Case: Steward v. Perry

5:10-cv-01025 | U.S. District Court for the Western District of Texas

Filed Date: Dec. 20, 2010

Case Ongoing

Clearinghouse coding complete

Case Summary

Adults with developmental disabilities who were institutionalized filed this lawsuit in the U.S. District Court for the Western District of Texas alleging that they, along with the class of similarly situated individuals, were institutionalized unnecessarily as a result of the policies of the State of Texas. There are also two organizational Plaintiffs: the Arc of Texas and the Coalition of Texans with Disabilities. The Plaintiffs alleged that Texas failed to provide adequate habilitation and…

Adults with developmental disabilities who were institutionalized filed this lawsuit in the U.S. District Court for the Western District of Texas alleging that they, along with the class of similarly situated individuals, were institutionalized unnecessarily as a result of the policies of the State of Texas. There are also two organizational Plaintiffs: the Arc of Texas and the Coalition of Texans with Disabilities. The Plaintiffs alleged that Texas failed to provide adequate habilitation and support services in the community that would allow them to avoid institutionalization or transition out of institutions. They alleged that individuals with developmental disabilities must enter institutions in order to receive necessary services in Texas. Furthermore, the Plaintiffs claimed that the state systematically violated a provision of the Nursing Home Reform Act (NHRA) known as Pre-Admission Screening and Resident Review (PASRR), which would divert individuals slated to enter nursing facilities into community placements if institutionalization was deemed unnecessary. The Plaintiffs alleged violations of the Americans with Disabilities Act, Section 504 of the Rehabilitation Act, the federal Medicaid Act, and the Nursing Home Reform Act.

The Plaintiffs filed a complaint on December 20, 2010 and a motion for class certification on January 19, 2011. The Defendants filed a motion to abate the Plaintiffs' motion for class certification, asking the court to delay a ruling on class certification until the parties could conduct further discovery and the court could consider a motion to dismiss. The court ultimately granted this motion on September 27, 2011. Class certification is still pending in this case.

The Defendants filed a motion to dismiss on March 8, 2011, claiming that Plaintiffs lacked standing, claims against the Governor were barred by sovereign immunity, and that Plaintiffs failed to state a claim. The United States (Department of Justice) filed a brief opposing the Defendants' motion to dismiss, and on June 22, 2011, the United States moved to intervene in the case.

The Plaintiffs filed an amended complaint on October 4, 2011, and the Defendants filed a second motion to dismiss in response on November 4, 2011. The United States filed an additional brief opposing the Defendants' motion soon after.

The court heard arguments on both motions on September 12, 2012 and took the motions under advisement. The court has repeatedly agreed to continue scheduled hearings and suspend deadlines and certain discovery requirements.

The court granted the United States' motion to intervene on September 20, 2012, and the United States filed its complaint in intervention. The Plaintiffs filed a second amended complaint on July 19, 2013 as well as a second amended motion for class certification.

On August 10, 2013, the Court stayed the case pursuant to a two year interim agreement that the parties had reached, which at the time was set to expire in July 2015. While the parties agreed to attempt to resolve all claims during this time, the case could be reopened at any time upon the request of any party or on the Court's own motion.

After a status conference on June 6, 2015, the parties agreed to extend the interim settlement agreement until September 30, 2015, or until a court-appointed Special Settlement Master filed a report with the court stating that settlement discussions had concluded.

While the Court did appoint a Special Settlement Master, and the parties did continue to negotiate for some time, settlement talks ultimately proved unsuccessful, and the litigation continued.

On May 17, 2016, the Court denied the Defendants' motion to dismiss. It held that the United States and organizational Plaintiffs had standing; that the Plaintiffs stated a claim; and that the Nursing Home Reform Act created a private cause of action. 189 F. Supp. 3d 620.

The Court granted class certification on May 20, 2016. The Plaintiff class was defined as: All Medicaid-eligible persons over twenty-one years of age with intellectual or developmental disabilities or a related condition in Texas who currently or will in the future reside in nursing facilities, or who are being, will be, or should be screened for admission to nursing facilities pursuant to 42 U.S.C. § 1396r(e)(7) and 42 C.F.R. § 483.112 et seq.

The litigation continued for years and focused largely on various discovery disputes. On June 15, 2018, the Defendants moved for summary judgment on the United States' claims in intervention, arguing that the United States lacks authority to bring an enforcement action under Title VI, the Rehabilitation Act, and Title II of the ADA. The Court denied this motion on September 27, 2018, and it explained that the United States did not have to establish its own standing to proceed because it was an intervenor here, and the original Plaintiffs' standing satisfied Article III. In that same September 27, 2018 Order, the Court terminated the Plaintiffs' motion for a preliminary injunction and held that all requests for injunctive relief would be considered upon determination of the merits at trial.

Since then, the litigation focused largely on discovery or evidentiary disputes as the case headed towards trial. A bench trial began on October 15, 2018, and seems to have gone on until November 15, 2018. The parties have continued filing motions regarding proposed findings of fact and law, but the Court has not issued any judgment following that trial. As of August 12, 2020, the litigation is ongoing.

Summary Authors

Beth Kurtz (2/20/2013)

Chris Pollack (8/12/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4400366/parties/steward-v-abbott/


Judge(s)

Garcia, Orlando Luis (Texas)

Attorneys(s) for Plaintiff

Albracht, Joselle (Texas)

Allen, Margaret Hope (Texas)

Burton, Casey A. (Texas)

Cohen-Miller, Rachel Beth (Texas)

Corbett, Garth Anthony (Texas)

Dorfman, Deborah A. (Washington)

Foley, Patrick G (Tennessee)

Jackson, Sean A. (Texas)

Keveney, Sean R. (District of Columbia)

Judge(s)

Garcia, Orlando Luis (Texas)

Attorneys(s) for Plaintiff

Albracht, Joselle (Texas)

Allen, Margaret Hope (Texas)

Burton, Casey A. (Texas)

Cohen-Miller, Rachel Beth (Texas)

Corbett, Garth Anthony (Texas)

Dorfman, Deborah A. (Washington)

Foley, Patrick G (Tennessee)

Jackson, Sean A. (Texas)

Keveney, Sean R. (District of Columbia)

McClure, Elissa M (Texas)

McGreal, Christopher (Texas)

Ostolaza, Yvette (Texas)

Rae, J. Paterson (Massachusetts)

Schwartz, Steven J. (Massachusetts)

Sillers, David Y (Texas)

Staub, Sandra J (Massachusetts)

Toner, Elizabeth F. (Massachusetts)

Velevis, Robert (Texas)

Wyson, Natali R (Texas)

Attorneys(s) for Defendant

Abbott, Greg (Texas)

Albright, Thomas A. (Texas)

Cobb, William J. (Georgia)

Cochran-McCall, Amanda J. (Texas)

Colmenero, Angela Veronica (Texas)

Crisp, Kay (Texas)

Daaboul, Rola (Texas)

Duke, John Earl (Texas)

Eccles, James B. (Texas)

Farrell, Jeffrey E (Texas)

Fore, Elizabeth Brown (Texas)

Gibson, Darren Glenn (Texas)

Harris, Drew L (Texas)

Hawkins, Kyle Douglas (Texas)

Hilton, Christopher D (Texas)

Hodge, Daniel (Texas)

Juren, Nancy K. (Texas)

Kane, Erika (Texas)

Lyles, Benjamin S. (Texas)

Marion, Natalee B (Texas)

Mattax, David C (Texas)

Mitchell, Jonathan F. (Texas)

Morales, David Steven (Texas)

O'Keefe, Robert B. (Texas)

Oldham, Andrew Stephen (Texas)

Patterson, Michael James (Texas)

Penn, Amy K. (Texas)

Rietvelt, Marc (Texas)

Stephens, Andrew Bowman (Texas)

Vinson, Eric (Texas)

Other Attorney(s)

Bagenstos, Samuel R. (District of Columbia)

Barkoff, Alison (District of Columbia)

Bronson, Jennifer (District of Columbia)

Coe, Cynthia (District of Columbia)

Erem, Haley Van (District of Columbia)

Foran, Sheila (District of Columbia)

Gore, John M. (District of Columbia)

Hill, Eve L. (District of Columbia)

Koch, Robert A. (District of Columbia)

Kruger, Mary F. (Texas)

Lee, Atticus S. (District of Columbia)

McDonald, Elizabeth Erin (District of Columbia)

Nichol, Allison (District of Columbia)

Paniszczyn, John Francis (District of Columbia)

Patrie, Aparna (District of Columbia)

Perez, Thomas E. (District of Columbia)

Polansky, Jessica (District of Columbia)

Rost, Cheryl Ann (District of Columbia)

Rush, Regan (District of Columbia)

Russo, Sarah Teresa (District of Columbia)

Ryals, Stephen (District of Columbia)

Samuels, Jocelyn (District of Columbia)

Shandell, Alexandra L. (District of Columbia)

Smith, Jonathan Mark (District of Columbia)

Tayloe, Benjamin O. (District of Columbia)

Wodatch, John L. (District of Columbia)

Wohlenhaus, Renee M. (District of Columbia)

Wolfe, Kathleen P. (District of Columbia)

Expert/Monitor/Master

Kaplan, Jeff (Texas)

Documents in the Clearinghouse

Document

Docket [PACER]

May 11, 2020 Docket
1

Complaint

Dec. 20, 2010 Complaint
13

Plaintiff's Motion for Class Certification

Jan. 19, 2011 Pleading / Motion / Brief
14

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

Jan. 19, 2011 Pleading / Motion / Brief
20

Defendants' Opposed Motion to Abate Plaintiffs' Motion for Class Certification

Jan. 26, 2011 Pleading / Motion / Brief
21

Plaintiff's Opposition to Defendants' Opposed Motion to Abate Motion for Class Certification

Feb. 4, 2011 Pleading / Motion / Brief
30

Defendants' Motion to Dimiss Plaintiff's Complaint

March 8, 2011 Pleading / Motion / Brief
40

Plaintiffs' Response in Opposition to Defendants' Motion to Dimiss Plaintiffs' Complaint

April 18, 2011 Pleading / Motion / Brief
43

Statement of Interest of the United States of America

May 18, 2011 Monitor/Expert/Receiver Report
53

Partial Consent Motion by the United States of America to Intervene and Memorandum in Support Thereof

June 22, 2011 Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4400366/steward-v-abbott/

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

ECF Number Description Date Link
1

COMPLAINT ( Filing fee $ 350 receipt number 0542-3283759), filed by Zackowitz Morgan, Andrea Padron, The Arc of Texas, Inc., Linda Arizpe, Coalition of Texans with Disabilities, Inc., Patricia Ferrer, Eric Steward, Benny Holmes. (Attachments: # 1 Civil Cover Sheet)(Corbett, Garth) (Entered: 12/20/2010)

1 Civil Cover Sheet

View on PACER

Dec. 20, 2010 RECAP
2

REQUEST FOR ISSUANCE OF SUMMONS by Linda Arizpe, Coalition of Texans with Disabilities, Inc., Patricia Ferrer, Benny Holmes, Zackowitz Morgan, Andrea Padron, Eric Steward, The Arc of Texas, Inc.. (Corbett, Garth) (Entered: 12/20/2010)

Dec. 20, 2010 PACER
3

RULE 7 DISCLOSURE STATEMENT filed by Coalition of Texans with Disabilities, Inc., The Arc of Texas, Inc.. (Corbett, Garth) (Entered: 12/20/2010)

Dec. 20, 2010 PACER
4

Summons Issued as to Rick Perry, Thomas Suehs, Chris Traylor. (ga) (Entered: 12/20/2010)

Dec. 20, 2010 RECAP
5

SUMMONS Returned Executed by Zackowitz Morgan, Andrea Padron, The Arc of Texas, Inc., Linda Arizpe, Coalition of Texans with Disabilities, Inc., Patricia Ferrer, Eric Steward, Benny Holmes. Rick Perry served on 12/21/2010, answer due 1/11/2011; Thomas Suehs served on 12/21/2010, answer due 1/11/2011; Chris Traylor served on 12/21/2010, answer due 1/11/2011. (Corbett, Garth) (Entered: 01/03/2011)

Jan. 3, 2011 RECAP
6

MOTION for Extension of Time to File Answer re 1 Complaint, by Rick Perry, Thomas Suehs, Chris Traylor. (Attachments: # 1 Proposed Order Order Granting Defendants' Unopposed Motion for Extension of Time to File Responsive Pleading to Plaintiffs' Complaint)(Juren, Nancy) (Entered: 01/07/2011)

1 Proposed Order Order Granting Defendants' Unopposed Motion for Extension of

View on PACER

Jan. 7, 2011 PACER
7

ORDER GRANTING 6 Motion for Extension of Time to Answer ; Rick Perry answer due 3/1/2011; Thomas Suehs answer due 3/1/2011; Chris Traylor answer due 3/1/2011. Signed by Judge Orlando L. Garcia. (tm) (Entered: 01/12/2011)

Jan. 12, 2011 PACER
8

MOTION to Appear Pro Hac Vice by Garth A. Corbett for Sean A. Jackson ( Filing fee $ 25 receipt number 0542-3332040) by on behalf of Linda Arizpe, Coalition of Texans with Disabilities, Inc., Patricia Ferrer, Benny Holmes, Zackowitz Morgan, Andrea Padron, Eric Steward, The Arc of Texas, Inc.. (Corbett, Garth) (Entered: 01/14/2011)

Jan. 14, 2011 PACER
9

MOTION to Appear Pro Hac Vice by Garth A. Corbett for Robert S. Velevis ( Filing fee $ 25 receipt number 0542-3332076) by on behalf of Linda Arizpe, Coalition of Texans with Disabilities, Inc., Patricia Ferrer, Benny Holmes, Zackowitz Morgan, Andrea Padron, Eric Steward, The Arc of Texas, Inc.. (Corbett, Garth) (Entered: 01/14/2011)

Jan. 14, 2011 PACER
10

MOTION to Appear Pro Hac Vice by Garth A. Corbett Casey A. Burton ( Filing fee $ 25 receipt number 0542-3332105) by on behalf of Linda Arizpe, Coalition of Texans with Disabilities, Inc., Patricia Ferrer, Benny Holmes, Zackowitz Morgan, Andrea Padron, Eric Steward, The Arc of Texas, Inc.. (Corbett, Garth) (Entered: 01/14/2011)

Jan. 14, 2011 PACER
11

MOTION to Appear Pro Hac Vice by Garth A. Corbett for Steven J. Schwartz ( Filing fee $ 25 receipt number 0542-3332123) by on behalf of Linda Arizpe, Coalition of Texans with Disabilities, Inc., Patricia Ferrer, Benny Holmes, Zackowitz Morgan, Andrea Padron, Eric Steward, The Arc of Texas, Inc.. (Corbett, Garth) (Entered: 01/14/2011)

Jan. 14, 2011 PACER
12

MOTION to Appear Pro Hac Vice by Garth A. Corbett for J. Paterson Rae ( Filing fee $ 25 receipt number 0542-3332141) by on behalf of Linda Arizpe, Coalition of Texans with Disabilities, Inc., Patricia Ferrer, Benny Holmes, Zackowitz Morgan, Andrea Padron, Eric Steward, The Arc of Texas, Inc.. (Corbett, Garth) (Entered: 01/14/2011)

Jan. 14, 2011 PACER
13

MOTION to Certify Class by Linda Arizpe, Coalition of Texans with Disabilities, Inc., Patricia Ferrer, Benny Holmes, Zackowitz Morgan, Andrea Padron, Eric Steward, The Arc of Texas, Inc.. (Corbett, Garth) (Entered: 01/19/2011)

Jan. 19, 2011 PACER
14

Memorandum in Support of 13 MOTION to Certify Class by Linda Arizpe, Coalition of Texans with Disabilities, Inc., Patricia Ferrer, Benny Holmes, Zackowitz Morgan, Andrea Padron, Eric Steward, The Arc of Texas, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Corbett, Garth) Modified on 1/20/2011 docket text (tm). (Entered: 01/19/2011)

1 Exhibit 1

View on PACER

2 Exhibit 2

View on PACER

3 Exhibit 3

View on PACER

4 Exhibit 4

View on PACER

Jan. 19, 2011 PACER
15

ORDER GRANTING 12 Motion of J. Paterson Rae to Appear Pro Hac Vice. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Orlando L. Garcia. (rf) (Entered: 01/21/2011)

Jan. 20, 2011 PACER
16

ORDER GRANTING 10 Motion of Casey A. Burton to Appear Pro Hac Vice. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Orlando L. Garcia. (rf) (Entered: 01/21/2011)

Jan. 20, 2011 PACER
17

ORDER GRANTING 9 Motion of Robert S. Velevis to Appear Pro Hac Vice. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Orlando L. Garcia. (rf) (Entered: 01/21/2011)

Jan. 20, 2011 PACER
18

ORDER GRANTING 8 Motion of Sean A. Jackson to Appear Pro Hac Vice. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Orlando L. Garcia. (rf) (Entered: 01/21/2011)

Jan. 20, 2011 PACER
19

ORDER GRANTING 11 Motion of Steven J. Schwartz to Appear Pro Hac Vice. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Orlando L. Garcia. (rf) (Entered: 01/21/2011)

Jan. 20, 2011 PACER
20

MOTION Defendants' Opposed Motion to Abate Plaintiffs' Motion for Class Certification re 13 MOTION to Certify Class by Rick Perry, Thomas Suehs, Chris Traylor. (Attachments: # 1 Proposed Order Order Granting Defendants' Opposed Motion to Abate Plaintiffs' Motion for Class Certification)(Juren, Nancy) (Entered: 01/26/2011)

1 Proposed Order Order Granting Defendants' Opposed Motion to Abate Plaintiff

View on PACER

Jan. 26, 2011 PACER
21

Response in Opposition to Motion, filed by Linda Arizpe, Coalition of Texans with Disabilities, Inc., Patricia Ferrer, Benny Holmes, Zackowitz Morgan, Andrea Padron, Eric Steward, The Arc of Texas, Inc., re 20 MOTION Defendants' Opposed Motion to Abate Plaintiffs' Motion for Class Certification re 13 MOTION to Certify Class MOTION Defendants' Opposed Motion to Abate Plaintiffs' Motion for Class Certification re 13 MOTION to Certify Class filed by Defendant Thomas Suehs, Defendant Rick Perry, Defendant Chris Traylor (Attachments: # 1 Proposed Order Denying Defendants' Motion to Abate, # 2 Proposed Order Denying Defendants' Motion to Abate and Granting Defendants' Request for Discovery Limited to Class)(Corbett, Garth) (Entered: 02/04/2011)

1 Proposed Order Denying Defendants' Motion to Abate

View on PACER

2 Proposed Order Denying Defendants' Motion to Abate and Granting Defendants&

View on PACER

Feb. 4, 2011 PACER
22

Unopposed MOTION for Extension of Time to File Response/Reply as to 20 MOTION Defendants' Opposed Motion to Abate Plaintiffs' Motion for Class Certification re 13 MOTION to Certify Class MOTION Defendants' Opposed Motion to Abate Plaintiffs' Motion for Class Certification re 13 MOTION to Certify Class by Rick Perry, Thomas Suehs, Chris Traylor. (Attachments: # 1 Proposed Order)(Juren, Nancy) (Entered: 02/10/2011)

1 Proposed Order

View on PACER

Feb. 10, 2011 PACER
23

ORDER GRANTING 22 Motion for Extension of Time to File Reply to Motion to Abate Motion for Class Certification. Signed by Judge Orlando L. Garcia. (tm) (Entered: 02/16/2011)

Feb. 16, 2011 PACER
24

REPLY to Response to Motion, filed by Rick Perry, Thomas Suehs, Chris Traylor, re 20 MOTION Defendants' Opposed Motion to Abate Plaintiffs' Motion for Class Certification re 13 MOTION to Certify Class MOTION Defendants' Opposed Motion to Abate Plaintiffs' Motion for Class Certification re 13 MOTION to Certify Class filed by Defendant Thomas Suehs, Defendant Rick Perry, Defendant Chris Traylor (Juren, Nancy) (Entered: 02/22/2011)

Feb. 22, 2011 PACER
25

Joint MOTION for Protective Order and Brief in Support by Linda Arizpe, Coalition of Texans with Disabilities, Inc., Patricia Ferrer, Benny Holmes, Zackowitz Morgan, Andrea Padron, Eric Steward, The Arc of Texas, Inc., Rick Perry, Chris Traylor, Thomas Suehs. (Attachments: # 1 Proposed Order Agreed Qualified Protective Order)(Corbett, Garth) Modified on 2/23/2011 to add filers (tm). (Entered: 02/23/2011)

1 Proposed Order Agreed Qualified Protective Order

View on PACER

Feb. 23, 2011 PACER
26

NOTICE of Name Change by Linda Arizpe, Coalition of Texans with Disabilities, Inc., Patricia Ferrer, Benny Holmes, Zackowitz Morgan, Andrea Padron, Eric Steward, The Arc of Texas, Inc. (Corbett, Garth) (Entered: 02/23/2011)

Feb. 23, 2011 PACER
27

Unopposed MOTION for Extension of Time to File Response/Reply by Rick Perry, Thomas Suehs, Chris Traylor. (Attachments: # 1 Proposed Order Order Granting Defendants' Second Unopposed Motion for Extension of Time to File Responsive Pleading to Plaintiffs' Complaint)(Juren, Nancy) (Entered: 02/24/2011)

1 Proposed Order Order Granting Defendants' Second Unopposed Motion for Exten

View on PACER

Feb. 24, 2011 PACER
28

ORDER GRANTING 27 Motion for Extension of Time to File Response to Complaint. Deadline extended to March 8, 2011. Signed by Judge Orlando L. Garcia. (tm) (Entered: 02/28/2011)

Feb. 28, 2011 PACER
29

MOTION for Leave to Exceed Page Limitation by Rick Perry, Thomas Suehs, Chris Traylor. (Attachments: # 1 Proposed Order)(Juren, Nancy) (Entered: 03/08/2011)

1 Proposed Order

View on PACER

March 8, 2011 PACER
30

MOTION to Dismiss Plaintiff's Complaint by Rick Perry, Thomas Suehs, Chris Traylor. (Attachments: # 1 Exhibit)(Juren, Nancy) (Entered: 03/08/2011)

1 Exhibit

View on PACER

March 8, 2011 PACER
31

ORDER GRANTING 29 Motion for Leave to Exceed Page Limit on Motion to Dismiss. Signed by Judge Orlando L. Garcia. (ga) (Entered: 03/11/2011)

March 10, 2011 PACER
32

ATTACHMENT Defendants' Motion to Dismiss Plaintiffs' Complaint-Table of Contents and Table of Authorities to 30 MOTION to Dismiss Plaintiff's Complaint by Rick Perry, Thomas Suehs, Chris Traylor. (Juren, Nancy) (Entered: 03/11/2011)

March 11, 2011 PACER
33

Opposed MOTION to Schedule a Pretrial Conference and for Entry of a Scheduling Order by Linda Arizpe, Coalition of Texans with Disabilities, Inc., Patricia Ferrer, Benny Holmes, Zackowitz Morgan, Andrea Padron, Eric Steward, The Arc of Texas, Inc.. (Attachments: # 1 Proposed Order Proposed Scheduling Order)(Corbett, Garth) (Entered: 03/14/2011)

1 Proposed Order Proposed Scheduling Order

View on PACER

March 14, 2011 PACER
34

MOTION to Extend the Time to File Response to Defendants Motion to Dismiss and to Exceed Page Limit by Linda Arizpe, Coalition of Texans with Disabilities, Inc., Patricia Ferrer, Benny Holmes, Zackowitz Morgan, Andrea Padron, Eric Steward, The Arc of Texas, Inc.. (Attachments: # 1 Proposed Order to Extend the Time to File Response to Defendants Motion to Dismiss and to Exceed Page Limit)(Corbett, Garth) (Entered: 03/17/2011)

1 Proposed Order to Extend the Time to File Response to Defendants Motion to Dismi

View on PACER

March 17, 2011 PACER
35

ORDER GRANTING 34 Motion to Extend the Time to File Response to Defendants Motion to Dismiss and to Exceed Page Limit. Deadline extended to 5/1/11. Signed by Judge Orlando L. Garcia. (tm) (Entered: 03/23/2011)

March 22, 2011 PACER
36

RESPONSE to Motion, filed by Rick Perry, Thomas Suehs, Chris Traylor, re 33 Opposed MOTION to Schedule a Pretrial Conference and for Entry of a Scheduling Order filed by Plaintiff Patricia Ferrer, Plaintiff Benny Holmes, Plaintiff Eric Steward, Plaintiff Linda Arizpe, Plaintiff Coalition of Texans with Disabilities, Inc., Plaintiff The Arc of Texas, Inc., Plaintiff Zackowitz Morgan, Plaintiff Andrea Padron Defendants' Response to Plaintiffs' Opposed Motion to Schedule a Pretrial Conference and for Entry of a Scheduling Order (Attachments: # 1 Proposed Order Order Denying Plaintiff's Opposed Motion to Schedule a Pretrial Conference and Entry of a Scheduling Order)(Juren, Nancy) (Entered: 03/25/2011)

1 Proposed Order Order Denying Plaintiff's Opposed Motion to Schedule a Pretr

View on PACER

March 25, 2011 PACER
37

***DOCUMENT DEFICIENT. NO CERTIFICATE OF SERVICE. SEE NOTICE NO. 38 *** REPLY to Response to Motion, filed by Linda Arizpe, Coalition of Texans with Disabilities, Inc., Patricia Ferrer, Benny Holmes, Zackowitz Morgan, Andrea Padron, Eric Steward, The Arc of Texas, Inc., re 33 Opposed MOTION to Schedule a Pretrial Conference and for Entry of a Scheduling Order filed by Plaintiff Patricia Ferrer, Plaintiff Benny Holmes, Plaintiff Eric Steward, Plaintiff Linda Arizpe, Plaintiff Coalition of Texans with Disabilities, Inc., Plaintiff The Arc of Texas, Inc., Plaintiff Zackowitz Morgan, Plaintiff Andrea Padron in Support of Their Motion to Schedule a Pretrial Conference and for Entry of a Scheduling Order (Corbett, Garth) Modified on 4/4/2011 (tm, ). (Entered: 04/04/2011)

April 4, 2011 PACER
38

***DEFICIENCY NOTICE: re 37 Reply to Response to re 33 Opposed MOTION to Schedule a Pretrial Conference and for Entry of a Scheduling Order. No certificate of service was included in pleading. Please file ONLY the certificate of service in the form of a pleading using the "Certificate of Service" event located under the 'Service of Process' menu.*** (tm) (Entered: 04/04/2011)

April 4, 2011 PACER
39

CERTIFICATE OF SERVICE by Linda Arizpe, Coalition of Texans with Disabilities, Inc., Patricia Ferrer, Benny Holmes, Zackowitz Morgan, Andrea Padron, Eric Steward, The Arc of Texas, Inc. 37 Reply to Response to Motion,,, (Corbett, Garth) (Entered: 04/04/2011)

April 4, 2011 PACER
40

Response in Opposition to Motion, filed by Linda Arizpe, Coalition of Texans with Disabilities, Inc., Patricia Ferrer, Benny Holmes, Zackowitz Morgan, Andrea Padron, Eric Steward, The Arc of Texas, Inc., re 30 MOTION to Dismiss Plaintiff's Complaint filed by Defendant Thomas Suehs, Defendant Rick Perry, Defendant Chris Traylor Plaintiff (Corbett, Garth) (Entered: 04/18/2011)

April 18, 2011 PACER
41

Unopposed MOTION for Extension of Time to File Defendants' Reply to Plaintiffs' Responses to Defendants' Motion to Dismiss, Unopposed MOTION for Leave to Exceed Page Limitation by Rick Perry, Thomas Suehs, Chris Traylor. (Attachments: # 1 Proposed Order Order Granting Defendants' Unopposed Motion for Leave to Extend Deadline and Exceed Page Limit on Their Reply to Plaintiffs' Response to Defendants' Motion to Dismiss)(Juren, Nancy) (Entered: 04/25/2011)

1 Proposed Order Order Granting Defendants' Unopposed Motion for Leave to Ext

View on PACER

April 25, 2011 PACER
42

ORDER GRANTING 41 Motion for Extension of Time to File; GRANTING 41 Motion for Leave to File Excess Pages. Signed by Judge Orlando L. Garcia. (tm) (Entered: 04/29/2011)

April 28, 2011 PACER
43

NOTICE Statement of Interest of the United States of America by United States Of America (Paniszczyn, John) (Entered: 05/18/2011)

May 18, 2011 PACER
44

MOTION to Appear Pro Hac Vice by Regan Rush by on behalf of United States Of America. (tm) (Entered: 05/19/2011)

May 19, 2011 PACER
45

***DOCUMENT IS DEFICIENT - CORRECTED CERTIFICATE OF SERVICE AND PROPOSED ORDER ARE REQUIRED****Unopposed MOTION for Extension of Time to File Response/Reply as to 43 Notice (Other) Statement of Interest of the United States of America by Rick Perry, Thomas Suehs, Chris Traylor. (Juren, Nancy) Modified on 5/25/2011, to designate deficiency (rf). (Entered: 05/24/2011)

May 24, 2011 PACER
46

DEFICIENCY NOTICE: ***NOTIFIED COUNSEL THAT A CORRECTED CERTIFICATE OF SERVICE IS REQUIRED ALONG WITH A PROPOSED ORDER***** re 45 Unopposed MOTION for Extension of Time to File Response/Reply as to 43 Notice (Other) Statement of Interest of the United States of AmericaUnopposed MOTION for Extension of Time to File Response/Reply as to 43 Notice (Other) Statement of Interest of the United States of America (rf) (Entered: 05/25/2011)

May 25, 2011 PACER
47

CERTIFICATE OF SERVICE by Rick Perry, Thomas Suehs Corrected Certificate of Service 45 Unopposed MOTION for Extension of Time to File Response/Reply as to 43 Notice (Other) Statement of Interest of the United States of AmericaUnopposed MOTION for Extension of Time to File Response/Reply as to 43 Notice (Other) Statement of Interest of the United States of America (Juren, Nancy) (Entered: 05/25/2011)

May 25, 2011 PACER
48

ATTACHMENT Proposed Order Granting Defendants' Unopposed Motion for Extension of Time to Respond by Rick Perry, Thomas Suehs. (Juren, Nancy) (Entered: 05/25/2011)

May 25, 2011 PACER
49

ORDER GRANTING 44 Motion to Appear Pro Hac Vice. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Orlando L. Garcia. (tm) (Entered: 05/25/2011)

May 25, 2011 PACER
50

ORDER DISMISSING 45 Motion for Extension of Time to File Response. Signed by Judge Orlando L. Garcia. (rf) (Entered: 05/31/2011)

May 31, 2011 PACER
51

REPLY to Response to Motion, filed by Rick Perry, Thomas Suehs, Chris Traylor, re 30 MOTION to Dismiss Plaintiff's Complaint filed by Defendant Thomas Suehs, Defendant Rick Perry, Defendant Chris Traylor (Juren, Nancy) (Entered: 06/01/2011)

June 1, 2011 PACER
52

RESPONSE in Opposition to the Statement of Interest of the United States to 43 Notice (Other) by Rick Perry, Thomas Suehs, Chris Traylor. (Juren, Nancy) (Entered: 06/08/2011)

June 8, 2011 PACER
53

MOTION with Memorandum in Support to Intervene by United States Of America. (Attachments: # 1 Exhibit 1, # 2 Proposed Order)(rg) (Entered: 06/22/2011)

1 Exhibit 1

View on PACER

2 Proposed Order

View on PACER

June 22, 2011 PACER
54

Unopposed MOTION for Extension of Time to File Response/Reply as to 53 MOTION to Intervene, Unopposed MOTION for Leave to Exceed Page Limitation by Rick Perry, Thomas Suehs, Chris Traylor. (Attachments: # 1 Proposed Order)(Juren, Nancy) (Entered: 06/28/2011)

1 Proposed Order

View on PACER

June 28, 2011 PACER
55

ORDER GRANTING 54 Motion for Extension of Time to File Response to the U.S. Motion to Intervene; GRANTING 54 Motion for Leave to File Excess Pages. Signed by Judge Orlando L. Garcia. (tm) (Entered: 06/30/2011)

June 30, 2011 PACER
56

Response in Opposition to Motion, filed by Rick Perry, Thomas Suehs, Chris Traylor, re 53 MOTION to Intervene filed by Movant United States Of America (Attachments: # 1 Exhibit Exhibit List, # 2 Exhibit Exh. 1, # 3 Exhibit Exh 2, # 4 Exhibit Exh 3, # 5 Exhibit Exh 4, # 6 Exhibit Exh 5, # 7 Proposed Order)(Juren, Nancy) (Entered: 07/19/2011)

1 Exhibit Exhibit List

View on PACER

2 Exhibit Exh. 1

View on PACER

3 Exhibit Exh 2

View on PACER

4 Exhibit Exh 3

View on PACER

5 Exhibit Exh 4

View on PACER

6 Exhibit Exh 5

View on PACER

7 Proposed Order

View on PACER

July 19, 2011 PACER
57

REPLY to Response to Motion, filed by United States Of America, re 53 MOTION to Intervene filed by Movant United States Of America (Rush, Regan) (Entered: 08/04/2011)

Aug. 4, 2011 PACER
58

ORDER GRANTING 20 Motion to Abate Plaintiffs' Motion for Class Certification. Case is STAYED pending further order of the Court. Signed by Judge Orlando L. Garcia. (tm) (Entered: 09/27/2011)

Sept. 27, 2011 PACER
59

AGREED QUALIFIED PROTECTIVE ORDER. Signed by Judge Orlando L. Garcia. (tm) (Entered: 09/27/2011)

Sept. 27, 2011 PACER
60

Unopposed MOTION to Amend Complaint by Linda Arizpe, Coalition of Texans with Disabilities, Inc., Patricia Ferrer, Benny Holmes, Zackowitz Morgan, Andrea Padron, Eric Steward, The Arc of Texas, Inc.. (Attachments: # 1 Proposed Order Granting Plaintiffs' Request for Relief from Stay and Unopposed Motion for Leave to File Amended and Supplemental Complaint, # 2 Exhibit A - Plaintiffs' Amended and Supplemental Complaint)(Corbett, Garth) (Entered: 10/03/2011)

1 Proposed Order Granting Plaintiffs' Request for Relief from Stay and Unoppo

View on PACER

2 Exhibit A - Plaintiffs' Amended and Supplemental Complaint

View on PACER

Oct. 3, 2011 PACER
61

RESPONSE to Motion, filed by Rick Perry, Thomas Suehs, Chris Traylor, re 60 Unopposed MOTION to Amend Complaint filed by Plaintiff Patricia Ferrer, Plaintiff Benny Holmes, Plaintiff Eric Steward, Plaintiff Linda Arizpe, Plaintiff Coalition of Texans with Disabilities, Inc., Plaintiff The Arc of Texas, Inc., Plaintiff Zackowitz Morgan, Plaintiff Andrea Padron (Juren, Nancy) (Entered: 10/04/2011)

Oct. 4, 2011 PACER
62

ORDER GRANTING 60 Motion to Amend Complaint. Signed by Judge Orlando L. Garcia. (tm) (Entered: 10/05/2011)

Oct. 4, 2011 PACER
63

AMENDED COMPLAINT against Rick Perry, Thomas Suehs, Chris Traylor amending 1 Complaint, filed by Zackowitz Morgan, Andrea Padron, The Arc of Texas, Inc., Linda Arizpe, Coalition of Texans with Disabilities, Inc., Patricia Ferrer, Eric Steward, Benny Holmes.(tm) (Entered: 10/05/2011)

Oct. 4, 2011 RECAP
64

Unopposed MOTION for Extension of Time to File Response/Reply as to 63 Amended Complaint, by Rick Perry, Thomas Suehs, Chris Traylor. (Attachments: # 1 Proposed Order)(Juren, Nancy) (Entered: 10/12/2011)

1 Proposed Order

View on PACER

Oct. 12, 2011 PACER
65

ORDER GRANTING 64 Motion for Extension of Time to File Response to plaintiff's amended and supplemental comlaint onor before November 4, 2011. Signed by Judge Orlando L. Garcia. (rg) (Entered: 10/14/2011)

Oct. 14, 2011 PACER
66

Unopposed MOTION for Leave to Exceed Page Limitation by Rick Perry, Thomas Suehs, Chris Traylor. (Attachments: # 1 Proposed Order)(Juren, Nancy) (Entered: 11/04/2011)

1 Proposed Order

View on PACER

Nov. 4, 2011 PACER
67

PARTIAL MOTION to Dismiss by Rick Perry, Thomas Suehs, Chris Traylor. (Attachments: # 1 Exhibit Exhibit 1, # 2 Proposed Order)(Juren, Nancy) Modified text on 12/13/2011 (rg). (Entered: 11/04/2011)

1 Exhibit Exhibit 1

View on PACER

2 Proposed Order

View on PACER

Nov. 4, 2011 PACER
68

ORDER GRANTING 66 Motion for Leave to File Excess Pages. Signed by Judge Orlando L. Garcia. (rg) (Entered: 11/14/2011)

Nov. 14, 2011 PACER
69

Unopposed MOTION for Extension of Time to File Response/Reply by Linda Arizpe, Coalition of Texans with Disabilities, Inc., Patricia Ferrer, Benny Holmes, Zackowitz Morgan, Andrea Padron, Eric Steward, The Arc of Texas, Inc.. (Attachments: # 1 Proposed Order Granting Plaintiffs' Unopposed Motion to Exceed Page Limit and for Extension of Time to File Response to Defendants' Partial Motion to Dismiss Plaintiffs' Amended Complaint)(Corbett, Garth) (Entered: 11/14/2011)

1 Proposed Order Granting Plaintiffs' Unopposed Motion to Exceed Page Limit a

View on PACER

Nov. 14, 2011 PACER
70

Response in Opposition to Motion, filed by Linda Arizpe, Coalition of Texans with Disabilities, Inc., Patricia Ferrer, Benny Holmes, Zackowitz Morgan, Andrea Padron, Eric Steward, The Arc of Texas, Inc., re 67 MOTION to Dismiss filed by Defendant Thomas Suehs, Defendant Rick Perry, Defendant Chris Traylor (Attachments: # 1 Exhibit A - Affidavit of Mike Bright, # 2 Exhibit B - Affidavit of Dennis Borel)(Corbett, Garth) (Entered: 11/23/2011)

1 Exhibit A - Affidavit of Mike Bright

View on PACER

2 Exhibit B - Affidavit of Dennis Borel

View on PACER

Nov. 23, 2011 PACER
71

NOTICE Supplemental Statement of Interest by United States Of America re 67 MOTION to Dismiss (Rush, Regan) (Entered: 11/30/2011)

Nov. 30, 2011 PACER
72

Unopposed MOTION for Extension of Time to File Reply to Plaintiffs Response by Rick Perry, Thomas Suehs, Chris Traylor. (Attachments: # 1 Proposed Order)(Juren, Nancy) (Entered: 12/01/2011)

1 Proposed Order

View on PACER

Dec. 1, 2011 PACER
73

ORDER GRANTING 72 Motion for Extension of Time to File Reply. Signed by Judge Orlando L. Garcia. (rf) (Entered: 12/05/2011)

Dec. 5, 2011 PACER
74

RESPONSE In Opposition to 71 Notice (Other) by Rick Perry, Thomas Suehs, Chris Traylor. (Juren, Nancy) (Entered: 12/09/2011)

Dec. 9, 2011 PACER
75

Opposed MOTION for Leave to Exceed Page Limitation by Rick Perry, Thomas Suehs, Chris Traylor. (Attachments: # 1 Proposed Order)(Juren, Nancy) (Entered: 12/12/2011)

1 Proposed Order

View on PACER

Dec. 12, 2011 PACER
76

REPLY to Response to Motion, filed by Rick Perry, Thomas Suehs, Chris Traylor, re 67 PARTIAL MOTION to Dismiss Plaintiff's Amended Complaint filed by Defendant Thomas Suehs, Defendant Rick Perry, Defendant Chris Traylor (Juren, Nancy) Modified text on 12/13/2011 (rg). (Entered: 12/12/2011)

Dec. 12, 2011 PACER
77

Response in Opposition to Motion, filed by Linda Arizpe, Coalition of Texans with Disabilities, Inc., Patricia Ferrer, Benny Holmes, Zackowitz Morgan, Andrea Padron, Eric Steward, The Arc of Texas, Inc., re 75 Opposed MOTION for Leave to Exceed Page Limitation filed by Defendant Thomas Suehs, Defendant Rick Perry, Defendant Chris Traylor (Attachments: # 1 Proposed Order Denying Defendants' Motion for Leave to Exceed Page Limit on their Reply to Plaintiffs' Response to their Partial Motion to Dismiss Plaintiffs' Amended Complaint)(Corbett, Garth) (Entered: 12/13/2011)

1 Proposed Order Denying Defendants' Motion for Leave to Exceed Page Limit on

View on PACER

Dec. 13, 2011 PACER
78

ORDER GRANTING 75 Motion for Leave to File Excess Pages. Signed by Judge Orlando L. Garcia. (rg) (Entered: 12/15/2011)

Dec. 15, 2011 PACER
79

ORDER GRANTING DEFENDANTS' UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE DEFENDANTS' REPLY TO PLAINTIFFS' RESPONSE IN OPPOSITION TO DEFENDANTS' PARTIAL MOTION TO DISMISS PLAINTIFFS' AMENDED COMPLAINT. Signed by Judge Orlando L. Garcia. (rg) (Entered: 12/15/2011)

Dec. 15, 2011 PACER
80

MOTION to Appear Pro Hac Vice by Garth A. Corbett for Elizabeth Toner ( Filing fee $ 25 receipt number 0542-4410050) by on behalf of Linda Arizpe, Coalition of Texans with Disabilities, Inc., Patricia Ferrer, Benny Holmes, Zackowitz Morgan, Andrea Padron, Eric Steward, The Arc of Texas, Inc.. (Attachments: # 1 Proposed Order to Appear Pro Hac Vice)(Corbett, Garth) (Entered: 03/15/2012)

1 Proposed Order to Appear Pro Hac Vice

View on PACER

March 15, 2012 PACER
81

MOTION to Appear Pro Hac Vice by Garth A. Corbett for Deborah Dorfman ( Filing fee $ 25 receipt number 0542-4410114) by on behalf of Linda Arizpe, Coalition of Texans with Disabilities, Inc., Patricia Ferrer, Benny Holmes, Zackowitz Morgan, Andrea Padron, Eric Steward, The Arc of Texas, Inc.. (Attachments: # 1 Proposed Order to Appear Pro Hac Vice)(Corbett, Garth) (Entered: 03/15/2012)

1 Proposed Order to Appear Pro Hac Vice

View on PACER

March 15, 2012 PACER
82

ORDER GRANTING 80 Motion for Elizabeth F. Toner to Appear Pro Hac Vice. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Orlando L. Garcia. (tm, ) (Entered: 03/21/2012)

March 21, 2012 PACER
83

ORDER GRANTING 81 Motion for Deborah A. Dorfman to Appear Pro Hac Vice. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Orlando L. Garcia. (tm, ) (Entered: 03/21/2012)

March 21, 2012 PACER
84

Unopposed MOTION to Withdraw as Attorney for Plaintiffs by J. Paterson Rae by Linda Arizpe, Coalition of Texans with Disabilities, Inc., Patricia Ferrer, Benny Holmes, Zackowitz Morgan, Andrea Padron, Eric Steward, The Arc of Texas, Inc.. (Attachments: # 1 Proposed Order Allowing Unopposed Motion to Withdraw as Counsel for Plaintiffs by J. Paterson Rae)(Corbett, Garth) (Entered: 03/23/2012)

1 Proposed Order Allowing Unopposed Motion to Withdraw as Counsel for Plaintiffs b

View on PACER

March 23, 2012 PACER
85

ORDER GRANTING 84 Unopposed Motion of J. PATERSON RAE to Withdraw as Attorney for Plaintiffs. Signed by Judge Orlando L. Garcia. (kh, ) (Entered: 03/27/2012)

March 27, 2012 PACER
86

Opposed MOTION to Lift the Stay and Schedule Hearing on the Plaintiffs' Motion for Preliminary Injunction, by Linda Arizpe, Coalition of Texans with Disabilities, Inc., Patricia Ferrer, Benny Holmes, Zackowitz Morgan, Andrea Padron, Eric Steward, The Arc of Texas, Inc.. (Attachments: # 1 Proposed Order Granting Plaintiffs' Opposed Motion to Lift the Stay and Schedule a Hearing on the Plaintiffs' Motion for Preliminary Injunction, # 2 Exhibit 1; Plaintiffs' Motion for Preliminary Injunction and Brief in Support, # 3 Exhibit 2; Plaintiffs' Opposed Motion for Leave to Exceed Page Limit on the Plaintiffs' Motion for Preliminary Injunction and Proposed Order)(Corbett, Garth) Modified on 5/9/2012, to edit text (rf). (Entered: 05/09/2012)

1 Proposed Order Granting Plaintiffs' Opposed Motion to Lift the Stay and Sch

View on PACER

2 Exhibit 1; Plaintiffs' Motion for Preliminary Injunction and Brief in Suppo

View on PACER

3 Exhibit 2; Plaintiffs' Opposed Motion for Leave to Exceed Page Limit on the

View on PACER

May 9, 2012 PACER
87

RESPONSE to Motion, filed by Rick Perry, Thomas Suehs, Chris Traylor, re 86 Opposed MOTION to Lift the Stay and Schedule Hearing on the Plaintiffs' Motion for Preliminary InjunctionMOTION for Hearing filed by Plaintiff Patricia Ferrer, Plaintiff Benny Holmes, Plaintiff Eric Steward, Plaintiff Linda Arizpe, Plaintiff Coalition of Texans with Disabilities, Inc., Plaintiff The Arc of Texas, Inc., Plaintiff Zackowitz Morgan, Plaintiff Andrea Padron (Attachments: # 1 Proposed Order Order on Plaintiff's Motion to Lift Stay and to Schedule Preliminary Injunction Hearing, # 2 Supplement Denying Plaintiffs Motion to Lift Stay and to Schedule Preliminary Hearing)(Juren, Nancy) (Entered: 05/17/2012)

1 Proposed Order Order on Plaintiff's Motion to Lift Stay and to Schedule Pre

View on PACER

2 Supplement Denying Plaintiffs Motion to Lift Stay and to Schedule Preliminary He

View on PACER

May 17, 2012 PACER
88

MOTION to Appear Pro Hac Vice by Robert A. Koch on behalf of United States Of America. (kh, ) (Entered: 05/23/2012)

May 23, 2012 PACER
89

REPLY to Response to Motion, filed by Linda Arizpe, Coalition of Texans with Disabilities, Inc., Patricia Ferrer, Benny Holmes, Zackowitz Morgan, Andrea Padron, Eric Steward, The Arc of Texas, Inc., re 86 Opposed MOTION to Lift the Stay and Schedule Hearing on the Plaintiffs' Motion for Preliminary InjunctionMOTION for Hearing filed by Plaintiff Patricia Ferrer, Plaintiff Benny Holmes, Plaintiff Eric Steward, Plaintiff Linda Arizpe, Plaintiff Coalition of Texans with Disabilities, Inc., Plaintiff The Arc of Texas, Inc., Plaintiff Zackowitz Morgan, Plaintiff Andrea Padron (Corbett, Garth) (Entered: 05/24/2012)

May 24, 2012 PACER
90

ORDER GRANTING 88 Motion to Appear Pro Hac Vice filed by attorney ROBERT A. KOCH to appear on behalf of the United States of America. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Orlando L. Garcia. (kh, ) (Entered: 05/29/2012)

May 29, 2012 PACER
91

NOTICE of Attorney Vacation by Rick Perry (Juren, Nancy) (Entered: 06/04/2012)

June 4, 2012 PACER
92

ORDER SETTING ORAL ARGUMENT HEARING - Hearing set for 8/1/2012 10:30 AM before Judge Orlando L. Garcia on all pending motions in this matter. ALL PARTIES AND COUNSEL MUST APPEAR AT THIS HEARING. Signed by Judge Orlando L. Garcia. (kh, ) (Entered: 06/25/2012)

June 25, 2012 PACER
93

NOTICE of Amended Proposed Scheduling Order in Support of Motion to Schedule a Pretrial Conference and for Entry of a Scheduling Order by Linda Arizpe, Coalition of Texans with Disabilities, Inc., Patricia Ferrer, Benny Holmes, Zackowitz Morgan, Andrea Padron, Eric Steward, The Arc of Texas, Inc. (Attachments: # 1 Exhibit 1 Proposed Schedule)(Corbett, Garth) (Entered: 07/06/2012)

1 Exhibit 1 Proposed Schedule

View on PACER

July 6, 2012 PACER
94

Amended MOTION to Certify Class by Linda Arizpe, Coalition of Texans with Disabilities, Inc., Patricia Ferrer, Benny Holmes, Zackowitz Morgan, Andrea Padron, Eric Steward, The Arc of Texas, Inc.. (Attachments: # 1 Memo in Support of Plaintiffs' Amended Motion for Class Certification, # 2 Exhibit 1 of Plaintiffs' Memorandum of Law in Support of Amended Motion for Class Certification, # 3 Exhibit 2 of Plaintiffs' Memorandum of Law in Support of Amended Motion for Class Certification, # 4 Proposed Order Granting Plaintiffs' Amended Motion for Class Certification)(Corbett, Garth) (Entered: 07/09/2012)

1 Memo in Support of Plaintiffs' Amended Motion for Class Certification

View on PACER

2 Exhibit 1 of Plaintiffs' Memorandum of Law in Support of Amended Motion for

View on PACER

3 Exhibit 2 of Plaintiffs' Memorandum of Law in Support of Amended Motion for

View on PACER

4 Proposed Order Granting Plaintiffs' Amended Motion for Class Certification

View on PACER

July 9, 2012 PACER
95

Unopposed MOTION for Leave to Exceed Page Limitation on Plaintiffs' Memorandum of Law in Support of their Amended Motion for Class Certification by Linda Arizpe, Coalition of Texans with Disabilities, Inc., Patricia Ferrer, Benny Holmes, Zackowitz Morgan, Andrea Padron, Eric Steward, The Arc of Texas, Inc.. (Attachments: # 1 Proposed Order Granting Plaintiffs' Unopposed Motion for Leave to Exceed Page Limits on Plaintiffs' Memorandum of Law in Support of their Amended Motion for Class Certification)(Corbett, Garth) (Entered: 07/09/2012)

1 Proposed Order Granting Plaintiffs' Unopposed Motion for Leave to Exceed Pa

View on PACER

July 9, 2012 PACER
96

NOTICE of Declaration of Mike Bright in Support of Plaintiffs' Amended Motion for Class Certification by Linda Arizpe, Coalition of Texans with Disabilities, Inc., Patricia Ferrer, Benny Holmes, Zackowitz Morgan, Andrea Padron, Eric Steward, The Arc of Texas, Inc. re 94 Amended MOTION to Certify Class (Corbett, Garth) (Entered: 07/09/2012)

July 9, 2012 PACER
97

NOTICE of Declaration of Garth Corbett in Support of Plaintiffs' Amended Motion for Class Certification by Linda Arizpe, Coalition of Texans with Disabilities, Inc., Patricia Ferrer, Benny Holmes, Zackowitz Morgan, Andrea Padron, Eric Steward, The Arc of Texas, Inc. re 94 Amended MOTION to Certify Class (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10)(Corbett, Garth) (Entered: 07/09/2012)

1 Exhibit 1

View on PACER

2 Exhibit 2

View on PACER

3 Exhibit 3

View on PACER

4 Exhibit 4

View on PACER

5 Exhibit 5

View on PACER

6 Exhibit 6

View on PACER

7 Exhibit 7

View on PACER

8 Exhibit 8

View on PACER

9 Exhibit 9

View on PACER

10 Exhibit 10

View on PACER

July 9, 2012 PACER
98

NOTICE of Declaration of Karen Green McGowan in Support of Plaintiffs' Motion for Preliminary Injunction and Class Certification by Linda Arizpe, Coalition of Texans with Disabilities, Inc., Patricia Ferrer, Benny Holmes, Zackowitz Morgan, Andrea Padron, Eric Steward, The Arc of Texas, Inc. re 94 Amended MOTION to Certify Class (Corbett, Garth) (Entered: 07/09/2012)

July 9, 2012 PACER
99

ORDER RESETTING ORAL ARGUMENT HEARING (Oral Argument Hearing reset for 8/8/2012 10:30 AM before Judge Orlando L. Garcia.) The Court will hear oral arguments on all pending motions in this matter. Signed by Judge Orlando L. Garcia. (kh, ) (Entered: 07/11/2012)

July 11, 2012 PACER
100

MOTION to Appear Pro Hac Vice by Andrew B. Stephens on behalf of Rick Perry, Thomas Suehs, Chris Traylor. (Attachments: # 1 Proposed Order)(Juren, Nancy) Modified on 7/13/2012 to edit text adding Pro Hac Vice attorney's name (kh, ). (Entered: 07/13/2012)

1 Proposed Order

View on PACER

July 13, 2012 PACER

State / Territory: Texas

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Olmstead Cases

Key Dates

Filing Date: Dec. 20, 2010

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Plaintiff Class certified as: All Medicaid-eligible persons over twenty-one years of age with intellectual or developmental disabilities or a related condition in Texas who currently or will in the future reside in nursing facilities, or who are being, will be, or should be screened for admission to nursing facilities pursuant to 42 U.S.C. § 1396r(e)(7) and 42 C.F.R. § 483.112 et seq.

Plaintiff Type(s):

Non-profit NON-religious organization

Private Plaintiff

U.S. Dept of Justice plaintiff

Attorney Organizations:

NDRN/Protection & Advocacy Organizations

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

State of Texas, State

Texas Health and Human Services Commission, State

Texas Department of Aging and Disability Services, State

Defendant Type(s):

Hospital/Health Department

Case Details

Causes of Action:

42 U.S.C. § 1983

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

Nursing Care Reform Act of 1987/ Omnibus Reconciliation Act

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

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

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Content of Injunction:

Preliminary relief request withdrawn/mooted

Issues

General:

Deinstitutionalization/decarceration

Government Services

Habilitation (training/treatment)

Individualized planning

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

Reasonable Accommodations

Reassessment and care planning

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

disability, unspecified

Integrated setting

Least restrictive environment

Mental impairment

Benefit Source:

Medicaid