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

Clearinghouse coding complete

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 addres…

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.

Summary Authors

Beth Kurtz (2/8/2013)

Kate Craddock (10/19/2015)

Megan Brown (11/6/2016)

Tiffany Chung (10/29/2019)

Devon Schmidt (11/18/2021)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4410514/parties/tr-v-dreyfus/


Judge(s)

Donohue, James P. (Washington)

Zilly, Thomas Samuel (Washington)

Attorneys(s) for Plaintiff

Bailey, Regan (Washington)

Carlson, David R. (Washington)

Ewbank, Laura T. (Washington)

Exstrom, Travis A. (Washington)

Foster, Susan E. (Washington)

Gardner, Patrick (California)

Kas, Susan Linn (Washington)

Lewis, Kimberly (California)

Judge(s)

Donohue, James P. (Washington)

Zilly, Thomas Samuel (Washington)

Attorneys(s) for Plaintiff

Bailey, Regan (Washington)

Carlson, David R. (Washington)

Ewbank, Laura T. (Washington)

Exstrom, Travis A. (Washington)

Foster, Susan E. (Washington)

Gardner, Patrick (California)

Kas, Susan Linn (Washington)

Lewis, Kimberly (California)

Liotta, Erin (California)

Martyna, Bryn (California)

Perkins, Martha Jane (North Carolina)

Quraishi, Fiza A (California)

Rainwater, Austin M. (Washington)

Rivera, Frederick B. (Washington)

Sheffield, Wesley (California)

Turcios, Erica (California)

Welch, Leecia (California)

Attorneys(s) for Defendant

Bashaw, Carrie L. (Washington)

Clark, William G. (Washington)

Coats, Sarah (Washington)

Hoover, Catherine R. (Washington)

McCarthy, Angela D. Coats (Washington)

McIlhenny, John K (Washington)

Meyer, Jennifer Smith (Washington)

Middleton, Scott T. (Washington)

Nelson, Eric (Washington)

Rappaport, Rachel Anne (Washington)

Schafer, Jacqueline G (Washington)

Documents in the Clearinghouse

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
28

2:09-cv-01677

Plaintiff's Motion for Class Certificatin

TR v. Dreyfus

June 24, 2010

June 24, 2010

Pleading / Motion / Brief
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
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

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4410514/tr-v-dreyfus/

Last updated Aug. 6, 2022, 3:20 a.m.

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

Clearinghouse
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER

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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
21

STIPULATION AND PROPOSED ORDER by parties. (Rivera, Frederick) (Entered: 04/08/2010)

April 8, 2010

April 8, 2010

PACER
22

STIPULATED PROTECTIVE ORDER by Judge Thomas S. Zilly. (CL) (Entered: 04/15/2010)

April 14, 2010

April 14, 2010

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

Clearinghouse
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

Clearinghouse
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
41

SEALED DOCUMENT Declaration of P.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

PACER
42

SEALED DOCUMENT Declaration of R.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

PACER
43

SEALED DOCUMENT Declaration of R.R. 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

PACER
44

NOTICE OF WITHDRAWAL OF COUNSEL: Attorney Fiza Asmat Quraishi for Plaintiffs CA, TF, TR, PS, TV, GB, EH, ED, LFS, SP. (Exstrom, Travis) (Entered: 06/25/2010)

June 25, 2010

June 25, 2010

PACER
45

NOTICE of Appearance by attorney Bryn Martyna on behalf of Plaintiffs CA, TF, TR, PS, TV, GB, EH, ED, LFS, SP. (Martyna, Bryn) (Entered: 06/25/2010)

June 25, 2010

June 25, 2010

PACER
46

STIPULATION AND ORDER granting 27 Stipulated Motion to file Declarations in support of pltfs' motion for class certif under seal by Judge Thomas S. Zilly.(RS) (Entered: 06/28/2010)

June 28, 2010

June 28, 2010

PACER
47

Redacted DECLARATION of A.A. in Support of Plaintiffs' Motion for Class Certification related to Order Docket #46 filed 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: 06/29/2010)

June 29, 2010

June 29, 2010

PACER
48

Redacted DECLARATION of B.S. in Support of Plaintiffs' Motion for Class Certification related to Order Docket #46 filed 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: 06/29/2010)

June 29, 2010

June 29, 2010

PACER
49

Redacted DECLARATION of A.D. in Support of Plaintiffs Motion for Class Certification related to Order Docket #46 filed 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: 06/29/2010)

June 29, 2010

June 29, 2010

PACER
50

Redacted DECLARATION of C.D. in Support of Plaintiffs' Motion for Class Certification related to Order Docket #46 filed 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: 06/29/2010)

June 29, 2010

June 29, 2010

PACER
51

Redacted DECLARATION of C.H. in Support of Plaintiffs' Motion for Class Certification related to Order Docket #46 filed 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: 06/29/2010)

June 29, 2010

June 29, 2010

PACER
52

Redacted DECLARATION of D.H. in Support of Plaintiffs' Motion for Class Certification related to Order Docket #46 filed 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: 06/29/2010)

June 29, 2010

June 29, 2010

PACER
53

Redacted DECLARATION of D.F. in Support of Plaintiffs' Motion for Class Certification related to Order Docket #46 filed 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: 06/29/2010)

June 29, 2010

June 29, 2010

PACER
54

Redacted DECLARATION of L.B. in Support of Plaintiffs' Motion for Class Certification related to Order Docket #46 filed 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: 06/29/2010)

June 29, 2010

June 29, 2010

PACER
55

Redacted DECLARATION of P.S. in Support of Plaintiffs' Motion for Class Certification related to Order Docket #46 filed 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: 06/29/2010)

June 29, 2010

June 29, 2010

PACER
56

Redacted DECLARATION of R.R. in Support of Plaintiffs' Motion for Class Certification related to Order Docket #46 filed 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: 06/29/2010)

June 29, 2010

June 29, 2010

PACER
57

Redacted DECLARATION of Regan Bailey in Support of Plaintiffs' Motion for Class Certification related to Order Docket #46 filed 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: 06/29/2010)

June 29, 2010

June 29, 2010

PACER
58

RESPONSE, by Defendant Susan N. Dreyfus, to 28 MOTION to Certify Class. (Attachments: # 1 Exhibit)(Nelson, Eric) (Entered: 07/06/2010)

2 Exhibit

View on PACER

July 6, 2010

July 6, 2010

PACER
59

REPLY, filed by Plaintiffs CA, TF, TR, PS, TV, GB, EH, ED, LFS, SP, TO RESPONSE to 28 MOTION to Certify Class (Exstrom, Travis) (Entered: 07/08/2010)

July 8, 2010

July 8, 2010

PACER
60

ORDER Granting Plaintiff's 28 Motion to Certify Class, by Judge Thomas S. Zilly. The Court appoints Disability Rights Washington, the National Health Law Program, the National Center for Youth Law, and Perkins Coie as class counsel.(CL) (Entered: 07/23/2010)

July 23, 2010

July 23, 2010

Clearinghouse
61

AFFIDAVIT OF SERVICE OF DEPOSITION SUBPOENA upon Custodian of Records for Acumentra Health served on August 20, 2010, filed by Plaintiffs CA, ED, EH, GB, LFS, PS, SP, TF, TR, TV. (Exstrom, Travis) (Entered: 08/23/2010)

Aug. 23, 2010

Aug. 23, 2010

PACER
62

NOTICE of Association of Attorney by Carrie L Bashaw on behalf of Defendant Susan N. Dreyfus. (Bashaw, Carrie) (Entered: 08/26/2010)

Aug. 26, 2010

Aug. 26, 2010

PACER
63

NOTICE OF WITHDRAWAL OF COUNSEL: Attorney Carrie L Bashaw for Defendant Susan N. Dreyfus. (Bashaw, Carrie) (Entered: 08/31/2010)

Aug. 31, 2010

Aug. 31, 2010

PACER
64

NOTICE OF WITHDRAWAL OF COUNSEL: Attorney Sarah Jane Coats for Defendant Susan N. Dreyfus. (Coats, Sarah) (Entered: 09/01/2010)

Sept. 1, 2010

Sept. 1, 2010

PACER
65

NOTICE of Association of Attorney by Catherine R Hoover on behalf of Defendant Susan N. Dreyfus. (Hoover, Catherine) (Entered: 09/02/2010)

Sept. 2, 2010

Sept. 2, 2010

PACER
66

DECLARATION OF SERVICE OF DEPOSITION SUBPOENA upon Charlotte Booth, Executive Director for Family Development served on 9/20/2010. (CL) (Entered: 09/24/2010)

Sept. 23, 2010

Sept. 23, 2010

PACER
67

STIPULATION AND PROPOSED ORDER REGARDING CASE SCHEDULE AND STATUS CONFERENCE by parties. (Bailey, Regan) (Entered: 10/01/2010)

Oct. 1, 2010

Oct. 1, 2010

PACER
68

MINUTE ORDER Striking Trial Date and Related Dates by Judge Thomas S. Zilly, United States District Judge, re 67 Stipulation. (TF) (Entered: 10/25/2010)

Oct. 25, 2010

Oct. 25, 2010

PACER
69

JOINT STATUS REPORT signed by all parties estimated Trial Days: 15.. (Bailey, Regan) (Entered: 11/24/2010)

Nov. 24, 2010

Nov. 24, 2010

PACER
70

MINUTE ORDER by Thomas S. Zilly, United States District Judge. Having reviewed the Joint Status Report, docket no. 69, submitted by the parties, the Court hereby sets the following dates and deadlines: Bench trial set for 9/10/2012, 39.1 mediation to be completed by 8/31/2011, Plaintiffs' expert reports ddl 10/31/2011, Defendant's expert reports ddl 11/30/2011, Discovery completed by 3/16/2012, Dispositive motions due by 3/29/2012, Discovery Motions due by 1/26/2012, Motions in Limine due by 7/26/2012, Agreed Pretrial Order due by 8/17/2012, Proposed Findings of Fact and Conclusions of Law to be submitted by 9/7/2012, by noon, Trial briefs to be submitted by 9/24/2012, Pretrial Conference set for 8/24/2012 at 02:00 PM before Judge Thomas S. Zilly. (CL) Modified text on 12/2/2010 (by adding the bench trial) (CL). (Entered: 12/02/2010)

Dec. 1, 2010

Dec. 1, 2010

PACER
71

APPLICATION OF ATTORNEY Erica Turcios FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiffs CA, ED, EH, GB, LFS, PS, SP, TF, TR, TV (Fee Paid) Receipt No. 0981-2279281. (Bailey, Regan) (Entered: 12/20/2010)

Dec. 20, 2010

Dec. 20, 2010

PACER
72

ORDER re 71 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Erica Turcios for TR, et al by William M. McCool. (No document associated with this docket entry, text only.)(DS) (Entered: 12/21/2010)

Dec. 21, 2010

Dec. 21, 2010

PACER
73

NOTICE of Appearance by attorney Travis A Exstrom on behalf of Plaintiffs CA, ED, EH, GB, LFS, PS, SP, TF, TR, TV. (Exstrom, Travis) (Entered: 12/21/2010)

Dec. 21, 2010

Dec. 21, 2010

PACER
74

JOINT STATUS REPORT signed by all parties estimated Trial Days: 15.. (Rivera, Frederick) (Entered: 02/17/2011)

Feb. 17, 2011

Feb. 17, 2011

PACER
75

APPLICATION OF ATTORNEY Kimberly Lewis FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiffs CA, ED, EH, GB, LFS, PS, SP, TF, TR, TV (Fee Paid) Receipt No. 0981-2350644. (Bailey, Regan) (Entered: 03/03/2011)

March 3, 2011

March 3, 2011

PACER
76

ORDER re 75 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Kimberly Lewis for pltfs TR, CA, ED, EH, GB, LFS, PS, SP, TF, TV, by William M. McCool. (No document associated with this docket entry, text only.)(CL) (Entered: 03/03/2011)

March 3, 2011

March 3, 2011

PACER
77

Stipulated MOTION and Joint Status Report Regarding Mediation by Plaintiffs CA, ED, EH, GB, LFS, PS, SP, TF, TR, TV. (Attachments: # 1 Proposed Order)(Bailey, Regan) (Entered: 03/16/2011)

1 Proposed Order

View on PACER

March 16, 2011

March 16, 2011

Clearinghouse
78

ORDER AMENDING SCHEDULING ORDER, by Judge Thomas S. Zilly. The Court GRANTS the parties' stipulated motion to amend scheduling order, docket no. 77 . Accordingly, the Court hereby sets the following dates and deadlines: 39.1 mediation to be completed by 8/31/2011, Discovery completed by 9/17/2012, Dispositive motions due by 10/25/2012, Discovery Motions due by 7/26/2012, Motions in Limine due by 1/24/2013, Agreed Pretrial Order due by 2/20/2013, Proposed Findings of Fact and Conclusions of Law to be submitted by 3/7/2013, Trial briefs to be submitted by 2/20/2013, Bench Trial is set for 3/11/2013 before Judge Thomas S. Zilly. Pretrial Conference set for 3/1/2013 at 02:00 PM before Judge Thomas S. Zilly. (CL) (Entered: 03/21/2011)

March 21, 2011

March 21, 2011

PACER
79

Stipulated MOTION To Amend Scheduling Order and Third Joint Status Report Regarding Mediation by Plaintiffs CA, ED, EH, GB, LFS, PS, SP, TF, TR, TV. (Bailey, Regan) (Entered: 08/24/2011)

Aug. 24, 2011

Aug. 24, 2011

PACER
80

PROPOSED ORDER (Unsigned) re 79 Stipulated MOTION To Amend Scheduling Order and Third Joint Status Report Regarding Mediation. (Bailey, Regan) (Entered: 08/24/2011)

Aug. 24, 2011

Aug. 24, 2011

PACER
81

ORDER by Judge Thomas S. Zilly. The Court hereby sets October 31, 2011 as the date on which mediation shall be concluded in this matter. (CL) (Entered: 08/30/2011)

Aug. 30, 2011

Aug. 30, 2011

PACER
82

NOTICE of Appearance by attorney Leecia Welch on behalf of Plaintiffs CA, ED, EH, GB, LFS, PS, SP, TF, TR, TV. (Welch, Leecia) (Entered: 09/30/2011)

Sept. 30, 2011

Sept. 30, 2011

PACER
83

AMENDED COMPLAINT with the Opposing Party's Written Consent against defendant(s) All Defendants, filed by PS, SP, TR, ED, CA, EH, TF, TV, LFS.(Rivera, Frederick) (Entered: 10/27/2011)

Oct. 27, 2011

Oct. 27, 2011

Clearinghouse
84

Stipulated MOTION To Amend Scheduling Order and Fourth Joint Status Report Regarding Mediation by Plaintiffs CA, ED, EH, GB, LFS, PS, SP, TF, TR, TV. (Attachments: # 1 Proposed Order) Noting Date 10/28/2011, (Bailey, Regan) (Entered: 10/28/2011)

1 Proposed Order

View on PACER

Oct. 28, 2011

Oct. 28, 2011

PACER
85

ORDER AMENDING SCHEDULING ORDER, by Judge Thomas S. Zilly. The Court GRANTS the parties' 84 stipulated motion to amend scheduling order. Mediation deadline is extended to November 30, 2011. (CL) (Entered: 11/01/2011)

Oct. 31, 2011

Oct. 31, 2011

PACER
86

ANSWER to 83 Amended Complaint and Affirmative Defenses by Susan N. Dreyfus, Douglas Porter.(McIlhenny, John) (Entered: 11/10/2011)

Nov. 10, 2011

Nov. 10, 2011

PACER
87

Stipulated MOTION to Amend Scheduling Order and Fifth Joint Status Report Regarding Mediation by Plaintiffs CA, ED, EH, GB, LFS, PS, SP, TF, TR, TV. (Attachments: # 1 Proposed Order) Noting Date 11/30/2011, (Kas, Susan) (Entered: 11/30/2011)

1 Proposed Order

View on PACER

Nov. 30, 2011

Nov. 30, 2011

PACER
88

ORDER AMENDING SCHEDULING ORDER, by Judge Thomas S. Zilly. Mediation deadline is set for December 20, 2011. (CL) (Entered: 12/02/2011)

Dec. 1, 2011

Dec. 1, 2011

PACER
89

STIPULATION AND PROPOSED ORDER Regarding Mediation by parties. (McIlhenny, John) (Entered: 12/20/2011)

Dec. 20, 2011

Dec. 20, 2011

PACER
90

STIPULATION AND ORDER by Judge Thomas S. Zilly. Having considered the parties' 89 Stipulation, the Court hereby finds that there is good cause to extend mediation herein and the deadline to complete mediation shall be January 20, 2012. (CL) (Entered: 12/22/2011)

Dec. 22, 2011

Dec. 22, 2011

PACER
91

STIPULATION AND PROPOSED ORDER Regarding Mediation by parties. (McIlhenny, John) (Entered: 01/24/2012)

Jan. 24, 2012

Jan. 24, 2012

PACER
92

STIPULATION AND ORDER by Judge Thomas S. Zilly. Based on the parties' stipulation, docket no. 91, the court extends the mediation ddl to February 15, 2012. (CL) (Entered: 01/27/2012)

Jan. 27, 2012

Jan. 27, 2012

PACER
93

JOINT STATUS REPORT signed by all parties estimated Trial Days: 20. Filed by Defendants Susan N. Dreyfus, Douglas Porter.(McIlhenny, John) (Entered: 02/15/2012)

Feb. 15, 2012

Feb. 15, 2012

PACER
94

APPLICATION OF ATTORNEY Erin Liotta FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiffs CA, ED, EH, GB, LFS, PS, SP, TF, TR, TV (Fee Paid) Receipt No. 0981-2729773. (Bailey, Regan) (Entered: 03/01/2012)

March 1, 2012

March 1, 2012

PACER
95

ORDER re 94 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Erin Liotta for CA, ED, EH, GB, LFS, PS, SP, TF, TR, and for TV, by William M. McCool. (No document associated with this docket entry, text only.)(DS) (Entered: 03/01/2012)

March 1, 2012

March 1, 2012

PACER
96

NOTICE of Appearance by attorney Erin Liotta on behalf of Plaintiffs CA, ED, EH, GB, LFS, PS, SP, TF, TR, TV. (Liotta, Erin) (Entered: 03/01/2012)

March 1, 2012

March 1, 2012

PACER
97

NOTICE OF WITHDRAWAL OF COUNSEL: Attorney Bryn Martyna for Plaintiffs CA, ED, EH, GB, LFS, PS, SP, TF, TR, TV. (Liotta, Erin) (Entered: 03/01/2012)

March 1, 2012

March 1, 2012

PACER
98

NOTICE OF WITHDRAWAL OF COUNSEL: Attorney Erica Turcios for Plaintiffs CA, ED, EH, GB, LFS, PS, SP, TF, TR, TV. (Liotta, Erin) (Entered: 03/01/2012)

March 1, 2012

March 1, 2012

PACER
99

DOCUMENT UNSEALED PER 100 ORDER DATE 3/7/12. SEALED DOCUMENT . Stipulation Re Interim Agreement and Joint Motion Amending Case Schedule by Defendants Susan N. Dreyfus, Douglas Porter re 22 Protective Order (Attachments: # 1 Proposed Order)(McIlhenny, John) Modified on 3/7/2012 (MD). (Entered: 03/05/2012)

1 Proposed Order

View on PACER

March 5, 2012

March 5, 2012

Clearinghouse
100

STIPULATION AND ORDER Regarding Stipulated Interim Agreement and Case Schedule Amendments. The trial date of March 11, 2013, and all related deadlines are STRICKEN. All discovery and further litigation activity, other than that described in the Interim Agreement, is STAYED pending further order of the Court. The Parties are DIRECTED to file, not later than June 15, 2013, a Joint Status Report. The Clerk is DIRECTED to UNSEAL the Parties Stipulation and Motion, docket no. 99. The Clerk is further DIRECTED to send a copy of this Order to all counsel of record, by Judge Thomas S. Zilly. (MD) (Entered: 03/07/2012)

March 7, 2012

March 7, 2012

Clearinghouse

Case Details

State / Territory: Washington

Case Type(s):

Public Benefits/Government Services

Disability Rights

Special Collection(s):

Olmstead Cases

Multi-LexSum (in sample)

Key Dates

Filing Date: Nov. 24, 2009

Closing Date: Sept. 8, 2021

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiffs are Medicaid-eligible children with psychiatric and behavioral disorders.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

NDRN/Protection & Advocacy Organizations

National Center for Youth Law

Perkins Coie

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Washington State Department of Social and Health Services, State

Defendant Type(s):

Hospital/Health Department

Case Details

Causes of Action:

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

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

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 3,410,000.00

Order Duration: 2012 - 2021

Content of Injunction:

Discrimination Prohibition

Goals (e.g., for hiring, admissions)

Reasonable Accommodation

Reporting

Issues

General:

Counseling

Deinstitutionalization/decarceration

Family reunification

Government Services

Individualized planning

Juveniles

Parents (visitation, involvement)

Placement in mental health facilities

Public assistance grants

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

Relative caretakers

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

disability, unspecified

Integrated setting

Least restrictive environment

Mental impairment

Mental Disability:

Mental Illness, Unspecified

Medical/Mental Health:

Mental health care, general

Mental health care, unspecified

Benefit Source:

Medicaid