Case: Pitts v. Greenstein

3:10-cv-00635 | U.S. District Court for the Middle District of Louisiana

Filed Date: Sept. 22, 2010

Closed Date: Jan. 29, 2013

Clearinghouse coding complete

Case Summary

IN 2010, after Louisiana proposed a reduction in available nursing hours as part of Louisiana Medicaid's Long-Term Personal Care Services (LT-PCS) program, the plaintiffs filed this lawsuit in the U.S. District Court for the Middle District of Louisiana. The named Plaintiffs, seeking to represent a class of similarly situated individuals with disabilities, had each been approved for about 40 in-home nursing hours through the LT-PCS program. The proposed cuts would cap nursing hours at 32. The P…

IN 2010, after Louisiana proposed a reduction in available nursing hours as part of Louisiana Medicaid's Long-Term Personal Care Services (LT-PCS) program, the plaintiffs filed this lawsuit in the U.S. District Court for the Middle District of Louisiana. The named Plaintiffs, seeking to represent a class of similarly situated individuals with disabilities, had each been approved for about 40 in-home nursing hours through the LT-PCS program. The proposed cuts would cap nursing hours at 32. The Plaintiffs alleged that this reduction would put them at risk of unnecessary institutionalization in violation of the Americans with Disabilities Act (under the Supreme Court precedent, Olmstead v. L.C.) and Section 504 of the Rehabilitation Act of 1973. The Plaintiffs also argued that the state had provided inadequate notice of the changes in violation of the Medicaid Act and the Due Process Clause of the U.S. Constitution.

The State filed a motion to dismiss (October 21, 2010) which was later converted (in December 2010) to a motion for summary judgment, seeking to resolve the case in their favor before trial. In April 2011, the U.S. Department of Justice filed a Statement of Interest in support of the Plaintiffs. On May 18, 2011, Judge James J. Brady denied the Defendants' motion and allowed the case to proceed, and on June 6, 2011, Judge Brady certified the plaintiff class. After these plaintiff successes and a period of discovery, the parties settled.

In January 2012, the court entered a settlement agreement designed to meet the care needs of the plaintiff population. Under this agreement, the State promised to create enrollment slots so that the affected population could enroll (in an expedited fashion) in the Louisiana's Community Choice Waiver program to meet their home care needs. Recipients who are deemed eligible to receive the new maximum of 32 LT-PCS hours will be notified of the option of expedited enrollment in the CC Waiver instead. The agreement outlines the criteria for admission to the CC Waiver program and obligates the state to resolve such requests by June 30, 2012. The agreement is to be enforceable only until December 31, 2012, but the deadline will be extended if the state has failed to meet its obligations by that time.

On Jan. 18, 2013, the parties jointly moved to dismiss the case with prejudice, because both agreed that the conditions outlined in the Settlement Agreement have been met. On Jan. 29, 2013, Judge Brady dismissed the case.

Summary Authors

Beth Kurtz (11/26/2012)

Andrew Junker (10/29/2014)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4884043/parties/pitts-v-louisiana-department-of-health-and-hospitals/


Judge(s)

Brady, James J. (Louisiana)

Attorney for Plaintiff
Attorney for Defendant

Berns, Matthew (District of Columbia)

Brown, Caroline M. (District of Columbia)

Expert/Monitor/Master/Other

Bagenstos, Samuel R. (District of Columbia)

Barkoff, Alison (District of Columbia)

Documents in the Clearinghouse

Documents in this case

3:10-cv-00635

Docket

Jan. 9, 2013

Jan. 9, 2013

Docket
1

3:10-cv-00635

Complaint

Sept. 22, 2010

Sept. 22, 2010

Complaint
17

3:10-cv-00635

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

Nov. 11, 2010

Nov. 11, 2010

Pleading / Motion / Brief
30

3:10-cv-00635

Plaintiffs' Motion for Class Certification

Dec. 20, 2010

Dec. 20, 2010

Pleading / Motion / Brief
30-1

3:10-cv-00635

Memorandum in Support of Plaintiffs' Motion for Class Certification

Dec. 20, 2010

Dec. 20, 2010

Pleading / Motion / Brief
30-2

3:10-cv-00635

Order

Dec. 20, 2010

Dec. 20, 2010

Order/Opinion
32

3:10-cv-00635

Defendants' Memorandum in Opposition to Class Certification

Jan. 10, 2011

Jan. 10, 2011

Pleading / Motion / Brief
33

3:10-cv-00635

Plaintiffs' Reply to Defendants' Memorandum in Opposition of Class Certification

Jan. 25, 2011

Jan. 25, 2011

Pleading / Motion / Brief
38

3:10-cv-00635

Plaintiffs' Memorandum in Opposition to Motion for Summary Judgment

March 9, 2011

March 9, 2011

Pleading / Motion / Brief
38-1

3:10-cv-00635

Plaintiffs' Separate Statement of Disputed Issues of Fact

March 9, 2011

March 9, 2011

Discovery Material/FOIA Release

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4884043/pitts-v-louisiana-department-of-health-and-hospitals/

Last updated March 26, 2025, 8:31 a.m.

ECF Number Date Description Link
1 Sept. 22, 2010

COMPLAINT against All Defendants ( Filing fee $ 350 receipt number 053N−604210.), filed by Helen Pitts, Rickii Ainey, Denise Hodges, Kenneth Roman. (Attachments: # 1 Civil Cover Sheet)(Hahn, Ellen) (Entered: 09/22/2010)

PACER
2 Sept. 22, 2010

MOTION for Stephen F. Gold to Appear Pro Hac Vice (Filing fee $40.00, Receipt Number 053N−604218) by All Plaintiffs. (Attachments: # 1 Affidavit Declaration and Certificate of Good Standing, # 2 Proposed Order)(Hahn, Ellen) (Entered: 09/22/2010)

PACER
Sept. 23, 2010

MOTION(S) REFERRED: 2 MOTION for Stephen F. Gold to Appear Pro Hac Vice (Filing fee $40.00, Receipt Number 053N−604218). This motion is now pending before the USMJ. (CMM, ) (Entered: 09/23/2010)

PACER
3 Sept. 27, 2010

ORDER granting 2 Motion for Stephen F. Gold to Appear Pro Hac Vice for plaintiffs. Signed by Magistrate Judge Stephen C. Riedlinger on 09/27/2010. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (Riedlinger, Stephen) (Entered: 09/27/2010)

PACER
4 Sept. 27, 2010

Summons Submitted (Hahn, Ellen) (Entered: 09/27/2010)

PACER
5 Sept. 27, 2010

Summons Submitted (Hahn, Ellen) (Entered: 09/27/2010)

PACER
6 Sept. 27, 2010

Summons Issued as to Louisiana Department of Health and Hospitals. (NOTICE: Counsel shall print and serve both the summons and all attachments in accordance with Federal Rule of Civil Procedure 4.) (BP, ) (Entered: 09/27/2010)

PACER
7 Sept. 27, 2010

Summons Issued as to Bruce Greenstein. (NOTICE: Counsel shall print and serve both the summons and all attachments in accordance with Federal Rule of Civil Procedure 4.) (BP, ) (Entered: 09/27/2010)

PACER
8 Sept. 29, 2010

90 DAY CONFERENCE ORDER: Scheduling Conference set for 12/16/2010 at 03:00 PM before Magistrate Judge Stephen C. Riedlinger. Status Report due by 12/2/2010.. Signed by Magistrate Judge Stephen C. Riedlinger on 9/29/2010. (CMM, ) (Entered: 09/29/2010)

PACER
10 Oct. 6, 2010

SUMMONS Returned Executed by Helen Pitts, Rickii Ainey, Denise Hodges, Kenneth Roman. Bruce Greenstein served on 10/1/2010, answer due 10/21/2010. (Hahn, Ellen) (Entered: 10/06/2010)

PACER
11 Oct. 21, 2010

MOTION for Summary Judgment (to Dismiss) by All Defendants. (Attachments: # 1 Memorandum in Support, # 2 Affidavit, # 3 Attachment Attachments to Eley Declaration, # 4 Proposed Pleading; Proposed Order to Dismiss)(Elliott, Neal) Modified on 12/3/2010 to convert motion to a Summary Judgment per order(PAH). (Entered: 10/21/2010)

PACER
12 Oct. 21, 2010

MOTION for Caroline M. Brown to Appear Pro Hac Vice (Filing fee $40.00, Receipt Number 053N−613620) by All Defendants. (Attachments: # 1 Affidavit, # 2 Proposed Pleading; Proposed Order)(Elliott, Neal) (Entered: 10/21/2010)

PACER
13 Oct. 21, 2010

MOTION for Matthew Berns to Appear Pro Hac Vice (Filing fee $40.00, Receipt Number 053N−613631) by All Defendants. (Attachments: # 1 Affidavit, # 2 Proposed Pleading; Proposed Order)(Elliott, Neal) (Entered: 10/21/2010)

PACER
Oct. 21, 2010

MOTION(S) REFERRED: 12 MOTION for Caroline M. Brown to Appear Pro Hac Vice (Filing fee $40.00, Receipt Number 053N−613620), 13 MOTION for Matthew Berns to Appear Pro Hac Vice (Filing fee $40.00, Receipt Number 053N−613631). This motion is now pending before the USMJ. (BP, ) (Entered: 10/22/2010)

PACER
14 Oct. 22, 2010

ORDER granting 12 Motion for Caroline M. Brown to Appear Pro Hac Vice for defendants. Signed by Magistrate Judge Stephen C. Riedlinger on 10/22/2010. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (Riedlinger, Stephen) (Entered: 10/22/2010)

PACER
15 Oct. 22, 2010

ORDER granting 13 Motion for Matthew Berns to Appear Pro Hac Vice for defendants. Signed by Magistrate Judge Stephen C. Riedlinger on 10/22/2010. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (Riedlinger, Stephen) (Entered: 10/22/2010)

PACER
16 Oct. 25, 2010

NOTICE to Parties on 11 MOTION to Dismiss : Opposition to the motion shall be filed on or before 11/11/10. The mover may file a reply brief within 15 days of the filing of the opposition.. Signed by Judge James J. Brady on 10/25/10. (PAH, ) (Entered: 10/25/2010)

PACER
17 Nov. 10, 2010

MEMORANDUM in Opposition to 11 MOTION to Dismiss filed by All Plaintiffs. (Hahn, Ellen) (Entered: 11/10/2010)

PACER
18 Nov. 16, 2010

MOTION for Bruce Vignery to Appear Pro Hac Vice (Filing fee $40.00, Receipt Number 053N−621434) by All Plaintiffs. (Attachments: # 1 Attachment Proposed order, # 2 Affidavit)(Hahn, Ellen) (Entered: 11/16/2010)

PACER
19 Nov. 16, 2010

ORDER granting 18 Motion for Bruce Vignery to Appear Pro Hac Vice for plaintiffs. Signed by Magistrate Judge Stephen C. Riedlinger on 11/16/2010. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (Riedlinger, Stephen) (Entered: 11/16/2010)

PACER
20 Nov. 16, 2010

MOTION for Kenneth Zeller to Appear Pro Hac Vice (Filing fee $40.00, Receipt Number 053N−621445) by All Plaintiffs. (Attachments: # 1 Attachment Proposed order, # 2 Affidavit)(Hahn, Ellen) (Entered: 11/16/2010)

PACER
21 Nov. 16, 2010

ORDER granting 20 Motion for Kenneth Zeller to Appear Pro Hac Vice for plaintiffs. Signed by Magistrate Judge Stephen C. Riedlinger on 11/16/2010. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (Riedlinger, Stephen) (Entered: 11/16/2010)

PACER
22 Nov. 19, 2010

Unopposed MOTION for Extension of Time Reply to Plaintiffs' Opposition to Defendant's Motion to Dismiss by All Defendants. (Elliott, Neal) (Entered: 11/19/2010)

PACER
Nov. 22, 2010

Set/Reset Deadlines as to 11 MOTION to Dismiss. Replies due by 12/3/2010. (NLT) (Entered: 11/22/2010)

PACER
24 Dec. 2, 2010

STATUS REPORT by All Parties. (Hahn, Ellen) (Entered: 12/02/2010)

PACER
25 Dec. 3, 2010

ORDER: IT IS HEREBY ORDERED, pursuant to Federal Rule of Civil Procedure 12(d), that the motion to dismiss be and is hereby converted to a motion for summary judgment and Plaintiffs are hereby given a period of twenty−one (21) days to present all materials pertinent to such a motion by Federal Rule of Civil Procedure 56; Defendants shall have fifteen (15) thereafter to file such response as may be appropriate. Signed by Judge James J. Brady on 12/2/10. (PAH) (Entered: 12/03/2010)

PACER
Dec. 3, 2010

Set/Reset Deadlines as to 11 MOTION for Summary Judgment. Replies due by 1/11/2011. (PAH) (Entered: 12/03/2010)

PACER
26 Dec. 7, 2010

Consent MOTION for Extension of Time for Plaintiffs' to Submit Summary Judgment Evidence by All Plaintiffs. (Attachments: # 1 Proposed order)(Hahn, Ellen) Modified on 12/8/2010 to edit text in title of motion (PJH). (Entered: 12/07/2010)

PACER
27 Dec. 8, 2010

ORDER granting 26 Motion for Extension of Time to submit Summary Judgment Evidence.. ORDERED that Plaintiffs may file materials responsive to Defendants' Motion to Dismiss, which the Court has converted pursuant to Rule l2(d) of the Federal Rules of Civil Procedure to a motion for summary judgment, by February 7, 2011. Defendants shall expedite production of documents relevant to the motion by providing all documents relevant to the Declaration of Hugh Eley to Plaintiffs' counsel by December 21,2011. Defendants may file a reply to Plaintiffs' submission exceeding 20 pages in length by February 22,2011. Signed by Judge James J. Brady on 12/08/10. (PAH) (Entered: 12/08/2010)

PACER
Dec. 8, 2010

Set/Reset Deadlines as to 11 MOTION for Summary Judgment. (PAH) (Entered: 12/08/2010)

PACER
28 Dec. 15, 2010

Letter dated 12/15/2010 from Nell Hahn to Judge Riedlinger Re: Postponement of scheduling conference. (CMM) (Entered: 12/15/2010)

PACER
29 Dec. 15, 2010

ORDER Canceling Scheduling Conference: IT IS ORDERED that the scheduling conference set for December 16, 2010 is canceled. Another scheduling conference will be set, if necessary, after the court rules on the Defendants 11 Motion to Dismiss.. Signed by Magistrate Judge Stephen C. Riedlinger on 12/15/2010. (CMM) Modified on 12/15/2010 to edit text. (CMM) (Entered: 12/15/2010)

PACER
30 Dec. 20, 2010

MOTION to Certify Class by All Plaintiffs. (Attachments: # 1 Memorandum in Support, # 2 Proposed Order)(Hahn, Ellen) (Entered: 12/20/2010)

PACER
31 Jan. 3, 2011

NOTICE to Parties on 30 MOTION to Certify Class : Opposition to the motion shall be filed on or before 1/10/11. The mover may file a reply brief within 15 days of the filing of the opposition. Signed by Judge James J. Brady on 1/3/11. (BP) (Entered: 01/03/2011)

PACER
32 Jan. 10, 2011

MEMORANDUM in Opposition to 30 MOTION to Certify Class filed by All Defendants. (Berns, Matthew) (Entered: 01/10/2011)

PACER
33 Jan. 25, 2011

REPLY to Response to 30 MOTION to Certify Class, 32 Memorandum in Opposition to Motion filed by All Plaintiffs. (Attachments: # 1 Affidavit Declaration of Rickii Ainey, # 2 Affidavit Declaration of Helen Pitts, # 3 Affidavit Declaration of Kenneth Roman, # 4 Affidavit Declaration of Denise Hodges, # 5 Affidavit Declaration of Cleo Lancaster, # 6 Affidavit Declaration of Carol Congress, # 7 Affidavit Declaration of Jeanne Abadie, # 8 Affidavit Declaration of Nell Hahn, # 9 Affidavit Declaration of Stephen F. Gold, # 10 Affidavit Declaration of Bruce Vignery, # 11 Affidavit Declaration of Kenneth W. Zeller)(Hahn, Ellen) (Entered: 01/25/2011)

PACER
35 Jan. 28, 2011

ORDER granting 34 Motion for Extension of Time to File Response to 11 MOTION for Summary Judgment. Response due by 3/9/2011. Reply due by 3/30/2011. Signed by Judge James J. Brady on 1/27/11. (BP) (Entered: 01/28/2011)

PACER
36 March 9, 2011

Motion for Leave to File Memorandum in Opposition Exceeding Page Limit Additional Exhibits to 25 Order, 11 MOTION for Summary Judgment by All Plaintiffs. filed by All Plaintiffs. (Attachments: # 1 Proposed Pleading;, # 2 Statement of Undisputed Facts, # 3 Exhibit List, # 4 Exhibit, # 5 Exhibit List, # 6 Exhibit)(Hahn, Ellen) (Attachment 4 replaced on 3/10/2011) (PJH). Modified on 3/14/2011 (PJH). (Entered: 03/09/2011)

PACER
37 March 14, 2011

ORDER granting 36 MOTION for Leave to File Memorandum in Opposition to dfts motion for SJ that exceed the page limit filed by Rickii Ainey, Kenneth Roman, Denise Hodges, Helen Pitts. Signed by Judge James J. Brady on 03/14/11. (PAH) (Entered: 03/14/2011)

PACER
38 March 14, 2011

MEMORANDUM in Opposition to 11 MOTION for Summary Judgment filed by All Plaintiffs. (Attachments: # 1 Statement of Undisputed Facts, # 2 Exhibit List, # 3 Exhibit, # 4 Exhibit List, # 5 Exhibit)(PAH) (Entered: 03/14/2011)

PACER
39 March 30, 2011

REPLY to Response to 11 MOTION for Summary Judgment, 38 Memorandum in Opposition to Motion filed by All Defendants. (Attachments: # 1 Statement of Undisputed Facts, # 2 Affidavit Second Declaration of Hugh R. Eley, # 3 Attachment Attachments A−H to Second Declaration of Hugh R. Eley)(Berns, Matthew) (Entered: 03/30/2011)

PACER
40 March 31, 2011

MOTION for Oral Argument on 11 MOTION for Summary Judgment by All Plaintiffs. (Attachments: # 1 Proposed order)(Hahn, Ellen) (Entered: 03/31/2011)

PACER
41 March 31, 2011

ORDER granting 40 Motion for Oral Argument as to 11 MOTION for Summary Judgment. Oral Argument set for 4/20/2011 at 10:00 AM before Judge James J. Brady. Signed by Judge James J. Brady on 3/31/11. (BP) (Entered: 03/31/2011)

PACER
42 April 7, 2011

Brief regarding Statement of Interest of the United States of America filed by United States of America. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Nelson, James) (Entered: 04/07/2011)

PACER
43 April 8, 2011

MOTION for Regan Rush &Amanda Maisels to Appear Pro Hac Vice by United States of America. (Attachments: # 1 Attachment Declaration of Regan Rush &Amanda Maisels, # 2 Proposed Pleading; Order)(Nelson, James) (Entered: 04/08/2011)

PACER
44 April 8, 2011

ORDER granting 43 Motion for Regan Rush and Amanda Maisels to Appear Pro Hac Vice for the Untied States of America. Signed by Magistrate Judge Stephen C. Riedlinger on 4/8/2011. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (Riedlinger, Stephen) (Entered: 04/08/2011)

PACER
45 April 8, 2011

ORDER granting USA leave to file its statement of interest, to participate in oral argument on the the motion for SJ and to admit counsel pro hac vice. Signed by Judge James J. Brady on 04/08/11. (PAH) (Entered: 04/08/2011)

PACER
46 April 13, 2011

Unopposed MOTION for Leave to File Response to the Statement of Interest of the United States by All Defendants. (Attachments: # 1 Proposed Pleading; Defendants' Response to the Statement of Interest of the United States, # 2 Attachment Proposed Order)(Berns, Matthew) (Entered: 04/13/2011)

PACER
47 April 15, 2011

ORDER granting 46 Unopposed MOTION for Leave to File Response to the Statement of Interest of the United States filed by Bruce Greenstein, Louisiana Department of Health and Hospitals. Signed by Judge James J. Brady on 04/15/2011. (NLT) (Entered: 04/15/2011)

PACER
48 April 15, 2011

RESPONSE to 42 Statement of Interest filed by Bruce Greenstein, Louisiana Department of Health and Hospitals. (NLT) (Entered: 04/15/2011)

PACER
50 April 19, 2011

ORDER granting 49 MOTION for Leave to File Supplemental Statement of Disputed Issues of Fact with the Second Declaration of Jeanne Abadie, the Second Declaration of John Ford, the Declaration of Elizabeth Foster Zeno, and the Second Declaration of Kenneth Roman filed by Rickii Ainey, Kenneth Roman, Denise Hodges, Helen Pitts. Signed by Judge James J. Brady on 4/19/2011. (PJH) Modified on 4/19/2011 to edit text (PJH). (Entered: 04/19/2011)

PACER
51 April 19, 2011

Plaintiffs' Supplemental Statement of Facts filed by All Plaintiffs. (Attachments: # 1 supplemental exhibit)(PJH) (Entered: 04/19/2011)

PACER
52 April 19, 2011

MOTION to Remove Helen Pitts and Denise Hodges as Class Plaintiffs and to Dismiss All Pending Claims as They Relate to Plaintiffs Pitts and Hodges and Incorporated Memorandum in Support Thereof by All Defendants. (Attachments: # 1 Attachment Proposed Order)(Berns, Matthew) Modified on 4/20/2011 to edit text. (CMM) (Entered: 04/19/2011)

PACER
53 April 20, 2011

Minute Entry for proceedings held before Judge James J. Brady: Motion Hearing held on 4/20/2011 re 11 MOTION for Summary Judgment filed by Bruce Greenstein, Louisiana Department of Health and Hospitals. The parties present argument. The Court takes this matter under advisement and will issue a ruling shortly. (Court Reporter S. Thompson.) (PAH) (Entered: 04/20/2011)

PACER
54 May 18, 2011

RULING denying 11 Motion for Summary Judgment. Signed by Judge James J. Brady on 05/16/11. (PAH)

RECAP
55 June 1, 2011

MOTION to Intervene by All Plaintiffs. (Attachments: # 1 Proposed Pleading;, # 2 Proposed Order)(Hahn, Ellen) (Entered: 06/01/2011)

PACER
June 1, 2011

MOTION(S) REFERRED: 55 MOTION to Intervene. This motion is now pending before the USMJ. (LSM) (Entered: 06/01/2011)

PACER
June 1, 2011

Motions No Longer Referred: 55 MOTION to Intervene. This motion is now pending before the USDJ....Per Judge Riedlinger (LSM) (Entered: 06/03/2011)

PACER
56 June 2, 2011

MOTION for Extension of Time to File Answer to 1 Complaint, 55 MOTION to Intervene by All Defendants. (Berns, Matthew) (Entered: 06/02/2011)

PACER
June 2, 2011

MOTION(S) REFERRED: 56 MOTION for Extension of Time to File Answer to 1 Complaint, 55 MOTION to Intervene. This motion is now pending before the USMJ. (JDL) (Entered: 06/03/2011)

PACER
57 June 6, 2011

ORDER granting 56 Motion for Extension of Time to Answer 1 Complaint and 55 MOTION to Intervene. Bruce Greenstein and Louisiana Department of Health and Hospitals answer due 7/6/2011. Signed by Magistrate Judge Stephen C. Riedlinger on 6/3/2011. (JDL) (Entered: 06/06/2011)

PACER
58 June 6, 2011

RULING granting 30 Motion to Certify Class. In addition, the court adopts the class definition stated on pages five and six of this Ruling. Signed by Judge James J. Brady on 06/06/2011. (NLT)

RECAP
59 June 7, 2011

RULING: The Court hereby GRANTS Defendants' Motion (doc. 52) to Remove Helen Pitts and Denise Hodges as Class Plaintiffs and to Dismiss All Pending Claims as they Relate to Plaintiffs Pitts and Hodges. Signed by Judge James J. Brady on 06/07/2011. (NLT) (Entered: 06/07/2011)

PACER
60 June 7, 2011

MOTION and Incorporated Memorandum to Shorten Time for Defendants' Responses to Discovery by All Plaintiffs. (Attachments: # 1 Attachment, # 2 Attachment, # 3 Proposed Order)(Hahn, Ellen) Modified on 6/8/2011 to edit text. (CMM) (Entered: 06/07/2011)

PACER
June 7, 2011

MOTION(S) REFERRED: 60 MOTION and Incorporated Memorandum to Shorten Time for Defendants' Responses to Discovery. This motion is now pending before the USMJ. (CMM) (Entered: 06/08/2011)

PACER
62 June 24, 2011

Minute Entry/ORDER for proceedings held before Magistrate Judge Stephen C. Riedlinger: Telephone Status Conference held on 6/24/2011. Counsel for defts do not oppose pltfs motion to file complaint in intervention. Therefore, IT IS ORDERED that 55 MOTION to Intervene is granted. Discovery was discussed. IT IS ORDERED that 60 Pltfs MOTION to Shorten Time for Defendants' Responses to Discovery is withdrawn. Entry of a scheduling order is deferred. IT IS ORDERED that this case is assigned for a Telephone Conference set for 7/14/2011 at 3:00 PM before Magistrate Judge Stephen C. Riedlinger. (JDL) (Entered: 06/27/2011)

PACER
63 June 27, 2011

COMPLAINT in Intervention, filed by Rickii Ainey, Kenneth Roman, Elizabeth Foster.(JDL) (Entered: 06/27/2011)

PACER
64 June 27, 2011

Unopposed MOTION for Protective Order by All Plaintiffs. (Attachments: # 1 Proposed order)(Hahn, Ellen) (Entered: 06/27/2011)

PACER
June 27, 2011

MOTION(S) REFERRED: 64 Unopposed MOTION for Protective Order. This motion is now pending before the USMJ. (JDL) (Entered: 06/28/2011)

PACER
65 June 30, 2011

Unopposed MOTION for Extension of Time to File Answer to 63 Intervenor Complaint by All Defendants. (Berns, Matthew) (Entered: 06/30/2011)

PACER
66 June 30, 2011

ORDER granting 64 Motion for Protective Order. Signed by Magistrate Judge Stephen C. Riedlinger on 6/29/2011. (LSM) (Entered: 06/30/2011)

PACER
67 June 30, 2011

ORDER granting 65 Motion for Extension of Time to Answer 63 Intervenor Complaint. Bruce Greenstein and Louisiana Department of Health and Hospitals answer due 7/27/2011. Signed by Magistrate Judge Stephen C. Riedlinger on 6/30/2011. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (Riedlinger, Stephen) (Entered: 06/30/2011)

PACER
68 July 13, 2011

Joint Motion to Postpone Scheduling Conference by All Parties. (Attachments: # 1 Proposed order)(Hahn, Ellen) Modified on 7/14/2011 to edit text. (CMM) (Entered: 07/13/2011)

PACER
July 13, 2011

MOTION(S) REFERRED: 68 MOTION to Continue Scheduling conference. This motion is now pending before the USMJ. (CMM) (Entered: 07/14/2011)

PACER
July 13, 2011

Motions No Longer Referred: 68 MOTION to Continue Scheduling conference. This motion is now pending before the USDJ. (CMM) (Entered: 07/15/2011)

PACER
69 July 15, 2011

ORDER granting 68 Motion to Continue Scheduling Conference. The telephone scheduling conference set for 07/14/2011 is continued to 07/28/2011 at 3:00 p.m. (Central time). Signed by Magistrate Judge Stephen C. Riedlinger on 07/15/2011. (NLT) (Entered: 07/15/2011)

PACER
July 15, 2011

MOTION(S) REFERRED: 68 MOTION to Continue Scheduling conference. This motion is now pending before the USMJ as per SCR. (CMM) (Entered: 07/15/2011)

PACER
July 15, 2011

Set/Reset Deadlines/Hearings: (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry) Telephone Conference set for 7/28/2011 at 03:00 PM before Magistrate Judge Stephen C. Riedlinger. (NLT) (Entered: 07/18/2011)

PACER
70 July 27, 2011

ANSWER to 63 Intervenor Complaint by Bruce Greenstein, Louisiana Department of Health and Hospitals.(Berns, Matthew) (Entered: 07/27/2011)

PACER
71 July 28, 2011

Minute Entry/Scheduling Order and Order Setting Status Conference for proceedings held before Magistrate Judge Stephen C. Riedlinger: Scheduling Conference held on 7/28/2011. All fact discovery shall be completed and motions to compel fact discovery shall be filed by 11/30/2011. Expert Witness List due by 1/31/2012 for the pltf and dft. Expert Reports due by 1/31/2012 for the pltf and dft. Discovery from Experts due by 2/29/2012. Dispositive motions shall be filed by 3/30/2012. Telephone Status Conference set for 11/17/2011 at 03:00 PM before Magistrate Judge Stephen C. Riedlinger. (CMM) (Entered: 07/29/2011)

PACER
72 Aug. 2, 2011

TRANSCRIPT REQUEST by Bruce Greenstein, Louisiana Department of Health and Hospitals for proceedings held on April 20, 2011 before Judge Brady.. (Berns, Matthew) (Entered: 08/02/2011)

PACER
73 Sept. 27, 2011

MOTION for Leave to File Motion for Leave to File Memorandum Exceeding Page Limit by All Plaintiffs. (Attachments: # 1 Proposed Pleading; Motion for Preliminary Injunction, # 2 Proposed Pleading; Memorandum in Support, # 3 Exhibit, # 4 Exhibit List, # 5 Proposed Preliminary Injunction)(Hahn, Ellen) (Entered: 09/27/2011)

PACER
74 Sept. 28, 2011

ORDER granting 73 MOTION for Leave to File Memorandum Exceeding Page Limit filed by Rickii Ainey, Kenneth Roman, Denise Hodges, Helen Pitts. Signed by Judge James J. Brady on 9/28/2011. (CMM) (Entered: 09/28/2011)

PACER
75 Sept. 28, 2011

Motion for Preliminary Injunction filed by Rickii Ainey. (CMM) Modified on 9/28/2011 to edit text. (CMM) (Main Document 75 replaced on 9/29/2011) (CMM). Modified on 9/29/2011 to edit text. (CMM) (Entered: 09/28/2011)

PACER
76 Sept. 30, 2011

NOTICE to Parties on 75 MOTION for Preliminary Injunction: Opposition(s) to the motion shall be filed on or before 10/20/2011. Any reply shall be filed within 15 days of the filing of the opposition. Signed by Judge James J. Brady on 9/28/2011. (JDL) (Entered: 09/30/2011)

PACER
77 Oct. 12, 2011

Consent MOTION for Extension of Time to File Response to 75 MOTION for Preliminary Injunction by All Defendants. (Berns, Matthew) (Entered: 10/12/2011)

PACER
78 Oct. 13, 2011

ORDER granting 77 Motion for Extension of Time to File Response to 75 MOTION for Preliminary Injunction. Oppositions shall be due on 10/28/2011. Replies due by 11/14/2011.. Signed by Judge James J. Brady on 10/13/2011. (LSM) (Entered: 10/13/2011)

PACER
79 Oct. 26, 2011

Ex Parte MOTION for Philip Peisch to Appear Pro Hac Vice (Filing fee $40.00, Receipt Number 053N−738602) by All Defendants. (Attachments: # 1 Attachment Certificate of Good Standing, # 2 Affidavit Declaration, # 3 Attachment Proposed Order)(Elliott, Neal) (Entered: 10/26/2011)

PACER
80 Oct. 27, 2011

ORDER granting 79 Motion for Philip Peisch to Appear Pro Hac Vice for all defendants. Signed by Magistrate Judge Stephen C. Riedlinger on 10/27/2011. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (Riedlinger, Stephen) (Entered: 10/27/2011)

PACER
81 Oct. 28, 2011

RESPONSE in Opposition to 75 MOTION for Preliminary Injunction filed by All Defendants. (Attachments: # 1 Affidavit Third Declaration of Hugh R. Eley, # 2 Attachment Attachments A−H to Third Declaration of Hugh R. Eley)(Berns, Matthew) (Entered: 10/28/2011)

PACER
82 Nov. 14, 2011

Joint MOTION for Extension of Discovery Deadlines by All Defendants. (Peisch, Philip) (Entered: 11/14/2011)

PACER
83 Nov. 14, 2011

MOTION for Leave to File Reply Memorandum Exceeding Page Limit by All Plaintiffs. (Attachments: # 1 Proposed Pleading; Reply to Response in Opposition to Motion for Preliminary Injunction, # 2 Exhibit List, # 3 Exhibit 19−44)(Hahn, Ellen) (Entered: 11/14/2011)

PACER
84 Nov. 15, 2011

ORDER granting 83 MOTION for Leave to File Reply Memorandum Exceeding Page Limit filed by Rickii Ainey, Kenneth Roman, Denise Hodges, Helen Pitts. Signed by Judge James J. Brady on 11/15/11. (DCB) (Entered: 11/15/2011)

PACER
85 Nov. 15, 2011

REPLY to 81 Response in Opposition to 75 MOTION for Preliminary Injunction filed by Rickii Ainey, Kenneth Roman. (DCB) (Entered: 11/15/2011)

PACER
86 Nov. 15, 2011

AMENDED SCHEDULING ORDER granting 82 Motion to Extend Discovery Deadlines. All fact discovery and motions to compel discovery due by 2/17/2012. Expert Witness List due by 4/19/2012. Expert Reports due by 4/19/2012. Discovery from Experts due by 5/18/2012. Dispositive motions shall be filed by 6/18/2012.. Signed by Magistrate Judge Stephen C. Riedlinger on 11/15/2011.

PACER
88 Nov. 18, 2011

Status Conference Report/Order Setting Status Conference/Minute Entry for proceedings held before Magistrate Judge Stephen C. Riedlinger: Telephone Status Conference held on 11/18/2011. Telephone Status Conference set for 2/1/2012 at 09:30 AM before Magistrate Judge Stephen C. Riedlinger. (LSM) (Entered: 11/18/2011)

PACER
89 Nov. 22, 2011

ORDER: IT IS HEREBY ORDERED that oral argument on Plaintiffs 75 Motion for Preliminary Injunction is hereby set for the 30th of November, 2011, at 11:00 a.m. in Courtroom One before Judge James J. Brady.. Signed by Judge James J. Brady on 11/30/2011. (CMM) (Entered: 11/22/2011)

PACER
90 Nov. 30, 2011

Minute Entry for proceedings held before Judge James J. Brady: Motion Hearing held on 11/30/2011 re 75 MOTION for Preliminary Injunction filed by Rickii Ainey. Parties present argument. The court takes this matter under advisement and will issue a ruling shortly. (Court Reporter J. Francisco.) (SWE) (Entered: 12/01/2011)

PACER
91 Dec. 2, 2011

ORDER: IT IS ORDERED that a conference be held on for Tuesday, December 6, 2011, at1:30 p.m. in chambers to resolve some of the issues in this matter.. Signed by Judge James J. Brady on 12/2/2011. (CMM) (Entered: 12/02/2011)

PACER
92 Dec. 6, 2011

Notice to Counsel/Minute Entry for proceedings held before Judge James J. Brady: Status Conference held on 12/6/2011. Status Conference set for 12/19/2011 at 01:30 PM in chambers before Judge James J. Brady. (LSM) (Entered: 12/08/2011)

PACER

Case Details

State / Territory:

Louisiana

Case Type(s):

Public Benefits/Government Services

Healthcare Access and Reproductive Issues

Special Collection(s):

Multi-LexSum (in sample)

Olmstead Cases

Key Dates

Filing Date: Sept. 22, 2010

Closing Date: Jan. 29, 2013

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiffs are individuals with (mostly physical) disabilities who live alone and require Medicaid-funded personal care services (at least 40 hours of in-home nursing care) to assist them in daily activities.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

NDRN/Protection & Advocacy Organizations

Steve Gold

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

State

Louisiana Department of Health and Hospitals

Defendant Type(s):

Hospital/Health Department

Jurisdiction-wide

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

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

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

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

Constitutional Clause(s):

Due Process

Other Dockets:

Middle District of Louisiana 3:10-cv-00635

Available Documents:

Any published opinion

Complaint (any)

Injunctive (or Injunctive-like) Relief

Monetary Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Attorneys fees

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Reasonable Accommodation

Order Duration: 2012 - 2012

Issues

General/Misc.:

Funding

Individualized planning

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

Wait lists

Benefits (Source):

Medicaid

Disability and Disability Rights:

Disability, unspecified

Integrated setting

Least restrictive environment

Mobility impairment

Discrimination Basis:

Disability (inc. reasonable accommodations)

Affected Sex/Gender(s):

Female

Male

Jails, Prisons, Detention Centers, and Other Institutions:

Deinstitutionalization/decarceration

Habilitation (training/treatment)

Medical/Mental Health Care:

Medical care, general

Medical care, unspecified

Medication, administration of

Recommended Citation