Case: Jimmo v. Sebelius

5:11-cv-00017 | U.S. District Court for the District of Vermont

Filed Date: Jan. 18, 2011

Closed Date: 2013

Clearinghouse coding complete

Case Summary

This case concerns the "Improvement Standard," a rule of thumb that required many beneficiaries to show a likelihood of medical or functional improvement before Medicare would pay for skilled nursing and therapy services. As a result, some people are forced into nursing homes or suffer other adverse medical outcomes. The complaint, with five beneficiary plaintiffs and five national organization plaintiffs, was filed in the U.S. District Court for the District of Vermont, along with a motion f…

This case concerns the "Improvement Standard," a rule of thumb that required many beneficiaries to show a likelihood of medical or functional improvement before Medicare would pay for skilled nursing and therapy services. As a result, some people are forced into nursing homes or suffer other adverse medical outcomes. The complaint, with five beneficiary plaintiffs and five national organization plaintiffs, was filed in the U.S. District Court for the District of Vermont, along with a motion for certification of a nationwide class, on January 18, 2011. On March 3, plaintiffs filed an amended complaint that added two more organization plaintiffs and one beneficiary plaintiff. The parties completed briefing of the class motion in early May 2011.

Oral argument on the government's motion to dismiss was held on July 14, 2011. On October 25, 2011, the court largely denied the motion to dismiss. 2011 WL 5104355. After the Secretary filed an Answer on November 8, 2011, discovery was stayed for settlement discussions. On July 20, 2012, the parties reported to the court that they had reached an agreement in principle. In October 2012, the parties filed a settlement agreement, which was approved by the court (Chief Judge Christina C. Reiss) on January 24, 2013. The agreement significantly changes Medicare coverage rules; Medicare will pay for services if they are needed to "maintain the patient's current condition or prevent or slow further deterioration," regardless of whether the patient's condition is expected to improve. The Court will monitor compliance for four years.

In the settlement, the government agreed to pay an unspecified amount for reasonable attorneys' fees and costs to the plaintiffs.

Summary Authors

Alex Colbert-Taylor (6/24/2013)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4408461/parties/jimmo-v-health-and-human-services-secretary/


Judge(s)

Reiss, Christina Clair (Vermont)

Attorneys(s) for Plaintiff

Benvenuto, Michael Kelly (Vermont)

Berger, David J. (California)

Bers, Alice (Connecticut)

Deford, Gill (Connecticut)

Edelman, Toby (District of Columbia)

Gifford, Nancy V. (Vermont)

Green, Devon J. (Vermont)

Kwok, Wey-Wey (Vermont)

Murphy, Margaret (Connecticut)

Judge(s)

Reiss, Christina Clair (Vermont)

Attorneys(s) for Plaintiff

Benvenuto, Michael Kelly (Vermont)

Berger, David J. (California)

Bers, Alice (Connecticut)

Deford, Gill (Connecticut)

Edelman, Toby (District of Columbia)

Gifford, Nancy V. (Vermont)

Green, Devon J. (Vermont)

Kwok, Wey-Wey (Vermont)

Murphy, Margaret (Connecticut)

Reed, Matthew R. (California)

Stein, Judith A. (Connecticut)

Attorneys(s) for Defendant

Bressler, Steven Y. (District of Columbia)

Coffin, Tristram J. (District of Columbia)

Delery, Stuart F. (District of Columbia)

Doyle, Kevin J. (Vermont)

Hoffman, Janice L (District of Columbia)

Lieber, Sheila M. (District of Columbia)

Lyons, Susan Maxson (District of Columbia)

Moore, Tamra (District of Columbia)

Rivera, William Alvarado (District of Columbia)

Roddy, Kirsten Friedel (District of Columbia)

Schultz, William B (District of Columbia)

Zee, M. Andrew (District of Columbia)

Documents in the Clearinghouse

Document

Docket [PACER]

Jimmo v. Health and Human Services Secretary

Jan. 25, 2013 Docket
1

Class Action Complaint for Declaratory, Injunctive, and Mandamus Relief

Jan. 13, 2011 Complaint
4

Motion for Class Certification and Appointment for Class Counsel

Jan. 18, 2011 Pleading / Motion / Brief
13

Amended Complaint for Declaratory, Injunctive, and Mandamus Relief

March 3, 2011 Complaint
56

Opinion and Order Denying in Part and Granting in Part Defendant's Motion to Dismiss for Lack of Subject Matter Jurisdiction and Denying Defendant's Motion to Dismiss for Failure to State a Claim

2011 WL 5104355

Oct. 25, 2011 Order/Opinion
64

Order Denying Partial Reconsideration of Opinion and Order of October 25, 2011

Dec. 23, 2011 Order/Opinion
82

Joint Notice Regarding Settlement Agreement

Oct. 16, 2012 Settlement Agreement
82-1

[Proposed] Settlement Agreement

Oct. 16, 2012 Settlement Agreement
86

Order Preliminarily Approving Settlement Agreement, Preliminarily Certifying the Class, Approving Class Notice, and Setting Fairness Hearing

Nov. 20, 2012 Order/Opinion
92

Order Granting Final Approval of Settlement Agreement and Directing Entry of Final Judgment

Jan. 24, 2013 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4408461/jimmo-v-health-and-human-services-secretary/

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

ECF Number Description Date Link
1

CLASS ACTION COMPLAINT for Declaratory, Injunctive and Mandamus Relief against Health and Human Services Secretary, Kathleen Sebelius filed by Glenda Jimmo, KR, Miriam Katz, Edith Masterman, Mary Patricia Boitano, National Committee to Preserve Social Security and Medicare, National Multiple Sclerosis Society, Parkinson's Action Network, Paralyzed Veterans of America, and American Academy of Physical Medicine and Rehabilitation. Summonses issued. (Attachments: # 1 Civil Cover Sheet)(pam) (Entered: 01/18/2011)

Jan. 18, 2011 RECAP
2

MOTION to Seal Reference List by American Academy of Physical Medicine and Rehabilitation, Mary Patricia Boitano, Glenda Jimmo, KR, Miriam Katz, Edith Masterman, National Committee to Preserve Social Security and Medicare, National Multiple Sclerosis Society, Paralyzed Veterans of America, Parkinson's Action Network. (Attachments: # 1 Reference List)(Images are sealed) (pam) (Entered: 01/18/2011)

Jan. 18, 2011 PACER
3

MOTION for One Plaintiff to Proceed Under a Pseudonym by KR.(pam) (Entered: 01/18/2011)

Jan. 18, 2011 PACER
4

MOTION for Class Certification, MOTION for Appointment of Class Counsel by American Academy of Physical Medicine and Rehabilitation, Mary Patricia Boitano, Glenda Jimmo, KR, Miriam Katz, Edith Masterman, National Committee to Preserve Social Security and Medicare, National Multiple Sclerosis Society, Paralyzed Veterans of America, Parkinson's Action Network. (Attachments: # 1 Memorandum in Support)(pam) Text clarified on 1/19/2011 (jlh). (Entered: 01/18/2011)

Jan. 18, 2011 PACER
5

MOTION to File Oversized Brief in Support of 4 MOTION for Class Certification and MOTION for Appointment of Class Counsel by American Academy of Physical Medicine and Rehabilitation, Mary Patricia Boitano, Glenda Jimmo, KR, Miriam Katz, Edith Masterman, National Committee to Preserve Social Security and Medicare, National Multiple Sclerosis Society, Paralyzed Veterans of America, Parkinson's Action Network.(pam) (Entered: 01/18/2011)

Jan. 18, 2011 PACER
7

ORDER granting 5 Motion to Exceed Page Limit. Signed by Chief Judge Christina Reiss on 1/31/2011. (This is a text only Order.) (cle) (Entered: 01/31/2011)

Jan. 31, 2011 PACER
8

STIPULATED MOTION for Extension of Time to File Response/Reply as to 4 MOTION to Certify Class MOTION to Appoint Counsel, 3 MOTION for One Plaintiff to Proceed Under a Pseudonym by Health and Human Services Secretary. (Attachments: # 1 Certificate of Service)(Doyle, Kevin) (Entered: 02/02/2011)

Feb. 2, 2011 PACER
9

MOTION for Appearance Pro Hac Vice by American Academy of Physical Medicine and Rehabilitation, Mary Patricia Boitano, Glenda Jimmo, KR, Miriam Katz, Edith Masterman, National Committee to Preserve Social Security and Medicare, National Multiple Sclerosis Society, Paralyzed Veterans of America, Parkinson's Action Network. (Attachments: # 1 Affidavit of Judith Stein, # 2 Affidavit of Margaret Murphy, # 3 Affidavit of Nancy Gifford, # 4 Affidavit of Wey-Wey Kwok, # 5 Affidavit of Toby Edelman, # 6 Text of Proposed Order)(jlh) (Entered: 02/04/2011)

Feb. 4, 2011 PACER
10

ORDER granting 8 Motion for Extension of Time to File Response to pending motions. Signed by Chief Judge Christina Reiss on 2/3/2011. (This is a text only Order.) (cle) (Entered: 02/08/2011)

Feb. 8, 2011 PACER
11

ORDER granting 9 Motion for Admission Pro Hac Vice re: Judith A. Stein, Esq., Margaret Murphy, Esq., Nancy V. Gifford, Esq., Wey-Wey Kwok, Esq., and Toby S. Edelman, Esq. Signed by Chief Judge Christina Reiss on 2/8/2011. (This is a text only Order.) (cle) (Entered: 02/10/2011)

Feb. 10, 2011 PACER
12

MOTION for Admission of DOJ Trial Attorney Steven Bressler With Exemption From the Requirement That Applicant Be Admitted To Another Federal District Court by Health and Human Services Secretary. (Attachments: # 1 Declaration of Steven Bressler, # 2 Text of Proposed Order, # 3 Certificate of Service)(Doyle, Kevin) (Entered: 02/17/2011)

Feb. 17, 2011 PACER
13

AMENDED COMPLAINT against Health and Human Services Secretary filed by Paralyzed Veterans of America, American Academy of Physical Medicine and Rehabilitation, Miriam Katz, Parkinson's Action Network, Glenda Jimmo, KR, Mary Patricia Boitano, Edith Masterman, National Committee to Preserve Social Security and Medicare, National Multiple Sclerosis Society, Rosalie McGill, Alzheimer's Disease and Related Disorders Association, Inc., United Cerebral Palsy, Kenneth Roberts.(law) (Entered: 03/03/2011)

March 3, 2011 PACER
14

MOTION to Certify Class, MOTION to Appoint Counsel by Alzheimer's Disease and Related Disorders Association, Inc., Rosalie McGill, United Cerebral Palsy. (Attachments: # 1 Memorandum in Support)(law) (Entered: 03/03/2011)

March 3, 2011 PACER
15

MOTION to Seal Reference List re: 13 Amended Complaint by Alzheimer's Disease and Related Disorders Association, Inc., American Academy of Physical Medicine and Rehabilitation, Mary Patricia Boitano, Glenda Jimmo, KR, Miriam Katz, Edith Masterman, Rosalie McGill, National Committee to Preserve Social Security and Medicare, National Multiple Sclerosis Society, Paralyzed Veterans of America, Parkinson's Action Network, Kenneth Roberts, United Cerebral Palsy. (Attachments: # 1 Reference List (image is sealed))(law) (Entered: 03/03/2011)

March 3, 2011 PACER
16

ORDER granting 15 Motion to Seal. Sealing relates to personal identifying information unrelated to the merits of the case. Signed by Chief Judge Christina Reiss on 3/4/2011. (This is a text only Order.) (cle) (Entered: 03/04/2011)

March 4, 2011 PACER
17

ORDER granting 12 Motion for Admission of DOJ Trial Attorney Steven Bressler. Signed by Chief Judge Christina Reiss on 3/8/2011. (This is a text only Order.) (cle) (Entered: 03/09/2011)

March 9, 2011 PACER
18

STIPULATED MOTION for Extension of Time to File Response/Reply as to 4 MOTION to Certify Class MOTION to Appoint Counsel, 14 MOTION to Certify Class MOTION to Appoint Counsel, 13 Amended Complaint, by Health and Human Services Secretary. (Attachments: # 1 Certificate of Service)(Doyle, Kevin) (Entered: 03/10/2011)

March 10, 2011 PACER
19

ORDER granting 18 Motion for Extension of Time to File Response to 4 and 14 Motions to Certify Class and 13 Amended Complaint. Signed by Chief Judge Christina Reiss on 3/11/2011. (This is a text only Order.) (cle) (Entered: 03/14/2011)

March 14, 2011 PACER
20

RESPONSE to 2 MOTION to Seal, 3 MOTION for One Plaintiff to Proceed Under a Pseudonym filed by Health and Human Services Secretary. (Bressler, Steven) (Entered: 03/18/2011)

March 18, 2011 PACER
21

ORDER granting 3 Motion for One Plaintiff to Proceed Under a Pseudonym. Signed by Chief Judge Christina Reiss on 3/21/2011. (This is a text only Order.) (cle) (Entered: 03/22/2011)

March 22, 2011 PACER
22

AFFIDAVIT of Service for summons and complaint served on Kathleen Sebelius on 1/19/2011 filed by Alzheimer's Disease and Related Disorders Association, Inc., American Academy of Physical Medicine and Rehabilitation, Mary Patricia Boitano, Glenda Jimmo, KR, Miriam Katz, Edith Masterman, Rosalie McGill, National Committee to Preserve Social Security and Medicare, National Multiple Sclerosis Society, Paralyzed Veterans of America, Parkinson's Action Network, Kenneth Roberts, United Cerebral Palsy. (Attachments: # 1 Certificate of Service)(Benvenuto, Michael) Date served corrected on 3/24/2011 (jlh). (Entered: 03/23/2011)

March 23, 2011 PACER
23

NOTICE OF DOCKET ENTRY CORRECTION re: 22 Affidavit of Service. The document image has been broken apart and reattached to the docket. The corrected images are also attached to this entry. (Attachments: # 1 Return Receipts) (jlh) (Entered: 03/24/2011)

March 24, 2011 PACER
24

UNOPPOSED MOTION for Leave to Exceed Page Limit re: Motion to Dismiss Amended Complaint by Health and Human Services Secretary.(Bressler, Steven) Text clarified on 4/11/2011 (jlh). (Entered: 04/08/2011)

April 8, 2011 PACER
25

MOTION to Dismiss the Amended Complaint for Lack of Subject Matter Jurisdiction or, in the Alternative, MOTION for Failure to State a Claim Upon Which Relief May Be Granted by Health and Human Services Secretary. (Attachments: # 1 Memorandum in Support, # 2 Exhibit 1, # 3 Exhibit 2)(Bressler, Steven). Added MOTION relief on 6/8/2011 (jlh). (Entered: 04/11/2011)

April 11, 2011 PACER
26

RESPONSE in Opposition re 4 MOTION to Certify Class MOTION to Appoint Counsel, 14 MOTION to Certify Class MOTION to Appoint Counsel filed by Health and Human Services Secretary. (Bressler, Steven) (Entered: 04/11/2011)

April 11, 2011 PACER
27

ORDER granting 24 Motion to File Memorandum of Law in Excess of Page Limit. Signed by Chief Judge Christina Reiss on 4/12/2011. (This is a text only Order.) (cle) (Entered: 04/12/2011)

April 12, 2011 PACER
28

UNOPPOSED MOTION for Extension of Time to File Response/Reply re: 4 Motion for Class Certification and for Appointment of Class Counseland UNOPPOSED MOTION to Exceed Page Limit by Glenda Jimmo.(Deford, Gill). Added MOTION for Leave to Exceed Page Limit and link on 4/20/2011 (law). (Entered: 04/20/2011)

April 20, 2011 PACER
29

ORDER granting 28 Unopposed Motion for Extension of Time to File Reply and Motion to Exceed Page Limit re: 4 Motion for Class Certification and for Appointment of Class Counsel . Signed by Chief Judge Christina Reiss on 4/25/2011. (This is a text only Order.) (cle) Link added on 4/26/2011 (law). (Entered: 04/25/2011)

April 25, 2011 PACER
30

NOTICE of Hearing re: 25 MOTION to Dismiss the Amended Complaint for Lack of Subject Matter Jurisdiction or, in the Alternative, for Failure to State a Claim Upon Which Relief May Be Granted. Motion Hearing set for 7/14/2011 at 10:00 AM in Rutland Courtroom before Chief Judge Christina Reiss. (pam) (Entered: 05/13/2011)

May 13, 2011 PACER
31

REPLY to Response to 4 MOTION to Certify Class MOTION to Appoint Counsel, 14 MOTION to Certify Class MOTION to Appoint Counsel Reply Memorandum in Support of Plaintiff's' Motion for Class Certification and Appointment of Class Counsel filed by Glenda Jimmo. (Attachments: # 1 Affidavit of Judith A. Stein, # 2 Affidavit of Maureen L. Howard, # 3 Affidavit of Wey-Wey Kwok)(Deford, Gill) (Entered: 05/16/2011)

May 16, 2011 PACER
32

RESPONSE in Opposition re 25 MOTION to Dismiss the Amended Complaint for Lack of Subject Matter Jurisdiction or, in the Alternative, MOTION for Failure to State a Claim Upon Which Relief May Be Granted filed by Glenda Jimmo. (Attachments: # 1 Affidavit of Devon J. Green)(Deford, Gill) Text clarified on 6/8/2011 (jlh). (Entered: 05/16/2011)

May 16, 2011 PACER
33

UNOPPOSED MOTION for Leave to Exceed Page Limit re 25 MOTION to Dismiss the Amended Complaint for Lack of Subject Matter Jurisdiction or, in the Alternative, for Failure to State a Claim Upon Which Relief May Be Granted Motion For Leave To File A Reply Memorandum of 20 Pages, UNOPPOSED MOTION for Extension of Time to File Defendant's Reply Memorandum by Health and Human Services Secretary.(Bressler, Steven) (Entered: 05/17/2011)

May 17, 2011 PACER
34

MOTION to Withdraw by Attorney Kevin J. Doyle, AUSA for Health and Human Services Secretary. (Attachments: # 1 Certificate of Service)(Doyle, Kevin) Text clarified on 5/20/2011 (jlh). (Entered: 05/18/2011)

May 18, 2011 PACER
35

ORDER granting 34 Motion to Withdraw as Attorney re: Kevin J. Doyle, Esq. Signed by Chief Judge Christina Reiss on 5/23/2011. (This is a text only Order.) (cle) (Entered: 05/23/2011)

May 23, 2011 PACER
36

ORDER granting 33 Unopposed Motion to Exceed Page Limit and granting 33 Unopposed Motion for Extension of Time to File Reply Memorandum. Signed by Chief Judge Christina Reiss on 5/26/2011. (This is a text only Order.) (cle) (Entered: 05/26/2011)

May 26, 2011 PACER
37

SUGGESTION OF DEATH Upon the Record as to Plaintiffs' Statement Noting Death of Plaintiff Mary Patricia Boitano by Glenda Jimmo. (Deford, Gill) (Entered: 06/01/2011)

June 1, 2011 PACER
38

MOTION to Substitute Party as to Plaintiff Mary Patricia Boitano filed by Glenda Jimmo(Deford, Gill) Text clarified on 6/3/2011 (law). (Entered: 06/02/2011)

June 2, 2011 PACER
39

STATUS REPORT Re: Opposition to 25 Motion to Dismiss by Glenda Jimmo. (Attachments: # 1 Exhibit A and B)(Deford, Gill) Text clarified, link added on 6/7/2011 (jlh). (Attachment 1 replaced on 6/7/2011) (jlh). (Additional attachment(s) added on 6/7/2011: # 2 Exhibit B) (jlh). (Entered: 06/06/2011)

June 6, 2011 PACER
40

CONSENTED-TO MOTION for Extension of Time to File Response/Reply as to 25 MOTION to Dismiss the Amended Complaint for Lack of Subject Matter Jurisdiction or, in the Alternative, MOTION for Failure to State a Claim Upon Which Relief May Be Granted filed by Health and Human Services Secretary(Bressler, Steven) Text clarified on 6/8/2011 (jlh). (Entered: 06/07/2011)

June 7, 2011 PACER
41

NOTICE OF DOCKET ENTRY CORRECTION re: 39 Status Report filed by Glenda Jimmo. The attachments were docketed as one image; the image has been broken apart and reattached to the docket as separate images. The exhibits are now attached to 39 as well as this entry. (Attachments: # 1 Exhibit B) (jlh) (Entered: 06/07/2011)

June 7, 2011 PACER
42

ORDER granting 40 Unopposed Motion for Extension of Time to File Reply as to 25 MOTION to Dismiss the Amended Complaint for Lack of Subject Matter Jurisdiction or, in the Alternative, MOTION for Failure to State a Claim Upon Which Relief May be Granted. Signed by Chief Judge Christina Reiss on 6/7/2011. (This is a text only Order.) (cle) Link added on 6/8/2011 (jlh). (Entered: 06/08/2011)

June 8, 2011 PACER
43

ORDER granting 38 Motion to Substitute Party as to Plaintiff Mary Patricia Boitano. Signed by Chief Judge Christina Reiss on 6/22/2011. (This is a text only Order.) (cle) (Entered: 06/22/2011)

June 22, 2011 PACER
44

SECOND STATUS REPORT Re: Opposition to 25 Motion to Dismiss by Glenda Jimmo. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Deford, Gill) Link added on 6/30/2011 (jlh). (Entered: 06/29/2011)

June 29, 2011 PACER
45

REPLY to Response to 25 MOTION to Dismiss the Amended Complaint for Lack of Subject Matter Jurisdiction or, in the Alternative, for Failure to State a Claim Upon Which Relief May Be Granted MOTION for Failure to State a Claim Upon Which Relief May be Granted filed by Health and Human Services Secretary. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Certificate of Service)(Bressler, Steven) (Entered: 07/01/2011)

July 1, 2011 PACER
46

MINUTE ENTRY for proceedings held before Chief Judge Christina Reiss: Motion Hearing re: 25 MOTION to Dismiss the Amended Complaint for Lack of Subject Matter Jurisdiction or, in the Alternative, for Failure to State a Claim Upon Which Relief May Be Granted held on 7/14/2011. G. Deford, Esq., D. Green, Esq., and M. Benvenuto, Esq. present for Pltfs., T. Moore, SAUSA present for dft. Counsel make statements and Court makes inquires. ORDERED: 25 MOTION to Dismiss the Amended Complaint taken under advisement. (Court Reporter: Anne Henry) (pam) Text clarified on 7/17/2011 (law). (Entered: 07/14/2011)

July 14, 2011 PACER
47

MOTION for Leave to File Sur-Reply on 25 Motion to Dismiss filed by Glenda Jimmo (Attachments: # 1 Proposed Sur-Reply)(Deford, Gill) Text clarified on 7/25/2011 (law). (Entered: 07/22/2011)

July 22, 2011 PACER
48

ORDER granting 47 Motion for Leave to File Sur-Reply to 25 Motion to Dismiss the Amended Complaint. Signed by Chief Judge Christina Reiss on 7/28/2011. (This is a text only Order.) (cle) (Entered: 07/28/2011)

July 28, 2011 PACER
49

SURREPLY re 25 MOTION to Dismiss the Amended Complaint for Lack of Subject Matter Jurisdiction or, in the Alternative, MOTION for Failure to State a Claim Upon Which Relief May be Granted filed by Glenda Jimmo. (Deford, Gill) Text clarified on 8/3/2011 (jlh). (Entered: 08/02/2011)

Aug. 2, 2011 PACER
50

UNOPPOSED MOTION for Leave to File a Response to Plaintiffs' Surreply re: 25 MOTION to Dismiss the Amended Complaint for Lack of Subject Matter Jurisdiction or, in the Alternative, MOTION for Failure to State a Claim Upon Which Relief May Be Granted filed by Health and Human Services Secretary (Attachments: # 1 Proposed Response)(Bressler, Steven) Link added & description of attachment clarified on 8/5/2011 (law). (Entered: 08/04/2011)

Aug. 4, 2011 PACER
51

NOTICE of Recent Authority by Health and Human Services Secretary re 4 MOTION to Certify Class MOTION to Appoint Counsel, 14 MOTION to Certify Class MOTION to Appoint Counsel (Attachments: # 1 Wal-Mart Stores, Inc. v. Dukes, No. 10-277, 564 U.S. ---- (June 20, 2011))(Bressler, Steven) (Entered: 08/05/2011)

Aug. 5, 2011 PACER
52

ORDER granting 50 Unopposed Motion for Leave to File a Response to Plaintiff's Surreply re: 25 Motion to Dismiss. Signed by Chief Judge Christina Reiss on 8/9/2011. (This is a text only Order.) (pjl) (Entered: 08/09/2011)

Aug. 9, 2011 PACER
53

RESPONSE to Suprreply re 25 MOTION to Dismiss the Amended Complaint for Lack of Subject Matter Jurisdiction or, in the Alternative, MOTION for Failure to State a Claim Upon Which Relief May be Granted by Health and Human Services Secretary. (Attachments: # 1 Certificate of Service)(Moore, Tamra) Text clarified & link corrected on 8/9/2011 (law) (Entered: 08/09/2011)

Aug. 9, 2011 PACER
54

MOTION to have Nancy V. Gifford, Esq. withdrawn as counsel for Plaintiffs filed by Glenda Jimmo.(Deford, Gill) Modified on 9/13/2011 (jlh). (Entered: 09/12/2011)

Sept. 12, 2011 PACER
55

ORDER granting 54 Motion to Withdraw as Attorney re: Nancy V. Gifford. Signed by Chief Judge Christina Reiss on 9/13/2011. (This is a text only Order.) (cle) (Entered: 09/13/2011)

Sept. 13, 2011 PACER
56

OPINION AND ORDER denying in part and granting in part 25 Motion to Dismiss for Lack of Subject Matter Jurisdiction; and denying 25 Motion to Dismiss for Failure to State a Claim Upon Which Relief May be Granted. Signed by Chief Judge Christina Reiss on 10/25/2011. (pam) (Entered: 10/25/2011)

Oct. 25, 2011 RECAP
57

MOTION for Partial Reconsideration re 56 Opinion and Order granting Motion to Dismiss the claims of Plaintiff Edith Masterman filed by Alzheimer's Disease and Related Disorders Association, Inc., American Academy of Physical Medicine and Rehabilitation, George Boitano, Mary Patricia Boitano, Glenda Jimmo, KR, Miriam Katz, Edith Masterman, Rosalie McGill, National Committee to Preserve Social Security and Medicare, National Multiple Sclerosis Society, Paralyzed Veterans of America, Parkinson's Action Network, Kenneth Roberts, United Cerebral Palsy. (Attachments: # 1 Memorandum in Support)(Deford, Gill) Text clarafied on 11/6/2011 (law). (Entered: 11/04/2011)

Nov. 4, 2011 PACER
58

ANSWER to 13 Amended Complaint, by Health and Human Services Secretary.(Bressler, Steven) (Entered: 11/08/2011)

Nov. 8, 2011 PACER
59

RESPONSE in Opposition re 57 MOTION for Partial Reconsideration re 56 Opinion and Order granting Motion to Dismiss the Claims of Plaintiff Edith Masterman filed by Health and Human Services Secretary. (Attachments: # 1 Certificate of Service)(Bressler, Steven) Text clarified on 11/22/2011 (jlh). (Entered: 11/16/2011)

Nov. 16, 2011 PACER
60

REPLY MEMORANDUM to Response to 57 Motion for Partial Reconsideration re 56 Opinion and Order granting Motion to Dismiss the Claims of Plaintiff Edith Masterman by Glenda Jimmo. (Deford, Gill) Text clarified on 11/29/2011 (jlh). (Entered: 11/28/2011)

Nov. 28, 2011 PACER
61

NOTICE of Medicare Appeals Council Decision Denying Reopening for Plaintiff K.R. by KR. (Attachments: # 1 Supplement MAC Decision, # 2 Certificate of Service)(Green, Devon) (Entered: 12/08/2011)

Dec. 8, 2011 PACER
62

MOTION for Appearance Pro Hac Vice of Alice Bers, David J. Berger and Matthew R. Reed filed by Alzheimer's Disease and Related Disorders Association, Inc., American Academy of Physical Medicine and Rehabilitation, George Boitano, Glenda Jimmo, KR, Miriam Katz, Edith Masterman, Rosalie McGill, National Committee to Preserve Social Security and Medicare, National Multiple Sclerosis Society, Paralyzed Veterans of America, Parkinson's Action Network, Kenneth Roberts, United Cerebral Palsy. (Attachments: # 1 Affidavit of Alice Bers, # 2 Certificate of Good Standing of Alice Bers, # 3 Affidavit of David J. Berger, # 4 Certificate of Good Standing of David J. Berger, # 5 Affidavit of Matthew R. Reed, # 6 Certificate of Good Standing of Matthew R. Reed, # 7 Text of Proposed Order)(law) (Entered: 12/21/2011)

Dec. 21, 2011 PACER
63

ORDER granting 62 Motion for Admission Pro Hac Vice re: Alice Bers, Esq., David J. Berger, Esq., and Matthew R. Reed, Esq. Signed by Chief Judge Christina Reiss on 12/22/2011. (This is a text only Order.) (cle) (Entered: 12/23/2011)

Dec. 23, 2011 PACER
64

ORDER: denying 57 MOTION for Partial Reconsideration re 56 Opinion and Order granting Motion to Dismiss the Claims of Plaintiff Edith Masterman. Signed by Chief Judge Christina Reiss on 12/23/2011. (wjf) (Entered: 12/23/2011)

Dec. 23, 2011 PACER
65

PROPOSED Stipulated Discovery Schedule/Order by Alzheimer's Disease and Related Disorders Association, Inc., American Academy of Physical Medicine and Rehabilitation, George Boitano, Mary Patricia Boitano, Health and Human Services Secretary, Glenda Jimmo, KR, Miriam Katz, Edith Masterman, Rosalie McGill, National Committee to Preserve Social Security and Medicare, National Multiple Sclerosis Society, Paralyzed Veterans of America, Parkinson's Action Network, Kenneth Roberts, United Cerebral Palsy.(Deford, Gill) (Entered: 12/23/2011)

Dec. 23, 2011 PACER
66

STIPULATED DISCOVERY SCHEDULE/ORDER Discovery due by 7/9/2012. Motions due by 1/15/2013. Case to be trial ready no later than four months after the Court has ruled on Motions for Summary Judgment. Signed by Chief Judge Christina Reiss on 1/3/2012. (pam) (Entered: 01/09/2012)

Jan. 9, 2012 PACER
67

STIPULATED MOTION to Stay Proceedings for 30 Days filed by Health and Human Services Secretary. (Attachments: # 1 Certificate of Service)(Bressler, Steven) (Entered: 01/09/2012)

Jan. 9, 2012 PACER
68

ORDER granting 67 Stipulated Motion to Stay Case for 30 Days. Signed by Chief Judge Christina Reiss on 1/10/2012. (This is a text only Order.) (cle) (Entered: 01/10/2012)

Jan. 10, 2012 PACER
69

STIPULATED MOTION to Extend Stay of Proceedings By 30 Additional Days filed by Health and Human Services Secretary. (Attachments: # 1 Certificate of Service)(Bressler, Steven) Event modified on 2/8/2012 (law). (Entered: 02/08/2012)

Feb. 8, 2012 PACER
70

ORDER granting 69 Stipulated Motion to Extend Stay by 30 Additional Days. Signed by Chief Judge Christina Reiss on 2/9/2012. (This is a text only Order.) (cle) (Entered: 02/09/2012)

Feb. 9, 2012 PACER
71

STIPULATED MOTION to Extend Stay of Proceedings by 60 Additional Days filed by Health and Human Services Secretary.(Zee, M.) (Entered: 03/09/2012)

March 9, 2012 PACER
72

ORDER granting 71 Stipulated Motion to Extend Stay of Proceedings by 60 Additional Days. Stay is extended for an additional 60 days as are all deadlines in the existing discovery schedule. A further stay is unlikely absent compelling circumstances. Signed by Chief Judge Christina Reiss on 3/14/2012. (This is a text only Order.) (cle) (Entered: 03/14/2012)

March 14, 2012 PACER
73

JOINT MOTION to Extend Stay of Proceedings to Permit the Parties to Continue Settlement Discussions and Request, in the Alternative, REQUEST for a Status Conference filed by Alzheimer's Disease and Related Disorders Association, Inc., George Boitano, Mary Patricia Boitano, Health and Human Services Secretary, Glenda Jimmo, KR, Miriam Katz, Rosalie McGill, National Committee to Preserve Social Security and Medicare, National Multiple Sclerosis Society, Paralyzed Veterans of America, Parkinson's Action Network, Kenneth Roberts, United Cerebral Palsy. (Attachments: # 1 Certificate of Service)(Bressler, Steven) Added Motion on 5/7/2012 (law). (Entered: 05/07/2012)

May 7, 2012 PACER
74

ORDER granting in part 73 Motion to Stay; and granting 73 Motion for Hearing. The court will continue the stay until such time as a status conference may be held at which the parties may appear in person, by video conference or by telephone as they so request. At the status conference, the court will inquire as to whether it is likely that there will be further requests for a stay and if so of what anticipated duration. The court is mindful that this case implicates individuals beyond the parties before the court but is concerned that delay pre-resolution be minimized in anticipation that a request for additional time to implement any resolution will also be requested. Signed by Chief Judge Christina Reiss on 5/9/2012. (This is a text only Order.) (cle) (Entered: 05/10/2012)

May 10, 2012 PACER
75

NOTICE of Hearing: Status Conference set for 6/20/2012, 11:30 AM in Rutland Courtroom before Chief Judge Christina Reiss. (pjl) (Entered: 05/22/2012)

May 22, 2012 PACER
76

MINUTE ENTRY for proceedings held before Chief Judge Christina Reiss: Status Conference held on 6/20/2012. G. Deford, Esq. & M. Benvenuto, Esq. present for pltfs. AUSA M.A. Zee & S. Bressler, Esq. present by videoconference for dft. Court makes inquiries and counsel make statements regarding case status. Counsel states that they are working towards settlement and have set proposed deadlines for the settlement process. ORDERED: Parties are to inform the court by 7/20/2012 if there is a settlement in principle. The parties are to submit a written settlement document to the court by 10/1/2012. (Court Reporter: Linda O'Brien, O'Brien Court Reporting) (pjl) (Entered: 06/20/2012)

June 20, 2012 PACER
77

JOINT STATUS REPORT by Alzheimer's Disease and Related Disorders Association, Inc., American Academy of Physical Medicine and Rehabilitation, George Boitano, Mary Patricia Boitano, Health and Human Services Secretary, Glenda Jimmo, KR, Miriam Katz, Edith Masterman, Rosalie McGill, National Committee to Preserve Social Security and Medicare, National Multiple Sclerosis Society, Paralyzed Veterans of America, Parkinson's Action Network, Kenneth Roberts, United Cerebral Palsy. (Deford, Gill) (Entered: 07/20/2012)

July 20, 2012 PACER
78

STIPULATED MOTION for Extension of Time to File Settlement Agreement filed by Health and Human Services Secretary. (Attachments: # 1 Certificate of Service)(Bressler, Steven) (Entered: 10/01/2012)

Oct. 1, 2012 PACER
79

ORDER granting 78 Stipulated Motion to Extend Deadline to Submit Written Settlement Agreement. Signed by Chief Judge Christina Reiss on 10/2/2012. (This is a text only Order.) (cle) (Entered: 10/02/2012)

Oct. 2, 2012 PACER
80

SECOND STIPULATED MOTION for Extension of Time to File Settlement Agreement filed by Health and Human Services Secretary. (Attachments: # 1 Certificate of Service)(Zee, M.) (Entered: 10/10/2012)

Oct. 10, 2012 PACER
81

ORDER granting 80 Second Stipulated Motion to Extend Deadline to Submit Written Settlement Document. Signed by Chief Judge Christina Reiss on 10/15/2012. (This is a text only Order.) (cle) (Entered: 10/15/2012)

Oct. 15, 2012 PACER
82

JOINT NOTICE Regarding Settlement Agreement by Glenda Jimmo et al, Health and Human Services Secretary (Attachments: # 1 Proposed Settlement Agreement, # 2 Certificate of Service)(Bressler, Steven) Text clarified on 10/16/2012 (law). (Entered: 10/16/2012)

1 Proposed Settlement Agreement

View on RECAP

2 Certificate of Service

View on PACER

Oct. 16, 2012 PACER
83

JOINT MOTION Preliminary Approval of Class Settlement and Notice Plan re 82 Notice of Settlement filed by Alzheimer's Disease and Related Disorders Association, Inc., American Academy of Physical Medicine and Rehabilitation, George Boitano, Mary Patricia Boitano, Glenda Jimmo, KR, Miriam Katz, Edith Masterman, Rosalie McGill, National Committee to Preserve Social Security and Medicare, National Multiple Sclerosis Society, Paralyzed Veterans of America, Parkinson's Action Network, Kenneth Roberts, United Cerebral Palsy. (Attachments: # 1 Memorandum in Support, # 2 Exhibit A, # 3 Text of Proposed Order)(Bers, Alice) Attachment name clarified on 11/14/2012 (jlh). (Entered: 11/13/2012)

1

View on RECAP

Nov. 13, 2012 RECAP
84

ENTRY ORDER: The Joint Motion for Preliminary Approval of Class Settlement and Notice Plan (Doc. 83) and the proposed Order do not address the requirements for class certification under Fed. R. Civ. P. 23. See Ortiz v. Fibreboard Corp., 527 U.S. 817, 858-59 (1999) ("A fairness hearing [cannot] swallow the... protective requirements of Rule 23"); In re General Motors Corp. Pick-up Truck Fuel Tank Products Liability Litig., 55 F.3d 768, 792-93, 797 (3d Cir. 1995) (court may certify a class for settlement purposes only if it makes appropriate Rule 23 findings); 2 J. McLaughlin on Class Actions (3d ed. 2006) at 6.6 at 6-35 (in seeking preliminary approval, the "settling parties must demonstrate to the Court that (i) the proposed class meets all the requirements of [the] Rule other than the 'manageability' factor of Rule 23(b)(3)(D), and (ii) the settlement is within the range of reasonableness, so that it is worthwhile to notify class members of the proposed terms and conditions of the settlement, and schedule a formal fairness hearing."). The proposed notice to the class must contain the information required by Fed. R. Civ. P. 23(c)(2) or the parties must explain to the court why certain information may be omitted. Signed by Chief Judge Christina Reiss on 11/14/2012. (This is a text only Order.)(cle) (Entered: 11/14/2012)

Nov. 14, 2012 PACER
85

SUPPLEMENTAL MEMORANDUM by Alzheimer's Disease and Related Disorders Association, Inc., American Academy of Physical Medicine and Rehabilitation, George Boitano, Mary Patricia Boitano, Glenda Jimmo, KR, Miriam Katz, Edith Masterman, Rosalie McGill, National Committee to Preserve Social Security and Medicare, National Multiple Sclerosis Society, Paralyzed Veterans of America, Parkinson's Action Network, Kenneth Roberts, United Cerebral Palsy in support of 83 JOINT MOTION Preliminary Approval of Class Settlement and Notice Plan re 82 Notice of Settlement. (Attachments: # 1 Text of Proposed Order)(Bers, Alice) Text clarified on 11/19/2012 (law). (Entered: 11/19/2012)

Nov. 19, 2012 PACER
86

ORDER re 83 Preliminarily Approving Settlement Agreement, Preliminarily Certifying the Class, Approving Class Notice, and Setting Fairness Hearing. Notice to be distributed within twenty (20) days of this order or by December 10, 2012. The Notice, however, must be amended to reflect the binding nature of any release and judgment. Fairness Hearing to be held on January 24, 2013 at 10:00 a.m., at the United States District Court for the District of Vermont, 151 West Street, Rutland, Vermont 05701. Signed by Chief Judge Christina Reiss on 11/20/2012. (pac) (Entered: 11/20/2012)

Nov. 20, 2012 RECAP
87

NOTICE of Hearing: Fairness Hearing set for 1/24/2013, 10:00 AM in Rutland Courtroom before Chief Judge Christina Reiss. (pjl) (Entered: 11/29/2012)

Nov. 29, 2012 PACER
88

RESPONSE to Order Approving Plan of Distribution by Alzheimer's Disease and Related Disorders Association, Inc., American Academy of Physical Medicine and Rehabilitation, George Boitano, Mary Patricia Boitano, Glenda Jimmo, KR, Miriam Katz, Edith Masterman, Rosalie McGill, National Committee to Preserve Social Security and Medicare, National Multiple Sclerosis Society, Paralyzed Veterans of America, Parkinson's Action Network, Kenneth Roberts, United Cerebral Palsy. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Bers, Alice) Attachment 1 description clarified 12/12/2012 (law). (Entered: 12/12/2012)

Dec. 12, 2012 PACER
89

STATEMENT Concerning Receipt of Objection to Settlement Agreement re: 83 Preliminary Approving Settlement Agreement by Alzheimer's Disease and Related Disorders Association, Inc., George Boitano, Mary Patricia Boitano, Glenda Jimmo, KR, Miriam Katz, Rosalie McGill, National Committee to Preserve Social Security and Medicare, National Multiple Sclerosis Society, Paralyzed Veterans of America, Parkinson's Action Network, Kenneth Roberts, United Cerebral Palsy. (Attachments: # 1 Exhibit 1)(Bers, Alice) Text clarified on 2/20/2013 (jlh). (Entered: 01/18/2013)

Jan. 18, 2013 PACER
90

PROPOSED Order by Alzheimer's Disease and Related Disorders Association, Inc., George Boitano, Glenda Jimmo, KR, Miriam Katz, Rosalie McGill, National Committee to Preserve Social Security and Medicare, National Multiple Sclerosis Society, Paralyzed Veterans of America, Parkinson's Action Network, Kenneth Roberts, United Cerebral Palsy. (Attachments: # 1 Text of Proposed Order)(Bers, Alice) (Entered: 01/22/2013)

Jan. 22, 2013 PACER
91

MINUTE ENTRY for proceedings held before Chief Judge Christina Reiss: Final Fairness Hearing held on 1/24/2013. G. Deford, Esq., M. Benvenuto, Esq., & A. Bers, Esq. present for pltfs; S. Bressler, Esq. present for dft. Counsel make statements and court makes inquiries re: fairness, class representation, notification of settlement to class members, reasonableness of attorney fees, retention of jurisdiction over settlement. ORDERED: 4, 14 MOTIONS to Certify Class and to Appoint Counsel superseded by request for 90 Final Approval of Settlement. Requirements as to Class satisfied; Settlement is fair, reasonable and adequate; Notice to Class is accepted. Final approval of Settlement is GRANTED, case to be dismissed with prejudice, court to retain jurisdiction to enforce settlement agreement and rule on attorney fees. Court to issue a written Order. (Court Reporter: A. Henry) (pac) (Entered: 01/24/2013)

Jan. 24, 2013 PACER
92

ORDER Granting Final Approval of Settlement Agreement and Directing Entry of Final Judgment. Signed by Chief Judge Christina Reiss on 1/24/2013. (pac) (Entered: 01/24/2013)

Jan. 24, 2013 RECAP
93

JUDGMENT Case dismissed with prejudice pursuant to terms of the Settlement Agreement and Federal Rules of Civil Procedure 41(a)(2). Signed by Deputy Clerk on 1/25/2013. (pac) (Entered: 01/25/2013)

Jan. 25, 2013 PACER
94

MOTION to Enforce Judgment for Resolution of Noncompliance with Settlement Agreement filed by Glenda Jimmo. (Attachments: # 1 Memorandum in Support, # 2 Declaration of Michael Benvenuto, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F, # 9 Declaration of Peter Chan, # 10 Exhibit A, # 11 Exhibit B, # 12 Exhibit C, # 13 Exhibit D, # 14 Declaration of Gill Deford, # 15 Exhibit A, # 16 Exhibit B, # 17 Exhibit C, # 18 Exhibit D, # 19 Exhibit E, # 20 Exhibit F, # 21 Exhibit G, # 22 Exhibit H, # 23 Exhibit I, # 24 Exhibit J, # 25 Exhibit K, # 26 Exhibit L, # 27 Exhibit M, # 28 Exhibit N, # 29 Exhibit O, # 30 Exhibit P, # 31 Exhibit Q, # 32 Exhibit R, # 33 Exhibit S, # 34 Declaration of George McGregor, # 35 Exhibit A, # 36 Declaration of Kimberly Calder, # 37 Exhibit A, # 38 Exhibit B, # 39 Exhibit C, # 40 Declaration of Margaret Murphy, # 41 Exhibit A, # 42 Exhibit B, # 43 Exhibit C, # 44 Exhibit D, # 45 Declaration of Gabe Quintanilla, # 46 Exhibit A, # 47 Declaration of Fred Rich, # 48 Exhibit A, # 49 Exhibit B, # 50 Declaration of Judith A. Stein, # 51 Exhibit A, # 52 Exhibit B, # 53 Declaration of Stella Tsiamanes, # 54 Exhibit A, # 55 Exhibit B, # 56 Exhibit C, # 57 Exhibit D, # 58 Declaration of Mike Cheek, # 59 Declaration of Robert Egge, # 60 Declaration of Sharon L. Dunn, # 61 Declaration of Deborah S. Larsen, # 62 Declaration of Constance S. Beskind, # 63 Declaration of Barbara A. Church, # 64 Declaration of William Gagliani, # 65 Declaration of John Kurtz, # 66 Declaration of Cheryl Phillips, # 67 Declaration of William A. Dombi, # 68 Declaration of Diane Lifsey, # 69 Declaration of Leonard J. Selfon, # 70 Declaration of Rachel Seelig, # 71 Declaration of Robert Soltis)(Deford, Gill) Attachment names clarified on 3/2/2016 (jlh). (Entered: 03/01/2016)

March 1, 2016 PACER
95

STIPULATED MOTION for Extension of Time to File Response/Reply as to 94 MOTION to Enforce Judgment for Resolution of Noncompliance with Settlement Agreement and MOTION to Exceed Page Limit for Response Memorandum filed by Health and Human Services Secretary. (Attachments: # 1 Certificate of Service)(Zee, M.). Added MOTION for Leave to Exceed Page Limit on 3/3/2016 (law). (Entered: 03/03/2016)

March 3, 2016 PACER
96

MOTION to Withdraw as Attorney filed by Alzheimer's Disease and Related Disorders Association, Inc., American Academy of Physical Medicine and Rehabilitation, George Boitano, Mary Patricia Boitano, Glenda Jimmo, KR, Miriam Katz, Edith Masterman, Rosalie McGill, National Committee to Preserve Social Security and Medicare, National Multiple Sclerosis Society, Paralyzed Veterans of America, Parkinson's Action Network, Kenneth Roberts, United Cerebral Palsy.(Benvenuto, Michael) (Entered: 03/04/2016)

March 4, 2016 PACER
97

ORDER Granting 95 Stipulated Motion for Extension of Time to File Response to 94 Motion to Enforce Judgment for Resolution of Noncompliance with Settlement Agreement; and Granting 95 Stipulated Motion to Exceed Page Limit. Signed by Chief Judge Christina Reiss on 3/4/2016. (This is a text-only Order.) (ejh) (Entered: 03/04/2016)

March 4, 2016 PACER
98

ORDER Granting 96 Motion to Withdraw as Attorney. Signed by Chief Judge Christina Reiss on 3/7/2016. (This is a text-only Order.) (ejh) (Entered: 03/07/2016)

March 7, 2016 PACER
99

STIPULATED MOTION for Extension of Time to File Response/Reply as to 94 MOTION to Enforce Judgment for Resolution of Noncompliance with Settlement Agreement filed by Health and Human Services Secretary. (Attachments: # 1 Certificate of Service)(Zee, M.) (Entered: 04/18/2016)

April 18, 2016 PACER
100

ORDER Granting 99 Stipulated Motion for Extension of Time to File Response to 94 Motion to Enforce Judgment for Resolution of Noncompliance with Settlement Agreement. Signed by Chief Judge Christina Reiss on 4/19/2016. (This is a text-only Order.) (ejh) (Entered: 04/19/2016)

April 19, 2016 PACER
101

NOTICE of Hearing re: 94 MOTION to Enforce Judgment for Resolution of Noncompliance with Settlement Agreement. Motion Hearing set for 5/26/2016 at 2:00 PM in Burlington Courtroom 542 before Chief Judge Christina Reiss.(jbr) (Entered: 04/27/2016)

April 27, 2016 PACER

State / Territory: Vermont

Case Type(s):

Public Benefits/Government Services

Key Dates

Filing Date: Jan. 18, 2011

Closing Date: 2013

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Five medicare beneficiaries and 6 advocacy organizations (National Committee to Preserve Social Security and Medicare, National Multiple Sclerosis Society, Parkinson's Action Network, Paralyzed Veterans of America, American Academy of Physical Medicine and Rehabilitation, United Cerebral Palsy)

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

NDRN/Protection & Advocacy Organizations

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Department of Health and Human Services, Federal

Defendant Type(s):

Hospital/Health Department

Case Details

Availably Documents:

Trial Court Docket

Complaint (any)

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

Content of Injunction:

Goals (e.g., for hiring, admissions)

Monitoring

Issues

General:

Deinstitutionalization/decarceration

Funding

Government Services

Payment for care

Benefit Source:

Medicare