Case: United States v. Virginia

3:12-cv-00059 | U.S. District Court for the Eastern District of Virginia

Filed Date: Jan. 26, 2012

Case Ongoing

Clearinghouse coding complete

Case Summary

On February 10, 2011, the United States Department of Justice (Civil Rights Division, Special Litigation Section) released a letter of findings detailing the results of its investigation into the institutionalization of individuals with intellectual and developmental disabilities in Virginia. The investigation focused specifically on the Central Virginia Training Center (CVTC), an intermediate care facility for persons with developmental disabilities (ICF/DD), but also considered the statewide…

On February 10, 2011, the United States Department of Justice (Civil Rights Division, Special Litigation Section) released a letter of findings detailing the results of its investigation into the institutionalization of individuals with intellectual and developmental disabilities in Virginia. The investigation focused specifically on the Central Virginia Training Center (CVTC), an intermediate care facility for persons with developmental disabilities (ICF/DD), but also considered the statewide institutionalization of this population (DOJ's involvement began as an investigation of CVTC pursuant to the Civil Rights of Institutionalized Persons Act but later expanded to include the statewide system's compliance with the ADA). The DOJ concluded that Virginia was systematically violating the Americans with Disabilities Act under the 1999 Supreme Court precedent, Olmstead v. LC, in forcing the unnecessary institutionalization of people with disabilities. The DOJ found a lack of sufficient community-based services available to this population, an unreasonably long waiting list for Medicaid waiver services, inadequate discharge planning at CVTC, and other deficiencies. According to the DOJ, these policies lead to a situation in which individuals with developmental disabilities were housed unnecessarily in institutions and were unable to either remain in the community or transition from an institution to a community placement.

Nearly one year later, the DOJ and Virginia entered into a settlement agreement to remedy the deficiencies outlined in the findings letter. The DOJ filed a complaint and settlement agreement in the U.S. District Court for the Eastern District of Virginia on January 26, 2012. The court (Judge John A. Gibney, Jr.) gave preliminary approval to the agreement and allowed interested parties to submit letters and amici curiae briefs to the court in advance of the final approval of the settlement. On March 2, 2012, several individuals then living in institutions filed a motion to intervene in the litigation, claiming that they wished to remain in institutions and that the proposed settlement would force the closing of their institutions. The court found that they had adequately demonstrated that they stood to be affected by the outcome of the litigation and granted their intervention in the case on May 9, 2012. 282 F.R.D. 403. The intervenors then filed a motion to dismiss, challenging the United States' authority to bring the claim to enforce the ADA.

On June 5, 2012, the court denied the intervenors' motion to dismiss, finding that DOJ's ADA enforcement authority included the ability to investigate and file suit in federal court as had occurred here, and that the government had followed all necessary procedures.

On August 23, 2012, the court finalized its approval of the settlement between the United States and Virginia. Under the settlement, Virginia agreed to increase its community-based services for people with intellectual and developmental disabilities. The goal of the agreement was to prevent individuals living in their communities from being forced into institutions, and to allow those living in institutions to transition to their communities. Virginia agreed to create additional slots on its Home and Community Based Services Medicaid waiver programs and to allow those on the waitlist to begin receiving services. The state also agreed to provide crisis services and employment training.

Reports from the independent reviewer over the next three years noted significant progress in certain areas, including the discharge of adults from institutions and development of adult crisis services. However, in other areas, progress lagged. On September 23, 2015, the DOJ submitted a motion for a court-ordered schedule of implementation. Shortly afterward, the Intervenors filed a statement of interest asking that the court suspend the closure of remaining institutions until the State could show that adequate financial and community support structures were in place.

Before the court made a determination on the DOJ's schedule motion, the parties negotiated and agreed on specific implementation schedules. The DOJ subsequently withdrew its motion in January 2016.

On August 4, 2017, the Intervenors filed a motion for injunctive relief. The Intervenors alleged that several former residents who had never voluntarily consented to a move from the State Training Centers were coerced by the State into transitioning into the community. They asked that the court permanently enjoin the State from forcibly removing residents from Training Centers and that it issue a declaratory judgment stating that the State had acted in violation of state laws.

A hearing on the motion took place on November 6, 2017. On February 2, 2018, the court (Judge Gibney) denied the Intervenors' motion. The court found that though the Intervenors had standing to pursue their motion for injunctive relief, the court did not have subject matter jurisdiction over the motion because the Intervenors' claims did not form part of the same case or controversy as the DOJ's ADA claims and, further, because Eleventh Amendment sovereign immunity prevents federal courts from enjoining states based on state law claims. Even if it had jurisdiction, the court found that the Intervenors did not meet the standard for an award of injunctive relief.

The court began the process of terminating the case in 2019. After a hearing on April 23, 2019, however, Judge Gibney found that the defendants had not complied with the terms of the consent decree, and that monitoring should continue. As of April 14, 2020, this case is ongoing and the independent reviewer continues to submit reports on compliance with the settlement agreement.

Summary Authors

Beth Kurtz (3/11/2013)

Lauren Latterell Powell (11/2/2017)

Sarah McDonald (8/12/2018)

Alex Moody (4/14/2020)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4405914/parties/united-states-v-commonwealth-of-virginia/


Judge(s)

Gibney, John Adrian Jr. (Virginia)

Attorneys(s) for Plaintiff

Barkoff, Alison (District of Columbia)

Cuncannan, Jacqueline (District of Columbia)

Farano, Richard J. (District of Columbia)

Herman, Vincent P. (District of Columbia)

Hill, Eve L. (District of Columbia)

Keen, Jennifer Wu (District of Columbia)

Macbride, Neil H (Virginia)

Mcintosh, Robert P (Virginia)

Perez, Thomas E. (District of Columbia)

Judge(s)

Gibney, John Adrian Jr. (Virginia)

Attorneys(s) for Plaintiff

Barkoff, Alison (District of Columbia)

Cuncannan, Jacqueline (District of Columbia)

Farano, Richard J. (District of Columbia)

Herman, Vincent P. (District of Columbia)

Hill, Eve L. (District of Columbia)

Keen, Jennifer Wu (District of Columbia)

Macbride, Neil H (Virginia)

Mcintosh, Robert P (Virginia)

Perez, Thomas E. (District of Columbia)

Polansky, Jessica E. (New York)

Smiddie, Kyle (District of Columbia)

Smith, Jonathan Mark (District of Columbia)

Tayloe, Benjamin O. (District of Columbia)

Zisser, Aaron B. (California)

Attorneys(s) for Defendant

Burshem, Craig (Virginia)

Cuccinelli, Kenneth T. II (Virginia)

Curtis, Braden Jon (Virginia)

Hazel, William A. (Virginia)

Johnson, David E. (Virginia)

Tysinger, Allyson (Virginia)

Other Attorney(s)

Burnim, Ira Abraham (District of Columbia)

DeVore, Zachary Scott (Virginia)

Dorfman, Deborah A. (Washington)

Elias, Cordelia M. (Pennsylvania)

Fawk, Sara (Massachusetts)

Fleischner, Robert D. (Massachusetts)

Gibson, Melissa Charnes (Virginia)

Glasberg, Victor Michael (Virginia)

Graff, Julia (District of Columbia)

Martinis, Jonathan Gerald (Virginia)

Mathis, Jennifer (District of Columbia)

O'Toole, Brendan D. (Virginia)

Rae, J. Paterson (Massachusetts)

Schafer, Gerald (Virginia)

Schwartz, Steven J. (Massachusetts)

York, Thomas B. (Pennsylvania)

Zaycosky, Donald B. (Pennsylvania)

Expert/Monitor/Master

Fletcher, Donald J. (Massachusetts)

Documents in the Clearinghouse

Document

3:12-cv-00059

Docket [PACER]

March 26, 2018

March 26, 2018

Docket

DOJ Findings Letter

No Court

Feb. 10, 2011

Feb. 10, 2011

Findings Letter/Report
1

3:12-cv-00059

Complaint

United States of America v. Commonwealth of Virginia

Jan. 26, 2012

Jan. 26, 2012

Complaint
2-2

3:12-cv-00059

Settlement Agreement

United States of America v. Commonwealth of Virgina

Jan. 26, 2012

Jan. 26, 2012

Settlement Agreement
2

3:12-cv-00059

Joint Motion for Entry of Settlement Agreement and Brief in Support Thereof

United States of America v. Virginia

Jan. 26, 2012

Jan. 26, 2012

Pleading / Motion / Brief
19-1

3:12-cv-00059

Intervenor's Motion to Dismiss

United States of America v. Virginia

March 2, 2012

March 2, 2012

Pleading / Motion / Brief
19

3:12-cv-00059

Motion to Intervene

United States of America v. Commonwealth of Virginia

March 2, 2012

March 2, 2012

Pleading / Motion / Brief
20

3:12-cv-00059

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

United States of America v. Virginia

March 2, 2012

March 2, 2012

Pleading / Motion / Brief
22

3:12-cv-00059

Order

United States of America v. Commonwealth of Virginia

March 6, 2012

March 6, 2012

Order/Opinion
28

3:12-cv-00059

The United States' Opposition to Proposed Intervenor's Motion for Intervention

United States of America v. Commonwealth of Virginia

March 16, 2012

March 16, 2012

Pleading / Motion / Brief

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4405914/united-states-v-commonwealth-of-virginia/

Last updated Aug. 7, 2022, 3:22 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Commonwealth of Virginia, filed by United States of America. (Attachments: # 1 Civil Cover Sheet)(kyou, ) (Entered: 01/27/2012)

1 Civil Cover Sheet

View on PACER

Jan. 26, 2012

Jan. 26, 2012

RECAP
2

Joint MOTION for Entry of Settlement Agreement and Brief in Support by Commonwealth of Virginia, United States of America. (Attachments: # 1 Proposed Order, # 2 Settlement Agreement)(kyou, ) (Entered: 01/27/2012)

1 Proposed Order

View on PACER

2 Settlement Agreement

View on RECAP

Jan. 26, 2012

Jan. 26, 2012

RECAP
3

Motion to appear Pro Hac Vice by Aaron Zisser and Certification of Local Counsel Robert McIntosh by United States of America. (kyou, ) (Entered: 01/27/2012)

Jan. 26, 2012

Jan. 26, 2012

PACER
4

Motion to appear Pro Hac Vice by Benjamin O. Tayloe, Jr. and Certification of Local Counsel Robert McIntosh by United States of America. (kyou, ) (Entered: 01/27/2012)

Jan. 26, 2012

Jan. 26, 2012

PACER
5

Motion to appear Pro Hac Vice by Alison Barkoff and Certification of Local Counsel Robert McIntosh by United States of America. (kyou, ) (Entered: 01/27/2012)

Jan. 26, 2012

Jan. 26, 2012

PACER
6

Summons Issued as to Commonwealth of Virginia (sent to U.S. Marshal for service) (kyou, ) (Entered: 01/27/2012)

Jan. 27, 2012

Jan. 27, 2012

PACER
7

So Ordered re 3 Motion to appear Pro Hac Vice by Aaron Zisser and Certification of Local Counsel Robert McIntosh filed by United States of America. Signed by District Judge John A. Gibney, Jr on 1/27/12. (kyou, ) (Entered: 01/30/2012)

Jan. 30, 2012

Jan. 30, 2012

PACER
8

So Ordered re 4 Motion to appear Pro Hac Vice by Benjamin O. Tayloe, Jr. and Certification of Local Counsel Robert McIntosh filed by United States of America. Signed by District Judge John A. Gibney, Jr on 1/27/12. (kyou, ) (Entered: 01/30/2012)

Jan. 30, 2012

Jan. 30, 2012

PACER
9

So Ordered re 5 Motion to appear Pro Hac Vice by Alison Barkoff and Certification of Local Counsel Robert McIntosh filed by United States of America. Signed by District Judge John A. Gibney, Jr on 1/27/12. (kyou, ) (Entered: 01/30/2012)

Jan. 30, 2012

Jan. 30, 2012

PACER
10

SUMMONS Returned Executed Commonwealth of Virginia served on 1/31/2012, answer due 2/21/2012 (Original Summons not returned by U.S. Marshal service) (kyou, ) (Entered: 02/06/2012)

Feb. 6, 2012

Feb. 6, 2012

PACER

Set/Reset Hearings

Feb. 17, 2012

Feb. 17, 2012

PACER
11

MOTION for Extension of Time to File Answer by Commonwealth of Virginia. (Tysinger, Allyson) (Entered: 02/21/2012)

Feb. 21, 2012

Feb. 21, 2012

PACER
12

ORDER granting 11 Motion for Extension of Time to Thursday, February 23, 2012, for the defendant to answer; a further extension may be warranted, however the Court will address that issue at the status conference scheduled for Thursday, February 23, 2012. Signed by District Judge John A. Gibney, Jr on 2/21/21. (kyou, ) (Entered: 02/22/2012)

Feb. 22, 2012

Feb. 22, 2012

PACER
13

ORDER that the defendant's filing of an answer is STAYED pending either disposition of the Joint Motion for Entry of Settlement Agreement, or upon further order of the Court. Signed by District Judge John A. Gibney, Jr on 2/23/12. (kyou, ) (Entered: 02/23/2012)

Feb. 23, 2012

Feb. 23, 2012

PACER
14

Minute Entry for proceedings held before District Judge John A. Gibney, Jr.: Status Hearing held on 2/23/2012. (Court Reporter K. Liscio, OCR.) (wtuc) (Entered: 02/23/2012)

Feb. 23, 2012

Feb. 23, 2012

PACER
15

Notice of Appearance as Counsel by Gerard Schafer as to Peggy Wood, Barbara Fallis, Tami Lassiter, Teresa Koury, Jonathon Speilberg, Marinda Lewis, Adam Bertman, Jason Kinzler, Kevin Moran, Neal Hampton, Sean Johnson, Kent Olsen, Amber Robinson. (Schafer, Gerard) Modified on 3/12/2012- was originally docketed as a motion (wtuc). (Entered: 03/02/2012)

March 2, 2012

March 2, 2012

PACER
16

Motion to appear Pro Hac Vice by Thomas B. York and Certification of Local Counsel Gerald T. Schafer Filing fee $ 75, receipt number 0422-2934953. by Adam Bertman, Barbara Fallis, Neal Hampton, Sean Johnson, Jason Kinzler, Teresa Koury, Tami Lassiter, Marinda Lewis, Kevin Moran, Kent Olsen, Amber Robinson, Jonathon Speilberg, Peggy Wood. (Schafer, Gerard) (Entered: 03/02/2012)

March 2, 2012

March 2, 2012

PACER
17

Motion to appear Pro Hac Vice by Donald B. Zaycosky and Certification of Local Counsel Gerald T. Schafer Filing fee $ 75, receipt number 0422-2934969. by Adam Bertman, Barbara Fallis, Neal Hampton, Sean Johnson, Jason Kinzler, Teresa Koury, Tami Lassiter, Marinda Lewis, Kevin Moran, Kent Olsen, Amber Robinson, Jonathon Speilberg, Peggy Wood. (Schafer, Gerard) (Entered: 03/02/2012)

March 2, 2012

March 2, 2012

PACER
18

Motion to appear Pro Hac Vice by Cordelia Elias and Certification of Local Counsel Gerald T. Schafer Filing fee $ 75, receipt number 0422-2934980. by Adam Bertman, Barbara Fallis, Neal Hampton, Sean Johnson, Jason Kinzler, Teresa Koury, Tami Lassiter, Marinda Lewis, Kevin Moran, Kent Olsen, Amber Robinson, Jonathon Speilberg, Peggy Wood. (Schafer, Gerard) (Entered: 03/02/2012)

March 2, 2012

March 2, 2012

PACER
19

MOTION to Intervene by Adam Bertman, Barbara Fallis, Neal Hampton, Sean Johnson, Jason Kinzler, Teresa Koury, Tami Lassiter, Marinda Lewis, Kevin Moran, Kent Olsen, Amber Robinson, Jonathon Speilberg, Peggy Wood. (Attachments: # 1 Exhibit A)(Schafer, Gerard) (Entered: 03/02/2012)

1 Exhibit A

View on PACER

March 2, 2012

March 2, 2012

PACER
20

Memorandum in Support re 19 MOTION to Intervene filed by Adam Bertman, Barbara Fallis, Neal Hampton, Sean Johnson, Jason Kinzler, Teresa Koury, Tami Lassiter, Marinda Lewis, Kevin Moran, Kent Olsen, Amber Robinson, Jonathon Speilberg, Peggy Wood. (Schafer, Gerard) (Entered: 03/02/2012)

March 2, 2012

March 2, 2012

PACER
21

TRANSCRIPT of proceedings for dates of 2/23/12, before Judge John Gibney, Court Reporter/Transcriber Krista Liscio, Telephone number 804 916-2296. NOTICE RE REDACTION OF TRANCRIPTS:The parties have thirty(30) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vaed.uscourts.gov Transcript may be viewed at the court public terminal or purchased through the court reporter/transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 4/4/2012. Redacted Transcript Deadline set for 5/7/2012. Release of Transcript Restriction set for 6/4/2012.(liscio, krista) (Entered: 03/05/2012)

March 5, 2012

March 5, 2012

PACER
22

ORDERS the following:(1) Interested people and groups shall have until April 6, 2012, to submit written comments or amicus curiae briefs to this Court regarding the proposed agreement;(2) The Joint Motion for Entry of Settlement Agreement (the "agreement") (Dk. No. 2) is PROVISIONALLY GRANTED, subject to final approval after the submission of comments andbriefs to the Court;(3) The defendant shall make available and provide public notice of this Order by: (1)maintaining it on the website of the Virginia Department of Behavioral Health andDevelopmental Services until at least April 6, 2012; (2) transmitting it to parent groupsassociated with the Defendant's Training Centers, the Arc of Virginia, the Virginia Office for Protection and Advocacy, and the Virginia Association of Community Services Boards; and (3)transmitting it to such other interested persons as the Court identifies to the defendant. The defendant shall certify that it has provided such notice; and (4) The defendant will provide to the Court a list of all ICF/MRs and private facilities equipped to deal with profoundly disabled people within thirty (30) miles of the State Capitol. (See Order for specific details). Signed by District Judge John A. Gibney, Jr on 3-6-12. (kyou, ) (Entered: 03/06/2012)

March 6, 2012

March 6, 2012

PACER
23

NOTICE by Commonwealth of Virginia Certificate of Compliance (Tysinger, Allyson) (Entered: 03/12/2012)

March 12, 2012

March 12, 2012

PACER
24

So Ordered re 16 Motion to appear Pro Hac Vice by Thomas B. York and Certification of Local Counsel Gerald T. Schafer Filing fee $ 75, receipt number 0422-2934953. filed by Sean Johnson, Tami Lassiter, Barbara Fallis, Peggy Wood, Neal Hampton, Teresa Koury, Marinda Lewis, Kevin Moran, Amber Robinson, Adam Bertman, Jonathon Speilberg, Jason Kinzler, Kent Olsen. Signed by District Judge John A. Gibney, Jr on 3/10/12. (kyou, ) (Entered: 03/12/2012)

March 12, 2012

March 12, 2012

PACER
25

So Ordered re 18 Motion to appear Pro Hac Vice by Cordelia Elias and Certification of Local Counsel Gerald T. Schafer Filing fee $ 75, receipt number 0422-2934980. filed by Sean Johnson, Tami Lassiter, Barbara Fallis, Peggy Wood, Neal Hampton, Teresa Koury, Marinda Lewis, Kevin Moran, Amber Robinson, Adam Bertman, Jonathon Speilberg, Jason Kinzler, Kent Olsen. Signed by District Judge John A. Gibney, Jr on 3/10/12. (kyou, ) (Entered: 03/12/2012)

March 12, 2012

March 12, 2012

PACER
26

So Ordered re 17 Motion to appear Pro Hac Vice by Donald B. Zaycosky and Certification of Local Counsel Gerald T. Schafer Filing fee $ 75, receipt number 0422-2934969. filed by Sean Johnson, Tami Lassiter, Barbara Fallis, Peggy Wood, Neal Hampton, Teresa Koury, Marinda Lewis, Kevin Moran, Amber Robinson, Adam Bertman, Jonathon Speilberg, Jason Kinzler, Kent Olsen. Signed by District Judge John A. Gibney, Jr on 3/13/12. (kyou, ) (Entered: 03/14/2012)

March 14, 2012

March 14, 2012

PACER
27

RESPONSE in Opposition re 19 MOTION to Intervene filed by Commonwealth of Virginia. (Tysinger, Allyson) (Entered: 03/16/2012)

March 16, 2012

March 16, 2012

PACER
28

RESPONSE in Opposition re 19 MOTION to Intervene filed by United States of America. (McIntosh, Robert) (Entered: 03/16/2012)

March 16, 2012

March 16, 2012

PACER
29

Letters to Judge (Attachments: # 1 Letters, # 2 Letters, # 3 Letters, # 4 Letters, # 5 Letters)(wtuc) Modified on 6/11/2012 to make public(wtuc). (Entered: 03/19/2012)

March 19, 2012

March 19, 2012

PACER
30

MOTION for Leave to File Excess Pages of Reply Briefs by Adam Bertman, Barbara Fallis, Neal Hampton, Sean Johnson, Jason Kinzler, Teresa Koury, Tami Lassiter, Marinda Lewis, Kevin Moran, Kent Olsen, Amber Robinson, Jonathon Speilberg, Peggy Wood. (Schafer, Gerard) (Entered: 03/19/2012)

March 19, 2012

March 19, 2012

PACER
31

REPLY to Response to Motion re 19 MOTION to Intervene filed by Adam Bertman, Barbara Fallis, Neal Hampton, Sean Johnson, Jason Kinzler, Teresa Koury, Tami Lassiter, Marinda Lewis, Kevin Moran, Kent Olsen, Amber Robinson, Jonathon Speilberg, Peggy Wood. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Schafer, Gerard) (Entered: 03/19/2012)

1 Exhibit A

View on PACER

2 Exhibit B

View on PACER

3 Exhibit C

View on PACER

March 19, 2012

March 19, 2012

PACER
32

REPLY to Response to Motion re 19 MOTION to Intervene filed by Adam Bertman, Barbara Fallis, Neal Hampton, Sean Johnson, Jason Kinzler, Teresa Koury, Tami Lassiter, Marinda Lewis, Kevin Moran, Kent Olsen, Amber Robinson, Jonathon Speilberg, Peggy Wood. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Schafer, Gerard) (Entered: 03/19/2012)

1 Exhibit A

View on PACER

2 Exhibit B

View on PACER

March 19, 2012

March 19, 2012

PACER
33

So Ordered re 30 MOTION for Leave to File Excess Pages filed by Sean Johnson, Tami Lassiter, Barbara Fallis, Peggy Wood, Neal Hampton, Teresa Koury, Marinda Lewis, Kevin Moran, Amber Robinson, Adam Bertman, Jonathon Speilberg, Jason Kinzler, Kent Olsen. Signed by District Judge John A. Gibney, Jr on 3/20/12. (kyou, ) (Entered: 03/20/2012)

March 20, 2012

March 20, 2012

PACER
34

MOTION for Leave to File A Brief Amici Curiae In Opposition to the Motion to Intervene by ARC of Virginia. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit A)(Glasberg, Victor) (Entered: 03/20/2012)

1 Exhibit 1

View on PACER

2 Exhibit 2

View on PACER

3 Exhibit 3

View on PACER

4 Exhibit 4

View on PACER

5 Exhibit 5

View on PACER

6 Exhibit 6

View on PACER

7 Exhibit 7

View on PACER

8 Exhibit 8

View on PACER

9 Exhibit A

View on PACER

March 20, 2012

March 20, 2012

PACER
35

NOTICE by ARC of Virginia re 34 MOTION for Leave to File A Brief Amici Curiae In Opposition to the Motion to Intervene Exhibit 3 to Motion for Leave to File A Brief Amici Curiae (Attachments: # 1 Exhibit 3)(Glasberg, Victor) (Entered: 03/21/2012)

1 Exhibit 3

View on PACER

March 21, 2012

March 21, 2012

PACER
36

So Ordered 34 MOTION for Leave to File A Brief Amici Curiae In Opposition to the Motion to Intervene filed by the Arc of Virginia, Autism Society of Central Virginia, Autism Society Northern Virginia, Austism Society Tidewater Virginia, Peninsula Autism Society, Virginia Down Syndrome Alliance; Signed by District Judge John A. Gibney, Jr on 3/21/12 (lsal) (Entered: 03/21/2012)

March 21, 2012

March 21, 2012

PACER
37

Opposition to Motion to Intervene filed by ARC of Virginia, Autism Society Northern Virginia, Autism Society Tidewater Virginia, Autism Society of Central Virginia, Peninsula Autism Society, Virginia Down Syndrome Alliance. (Glasberg, Victor) (Entered: 03/22/2012)

March 22, 2012

March 22, 2012

PACER
38

Letters to Judge (Attachments: # 1 Letters, # 2 Letters, # 3 Letters)(wtuc) Modified on 6/11/2012 to make entry public(wtuc). (Entered: 03/27/2012)

1 Letter

View on PACER

2 Letter

View on PACER

3 Letter

View on PACER

March 27, 2012

March 27, 2012

PACER
39

MOTION for Leave to File Reply to Amici Brief by Adam Bertman, Barbara Fallis, Neal Hampton, Sean Johnson, Jason Kinzler, Teresa Koury, Tami Lassiter, Marinda Lewis, Kevin Moran, Kent Olsen, Amber Robinson, Jonathon Speilberg, Peggy Wood. (Attachments: # 1 Exhibit 1)(Schafer, Gerard) (Entered: 03/28/2012)

1 Exhibit 1

View on PACER

March 28, 2012

March 28, 2012

PACER
40

So Ordered re 39 MOTION for Leave to File Reply to Amici Brief in Opposition to Proposed Intervenors' Motion to Intervene and Motion to Exceed Page Limit filed by Sean Johnson, Tami Lassiter, Barbara Fallis, Peggy Wood, Neal Hampton, Teresa Koury, Marinda Lewis, Kevin Moran, Amber Robinson, Adam Bertman, Jonathon Speilberg, Jason Kinzler, Kent Olsen. Signed by District Judge John A. Gibney, Jr on 3/29/12. (kyou, ) (Entered: 03/29/2012)

March 29, 2012

March 29, 2012

PACER
41

Motion to appear Pro Hac Vice by Deborah Alyse Dorfman and Certification of Local Counsel Victor M. Glasberg Filing fee $ 75, receipt number 0422-2971750. by ARC of Virginia. (Glasberg, Victor) (Entered: 03/29/2012)

March 29, 2012

March 29, 2012

PACER
42

Motion to appear Pro Hac Vice by Robert Dixon Fleischner and Certification of Local Counsel Victor M. Glasberg Filing fee $ 75, receipt number 0422-2971780. by ARC of Virginia. (Glasberg, Victor) (Entered: 03/29/2012)

March 29, 2012

March 29, 2012

PACER
43

Motion to appear Pro Hac Vice by Steven Jay Schwartz and Certification of Local Counsel Victor M. Glasberg Filing fee $ 75, receipt number 0422-2971793. by ARC of Virginia. (Glasberg, Victor) (Entered: 03/29/2012)

March 29, 2012

March 29, 2012

PACER
44

REPLY to Response to Motion re 19 MOTION to Intervene filed by Adam Bertman, Barbara Fallis, Neal Hampton, Sean Johnson, Jason Kinzler, Teresa Koury, Tami Lassiter, Marinda Lewis, Kevin Moran, Kent Olsen, Amber Robinson, Jonathon Speilberg, Peggy Wood. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Schafer, Gerard) (Entered: 03/29/2012)

1 Exhibit A

View on PACER

2 Exhibit B

View on PACER

3 Exhibit C

View on PACER

March 29, 2012

March 29, 2012

PACER
45

Letters to Judge (Attachments: # 1 Letters, # 2 Letters)(wtuc) Modified on 6/11/2012 to make entry public (wtuc). (Entered: 04/02/2012)

1 Letter

View on PACER

2 Letter

View on PACER

April 2, 2012

April 2, 2012

PACER
46

So Ordered re 43 Motion to appear Pro Hac Vice by Steven Jay Schwartz and Certification of Local Counsel Victor M. Glasberg Filing fee $ 75, receipt number 0422-2971793. filed by ARC of Virginia. Signed by District Judge John A. Gibney, Jr on 3/30/12. (kyou, ) (Entered: 04/02/2012)

April 2, 2012

April 2, 2012

PACER
47

So Ordered re 42 Motion to appear Pro Hac Vice by Robert Dixon Fleischner and Certification of Local Counsel Victor M. Glasberg Filing fee $ 75, receipt number 0422-2971780. filed by ARC of Virginia. Signed by District Judge John A. Gibney, Jr on 3/30/12. (kyou, ) (Entered: 04/02/2012)

April 2, 2012

April 2, 2012

PACER
48

So Ordered re 41 Motion to appear Pro Hac Vice by Deborah Alyse Dorfman and Certification of Local Counsel Victor M. Glasberg Filing fee $ 75, receipt number 0422-2971750. filed by ARC of Virginia. Signed by District Judge John A. Gibney, Jr on 3/30/12. (kyou, ) (Entered: 04/02/2012)

April 2, 2012

April 2, 2012

PACER
49

Motion to appear Pro Hac Vice by Vincent P. Herman and Certification of Local Counsel Robert P. McIntosh by United States of America. (McIntosh, Robert) (Entered: 04/03/2012)

April 3, 2012

April 3, 2012

PACER
50

Memorandum in Support re 2 MOTION for Settlement filed by Virginia Office for Protection and Advocacy. (Martinis, Jonathan) (Entered: 04/03/2012)

April 3, 2012

April 3, 2012

PACER
51

So Ordered re 49 Motion to appear Pro Hac Vice by Vincent P. Herman and Certification of Local Counsel Robert P. McIntosh filed by United States of America. Signed by District Judge John A. Gibney, Jr on 4/3/12. (kyou, ) (Entered: 04/03/2012)

April 3, 2012

April 3, 2012

PACER
52

Brief in Support Brief Amici Curiae on Behalf of the National Association of State Directors of Developmental Disability Services, The American Association of Intellectual and Developmental Disabilities, The Association of University Centers on Disabilities, TASH and Robert M. Gettings In Support of the Settlement Agreement filed by ARC of Virginia. (Attachments: # 1 Exhibit Exhibit 1)(Glasberg, Victor) (Entered: 04/05/2012)

1 Exhibit Exhibit 1

View on PACER

April 5, 2012

April 5, 2012

PACER
53

Letters to Judge (Attachments: # 1 Letters, # 2 Letters, # 3 Letters)(wtuc) Modified on 6/11/2012 to make entry public (wtuc). (Entered: 04/05/2012)

1 Letter

View on PACER

2 Letter

View on PACER

3 Letter

View on PACER

April 5, 2012

April 5, 2012

PACER
54

Letters to Judge (Attachments: # 1 Letters, # 2 Letters)(wtuc) Modified on 6/11/2012 to make entry public(wtuc). (Entered: 04/06/2012)

1 Letter

View on PACER

2 Letter

View on PACER

April 6, 2012

April 6, 2012

PACER
55

Memorandum to 22 Order on Motion for Settlement,,,,, filed by Adam Bertman, Barbara Fallis, Neal Hampton, Sean Johnson, Jason Kinzler, Teresa Koury, Tami Lassiter, Marinda Lewis, Kevin Moran, Kent Olsen, Amber Robinson, Jonathon Speilberg, Peggy Wood. (Attachments: # 1 Exhibit B, # 2 Exhibit C, # 3 Exhibit D, # 4 Exhibit E, # 5 Exhibit F, # 6 Exhibit G, # 7 Exhibit G-1, # 8 Exhibit G-2)(Schafer, Gerard) (Entered: 04/06/2012)

1 Exhibit B

View on PACER

2 Exhibit C

View on PACER

3 Exhibit D

View on PACER

4 Exhibit E

View on PACER

5 Exhibit F

View on PACER

6 Exhibit G

View on PACER

7 Exhibit G-1

View on PACER

8 Exhibit G-2

View on PACER

April 6, 2012

April 6, 2012

PACER
56

MOTION to Seal by Adam Bertman, Barbara Fallis, Neal Hampton, Sean Johnson, Jason Kinzler, Teresa Koury, Tami Lassiter, Marinda Lewis, Kevin Moran, Kent Olsen, Amber Robinson, Jonathon Speilberg, Peggy Wood. (Schafer, Gerard) (Entered: 04/06/2012)

April 6, 2012

April 6, 2012

PACER
57

ORDER granting 56 Motion to Seal Exhibit A of 55 Memorandum. Signed by District Judge John A. Gibney, Jr on 4/9/12. (kyou, ) (Entered: 04/09/2012)

April 9, 2012

April 9, 2012

PACER
58

NOTICE by Adam Bertman, Barbara Fallis, Neal Hampton, Sean Johnson, Jason Kinzler, Teresa Koury, Tami Lassiter, Marinda Lewis, Kevin Moran, Kent Olsen, Amber Robinson, Jonathon Speilberg, Peggy Wood re 55 Memorandum, (Attachments: # 1 Exhibit G-2)(Schafer, Gerard) (Entered: 04/09/2012)

1 Exhibit G-2

View on PACER

April 9, 2012

April 9, 2012

PACER
59

Sealed Exhibit A re 55 Memorandum filed by filed by Adam Bertman, Barbara Fallis, Neal Hampton, Sean Johnson, Jason Kinzler, Teresa Koury, Tami Lassiter, Marinda Lewis, Kevin Moran, Kent Olsen, Amber Robinson, Jonathon Speilberg, Peggy Wood. (kyou, ) (Entered: 04/09/2012)

April 9, 2012

April 9, 2012

PACER
60

Letters to the Judge (Attachments: # 1 Letters, # 2 Letters, # 3 Letters)(wtuc) Modified on 6/11/2012 to make entry public(wtuc). (Entered: 04/11/2012)

1 Letter

View on PACER

2 Letter

View on PACER

3 Letter

View on PACER

April 11, 2012

April 11, 2012

PACER
61

Letters to Judge (Attachments: # 1 Letters, # 2 Letters)(wtuc) Modified on 6/11/2012 to make entry public (wtuc). (Entered: 04/13/2012)

1 Letter

View on PACER

2 Letter

View on PACER

April 13, 2012

April 13, 2012

PACER
62

Letters to Judge (wtuc) Modified on 6/11/2012 to make entry public (wtuc). (Entered: 04/16/2012)

April 16, 2012

April 16, 2012

PACER
63

Letters to Judge. (wtuc) Modified on 6/11/2012 to make entry public(wtuc). (Entered: 04/27/2012)

April 27, 2012

April 27, 2012

PACER
64

Letter to Judge (wtuc) Modified on 6/11/2012 to make entry public (wtuc). (Entered: 05/01/2012)

May 1, 2012

May 1, 2012

PACER
65

ORDER granting 19 Motion to Intervene; Petitioners' Motion to Dismiss (Dk. No. 19-1) filed as Exhibit A to the Motion to Intervene is DEEMED filed; Plaintiff and Defendant are DIRECTED to respond to the Petitioners' Motion to Dismiss within ten (10) days from the entry of this Memorandum Order; A reply brief to each response from the plaintiff or defendant may be filed by thePetitioners, due no later than six (6) days from the filing of the respective response;As the Court will decide the Petitioners' Motion to Dismiss on the papers, a hearing is unnecessary; and All parties are DIRECTED to contact the chambers within five (5) days of the entry of this Memorandum Order to set a hearing date for evaluation of the Agreement. Signed by District Judge John A. Gibney, Jr on 5-9-12. (kyou, ) (Entered: 05/09/2012)

May 9, 2012

May 9, 2012

PACER
66

MOTION to Dismiss by Adam Bertman, Barbara Fallis, Neal Hampton, Sean Johnson, Jason Kinzler, Teresa Koury, Tami Lassiter, Marinda Lewis, Kevin Moran, Kent Olsen, Amber Robinson, Jonathon Speilberg, Peggy Wood. (kyou, ) (Entered: 05/09/2012)

May 9, 2012

May 9, 2012

PACER
67

Memorandum in Support re 66 MOTION to Dismiss filed by Adam Bertman, Barbara Fallis, Neal Hampton, Sean Johnson, Jason Kinzler, Teresa Koury, Tami Lassiter, Marinda Lewis, Kevin Moran, Kent Olsen, Amber Robinson, Jonathon Speilberg, Peggy Wood. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(kyou, ) (Entered: 05/09/2012)

1 Exhibit A

View on PACER

2 Exhibit B

View on PACER

May 9, 2012

May 9, 2012

PACER

In Chambers Conference

May 15, 2012

May 15, 2012

PACER

Set/Reset Hearings

May 16, 2012

May 16, 2012

PACER
68

ORDER that the Court hereby ORDERS the following:(1) All discovery is stayed until the Court's decision on the consent decree in this case is finalized; (2) The fairness hearing on the Joint Motion for Entry of Settlement Agreement shall be held on June 8, 2012, at 9:00 a.m.,(3) For the hearing on June 8, 2012, each party shall be allotted a total of ninety (90) minutes of time to present evidentiary matters including direct and cross-examination; After the presentation of evidentiary matters, the Court will hear oral argument from the parties;(4) The parties may file declarations or affidavits on behalf of any individual, whether or not that person appears as a witness at the fairness hearing. Such declarations or affidavits shallbe due no later than fourteen (14) days prior to the Court's fairness hearing; (5) The parties shall submit witness lists and summaries of witness testimony no later than fourteen (14) days prior to the fairness hearing (See Order for further details) Signed by District Judge John A. Gibney, Jr on 5/16/12. (kyou, ) (Entered: 05/16/2012)

May 16, 2012

May 16, 2012

PACER
69

MOTION For Leave to Participate At Hearing by ARC of Virginia. (Glasberg, Victor) (Entered: 05/16/2012)

May 16, 2012

May 16, 2012

PACER
70

Memorandum in Support re 69 MOTION For Leave to Participate At Hearing filed by ARC of Virginia. (Glasberg, Victor) (Entered: 05/16/2012)

May 16, 2012

May 16, 2012

PACER
71

ORDER denying 69 Motion for Leave to Participate at Hearing on Whether to Approve Settlement. Signed by District Judge John A. Gibney, Jr on 5/16/12. (kyou, ) (Entered: 05/16/2012)

May 16, 2012

May 16, 2012

PACER
72

TRANSCRIPT of proceedings for dates of 05/15/2012, before Judge Hon. John A. Gibney, Jr., Court Reporter Gil Halasz, Telephone number 804 916-2248. NOTICE RE REDACTION OF TRANCRIPTS:The parties have thirty(30) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vaed.uscourts.gov Transcript may be viewed at the court public terminal or purchased through the court reporter/transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 6/18/2012. Redacted Transcript Deadline set for 7/17/2012. Release of Transcript Restriction set for 8/15/2012.(halasz, gil) (Entered: 05/17/2012)

May 17, 2012

May 17, 2012

PACER
73

MOTION for Leave to Appear and Participate in Hearing by Virginia Office for Protection and Advocacy. (Martinis, Jonathan) (Entered: 05/18/2012)

May 18, 2012

May 18, 2012

PACER
74

Memorandum in Support re 73 MOTION for Leave to Appear and Participate in Hearing filed by Virginia Office for Protection and Advocacy. (Martinis, Jonathan) (Entered: 05/18/2012)

May 18, 2012

May 18, 2012

PACER
75

RESPONSE to Motion re 66 MOTION to Dismiss filed by Commonwealth of Virginia. (Tysinger, Allyson) (Entered: 05/21/2012)

May 21, 2012

May 21, 2012

PACER
76

RESPONSE in Opposition re 66 MOTION to Dismiss by Intervenors filed by United States of America. (McIntosh, Robert) (Entered: 05/21/2012)

May 21, 2012

May 21, 2012

PACER
77

ORDER denying 73 Motion for Leave to Present Argument on June 8, 2012 Hearing on Proposed Settlement Agreement. Signed by District Judge John A. Gibney, Jr on 5/21/12. (jtho, ) (Entered: 05/21/2012)

May 21, 2012

May 21, 2012

PACER
78

ORDER that the Court, sua sponte, APPOINTS Mary Ann Bergeron as an expert in the above matter; Ms. Bergeron shall prepare a report for the Court prior to the fairness hearing on Friday, June 8, 2012. She will also testify at the hearing. Signed by District Judge John A. Gibney, Jr on 5/21/12. (jtho) (Entered: 05/21/2012)

May 21, 2012

May 21, 2012

PACER
79

Witness List by United States of America. (McIntosh, Robert) (Entered: 05/25/2012)

May 25, 2012

May 25, 2012

PACER
80

Witness List by Commonwealth of Virginia. (Tysinger, Allyson) (Entered: 05/25/2012)

May 25, 2012

May 25, 2012

PACER
81

AFFIDAVIT in Support re 2 MOTION for Settlement [PREHEARING SUBMISSION OF DECLARATIONS] filed by United States of America. (Attachments: # 1 Affidavit Boose, # 2 Affidavit Brandt, # 3 Affidavit Childress, # 4 Affidavit Clark, # 5 Affidavit Cramer, # 6 Affidavit Evans, # 7 Affidavit FLetcher, # 8 Affidavit Jones, # 9 Affidavit Laios, # 10 Affidavit Nagy, # 11 Affidavit Nannini, # 12 Affidavit Poe, # 13 Affidavit Seagle, # 14 Affidavit Sparrow, # 15 Affidavit Thaler, # 16 Affidavit Wright, # 17 Affidavit Young-Chavez, # 18 Affidavit Yost)(McIntosh, Robert) (Entered: 05/25/2012)

1 Affidavit Boose

View on PACER

2 Affidavit Brandt

View on PACER

3 Affidavit Childress

View on PACER

4 Affidavit Clark

View on PACER

5 Affidavit Cramer

View on PACER

6 Affidavit Evans

View on PACER

7 Affidavit FLetcher

View on PACER

8 Affidavit Jones

View on PACER

9 Affidavit Laios

View on PACER

10 Affidavit Nagy

View on PACER

11 Affidavit Nannini

View on PACER

12 Affidavit Poe

View on PACER

13 Affidavit Seagle

View on PACER

14 Affidavit Sparrow

View on PACER

15 Affidavit Thaler

View on PACER

16 Affidavit Wright

View on PACER

17 Affidavit Young-Chavez

View on PACER

18 Affidavit Yost

View on PACER

May 25, 2012

May 25, 2012

PACER
82

Witness List by Adam Bertman, Barbara Fallis, Neal Hampton, Sean Johnson, Jason Kinzler, Teresa Koury, Tami Lassiter, Marinda Lewis, Kevin Moran, Kent Olsen, Amber Robinson, Jonathon Speilberg, Peggy Wood. (Schafer, Gerard) (Entered: 05/25/2012)

May 25, 2012

May 25, 2012

PACER
83

AFFIDAVIT re 68 Order,,,, by Adam Bertman, Barbara Fallis, Neal Hampton, Sean Johnson, Jason Kinzler, Teresa Koury, Tami Lassiter, Marinda Lewis, Kevin Moran, Kent Olsen, Amber Robinson, Jonathon Speilberg, Peggy Wood. (Attachments: # 1 Exhibit Affidavit of V. Choudhary, # 2 Exhibit Affidavit of K. Walsh, # 3 Exhibit Affidavit of T. Kastner, # 4 Exhibit Affidavit of C. Fallis, # 5 Exhibit Declaration of H. Spielberg, # 6 Exhibit Declaration of E. Seidman, # 7 Exhibit Declaration of R. Black, # 8 Exhibit Declaration of J. Powell, # 9 Exhibit Affidavit of W. Wood, # 10 Exhibit Declaration of M. Houser, # 11 Exhibit Declaration of D. Micheletti, # 12 Exhibit Affidavit of C. Lewis, # 13 Exhibit Declaration of R. Anthony, # 14 Exhibit Declaration of R. Evett, # 15 Exhibit Declaration of M. Bryant, # 16 Exhibit Declaration of J. Scott, # 17 Exhibit Affidavit of L. Koury, # 18 Exhibit Affidavit of M. Marek)(Schafer, Gerard) (Entered: 05/25/2012)

1 Exhibit Affidavit of V. Choudhary

View on PACER

2 Exhibit Affidavit of K. Walsh

View on PACER

3 Exhibit Affidavit of T. Kastner

View on PACER

4 Exhibit Affidavit of C. Fallis

View on PACER

5 Exhibit Declaration of H. Spielberg

View on PACER

6 Exhibit Declaration of E. Seidman

View on PACER

7 Exhibit Declaration of R. Black

View on PACER

8 Exhibit Declaration of J. Powell

View on PACER

9 Exhibit Affidavit of W. Wood

View on PACER

10 Exhibit Declaration of M. Houser

View on PACER

11 Exhibit Declaration of D. Micheletti

View on PACER

12 Exhibit Affidavit of C. Lewis

View on PACER

13 Exhibit Declaration of R. Anthony

View on PACER

14 Exhibit Declaration of R. Evett

View on PACER

15 Exhibit Declaration of M. Bryant

View on PACER

16 Exhibit Declaration of J. Scott

View on PACER

17 Exhibit Affidavit of L. Koury

View on PACER

18 Exhibit Affidavit of M. Marek

View on PACER

May 25, 2012

May 25, 2012

PACER
84

REPLY to Response to Motion re 66 MOTION to Dismiss filed by Adam Bertman, Barbara Fallis, Neal Hampton, Sean Johnson, Jason Kinzler, Teresa Koury, Tami Lassiter, Marinda Lewis, Kevin Moran, Kent Olsen, Amber Robinson, Jonathon Speilberg, Peggy Wood. (Schafer, Gerard) (Entered: 05/29/2012)

May 29, 2012

May 29, 2012

PACER
85

REPLY to Response to Motion re 66 MOTION to Dismiss filed by Adam Bertman, Barbara Fallis, Neal Hampton, Sean Johnson, Jason Kinzler, Teresa Koury, Tami Lassiter, Marinda Lewis, Kevin Moran, Kent Olsen, Amber Robinson, Jonathon Speilberg, Peggy Wood. (Schafer, Gerard) (Entered: 05/29/2012)

May 29, 2012

May 29, 2012

PACER
86

NOTICE the Court hereby notifies the parties that Mary Ann Bergeron has been appointed solely for the purpose of providing information with respect tothe proposed settlement of this case (see Order for details); The appointment of Ms. Bergeron does not indicate in any way whether the Court will approve the settlement. Rather, the Court will only ask her for information regarding theimplementation of the Settlement Agreement, if approved. Signed by District Judge John A. Gibney, Jr on 5/31/12. (kyou, ) (Entered: 05/31/2012)

May 31, 2012

May 31, 2012

PACER
87

ORDER that United States and Intervenor-defendants to file amended witness lists which identify a maximum of 3 potential witneses for the June 8, 2012 hearing; amended witness lists shall be filed no later than June 5, 2012; Clerk SEND copy of this Order to all counsel of record; Signed by District Judge John A. Gibney, Jr on 5/31/12 (lsal) (Entered: 06/01/2012)

June 1, 2012

June 1, 2012

PACER
88

NOTICE of Court's Concerns Regarding Implementation of Settlement Agreement. Signed by United States District Judge John A. Gibney 6/1/12; Clerk send copy of this Notice to all counsel of record; (Copies distribued by ECF) (lsal) (Entered: 06/01/2012)

June 1, 2012

June 1, 2012

PACER
89

NOTICE to parties of the filing of the court-appointed expert's report in preparation for the June 8, 2012 hearing; Ms. Bergeron's report is attached as Exhibit A to this Notice; Clerk send copy of this Notice to all counsel of record; Signed by District Judge John A. Gibney, Jr on 6/1/12 (Attachments: # 1 Exhibit A)(lsal) (Entered: 06/01/2012)

1 Exhibit A

View on PACER

June 1, 2012

June 1, 2012

PACER
90

MEMORANDUM ORDER denying 66 Motion to Dismiss. Signed by District Judge John A. Gibney, Jr on 6/4/12. (kyou, ) (Entered: 06/05/2012)

June 5, 2012

June 5, 2012

PACER
91

Letter to Judge. (wtuc) Modified on 6/11/2012 to make entry public (wtuc). (Entered: 06/05/2012)

June 5, 2012

June 5, 2012

PACER
92

AMENDED Witness List by United States of America. (McIntosh, Robert) (Entered: 06/05/2012)

June 5, 2012

June 5, 2012

PACER
93

Revised Witness List by Adam Bertman, Barbara Fallis, Neal Hampton, Sean Johnson, Jason Kinzler, Teresa Koury, Tami Lassiter, Marinda Lewis, Kevin Moran, Kent Olsen, Amber Robinson, Jonathon Speilberg, Peggy Wood. (Schafer, Gerard) (Entered: 06/05/2012)

June 5, 2012

June 5, 2012

PACER
94

MOTION for Reconsideration re 87 Order, and Clarification by Adam Bertman, Barbara Fallis, Neal Hampton, Sean Johnson, Jason Kinzler, Teresa Koury, Tami Lassiter, Marinda Lewis, Kevin Moran, Kent Olsen, Amber Robinson, Jonathon Speilberg, Peggy Wood. (Schafer, Gerard) (Entered: 06/05/2012)

June 5, 2012

June 5, 2012

PACER
95

Brief in Support to 87 Order, 94 MOTION for Reconsideration re 87 Order, and Clarification MOTION for Reconsideration re 87 Order, and Clarification filed by Adam Bertman, Barbara Fallis, Neal Hampton, Sean Johnson, Jason Kinzler, Teresa Koury, Tami Lassiter, Marinda Lewis, Kevin Moran, Kent Olsen, Amber Robinson, Jonathon Speilberg, Peggy Wood. (Schafer, Gerard) (Entered: 06/05/2012)

June 5, 2012

June 5, 2012

PACER
96

RESPONSE to Motion re 94 MOTION for Reconsideration re 87 Order, and Clarification MOTION for Reconsideration re 87 Order, and Clarification filed by Commonwealth of Virginia. (Attachments: # 1 Exhibit A)(Tysinger, Allyson) (Entered: 06/06/2012)

1 Exhibit A

View on PACER

June 6, 2012

June 6, 2012

PACER
97

ORDER that the Court DENIES requests 1 through 5 and 7 of 94 MOTION for Clarification and Reconsideration (see Order for further details). Signed by District Judge John A. Gibney, Jr on 6/6/12. (kyou, ) (Entered: 06/06/2012)

June 6, 2012

June 6, 2012

PACER

Case Details

State / Territory: Virginia

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Olmstead Cases

Multi-LexSum (in sample)

Key Dates

Filing Date: Jan. 26, 2012

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

The United States Department of Justice (Civil Rights Division).

Plaintiff Type(s):

U.S. Dept of Justice plaintiff

Attorney Organizations:

NDRN/Protection & Advocacy Organizations

U.S. Dept. of Justice Civil Rights Division

Bazelon Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Commonwealth of Virginia, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Civil Rights of Institutionalized Persons Act (CRIPA), 42 U.S.C. § 1997 et seq.

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

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 2012 - None

Content of Injunction:

Discrimination Prohibition

Monitoring

Preliminary relief granted

Reasonable Accommodation

Reporting

Issues

General:

Access to public accommodations - governmental

Classification / placement

Deinstitutionalization/decarceration

Habilitation (training/treatment)

Placement in mental health facilities

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

Reasonable Accommodations

Wait lists

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

disability, unspecified

Integrated setting

Least restrictive environment

Mental impairment

Mental Disability:

Depression

Developmental disability without intellectual disability

Intellectual/developmental disability, unspecified

Mental Illness, Unspecified

Schizophrenia

Medical/Mental Health:

Intellectual/Developmental Disability

Intellectual disability/mental illness dual diagnosis

Mental health care, general

Mental health care, unspecified

Type of Facility:

Government-run

Benefit Source:

Medicaid