regan Monica (Maryland)

Brown, Teresa (West Virginia)

Bryson, Kent (West Virginia)

Hedges, Daniel F. (West Virginia)

Mayne, Regenia (West Virginia)

Murphy, Timothy R. (West Virginia)

Pomponio, Bren (West Virginia)

Attorneys(s) for Defendant

Stitzinger, Kimberly L. (West Virginia)

Vaughan, Charlene A. (West Virginia)

Judge(s)

Chambers, Robert Charles (West Virginia)

Attorneys(s) for Plaintiff

Bailey, Regan Monica (Maryland)

Brown, Teresa (West Virginia)

Bryson, Kent (West Virginia)

Hedges, Daniel F. (West Virginia)

Mayne, Regenia (West Virginia)

Murphy, Timothy R. (West Virginia)

Pomponio, Bren (West Virginia)

Attorneys(s) for Defendant

Stitzinger, Kimberly L. (West Virginia)

Vaughan, Charlene A. (West Virginia)

Documents in the Clearinghouse

Document

3:99-cv-00338

Docket

April 8, 2009

April 8, 2009

Docket
4

3:99-cv-00338

MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFFS' MOTION FOR PRELIMINARY INJUNCTION

Benjamin H. v. Ohl

April 30, 1999

April 30, 1999

Pleading / Motion / Brief
23

3:99-cv-00338

Memorandum of Law in Opposition to Plaintiff's Motion for Preliminary Injunction

Benjamin H. v. Ohl

June 4, 1999

June 4, 1999

Pleading / Motion / Brief
26

3:99-cv-00338

Memorandum In Support of Defendant's Motion to Dismiss

Benjamin H. v. Ohl

June 28, 1999

June 28, 1999

Pleading / Motion / Brief
33

3:99-cv-00338

MEMORANDUM OPINION AND ORDER

Benjamin H. v. Ohl

1999 WL 34783552

July 15, 1999

July 15, 1999

Order/Opinion
34

3:99-cv-00338

ORDER DENYING MOTION TO DISMISS

Benjamin H. v. Ohl

July 15, 1999

July 15, 1999

Order/Opinion
39

3:99-cv-00338

MEMORANDUM IN SUPPORT OF PLAINTIFFS' MOTION FOR CLASS CERTIFICATION

Benjamin H. v. Ohl

Aug. 17, 1999

Aug. 17, 1999

Pleading / Motion / Brief
41

3:99-cv-00338

MEMORANDUM OF DEFENDANT, JOAN OHL, IN OPPOSITION TO PLAINTIFFS' MOTION FOR CLASS CERTIFICATION

Benjamin H. v. Ohl

Sept. 2, 1999

Sept. 2, 1999

Pleading / Motion / Brief
45

3:99-cv-00338

MEMORANDUM OPINION AND ORDER

Benjamin H. v. Ohl

Oct. 8, 1999

Oct. 8, 1999

Order/Opinion
74

3:99-cv-00338

ORDER

Benjamin H. v. Ohl

March 7, 2000

March 7, 2000

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5417756/h-v-walker/

Last updated Aug. 2, 2022, 3:07 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT, filed. (gan)

April 30, 1999

April 30, 1999

2

NOTICE of Attorney Appearance for Benjamin H., David F., Lori Beth S., Thomas V., Justin E. by Jane Perkins (gan)

April 30, 1999

April 30, 1999

3

MOTION by Benjamin H., David F., Lori Beth S., Thomas V., Justin E. for Preliminary Injunction (gan)

April 30, 1999

April 30, 1999

4

MEMORANDUM by Benjamin H., David F., Lori Beth S., Thomas V., Justin E. in support of [3−1] motion for Preliminary Injunction (gan)

April 30, 1999

April 30, 1999

5

APPLICATION by Benjamin H. to Proceed in Forma Pauperis . Referred to Magistrate Judge Taylor (gan)

April 30, 1999

April 30, 1999

6

ORDER granting [5−1] application to Proceed in Forma Pauperis (signed by Magistrate Judge Taylor) (cc: attys) (gan)

April 30, 1999

April 30, 1999

7

APPLICATION by David F. to Proceed in Forma Pauperis . Referred to Magistrate Judge Taylor (gan)

April 30, 1999

April 30, 1999

8

ORDER granting [7−1] application to Proceed in Forma Pauperis (signed by Magistrate Judge Taylor) (cc: attys) (gan)

April 30, 1999

April 30, 1999

9

APPLICATION by Lori Beth S. to Proceed in Forma Pauperis . Referred to Magistrate Judge Taylor (gan)

April 30, 1999

April 30, 1999

10

ORDER granting [9−1] application to Proceed in Forma Pauperis (signed by Magistrate Judge Taylor) (cc: attys) (gan)

April 30, 1999

April 30, 1999

11

APPLICATION by Thomas V. to Proceed in Forma Pauperis . Referred to Magistrate Judge Taylor (gan)

April 30, 1999

April 30, 1999

12

ORDER granting [11−1] application to Proceed in Forma Pauperis (signed by Magistrate Judge Taylor) (cc: attys) (gan)

April 30, 1999

April 30, 1999

13

APPLICATION by Justin E. to Proceed in Forma Pauperis . Referred to Magistrate Judge Taylor (gan)

April 30, 1999

April 30, 1999

14

ORDER granting [13−1] application motion to Proceed in Forma Pauperis (signed by Magistrate Judge Taylor) (cc: attys) (gan)

April 30, 1999

April 30, 1999

SUMMONS issued, original plus 1 copy for Joan Ohl Returnable days: 20. Summonses forwarded to USM for service. (gan)

April 30, 1999

April 30, 1999

15

ORDER Hearing on motion for preliminary injunction set for 06−30−99 at 1:30 p.m. ( signed by Judge Robert C. Chambers ) (cc: attys, Charlene Vaughn) (dcm)

May 11, 1999

May 11, 1999

16

SUMMONS RETURNED EXECUTED by U.S. Marshal for Joan Ohl . Served summons and complaint on R. Neal Kerly, Administrative Services Assistant. Answer due on 5/27/99 for Joan Ohl (llc)

May 12, 1999

May 12, 1999

17

STIPULATION by Pltfs. Benjamin H., David F., Lori Beth S., Thomas V., Justin E., and Deft. Joan Ohl Re: Extension of the 14 day deadline on filing of memoranda in response to motions pursuant to LR Civ P 4.01(c). The Deft. will have until 6/1/99 to file a memoranda in response to Pltfs.' Motion for Preliminary Injunction (ahr)

May 27, 1999

May 27, 1999

18

ANSWER to Complaint by Joan Ohl (Attorney Charlene A. Vaughan, Kimberly Stitzinger), (sln) (Entered: 05/28/1999)

May 27, 1999

May 27, 1999

19

ORDER AND NOTICE: Pursuant to the Local District Court Rules, the Court ORDERS that the following dates be fixed as the times by or on which certain events must occur: Rule 12(b) motions w/supporting briefs 6/28/99; Last day for Rule 26(f) meeting 7/19/99; Last day to file Rule 26(f) meeting report 7/26/99; Scheduling Conference with the Court 3:00 8/9/99; Entry of Scheduling Order due by 8/19/99; Last day to make Rule 26(a)(1) disclosures 8/23/99 (signed by Judge Robert C. Chambers) (cc: attys) (ahr)

June 1, 1999

June 1, 1999

20

STIPULATION by plaintiff Benjamin H., plaintiff David F., plaintiff Lori Beth S., plaintiff Thomas V., plaintiff Justin E., defendant Joan Ohl re: Deft may have until 6/4/99 to file a Memorandum in response to Pltfs Motion for Preliminary Injunction (sln) (Entered: 06/02/1999)

June 1, 1999

June 1, 1999

21

MOTION by Joan Ohl to Extend Time to Respond to Pltfs Motion for Preliminary Injunction (sln) (Entered: 06/02/1999)

June 1, 1999

June 1, 1999

22

ORDER, granting stipulation/motion and extending time for filing of memorandum in response to pltfs' motion for preliminary injunction until 6/4/99. (signed by Judge Robert C. Chambers) (cc: attys) (gan)

June 2, 1999

June 2, 1999

23

MEMORANDUM by Joan Ohl in opposition to [3−1] motion for Preliminary Injunction by Justin E., Thomas V., Lori Beth S., David F., Benjamin H. (sln) (Entered: 06/07/1999)

June 4, 1999

June 4, 1999

24

REPLY by Benjamin H., David F., Lori Beth S., Thomas V., Justin E. to deft's memorandum in opposition to [3−1] motion for Preliminary Injunction by Justin E., Thomas V., Lori Beth S., David F., Benjamin H. (sln)

June 28, 1999

June 28, 1999

25

MOTION by Joan Ohl to Dismiss (sln) (Entered: 06/29/1999)

June 28, 1999

June 28, 1999

26

MEMORANDUM by Joan Ohl in support of [25−1] motion to Dismiss by Joan Ohl (sln) (Entered: 06/29/1999)

June 28, 1999

June 28, 1999

COURT PROCEEDING PRELIMINARY INJUNCTION; JUDGE CHAMBERS; COURT REPORTER RUFFNER. (skm) (Entered: 07/01/1999)

June 30, 1999

June 30, 1999

COURT PROCEEDING − Preliminary Injunction Hearing − Day 2; JUDGE Chambers; COURT REPORTER Ruffner (ahr) (Entered: 07/02/1999)

July 1, 1999

July 1, 1999

27

WITNESS LIST by Benjamin H., David F., Lori Beth S., Thomas V., Justin E., Joan Ohl (ahr) (Entered: 07/02/1999)

July 1, 1999

July 1, 1999

EXHIBIT LIST by Benjamin H., David F., Lori Beth S., Thomas V., Justin E., with admitted exhibits attached (ahr) (Entered: 07/02/1999)

July 1, 1999

July 1, 1999

EXHISIT LIST by Joan Ohl, with admitted exhibits attached (ahr) (Entered: 07/02/1999)

July 1, 1999

July 1, 1999

28

TRANSCRIPT filed for dates of 06/30/99 Re: Preliminary Injunction − Volume I − before the Honorable Robert C. Chambers, United States District Judge. (skm)

July 7, 1999

July 7, 1999

30

SUPPLEMENTARY NOTE OF AUTHORITY by Benjamin H., David F., Lori Beth S., Thomas V., Justin E., with attachments (ahr)

July 8, 1999

July 8, 1999

31

ORDER: This matter is before the Court on Pltf.'s "Supplementary Note of Authority." The Pltfs. assert that the Defts. conduct with regard to the Waiver program violates the district court order entered in Miller v. Lipscomb, CA No.: 74−390. Upon review of the filing, the Court finds that the Pltfs. have raised a new issue not previously addressed in their complaint or in the preliminary injunction motion. Accordingly, the Court declines to address it at this time. The Deft. shall file a response to the "Supplementary Note of Authority" within fourteen (14) days of entry of this Order (signed by Judge Robert C. Chambers) (cc: attys) (ahr)

July 12, 1999

July 12, 1999

32

COMPLIANCE PROPOSAL SCHEDULING ORDER: Pltfs to submit to Court their brief regarding the proposed preliminary certification of the class &any appropriate subclasses identified by pltfs by 8/16/99; deft's response due by 9/2/99, &pltf's reply by 9/9/99; deft to submit its proposal for compliance w/the Memo. Opinion and Order, including a timetable, to remedy deft's violations &to conform the State's practices &policies to the federal requirements by 8/16/99 &address, at a minimum, the matters specifically set forth herein; The Court recommends that the parties confer to discuss the terms &details of the State's proposal &resolve any disputes; if parties are unable to agree, pltfs to file objections &recommendations by 9/2/99; deft to file reply by 9/9/99; the Court will then enter an Order specifying &granting the preliminary relief. ( signed by Judge Robert C. Chambers ) (cc: attys) (sln)

July 15, 1999

July 15, 1999

33

MEMORANDUM OPINION AND ORDER granting [3−1] motion for Preliminary Injunction; pltfs' are entitled to a preliminary injunction. By separate Order, the Court will issue a briefing schedule and instructions so that the parties may assist the Court in properly structuring the necessary relief. ( signed by Judge Robert C. Chambers ) (cc: attys) (sln) Modified on 07/15/1999

July 15, 1999

July 15, 1999

34

ORDER denying [25−1] motion to Dismiss, w/out prejudice. ( signed by Judge Robert C. Chambers ) (cc: attys) (sln) Modified on 07/15/1999

July 15, 1999

July 15, 1999

35

REPORT OF PARTIES' PLANNING MEETING by Benjamin H., David F., Lori Beth S., Thomas V., Justin E., Joan Ohl to the Court pursuant to Rule 26, Federal Rules of Civil Procedure. (skm)

July 23, 1999

July 23, 1999

36

RESPONSE by Joan Ohl to [30−1] Supplementary Note of Authority. (skm) (Entered: 07/29/1999)

July 26, 1999

July 26, 1999

37

SCHEDULING ORDER: and pursuant to Rule 16(b), FRCivP and LRCivP 2.01(e), this case shall proceed as follows:Joining of Parties, amended pleadings by 8/27/99 Discovery 1/3/00 Expt Wit by party bearing the burden of proof 11/4/99 due by party not bearing burden of proof by 11/24/99 and to solely contradict or rebut evidence 12/14/99 Sum Jgmt and Disp Motions except 12(b) due by 1/18/00 Settlement meeting no later than 1/24/00 Pltf's portion of proposed PTO to deft 2/1/00 Integrated proposed Pretrial Order by 02/07/00 Pretrial Conference 11:30 2/14/00 Proposed Jury Charge due by 3/2/00 Final Settlement Conference 10:00 3/6/00 Trial 9:30 3/7/00 Court further Cancels the scheduling conference set for 08/09/99; all proceedings shall be held at the United States Courthouse in Huntington, WV ( signed by Judge Robert C. Chambers )(cc: attys). (skm) Modified on 07/29/1999 (Entered: 07/29/1999)

July 28, 1999

July 28, 1999

LOCAL RULES OF MAGISTRATE JUDGE PROCEDURE NO 2.03 − DISCOVERY MATTERS: Nondispositive discovery and pretrial motions relating to discovery practice are referred to magistrate judges in the divisions in which they are filed, with review of magistrate judges' decisions as provided for in FR Civ P 72(a). REFERRED TO Magistrate Judge Taylor . (skm) (Entered: 07/29/1999)

July 28, 1999

July 28, 1999

38

MOTION by Benjamin H., David F., Lori Beth S., Thomas V., Justin E. to Certify Class (skm)

Aug. 17, 1999

Aug. 17, 1999

40

RULE 26(a) DISCLOSURES by Benjamin H., David F., Lori Beth S., Thomas V., Justin E. to the Court pursuant to Rule 26, Federal Rules of Civil Procedure. (skm) Modified on 08/24/1999

Aug. 24, 1999

Aug. 24, 1999

41

MEMORANDUM by Joan Ohl in opposition to [38−1] motion to Certify Class by Justin E., Thomas V., Lori Beth S., David F., Benjamin H. (gan) (Entered: 09/03/1999)

Sept. 2, 1999

Sept. 2, 1999

42

PLAINTIFFS' RESPONSE to defendnat's Proposal for Compliance with Memorandum Opinion and Order (gan)

Sept. 3, 1999

Sept. 3, 1999

43

REPLY by Joan Ohl to Pltf.'s response to Deft.'s Proposal for Compliance with Memorandum Opinion and Order (ahr) (Entered: 09/10/1999)

Sept. 9, 1999

Sept. 9, 1999

44

REPLY by Benjamin H., David F., Lori Beth S., Thomas V., Justin E. to memorandum opposition response to [38−1] Motion to Certify Class by Justin E., Thomas V., Lori Beth S., David F., Benjamin H. (ahr)

Sept. 10, 1999

Sept. 10, 1999

45

MEMORANDUM OPINION AND ORDER granting Pltfs.' [38−1] Motion to Certify Class (signed by Judge Robert C. Chambers) (cc: attys) (ahr)

Oct. 8, 1999

Oct. 8, 1999

46

ORDER: Pursuant to Fed. R. Civ. P. 16, the Court will hold a hearing regarding the preliminary injunction relief on 10/22/99, at 10:00 a.m. The Deft. is ordered to appear in person with counsel (signed by Judge Robert C. Chambers) (cc: attys) (ahr)

Oct. 8, 1999

Oct. 8, 1999

47

MOTION by Benjamin H., David F., Lori Beth S., Thomas V., Justin E. to Amend [1−1] complaint (with unsigned proposed amended complaint attached) (skm)

Oct. 18, 1999

Oct. 18, 1999

48

MOTION (RESPONSE) by Joan Ohl in opposition to [47−1] motion to Amend [1−1] complaint by Justin E., Thomas V., Lori Beth S., David F., Benjamin H. (gan) (Entered: 10/26/1999)

Oct. 25, 1999

Oct. 25, 1999

49

SUPPLEMENT by Joan Ohl to Deft.'s [48−1] Motion in Opposition to the Pltfs.' [47−1] Motion to Amend Complaint (ahr) (Entered: 10/28/1999)

Oct. 27, 1999

Oct. 27, 1999

50

ORDER granting [47−1] motion to Amend [1−1] complaint. (signed by Judge Robert C. Chambers) (cc: attys) (gan)

Oct. 28, 1999

Oct. 28, 1999

51

SUPPLEMENT TO [48−1] RESPONSE/MOTION by Joan Ohl in opposition to pltf's [47−1] motion to Amend [1−1] complaint. (pdb)

Oct. 29, 1999

Oct. 29, 1999

52

TRANSCRIPT filed for 10/22/99, Re: Motion Hearing held before Judge Chambers (gan)

Oct. 29, 1999

Oct. 29, 1999

53

LETTER from WV Attorney General's Office to the Honorable Robert Chambers, dated 10/29/99, Re: Behavioral Health Centers Services to Pltfs. (ahr) (Entered: 11/04/1999)

Nov. 2, 1999

Nov. 2, 1999

54

ORDER Court directed Deft. to file a new proposed compliance plan no later than 11/12/99; Plaintiffs have ten days from receipt of Deft's. compliance plan to file any objections; Deft. has seven days from receipt of Plaintiffs' objections to file any response. ( signed by Judge Robert C. Chambers ) (cc: attys) (skm) Modified on 11/09/1999

Nov. 9, 1999

Nov. 9, 1999

55

RESPONSE by Joan Ohl to the Court's Order of 11/9/99, Re: Revised Proposal for Compliance, with attachments (ahr)

Nov. 15, 1999

Nov. 15, 1999

56

REPLY by Benjamin H, David F, Lori Beth S., Thomas V., Justin E. to [55−1] Revised Response/Proposal for Compliance by Joan Ohl to the Court's Order of 7/15/99 (ahr)

Nov. 24, 1999

Nov. 24, 1999

57

NOTICE OF CHANGE OF ADDRESS by Regan Bailey, co−counsel for Benjamin H., David F., Lori Beth S., Thomas V., Justin E. (gan)

Nov. 26, 1999

Nov. 26, 1999

59

SUPPLEMENTAL PLEADING by Joan Ohl, Secretary of the Department of Health and Human Resources, with attachments (ahr) Modified on 12/30/1999 (Entered: 12/30/1999)

Dec. 29, 1999

Dec. 29, 1999

60

ORDER SETTING COMPLIANCE HEARING AND STATUS CONFERENCE: Pending before the Court is the matter of preliminary injunctive relief and the Deft.'s proposed compliance with the Court's Memorandum Opinion and Order. The Court sets certain deadlines for document submittals and sets a hearing on 2/17/00 at 10:00 a.m. (signed by Judge Robert C. Chambers) (cc: attys) (ahr)

Jan. 21, 2000

Jan. 21, 2000

61

NOTICE OF CHANGE OF ADDRESS by Kimberly L. Stitzinger, counsel for Joan Ohl (gan)

Jan. 28, 2000

Jan. 28, 2000

62

UPDATED COMPLIANCE PROPOSAL filed by defendant, Joan Ohl (gan) Modified on 02/10/2000 (Entered: 02/08/2000)

Feb. 4, 2000

Feb. 4, 2000

63

ORDER, Pretrial Conference 10:00 2/17/00 will now be held in conjunction with the motion hearing set for 02/17/00 at 10:00. ( signed by Judge Robert C. Chambers ) (cc: attys) (skm) Modified on 02/10/2000

Feb. 10, 2000

Feb. 10, 2000

64

RESPONSE by Benjamin H., David F., Lori Beth S., Thomas V., Justin E. to [62−1] Defendant's Revised Proposal for Complaince (gan)

Feb. 14, 2000

Feb. 14, 2000

COMPLIANCE HEARING/Pre−Trial Conference held ( Judge Robert C. Chambers ; Court Reporter: Ruffner) (skm) Modified on 02/17/2000

Feb. 17, 2000

Feb. 17, 2000

Exhibit list by Joan Ohl. (skm)

Feb. 17, 2000

Feb. 17, 2000

65

ORDER: On the 17th day of February, 2000, came the parties for a hearing on Deft.'s compliance with the preliminary injunction. At this hearing, the Deft. represented that they would be prepared to file a new renewal plan with the Court and the Pltfs. by Friday, February 25, 2000. The Court DIRECTED the Pltfs. to contact the Court to schedule a hearing after they have had an opportunity to briefly review the renewal plan. The Court also DIRECTED the parties to submit a refined Pre−Trial Order by February 22, 2000 identifying which issues will be subject to presentation of evidence at trial and which issues can be dealt with as a matter of law. The Court also suggested, and the parties agreed, to meet in an attempt to come to an agreement on the due process system (signed by Judge Robert C. Chambers) (cc: attys) (ahr)

Feb. 18, 2000

Feb. 18, 2000

66

PRETRIAL ORDER filed ( signed by Judge Robert C. Chambers ) (dcm)

Feb. 22, 2000

Feb. 22, 2000

67

NOTICE by Joan Ohl TO TAKE DEPOSITION of Ruth Sullivan on 2/23/00 at 10:00 (dcm) (Entered: 02/23/2000)

Feb. 22, 2000

Feb. 22, 2000

68

TRANSCRIPT of Status Conference and Pretrial Hearing filed for date of 02/17/00 (Judge Chambers, Reporter Ruffner) (skm) (Entered: 02/24/2000)

Feb. 23, 2000

Feb. 23, 2000

69

WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES' MR/DD WAIVER RENEWAL APPLICATION. (skm) (Entered: 02/28/2000)

Feb. 25, 2000

Feb. 25, 2000

70

OBJECTION by Joan Ohl to oral motion to amend pretrial order and MOTION by Joan Ohl to Deny oral motion to amend pretrial order (gan) Modified on 02/29/2000

Feb. 28, 2000

Feb. 28, 2000

71

ORDER The Court will address the Plaintiff's objections to the renewal plan prior to the beginning of the trial scheduled for Tuesday, 03/06/00; the Deft. is enjoined from filing the renewal plan with the federal agency until on or after 03/13/00. (signed by Judge Robert C. Chambers) (cc: attys) (skm) Modified on 03/01/2000

March 1, 2000

March 1, 2000

72

AMENDED PRETRIAL ORDER filed (signed by Judge Robert C. Chambers) (ahr)

March 7, 2000

March 7, 2000

73

ORDER: The Court grants Deft.'s objections to the addition of a claim under 42 U.S.C. Section 1396a(a)(23) in the Pretrial Order. The Court struck reference to this statute from the Pretrial Order. Pltfs. then moved to amend the complaint to add this claim. For reasons appearing more fully on the record, the Court GRANTED Pltfs.' motion. The Court DIRECTED the Deft. to answer the second amended complaint within ten days of service thereof (signed by Judge Robert C. Chambers) (cc: attys) (ahr)

March 7, 2000

March 7, 2000

74

ORDER: It is hereby ORDERED and DECREED that: (1) All persons who apply for Title XIX Home and Community Cased Waiver Services are entitled to an eligiblity determination within 90 days of the date of application, subject to the provisions of 42 C.F.R. Sectoin 435.911(a)−(e). At the time of such application, the applicant will receive a statement of his/her rights, including but not limited to, the right to an eligibility determination within 90 days and all rights contained in the attached "Notice of Decision". Applications may be presented to a behavorial health center, the Waiver Program Coordinator, or any local DHHR office. No person shall be discouraged from applying; (2) All person shall be afford 90 days to request a hearing. Any applicant, recipient or authorized representative may request a hearing and must do so either by any written request or by using the attached "Request for Hearing". Those who request a hearing shall be entitled to a final administrative action within 90 days; (3) DHHR shall use the attached "Notice of Decision" and "Request for Hearing" forms in all notices to applicants or recipients in Title XIX Home and Community Based Waiver contexts whenever services are denied, reduced, terminated, or delayed (signed by Judge Robert C. Chambers) (cc: attys) (ahr)

March 7, 2000

March 7, 2000

COURT PROCEEDING − Trial to the Court − Day 1; JUDGE Chambers; COURT REPORTER Ruffner (ahr) (Entered: 03/09/2000)

March 7, 2000

March 7, 2000

75

WITNESS LIST by Pltfs. Benjamin H., David F., Lori Beth S., Thomas V., Justin E., and Deft. Joan Ohl (ahr) (Entered: 03/09/2000)

March 7, 2000

March 7, 2000

EXHIBIT LIST by Benjamin H., David F., Lori Beth S., Thomas V., Justin E., with attachments (ahr) (Entered: 03/09/2000)

March 7, 2000

March 7, 2000

EXHIBIT LIST by Joan Ohl, with attachments (ahr) (Entered: 03/09/2000)

March 7, 2000

March 7, 2000

76

TRANSCRIPT filed for date of 3/7/00 before Robert C. Chambers, U.S. District Judge Re: Trial to the Court (ahr)

March 10, 2000

March 10, 2000

77

ORDER All prospective issues raised by Counts I, II, and IV−VI are compromised and settled; the Court retains jurisdiction to assure compliance with the terms ordered herein. ( signed by Judge Robert C. Chambers ) (cc: attys) (skm) Modified on 03/16/2000

March 15, 2000

March 15, 2000

78

SECOND AMENDED COMPLAINT by Benjamin H., David F., Lori Beth S., Thomas V., Justin E. (gan)

March 17, 2000

March 17, 2000

79

TRANSCRIPT of evidentiary depositions of witnesses Lin Preston, Linda Williams and Walt DeWalt taken on 3/14/00. (gan)

March 20, 2000

March 20, 2000

80

MOTION by Joan Ohl to Admit Evidence , with attachments (ahr)

March 28, 2000

March 28, 2000

81

SUPPLEMENTAL PLEADING by Joan Ohl, with attachment (ahr)

March 30, 2000

March 30, 2000

82

POST TRIAL MEMORANDUM by Benjamin H., David F., Lori Beth S., Thomas V., Justin E. (skm)

April 3, 2000

April 3, 2000

83

STIPULATION/MOTION by Pltfs. Benjamin H., David F., Lori Beth S., Thomas V., Justin E. and Deft. Joan Ohl to Extend Time up to and including 4/15/00 to file an Answer to Pltfs.' Second Amended Complaint (ahr) (Entered: 04/04/2000)

April 3, 2000

April 3, 2000

84

SUPPLEMENTAL PLEADING by Joan Ohl, re: Letter regarding assessment (gan) (Entered: 04/06/2000)

April 5, 2000

April 5, 2000

85

MOTION by Joan Ohl to Dismiss Plaintiffs' Second Amended Complaint (skm) (Entered: 04/12/2000)

April 11, 2000

April 11, 2000

86

RESPONSE by Joan Ohl in opposition to [82−1] trial brief by Justin E., Thomas V., Lori Beth S., David F., Benjamin H. (skm) (Entered: 04/21/2000)

April 20, 2000

April 20, 2000

87

STIPULATION by plaintiff Benjamin H., plaintiff David F., plaintiff Lori Beth S., plaintiff Thomas V., plaintiff Justin E., defendant Joan Ohl re: Extension of Time

April 21, 2000

April 21, 2000

89

REPLY by Benjamin H., David F., Lori Beth S., Thomas V., Justin E. in opposition to [86−1] opposition memorandum by Joan Ohl (skm)

May 3, 2000

May 3, 2000

90

STIPULATION by plaintiff Benjamin H., plaintiff David F., plaintiff Lori Beth S., plaintiff Thomas V., plaintiff Justin E., defendant Joan Ohl re: Extension of Time for Submission of Statement of Rights until 05/15/00. (dcm)

May 10, 2000

May 10, 2000

91

SUPPLEMENTAL PLEADING (Statement of Rights) submitted by the parties. (dcm) (Entered: 05/16/2000)

May 15, 2000

May 15, 2000

92

NOTICE OF CHANGE OF ADDRESS by Regan Bailey, Esq., co−counsel for Benjamin H., David F., Lori Beth S., Thomas V., Justin E. (gan)

June 8, 2000

June 8, 2000

93

SUPPLEMENTAL POST TRIAL MEMORANDUM by Benjamin H., David F., Lori Beth S., Thomas V., Justin E. (dcm)

July 13, 2000

July 13, 2000

Case Details

State / Territory: West Virginia

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Olmstead Cases

Key Dates

Filing Date: April 30, 1999

Closing Date: April 8, 2009

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Individuals with developmental disabilities who are eligible for Medicaid benefits

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

NDRN/Protection & Advocacy Organizations

Legal Services/Legal Aid

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

West Virginia Department of Health and Human Services, State

Case Details

Causes of Action:

42 U.S.C. § 1983

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

Constitutional Clause(s):

Due Process

Supremacy Clause

Availably Documents:

Trial Court Docket

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Mixed

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Preliminary relief granted

Issues

Benefit Source:

Medicaid