Case: Rodde v. Bonta

2:03-cv-01580 | U.S. District Court for the Central District of California

Filed Date: March 6, 2003

Closed Date: 2009

Clearinghouse coding complete

Case Summary

The Rancho Los Amigos National Rehabilitation Center, a public hospital operated by the Los Angeles County government, was scheduled to close permanently on June 30, 2003. The hospital was a 207-bed facility specializing in the rehabilitation and acute care needs of patients with chronic diseases. Public services for the severely disabled had been consolidated at the site, and the facility provided a rare opportunity for people with multiple serious disabilities to receive full care in one loca…

The Rancho Los Amigos National Rehabilitation Center, a public hospital operated by the Los Angeles County government, was scheduled to close permanently on June 30, 2003. The hospital was a 207-bed facility specializing in the rehabilitation and acute care needs of patients with chronic diseases. Public services for the severely disabled had been consolidated at the site, and the facility provided a rare opportunity for people with multiple serious disabilities to receive full care in one location for their conditions. At the time, the hospital served more than 9500 patients per year in its inpatient and outpatient programs. Of these patients, about half were covered by Medi-Cal, California's Medicaid welfare program.

On March 6 of 2003, Plaintiffs filed a class action lawsuit in the United States District Court for the Central District of California, seeking to enjoin the County from closing the hospital. The case was brought under Title II of the Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12131-12165, and the Social Security Act, U.S.C. 12 §§ 13961, 1396d. Class certification was granted on April 29, 2003. Although their complaint has not been obtained by the Clearinghouse, the Plaintiffs' claims can be reconstructed from the court's Order Granting the Plantiffs' Motion for Preliminary Injunction, issued May 6, 2003. The Plaintiffs argued that the if the hospital were to close, they and other disabled individuals similarly situated would be unable to have their medical needs met in Los Angeles County, which would be impermissible, because the Social Security Act requires participating states to ensure that inpatient and outpatient hospital services be available to persons entitled to Medicaid services, and also requires that medically necessary and appropriate services be received on a timely basis, and that access to such services be comparable to that available to persons in the community who have private health coverage.

The court, in granting the order for a preliminary injunction, found that the Plaintiffs' case was likely to succeed on its merits. The County argued that closing the hospital would be fiscally responsible, saving the County $58.6 million a year. The court found the County's reasoning to be fallacious, because it did not account for the added cost of treating the hospital's patients at other facilities in the County. The court reasoned that the cost to the County would be greater if the hospital were to close than if it remained open. The court also determined that closing the hospital without first ensuring that comparable services would be available to its disabled Medi-Cal patients elsewhere in the County would be illegal under the ADA, because in doing so the County would be distributing public benefits and services in a manner that discriminated against the disabled.

The court's preliminary injunction was thus granted, to remain in force until the case reached a final judgment, or until the court issued revised order. The County filed an appeal on the May 8, 2003. On February 5, 2004, the Ninth Circuit Court of Appeals (Pregerson, J.) issued an opinion upholding the preliminary injunction, and holding that the plaintiffs "had demonstrated that if the County close[d] Rancho, it [would] reduce, and in some instances eliminate, necessary medical services for disabled Medi-Cal patients while continuing to provide the medical care required and sought by Medi-Cal recipients without disabilities" and that this disparity in providing services constituted discrimination under the ADA. Rodde v. Bonta, 357 F.3d 988 (M.D. Cal 2004).

The parties reached a settlement, which received preliminary approval on October 3, 2005 and final approval on January 30, 2006. In the settlement, the County agreed that Rancho Los Amigos National Rehabilitation Center would remain open for at least another three years, maintaining at least the same level of service as was available in March 2003. In the settlement, the County expressed its intent to find a purchaser or partner to take over the operation of the hospital. The plaintiffs retained their right to bring legal action against any future efforts to either close or reduce the level of services available to Medi-Cal patients at the facility. In accordance with this settlement, on January 30, 2006, the court ordered the County of Los Angeles to pay $1.75 million in legal fees to the Western Center for Disability Rights.

At the time of this writing, June 2013, Rancho Los Amigos National Rehabilitation Center is still in operation and appears to still be operated by the Los Angeles County Department of Health Services.

Although this case does not rely on or cite the Supreme Court's decision in Olmstead v. L.C., 527 U.S. 581 (1999), which held that the ADA forbids the unnecessary institutionalization of disabled individuals, the Clearinghouse includes it in our collection of Olmstead cases because it stands for a correlative principle, that disabled Medicaid recipients must be provided access to levels of care sufficient to allow them to live as independent and integrated members of the community.

Summary Authors

Alex Colbert-Taylor (6/3/2013)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/11852019/parties/susan-rodde-v-diana-bonta/


Judge(s)

Cooper, Florence-Marie (California)

Pregerson, Harry (California)

Walsh, Patrick J. (California)

Attorneys(s) for Plaintiff

Bird, Melinda R. (California)

Heck, Christopher J. (California)

Hill, Eve L. (California)

Holle, Marilyn (California)

Iriarte, Maria F. (California)

Lewis, Kimberly (California)

McIntyre, Gerald Andrew (California)

Judge(s)

Cooper, Florence-Marie (California)

Pregerson, Harry (California)

Walsh, Patrick J. (California)

Attorneys(s) for Plaintiff

Bird, Melinda R. (California)

Heck, Christopher J. (California)

Hill, Eve L. (California)

Holle, Marilyn (California)

Iriarte, Maria F. (California)

Lewis, Kimberly (California)

McIntyre, Gerald Andrew (California)

Newman, Robert D. Jr. (California)

Pearlman, Paula D. (California)

Rothschild, Richard (California)

Yearwood−Murrell, Felicia ElDorrado (California)

Attorneys(s) for Defendant

Chmura, Jennifer A. (California)

Cole, Donald P. (California)

Glaser, Patricia L. (California)

Kapur, Leela (California)

Koshofer, Warren A. (California)

Lever, Alisa Morgenthaler (California)

Sheldon, Barbara Louise (California)

Silva, Julie Ann (California)

Walker, Gordon T. (Massachusetts)

Documents in the Clearinghouse

Document

2:03-cv-01580

Docket

Dec. 14, 2007

Dec. 14, 2007

Docket
55

2:03-cv-01580

Order Granting Plaintiffs' Motion for Class Certification

April 29, 2003

April 29, 2003

Order/Opinion
70

2:03-cv-01580

Order Granting Plaintiffs' Motion for Preliminary Injunction

May 6, 2003

May 6, 2003

Order/Opinion
76

2:03-cv-01580

Preliminary Injunction

May 8, 2003

May 8, 2003

Order/Opinion

2:03-cv-01580

Ninth Circuit Opinion

U. S. Court of Appeals for the Ninth Circuit

357 F.3d 988

Feb. 5, 2004

Feb. 5, 2004

Order/Opinion

2:03-cv-01580

Settlement Agreement

Sept. 7, 2005

Sept. 7, 2005

Settlement Agreement
107

2:03-cv-01580

Order Granting Preliminary Approval of Class Settlement, Approval of Form and Manner of Notice to Class, and Scheduling Fairness Hearing

Oct. 3, 2005

Oct. 3, 2005

Order/Opinion
119

2:03-cv-01580

Stipulation Re: Dismissal of Plaintiffs' Claims Against State Defendants; Order

Jan. 24, 2006

Jan. 24, 2006

Order/Opinion
122

2:03-cv-01580

Stipulated Order Approving Settlement and Dismissing Plaintiffs' Claims Without Prejudice

Jan. 30, 2006

Jan. 30, 2006

Order/Opinion
121

2:03-cv-01580

Findings of Fact and Conclusions of Law on Attorneys' Fees Portion of Settlement Agreement

Jan. 30, 2006

Jan. 30, 2006

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/11852019/susan-rodde-v-diana-bonta/

Last updated June 1, 2022, 3:13 a.m.

ECF Number Description Date Link Date / Link

LODGED COMPLAINT submitted by plaintiff (FWD TO Duty Mag) (jag)

March 6, 2003

March 6, 2003

PACER
1

COMPLAINT filed Summons(es) 20 days issued referred to Discovery Patrick J. Walsh (rrey) (Entered: 03/12/2003)

March 6, 2003

March 6, 2003

PACER
2

NOTICE OF INTERESTED PARTIES filed by plaintiffs Susan Rodde, Kenneth Younger, Antonio Gaxiola (rrey) (Entered: 03/12/2003)

March 6, 2003

March 6, 2003

PACER
3

ORDER by Magistrate Judge Jeffrey W. Johnson granting petition [3-1]; IT IS THEREFORE ORDERED that Manuel Gaxiola be appointed as guardian ad litem for Antonio Gaxiola in this action (rrey) (Entered: 03/12/2003)

March 6, 2003

March 6, 2003

PACER
4

PROOF OF SERVICE executed upon defendant Los Angeles County; Service by Federal on 3/14/03 via substituted service by serving Summons and Complaint (mg) (Entered: 03/21/2003)

March 20, 2003

March 20, 2003

PACER
5

PROOF OF SERVICE executed upon defendant Los Angeles County; Service by Federal on 3/14/03 via substituted service by serving Summons and complaint to Thomas L Garthwaite, M.D. (mg) (Entered: 03/21/2003)

March 20, 2003

March 20, 2003

PACER
6

ORDER TO REASSIGN CASE DUE TO SELF-RECUSAL: by Judge Audrey B. Collins Case reassigned from Judge Audrey B. Collins to Judge Percy Anderson for all further proceedings (rn) (Entered: 03/24/2003)

March 24, 2003

March 24, 2003

PACER
7

NOTICE AND ACKNOWLEDGEMENT of Receipt Of Summons and Complaint by defendant Diana Bonta mailed on 3/12/03 received by Debra Rouger (title not specified) (mg) (Entered: 03/25/2003)

March 24, 2003

March 24, 2003

PACER
8

CERTIFICATION AND NOTICE OF INTERESTED PARTIES filed by defendant Diana Bonta, R.N., Dr. P.H. Director of the California Department of Health Services (ir) (Entered: 03/28/2003)

March 27, 2003

March 27, 2003

PACER
10

OPPOSITION by defendant Diana Bonta to to plaintiffs' ex parte request for leave to file over-length briefs. (bp) (Entered: 03/31/2003)

March 27, 2003

March 27, 2003

PACER
9

ORDER TO REASSIGN CASE DUE TO SELF-RECUSAL: by Judge Percy Anderson Case reassigned from Judge Percy Anderson to Judge Florence-Marie Cooper for all further proceedings (rn) (Entered: 03/28/2003)

March 28, 2003

March 28, 2003

PACER
11

NOTICE OF INTERESTED PARTIES filed by County of LA, Thomas L Garthwaite (nhac) (Entered: 03/31/2003)

March 28, 2003

March 28, 2003

PACER
15

OPPOSITION by defendant County of LA, defendant Thomas L Garthwaite to plaintiff's ex parte relief. (bp) (Entered: 04/04/2003)

March 28, 2003

March 28, 2003

PACER
12

MINUTES: This action has been reassigned to the Honorable Florence-Marie Cooper, United States District Judge by Judge Florence-Marie Cooper CR: N/A (bp) (Entered: 04/02/2003)

April 2, 2003

April 2, 2003

PACER
13

OPPOSITION by defendants' County of LA, and Thomas L Garthwaite to plaintiffs' request for ex parte application relief; declaration of Julie Ann Silva. (bp) (Entered: 04/03/2003)

April 2, 2003

April 2, 2003

PACER
14

OPPOSITION by defendant Diana Bonta to plaintiff's request for ex parte application. (bp) (Entered: 04/04/2003)

April 3, 2003

April 3, 2003

PACER
16

ANSWER filed by defendants County of Los Angeles, Thomas L Garthwaite to complaint [1-1]; jury demand (jp) (Entered: 04/07/2003)

April 4, 2003

April 4, 2003

PACER
17

NOTICE OF MOTION AND MOTION by plaintiffs for preliminary injunction ; motion hearing set for 10:00 4/28/03; Lodged Order (jp) (Entered: 04/07/2003)

April 7, 2003

April 7, 2003

PACER
18

MEMORANDUM OF POINTS AND AUTHORITIES by plaintiffs in support of motion for preliminary injunction [17-1] (jp) (Entered: 04/07/2003)

April 7, 2003

April 7, 2003

PACER
19

EXHIBITS by plaintiffs in support of motion for preliminary injunction [17-1] (VOLUME I) -- Exhibits 1-51 (jp) (Entered: 04/07/2003)

April 7, 2003

April 7, 2003

PACER
20

EXHIBITS by plaintiffs in support of motion for preliminary injunction [17-1] (VOLUME II) -- Exhibits 52-82 (jp) (Entered: 04/07/2003)

April 7, 2003

April 7, 2003

PACER
21

NOTICE OF MOTION AND MOTION by plaintiffs for class certification ; Declarations in support; motion hearing set for 10:00 4/28/03 (jp) (Entered: 04/08/2003)

April 7, 2003

April 7, 2003

PACER
39

MINUTES before Discovery Patrick J. Walsh: Plaintiffs Ex Parte Application re Deposition (telephonic); The Cort GRANTS plaintiffs ex parte application for expedited depositons. Ms. Julia Silva is directed to prepare the proposed order for the Court. Tape No.: 03-18 (0-end), 03-19 (0-2275) (jp) (Entered: 04/17/2003)

April 7, 2003

April 7, 2003

PACER
22

EX PARTE APPLICATION filed by defendants County of LA, Thomas L Garthwaite for an extension of time to respond to plaintiffs motions for preliminary injunction and class certification ; Declaration of Julie Ann Silva. (jp) (Entered: 04/09/2003)

April 8, 2003

April 8, 2003

PACER
25

NOTICE OF DISCREPANCY AND ORDER by Judge S. J. Otero ordering first amended complaint submitted by plaintiff Susan Rodde received on 4/8/03 is not to be fld but instead rejected (bp) (Entered: 04/10/2003)

April 8, 2003

April 8, 2003

PACER
23

NOTICE OF ERRATA by plaintiff correcting motion for preliminary injunction [17-1] (bp) (Entered: 04/10/2003)

April 9, 2003

April 9, 2003

PACER
24

NOTICE OF ERRATA by plaintiff correcting plaintiffs' memorandum of points and authorities in support of motion for preliminary injunctions [18-1] (bp) (Entered: 04/10/2003)

April 9, 2003

April 9, 2003

PACER
26

OPPOSITION by plaintiffs' to ex parte application for an extension of time to respond to plaintiffs motions for preliminary injunction [22-1] (bp) (Entered: 04/11/2003)

April 10, 2003

April 10, 2003

PACER
27

ORDER by Judge Florence-Marie Cooper Re: County Defendants' ex parte application for an extension of time to respond to plaintiffs motions for preliminary injunction [22-1], and class certification [22-2]; It is Ordered that the plaintiffs' motion for class certification [21-1], currently scheduled for 4/28/03, be continued for hearing to 5/27/03; Accordingly, pursuant to Local Rule 7-11, this order continuing the hearing of plaintiffs' motion class certification extends the time for filing and serving opposing papers and reply papers to 14 days and 7 days, respectively, preceding the new hearing date of 5/12/03; Defendnants' motion to continue the hearing on plaintiff's request for preliminary injunction is denied (nhac) (Entered: 04/11/2003)

April 10, 2003

April 10, 2003

PACER
40

MINUTES before Discovery Patrick J. Walsh: Plaintiffs Ex Parte Application Re Depositions (telephonic); The case is called, and appearances are made on the record. Defendants can attend the deposition of Dr. Segar in person on 04/11/03 from 11:45 a.m. to 2:30 p.m. Eastern time. Tape No.: 03-18 (0-end), 03-19 (0-2275) (jp) (Entered: 04/17/2003)

April 10, 2003

April 10, 2003

PACER
28

NOTICE OF ASSOCIATION of Counsel for defendants' County of LA, and Thomas L Garthwaite by attorney Gordon T Walker. Please take notice that defendants County of Los Angeles and Thomas L. Garthwaite will be associating with Gordon T. Walker of Sullivan, Weinstein & McQuay, P.C., to assist in representing defendants. (bp) (Entered: 04/14/2003)

April 11, 2003

April 11, 2003

PACER
29

OPPOSITION by defendant Diana Bonta to motion for preliminary injunction [17-1] (bp) (Entered: 04/15/2003)

April 14, 2003

April 14, 2003

PACER
30

Compendium of Declarations and exhibits by defendant Diana Bonta in support of opposition to motion for preliminary injunction [17-1] (bp) (Entered: 04/15/2003)

April 14, 2003

April 14, 2003

PACER
31

Exhibits by defendants' County of LA, and Thomas L Garthwaite in support of opposition to motion for preliminary injunction [17-1] (bp) (Entered: 04/15/2003)

April 14, 2003

April 14, 2003

PACER
32

REQUEST by defendants' County of LA, and Thomas L Garthwaite for Judicial Notice in support of opposition to motion for preliminary injunction [17-1] (bp) (Entered: 04/15/2003)

April 14, 2003

April 14, 2003

PACER
33

OPPOSITION by defendants' County of LA, and Thomas L Garthwaite to motion for preliminary injunction [17-1] (bp) (Entered: 04/15/2003)

April 14, 2003

April 14, 2003

PACER
34

Index of exhibits by defendants' County of LA, and Thomas L Garthwaite in support of opposition to motion for preliminary injunction [17-1] (bp) (Entered: 04/15/2003)

April 14, 2003

April 14, 2003

PACER
35

Objections by defendants' County of LA, and Thomas L Garthwaite to evidence offered in suport of motion for preliminary injunction [17-1] (bp) (Entered: 04/15/2003)

April 14, 2003

April 14, 2003

PACER
45

MINUTES: Plaintiffs' ex parte application re depositions (telephonic) The case is called, and appearances are made on the record. The court confers with counsel regarding the scheduling of depositions. Defendants are to provide plaintffs with the date and time of Mr. Leif's deposition by April 15, 2003, at noon by Discovery Patrick J. Walsh CR: 03-20 (391-1478) (bp) (Entered: 04/22/2003)

April 14, 2003

April 14, 2003

PACER
36

STIPULATION filed to extend time to answer complaint [1-1] to 4/28/03 as to defendant Diana Bonta (bp) (Entered: 04/17/2003)

April 15, 2003

April 15, 2003

PACER
37

EX PARTE APPLICATION filed by plaintiff for order reconsidering ruling of April 11, 2003 and advancing hearing on plaintiff's motion for class certification Lodged proposed order (bp) (Entered: 04/17/2003)

April 15, 2003

April 15, 2003

PACER

PLACED IN FILE - NOT USED: Plaintiffs ex parte application for expedited depositions pursuant to FRCP 30(a)(2)(c) and to take a telephonic deposition pursuant to FRCP 30(b)(7); Lodged 03/31/03 (jp)

April 15, 2003

April 15, 2003

PACER
38

OPPOSITION by defendants' County of LA, and Thomas L Garthwaite to ex parte application for order reconsidering ruling of April 11, 2003 and advancing hearing on plaintiff's motion for class certification [37-1] (bp) (Entered: 04/17/2003)

April 16, 2003

April 16, 2003

PACER
46

MINUTES: Conference call regarding depositions. The case is called, and appearances are made on the record. The court confers with counsel regarding depositions by Discovery Patrick J. Walsh CR: 03-21 (782-) (bp) (Entered: 04/23/2003)

April 16, 2003

April 16, 2003

PACER
41

ORDER by Judge Florence-Marie Cooper, granting the ex parte application for order reconsidering ruling of April 11, and advancing hearing on plaintiff's motion for class certification [37-1], hearing on motion for class certification [21-1] continued to 10:00 5/5/03 (bp) (Entered: 04/18/2003)

April 17, 2003

April 17, 2003

PACER
42

REPLY Memorandum of Points and Authorities by plaintiff in support of motion for preliminary injunction [17-1] (bp) (Entered: 04/22/2003)

April 21, 2003

April 21, 2003

PACER
43

RESPONSE to defendants County of Los Angeles and Thomas L. Garthwaite, M.D.'s evidentiary objections by plaintiffs' (bp) (Entered: 04/22/2003)

April 21, 2003

April 21, 2003

PACER
44

SUPPLEMENTAL EXHIBITS in support of plaintiff's motion for preliminary injunction [17-1] (bp) (Entered: 04/22/2003)

April 21, 2003

April 21, 2003

PACER
47

OPPOSITION by defendants County of LA, Thomas L Garthwaite to Plfs's motion for class certification [22-1], [22-2]; Objection to evidence (ir) (Entered: 04/25/2003)

April 24, 2003

April 24, 2003

PACER
48

OBJECTIONS filed by defendants County of LA, Thomas L Garthwaite to Plfs' evidence offered in support of motion for class certification [22-1], [22-2] (ir) (Entered: 04/25/2003)

April 24, 2003

April 24, 2003

PACER
49

NOTICE of non-opposition to plaintiffs' motion for class certification by defendant Diana Bonta (bp) (Entered: 04/28/2003)

April 24, 2003

April 24, 2003

PACER
50

ANSWER filed by defendant Diana Bonta to complaint [1-1] (bp) (Entered: 04/29/2003)

April 28, 2003

April 28, 2003

PACER
51

SUPPLEMENTAL Pleading to clarify issues of fact raised in court's tentative ruling by defendants' County of LA, and Thomas L Garthwaite (bp) (Entered: 04/29/2003)

April 28, 2003

April 28, 2003

PACER
52

MEMORANDUM filed by defendants' County of LA, and Thomas L Garthwaite regarding legal conclusions in tentative ruling on motion for preliminary injunctive relief. (bp) (Entered: 04/29/2003)

April 28, 2003

April 28, 2003

PACER
53

REPLY by plaintiffs' brief in support of motion for class certification [21-1] (bp) (Entered: 04/29/2003)

April 28, 2003

April 28, 2003

PACER
54

MINUTES: The court hears oral argument on the motion for preliminary injunction. The court allows the filing of defendant County's additional brief this day and sets May 2, 2003, noon, as the filing deadline for plaintiff and state of defendants to file a response. The court will take its ruling under submission thereupon and the parties shall be contacted by the court if a further hearing is to be set. The plaintiff's request for a temporary restraining order is also taken under submission injunction [17-1] by Judge Florence-Marie Cooper CR: N/A (bp) (Entered: 04/29/2003)

April 28, 2003

April 28, 2003

PACER
55

ORDER: The court hereby grants plaintiffs' motion for class certification. The court's concurrently filed temporary restraining order shall apply with equal force to the absent class members by Judge Florence-Marie Cooper (bp) (Entered: 04/30/2003)

April 29, 2003

April 29, 2003

PACER
56

ORDER Adjudged and Decreed that unitl May 13, 2003, at 5:00 p.m. defendant County of Los Angeles, defendant Thomas L. Garthwaite, M.D., the current Director of the Los Angeles County Department of Health, and their representative successors in office, agents, servants, employees, attorneys, and all person in active concert herewith shall be immediately restrained and enjoined from: terminating, reducing or making any further reductions in any impatient and outpatient medical service at Rancho which is covered by the Medi-Cal program; or giving notice to any person of any termination, reduction or further reduction in impatient and outpatient medical service at Rancho. It is further Ordered that plaintiffs need not post any bond in connection with this temporary restraining order by Judge Florence-Marie Cooper [17-1] (bp) (Entered: 04/30/2003)

April 29, 2003

April 29, 2003

PACER
57

NOTICE OF FILING DEPOSITION Transcripts with the Court by defendants County of LA, Thomas L Garthwaite (mch) (Entered: 04/30/2003)

April 29, 2003

April 29, 2003

PACER
58

OBJECTIONS filed by defendant County of LA to Plaintiff's proposed temporary restraining order (mch) (Entered: 04/30/2003)

April 29, 2003

April 29, 2003

PACER
59

NOTICE of lodgment of deposition transcripts by Rancho Los Amigos Rehabilitation Center (bp) (Entered: 05/01/2003)

April 30, 2003

April 30, 2003

PACER
60

AMENDMENT NOTICE OF LODGMENT TO DEPOSITION TRANSCRIPTS [59-1] by plaintiffs Susan Rodde, Kenneth Younger, Antonio Gaxiola (jp) (Entered: 05/02/2003)

May 1, 2003

May 1, 2003

PACER
61

MOTION by defendants County of LA, Thomas L Garthwaite to dissolve, or modify the TRO FRCP 65(b) (jp) (Entered: 05/02/2003)

May 1, 2003

May 1, 2003

PACER
62

MINUTES: Denying motion to dissolve [61-1], denying motion modify the TRO FRCP 65(b) [61-2] by Judge Florence-Marie Cooper. CR: n/a (ca) (Entered: 05/05/2003)

May 2, 2003

May 2, 2003

PACER
63

ADDITIONAL EXHIBITS in support of motion for preliminary injunction [17-1] (ca) (Entered: 05/05/2003)

May 2, 2003

May 2, 2003

PACER
64

FURTHER BRIEF FILED by plaintiff Susan Rodde, plaintiff Kenneth Younger, plaintiff Antonio Gaxiola in support of motion for preliminary injunction [17-1] (ca) (Entered: 05/05/2003)

May 2, 2003

May 2, 2003

PACER
65

RESPONSE by defendant Diana Bonta re memorandum re: legal conclusions in tentative ruling on motion fo rpreliminary injunctive relief [52-1] (ca) (Entered: 05/05/2003)

May 2, 2003

May 2, 2003

PACER
66

SUPPLEMENTAL EVIDENCE by defendant County of LA, defendant Thomas L. Garthwaite in support of opposition to plaintiff's motion for preliminary injunction [33-1]. (ca) (Entered: 05/05/2003)

May 2, 2003

May 2, 2003

PACER
67

OBJECTIONS filed by defendant County of LA, defendant Thomas L Garthwaite to plaintiffs proposed order for preliminary injunction [17-1] (ca) (Entered: 05/05/2003)

May 2, 2003

May 2, 2003

PACER
68

RESPONSE by defendant Diana Bonta to additional proposed orders filed by plaintiffs and County defendants (mg) (Entered: 05/06/2003)

May 5, 2003

May 5, 2003

PACER
69

PLAINTIFFS' OBJECTIONS to County defendants' objections to proposed order [67-1] (mg) (Entered: 05/06/2003)

May 5, 2003

May 5, 2003

PACER
70

ORDER by Judge Florence-Marie Cooper, the court grants the motion for preliminary injunction [17-1]: Defendants, County of Los Angeles and Thomas L. Garthwaite, M.D., the current Director of Los Angeles County Department of Health Services, and their successors in office, agents, servants, employees, attorneys, and all persons in active concert therewith are enjoined from closing Rancho Los Amigos National Rehabilitation Center, or terminating reducing or making any further reductions in any inpatient or outpatient meidcal servicies, including remedial services, at Rancho which are covered by Medi-Cal program. (bp) (Entered: 05/07/2003)

May 6, 2003

May 6, 2003

PACER
71

RECEIPT OF TRANSCRIPT of proceedings for the following date(s): 4/28/03 CR: Pat Cuneo (dlu) (Entered: 05/08/2003)

May 7, 2003

May 7, 2003

PACER

TRANSCRIPT filed for proceedings held on 4/28/03 (dlu)

May 7, 2003

May 7, 2003

PACER
72

NOTICE OF APPEAL by defendant County of LA, defendant Thomas L Garthwaite to 9th C/A from Dist. Court order filed 5/6/03 and entered 5/7/03 [70-1] (cc: Lloyd W. Pellman; Roberta M. Fesler, Leela A. Kapur; Sharon A. Reichman; Eve Hill; Paula D. Pearlman; Felicia Yearwood; Melinda Bird; Marilyn Holle; Maria F. Iriarte; Kimberly Lewis; Robert E. Newman; Gerald A. McIntyre; Kirkalnd & Ellis; State Attorney General) Fee: Billed (dlu) (Entered: 05/08/2003)

May 8, 2003

May 8, 2003

PACER
73

EX PARTE APPLICATION filed by defendant County of LA, defendant Thomas L Garthwaite for stay pending appeal Via FRAP 8(a)(1)(A)m /FRCP 62(a). (fvap) (Entered: 05/08/2003)

May 8, 2003

May 8, 2003

PACER
74

TRANSCRIPT DESIGNATION and ordering form for dates: None requested (dlu) (Entered: 05/08/2003)

May 8, 2003

May 8, 2003

PACER
75

MINUTES: This court hereby sets a scheduling conference set for 9:00 6/23/03 . Trial counsel are ordered to be present by Judge Florence-Marie Cooper CR: N/A (bp) (Entered: 05/09/2003)

May 8, 2003

May 8, 2003

PACER
76

PRELIMINARY INJUNCTION: Pursuant to the court's May 6, 2003, order granting plaintiffs' motion for preliminary injunction. Defendants, County of Los Angeles and Thomas L. Garthwaite, M.D., the current director of the Los Angeles County Department of Health Services, and their successors in office, agents, servants, employees, attorneys, and all persons in active concert herewith are enjoined from closing Rancho Los Amigos National Rehabilitation Center, or terminating reducing or making any further reductions in any inpatient or outpatien medical services, including remidial services, at Rancho which are covered by the Medi-Cal program until defendants County of Los Angeles and Dr. Garthwaite can assure the court that plaintiffs and members of the class will continue to receive comparable inpatient or outpatient services from other Medi-Cal providers in Los Angeles County. It is further Ordered that this preliminary injunction will remain in full force until the final judgment of this court, or until further order of this court, whichever occurs first. It is further ordered that plaintiffs need not post any bond in connection with this preliminary injunction by Judge Florence-Marie Cooper (bp) (Entered: 05/09/2003)

May 8, 2003

May 8, 2003

PACER
77

AMENDED TRANSCRIPT DESIGNATION and ordering form for dates: 4/28/03 CR: Pat Cuneo (dlu) (Entered: 05/09/2003)

May 9, 2003

May 9, 2003

PACER

Appeal Fee Paid re [72-1] fee in amount of $ 105.00 (Receipt # 38919) (dlu)

May 9, 2003

May 9, 2003

PACER
79

OPPOSITION by plaintiffs to County Defendants' ex parte application for stay pending appeal [73-1] (nhac) (Entered: 05/15/2003)

May 13, 2003

May 13, 2003

PACER
78

MINUTES: The court denies the ex parte application for stay pending appeal Via FRAP 8(a)(1)(A)m /FRCP 62(a). [73-1] by Judge Florence-Marie Cooper CR: N/A (bp) (Entered: 05/15/2003)

May 14, 2003

May 14, 2003

PACER
80

NOTIFICATION by Circuit Court of Appellate Docket Number appeal [72-1] 03-55765. (ghap) (Entered: 05/16/2003)

May 16, 2003

May 16, 2003

PACER
82

ORDER FROM USCA: Appeal filed 5/8/03 is a preliminary injunction appeal. Briefing schedule set. This appeal and any motions pending when briefing is completed shall be referred to next available motions panel for disposition. (03-55765) (pjap) (Entered: 05/23/2003)

May 19, 2003

May 19, 2003

PACER
81

CERTIFICATE of Record Transmitted to USCA 03-55765 (cc: all parties) (dlu) (Entered: 05/20/2003)

May 20, 2003

May 20, 2003

PACER
83

JOINT REPORT OF EARLY MEETING OF COUNSEL filed; est length of trial 3-6 weeks (mch) (Entered: 06/17/2003)

June 16, 2003

June 16, 2003

PACER
86

ORDER FROM USCA: appellees' oral, opposed motion for an extension of time to file the answering brief is granted. (03-55765) (weap) (Entered: 06/27/2003)

June 19, 2003

June 19, 2003

PACER
84

MINUTES: scheduling conference held . The court's trial order will issue by Judge Florence-Marie Cooper CR: Not Present (bp) (Entered: 06/24/2003)

June 23, 2003

June 23, 2003

PACER
85

ORDER For Court Trial by Judge Florence-Marie Cooper discovery ddl set on 7/30/04; cut-off date for joining parties or amending pleadings: September 7, 2004; cut-off date for hearing motions: September 7, 2004; Expert witness exchange deadlines: in accordance with the rules; Final Pretrial Conference set for 10/12/04; trial set on 8:00 11/23/04 (bp) (Entered: 06/24/2003)

June 23, 2003

June 23, 2003

PACER
87

ORDER FROM USCA: the motion of the California Healthcare Association & the Healthcare Association of Southern California for leave to file an amicus curiae brief & the amicus curiae brief received on 6/16/03 are referred to the merits panel for consideration. (03-55665) (weap) (Entered: 07/02/2003)

June 30, 2003

June 30, 2003

PACER
88

CLERK'S record on appeal transmitted to Circuit [72-1] vols: 6 transcripts: 1, 4 brown folders documents numbers B0019, B0020, B0044 and B0066. (weap) (Entered: 12/03/2003)

Dec. 3, 2003

Dec. 3, 2003

PACER
89

NOTICE of reassignment of counsel within office of the attorney general. This case has been reassigned within the office of the Attorney General, counsel of record for defendant Diana Bonta', R.N., an individual in her official capacity, to the following deputy attorneys general: Barbard Sheldon and Donald P. Cole filed by defendant Diana Bonta. (bp, ) (Entered: 03/02/2004)

Feb. 19, 2004

Feb. 19, 2004

PACER

FAX number for Attorney Donald P Cole is 619-645-2581. (bp, )

Feb. 19, 2004

Feb. 19, 2004

PACER
90

NOTICE of Association of Counsel associating attorney Warren Anthony Koshofer, Patricia L Glaser on behalf of Defendants County of Los Angeles, Thomas L Garthwaite. Filed by defendant County of Los Angeles and Thomas L. Garthwaite, M.D. (bp, ) (Entered: 03/03/2004)

March 1, 2004

March 1, 2004

PACER

FAX number for Attorney Patricia L Glaser, Warren Anthony Koshofer is 310-566-2920. (bp, )

March 1, 2004

March 1, 2004

PACER
91

JOINT STIPULATION For Stay and to Extend Trial and All Pretrial Dates and ORDER by Judge Florence-Marie Cooper as follows: The action is stayed in its entirety for 90 days upon the signing of this Order. Discovery cut-off 10/28/04; Cut-off date for Joining Parties or Amending Pleadings 12/6/2004; Cut-off date for hearing Motions 12/6/2004; Expert Witness Exchange Deadlines: in accordance with the rules; Pretrial Conference Date 1/10/05 ; Trial date 2/22/2005 08:00 AM before Honorable Florence-Marie Cooper. See documents for further details(nhac, ) (Entered: 03/29/2004)

March 25, 2004

March 25, 2004

PACER
94

Appeal Record Returned from 9th CCA RE: CLERK'S record on appeal transmitted to Circuit [72-1] vols: 6 transcripts: 1, 4 brown folders documents numbers B0019, B0020, B0044 and B0066. (weap) Received: Volume(s): 1 thru 6; Transcripts(s): 1; and 4 brown folders. (cbr, ) (Entered: 05/27/2004)

March 25, 2004

March 25, 2004

PACER
92

MANDATE of 9th CCA filed as to Appeal to Circuit Court 72, CCA # 03-55765. The appeal is affirmed. Costs taxed of $2,020.68.Mandate received in this district on 04/01/04. (cbr, ) Modified on 4/5/2004 (cbr, ). (Entered: 04/05/2004)

March 29, 2004

March 29, 2004

PACER
93

ORDER from 9th CCA filed as to Appeal to Circuit Court, 72 filed by County of Los Angeles, Thomas L Garthwaite, CCA # 03-55765. Order received in this district on 4/14/04. Plaintiffs-Appellees Motion to Transfer Consideration of Attorneys' Fees on Appeal to the District Court is granted. (weap, ) (Entered: 04/16/2004)

April 7, 2004

April 7, 2004

PACER

Case Details

State / Territory: California

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Olmstead Cases

Key Dates

Filing Date: March 6, 2003

Closing Date: 2009

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Class of disabled Medicaid recipients residing in Los Angeles County, suing Los Angeles County to prevent the closure of a public hospital that provided essential inpatient and outpatient rehabilitative care and other necessary medical services.

Attorney Organizations:

NDRN/Protection & Advocacy Organizations

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

California, State

Los Angeles County, County

Defendant Type(s):

Jurisdiction-wide

Hospital/Health Department

Case Details

Causes of Action:

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

Social Security (Title XX), 42 U.S.C. §§ 1397 et seq.

Availably Documents:

Trial Court Docket

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Preliminary injunction / Temp. restraining order

Source of Relief:

Settlement

Amount Defendant Pays: 1,750,000

Order Duration: 2006 - 2009

Content of Injunction:

Discrimination Prohibition

Preliminary relief denied

Preliminary relief granted

Reasonable Accommodation

Issues

General:

Disparate Impact

Disparate Treatment

Funding

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

Reasonable Accommodations

Rehabilitation

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

disability, unspecified

Mental Disability:

Mental Illness, Unspecified

Medical/Mental Health:

Medical care, general

Medical care, unspecified

Type of Facility:

Government-run

Benefit Source:

Medicaid