Case: Day v. District of Columbia

1:10-cv-02250 | U.S. District Court for the District of Columbia

Filed Date: Dec. 23, 2010

Case Ongoing

Clearinghouse coding complete

Case Summary

The plaintiffs, institutionalized individuals in the District of Columbia with disabilities, filed this lawsuit in the U.S. District Court for the District of Columbia on December 23, 2010. The complaint alleged that the District of Columbia has policies and procedures that force the unnecessary institutionalization of people with disabilities who could live in the community with appropriate services. The plaintiffs claimed that these policies, which erect barriers to receiving long-term care a…

The plaintiffs, institutionalized individuals in the District of Columbia with disabilities, filed this lawsuit in the U.S. District Court for the District of Columbia on December 23, 2010. The complaint alleged that the District of Columbia has policies and procedures that force the unnecessary institutionalization of people with disabilities who could live in the community with appropriate services. The plaintiffs claimed that these policies, which erect barriers to receiving long-term care and arbitrarily restrict the availability of community-based services, violate the Americans with Disabilities Act's integration mandate (under the precedent of Olmstead v. L.C.) and Section 504 of the Rehabilitation Act of 1973. The plaintiffs filed this complaint in response to the failure of D.C. to develop and implement a working Olmstead plan.

On April 27, 2011, the defendants filed a motion to dismiss or, in the alternative, for summary judgment. The defendants claimed that D.C.'s policies were adequate to prevent unnecessary institutionalization and that none of the plaintiffs had demonstrated that his or her institutionalization was a result of the District's policies or that he or she could live in the community. The United States (Department of Justice) filed a brief siding with the plaintiffs on October 3, 2011.

On February 14, 2010, Judge Ellen Segal Huvelle issued an opinion denying, for the most part, the defendant's summary judgment motion. Judge Huvelle agreed to dismiss the individual defendant officials from the case, noting that the claims against them were duplicative of those against the District. But, Judge Huvelle denied the defendants' motion on the substantive claims, finding that the District had no effective plan in place to prevent unnecessary institutionalization. In April 2012, the District of Columbia announced a new Olmstead community integration plan.

In March of 2013, the plaintiffs filed their third amended complaint without the named parties. The defendants immediately filed a motion to dismiss. On March 28, 2013, Judge Huvelle granted the plaintiff's class certification as well as denied defendant's motion to dismiss. This prompted renewed litigation in conjunction, including a request for interlocutory appeal on the class certification. The defendants also filed a motion to stay pending the request for interlocutory appeal, and this motion was ultimately denied.

In September of 2015, following months of discovery, the plaintiffs filed a fourth amended complaint, and the defendants filed a final motion to dismiss. This motion was again denied.

After trial before Judge Huvelle, the defendants moved for judgment as a matter of law on October 6, 2016. On September 13, 2017, however, Judge Huvelle found that plaintiffs had failed to demonstrate the existence of a concrete, systemic failure that entitled them to class-wide relief and dismissed their class-wide claims. More specifically, Judge Huvelle found that there were both systemic and individualized barriers to transitioning that were beyond the control of the defendants, so a single injunction could not remedy the plaintiffs’ institutionalization.

As the plaintiffs had not sought individual relief, Judge Huvelle entered judgment for the defendants and denied the defendants' motion for judgment as a matter of law as moot.

On October 18, 2017, the plaintiffs appealed Judge Huvelle's decision to the U.S. Court of Appeals for the District of Columbia. On July 5, 2019, a D.C. Circuit panel composed of Judges Karen L. Henderson and Robert L. Wilkins with Senior District Judge Harry T. Edwards reversed and remanded Judge Huvelle's decision. They stated that the state has the burden of proof in showing that the access plans it has in place are sufficient under Olmstead, and that the District Court erred when it focused on the sufficiency of the plaintiff's complaint, not the robustness of the State's plan. 928 F.3d 1070.

The case returned to the District Court for further proceedings; discovery is ongoing.

Summary Authors

Beth Kurtz (2/8/2013)

Megan Brown (10/27/2016)

Eva Richardson (11/3/2018)

Ellen Aldin (6/7/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4211115/parties/brown-v-district-of-columbia/


Judge(s)

Henderson, Karen LeCraft (District of Columbia)

Huvelle, Ellen Segal (District of Columbia)

Kay, Alan (District of Columbia)

Urbina, Ricardo M. (District of Columbia)

Wilkins, Robert Leon (District of Columbia)

Attorneys(s) for Plaintiff

Andersen, Alison L. (District of Columbia)

Awkard, Veronica G (Maryland)

Bagby, Kelly R. (District of Columbia)

Canan, Stacy (District of Columbia)

Gadd, Martha Geron (District of Columbia)

Judge(s)

Henderson, Karen LeCraft (District of Columbia)

Huvelle, Ellen Segal (District of Columbia)

Kay, Alan (District of Columbia)

Urbina, Ricardo M. (District of Columbia)

Wilkins, Robert Leon (District of Columbia)

Attorneys(s) for Plaintiff

Andersen, Alison L. (District of Columbia)

Awkard, Veronica G (Maryland)

Bagby, Kelly R. (District of Columbia)

Canan, Stacy (District of Columbia)

Gadd, Martha Geron (District of Columbia)

Gluckman, Todd A. (District of Columbia)

Gyamfi, Maame (District of Columbia)

Hoenig, Andrew Stewart (District of Columbia)

Huang, Michael L (District of Columbia)

Lav, Jennifer Rachel (District of Columbia)

McQuinn, Urenthea (District of Columbia)

Millian, Kathleen (District of Columbia)

Niles, Lyndsay Ayanna (District of Columbia)

Rifkin, Marjorie Lynn (District of Columbia)

Schneider, Brian D. (District of Columbia)

Sheldon, Patrick A. (District of Columbia)

Strickland, Andrew B. (North Carolina)

Thomas, Victoria L (District of Columbia)

Vignery, Bruce (District of Columbia)

Wahl, Barbara S. (District of Columbia)

Attorneys(s) for Defendant

Baker, Melissa Lael (District of Columbia)

Bonds, Lorry Bluitt (District of Columbia)

Burkett, B William (District of Columbia)

Copeland, Chad Wayne (District of Columbia)

DeBerardinis, Robert A. Jr. (District of Columbia)

Disney, Pamela (District of Columbia)

Efros, Ellen A. (District of Columbia)

Graham, Grace (District of Columbia)

Jackson, David A (District of Columbia)

JOnes, Shermineh C. (District of Columbia)

Kennedy, Scott Patrick (District of Columbia)

Montee, Amanda (District of Columbia)

Naso, Chad Alan (District of Columbia)

Nathan, Irvin B (District of Columbia)

Patrick, Bradford Collins (New York)

Risher, Conrad Z. (District of Columbia)

Sulkowski, Sarah Ann (District of Columbia)

Valentine, George C. (District of Columbia)

Other Attorney(s)

Barkoff, Alison (District of Columbia)

Contreras, Rudolph (District of Columbia)

Hair, Christopher Charles (District of Columbia)

Machen, Ronald C (District of Columbia)

Nichol, Allison (District of Columbia)

Perez, Thomas E. (District of Columbia)

Rosen, David Adam (District of Columbia)

Rush, Regan (District of Columbia)

Welan, Joy Levin (District of Columbia)

Wohlenhaus, Renee M. (District of Columbia)

Wolfe, Kathleen P. (District of Columbia)

Expert/Monitor/Master

Gonzalez, Iris Y. (District of Columbia)

Hyden, David A. (District of Columbia)

Majewski, Kristina (District of Columbia)

Documents in the Clearinghouse

Document

Docket [PACER]

Brown v. District of Columbia

June 5, 2020 Docket
1

Class Action Complaint for Declaratory and Injunctive Relief

Dec. 23, 2010 Complaint
17

First Amended Class Action Complaint for Declaratory and injunctive Relief

March 30, 2011 Complaint
19

Defendants' Motion to Dismiss

April 27, 2011 Pleading / Motion / Brief
28

Plaintiffs' Opposition to Defendants' Motion to Dismiss

Sept. 1, 2011 Pleading / Motion / Brief
32

Statement of interest of the United States of America

Oct. 3, 2011 Pleading / Motion / Brief
41

Memorandum Opinion

894 F.Supp.2d 1

Feb. 14, 2012 Order/Opinion
42

Order [Granting in Part and Denying in Part Motion to Dismiss]

Feb. 14, 2012 Order/Opinion
46

Second Amended Complaint

April 2, 2012 Complaint
48

Notice of Filing of Olmstead Community Integration Initiative

April 6, 2012 Notice Letter

Resources

Title Description External URL

The Caged Canary

Elizabeth Alexander

The United States has experienced an explosion in the number of people in prison, an explosion that cannot be attributed to changes in the crime rate, but rather reflects changes in public policy, pa… Dec. 1, 2008 http://scholarship.law.wm.edu/...

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4211115/brown-v-district-of-columbia/

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT against STEPHEN BARON, DISTRICT OF COLUMBIA, ADRIAN M. FENTY, JULIE A. HUDMAN ( Filing fee $ 350, receipt number 4616035159) filed by BONITA JACKSON, LARRY MCDONALD, EDWARD DAY, VIETRESS BACON. (Attachments: # 1 Civil Cover Sheet)(rdj) (Entered: 12/23/2010)

1 Civil Cover Sheet

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Dec. 23, 2010 RECAP

Summons (4) Issued as to STEPHEN BARON, DISTRICT OF COLUMBIA, ADRIAN M. FENTY, JULIE A. HUDMAN. (rdj)

Dec. 23, 2010 PACER
2

NOTICE of Appearance by Melissa Lael Baker on behalf of All Defendants (Baker, Melissa) (Entered: 01/21/2011)

Jan. 21, 2011 PACER
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MOTION for Extension of Time to File Answer by STEPHEN BARON, DISTRICT OF COLUMBIA, ADRIAN M. FENTY, JULIE A. HUDMAN (Baker, Melissa) (Entered: 01/21/2011)

Jan. 21, 2011 PACER

MINUTE ORDER granting 3 Consent Motion for Extension of Time to Answer: it is hereby ORDERED that defendants' Answer is due by 3/26/2011. Signed by Judge Ellen S. Huvelle on January 24, 2011. (AG)

Jan. 24, 2011 PACER
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NOTICE of Appearance by Sarah Ann Sulkowski on behalf of All Defendants (Sulkowski, Sarah) (Entered: 01/25/2011)

Jan. 25, 2011 PACER
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ENTERED IN ERROR.....NOTICE of Appearance by Brian D. Schneider on behalf of All Plaintiffs (Schneider, Brian) Modified on 1/31/2011 (jf, ). (Entered: 01/28/2011)

Jan. 28, 2011 PACER

NOTICE OF CORRECTED DOCKET ENTRY: Document No. re 5 Notice of Appearance was entered in error and counsel was instructed to refile said pleading. (Counsel should review LCvR(b) OBTAINING AND USING ELECTRONIC FILING PASSWORD; SIGNATURE; CONSENT TO SERVICE BY ELECTRONIC MEANS (1) An attorney must obtain a CM/ECF password from the Clerk in order to file documents with the Court or to receive copies of opinions and orders) (jf, )

Jan. 31, 2011 PACER
6

NOTICE of Appearance by Jennifer Rachel Lav on behalf of All Plaintiffs (Lav, Jennifer) (Entered: 01/31/2011)

Jan. 31, 2011 PACER
7

NOTICE of Appearance by Marjorie Lynn Rifkin on behalf of All Plaintiffs (Rifkin, Marjorie) (Entered: 01/31/2011)

Jan. 31, 2011 PACER
8

NOTICE OF RELATED CASE by All Defendants. Case related to Case No. 74-cv-285. (Baker, Melissa) Modified on 2/1/2011 to correct misidentified related case. (jf, ). (Entered: 01/31/2011)

Jan. 31, 2011 PACER
9

ERRATA Notice of Related Case by STEPHEN BARON, DISTRICT OF COLUMBIA, ADRIAN M. FENTY, JULIE A. HUDMAN 8 Notice of Related Case filed by JULIE A. HUDMAN, STEPHEN BARON, ADRIAN M. FENTY, DISTRICT OF COLUMBIA. (Baker, Melissa) (Entered: 02/01/2011)

Feb. 1, 2011 PACER
10

NOTICE of Appearance by Bruce B. Vignery on behalf of VIETRESS BACON, EDWARD DAY, BONITA JACKSON, LARRY MCDONALD (Vignery, Bruce) (Entered: 02/01/2011)

Feb. 1, 2011 PACER
11

NOTICE of Appearance by Barbara S. Wahl on behalf of All Plaintiffs (Wahl, Barbara) (Entered: 02/04/2011)

Feb. 4, 2011 PACER
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RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. STEPHEN BARON served on 1/19/2011; DISTRICT OF COLUMBIA served on 12/28/2010; ADRIAN M. FENTY served on 12/28/2010; JULIE A. HUDMAN served on 12/27/2010. (znmw, ) (Entered: 02/08/2011)

Feb. 7, 2011 PACER
13

RESPONSE re 8 Notice of Related Case Objection to Defendants' Notice filed by VIETRESS BACON, EDWARD DAY, BONITA JACKSON, LARRY MCDONALD. (Lav, Jennifer) (Entered: 02/10/2011)

Feb. 10, 2011 PACER
14

REPLY re 8 Notice of Related Case filed by DISTRICT OF COLUMBIA. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Sulkowski, Sarah) (Entered: 02/15/2011)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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Feb. 15, 2011 PACER

MINUTE ORDER re 8 Notice of Related Case filed by JULIE A. HUDMAN, STEPHEN BARON, ADRIAN M. FENTY, DISTRICT OF COLUMBIA: Upon consideration of defendants' Notice of Related Case, plaintiffs' response thereto, and defendants' reply, and after consultation with Judge Hogan, the Court concludes that the above-captioned matter is not related to Dixon v. Fenty, Case No. 74-cv-285. Signed by Judge Ellen S. Huvelle on February 16, 2011. (AG)

Feb. 16, 2011 PACER
15

Joint MOTION for Extension of Time to Extend Deadlines by VIETRESS BACON, EDWARD DAY, BONITA JACKSON, LARRY MCDONALD (Attachments: # 1 Text of Proposed Order)(Schneider, Brian) (Entered: 03/09/2011)

1 Text of Proposed Order

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March 9, 2011 PACER

MINUTE ORDER granting 15 Joint Motion for Extension of Time: Upon review of the Joint Motion for Extension of Time dated March 9, 2011, it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that the following deadlines will apply: (1) Plaintiffs will file an Amended Complaint by March 30, 2011; (2) Defendants will file a response to the Amended Complaint by April 20, 2011; and (3) Plaintiffs will file a motion for class certification by April 28, 2011. Signed by Judge Ellen S. Huvelle on March 9, 2011. (AG)

March 9, 2011 PACER

Set/Reset Deadlines: Plaintiffs will file an Amended Complaint by 3/30/2011, Defendants will file a response to the Amended Complaint by 4/20/2011, and Plaintiffs will file a Motion for class certification by 4/28/2011. (jth)

March 10, 2011 PACER
16

NOTICE of Appearance by Kelly R. Bagby on behalf of All Plaintiffs (Bagby, Kelly) (Entered: 03/28/2011)

March 28, 2011 PACER
17

FIRST AMENDED COMPLAINT against STEPHEN BARON, DISTRICT OF COLUMBIA, VINCENT C. GRAY, WAYNE M. TURNAGE filed by BONITA JACKSON, LARRY MCDONALD, EDWARD DAY, VIETRESS BACON, ROY FOREMAN.(znmw, ) (Entered: 03/30/2011)

March 30, 2011 PACER
18

Joint MOTION for Extension of Time to and to Set Briefing Schedule by VIETRESS BACON, STEPHEN BARON, EDWARD DAY, DISTRICT OF COLUMBIA, ROY FOREMAN, VINCENT C. GRAY, BONITA JACKSON, LARRY MCDONALD, WAYNE M. TURNAGE (Baker, Melissa) (Entered: 04/18/2011)

April 18, 2011 PACER

MINUTE ORDER granting in part and denying in part 18 Motion for Extension of Time: it is hereby ORDERED that defendants' response to the Amended Complaint is due by April 27, 2011; it is further ORDERED that a Status Conference is set for 4/29/2011 at 11:00 AM in Courtroom 23A before Judge Ellen S. Huvelle; and it is further ORDERED that the remainder of the briefing schedule will be addressed at the Status Conference on 4/29/2011. Signed by Judge Ellen S. Huvelle on April 18, 2011.(AG)

April 18, 2011 PACER
19

MOTION for Summary Judgment, MOTION to Dismiss by STEPHEN BARON, DISTRICT OF COLUMBIA, VINCENT C. GRAY, WAYNE M. TURNAGE (Attachments: # 1 Affidavit, # 2 Affidavit, # 3 Affidavit, # 4 Exhibit, # 5 Declaration, # 6 Affidavit, # 7 Exhibit, # 8 Exhibit)(Baker, Melissa) (Entered: 04/27/2011)

1 Affidavit

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2 Affidavit

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3 Affidavit

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4 Exhibit

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5 Declaration

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6 Affidavit

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7 Exhibit

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8 Exhibit

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April 27, 2011 PACER

Minute Entry for proceedings held before Judge Ellen S. Huvelle: Status Conference held on 4/29/2011. Discovery Plan due by 5/13/2011, Discovery completed by 7/1/2011, Response to motion for summary judgment and cross motion due by 8/1/2011, Reply to motion for summary judgment and response to cross motion due by 9/1/2011. (Court Reporter Bryan Wayne) (gdf)

April 29, 2011 PACER

MINUTE ORDER: As discussed during today's status conference, it is hereby ORDERED that plaintiffs are excused from filing a motion for class certification as provided by the Local Rules; it is further ORDERED that plaintiffs shall not file a motion for class certification until the Court orders them to do so; it is further ORDERED that the parties shall file a discovery plan by May 13, 2011; it is further ORDERED that discovery related to defendants' motion for summary judgment shall be completed by July 1, 2011; it is further ORDERED that plaintiffs shall file their opposition to defendants' motion to dismiss or for summary judgment and any cross-motion for summary judgment by August 1, 2011; and it is further ORDERED that defendants shall file their reply and opposition to any cross-motion by September 1, 2011. Signed by Judge Ellen S. Huvelle on April 29, 2011. (AG)

April 29, 2011 PACER
20

RESPONSE TO ORDER OF THE COURT re Order,,, Joint Discovery Plan filed by VIETRESS BACON, STEPHEN BARON, EDWARD DAY, DISTRICT OF COLUMBIA, ADRIAN M. FENTY, ROY FOREMAN, VINCENT C. GRAY, JULIE A. HUDMAN, BONITA JACKSON, LARRY MCDONALD, WAYNE M. TURNAGE. (Lav, Jennifer) (Entered: 05/05/2011)

May 5, 2011 PACER

MINUTE ORDER re 20 Joint Discovery Plan: it is hereby ORDERED that the Joint Discovery Plan is approved and adopted. Signed by Judge Ellen S. Huvelle on May 6, 2011. (AG)

May 6, 2011 PACER
21

NOTICE OF WITHDRAWAL OF APPEARANCE as to STEPHEN BARON, DISTRICT OF COLUMBIA, ADRIAN M. FENTY, VINCENT C. GRAY, JULIE A. HUDMAN, WAYNE M. TURNAGE. Attorney Sarah Ann Sulkowski terminated. (Sulkowski, Sarah) (Entered: 05/13/2011)

May 13, 2011 PACER
22

TRANSCRIPT OF PROCEEDINGS before Judge Ellen S. Huvelle held on 4/29/11; Page Numbers: 1 - 34. Date of Issuance:6/1/11. Court Reporter/Transcriber Bryan A. Wayne, Telephone number 202-354-3186, Court Reporter Email Address : bryanawayne@yahoo.com.<P></P>For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.<P>NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at ww.dcd.uscourts.gov.<P></P> Redaction Request due 6/22/2011. Redacted Transcript Deadline set for 7/2/2011. Release of Transcript Restriction set for 8/30/2011.(Wayne, Bryan) (Entered: 06/01/2011)

June 1, 2011 PACER
23

WITHDRAWN PURSUANT TO NOTICE FILED 6/15/2011..... MOTION for Extension of Time to Complete Discovery pursuant to Fed. R. Civ. P. 56 by STEPHEN BARON, DISTRICT OF COLUMBIA, VINCENT C. GRAY, WAYNE M. TURNAGE (Baker, Melissa) Modified on 6/16/2011 (znmw, ). (Entered: 06/01/2011)

June 1, 2011 PACER
24

STATUS REPORT to revise the joint discovery plan by VIETRESS BACON, STEPHEN BARON, EDWARD DAY, DISTRICT OF COLUMBIA, ROY FOREMAN, VINCENT C. GRAY, BONITA JACKSON, LARRY MCDONALD, WAYNE M. TURNAGE (Baker, Melissa) Modified event title on 6/16/2011 (znmw, ). (Entered: 06/15/2011)

June 15, 2011 PACER
25

NOTICE OF WITHDRAWAL OF MOTION by STEPHEN BARON, DISTRICT OF COLUMBIA, VINCENT C. GRAY, WAYNE M. TURNAGE re 23 MOTION for Extension of Time to Complete Discovery pursuant to Fed. R. Civ. P. 56 (Baker, Melissa) (Entered: 06/15/2011)

June 15, 2011 PACER

MINUTE ORDER granting 24 Joint Motion for Revised Joint Discovery Plan Related to Plaintiffs' Response to Defendants' Motion for Summary Judgment and the entire record herein, it is hereby ORDERED that the Revised Joint Discovery Plan hereby is, approved and adopted, as follows: Discovery will be completed by August 1, 2011; Plaintiffs' Opposition to Defendants' Motion to Dismiss and any Cross-Motion for Summary Judgment is due by September 1, 2011; Defendants' Reply, if any, is due by 9/22/2011. Signed by Judge Ellen S. Huvelle on June 16, 2011. (AG)

June 16, 2011 PACER

Set/Reset Deadlines: Discovery due by 8/1/2011. (AG, )

June 16, 2011 PACER
26

NOTICE of Appearance by Victoria L. Thomas on behalf of All Plaintiffs (Thomas, Victoria) (Entered: 06/17/2011)

June 17, 2011 PACER
27

NOTICE of Appearance by Bradford Collins Patrick on behalf of STEPHEN BARON, DISTRICT OF COLUMBIA, VINCENT C. GRAY, WAYNE M. TURNAGE (Patrick, Bradford) (Entered: 06/20/2011)

June 20, 2011 PACER
28

Memorandum in opposition to re 19 MOTION for Summary Judgment MOTION to Dismiss filed by VIETRESS BACON, EDWARD DAY, ROY FOREMAN, BONITA JACKSON, LARRY MCDONALD. (Attachments: # 1 Statement of Facts, # 2 Text of Proposed Order, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F, # 9 Exhibit G, # 10 Exhibit H, # 11 Exhibit I, # 12 Exhibit J, # 13 Exhibit K, # 14 Exhibit L, # 15 Exhibit M)(Schneider, Brian) (Entered: 09/01/2011)

1 Statement of Facts

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2 Text of Proposed Order

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3 Exhibit A

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4 Exhibit B

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5 Exhibit C

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6 Exhibit D

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7 Exhibit E

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8 Exhibit F

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10 Exhibit H

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11 Exhibit I

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12 Exhibit J

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13 Exhibit K

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14 Exhibit L

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15 Exhibit M

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Sept. 1, 2011 PACER
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Consent MOTION for Extension of Time to File Response/Reply as to 19 MOTION for Summary Judgment MOTION to Dismiss by STEPHEN BARON, DISTRICT OF COLUMBIA, VINCENT C. GRAY, WAYNE M. TURNAGE (Patrick, Bradford) (Entered: 09/19/2011)

Sept. 19, 2011 PACER

MINUTE ORDER granting 29 Consent Motion for Extension of Time to File Reply re 19 MOTION for Summary Judgment and/or MOTION to Dismiss: Upon consideration of Defendants' consent motion to enlarge the time to file a Reply in further support of their Motion to Dismiss the Complaint or, in the Alternative, for Summary Judgment (Docket No. 19), it is hereby ORDERED that Defendants shall file a Reply on or before October 3, 2011. Signed by Judge Ellen S. Huvelle on September 20, 2011. (AG)

Sept. 20, 2011 PACER
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REPLY to opposition to motion re 19 MOTION for Summary Judgment MOTION to Dismiss filed by STEPHEN BARON, DISTRICT OF COLUMBIA, VINCENT C. GRAY, WAYNE M. TURNAGE. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit)(Baker, Melissa) (Entered: 10/03/2011)

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Oct. 3, 2011 PACER
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NOTICE Regarding the Statement of Interest Filed by the United States by STEPHEN BARON, DISTRICT OF COLUMBIA, VINCENT C. GRAY, WAYNE M. TURNAGE (Baker, Melissa) (Entered: 10/03/2011)

Oct. 3, 2011 PACER
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NOTICE of Statement of Interest by UNITED STATES OF AMERICA re 28 Memorandum in Opposition, 19 MOTION for Summary Judgment MOTION to Dismiss (Attachments: # 1 Exhibit AA, # 2 Exhibit BB, # 3 Exhibit CC, # 4 Exhibit DD)(znmw, ) (Entered: 10/03/2011)

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Oct. 3, 2011 PACER
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MOTION to Strike 32 Notice (Other) by STEPHEN BARON, DISTRICT OF COLUMBIA, VINCENT C. GRAY, WAYNE M. TURNAGE (Baker, Melissa) (Entered: 10/07/2011)

Oct. 7, 2011 PACER
34

Consent MOTION for Leave to File A Memorandum in Opposition to the Defendants Motion to Strike the United States Statement of Interest (ECF No. 33) by UNITED STATES OF AMERICA (Welan, Joy) (Entered: 10/19/2011)

Oct. 19, 2011 PACER

MINUTE ORDER granting 34 Consent Motion for Leave to File: Upon consideration of the Consent Motion of the United States for Leave to File a Memorandum in Opposition to the Defendants' Motion to Strike the United States' Statement of Interest (ECF No. 33), and the entire record, it is hereby ORDERED that the United States' Consent Motion for Leave to File a Memorandum in Opposition to the Defendants' Motion to Strike the United States' Statement of Interest is hereby GRANTED; and it is FURTHER ORDERED that the United States shall file its opposition on or before October 24, 2011.Signed by Judge Ellen S. Huvelle on October 19, 2011. (AG)

Oct. 19, 2011 PACER

Set/Reset Deadlines: Response due by 10/24/2011 (gdf)

Oct. 24, 2011 PACER
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Memorandum in opposition to re 33 MOTION to Strike 32 Notice (Other) filed by VIETRESS BACON, EDWARD DAY, ROY FOREMAN, BONITA JACKSON, LARRY MCDONALD. (Attachments: # 1 Text of Proposed Order)(Schneider, Brian) (Entered: 10/24/2011)

1 Text of Proposed Order

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Oct. 24, 2011 PACER
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Memorandum in opposition to re 33 MOTION to Strike 32 Notice (Other) Statement of Interest filed by UNITED STATES OF AMERICA. (Attachments: # 1 Text of Proposed Order)(Welan, Joy) (Entered: 10/24/2011)

1 Text of Proposed Order

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Oct. 24, 2011 PACER
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MOTION for Leave to File Motion for Class Certification by VIETRESS BACON, EDWARD DAY, ROY FOREMAN, BONITA JACKSON, LARRY MCDONALD (Attachments: # 1 Text of Proposed Order)(Schneider, Brian) (Entered: 10/31/2011)

1 Text of Proposed Order

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Oct. 31, 2011 PACER
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REPLY to opposition to motion re 33 MOTION to Strike 32 Notice (Other) filed by STEPHEN BARON, DISTRICT OF COLUMBIA, VINCENT C. GRAY, WAYNE M. TURNAGE. (Baker, Melissa) (Entered: 11/02/2011)

Nov. 2, 2011 PACER
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Memorandum in opposition to re 37 MOTION for Leave to File Motion for Class Certification filed by STEPHEN BARON, DISTRICT OF COLUMBIA, VINCENT C. GRAY, WAYNE M. TURNAGE. (Baker, Melissa) (Entered: 11/16/2011)

Nov. 16, 2011 PACER

MINUTE ORDER denying 33 defendants' Motion to Strike 32 the Statement of Interest of the United States of America: upon consideration of defendants' motion, plaintiffs' opposition, and the entire record, it is hereby ORDERED that defendants' motion to strike is DENIED; and it is further ORDERED that defendants may file a response to that Statement of Interest, limited to 15 pages and not duplicative of any filings already made, on or before December 19, 2011. Signed by Judge Ellen S. Huvelle on December 1, 2011. (AG)

Dec. 1, 2011 PACER
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RESPONSE re 32 Notice (Other) of Department of Justice's Statement of Interest filed by DISTRICT OF COLUMBIA, VINCENT C. GRAY, WAYNE M. TURNAGE. (Attachments: # 1 Exhibit Supplemental Declaration of L. Sarigol)(Baker, Melissa) (Entered: 12/19/2011)

1 Exhibit Supplemental Declaration of L. Sarigol

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Dec. 19, 2011 PACER
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MEMORANDUM AND OPINION re defendants' Motion to Dismiss or, in the Alternative, for Summary Judgment. Signed by Judge Ellen S. Huvelle on February 14, 2012. (AG) (Entered: 02/14/2012)

Feb. 14, 2012 RECAP
42

ORDER granting in part and denying in part 19 defendants' Motion to Dismiss or, in the Alternative, for Summary Judgment ; denying 37 plaintiffs' Motion for Leave to File Motion for Class Certification; Telephone Conference Call set for 2/28/2012 at 2:00 PM; Status Conference set for 3/13/2012, at 9:30 AM in Courtroom 23A before Judge Ellen S. Huvelle. Signed by Judge Ellen S. Huvelle on February 14, 2012. (AG) . (Entered: 02/14/2012)

Feb. 14, 2012 PACER
43

NOTICE of Appearance by Chad Alan Naso on behalf of DISTRICT OF COLUMBIA (Naso, Chad) (Entered: 02/24/2012)

Feb. 24, 2012 PACER
44

ANSWER to 17 Amended Complaint by DISTRICT OF COLUMBIA. Related document: 17 Amended Complaint filed by LARRY MCDONALD, BONITA JACKSON, VIETRESS BACON, ROY FOREMAN, EDWARD DAY.(Patrick, Bradford) (Entered: 02/28/2012)

Feb. 28, 2012 PACER
45

MEET AND CONFER STATEMENT. (Thomas, Victoria) (Entered: 03/08/2012)

March 8, 2012 PACER

Minute Entry for proceedings held before Judge Ellen S. Huvelle: Status Conference held on 3/13/2012. Amended Complaint due by 4/2/2012. Joint Status Report and Discovery Proposal due by 4/5/2012. Status Conference set for 4/10/2012 at 10:00 AM in Courtroom 23A before Judge Ellen S. Huvelle. (Court Reporter Chantal Geneus) (gdf)

March 13, 2012 PACER
46

SECOND AMENDED COMPLAINT against DISTRICT OF COLUMBIA filed by ROY FOREMAN, LARRY MCDONALD, JUDITH MILLER, DONALD DUPREE, CURTIS WILKERSON, JACQUALYN THORPE.(znmw, ) (Entered: 04/03/2012)

April 2, 2012 PACER
47

Joint MOTION for Scheduling Order by DISTRICT OF COLUMBIA, DONALD DUPREE, ROY FOREMAN, JUDITH MILLER, JACQUALYN THORPE, CURTIS WILKERSON (Schneider, Brian) (Entered: 04/05/2012)

April 5, 2012 PACER
48

NOTICE of Filing of Olmstead Community Integration Initiative by DISTRICT OF COLUMBIA (Naso, Chad) (Entered: 04/06/2012)

April 6, 2012 PACER

Minute Entry for proceedings held before Judge Ellen S. Huvelle: Status Conference held on 4/10/2012. Merits Discovery start by 7/9/2012, Discovery due by 11/30/2012, Motion for class certification due by 5/15/2012, Response to motion due by 8/6/2012, Reply due by 9/6/2012. (Scheduling Order to be presented) (Court Reporter Chantal Geneus) (gdf) Modified on 4/10/2012 (gdf, ).

April 10, 2012 PACER
49

ORDER granting 47 Motion for Scheduling Order and setting discovery and briefing schedule. Telephone Conference call, to be initiated by counsel, is set for 4/16/2012, at 10:00 AM. See order for additional details. Signed by Judge Ellen S. Huvelle on April 10, 2012. (AG) (Entered: 04/10/2012)

April 10, 2012 PACER

Set/Reset Hearings: Telephone Conference set for 4/16/2012 at 10:00 AM in Chambers before Judge Ellen S. Huvelle. (gdf)

April 10, 2012 PACER
50

Consent MOTION to Continue Telephone Conference Scheduled for April 16, 2012 by DISTRICT OF COLUMBIA (Patrick, Bradford) (Entered: 04/11/2012)

April 11, 2012 PACER

MINUTE ORDER granting 50 Consent Motion to Continue: it is hereby ORDERED that the telephonce conference presently set for 4/16/2012 is CONTINUED until Thursday, 4/19/2012, at 10:30 AM. Signed by Judge Ellen S. Huvelle on April 11, 2012.(AG)

April 11, 2012 PACER
51

ANSWER to 46 Amended Complaint by DISTRICT OF COLUMBIA. Related document: 46 Amended Complaint filed by CURTIS WILKERSON, LARRY MCDONALD, DONALD DUPREE, JUDITH MILLER, JACQUALYN THORPE, ROY FOREMAN.(Patrick, Bradford) (Entered: 04/17/2012)

April 17, 2012 PACER

ORDER REFERRING CASE to a Magistrate Judge. Based upon the parties' request that this case be referred for mediation before a United States Magistrate Judge, it is hereby ORDERED this matter is referred to Magistrate Judge Alan Kay for settlement discussions to begin on or after May 14, 2012. On any filing related to settlement discussions, the parties shall place the initials of Judge Ellen Segal Huvelle and the initials of Judge Alan Kay following the case number in the caption. On any other filings in this case, the parties shall only place the initials of Judge Ellen Segal Huvelle after the case number. The parties are to jointly contact the Magistrate Judge in order to schedule the conference. SO ORDERED. Signed by Judge Ellen S. Huvelle on April 19, 2012.(AG)

April 19, 2012 PACER
52

CASE REFERRED to Magistrate Judge Alan Kay for Settlement purpose. (ls, ) (Entered: 04/19/2012)

April 19, 2012 PACER
53

ORDER setting a Settlement Conference for 5/14/2012, at 10:00 AM in Chambers [room 2333] before Magistrate Judge Alan Kay. Signed by Magistrate Judge Alan Kay on 04/26/12. (DM) (Entered: 04/26/2012)

April 26, 2012 PACER

Set/Reset Hearings: Settlement Conference set for 5/14/2012 10:00 AM in Chambers (room 2333) before Magistrate Judge Alan Kay. (ldc, )

April 26, 2012 PACER

Minute Entry for proceedings held before Magistrate Judge Alan Kay: Settlement Conference held on 5/14/2012. (DM)

May 14, 2012 PACER

MINUTE ORDER setting a second Settlement Conference for 6/14/2012, at 10:00 AM in Chambers [room 2333]before Magistrate Judge Alan Kay. Mediation may be held in another location but parties should assemble in chambers at 10:00 AM. Signed by Magistrate Judge Alan Kay on 05/14/12. (DM)

May 14, 2012 PACER
54

MOTION to Certify Class PLAINTIFFS' by DONALD DUPREE, ROY FOREMAN, LARRY MCDONALD, JUDITH MILLER, JACQUALYN THORPE, CURTIS WILKERSON (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F, # 9 Exhibit G, # 10 Exhibit H, # 11 Exhibit I, # 12 Exhibit J, # 13 Exhibit K, # 14 Exhibit L)(Schneider, Brian) (Entered: 05/15/2012)

1 Memorandum in Support

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2 Text of Proposed Order

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3 Exhibit A

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4 Exhibit B

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5 Exhibit C

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6 Exhibit D

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7 Exhibit E

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8 Exhibit F

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9 Exhibit G

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10 Exhibit H

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11 Exhibit I

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12 Exhibit J

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13 Exhibit K

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14 Exhibit L

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May 15, 2012 PACER

Minute Entry for proceedings held before Magistrate Judge Alan Kay: Settlement Conference held on 6/14/2012. (DM)

June 14, 2012 PACER

Minute Entry for proceedings held before Magistrate Judge Alan Kay: Settlement Conference held on 7/2/2012. (DM)

July 2, 2012 PACER

MINUTE ORDER setting a Settlement Conference for 7/9/2012, at 10:00 AM in Chambers before Magistrate Judge Alan Kay. Signed by Magistrate Judge Alan Kay on 07/02/12. (DM)

July 2, 2012 PACER

Minute Entry for proceedings held before Magistrate Judge Alan Kay: Telephone Conference held on 7/3/2012. (DM)

July 3, 2012 PACER
55

NOTICE OF WITHDRAWAL OF APPEARANCE as to DONALD DUPREE, ROY FOREMAN, LARRY MCDONALD, JUDITH MILLER, JACQUALYN THORPE, CURTIS WILKERSON. Attorney Bruce B. Vignery terminated. (Vignery, Bruce) (Entered: 07/05/2012)

July 5, 2012 PACER
56

Joint MOTION for Protective Order by VIETRESS BACON, DONALD DUPREE, ROY FOREMAN, LARRY MCDONALD, JUDITH MILLER, JACQUALYN THORPE, CURTIS WILKERSON (Attachments: # 1 Text of Proposed Order)(Lav, Jennifer) (Entered: 07/05/2012)

1 Text of Proposed Order

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July 5, 2012 PACER

Minute Entry for proceedings held before Magistrate Judge Alan Kay: Telephone Conference held on 7/5/2012. (DM)

July 5, 2012 PACER
57

NOTICE of Appearance by Stacy Jane Canan on behalf of All Plaintiffs (Canan, Stacy) (Entered: 07/06/2012)

July 6, 2012 PACER
58

PROTECTIVE ORDER setting forth procedures for handling confidential material; allowing designated material to be filed under seal. Signed by Judge Ellen S. Huvelle on 7/5/12. (Attachment:#(1) Exhibit A) (gdf) (Entered: 07/06/2012)

1 Exhibit A

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July 6, 2012 PACER

Minute Entry for proceedings held before Magistrate Judge Alan Kay: Settlement Conference held on 7/9/2012. (DM)

July 9, 2012 PACER

Minute Entry for proceedings held before Magistrate Judge Alan Kay: Telephone Conference held on 7/11/2012. (DM)

July 11, 2012 PACER
59

Consent MOTION for Extension of Time to the Court's April 10, 2012 Scheduling Order by DISTRICT OF COLUMBIA (Patrick, Bradford) (Entered: 07/12/2012)

July 12, 2012 PACER

MINUTE ORDER granting 59 Consent Motion for Extension of Time: Upon consideration of the District's motion to extend this Court's April 10, 2012 Scheduling Order, it is hereby ORDERED that the District's motion is GRANTED; and it is further ORDERED that: (1) Discovery on the merits of this action shall commence on July 23, 2012; (2) All discovery shall be completed by December 14, 2012; (3) The District shall file its opposition to Plaintiffs' Motion for Class Certification on or before August 20, 2012; (4) Plaintiffs shall file any Reply to the District's Opposition to Plaintiffs' Motion for Class Certification on or before September 19, 2012; (5) Expert reports shall be exchanged by October 18, 2012; and (6) Rebuttal experts, if any, shallbe exchanged by November 15, 2012. Signed by Judge Ellen S. Huvelle on July 14, 2012. (AG)

July 14, 2012 PACER

Set/Reset Deadlines: Discovery due by 12/14/2012; Responses due by 8/20/2012; Reply due by 9/19/2012; Expert reports shall be exchanged by October 18, 2012; and Rebuttal experts, if any, shallbe exchanged by November 15, 2012. (gdf)

July 17, 2012 PACER
60

NOTICE OF WITHDRAWAL OF APPEARANCE as to DISTRICT OF COLUMBIA. Attorney Melissa Lael Baker terminated. (Baker, Melissa) (Entered: 07/20/2012)

July 20, 2012 PACER
61

Memorandum in opposition to re 54 MOTION to Certify Class PLAINTIFFS' filed by DISTRICT OF COLUMBIA. (Attachments: # 1 Exhibit A - Declaration of Ann Page, # 2 Exhibit B - EPD Waiver Application, # 3 Exhibit C - Declaration of Robin Exton, # 4 Exhibit D - Declaration of Leyla Sarigol, # 5 Exhibit E - Declaration of Dr. Chantelle Teasdell, # 6 Exhibit F - Declaration of Hammere Gebreyes)(Patrick, Bradford) (Entered: 08/20/2012)

1 Exhibit A - Declaration of Ann Page

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2 Exhibit B - EPD Waiver Application

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3 Exhibit C - Declaration of Robin Exton

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4 Exhibit D - Declaration of Leyla Sarigol

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5 Exhibit E - Declaration of Dr. Chantelle Teasdell

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6 Exhibit F - Declaration of Hammere Gebreyes

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Aug. 20, 2012 PACER

Minute Entry for proceedings held before Magistrate Judge Alan Kay: Settlement Conference held on 8/24/2012. (DM)

Aug. 24, 2012 PACER
62

SUGGESTION OF DEATH Upon the Record as to Plaintiff Judith Miller by DISTRICT OF COLUMBIA. (Patrick, Bradford) (Entered: 09/17/2012)

Sept. 17, 2012 PACER
63

Consent MOTION for Extension of Time to File Response/Reply to Opposition to Class Certification by DONALD DUPREE, ROY FOREMAN, LARRY MCDONALD, JUDITH MILLER, JACQUALYN THORPE, CURTIS WILKERSON (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Thomas, Victoria) (Entered: 09/18/2012)

1 Memorandum in Support

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2 Text of Proposed Order

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Sept. 18, 2012 PACER
64

MOTION to Dismiss for Lack of Jurisdiction the Claims of Plaintiff Donald Dupree by DISTRICT OF COLUMBIA (Attachments: # 1 Memorandum in Support, # 2 Exhibit A - Dupree Interrogatory Responses, # 3 Exhibit B - Declaration of Jana Berhow, # 4 Text of Proposed Order)(Naso, Chad) (Entered: 09/18/2012)

1 Memorandum in Support

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2 Exhibit A - Dupree Interrogatory Responses

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3 Exhibit B - Declaration of Jana Berhow

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4 Text of Proposed Order

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Sept. 18, 2012 PACER
65

MOTION to Amend/Correct 51 Answer to Amended Complaint by DISTRICT OF COLUMBIA (Attachments: # 1 Exhibit A - Proposed Amended Answer, # 2 Exhibit B - Dixon Order Granting Preliminary Approval of Settlement, # 3 Exhibit C - Dixon Plaintiffs' Surreply in Opposition to the District's Motion to Vacate, # 4 Exhibit D - Dixon Amicus Brief in Opposition to the District's Motion to Vacate, # 5 Exhibit E - Dixon 1993 Order, # 6 Exhibit F - Dixon 1980 Consent Order, # 7 Exhibit G - Dixon 2012 Consent Order)(Patrick, Bradford) (Entered: 09/18/2012)

1 Exhibit A - Proposed Amended Answer

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2 Exhibit B - Dixon Order Granting Preliminary Approval of Settlement

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3 Exhibit C - Dixon Plaintiffs' Surreply in Opposition to the District's

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4 Exhibit D - Dixon Amicus Brief in Opposition to the District's Motion to Va

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5 Exhibit E - Dixon 1993 Order

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6 Exhibit F - Dixon 1980 Consent Order

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7 Exhibit G - Dixon 2012 Consent Order

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Sept. 18, 2012 PACER

MINUTE ORDER granting 63 Consent Motion for Extension of Time to File Reply re 54 MOTION to Certify Class: Upon consideration of the Plaintiffs' Motion to Extend Deadline to File Reply to Opposition to Class Certification, it is hereby ORDERED that Plaintiffs' motion is GRANTED; and it is furtherORDERED that Plaintiffs will file their Reply on or before September 24, 2012. Signed by Judge Ellen S. Huvelle on September 18, 2012. (AG)

Sept. 18, 2012 PACER

State / Territory: District of Columbia

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Olmstead Cases

Post-WalMart decisions on class certification

Key Dates

Filing Date: Dec. 23, 2010

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Plaintiffs are a class of institutionalized individuals with disabilities in the District of Columbia.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

NDRN/Protection & Advocacy Organizations

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

District of Columbia, None

District of Columbia Department of Health Care Finance, None

District of Columbia Department of Mental Health , None

Defendant Type(s):

Hospital/Health Department

Jurisdiction-wide

Case Details

Causes of Action:

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

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

Availably Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General:

Deinstitutionalization/decarceration

Individualized planning

Pattern or Practice

Placement in mental health facilities

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

Reasonable Accommodations

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

disability, unspecified

Integrated setting

Least restrictive environment

Mental impairment

Mental Disability:

Developmental disability without intellectual disability

Intellectual/developmental disability, unspecified

Mental Illness, Unspecified

Medical/Mental Health:

Intellectual/Developmental Disability

Mental health care, general

Mental health care, unspecified

Benefit Source:

Medicaid