Case: Hampe v. Hamos

1:10-cv-03121 | U.S. District Court for the Northern District of Illinois

Filed Date: May 20, 2010

Closed Date: Oct. 3, 2016

Clearinghouse coding complete

Case Summary

Several young adults who were considered medically fragile (having severe disabilities and relying on technology for survival) filed this class action lawsuit in the U.S. District Court for the Northern District of Illinois on May 20, 2010. The named plaintiffs were each 20 years old and were able to live in the community because they received care through a Medicaid waiver for medically fragile or technology dependent (MF/TD) individuals with disabilities. This waiver program was only availa…

Several young adults who were considered medically fragile (having severe disabilities and relying on technology for survival) filed this class action lawsuit in the U.S. District Court for the Northern District of Illinois on May 20, 2010. The named plaintiffs were each 20 years old and were able to live in the community because they received care through a Medicaid waiver for medically fragile or technology dependent (MF/TD) individuals with disabilities. This waiver program was only available to those who were 21 or younger. Upon the 21st birthday of the recipient, the State had a policy of drastically reducing the services available to the recipient (an approximately 50% reduction) because of a change in funding source. Plaintiffs brought their complaint against the Illinois Department of Healthcare and Family Services (DHFS), alleging that the named policy violated the Americans with Disabilities Act (under the 1999 Supreme Court precedent, Olmstead v. L.C.) and Section 504 of the Rehabilitation Act. Plaintiffs, represented by a private disability advocacy firm, sought declaratory and injunctive relief.

The Plaintiffs moved for class certification on June 2, 2010. The U.S. Department of Justice filed a brief supporting this motion on July 16, 2010, and the court (Judge Ruben Castillo) certified the class on November 22, 2010, defining the class as all persons who are, were, or will be enrolled in Illinois' MF/TD program and are subjected to reduced Medicaid funding upon turning 21. Discovery proceeded. While waiting for potential class-wide relief to be granted, individual plaintiffs moved for and were granted injunctions preventing the reduction of their services at their 21st birthdays.

In May 2012, Judge Castillo ordered the parties to submit a proposed consent decree to the court. When the parties were unable to come to a settlement agreement, on August 21, 2012, he ordered the parties to submit motions for summary judgment.

In an order on January 8, 2013, Judge Castillo denied both parties' summary judgment motions, finding that issues of fact existed as to 1) whether the plaintiffs were qualified individuals with disabilities within the meaning of the ADA; and 2) whether the plaintiffs' requested accommodation was reasonable. 917 F.Supp.2d 805.

In May 2013, the parties again met to negotiate a settlement agreement. On May 16, they came to a settlement regarding all issues. Finding the agreement fair and reasonable, Judge Castillo entered a Consent Decree on October 3, 2013. The Consent Decree established that a class member's need, level, and amount of services should be based upon medical need, not age. Each class member would have a service plan based on a holistic assessment of their needs and resources. The Decree also required any changes in service plans or case management to be discussed with families and patients. It also outlined when and how often class members must be assessed. It was to remain in effect until October 3, 2016.

Finally, the Decree awarded attorneys' fees and litigation costs to the plaintiffs in the amount of $525,000. On August 26, 2015, the court awarded additional attorneys' fees to the plaintiffs. Following September 2015, there was no further action on the docket, indicating the Consent Decree was completed without issue. The case now appears closed.

Summary Authors

Beth Kurtz (4/13/2013)

Lauren Latterell Powell (10/27/2017)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5529335/parties/hampe-v-hamos/


Judge(s)

Castillo, Rubén (Illinois)

Attorney for Plaintiff

Cahill, Mary Denise (Illinois)

Attorney for Defendant
Expert/Monitor/Master/Other

Bagenstos, Samuel R. (District of Columbia)

Breen, Philip L. (District of Columbia)

Chicago, AUSA - (Illinois)

Documents in the Clearinghouse

Documents in this case

1:10-cv-03121

Docket [PACER]

Sept. 25, 2015

Sept. 25, 2015

Docket
12

1:10-cv-03121

Plaintiffs Motion for Class Certification

June 2, 2010

June 2, 2010

Pleading / Motion / Brief
13

1:10-cv-03121

Plaintiff's Memorandum of Law in Support of Class Certification

June 2, 2010

June 2, 2010

Pleading / Motion / Brief
26

1:10-cv-03121

Statement of Interest of the United States of America

July 16, 2010

July 16, 2010

Statement of Interest (DOJ)
41

1:10-cv-03121

Second Amended Complaint for Declaratory and Injunctive Relief

Aug. 11, 2010

Aug. 11, 2010

Complaint
63

1:10-cv-03121

Defendant Hamos' Motion to Dismiss Certain Plaintiffs as Misjoined Parties Pursuant to Fed. Rules Civ. P. 21 and 20(a)(1) and Proposed Order

Nov. 18, 2010

Nov. 18, 2010

Pleading / Motion / Brief
64

1:10-cv-03121

DEFENDANT HAMOS’ COMBINED MEMORANDUM OF LAW IN RESPONSE TO PLAINTIFF’S MOTION TO FILE A FOURTH AMENDED COMPLAINT INSTANTER AND IN SUPPORT OF HER MOTION TO DISMISS CERTAIN PLAINTIFFS AS MISJOINDED PARTIES

Nov. 18, 2010

Nov. 18, 2010

Pleading / Motion / Brief
75

1:10-cv-03121

Memorandum Opinion and Order Granting Class Certification

Nov. 22, 2010

Nov. 22, 2010

Order/Opinion
171

1:10-cv-03121

Plaintiffs' Motion for Summary Judgment

Hempe v. Hamos

Aug. 23, 2012

Aug. 23, 2012

Pleading / Motion / Brief
176

1:10-cv-03121

Plaintiffs' Memorandum of Law in Support of Plaintiffs Motion for Summary Judgment Pursuant to Local Rule 56.1(a)(2)

Aug. 23, 2012

Aug. 23, 2012

Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5529335/hampe-v-hamos/

Last updated June 26, 2026, 5:26 a.m.

Docket for: Hampe v. Hamos
ECF Number Date Description Link
1 May 20, 2010

COMPLAINT filed by William R Hampe; Filing fee $ 350, receipt number 0752-4835513.(Farley, Robert) (Entered: 05/20/2010)

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2 May 20, 2010

CIVIL Cover Sheet (Farley, Robert) (Entered: 05/20/2010)

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3 May 20, 2010

ATTORNEY Appearance for Plaintiff William R Hampe by Robert Hugh Farley, Jr (Farley, Robert) (Entered: 05/20/2010)

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May 20, 2010

CASE ASSIGNED to the Honorable William J. Hibbler. Designated as Magistrate Judge the Honorable Arlander Keys. (lcw, )

May 20, 2010

SUMMONS Issued as to Defendant Julie Hamos (emd, )

4 May 23, 2010

MOTION by Plaintiff William R Hampe for temporary restraining order and preliminary injunction (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Farley, Robert) (Entered: 05/23/2010)

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5 May 23, 2010

MEMORANDUM by William R Hampe in support of motion for temporary restraining order 4 and preliminary injunction (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H)(Farley, Robert) (Entered: 05/23/2010)

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6 May 23, 2010

Plaintiff's NOTICE of Motion by Robert Hugh Farley, Jr for presentment of motion for temporary restraining order 4 before Honorable William J. Hibbler on 6/1/2010 at 09:30 AM. (Farley, Robert) (Entered: 05/23/2010)

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7 May 24, 2010

SUMMONS Returned Executed by William R Hampe as to Julie Hamos on 5/24/2010, answer due 6/14/2010. (Farley, Robert) (Entered: 05/24/2010)

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8 May 27, 2010

ATTORNEY Appearance for Defendant Julie Hamos by Karen Elaine Konieczny (Konieczny, Karen) (Entered: 05/27/2010)

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9 May 27, 2010

ATTORNEY Appearance for Defendant Julie Hamos by John E. Huston (Huston, John) (Entered: 05/27/2010)

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10 May 28, 2010

MINUTE entry before Honorable William J. Hibbler: Enter Agreed Order granting plaintiff's motion for temporary restraining order # 4 . The order shall remain in effect until further order of Court. Status hearing to set scheduling order set for 8/3/2010 at 9:30 a.m. Parties to submit joint proposed discovery schedule to the Court by 8/2/2010. [For further details see separate order(s).] Mailed notice (ber, ) (Entered: 06/02/2010)

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11 May 28, 2010

AGREED ORDER Signed by the Honorable William J. Hibbler on 5/28/2010. (ber, ) (Entered: 06/02/2010)

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12 June 2, 2010

MOTION by Plaintiff William R Hampe to certify class (Attachments: # 1 Exhibit A)(Farley, Robert) (Entered: 06/02/2010)

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13 June 2, 2010

MEMORANDUM by William R Hampe in support of motion to certify class 12 (Farley, Robert) (Entered: 06/02/2010)

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14 June 2, 2010

Plaintiff's NOTICE of Motion by Robert Hugh Farley, Jr for presentment of motion to certify class 12 before Honorable William J. Hibbler on 6/8/2010 at 09:30 AM. (Farley, Robert) (Entered: 06/02/2010)

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15 June 8, 2010

MINUTE entry before Honorable William J. Hibbler: Motion hearing held on 6/8/2010. Plaintiffs' Motion for class certification 12 is entered. Defendant to respond to the motion by 7/6/2010. Plaintiffs to reply by 7/16/2010. Ruling will be by mail unless otherwise notified. Status hearing set for 8/3/2010 is stricken and reset to 7/28/2010 at 9:30 A.M. Joint discovery schedule date is reset to 7/26/2010. Mailed notice by judge's staff. (srb,) (Entered: 06/08/2010)

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16 June 14, 2010

Affirmative Defenses and ANSWER to Complaint with Certificate of Service by Julie Hamos(Huston, John) (Entered: 06/14/2010)

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17 July 6, 2010

RESPONSE by Julie Hamosin Opposition to MOTION by Plaintiff William R Hampe to certify class 12 with Certificate of Service (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Konieczny, Karen) (Entered: 07/06/2010)

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18 July 11, 2010

MOTION by Plaintiff William R Hampe to amend/correct Leave To File An Amended Complaint Instanter (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Farley, Robert) (Entered: 07/11/2010)

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19 July 11, 2010

MOTION by Plaintiff William R Hampe for extension of time to file Reply to Defendant's Response to Class Certification (Farley, Robert) (Entered: 07/11/2010)

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20 July 11, 2010

Plaintiff's NOTICE of Motion by Robert Hugh Farley, Jr for presentment of extension of time 19, motion to amend/correct 18 before Honorable William J. Hibbler on 7/15/2010 at 09:30 AM. (Farley, Robert) (Entered: 07/11/2010)

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21 July 15, 2010

Plaintiffs AMENDED complaint by William R Hampe against Julie Hamos (Farley, Robert) (Entered: 07/15/2010)

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22 July 15, 2010

MINUTE entry before Honorable William J. Hibbler: Motion hearing held on 7/15/2010. Plaintiff's unopposed motion for extension of time to file reply 19 is granted. Plaintiff to file reply to motion for class certification by 7/23/2010. Plaintiff's Motion for leave to file an amended complaint 18 is granted as stated in open court. Defendant to answer or otherwise plead to amended complaint by 8/3/2010. Status hearing set for 7/28/2010 is stricken and reset to 8/24/2010 at 9:30 A.M. Discovery is held in abeyance. Mailed notice by judge's staff. (srb,) (Entered: 07/15/2010)

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23 July 16, 2010

MOTION by Plaintiff Richard L. Winfrey, III for temporary restraining order and preliminary injunction (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Farley, Robert) (Entered: 07/16/2010)

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24 July 16, 2010

MEMORANDUM by Richard L. Winfrey, III in support of motion for temporary restraining order 23 and preliminary injunction (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H)(Farley, Robert) (Entered: 07/16/2010)

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25 July 16, 2010

Plaintiff Winfrey's NOTICE of Motion by Robert Hugh Farley, Jr for presentment of motion for temporary restraining order 23 before Honorable William J. Hibbler on 7/22/2010 at 09:30 AM. (Farley, Robert) (Entered: 07/16/2010)

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26 July 16, 2010

statement of interest STATEMENT by The United States of America (Johnson, Patrick) (Entered: 07/16/2010)

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27 July 16, 2010

REPLY by William R Hampe to response in opposition to motion 17 for class certification (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Farley, Robert) (Entered: 07/16/2010)

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32 July 23, 2010

MINUTE entry before Honorable William J. Hibbler: Enter Agreed Order granting plaintiff Richard L. Winfrey, III's motion for temporary restraining order # 23 . The order shall remain in effect until further order of the Court. Status hearing date of 8/3/2010 at 9:30 a.m. to set scheduling order to stand. Joint discovery schedule to be submitted to the Court by 8/2/2010. [For further details see separate order(s).] Mailed notice (ber, ) (Entered: 07/28/2010)

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33 July 23, 2010

AGREED ORDER Signed by the Honorable William J. Hibbler on 7/23/2010. (ber, ) (Entered: 07/28/2010)

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28 July 26, 2010

MOTION by Defendant Julie HamosRoutine Motion to Cite Additional Authority with Exhibit A and Certificate of Service (Konieczny, Karen) (Entered: 07/26/2010)

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29 July 26, 2010

Certificate of Service and NOTICE of Motion by Karen Elaine Konieczny for presentment of motion for miscellaneous relief 28 before Honorable William J. Hibbler on 8/3/2010 at 09:30 AM. (Konieczny, Karen) (Entered: 07/26/2010)

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30 July 27, 2010

RESPONSE by William R Hampe to MOTION by Defendant Julie HamosRoutine Motion to Cite Additional Authority with Exhibit A and Certificate of Service 28 (Farley, Robert) (Entered: 07/27/2010)

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31 July 27, 2010

ATTORNEY Appearance for Plaintiff Richard L. Winfrey, III by Robert Hugh Farley, Jr (Farley, Robert) (Entered: 07/27/2010)

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34 Aug. 2, 2010

REPORT of Rule 26(f) Planning Meeting (Huston, John) (Entered: 08/02/2010)

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35 Aug. 2, 2010

REPORT of Rule 26(f) Planning Meeting (Farley, Robert) (Entered: 08/02/2010)

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36 Aug. 2, 2010

MINUTE entry before Honorable William J. Hibbler: Defendant's Routine Motion to cite additional authority 28 is granted. The Court having previously reset the status hearing to 8/24/2010 at 9:30 AM, the 7/23/10 order setting the status to 8/3/2010 is vacated. Parties to submit joint proposed discovery to the Court by 8/20/2010. Mailed notice (jdh) (Entered: 08/02/2010)

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37 Aug. 3, 2010

Affirmative Defenses and ANSWER to amended complaint and Certificate of Service by Julie Hamos(Huston, John) (Entered: 08/03/2010)

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38 Aug. 6, 2010

MOTION by Plaintiff William R Hampe to amend/correct for leave of court to file second amended complaint instanter (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Farley, Robert) (Entered: 08/06/2010)

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39 Aug. 6, 2010

Plaintiffs NOTICE of Motion by Robert Hugh Farley, Jr for presentment of motion to amend/correct 38 before Honorable William J. Hibbler on 8/11/2010 at 09:30 AM. (Farley, Robert) (Entered: 08/06/2010)

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40 Aug. 11, 2010

MINUTE entry before Honorable William J. Hibbler: Motion hearing held on 8/11/2010 regarding motion to amend/correct 38 .MOTION by Plaintiff William R Hampe to amend/correct for leave of court to file second amended complaint instanter 38 is granted, the seconded amended complaint shall be filed by the close of business 8/11/2010. Defendant to answer the second amended complaint on or before 8/24/2010. The status date of 8/24/2010 is stricken. A joint proposed discovery schedule to be filed by 9/3/2010. Status hearing reset for 9/7/2010 at 09:30 AM.Mailed notice (jdh, ) (Entered: 08/11/2010)

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41 Aug. 11, 2010

PLAINTIFFS SECOND AMENDED complaint by Adam Cale, William R. Hampe, Richard L. Winfrey, III against Julie Hamos (Farley, Robert) "Text edited by Clerk's Office to reflect correct filer." Modified on 8/13/2010 (ber, ). (Entered: 08/11/2010)

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42 Aug. 11, 2010

MOTION by Plaintiff Adam Cale for preliminary injunction and temporary restraining order (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Farley, Robert) (Entered: 08/11/2010)

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43 Aug. 11, 2010

MEMORANDUM by Plaintiff Adam Cale in support of Plaintiff's Motion for Temporary Restraining Order & Preliminary Injunction (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H)(Farley, Robert) (Entered: 08/11/2010)

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44 Aug. 11, 2010

Plaintiff Adam Cale's NOTICE of Motion by Robert Hugh Farley, Jr for presentment of motion for preliminary injunction 42 before Honorable William J. Hibbler on 8/18/2010 at 09:30 AM. (Farley, Robert) (Entered: 08/11/2010)

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45 Aug. 17, 2010

DECLARATION of Jane Woerly Supplemental (Second) Declaration in support of Plaintiff Cale's Motion for Temporary Restraining Order and Preliminary Injunction (Attachments: # 1 Exhibit A)(Farley, Robert) (Entered: 08/17/2010)

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46 Aug. 18, 2010

MINUTE entry before Honorable William J. Hibbler: Motion hearing held on 8/18/2010 regarding motion for preliminary injunction 42 . Plaintiff Adan Cale's Motion for preliminary injunction 42 is continued to 8/25/2010 at 2:00 PM. By agreement of the parties plaintiff is to receive the same level of skilled nursing services, 116.5 hours per week and 336 hours of respite per year, pending the outcome of the case. Mailed notice (jdh) (Entered: 08/23/2010)

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47 Aug. 24, 2010

Affirmative Defenses and ANSWER to amended complaint (Second) and certificate of service by Julie Hamos(Huston, John) (Entered: 08/24/2010)

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48 Aug. 26, 2010

MINUTE entry before Honorable William J. Hibbler: Motion by plaintiff for preliminary injunction and temporary restraining order 42 is granted. Enter Agreed Order. [For further detail see separate order(s).] Mailed notice (ber, ) (Entered: 08/27/2010)

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49 Aug. 26, 2010

AGREED ORDER Signed by the Honorable William J. Hibbler on 8/26/2010. (ber, ) (Entered: 08/27/2010)

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50 Sept. 2, 2010

REPORT of Rule 26(f) Planning Meeting (Farley, Robert) (Entered: 09/02/2010)

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51 Sept. 7, 2010

MINUTE entry before Honorable William J. Hibbler: Status hearing held on 9/7/2010 and continued to 11/4/2010 at 9:30 AM. The Court adopts the joint proposed discovery schedule. Parties to comply with FRCP 26(a)(1) by 9/24/2010. The parties shall have a maximum of 40 interrogatories per side, the maximum number of requests for admission by each side shall be 100 and a maximum number of 30 depositions by each side. Parties given to and including 10/29/10 to amend all pleadings and to add any additional parties. Fact discovery ordered closed by 1/31/2011. Plaintiff shall comply with FRCP(26)(a)(2) by 3/31/2011. Defendant shall comply with FRCP(26)(a)(2) by 6/2/2011. Deposition of experts to be completed by 6/30/2011. Dispositive motions with supporting memoranda due by 8/15/2011. Mailed notice (jdh) (Entered: 09/09/2010)

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52 Sept. 27, 2010

MINUTE entry before Honorable William J. Hibbler: Enter Agreed Protective Order. The Protective Order governs pre-trial proceedings only. Parties need leave of court prior to filing any documents Under Seal. Parties to file a motion to retrieve any documents filed Under Seal within 60 days after the close of this case. If a party fails to file a motion, any documents under seal will become part of the public record. [For further detail see separate order(s).] Mailed notice (ber, ) (Entered: 09/30/2010)

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53 Sept. 27, 2010

AGREED PROTECTIVE Order Signed by the Honorable William J. Hibbler on 9/27/2010. (ber, ) (Entered: 09/30/2010)

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54 Oct. 28, 2010

Plaintiffs Hampe, Winfrey, Cale and Others, Third AMENDED complaint by Olivia Welter, Jacob Stracka, Charles Stout, Phillip Baron, Jessica Lytle against Julie Hamos (Farley, Robert) (Entered: 10/28/2010)

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55 Oct. 28, 2010

Plaintiffs MOTION by Plaintiff William R Hampe for leave to appear as additional attorney appearance Plaintiffs (Farley, Robert) (Entered: 10/28/2010)

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56 Oct. 28, 2010

Plaintiff NOTICE of Motion by Robert Hugh Farley, Jr for presentment of motion for leave to appear 55 before Honorable William J. Hibbler on 11/4/2010 at 09:30 AM. (Farley, Robert) (Entered: 10/28/2010)

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57 Nov. 2, 2010

MINUTE entry before Honorable William J. Hibbler: Enter Agreed Order directing plaintiff Olivia Welter to receive the same level of Medicaid and skilled nursing services, 112 hours per week and 336 hours of respite per year and not reduce her level of benefits on her twenty-first birthday. Defendant shall take all steps necessary to effectuate this order so as to not interrupt the receipt of services following the plaintiff's 21st birthday on 11/9/2010. By agreement of the parties this Order shall be in effect until further order of the Court. [For further detail see separate order(s)]. Mailed notice (ber, ) (Entered: 11/04/2010)

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58 Nov. 2, 2010

AGREED ORDER Signed by the Honorable William J. Hibbler on 11/2/2010. (ber, ) (Entered: 11/04/2010)

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59 Nov. 4, 2010

MINUTE entry before Honorable William J. Hibbler: Status hearing held on 11/4/2010 and continued to 12/15/2010 at 9:30 AM. Plaintiffs' Motion for leave of court to file additional appearance of Mary Denise Cahill 55 is granted. Defendant to answer or otherwise respond plaintiff's third amended complaint by 11/18/2010. Mailed notice (jdh) (Entered: 11/05/2010)

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60 Nov. 10, 2010

Additional Appearance by Phillip Baron, Adam Cale, William R Hampe, Jessica Lytle, Charles Stout, Jacob Stracka, Olivia Welter, Richard L. Winfrey, III (Cahill, Mary) (Entered: 11/10/2010)

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61 Nov. 15, 2010

MOTION by Plaintiff William R Hampe to amend/correct for leave to file Fourth Amended Complaint (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Farley, Robert) (Entered: 11/15/2010)

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62 Nov. 15, 2010

Plaintiffs NOTICE of Motion by Robert Hugh Farley, Jr for presentment of motion to amend/correct 61 before Honorable William J. Hibbler on 11/18/2010 at 09:30 AM. (Farley, Robert) (Entered: 11/15/2010)

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63 Nov. 18, 2010

MOTION by Defendant Julie Hamos to dismiss Certain Plaintiffs as Misjoined Parties (Attachments: # 1 Exhibit A)(Konieczny, Karen) (Entered: 11/18/2010)

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64 Nov. 18, 2010

MEMORANDUM by Julie Hamos in support of motion to dismiss 63 Certain Plaintiffs as Misjoined Parties and Response to Plaintiffs' Motion to File Fourth Amended Complaint (Attachments: # 1 Exhibit A - C)(Konieczny, Karen) (Entered: 11/18/2010)

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65 Nov. 18, 2010

NOTICE by Julie Hamos re memorandum in support of motion 64, MOTION by Defendant Julie Hamos to dismiss Certain Plaintiffs as Misjoined Parties 63 and Certificate of Service (Konieczny, Karen) (Entered: 11/18/2010)

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66 Nov. 18, 2010

ATTORNEY Appearance for Plaintiffs Phillip Baron, Adam Cale, William R Hampe, Jessica Lytle, Charles Stout, Jacob Stracka, Olivia Welter, Richard L. Winfrey, III by Mary Denise Cahill (Cahill, Mary) (Entered: 11/18/2010)

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70 Nov. 18, 2010

MINUTE entry before Honorable William J. Hibbler: Motion hearing held on 11/18/2010 regarding motion to amend/correct 61 . Plaintiffs' Motion to amend/correct 61 is taken under advisement. Motion to dismiss 63 is taken under advisement. Responses due by 11/19/2010. Motion Hearing set for 11/23/2010 at 11:00 AM. Mailed notice (jdh) (Entered: 11/19/2010)

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67 Nov. 19, 2010

MOTION by Plaintiff Kristen Kocourek for temporary restraining order and preliminary injunction (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Farley, Robert) (Entered: 11/19/2010)

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68 Nov. 19, 2010

MEMORANDUM of Law in support of Kristen Kocourek Motion for Temporary Restraining Order and Preliminary Injunction (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H)(Farley, Robert) (Entered: 11/19/2010)

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69 Nov. 19, 2010

Plaintiff Kristen Kocourek NOTICE of Motion by Robert Hugh Farley, Jr for presentment of motion for temporary restraining order 67 before Honorable William J. Hibbler on 11/23/2010 at 11:00 AM. (Farley, Robert) (Entered: 11/19/2010)

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71 Nov. 21, 2010

RESPONSE by William R Hampein Opposition to MOTION by Defendant Julie Hamos to dismiss Certain Plaintiffs as Misjoined Parties 63 (Attachments: # 1 Exhibit A)(Farley, Robert) (Entered: 11/21/2010)

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74 Nov. 22, 2010

MINUTE entry before Honorable William J. Hibbler: Enter Memorandum Opinion and Order. The Court Grants Plaintiffs' Motion to Certify a Class. [For further details see separate order.] Mailed notice (ber, ) (Entered: 11/30/2010)

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75 Nov. 22, 2010

MEMORANDUM Opinion and Order Signed by the Honorable William J. Hibbler on 11/22/2010. (ber, )

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72 Nov. 23, 2010

MINUTE entry before Honorable William J. Hibbler: Motion hearing held on 11/23/2010. Plaintiff's motion to certify class 12 is granted. Plaintiff's motion to file fourth amended complaint 61 is withdrawn. Defendant to answer or plead to plaintiff's third amended complaint by 12/21/10. Defendant's motion to dismiss certain plaintiffs as misjoined parties 63 is moot. Status hearing set for 12/15/10 is stricken and reset to 1/6/11 at 9:30 a.m. Amended disclosure schedule due 1/4/11. Enter Agreed Order granting Plaintiff's Motion for temporary restraining order and preliminary injunction 67 . [For further detail see separate order(s).] Mailed notice (ber, ) (Entered: 11/30/2010)

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73 Nov. 23, 2010

AGREED ORDER Signed by the Honorable William J. Hibbler on 11/23/2010. (ber, ) (Entered: 11/30/2010)

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76 Dec. 4, 2010

MOTION by Plaintiff Phillip Baron for temporary restraining order and preliminary injunction on behalf of Plaintiffs, BARON, LYTLE, STRACKA and Class Member, ST. CLAIR (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L)(Farley, Robert) Modified on 12/6/2010 (ber, ). (Entered: 12/04/2010)

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77 Dec. 4, 2010

MEMORANDUM by Phillip Baron in support of motion for temporary restraining order, 76 and preliminary injunction on behalf of Plaintiffs, BARON, LYTLE, STRACKA and Class Member ST. CLAIR (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H)(Farley, Robert) Modified on 12/6/2010 (ber, ). (Entered: 12/04/2010)

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78 Dec. 4, 2010

Plaintiffs BARON, LYTLE, STRACKA and Class Member, ST. CLAIR NOTICE of Motion by Robert Hugh Farley, Jr for presentment of motion for temporary restraining order, 76 before Honorable William J. Hibbler on 12/9/2010 at 09:30 AM. (Farley, Robert) (Entered: 12/04/2010)

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79 Dec. 6, 2010

DECLARATION of Dr. Sean Diamond regarding motion for temporary restraining order, 76 in support of Plaintiff Baron's Motion for Temporary Restraining Order and Preliminary Injunction (Farley, Robert) (Entered: 12/06/2010)

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80 Dec. 8, 2010

MINUTE entry before Honorable William J. Hibbler: Enter Agreed Order that class member Phillip Peters shall receive the same level of Medicaid and skilled nursing services, 56 hours per week and 336 hours of respite per year and not reduce his level of benefits on his twenty-first birthday. Defendant shall take all steps necessary to effectuate this order so as to not interrupt the receipt of services following class member's 21st birthday on 12/14/2010. By agreement of the parties this Order shall be in effect until further order of the Court. [For further detail see separate order(s).] Mailed notice (ber, ) (Entered: 12/10/2010)

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81 Dec. 8, 2010

AGREED ORDER Signed by the Honorable William J. Hibbler on 12/8/2010. (ber, ) (Entered: 12/10/2010)

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84 Dec. 9, 2010

MINUTE entry before Honorable William J. Hibbler: Status hearing reset to 1/5/2011 at 1:30 p.m. Filing of joint proposed discovery schedule held in abeyance until further order of court. Enter Agreed Order that plaintiff Phillip Baron shall receive the same level of Medicaid and skilled nursing services, 112 hours per week and 336 hours of respite per year and not reduce his level of benefits on his twenty-first birthday. Defendant shall take all steps necessary to effectuate this order so as to not interrupt the receipt of services following plaintiff's 21st birthday on 1/4/2011. By agreement of the parties this Order shall be in effect until further order of the Court. [For further detail see separate order(s).] Mailed notice (ber, ) (Entered: 12/21/2010)

RECAP
85 Dec. 9, 2010

AGREED ORDER Signed by the Honorable William J. Hibbler on 12/9/2010. (ber, ) (Entered: 12/21/2010)

RECAP
86 Dec. 9, 2010

MINUTE entry before Honorable William J. Hibbler: Motion hearing held. Hearing on plaintiff's motion for temporary restraining order as to Jessica L. Lytle set for 1/5/2011 at 1:30 p.m. Enter Agreed Order that plaintiff Jacob Stracka shall receive the same level of Medicaid and skilled nursing services, 112 hours per week and 336 hours of respite per year and not reduce her level of benefits on his twenty-first birthday. Defendant shall take all steps necessary to effectuate this order so as to not interrupt the receipt of services following plaintiff's 21st birthday on 1/20/2011. By agreement of the parties this Order shall be in effect until further order of the Court. [For further detail see separate order(s).] Mailed notice (ber, ) (Entered: 12/21/2010)

RECAP
87 Dec. 9, 2010

AGREED ORDER Signed by the Honorable William J. Hibbler on 12/9/2010. (ber, ) (Entered: 12/21/2010)

RECAP
82 Dec. 16, 2010

MINUTE entry before Honorable William J. Hibbler: Enter Agreed Order that class member Jessica Lytle shall receive the same level of Medicaid and skilled nursing services, 112 hours per week when Jessica is in school and 154 hours of skilled nursing services per week (22 hours per day) when Jessica is out of school in the summer and during holidays/extended breaks) and not reduce her level of benefits on her first twenty-first birthday. Defendant shall take all steps necessary to effectuate this order so as to not interrupt the receipt of services following plaintiff's 21st birthday on 1/10/2011. By agreement of the parties this Order shall be in effect until further order of Court. [For further detail see separate order(s).] Mailed notice (ber, ) (Entered: 12/20/2010)

RECAP
83 Dec. 16, 2010

AGREED ORDER Signed by the Honorable William J. Hibbler on 12/16/2010. (ber, ) (Entered: 12/20/2010)

RECAP
88 Dec. 16, 2010

MINUTE entry before Honorable William J. Hibbler: Enter Agreed Order that class member Jameson St. Clair shall receive the same level of Medicaid and skilled nursing services, 112 hours per week (minus any hours provided by the school district or personal assistant hours paid by DHS/DORS) and 336 hours of respite per year and not reduce her level of benefits on his twenty-first birthday. Defendant shall take all steps necessary to effectuate this order so as to not interrupt the receipt of services following plaintiff's 21st birthday on 12/19/2011. By agreement of the parties this Order shall be in effect until further order of the Court. [For further detail see separate order(s).] Mailed notice (ber, ) (Entered: 12/21/2010)

RECAP
89 Dec. 16, 2010

AGREED ORDER Signed by the Honorable William J. Hibbler on 12/16/2010. (ber, ) (Entered: 12/21/2010)

RECAP
90 Dec. 21, 2010

Defendant's Affirmative Defenses and ANSWER to amended complaint (Third) and Certificate of Service by Julie Hamos(Huston, John) (Entered: 12/21/2010)

RECAP
91 Jan. 5, 2011

MINUTE entry before Honorable William J. Hibbler: Status hearing held on 1/5/2011 and continued to 2/16/2011 at 9:30 AM. Parties to submit joint proposed discovery schedule to the Court by 2/14/2011. Plaintiffs' Motion for TRO as to Jessica Lytle 76 is terminated as moot.Mailed notice (jdh) (Entered: 01/06/2011)

RECAP
92 Feb. 10, 2011

JOINT Proposed Discovery Schedule by Plaintiff William R Hampe -Joint Proposed Discovery Schedule (Farley, Robert) Modified on 2/17/2011 (ber, ). (Entered: 02/10/2011)

RECAP
93 Feb. 16, 2011

MINUTE entry before Honorable William J. Hibbler: Status hearing held on 2/16/2011 and continued to 4/20/2011 at 9:30 AM. The Court adopts the revised joint proposed discovery schedule as amended. The parties shall have a maximum of 50 interrogatories per side, the maximum number of requests for admission by each side shall be 100 and a maximum number of 30 depositions by each side. Fact discovery ordered closed by 9/30/2011. Mailed notice (jdh) (Entered: 03/11/2011)

RECAP
94 March 21, 2011

MINUTE entry before Honorable William J. Hibbler: Enter Agreed Order regarding class member, Lauren Reimer. [For further detail see separate order(s).] Mailed notice (ber, ) (Entered: 03/23/2011)

RECAP
95 March 21, 2011

AGREED ORDER Signed by the Honorable William J. Hibbler on 3/21/2011. (ber, ) (Entered: 03/23/2011)

RECAP
96 April 20, 2011

MINUTE entry before Honorable William J. Hibbler: Status hearing held on 4/20/2011 and continued to 7/27/2011 at 9:30 AM. Mailed notice (jdh) (Entered: 04/20/2011)

RECAP
97 April 26, 2011

MINUTE entry before Honorable William J. Hibbler: Enter Agreed Order that class member Quantell Wood shall receive the same level of Medicaid and skilled nursing services (50 hours per week and 336 hours of respite per year) and not reduce his level of benefits on his twenty-first birthday. Defendant shall take all steps necessary to effectuate this order so as to not interrupt the receipt of services following the class member's 21st birthday on 4/29/2011. The class member agrees to cooperate in the administration of his care and services described above, including, but not limited to case management services. By agreement of the parties this Order shall be in effect until further order of the Court. [For further detail see separate order(s).] Mailed notice (ber, ) (Entered: 04/28/2011)

RECAP
98 April 26, 2011

AGREED ORDER Signed by the Honorable William J. Hibbler on 4/26/2011. (ber, ) (Entered: 04/28/2011)

RECAP

Case Details

State / Territory:

Illinois

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: May 20, 2010

Closing Date: Oct. 3, 2016

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiffs are medically fragile young adults who stand to have their community-based services reduced upon turning twenty-one.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

State

Illinois Department of Healthcare and Family Services

Defendant Type(s):

Hospital/Health Department

Jurisdiction-wide

Case Details

Causes of Action:

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

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

Other Dockets:

Northern District of Illinois 1:10-cv-03121

Available Documents:

Any published opinion

Complaint (any)

Injunctive (or Injunctive-like) Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Attorneys fees

Declaratory Judgment

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Monitoring

Preliminary relief granted

Reasonable Accommodation

Reporting

Amount Defendant Pays: 325,000

Order Duration: 2013 - 2016

Issues

General/Misc.:

Individualized planning

Payment for care

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

Reassessment and care planning

Benefits (Source):

Medicaid

Disability and Disability Rights:

Brain injury

Disability, unspecified

Integrated setting

Intellectual/developmental disability, unspecified

Least restrictive environment

Mental impairment

Mobility impairment

Reasonable Accommodations

Discrimination Basis:

Disability (inc. reasonable accommodations)

Jails, Prisons, Detention Centers, and Other Institutions:

Deinstitutionalization/decarceration

Medical/Mental Health Care:

Intellectual/Developmental Disability

Medical care, general

Medical care, unspecified

Recommended Citation