Case: Cruz v. Arnold

1:10-cv-23048 | U.S. District Court for the Southern District of Florida

Filed Date: Aug. 17, 2010

Closed Date: March 16, 2012

Clearinghouse coding complete

Case Summary

This case emerged from Haddad v. Arnold. With slightly differing facts from others in the proposed class in Haddad, plaintiffs Luis Cruz and Nigel de la Torre filed this separate complaint in the U.S. District Court for the Southern District of Florida on April 15, 2011. The plaintiffs have spinal cord injuries that caused quadriplegia. Both have paralysis, use a wheelchair for mobility, and require assistance in their homes in order to perform daily life activities. Although both plaintiffs r…

This case emerged from Haddad v. Arnold. With slightly differing facts from others in the proposed class in Haddad, plaintiffs Luis Cruz and Nigel de la Torre filed this separate complaint in the U.S. District Court for the Southern District of Florida on April 15, 2011. The plaintiffs have spinal cord injuries that caused quadriplegia. Both have paralysis, use a wheelchair for mobility, and require assistance in their homes in order to perform daily life activities. Although both plaintiffs receive some in-home nursing through Medicaid, this is insufficient to meet their needs (about 2 hours a day of care). They are both on the waitlist for Florida Medicaid's traumatic brain and spinal cord injury waiver services, and the state administrators have responded negatively to their inquiries, indicating limitations in the program that would prevent the plaintiffs from receiving waiver services in the foreseeable future. The plaintiffs argued that this placed them at risk of unnecessary institutionalization and thus violated the Americans with Disabilities Act (under the precedent Olmstead v. L.C.) and Section 504 of the Rehabilitation Act of 1973.

Following a Report and Recommendation from Magistrate Judge Andrea Simonton, District Court Judge Ursula Ungaro granted the plaintiff's motion for preliminary injunction on November 24, 2010, finding that the plaintiffs had demonstrated a likelihood of success on the merits and that they stood to suffer irreparable harm without waiver services. The injunction ordered the state to provide such services.

With waiver services in place for the plaintiffs, the parties agreed to dismiss the case on April 15, 2011. The case was reopened for the purpose of determining attorney's fees and the parties litigated this issue for a year, with a Magistrate Judge finding in favor of the plaintiffs and awarding fees in February 2012. The parties settled soon after.

Summary Authors

Beth Kurtz (11/29/2012)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/12833678/parties/cruz-v-arnold/


Judge(s)

Simonton, Andrea Miles (Florida)

Torres, Edwin G. (Florida)

Ungaro[-Benages], Ursula Mancusi (Florida)

Attorneys(s) for Plaintiff

Browning, Steven R. (Florida)

Gold, Stephen F. (Pennsylvania)

Howanitz, Jay M. (Florida)

Attorneys(s) for Defendant

Sheeran, Andrew T (Florida)

Shelkofsky, Morris E. Jr. (Florida)

Whitney, Enoch Jonathan (Florida)

Other Attorney(s)

Active

Judge(s)

Simonton, Andrea Miles (Florida)

Torres, Edwin G. (Florida)

Ungaro[-Benages], Ursula Mancusi (Florida)

Attorneys(s) for Plaintiff

Browning, Steven R. (Florida)

Gold, Stephen F. (Pennsylvania)

Howanitz, Jay M. (Florida)

Attorneys(s) for Defendant

Sheeran, Andrew T (Florida)

Shelkofsky, Morris E. Jr. (Florida)

Whitney, Enoch Jonathan (Florida)

Other Attorney(s)

Bagenstos, Samuel R. (District of Columbia)

Breen, Philip L. (District of Columbia)

Ferrer, Wilfredo A (Florida)

Harrell-James, Veronica Vanessa (Florida)

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

1:10-cv-23048

Docket

March 16, 2012

March 16, 2012

Docket
2

1:10-cv-23048

Plaintiffs Luis Cruz and Nigel De La Torre's Motion for Preliminary Injunction and Expedited Hearing and Attached Memorandum of Law

U.S. District Court for the Middle District of Florida

Aug. 17, 2010

Aug. 17, 2010

Pleading / Motion / Brief
1

1:10-cv-23048

Complaint

U.S. District Court for the Middle District of Florida

Aug. 17, 2010

Aug. 17, 2010

Complaint
36

1:10-cv-23048

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

Cruz v. Dudek

Sept. 9, 2010

Sept. 9, 2010

Pleading / Motion / Brief
37

1:10-cv-23048

Defendants' Motion to Dismiss Complaint

Cruz v. Dudek

Sept. 9, 2010

Sept. 9, 2010

Pleading / Motion / Brief
38

1:10-cv-23048

Plaintiffs Cruz and De La Torre's Reply to Defendants' Memorandum in Opposition to the Preliminary Injunction

Cruz v. Dudek

Sept. 13, 2010

Sept. 13, 2010

Pleading / Motion / Brief
40

1:10-cv-23048

Statement of Interest of the United States of America

Cruz v. Dudek

Sept. 14, 2010

Sept. 14, 2010

Pleading / Motion / Brief
45

1:10-cv-23048

Defendants' Reply to Plaintiff's Memorandum of Law in Opposition to Defendants' Motion to Dismiss

Cruz v. Dudek

Oct. 1, 2010

Oct. 1, 2010

Pleading / Motion / Brief
45

1:10-cv-23048

Defendants' Reply to Plaintiffs' Memorandum of Law in Opposition to Defendants' Motion to Dismiss

Cruz v. Dudek

Oct. 1, 2010

Oct. 1, 2010

Pleading / Motion / Brief
47

1:10-cv-23048

Report and Recommendation on Plaintiffs' Motion for Preliminary Injunction

Cruz v. Dudek

Oct. 12, 2010

Oct. 12, 2010

Magistrate Report/Recommendation

Docket

See docket on RECAP: https://www.courtlistener.com/docket/12833678/cruz-v-arnold/

Last updated Aug. 21, 2022, 3:02 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Thomas Arnold, Ana Viamonte Ros (Filing fee $ 350 receipt number J35779) filed by Nigel De La Torre, Luis Cruz.(TL) (Entered: 08/18/2010)

Aug. 18, 2010

Aug. 18, 2010

Clearinghouse
2

MOTION for preliminary injunction, MOTION to expedite hearing and memorandum of law by Luis Cruz, Nigel De La Torre. (TL) (Entered: 08/18/2010)

Aug. 18, 2010

Aug. 18, 2010

Clearinghouse
3

DECLARATION of Luis J. Cruz re 2 MOTION for preliminary injunction MOTION to expedite hearing by Luis Cruz. (TL) (Entered: 08/18/2010)

Aug. 18, 2010

Aug. 18, 2010

PACER
4

DECLARATION of Nigel De La Torre re 2 MOTION for preliminary injunction MOTION to expedite hearing by Nigel De La Torre. (TL) (Entered: 08/18/2010)

Aug. 18, 2010

Aug. 18, 2010

PACER
5

DECLARATION of Alejandrina Padro re 2 MOTION for preliminary injunction MOTION to expedite hearing. (TL) (Entered: 08/18/2010)

Aug. 18, 2010

Aug. 18, 2010

PACER

Summons issued as to Thomas Arnold. (TL)

Aug. 18, 2010

Aug. 18, 2010

PACER
6

AMENDED STANDING ORDER: Filing of documents that exceed twenty-five pages. Signed by All Jacksonville Divisional Judges on 5/25/05. (TL) (Entered: 08/18/2010)

Aug. 18, 2010

Aug. 18, 2010

PACER

Summons issued as to Ana Viamonte Ros. (TL)

Aug. 18, 2010

Aug. 18, 2010

PACER
7

ORDER re 1 Complaint & 2 Motion; directing plaintiffs to advise Court regarding venue by noon on 8/20/2010. Signed by Judge Timothy J. Corrigan on 8/18/2010.(SRW) (Entered: 08/18/2010)

Aug. 18, 2010

Aug. 18, 2010

PACER
8

RESPONSE re 7 Order of August 18, 2010 filed by Luis Cruz. (Gold, Stephen) (Entered: 08/20/2010)

Aug. 20, 2010

Aug. 20, 2010

PACER
9

RESPONSE re 8 Response Corrected Fax Number filed by Luis Cruz. (Gold, Stephen) (Entered: 08/20/2010)

Aug. 20, 2010

Aug. 20, 2010

PACER
10

ORDER directing Clerk to transfer case to the Southern District of Florida, Miami Division for reassignment. Signed by Judge Timothy J. Corrigan on 8/23/2010. (SRW) (Entered: 08/23/2010)

Aug. 23, 2010

Aug. 23, 2010

PACER
11

Case transferred in from Florida Middle; Case Number 3:10-cv-00725. Electronic file including transfer order and docket sheet received. .(gme). (Entered: 08/25/2010)

Aug. 25, 2010

Aug. 25, 2010

PACER
12

Judge Assignment RE: Electronic Complaint to Judge Ursula Ungaro and Magistrate Judge Andrea M. Simonton (gme) (Entered: 08/25/2010)

Aug. 25, 2010

Aug. 25, 2010

PACER

Attorney Andrew T. Sheeran terminated as to Defendant Ana Viamonte Ros. Clerk mistakenly added attorney to this Defendant when case was transferred. Notice of Termination delivered by US Mail to Andrew Sheeran. (ksa)

Aug. 25, 2010

Aug. 25, 2010

PACER
42

Bar Letter re: Admissions sent to attorney Jay M. Howanitz, mailing date September 15, 2010, (ksa) (Entered: 09/15/2010)

Aug. 25, 2010

Aug. 25, 2010

PACER
13

ORDER Setting Initial Planning and Scheduling Conference, ( Scheduling Conference set for 10/15/2010 10:30 AM before Judge Ursula Ungaro.). Signed by Judge Ursula Ungaro on 8/26/2010. (tb) (Entered: 08/27/2010)

Aug. 26, 2010

Aug. 26, 2010

PACER
14

ORDER OF REFERENCE to Magistrate Judge Andrea M. Simonton re 2 MOTION for preliminary injunction MOTION to expedite hearing filed by Luis Cruz, Nigel De La Torre. Signed by Judge Ursula Ungaro on 8/31/2010. (ls) (Entered: 08/31/2010)

Aug. 31, 2010

Aug. 31, 2010

PACER
20

MOTION for Appearance Pro Hac Vice for Andrew T. Sheeran. Filing Fee $ 75.00. Receipt # 6003. (ksa) (Entered: 09/03/2010)

Aug. 31, 2010

Aug. 31, 2010

PACER
15

NOTICE of Attorney Appearance by Steven Randolph Browning on behalf of Luis Cruz, Nigel De La Torre (Browning, Steven) (Entered: 09/02/2010)

Sept. 2, 2010

Sept. 2, 2010

PACER
16

NOTICE by Luis Cruz, Nigel De La Torre Filing Returns of Service (Browning, Steven) (Entered: 09/02/2010)

Sept. 2, 2010

Sept. 2, 2010

PACER
17

ORDER Setting Telephonic Status and Scheduling Conference regarding 2 Plaintiffs' Motion for Preliminary Injunction and Expedited Hearing for 9/7/2010 at 10:00 AM before Magistrate Judge Andrea M. Simonton. Signed by Magistrate Judge Andrea M. Simonton on 9/2/2010. (dlt) (Entered: 09/02/2010)

Sept. 2, 2010

Sept. 2, 2010

PACER
18

EMERGENCY MOTION for Leave to Exceed Page Limit by Thomas Arnold. (lh) (Entered: 09/03/2010)

Sept. 2, 2010

Sept. 2, 2010

PACER
24

SUMMONS (Affidavit) Returned Executed by Nigel De La Torre, Luis Cruz. Thomas Arnold served on 8/19/2010, answer due 9/9/2010; Ana Viamonte Ros served on 8/19/2010, answer due 9/9/2010. See DE 16 for image (tp) (Entered: 09/07/2010)

Sept. 2, 2010

Sept. 2, 2010

PACER
19

ORDER granting 18 Defendants' Emergency Motion for Leave to Exceed Page Limit. Defendants may file a response to Plaintiffs' Motion for Preliminary Injunction and Expedited Hearing that exceeds 20 pages but does not exceed 30 pages. Signed by Magistrate Judge Andrea M. Simonton on 9/3/2010. (dlt) (Entered: 09/03/2010)

Sept. 3, 2010

Sept. 3, 2010

PACER
21

CERTIFICATE of Counsel re 17 Order Setting Status Conference, Certificate of Consultation by Steven Randolph Browning on behalf of Luis Cruz, Nigel De La Torre (Browning, Steven) (Entered: 09/03/2010)

Sept. 3, 2010

Sept. 3, 2010

PACER
22

MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Stephen F. Gold. Filing Fee $ 75.00. Receipt # 6170. (ksa) (Entered: 09/07/2010)

Sept. 3, 2010

Sept. 3, 2010

PACER
23

Clerks Receipt for PHV Motion for Stephen F Gold received on 9/3/2010 in the amount of $ 75.00, receipt number 6170 (lh) (Entered: 09/07/2010)

Sept. 3, 2010

Sept. 3, 2010

PACER
25

Clerks Notice to Filer re 16 Notice (Other). Wrong Event Selected; ERROR - The Filer selected the wrong event. The document was re-docketed by the Clerk, see [de# 24]. It is not necessary to refile this document. (tp) (Entered: 09/07/2010)

Sept. 7, 2010

Sept. 7, 2010

PACER
26

TEXT Minute Entry for proceedings held before Magistrate Judge Andrea M. Simonton: Telephonic Status and Scheduling Conference Re: 2 MOTION for preliminary injunction, MOTION to expedite hearing and memorandum of law by Luis Cruz, Nigel De La Torre, held on 9/7/2010 (10:00 AM - 10:45 AM). Attorneys Steven Browning, Jay Howanitz and Stephen Gold telephonically appeared on behalf of the Plaintiffs. Attorneys Andrew Sheeran and Morris Shelkofsky telephonically appeared on behalf of the Defendants. Defense counsel to file a notice with the Court advising that Elizabeth Dudek is presently the Interim Secretary, of Florida Agency for Health Care Administration. Plaintiffs to have declarations by 9/9/2010. Defendants to file their response to Plaintiffs' motion by COB 9/9/2010. Parties to advise the Court at the further telephone conference set, as to whether affiants' presence is required for cross examination. (Evidentiary Hearing set for 9/16/2010 02:00 PM in Miami Division before Magistrate Judge Andrea M. Simonton, A Further Status Conference set for 9/13/2010 04:00 PM in Miami Division before Magistrate Judge Andrea M. Simonton). (Digital 10:08:29.) (Tape #10-FX-87-96.) (aw) (Entered: 09/07/2010)

Sept. 7, 2010

Sept. 7, 2010

PACER
27

ORDER granting 20 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing ; granting 22 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Signed by Judge Ursula Ungaro on 9/7/2010. (tb) (Entered: 09/08/2010)

Sept. 7, 2010

Sept. 7, 2010

PACER
28

NOTICE by Ana Viamonte Ros Filing of Notice of Appearance on behalf of Morris Shelkofsky for Dr. Ana Viamonte Ros (Senior, Justin) (Entered: 09/09/2010)

Sept. 9, 2010

Sept. 9, 2010

PACER
29

NOTICE by Luis Cruz, Nigel De La Torre of Filing Cited Authority (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Browning, Steven) (Entered: 09/09/2010)

Sept. 9, 2010

Sept. 9, 2010

PACER
30

AFFIDAVIT signed by : Nigel De La Torre. Supplemental Declaration by Nigel De La Torre (Attachments: # 1 Exhibit A - C)(Browning, Steven) (Entered: 09/09/2010)

Sept. 9, 2010

Sept. 9, 2010

PACER
31

AFFIDAVIT signed by : Luis J. Cruz. Supplemental Declaration by Luis Cruz (Browning, Steven) (Entered: 09/09/2010)

Sept. 9, 2010

Sept. 9, 2010

PACER
32

AFFIDAVIT signed by : Charlene A. Harrington, Ph.D.. Declaration of Charlene A. Harrington in Support of Plaintiffs' Motion for Preliminary Injunction by Luis Cruz, Nigel De La Torre (Attachments: # 1 Exhibit A, # 2 Exhibit A-1)(Browning, Steven) (Entered: 09/09/2010)

Sept. 9, 2010

Sept. 9, 2010

PACER
33

NOTICE by Thomas Arnold Notice of Filing Affidavit of Elizabeth Y. Kidder (Attachments: # 1 Affidavit Elizabeth Y. Kidder, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C)(Senior, Justin) (Entered: 09/09/2010)

Sept. 9, 2010

Sept. 9, 2010

PACER
34

NOTICE by Thomas Arnold Notice of Filing Affidavit of Kristen Russell (Attachments: # 1 Affidavit Kristen Russell)(Senior, Justin) (Entered: 09/09/2010)

Sept. 9, 2010

Sept. 9, 2010

PACER
35

NOTICE by Thomas Arnold Notice of Filing Affidavit of S. Michele Morgan (Attachments: # 1 Affidavit S. Michele Morgan)(Senior, Justin) (Entered: 09/09/2010)

Sept. 9, 2010

Sept. 9, 2010

PACER
36

RESPONSE in Opposition re 2 MOTION for preliminary injunction MOTION to expedite hearing Response and Memorandum of Law in Opposition to Motion for Preliminary Injunction filed by Thomas Arnold. (Senior, Justin) (Entered: 09/09/2010)

Sept. 9, 2010

Sept. 9, 2010

Clearinghouse
37

MOTION to Dismiss 1 Complaint by Thomas Arnold. Responses due by 9/27/2010 (Senior, Justin) (Entered: 09/09/2010)

Sept. 9, 2010

Sept. 9, 2010

Clearinghouse
38

REPLY to Response to Motion re 2 MOTION for preliminary injunction MOTION to expedite hearing Plaintiffs Cruz and De La Torre's Reply to Defendants' Memorandum in Opposition to the Preliminary Injunction filed by Luis Cruz, Nigel De La Torre. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Browning, Steven) (Entered: 09/13/2010)

Sept. 13, 2010

Sept. 13, 2010

Clearinghouse
41

TEXT Minute Entry for proceedings held before Magistrate Judge Andrea M. Simonton: Telephonic Status and Scheduling Conference held on 9/13/2010 (4:00 PM - 4:20 PM). Attorneys Steven Browning, Jay Howanitz, Stephen Gold telephonically appeared on behalf of the Plaintiffs. Attorney Anne Raish telephonically appeared on behalf of the Government. Attorney Andrew Sheeran telephonically appeared on behalf of Defendant Thomas Arnold. Attorney Morris Shelkovsky appeared in person on behalf of Defendant Dr. Ana Viamonte Ros. Counsel for the Government advised that she will be filing a statement of interest, as well as, a notice of appearance in the case. Plaintiff's ore tenus motion to file a twenty-page reply brief is granted. The parties advised that the preliminary injunction hearing set 9/16/10, will be proceeding with oral argument, in lieu of live testimony. (Digital 16:07:15.) (Tape #10-FX-89-440.) (aw) (Entered: 09/14/2010)

Sept. 13, 2010

Sept. 13, 2010

PACER
39

NOTICE of Attorney Appearance by Veronica Vanessa Harrell-James on behalf of United States of America (Harrell-James, Veronica) (Entered: 09/14/2010)

Sept. 14, 2010

Sept. 14, 2010

PACER
40

Statement of: Interest by United States of America (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit)(Harrell-James, Veronica) (Entered: 09/14/2010)

Sept. 14, 2010

Sept. 14, 2010

Clearinghouse
43

TEXT Minute Entry for proceedings held before Magistrate Judge Andrea M. Simonton: Motion Hearing held on 9/16/2010 (2:00 PM - 4:45 PM) re 2 MOTION for preliminary injunction MOTION to expedite hearing filed by Luis Cruz, Nigel De La Torre. Attorneys Stephen Gold and Jay Howanitz appeared on behalf of the Plaintiffs. Attorneys Anne Raish and Laura Crane appeared on behalf of the Government. Attorneys Andrew Sheeran and Justin Senior appeared on behalf of Defendant Agency for Health Care Administration. Attorney Morris Shelkovsky appeared on behalf of Defendant Dr. Ana Viamonte Ros. Plaintiffs Luis Cruz and Nigel De La Torre were also present at this hearing. Oral arguments heard. Defendants submitted to the Court, Exhibit #1, an additional Affidavit of Kristen Russell for purposes of this hearing. Report and Recommendation to follow. Court Reporter: Carly Horenkamp, 305-523-5138 / Carleen_Horenkamp@flsd.uscourts.gov (aw) Modified on 9/16/2010 (aw). (Entered: 09/16/2010)

Sept. 16, 2010

Sept. 16, 2010

PACER
44

RESPONSE in Opposition re 37 MOTION to Dismiss 1 Complaint Plaintiffs Memorandum of Law in Opposition to Defendants' Motion to Dismiss the Complaint filed by Luis Cruz, Nigel De La Torre. (Browning, Steven) (Entered: 09/23/2010)

Sept. 23, 2010

Sept. 23, 2010

PACER
45

REPLY to Response to Motion re 37 MOTION to Dismiss 1 Complaint filed by Thomas Arnold. (Sheeran, Andrew) (Entered: 10/01/2010)

Oct. 1, 2010

Oct. 1, 2010

Clearinghouse
46

SCHEDULING REPORT - Rule 16.1 by Ana Viamonte Ros (Shelkofsky, Morris) (Entered: 10/01/2010)

Oct. 1, 2010

Oct. 1, 2010

PACER
47

REPORT AND RECOMMENDATIONS re 2 MOTION for preliminary injunction filed by Luis Cruz, Nigel De La Torre Recommending that the preliminary injunction be granted. Expedited Objections to R&R due by 10/19/2010. Signed by Magistrate Judge Andrea M. Simonton on 10/12/2010. (AMS) (Entered: 10/12/2010)

Oct. 12, 2010

Oct. 12, 2010

Clearinghouse
48

ORDER REFERRING CASE to Mediation.. Signed by Judge Ursula Ungaro on 10/15/2010. (lk) (Entered: 10/18/2010)

Oct. 15, 2010

Oct. 15, 2010

PACER
49

SCHEDULING ORDER: ( Pretrial Conference set for 5/27/2011 09:30 AM in Miami Division before Judge Ursula Ungaro., Jury Trial set for 6/20/2011 09:00 AM in Miami Division before Judge Ursula Ungaro., Calendar Call set for 6/15/2011 01:00 PM in Miami Division before Judge Ursula Ungaro., Amended Pleadings due by 11/19/2010., Discovery due by 2/25/2011., Joinder of Parties due by 11/19/2010., In Limine Motions due by 4/8/2011., Motions due by 3/25/2011., Pretrial Stipulation due by 4/15/2011.). Signed by Judge Ursula Ungaro on 10/15/2010. (lk) (Entered: 10/18/2010)

Oct. 15, 2010

Oct. 15, 2010

PACER
50

OBJECTIONS to 47 Report and Recommendations by Thomas Arnold. (Attachments: # 1 Exhibit)(Sheeran, Andrew) (Entered: 10/19/2010)

Oct. 19, 2010

Oct. 19, 2010

PACER
51

ORDER REQUIRING RESPONSE to 50 Objections to Report and Recommendations filed by Thomas Arnold. Plaintiffs Responses due by 10/26/2010). Signed by Judge Ursula Ungaro on 10/21/10. (tp) (Entered: 10/22/2010)

Oct. 21, 2010

Oct. 21, 2010

PACER
52

RESPONSE/REPLY to 51 Order, Set/Reset Deadlines Status Update Regarding Plaintiffs Luis Cruz and Nigel De La Torre and Plaintiffs' Response to Defendants' Objections to Magistrate's Report by Luis Cruz, Nigel De La Torre. (Attachments: # 1 Exhibit)(Browning, Steven) (Entered: 10/26/2010)

Oct. 26, 2010

Oct. 26, 2010

PACER
53

Order Requiring Response Show Cause Response due by 11/10/2010. Signed by Judge Ursula Ungaro on 11/5/2010. (jcy) (Entered: 11/05/2010)

Nov. 5, 2010

Nov. 5, 2010

PACER
54

NOTICE of Mediator Selection: Rodney Max selected.(Howanitz, Jay) (Entered: 11/09/2010)

Nov. 9, 2010

Nov. 9, 2010

PACER
55

STATUS REPORT by Luis Cruz, Nigel De La Torre (Attachments: # 1 Exhibit)(Howanitz, Jay) (Entered: 11/18/2010)

Nov. 18, 2010

Nov. 18, 2010

PACER
56

Order Setting Oral Argument ( Hearing set for 12/1/2010 10:30 AM in Miami Division before Judge Ursula Ungaro.). Signed by Judge Ursula Ungaro on 11/23/2010. (jcy) (Entered: 11/23/2010)

Nov. 23, 2010

Nov. 23, 2010

PACER
57

ORDER ADOPTING MAGISTRATE'S REPORT AND RECOMMENDATIONS. Signed by Judge Ursula Ungaro on 11/24/2010. (jcy) (Entered: 11/24/2010)

Nov. 24, 2010

Nov. 24, 2010

Clearinghouse
58

Order on Motion to Dismiss. Signed by Judge Ursula Ungaro on 1/14/2011. (jcy) (Entered: 01/18/2011)

Jan. 14, 2011

Jan. 14, 2011

Clearinghouse
59

ANSWER and Affirmative Defenses to Complaint by Thomas Arnold and by Ana Viamonte Ros. by Ana Viamonte Ros.(Shelkofsky, Morris) (Entered: 02/01/2011)

Feb. 1, 2011

Feb. 1, 2011

PACER
60

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

March 25, 2011

March 25, 2011

PACER
61

MOTION to Dismiss 1 Complaint as Moot by Elizabeth Dudek. Responses due by 4/11/2011 (Sheeran, Andrew) (Entered: 03/25/2011)

March 25, 2011

March 25, 2011

PACER
62

Case Reassignment of Paired Magistrate Judge pursuant to Administrative Orders 2010-145 and 2011-18 to Magistrate Judge Torres. Magistrate Judge Andrea M. Simonton no longer assigned to case. (vp) (Entered: 04/05/2011)

April 1, 2011

April 1, 2011

PACER
63

Agreed MOTION for Extension of Time to respond to Defendants' Motion to Dismiss by Luis Cruz, Nigel De La Torre. Responses due by 4/25/2011 (Howanitz, Jay) (Entered: 04/08/2011)

April 8, 2011

April 8, 2011

PACER
64

Order on Motion for Extension of Time ( Responses due by 4/15/2011). Signed by Judge Ursula Ungaro on 4/13/2011. (jcy) (Entered: 04/14/2011)

April 13, 2011

April 13, 2011

PACER
65

STIPULATION of Dismissal with Prejudice by Thomas Arnold, Luis Cruz, Nigel De La Torre, Elizabeth Dudek, Ana Viamonte Ros (Howanitz, Jay) (Entered: 04/15/2011)

April 15, 2011

April 15, 2011

Clearinghouse
66

Order of Voluntary Dismissal. Signed by Judge Ursula Ungaro on 4/18/2011. (jcy) (Entered: 04/19/2011)

April 18, 2011

April 18, 2011

Clearinghouse
67

Administrative Order Closing Case. Signed by Judge Ursula Ungaro on 4/18/2011. (jcy) (Entered: 04/19/2011)

April 18, 2011

April 18, 2011

PACER
68

Unopposed MOTION to Reopen Case by Luis Cruz, Nigel De La Torre. (Howanitz, Jay) (Entered: 06/20/2011)

June 20, 2011

June 20, 2011

PACER
69

Order on Motion to Reopen Case. Signed by Judge Ursula Ungaro on 6/22/2011. (jcy) (Entered: 06/23/2011)

June 22, 2011

June 22, 2011

PACER
70

MOTION for Attorney Fees and Expenses by Luis Cruz, Nigel De La Torre. Responses due by 7/22/2011 (Attachments: # 1 Exhibit Gold declaration, # 2 Exhibit Browning declaration, # 3 Exhibit Howanitz declaration, # 4 Exhibit Gold resume, # 5 Exhibit Browning resume, # 6 Exhibit Howanitz resume, # 7 Exhibit Gold timesheet, # 8 Exhibit Browning and Howanitz timesheets, # 9 Exhibit Expert Gary Fox declaration)(Howanitz, Jay) (Entered: 07/05/2011)

July 5, 2011

July 5, 2011

PACER
71

ORDER REFERRING MOTION: 70 MOTION for Attorney Fees and Expenses filed by Luis Cruz, Nigel De La Torre Motions referred to Edwin G. Torres. Signed by Judge Ursula Ungaro on 7/6/2011. (ls) (Entered: 07/06/2011)

July 6, 2011

July 6, 2011

PACER
72

NOTICE of Attorney Appearance by Enoch Jonathan Whitney on behalf of Thomas Arnold, Elizabeth Dudek, Ana Viamonte Ros, Harry Frank Farmer, Jr., M.D. (Whitney, Enoch) (Entered: 07/19/2011)

July 19, 2011

July 19, 2011

PACER
73

RESPONSE in Opposition re 70 MOTION for Attorney Fees and Expenses (Defendants' Response and Memorandum of Law in Opposition to Plaintiffs' Motion for Attorneys' Fees and Litigation Expenses), filed by Thomas Arnold, Elizabeth Dudek, Harry Frank Farmer, Jr., M.D., Ana Viamonte Ros. (Attachments: # 1 Exhibit "A" (Order Denying Plaintiff Jones' Motion to Amend First Amended Complaint), # 2 Exhibit "B" (Stipulation of Dismissal of Class Action Claims filed in Jones case), # 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" (Complaint filed in Haddad v. Arnold), # 6 Exhibit "F" (Motion for Leave to Amend First Amended Complaint filed in Jones case), # 7 Exhibit "G" (Amended Complaint filed in Robledo v. Dudek), # 8 Exhibit "H" (Examples of excessive hours or no showing of necessity for attorney Gold), # 9 Exhibit "I" (Examples of excessive hours or no showing of necessity for attorney Howanitz), # 10 Exhibit "J" (Examples of excessive hours or no showing of necessity for attorney Browning), # 11 Exhibit "K" (Hours claimed by attorney Gold with objections), # 12 Exhibit "L" (Hours claimed by attorney Howanitz with objections), # 13 Exhibit "M" (Hours claimed by attorney Browning with objections))(Whitney, Enoch) (Entered: 07/19/2011)

July 19, 2011

July 19, 2011

PACER
74

NOTICE of Compliance (Defendants' Notice of Filing Affidavit Pursuant to Local Rule 7.3(a)(8)) by Thomas Arnold, Elizabeth Dudek, Harry Frank Farmer, Jr., M.D., Ana Viamonte Ros re 73 Response in Opposition to Motion,,,,,, filed by Harry Frank Farmer, Jr., M.D., Elizabeth Dudek, Ana Viamonte Ros, Thomas Arnold (Attachments: # 1 Exhibit "A" (Affidavit of Enoch J. Whitney, Setting Forth Office of the Attorney General's Hourly Rates))(Whitney, Enoch) (Entered: 07/25/2011)

July 25, 2011

July 25, 2011

PACER
75

Unopposed MOTION for Extension of Time to file reply brief re 73 Response in Opposition to Motion,,,,,, by Luis Cruz, Nigel De La Torre. Responses due by 8/12/2011 (Howanitz, Jay) (Entered: 07/26/2011)

July 26, 2011

July 26, 2011

PACER
76

ORDER granting 75 Motion for Extension of Time to serve reply in support of Motion 70 for fees and costs, for the time period requested in the motion - through and including August 5, 2011. Docket Order Signed by Magistrate Judge Edwin G. Torres on 8/2/2011. (EGT) (Entered: 08/02/2011)

Aug. 2, 2011

Aug. 2, 2011

PACER

Reset Deadlines as to 70 MOTION for Attorney Fees and Expenses. Replies due by 8/5/2011. (tp)

Aug. 2, 2011

Aug. 2, 2011

PACER
77

REPLY to Response to Motion re 70 MOTION for Attorney Fees and Expenses filed by Luis Cruz, Nigel De La Torre. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)(Howanitz, Jay) (Entered: 08/05/2011)

Aug. 5, 2011

Aug. 5, 2011

PACER
78

MOTION for Hearing re 70 MOTION for Attorney Fees and Expenses, 77 Reply to Response to Motion, 73 Response in Opposition to Motion,,,,,, (Defendants' Request for Oral Argument upon Plaintiffs' Motion for Attorney's Fees and Litigation Costs and Defendants' Response in Oppostion), MOTION for Extension of Time to enlarge the time in which to request oral argument ( Responses due by 9/6/2011) by Thomas Arnold, Elizabeth Dudek, Harry Frank Farmer, Jr., M.D., Ana Viamonte Ros. (Whitney, Enoch) (Entered: 08/19/2011)

Aug. 19, 2011

Aug. 19, 2011

PACER
79

RESPONSE in Opposition to Defendant's Belated Request for Oral Argument on Pending Motion for Attorneys' Fees filed by Luis Cruz, Nigel De La Torre. (Howanitz, Jay) (Entered: 08/26/2011)

Aug. 26, 2011

Aug. 26, 2011

PACER
80

REPLY to Response to Motion REQUESTING ORAL ARGUMENT AND MOTION FOR ENLARGMENT OF TIME TO REQUEST ORAL ARGUMENT, filed by Elizabeth Dudek, Harry Frank Farmer, Jr., M.D.. (Whitney, Enoch) (Entered: 09/02/2011)

Sept. 2, 2011

Sept. 2, 2011

PACER
81

ORDER denying 78 Motion for Hearing; denying 78 Motion for Extension of Time to file Motion for Hearing. The request for hearing is untimely, but in any event the request for oral argument is Denied. If the Court determines upon final review of the issues raised in the underlying moion that a hearing is necessary, it shall be Ordered at that time. Docket Order Signed by Magistrate Judge Edwin G. Torres on 9/8/2011. (EGT) (Entered: 09/08/2011)

Sept. 8, 2011

Sept. 8, 2011

PACER
82

Notice of Supplemental Authority re 73 Response in Opposition to Motion,,,,,, by Elizabeth Dudek, Harry Frank Farmer, Jr., M.D. (Attachments: # 1 Exhibit A, Dionne v. Floormasters Enterprises, Inc., 647 F. 3d 1109 (C.A. 11, July 28, 2011))(Whitney, Enoch) (Entered: 09/19/2011)

Sept. 19, 2011

Sept. 19, 2011

PACER
83

Notice of Supplemental Authority re 70 MOTION for Attorney Fees and Expenses by Luis Cruz, Nigel De La Torre, Rodney A. Max (Attachments: # 1 Exhibit)(Howanitz, Jay) (Entered: 09/20/2011)

Sept. 20, 2011

Sept. 20, 2011

PACER
84

Notice of Supplemental Authority by Luis Cruz, Nigel De La Torre (Attachments: # 1 Exhibit Report and Recommendation)(Howanitz, Jay) (Entered: 10/21/2011)

Oct. 21, 2011

Oct. 21, 2011

PACER
85

Notice of Supplemental Authority re 73 Response in Opposition to Motion,,,,,, (Defendants Response and Memorandum of Law in Opposition to Plaintiffs Motion for Attorneys 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: 11/03/2011)

Nov. 3, 2011

Nov. 3, 2011

PACER
86

Notice of Supplemental Authority by Luis Cruz, Nigel De La Torre (Attachments: # 1 Exhibit)(Howanitz, Jay) (Entered: 02/02/2012)

Feb. 2, 2012

Feb. 2, 2012

PACER
87

REPORT AND RECOMMENDATION re 70 Plaintiffs' Motion for Attorney Fees and Costs; Recommending Motion be Granted in Part, Denied in Part - Objections to R&R due by 3/1/2012. Signed by Magistrate Judge Edwin G. Torres on 2/13/2012. (dgm) (Entered: 02/13/2012)

Feb. 13, 2012

Feb. 13, 2012

PACER
88

NOTICE of Settlement by Luis Cruz, Nigel De La Torre (Howanitz, Jay) (Entered: 03/01/2012)

March 1, 2012

March 1, 2012

PACER
89

Notice of Court Practice Upon Notice of Settlement. Signed by Judge Ursula Ungaro on 3/2/2012. (jcy) (Entered: 03/05/2012)

March 2, 2012

March 2, 2012

PACER
90

STIPULATION of Dismissal With Prejudice by Luis Cruz, Nigel De La Torre (Howanitz, Jay) (Entered: 03/09/2012)

March 9, 2012

March 9, 2012

Clearinghouse
91

Order of Dismissal with Prejudice. Signed by Judge Ursula Ungaro on 3/16/2012. (jcy) (Entered: 03/16/2012)

March 16, 2012

March 16, 2012

PACER

Case Details

State / Territory: Florida

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Olmstead Cases

Multi-LexSum (in sample)

Key Dates

Filing Date: Aug. 17, 2010

Closing Date: March 16, 2012

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiffs are two individuals with quadriplegia. Due to their mobility impairments, they require adequate home care services in order to 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):

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

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Issues

General:

Deinstitutionalization/decarceration

Habilitation (training/treatment)

Individualized planning

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