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

Clearinghouse coding complete

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 lis…

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


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)

Attorneys(s) for Plaintiff

Lesemann, Dana J. (Florida)

Lippman, Juliette E (Florida)

Saideman, Ellen Marjorie (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)

Attorneys(s) for Plaintiff

Lesemann, Dana J. (Florida)

Lippman, Juliette E (Florida)

Saideman, Ellen Marjorie (Florida)

Tetzeli, Helena Marie (Florida)

Weinger, Steven Murray (Florida)

Attorneys(s) for Defendant

Barrera, Martha F. (Florida)

Butterworth, Robert A. (Florida)

Crist, Charles J. Jr. (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)

Warner, Thomas E. (Florida)

Documents in the Clearinghouse

Document

Appellate Docket

Does 1-13 v. Bush

U. S. Court of Appeals for the Eleventh Circuit

April 27, 2000 Docket

Appellate Docket

Doe v. Bush

U. S. Court of Appeals for the Eleventh Circuit

Dec. 3, 2001 Docket

Appellate Docket

Doe v. Bush

U. S. Court of Appeals for the Eleventh Circuit

Jan. 18, 2002 Docket

Appellate Docket

Doe v. Bush

U. S. Court of Appeals for the Eleventh Circuit

April 22, 2004 Docket

Docket

Aug. 10, 2006 Docket

Plaintiffs' Memorandum of Law in Opposition to Defendants' Motion for Summary Judgment

1993 WL 13654043

Feb. 19, 1993 Pleading / Motion / Brief

Answer Brief of Plaintiffs-Appellees

U. S. Court of Appeals for the Eleventh Circuit

1997 WL 33493420

April 8, 1997 Pleading / Motion / Brief

Initial Brief of Appellants-Defendants

U. S. Court of Appeals for the Eleventh Circuit

1997 WL 33493418

April 9, 1997 Pleading / Motion / Brief

Reply Brief of Appellants-Defendants

U. S. Court of Appeals for the Eleventh Circuit

1997 WL 33493419

April 14, 1997 Pleading / Motion / Brief

Opinion Affirming Judgment of the District Court

U. S. Court of Appeals for the Eleventh Circuit

136 F.3d 709

Feb. 26, 1998 Order/Opinion

Docket

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT filed; A−7 STB FILING FEE $ 120.00 RECEIPT # 120144 (dr, Deputy Clerk) (Entered: 03/18/1992)

March 13, 1992
2

SUMMONS issued for Lawton Chiles (dr, Deputy Clerk) (Entered: 03/18/1992)

March 13, 1992
3

SUMMONS issued for Robert Williams (dr, Deputy Clerk) (Entered: 03/18/1992)

March 13, 1992
4

SUMMONS issued for Gary Clarke (dr, Deputy Clerk) (Entered: 03/18/1992)

March 13, 1992
5

SUMMONS issued for Richard Lepore (dr, Deputy Clerk) (Entered: 03/18/1992)

March 13, 1992
6

SUMMONS issued for H. James Towey (dr, Deputy Clerk) (Entered: 03/18/1992)

March 13, 1992
7

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)

March 26, 1992
8

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)

April 3, 1992
9

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)

April 6, 1992
10

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)

April 6, 1992
11

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)

April 6, 1992
12

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)

April 6, 1992
14

NOTICE of filing corrected certificate of service by Robert Williams (Former Deputy Clerk) (Entered: 04/10/1992)

April 7, 1992
15

MOTION with memorandum in support by Lawton Chiles to dismiss complaint (dg, Deputy Clerk) (Entered: 04/16/1992)

April 8, 1992
16

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)

April 8, 1992
17

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)

April 8, 1992
18

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)

April 9, 1992
19

MOTION with memorandum in support by Lawton Chiles to dismiss complaint (dg, Deputy Clerk) (Entered: 04/16/1992)

April 9, 1992
20

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)

April 14, 1992
21

NOTICE of Pendency of Other Action, by Defendants (dg, Deputy Clerk) (Entered: 04/27/1992)

April 16, 1992
22

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)

April 16, 1992
23

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)

April 16, 1992
24

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)

April 16, 1992
25

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)

April 20, 1992
26

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)

April 24, 1992
27

MOTION with memorandum in support by John/Jane Doe to extend time to respond to motions (dg, Deputy Clerk) (Entered: 05/05/1992)

April 30, 1992
28

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)

May 1, 1992
30

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)

May 13, 1992
31

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)

May 15, 1992
32

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)

May 22, 1992
33

MOTION by Lawton Chiles, Robert Williams, Gary Clarke, Richard Lepore, H. James Towey for protective order (wj, Deputy Clerk) (Entered: 06/02/1992)

May 22, 1992
34

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)

May 22, 1992
35

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)

May 22, 1992
36

AMENDED CERTIFICATE OF SERVICE by Lawton Chiles, Robert Williams, Gary Clarke, Richard Lepore, H. James Towey (wj, Deputy Clerk) (Entered: 06/02/1992)

May 22, 1992
37

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)

May 22, 1992
38

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)

May 22, 1992
39

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)

May 27, 1992
40

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)

May 27, 1992
41

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)

May 28, 1992
42

AFFIDAVIT of V. Sheffield Kenyon (dg, Deputy Clerk) (Entered: 06/05/1992)

May 28, 1992
43

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)

May 28, 1992
44

AFFIDAVIT of Rex Uberman (dg, Deputy Clerk) (Entered: 06/05/1992)

May 28, 1992
45

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)

May 29, 1992
46

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)

June 1, 1992
47

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)

June 1, 1992
48

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)

June 3, 1992
49

REPLY by Lawton Chiles to response to [19−1] motion to dismiss complaint (dg, Deputy Clerk) (Entered: 06/08/1992)

June 3, 1992
50

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)

June 5, 1992
51

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)

June 10, 1992
52

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)

June 17, 1992
53

Witness and document list by Lawton Chiles, Robert Williams, Gary Clarke, Richard Lepore, H. James Towey (dg, Deputy Clerk) (Entered: 06/26/1992)

June 23, 1992
54

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)

June 29, 1992
55

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)

July 1, 1992
56

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)

July 1, 1992
57

MOTION by John/Jane Doe, Florida Association, United Cerebral to certify class action (dg, Deputy Clerk) (Entered: 07/02/1992)

July 1, 1992
58

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)

July 1, 1992
59

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)

July 1, 1992
61

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)

July 6, 1992
62

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)

July 6, 1992
60

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)

July 7, 1992
63

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)

July 7, 1992
64

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)

July 7, 1992
65

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)

July 8, 1992
66

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)

July 8, 1992
67

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)

July 8, 1992
68

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)

July 14, 1992
69

RESPONSE by Lawton Chiles, Robert Williams, Gary Clarke and Richard Lepore in opposition to status report (Former Deputy Clerk) (Entered: 07/16/1992)

July 15, 1992
70

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)

July 16, 1992
71

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)

July 17, 1992
72

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)

July 20, 1992
73

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)

July 20, 1992
74

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)

July 20, 1992
75

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)

July 20, 1992
76

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)

July 21, 1992
78

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)

July 21, 1992
80

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)

July 22, 1992
79

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)

July 23, 1992
81

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)

July 23, 1992

DEFENDANTS' REPLY to plaintiffs' memorandum of law in opposition to defendants' motion for protective order (wj, Deputy Clerk) (Entered: 07/24/1992)

July 23, 1992
82

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)

July 28, 1992
83

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)

July 28, 1992
84

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)

July 28, 1992
85

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)

July 28, 1992
86

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)

July 28, 1992
87

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)

July 31, 1992
88

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)

July 31, 1992
89

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)

Aug. 3, 1992
90

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)

Aug. 3, 1992
91

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)

Aug. 4, 1992
92

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)

Aug. 5, 1992
94

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)

Aug. 5, 1992
95

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)

Aug. 5, 1992

RESPONSE to Plaintiffs' motion to compel response to request for admission, by Defendants (dg, Deputy Clerk) (Entered: 08/06/1992)

Aug. 5, 1992
96

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)

Aug. 5, 1992
97

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)

Aug. 6, 1992
98

NOTICE of supplemental filing by Lawton Chiles, Robert Williams, Gary Clarke, Richard Lepore, H. James Towey (dg, Deputy Clerk) (Entered: 08/11/1992)

Aug. 10, 1992
99

ORDER granting [93−1] motion to extend time to respond to Defendants' motion to strike, Response to motion reset to 9/14/92 for [84−1] motion to strike [57−1] motion to certify class action ( signed by Judge Edward B. Davis on 8/10/92) CCAP (dg, Deputy Clerk) (Entered: 08/11/1992)

Aug. 10, 1992
100

ORDER granting [94−1] motion to extend time to reply to Defendants' response to Plaintiffs' motion for class certification, Reply to Response to Motion reset to 9/14/92 for [57−1] motion to certify class action ( signed by Judge Edward B. Davis on 8/10/92) CCAP (dg, Deputy Clerk) (Entered: 08/11/1992)

Aug. 10, 1992
101

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 production (dg, Deputy Clerk) (Entered: 08/11/1992)

Aug. 10, 1992
102

RESPONSE by Lawton Chiles, Robert Williams, Gary Clarke, Richard Lepore, H. James Towey to [68−1] motion to compel Defendants to respond to request for admissions and to produce (dg, Deputy Clerk) (Entered: 08/11/1992)

Aug. 10, 1992

State / Territory: Florida

Case Type(s):

Public Benefits/Government Services

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

Department of Health & Rehabilitative Services of the State of Florida, State

Case Details

Causes of Action:

42 U.S.C. § 1983

Medicaid, 42 U.S.C §1396 (Title XIX of the Social Security Act)

Constitutional Clause(s):

Equal Protection

Availably Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Form of Settlement:

Confession of Judgment

Amount Defendant Pays: $678,000

Order Duration: 1996 - 0

Issues

Benefit Source:

Medicaid