Case: Doe v. Chiles

1:92-cv-00589 | U.S. District Court for the Southern District of Florida

Filed Date: March 13, 1992

Closed Date: 2006

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Case Summary

On March 13, 1992, thirteen unnamed developmentally disabled individuals filed a lawsuit in the United States District Court for the Southern District of Florida (Miami) against the Governor of Florida and the state's Department of Health & Rehabilitative Services. The plaintiffs filed the lawsuit under the Medicaid Act (42 U.S.C. § 1396) as well as 42 U.S.C. § 1983 and the Fifth and Fourteenth Amendments to the U.S. Constitution. Specifically, the plaintiffs, who had been placed on waiting lists for entry into intermediate care facilities for the developmentally disabled (ICF/DD), alleged that the defendants were causing unreasonable delays regarding the provision of ICF/DD. The plaintiffs, represented by private counsel, sought declaratory, injunctive, and incidental relief.

On July 22, 1996, the District Court (Judge Wilkie Ferguson, Jr.) granted the plaintiffs' motion for summary judgment, finding that officials of the Florida Department of Health and Rehabilitative Services were in fact violating the Medicaid Act by failing to furnish Medicaid assistance with "reasonable promptness" to eligible developmentally disabled individuals. The District Court subsequently enjoined the officials from failing to provide the assistance within a "reasonable" time period, not to exceed ninety days.

The defendants appealed, but on February 26, 1998, the Eleventh Circuit (Judge Rosemary Barkett, Judge Joseph W. Hatchett, and District Judge Robert Prost) issued an opinion affirming the judgment. Doe v. Chiles, 136 F.3d 709 (11th Cir. 1998).

Subsequent to the 11th Circuit's affirmance of the District Court's final judgment, the District Court entered an order on October 7, 1999 holding defendants in contempt for failing to comply. The District Court also entered a class certification order on February 11, 2000. However, defendants appealed both orders, and on August 8, 2001, the Eleventh Circuit (Judge R. Lanier Anderson, III; Judge Edward Earl Carnes; District Judge John F. Nangle) reversed the orders and remanded the case. Doe v. Bush, 261 F.3d 1037 (11th Cir. 2001). Significantly, the Eleventh Circuit nevertheless found that an implied class existed. Doe v. Bush, 261 F.3d 1027, 1049 (11th Cir. 2001). The defendants filed a petition for writ of certiorari on this issue, but the petition was denied on January 14, 2002.

The District Court also entered a post-judgment award of $678,000 to the plaintiffs, covering attorney fees and litigation costs, which the defendants appealed. On January 16, 2004, the Eleventh Circuit affirmed the District Court's judgment. Doe v. Bush, 91 Fed.Appx. 655 (11th Cir. 2004). Once again, defendants filed a petition for writ of certiorari on this issue, but the petition was denied on June 21, 2004. The case is now closed.

Summary Authors

Jordan Rossen (4/3/2011)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/36432728/parties/doe-v-chiles/

Judge(s)

Barkett, Rosemary (Florida)

Carnes, Edward Earl (Alabama)

Attorney for Plaintiff

Attorney for Defendant

Barrera, Martha F. (Florida)

Butterworth, Robert A. (Florida)

Crist, Charles J. Jr. (Florida)

Judge(s)

Barkett, Rosemary (Florida)

Carnes, Edward Earl (Alabama)

Erba, Andrew F. (Pennsylvania)

Gold, Alan Stephen (Florida)

Hatchett, Joseph Woodrow (Florida)

Nangle, John Francis (Missouri)

Propst, Robert Bruce (Alabama)

Attorney for Plaintiff

Lesemann, Dana J. (Florida)

Lippman, Juliette E (Florida)

Saideman, Ellen Marjorie (Florida)

Tetzeli, Helena Marie (Florida)

Weinger, Steven Murray (Florida)

Attorney for Defendant

Barrera, Martha F. (Florida)

Butterworth, Robert A. (Florida)

Crist, Charles J. Jr. (Florida)

Gandy, W. Eugene (Florida)

Gandy, William Eugene Jr. (Florida)

Hancock, Paul F. (Florida)

Kise, Christopher M. (Florida)

Marshall, Marilyn Josephine (Florida)

McCoy, Charlie (Florida)

Rynor, Jeffrey A. (Florida)

Shelkofsky, Morris E. Jr. (Florida)

Smith, Chesterfield Jr. (Florida)

Talenfeld, Howard M. (Florida)

Vail, E. Jason (Florida)

Vail, Jason (Florida)

Warner, Thomas E. (Florida)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

1:92-cv-00589	Appellate Docket Does 1-13 v. Bush U.S. Court of Appeals for the Eleventh Circuit	April 27, 2000	April 27, 2000 Docket
1:92-cv-00589	Appellate Docket Doe v. Bush U.S. Court of Appeals for the Eleventh Circuit	Dec. 3, 2001	Dec. 3, 2001 Docket
1:92-cv-00589	Appellate Docket Doe v. Bush U.S. Court of Appeals for the Eleventh Circuit	Jan. 18, 2002	Jan. 18, 2002 Docket
1:92-cv-00589	Appellate Docket Doe v. Bush U.S. Court of Appeals for the Eleventh Circuit	April 22, 2004	April 22, 2004 Docket
1:92-cv-00589	Docket	Aug. 10, 2006	Aug. 10, 2006 Docket
1:92-cv-00589	Plaintiffs' Memorandum of Law in Opposition to Defendants' Motion for Summary Judgment	Feb. 19, 1993	Feb. 19, 1993 Pleading / Motion / Brief 1993 WL 13654043
1:92-cv-00589	Answer Brief of Plaintiffs-Appellees U.S. Court of Appeals for the Eleventh Circuit	April 8, 1997	April 8, 1997 Pleading / Motion / Brief 1997 WL 33493420
1:92-cv-00589	Initial Brief of Appellants-Defendants U.S. Court of Appeals for the Eleventh Circuit	April 9, 1997	April 9, 1997 Pleading / Motion / Brief 1997 WL 33493418
1:92-cv-00589	Reply Brief of Appellants-Defendants U.S. Court of Appeals for the Eleventh Circuit	April 14, 1997	April 14, 1997 Pleading / Motion / Brief 1997 WL 33493419
1:92-cv-00589	Opinion Affirming Judgment of the District Court U.S. Court of Appeals for the Eleventh Circuit	Feb. 26, 1998	Feb. 26, 1998 Order/Opinion 136 F.3d 709

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/36432728/doe-v-chiles/

Last updated Aug. 25, 2026, 1:34 p.m.

Docket for: Doe v. Chiles

ECF Number	Date	Description	Link
1	March 13, 1992	COMPLAINT filed; A-7 STB FILING FEE $ 120.00 RECEIPT # 120144 (dr, Deputy Clerk) (Entered: 03/18/1992)	RECAP
2	March 13, 1992	SUMMONS issued for Lawton Chiles (dr, Deputy Clerk) (Entered: 03/18/1992)	RECAP
3	March 13, 1992	SUMMONS issued for Robert Williams (dr, Deputy Clerk) (Entered: 03/18/1992)	RECAP
4	March 13, 1992	SUMMONS issued for Gary Clarke (dr, Deputy Clerk) (Entered: 03/18/1992)	RECAP
5	March 13, 1992	SUMMONS issued for Richard Lepore (dr, Deputy Clerk) (Entered: 03/18/1992)	RECAP
6	March 13, 1992	SUMMONS issued for H. James Towey (dr, Deputy Clerk) (Entered: 03/18/1992)	RECAP
7	March 26, 1992	RETURN OF SERVICE executed as to H. James Towey 3/17/92 Answer due on 4/6/92 for H. James Towey (dg, Deputy Clerk) (Entered: 04/03/1992)	RECAP
8	April 3, 1992	MOTION with memorandum in support by Robert Williams to extend time to answer or file defensive motions to complaint (Former Deputy Clerk) (Entered: 04/10/1992)	RECAP
9	April 6, 1992	MOTION with memorandum in support by Gary Clarke to extend time answer and or file defensive Motions to complaint (Former Deputy Clerk) (Entered: 04/10/1992)	RECAP
10	April 6, 1992	RETURN OF SERVICE executed as to Lawton Chiles 3/17/92 by serving David Maloney. Answer due on 4/6/92 for Lawton Chiles (Former Deputy Clerk) (Entered: 04/10/1992)	RECAP
11	April 6, 1992	RETURN OF SERVICE executed as to Richard Lepore 3/17/92 by serving Robert PowellAnswer due on 4/6/92 for Richard Lepore (Former Deputy Clerk) (Entered: 04/10/1992)	RECAP
12	April 6, 1992	RETURN OF SERVICE executed as to Robert Williams 3/17/92 Answer due on 4/6/92 for Robert Williams (Former Deputy Clerk) (Entered: 04/10/1992)	RECAP
13	April 6, 1992	RETURN OF SERVICE executed as to Gary Clarke 3/17/92 Answer due on 4/6/92 for Gary Clarke (Former Deputy Clerk) (Entered: 04/10/1992)	RECAP
14	April 7, 1992	NOTICE of filing corrected certificate of service by Robert Williams (Former Deputy Clerk) (Entered: 04/10/1992)	RECAP
15	April 8, 1992	MOTION with memorandum in support by Lawton Chiles to dismiss complaint (dg, Deputy Clerk) (Entered: 04/16/1992)	RECAP
16	April 8, 1992	ORDER granting [9-1] motion to extend time answer and or file defensive Motions to complaint, reset answer due for 4/16/92 for Gary Clarke ( signed by Judge Edward B. Davis on 4/8/92) CCAP (dg, Deputy Clerk) (Entered: 04/16/1992)	RECAP
17	April 8, 1992	ORDER granting [8-1] motion to extend time to answer or file defensive motions to complaint, reset answer due for 4/16/92 for Robert Williams ( signed by Judge Edward B. Davis on 4/8/92) CCAP (dg, Deputy Clerk) (Entered: 04/16/1992)	RECAP
18	April 9, 1992	MOTION with memorandum in support by Robert Williams, Gary Clarke, Richard Lepore, H. James Towey to extend time to respond to complaint (dg, Deputy Clerk) (Entered: 04/16/1992)	RECAP
19	April 9, 1992	MOTION with memorandum in support by Lawton Chiles to dismiss complaint (dg, Deputy Clerk) (Entered: 04/16/1992)	RECAP
20	April 14, 1992	ORDER granting [18-1] motion to extend time to respond to complaint, reset answer due for 4/16/92 for H. James Towey, for Richard Lepore, for Gary Clarke, for Robert Williams ( signed by Judge Edward B. Davis on 4/14/92) CCAP (dg, Deputy Clerk) (Entered: 04/27/1992)	RECAP
21	April 16, 1992	NOTICE of Pendency of Other Action, by Defendants (dg, Deputy Clerk) (Entered: 04/27/1992)	RECAP
22	April 16, 1992	MOTION with memorandum in support by Lawton Chiles, Robert Williams, Gary Clarke, Richard Lepore, H. James Towey for more definite statement, and to strike scandalous, misleading and prejudicial matter from [1-1] complaint (dg, Deputy Clerk) (Entered: 04/27/1992)	RECAP
23	April 16, 1992	MOTION by Lawton Chiles, Robert Williams, Gary Clarke, Richard Lepore, H. James Towey to dismiss complaint pursuant to Rule 12(b)(1) (dg, Deputy Clerk) Modified on 06/08/1992 (Entered: 04/27/1992)	RECAP
24	April 16, 1992	MEMORANDUM by Lawton Chiles, Robert Williams, Gary Clarke, Richard Lepore, H. James Towey in support of [23-1] motion to dismiss complaint pursuant to Rule 12(b)(1) (dg, Deputy Clerk) Modified on 06/08/1992 (Entered: 04/27/1992)	RECAP
25	April 20, 1992	MOTION with memorandum in support by John/Jane Doe, Florida Association, United Cerebral to extend time to respond to various motions (dg, Deputy Clerk) (Entered: 04/27/1992)	RECAP
26	April 24, 1992	ORDER granting [25-1] motion to extend time to respond to various motions, Response to motion reset to 4/30/92 for [23-1] motion to dismiss complaint pursuant to Rule 12(b)(1), reset to 4/30/92 for [22-1] motion for more definite statement, reset to 4/30/92 for [22-2] motion to strike scandalous, misleading and prejudicial matter from [1-1] complaint, reset to 4/30/92 for [19-1] motion to dismiss complaint, reset to 4/30/92 [15-1] motion to dismiss complaint ( signed by Judge B. Davis on 4/24/92) CCAP (dg, Deputy Clerk) Modified on 06/08/1992 (Entered: 04/27/1992)	RECAP
27	April 30, 1992	MOTION with memorandum in support by John/Jane Doe to extend time to respond to motions (dg, Deputy Clerk) (Entered: 05/05/1992)	RECAP
28	May 1, 1992	MOTION with memorandum in support by Lawton Chiles, Robert Williams, Gary Clarke, Richard Lepore, H. James Towey to extend time to respond to Plaintiffs' 1st request to produce and request for admissions (dg, Deputy Clerk) (Entered: 05/05/1992)	RECAP
29	May 13, 1992	ORDER granting [28-1] motion to extend time to respond to Plaintiffs' 1st request to produce and request for admissions, set discovery due for 5/21/92 ( signed by Judge Edward B. Davis on 5/12/92) CCAP (dg, Deputy Clerk) (Entered: 05/22/1992)	RECAP
30	May 13, 1992	ORDER granting [27-1] motion to extend time to respond to motions, Response to motion reset to 5/21/92 for [23-1] motion to dismiss complaint pursuant to Rule 12(b)(1), reset to 5/21/92 for [22-1] motion for more definite statement, reset to 5/21/92 for [22-2] motion to strike scandalous, misleading and prejudicial matter from [1-1] complaint, reset to 5/21/92 for [19-1] motion to dismiss complaint ( signed by Judge Edward B. Davis on 5/12/92) CCAP (dg, Deputy Clerk) Modified on 06/08/1992 (Entered: 05/22/1992)	RECAP
31	May 15, 1992	RESPONSE by John/Jane Doe, Florida Association, United Cerebral to [23-1] motion to dismiss complaint pursuant to Rule 12(b)(1) (dg, Deputy Clerk) Modified on 06/08/1992 (Entered: 05/22/1992)	RECAP
32	May 22, 1992	OBJECTION by Lawton Chiles, Robert Williams, Gary Clarke, Richard Lepore, H. James Towey in opposition to Plaintiffs' 1st request for production and request for admissions. (wj, Deputy Clerk) (Entered: 06/02/1992)	RECAP
33	May 22, 1992	MOTION by Lawton Chiles, Robert Williams, Gary Clarke, Richard Lepore, H. James Towey for protective order (wj, Deputy Clerk) (Entered: 06/02/1992)	RECAP
34	May 22, 1992	MEMORANDUM by Lawton Chiles, Robert Williams, Gary Clarke, Richard Lepore, H. James Towey in support of [33-1] motion for protective order (wj, Deputy Clerk) (Entered: 06/02/1992)	RECAP
35	May 22, 1992	MOTION by Lawton Chiles, Robert Williams, Gary Clarke, Richard Lepore, H. James Towey for evidentiary Hearing and oral argument (wj, Deputy Clerk) (Entered: 06/02/1992)	RECAP
36	May 22, 1992	AMENDED CERTIFICATE OF SERVICE by Lawton Chiles, Robert Williams, Gary Clarke, Richard Lepore, H. James Towey (wj, Deputy Clerk) (Entered: 06/02/1992)	RECAP
37	May 22, 1992	RESPONSE by John/Jane Doe, Florida Association, United Cerebral to [22-1] motion for more definite statement, [22-2] motion to strike scandalous, misleading and prejudicial matter from [1-1] complaint (wj, Deputy Clerk) (Entered: 06/02/1992)	RECAP
38	May 22, 1992	RESPONSE by John/Jane Doe, Florida Association, United Cerebral to [19-1] motion to dismiss complaint, [15-1] motion to dismiss complaint (wj, Deputy Clerk) (Entered: 06/02/1992)	RECAP
39	May 27, 1992	MOTION with memorandum in support by Lawton Chiles, Robert Williams, Gary Clarke, Richard Lepore, H. James Towey to extend time to serve reply memorandum to Plaintiffs' response to Defendants' Rule 12(b)(1) motion to dismiss (dg, Deputy Clerk) (Entered: 06/05/1992)	RECAP
40	May 27, 1992	ORDER Referring all matters related to pre-trial discvery including [33-1] motion for protective order referred to Magistrate Stephen T. Brown ( signed by Judge Edward B. Davis on 5/27/92) (dg, Deputy Clerk) (Entered: 06/05/1992)	RECAP
41	May 28, 1992	NOTICE of supplemental filing of original affidavit of V. Sheffield Kenyon by Lawton Chiles, Robert Williams, Gary Clarke, Richard Lepore, H. James Towey (dg, Deputy Clerk) (Entered: 06/05/1992)	RECAP
42	May 28, 1992	AFFIDAVIT of V. Sheffield Kenyon (dg, Deputy Clerk) (Entered: 06/05/1992)	RECAP
43	May 28, 1992	NOTICE of supplemental filing of original affidavit of Rex Uberman by Lawton Chiles, Robert Williams, Gary Clarke, Richard Lepore, H. James Towey (dg, Deputy Clerk) (Entered: 06/05/1992)	RECAP
44	May 28, 1992	AFFIDAVIT of Rex Uberman (dg, Deputy Clerk) (Entered: 06/05/1992)	RECAP
45	May 29, 1992	ORDER granting [39-1] motion to extend time to serve reply memorandum to Plaintiffs' response to Defendants' Rule 12(b)(1) motion to dismiss, Reply to Response to Motion reset to 6/1/92 for [23-1] motion to dismiss complaint pursuant to Rule 12(b)(1) ( signed by Judge Edward B. Davis on 5/29/92) CCAP (dg, Deputy Clerk) Modified on 06/08/1992 (Entered: 06/05/1992)	RECAP
46	June 1, 1992	REPLY MEMORANDUM by Lawton Chiles, Robert Williams, Gary Clarke, Richard Lepore, H. James Towey in support of [23-1] motion to dismiss complaint pursuant to Rule 12(b)(1) (dg, Deputy Clerk) (Entered: 06/08/1992)	RECAP
47	June 1, 1992	REPLY by Lawton Chiles, Robert Williams, Gary Clarke, Richard Lepore, H. James Towey to response to [22-1] motion for more definite statement, [22-2] motion to strike scandalous, misleading and prejudicial matter from [1-1] complaint (dg, Deputy Clerk) (Entered: 06/08/1992)	RECAP
48	June 3, 1992	NOTICE of filing copy of order granting preliminary injunction & amended complaint under case #89-984-CIV-LCN (attached) by Lawton Chiles, Robert Williams, Gary Clarke, Richard Lepore, H. James Towey (dg, Deputy Clerk) (Entered: 06/08/1992)	RECAP
49	June 3, 1992	REPLY by Lawton Chiles to response to [19-1] motion to dismiss complaint (dg, Deputy Clerk) (Entered: 06/08/1992)	RECAP
50	June 5, 1992	NOTICE of supplemental filing of correct copy of exhibits (attached) by Lawton Chiles, Robert Williams, Gary Clarke, Richard Lepore, H. James Towey (dg, Deputy Clerk) (Entered: 06/08/1992)	RECAP
51	June 10, 1992	MOTION with memorandum in support by John/Jane Doe, Florida Association, United Cerebral to extend time respond to Defendant's motion for protective order (wj, Deputy Clerk) (Entered: 06/11/1992)	RECAP
52	June 17, 1992	ORDER granting [51-1] motion to extend time respond to Defendant's motion for protective order, Response to motion reset to 6/29/92 for [33-1] motion for protective order ( signed by Magistrate Stephen T. Brown on 6/15/92) CCAP (dg, Deputy Clerk) (Entered: 06/17/1992)	RECAP
53	June 23, 1992	Witness and document list by Lawton Chiles, Robert Williams, Gary Clarke, Richard Lepore, H. James Towey (dg, Deputy Clerk) (Entered: 06/26/1992)	RECAP
54	June 29, 1992	MOTION with memorandum in support by John/Jane Doe, Florida Association, United Cerebral to extend time to file response to motion for protective order (dg, Deputy Clerk) (Entered: 06/30/1992)	RECAP
55	July 1, 1992	MOTION with memorandum in support by John/Jane Doe, Florida Association, United Cerebral for contempt and sanctions against Defendants (dg, Deputy Clerk) (Entered: 07/02/1992)	RECAP
56	July 1, 1992	NOTICE of filing status report by John/Jane Doe, Florida Association, United Cerebral, Lawton Chiles, Robert Williams, Gary Clarke, Richard Lepore, H. James Towey (dg, Deputy Clerk) (Entered: 07/02/1992)	RECAP
57	July 1, 1992	MOTION by John/Jane Doe, Florida Association, United Cerebral to certify class action (dg, Deputy Clerk) (Entered: 07/02/1992)	RECAP
58	July 1, 1992	MEMORANDUM by John/Jane Doe, Florida Association, United Cerebral in support of [57-1] motion to certify class action (dg, Deputy Clerk) (Entered: 07/02/1992)	RECAP
59	July 1, 1992	NOTICE of filing affidavit and exhibits in support of motion for class certification by John/Jane Doe, Florida Association, United Cerebral (dg, Deputy Clerk) (Entered: 07/02/1992)	RECAP
61	July 6, 1992	MOTION with memorandum in support by John/Jane Doe, Florida Association, United Cerebral to exceed page limit in memorandum in opposition to Defendants' motion for protective order (dg, Deputy Clerk) (Entered: 07/08/1992)	RECAP
62	July 6, 1992	MEMORANDUM by John/Jane Doe, Florida Association, United Cerebral in opposition to [33-1] motion for protective order (dg, Deputy Clerk) (Entered: 07/08/1992)	RECAP
60	July 7, 1992	ORDER granting [54-1] motion to extend time to file response to motion for protective order, Response to motion reset to 7/6/92 for [33-1] motion for protective order ( signed by Magistrate Stephen T. Brown on 7/2/92) CCAP (dg, Deputy Clerk) (Entered: 07/07/1992)	RECAP
63	July 7, 1992	MOTION with memorandum in support by John/Jane Doe, Florida Association, United Cerebral to compel Defendants' to respond to request for admissions (dg, Deputy Clerk) (Entered: 07/08/1992)	RECAP
64	July 7, 1992	ORDER Referring Motion(s) [55-1] motion for contempt and sanctions against Defendants referred to Magistrate Stephen T. Brown ( signed by Judge Edward B. Davis on 7/7/92) (dg, Deputy Clerk) (Entered: 07/08/1992)	RECAP
65	July 8, 1992	MOTION by Lawton Chiles, Robert Williams, Gary Clarke, Richard Lepore, H. James Towey to extend time to respond to Plaintiff's motion for contempt and sanctions (dg, Deputy Clerk) (Entered: 07/09/1992)	RECAP
66	July 8, 1992	MEMORANDUM by Lawton Chiles, Robert Williams, Gary Clarke, Richard Lepore, H. James Towey in support of [65-1] motion to extend time to respond to Plaintiff's motion for contempt and sanctions (dg, Deputy Clerk) (Entered: 07/09/1992)	RECAP
67	July 8, 1992	NOTICE of trial date and discovery schedule: set Jury trial for 9:00 6/1/93 before Judge Edward B. Davis, set discovery due for 2/22/93, motion filing deadline for 3/22/93, set Memo of Law due 3/22/93, set pretrial stipulation due for 5/3/93 and jury instructions or proposed findings of fact & conclusions of law due 5/24/93 (dg, Deputy Clerk) (Entered: 07/09/1992)	RECAP
68	July 14, 1992	MOTION with memorandum in support by John/Jane Doe, Florida Association, United Cerebral to compel Defendants to respond to request for admissions and to produce (dg, Deputy Clerk) (Entered: 07/15/1992)	RECAP
69	July 15, 1992	RESPONSE by Lawton Chiles, Robert Williams, Gary Clarke and Richard Lepore in opposition to status report (Former Deputy Clerk) (Entered: 07/16/1992)	RECAP
70	July 16, 1992	MOTION with memorandum in support by Lawton Chiles, Robert Williams, Gary Clarke, Richard Lepore, H. James Towey to extend time to reply to plaintiffs' response to defendants' motion for protective order (wj, Deputy Clerk) (Entered: 07/17/1992)	RECAP
71	July 17, 1992	MOTION with memorandum in support by Lawton Chiles, Robert Williams, Gary Clarke, Richard Lepore, H. James Towey to extend time to respond to plaintiffs' motion for class Certification (wj, Deputy Clerk) (Entered: 07/21/1992)	RECAP
72	July 20, 1992	MOTION with memorandum in support by Lawton Chiles, Robert Williams, Gary Clarke, Richard Lepore, H. James Towey to extend time to respond to plaintiffs' motion to compel response to request for admission (wj, Deputy Clerk) (Entered: 07/21/1992)	RECAP
73	July 20, 1992	MOTION with memorandum in support by Lawton Chiles, Robert Williams, Gary Clarke, Richard Lepore, H. James Towey to extend time to respond to plaintiffs' motion to compel response to request to produce (wj, Deputy Clerk) (Entered: 07/21/1992)	RECAP
74	July 20, 1992	ORDER granting [65-1] motion to extend time to respond to Plaintiff's motion for contempt and sanctions, granting [61-1] motion to exceed page limit in memorandum in opposition to Defendants' motion for protective order, Response to motion reset to 7/20/92 for [55-1] motion for contempt and sanctions against Defendants ( signed by Magistrate Stephen T. Brown on 7/17/92) CCAP (dg, Deputy Clerk) (Entered: 07/23/1992)	RECAP
75	July 20, 1992	MOTION by Lawton Chiles, Robert Williams, Gary Clarke, Richard Lepore, H. James Towey to extend time to respond to interrogatory number 1 (dg, Deputy Clerk) (Entered: 07/23/1992)	RECAP
76	July 21, 1992	MOTION with memorandum in support by John/Jane Doe, Florida Association, United Cerebral to compel Defendants to respond to single interrogatory (dg, Deputy Clerk) Modified on 07/23/1992 (Entered: 07/23/1992)	RECAP
77	July 21, 1992	Certificate of counsel re: motion to compel by John/Jane Doe, Florida Association, United Cerebral (dg, Deputy Clerk) Modified on 07/23/1992 (Entered: 07/23/1992)	RECAP
78	July 21, 1992	MEMORANDUM by John/Jane Doe, Florida Association, United Cerebral in opposition to [75-1] motion to extend time to respond to interrogatory number 1 (dg, Deputy Clerk) (Entered: 07/23/1992)	RECAP
80	July 22, 1992	RESPONSE by Lawton Chiles, Robert Williams, Gary Clarke, Richard Lepore, H. James Towey to [55-1] motion for contempt and sanctions against Defendants (wj, Deputy Clerk) (Entered: 07/24/1992)	RECAP
79	July 23, 1992	MOTION with memorandum in support by John/Jane Doe, Florida Association, United Cerebral to extend time for reply to defendants' response to plaintiffs' motion for contempt and sanctions based on need for discovery of defendants' affiant (wj, Deputy Clerk) (Entered: 07/24/1992)	RECAP
81	July 23, 1992	MOTION with memorandum in support by Lawton Chiles, Robert Williams, Gary Clarke, Richard Lepore, H. James Towey for leave to file to exceed page limit and defendants' re0ply to plaintiffs' memorandum of law in opposition to defendant's motion for protective order (wj, Deputy Clerk) (Entered: 07/24/1992)	RECAP
	July 23, 1992	DEFENDANTS' REPLY to plaintiffs' memorandum of law in opposition to defendants' motion for protective order (wj, Deputy Clerk)
82	July 28, 1992	ORDER granting [71-1] motion to extend time to respond to plaintiffs' motion for class Certification, Response to motion reset to 7/27/92 for [57-1] motion to certify class action ( signed by Judge Shelby Highsmith for Judge Edward B. Davis on 7/28/92) CCAP (dg, Deputy Clerk) (Entered: 07/30/1992)	RECAP
83	July 28, 1992	MOTION with memorandum in support by Lawton Chiles, Robert Williams, Gary Clarke, Richard Lepore, H. James Towey to extend time to respond to Plaintiffs' motion for class certification (dg, Deputy Clerk) (Entered: 07/30/1992)	RECAP
84	July 28, 1992	MOTION by Lawton Chiles, Robert Williams, Gary Clarke, Richard Lepore, H. James Towey to strike [57-1] motion to certify class action (dg, Deputy Clerk) (Entered: 07/30/1992)	RECAP
85	July 28, 1992	MEMORANDUM by Lawton Chiles, Robert Williams, Gary Clarke, Richard Lepore, H. James Towey in support of [84-1] motion to strike [57-1] motion to certify class action (dg, Deputy Clerk) (Entered: 07/30/1992)	RECAP
86	July 28, 1992	MEMORANDUM by Lawton Chiles, Robert Williams, Gary Clarke, Richard Lepore, H. James Towey in opposition to [57-1] motion to certify class action (dg, Deputy Clerk) (Entered: 07/30/1992)	RECAP
87	July 31, 1992	EMERGENCY MOTION with memorandum in support by Lawton Chiles, Robert Williams, Gary Clarke, Richard Lepore, H. James Towey for protective order (dg, Deputy Clerk) (Entered: 08/03/1992)	RECAP
88	July 31, 1992	NOTICE of erratum as to memorandum in oppositon to Plaintiffs' motion for class certification by Lawton Chiles, Robert Williams, Gary Clarke, Richard Lepore, H. James Towey (dg, Deputy Clerk) (Entered: 08/05/1992)	RECAP
89	Aug. 3, 1992	MOTION with memorandum in support by Lawton Chiles, Robert Williams, Gary Clarke, Richard Lepore, H. James Towey to extend time to file response to Plaintiffs' motion to compel response to request for production (dg, Deputy Clerk) (Entered: 08/05/1992)	RECAP
90	Aug. 3, 1992	REPLY MEMORANDUM by John/Jane Doe, Florida Association, United Cerebral in opposition to [75-1] motion to extend time to respond to interrogatory number 1 (dg, Deputy Clerk) (Entered: 08/05/1992)	RECAP
91	Aug. 4, 1992	ORDER granting [87-1] motion for protective order ( signed by Magistrate Stephen T. Brown on 8/4/92) CCAP (dg, Deputy Clerk) (Entered: 08/05/1992)	RECAP
92	Aug. 5, 1992	NOTICE of supplemental authority in support of motion to dismiss by Lawton Chiles, Robert Williams, Gary Clarke, Richard Lepore, H. James Towey (dg, Deputy Clerk) (Entered: 08/06/1992)	RECAP
93	Aug. 5, 1992	MOTION with memorandum in support by John/Jane Doe, Florida Association, United Cerebral to extend time to respond to Defendants' motion to strike (dg, Deputy Clerk) (Entered: 08/06/1992)	RECAP
94	Aug. 5, 1992	MOTION with memorandum in support by John/Jane Doe, Florida Association, United Cerebral to extend time to reply to Defendants' response to Plaintiffs' motion for class certification (dg, Deputy Clerk) (Entered: 08/06/1992)	RECAP
95	Aug. 5, 1992	MOTION with memorandum in support by Lawton Chiles, Robert Williams, Gary Clarke, Richard Lepore, H. James Towey for leave to exceed page limit of response to Plaintiffs' motion to compel request for admissions (dg, Deputy Clerk) (Entered: 08/06/1992)	RECAP
96	Aug. 5, 1992	ORDER granting [83-1] motion to extend time to respond to Plaintiffs' motion for class certification nunc pro tunc 7/26/92 ( signed by Judge Edward B. Davis on 8/5/92) CCAP (dg, Deputy Clerk) (Entered: 08/07/1992)	RECAP
	Aug. 5, 1992	RESPONSE to Plaintiffs' motion to compel response to request for admission, by Defendants (dg, Deputy Clerk)
97	Aug. 6, 1992	MOTION with memorandum in support by Lawton Chiles, Robert Williams, Gary Clarke, Richard Lepore, H. James Towey to extend time to file response to Plaintiffs' motion to compel request for production (dg, Deputy Clerk) (Entered: 08/07/1992)	RECAP
98	Aug. 10, 1992	NOTICE of supplemental filing by Lawton Chiles, Robert Williams, Gary Clarke, Richard Lepore, H. James Towey (dg, Deputy Clerk) (Entered: 08/11/1992)	RECAP

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Case Details

State / Territory:

Florida

Case Type(s):

Public Benefits/Government Services

Healthcare Access and Reproductive Issues

Special Collection(s):

Olmstead Cases

Key Dates

Filing Date: March 13, 1992

Closing Date: 2006

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All developmentally disabled individuals in the State of Florida who are entitled to Intermediate Care Facilities for the Mentally Retarded (“ICF/MR”) placement but have not received a placement with reasonable promptness

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

State

Department of Health & Rehabilitative Services of the State of Florida

Case Details

Causes of Action:

42 U.S.C. § 1983