Case: Dykes v. Dudek

4:11-cv-00116 | U.S. District Court for the Northern District of Florida

Filed Date: March 23, 2011

Closed Date: July 9, 2012

Clearinghouse coding complete

Case Summary

Represented by Disability Rights Florida (the Protection & Advocacy Agency for Florida), individuals with developmental disabilities filed this lawsuit in the U.S. District Court for the Northern District of Florida on March 23, 2011, challenging their continued placement on the waitlist for Florida's developmental disability Medicaid waiver services. Some of the plaintiffs lived in the community but alleged that the state's inability to provide them with services via the waiver would put them…

Represented by Disability Rights Florida (the Protection & Advocacy Agency for Florida), individuals with developmental disabilities filed this lawsuit in the U.S. District Court for the Northern District of Florida on March 23, 2011, challenging their continued placement on the waitlist for Florida's developmental disability Medicaid waiver services. Some of the plaintiffs lived in the community but alleged that the state's inability to provide them with services via the waiver would put them at risk of unnecessary institutionalization. Other plaintiffs resided in ICF/DD institutions (intermediate care facilities for the developmentally disabled) but claimed that they could live in the community if the state provided them with waiver services. The plaintiffs allege that the state's current policy of only allowing limited waiver enrollment for individuals deemed "in crisis" violates the Americans with Disabilities Act, Section 504 of the Rehabilitation Act of 1973, and Medicaid.

The Defendants filed a motion to dismiss for failure to state a claim, but the court (Judge Richard Smoak) denied the motion on August 30, 2011. The plaintiffs then filed a motion for class certification. On October 14, 2011, Judge Smoak denied the motion for class certification, finding that the institutionalized plaintiffs and the non-institutionalized plaintiffs did not sufficiently share interests. In fact, they would probably compete with each other for enrollment slots if any opened up on the DD Waiver. Institutionalized plaintiffs will necessarily never reach the point of being in "crisis" (and are thus categorically prevented from enrollment under the current policies), but plaintiffs in the community could possibly get off the waitlist if their lack of sufficient services caused a crisis situation. Because Disability Rights Florida, as the state Protection and Advocacy Agency, has organizational standing to sue on behalf of individuals with disabilities, however, the case was able to proceed.

Discovery continued, and the parties litigated the issue of standing for some of the plaintiffs whose status had changed throughout the course of the lawsuit. In July 2012, the parties entered a private settlement agreement and agreed to dismiss the lawsuit.

The settlement agreement contained a few separate provisions. First, the Florida legislature had recently included a budget proviso requiring funds to be made available to transfer individuals from ICF/DD placement to the DD waiver. The Agency for Healthcare Administration will request this budget proviso in future years. The state also agreed to expedite the enrollment of individuals deemed in crisis, and to provide employment support services. Finally, the state will create a DD Waiver working group and will include stakeholders representing the disability community.

Summary Authors

Beth Kurtz (12/8/2012)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4501242/parties/dykes-v-dudek/


Judge(s)

Smoak, John Richard Jr. (Florida)

Attorneys(s) for Plaintiff

Heystek, Amanda E (Florida)

Liles, Paul E. (Florida)

McDonald, Maryellen (Florida)

Attorneys(s) for Defendant

Blocker, William Michael II (Florida)

Bondi, Pamela Jo (Florida)

Cremer, Terin Barbas (Florida)

Fridie, Debora E. (Florida)

Ito, Marc (Florida)

Makar, Scott D (Florida)

Judge(s)

Smoak, John Richard Jr. (Florida)

Attorneys(s) for Plaintiff

Heystek, Amanda E (Florida)

Liles, Paul E. (Florida)

McDonald, Maryellen (Florida)

Attorneys(s) for Defendant

Blocker, William Michael II (Florida)

Bondi, Pamela Jo (Florida)

Cremer, Terin Barbas (Florida)

Fridie, Debora E. (Florida)

Ito, Marc (Florida)

Makar, Scott D (Florida)

Osterhaus, Timothy D. (Florida)

Palecki, Michael (Florida)

Panuccio, Jesse (Florida)

Sheeran, Andrew T (Florida)

Singn-Silva, Elizabeth Natalie (Florida)

Smith, Beverly H (Florida)

Trippe, Charles M. Jr. (Florida)

White, Christopher (Florida)

Williams, Stuart Fraser (Florida)

Expert/Monitor/Master

Caparello, Dominic M. (Florida)

Documents in the Clearinghouse

Document

Docket

July 9, 2012 Docket
30

Amended Class Action Complaint for Declaratory and Injunctive Relief

July 8, 2011 Complaint
45

Defendants' Motion to Dismiss Amended Complaint

July 22, 2011 Pleading / Motion / Brief
61

Plaintiff's Motion for Class Certification and Memorandum of Law in Support

Aug. 31, 2011 Pleading / Motion / Brief
64

Motion to Dismiss for Lack of Standing

Sept. 13, 2011 Pleading / Motion / Brief
71

Order Denying Motion to Dismiss for Lack of Standing

2011 WL 4552395

Oct. 3, 2011 Order/Opinion
80

Order Denying Plaintiffs' Motion for Class Certification

2011 WL 4904407

Oct. 14, 2011 Order/Opinion
125

Plaintiffs' Statement of Undisputed Facts in Support of their Motion for Summary Judgment

May 2, 2012 Pleading / Motion / Brief
123

Defendant's Motion for Summary Judgment

May 2, 2012 Pleading / Motion / Brief
124

Defendant's Statement of Undisputed Material Facts in Support of Defendant's Motion for Summary Judgment

May 2, 2012 Discovery Material/FOIA Release

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4501242/dykes-v-dudek/

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

ECF Number Description Date Link
1

COMPLAINT DYKES against ELIZABETH DUDEK, RICK SCOTT, BRIAN VAUGHAN ( Filing fee $ 350 receipt number 1129-1843036.), filed by DISABILITY RIGHTS FLORIDA, HEATHER YOUNG, DAVID WALKER, MICHELLE CONGDEN, JOANNA DYKES, AMANDA PIVINSKI. (Attachments: # 1 DUDEK summons, # 2 VAUGHAN summons, # 3 SCOTT summons) (HEYSTEK, AMANDA) (Entered: 03/23/2011)

1 DUDEK summons

View on PACER

2 VAUGHAN summons

View on PACER

3 SCOTT summons

View on PACER

March 23, 2011 PACER
2

CIVIL COVER SHEET. (HEYSTEK, AMANDA) (Entered: 03/23/2011)

March 23, 2011 PACER
3

Summons Issued as to ELIZABETH DUDEK, RICK SCOTT, BRIAN VAUGHAN. (Attachments: # 1 Summons, # 2 Summons) (jws) (Entered: 03/24/2011)

1 Summons

View on PACER

2 Summons

View on PACER

March 24, 2011 PACER
4

NOTICE of Appearance by MARC ITO on behalf of BRIAN VAUGHAN (ITO, MARC) (Entered: 04/12/2011)

April 12, 2011 PACER
5

NOTICE of Appearance by MICHAEL ANTHONY PALECKI on behalf of BRIAN VAUGHAN (PALECKI, MICHAEL) (Entered: 04/12/2011)

April 12, 2011 PACER
6

NOTICE of Appearance by BEVERLY H SMITH on behalf of ELIZABETH DUDEK (SMITH, BEVERLY) (Entered: 04/12/2011)

April 12, 2011 PACER
7

NOTICE of Appearance by ANDREW TAYLOR SHEERAN on behalf of ELIZABETH DUDEK (SHEERAN, ANDREW) (Entered: 04/12/2011)

April 12, 2011 PACER
8

MOTION for Extension of Time to File Answer and/or Motion to Dismiss by ELIZABETH DUDEK. (SHEERAN, ANDREW) (Entered: 04/14/2011)

April 14, 2011 PACER
10

ORDER GRANTING 8 MOTION for Extension of Time to File Answer and/or Motion to Dismiss filed by ELIZABETH DUDEK. ELIZABETH DUDEK answer due 5/31/2011; RICK SCOTT answer due 5/31/2011; BRIAN VAUGHAN answer due 5/31/2011. Signed by CHIEF JUDGE STEPHAN P MICKLE on 4/20/2011. (jws) (Entered: 04/20/2011)

April 20, 2011 RECAP
11

Corporate Disclosure Statement/Certificate of Interested Persons by DISABILITY RIGHTS FLORIDA INC. (HEYSTEK, AMANDA) (Entered: 04/26/2011)

April 26, 2011 PACER
12

ATTORNEY TIME RECORDS by MICHELLE CONGDEN, DISABILITY RIGHTS FLORIDA INC, JOANNA DYKES, AMANDA PIVINSKI, DAVID WALKER, HEATHER YOUNG. (HEYSTEK, AMANDA) (Entered: 05/13/2011)

May 13, 2011 PACER
13

ATTORNEY TIME RECORDS - SEALED PORTION by MICHELLE CONGDEN, DISABILITY RIGHTS FLORIDA INC, JOANNA DYKES, AMANDA PIVINSKI, DAVID WALKER, HEATHER YOUNG. (Attachments: # 1 Time Record) (HEYSTEK, AMANDA) (Entered: 05/13/2011)

May 13, 2011 PACER
14

NOTICE OF UNAVAILABILITY by DISABILITY RIGHTS FLORIDA INC (LILES, PAUL) (Entered: 05/17/2011)

May 17, 2011 PACER
16

INITIAL SCHEDULING ORDER signed by CHIEF JUDGE STEPHAN P MICKLE on 5/17/11 - Fed.R.Civ.P. 7.1 Corporate Disclosure Statement Deadline set for 5/31/2011; Rule 26 Meeting Report due by 6/30/2011; Discovery due by 9/14/2011. (tss) (Entered: 05/20/2011)

May 17, 2011 PACER
17

Second MOTION to Extend Time to Answer Complaint (stipulated by the parties) by ELIZABETH DUDEK, RICK SCOTT, BRIAN VAUGHAN. (SHEERAN, ANDREW) (Entered: 05/26/2011)

May 26, 2011 PACER
18

AMENDED INITIAL SCHEDULING ORDER signed by CHIEF JUDGE STEPHAN P MICKLE on 5/31/11 - Fed.R.Civ.P. 7.1 Corporate Disclosure Statement Deadline set for 5/31/2011; Rule 26 Meeting Report due by 6/30/2011; Discovery due by 9/14/2011. (tss) (Entered: 05/31/2011)

May 31, 2011 PACER
19

ORDER re 17 Second MOTION to Extend Time to Answer Complaint (stipulated by the parties) filed by BRIAN VAUGHAN, ELIZABETH DUDEK, RICK SCOTT is GRANTED. (Answer due by 6/14/2011.). Signed by CHIEF JUDGE STEPHAN P MICKLE on 6/1/2011. (jws) (Entered: 06/01/2011)

June 1, 2011 RECAP
20

ADMINISTRATIVE ORDER/ ORDER REASSIGNING CASE. Case reassigned to JUDGE RICHARD SMOAK for all further proceedings.ORDER REASSIGNING CASE. Case reassigned to JUDGE RICHARD SMOAK for all further proceedings. CHIEF JUDGE STEPHAN P MICKLE no longer assigned to case - the Clerk is hereby ORDERED to reassign the following cases as indicated, and the reassignment will be effective as of the date of this order. The Clerk is directed to file a copy of this order in each case, and refer the case to the assigned Judge. This order is entered with the concurrence of all of the United States District Judges for the Northern District of Florida. Signed by CHIEF JUDGE STEPHAN P MICKLE on 6/3/2011. (kdm) (Entered: 06/03/2011)

June 3, 2011 PACER
21

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by ELIZABETH DUDEK, BRIAN VAUGHAN. (SHEERAN, ANDREW) (Entered: 06/14/2011)

June 14, 2011 PACER
22

NOTICE of Appearance by TIMOTHY DAVID OSTERHAUS on behalf of RICK SCOTT (OSTERHAUS, TIMOTHY) (Entered: 06/14/2011)

June 14, 2011 PACER
23

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by RICK SCOTT. (OSTERHAUS, TIMOTHY) (Entered: 06/14/2011)

June 14, 2011 PACER
24

ATTORNEY TIME RECORDS by MICHELLE CONGDEN, DISABILITY RIGHTS FLORIDA INC, JOANNA DYKES, AMANDA PIVINSKI, DAVID WALKER, HEATHER YOUNG. (HEYSTEK, AMANDA) (Entered: 06/15/2011)

June 15, 2011 PACER
25

ATTORNEY TIME RECORDS - SEALED PORTION by MICHELLE CONGDEN, DISABILITY RIGHTS FLORIDA INC, JOANNA DYKES, AMANDA PIVINSKI, DAVID WALKER, HEATHER YOUNG. (Attachments: # 1 Non Atty Time report) (HEYSTEK, AMANDA) (Entered: 06/15/2011)

June 15, 2011 PACER
26

NOTICE of Appearance by CHRISTOPHER THOMAS WHITE on behalf of All Plaintiffs (WHITE, CHRISTOPHER) (Entered: 06/15/2011)

June 15, 2011 PACER
27

MOTION to Extend Time by MICHELLE CONGDEN, DISABILITY RIGHTS FLORIDA INC, JOANNA DYKES, AMANDA PIVINSKI, DAVID WALKER, HEATHER YOUNG. (HEYSTEK, AMANDA) (Entered: 06/21/2011)

June 21, 2011 PACER
28

ORDER The relief requested by 27 Plas' Stipulated Motion For Local Rule 6.1 Extension For Filing Plas' Response To 21 23 Motions To Dismiss & Motion To Certify Class is granted. (Response to motions due by 7/15/2011.) Signed by JUDGE RICHARD SMOAK on 6/22/2011. (sea) (Entered: 06/22/2011)

June 22, 2011 RECAP
29

DOCKET ANNOTATION BY COURT TO COUNSEL: Re 18 Amended Scheduling Order - Rule 26 Meeting Repot was due 6/30/2011. Rule 26 Meeting Report now due by 7/12/2011. Clerk to notify Chambers on 7/13/2011. (sea) (Entered: 07/07/2011)

July 7, 2011 PACER
30

First AMENDED COMPLAINT against All Defendants All Defendants., filed by DISABILITY RIGHTS FLORIDA INC, HEATHER YOUNG, DAVID WALKER, MICHELLE CONGDEN, JOANNA DYKES, AMANDA PIVINSKI, LORETTA DAVIS, JOSHUA WOODWARD, ALYSSA FERRARO. (HEYSTEK, AMANDA) (Entered: 07/08/2011)

July 8, 2011 RECAP
31

STIPULATION Regarding Deadline for Filing Joint Scheduling Conference Report by ELIZABETH DUDEK. (SHEERAN, ANDREW) (Entered: 07/12/2011)

July 12, 2011 PACER
32

ORDER granted 31 Agreed Stipulation Regarding Deadline for Joint Scheduling Report. ( Joint Report due by 7/14/2011.) Signed by JUDGE RICHARD SMOAK on 7/13/2011. (sea) (Entered: 07/13/2011)

July 13, 2011 RECAP
33

Joint MOTION for Extension of Time to File Joint Rule 26 Report by BRIAN VAUGHAN. (PALECKI, MICHAEL) (Entered: 07/13/2011)

July 13, 2011 PACER
34

ORDER granted 33 Stipulated Motion for Extension. The Joint Report shall be filed not later than 7/15/2011. Signed by JUDGE RICHARD SMOAK on 7/14/2011. (sea) (Entered: 07/14/2011)

July 14, 2011 RECAP
35

Joint MOTION Regarding Deadline For Filing Motion to Certify Class by MICHELLE CONGDEN, LORETTA DAVIS, DISABILITY RIGHTS FLORIDA INC, JOANNA DYKES, ALYSSA FERRARO, AMANDA PIVINSKI, DAVID WALKER, JOSHUA WOODWARD, HEATHER YOUNG. (HEYSTEK, AMANDA) Modified text on 7/15/2011 (sea). (Entered: 07/15/2011)

July 15, 2011 PACER
36

ATTORNEY TIME RECORDS by MICHELLE CONGDEN, LORETTA DAVIS, DISABILITY RIGHTS FLORIDA INC, JOANNA DYKES, ALYSSA FERRARO, AMANDA PIVINSKI, DAVID WALKER, JOSHUA WOODWARD, HEATHER YOUNG. (HEYSTEK, AMANDA) (Entered: 07/15/2011)

July 15, 2011 PACER
37

ATTORNEY TIME RECORDS - SEALED PORTION by MICHELLE CONGDEN, LORETTA DAVIS, DISABILITY RIGHTS FLORIDA INC, JOANNA DYKES, ALYSSA FERRARO, AMANDA PIVINSKI, DAVID WALKER, JOSHUA WOODWARD, HEATHER YOUNG. (Attachments: # 1 Supplement Non-Atty) (HEYSTEK, AMANDA) (Entered: 07/15/2011)

July 15, 2011 PACER
38

REPORT of Rule 26(f) Planning Meeting. (HEYSTEK, AMANDA) (Entered: 07/15/2011)

July 15, 2011 PACER
39

ORDER denied 35 Joint Motion Regarding Deadline For Filing Motion To Certify Class. Any motion for class certification shall be filed not later than 8/31/2011. The parties may file an amended Rule 26 Joint Report not later than ten days from the date of this Order. (Amended Rule 26 Joint Report due by 7/28/2011). Signed by JUDGE RICHARD SMOAK on 7/18/2011. (sea) (Entered: 07/18/2011)

July 18, 2011 RECAP
40

NOTICE Of Withdrawal by RICK SCOTT re 23 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (OSTERHAUS, TIMOTHY) (Entered: 07/20/2011)

July 20, 2011 PACER
41

NOTICE of Withdrawal of previously filed motion by ELIZABETH DUDEK, BRIAN VAUGHAN re 21 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (SHEERAN, ANDREW) (Entered: 07/21/2011)

July 21, 2011 PACER
42

Emergency MOTION for Leave to File Excess Pages in Defendants' Motion to Dismiss Amended Complaint by ELIZABETH DUDEK, BRIAN VAUGHAN. (SHEERAN, ANDREW) (Entered: 07/21/2011)

July 21, 2011 PACER
43

DOCKET ANNOTATION BY COURT TO COUNSEL: Re 42 Emergency MOTION - Counsel is reminded that the correct case number is: 4:11cv116 RS/WCS. The case was reassigned to Judge Richard Smoak on 6/3/2011, 20 Order. Please use the correct case number on future pleadings. (sea) (Entered: 07/21/2011)

July 21, 2011 PACER
44

ORDER granting 42 Motion for Leave to File Excess Pages. Signed by JUDGE RICHARD SMOAK on 7/21/2011. (jem) (Entered: 07/21/2011)

July 21, 2011 PACER
45

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Plaintiffs' Amended Complaint by ELIZABETH DUDEK, BRIAN VAUGHAN. (SHEERAN, ANDREW) (Entered: 07/22/2011)

July 22, 2011 PACER
46

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Amended Complaint) by RICK SCOTT. (OSTERHAUS, TIMOTHY) (Entered: 07/22/2011)

July 22, 2011 PACER
47

NOTICE of Appearance by DEBORA ELIZABETH FRIDIE on behalf of ELIZABETH DUDEK (FRIDIE, DEBORA) (Entered: 07/26/2011)

July 26, 2011 PACER
48

AMENDED CASE MANAGMENT REPORT. (HEYSTEK, AMANDA) Modified text on 7/28/2011 (sea). (Entered: 07/27/2011)

July 27, 2011 PACER
49

ORDER re 48 Amended Case Management Report. Counsel for all parties are directed to file a second amended joint report not later than August 8, 2011, with scheduling deadlines consistent with a discovery deadline of February 29, 2012, and trial on May 7, 2012. Signed by JUDGE RICHARD SMOAK on 7/28/2011.( Amended Rule 26 Meeting Report due by 8/8/2011.) (jcw) (Entered: 07/28/2011)

July 28, 2011 PACER
50

RESPONSE in Opposition re 45 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Plaintiffs' Amended Complaint filed by MICHELLE CONGDEN, LORETTA DAVIS, DISABILITY RIGHTS FLORIDA INC, JOANNA DYKES, ALYSSA FERRARO, AMANDA PIVINSKI, DAVID WALKER, JOSHUA WOODWARD, HEATHER YOUNG. (HEYSTEK, AMANDA) (Entered: 08/05/2011)

Aug. 5, 2011 PACER
51

RESPONSE in Opposition re 46 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Amended Complaint) filed by MICHELLE CONGDEN, LORETTA DAVIS, DISABILITY RIGHTS FLORIDA INC, JOANNA DYKES, ALYSSA FERRARO, AMANDA PIVINSKI, DAVID WALKER, JOSHUA WOODWARD, HEATHER YOUNG. (HEYSTEK, AMANDA) (Entered: 08/05/2011)

Aug. 5, 2011 PACER
52

REPORT of Rule 26(f) Planning Meeting. (HEYSTEK, AMANDA) (Entered: 08/08/2011)

Aug. 8, 2011 PACER
53

MOTION to Amend/Correct 51 Response in Opposition to Motion, by MICHELLE CONGDEN, LORETTA DAVIS, DISABILITY RIGHTS FLORIDA INC, JOANNA DYKES, ALYSSA FERRARO, AMANDA PIVINSKI, DAVID WALKER, JOSHUA WOODWARD, HEATHER YOUNG. (HEYSTEK, AMANDA) (Entered: 08/08/2011)

Aug. 8, 2011 PACER
54

RESPONSE in Opposition re 46 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Amended Complaint) filed by MICHELLE CONGDEN, LORETTA DAVIS, DISABILITY RIGHTS FLORIDA INC, JOANNA DYKES, ALYSSA FERRARO, AMANDA PIVINSKI, DAVID WALKER, JOSHUA WOODWARD, HEATHER YOUNG. (HEYSTEK, AMANDA) (Entered: 08/08/2011)

Aug. 8, 2011 PACER
55

ORDER granted 53 Unopposed Motion for Leave to Amend Pla's Response to the Governor's Motion to Dismiss Amended Complaint. The amended response shall be filed not later than August 15, 2011. (Internal deadline for referral to judge if response not filed earlier: 8/15/2011).Signed by JUDGE RICHARD SMOAK on 8/10/2011. (sea) (Entered: 08/10/2011)

Aug. 10, 2011 RECAP
56

SCHEDULING AND MEDIATION ORDER entered re 52 Report of Rule 26(f) Planning Meeting: Discovery deadline 2/29/2012. Mediation Report due by 4/2/2012. Jury Trial set for 5/7/2012 08:30 AM in U.S. Courthouse Tallahassee before JUDGE RICHARD SMOAK. Case referred to mediation. Signed by JUDGE RICHARD SMOAK on 8/12/2011. (jem) (Entered: 08/12/2011)

Aug. 12, 2011 PACER
57

ATTORNEY TIME RECORDS by MICHELLE CONGDEN, LORETTA DAVIS, DISABILITY RIGHTS FLORIDA INC, JOANNA DYKES, ALYSSA FERRARO, AMANDA PIVINSKI, DAVID WALKER, JOSHUA WOODWARD, HEATHER YOUNG. (HEYSTEK, AMANDA) (Entered: 08/15/2011)

Aug. 15, 2011 PACER
58

ATTORNEY TIME RECORDS - SEALED PORTION by MICHELLE CONGDEN, LORETTA DAVIS, DISABILITY RIGHTS FLORIDA INC, JOANNA DYKES, ALYSSA FERRARO, AMANDA PIVINSKI, DAVID WALKER, JOSHUA WOODWARD, HEATHER YOUNG. (Attachments: # 1 Non Atty Time Record) (HEYSTEK, AMANDA) (Entered: 08/15/2011)

Aug. 15, 2011 PACER
59

PRETRIAL ORDER Pretrial Stipulation due by 4/20/2012. Jury Trial set for 5/7/2012 08:30 AM (EDT) in U.S. Courthouse Tallahassee before JUDGE RICHARD SMOAK. Pretrial Conference set for 4/30/2012 01:30 PM (CDT) in U.S. Courthouse Panama City before JUDGE RICHARD SMOAK. Signed by JUDGE RICHARD SMOAK on 8/25/2011. (sea) (Entered: 08/25/2011)

Aug. 25, 2011 PACER
60

ORDER denied 45 Motion to Dismiss. Signed by JUDGE RICHARD SMOAK on 8/30/2011. (sea) (Entered: 08/30/2011)

Aug. 30, 2011 RECAP
61

MOTION to Certify Class by MICHELLE CONGDEN, LORETTA DAVIS, DISABILITY RIGHTS FLORIDA INC, JOANNA DYKES, ALYSSA FERRARO, AMANDA PIVINSKI, DAVID WALKER, JOSHUA WOODWARD, HEATHER YOUNG. (Internal deadline for referral to judge if response not filed earlier: 9/19/2011). (HEYSTEK, AMANDA) (Entered: 08/31/2011)

Aug. 31, 2011 RECAP
62

Defendant Hansen's ANSWER to 30 Amended Complaint, by BRIAN VAUGHAN. (ITO, MARC) (Entered: 09/13/2011)

Sept. 13, 2011 PACER
63

ANSWER to 30 Amended Complaint, by ELIZABETH DUDEK. (FRIDIE, DEBORA) (Entered: 09/13/2011)

Sept. 13, 2011 PACER
64

MOTION to Dismiss for Lack of Standing by ELIZABETH DUDEK, RICK SCOTT, BRIAN VAUGHAN. (Internal deadline for referral to judge if response not filed earlier: 10/3/2011). (SHEERAN, ANDREW) (Entered: 09/13/2011)

Sept. 13, 2011 PACER
65

ATTORNEY TIME RECORDS by MICHELLE CONGDEN, LORETTA DAVIS, DISABILITY RIGHTS FLORIDA INC, JOANNA DYKES, ALYSSA FERRARO, AMANDA PIVINSKI, DAVID WALKER, JOSHUA WOODWARD, HEATHER YOUNG. (HEYSTEK, AMANDA) (Entered: 09/15/2011)

Sept. 15, 2011 PACER
66

ATTORNEY TIME RECORDS - SEALED PORTION by MICHELLE CONGDEN, LORETTA DAVIS, DISABILITY RIGHTS FLORIDA INC, JOANNA DYKES, ALYSSA FERRARO, AMANDA PIVINSKI, DAVID WALKER, JOSHUA WOODWARD, HEATHER YOUNG. (HEYSTEK, AMANDA) (Entered: 09/15/2011)

Sept. 15, 2011 PACER
67

ATTORNEY TIME RECORDS by MICHELLE CONGDEN, LORETTA DAVIS, DISABILITY RIGHTS FLORIDA INC, JOANNA DYKES, ALYSSA FERRARO, AMANDA PIVINSKI, DAVID WALKER, JOSHUA WOODWARD, HEATHER YOUNG. (HEYSTEK, AMANDA) (Entered: 09/15/2011)

Sept. 15, 2011 PACER
68

ORDER granted 46 MOTION TO DISMISS. The Governor is entitled to Eleventh Amendment immunity. He is therefore dismissed with prejudice. RICK SCOTT (IN HIS OFFICIAL CAPACITY AS GOVERNOR OF THE STATE OF FLORIDA) terminated. Signed by JUDGE RICHARD SMOAK on 9/19/2011. (sea) (Entered: 09/19/2011)

Sept. 19, 2011 RECAP
69

RESPONSE in Opposition re 61 MOTION to Certify Class filed by ELIZABETH DUDEK, BRIAN VAUGHAN. (SHEERAN, ANDREW) (Entered: 09/19/2011)

Sept. 19, 2011 PACER
70

RESPONSE in Opposition re 64 MOTION to Dismiss for Lack of Standing filed by MICHELLE CONGDEN, LORETTA DAVIS, DISABILITY RIGHTS FLORIDA INC, JOANNA DYKES, ALYSSA FERRARO, AMANDA PIVINSKI, DAVID WALKER, JOSHUA WOODWARD, HEATHER YOUNG. (HEYSTEK, AMANDA) (Entered: 09/27/2011)

Sept. 27, 2011 PACER
71

ORDER denying 64 Motion to Dismiss. Signed by JUDGE RICHARD SMOAK on 10/3/2011. (jcw) (Entered: 10/03/2011)

Oct. 3, 2011 RECAP
72

Unopposed MOTION to Substitute Party and Change Style of Case by MICHELLE CONGDEN, LORETTA DAVIS, DISABILITY RIGHTS FLORIDA INC, JOANNA DYKES, ALYSSA FERRARO, AMANDA PIVINSKI, DAVID WALKER, JOSHUA WOODWARD, HEATHER YOUNG. (LILES, PAUL) Modified text on 10/11/2011 (sea). (Entered: 10/10/2011)

Oct. 10, 2011 PACER
73

ORDER granting 72 Motion to Substitute Party. Signed by JUDGE RICHARD SMOAK on 10/12/2011. MIKE HANSEN added. BRIAN VAUGHAN (IN HIS OFFICIAL CAPACITY AS INTERIM DIRECTOR OF FLORIDA AGENCY FOR PERSONS WITH DISABILITIES) terminated. (jcw) (Entered: 10/12/2011)

Oct. 12, 2011 PACER
74

MOTION to Extend Timeto Answer Plaintiffs' Discovery Requests by ELIZABETH DUDEK. (FRIDIE, DEBORA) (Entered: 10/12/2011)

Oct. 12, 2011 PACER
75

Consent MOTION to Dismiss Plaintiff Ferraro by ALYSSA FERRARO. (Internal deadline for referral to judge if response not filed earlier: 10/31/2011). (HEYSTEK, AMANDA) (Entered: 10/13/2011)

Oct. 13, 2011 PACER
76

ORDER entered on 75 Consent MOTION to Dismiss Plaintiff Ferraro. Pursuant to Fed. R. Civ. P. 41(a)(2), Plaintiff Alyssa Ferraro, through her next friend Sharon Ferraro, is dismissed as a party to this case without prejudice. Signed by JUDGE RICHARD SMOAK on 10/14/2011. (jcw) (Entered: 10/14/2011)

Oct. 14, 2011 PACER
77

ORDER granting 74 Motion to Extend Time. Defendant Dudek shall respond to Plaintiffs discovery requests not later than October 26, 2011. Signed by JUDGE RICHARD SMOAK on 10/14/2011. (jcw) (Entered: 10/14/2011)

Oct. 14, 2011 PACER
78

ATTORNEY TIME RECORDS by MICHELLE CONGDEN, LORETTA DAVIS, DISABILITY RIGHTS FLORIDA INC, JOANNA DYKES, ALYSSA FERRARO, AMANDA PIVINSKI, DAVID WALKER, JOSHUA WOODWARD, HEATHER YOUNG. (HEYSTEK, AMANDA) (Entered: 10/14/2011)

Oct. 14, 2011 PACER
79

ATTORNEY TIME RECORDS - SEALED PORTION by MICHELLE CONGDEN, LORETTA DAVIS, DISABILITY RIGHTS FLORIDA INC, JOANNA DYKES, ALYSSA FERRARO, AMANDA PIVINSKI, DAVID WALKER, JOSHUA WOODWARD, HEATHER YOUNG. (Attachments: # 1 Non-Atty time report) (HEYSTEK, AMANDA) (Entered: 10/14/2011)

Oct. 14, 2011 PACER
80

ORDER denying 61 Motion to Certify Class. Signed by JUDGE RICHARD SMOAK on 10/14/2011. (jcw) (Entered: 10/14/2011)

Oct. 14, 2011 RECAP
81

MOTION for Reconsideration re 80 Order on Motion to Certify Class by MICHELLE CONGDEN, LORETTA DAVIS, DISABILITY RIGHTS FLORIDA INC, JOANNA DYKES, ALYSSA FERRARO, AMANDA PIVINSKI, DAVID WALKER, JOSHUA WOODWARD, HEATHER YOUNG. (Attachments: # 1 Exhibit Exhibit A) (HEYSTEK, AMANDA) (Entered: 10/28/2011)

1 Exhibit Exhibit A

View on PACER

Oct. 28, 2011 PACER
82

SUGGESTION OF DEATH Upon the Record as to David Walker by MICHELLE CONGDEN, LORETTA DAVIS, DISABILITY RIGHTS FLORIDA INC, JOANNA DYKES, AMANDA PIVINSKI, DAVID WALKER, JOSHUA WOODWARD, HEATHER YOUNG. (LILES, PAUL) (Entered: 11/09/2011)

Nov. 9, 2011 PACER
83

ORDER re 82 Suggestion of Death. Signed by JUDGE RICHARD SMOAK on 11/10/2011. DAVID WALKER (BY AND THROUGH HIS NEXT FRIEND MICHELE BEAUREGARD) terminated. (jcw) (Entered: 11/10/2011)

Nov. 10, 2011 PACER
84

ATTORNEY TIME RECORDS by MICHELLE CONGDEN, LORETTA DAVIS, DISABILITY RIGHTS FLORIDA INC, JOANNA DYKES, ALYSSA FERRARO, AMANDA PIVINSKI, DAVID WALKER, JOSHUA WOODWARD, HEATHER YOUNG. (HEYSTEK, AMANDA) (Entered: 11/15/2011)

Nov. 15, 2011 PACER
85

ATTORNEY TIME RECORDS - SEALED PORTION by MICHELLE CONGDEN, LORETTA DAVIS, DISABILITY RIGHTS FLORIDA INC, JOANNA DYKES, ALYSSA FERRARO, AMANDA PIVINSKI, DAVID WALKER, JOSHUA WOODWARD, HEATHER YOUNG. (HEYSTEK, AMANDA) (Entered: 11/15/2011)

Nov. 15, 2011 PACER
86

RESPONSE in Opposition re 81 MOTION for Reconsideration re 80 Order on Motion to Certify Class filed by ELIZABETH DUDEK. (SHEERAN, ANDREW) (Entered: 11/17/2011)

Nov. 17, 2011 PACER
87

MOTION to Extend Timeto Answer Plaintiffs' Second Request for Production of Documents by ELIZABETH DUDEK. (FRIDIE, DEBORA) (Entered: 11/23/2011)

Nov. 23, 2011 PACER
88

Amended MOTION to Extend Timeto Answer Plaintiffs' Second Request for Production of Documents by ELIZABETH DUDEK. (FRIDIE, DEBORA) (Entered: 11/23/2011)

Nov. 23, 2011 PACER
89

NOTICE of Appearance by ELIZABETH NATALIE SINGH-SILVA on behalf of MIKE HANSEN (SINGH-SILVA, ELIZABETH) (Entered: 11/28/2011)

Nov. 28, 2011 PACER
90

MOTION to Compel Better Responses to Plaintiffs' First Request for Production to Defendant, Agency for Health Care Administration, and Motion for Attorney's Fees by MICHELLE CONGDEN, LORETTA DAVIS, DISABILITY RIGHTS FLORIDA INC, JOANNA DYKES, AMANDA PIVINSKI, JOSHUA WOODWARD, HEATHER YOUNG. (Attachments: # 1 Exhibit Composite Exhibit "A") (LILES, PAUL) (Entered: 11/30/2011)

1 Exhibit Composite Exhibit "A"

View on PACER

Nov. 30, 2011 PACER
91

ORDER denying 81 Motion for Reconsideration. Signed by JUDGE RICHARD SMOAK on 11/30/2011. (jcw) (Entered: 11/30/2011)

Nov. 30, 2011 PACER
92

RESPONSE in Opposition re 88 Amended MOTION to Extend Timeto Answer Plaintiffs' Second Request for Production of Documents filed by MICHELLE CONGDEN, LORETTA DAVIS, DISABILITY RIGHTS FLORIDA INC, JOANNA DYKES, AMANDA PIVINSKI, JOSHUA WOODWARD, HEATHER YOUNG. (LILES, PAUL) (Entered: 12/09/2011)

Dec. 9, 2011 PACER
93

ORDER granting 88 Motion to Extend Time. Signed by JUDGE RICHARD SMOAK on 12/12/2011. (jcw) (Entered: 12/12/2011)

Dec. 12, 2011 PACER
94

RESPONSE in Opposition re 90 MOTION to Compel Better Responses to Plaintiffs' First Request for Production to Defendant, Agency for Health Care Administration, and Motion for Attorney's Fees and Defendant Dudek's Motion for a Protective Order Including a Motion for Costs for Producing Discovery filed by ELIZABETH DUDEK. (Attachments: # 1 Exhibit A - keywords for email search, # 2 Exhibit B - report of emails retrieved, # 3 Exhibit C - modified keywords for email search, # 4 Exhibit D - report of emails retrieved, # 5 Exhibit E - Medicaid confidentiality statute and regulations) (FRIDIE, DEBORA) (Entered: 12/14/2011)

1 Exhibit A - keywords for email search

View on PACER

2 Exhibit B - report of emails retrieved

View on PACER

3 Exhibit C - modified keywords for email search

View on PACER

4 Exhibit D - report of emails retrieved

View on PACER

5 Exhibit E - Medicaid confidentiality statute and regulations

View on PACER

Dec. 14, 2011 PACER
95

ATTORNEY TIME RECORDS by MICHELLE CONGDEN, LORETTA DAVIS, DISABILITY RIGHTS FLORIDA INC, JOANNA DYKES, ALYSSA FERRARO, AMANDA PIVINSKI, DAVID WALKER, JOSHUA WOODWARD, HEATHER YOUNG. (HEYSTEK, AMANDA) (Entered: 12/15/2011)

Dec. 15, 2011 PACER
96

ATTORNEY TIME RECORDS - SEALED PORTION by MICHELLE CONGDEN, LORETTA DAVIS, DISABILITY RIGHTS FLORIDA INC, JOANNA DYKES, ALYSSA FERRARO, AMANDA PIVINSKI, DAVID WALKER, JOSHUA WOODWARD, HEATHER YOUNG. (Attachments: # 1 Exhibit) (HEYSTEK, AMANDA) (Entered: 12/15/2011)

Dec. 15, 2011 PACER
97

ORDER - To conserve judicial resources, the trial in this case will be held in Panama City. Signed by JUDGE RICHARD SMOAK on 12/19/11. (kgc) (Entered: 12/19/2011)

Dec. 19, 2011 PACER
98

NOTICE of TELEPHONIC Hearing on 90 MOTION to Compel set for 12/27/2011 2:00 PM in U.S. Courthouse Tallahassee before MAGISTRATE JUDGE WILLIAM C SHERRILL JR. United States Courthouse, Courtroom 2 South, 111 North Adams St., Tallahassee, Florida 32301. NOTE: If you or any party, witness or attorney in this matter has a disability that requires special accommodation, such as, a hearing impairment that requires a sign language interpreter or a wheelchair restriction that requires ramp access, please contact Angie Maxwell at 850-521-3516 in the Clerk's Office at least one week prior to the hearing (or as soon as possible) so arrangements can be made. s/ Angie MaxwellCourtroom Deputy Clerk (amm) (Entered: 12/21/2011)

Dec. 21, 2011 PACER
99

Joint MOTION to Extend TimeFor Rule 26(a)(2)(C) Disclosure by MICHELLE CONGDEN, LORETTA DAVIS, DISABILITY RIGHTS FLORIDA INC, JOANNA DYKES, ALYSSA FERRARO, AMANDA PIVINSKI, DAVID WALKER, JOSHUA WOODWARD, HEATHER YOUNG. (HEYSTEK, AMANDA) (Entered: 12/22/2011)

Dec. 22, 2011 PACER
100

NOTICE Plaintiffs' Response to the Defendant's Motion for Protective Order by MICHELLE CONGDEN, LORETTA DAVIS, DISABILITY RIGHTS FLORIDA INC, JOANNA DYKES, AMANDA PIVINSKI, JOSHUA WOODWARD, HEATHER YOUNG re 94 Response in Opposition to Motion,, (Attachments: # 1 Exhibit Composite Exhibit 1 - CMS memorandum) (LILES, PAUL) (Entered: 12/23/2011)

1 Exhibit Composite Exhibit 1 - CMS memorandum

View on PACER

Dec. 23, 2011 PACER
101

Minute Entry for proceedings held before MAGISTRATE JUDGE WILLIAM C SHERRILL, JR: Motion Hearing held on 12/27/2011 re 90 MOTION to Compel. Parties address pending discovery motions. Ruling by Court: Parties are to try and work out the motions on their own and advise the Court of the status of their motions by January 10, 2012. (Court Reporter Lisa Jones) (erl) (Main Document 101 replaced on 12/28/2011) (erl). Modified on 12/29/2011 (pll). (Entered: 12/27/2011)

Dec. 27, 2011 PACER
102

ORDER re 90 MOTION to Compel. (Status of discovery disputes due by 1/10/2012). Signed by MAGISTRATE JUDGE WILLIAM C SHERRILL, JR on 12/27/2011. (erl) (Entered: 12/27/2011)

Dec. 27, 2011 PACER

State / Territory: Florida

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Olmstead Cases

Key Dates

Filing Date: March 23, 2011

Closing Date: July 9, 2012

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiffs are individuals with developmental disabilities who are eligible to receive services under Florida's developmental disability Medicaid waiver program, but remain on its waitlist. Some of the plaintiffs reside in the community while others reside in ICF/DD facilities. In addition, Disability Rights Florida (the Protection & Advocacy Agency for Florida) is a plaintiff.

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: Denied

Defendants

Florida Agency for Health Care Administration, State

State of Florida, State

Florida Agency for Persons with Disabilities, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

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

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

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

Constitutional Clause(s):

Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Order Duration: 2012 - None

Issues

General:

Deinstitutionalization/decarceration

Habilitation (training/treatment)

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

Wait lists

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

disability, unspecified

Integrated setting

Least restrictive environment

Mental Disability:

Intellectual/developmental disability, unspecified

Medical/Mental Health:

Intellectual/Developmental Disability

Benefit Source:

Medicaid