Case: Haddad v. Arnold

3:10-cv-00414 | U.S. District Court for the Middle District of Florida

Filed Date: May 13, 2010

Closed Date: April 19, 2011

Clearinghouse coding complete

Case Summary

The Plaintiff in this case has been paralyzed from the chest down ever since an accident in 2007. She has limited mobility and manual dexterity, and thus requires some assistance in caring for herself carrying out daily activities. After her accident, she placed herself on the waitlist for Florida Medicaid's Traumatic Brain Injury/Spinal Cord (TBI/SC) Waiver Program. In early 2010, Plaintiff's husband and primary caregiver left her home following a divorce. She then contacted the state in the…

The Plaintiff in this case has been paralyzed from the chest down ever since an accident in 2007. She has limited mobility and manual dexterity, and thus requires some assistance in caring for herself carrying out daily activities. After her accident, she placed herself on the waitlist for Florida Medicaid's Traumatic Brain Injury/Spinal Cord (TBI/SC) Waiver Program.

In early 2010, Plaintiff's husband and primary caregiver left her home following a divorce. She then contacted the state in the hope of receiving Waiver services but was told she would need to spend 60 days in an institution to then be eligible for community-based services to meet her needs. She then filed this lawsuit on May 13, 2010 in the U.S. District Court for the Middle District of Florida challenging this condition for receipt of services as a violation of the Americans with Disabilities Act and Section 504 of the Rehabilitation Act of 1973. She filed a concurrent complaint and motion for preliminary injunction, asking the court to order the state to immediately provide services that will allow her to remain in the community. The U.S. Department of Justice filed a Statement of Interest supporting the Plaintiff's motion for preliminary injunction.

At a June 15, 2010 hearing, the Plaintiff's counsel informed the court that the Plaintiff had been hospitalized due to an unrelated issue, but that she would not be able to return home without the services that the TBI/SC waiver provides. After additional briefing, the District Court (Judge Marcia Morales Howard) granted the motion for preliminary injunction and ordered that the Plaintiff begin to receive services on June 23, 2010 so that she could be discharged from the hospital. The court issued its full analysis in granting the preliminary injunction on July 9, 2010.

In March 2011, the court denied the Defendants' motion to dismiss, finding that the Plaintiff had stated a claim under the ADA. At this time, the Plaintiff had been enrolled in the waiver program for several months. Thus, the parties stipulated to settle the claims with no further obligations for the Defendants. After some dispute over attorney's fees, the parties agreed to dismiss the matter on April 19, 2011.

Summary Authors

Beth Kurtz (11/27/2012)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4500367/parties/haddad-v-arnold/


Judge(s)

Howard, Marcia Morales (Florida)

Morris, Thomas E. (Florida)

Attorneys(s) for Plaintiff

Gold, Stephen F. (Pennsylvania)

Howanitz, Jay M. (Florida)

Attorneys(s) for Defendant

Blocker, William Michael II (Florida)

Sheeran, Andrew T (Florida)

Whitney, Enoch Jonathan (Florida)

Other Attorney(s)

Active

Active

Active

Judge(s)

Howard, Marcia Morales (Florida)

Morris, Thomas E. (Florida)

Attorneys(s) for Plaintiff

Gold, Stephen F. (Pennsylvania)

Howanitz, Jay M. (Florida)

Attorneys(s) for Defendant

Blocker, William Michael II (Florida)

Sheeran, Andrew T (Florida)

Whitney, Enoch Jonathan (Florida)

Other Attorney(s)

Bagenstos, Samuel R. (District of Columbia)

Breen, Philip L. (District of Columbia)

Esposito, Beth A (District of Columbia)

Holder, Eric H. Jr. (District of Columbia)

Perez, Thomas E. (District of Columbia)

Raish, Anne (District of Columbia)

Wodatch, John L. (District of Columbia)

Wohlenhaus, Renee M. (District of Columbia)

Documents in the Clearinghouse

Document

Docket

April 5, 2012 Docket
1

Complaint

May 13, 2010 Complaint
2

Plaintiff Michelle Haddad's Motion for Preliminary Injunction, Memorandum in Support Thereof, and Expedited Hearing

May 13, 2010 Pleading / Motion / Brief
10

Statement of Interest of the United States of America

May 24, 2010 Discovery Material/FOIA Release
27

Defendants' Response and Memorandum of Law in Opposition to Plaintiff's Motion for Preliminary Injunction

June 2, 2010 Pleading / Motion / Brief
32

Defendants' Motion to Dismiss Complaint

June 8, 2010 Pleading / Motion / Brief
45

Supplemental Statement of Interest of the United States of America

June 15, 2010 Monitor/Expert/Receiver Report
44

United States Memorandum of Law Regarding the Preliminary Injunction Standard

June 21, 2010 Pleading / Motion / Brief
42

Defendants' Memorandum of Law on the Standard for Injunctive Relief

June 21, 2010 Pleading / Motion / Brief
46

Order Granting Preliminary Injunctive Relief

June 23, 2010 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4500367/haddad-v-arnold/

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

ECF Number Description Date Link
1

COMPLAINT against Thomas Arnold, Anna Viamonte Ross (Filing fee $ 350 receipt number J035096) filed by Michele Haddad.(PAM) (Entered: 05/13/2010)

May 13, 2010 PACER
2

MOTION for preliminary injunction and MOTION for Expedited Hearing by Michele Haddad. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(PAM) (Entered: 05/13/2010)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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May 13, 2010 PACER
3

AMENDED STANDING ORDER: Filing of documents that exceed twenty-five pages. Signed by All Divisional Judges on 5/25/2005. (PAM) (Entered: 05/13/2010)

May 13, 2010 PACER
4

ORDER taking under advisement 2 Motion for preliminary injunction. Plaintiff is directed to promptly effect service of process on Defendants and file proof of such service. See Order for details. Signed by Judge Unassigned Judge MMH on 5/13/2010. (BMR) (Entered: 05/13/2010)

May 13, 2010 PACER
5

NOTICE of designation under Local Rule 3.05 - track 2. Signed by Deputy Clerk on 5/14/2010. (Attachments: # 1 Case Management Report Form, # 2 Consent Letter and Form)(JW) (Entered: 05/14/2010)

1 Case Management Report Form

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2 Consent Letter and Form

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May 14, 2010 PACER
6

MOTION for miscellaneous relief, specifically Leave to Appear Specially by United States. (MHH) (Entered: 05/17/2010)

May 17, 2010 PACER
7

NOTICE of Appearance by Andrew T. Sheeran on behalf of Thomas Arnold (Sheeran, Andrew) (Entered: 05/19/2010)

May 19, 2010 PACER
8

NOTICE of Appearance by William Michael Blocker, II on behalf of Thomas Arnold (Blocker, William) (Entered: 05/20/2010)

May 20, 2010 PACER
9

ORDER granting 6 United States' Motion for Leave to Appear Specially. The United States may file a brief in this action no later than 6/4/2010. Signed by Judge Marcia Morales Howard on 5/21/2010. (BMR) (Entered: 05/21/2010)

May 21, 2010 PACER
10

RESPONSE re 9 Order on Motion for Miscellaneous Relief STATEMENT OF INTEREST filed by United States. (Attachments: # 1 Exhibit)(Esposito, Beth) (Entered: 05/24/2010)

1 Exhibit

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May 24, 2010 PACER
11

RETURN of service executed on May 17, 2010 by Michele Haddad as to Thomas Arnold. (Howanitz, Jay) (Entered: 05/25/2010)

May 25, 2010 PACER
12

RETURN of service executed on May 17, 2010 by Michele Haddad as to Anna Viamonte Ross. (Howanitz, Jay) (Entered: 05/25/2010)

May 25, 2010 PACER
13

ORDER taking under advisement 2 Motion for Preliminary Injunction. This matter is set for a hearing on Monday, June 7, 2010, at 3:00 p.m. See Order for details and briefing schedule. Signed by Judge Marcia Morales Howard on 5/25/2010. (BMR) (Entered: 05/25/2010)

May 25, 2010 PACER
14

NOTICE of Appearance by Enoch Jonathan Whitney on behalf of Anna Viamonte Ross (Whitney, Enoch) (Entered: 05/26/2010)

May 26, 2010 PACER
15

MOTION for Stephen F. Gold to appear pro hac vice by Michele Haddad. (Howanitz, Jay) Motions referred to Magistrate Judge Thomas E. Morris. (Entered: 05/26/2010)

May 26, 2010 PACER
16

Emergency MOTION for leave to file excess pages in Defendants' Response to Preliminary Injunction by Thomas Arnold, Anna Viamonte Ross. (Sheeran, Andrew) (Entered: 05/26/2010)

May 26, 2010 PACER
17

ORDER granting 16 Emergency Motion for Leave to Exceed Page Limit. See Order for details. Signed by Judge Marcia Morales Howard on 5/26/2010. (BMR) (Entered: 05/26/2010)

May 26, 2010 PACER
18

ENDORSED ORDER granting 15 motion to appear pro hac vice. Signed by Magistrate Judge Thomas E. Morris on 5/27/2010. (JE) (Entered: 05/27/2010)

May 27, 2010 PACER
19

Joint MOTION for extension of time to complete discovery and expert witness disclosure deadlines and memorandum of law by Michele Haddad. (Howanitz, Jay) Motions referred to Magistrate Judge Thomas E. Morris. Modified on 5/28/2010 Notified by counsel document inadvertently added to incorrect case (MHH). (Entered: 05/27/2010)

May 27, 2010 PACER
20

Emergency MOTION for extension of time to file response/reply as to 2 MOTION for Hearing MOTION for preliminary injunction by Thomas Arnold, Anna Viamonte Ross. (Sheeran, Andrew) Motions referred to Magistrate Judge Thomas E. Morris. (Entered: 05/27/2010)

May 27, 2010 PACER
21

ORDER scheduling telephone conference on May 27, 2010 at 4:30 p.m. re 20 Emergency MOTION for extension of time to file response/reply as to 2 MOTION for Hearing MOTION for preliminary injunction filed by Anna Viamonte Ross, Thomas Arnold. See Order for details. Signed by Judge Marcia Morales Howard on 5/27/2010. (DH) (Entered: 05/27/2010)

May 27, 2010 PACER
22

Minute Entry. Proceedings held before Judge Marcia Morales Howard: re 20 Emergency MOTION for extension of time to file response/reply as to 2 MOTION for preliminary injunction filed by Anna Viamonte Ross, Thomas Arnold. Motion Hearing held on 5/27/2010; granting 20 Motion for extension of time to file response/reply as to 2 MOTION for preliminary injunction (Responses due by 6/2/2010; Replies due by 6/6/2010). Court Reporter: Shelli Kozachenko. (DH) Modified text on 5/28/2010 (DH). (Entered: 05/28/2010)

May 27, 2010 PACER
23

NOTICE of Hearing on Motion 2 MOTION for Hearing MOTION for preliminary injunction: Motion Hearing set for 6/15/2010 at 02:00 PM in Jacksonville Courtroom 10 B before Judge Marcia Morales Howard. (DH) (Entered: 05/28/2010)

May 28, 2010 PACER
24

NOTICE by Thomas Arnold Notice of Filing Affidavit of Elizabeth Y. Kidder (Attachments: # 1 Affidavit Affidavit of Elizabeth Y. Kidder, # 2 Exhibit Ex. I: Draft Nursing Home Transition Plan, # 3 Exhibit Ex. II: Long v Benson Settlement Agreement)(Sheeran, Andrew) (Entered: 06/02/2010)

1 Affidavit Affidavit of Elizabeth Y. Kidder

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2 Exhibit Ex. I: Draft Nursing Home Transition Plan

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3 Exhibit Ex. II: Long v Benson Settlement Agreement

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June 2, 2010 PACER
25

NOTICE by Thomas Arnold Notice of Filing Affidavit of Kristen Russell (Attachments: # 1 Affidavit Affidavit of Kristen Russell, 6-2-2010)(Sheeran, Andrew) (Entered: 06/02/2010)

1 Affidavit Affidavit of Kristen Russell, 6-2-2010

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June 2, 2010 PACER
26

NOTICE by Thomas Arnold Notice of Filing Affidavit of Michele Hudson (Attachments: # 1 Affidavit Michele Hudson, 6-2-2010)(Sheeran, Andrew) (Entered: 06/02/2010)

1 Affidavit Michele Hudson, 6-2-2010

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June 2, 2010 PACER
27

RESPONSE in opposition re 2 MOTION for Hearing MOTION for preliminary injunction filed by Thomas Arnold. (Attachments: # 1 Affidavit Kristen Russell, 4-29-2010)(Sheeran, Andrew) (Entered: 06/02/2010)

1 Affidavit Kristen Russell, 4-29-2010

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June 2, 2010 PACER
28

Emergency MOTION for leave to file excess pages by Michele Haddad. (Howanitz, Jay) (Entered: 06/04/2010)

June 4, 2010 PACER
29

REPLY to response to motion re 2 MOTION for Hearing MOTION for preliminary injunction. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit)(Gold, Stephen) (Entered: 06/06/2010)

1 Exhibit

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2 Exhibit

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3 Exhibit

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4 Exhibit

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5 Exhibit

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6 Exhibit

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7 Exhibit

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8 Exhibit

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9 Exhibit

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10 Exhibit

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June 6, 2010 PACER
30

ORDER granting 28 Motion for Leave to File Excess Pages. See Order for details. Signed by Judge Marcia Morales Howard on 6/7/2010, nunc pro tunc to 6/4/2010. (BMR) (Entered: 06/08/2010)

June 7, 2010 PACER
31

SUPPLEMENT re 10 Response STATEMENT OF INTEREST by United States. (Esposito, Beth) Modified on 6/10/2010 STRICKEN pursuant to Order #36 (MHH). (Entered: 06/08/2010)

June 8, 2010 PACER
32

MOTION to dismiss Complaint by Thomas Arnold, Anna Viamonte Ross. (Attachments: # 1 Exhibit A - Dubois Complaint, # 2 Exhibit B - Dubois Settlement, # 3 Exhibit C - Dubois Order of Dismissal, # 4 Exhibit D - Affidavit of Kristen Russell dated 4/29/10)(Sheeran, Andrew) (Entered: 06/08/2010)

1 Exhibit A - Dubois Complaint

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2 Exhibit B - Dubois Settlement

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3 Exhibit C - Dubois Order of Dismissal

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4 Exhibit D - Affidavit of Kristen Russell dated 4/29/10

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June 8, 2010 PACER
33

CERTIFICATE OF SERVICE by United States re 31 Supplement Statement of Interest (Esposito, Beth) Modified on 6/9/2010 Counsel notified to refile document with case style and case number(MHH). (Entered: 06/08/2010)

June 8, 2010 PACER
34

AMENDED CERTIFICATE OF SERVICE by United States re 31 Supplement (Esposito, Beth) Modified on 6/9/2010 to edit text only(MHH). (Entered: 06/09/2010)

June 9, 2010 PACER
35

MEMORANDUM in opposition re 32 Motion to dismiss complaint filed by Michele Haddad. (Gold, Stephen) (Entered: 06/09/2010)

June 9, 2010 PACER
36

ORDER directing the Clerk of the Court to strike 31 Supplemental Statement of Interest of the United States. See Order for details. Signed by Judge Marcia Morales Howard on 6/10/2010. (BMR) (Entered: 06/10/2010)

June 10, 2010 PACER
37

MOTION for miscellaneous relief, specifically Leave to File a Supplemental Statement of Interest by United States. (Esposito, Beth) (Entered: 06/10/2010)

June 10, 2010 PACER
38

NOTICE of Appearance by Anne S, Raish on behalf of United States (Carter, Ronnie) Modified on 6/14/2010 (PAM). [Counsel notified to use correct case number on future pleadings] (Entered: 06/14/2010)

June 14, 2010 PACER
39

Minute Entry for proceedings held before Judge Marcia Morales Howard: Motion Hearing held on 6/15/2010 regarding 2 Plaintiff's Motion for Preliminary Injunction; granting 37 the United States' Motion for Leave to File a Supplemental Statement of Interest. The Clerk of the Court is directed to file the Supplemental Statement of Interest of the United States of America which is attached as Exhibit A to the motion. Court Reporter: Shelli Kozachenko (JW) (Entered: 06/16/2010)

June 15, 2010 PACER
45

SUPPLEMENTAL Statement of Interest re 10 Response by United States. (MHH) Modified on 6/23/2010 to edit docket text (SMS). (Entered: 06/22/2010)

June 15, 2010 PACER
40

NOTICE by Michele Haddad Notice of Status Re Hospital Discharge (Gold, Stephen) (Entered: 06/21/2010)

June 21, 2010 PACER
41

MEMORANDUM in support re 40 Notice (Other) Preliminary Injunction Relief filed by Michele Haddad. (Gold, Stephen) (Entered: 06/21/2010)

June 21, 2010 PACER
42

MEMORANDUM in opposition re 2 Motion for HearingMotion for preliminary injunction Memorandum of Law on Mandatory Nature of Requested Injunction filed by Thomas Arnold. (Sheeran, Andrew) (Entered: 06/21/2010)

June 21, 2010 PACER
43

NOTICE by Thomas Arnold re 42 Memorandum in opposition Notice of Substituted Filing (Attachments: # 1 Main Document Ex.A - Amended Memorandum of Law on Standard for Preliminary Injunction)(Sheeran, Andrew) (Entered: 06/21/2010)

1 Main Document Ex.A - Amended Memorandum of Law on Standard for Preliminary Injun

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June 21, 2010 PACER
44

MEMORANDUM in support re 2 Motion for HearingMotion for preliminary injunction Memorandum of Law Regarding Preliminary Injunction Standard filed by United States. (Raish, Anne) (Entered: 06/21/2010)

June 21, 2010 PACER
46

ORDER granting 2 Plaintiff Michele Haddad's Motion for Preliminary Injunction, Memorandum in Support Thereof, and Expedited Hearing. Signed by Judge Marcia Morales Howard on 6/23/2010. (JW) (Entered: 06/23/2010)

June 23, 2010 PACER
47

TRANSCRIPT of Preliminary Injunction Hearing held on June 15, 2010, before Judge Marcia Morales Howard. Court Reporter/Transcriber Shelli Kozachenko,Telephone number 904.301.6842. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or purchased through the Court Reporter. Redaction Request due 7/29/2010, Redacted Transcript Deadline set for 8/9/2010, Release of Transcript Restriction set for 10/6/2010. (SMK) (Entered: 07/08/2010)

July 8, 2010 PACER
48

NOTICE to counsel of filing of OFFICIAL TRANSCRIPT. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the court reporter or view the document at the clerk's office public terminal. Court Reporter: Shelli Kozachenko, telephone number 904.301.6842. (SMK) (Entered: 07/09/2010)

July 9, 2010 PACER
49

OPINION regarding 2 Plaintiff Michele Haddad's Motion for Preliminary Injunction. Signed by Judge Marcia Morales Howard on 7/9/2010. (JW) (Entered: 07/09/2010)

July 9, 2010 PACER
50

ORDER reassigning this case from the unassigned docket to the docket of the undersigned for all further proceedings. Signed by Judge Marcia Morales Howard on 7/9/2010. (JW) (Entered: 07/09/2010)

July 9, 2010 PACER
51

Case Reassigned to Judge Marcia Morales Howard. New case number: 3:10-cv-414-J-34TEM. Judge Unassigned Judge MMH no longer assigned to the case. (PAM) Modified on 7/12/2010 (PAM). [Incorrect: See Doc. 52] (Entered: 07/12/2010)

July 12, 2010 PACER
52

AMENDED Case Reassigned to Judge Marcia Morales Howard. New case number: 3:10-cv-414-J-34TEM. Judge Unassigned Judge MMH no longer assigned to the case. (PAM) Modified on 7/12/2010 to edit text (PAM). (Entered: 07/12/2010)

July 12, 2010 PACER
53

MOTION for William M. Blocker II to withdraw as attorney by Thomas Arnold. (Blocker, William) Motions referred to Magistrate Judge Thomas E. Morris. Modified on 7/23/2010 (PAM). [Counsel notified to use correct case number on future pleadings] (Entered: 07/22/2010)

July 22, 2010 PACER
54

CASE MANAGEMENT REPORT. (Howanitz, Jay) (Entered: 07/30/2010)

July 30, 2010 PACER
55

CASE MANAGEMENT AND SCHEDULING ORDER AND REFERRAL TO MEDIATION: Discovery due by 3/11/2011. Dispositive motions due by 4/1/2011. Conduct mediation hearing by 5/2/2011. Pretrial statement due by 7/11/2011. Final Pretrial Conference set for 7/18/2011 at 10:00 AM in Jacksonville Courtroom 10 B before Judge Marcia Morales Howard. Bench Trial set for trial term commencing on 8/1/2011 at 09:30 AM in Jacksonville Courtroom 10 B before Judge Marcia Morales Howard. Signed by Judge Marcia Morales Howard on 8/4/2010. (JW) (Entered: 08/04/2010)

Aug. 4, 2010 PACER
56

NOTICE by Thomas Arnold, Anna Viamonte Ross Notice of Filing Affidavit of Kristen Russell, dated August 5, 2010 (Attachments: # 1 Affidavit Affidavit of Kristen Russell, dated August 5, 2010)(Sheeran, Andrew) (Entered: 08/05/2010)

1 Affidavit Affidavit of Kristen Russell, dated August 5, 2010

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Aug. 5, 2010 PACER
57

ORDER granting 53 Motion to withdraw as attorney. See Order for details. Signed by Magistrate Judge Thomas E. Morris on 8/6/2010. (JE) (Entered: 08/06/2010)

Aug. 6, 2010 PACER
58

CERTIFICATE of interested persons and corporate disclosure statement by Thomas Arnold, Anna Viamonte Ross. (Sheeran, Andrew) (Entered: 08/12/2010)

Aug. 12, 2010 PACER
59

CERTIFICATE of interested persons and corporate disclosure statement by Michele Haddad. (Howanitz, Jay) (Entered: 08/16/2010)

Aug. 16, 2010 PACER
60

Joint MOTION for extension of time to complete discovery and Memorandum of Law by Thomas Arnold, Michele Haddad, Anna Viamonte Ross. (Howanitz, Jay) Motions referred to Magistrate Judge Thomas E. Morris. (Entered: 12/01/2010)

Dec. 1, 2010 PACER
61

ORDER granting 60 Motion for extension of time to complete discovery. Plaintiffs Disclosure of Expert Reports due February 4, 2011; Defendants Disclosure of Expert Reports due March 11, 2011; Deadline for Discovery is May 10, 2011. Signed by Magistrate Judge Thomas E. Morris on 12/17/2010. (JE) (Entered: 12/17/2010)

Dec. 17, 2010 PACER
62

NOTICE of compliance by Michele Haddad (Howanitz, Jay) (Entered: 02/03/2011)

Feb. 3, 2011 PACER
63

ORDER denying 32 Defendants' Motion to Dismiss Complaint. The deadlines and settings in the Court's Case Management and Scheduling Order remain in effect. Signed by Judge Marcia Morales Howard on 3/16/2011. (JW) (Entered: 03/16/2011)

March 16, 2011 PACER
64

AFFIDAVIT of Kristen Russell Notice of Filing by Elizabeth Dudek. (Attachments: # 1 Affidavit Kristen Russell)(Sheeran, Andrew) (Entered: 03/25/2011)

1 Affidavit Kristen Russell

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March 25, 2011 PACER
65

MOTION to dismiss Complaint as Moot by Elizabeth Dudek. (Sheeran, Andrew) (Entered: 03/25/2011)

March 25, 2011 PACER
66

Unopposed MOTION to extend time to respond to Defendant's Motion to Dismiss by Michele Haddad. (Howanitz, Jay) (Entered: 04/08/2011)

April 8, 2011 PACER
67

ORDER granting 66 Agreed Motion for Extension of Time to Respond to Defendants' Motion to Dismiss. Response due April 20, 2011. Signed by Judge Marcia Morales Howard on 4/11/2011. (JW) (Entered: 04/11/2011)

April 11, 2011 PACER
68

STIPULATION of Dismissal With Prejudice by Thomas Arnold, Elizabeth Dudek, Michele Haddad, Anna Viamonte Ross. (Howanitz, Jay) INCORRECT PDF, COUNSEL REFILED DOCUMENT, REFER TO DOC. 69. Modified on 4/15/2011 (EAM). (Entered: 04/15/2011)

April 15, 2011 RECAP
69

AMENDED STIPULATION of Dismissal With Prejudice by Thomas Arnold, Elizabeth Dudek, Michele Haddad, Anna Viamonte Ross. (Howanitz, Jay) Modified text on 4/15/2011 (EAM). (Entered: 04/15/2011)

April 15, 2011 RECAP
70

ORDER dismissing case with prejudice. The Clerk of the Court is directed to close the file. Signed by Judge Marcia Morales Howard on 4/19/2011. (JW) (Entered: 04/19/2011)

April 19, 2011 RECAP
71

AMENDED ORDER dismissing case. Signed by Judge Marcia Morales Howard on 4/20/2011. (JW) (Entered: 04/20/2011)

April 20, 2011 RECAP
72

Unopposed MOTION to reopen Case by Michele Haddad. (Howanitz, Jay) (Entered: 06/20/2011)

June 20, 2011 PACER
73

ORDER granting 72 Plaintiff's Unopposed Motion to Re-Open Action. The Clerk of the Court is directed to re-open this case. Signed by Judge Marcia Morales Howard on 6/21/2011. (JW) (Entered: 06/22/2011)

June 22, 2011 PACER
74

MOTION for attorney fees and litigation expenses by Michele Haddad. (Attachments: # 1 Exhibit Gold declaration, # 2 Exhibit Howanitz declaration, # 3 Exhibit Gold resume, # 4 Exhibit Howanitz resume, # 5 Exhibit Gold fees and costs, # 6 Exhibit Howanitz fees and costs, # 7 Exhibit Coker declaration, # 8 Exhibit Alexander declaration)(Howanitz, Jay) Motions referred to Magistrate Judge Thomas E. Morris. (Entered: 07/06/2011)

1 Exhibit Gold declaration

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2 Exhibit Howanitz declaration

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3 Exhibit Gold resume

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4 Exhibit Howanitz resume

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5 Exhibit Gold fees and costs

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6 Exhibit Howanitz fees and costs

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7 Exhibit Coker declaration

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8 Exhibit Alexander declaration

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July 6, 2011 PACER
75

ORDER referring motion for report and recommendation: 74 Plaintiff's Motion for Attorneys' Fees and Litigation Expenses. Signed by Judge Marcia Morales Howard on 7/8/2011. (JW) Motions referred to Magistrate Judge Thomas E. Morris. (Entered: 07/08/2011)

July 8, 2011 PACER
76

RESPONSE in opposition re 74 MOTION for attorney fees and litigation expenses (Defendants' Response and Memorandum of Law in Opposition to Plaintiff's Motion for Attorneys' Fees and Litigation Expenses) filed by Thomas Arnold, Elizabeth Dudek, Anna Viamonte Ross, Harry Frank Farmer, Jr., M.D.. (Attachments: # 1 Exhibit "A" (Order denying Plaintiff Haddad's Motion for Preliminary Injunction in Jones v. Arnold), # 2 Exhibit "B" (Stipulation of Dismissal of Class Action Claims in Jones v. Arnold), # 3 Exhibit "C" (attorney Gold's disallowed hours related to Jones case), # 4 Exhibit "D" (attorney Howanitz' disallowed hours related to Jones case), # 5 Exhibit "E" (Plaintiff Haddad' Motion for Preliminary Injunction, etc., filed in Jones v. Arnold), # 6 Exhibit "F" (Motion for Leave to Amend First Amended Class Action Complaint in Jones v. Arnold), # 7 Exhibit "G" (Complaint filed in Cruz and De la Torre v. Arnold), # 8 Exhibit "H" (Amended Complaint filed in Robledo v. Dudek), # 9 Exhibit "I" (Defendants' Rsponse and Memorandum of Law in Opposition to Plaintiff Haddad's Motion for Preliminary Injunction filed in Jones v. Arnold), # 10 Exhibit "J" (Hours claimed by attorney Gold with objections), # 11 Exhibit "K" (Hours claimed by attorney Howanitz with objections))(Whitney, Enoch) (Entered: 07/22/2011)

1 Exhibit "A" (Order denying Plaintiff Haddad's Motion for Prelimin

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2 Exhibit "B" (Stipulation of Dismissal of Class Action Claims in Jones

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3 Exhibit "C" (attorney Gold's disallowed hours related to Jones ca

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4 Exhibit "D" (attorney Howanitz' disallowed hours related to Jones

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5 Exhibit "E" (Plaintiff Haddad' Motion for Preliminary Injunction,

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6 Exhibit "F" (Motion for Leave to Amend First Amended Class Action Comp

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7 Exhibit "G" (Complaint filed in Cruz and De la Torre v. Arnold)

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8 Exhibit "H" (Amended Complaint filed in Robledo v. Dudek)

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9 Exhibit "I" (Defendants' Rsponse and Memorandum of Law in Opposit

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10 Exhibit "J" (Hours claimed by attorney Gold with objections)

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11 Exhibit "K" (Hours claimed by attorney Howanitz with objections)

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July 22, 2011 PACER
77

NOTICE of Appearance by Enoch Jonathan Whitney on behalf of Elizabeth Dudek, Harry Frank Farmer, Jr., M.D. (Whitney, Enoch) (Entered: 07/22/2011)

July 22, 2011 PACER
78

Unopposed MOTION for leave to file reply brief to Deft's response and memorandum of law in opposition to plaintiff's motion for attorneys' fees and litigation expenses by Michele Haddad. (Howanitz, Jay) (Entered: 07/29/2011)

July 29, 2011 PACER
79

ENDORSED ORDER granting 78 Motion for leave to file a reply to Defendant's response and memorandum of law in opposition to Plaintiff's motion for attorneys' fees and litigation expenses. Reply may not exceed 15 pages, conforming to requirements of Local Rule 1.05(a). Reply due by the close of business day on 8/12/2011. Signed by Magistrate Judge Thomas E. Morris on 8/3/2011. (NTM) (Entered: 08/03/2011)

Aug. 3, 2011 PACER
80

REPLY to response to motion re 74 MOTION for attorney fees and litigation expenses filed by Michele Haddad. (Attachments: # 1 Exhibit Hours of S Gold, # 2 Exhibit Hours of J Howanitz)(Howanitz, Jay) (Entered: 08/12/2011)

1 Exhibit Hours of S Gold

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2 Exhibit Hours of J Howanitz

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Aug. 12, 2011 PACER
81

MOTION for Hearing re 76 Response in opposition to motion, 80 Reply to response to motion, 74 MOTION for attorney fees and litigation expenses (Defendants' Request for Oral Argument upon Plaintiff's Motion for Attorney's Fees and Litigation Costs and Defendants' Response in Opposition), MOTION to extend time to request oral argument by Elizabeth Dudek, Harry Frank Farmer, Jr., M.D.. (Whitney, Enoch) (Entered: 08/19/2011)

Aug. 19, 2011 PACER
82

RESPONSE in opposition to Defendant filed by Michele Haddad. (Howanitz, Jay) (Entered: 08/26/2011)

Aug. 26, 2011 PACER
83

Unopposed MOTION for leave to file a reply to Plaintiff's Memorandum of Law in Opposition to Defendants' Request for Oral Argument by Elizabeth Dudek, Harry Frank Farmer, Jr., M.D.. (Whitney, Enoch) (Entered: 08/26/2011)

Aug. 26, 2011 PACER
84

ORDER granting 83 Motion for leave to file reply. Reply may not exceed five pages, conforming to requirements of Local Rule 1.05(a). Defendant's reply due 9/6/11. Plaintiff's sur-reply, if desired, due 9/13/11. Signed by Magistrate Judge Thomas E. Morris on 8/29/2011. (NTM) (Entered: 08/29/2011)

Aug. 29, 2011 PACER
85

REPLY to response to motion re 83 Unopposed MOTION for leave to file a reply to Plaintiff's Memorandum of Law in Opposition to Defendants' Request for Oral Argument (Defendants' Reply to Plaintiff's Memorandum of Law in Opposition to Defendants' Request for Oral Argument) filed by Elizabeth Dudek, Harry Frank Farmer, Jr., M.D.. (Whitney, Enoch) (Entered: 09/02/2011)

Sept. 2, 2011 PACER
86

REPLY to response to motion Plaintiff's Sur-Reply Regarding Defendants' Request for Oral Argument filed by Michele Haddad. (Howanitz, Jay) (Entered: 09/08/2011)

Sept. 8, 2011 PACER
87

ORDER granting 81 Motion for Hearing; granting 81 Motion to extend time to request oral argument. Oral argument set for 10/3/11 at 2:00 p.m. in Courtroom 5B. Signed by Magistrate Judge Thomas E. Morris on 9/14/2011. (NTM) (Entered: 09/14/2011)

Sept. 14, 2011 PACER
88

NOTICE of supplemental authority by Michele Haddad (Attachments: # 1 Exhibit)(Howanitz, Jay) (Entered: 09/20/2011)

1 Exhibit

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Sept. 20, 2011 PACER
89

NOTICE of supplemental authority re 76 Response in opposition to motion for attorneys' fees and litigation expenses, by Elizabeth Dudek, Harry Frank Farmer, Jr., M.D. (Attachments: # 1 Exhibit A,, Dionne v. Floormasters Enterprises, Inc., 2011 WL 3189770 (C.A.11 (Fla.) July 28, 2011))(Whitney, Enoch) (Entered: 09/23/2011)

1 Exhibit A,, Dionne v. Floormasters Enterprises, Inc., 2011 WL 3189770 (C.A.11 (F

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Sept. 23, 2011 PACER
90

Minute Entry. Proceedings held before Magistrate Judge Thomas E. Morris: Motion Hearing held on 10/3/2011 re 74 MOTION for attorney fees and litigation expenses filed by Michele Haddad. (DIGITAL) Court Reporter: Shannon Bishop, Official Court Reporter (CJH) (Entered: 10/03/2011)

Oct. 3, 2011 PACER
91

NOTICE of supplemental authority re 76 Response in opposition to motion for attorneys' fees and litigation expenses, by Elizabeth Dudek, Harry Frank Farmer, Jr., M.D. (Attachments: # 1 Exhibit A, Long v. Morton Plant Hospital Association, Inc., 265 Fed. Appx. 798, 2008 WL 383808 (C.A. 11 (Fla.) 2008), # 2 Exhibit B, Notice of Settlement filed in Long v. Morton Plant Hospital Association, Inc., Case No. 05-0613-CIV-JSM-TBM)(Whitney, Enoch) (Entered: 10/10/2011)

1 Exhibit A, Long v. Morton Plant Hospital Association, Inc., 265 Fed. Appx. 798,

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2 Exhibit B, Notice of Settlement filed in Long v. Morton Plant Hospital Associati

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Oct. 10, 2011 PACER
92

REPORT AND RECOMMENDATION re 74 MOTION for attorney fees and litigation expenses filed by Michele Haddad. Signed by Magistrate Judge Thomas E. Morris on 10/20/2011. (NTM) (Entered: 10/20/2011)

Oct. 20, 2011 RECAP
93

OBJECTION re 92 REPORT AND RECOMMENDATION re 74 MOTION for attorney fees and litigation expenses filed by Michele Haddad. (DEFENDANTS' OBJECTIONS TO REPORT AND RECOMMENDATION REGARDING RESOUTION OF PLAINTIFF'S MOTION FOR ATTORNEY'S FEES AND LITIGATION EXPENSES). (Whitney, Enoch) (Entered: 11/01/2011)

Nov. 1, 2011 PACER
94

REQUEST for oral argument re 93 Objection (DEFENDANTS' OBJECTIONS TO REPORT AND RECOMMENDATION REGARDING RESOLUTION OF PLAINTIFF'S MOTION FOR ATTORNEY'S FEES AND LITIGATION EXPENSES), by Elizabeth Dudek, Harry Frank Farmer, Jr., M.D.. (Whitney, Enoch) (Entered: 11/02/2011)

Nov. 2, 2011 PACER
95

RESPONSE re 93 Objection filed by Michele Haddad. (Howanitz, Jay) (Entered: 11/03/2011)

Nov. 3, 2011 PACER
96

NOTICE of supplemental authority re 93 Objection (DEFENDANTS' OBJECTIONS TO REPORT AND RECOMMENDATION REGARDING RESOUTION OF PLAINTIFF'S MOTION FOR ATTORNEY'S FEES AND LITIGATION EXPENSES), by Elizabeth Dudek, Harry Frank Farmer, Jr., M.D. (Attachments: # 1 Exhibit A, Farrar v. Hobby, 506 U.S. 103, 113 S.Ct. 566, 573-74 (1992),)(Whitney, Enoch) (Entered: 11/04/2011)

1 Exhibit A, Farrar v. Hobby, 506 U.S. 103, 113 S.Ct. 566, 573-74 (1992),

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Nov. 4, 2011 PACER
97

NOTICE of supplemental authority re 93 Objection (DEFENDANTS' OBJECTIONS TO REPORT AND RECOMMENDATION REGARDING RESOUTION OF PLAINTIFF'S MOTION FOR ATTORNEY'S FEES AND LITIGATION EXPENSES), by Elizabeth Dudek, Harry Frank Farmer, Jr., M.D. (Attachments: # 1 Exhibit "A", Higher Taste v. City of Tacoma, Case No. C10-5252BHS, 2011 WL 5864665, (U. S. District Court, W.D. Wash., Nov. 22, 2011))(Whitney, Enoch) (Entered: 01/12/2012)

1 Exhibit "A", Higher Taste v. City of Tacoma, Case No. C10-5252BHS, 201

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Jan. 12, 2012 PACER
98

NOTICE to the Courts to take judicial notice regarding 92 REPORT AND RECOMMENDATION re 74 MOTION for attorney fees and litigation expenses filed by Michele Haddad. by Elizabeth Dudek, Harry Frank Farmer, Jr., M.D.. (Attachments: # 1 Exhibit "A", on-line docket for Petition for Writ of Certiorari in the United States Supreme Court in the case of David J. King, In His Official Capacity as Chair of the Kansas Commission on Judicial Qualifications, et al., Petitioners, v. Kansas Judicial Watch, et al., No. 11-829, filed December 28, 2011.)(Whitney, Enoch) (Entered: 01/28/2012)

1 Exhibit "A", on-line docket for Petition for Writ of Certiorari in the

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Jan. 28, 2012 PACER
99

SUPPLEMENT re 98 Notice to the Courts to take judicial notice by Elizabeth Dudek, Harry Frank Farmer, Jr., M.D.. (Attachments: # 1 Exhibit "A", Petition for Writ of Certiorari in the United States Supreme Court in the case of David J. King, In His Official Capacity as Chair of the Kansas Commission on Judicial Qualifications, et al., Petitioners, v. Kansas Judicial Watch, et al., No. 11-829, filed December 28, 2011)(Whitney, Enoch) (Entered: 01/31/2012)

1 Exhibit "A", Petition for Writ of Certiorari in the United States Supr

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Jan. 31, 2012 PACER
100

ORDER adopting, as modified by the Order, 92 Report and Recommendation; granting, in part, 74 Plaintiff's Motion for Attorneys' Fees and Litigation Expenses. The Clerk of the Court is directed to enter judgment in accordance with this Order and close the file. Signed by Judge Marcia Morales Howard on 2/2/2012. (JW) (Entered: 02/02/2012)

Feb. 2, 2012 RECAP

State / Territory: Florida

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Olmstead Cases

Key Dates

Filing Date: May 13, 2010

Closing Date: April 19, 2011

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiff is paralyzed from the chest down due to a spinal cord injury. She requires assistance in daily life activities so that she can remain in the community.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Steve Gold

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Florida Agency for Health Care Administration, State

Florida Department of Health, State

Defendant Type(s):

Hospital/Health Department

Jurisdiction-wide

Case Details

Causes of Action:

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

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

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Preliminary injunction / Temp. restraining order

Source of Relief:

Settlement

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Preliminary relief granted

Reasonable Accommodation

Issues

General:

Deinstitutionalization/decarceration

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

Wait lists

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

Integrated setting

Least restrictive environment

Mobility impairment

Benefit Source:

Medicaid