Case: Bertrand v. Maram

1:05-cv-00544 | U.S. District Court for the Northern District of Illinois

Filed Date: Jan. 31, 2005

Closed Date: 2007

Clearinghouse coding complete

Case Summary

On January 31, 2005, private counsel filed a class-action suit against three Illinois state officials: the Director of the Illinois Department of Public Aid, the Secretary of the Illinois Department of Human Services, and the Director of the Office of Developmental Disabilities. On the following day (February 1, 2005), a slightly modified Amended Complaint and Motion for Class Certification was filed. The Plaintiffs alleged that Illinois had insufficiently funded its Medicaid Home and Communit…

On January 31, 2005, private counsel filed a class-action suit against three Illinois state officials: the Director of the Illinois Department of Public Aid, the Secretary of the Illinois Department of Human Services, and the Director of the Office of Developmental Disabilities. On the following day (February 1, 2005), a slightly modified Amended Complaint and Motion for Class Certification was filed. The Plaintiffs alleged that Illinois had insufficiently funded its Medicaid Home and Community-Based Services (HCBS) waiver program, which was established under § 1915(c) of the Social Security Act. The purpose of the waiver program was to provide services to individuals with developmental disabilities who, in the absence of the HCBS, would require care in a large institution. The complaint listed two named plaintiffs, who were also representatives of the proposed class, defined as all developmentally disabled persons with intellectual disabilities, eighteen or older, who were HCBS recipients and who sought additional funding for services through the program.

Under 42 U.S.C. § 1396n(c)(1) and § 1915(c) of the Social Security Act, by opting to provide an HCBS waiver program, Illinois had committed to make available a specified number of HCBS waivers to participants (10,000 waivers in 2005), and to fully fund the services required by participants so as to enable them live in an integrated community setting. The Plaintiffs alleged that Illinois had issued too few waivers each year, and that it had denied waiver recipient requests for necessary services. Among the services available under HCBS was the option for individuals to live in Community-Integrated Living Arrangements (CILAs), a type of state-licensed group home for eight or fewer residents where individually customized habilitation and personal care support and services were provided. The complaint alleged that because of supposed insufficient funding, Illinois was denying the requests of qualified Medicaid HCBS recipients for placement in CILA residences, and instead was placing or offering to place them in large institutions where they would be effectively segregated from the rest of society. Both of the named plaintiffs had been denied placement in CILA residences despite being HCBS waiver recipients.

The Plaintiffs sought an injunction requiring Illinois to provide funding for and to make available to the Plaintiff class a full range of HCBS services, including CILA services. They sought a declaratory judgment holding the failure to provide funding unlawful under 24 U.S.C. §1396a(a) (the Medicaid Act) and 42 U.S.C. §1983, and further sought to recover attorneys' fees and costs.

Illinois argued that the federal Centers for Medicare and Medicaid Services (CMS) had specifically approved Illinois' use of certain priority criteria to limit the number of CILA recipients when it approved the state's HCBS waiver program, and that if CILA and other services were not distributed on a the basis of priority criteria, but on a first-come, first-served basis, those most in need would not necessarily receive them.

On June 8, 2005, the Plaintiffs filed a Motion for Summary Judgment, and on July 7, the Defendants filed their own summary judgment motion. On September 25, 2006, the Court (Judge Virginia M. Kendall) issued an Opinion and Order denying the Plaintiffs' motion and granting Illinois' motion. The Court held that, because the CMS had specifically approved Illinois' use of certain priority criteria to limit the number of CILA recipients when it approved the state's HCBS waiver program, Illinois was not in violation of federal law. The Plaintiffs' motion for class certification was denied as moot.

The Plaintiff filed an Appeal to the federal Seventh Circuit Court of Appeals. On September 9, 2007, the Court of Appeals (Chief Judge Frank Hoover Easterbrook, writing for a three judge panel) affirmed the lower court's decision. Bertrand ex rel. Bertrand v. Maram, 495 F.3d 452 (7th Cir. 2007) (rehearing denied).

The case is closed.

Summary Authors

Alex Colbert-Taylor (6/24/2013)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/5423107/parties/bertrand-v-maram/


Judge(s)

Easterbrook, Frank Hoover (Illinois)

Flaum, Joel Martin (Illinois)

Kendall, Virginia Mary (Illinois)

Ripple, Kenneth Francis (Indiana)

Attorneys(s) for Plaintiff

Farley, Robert Hugh Jr. (Illinois)

Attorneys(s) for Defendant

Gange, Christopher (Illinois)

Huston, John E. (Illinois)

Konieczny, Karen (Illinois)

Legner, Brett E. (Illinois)

Welsh, Mary E. (Illinois)

Judge(s)

Easterbrook, Frank Hoover (Illinois)

Flaum, Joel Martin (Illinois)

Kendall, Virginia Mary (Illinois)

Ripple, Kenneth Francis (Indiana)

Attorneys(s) for Plaintiff

Farley, Robert Hugh Jr. (Illinois)

Attorneys(s) for Defendant

Gange, Christopher (Illinois)

Huston, John E. (Illinois)

Konieczny, Karen (Illinois)

Legner, Brett E. (Illinois)

Welsh, Mary E. (Illinois)

Documents in the Clearinghouse

Document

1:05-cv-00544

Docket

Sept. 5, 2007

Sept. 5, 2007

Docket

06-03705

Appellate Docket

U. S. Court of Appeals for the Seventh Circuit

Sept. 6, 2007

Sept. 6, 2007

Docket
5

1:05-cv-00544

Amended Complaint for Declaratory and Injunctive Relief

Feb. 1, 2005

Feb. 1, 2005

Complaint
1

1:05-cv-00544

Complaint

March 31, 2005

March 31, 2005

Complaint
76

1:05-cv-00544

Memorandum Opinion and Order (Granting Defendants' Motion for Summary Judgment)

2006 WL 2735494

Sept. 25, 2006

Sept. 25, 2006

Order/Opinion
77

1:05-cv-00544

Judgment in a Civil Case

Sept. 25, 2006

Sept. 25, 2006

Order/Opinion
85

1:05-cv-00544

USCA Opinion

U. S. Court of Appeals for the Seventh Circuit

495 F.3d 452

Sept. 5, 2007

Sept. 5, 2007

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5423107/bertrand-v-maram/

Last updated Aug. 2, 2022, 3:08 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed by plaintiff Christopher Bertrand for declaratory and injunctive relief; Exhibits. (eav, ) Modified on 11/4/2005 (ym, ). (Entered: 02/01/2005)

Jan. 31, 2005

Jan. 31, 2005

2

CIVIL Cover Sheet (eav, ) (Entered: 02/01/2005)

Jan. 31, 2005

Jan. 31, 2005

3

ATTORNEY Appearance for Plaintiff by Robert Hugh Farley, Jr (eav, ) (Entered: 02/01/2005)

Jan. 31, 2005

Jan. 31, 2005

5

AMENDED complaint by plaintiffs against all defendants for declaratory and injunctive relief (Exhibits).(lcw, Lakisha) Modified on 1/20/2006 (aew, ). (Entered: 02/03/2005)

Feb. 1, 2005

Feb. 1, 2005

6

ATTORNEY Appearance for Defendants Barry S Maram, Carol L Adams, Jerolene Johnson by Christopher Samuel Gange, John E. Huston, Karen Elaine Konieczny (eav, ) (Entered: 02/07/2005)

Feb. 4, 2005

Feb. 4, 2005

7

MOTION by Plaintiffs Frank Patterson, Jr, Christopher Bertrand for leave of court for Thomas G. Morrissey to file an additional appearance (gma, ) (Entered: 02/10/2005)

Feb. 10, 2005

Feb. 10, 2005

8

MOTION by Plaintiffs Frank Patterson, Jr, Christopher Bertrand for class certification; Exhibits. (gma, ) Modified on 1/30/2006 (ym, ). (Entered: 02/10/2005)

Feb. 10, 2005

Feb. 10, 2005

9

NOTICE of Motion by Robert Hugh Farley, Jr for presentment of motion for class certification 8 , motion for leave of court for Thomas G. Morrissey to file an additional appearance 7 before Honorable David H. Coar on 2/16/2005 at 09:00 AM. (gma, ) (Entered: 02/10/2005)

Feb. 10, 2005

Feb. 10, 2005

10

MEMORANDUM OF LAW by Frank Patterson, Jr, Christopher Bertrand in Support of class certification 8 (gma, ) (Entered: 02/10/2005)

Feb. 10, 2005

Feb. 10, 2005

12

MINUTE entry before Judge David H. Coar : Motion hearing held regarding [7 and 8]. Plaintiffs' motion for leave of Court for Thomas G. Morrissey to file an additional appearance is granted. 7 The briefing schedule as to the 8 motion for class certification is as follows: Answer brief due by 3/21/05; Reply brief due by 4/12/05. Motions taken under advisement − ruling will issue by mail. Mailed notice (eav, ) (Entered: 02/25/2005)

Feb. 16, 2005

Feb. 16, 2005

13

MINUTE entry before Judge David H. Coar : Discovery on the class certification is open. Enter agreed order in reference to confidentiality of personal health information of Bertrand and Patterson, Jr. and other documents. Mailed notice (eav, ) (Entered: 02/25/2005)

Feb. 16, 2005

Feb. 16, 2005

14

AGREED ORDER Signed by Judge David H. Coar on 2/16/2005: (eav, ) (Entered: 02/25/2005)

Feb. 16, 2005

Feb. 16, 2005

11

ANSWER and defenses to plaitniffs' amended complaint for declaratory and injunctive relief by Barry S Maram, Carol L Adams, Jerolene Johnson ; Notice of filing(eav, ) (Entered: 02/25/2005)

Feb. 22, 2005

Feb. 22, 2005

15

MOTION by Defendants to set discovery cut−off on class discovery and to enlarge the time to respond to plaintiffs' memorandum of law in support of class certification (gma, ) (Entered: 03/18/2005)

March 17, 2005

March 17, 2005

16

NOTICE of Motion by Karen Elaine Konieczny for presentment of MOTION by Defendants to set discovery cut−off on class discovery and to enlarge the time to respond to plaintiffs' memorandum of law in support of class certification 15 before Honorable David H. Coar on 3/28/2005 at 09:00 AM. (gma, ) (Entered: 03/18/2005)

March 17, 2005

March 17, 2005

17

RESPONSE by plaintiffs to defendants' motion to cut−off discovery and enlarge time to file class brief 15 (eav, ) (Entered: 03/24/2005)

March 22, 2005

March 22, 2005

18

REPLY by defendants to plaintiffs' response to defendants' motions to set discovery cut−off on class discovery and to enlarge the time to respond to plaintiffs' memorandum of law in support of class certification 15 ; Notice of filing (eav, ) (Entered: 03/28/2005)

March 24, 2005

March 24, 2005

19

MINUTE entry before Judge David H. Coar : Motion hearing held on 3/28/05 regarding # 15 . For the reasons stated on the record, the defendant's motion 15 to set discovery and to enlarge the time to respond to plaintiff's memorandum of law in support of class certification is granted to the extend that discvoery on the class certification issues shall close on 4/15/05. The briefing schedule on the plaintiff's motion 8 for class certification is extended as follows: Defendant's answer brief in opposition to the class certification motion shall be filed on or before 5/2/05; Plaintiff's response brief in support of class certification shall be filed on or before 5/17/05. Mailed notice (eav, ) (Entered: 03/28/2005)

March 28, 2005

March 28, 2005

20

MOTION by Plaintiffs Frank Patterson, Jr, Christopher Bertrand for entry of agreed protective order (gma, ) (Entered: 04/08/2005)

April 8, 2005

April 8, 2005

21

NOTICE of Motion by Robert Hugh Farley, Jr for presentment of MOTION by Plaintiffs Frank Patterson, Jr, Christopher Bertrand for entry of agreed protective order 20 before Honorable David H. Coar on 4/14/2005 at 09:00 AM. (gma, ) (Entered: 04/08/2005)

April 8, 2005

April 8, 2005

22

MINUTE entry before Judge David H. Coar : Motion hearing held. Motion for protective order # 20 is granted. Enter protective order in reference to records pertaining to Jason Drzewicki which are in the possession and control of the defendants. The parties are advised to adhere and follow Local Rule 5.8 when filing documents under seal pursuant to this protective order. Further, Local Rule 26.2 (and in particular 26.2(e)) shall apply unless otherwise ordered by this Court. Absent a motion from a party sealed documents will be placed in the public record after closing of the case as stated in L.R. 26.2(e). Enter Protective Order. No notice (eav, ) (Entered: 04/18/2005)

April 14, 2005

April 14, 2005

23

AGREED PROTECTIVE Order Signed by Judge David H. Coar on 4/14/2005:(eav, ) (Entered: 04/18/2005)

April 14, 2005

April 14, 2005

24

MOTION by Plaintiffs Frank Patterson, Jr,and Christopher Bertrand for leave of court to take in excess of ten depositions (las, ) (Entered: 04/22/2005)

April 21, 2005

April 21, 2005

26

MINUTE entry before Judge David H. Coar : Plaintiff's Motion for leave of Court to take in excess of ten depositions 24 is moot as the Standing Order should read 20 and not 10. Motion hearing held on 4/27/2005 regarding motion for miscellaneous relief 24 No− notice (pm, ) (Entered: 05/04/2005)

April 27, 2005

April 27, 2005

27

RESPONSE by Defendants in opposition to plaintiffs' motion for class certification.(gcy, ) (Entered: 05/05/2005)

May 2, 2005

May 2, 2005

28

REPLY by Frank Patterson, Jr, Christopher Bertrandin to defendants response to plaintiffs motion for class certification 8 (eav, ) (Entered: 05/16/2005)

May 12, 2005

May 12, 2005

29

MINUTE entry before Judge David H. Coar : Status hearing held. Rule 16(b) Scheduling Conference set for 7/19/05 at 9:00 a.m. Report of Planning Conference pursuant to Rule 26(f) and Proposed Scheduling Order pursuant to Rule 16(b) to be filed in chambers. (Forms of report of planning conference and proposed scheduling order are available on the Court's web page or in chambers.) Mailed notice (eav, ) (Entered: 06/08/2005)

June 8, 2005

June 8, 2005

31

EXHIBITS by Plaintiffs of materials relief upon in support of summary judgement pursuant to Local Rule 56.1(a)(1) (2 Vols) (eav, ) (Entered: 06/14/2005)

June 8, 2005

June 8, 2005

32

MOTION by Plaintiffs for summary judgment (eav, ) (Entered: 06/14/2005)

June 8, 2005

June 8, 2005

33

MEMORANDUM by plaintiffs of law in Support of motion for summary judgment pursuant to Local Rule 56.1(a)(2) 32 (eav, ) (Entered: 06/14/2005)

June 8, 2005

June 8, 2005

34

STATEMENT OF MATERIAL FACTS PURSUANT TO LOCAL RULE 56 (a)(3) (eav, ) (Entered: 06/14/2005)

June 8, 2005

June 8, 2005

35

NOTICE of Motion by all plaintiffs for presentment of motion for summary judgment 32 before Honorable David H. Coar on 6/14/2005 at 9:00 AM; Notice of filing (eav, ) (Entered: 06/14/2005)

June 8, 2005

June 8, 2005

30

MINUTE entry before Judge David H. Coar : The Court's order of 6/8/2005 is amended and corrected to strike the phrase "Status hearing held". mailed notice (pm, ) Modified on 6/13/2005 (pm, ). (Entered: 06/10/2005)

June 10, 2005

June 10, 2005

Motions Taken Under Advisement: MOTION by Plaintiffs Frank Patterson, Jr, Christopher Bertrand for summary judgment 32 (tlp, ) (Entered: 06/14/2005)

June 14, 2005

June 14, 2005

36

MINUTE entry before Judge David H. Coar : Defendant's answer to plaintiffs' motion for summary judgment is due 7/7/05 32 ; reply due 7/25/05; motion taken under advisement. No notice (eav, ) (Entered: 06/15/2005)

June 14, 2005

June 14, 2005

37

MOTION by Defendants for summary judgment (gma, ) (Entered: 07/07/2005)

July 7, 2005

July 7, 2005

38

NOTICE of Motion by Karen Elaine Konieczny for presentment of MOTION by Defendants for summary judgment 37 before Honorable David H. Coar on 7/19/2005 at 09:00 AM. (gma, ) (Entered: 07/07/2005)

July 7, 2005

July 7, 2005

39

MEMORANDUM OF LAW by Barry S Maram, Carol L Adams, Jerolene Johnson in Support of MOTION by Defendants for summary judgment 37 (gma, ) (Entered: 07/07/2005)

July 7, 2005

July 7, 2005

40

NOTICE by defendants of filing MOTION by Defendants for summary judgment 37 (gma, ) (Entered: 07/07/2005)

July 7, 2005

July 7, 2005

41

LOCAL RULE 56.1(a)(3) STATEMENT by defendants of material facts for thier MOTION for summary judgment (gma, ) (Entered: 07/07/2005)

July 7, 2005

July 7, 2005

42

MOTION by Defendant Barry S Maram to strike certain materials plaintiffs relief on in support of their motion for summary judgment (gma, ) (Entered: 07/07/2005)

July 7, 2005

July 7, 2005

43

NOTICE of Motion by Karen Elaine Konieczny for presentment of MOTION by Defendant Barry S Maram to strike certain materials plaintiffs relief on in support of their motion for summary judgment 42 before Honorable David H. Coar on

July 7, 2005

July 7, 2005

45

NOTICE by defendants of filing MEMORANDUM OF LAW by defendants in support of MOTION by Defendant Barry S Maram to strike certain materials plaintiffs relief on in support of their motion for summary judgment 44 (gma, ) (Entered: 07/07/2005)

July 7, 2005

July 7, 2005

46

EXHIBITS by Defendants and supporting materials pursuant to Local Rule 56.1(a)(1) in support of their motion for summary judgment 37 and pursaunt to Local Rule 56.1(b)(1) in response to plaintiffs' motion for summary judgment(eav, ) (Entered: 07/08/2005)

July 7, 2005

July 7, 2005

47

RESPONSE by Defendants to plaintiffs' statement of material facts (eav, ) (Entered: 07/11/2005)

July 7, 2005

July 7, 2005

48

MEMORANDUM by defendants 32 of law in response to plaintiffs' motion for summary judgment; Notice of filing (eav, ) (Entered: 07/11/2005)

July 7, 2005

July 7, 2005

49

MOTION by Defendant Barry S Maram for leave to amend answer to plaintiffs' amended comaplint pursuant to Fed.R.Civ.P. 15(a) (gma, ) (Entered: 07/14/2005)

July 13, 2005

July 13, 2005

50

NOTICE of Motion by Karen Elaine Konieczny for presentment of MOTION by Defendant Barry S Maram for leave to amend answer to plaintiffs' amended comaplint pursuant to Fed.R.Civ.P. 15(a) 49 before Honorable David H. Coar on 7/19/2005 at 09:00 AM. (gma, ) (Entered: 07/14/2005)

July 13, 2005

July 13, 2005

51

NOTICE by Barry S Maram of filing MOTION by Defendant Barry S Maram for leave to amend answer to plaintiffs' amended comaplint pursuant to Fed.R.Civ.P. 15(a) 49 (gma, ) (Entered: 07/14/2005)

July 13, 2005

July 13, 2005

52

MINUTE entry before Judge David H. Coar : Motion hearing held on 7/19/2005 regarding motion to amend/correct 49 , motion for summary judgment 37 , motion to strike 42 . Defendant's Motion to amend answer and defenses to plaintiffs' amended complaint 49 is granted. Set deadlines as to Defendant's motion for summary judgment 37 : Responses due by 7/29/2005; Replies due by 8/12/2005. As to Motion to strike, the plaintiff is given to 7/29/205 to file a brief response. MOTION for summary judgment 37 is taken under advisement, Motion to strike 42 is taken under advisement. Mailed notice (pm, ) (Entered: 07/19/2005)

July 19, 2005

July 19, 2005

53

MINUTE entry before Judge David H. Coar : The Rule 16(b) scheduling conference scheduled for 7/19/2005 is held in abeyance until further order of court. no notice advised in open court. (pm, ) (Entered: 07/19/2005)

July 19, 2005

July 19, 2005

54

AMENDED Answer and defenses by Defendants Barry S Maram, Carol L Adams, Jerolene Johnson to plaintiffs' amended complaint for declaratory and injunctive relief; Notice of filing (eav, ) (Entered: 07/22/2005)

July 20, 2005

July 20, 2005

55

REPLY by Plaintiffs Frank Patterson, Jr, Christopher Bertrand to defendants response to plaitniffs motion for summary judgment (eav, ) (Entered: 07/27/2005)

July 25, 2005

July 25, 2005

56

RESPONSE by plaintiffs to defendants motion to strike certain materials plaintiffs relied upon in support of plaintiffs motion for summary judgment 42 (Attachments) (eav, ) (Entered: 07/27/2005)

July 25, 2005

July 25, 2005

58

MEMORANDUM by Frank Patterson, Jr, Christopher Bertrand of law in response to defendants' motion for summary judgment 37 (eav, ) (Entered: 07/29/2005)

July 27, 2005

July 27, 2005

59

RESPONSE by Plaintiffs Frank Patterson, Jr, Christopher Bertrand to defendants' statement of material facts pursuant to Local Rule 56.1(b)(3)(A) 34 and Plaintiffs' Statement of Additional Facts pursuant to Local Rule 56.1(b)(3)(B) (eav, ) (Entered: 07/29/2005)

July 27, 2005

July 27, 2005

60

REPLY Memorandum in Support of Defendants' Motion for Summary Judgment (Konieczny, Karen) (Entered: 08/12/2005)

Aug. 12, 2005

Aug. 12, 2005

62

RESPONSE by Defendants to plaintiffs' statement of additional facts and exhibit in response to plaintiffs' statement of additional facts (Attachments); Notice of filing (eav, ) (Entered: 08/16/2005)

Aug. 12, 2005

Aug. 12, 2005

63

MOTION by Defendants Barry S Maram, Carol L Adams, Jerolene Johnson to supplement Summary Judgment Memoranda with Additional Authority (Huston, John) (Entered: 11/02/2005)

Nov. 2, 2005

Nov. 2, 2005

64

NOTICE of Motion by John E. Huston for presentment of motion to supplement 63 before Honorable David H. Coar on 11/8/2005 at 09:00 AM. (Huston, John) (Entered: 11/02/2005)

Nov. 2, 2005

Nov. 2, 2005

65

RESPONSE To Defendants' Motion To Cite Additional Authority On Summary Judgment (Farley, Robert) (Entered: 11/03/2005)

Nov. 3, 2005

Nov. 3, 2005

66

MINUTE entry before Judge David H. Coar : Motion hearing held on 11/7/05 regarding 63 . Defendants' Motion to Cite Additional Authority on summary judgment is granted, and the Court will take into consideration the additional authority.` (lcw, ) (Entered: 12/07/2005)

Nov. 7, 2005

Nov. 7, 2005

68

EXECUTIVE COMMITTEE ORDER: Case reassigned to Judge Virginia M. Kendall for all further proceedings. Signed by Executive Committee on 1/23/06. Mailed notice(cem, ) (Entered: 01/26/2006)

Jan. 23, 2006

Jan. 23, 2006

67

MINUTE entry before Judge Virginia M. Kendall : Initial status hearing set for 2/7/06 at 9:30 a.m. before Judge Kendall in Courtroom 1719. By 2/1/06, counsel are directed to confer, prepare, and file a Joint Status Report as directed in the Order Requiring Status Report and Setting Status Hearing for Newly Assigned Cases to the Calendar of Judge Kendall. Mailed notice (gmr, ) (Entered: 01/25/2006)

Jan. 24, 2006

Jan. 24, 2006

69

STATUS Report JOINT by Christopher Bertrand (Farley, Robert) (Entered: 01/31/2006)

Jan. 31, 2006

Jan. 31, 2006

70

MINUTE entry before Judge Virginia M. Kendall : Status hearing held on 2/7/2006. Ruling on pending motion(s) will be by mail. Mailed notice (gmr, ) (Entered: 02/07/2006)

Feb. 7, 2006

Feb. 7, 2006

71

MOTION by Defendant Barry S MaramDefendants' Motion to Cite Additional Authority on Summary Judgment (Huston, John) (Entered: 07/19/2006)

July 19, 2006

July 19, 2006

72

NOTICE of Motion by John E. Huston for presentment of motion for miscellaneous relief 71 before Honorable Virginia M. Kendall on 7/25/2006 at 09:00 AM. (Huston, John) (Entered: 07/19/2006)

July 19, 2006

July 19, 2006

73

RESPONSE by Plaintiffs' to Defendants' Motion To Cite Additional Authority On Summary Judgment (Farley, Robert) (Entered: 07/20/2006)

July 20, 2006

July 20, 2006

74

MINUTE entry before Judge Virginia M. Kendall : Motion to cite additional authority on summary judgment 71 is granted. The presentment date of 7/25/06 for said motion is stricken. Mailed notice (gmr, ) (Entered: 07/24/2006)

July 24, 2006

July 24, 2006

75

MINUTE entry before Judge Virginia M. Kendall : For the reasons set out in the Memorandum Opinion and Order, Defendants' Motion for Summary Judgment 37 is granted and Plaintiffs' Motion for Summary Judgment 32 is denied. Defendants' Motion to Strike Certain Exhibits 42 is denied. Plaintiffs' Motion for Class Certification 8 is denied as moot. The Court enters judgment in favor of Defendants Barry S. Maram, Carol L. Adams, and Jerolene Johnson and against Plaintiffs Christopher Bertrand and Frank Patterson, Jr. Mailed notice (gmr, ) (Entered: 09/25/2006)

Sept. 25, 2006

Sept. 25, 2006

78

NOTICE of appeal by Frank Patterson, Jr, Christopher Bertrand regarding orders 75 , 76 , 77 ; Filing fee $455.00 paid; Receipt number 10719473. (cdh, ) (Entered: 10/10/2006)

Oct. 6, 2006

Oct. 6, 2006

79

DOCKETING Statement by Frank Patterson, Jr, Christopher Bertrand regarding notice of appeal 78 . (cdh, ) (Entered: 10/10/2006)

Oct. 6, 2006

Oct. 6, 2006

80

TRANSMITTED to the 7th Circuit the short record on notice of appeal 78 . Notified counsel (cdh, ) (Entered: 10/10/2006)

Oct. 10, 2006

Oct. 10, 2006

81

ACKNOWLEDGEMENT of receipt of short record on appeal regarding notice of appeal 78 ; USCA Case No. 06−3705. (gej, ) (Entered: 10/13/2006)

Oct. 11, 2006

Oct. 11, 2006

82

SEVENTH CIRCUIT transcript information sheet by Christopher Bertrand. (td, ) (Entered: 10/24/2006)

Oct. 19, 2006

Oct. 19, 2006

83

TRANSMITTED to the USCA for the 7th Circuit the long record on appeal 78 (USCA no. 06−3705) consisting of two volumes of pleadings and three exhibits. (cdh, ) (Entered: 11/02/2006)

Nov. 2, 2006

Nov. 2, 2006

84

USCA RECEIVED on 11/2/06 the long record regarding notice of appeal 78 . (cdh, ) (Entered: 11/06/2006)

Nov. 6, 2006

Nov. 6, 2006

85

OPINION from the USCA for the 7th Circuit; Argued 5/3/07; Decided 7/24/07 in USCA case no. 06−3705. (lcw, ) (Entered: 09/07/2007)

Sept. 5, 2007

Sept. 5, 2007

86

LETTER from the Seventh Circuit returning the record on appeal in USCA no. 06−3705 consisting of two volumes of pleadings and three volume of exhibits. (Previously Misplaced Document) (lcw, ) Modified on 10/15/2007 (lcw, ). (Entered: 10/15/2007)

Sept. 5, 2007

Sept. 5, 2007

87

MANDATE of USCA dated 7/24/07 regarding notice of appeal 78 ; USCA No. 06−3705; The judgment of the District Court is Affirmed, with costs, in accordance with the decision of this court entered on this date. (Previously Misplaced Document) (lcw, ) (Entered: 10/15/2007)

Sept. 5, 2007

Sept. 5, 2007

76

MEMORANDUM Opinion and Order Signed by Judge Virginia M. Kendall on 9/25/2006:Mailed notice(gmr, )

Sept. 25, 2006

Sept. 25, 2006

RECAP

Case Details

State / Territory: Illinois

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Jan. 31, 2005

Closing Date: 2007

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Two developmentally disabled adults, representing the class of all developmentally disabled adults who were Illinois Medicaid HCBS waiver recipients and who sought additional funding for services through the program.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

Illinois, State

Case Details

Causes of Action:

42 U.S.C. § 1983

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

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

General:

Confinement/isolation

Deinstitutionalization/decarceration

Habilitation (training/treatment)

Individualized planning

Public benefits (includes, e.g., in-state tuition, govt. jobs)

Reassessment and care planning

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

Least restrictive environment

Mental impairment

Type of Facility:

Government-run

Benefit Source:

Medicaid