Case: Carranza v. Douglas

2:12-cv-02928 | U.S. District Court for the Eastern District of California

Filed Date: Dec. 4, 2012

Closed Date: 2013

Clearinghouse coding complete

Case Summary

On December 4, 2012, a 21-year-old with muscular dystrophy filed this lawsuit against the California Department of Health Care Services in the U.S. District Court for the Eastern District of California. Prior to turning 21, the plaintiff had received 615 hours of Medi-Cal funded, in-home nursing care per month. Once he turned 21 in September 2012, however, the state reduced his nursing care by 200 hours per month due to its restrictions on funded nursing hours for adults, despite the fact that …

On December 4, 2012, a 21-year-old with muscular dystrophy filed this lawsuit against the California Department of Health Care Services in the U.S. District Court for the Eastern District of California. Prior to turning 21, the plaintiff had received 615 hours of Medi-Cal funded, in-home nursing care per month. Once he turned 21 in September 2012, however, the state reduced his nursing care by 200 hours per month due to its restrictions on funded nursing hours for adults, despite the fact that his condition remained the same. The plaintiff alleged that the reduction in nursing hours put him at serious risk of unnecessary institutionalization in violation of the Americans with Disabilities Act and Section 504 of the Rehabilitation Act. He also alleged a deprivation of the constitutional right to procedural due process under 42 U.S.C. § 1983. The plaintiff sought declaratory and injunctive relief to prevent the reduction in his in-home nursing care.

On August 1, 2013, Judge William B. Shubb dismissed the case pursuant to the parties' settlement agreement. Under the terms of the agreement, the plaintiff was permitted to select any combination of services available under the state plan to address his health care needs. The plaintiff could also, when medically necessary, submit a request to be reassessed for additional waiver services. The defendant agreed to pay $69,500 in attorneys' fees and costs. The case is now closed.

Summary Authors

Beth Kurtz (2/22/2013)

Eva Richardson (10/21/2018)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5918887/parties/carranza-v-douglas/


Judge(s)

Delaney, Carolyn K. (California)

Shubb, William B. (California)

Attorneys(s) for Plaintiff

Bird, Melinda R. (California)

Coleman, Jacquline Yvonne (California)

Iriarte, Maria F. (California)

Marley, Debra Back (California)

Newman, Robert D. Jr. (California)

Tawatao, Rau Mona (California)

Attorneys(s) for Defendant

Armstrong, Rebecca M. (California)

Harris, Kamala D. (California)

Judge(s)

Delaney, Carolyn K. (California)

Shubb, William B. (California)

Attorneys(s) for Plaintiff

Bird, Melinda R. (California)

Coleman, Jacquline Yvonne (California)

Iriarte, Maria F. (California)

Marley, Debra Back (California)

Newman, Robert D. Jr. (California)

Tawatao, Rau Mona (California)

Attorneys(s) for Defendant

Armstrong, Rebecca M. (California)

Harris, Kamala D. (California)

Read-Spangler, Kara (California)

Documents in the Clearinghouse

Document

Docket [PACER]

Aug. 2, 2013 Docket
1

Complaint

Dec. 4, 2012 Complaint
21-1

Settlement Agreement

July 31, 2013 Settlement Agreement
22

Order for Dismissal

Aug. 1, 2013 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5918887/carranza-v-douglas/

Last updated May 20, 2022, 3:03 a.m.

ECF Number Description Date Link
1

COMPLAINT for Injunctive and declarotory relief against All Defendants by Pablo Carranza. (Attachments: # 1 Civil Cover Sheet)(Marley, Debra) (Entered: 12/04/2012)

Dec. 4, 2012
3

ORDER signed by Senior Judge William B. Shubb on 12/5/12 GRANTING 2 Motion to Proceed IFP. The Clerk is DIRECTED to file the complaint. IT IS FURTHER ORDERED that the clerk issue summons and the U.S. Marshal serve a copy of the complaint, summons and this order upon the defendant(s) as directed by the plaintiff. All costs of service shall be advanced by the United States. (cc: USM). (Meuleman, A)

Dec. 6, 2012 RECAP
5

AMENDED ORDER signed by Chief Judge Morrison C. England, Jr. on 12/7/2012 GRANTING 2 plaintiffs application to proceed without prepayment of fees; the Clerk is directed to file the complaint; IT IS FURTHER ORDERED that the Clerk issue summons and the plaintiff serve a copy of the complaint, summons and this order upon defendants. (cc: USM)(Reader, L)

Dec. 7, 2012 RECAP
2

MOTION to PROCEED IN FORMA PAUPERIS by Pablo Carranza. (Attachments: # 1 Proposed Order)(Marley, Debra) (Entered: 12/04/2012)

Dec. 4, 2012

APPLICATION TO PROCEED IFP filed − Action Required. (Kastilahn, A) (Entered: 12/04/2012)

Dec. 4, 2012
11

STIPULATION and ORDER 10 for Extension of Time to File Responsive Pleading by Department of Health Care Services no later than 3/1/2013, signed by Senior Judge William B. Shubb on 2/15/2013. (Kirksey Smith, K)

Feb. 15, 2013 RECAP
13

STIPULATION and ORDER 12 signed by Senior Judge William B. Shubb on 2/21/2013 extending time for the Department's responsive pleading to 3/29/2013. (Kirksey Smith, K)

Feb. 21, 2013 RECAP
4

SUMMONS ISSUED as to *Department of Health Care Services, Toby Douglas* with answer to complaint due within *21* days. Attorney *Melinda R. Bird* *Disability Rights California* *350 South Bixel Street, Suite 290* *Los Angeles, CA 90017*. (Meuleman, A) (Entered: 12/06/2012)

Dec. 6, 2012
16

STIPULATION and ORDER for continuance 15 signed by Senior Judge William B. Shubb on 3/18/2013 resetting the Scheduling Conference for 4/29/2013 at 02:00 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. A Joint Status Report shall be filed no later than 4/15/2013. (Kirksey Smith, K)

March 19, 2013 RECAP
18

STIPULATION and ORDER 17 staying action until 8/1/2013. The Scheduling Conference is continued to 8/19/2013 at 02:00 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. A joint status report shall be filed no later than 8/5/2013. (Kirksey Smith, K)

April 1, 2013 RECAP
6

CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference set for 4/1/2013 at 02:00 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Attachments: # 1 Consent Form, # 2 VDRP Form) (Reader, L) (Entered: 12/07/2012)

Dec. 7, 2012
22

ORDER DISMISSING CASE signed by Senior Judge William B. Shubb on 8/1/13. The parties shall each bear its or his own costs and fees except as otherwise set forth in the settlement agreement. CASE CLOSED. (Manzer, C)

Aug. 2, 2013 RECAP
7

SUMMONS RETURNED EXECUTED: All Defendants. (Marley, Debra) (Entered: 12/13/2012)

Dec. 13, 2012
8

DECLINE to PROCEED BEFORE US MAGISTRATE JUDGE by Department of Health Care Services, Toby Douglas. Attorney Read−Spangler, Kara Kathleen added. (Read−Spangler, Kara) (Entered: 12/18/2012)

Dec. 18, 2012
9

CERTIFICATE of SERVICE by Pablo Carranza re 6 Civil New Case Documents for WBS. (Marley, Debra) (Entered: 12/20/2012)

Dec. 20, 2012
10

JOINT STIPULATION AND PROPOSED ORDER for Extension of Time to File Responsive Pleading by Department of Health Care Services, Toby Douglas. (Read−Spangler, Kara) Modified on 1/22/2013 (Kastilahn, A). (Entered: 01/18/2013)

Jan. 18, 2013
12

STIPULATION and PROPOSED ORDER for Joint Stipulation for Further Extension of Time to File Responsive Pleading and Order by Department of Health Care Services, Toby Douglas. (Read−Spangler, Kara) (Entered: 02/21/2013)

Feb. 21, 2013
14

ORDER by Chief Judge Morrison C. England, Jr.: Due to the recalled appointment of Magistrate Judge * Gregory G. Hollows* to the bench of the Eastern District, this action is reassigned to *Magistrate Judge Carolyn K. Delaney* for all further proceedings. (Waggoner, D) (Entered: 03/12/2013)

March 12, 2013
15

STIPULATION and PROPOSED ORDER for Continue Status Conference by Department of Health Care Services, Toby Douglas. (Read−Spangler, Kara) (Entered: 03/18/2013)

March 18, 2013
17

STIPULATION and PROPOSED ORDER for to Stay Case Pending Implementation of the Settlement Agreement by Department of Health Care Services, Toby Douglas. (Read−Spangler, Kara) (Entered: 03/29/2013)

March 29, 2013
20

[DISREGARD − FILED IN ERROR − REFER TO 21 AS ORIGINAL] MOTION to DISMISS by Pablo Carranza. (Attachments: # 1 Proposed Order for Dismissal, # 2 Proof of Service for Joint Stipulation of Dismissal & Proposed Order) (Marley, Debra) Modified on 7/31/2013 (Marciel, M) (Entered: 07/31/2013)

July 31, 2013
21

STIPULATION and PROPOSED ORDER for Dismissal by Pablo Carranza. (Attachments: # 1 Attachment 1 − Settlement Agreement, # 2 Proposed Order for Dismissal, # 3 Proof of Service) (Marley, Debra) Modified on 7/31/2013 (Marciel, M) (Entered: 07/31/2013)

July 31, 2013

State / Territory: California

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Olmstead Cases

Key Dates

Filing Date: Dec. 4, 2012

Closing Date: 2013

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiff is a 21-year-old with muscular dystrophy. He requires extensive home nursing care to allow him to live in the community.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

NDRN/Protection & Advocacy Organizations

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

California Department of Health Care Services, State

Defendant Type(s):

Hospital/Health Department

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

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

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

Constitutional Clause(s):

Due Process

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:

Private Settlement Agreement

Amount Defendant Pays: 69,500

Order Duration: 2013 - 2013

Content of Injunction:

Reasonable Accommodation

Issues

General:

Deinstitutionalization/decarceration

Habilitation (training/treatment)

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

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

Integrated setting

Least restrictive environment

Mobility impairment

Benefit Source:

Medicaid