Case: M.R. v. Dreyfus

2:10-cv-02052 | U.S. District Court for the Western District of Washington

Filed Date: Dec. 23, 2010

Closed Date: Sept. 20, 2013

Clearinghouse coding complete

Case Summary

This federal lawsuit is a challenge to a reduction in in-home personal care hours provided to eligible Medicaid recipients in Washington. The plaintiffs in this case were individuals with disabilities who receive in-home personal care and would risk institutionalization if the amount of in-home care is insufficient to meet their care needs (which were determined by the state's individualized assessment process under Medicaid). There are also three organizational plaintiffs which serve individua…

This federal lawsuit is a challenge to a reduction in in-home personal care hours provided to eligible Medicaid recipients in Washington. The plaintiffs in this case were individuals with disabilities who receive in-home personal care and would risk institutionalization if the amount of in-home care is insufficient to meet their care needs (which were determined by the state's individualized assessment process under Medicaid). There are also three organizational plaintiffs which serve individuals with disabilities in Washington.

After Washington announced its reduction of care hours (deemed necessary to control state spending), the plaintiffs filed a complaint in the U.S. District Court for the Western District of Washington on December 23, 2010 and sought to prevent the reductions from taking effect by filing an accompanying motion for a temporary restraining order and preliminary injunction. On December 30, District Judge Thomas S. Zilly denied the motion for a temporary restraining order. The United States filed a statement of interest supporting the plaintiffs' motion for preliminary injunction in January 2011. After some scheduling issues and minor motions, Judge Zilly denied the plaintiffs' motion for preliminary injunction on February 9, 2011. The plaintiffs then appealed this decision to the U.S. Court of Appeals for the Ninth Circuit.

In December 2011, Judge William Fletcher, writing for a 2-1 majority, reversed the District Court's denial of the plaintiff's motion for preliminary injunction. Judge Fletcher's opinion held that the plaintiffs had demonstrated a likelihood of success on the merits of their ADA claims, and that they would suffer irreparable harm without an injunction. In June 2012, the Ninth Circuit declined to rehear the case en banc.

In October 2012, Washington Governor Christine Gregoire (press release) decided not to appeal the denial of preliminary injunction to the U.S. Supreme Court, thanks in part to an advocacy effort on the part of disability rights organizations.

On May 23, 2013, defendants moved for partial summary judgment on the Due Process claims. Plaintiffs filed a cross-motion for partial summary judgment on June 17. The parties jointly moved to withdraw their motions on July 18, 2013 to engage in settlement discussions aimed at resolving the case. The court granted their joint motion on July 22. The parties reached a settlement agreement, and the court dismissed the case on September 20, 2013, leaving open the option for parties to reopen the case within 60 days. Since neither party did so, the case is presumably closed. The exact terms of the settlement agreement are unknown.

Summary Authors

Beth Kurtz (11/9/2012)

Elizabeth Heise (11/11/2018)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4410752/parties/mr-v-dreyfus/


Judge(s)

Bea, Carlos T. (California)

Fletcher, William A. (California)

Rawlinson, Johnnie B. (Nevada)

Reinhardt, Stephen Roy (California)

Zilly, Thomas Samuel (Washington)

Attorneys(s) for Plaintiff

Berzon, Stephen P. (California)

Brenneke, Andrea (Washington)

Cervantez, Eve Hedy (California)

Frank, Katrin E. (Washington)

Leyton, Stacey (Washington)

Judge(s)

Bea, Carlos T. (California)

Fletcher, William A. (California)

Rawlinson, Johnnie B. (Nevada)

Reinhardt, Stephen Roy (California)

Zilly, Thomas Samuel (Washington)

Attorneys(s) for Plaintiff

Berzon, Stephen P. (California)

Brenneke, Andrea (Washington)

Cervantez, Eve Hedy (California)

Frank, Katrin E. (Washington)

Leyton, Stacey (Washington)

Murray, Matthew J (California)

Attorneys(s) for Defendant

Bashford, Jonathon (Washington)

Dee, Edward Joseph (Washington)

Egeler, Anne Elizabeth (Washington)

McIlhenny, John K (Washington)

McKenna, Robert M. (Washington)

Rush, Regan (District of Columbia)

Stephens, William T. (Washington)

Work, William Bruce (Washington)

Other Attorney(s)

Bailey, Regan Monica (Maryland)

Bird, Melinda R. (California)

Bobroff, Rochelle (District of Columbia)

Brown, Gregory David (California)

Perkins, Martha Jane (North Carolina)

Expert/Monitor/Master

Ferguson, Robert W. (Washington)

Documents in the Clearinghouse

Document

Docket

Jan. 30, 2018 Docket
11

Motion for Temporary Restraining Order and Preliminary Injunction

Dec. 23, 2010 Pleading / Motion / Brief
61

Amended Complaint for Declaratory and Injunctive Relief

Dec. 31, 2010 Complaint
76

Order Denying Temporary Restraining Order

2011 WL 31553

Jan. 5, 2011 Order/Opinion
95

Motion for Preliminary Injunction

Jan. 21, 2011 Pleading / Motion / Brief
171

Order Denying Preliminary Injunction

767 F.Supp.2d 1149

Feb. 9, 2011 Order/Opinion

Ninth Circuit Opinion

U. S. Court of Appeals for the Ninth Circuit

663 F.3d 1100

Dec. 16, 2011 Order/Opinion

Order Amending Opinion and Denying Rehearing

U. S. Court of Appeals for the Ninth Circuit

697 F.3d 706, 2012 WL 2218824

June 18, 2012 Order/Opinion
269

Defendants' Motion for Partial Summary Judgment On Due Process Claims (GRANTED)

May 23, 2013 Pleading / Motion / Brief

Resources

Title Description External URL

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4410752/mr-v-dreyfus/

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

ECF Number Description Date Link
1

Complaint

Dec. 21, 2010 RECAP
2

Praecipe for a Summons

Dec. 21, 2010 PACER
3

Praecipe for a Summons

Dec. 21, 2010 PACER
4

Application for Leave to Appear Pro Hac Vice

Dec. 22, 2010 PACER
5

Order on Application for Leave to Appear Pro Hac Vice

Dec. 22, 2010 PACER
6

Summons Issued

1 Summons

View on PACER

Dec. 22, 2010 PACER
7

Civil Cover Sheet

Dec. 22, 2010 PACER
8

Order Reassigning Case

Dec. 22, 2010 PACER
9

Notice of Appearance

Dec. 23, 2010 PACER
10

Motion to Seal

1 Proposed Order

View on PACER

Dec. 23, 2010 PACER
11

Motion for TRO

1 Exhibit A

View on PACER

2 Proposed Order

View on PACER

Dec. 23, 2010 RECAP
12

Declaration

1 Exhibit 1

View on PACER

2 Exhibit 1A

View on PACER

3 Exhibit 1B

View on PACER

4 Exhibit 1C

View on PACER

5 Exhibit 1D

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6 Exhibit 2

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7 Exhibit 3

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8 Exhibit 4

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9 Exhibit 5

View on PACER

Dec. 23, 2010 PACER
13

Exhibit

1 Exhibit 6 part 1

View on PACER

2 Exhibit 6 part 2

View on PACER

3 Exhibit 7

View on PACER

4 Exhibit 8

View on PACER

Dec. 23, 2010 PACER
14

Exhibit

1 Exhibit 9 part 1

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2 Exhibit 9 part 2

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3 Exhibit 9 part 3

View on PACER

Dec. 23, 2010 PACER
15

Exhibit

1 Exhibit 10 part 1

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2 Exhibit 10 part 2

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3 Exhibit 10 part 3

View on PACER

Dec. 23, 2010 PACER
16

Exhibit

1 Exhibit 11 part 1

View on PACER

2 Exhibit 11 part 2

View on PACER

3 Exhibit 11 part 3

View on PACER

4 Exhibit 11 part 4

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5 Exhibit 11 part 5

View on PACER

Dec. 23, 2010 PACER
17

Exhibit

1 Exhibit 12 part 1

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2 Exhibit 12 part 2

View on PACER

3 Exhibit 13

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4 Exhibit 14

View on PACER

5 Exhibit 15

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6 Exhibit 16

View on PACER

Dec. 23, 2010 PACER
18

Declaration

1 Exhibit 1

View on PACER

2 Exhibit 2

View on PACER

3 Exhibit 3

View on PACER

Dec. 23, 2010 PACER
19

Declaration

1 Exhibit 1

View on PACER

2 Exhibit 2

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3 Exhibit 3

View on PACER

Dec. 23, 2010 PACER
20

Declaration

1 Exhibit 1

View on PACER

2 Exhibit 2

View on PACER

Dec. 23, 2010 PACER
21

Declaration

1 Exhibit 1

View on PACER

Dec. 23, 2010 PACER
22

Declaration

1 Exhibit A

View on PACER

Dec. 23, 2010 PACER
23

Declaration

Dec. 23, 2010 PACER
24

Declaration

1 Exhibit A

View on PACER

Dec. 23, 2010 PACER
25

Declaration

Dec. 23, 2010 PACER
26

Sealed Document

Dec. 23, 2010 PACER
27

Sealed Document

Dec. 23, 2010 PACER
28

Sealed Document

Dec. 23, 2010 PACER
29

Sealed Document

Dec. 23, 2010 PACER
30

Sealed Document

Dec. 23, 2010 PACER
31

Sealed Document

Dec. 23, 2010 PACER
32

Sealed Document

Dec. 23, 2010 PACER
33

Sealed Document

Dec. 23, 2010 PACER
34

Sealed Document

Dec. 23, 2010 PACER
35

Sealed Document

Dec. 23, 2010 PACER
36

Sealed Document

Dec. 23, 2010 PACER
37

Sealed Document

Dec. 23, 2010 PACER
38

Sealed Document

Dec. 23, 2010 PACER
39

Sealed Document

Dec. 23, 2010 PACER
40

Sealed Document

Dec. 23, 2010 PACER
41

Sealed Document

Dec. 23, 2010 PACER
42

Sealed Document

Dec. 23, 2010 PACER
43

Sealed Document

Dec. 23, 2010 PACER
44

Sealed Document

Dec. 23, 2010 PACER
45

Sealed Document

Dec. 23, 2010 PACER
46

Sealed Document

Dec. 23, 2010 PACER
47

Sealed Document

Dec. 23, 2010 PACER
48

Sealed Document

Dec. 23, 2010 PACER
49

Declaration

1 Exhibit A

View on PACER

Dec. 23, 2010 PACER
50

Declaration

Dec. 23, 2010 PACER
51

Declaration

Dec. 23, 2010 PACER
52

Sealed Document

Dec. 23, 2010 PACER
53

Sealed Document

Dec. 23, 2010 PACER
54

Sealed Document

Dec. 23, 2010 PACER
55

Sealed Document

Dec. 23, 2010 PACER
56

Sealed Document

Dec. 23, 2010 PACER
57

Sealed Document

Dec. 23, 2010 PACER
58

Sealed Document

Dec. 23, 2010 PACER
59

Sealed Document

Dec. 23, 2010 PACER
60

Certificate of Service

Dec. 23, 2010 PACER
61

Amended Complaint

Dec. 23, 2010 PACER
62

Motion to Certify Class

1 Proposed Order

View on PACER

Dec. 23, 2010 PACER
63

Declaration

Dec. 23, 2010 PACER
64

Declaration

Dec. 23, 2010 PACER
65

Status Conference

Dec. 28, 2010 PACER
66

Response to Motion

1 Exhibit 1-7

View on PACER

2 Exhibit 8-15

View on PACER

Dec. 28, 2010 PACER
67

Declaration

Dec. 28, 2010 PACER
68

Declaration

1 Exhibit

View on PACER

Dec. 28, 2010 PACER
69

Reply to Response to Motion

Dec. 29, 2010 PACER
70

Declaration

1 Exhibit A

View on PACER

2 Exhibit B

View on PACER

3 Exhibit C

View on PACER

4 Exhibit D

View on PACER

5 Exhibit E

View on PACER

Dec. 29, 2010 PACER
71

Declaration

Dec. 30, 2010 PACER
72

TRO Hearing

Dec. 30, 2010 PACER
73

MINUTE ORDER DENYING IN PART AND DEFERRING IN PART pltfs' 11 MOTION for Temporary Restraining Order and Preliminary Injunction ; Court denies the motion for TRO and will issue a separate order explaining its reasons as soon as possible; Court defers the motion for prelim inj pending oral argument set for 1/14/11; pltf's motion for prelim inj is renoted to 1/14/11; dfts' responses to motion for prelim inj and pltfs' motion for class certif are due 1/7/11; pltfs' replies due 1/11/11 by Judge Thomas S. Zilly. (RS)

Dec. 30, 2010 RECAP
74

Summons Returned Executed

Jan. 3, 2011 PACER
75

Notice of Filing of Official Transcript

Jan. 4, 2011 PACER
76

ORDER by Judge Thomas S. Zilly. This Order explains the Court's reasons for denying plaintiffs' motion for temporary restraining order, docket no. 11 . (CL)

Jan. 5, 2011 RECAP
77

Joint Status Report Order Form for District Judges

Jan. 6, 2011 PACER
78

Notice of Appeal

Jan. 6, 2011 PACER
79

Representation Statement

Jan. 6, 2011 PACER
80

Minute Order

Jan. 6, 2011 PACER
81

Appeal Notification Form

1 Docket

View on PACER

Jan. 7, 2011 PACER
82

USCA Scheduling Order

Jan. 7, 2011 PACER
83

Order on Motion to Seal

Jan. 10, 2011 PACER
84

Summons Returned Executed

Jan. 10, 2011 PACER
85

Notice of Appearance

Jan. 18, 2011 PACER
86

Request

1 Exhibit Attachment 1

View on PACER

Jan. 18, 2011 PACER
87

Stipulation

Jan. 19, 2011 PACER
88

Answer to Amended Complaint

Jan. 19, 2011 PACER
89

Telephone Conference

Jan. 19, 2011 PACER
90

Transcript Designation/Order Form - Appeal

Jan. 20, 2011 PACER
91

Order of USCA

Jan. 20, 2011 PACER
92

Order of USCA

Jan. 20, 2011 PACER
93

Stipulation and Order

Jan. 21, 2011 PACER
94

Motion to Seal

1 Proposed Order Granting Motion to Seal

View on PACER

Jan. 21, 2011 PACER
95

Motion for Preliminary Injunction

1 Exhibit A

View on PACER

2 Proposed Order Granting Preliminary Injunction

View on PACER

Jan. 21, 2011 RECAP
96

Sealed Document

Jan. 21, 2011 PACER
97

Sealed Document

Jan. 21, 2011 PACER
98

Sealed Document

Jan. 21, 2011 PACER
99

Sealed Document

Jan. 21, 2011 PACER
100

Sealed Document

Jan. 21, 2011 PACER

State / Territory: Washington

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Olmstead Cases

Key Dates

Filing Date: Dec. 23, 2010

Closing Date: Sept. 20, 2013

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiffs are disabled individuals who are entitled to receive a certain number of Medicaid in-home personal care service hours each month. They allege that Washington's 10% reduction of in-home care hours places them at risk of institutionalization.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

Washington State Department of Social and Health Services, State

Defendant Type(s):

Hospital/Health Department

Case Details

Causes of Action:

42 U.S.C. § 1983

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

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

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

Constitutional Clause(s):

Due Process

Supremacy Clause

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Preliminary injunction / Temp. restraining order

Unknown

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Content of Injunction:

Preliminary relief granted

Issues

General:

Deinstitutionalization/decarceration

Public assistance grants

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

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

disability, unspecified

Integrated setting

Least restrictive environment

Benefit Source:

Medicaid