Case: T.R. v. Dreyfus

2:09-cv-01677 | U.S. District Court for the Western District of Washington

Filed Date: Nov. 24, 2009

Closed Date: Sept. 8, 2021

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Case Summary

On November 24, 2009, Medicaid-eligible children with psychiatric and behavioral disorders living in Washington filed this class-action lawsuit in the U.S. District Court for the Western District of Washington. Represented by Disability Rights Washington, the National Health Law Program, the National Center for Youth Law, and private counsel, the plaintiffs sued the Washington State Department of Social and Health Services under the Medicaid Act and the Americans with Disabilities Act to address the lack of community-based mental health services for Medicaid-eligible children in Washington State. The plaintiffs claimed that the state's system for providing Medicaid-funded services to children with mental health needs violated the Medicaid Act’s Early and Periodic Screening, Diagnosis, and Treatment (EPSDT) program, which required coverage of "medically necessary" healthcare services. The case was assigned to Magistrate Judge James P. Donohue.

The plaintiffs claimed that as a result of the state's very limited mental health services, children with psychiatric disorders were often untreated or under-treated, which lead to consequences such as involvement in the child welfare system, juvenile detention, or academic failure. Because available services in the community were so limited, children often had to go to institutions to receive care. The plaintiffs alleged that such frequent institutionalization violated the integration mandate of the Americans with Disabilities Act under Olmstead.

The case was reassigned to Judge Thomas S. Zilly on January 14, 2010.

The parties engaged in discovery until, on July 23, 2010, the court granted the plaintiffs' motion for class certification. After a period of mediation, the parties entered an interim settlement agreement on March 7, 2010.

The interim agreement was scheduled to last through June 2013, but on June 28, 2013, the court agreed to a stipulation submitted by both parties to extend the interim agreement until the final Settlement Agreement was approved. The stipulation noted that both parties were cooperating and making good progress toward the final agreement. Under the interim agreement, the state began to restructure and expand mental health care programs for Medicaid-eligible children.

The plaintiffs submitted a motion for preliminary approval of a class action settlement agreement on August 29, 2013. On December 19, 2013, the court granted the joint motion for final approval of the proposed settlement but retained jurisdiction to monitor compliance. Under the settlement, Washington agreed to create a new care coordination program known as Wraparound with Intensive Services (WISe) to connect children with home and community-based direct services, crisis intervention services, and intensive care coordination that puts the child and their caregiver at the center of decision-making. The state also agreed to increase the number of children who can access services over the next five years and submit a plan for fulfilling the rest of their obligations to the court. The state further agreed to give yearly status reports to the court and pay $3.1 million to the plaintiffs for attorneys' fees and costs. The agreement was set to last until June 2018.

On November 16, 2015, the defendants submitted a status report on their progress towards accomplishing the goals of their settlement. The report claimed that some children were already having some success in WISe or "WISe-like" programs but that the program has not yet reached the scope required under the settlement agreement. As of November 16, 2015, 19 Washington counties offered the program. The goal was to equip all 39 of the counties with WISe programs before the agreement would be terminated in June of 2018.

On November 15, 2018, the defendants submitted another status report on their progress towards accomplishing the goals of their settlement, focusing on progress between 2017-18. The report noted that as of November 15, 2018, the state of Washington anticipated achieving substantial compliance by June 30, 2019, a delay from the original anticipated completion date of June 2018. As of June 2018, all of Washington’s 39 counties had started implementing WISe programs, and the state was meeting 88% of the monthly substantial compliance caseload target. But the state was still working to build sufficient provider capacity and to meet monthly caseload target numbers.

In 2019, the parties agreed to a one-year extension to June 30, 2020, because Washington needed additional time to meet the exit criteria established in the settlement agreement. On September 12, 2019, the defendants agreed to pay an additional $310,000 in attorneys’ fees for costs incurred over the prior year.

The defendants filed their sixth annual status report on December 30, 2019. The report noted that more children were receiving WISe services and the number of monthly service hours per child was increasing. The report also laid out the state's plans going forward with the goal of exiting the settlement agreement by June 30, 2020. These steps included offering concurrent access to WISe to children in Behavioral Rehabilitation Services and maintaining the minimum required nine service hours a month per child.

On September 14, 2020, the court ordered the defendants to pay $210,000 in attorneys' fees and costs for the previous year.

The parties filed a stipulation regarding Partial Exit and Extension of Settlement Agreement on July 1, 2020. The defendants successfully exited from 24 of the 29 settlement agreement exit criteria. They implemented consistent procedures to identify children for the WISe services, achieved improved outcomes for youths in the WISe programs, and provided access and services to youth jointly served by BRS and behavioral health agencies. They were granted an extension through June 2021 to demonstrate substantial compliance with the five remaining exit criteria.

The defendants filed another status report on January 13, 2021, stating that the parties had discussed the status of the remaining exit criteria and stated that they anticipated fully meeting the criteria in the settlement agreement by June 30, 2021. The defendants needed to increase WISe caseloads in some regions, offer the full WISe services statewide, and increase monthly caseload statewide. The report also described the impact COVID-19 had on the state's progress and how they were responding to the pandemic.

On August 26, 2021, the court ordered the defendant pay the plaintiffs an additional $65,841.85 in attorney's fees and costs from the prior year.

On September 2, 2021, the parties stipulated that the terms of the settlement agreement had been met. On September 8, the court ordered the defendants to pay $114,123.98 in attorney's fees and costs to the plaintiffs, and the court dismissed the case.

	Document
2:09-cv-01677	Docket TR v. Dreyfus	Sept. 12, 2019	Sept. 12, 2019 Docket
1 2:09-cv-01677	Class Action Complaint for Injunctive and Declaratory Relief TR v. Dreyfus	Nov. 24, 2009	Nov. 24, 2009 Complaint
29 2:09-cv-01677	Memorandum in Support of Plaintiffs' Motion for Class Certification TR v. Dreyfus	June 24, 2010	June 24, 2010 Pleading / Motion / Brief
28 2:09-cv-01677	Plaintiff's Motion for Class Certificatin TR v. Dreyfus	June 24, 2010	June 24, 2010 Pleading / Motion / Brief
60 2:09-cv-01677	Order Granting Plaintiffs' Motion for Class Certification TR v. Dreyfus	July 23, 2010	July 23, 2010 Order/Opinion
77 2:09-cv-01677	Stipulated Motion to Amend Scheduling Order and Second Joint Status Report Regarding Mediation TR v. Dreyfus	March 16, 2011	March 16, 2011 Pleading / Motion / Brief
83 2:09-cv-01677	First Amended Class Action Complaint for Injunctive and Declaratory Relief TR v. Dreyfus	Oct. 27, 2011	Oct. 27, 2011 Complaint
99 2:09-cv-01677	Stipulated Interim Agreement	March 5, 2012	March 5, 2012 Settlement Agreement
100 2:09-cv-01677	Order Regarding Stipulated Interim Agreement and Case Schedule Amendments TR v. Dreyfus	March 7, 2012	March 7, 2012 Order/Opinion
	NCYL Press Release No Court	March 8, 2012	March 8, 2012 Press Release

ECF Number	Description	Date	Link Date / Link
1	CLASS ACTION COMPLAINT FOR INJUNCTIVE AND DECLARATORY RELIEF against defendant Susan N. Dreyfus (Summons(es) issued)(Receipt # SEA 30659), filed by CA, PS, GB, EH, ED, LFS, SP. (Attachments: # 1 Civil Cover Sheet, # 2 Transmittal email)(PM) (Entered: 11/25/2009) 2 Civil Cover Sheet View on PACER 3 Transmittal email View on PACER	Nov. 24, 2009	Nov. 24, 2009
2	NOTICE OF INITIAL ASSIGNMENT TO A US MAGISTRATE JUDGE AND CONSENT FORM. If consent, return the executed form by 1/6/2010. Please Note: Consents must not be electronically filed with the Court. (PM) (Entered: 11/25/2009)	Nov. 25, 2009	Nov. 25, 2009
4	APPLICATION OF ATTORNEY Patrick Gardner FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiffs CA, TF, TR, PS, TV, GB, EH, ED, LFS, SP (Fee Paid) Receipt No. 09810000000001917428. (Attachments: # 1 ECF)(Bailey, Regan) (Entered: 11/25/2009) 2 ECF View on PACER	Nov. 25, 2009	Nov. 25, 2009
5	APPLICATION OF ATTORNEY Fiza Quraishi FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiffs CA, TF, TR, PS, TV, GB, EH, ED, LFS, SP (Fee Paid) Receipt No. 09810000000001917454. (Attachments: # 1 ECF form)(Bailey, Regan) (Entered: 11/25/2009) 2 ECF form View on PACER	Nov. 25, 2009	Nov. 25, 2009
6	APPLICATION OF ATTORNEY Martha Jane Perkins FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiffs CA, TF, TR, PS, TV, GB, EH, ED, LFS, SP (Fee Paid) Receipt No. 09810000000001917463. (Attachments: # 1 ECF form)(Bailey, Regan) (Entered: 11/25/2009) 2 ECF form View on PACER	Nov. 25, 2009	Nov. 25, 2009
7	ORDER REGARDING INITIAL DISCLOSURES, JOINT STATUS REPORT AND EARLY SETTLEMENT. Joint Status Report due by 1/6/2010, FRCP 26f Conference Deadline is 12/23/2009, Initial Disclosure Deadline is 12/30/2009, by Hon. James P. Donohue. (PV) (Entered: 11/25/2009)	Nov. 25, 2009	Nov. 25, 2009
8	ORDER re 4 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Patrick Gardner for TR, et al by Bruce Rifkin. (No document associated with this docket entry, text only.)(DS) (Entered: 11/30/2009)	Nov. 30, 2009	Nov. 30, 2009
9	ORDER re 5 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Fiza Asmat Quraishi for T.R., et al by Bruce Rifkin. (No document associated with this docket entry, text only.)(DS) (Entered: 11/30/2009)	Nov. 30, 2009	Nov. 30, 2009
10	ORDER re 6 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Martha Jane Perkins for T.R., et al by Bruce Rifkin. (No document associated with this docket entry, text only.)(DS) (Entered: 11/30/2009)	Nov. 30, 2009	Nov. 30, 2009
11	SERVICE OF SUMMONS and Complaint returned executed upon defendant Susan N. Dreyfus on 11/25/2009 (MD) (Entered: 12/02/2009)	Dec. 1, 2009	Dec. 1, 2009
12	NOTICE of Appearance by attorney Carrie L Bashaw on behalf of Defendant Susan N. Dreyfus. (Bashaw, Carrie) (Entered: 12/04/2009)	Dec. 4, 2009	Dec. 4, 2009
13	ANSWER to Complaint for Injunctive and Declaratory Relief by Susan N. Dreyfus.(Bashaw, Carrie) (Entered: 12/15/2009)	Dec. 15, 2009	Dec. 15, 2009
14	NOTICE of Unavailability of counsel Carrie L Bashaw for Defendant Susan N. Dreyfus from January 13, 2010 to January 19, 2010. (Bashaw, Carrie) (Entered: 12/28/2009)	Dec. 28, 2009	Dec. 28, 2009
	Reset Deadlines: At the request of the parties, the Joint Status Report is now due by 1/14/2010; the parties consent or decline to Magistrate Judge Donohue is continued to 1/14/10, and shall be made part of the JSR,(PV)	Jan. 6, 2010	Jan. 6, 2010
15	JOINT STATUS REPORT signed by all parties estimated Trial Days: 15. Filed by Plaintiffs CA, TF, TR, PS, TV, GB, EH, ED, LFS, SP.(Foster, Susan) (Entered: 01/13/2010)	Jan. 13, 2010	Jan. 13, 2010
16	ORDER REASSIGNING CASE. Case reassigned to Judge Thomas S. Zilly for all further proceedings. Hon. James P. Donohue no longer assigned to caseby Clerk Bruce Rifkin. (PV) (Entered: 01/14/2010)	Jan. 14, 2010	Jan. 14, 2010
17	MINUTE ORDER by Thomas S. Zilly, United States District Judge. The Court SETS a scheduling conference for Friday, February 5, 2010, at 10:00 a.m. (CL) (Entered: 01/25/2010)	Jan. 25, 2010	Jan. 25, 2010
18	MINUTE ENTRY SCHEDULING CONFERENCE for proceedings held before Judge Thomas S. Zilly- Dep Clerk: Gail Glass; Pla Counsel: Susan E. Foster, Regan Bailey, Susan Kas, (Patrick Gardner and Fiza Quaraishi-by Phone); Def Counsel: Eric Nelson, Carrie L. Bashaw and William G. Clark; CR: NONE; Scheduling Conference held on 2/5/2010. All counsel appear personally, except for Patrick Gardner and Fiza Quraishi, who appear telephonically. The Court and counsel discuss the nature and status of the case. The Court sets the following deadlines: (i) motion for class certification filed by July 15, 2010; (ii) additional parties joined by September 1, 2010; (iii) plaintiffs' expert reports disclosed by November 30, 2010; (iv) defendant's expert reports disclosed by December 31, 2010; (v) all discovery completed by February 28, 2011; (vi) any dispositive motions filed by March 31, 2011; (vii) proposed findings of fact and conclusions of law filed by, and bench trial to commence on, June 13, 2011. Counsel are encouraged to meet and confer concerning the crafting of an agreed class certification order. All limitations on discovery set forth in the Federal Rules of Civil Procedure and Local Rules are lifted; however, counsel may seek protective orders as necessary. The Court will enter a separate scheduling order consistent with these Minutes. (GG) (Entered: 02/23/2010)	Feb. 5, 2010	Feb. 5, 2010
19	MINUTE ORDER SETTING TRIAL AND RELATED DATES: By Judge Thomas S. Zilly. 39.1 mediation to be completed by 5/16/2011, Discovery completed by 2/28/2011, Dispositive motions due by 3/31/2011, Plaintiffs' Expert Witness Disclosure/Reports under FRCP 26(a)(2) due by 11/30/2010, Defendant's Expert Witness Disclosure/Reports due by 12/31/2010, Joinder of Parties deadline due by 9/1/2010, All Motions related to discovery must be filed and due by 1/27/2011, Motions in Limine due by 5/11/2011, Pretrial Order due by 5/31/2011, Proposed Findings of Fact and Conclusions of Law to be submitted by 6/13/2011, Settlement conference to be held by 4/14/2011, Trial briefs to be submitted by 6/8/2011, Final Pretrial Conference set for 6/3/2011 at 2:00 PM before Judge Thomas S. Zilly. Bench Trial is set for 6/13/2011 at 9:00 AM before the Honorable Thomas S. Zilly. Length of Bench Trial 15 days.(GG) (Entered: 02/25/2010)	Feb. 24, 2010	Feb. 24, 2010
20	NOTICE OF WITHDRAWAL OF COUNSEL: Attorney Scott T. Middleton for Defendant Susan N. Dreyfus. (Bashaw, Carrie) (Entered: 02/26/2010)	Feb. 26, 2010	Feb. 26, 2010
21	STIPULATION AND PROPOSED ORDER by parties. (Rivera, Frederick) (Entered: 04/08/2010)	April 8, 2010	April 8, 2010
22	STIPULATED PROTECTIVE ORDER by Judge Thomas S. Zilly. (CL) (Entered: 04/15/2010)	April 14, 2010	April 14, 2010
23	NOTICE of Unavailability of counsel Carrie L Bashaw for Defendant Susan N. Dreyfus from July 1, 2010 to July 14, 2010. (Bashaw, Carrie) (Entered: 05/13/2010)	May 13, 2010	May 13, 2010
24	APPLICATION OF ATTORNEY Bryn Martyna FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiffs CA, TF, TR, PS, TV, GB, EH, ED, LFS, SP (Fee Paid) Receipt No. 09810000000002078297. (Attachments: # 1 ECF)(Bailey, Regan) (Entered: 05/21/2010) 2 ECF View on PACER	May 21, 2010	May 21, 2010
25	ORDER re 24 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Bryn Martyna for CA, TF, TR, PS, TV, GB, EH, ED, LFS and SP, by Bruce Rifkin. (No document associated with this docket entry, text only.)(DS) (Entered: 05/24/2010)	May 24, 2010	May 24, 2010
26	NOTICE of Appearance by attorney Laura T. Ewbank on behalf of Plaintiffs CA, TF, TR, PS, TV, GB, EH, ED, LFS, SP. (Ewbank, Laura) (Entered: 06/24/2010)	June 24, 2010	June 24, 2010
27	Stipulated MOTION and Proposed Order re Filing Declarations in Support of Motion for Class Certification Under Seal by Plaintiffs CA, TF, TR, PS, TV, GB, EH, ED, LFS, SP. Noting Date 6/24/2010, (Exstrom, Travis) (Entered: 06/24/2010)	June 24, 2010	June 24, 2010
28	MOTION to Certify Class by Plaintiffs CA, TF, TR, PS, TV, GB, EH, ED, LFS, SP. (Attachments: # 1 Proposed Order) Noting Date 7/9/2010, (Exstrom, Travis) (Entered: 06/24/2010) 2 Proposed Order View on PACER	June 24, 2010	June 24, 2010
29	MEMORANDUM re 28 MOTION to Certify Class by Plaintiffs CA, TF, TR, PS, TV, GB, EH, ED, LFS, SP. (Exstrom, Travis) (Entered: 06/24/2010)	June 24, 2010	June 24, 2010
30	DECLARATION of Susan Foster filed by Plaintiffs CA, TF, TR, PS, TV, GB, EH, ED, LFS, SP re 28 MOTION to Certify Class (Exstrom, Travis) (Entered: 06/24/2010)	June 24, 2010	June 24, 2010
31	DECLARATION of Jane Perkins filed by Plaintiffs CA, TF, TR, PS, TV, GB, EH, ED, LFS, SP re 28 MOTION to Certify Class (Exstrom, Travis) (Entered: 06/24/2010)	June 24, 2010	June 24, 2010
32	DECLARATION of Patrick Gardner filed by Plaintiffs CA, TF, TR, PS, TV, GB, EH, ED, LFS, SP re 28 MOTION to Certify Class (Exstrom, Travis) (Entered: 06/24/2010)	June 24, 2010	June 24, 2010
33	SEALED DOCUMENT A.A. by Plaintiffs CA, TF, TR, PS, TV, GB, EH, ED, LFS, SP re 27 Stipulated MOTION and Proposed Order re Filing Declarations in Support of Motion for Class Certification Under Seal, 28 MOTION to Certify Class (Exstrom, Travis) (Entered: 06/24/2010)	June 24, 2010	June 24, 2010
34	SEALED DOCUMENT Declaration of A.D. by Plaintiffs CA, TF, TR, PS, TV, GB, EH, ED, LFS, SP re 27 Stipulated MOTION and Proposed Order re Filing Declarations in Support of Motion for Class Certification Under Seal, 28 MOTION to Certify Class (Exstrom, Travis) (Entered: 06/24/2010)	June 24, 2010	June 24, 2010
35	SEALED DOCUMENT Declaration of B.S. by Plaintiffs CA, TF, TR, PS, TV, GB, EH, ED, LFS, SP re 27 Stipulated MOTION and Proposed Order re Filing Declarations in Support of Motion for Class Certification Under Seal, 28 MOTION to Certify Class (Exstrom, Travis) (Entered: 06/24/2010)	June 24, 2010	June 24, 2010
36	SEALED DOCUMENT Declaration of C.D. by Plaintiffs CA, TF, TR, PS, TV, GB, EH, ED, LFS, SP re 27 Stipulated MOTION and Proposed Order re Filing Declarations in Support of Motion for Class Certification Under Seal, 28 MOTION to Certify Class (Exstrom, Travis) (Entered: 06/24/2010)	June 24, 2010	June 24, 2010
37	SEALED DOCUMENT Declaration of C.H. by Plaintiffs CA, TF, TR, PS, TV, GB, EH, ED, LFS, SP re 27 Stipulated MOTION and Proposed Order re Filing Declarations in Support of Motion for Class Certification Under Seal, 28 MOTION to Certify Class (Exstrom, Travis) (Entered: 06/24/2010)	June 24, 2010	June 24, 2010
38	SEALED DOCUMENT Declaration of D.H. by Plaintiffs CA, TF, TR, PS, TV, GB, EH, ED, LFS, SP re 27 Stipulated MOTION and Proposed Order re Filing Declarations in Support of Motion for Class Certification Under Seal, 28 MOTION to Certify Class (Exstrom, Travis) (Entered: 06/24/2010)	June 24, 2010	June 24, 2010
39	SEALED DOCUMENT Declaration of D.F. by Plaintiffs CA, TF, TR, PS, TV, GB, EH, ED, LFS, SP re 27 Stipulated MOTION and Proposed Order re Filing Declarations in Support of Motion for Class Certification Under Seal, 28 MOTION to Certify Class (Exstrom, Travis) (Entered: 06/24/2010)	June 24, 2010	June 24, 2010
40	SEALED DOCUMENT Declaration of L.B. by Plaintiffs CA, TF, TR, PS, TV, GB, EH, ED, LFS, SP re 27 Stipulated MOTION and Proposed Order re Filing Declarations in Support of Motion for Class Certification Under Seal, 28 MOTION to Certify Class (Exstrom, Travis) (Entered: 06/24/2010)	June 24, 2010	June 24, 2010

Case: T.R. v. Dreyfus

2:09-cv-01677 | U.S. District Court for the Western District of Washington

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