Case: J.K. v. Eden

4:91-cv-00261 | U.S. District Court for the District of Arizona

Filed Date: May 8, 1991

Closed Date: March 21, 2014

Clearinghouse coding complete

Case Summary

Representing the class of persons under age twenty-one who were eligible for behavioral health services through Medicaid's Early and Periodic Screening, Diagnosis, and Treatment (EPSDT) mandate, 42 U.S.C. § 1396 et seq., the Bazelon Center, Arizona Center for Disability Law, and National Center for Youth Law brought suit in 1991 in the U.S. District Court for the District of Arizona, against the state of Arizona.Both parties sought summary judgment, but in 1993, District Judge John Roll denied …

Representing the class of persons under age twenty-one who were eligible for behavioral health services through Medicaid's Early and Periodic Screening, Diagnosis, and Treatment (EPSDT) mandate, 42 U.S.C. § 1396 et seq., the Bazelon Center, Arizona Center for Disability Law, and National Center for Youth Law brought suit in 1991 in the U.S. District Court for the District of Arizona, against the state of Arizona.

Both parties sought summary judgment, but in 1993, District Judge John Roll denied the motions. The defendants argued that the challenged conduct did not constitute state action at all because the Arizona Department of Health Services contracted with private health care providers to provide behavioral health services to eligible children. The court disagreed, holding that even though the private providers made decisions about levels of care for children, the state was ultimately responsible for the providers' compliance with the federal Medicaid statute. J.K. v. Dillenberg, 836 F. Supp. 694 (D. Ariz. 1993).

In 1995, plaintiffs renewed their motion for partial summary judgment, and on May 13, 1996, the Court granted the motion, declaring certain aspects of the state's policy unlawful and enjoining the defendants from reducing any plaintiff's Title XIX covered services based on medical needs assessments without providing notice and a fair hearing. (The Court denied the state's cross motion for summary judgment.) The case continued to move towards trial on other issues, but on August 10, 1998, the court granted the parties' joint motion for a year-and-a-half stay of all litigation, on specified terms from the joint motion (not available in the Clearinghouse). The agreement was at least in part to allow time for an independent expert to assess the adequacy of mental health and substance abuse services provided to the plaintiffs.

After completion of the independent study, the parties began settlement negotiations. They reached a settlement on March 27, 2001, which the district court preliminarily approved on April 5, 2001. Notice was provided to the class, and a fairness hearing was held on June 26, 2001, at which time the court approved the settlement. Under the settlement, which was set to last until July 2007, the State agreed to increase funding for training, respite care, pilot projects, and improvements in the structure of the state's behavioral health managed care system.

The agreement rested on broad principles that "require initiatives to improve front-line practice, enhance the capacity of private agencies to deliver needed services, promote collaboration among public agencies, and develop a quality management and improvement system focused on sound practice." The defendants agreed to move as quickly as practicable to deploy a system in compliance with the principles. The agreement allowed for court enforcement, but did not impose any deadlines for compliance. However, it did specify that "none of the parties may engage in activities which delay, prolong or frustrate performance of the obligations of this Agreement with the aim of taking advantage of the time-limited nature of this Settlement Agreement. The Court may, after application and a hearing, impose severe sanctions for such conduct."

On December 3, 2001, after a stipulation by the parties, the court approved attorneys’ fees payable to the plaintiffs' counsel of $1.2 million. Over the next several years, attorney's fees were paid to plaintiffs' counsel for its work monitoring and enforcing the settlement.

In January 2006, the plaintiffs invoked the settlement agreement's dispute resolution process, claiming that the state had not complied with the agreement, and in particular had failed to "move as quickly as is practicable to develop a Title XIX behavioral health system that delivers services according to the [settlement's] Principles" as required. On November 21, 2006, the parties agreed to amend the 2001 settlement by extending its compliance date from July 2007 till July 2010.

On March 6, 2009, plaintiffs again invoked the dispute resolution provisions by sending a letter to defendants, listing six serious issues in dispute. Although the parties agreed to the basic rules governing contract interpretation, they disagreed about the test to apply to determine whether defendants have breached any contractual obligation. Plaintiffs asserted that the test is whether defendants have substantially complied with the terms of the Agreement, while Defendants asserted that performance should be measured under a standard of good faith.

The parties were unable to resolve their differences, and on November 13, 2009, the plaintiffs filed a motion to enforce the settlement agreement. Plaintiffs asserted that defendants were in noncompliance because there were still too few intensive community services for children with complex needs, no quality management system, inadequate substance abuse services , inadequate training, a lack of promised benefits for youth aged eighteen to twenty-one, and no system for determining whether children were being served according to the settlement agreement. The defendants objected, arguing that the plaintiffs had failed to use the agreement's dispute resolution process, and that as a result the entire case should be terminated. In September 2010, the Court denied the defendant's motion to dismiss and denied the plaintiff's motion to enforce. The plaintiff re-urged the Court to enforce the settlement, and defendant moved again to dismiss the case and terminate the Court's jurisdiction. In February 2012, the Court again denied the motions. Furthermore, because the parties could not resolve the matter through mediation, the Court recommended appointment of a Special Master.

The Court outlined that the Special Master was to issue a written report recommending to the Court a resolution of the parties' differences concerning the interpretation of the Settlement Agreement and to recommend how to proceed in resolving any disputes arising under the Agreement if necessary. On November 15, 2012, the Court (Judge A. Wallace Tashima) signed an order appointing Justice Ruth V. McGregor as Special Master.

On May 17, 2013, the Special Master submitted the Special Master’s Report and Recommendation to the Court. The Special Master recommended that the Court limit the disputes for resolution to the issues expressly raised in plaintiffs’ March 2009 letter. The Special Master determined that the defendants had complied with contractual obligations related to substance abuse treatment, and that all other issues either did not raise a dispute cognizable under the Settlement Agreement or required factual development.

On July 9, 2013, Judge Tashima Adopted Special Master’s Report and Recommendation and granted Motion Special Master’s Application for Compensation, requiring the defendants to pay 100% of the Special Master’s fee.

Parties continued litigation until March 12, 2014, when plaintiffs filed Notice of Withdrawal of Motion for Enforcement of Settlement Agreement. On March 21, 2014, Judge Tashima granted the parties’ Joint Motion to Vacate Hearing and Dismiss Litigation, and the case was dismissed without prejudice.

Summary Authors

Elizabeth Homan (11/28/2012)

Frances Hollander (2/14/2016)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/5269110/parties/john-doe-v-symington/


Judge(s)

Roll, John McCarthy (Arizona)

Tashima, Atsushi Wallace (California)

Attorneys(s) for Plaintiff

Barkoff, Alison (District of Columbia)

Barnett, George Salazar (Arizona)

Burnim, Ira Abraham (District of Columbia)

Bussiere, Alice (California)

Cohen, Leslie J. (District of Columbia)

Coulon, Robbin Michelle (Arizona)

Epstein, Dena Rose (Arizona)

Finberg, Jeanne (California)

Judge(s)

Roll, John McCarthy (Arizona)

Tashima, Atsushi Wallace (California)

Attorneys(s) for Plaintiff

Barkoff, Alison (District of Columbia)

Barnett, George Salazar (Arizona)

Burnim, Ira Abraham (District of Columbia)

Bussiere, Alice (California)

Cohen, Leslie J. (District of Columbia)

Coulon, Robbin Michelle (Arizona)

Epstein, Dena Rose (Arizona)

Finberg, Jeanne (California)

Gardner, Patrick (California)

Giliberti, Mary (District of Columbia)

Graff, Julia (District of Columbia)

Hogan, Timothy Michael (Arizona)

LeMaire, Kerstin Gramatzki (Arizona)

McGarry, Joseph E (Arizona)

Michelson, Michelle S. (Arizona)

Morris, William Eric (Arizona)

Mudryk, Andrew M. (Arizona)

Myers, Edward Leo (Arizona)

Palamountain, Kathryn C. (California)

Read, Emily B. (District of Columbia)

Ronan, Anne (Arizona)

Samuels, Bruce (Arizona)

Sutton, Jared Lynn (Arizona)

Varma, Asim (Arizona)

Weiss, Jon David (Arizona)

Attorneys(s) for Defendant

Baldino, Helen M. (Arizona)

Bond, Caroline Eileen (Arizona)

Ching, Anthony B. (Arizona)

Devlin, Matthew Joseph (Arizona)

Federhar, Andrew Mark (Arizona)

Garrahan, Melinda (Arizona)

Good, Coni R. (Arizona)

Honig, Gregory David (Arizona)

Horne, Thomas C. (Arizona)

Johnston, Logan T. (Arizona)

Leeson, Amy Jo (Arizona)

McDonough, Lawrence (Arizona)

Niederdeppe, David L. (Arizona)

Plumb, Catherine Dodd (Arizona)

Ray, Kevin D. (Arizona)

Sammons, Winn L. (Arizona)

Shein, Margo F. (Arizona)

Sorce, Robert J (Arizona)

Steen, Paul E. (Arizona)

Expert/Monitor/Master

McGregor, Ruth (Arizona)

Documents in the Clearinghouse

Document

4:91-cv-00261

Docket (PACER)

John Doe v. Symington

Aug. 13, 2014

Aug. 13, 2014

Docket
142

4:91-cv-00261

Opinion

J.K. v. Dillenberg

Oct. 7, 1993

Oct. 7, 1993

Order/Opinion

4:91-cv-00261

Settlement Agreement (Class Action)

March 1, 2001

March 1, 2001

Settlement Agreement

4:91-cv-00261

Letter to the State Regarding the Need for Data Collection and Reporting

Sept. 17, 2003

Sept. 17, 2003

Correspondence

4:91-cv-00261

Letter Invoking Dispute Resolution Provisions of the Settlement Agreement

Jan. 9, 2006

Jan. 9, 2006

Correspondence
443

4:91-cv-00261

Stipulation to Amend Settlement Agreement

Nov. 21, 2006

Nov. 21, 2006

Settlement Agreement

4:91-cv-00261

Letter Expressing Concerns About the State’s Proposed Quality Management System

Feb. 12, 2007

Feb. 12, 2007

Correspondence

4:91-cv-00261

Letter Regarding the State’s Plan for Development of Community-Based Direct Supports

March 21, 2007

March 21, 2007

Correspondence

4:91-cv-00261

Letter Expressing Concerns About the State’s Three-Year Plan

April 4, 2007

April 4, 2007

Correspondence

4:91-cv-00261

Letter Expressing Concerns About the State’s Quality Management System

May 21, 2008

May 21, 2008

Correspondence

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5269110/john-doe-v-symington/

Last updated Jan. 21, 2023, 3:05 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT FILED AND SUMMONS ISSUED (former emp) (Entered: 05/15/1991)

May 8, 1991

May 8, 1991

PACER
2

MOTION for leave to proceed in pseudonym by plaintiff [2-1] (former emp) (Entered: 05/15/1991)

May 9, 1991

May 9, 1991

PACER
3

MEMORANDUM IN SUPPORT by plaintiff motion for leave to proceed in pseudonym by plaintiff [2-1] [2-1] (former emp) (Entered: 05/15/1991)

May 9, 1991

May 9, 1991

PACER
4

RETURN OF SERVICE EXECUTED personally by defendant Richard Wilson on 5/9/91 (former emp) (Entered: 05/15/1991)

May 13, 1991

May 13, 1991

PACER
5

RETURN OF SERVICE EXECUTED personally by defendant Kathryn Graybill on 5/9/91 (former emp) (Entered: 05/15/1991)

May 13, 1991

May 13, 1991

PACER
6

RETURN OF SERVICE EXECUTED personally by defendant Miriam Kyle on 5/9/91 (former emp) (Entered: 05/15/1991)

May 13, 1991

May 13, 1991

PACER
7

RETURN OF SERVICE EXECUTED personally by defendant Gary E Ackerson on 5/10/91 (former emp) (Entered: 05/16/1991)

May 15, 1991

May 15, 1991

PACER
8

RETURN OF SERVICE EXECUTED personally by defendant Leonard Kirshner on 5/9/91 (former emp) (Entered: 05/21/1991)

May 20, 1991

May 20, 1991

PACER
9

RETURN OF SERVICE EXECUTED personally by defendant Boyd Dover on 5/9/91 (former emp) (Entered: 05/21/1991)

May 20, 1991

May 20, 1991

PACER
10

RETURN OF SERVICE EXECUTED personaly by defendant Ted Williams on 5/9/91 (former emp) (Entered: 05/21/1991)

May 20, 1991

May 20, 1991

PACER
11

RETURN OF SERVICE EXECUTED personally by defendant Fife Symington on 5/9/91 (former emp) (Entered: 05/21/1991)

May 20, 1991

May 20, 1991

PACER
12

RETURN OF SERVICE EXECUTED personally by defendant Carol Hurtt on 5/9/91 (former emp) (Entered: 05/21/1991)

May 20, 1991

May 20, 1991

PACER
13

RETURN OF SERVICE EXECUTED personally by defendant Linda Moore-Cannon on 5/9/91 (former emp) (Entered: 05/21/1991)

May 20, 1991

May 20, 1991

PACER
14

RETURN OF SERVICE EXECUTED personally by defendant C Diane Bishop on 5/9/91 (former emp) (Entered: 05/21/1991)

May 20, 1991

May 20, 1991

PACER
15

RETURN OF SERVICE EXECUTED personally by defendant William L McDonald on 5/9/91 (former emp) (Entered: 05/21/1991)

May 20, 1991

May 20, 1991

PACER
16

ORDER by Judge Richard M. Bilby granting motion for leave to proceed in pseudonym by plaintiff [2-1] (cc: all counsel) (former emp) (Entered: 05/24/1991)

May 23, 1991

May 23, 1991

PACER
17

ANSWER by defendant Linda Moore-Cannon (ADEC) (former emp) (Entered: 07/25/1991)

July 22, 1991

July 22, 1991

PACER
18

STIPULATION to exttm to ans (former emp) (Entered: 07/29/1991)

July 25, 1991

July 25, 1991

PACER
19

ORDER by Judge Richard M. Bilby granting stipulation to exttm to file answer to complaint until 8/5/91 (cc: all counsel) (former emp) (Entered: 08/05/1991)

July 30, 1991

July 30, 1991

PACER
20

ANSWER by defendant William L McDonald, defendant Ted Williams, defendant Boyd Dover, defendant Linda Moore-Cannon, defendant C Diane Bishop, defendant Carol Hurtt, defendant Richard Wilson, defendant Kathryn Graybill (former emp) (Entered: 08/08/1991)

Aug. 5, 1991

Aug. 5, 1991

PACER
21

MOTION dismiss by defendant Fife Symington [21-1] (former emp) (Entered: 08/08/1991)

Aug. 5, 1991

Aug. 5, 1991

PACER
22

MEMORANDUM IN SUPPORT by defendant Fife Symington motion dismiss by defendant Fife Symington [21-1] [21-1] (former emp) (Entered: 08/08/1991)

Aug. 5, 1991

Aug. 5, 1991

PACER
23

MOTION dismiss by defendant Gary E Ackerson, defendant Miriam Kyle [23-1] (former emp) (Entered: 08/09/1991)

Aug. 6, 1991

Aug. 6, 1991

PACER
24

NOTICE OF HEARING setting motion dismiss by defendant Gary E Ackerson, defendant Miriam Kyle [23-1] at 1:00 10/15/91 (former emp) (Entered: 08/09/1991)

Aug. 6, 1991

Aug. 6, 1991

PACER
25

STIPULATION for ext of time to resp to mot to dism dfts Ackerson & Kyle (former emp) (Entered: 08/23/1991)

Aug. 20, 1991

Aug. 20, 1991

PACER
26

ORDER by Judge Richard M. Bilby granting stipulation to provide pla until 8/30/91 to file resp to Mot to Dism(cc: all counsel) (former emp) (Entered: 08/23/1991)

Aug. 21, 1991

Aug. 21, 1991

PACER
27

ANSWER by defendant Leonard Kirshner (former emp) (Entered: 08/28/1991)

Aug. 23, 1991

Aug. 23, 1991

PACER
28

RESPONSE by plaintiff to motion dismiss by defendant Gary E Ackerson, defendant Miriam Kyle [23-1] (former emp) (Entered: 09/03/1991)

Aug. 30, 1991

Aug. 30, 1991

PACER
29

REPLY by Gary E Ackerson, Miriam Kyle to motion dismiss by defendant Gary E Ackerson, defendant Miriam Kyle [23-1] [23-1] (former emp) (Entered: 09/16/1991)

Sept. 13, 1991

Sept. 13, 1991

PACER
30

MINUTE ENTRY Judge Inits: (RMB) Crt Rptr: granting motion dismiss by defendant Fife Symington [21-1] party Fife Symington dism. See m/e for details (cc: all counsel) (former emp) (Entered: 09/19/1991)

Sept. 18, 1991

Sept. 18, 1991

PACER
31

NOTICE OF HEARING by plaintiff setting motion dismiss by defendant Gary E Ackerson, defendant Miriam Kyle [23-1] at 1:45 10/21/91 (former emp) (Entered: 09/26/1991)

Sept. 25, 1991

Sept. 25, 1991

PACER
32

MINUTE ENTRY Judge Inits: RMB Crt Rptr: John Davis HRG held Teleph ORD denying motion dismiss by deft Ackerson and Miriam Kyle [23-1] amend complaint by 1/10/92, case stayed until 1/10/92, (cc: all counsel) (VDA) (Entered: 10/21/1991)

Oct. 21, 1991

Oct. 21, 1991

PACER
33

MOTION to stay by plaintiff [33-1] (former emp) (Entered: 01/07/1992)

Jan. 6, 1992

Jan. 6, 1992

PACER
34

MINUTE ENTRY Judge Inits: (RMB) Crt Rptr: granting motion to stay by plaintiff [33-1], case stayed until 2/10/92 (cc: all counsel) (former emp) (Entered: 01/10/1992)

Jan. 8, 1992

Jan. 8, 1992

PACER
35

MOTION to substitute attorney by plaintiff [35-1] (re Jenny Moon-Hobbas as next friend) (former emp) (Entered: 02/11/1992)

Feb. 10, 1992

Feb. 10, 1992

PACER
36

MOTION to substitute attorney by plaintiff [36-1] (re Harold Wernes as next friend) (former emp) (Entered: 02/11/1992)

Feb. 10, 1992

Feb. 10, 1992

PACER
37

MOTION to substitute attorney by plaintiff [37-1] (re Sonja Simms as next friend) (former emp) (Entered: 02/11/1992)

Feb. 10, 1992

Feb. 10, 1992

PACER
38

MOTION to substitute attorney by plaintiff [38-1] (re Louise Walls as next friend) (former emp) (Entered: 02/11/1992)

Feb. 10, 1992

Feb. 10, 1992

PACER
39

MOTION to substitute attorney by plaintiff [39-1] ana Dawson as next friend) (former emp) (Entered: 02/11/1992)

Feb. 10, 1992

Feb. 10, 1992

PACER
40

MOTION to substitute attorney by plaintiff [40-1] (re Regina Koch as next friend) (former emp) (Entered: 02/11/1992)

Feb. 10, 1992

Feb. 10, 1992

PACER
41

ORDER by Judge Richard M. Bilby granting motion to substitute attorney by plaintiff [35-1 thru 40-1] attorney George Salazar Barnett for SEALED 1 and substituting attorney Leslie J Cohen (former emp) (Entered: 02/12/1992)

Feb. 11, 1992

Feb. 11, 1992

PACER
42

MOTION dismiss claims by plaintiff [42-1], and to amend complaint by plaintiff [42-2] (former emp) (Entered: 02/18/1992)

Feb. 12, 1992

Feb. 12, 1992

PACER
43

NOTICE by defendant Leonard Kirshner of service of 1st set of interrogs and req for adms and for prod of documents (former emp) (Entered: 02/21/1992)

Feb. 20, 1992

Feb. 20, 1992

PACER
44

RESPONSE by defendant Leonard Kirshner to motion to amend complaint by plaintiff [42-2] (former emp) (Entered: 02/21/1992)

Feb. 20, 1992

Feb. 20, 1992

PACER
52

NOTICE by plaintiff of service of non-unif interrogs and req for adms (former emp) (Entered: 03/25/1992)

Feb. 24, 1992

Feb. 24, 1992

PACER
45

MINUTE ENTRY Judge Inits: (RMB_ Crt Rptr: status hearing set 3/31/92 at 9:00 am b/f law clerk See m/e for details (cc: all counsel) (former emp) (Entered: 03/05/1992)

March 3, 1992

March 3, 1992

PACER
46

ORDER by Judge Richard M. Bilby granting motion dismiss claims by plaintiff [42-1] granting motion to amend complaint by plaintiff [42-2] dismissing party Kathryn Graybill, party Miriam Kyle, party Gary E Ackerson, party Richard Wilson, party Carol Hurtt, party C Diane Bishop, party Linda Moore-Cannon, party William L McDonald (cc: all counsel) (former emp) (Entered: 03/09/1992)

March 5, 1992

March 5, 1992

PACER
47

AMENDED COMPLAINT by plaintiff [1-1] terminating defendant Boyd Dover, defendant Ted Williams; adding Alethia Caldwell, Jerome Breen (former emp) (Entered: 03/09/1992)

March 5, 1992

March 5, 1992

PACER
48

NOTICE by plaintiff of service of 1st amd cmplt (former emp) (Entered: 03/16/1992)

March 12, 1992

March 12, 1992

PACER
49

ANSWER by defendant Leonard Kirshner (former emp) (Entered: 03/19/1992)

March 18, 1992

March 18, 1992

PACER
50

NOTICE by plaintiff of serv of req for prod and non-unif interrogs (former emp) (Entered: 03/23/1992)

March 20, 1992

March 20, 1992

PACER
51

NOTICE by plaintiff of service of req for prod and non-unif interrogs (dfts Caldwell & Breen) (former emp) Modified on 04/02/1992 (Entered: 03/23/1992)

March 20, 1992

March 20, 1992

PACER
53

ANSWER by defendant Alethia Caldwell, defendant Jerome Breen (former emp) (Entered: 04/01/1992)

March 31, 1992

March 31, 1992

PACER
54

MINUTE ENTRY Judge Inits: (RMB) status report due 4/14/92 & 8/14/92, ptys to excg and file wit lsts by 6/22/92 pretrial order ddl 9/3/92 at 5:00 pm discovery ddl and dispositive motions ddl 8/3/92 (cc: all counsel) (former emp) (Entered: 04/03/1992)

April 1, 1992

April 1, 1992

PACER
55

NOTICE by defendant Leonard Kirshner OF TAKING DEPO OF Steve Vitali on the following date(s): 5/4/92 at 9:00 am (former emp) (Entered: 04/08/1992)

April 7, 1992

April 7, 1992

PACER
56

NOTICE by defendant Leonard Kirshner OF TAKING DEPO OF Maria Hoffman on the following date(s): 5/6/92 at 9:00 am (former emp) (Entered: 04/08/1992)

April 7, 1992

April 7, 1992

PACER
57

AMENDED NOTICE by defendant Leonard Kirshner OF TAKING DEPO OF Maria on the following date(s): 5/13/92 at 9:00 am (former emp) (Entered: 04/08/1992)

April 7, 1992

April 7, 1992

PACER
58

AMENDED NOTICE by defendant Leonard Kirshner OF TAKING DEPO OF Stve Vitali on the following date(s): 5/11/92 at 9:00 am (former emp) (Entered: 04/08/1992)

April 7, 1992

April 7, 1992

PACER
59

NOTICE by Leonard Kirshner of Service of ans to pla's 1st req for prod of documents & non-unif interrogs (former emp) (Entered: 04/16/1992)

April 16, 1992

April 16, 1992

PACER
60

NOTICE by defendant of srvc of discovery papers. (former emp) (Entered: 04/23/1992)

April 22, 1992

April 22, 1992

PACER
61

JOINT MOTION to extend time deadlines by pla, dft [61-1] (former emp) (Entered: 06/18/1992)

June 16, 1992

June 16, 1992

PACER
62

MINUTE ENTRY Judge Inits: (RMB) granting motion to extend time deadlines by pla, dft [61-1] proposed PTO (42c) vacated, status hearing reset to 10/6/92 at 9:00 am (cc: all counsel) (former emp) (Entered: 06/26/1992)

June 24, 1992

June 24, 1992

PACER
63

MINUTE ENTRY Judge Inits: (RMB) status hearing held, status report due 11/6/92 (cc: all counsel) (former emp) (Entered: 10/09/1992)

Oct. 8, 1992

Oct. 8, 1992

PACER
64

MINUTE ENTRY Judge Inits: (RMB) status report due 12/16/92 or matter wil be set for ct status (cc: all counsel) (former emp) (Entered: 12/09/1992)

Dec. 7, 1992

Dec. 7, 1992

PACER
65

STIPULATION to extend disc ddls (former emp) (Entered: 12/10/1992)

Dec. 8, 1992

Dec. 8, 1992

PACER
66

MINUTE ENTRY Judge Inits: (RMB) granting stipulation tht aall disc is this matter is stayed status hearing set for 3/15/93 at 1:00 (cc: all counsel) (former emp) (Entered: 12/15/1992)

Dec. 10, 1992

Dec. 10, 1992

PACER
67

MINUTE ENTRY Judge Inits: (RMB) ORD m/e of 12/8/92 is amd to reflect status hearing set for 3/15/93 at 9:00 (cc: all counsel) (former emp) (Entered: 12/15/1992)

Dec. 14, 1992

Dec. 14, 1992

PACER
68

MINUTE ENTRY Judge Inits: RMB wit list ddl 8/16/93; discovery ddl 10/1/93; dispositive motions ddl 11/1/93; pretrial conference ddl 12/1/93 (cc: all counsel) (former emp) (Entered: 03/15/1993)

March 15, 1993

March 15, 1993

PACER
69

ATTORNEY APPEARANCE for dft Alethia Caldwell by Andrew Mark Federhar (former emp) (Entered: 03/22/1993)

March 19, 1993

March 19, 1993

PACER
70

MOTION to amend complaint by pla [70-1] (former emp) (Entered: 03/29/1993)

March 25, 1993

March 25, 1993

PACER
71

MOTION to certify class action by pla [71-1] (former emp) (Entered: 03/29/1993)

March 25, 1993

March 25, 1993

PACER
72

MOTION to exceed the page limit re: mtn for pt sum jgm by pla [72-1] (former emp) (Entered: 03/29/1993)

March 25, 1993

March 25, 1993

PACER
73

MOTION TO SEAL exhs attached to stmnt of facts in suppt of mtn for pt sum jgm by pla [73-1] (former emp) (Entered: 03/29/1993)

March 25, 1993

March 25, 1993

PACER

LODGED plas' mtn for pt sum jgm, stmt of facts (former emp)

March 25, 1993

March 25, 1993

PACER
74

MINUTE ENTRY Judge Inits: (RMB) Case reassigned to Judge John M. Roll (with notice sent) (cc: all counsel) (former emp) (Entered: 03/30/1993)

March 29, 1993

March 29, 1993

PACER
75

MOTION to extend time to resp to pla's mtn to amd and mtn for class cert by Alethia Caldwell, Jerome Breen [75-1] (former emp) (Entered: 04/01/1993)

March 31, 1993

March 31, 1993

PACER
76

JOINDER by dft Leonard Kirshner to mtn for extt of time filed by co-dfts [75-1] (former emp) (Entered: 04/07/1993)

April 5, 1993

April 5, 1993

PACER
77

MINUTE ENTRY Judge Inits: (JMR) status hearing set for 4/20/93 at 1:30 (cc: all counsel) (former emp) (Entered: 04/13/1993)

April 8, 1993

April 8, 1993

PACER
78

RESPONSE by pla to motion to extend time to resp to pla's mtn to amd and mtn for class cert by Alethia Caldwell, Jerome Breen [75-1] (former emp) (Entered: 04/13/1993)

April 8, 1993

April 8, 1993

PACER
79

MINUTE ENTRY Judge Inits: (JMR) granting motion to extend time to resp to pla's mtn to amd and mtn for class cert by Alethia Caldwell, Jerome Breen [75-1] only until such time as ct has the opportunity to meet w/all cnsl and discuss certain pending issues status hearing reset for 4/20/93 at 8:30 (cc: all counsel) (former emp) (Entered: 04/13/1993)

April 8, 1993

April 8, 1993

PACER
80

RESPONSE by dft Leonard Kirshner to mtn TO SEAL exhs attached to stmnt of facts in suppt of mtn for pt sum jgm by pla [73-1], mtn to exceed the page limit re: mtn for pt sum jgm by pla [72-1] (former emp) (Entered: 04/15/1993)

April 9, 1993

April 9, 1993

PACER
81

REPLY by Alethia Caldwell, Jerome Breen to motion response to dft Caldwells and Breen's mtn to exttm to resp to class cert (former emp) (Entered: 04/20/1993)

April 19, 1993

April 19, 1993

PACER
82

ORDER by Judge John M. Roll granting motion TO SEAL exhs attached to stmnt of facts in suppt of mtn for pt sum jgm by pla [73-1], granting motion to exceed the page limit re: mtn for pt sum jgm by pla [72-1], setting motion to certify class action by pla [71-1] at 11:00 6/21/93, granting motion to amend complaint by pla [70-1] FUR ORD dfts have until 6/7/93 to file resp to pla's mtn for pt sum jgm. Hrg to be held 7/19/93 at 9:00 (see ord for furth details) (cc: all counsel) (former emp) (Entered: 04/27/1993)

April 21, 1993

April 21, 1993

PACER
83

MOTION for partial summary judgment by pla [83-1] (former emp) (Entered: 04/27/1993)

April 21, 1993

April 21, 1993

PACER
84

(SEALED) STATEMENT OF FACTS by pla re motion for partial summary judgment by pla [83-1] (former emp) (Entered: 04/27/1993)

April 21, 1993

April 21, 1993

PACER
85

2ND AMENDED COMPLAINT by pla [47-1], [1-1] terminating dft Jerome Breen, dft Alethia Caldwell; adding Jack Dillenberg, Charles Carbone (former emp) (Entered: 04/28/1993)

April 26, 1993

April 26, 1993

PACER
86

MINUTE ENTRY Judge Inits: (JMR) resetting motion for partial summary judgment by pla [83-1] at 9:00 8/2/93 (cc: all counsel) (former emp) (Entered: 05/03/1993)

April 28, 1993

April 28, 1993

PACER
87

MOTION to dismiss case by dft Leonard Kirshner [87-1] (former emp) (Entered: 05/18/1993)

May 11, 1993

May 11, 1993

PACER
88

NOTICE by pla of req for prod of docus, non uni interrogs (former emp) (Entered: 05/20/1993)

May 19, 1993

May 19, 1993

PACER
89

MINUTE ENTRY Judge Inits: (JMR) ORD tht all litigation ddls are vacated until such time as the ct rules on the pending disp mtns (cc: all counsel) (former emp) (Entered: 05/20/1993)

May 19, 1993

May 19, 1993

PACER
90

RESPONSE to motion by Jack Dillenberg, Charles Carbone and CROSS-MOTION for subclass determination by Jack Dillenberg, Charles Carbone [90-1] (RE: [71-1] ) (former emp) (Entered: 05/24/1993)

May 20, 1993

May 20, 1993

PACER
91

ANSWER by Jack Dillenberg, Charles Carbone (former emp) (Entered: 05/24/1993)

May 21, 1993

May 21, 1993

PACER
92

JOINDER by Jack Dillenberg, Charles Carbone to Kirschner's mtn to dism [87-1] and mtn to dism (former emp) (Entered: 05/24/1993)

May 21, 1993

May 21, 1993

PACER
93

STATEMENT OF FACTS by Jack Dillenberg, Charles Carbone re motion dismiss by Jack Dillenberg, Charles Carbone [92-1] (former emp) (Entered: 05/24/1993)

May 21, 1993

May 21, 1993

PACER
94

MEMORANDUM IN SUPPORT by Jack Dillenberg, Charles Carbone of motion dismiss by Jack Dillenberg, Charles Carbone [92-1] (former emp) (Entered: 05/24/1993)

May 21, 1993

May 21, 1993

PACER
95

NOTICE by Jack Dillenberg, Charles Carbone of filing original afdt of Aimee Schwartz (former emp) (Entered: 05/24/1993)

May 21, 1993

May 21, 1993

PACER
96

JOINDER by dft to resp to mtn for class cert and x-mtn for subclass determination [90-2] (former emp) (Entered: 05/26/1993)

May 24, 1993

May 24, 1993

PACER
97

MOTION to subst exhs by Jack Dillenberg, Charles Carbone [97-1] (former emp) (Entered: 06/03/1993)

June 1, 1993

June 1, 1993

PACER
98

RESPONSE to motion by dft Jack Dillenberg, dft Charles Carbone and CROSS-MOTION for partial summary judgment by dft Jack Dillenberg, dft Charles Carbone [98-1] (RE: [83-1] (former emp) (Entered: 06/07/1993)

June 4, 1993

June 4, 1993

PACER
99

MEMORANDUM by dft Jack Dillenberg, dft Charles Carbone in sup of resp to mtn for psumjgm and x/mtn for psumjgm. (former emp) (Entered: 06/07/1993)

June 4, 1993

June 4, 1993

PACER

Case Details

State / Territory: Arizona

Case Type(s):

Child Welfare

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: May 8, 1991

Closing Date: March 21, 2014

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All persons under age 21 who are eligible for Title XIX behavioral health services in the State of Arizona

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

NDRN/Protection & Advocacy Organizations

Bazelon Center

National Center for Youth Law

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Arizona, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

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

Available 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

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 1.2 million

Order Duration: 2001 - 2010

Content of Injunction:

Reasonable Accommodation

Other requirements regarding hiring, promotion, retention

Implement complaint/dispute resolution process

Monitor/Master

Auditing

Monitoring

Issues

General:

Education

Government services

Juveniles

Placement in mental health facilities

Public assistance grants

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

Reassessment and care planning

Special education

Discrimination-basis:

Disability (inc. reasonable accommodations)

Affected Sex or Gender:

Female

Male

Disability:

disability, unspecified

Mental Disability:

Intellectual/developmental disability, unspecified

Learning disability

Mental Illness, Unspecified

Medical/Mental Health:

Medical care, general

Medical care, unspecified

Type of Facility:

Government-run

Benefit Source:

SSDI