Case: Jones v. Arnold

3:09-cv-01170 | U.S. District Court for the Middle District of Florida

Filed Date: Dec. 2, 2009

Closed Date: Jan. 3, 2011

Clearinghouse coding complete

Case Summary

The plaintiff in this case, Jacqueline Jones, has quadriplegia as a result of a spinal cord injury and requires assistance in carrying out daily life activities due to her mobility impairment. For many years, her parents were able to care for her, but as they approach old age they no longer have the physical capacity to do so. Ms. Jones was on the waitlist for Traumatic Brain Injury/Spinal Cord Injury (TBI/SCI) Medicaid waiver for several years. In 2009, the state conducted an assessment inter…

The plaintiff in this case, Jacqueline Jones, has quadriplegia as a result of a spinal cord injury and requires assistance in carrying out daily life activities due to her mobility impairment. For many years, her parents were able to care for her, but as they approach old age they no longer have the physical capacity to do so. Ms. Jones was on the waitlist for Traumatic Brain Injury/Spinal Cord Injury (TBI/SCI) Medicaid waiver for several years. In 2009, the state conducted an assessment interview of Ms. Jones in which they determined that she was at risk for imminent placement in a nursing facility, it could not provide her with services. On December 2, 2009, Ms. Jones filed a complaint in the U.S. District Court for the Middle District of Florida alleging that the failure to provide services to allow her to remain in the community violates the Americans with Disabilities Act and Section 504 of the Rehabilitation Act of 1973. She filed an accompanying motion for preliminary injunction.

A few weeks later, the Defendants filed a motion to dismiss the action as moot, as they began the process of providing Ms. Jones with waiver services. The court then postponed hearing Ms. Jones' motion for preliminary injunction, but did not dismiss the case immediately. In early January 2013, Jones filed a motion for class certification, as she sought to represent all individuals on the TBI/SCI waitlist. Before the court resolved the class certification motion, similarly situated plaintiff (and potential class representative) Michele Haddad filed a motion for a preliminary injunction. Discovery continued as the timeline on these motions was extended and multiple briefs were filed. The Court (Judge Marcia Morales Howard) denied Haddad's motion on May 7, 2010, because no class had been certified and Haddad therefore could not represent herself or others in Jones' case. (Haddad later filed a separate action. See Haddad v. Arnold).

The United States (DOJ) filed a motion to intervene in the case, seeking to represent the interests of individuals in Florida who are on the waitlist for services under the TBI/SCI Medicaid waiver. But because Ms. Jones had began receiving services, she stipulated to a voluntary dismissal and the case was closed in January 2011. The DOJ motion to intervene was not considered.

Summary Authors

Beth Kurtz (12/8/2012)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/60762416/parties/jones-v-arnold/


Judge(s)

Howard, Marcia Morales (Florida)

Klindt, James R. (Florida)

Attorneys(s) for Plaintiff

Gold, Stephen F. (Pennsylvania)

Howanitz, Jay M. (Florida)

Attorneys(s) for Defendant

Blocker, William Michael II (Florida)

Sheeran, Andrew T (Florida)

Waas, George Lee (Florida)

Whitney, Enoch Jonathan (Florida)

Other Attorney(s)

Active

Active

Judge(s)

Howard, Marcia Morales (Florida)

Klindt, James R. (Florida)

Attorneys(s) for Plaintiff

Gold, Stephen F. (Pennsylvania)

Howanitz, Jay M. (Florida)

Attorneys(s) for Defendant

Blocker, William Michael II (Florida)

Sheeran, Andrew T (Florida)

Waas, George Lee (Florida)

Whitney, Enoch Jonathan (Florida)

Other Attorney(s)

Bagenstos, Samuel R. (District of Columbia)

Breen, Philip L. (District of Columbia)

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

Perez, Thomas E. (District of Columbia)

Raish, Anne (District of Columbia)

Wodatch, John L. (District of Columbia)

Wohlenhaus, Renee M. (District of Columbia)

Documents in the Clearinghouse

Document

3:09-cv-01170

Docket

Jan. 3, 2011

Jan. 3, 2011

Docket
3

3:09-cv-01170

Plaintiff Jacqueline Jones' Memorandum of Law in Support of her Motion for Preliminary Injunction

Dec. 2, 2009

Dec. 2, 2009

Pleading / Motion / Brief
2

3:09-cv-01170

Plaintiff Jacqueline Jones' Motion for Preliminary Injunction and Expedited Hearing and Memorandum in Support

Dec. 2, 2009

Dec. 2, 2009

Pleading / Motion / Brief
1

3:09-cv-01170

Complaint

Dec. 2, 2009

Dec. 2, 2009

Complaint
25

3:09-cv-01170

Defendants' Motion to Dismiss Amended Complaint

Dec. 29, 2009

Dec. 29, 2009

Complaint
29

3:09-cv-01170

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

Jan. 6, 2010

Jan. 6, 2010

Pleading / Motion / Brief
28

3:09-cv-01170

Motion for Class Certification

Jan. 6, 2010

Jan. 6, 2010

Pleading / Motion / Brief
33

3:09-cv-01170

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

Jan. 13, 2010

Jan. 13, 2010

Pleading / Motion / Brief
34

3:09-cv-01170

Defendants' Response and Memorandum of Law in Opposition to Plaintiffs' Motion for Class Certification

Jan. 20, 2010

Jan. 20, 2010

Pleading / Motion / Brief
48

3:09-cv-01170

Order Denying Motion for Preliminary Injunction as Moot

March 22, 2010

March 22, 2010

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/60762416/jones-v-arnold/

Last updated July 29, 2022, 3 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Thomas Arnold, Anna Viamonte Ross (Filing fee $ 350 receipt number J33929) filed by Jacqueline Jones.(DH) (Entered: 12/02/2009)

Dec. 2, 2009

Dec. 2, 2009

Clearinghouse
2

MOTION for preliminary injunction by Jacqueline Jones. (DH) (Entered: 12/02/2009)

Dec. 2, 2009

Dec. 2, 2009

Clearinghouse
3

MEMORANDUM in support re 2 Motion for preliminary injunction filed by Jacqueline Jones. (DH) (Entered: 12/02/2009)

Dec. 2, 2009

Dec. 2, 2009

Clearinghouse

Summons issued as to Thomas Arnold, Anna Viamonte Ross. (DH)

Dec. 2, 2009

Dec. 2, 2009

PACER
4

AMENDED STANDING ORDER: Filing of documents that exceed twenty-five pages. Signed by All Jacksonville Divisional Judges on 5/25/2005. (DH) (Entered: 12/02/2009)

Dec. 2, 2009

Dec. 2, 2009

PACER
5

ORDER taking under advisement 2 Plaintiff Jacqueline Jones Motion for Preliminary Injunction and Expedited Hearing and Memorandum in Support. See Order for details. Signed by Judge Marcia Morales Howard on 12/2/2009. (SJH) (Entered: 12/03/2009)

Dec. 2, 2009

Dec. 2, 2009

PACER
6

NOTICE of designation under Local Rule 3.05 - track 2. Signed by Deputy Clerk on 12/3/2009. (Attachments: # 1 Consent Letter and Form)(JW) (Entered: 12/03/2009)

Dec. 3, 2009

Dec. 3, 2009

PACER
7

MOTION for Stephen F. Gold to appear pro hac vice by Jacqueline Jones. (Howanitz, Jay) Motions referred to Magistrate Judge James R. Klindt. Modified on 12/8/2009 (Counsel notified to refile with case number)(TS). (Entered: 12/07/2009)

Dec. 7, 2009

Dec. 7, 2009

PACER
8

RETURN of service executed on 12/3/2009 by Jacqueline Jones as to Thomas Arnold. (Howanitz, Jay) (Entered: 12/07/2009)

Dec. 7, 2009

Dec. 7, 2009

PACER
9

RETURN of service executed on 12/3/2009 by Jacqueline Jones as to Anna Viamonte Ross. (Howanitz, Jay) (Entered: 12/07/2009)

Dec. 7, 2009

Dec. 7, 2009

PACER
10

AMENDED MOTION for Stephen F. Gold to appear pro hac vice by Jacqueline Jones. (Howanitz, Jay) Motions referred to Magistrate Judge James R. Klindt. Modified on 12/9/2009 (to edit text)(TS). (Entered: 12/08/2009)

Dec. 8, 2009

Dec. 8, 2009

PACER
11

ORDER granting 10 Plaintiff's Motion for Admission Pro Hac Vice of Stephen F. Gold and Written Designation and Consent to Act. See Order for details. Signed by Magistrate Judge James R. Klindt on 12/9/2009. (JDF) (Entered: 12/09/2009)

Dec. 9, 2009

Dec. 9, 2009

PACER
12

AFFIDAVIT of Jacqueline Jones in Support of Her Motion for a Preliminary Injunction by Jacqueline Jones. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Howanitz, Jay) Modified on 12/10/2009 (Counsel notified to file certificate of service) (TS). (Entered: 12/09/2009)

Dec. 9, 2009

Dec. 9, 2009

PACER
13

NOTICE by Jacqueline Jones Certificate of Service (Howanitz, Jay) (Entered: 12/10/2009)

Dec. 10, 2009

Dec. 10, 2009

PACER
14

NOTICE of Appearance by George Lee Waas on behalf of Anna Viamonte Ross (Waas, George) (Entered: 12/10/2009)

Dec. 10, 2009

Dec. 10, 2009

PACER
15

NOTICE of Appearance by Andrew T. Sheeran on behalf of Thomas Arnold (Sheeran, Andrew) (Entered: 12/11/2009)

Dec. 11, 2009

Dec. 11, 2009

PACER
16

AMENDED COMPLAINT against Jacqueline Jones filed by Jacqueline Jones.(Howanitz, Jay) (Entered: 12/15/2009)

Dec. 15, 2009

Dec. 15, 2009

PACER
17

Emergency MOTION for clarification by Thomas Arnold. (Sheeran, Andrew) (Entered: 12/16/2009)

Dec. 16, 2009

Dec. 16, 2009

PACER
18

PROOF OF SERVICE on 12/10/2009 by Jacqueline Jones as to Thomas Arnold. (Howanitz, Jay) Modified text on 12/18/2009 (DH). (Entered: 12/17/2009)

Dec. 17, 2009

Dec. 17, 2009

PACER
19

PROOF OF SERVICE on 12/10/2009 by Jacqueline Jones as to Anna Viamonte Ross. (Howanitz, Jay) Modified text on 12/18/2009 (DH). (Entered: 12/17/2009)

Dec. 17, 2009

Dec. 17, 2009

PACER
20

NOTICE OF TELEPHONIC HEARING on 17 Emergency Motion for Clarification: Motion Hearing set for 12/17/2009 at 02:30 PM before Judge Marcia Morales Howard. See Notice for additional details. (JW) (Entered: 12/17/2009)

Dec. 17, 2009

Dec. 17, 2009

PACER
22

Minute Entry for proceedings held before Judge Marcia Morales Howard: Telephonic Motion Hearing held on 12/17/2009; granting 17 Emergency Motion for Clarification. Preliminary Injunction Hearing set for December 22, 2009, at 3:00 p.m. Court Reporter: L. Marie Splane (JW) (Entered: 12/18/2009)

Dec. 17, 2009

Dec. 17, 2009

PACER
21

NOTICE by Jacqueline Jones of Sufficient Resolution (Howanitz, Jay) (Entered: 12/18/2009)

Dec. 18, 2009

Dec. 18, 2009

PACER
23

ORDER taking under advisement 2 Plaintiff's Motion for Preliminary Injunction. The parties shall confer and notify the Court on or before Wednesday, January 6, 2009, of a mutually agreed upon briefing schedule and hearing date for the resolution of the Motion. The hearing currently set for December 22, 2009, at 3:00 p.m. is cancelled. Signed by Judge Marcia Morales Howard on 12/21/2009. (JW) (Entered: 12/21/2009)

Dec. 21, 2009

Dec. 21, 2009

PACER
24

NOTICE of Filing Affidavit of Kristen Russell by Thomas Arnold. (Attachments: # 1 Affidavit)(Sheeran, Andrew) Modified on 12/30/2009 (to edit text) (TS). (Entered: 12/29/2009)

Dec. 29, 2009

Dec. 29, 2009

PACER
25

MOTION to dismiss Amended Complaint by Thomas Arnold. (Sheeran, Andrew) (Entered: 12/29/2009)

Dec. 29, 2009

Dec. 29, 2009

Clearinghouse
26

NOTICE of Filing Exhibits to Motion to Dismiss by Thomas Arnold re 25 MOTION to dismiss Amended Complaint (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Sheeran, Andrew) Modified on 12/30/2009 (to edit text) (TS). (Entered: 12/29/2009)

Dec. 29, 2009

Dec. 29, 2009

PACER
27

Notice of Parties' Agreed Briefing Schedule And Hearing Date by Jacqueline Jones, Thomas Arnold, Anna Viamonte Ross. (Howanitz, Jay) (Modified on 1/26/2010 to edit text) (DSY). (Entered: 01/06/2010)

Jan. 6, 2010

Jan. 6, 2010

PACER
28

MOTION to certify class by Jacqueline Jones. (Attachments: # 1 Exhibit)(Gold, Stephen) (Entered: 01/06/2010)

Jan. 6, 2010

Jan. 6, 2010

Clearinghouse
29

MEMORANDUM in support re 28 Motion to certify class filed by Jacqueline Jones. (Attachments: # 1 Exhibit)(Gold, Stephen) (Entered: 01/06/2010)

Jan. 6, 2010

Jan. 6, 2010

Clearinghouse
30

First MOTION to stay Class Certification Pending Disposition of Plaintiff's Status and Ruling on Pending Motion to Dismiss by Thomas Arnold, Anna Viamonte Ross. (Waas, George) (Entered: 01/07/2010)

Jan. 7, 2010

Jan. 7, 2010

PACER
31

ORDER denying without prejudice 30 Motion to Stay Class Certification for failure to comply with Local Rules. See Order for details. Signed by Judge Marcia Morales Howard on 1/12/2010. (BMR) (Entered: 01/12/2010)

Jan. 12, 2010

Jan. 12, 2010

PACER
32

Amended MOTION to stay Class Certification Pending Disposition of Plaintiff's Status and Ruling on Pending Motion to Dismiss by Thomas Arnold, Anna Viamonte Ross. (Waas, George) (Entered: 01/12/2010)

Jan. 12, 2010

Jan. 12, 2010

PACER
33

MEMORANDUM in opposition re 25 Motion to dismiss filed by Jacqueline Jones. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit)(Gold, Stephen) (Entered: 01/13/2010)

Jan. 13, 2010

Jan. 13, 2010

Clearinghouse
34

RESPONSE in opposition re 28 MOTION to certify class Defendants' Response and Memorandum of Law in Opposition to Plaintiff's Motion for Class Certification filed by Thomas Arnold. (Attachments: # 1 Affidavit)(Sheeran, Andrew) (Entered: 01/20/2010)

Jan. 20, 2010

Jan. 20, 2010

Clearinghouse
35

RESPONSE in opposition re 32 Motion to stay filed by Jacqueline Jones. (Gold, Stephen) Modified on 1/22/2010 (to edit text) (TS). (Entered: 01/22/2010)

Jan. 22, 2010

Jan. 22, 2010

PACER
36

MOTION to amend/correct Complaint by Jacqueline Jones. (Attachments: # 1 Exhibit)(Gold, Stephen) (Entered: 01/27/2010)

Jan. 27, 2010

Jan. 27, 2010

PACER
37

NOTICE of Appearance by William Michael Blocker, II on behalf of Thomas Arnold (Blocker, William) (Entered: 01/29/2010)

Jan. 29, 2010

Jan. 29, 2010

PACER
38

MOTION for leave to file Reply Brief to Defts' Response and Memorandum in Opposition to Plfs' Motion for Class Certification by Jacqueline Jones. (Howanitz, Jay) Modified on 2/3/2010 (STRICKEN per Order 41)(TS). (Entered: 02/01/2010)

Feb. 1, 2010

Feb. 1, 2010

PACER
39

CASE MANAGEMENT REPORT. (Howanitz, Jay) (Entered: 02/01/2010)

Feb. 1, 2010

Feb. 1, 2010

PACER
40

First MOTION to strike 38 MOTION for leave to file Reply Brief to Defts' Response and Memorandum in Opposition to Plfs' Motion for Class Certification by Thomas Arnold, Anna Viamonte Ross. (Waas, George) (Entered: 02/01/2010)

Feb. 1, 2010

Feb. 1, 2010

PACER
41

ORDER striking 38 Motion for Leave to File Reply; denying as moot 40 Motion to Strike. See Order for details. Signed by Judge Marcia Morales Howard on 2/2/2010. (BMR) (Entered: 02/02/2010)

Feb. 2, 2010

Feb. 2, 2010

PACER
42

RESPONSE in opposition re 36 MOTION to amend/correct Complaint Response and Memorandum of Law in Opposition to Plaintiff's Motion for Leave to Amend filed by Thomas Arnold. (Sheeran, Andrew) (Entered: 02/03/2010)

Feb. 3, 2010

Feb. 3, 2010

PACER
43

CASE MANAGEMENT AND SCHEDULING ORDER: Discovery due by 9/7/2010. Dispositive motions due by 10/4/2010. Mediate by 11/5/2010. Pretrial statement due by 12/27/2010. Final Pretrial Conference set for 1/18/2011 at 10:00 AM in Jacksonville Courtroom 10 B before Judge Marcia Morales Howard. Bench Trial set for trial term commencing on 2/1/2011 at 09:30 AM in Jacksonville Courtroom 10 B before Judge Marcia Morales Howard. Signed by Judge Marcia Morales Howard on 2/5/2010. (JW) (Entered: 02/05/2010)

Feb. 5, 2010

Feb. 5, 2010

PACER
44

ORDERED: On or before February 22, 2010, the parties shall file a notice advising the Court of whether the issues raised in Plaintiff's Motion for Preliminary Injunction (Dkt. No. 2) are moot. Signed by Judge Marcia Morales Howard on 2/8/2010. (JW) (Entered: 02/08/2010)

Feb. 8, 2010

Feb. 8, 2010

PACER
45

CERTIFICATE of interested persons and corporate disclosure statement by Thomas Arnold. (Sheeran, Andrew) (Entered: 02/16/2010)

Feb. 16, 2010

Feb. 16, 2010

PACER
46

CERTIFICATE of interested persons and corporate disclosure statement by Jacqueline Jones. (Howanitz, Jay) (Entered: 02/16/2010)

Feb. 16, 2010

Feb. 16, 2010

PACER
47

STATUS REPORT re Preliminary Injunction by Jacqueline Jones. (Howanitz, Jay) (Entered: 02/22/2010)

Feb. 22, 2010

Feb. 22, 2010

PACER
48

ORDER denying as moot 2 Motion for preliminary injunction. See Order for details. Signed by Judge Marcia Morales Howard on 2/23/2010. (BMR) (Entered: 02/23/2010)

Feb. 23, 2010

Feb. 23, 2010

Clearinghouse
49

MOTION to amend/correct complaint by Jacqueline Jones. (Attachments: # 1 Exhibit proposed Third Amended Complaint)(Howanitz, Jay) (Entered: 04/12/2010)

April 12, 2010

April 12, 2010

PACER
50

MOTION to stay Consideration of Plaintiff's Motion for Leave to file Third Amended Complaint by Thomas Arnold, Anna Viamonte Ross. (Waas, George) (Entered: 04/12/2010)

April 12, 2010

April 12, 2010

PACER
51

NOTICE of Appearance by Enoch Jonathan Whitney on behalf of Anna Viamonte Ross (Whitney, Enoch) (Entered: 04/14/2010)

April 14, 2010

April 14, 2010

PACER
52

MOTION for preliminary injunction and Expedited Hearing with Memorandum of Law in Support thereof by Jacqueline Jones. (Attachments: # 1 Exhibit Michele Haddad Declaration in Support of her Motion for a Preliminary Injunction)(Howanitz, Jay) (Entered: 04/15/2010)

April 15, 2010

April 15, 2010

Clearinghouse
53

MOTION to stay Plaintiff's motion for preliminary injunction as to a non-party by Thomas Arnold, Anna Viamonte Ross. (Waas, George) (Entered: 04/15/2010)

April 15, 2010

April 15, 2010

PACER
54

RESPONSE in opposition re 50 MOTION to stay Consideration of Plaintiff's Motion for Leave to file Third Amended Complaint filed by Jacqueline Jones. (Howanitz, Jay) Modified on 4/27/2010 (Incorrect PDF attached. Counsel refiled as doc. 57) (TS). (Entered: 04/23/2010)

April 23, 2010

April 23, 2010

PACER
55

RESPONSE in opposition re 53 MOTION to stay Plaintiff's motion for preliminary injunction as to a non-party filed by Jacqueline Jones. (Howanitz, Jay) (Entered: 04/23/2010)

April 23, 2010

April 23, 2010

PACER
56

ORDER directing Defendants to respond to the 52 Motion for Preliminary Injunction no later than 4/30/2010. See Order for details. Signed by Judge Marcia Morales Howard on 4/23/2010. (BMR) (Entered: 04/23/2010)

April 23, 2010

April 23, 2010

PACER
57

RESPONSE in opposition re 50 MOTION to stay Consideration of Plaintiff's Motion for Leave to file Third Amended Complaint filed by Jacqueline Jones. (Howanitz, Jay) (Entered: 04/26/2010)

April 26, 2010

April 26, 2010

PACER
58

RESPONSE in opposition re 52 MOTION for preliminary injunction and Expedited Hearing with Memorandum of Law in Support thereof filed by Thomas Arnold. (Sheeran, Andrew) Modified text on 5/3/2010 (DH). (Entered: 04/30/2010)

April 30, 2010

April 30, 2010

Clearinghouse
59

NOTICE by Thomas Arnold, Anna Viamonte Ross, of Filing Affidavit of Kristen Russell (Attachments: # 1 Affidavit of Kristen Russell)(Sheeran, Andrew) Modified text/filers on 5/3/2010 (DH). (Entered: 04/30/2010)

April 30, 2010

April 30, 2010

PACER
60

NOTICE of Filing Declaration of Jeffery S. Johns, M.D by Jacqueline Jones re 52 MOTION for preliminary injunction (Attachments: # 1 Exhibit Declaration of Dr. Johns in Support of Michele Haddad's Motion for Preliminary Injunction)(Howanitz, Jay) Modified on 5/4/2010 (to edit text)(TS). (Entered: 05/03/2010)

May 3, 2010

May 3, 2010

PACER
61

MOTION to compel Initial Request for Production by Jacqueline Jones. (Attachments: # 1 Exhibit 1st RFP to Deft Arnold, # 2 Exhibit 1st RFP to Deft Ross, # 3 Exhibit Defts Joint Response to RFP)(Howanitz, Jay) Motions referred to Magistrate Judge James R. Klindt. (Entered: 05/03/2010)

May 3, 2010

May 3, 2010

PACER
62

ORDER denying without prejudice 52 Plaintiff [sic] Michele Haddad's Motion for Preliminary Injunction, Expedited Hearing and Memorandum of Law in Support. Signed by Judge Marcia Morales Howard on 5/7/2010. (JW) (Entered: 05/07/2010)

May 7, 2010

May 7, 2010

Clearinghouse
63

ORDER denying as moot 53 Motion to Stay. See Order for details. Signed by Judge Marcia Morales Howard on 5/11/2010. (BMR) (Entered: 05/11/2010)

May 11, 2010

May 11, 2010

PACER
64

NOTICE of supplemental authority re 25 MOTION to dismiss Amended Complaint by Thomas Arnold (Attachments: # 1 Supplement AAPD v Holland)(Sheeran, Andrew) (Entered: 05/13/2010)

May 13, 2010

May 13, 2010

PACER
65

NOTICE of withdrawal of motion by Jacqueline Jones re 49 MOTION to amend/correct complaint (Howanitz, Jay) Modified on 5/17/2010 to create docket entry relationship. (DH). (Entered: 05/14/2010)

May 14, 2010

May 14, 2010

PACER
66

RESPONSE in opposition re 61 MOTION to compel Initial Request for Production and Memorandum of Law in Support filed by Thomas Arnold. (Sheeran, Andrew) (Entered: 05/14/2010)

May 14, 2010

May 14, 2010

PACER
67

RESPONSE re 64 Notice of Supplemental Authority by Jacqueline Jones. (Gold, Stephen) Modified on 5/21/2010 (to edit text) (TS). Modified on 5/25/2010 (STRICKEN per Order 68)(TS). (Entered: 05/20/2010)

May 20, 2010

May 20, 2010

PACER
68

ORDER striking 67 Plaintiff's Response to Notice of Supplemental Authority. See Order for details. Signed by Judge Marcia Morales Howard on 5/21/2010. (BMR) (Entered: 05/24/2010)

May 21, 2010

May 21, 2010

PACER
69

Joint MOTION for extension of time to complete discovery and expert witness disclosure deadlines nd memorandum of law by Thomas Arnold, Jacqueline Jones, Anna Viamonte Ross. (Howanitz, Jay) Motions referred to Magistrate Judge James R. Klindt. (Entered: 05/27/2010)

May 27, 2010

May 27, 2010

PACER
70

ORDER taking under advisement 69 Joint Motion to Extend Discovery and Expert Witness Disclosure Deadlines and Memorandum of Law; staying deadline for Plaintiff's disclosure of expert reports, deadline for Defendant's disclosure of expert reports, and discovery deadline; setting telephonic status hearing for 6/10/2010 at 2:00 p.m. See Order for details and instructions. Signed by Magistrate Judge James R. Klindt on 6/4/2010. (JDF) (Entered: 06/04/2010)

June 4, 2010

June 4, 2010

PACER
73

Minute Entry. Proceedings held before Magistrate Judge James R. Klindt: Telephonic Status Hearing held on 6/10/2010. (DIGITAL) (DNL) (Entered: 06/15/2010)

June 10, 2010

June 10, 2010

PACER
71

ORDER granting 69 Joint Motion to Extend Discovery and Expert Witness Disclosure Deadlines and Memorandum of Law. The Case Management deadlines are adjusted as follows: Plaintiff's Disclosure of Expert Reports by 9/2/2010; Defendant's Disclosure of Expert Reports by 10/4/2010; Discovery Deadline set for 12/6/2010; Mediate by 2/3/2011; Dispositive Motions due 1/3/2011; Joint Final Pretrial Statement due 3/28/2011; All Other Motions due 4/4/2011. Final Pretrial Conference set for 4/18/2011 at 10:00 AM in Jacksonville Courtroom 10 B before Judge Marcia Morales Howard. Bench Trial set for trial term commencing on 5/2/2011 at 09:30 AM in Jacksonville Courtroom 10 B before Judge Marcia Morales Howard. See Order for details. Signed by Magistrate Judge James R. Klindt on 6/14/2010. (JDF) (Entered: 06/14/2010)

June 14, 2010

June 14, 2010

PACER
72

MOTION for George Waas to withdraw as attorney by Anna Viamonte Ross. (Waas, George) Motions referred to Magistrate Judge James R. Klindt. (Entered: 06/14/2010)

June 14, 2010

June 14, 2010

PACER
74

ORDER taking under advisement 72 Motion to Withdraw as Counsel; directing counsel to serve copy of Order on Defendant; any response due 6/25/2010 or the request will be treated as unopposed. Signed by Magistrate Judge James R. Klindt on 6/17/2010. (KAW) (Entered: 06/17/2010)

June 17, 2010

June 17, 2010

PACER
75

RESPONSE to motion re 72 MOTION for George Waas to withdraw as attorney filed by Anna Viamonte Ross. (Whitney, Enoch) (Entered: 06/18/2010)

June 18, 2010

June 18, 2010

PACER
76

ORDER granting 72 Motion to Withdraw as Counsel. Signed by Magistrate Judge James R. Klindt on 6/29/2010. (KAW) (Entered: 06/29/2010)

June 29, 2010

June 29, 2010

PACER
77

NOTICE to the Court by Thomas Arnold, Anna Viamonte Ross(Sheeran, Andrew) Modified on 7/23/2010 (to edit text) (TS). (Entered: 07/22/2010)

July 22, 2010

July 22, 2010

PACER
78

MOTION for William M. Blocker II to withdraw as attorney by Thomas Arnold. (Blocker, William) Motions referred to Magistrate Judge James R. Klindt. (Entered: 07/22/2010)

July 22, 2010

July 22, 2010

PACER
79

ORDER taking under advisement 78 Motion to Withdraw as Counsel; any response due 8/4/2010 or the request will be treated as unopposed. Signed by Magistrate Judge James R. Klindt on 7/23/2010. (KAW) (Entered: 07/23/2010)

July 23, 2010

July 23, 2010

PACER
80

ORDER granting 78 Motion to Withdraw as Counsel; directing Clerk to terminate William M. Blocker, Esq. as counsel of record for the State of Florida, Agency for Health Care Administration. Signed by Magistrate Judge James R. Klindt on 8/5/2010. (KAW) (Entered: 08/05/2010)

Aug. 5, 2010

Aug. 5, 2010

PACER
81

ORDER denying without prejudice 36 Motion for Leave to Amend First Amended Class Action Complaint. See Order for details. Signed by Magistrate Judge James R. Klindt on 8/13/2010. (JDF) (Entered: 08/13/2010)

Aug. 13, 2010

Aug. 13, 2010

PACER
82

ORDER denying as moot 50 Defendants' Thomas Arnold's [and] Anna Viamonte Rosss Motion to Stay Consideration of Filing Third Amended Complaint. See Order for details. Signed by Magistrate Judge James R. Klindt on 8/13/2010. (JDF) (Entered: 08/13/2010)

Aug. 13, 2010

Aug. 13, 2010

PACER
83

Joint MOTION for extension of time to complete discovery and for expert witness disclosure by Thomas Arnold, Jacqueline Jones, Anna Viamonte Ross. (Howanitz, Jay) Motions referred to Magistrate Judge James R. Klindt. (Entered: 08/25/2010)

Aug. 25, 2010

Aug. 25, 2010

PACER
84

MOTION to intervene by UNITED STATES OF AMERICA. (Attachments: # 1 Exhibit U.S. Complaint in Intervention)(Raish, Anne) Motions referred to Magistrate Judge James R. Klindt. (Entered: 09/10/2010)

Sept. 10, 2010

Sept. 10, 2010

Clearinghouse
85

Unopposed MOTION for extension of time to file response/reply as to 84 MOTION to intervene by Thomas Arnold, Anna Viamonte Ross. (Whitney, Enoch) (Entered: 09/24/2010)

Sept. 24, 2010

Sept. 24, 2010

PACER
86

ORDER granting 85 Defendants' Unopposed Motion For Extension of Time in Which to Respond to United States' Motion to Intervene; Defendants shall file a response by 10/7/2010. Signed by Magistrate Judge James R. Klindt on 9/29/2010. (WLG) (Entered: 09/29/2010)

Sept. 29, 2010

Sept. 29, 2010

PACER
87

RESPONSE in opposition re 84 MOTION to intervene filed by Thomas Arnold. (Sheeran, Andrew) (Entered: 10/07/2010)

Oct. 7, 2010

Oct. 7, 2010

Clearinghouse
88

STIPULATION of Dismissal Without Prejudice by Thomas Arnold, Jacqueline Jones, Anna Viamonte Ross. (Attachments: # 1 Exhibit proposed order)(Howanitz, Jay) (Entered: 12/30/2010)

Dec. 30, 2010

Dec. 30, 2010

Clearinghouse
89

STIPULATION of Dismissal Without Prejudice by Thomas Arnold, Jacqueline Jones, Anna Viamonte Ross. (Attachments: # 1 Proposed Order)(Howanitz, Jay) Modified on 1/3/2011. Incorrectly docketed as a motion. (Duplicate filing of Doc. 88, Proposed Order modified). (DH). (Entered: 12/30/2010)

Dec. 30, 2010

Dec. 30, 2010

PACER
90

ORDER dismissing case without prejudice. The Clerk of the Court is directed to close the file. Signed by Judge Marcia Morales Howard on 1/3/2011. (JW) (Entered: 01/03/2011)

Jan. 3, 2011

Jan. 3, 2011

PACER

Case Details

State / Territory: Florida

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Olmstead Cases

Multi-LexSum (in sample)

Key Dates

Filing Date: Dec. 2, 2009

Closing Date: Jan. 3, 2011

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Jacqueline Jones had quadriplegia and requires assistance carrying out daily life activities.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Steve Gold

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

Florida Agency for Health Care Administration, State

Florida Department of Health, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

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

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Plaintiff

Source of Relief:

Unknown

Form of Settlement:

Voluntary Dismissal

Content of Injunction:

Preliminary relief denied

Issues

General:

Deinstitutionalization/decarceration

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

Wait lists

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

Integrated setting

Least restrictive environment

Mobility impairment

Benefit Source:

Medicaid