Case: Benjamin v. Pennsylvania Department of Public Welfare

1:09-cv-01182 | U.S. District Court for the Middle District of Pennsylvania

Filed Date: June 22, 2009

Closed Date: June 30, 2018

Clearinghouse coding complete

Case Summary

Individuals with developmental disabilities residing in Pennsylvania's ICF/MR ("intermediate care facilities/intellectual disability") institutions filed this lawsuit claiming that they are inappropriately denied the opportunity to receive services in the community, in violation of the Americans with Disabilities Act under the 1999 Supreme Court precedent Olmstead v. L.C.. The Plaintiffs argue that they are inappropriately institutionalized. They allege that they are candidates for community …

Individuals with developmental disabilities residing in Pennsylvania's ICF/MR ("intermediate care facilities/intellectual disability") institutions filed this lawsuit claiming that they are inappropriately denied the opportunity to receive services in the community, in violation of the Americans with Disabilities Act under the 1999 Supreme Court precedent Olmstead v. L.C.. The Plaintiffs argue that they are inappropriately institutionalized. They allege that they are candidates for community placement and that they wish to live in the community, but the state's policies and procedures (including the failure to use certain state assessment tools, the limitation on the availability of Consolidated Waiver funds, and the state's failure to accept funds from the federal government's "Money Follows the Person" program) prevent their community placement. The Plaintiffs filed their complaint in the U.S. District Court for the Middle District of Pennsylvania on June 22, 2009.

The district court (Judge John E. Jones) granted the Plaintiffs' motion for class certification on September 2, 2009. The Defendants filed a motion to dismiss on on September 24, 2009, but the court denied their motion on January 25, 2010.

On November 10, 2009, a group of ICF/MR residents who wished to continue residing in institutions filed a motion to intervene in the lawsuit, claiming that their interests weren't adequately represented by the class. The District Court (Judge Jones) denied this motion on March 10, 2010, finding that the proposed intervenors would not be considered part of the class (because the class was defined by its members' desire to live in the community) and that their interests were not sufficiently affected by the case, because the outcome would only affect those who wanted to leave institutions. On April 5, 2011, the U.S. Court of Appeals for the Third Circuit affirmed the denial of intervention. 432 Fed.Appx. 94.

In June 2010, the parties filed cross motions for summary judgment. The United States (DOJ Civil Rights Division) filed a brief supporting the Plaintiffs' motion. On January 27, 2011, the court granted summary judgment for the Plaintiffs. Then, on April 29, 2011, the parties entered a settlement agreement and received the court's preliminary approval.

The settlement agreement will, if adopted, create a "Planning List" for ICF/MR residents who wish to transition to the community. The State will implement an integration plan that would move 50 to 100 ICF/MR residents to the community each year for a period of five years and will continue to move individuals on the Planning List to the community until no remaining class members are left in ICF/MR facilities.

In the period leading up to the court's fairness hearing on the class settlement agreement, the group of proposed intervenors (the same individuals whose intervention had been previously denied) once again moved to intervene. On August 16, 2011, the District Court once again denied this motion. Then, on September 2, 2011, the court held a fairness hearing and gave its final approval to the settlement agreement.

The proposed intervenors, however, once again appealed their denial of intervention to the Third Circuit. On December 12, 2012, the Court of Appeals reversed the district court, finding this time that the proposed intervenors had established that they would be adversely affected by the implementation of the settlement agreement, as some ICF/MR institutions would likely close as a result. Therefore, intervention in conjunction with the remedial stage was appropriate. The Court of Appeals ordered that the District Court's September 2011 approval of the settlement agreement be vacated and that the pro-institution individuals be permitted to intervene in order to challenge the settlement and seek decertification of the class. 701 F.3d 938.

On June 11, 2014, Plaintiff and Defendants entered into a revised settlement agreement. The revised settlement agreement was a result of mediation between the plaintiffs, defendants, and the intervenors - thus now recognizing all applicable interests in the case. The revised settlement agreement still utilizes a planning list but at an adequate volume and pace given DPW's budget constraints and administrative burdens. On September 25, 2014, the District Court approved the revised settlement agreement and closed this case.

Summary Authors

Beth Kurtz (3/10/2013)

Maria Ricaurte (2/22/2016)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/1965620/parties/benjamin-v-department-of-public-welfare-of-the-commonwealth-of/


Judge(s)
Attorney for Plaintiff
Attorney for Defendant
Expert/Monitor/Master/Other

Arden, James Daniel (New York)

Bacon, David F. (New York)

Bagenstos, Samuel R. (District of Columbia)

Barkoff, Alison (District of Columbia)

Bohan, Mary (District of Columbia)

show all people

Documents in the Clearinghouse

Document

1:09-cv-01182

Docket [PACER]

Oct. 17, 2014

Oct. 17, 2014

Docket
1

1:09-cv-01182

Complaint

Benjamin v. Department of Welfare of the Commonwealth of Pennsylvania

June 22, 2009

June 22, 2009

Complaint
15

1:09-cv-01182

Unopposed Motion for Class Certification

Benjamin v. Department of Public Welfare of the Commonwealth of Pennsylvania

Aug. 31, 2009

Aug. 31, 2009

Pleading / Motion / Brief
17

1:09-cv-01182

Order Granting Class Certification

Benjamin v. Department of Public Welfare of the Commonwealth of Virginia

Sept. 2, 2009

Sept. 2, 2009

Order/Opinion
20

1:09-cv-01182

Motion to Dismiss

Benjamin v. Department of Public Welfare of the Commonwealth of Virginia

Sept. 24, 2009

Sept. 24, 2009

Pleading / Motion / Brief
21

1:09-cv-01182

Brief in Support of Defendants' Motion to Dismiss Amended Complaint

Benjamin v. Department of Public Welfare of the Commonwealth of Pennsylvania

Sept. 25, 2009

Sept. 25, 2009

Pleading / Motion / Brief
22

1:09-cv-01182

Plaintiffs' Brief in Opposition to Defendants' Motion to Dismiss

Benjamin v. Department of Public Welfare of the Commonwealth of Pennsylvania

Sept. 30, 2009

Sept. 30, 2009

Pleading / Motion / Brief
27

1:09-cv-01182

Proposed Intervenors' Motion for Intervention Pursuant to Fed. R. Civ. P. 24

Benjamin v. Department of Public Welfare of the Commonwealth of Pennsylvania

Nov. 10, 2009

Nov. 10, 2009

Pleading / Motion / Brief
29

1:09-cv-01182

Proposed Intervenors' Memorandum of Law in Support of Motion for Intervention

Benjamin v. Department of Public Welfare of the Commonwealth of Pennsylvania

Nov. 12, 2009

Nov. 12, 2009

Discovery Material/FOIA Release
34

1:09-cv-01182

Plaintiffs' Brief in Opposition to Motion for Intervention Pursuant to Fed. R. CIV. P. 24

Benjamin v. Department of Public Welfare of the Commonwealth of Pennsylvania

Nov. 23, 2009

Nov. 23, 2009

Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/1965620/benjamin-v-department-of-public-welfare-of-the-commonwealth-of/

Last updated March 28, 2026, 5:34 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT - N/C to cnsl.; no jury trial demanded. (Filing fee $350, Receipt Number 1605595) (Attachments: # 1 Civil Cover Sheet)(jc) (Entered: 06/23/2009)

June 22, 2009

June 22, 2009

SUMMONS ISSUED as to Department of Public Welfare of the Commonwealth of Pennsylvania, Estelle B. Richman and provided to Attorney for service on Defendant(s). (jc)

June 23, 2009

June 23, 2009

SPECIAL ADMISSION FORM SENT to Mark J. Murphy. (jc)

June 23, 2009

June 23, 2009

SPECIAL ADMISSION FORM SENT to Stephen F. Gold. (jc)

June 23, 2009

June 23, 2009

2

PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Stephen F. Gold on behalf of all plaintiffs Attorney Stephen Gold is seeking special admission. Filing fee $ 25, receipt number 03140000000001610365.. (Gold, Stephen) (Entered: 06/26/2009)

June 26, 2009

June 26, 2009

3

SPECIAL ADMISSIONS FORM APPROVED as to Stephen F. Gold (eo, ) (Entered: 06/26/2009)

June 26, 2009

June 26, 2009

4

SCHEDULING ORDER: Case Management Conference set for 8/31/2009 (eo, ) (Entered: 07/01/2009)

July 1, 2009

July 1, 2009

5

SCHEDULING ORDER: Case Management Conference set for 8/31/2009 11:30 AM before Honorable John E. Jones III. (eo, ) (Entered: 07/02/2009)

July 2, 2009

July 2, 2009

6

SUMMONS Returned Executed by Wilson Sheppard, Sylvia Baldwin, Franklin Benjamin, Anthony Beard, Richard Grogg, Frank Edgett. Department of Public Welfare of the Commonwealth of Pennsylvania served on 7/1/2009, answer due 7/21/2009; Estelle B. Richman served on 7/1/2009, answer due 7/21/2009. (Meek, Robert) (Entered: 07/02/2009)

July 2, 2009

July 2, 2009

7

MOTION for Extension of Time to to Respond to Complaint by Department of Public Welfare of the Commonwealth of Pennsylvania, Estelle B. Richman. (Attachments: # 1 Certificate of Concurrence, # 2 Proposed Order)(Ulan, Howard) (Entered: 07/10/2009)

July 10, 2009

July 10, 2009

8

ORDER granting 7 Motion to Extend Time (eo, ) (Entered: 07/10/2009)

July 10, 2009

July 10, 2009

9

AMENDED COMPLAINT against all defendants, filed by Sylvia Baldwin, Franklin Benjamin, Anthony Beard, Richard Grogg, Frank Edgett.(Meek, Robert) (Entered: 07/14/2009)

July 14, 2009

July 14, 2009

10

MOTION for Extension of Time to respond to amended complaint by Department of Public Welfare of the Commonwealth of Pennsylvania, Estelle B. Richman. (Attachments: # 1 Certificate of Concurrence, # 2 Proposed Order)(Ulan, Howard) (Entered: 08/10/2009)

Aug. 10, 2009

Aug. 10, 2009

11

First MOTION to Continue case management conference by Department of Public Welfare of the Commonwealth of Pennsylvania, Estelle B. Richman. (Attachments: # 1 Certificate of Concurrence, # 2 Proposed Order)(Ulan, Howard) (Entered: 08/10/2009)

Aug. 10, 2009

Aug. 10, 2009

12

ORDER granting 10 Motion to Extend Time to 9/28/09 to respond to amended complaint (eo, ) (Entered: 08/10/2009)

Aug. 10, 2009

Aug. 10, 2009

13

ORDER granting 11 Motion to Continue CMC. Case Management Conference reset for 9/30/2009 04:00 PM before Honorable John E. Jones III. (eo, ) (Entered: 08/10/2009)

Aug. 10, 2009

Aug. 10, 2009

14

NOTICE of Appearance by Allen C. Warshaw on behalf of all defendants (Warshaw, Allen) (Entered: 08/26/2009)

Aug. 26, 2009

Aug. 26, 2009

15

Unopposed MOTION to Certify Class by Sylvia Baldwin, Franklin Benjamin, Anthony Beard, Richard Grogg, Frank Edgett. (Attachments: # 1 Brief in Support of Plaintiffs' Unopposed Motion for Class Certification, # 2 Exhibits A & B, # 3 Exhibits C through F, # 4 Exhibits G through J, # 5 Proposed Order)(Meek, Robert) (Entered: 08/31/2009)

Aug. 31, 2009

Aug. 31, 2009

16

BRIEF IN SUPPORT re 15 Unopposed MOTION to Certify Class filed by Sylvia Baldwin, Franklin Benjamin, Anthony Beard, Richard Grogg, Frank Edgett.(Meek, Robert) (Entered: 09/01/2009)

Sept. 1, 2009

Sept. 1, 2009

DOCKET ANNOTATION: COUNSEL is adsvised that the Brief in Support contained in Document 15 filed 8/31/09 is to be REDOCKETED using the event BRIEF IN SUPPORT located under RESPONSES/REPLIES (BRIEFS). (jc)

Sept. 1, 2009

Sept. 1, 2009

17

(VACATED PER ORDER 6/12/14)ORDER granting 15 Motion to Certify Class. See order for details. (eo, ) Modified on 6/12/2014 (eo). (Entered: 09/02/2009)

Sept. 2, 2009

Sept. 2, 2009

18

CASE MANAGEMENT PLAN by Sylvia Baldwin, Franklin Benjamin, Anthony Beard, Department of Public Welfare of the Commonwealth of Pennsylvania, Estelle B. Richman, Richard Grogg, Frank Edgett. (Meek, Robert) (Entered: 09/23/2009)

Sept. 23, 2009

Sept. 23, 2009

19

SCHEDULING ORDER: Case Management Conference reset for 9/30/2009 02:30 PM before Honorable John E. Jones III (time change only). (eo, ) (Entered: 09/24/2009)

Sept. 24, 2009

Sept. 24, 2009

20

MOTION to Dismiss Amended Complaint by Department of Public Welfare of the Commonwealth of Pennsylvania, Estelle B. Richman. (Attachments: # 1 Certificate of Nonconcurrence, # 2 Proposed Order, # 3 Brief in Support of Motion to Dismiss)(Ulan, Howard) (Entered: 09/24/2009)

Sept. 24, 2009

Sept. 24, 2009

DOCKET ANNOTATION: COUNSEL is advised that the Brief contained in Document 20 filed 9/24/09 is to be REDOCKETED as a separate document using the event BRIEF IN SUPPORT located under RESPONSES/REPLES (BRIEFS). (jc)

Sept. 24, 2009

Sept. 24, 2009

21

BRIEF IN SUPPORT re 20 MOTION to Dismiss Amended Complaint filed by Department of Public Welfare of the Commonwealth of Pennsylvania, Estelle B. Richman.(Ulan, Howard) (Entered: 09/25/2009)

Sept. 25, 2009

Sept. 25, 2009

22

BRIEF IN OPPOSITION re 20 MOTION to Dismiss Amended Complaint filed by Sylvia Baldwin, Franklin Benjamin, Anthony Beard, Richard Grogg, Frank Edgett. (Attachments: # 1 Attachment A, # 2 Attachment B, # 3 Attachment C, # 4 Attachment D, # 5 Attachment E, # 6 Proposed Order)(Meek, Robert) (Entered: 09/30/2009)

Sept. 30, 2009

Sept. 30, 2009

24

ORDER #1- STANDARD CASE MANAGEMENT TRACK Discovery due by 6/15/2010. Jury Selection set for 10/4/2010 09:30AM before Honorable John E. Jones III. Motions due by 7/1/2010. Pretrial Conference set for 9/1/2010 (eo, ) (Entered: 09/30/2009)

Sept. 30, 2009

Sept. 30, 2009

25

ORDER #2- Practice Order. (eo, ) (Entered: 09/30/2009)

Sept. 30, 2009

Sept. 30, 2009

26

REPLY BRIEF re 20 MOTION to Dismiss Amended Complaint filed by Department of Public Welfare of the Commonwealth of Pennsylvania, Estelle B. Richman.(Ulan, Howard) (Entered: 10/15/2009)

Oct. 15, 2009

Oct. 15, 2009

27

Proposed MOTION to Intervene Pursuant to Fed.R.Civ.P.24 by Daniel Bastek, Maria Meo, Craig Springstead, Michael Storm, Beth Ann Lambo, Richard Clarke, Richard Kohler, Wilson Sheppard. (Attachments: # 1 Proposed Order, # 2 Memorandum of Law with Ex.s A and B, # 3 Certificate of Concurrence)(Murray, William) (Entered: 11/10/2009)

Nov. 10, 2009

Nov. 10, 2009

28

Proposed Intervenors' ANSWER to 9 Amended Complaint by Maria Meo, Craig Springstead, Daniel Bastek, Michael Storm, Beth Ann Lambo, Richard Clarke, Richard Kohler, Wilson Sheppard.(Murray, William) (Entered: 11/10/2009)

Nov. 10, 2009

Nov. 10, 2009

29

BRIEF IN SUPPORT re 27 Proposed MOTION to Intervene Pursuant to Fed.R.Civ.P.24 filed by Maria Meo, Craig Springstead, Daniel Bastek, Michael Storm, Beth Ann Lambo, Richard Clarke, Richard Kohler, Wilson Sheppard.(Murray, William) (Entered: 11/12/2009)

Nov. 12, 2009

Nov. 12, 2009

DOCKET ANNOTATION: Counsel is advised that the 'Brief in Support' to Document 27 is to be refiled as a seperate document. This event can be located under 'Responses and Replies'. (aaa )

Nov. 12, 2009

Nov. 12, 2009

30

PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by John E. Riley on behalf of Maria Meo, Craig Springstead, Daniel Bastek, Michael Storm, Beth Ann Lambo, Richard Clarke, Richard Kohler, Wilson Sheppard Attorney Michael Rato is seeking special admission. Filing fee $ 25, receipt number 03140000000001723841., filed by on behalf of Maria Meo, Craig Springstead, Daniel Bastek, Michael Storm, Beth Ann Lambo, Richard Clarke, Richard Kohler, Wilson Sheppard.(Riley, John) (Entered: 11/16/2009)

Nov. 16, 2009

Nov. 16, 2009

31

PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by John E. Riley on behalf of Maria Meo, Craig Springstead, Daniel Bastek, Michael Storm, Beth Ann Lambo, Richard Clarke, Richard Kohler, Wilson Sheppard Attorney Sarah Goldstein is seeking special admission. Filing fee $ 25, receipt number 03140000000001723916., filed by on behalf of Maria Meo, Craig Springstead, Daniel Bastek, Michael Storm, Beth Ann Lambo, Richard Clarke, Richard Kohler, Wilson Sheppard.(Riley, John) (Entered: 11/16/2009)

Nov. 16, 2009

Nov. 16, 2009

DOCKET ANNOTATION: New York State Bar Record verified for Michael Rato and Sarah M. Goldstein. PA State Bar Record verified for John E. Riley. (jc)

Nov. 16, 2009

Nov. 16, 2009

32

SPECIAL ADMISSIONS FORM APPROVED as to Michael Rato (eo, ) (Entered: 11/18/2009)

Nov. 18, 2009

Nov. 18, 2009

33

SPECIAL ADMISSIONS FORM APPROVED as to Sarah Goldstein (eo, ) (Entered: 11/18/2009)

Nov. 18, 2009

Nov. 18, 2009

34

BRIEF IN OPPOSITION re 27 Proposed MOTION to Intervene Pursuant to Fed.R.Civ.P.24 filed by Sylvia Baldwin, Franklin Benjamin, Anthony Beard, Richard Grogg, Frank Edgett. (Attachments: # 1 Attachment A, # 2 Attachment B, # 3 Attachment C, # 4 Proposed Order)(Meek, Robert) (Entered: 11/23/2009)

Nov. 23, 2009

Nov. 23, 2009

35

STIPULATION AND ORDER by Wilson Sheppard, Sylvia Baldwin, Franklin Benjamin, Anthony Beard, Department of Public Welfare of the Commonwealth of Pennsylvania, Estelle B. Richman, Richard Grogg, Frank Edgett, Daniel Bastek, filed by Wilson Sheppard, Sylvia Baldwin, Franklin Benjamin, Anthony Beard, Department of Public Welfare of the Commonwealth of Pennsylvania, Estelle B. Richman, Richard Grogg, Frank Edgett, Daniel Bastek.(Warshaw, Allen) (Entered: 12/01/2009)

Dec. 1, 2009

Dec. 1, 2009

36

ORDER approving stipulation. (eo, ) (Entered: 12/01/2009)

Dec. 1, 2009

Dec. 1, 2009

DOCKET ANNOTATION: Doc. #35 deleted. Counsel instructed to refile documents with signatures or s/. (eo, )

Dec. 1, 2009

Dec. 1, 2009

37

REPLY BRIEF re 27 Proposed MOTION to Intervene Pursuant to Fed.R.Civ.P.24 filed by Maria Meo, Craig Springstead, Daniel Bastek, Michael Storm, Beth Ann Lambo, Richard Clarke, Richard Kohler, Wilson Sheppard.(Murray, William) (Entered: 12/07/2009)

Dec. 7, 2009

Dec. 7, 2009

38

ORDER denying 20 Motion to Dismiss the Amended Complaint. See order for details. (eo, ) (Entered: 01/25/2010)

Jan. 25, 2010

Jan. 25, 2010

39

ANSWER to 9 Amended Complaint by Department of Public Welfare of the Commonwealth of Pennsylvania, Estelle B. Richman.(Warshaw, Allen) (Entered: 02/24/2010)

Feb. 24, 2010

Feb. 24, 2010

40

Letter from Proposed Intervenors concerning intervention motion and status of discovery & settlement discussions. (Rato, Michael) (Entered: 02/25/2010)

Feb. 25, 2010

Feb. 25, 2010

41

MEMORANDUM AND ORDER: The Applicant's Motion to Intervene 27 has been DENIED. Signed by Honorable John E. Jones, III on 3/10/10. (pw, ) (Entered: 03/10/2010)

March 10, 2010

March 10, 2010

41

MEMORANDUM AND ORDER: The Applicant's Motion to Intervene 27 has been DENIED. Signed by Honorable John E. Jones, III on 3/10/10. (pw, )

March 10, 2010

March 10, 2010

RECAP
42

NOTICE OF APPEAL in NON-PRISONER Case as to 41 Memorandum & Order by Maria Meo, Craig Springstead, Daniel Bastek, Michael Storm, Beth Ann Lambo, Richard Clarke, Richard Kohler, Wilson Sheppard. Filing Fee and Docket Fee PAID. Filing fee $ 455, receipt number 03140000000001838212. The Clerk's Office hereby certifies the record and the docket sheet available through ECF to be the certified list in lieu of the record and/or the certified copy of the docket entries. (Attachments: # 1 Exhibit(s) March 10, 2010 Memorandum & Order)(Rato, Michael) (Entered: 03/30/2010)

March 30, 2010

March 30, 2010

43

USCA Case Number 10-1908 for 42 Notice of Appeal,, filed by Michael Storm, Daniel Bastek, Craig Springstead, Wilson Sheppard, Maria Meo, Richard Clarke, Richard Kohler, Beth Ann Lambo. USCA Case Manager Tina Koperna (DOCUMENT IS RESTRICTED AND CAN ONLY BE VIEWED BY COURT STAFF). (Koperna, Tina) (Entered: 03/31/2010)

March 31, 2010

March 31, 2010

44

AFFIDAVIT of Service for Notice of Appeal served on Counsel for Plaintiffs and Defendant on March 30, 2010, filed by Maria Meo, Craig Springstead, Daniel Bastek, Michael Storm, Beth Ann Lambo, Richard Clarke, Richard Kohler, Wilson Sheppard, Maria Kashatus. (Rato, Michael) (Entered: 04/05/2010)

April 5, 2010

April 5, 2010

45

TRANSCRIPT PURCHASE ORDER REQUEST by Maria Meo, Craig Springstead, Daniel Bastek, Michael Storm, Beth Ann Lambo, Richard Clarke, Richard Kohler, Wilson Sheppard, Maria Kashatus (Rato, Michael) (Entered: 04/05/2010)

April 5, 2010

April 5, 2010

SUPPLEMENTAL RECORD on Appeal transmitted to US Court of Appeals re 45 TPO (Transcript Purchase Order Request)Filed, 44 Affidavit of Service,. Documents and Docket Sheet available through ECF. The Clerk's Office hereby certifies the record and the docket sheet available through ECF to be the certified list in lieu of the record and/or the certified copy of the docket entries. (jc)

April 6, 2010

April 6, 2010

46

MOTION to Exceed Page Limitation for Brief in Support of Plaintiffs' Motion for Summary Judgment by Sylvia Baldwin, Franklin Benjamin, Anthony Beard, Richard Grogg, Frank Edgett. (Attachments: # 1 Certificate of Concurrence, # 2 Proposed Order)(Meek, Robert) (Entered: 06/11/2010)

June 11, 2010

June 11, 2010

47

ORDER granting 46 Motion for Leave to File Excess Pages. Plaintiffs have leave to file an overlength brief in support of their Motion for Summary Judgment that does not exceed 10,000 words. Signed by Honorable John E. Jones, III on 6/11/10 (pw, ) (Entered: 06/11/2010)

June 11, 2010

June 11, 2010

48

MOTION for Summary Judgment by Sylvia Baldwin, Franklin Benjamin, Anthony Beard, Richard Grogg, Frank Edgett. (Attachments: # 1 Table of Exhibits in Support of Plaintiffs' Motion for Summary Judgment, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13, # 15 Exhibit 14, # 16 Exhibit 15, # 17 Exhibit 16, # 18 Exhibit 17, # 19 Exhibit 18, # 20 Exhibit 19, # 21 Exhibit 20, # 22 Exhibit 21, # 23 Exhibit 22, # 24 Exhibit 23, # 25 Exhibit 24, # 26 Exhibit 25, # 27 Exhibit 26, # 28 Certificate of Nonconcurrence)(Meek, Robert) (Entered: 06/23/2010)

June 23, 2010

June 23, 2010

49

BRIEF IN SUPPORT re 48 MOTION for Summary Judgment filed by Sylvia Baldwin, Franklin Benjamin, Anthony Beard, Richard Grogg, Frank Edgett. (Attachments: # 1 Proposed Order, # 2 Statement of Undisputed Facts in Support of Plaintiffs' Motion for Summary Judgment)(Meek, Robert) (Entered: 06/23/2010)

June 23, 2010

June 23, 2010

50

STATEMENT OF FACTS re 48 MOTION for Summary Judgment, 49 Brief in Support, by Sylvia Baldwin, Franklin Benjamin, Anthony Beard, Richard Grogg, Frank Edgett. (Meek, Robert) (Entered: 06/24/2010)

June 24, 2010

June 24, 2010

DOCKET ANNOTATION: COUNSEL is advised that the Statement of Undisputed Facts contained in Document 49 filed 6/23/10 are to be REDOCKETED using the event STATEMENT OF FACTS located under OTHER ANSWERS/RESPONSE TO HABEAS PETITION. (jc )

June 24, 2010

June 24, 2010

51

MOTION for Summary Judgment by Estelle B. Richman. (Attachments: # 1 Proposed Order, # 2 Defendants' Statement of Undisputed Facts in Support of Defendants' Motion for Summary Judgment, # 3 Exhibit(s) Exh. 1, # 4 Exhibit(s) Exh. 2, # 5 Exhibit(s) Exh. 3, # 6 Exhibit(s) Exh. 4, # 7 Memorandum of Law in Support of Defendants' Motion for Summary Judgment)(Warshaw, Allen) (Entered: 06/29/2010)

June 29, 2010

June 29, 2010

52

STATEMENT OF FACTS filed by Estelle B. Richman.(Warshaw, Allen) (Entered: 06/30/2010)

June 30, 2010

June 30, 2010

53

BRIEF IN SUPPORT re 51 MOTION for Summary Judgment filed by Estelle B. Richman.(Warshaw, Allen) (Entered: 06/30/2010)

June 30, 2010

June 30, 2010

DOCKET ANNOTATION: Counsel is advised that they are to refile their 'Statement of Facts' and their 'Brief in Support' to Document 51 as seperate events. These events can be located under Responses and Replies. (aaa )

June 30, 2010

June 30, 2010

54

MOTION for Order by Estelle B. Richman. (Attachments: # 1 Motion for Enlargement)(Warshaw, Allen) (Entered: 07/01/2010)

July 1, 2010

July 1, 2010

56

ORDER granting 54 Motion for Extension until 7/12/10 to File Response (eo, ) (Entered: 07/06/2010)

July 6, 2010

July 6, 2010

57

STATEMENT OF FACTS Undisputed Facts in Support of Defendants' Motion for Summary Judgment filed by Department of Public Welfare of the Commonwealth of Pennsylvania, Estelle B. Richman.(Warshaw, Allen) (Entered: 07/06/2010)

July 6, 2010

July 6, 2010

58

EXHIBIT #5 filed by Department of Public Welfare of the Commonwealth of Pennsylvania re 51 MOTION for Summary Judgment. (pjr) (Entered: 07/06/2010)

July 6, 2010

July 6, 2010

59

MAIL RETURNED (Doc. 37) as "Refused". Mail sent to Pasqual J. Depena-Rondon. (pjr) (Entered: 07/06/2010)

July 6, 2010

July 6, 2010

DOCKET ANNOTATION: COUNSEL is advised that Document 55 filed 7/6/10 is to be REDOCKETED. Document is a statement of undisputed facts NOT a motion to amend. (jc)

July 6, 2010

July 6, 2010

DOCKET ANNOTATION: At the request of counsel, doc. 55 deleted. Document has been refiled as a Statement of Undisputed Facts. (pjr)

July 6, 2010

July 6, 2010

60

MOTION for Leave to File A Limited Brief As Amicus Curiae by UNITED STATES OF AMERICA. (Attachments: # 1 Proposed Order, # 2 Certificate of Concurrence)(Trepel, Samantha) (Entered: 07/07/2010)

July 7, 2010

July 7, 2010

61

BRIEF IN SUPPORT re 60 MOTION for Leave to File A Limited Brief As Amicus Curiae filed by UNITED STATES OF AMERICA.(Trepel, Samantha) (Entered: 07/07/2010)

July 7, 2010

July 7, 2010

62

BRIEF IN SUPPORT re 48 MOTION for Summary Judgment, 60 MOTION for Leave to File A Limited Brief As Amicus Curiae filed by UNITED STATES OF AMERICA.(Trepel, Samantha) (Entered: 07/07/2010)

July 7, 2010

July 7, 2010

63

MOTION to Substitute Attorney Michael Rato by Maria Meo, Craig Springstead, Daniel Bastek, Michael Storm, Beth Ann Lambo, Richard Clarke, Richard Kohler, Wilson Sheppard, Maria Kashatus.(Rato, Michael) (Entered: 07/08/2010)

July 8, 2010

July 8, 2010

SPECIAL ADMISSION FORM AND ECF REGISTRATION FORM SENT to Owen H. Smith. (jc)

July 8, 2010

July 8, 2010

64

ORDER granting 60 Motion for Leave to File.Signed by Honorable John E. Jones, III on 07/09/2010 (pjr) (Entered: 07/09/2010)

July 9, 2010

July 9, 2010

65

BRIEF IN OPPOSITION re 51 MOTION for Summary Judgment filed by Sylvia Baldwin, Franklin Benjamin, Anthony Beard, Richard Grogg, Frank Edgett. (Attachments: # 1 Plaintiffs' Response to Defendants' Statement of Undisputed Facts, # 2 Table of Exhibits, # 3 Exhibit 27, # 4 Exhibit 28, # 5 Exhibit 29, # 6 Exhibit 30, # 7 Exhibit 31, # 8 Exhibit 32, # 9 Exhibit 33, # 10 Exhibit 34, # 11 Exhibit 35, # 12 Exhibit 36, # 13 Exhibit 37, # 14 Exhibit 38, # 15 Exhibit 39, # 16 Exhibit 40, # 17 Exhibit 41, # 18 Exhibit 42, # 19 Proposed Order)(Meek, Robert) (Entered: 07/12/2010)

July 12, 2010

July 12, 2010

66

BRIEF IN OPPOSITION re 48 MOTION for Summary Judgment of Plaintiffs' filed by Harriet Dichter, Department of Public Welfare of the Commonwealth of Pennsylvania. (Attachments: # 1 Exhibit(s) Defendants' Response to Plaintiffs' Statement of Uncontested Facts, # 2 Exhibit(s) Defendants' Statement of Uncontested Facts in Opposition to Plaintiffs' Motion for Summary Judgment, # 3 Exhibit(s) Exhibit A to Defendants' Brief in Opposition to Plaintiffs' Motion for Summary Judgment, # 4 Exhibit(s) Exhibit B to Defendants' Brief in Opposition to Plaintiffs' Motion for Summary Judgment, # 5 Exhibit(s) Exhibit C to Defendants' Brief in Opposition to Plaintiffs' Motion for Summary Judgment, # 6 Exhibit(s) Exhibit D to Defendants' Brief in Opposition to Plaintiffs' Motion for Summary Judgment, # 7 Exhibit(s) Exhibit E to Defendants' Brief in Opposition to Plaintiffs' Motion for Summary Judgment, # 8 Exhibit(s) Exhibit F to Defendants' Brief in Opposition to Plaintiffs' Motion for Summary Judgment, # 9 Exhibit(s) Exhibit G to Defendants' Brief in Opposition to Plaintiffs' Motion for Summary Judgment, # 10 Exhibit(s) Exhibit H to Defendants' Brief in Opposition to Plaintiffs' Motion for Summary Judgment, # 11 Exhibit(s) Exhibit I to Defendants' Brief in Opposition to Plaintiffs' Motion for Summary Judgment, # 12 Exhibit(s) Exhibit J to Defendants' Brief in Opposition to Plaintiffs' Motion for Summary Judgment)(Warshaw, Allen) (Entered: 07/14/2010)

July 14, 2010

July 14, 2010

67

Unopposed MOTION to Continue pre-trial conference by Department of Public Welfare of the Commonwealth of Pennsylvania, Harriet Dichter. (Attachments: # 1 Exhibit(s) Proposed order)(Warshaw, Allen) (Entered: 07/16/2010)

July 16, 2010

July 16, 2010

68

REPLY BRIEF re 48 MOTION for Summary Judgment filed by Sylvia Baldwin, Franklin Benjamin, Anthony Beard, Richard Grogg, Frank Edgett. (Attachments: # 1 Table of Exhibits, # 2 Exhibit 43, # 3 Exhibit 44, # 4 Exhibit 45, # 5 Exhibit 46, # 6 Exhibit 47, # 7 Exhibit 48, # 8 Exhibit 49, # 9 Exhibit 50, # 10 Exhibit 51)(Meek, Robert) (Entered: 07/26/2010)

July 26, 2010

July 26, 2010

69

ANSWER TO STATEMENT OF FACTS re 68 Reply Brief, 66 Brief in Opposition,,,,,, filed by Sylvia Baldwin, Franklin Benjamin, Anthony Beard, Richard Grogg, Frank Edgett.(Meek, Robert) (Entered: 07/26/2010)

July 26, 2010

July 26, 2010

70

REPLY BRIEF re 51 MOTION for Summary Judgment filed by Department of Public Welfare of the Commonwealth of Pennsylvania, Harriet Dichter.(Warshaw, Allen) (Entered: 07/26/2010)

July 26, 2010

July 26, 2010

71

SCHEDULING ORDER: Pretrial Conference set for 9/1/2010 01:30 PM in Harrisburg before Honorable John E. Jones III. (eo, ) (Entered: 08/04/2010)

Aug. 4, 2010

Aug. 4, 2010

72

ORDER - Case is sticken from the October 2010 trial term. PTC on 9/1/10 and JS on 10/4/10 are cancelled. Case will be placed on a term following a ruling on the dispositive motion. (eo, ) (Entered: 08/04/2010)

Aug. 4, 2010

Aug. 4, 2010

73

ORDER- By 10/8/10 stipulation as to willingness to mediate shall be filed (eo, ) (Entered: 10/05/2010)

Oct. 5, 2010

Oct. 5, 2010

74

STIPULATION re mediation by Department of Public Welfare of the Commonwealth of Pennsylvania. (Warshaw, Allen) (Entered: 10/05/2010)

Oct. 5, 2010

Oct. 5, 2010

75

ORDER REFERRING CASE for Settlement to Magistrate Judge Martin C. Carlson. (eo, ) (Entered: 10/06/2010)

Oct. 6, 2010

Oct. 6, 2010

76

MOTION Participate in Mediation re 74 Stipulation by UNITED STATES OF AMERICA. (Attachments: # 1 Proposed Order, # 2 Certificate of Concurrence and Non-Concurrence)(Mazor, Marina) (Entered: 10/08/2010)

Oct. 8, 2010

Oct. 8, 2010

77

BRIEF IN SUPPORT re 76 MOTION Participate in Mediation re 74 Stipulation filed by UNITED STATES OF AMERICA.(Mazor, Marina) (Entered: 10/12/2010)

Oct. 12, 2010

Oct. 12, 2010

DOCKET ANNOTATION: COUNSEL is advised that Document 77 filed 10/8/10 is to be REDOCKETED using the event BRIEF IN SUPPORT located under RESPONSES/REPLIES (BRIEFS). (jc)

Oct. 12, 2010

Oct. 12, 2010

DOCKET ANNOTATION: DOC # 77 deleted due to filing error; Counsel to re-file corrected document. (kn, )

Oct. 12, 2010

Oct. 12, 2010

78

ORDER - Given that there is no consensus among the parties regarding the value of the participation of the United States in settlement discussions, and taking into account the fact that the United States has provided a thorough and cogent expression of its views in its prior amicus filings, we will decline this request at the present time. Signed by Magistrate Judge Martin C. Carlson on October 13, 2010. (kjn ) (Entered: 10/13/2010)

Oct. 13, 2010

Oct. 13, 2010

79

SCHEDULING ORDER - Settlement Conference set for 11/19/2010 at 1:00 PM in Harrisburg before Magistrate Judge Martin C. Carlson. Confidential settlement memorandums due by 11/12/2010. SEE ORDER FOR COMPLETE DETAILS. Signed by Magistrate Judge Martin C. Carlson on October 13, 2010. (kjn ) (Entered: 10/13/2010)

Oct. 13, 2010

Oct. 13, 2010

80

MOTION for Leave to Participate in Mediation and Memorandum in Support of Springstead Intervenors' Motion for Leave to Participate in Mediation by Maria Meo, Craig Springstead, Daniel Bastek, Michael Storm, Beth Ann Lambo, Richard Clarke, Richard Kohler, Wilson Sheppard, Maria Kashatus. (Attachments: # 1 Certificate of Nonconcurrence Certificate of Concurrence and Non-Concurrence, # 2 Proposed Order Order Granting Springstead Intervenors' Motion for Leave to Participate in Mediation)(Riley, John) (Entered: 10/19/2010)

Oct. 19, 2010

Oct. 19, 2010

81

BRIEF IN SUPPORT of Springstead Intervenors' re 80 MOTION for Leave to Participate in Mediation and Memorandum in Support of Springstead Intervenors' Motion for Leave to Participate in Mediation filed by Maria Meo, Craig Springstead, Daniel Bastek, Michael Storm, Beth Ann Lambo, Richard Clarke, Richard Kohler, Wilson Sheppard, Maria Kashatus.(Riley, John) (Entered: 10/19/2010)

Oct. 19, 2010

Oct. 19, 2010

82

ORDER denying 80 Motion to Participate in settlement discussions. Signed by Magistrate Judge Martin C. Carlson on October 21, 2010. (kjn ) (Entered: 10/21/2010)

Oct. 21, 2010

Oct. 21, 2010

83

MOTION to Stay Formal Proceedings by Daniel Bastek, Richard Clarke, Maria Kashatus, Richard Kohler, Beth Ann Lambo, Maria Meo, Wilson Sheppard, Craig Springstead, Michael Storm.(Riley, John) (Entered: 11/19/2010)

Nov. 19, 2010

Nov. 19, 2010

85

ORDER - IT IS HEREBY ORDERED THAT the parties confer and consult, and notify the Court in writing on or before December 7, 2010, whether further settlement discussions would be helpful in resolving this matter. Status Report due by 12/7/2010. Signed by Magistrate Judge Martin C. Carlson on November 22, 2010. (kjn ) (Entered: 11/22/2010)

Nov. 22, 2010

Nov. 22, 2010

86

BRIEF IN OPPOSITION re 83 MOTION to Stay Formal Proceedings filed by Sylvia Baldwin, Anthony Beard, Franklin Benjamin, Frank Edgett, Richard Grogg. (Attachments: # 1 Proposed Order)(Meek, Robert) (Entered: 12/03/2010)

Dec. 3, 2010

Dec. 3, 2010

Case Details

State / Territory:

Pennsylvania

Case Type(s):

Public Benefits/Government Services

Healthcare Access and Reproductive Issues

Special Collection(s):

Multi-LexSum (in sample)

Olmstead Cases

Key Dates

Filing Date: June 22, 2009

Closing Date: June 30, 2018

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiffs are individuals with developmental disabilities who reside in ICF/MR institutions in Pennsylvania but wish to live in the community.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

NDRN/Protection & Advocacy Organizations

Steve Gold

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

State

Pennsylvania Department of Public Welfare

Defendant Type(s):

Hospital/Health Department

Jurisdiction-wide

Facility Type(s):

Government-run

Case Details

Causes of Action:

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

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

Other Dockets:

Middle District of Pennsylvania 1:09-cv-01182

U.S. Court of Appeals for the Third Circuit 11-03685

U.S. Court of Appeals for the Third Circuit 10-01908

U.S. Court of Appeals for the Third Circuit 11-03684

Available Documents:

Any published opinion

Complaint (any)

Injunctive (or Injunctive-like) Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Attorneys fees

Injunction / Injunctive-like Settlement

None yet

Preliminary injunction / Temp. restraining order

Source of Relief:

None yet

Settlement

Form of Settlement:

Private Settlement Agreement

Content of Injunction:

Discrimination Prohibition

Monitoring

Preliminary relief granted

Reporting

Order Duration: 2011 - 2016

Issues

General/Misc.:

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

Wait lists

Benefits (Source):

Medicaid

Disability and Disability Rights:

Integrated setting

Intellectual/developmental disability, unspecified

Least restrictive environment

Mental impairment

Discrimination Basis:

Disability (inc. reasonable accommodations)

Jails, Prisons, Detention Centers, and Other Institutions:

Deinstitutionalization/decarceration

Medical/Mental Health Care:

Intellectual/Developmental Disability

Recommended Citation