Case: Lane v. Kitzhaber (later, Brown)

3:12-cv-00138 | U.S. District Court for the District of Oregon

Filed Date: Jan. 25, 2012

Case Ongoing

Clearinghouse coding complete

Case Summary

On January 25, 2012, this class action was brought by individuals with intellectual and developmental disabilities (I/DD) and the United Cerebral Palsy Association of Oregon and Southwest Washington, Inc. in the U.S. District Court for the District of Oregon. The plaintiffs claimed that the State of Oregon and its Offices of Developmental Disability Services and Vocational Rehabilitation Services, along with other state agencies, violated the Americans With Disabilities Act ("ADA") and the Reha…

On January 25, 2012, this class action was brought by individuals with intellectual and developmental disabilities (I/DD) and the United Cerebral Palsy Association of Oregon and Southwest Washington, Inc. in the U.S. District Court for the District of Oregon. The plaintiffs claimed that the State of Oregon and its Offices of Developmental Disability Services and Vocational Rehabilitation Services, along with other state agencies, violated the Americans With Disabilities Act ("ADA") and the Rehabilitation Act by operating an employment services program that unnecessarily separated disabled participants from nondisabled participants. The plaintiffs claimed these segregated settings deprived members of the plaintiff class (more than 2,300 people in the state) of supported employment services, the opportunity to work alongside nondisabled persons, and the ability to compete for higher-paying jobs. They claimed the state's policy discriminated against them based on disability. The plaintiffs sought certification of their proposed class, declaratory relief, and a permanent injunction to limit unnecessary segregation in the defendants' employment services program and to provide an adequate array of integrated employment and supported employment services.

On April 3, 2012, the defendants moved to dismiss the complaint, arguing that the plaintiffs were attempting to create "a new cause of action" by extending the ADA's integration mandate beyond the requirement to provide community and home-based services (which were designed to prevent unnecessary institutionalization) to also include employment services. The defendants argued that (1) employment claims were not covered by Title II of the ADA; (2) the integration mandate did not apply because a denial of employment services did not place any plaintiff at risk of institutionalization; (3) the plaintiffs' claims sought to require the defendants to provide a service that the state did not and could not provide; and (4) the plaintiffs' claims improperly imposed a certain standard of care on the state's provision of employment services. At the core of the defendants' argument was the notion that the integration mandate of the ADA applied only to a person's place of residency and not place of employment.

On April 20, 2012, the United States submitted a statement of interest regarding the motion to dismiss. It cited that contrary to defendant’s motion to dismiss, Title II of the ADA forms a clear and comprehensive mandate to end the segregation of persons with disabilities in virtually all aspects of American life.

On May 17, 2012, Magistrate Judge Janice M. Stewart held that the integration mandate applies equally to employment-related services and to services allowing persons to live outside institutions. 841 F.Supp.2d 1199. The court did, however, find that the plaintiffs sought "the forbidden remedy" of requiring defendants to provide an adequate level of employment services to enable plaintiffs to obtain a competitive job in their initial complaint. The court dismissed the complaint without prejudice and with leave to amend. On May 29, 2012, the plaintiffs filed an amended complaint with changes made to correct errors identified by the court.

The court then addressed the question of class certification. The plaintiffs sought to certify a class consisting of "all individuals in Oregon with intellectual or developmental disabilities who are in, or who have been referred to, sheltered workshops" and "who are qualified for supported employment services." The plaintiffs argued that the evidence needed to resolve the common questions of law and fact was the same for all class members. On August 6, 2012, the court granted class certification. 283 F.R.D. 587.

On May 24, 2014, the Department of Justice Civil Rights Division filed an intervenor complaint on behalf of the United States, which included evidence of a nine-month investigation into Oregon’s failure to comply with the ADA and Rehabilitation Act.

Some individual members of the class viewed sheltered work as equally valuable as integrated work and moved to intervene on the concern that their ability to choose sheltered work would be curtailed. But on June 20, 2014, Magistrate Judge Stewart denied the motion. 2014 WL 2807701.

On September 8, 2015, the parties submitted a proposed settlement agreement and on January 17, 2016, the court approved it. 166 F.Supp.3d 1180. In the settlement, the defendant committed to assisting 1,115 working-age individuals who receive or have received sheltered workshop services to obtain integrated employment in competitive-wage jobs and to reducing the number of adults with I/DD in sheltered workshops from 1,926 to no more than 1,530. The state also committed to end funding for sheltered workshop placements for youth newly eligible for state-funded employment, to provide at least 4,900 youth with employment services to help them access integrated employment, and to work with the state Department of Human Services in seeking financial incentives for providers to hire individuals with I/DD and in obtaining integrated employment. The parties agreed the settlement would terminate no later than July 1, 2022.

On February 11, 2016, the court granted an award of $5,250,000.00 in attorney's fees to the plaintiffs. 2016 WL 589684. As part of the settlement, the state's efforts are being monitored by an independent reviewer who will issue annual reports until the settlement's termination date. Since the case settled, two annual reports have been filed, one on March 2, 2017 and one on March 23, 2018.

Because the settlement continues to be monitored and the plaintiffs may reopen litigation if defendants fail to comply, this case is ongoing as of May 22, 2020.

Summary Authors

Denise Heberle (8/8/2012)

Andrew Junker (11/6/2014)

Kate Craddock (2/16/2016)

Mary Book (2/11/2019)

Carol Chen (7/4/2020)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4365719/parties/lane-v-brown/


Judge(s)

Stewart, Janice M. (Oregon)

Wilken, Claudia Ann (California)

Attorneys(s) for Plaintiff

Christensen, Nathan R. (Oregon)

Costanzo, Cathy E. (Massachusetts)

Elliott, Cody J. (Oregon)

English, Stephen F. (Oregon)

Greenfield, Julia Terese (Oregon)

Gupta, Vanita (District of Columbia)

Johnson, Thomas R. (Oregon)

Joondeph, Robert C. (Oregon)

Judge(s)

Stewart, Janice M. (Oregon)

Wilken, Claudia Ann (California)

Attorneys(s) for Plaintiff

Christensen, Nathan R. (Oregon)

Costanzo, Cathy E. (Massachusetts)

Elliott, Cody J. (Oregon)

English, Stephen F. (Oregon)

Greenfield, Julia Terese (Oregon)

Gupta, Vanita (District of Columbia)

Johnson, Thomas R. (Oregon)

Joondeph, Robert C. (Oregon)

Krieger, Anna M. (Massachusetts)

Lee, Nicholas (District of Columbia)

Liday, Steven G. Jr. (Oregon)

Perini-Abbott, Joanna (Oregon)

Reichman, Lawrence H. (Oregon)

Roof, Jennifer J. (Oregon)

Rubin, Bruce A. (Oregon)

Sawyer, Justin C. (Oregon)

Schwartz, Steven J. (Massachusetts)

Stenson, Thomas (Oregon)

Toner, Bettina (Massachusetts)

Wenk, Theodore E. (Oregon)

Wilde, Kathleen L. (Oregon)

Williams, Billy J. (Oregon)

Wrigley, James A. (Oregon)

Attorneys(s) for Defendant

Beatty-Walters, Christina L. (Oregon)

Blaesing, Lauren (Oregon)

Boss, Frederick M. (Oregon)

Dunbar, John J. (Oregon)

Englander, Nina R. (Oregon)

Kroger, John R. (Oregon)

Markowitz, David B. (Oregon)

Marshall, S. Amanda (Oregon)

McIntire, Keith (Oregon)

Owens, Laura R. (Oregon)

Rosenblum, Ellen F. (Oregon)

Scott, Carla (Oregon)

Whitehead, Carson L. (Oregon)

Other Attorney(s)

Barkoff, Alison (District of Columbia)

Bond, Rebecca B. (District of Columbia)

Brown, Adrian L. (Oregon)

Citera, Cheryl (District of Columbia)

Danielson, Kevin C. (Oregon)

Foran, Sheila (District of Columbia)

Harnden, Edwin A. (Oregon)

Hill, Eve L. (District of Columbia)

Kline, Regina (District of Columbia)

Knight, David W. (District of Columbia)

Lapertosa, Max (Pennsylvania)

Nichol, Allison (District of Columbia)

Park, H. Justin (District of Columbia)

Perez, Thomas E. (District of Columbia)

Raish, Anne (District of Columbia)

Ray, Sean P. (Oregon)

Expert/Monitor/Master

Terrill, Cathy Ficker (Oregon)

Documents in the Clearinghouse

Document

3:12-cv-00138

Docket [PACER]

Lane v. Brown

March 23, 2018

March 23, 2018

Docket
1

3:12-cv-00138

Class Action Complaint

Lane v. Kitzhaber

Jan. 25, 2012

Jan. 25, 2012

Complaint

3:12-cv-00138

Press Release

Lane v. Kitzhaber

No Court

Jan. 25, 2012

Jan. 25, 2012

Press Release
30

3:12-cv-00138

Memorandum of Law in Support of Defendants' Motion to Dismiss

Lane v. Kitzhaber

April 3, 2012

April 3, 2012

Pleading / Motion / Brief
35

3:12-cv-00138

Plaintiffs' Opposition to Defendants' Motion to Dismiss

Lane v. Kitzhaber

April 20, 2012

April 20, 2012

Pleading / Motion / Brief
34

3:12-cv-00138

Statement of the Interest of the United States of America in Support of Plaintiffs Regarding Motion to Dismiss

Lane v. Kitzhaber

April 20, 2012

April 20, 2012

Pleading / Motion / Brief
40

3:12-cv-00138

Opinion and Order

Lane v. Kitzhaber

841 F.Supp.2d 1199, 2012 WL 1802031

May 17, 2012

May 17, 2012

Order/Opinion
42

3:12-cv-00138

Protective Order

Lane v. Kitzhaber

May 24, 2012

May 24, 2012

Order/Opinion
43

3:12-cv-00138

Class Action First Amended Complaint

Lane v. Kitzhaber

May 29, 2012

May 29, 2012

Complaint
76

3:12-cv-00138

Order

Lane v. Kitzhaber

2012 WL 13055513

June 26, 2012

June 26, 2012

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4365719/lane-v-brown/

Last updated Aug. 2, 2022, 3:11 a.m.

ECF Number Description Date Link Date / Link
1

Complaint. Filing Fee in amount of $350 collected. Receipt No. 45100. Jury Trial Requested: No.Filed by Angela Kehler, Zavier Kinville, Paula Lane, Lori Robertson, United Cerebral Palsy Association of Oregon and Southwest Washington, Inc., Gretchen Cason, Elizabeth Harrah, Andres Paniagua, Sparkle Green against All Defendants. (Attachments: # 1 Civil Cover Sheet) (sss) (Entered: 01/25/2012)

1 Civil Cover Sheet

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Jan. 25, 2012

Jan. 25, 2012

Clearinghouse
2

Corporate Disclosure Statement. Filed by United Cerebral Palsy Association of Oregon and Southwest Washington, Inc. (sss) (Entered: 01/25/2012)

Jan. 25, 2012

Jan. 25, 2012

PACER
3

Discovery and Pretrial Scheduling Order and Notice of Case Assignment to Magistrate Judge Janice M. Stewart. Discovery is to be completed by 5/24/2012. Joint Alternate Dispute Resolution Report is due by 6/25/2012. Pretrial Order is due by 6/25/2012. Ordered by Magistrate Judge Janice M. Stewart. (sss) (Entered: 01/25/2012)

Jan. 25, 2012

Jan. 25, 2012

PACER
4

Summons Issued as to Oregon Department of Human Services, Oregon Office of Developmental Disability Services, Oregon Office of Vocational Rehabilitation Services, State of Oregon (sss) (Entered: 02/02/2012)

Feb. 1, 2012

Feb. 1, 2012

PACER
5

Order Granting Application for Special Admission Pro Hac Vice of Bettina Toner for Gretchen Cason, Sparkle Green, Elizabeth Harrah,Bettina Toner for Angela Kehler, Zavier Kinville, Paula Lane, Andres Paniagua, Lori Robertson and United Cerebral Palsy Association of Oregon and Southwest Washington, Inc.. Application Fee in amount of $100 collected. Receipt No. 45350 issued. Signed on 2/8/2012 by Magistrate Judge Janice M. Stewart. (ecp) (Entered: 02/09/2012)

Feb. 8, 2012

Feb. 8, 2012

PACER
6

Order Granting Application for Special Admission Pro Hac Vice of Steven J. Schwartz for Gretchen Cason, Sparkle Green, Elizabeth Harrah,Angela Kehler, Zavier Kinville, Paula Lane,Andres Paniagua, Lori Robertson and United Cerebral Palsy Association of Oregon and Southwest Washington, Inc.. Application Fee in amount of $100 collected. Receipt No. 45350 issued. Signed on 2/8/2012 by Magistrate Judge Janice M. Stewart. (ecp) (Entered: 02/09/2012)

Feb. 8, 2012

Feb. 8, 2012

PACER
7

Order Granting Application for Special Admission Pro Hac Vice of Cathy E. Costanzo for Gretchen Sparkle Green, Elizabeth Harrah,Angela Kehler,Zavier Kinville, Paula Lane, Andres Paniagua, Lori Robertson and United Cerebral Palsy Association of Oregon and Southwest Washington, Inc.. Application Fee in amount of $100 collected. Receipt No. 45350 issued. Signed on 2/8/2012 by Magistrate Judge Janice M. Stewart. (ecp) (Entered: 02/09/2012)

Feb. 8, 2012

Feb. 8, 2012

PACER
8

Notice of Appearance of John J. Dunbar appearing on behalf of All Defendants (Titled Acceptance and Acknowledgment of Service of Process) Filed by on behalf of All Defendants (Dunbar, John) (Entered: 02/16/2012)

Feb. 16, 2012

Feb. 16, 2012

PACER
9

Notice of Appearance of Christina L. Beatty-Walters appearing on behalf of All Defendants Filed by on behalf of All Defendants (Beatty-Walters, Christina) (Entered: 02/16/2012)

Feb. 16, 2012

Feb. 16, 2012

PACER
10

Fed. R. Civ. P. 26(a)(1) Agreement . Filed by Gretchen Cason, Sparkle Green, Elizabeth Harrah, Angela Kehler, Zavier Kinville, Paula Lane, Andres Paniagua, Lori Robertson, United Cerebral Palsy Association of Oregon and Southwest Washington, Inc.. (Rubin, Bruce) (Entered: 02/27/2012)

Feb. 27, 2012

Feb. 27, 2012

PACER
11

Motion to Certify the Class . ORAL ARGUMENT requested. Filed by All Plaintiffs. (Rubin, Bruce) (Entered: 03/06/2012)

March 6, 2012

March 6, 2012

PACER
12

Memorandum in Support of Plaintiffs' Motion for Class Certification. Filed by All Plaintiffs. (Related document(s): Motion to certify class 11 .) (Attachments: # 1 Exhibit 1 (Declaration of Ann Coffey), # 2 Appendix (ADA Class Certification Cases)) (Rubin, Bruce) (Entered: 03/06/2012)

1 Exhibit 1 (Declaration of Ann Coffey)

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2 Appendix (ADA Class Certification Cases)

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March 6, 2012

March 6, 2012

PACER
13

Declaration of Theodore Wenk Regarding Exhibits in Support of Plaintiffs' Motion for Class Certification. Filed by All Plaintiffs. (Related document(s): Motion to certify class 11 .) (Attachments: # 1 Exhibit 2, # 2 Exhibit 3, # 3 Exhibit 5, # 4 Exhibit 6) (Rubin, Bruce) (Entered: 03/06/2012)

1 Exhibit 2

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2 Exhibit 3

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3 Exhibit 5

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4 Exhibit 6

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March 6, 2012

March 6, 2012

PACER
14

Notice of Change of Address for Kathleen L. Wilde, James A. Wrigley and Theodore E. Wenk Filed by All Plaintiffs (Wilde, Kathleen) (Entered: 03/07/2012)

March 7, 2012

March 7, 2012

PACER
15

Motion for Extension of Time to File a Response/Reply to Motion to Certify the Class 11 . Filed by All Defendants. (Beatty-Walters, Christina) (Entered: 03/09/2012)

March 9, 2012

March 9, 2012

PACER
16

Memorandum in Support of Motion for Extension of Time to Respond to the Motion for Class Certification. Filed by All Defendants. (Related document(s): Motion for Extension of Time to File Response/Reply to a Motion 15 .) (Beatty-Walters, Christina) (Entered: 03/09/2012)

March 9, 2012

March 9, 2012

PACER
17

Declaration of Christina L. Beatty-Walters in Support of Motion for Extension of Time to Respond to the Motion for Class Certification. Filed by All Defendants. (Related document(s): Motion for Extension of Time to File Response/Reply to a Motion 15 .) (Beatty-Walters, Christina) (Entered: 03/09/2012)

March 9, 2012

March 9, 2012

PACER
18

Response in Opposition to Motion for Extension of Time to File a Response/Reply to Motion to Certify the Class 11 15 Expedited Decision Requested requested. Filed by All Plaintiffs. (Attachments: # 1 Exhibit 1) (Rubin, Bruce) (Entered: 03/09/2012)

1 Exhibit 1

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March 9, 2012

March 9, 2012

PACER
19

Report to Court of Initial Conference of Counsel for Discovery Planning (Fed. R. Civ. P. 26(f)). Filed by All Plaintiffs. (Attachments: # 1 Exhibit 1) (Rubin, Bruce) (Entered: 03/09/2012)

1 Exhibit 1

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March 9, 2012

March 9, 2012

PACER
20

ORDER by Magistrate Judge Janice M. Stewart: Granting in Part Defendants' Motion for Extension of Time to File Response to Motion to Certify the Class 11 . Response is due by 4/13/2012. Reply is due by 5/4/2012. Oral Argument is set for Thursday, 5/10/2012 at 1:30PM in Courtroom 11A before Magistrate Judge Janice M. Stewart on Plaintiffs' Motion For Class Certification 11 . (jlr) (Entered: 03/12/2012)

March 12, 2012

March 12, 2012

PACER
21

SCHEDULING ORDER: Written consent forms to allow a Magistrate Judge to enter final orders and judgment in this case in accordance with FRCP 73 and 28 USC § 636(c) are due on or before 5/4/2012. Please see the Discovery and Pretrial Scheduling Order (docket # 3, p. 6) for consent form. Please see the attached Notice for additional procedures applicable in cases assigned to Judge Stewart. Ordered by Magistrate Judge Janice M. Stewart. (stewart1, ) (Entered: 03/12/2012)

March 12, 2012

March 12, 2012

PACER
22

Amended Notice of Change of Address Filed by All Plaintiffs (Wilde, Kathleen) (Entered: 03/12/2012)

March 12, 2012

March 12, 2012

PACER
23

Scheduling Order by Magistrate Judge Janice M. Stewart: SETTING a TELPEHONE Rule 16 Conference for Tuesday, 4/3/2012 at 09:30AM before Magistrate Judge Janice M. Stewart. The Court will initiate the call. Local Rules 16-2(b) and 26-1 require that counsel confer prior to the conference. At the conference, counsel should be prepared to discuss the status of the case, relevant dates and deadlines, and any other significant issues. Plaintiff shall advise the court at the conference whether or not there will be full consent from all parties to proceed before the magistrate judge in the case. Until full consents are filed, no trial date will be set. (jlr) (Entered: 03/13/2012)

March 13, 2012

March 13, 2012

PACER
24

Summons Returned Executed. as to State of Oregon served on 2/6/2012, answer due on 2/27/2012 Filed by All Plaintiffs. (Rubin, Bruce) (Entered: 03/19/2012)

March 19, 2012

March 19, 2012

PACER
25

Summons Returned Executed. as to Oregon Department of Human Services served on 2/6/2012, answer due on 2/27/2012 Filed by All Plaintiffs. (Rubin, Bruce) (Entered: 03/19/2012)

March 19, 2012

March 19, 2012

PACER
26

Summons Returned Executed. as to Oregon Office of Developmental Disability Services served on 2/6/2012, answer due on 2/27/2012 Filed by All Plaintiffs. (Rubin, Bruce) (Entered: 03/19/2012)

March 19, 2012

March 19, 2012

PACER
27

Summons Returned Executed. as to Oregon Office of Vocational Rehabilitation Services served on 2/6/2012, answer due on 2/27/2012 Filed by All Plaintiffs. (Rubin, Bruce) (Entered: 03/19/2012)

March 19, 2012

March 19, 2012

PACER
28

Record of telephone Rule 16 Conference and Notice Regarding Civil Case Procedures. ORDER: STAYING discovery through 5/10/2012; STRIKING the case schedule and deadlines, including the current date for argument on the Motion to Certify a Class; and SETTING the following new case schedule and deadlines: Defendants' Motion to Dismiss is due by 4/3/2012; Response to the Motion to Dismiss is due 4/20/2012; Motion for Protective Order is due 4/6/2012; Response to the Motion for a Protective Order is due 4/23/2012; Replis to the Motion to Dismiss and the Motion for a Protective Order is due 5/8/2012. A hearing on the Motion to Dismiss and the Motion for a Protective Order is set for Thursday, 5/10/2012 at 01:30PM in Judge Stewart's Courtroom before Magistrate Judge Janice M. Stewart. ORDER: Defendants' Response to the Motion to Certify a Class (docket # 11 ) is due 5/24/2012; Plaintiffs' Reply is due 6/11/2012. A hearing on the Motion to Certify a Class (docket # 11 ) is set for Wednesday, 6/13/2012 at 09:30AM in Judge Stewart's Courtroom before Magistrate Judge Janice M. Stewart. ORDER: Adopting portions of the parties' Proposed Schedule (attached to docket # 19 ) as follows: Motions to Join Parties or Amend Complaint are due and Fact discovery is to be completed by 4/1/2013; Designations of Experts due 4/30/2013; Exchange of Initial Expert Witness Statements must be completed by 6/28/2013; Exchange of Rebuttal Expert Witness Statements must be completed by 7/26/2013; Expert Discovery is to be completed by 9/30/2013; Summary Judgment motions due 11/1/2013; Responses to Motions for Summary Judgment due 11/29/2013; Replies to Motions for Summary Judgment due 1/3/2014. ORDER: The Joint ADR Report is WAIVED. The parties should refer to the Court's Notice Regarding Civil Case Procedures (attached to Scheduling Order, docket # 21 ) for motions practice procedures in cases assigned to Judge Stewart. The parties indicate that they consent to proceed before a Magistrate Judge (see docket # 19, p. 2), and are advised that they must file written consent forms and should see the court's prior Scheduling Order (docket # 21 ) concerning the deadline and consent form. Bruce Rubin, Kathy Wilde, Steven Schwartz, and Bettina Toner present as counsel for plaintiff(s). John Dunbar and Christine Beatty-Walters present as counsel for defendant(s). Court Reporter: none. Tape No: none.Magistrate Judge Janice M. Stewart presiding. (stewart1, ) (Entered: 04/03/2012)

April 3, 2012

April 3, 2012

PACER
29

Motion to Dismiss . Oral Argument requested. Filed by All Defendants. (Beatty-Walters, Christina) (Entered: 04/03/2012)

April 3, 2012

April 3, 2012

PACER
30

Memorandum in Support of Motion to Dismiss. Filed by All Defendants. (Related document(s): Motion to Dismiss 29 .) (Beatty-Walters, Christina) (Entered: 04/03/2012)

April 3, 2012

April 3, 2012

Clearinghouse
31

Motion for Protective Order . ORAL ARGUMENT requested. Filed by All Plaintiffs. (Attachments: # 1 Exhibit Proposed Protective Order) (Wilde, Kathleen) (Entered: 04/06/2012)

1 Exhibit Proposed Protective Order

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April 6, 2012

April 6, 2012

PACER
32

Memorandum in Support of Plaintiffs' Motion for a Protective Order. Filed by All Plaintiffs. (Related document(s): Motion for Protective Order 31 .) (Wilde, Kathleen) (Entered: 04/06/2012)

April 6, 2012

April 6, 2012

PACER
33

Response to Motion for Protective Order 31 . Filed by All Defendants. (Beatty-Walters, Christina) (Entered: 04/19/2012)

April 19, 2012

April 19, 2012

RECAP
34

Notice re Motion to Dismiss 29 Statement of Interest of the United States of America in Support of Plaintiff's Regarding Defendants' Motion to Dismiss Filed by United States of America (Related document(s): Motion to Dismiss 29 .) (Brown, Adrian) (Entered: 04/20/2012)

April 20, 2012

April 20, 2012

Clearinghouse
35

Response in Opposition to Motion to Dismiss 29 . Filed by All Plaintiffs. (Attachments: # 1 Exhibit 1) (Reichman, Lawrence) (Entered: 04/20/2012)

1 Exhibit 1

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April 20, 2012

April 20, 2012

Clearinghouse
36

Reply to Motion to Dismiss 29 . Filed by All Defendants. (Beatty-Walters, Christina) (Entered: 05/07/2012)

May 7, 2012

May 7, 2012

PACER
38

Full Consent by all Parties to Jurisdiction by US Magistrate Judge. (sss) (Entered: 05/10/2012)

May 7, 2012

May 7, 2012

PACER
37

Reply to Motion for Protective Order 31 ORAL ARGUMENT requested. Filed by All Plaintiffs. (Wilde, Kathleen) (Entered: 05/08/2012)

May 8, 2012

May 8, 2012

PACER
39

Record of Motion Hearing. ORDER: Defendants' Motion to Dismiss 29 is taken under advisement. ORDER: Plaitniffs' Motion for a Protective Order 31 is GRANTED IN PART AND DENIED IN PART, as stated on the record. Plaintiffs shall prepare a redrafted Protective Order in accordance with the court's rulings, present it to defendants for approval, and then submit it to the court for signature. ORDER: RESETTING oral argument on Plaintiffs' Motion to Certify a Class 11 from June 13, 2012, to Judge Stewart's oral argument calendar of Thursday, June 21, 2012 at 9:30 a.m. ORDER: Defendants' response to the Motion to Certify a Class is due by 6/7/2012. Plaintiffs' reply is due by 6/18/2012. Steven Schwartz, Bruce Rubin, and Kathy Wilde (for plaintiffs) and Max Lapertosa (for US Department of Justice) present as counsel for plaintiff(s). Christina Beatty-Walters and John Dunbar present as counsel for defendant(s). Court Reporter: Bonita Shumway. Tape No: none.Magistrate Judge Janice M. Stewart presiding. (Related document(s): Motion to certify class 11, Motion to Dismiss 29, Motion for Protective Order 31 .) (stewart1, ) (Entered: 05/10/2012)

May 10, 2012

May 10, 2012

PACER
40

OPINION AND ORDER: Granting Defendants Motion to Dismiss 29 with leave to amend. First Amended Complaint is due by 5/29/2012. Signed on 5/17/2012 by Magistrate Judge Janice M. Stewart. (ST) (Entered: 05/17/2012)

May 17, 2012

May 17, 2012

Clearinghouse
41

Stipulated Proposed Form of Order Submitted Protective Order. Filed by All Parties. (Wilde, Kathleen) Modified to remove Goodwill Industries and United States of America as filers on 5/25/2012 (sss). (Entered: 05/23/2012)

May 23, 2012

May 23, 2012

PACER
42

Protective Order. Signed on 5/24/12 by Magistrate Judge Janice M. Stewart. (jlr) (Entered: 05/24/2012)

May 24, 2012

May 24, 2012

Clearinghouse
43

Amended Complaint . Filed by Angela Kehler, Zavier Kinville, Paula Lane, Lori Robertson, United Cerebral Palsy Association of Oregon and Southwest Washington, Inc., Gretchen Cason, Elizabeth Harrah, Andres Paniagua, Sparkle Green against Lori Robertson, Oregon Department of Human Services, Oregon Office of Developmental Disability Services, Oregon Office of Vocational Rehabilitation Services, State of Oregon. (Schwartz, Steven) (Entered: 05/29/2012)

May 29, 2012

May 29, 2012

Clearinghouse
44

Motion to Strike Declaration of Ann Coffey. Oral Argument requested. Filed by All Defendants. (Beatty-Walters, Christina) (Entered: 06/07/2012)

June 7, 2012

June 7, 2012

PACER
45

Response to Motion to Certify the Class 11, Motion to Strike Declaration of Ann Coffey 44 . Filed by All Defendants. (Beatty-Walters, Christina) (Entered: 06/07/2012)

June 7, 2012

June 7, 2012

PACER
46

Declaration of Christina L. Beatty-Walters . Filed by All Defendants. (Related document(s): Motion to certify class 11 .) (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8) (Beatty-Walters, Christina) (Entered: 06/07/2012)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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5 Exhibit 5

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6 Exhibit 6

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7 Exhibit 7

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8 Exhibit 8

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June 7, 2012

June 7, 2012

PACER
47

Declaration of Mary Lee Fay . Filed by All Defendants. (Related document(s): Motion to certify class 11 .) (Beatty-Walters, Christina) (Entered: 06/07/2012)

June 7, 2012

June 7, 2012

PACER
48

Declaration of Nina R. Englander . Filed by All Defendants. (Related document(s): Motion to certify class 11 .) (Beatty-Walters, Christina) (Entered: 06/07/2012)

June 7, 2012

June 7, 2012

PACER
49

Declaration of Joshua Leslie . Filed by All Defendants. (Related document(s): Motion to certify class 11 .) (Beatty-Walters, Christina) (Entered: 06/07/2012)

June 7, 2012

June 7, 2012

PACER
50

Scheduling Order by Magistrate Judge Janice M. Stewart: Setting Defendants' Motion to Strike Declaration of Ann Coffey 44 for Oral Argument on Thursday, 6/21/2012 at 9:30AM (along with Motion to Certify Class) in Judge Stewart's Courtroom before Magistrate Judge Janice M. Stewart. (jlr) (Entered: 06/08/2012)

June 8, 2012

June 8, 2012

PACER
51

Motion to Strike Declaration, 46, Declaration 48 . Oral Argument requested. Filed by All Plaintiffs. (Reichman, Lawrence) (Entered: 06/15/2012)

June 15, 2012

June 15, 2012

PACER
52

Memorandum in Support of Plaintiffs' Motion to Strike Declarations. Filed by All Plaintiffs. (Related document(s): Motion to Strike 51 .) (Reichman, Lawrence) (Entered: 06/15/2012)

June 15, 2012

June 15, 2012

PACER
53

Answer to 43 Amended Complaint, . Filed by Oregon Department of Human Services, Oregon Office of Developmental Disability Services, Oregon Office of Vocational Rehabilitation Services. (Beatty-Walters, Christina) (Entered: 06/15/2012)

June 15, 2012

June 15, 2012

PACER
54

Reply to Motion to Certify the Class 11 . Filed by All Plaintiffs. (Schwartz, Steven) (Entered: 06/18/2012)

June 18, 2012

June 18, 2012

PACER
55

Declaration of Paul Kinville . Filed by All Plaintiffs. (Related document(s): Reply to Motion 54 .) (Schwartz, Steven) (Entered: 06/18/2012)

June 18, 2012

June 18, 2012

PACER
56

Declaration of Kathleen Cason . Filed by All Plaintiffs. (Related document(s): Reply to Motion 54 .) (Schwartz, Steven) (Entered: 06/18/2012)

June 18, 2012

June 18, 2012

PACER
57

Declaration of Bettina Toner . Filed by All Plaintiffs. (Related document(s): Reply to Motion 54 .) (Schwartz, Steven) (Entered: 06/18/2012)

June 18, 2012

June 18, 2012

PACER
58

Exhibits re Declaration 57 . Filed by All Plaintiffs. (Related document(s): Declaration 57 .) (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20) (Schwartz, Steven) (Entered: 06/18/2012)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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5 Exhibit 5

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6 Exhibit 6

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7 Exhibit 7

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8 Exhibit 8

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9 Exhibit 9

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10 Exhibit 10

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11 Exhibit 11

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12 Exhibit 12

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13 Exhibit 13

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14 Exhibit 14

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15 Exhibit 15

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16 Exhibit 16

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17 Exhibit 17

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18 Exhibit 18

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19 Exhibit 19

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20 Exhibit 20

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June 18, 2012

June 18, 2012

PACER
59

Response to Motion to Strike Declaration of Ann Coffey 44 . Filed by All Plaintiffs. (Rubin, Bruce) (Entered: 06/18/2012)

June 18, 2012

June 18, 2012

PACER
60

Statement of Interest of the United States of America in Support of Plaintiffs' Motion for Class Certification Filed by United States of America (Related document(s): Motion to certify class 11 .) (Brown, Adrian) Modified text on 6/19/2012 (sss). (Entered: 06/18/2012)

June 18, 2012

June 18, 2012

PACER
61

Scheduling Order by Magistrate Judge Janice M. Stewart: SETTING Motion to Strike 51 for Oral Argument on Thursday, 6/21/2012 at 9:30AM in Judge Stewart's Courtroom before Magistrate Judge Janice M. Stewart. (jlr) (Entered: 06/18/2012)

June 18, 2012

June 18, 2012

PACER
62

OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Motion Hearing held on 5/10/2012 before Judge Janice M. Stewart, Court Reporter Bonita J. Shumway, telephone number (503)326-8188. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through the court reporter or PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 6/28/2012. Redaction Request due 7/12/2012. Redacted Transcript Deadline set for 7/23/2012. Release of Transcript Restriction set for 9/20/2012. (Shumway, Bonita) (Entered: 06/18/2012)

June 18, 2012

June 18, 2012

PACER
63

Motion for Protective Order or in the Alternative for an Extension of Time to Respond to Plaintiffs' Requests for Production. Oral Argument requested. Filed by Oregon Department of Human Services, Oregon Office of Developmental Disability Services, Oregon Office of Vocational Rehabilitation Services. (Beatty-Walters, Christina) (Entered: 06/18/2012)

June 18, 2012

June 18, 2012

RECAP
64

Memorandum in Support . Filed by Oregon Department of Human Services, Oregon Office of Developmental Disability Services, Oregon Office of Vocational Rehabilitation Services. (Related document(s): Motion for Protective Order, 63 .) (Beatty-Walters, Christina) (Entered: 06/18/2012)

June 18, 2012

June 18, 2012

PACER
65

Declaration of Christina L. Beatty-Walters . Filed by Oregon Department of Human Services, Oregon Office of Developmental Disability Services, Oregon Office of Vocational Rehabilitation Services. (Related document(s): Motion for Protective Order, 63 .) (Attachments: # 1 Exhibit 1, # 2 Exhibit 2) (Beatty-Walters, Christina) (Entered: 06/19/2012)

1 Exhibit 1

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2 Exhibit 2

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June 19, 2012

June 19, 2012

PACER
66

Notice of Association of Attorney Nina R. Englander for Oregon Office of Developmental Disability Services, Oregon Office of Vocational Rehabilitation Services, Oregon Department of Human Services. Filed by Oregon Office of Developmental Disability Services, Oregon Office of Vocational Rehabilitation Services, Oregon Department of Human Services (Englander, Nina) Modified on 6/20/2012 to remove duplicate text (tll). (Entered: 06/19/2012)

June 19, 2012

June 19, 2012

PACER
67

Memorandum in Opposition to Motion for Protective Order or in the Alternative for an Extension of Time to Respond to Plaintiffs' Requests for Production 63 ORAL ARGUMENT requested. Filed by All Plaintiffs. (Attachments: # 1 Exhibit Declaration of counsel) (Wilde, Kathleen) (Entered: 06/20/2012)

1 Exhibit Declaration of counsel

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June 20, 2012

June 20, 2012

PACER
68

Motion to Strike New Evidence Submitted With Plaintiffs' Reply in Support of Their Motion for Class Certification Declaration 55, Declaration 56, Declaration 57 . Oral Argument requested. Filed by Oregon Department of Human Services, Oregon Office of Developmental Disability Services, Oregon Office of Vocational Rehabilitation Services. (Englander, Nina) (Entered: 06/20/2012)

June 20, 2012

June 20, 2012

PACER
69

Memorandum in Support . Filed by Oregon Department of Human Services, Oregon Office of Developmental Disability Services, Oregon Office of Vocational Rehabilitation Services. (Related document(s): Motion to Strike, 68 .) (Englander, Nina) (Entered: 06/20/2012)

June 20, 2012

June 20, 2012

PACER
70

Response to Motion to Certify the Class 11 . Filed by Oregon Department of Human Services, Oregon Office of Developmental Disability Services, Oregon Office of Vocational Rehabilitation Services. (Beatty-Walters, Christina) (Entered: 06/20/2012)

June 20, 2012

June 20, 2012

PACER
71

Declaration of Christina L. Beatty-Walters . Filed by Oregon Department of Human Services, Oregon Office of Developmental Disability Services, Oregon Office of Vocational Rehabilitation Services. (Related document(s): Response to Motion 70 .) (Attachments: # 1 Exhibit 1) (Beatty-Walters, Christina) (Entered: 06/20/2012)

1 Exhibit 1

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June 20, 2012

June 20, 2012

PACER
72

Memorandum in Opposition to Motion to Strike New Evidence Submitted With Plaintiffs' Reply in Support of Their Motion for Class Certification Declaration 55, Declaration 56, Declaration 57 68 . Filed by All Plaintiffs. (Roof, Jennifer) (Entered: 06/20/2012)

June 20, 2012

June 20, 2012

PACER
73

MINUTES of Proceedings: Motion Hearing Held on pending motions. ORDER: Plaintiffs' Motion to Certify the Class (docket # 11 ) and Defendants' Motion to Strike New Evidence Submitted With Plaintiffs' Reply in Support of Their Motion for Class Certification (docket # 68 ) are taken under advisement. Defendants' Motion to Strike the Declaration of Ann Coffey (docket # 44 ) is DENIED; Plaintiffs' Motion to Strike Declaration (docket # 51 ) is GRANTED; and Defendants' Motion for Protective Order or Alternative Motion for an Extension of Time to Respond to Plaintiffs' Requests for Production (docket # 63 ) is GRANTED to the extent that the due date for defendants' objections to the Request for Production is extended through August 2, 2012, and otherwise denied with leave to renew, if necessary, after the parties have conferred. Steven Schwartz, Bruce Rubin, Lawrence Reichman, and Kathleen Wilde (for plaintiffs) and Max Lapertosa (for US Department of Justice) present as counsel for plaintiff(s). Christina Beatty-Walters, Nina Englander, and John Dunbar present as counsel for defendant(s). Court Reporter: Jill Erwin. Tape No: none. Magistrate Judge Janice M. Stewart presiding. (stewart1, ) (Entered: 06/21/2012)

June 21, 2012

June 21, 2012

PACER
74

Declaration of Lawrence H. Reichman . Filed by All Plaintiffs. (Related document(s): Motion to certify class 11 .) (Attachments: # 1 Exhibit) (Reichman, Lawrence) (Entered: 06/21/2012)

1 Exhibit

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June 21, 2012

June 21, 2012

PACER
75

Second Declaration of Nina R. Englander . Filed by Oregon Department of Human Services, Oregon Office of Developmental Disability Services, Oregon Office of Vocational Rehabilitation Services. (Related document(s): Response to Motion 45 .) (Attachments: # 1 Exhibit 1, # 2 Exhibit 1, # 3 Exhibit 1) (Englander, Nina) (Entered: 06/22/2012)

1 Exhibit 1

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2 Exhibit 1

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3 Exhibit 1

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June 22, 2012

June 22, 2012

PACER
76

ORDER: Granting in Part Denying in Part Defendants' Motion to Strike New Evidence Submitted With Plaintiffs' Reply in Support of Their Motion for Class Certification 68 . See attached for details of ruling. Signed on 6/26/2012 by Magistrate Judge Janice M. Stewart. (ST) (Entered: 06/26/2012)

June 26, 2012

June 26, 2012

Clearinghouse
77

OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Motion Hearing held on June 21, 2012, before Judge Janice M. Stewart, Court Reporter Jill L. Erwin, telephone number (503)326-8191. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through the court reporter or PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 8/9/2012. Redaction Request due 8/23/2012. Redacted Transcript Deadline set for 9/4/2012. Release of Transcript Restriction set for 11/1/2012. (Erwin, Jill) (Entered: 07/30/2012)

July 30, 2012

July 30, 2012

PACER
78

OPINION AND ORDER: Granting Motion to Certify the Class 11 . Signed on 8/6/2012 by Magistrate Judge Janice M. Stewart. (ST) (Entered: 08/06/2012)

Aug. 6, 2012

Aug. 6, 2012

Clearinghouse
79

Motion for Extension of Discovery & PTO Deadlines pleading entitled: Plaintiffs' Motion to Amend Case Schedule and Deadlines. Oral Argument requested. Filed by All Plaintiffs. (Rubin, Bruce) (Entered: 03/15/2013)

March 15, 2013

March 15, 2013

PACER
80

Memorandum in Support of Plaintiff's Motion to Amend Case Schedule and Deadlines. Filed by All Plaintiffs. (Related document(s): Motion for Extension of Discovery & PTO Deadlines 79 .) (Attachments: # 1 Exhibit 1) (Rubin, Bruce) (Entered: 03/15/2013)

1 Exhibit 1

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March 15, 2013

March 15, 2013

PACER
81

Scheduling Order by Magistrate Judge Janice M. Stewart: SETTING: Plaintiffs' Motion to Amend Case Schedule and Deadlines 79 for TELEPHONE Oral Argument on Tuesday, 4/16/2013 at 1:30PM Pacific Daylight Time before Magistrate Judge Janice M. Stewart. (The court will provide a phone number to counsel to join the conference) (jlr) (Entered: 03/21/2013)

March 21, 2013

March 21, 2013

PACER
82

Motion to Intervene . Filed by United States of America. (Lapertosa, Max) (Entered: 03/27/2013)

March 27, 2013

March 27, 2013

PACER
83

Memorandum in Support of Motion to Intervene. Filed by United States of America. (Related document(s): Motion to intervene 82 .) (Attachments: # 1 Proposed Document Proposed Complaint in Intervention, # 2 Exhibit Letter, # 3 Exhibit Letter, # 4 Exhibit Letter) (Lapertosa, Max) Modified to delete Exhibit 4 per Order #105 on 5/22/2013 (eo). (Entered: 03/27/2013)

1 Proposed Document Proposed Complaint in Intervention

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2 Exhibit Letter

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3 Exhibit Letter

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March 27, 2013

March 27, 2013

Clearinghouse
84

Notice of Appearance of Steven G. Liday, Jr appearing on behalf of All Plaintiffs Filed by on behalf of All Plaintiffs (Liday, Steven) (Entered: 03/28/2013)

March 28, 2013

March 28, 2013

PACER
85

Scheduling Order by Magistrate Judge Janice M. Stewart: SETTING Motion to Intervene 82 filed by United States of America to be taken under advisement on 5/2/2013. (jlr) (Entered: 03/28/2013)

March 28, 2013

March 28, 2013

PACER
86

Response to Motion for Extension of Discovery & PTO Deadlines pleading entitled: Plaintiffs' Motion to Amend Case Schedule and Deadlines 79 Oral Argument requested. Filed by All Defendants. (Attachments: # 1 Exhibit 1) (Beatty-Walters, Christina) (Entered: 04/01/2013)

1 Exhibit 1

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April 1, 2013

April 1, 2013

PACER
87

Response to Motion to Intervene 82 Oral Argument requested. Filed by All Defendants. (Beatty-Walters, Christina) (Entered: 04/15/2013)

April 15, 2013

April 15, 2013

PACER
88

Declaration of Christina Beatty-Walters . Filed by All Defendants. (Related document(s): Response to Motion 87 .) (Attachments: # 1 Exhibit 1, 2, & 3) (Beatty-Walters, Christina) (Entered: 04/15/2013)

1 Exhibit 1, 2, & 3

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April 15, 2013

April 15, 2013

PACER
89

MINUTES of Proceedings: Granting Motion for Extension of Discovery & PTO Deadlines 79 and setting the case schedule oulined on Plaintiff's Motion to Amend Case Schedule and Deadlines 79, p. 2. ORDER: SETTING United States of America's Motion to Intervene for TELEPHONE oral argument on Monday, May 20, 2013 at 9:30 AM. Bruce Rubin, Cathy Costanzo, Kathleen Wilde, and Steven Schwartz present as counsel for plaintiff(s). Christina Beatty-Walters and Nina Englander present as counsel for defendant(s); Max Lapertosa, Sheila Foran, Regina Kline, Justin Park, Chloe Holzmann, and Adrian Brown present as counsel for U.S. Dept of Justice (proposed intervenor). (Court Reporter none.) (stewart1, ) Modified on 4/16/2013 to add this hearing was recorded: FTR 11A(jlr). (Entered: 04/16/2013)

April 16, 2013

April 16, 2013

PACER
90

Scheduling Order by Magistrate Judge Janice M. Stewart regarding Motion to Intervene 82 . ORDER: TELEPHONE oral argument is set for Monday, 5/20/2013 at 09:30AM before Magistrate Judge Janice M. Stewart. ORDER: Please see the attached NOTICE regarding procedures applicable to cases assigned to Magistrate Judge Janice M. Stewart. (stewart1, ) (Entered: 04/16/2013)

April 16, 2013

April 16, 2013

PACER
91

Scheduling Order: As discussed at the motion hearing on April 16, 2013, SETTING a four-week jury trial to commence in this case on Monday, July 13, 2015 at 9:00 am, in Judge Stewart's courtroom. The remaining trial schedule will be set, and the Trial Management Order will be issued, following a ruling on dispositive motions. Ordered by Magistrate Judge Janice M. Stewart. (stewart1, ) (Entered: 04/16/2013)

April 16, 2013

April 16, 2013

PACER
92

Motion to Compel Production of Documents and for Electronic Discovery Order. Oral Argument requested. Filed by All Plaintiffs. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3) (Rubin, Bruce) Modified on 5/14/2013 see Notice of Withdrawal 101 (jlr). (Entered: 04/30/2013)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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April 30, 2013

April 30, 2013

PACER
93

Memorandum in Support of Plaintiffs' Motion to Compel Production of Documents and for Electronic Discovery Order. Filed by All Plaintiffs. (Related document(s): Motion to compel 92 .) (Rubin, Bruce) (Entered: 04/30/2013)

April 30, 2013

April 30, 2013

PACER
94

Declaration of Kathleen L. Wilde in Support of Plaintiffs' Motion to Compel Production of Documents and for Electronic Discovery Order. Filed by All Plaintiffs. (Related document(s): Motion to compel 92 .) (Rubin, Bruce) (Entered: 04/30/2013)

April 30, 2013

April 30, 2013

PACER
95

Declaration of Bettina Toner in Support of Plaintiffs' Motion to Compel Production of Documents and for Electronic Discovery Order. Filed by All Plaintiffs. (Related document(s): Motion to compel 92 .) (Rubin, Bruce) (Entered: 04/30/2013)

April 30, 2013

April 30, 2013

PACER
96

Declaration of Bruce A. Rubin in Support of Plaintiffs' Motion to Compel Production of Documents and for Electronic Discovery Order. Filed by All Plaintiffs. (Related document(s): Motion to compel 92 .) (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4) (Rubin, Bruce) (Entered: 04/30/2013)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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April 30, 2013

April 30, 2013

PACER
97

Memorandum in Support of the Department of Justice's Motion to Intervene. Filed by All Plaintiffs. (Related document(s): Motion to intervene 82 .) (Schwartz, Steven) (Entered: 05/01/2013)

May 1, 2013

May 1, 2013

PACER
98

Reply to Motion to Intervene 82 Oral Argument requested. Filed by United States of America. (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Lapertosa, Max) (Entered: 05/02/2013)

1 Exhibit A

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2 Exhibit B

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May 2, 2013

May 2, 2013

PACER
99

Scheduling Order by Magistrate Judge Janice M. Stewart: SETTING Motion to Compel Production of Documents and for Electronic Discovery Order 92 for TELEPHONE Oral Argument along with the Motion To Intervene currently set for Monday, 5/20/2013 at 09:30AM before Magistrate Judge Janice M. Stewart. The parties shall call into the court's conference line five minutes prior to the scheduled conference time. The court will join the conference at or shortly after the appointed time. (The phone number will be provided via separate email a few days before the hearing). (jlr) (Entered: 05/02/2013)

May 2, 2013

May 2, 2013

PACER
100

Notice of Association of Attorney Carla Scott,Carla Scott for Oregon Office of Developmental Disability Services,Carla Scott for Oregon Office of Vocational Rehabilitation Services,Carla Scott for Oregon Department of Human Services,Carla Scott for State of Oregon. Filed by All Defendants (Scott, Carla) (Entered: 05/08/2013)

May 8, 2013

May 8, 2013

PACER

Case Details

State / Territory: Oregon

Case Type(s):

Disability Rights

Special Collection(s):

Olmstead Cases

Post-WalMart decisions on class certification

Multi-LexSum (in sample)

Key Dates

Filing Date: Jan. 25, 2012

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Persons with intellectual/developmental disabilities employed in sheltered workshops in Oregon who can and want to work in typical employment settings in the community.

Plaintiff Type(s):

Non-profit NON-religious organization

Private Plaintiff

Attorney Organizations:

NDRN/Protection & Advocacy Organizations

Perkins Coie

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

State of Oregon, State

Defendant Type(s):

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

Declaratory Judgment Act, 28 U.S.C. § 2201

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 2015 - 2022

Content of Injunction:

Other requirements regarding hiring, promotion, retention

Preliminary relief granted

Provide antidiscrimination training

Recordkeeping

Reporting

Issues

General:

Classification / placement

Disparate Treatment

Failure to train

Government Services

Habilitation (training/treatment)

Placement in mental health facilities

Reasonable Modifications

Rehabilitation

Special education

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

disability, unspecified

Integrated setting

Least restrictive environment

Mental impairment

Mobility impairment

Mental Disability:

Intellectual/developmental disability, unspecified

Medical/Mental Health:

Intellectual/Developmental Disability

Intellectual disability/mental illness dual diagnosis

Type of Facility:

Government-run

Benefit Source:

Medicaid