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)

Riedlinger, Stephen C. (Louisiana)

Attorneys(s) for Plaintiff

Gold, Stephen F. (Pennsylvania)

Hahn, Ellen Bentley (Louisiana)

Vignery, Bruce (District of Columbia)

Zeller, Kenneth Wayne (District of Columbia)

Attorneys(s) for Defendant

Berns, Matthew (District of Columbia)

Brown, Caroline M. (District of Columbia)

Coleman, Michael J. (Louisiana)

Daspit, Charles E. (Louisiana)

Judge(s)

Brady, James J. (Louisiana)

Riedlinger, Stephen C. (Louisiana)

Attorneys(s) for Plaintiff

Gold, Stephen F. (Pennsylvania)

Hahn, Ellen Bentley (Louisiana)

Vignery, Bruce (District of Columbia)

Zeller, Kenneth Wayne (District of Columbia)

Attorneys(s) for Defendant

Berns, Matthew (District of Columbia)

Brown, Caroline M. (District of Columbia)

Coleman, Michael J. (Louisiana)

Daspit, Charles E. (Louisiana)

Elliott, Neal Risley Jr. (Louisiana)

Humbles, Kimberly L. (Louisiana)

Russo, Stephen Robert (Louisiana)

Other Attorney(s)

Bagenstos, Samuel R. (District of Columbia)

Barkoff, Alison (District of Columbia)

Maisels, Amanda (District of Columbia)

Nelson, James L. (Louisiana)

Peisch, Philip (District of Columbia)

Perez, Thomas E. (District of Columbia)

Rush, Regan (District of Columbia)

Wodatch, John L. (District of Columbia)

Wohlenhaus, Renee M. (District of Columbia)

Wolfe, Kathleen P. (District of Columbia)

Documents in the Clearinghouse

Document

Docket

Jan. 9, 2013 Docket
1

Complaint

Sept. 22, 2010 Complaint
17

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

Nov. 11, 2010 Pleading / Motion / Brief
30-1

Memorandum in Support of Plaintiffs' Motion for Class Certification

Dec. 20, 2010 Pleading / Motion / Brief
30-2

Order

Dec. 20, 2010 Order/Opinion
30

Plaintiffs' Motion for Class Certification

Dec. 20, 2010 Pleading / Motion / Brief
32

Defendants' Memorandum in Opposition to Class Certification

Jan. 10, 2011 Pleading / Motion / Brief
33

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

Jan. 25, 2011 Pleading / Motion / Brief
38-1

Plaintiffs' Separate Statement of Disputed Issues of Fact

March 9, 2011 Discovery Material/FOIA Release
38

Plaintiffs' Memorandum in Opposition to Motion for Summary Judgment

March 9, 2011 Pleading / Motion / Brief

Resources

Title Description External URL

AARP Attorneys Fight Medicaid Home Care Cuts in Louisiana

Ken Zeller

This article gives background on the case as well as a section explaining what exactly is at stake. March 14, 2011 https://www.aarp.org/money/low-income-assistance/info-03-2011/pitts_v_greenstein.html

Docket

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

Last updated May 20, 2022, 3 a.m.

ECF Number Description Date Link
1

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)

Sept. 22, 2010
54

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

May 18, 2011 RECAP
2

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)

Sept. 22, 2010
58

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)

June 6, 2011 RECAP

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)

Sept. 23, 2010
3

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)

Sept. 27, 2010
4

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

Sept. 27, 2010
5

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

Sept. 27, 2010
6

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)

Sept. 27, 2010
7

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)

Sept. 27, 2010
8

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)

Sept. 29, 2010
10

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)

Oct. 6, 2010
11

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)

Oct. 21, 2010
12

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)

Oct. 21, 2010
13

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)

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)

Oct. 21, 2010
14

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)

Oct. 22, 2010
15

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)

Oct. 22, 2010
16

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)

Oct. 25, 2010
17

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

Nov. 10, 2010
18

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)

Nov. 16, 2010
19

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)

Nov. 16, 2010
20

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)

Nov. 16, 2010
21

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)

Nov. 16, 2010
22

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)

Nov. 19, 2010

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

Nov. 22, 2010
24

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

Dec. 2, 2010
25

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)

Dec. 3, 2010

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

Dec. 3, 2010
26

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)

Dec. 7, 2010
27

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)

Dec. 8, 2010

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

Dec. 8, 2010
28

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

Dec. 15, 2010
29

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)

Dec. 15, 2010
30

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

Dec. 20, 2010
31

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)

Jan. 3, 2011
32

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

Jan. 10, 2011
33

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)

Jan. 25, 2011
35

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)

Jan. 28, 2011
36

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)

March 9, 2011
37

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)

March 14, 2011
38

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)

March 14, 2011
39

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)

March 30, 2011
40

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

March 31, 2011
41

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)

March 31, 2011
42

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)

April 7, 2011
43

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)

April 8, 2011
44

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)

April 8, 2011
45

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)

April 8, 2011
46

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)

April 13, 2011
47

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)

April 15, 2011
48

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

April 15, 2011
50

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)

April 19, 2011
51

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

April 19, 2011
52

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)

April 19, 2011
53

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)

April 20, 2011
55

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

June 1, 2011

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

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)

June 1, 2011
56

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

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)

June 2, 2011
57

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)

June 6, 2011
59

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)

June 7, 2011
60

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)

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)

June 7, 2011
62

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)

June 24, 2011
63

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

June 27, 2011
64

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

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)

June 27, 2011
65

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

June 30, 2011
66

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

June 30, 2011
67

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)

June 30, 2011
68

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)

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)

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)

July 13, 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)

July 15, 2011
69

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)

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)

July 15, 2011
70

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

July 27, 2011
71

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)

July 28, 2011
72

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)

Aug. 2, 2011
73

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)

Sept. 27, 2011
74

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)

Sept. 28, 2011
75

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)

Sept. 28, 2011
76

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)

Sept. 30, 2011
77

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

Oct. 12, 2011
78

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)

Oct. 13, 2011
79

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)

Oct. 26, 2011
80

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)

Oct. 27, 2011
81

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)

Oct. 28, 2011
82

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

Nov. 14, 2011
83

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)

Nov. 14, 2011
84

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)

Nov. 15, 2011
85

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

Nov. 15, 2011
86

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.

Nov. 15, 2011
88

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)

Nov. 18, 2011
89

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)

Nov. 22, 2011
90

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)

Nov. 30, 2011
91

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)

Dec. 2, 2011
92

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)

Dec. 6, 2011

State / Territory: Louisiana

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

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

Louisiana Department of Health and Hospitals, State

Defendant Type(s):

Hospital/Health Department

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)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 2012 - 2012

Content of Injunction:

Reasonable Accommodation

Issues

General:

Deinstitutionalization/decarceration

Funding

Habilitation (training/treatment)

Individualized planning

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

Wait lists

Discrimination-basis:

Disability (inc. reasonable accommodations)

Affected Gender:

Female

Male

Disability:

disability, unspecified

Integrated setting

Least restrictive environment

Mobility impairment

Medical/Mental Health:

Medical care, general

Medical care, unspecified

Medication, administration of

Type of Facility:

Government-run

Benefit Source:

Medicaid