Case: Disability Rights New Jersey v. Velez

3:05-cv-04723 | U.S. District Court for the District of New Jersey

Filed Date: Sept. 29, 2005

Closed Date: Aug. 1, 2017

Clearinghouse coding complete

Case Summary

NOTE: This is one of three identically named cases in the Clearinghouse. For the 2005 case challenging New Jersey's overuse of Conditional Extension Pending Placement (CEPP), see Disability Rights New Jersey v. Velez, 3:05-cv-01784. For the 2008 case challenging the long waitlists for community-based waiver services, see Disability Rights New Jersey v. Velez, 3:08-cv-01858 . Disability Rights New Jersey (DRNJ), the state Protection and Advocacy agency, filed this lawsuit to challenge New Jersey…

NOTE: This is one of three identically named cases in the Clearinghouse. For the 2005 case challenging New Jersey's overuse of Conditional Extension Pending Placement (CEPP), see Disability Rights New Jersey v. Velez, 3:05-cv-01784. For the 2008 case challenging the long waitlists for community-based waiver services, see Disability Rights New Jersey v. Velez, 3:08-cv-01858 .

Disability Rights New Jersey (DRNJ), the state Protection and Advocacy agency, filed this lawsuit to challenge New Jersey's pervasive over-institutionalization of individuals with developmental disabilities. In its complaint filed in the U.S. District Court for the District of New Jersey on September 29, 2005, DRNJ alleged that the state's failure to provide community-based support services, housing, and appropriate assessment tools has lead to the unnecessary institutionalization of this population in violation of the Americans with Disabilities Act (under the 1999 Supreme Court precedent, Olmstead v. L.C.), Section 504 of the Rehabilitation Act, and the federal Medicaid statute.

After a long period of discovery and negotiation, the parties filed cross-motions for summary judgment on March 25, 2010. Because the Defendants' summary judgment motion attacked the constitutionality of the ADA and Section 504, the U.S. Department of Justice (DOJ) filed a motion to intervene to defend the constitutionality of a federal statute. DOJ (Civil Rights Division) also separately filed a brief supporting the Plaintiffs on the merits of their motion for summary judgment.

On September 24, 2010, Judge Anne E. Thompson denied the Plaintiffs' motion and most of the Defendants' motion. She granted summary judgment to the Defendants, however, on the Plaintiffs' Medicaid Act claims, finding that the Plaintiffs do not claim a right to access financial assistance under Medicaid, but rather, they wish to access certain medical services and thus cannot raise a claim under the statute. After this order, the Plaintiffs filed a motion for reconsideration on that issue on October 6, 2010. They argued that the financial assistance v. medical services distinction had been overturned by the 2010 Patient Protection and Affordable Care Act (PPACA), and that the PPACA had resolved a circuit split and specifically overturned the cases from other circuits upon which Judge Thompson had relied in her decision. In light of this, the Judge granted the motion for reconsideration and reinstated the Plaintiffs' Medicaid claim on December 2, 2010.

After more discovery and negotiation, the parties ultimately agreed to a settlement in December 2012, which was entered by the court upon the case's dismissal in March 2013. The settlement agreement resolved both this case and a case challenging the long waitlists for Medicaid-funded Home and Community Based Waiver Services (see Disability Rights New Jersey v. Velez, 3:08-cv-01858).

Through this agreement, the State will discharge all community-eligible individuals from institutions by 2017 (about 600 people) and provide necessary services. The state will also increase screening and diversion services for those who are slated for placement in an institution. The agreement also includes funding for a consultant who will assist in implementing the agreement, and allows for Disability Rights New Jersey to serve as a monitor.

The agreement ended in 2017, and the case is now closed.

Summary Authors

Beth Kurtz (4/13/2013)

Related Cases

Disability Rights New Jersey v. Velez, District of New Jersey (2008)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5776290/parties/new-jersey-protection-advocacy-inc-v-velez/


Judge(s)
Attorney for Plaintiff

Berkley, Brian Anthony (Pennsylvania)

Carr, Jeffrey A. (Pennsylvania)

Attorney for Defendant

Beaty, Mary Stephanie (New Jersey)

Beran, Gail R. (New Jersey)

Expert/Monitor/Master/Other

Bagenstos, Samuel R. (District of Columbia)

show all people

Documents in the Clearinghouse

Document

3:05-cv-04723

Docket

March 6, 2013

March 6, 2013

Docket
17

3:05-cv-04723

Amended Complaint for Declaratory and Injuntive Relief

New Jersey Protection and Advocacy, Inc. v. Bruno

Feb. 1, 2007

Feb. 1, 2007

Complaint
54

3:05-cv-04723

Plaintiffs' Motion for Summary Judgment

Disability Rights New Jersey, Inc. v. Velez

March 25, 2010

March 25, 2010

Pleading / Motion / Brief
56

3:05-cv-04723

Defendants' Motion for Summary Judgment

Disability Rights New Jersey, Inc. v. Velez

March 25, 2010

March 25, 2010

Notice of Investigation or Suit/Demand Letter
63

3:05-cv-04723

Brief of the United States as Intervenor in Support of the Constitutionality of Section 504 of the Rehabilitation Act and Title II of the Americans with Disabilities Act

Disability Rights New Jersey, Inc. v. Velez

May 24, 2010

May 24, 2010

Pleading / Motion / Brief
67

3:05-cv-04723

Brief of the United States as Amicus Curiae in Support of Plaintiffs' Motion for Summary Judgment

Disability Rights New Jersey, Inc. v. Velez

June 21, 2010

June 21, 2010

Pleading / Motion / Brief
82

3:05-cv-04723

Opinion and Order

Disability Rights New Jersey, Inc. v. Velez

Sept. 24, 2010

Sept. 24, 2010

Order/Opinion

2010 WL 3862536

84

3:05-cv-04723

Notice of Plaintiffs' Motion for Reconsideration of the Court's September 24, 2010 Opinion and Order

Disability Rights New Jersey, Inc. v. Velez

Oct. 6, 2010

Oct. 6, 2010

Notice of Investigation or Suit/Demand Letter
90

3:05-cv-04723

Opinion and Order

Disability Rights New Jersey, Inc. v. Velez

Nov. 30, 2010

Nov. 30, 2010

Order/Opinion

2010 WL 5055820

149

3:05-cv-04723

Order

Disability Rights New Jersey, Inc. v. Velez

Dec. 21, 2012

Dec. 21, 2012

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5776290/new-jersey-protection-advocacy-inc-v-velez/

Last updated Aug. 21, 2025, 7:10 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against JAMES M. DAVY ( Filing fee $ 250 receipt number 345145.), filed by NEW JERSEY PROTECTION & ADVOCACY, INC., ALLISON HARMON.(gr) (Entered: 09/30/2005)

Sept. 29, 2005

Sept. 29, 2005

RECAP
2

WAIVER OF SERVICE Returned Executed by FREDRENA THOMPSON, NEW JERSEY PROTECTION & ADVOCACY, INC., ALLISON HARMON. JAMES M. DAVY waiver sent on 10/5/2005, answer due 12/5/2005. (DWYER, WILLIAM) (Entered: 10/31/2005)

Oct. 31, 2005

Oct. 31, 2005

PACER
3

ANSWER to Complaint by JAMES M. DAVY.(MITCHELL, BETH) (Entered: 12/05/2005)

Dec. 5, 2005

Dec. 5, 2005

PACER
4

ORDER REASSIGNING CASE. Case reassigned to Judge Stanley R. Chesler for all further proceedings. Judge Mary L. Cooper no longer assigned to case. Signed by Judge Garrett E. Brown, Jr. on 12/7/05. (ck ) (Entered: 12/07/2005)

Dec. 7, 2005

Dec. 7, 2005

PACER
5

CERTIFICATE OF SERVICE by JAMES M. DAVY re 3 Answer to Complaint (MITCHELL, BETH) (Entered: 12/08/2005)

Dec. 8, 2005

Dec. 8, 2005

PACER
6

ORDER Scheduling a rule 16 Conference set for 2/14/2006 10:30 AM in Trenton - Courtroom 6E before Magistrate Judge Tonianne J. Bongiovanni.Signed by Judge Tonianne J. Bongiovanni on 12/28/05. (Attachments: # 1 ADR MEMO)(mm) (Entered: 12/29/2005)

Dec. 28, 2005

Dec. 28, 2005

PACER
7

NOTICE of Appearance by AMY E. DUFF on behalf of JAMES M. DAVY (DUFF, AMY) (Entered: 02/01/2006)

Feb. 1, 2006

Feb. 1, 2006

PACER

Minute Entry for proceedings held before Judge Tonianne J. Bongiovanni: Initial Pretrial Conference held on 2/14/2006. (mm)

Feb. 14, 2006

Feb. 14, 2006

PACER
8

SCHEDULING ORDER: Telephone Conference set for 5/22/2006 10:30 AM in Trenton - Courtroom 6E before Magistrate Judge Tonianne J. Bongiovanni. Final Pretrial Conference set for 3/15/2008 11:00 AM in Trenton - Courtroom 6E before Magistrate Judge Tonianne J. Bongiovanni. Discovery due by 2/28/2007 & setting schedule for service of certain reports. Signed by Judge Tonianne J. Bongiovanni on 2/17/06. (ij, ) (Entered: 02/23/2006)

Feb. 23, 2006

Feb. 23, 2006

PACER
9

NOTICE of Appearance by JOHN B. KEARNEY on behalf of all plaintiffs (KEARNEY, JOHN) (Entered: 03/09/2006)

March 9, 2006

March 9, 2006

PACER

Reset Hearings: Status Telephone Conference set for 5/22/2006 1:00 PM before Magistrate Judge Tonianne J. Bongiovanni. (mm)

May 17, 2006

May 17, 2006

PACER

Minute Entry for proceedings held before Judge Tonianne J. Bongiovanni: Telephone Conference held on 5/22/2006. Status Telephone Conference set for 7/12/2006 3:00 PM before Magistrate Judge Tonianne J. Bongiovanni. Plaintiff is to initiate the call. (mm)

May 22, 2006

May 22, 2006

PACER
10

DISCOVERY CONFIDENTIALITY & PROTECTIVE ORDER. Signed by Judge Tonianne J. Bongiovanni on 5/25/06. (ck) (Entered: 05/30/2006)

May 25, 2006

May 25, 2006

PACER
11

ORDER REASSIGNING CASE. Case reassigned to Judge Freda L. Wolfson for all further proceedings. Judge Stanley R. Chesler no longer assigned to case. Signed by Judge Garrett E. Brown, Jr. on 7/10/06. (ij, ) (Entered: 07/12/2006)

July 10, 2006

July 10, 2006

PACER

Minute Entry for proceedings held before Judge Tonianne J. Bongiovanni: Telephone Conference held on 7/12/2006. Status Telephone Conference set for 9/11/2006 11:30 AM before Magistrate Judge Tonianne J. Bongiovanni. (mm)

July 12, 2006

July 12, 2006

PACER

Minute Entry for proceedings held before Judge Tonianne J. Bongiovanni: Telephone Conference held on 9/11/2006. Status Telephone Conference set for 1/25/2007 10:00 AM before Magistrate Judge Tonianne J. Bongiovanni. Plaintiff is to initiate the call. (mm)

Sept. 11, 2006

Sept. 11, 2006

PACER
12

ORDER confirming extention of certain deadlines. Signed by Judge Tonianne J. Bongiovanni on 9/13/06. (ms) (Entered: 09/15/2006)

Sept. 15, 2006

Sept. 15, 2006

PACER
13

MOTION for Leave to File Amended Complaint, Add Additional Defendant and Modify Pretrial Scheduling Order by FREDRENA THOMPSON, NEW JERSEY PROTECTION & ADVOCACY, INC., ALLISON HARMON. (Attachments: # 1 Brief # 2 Text of Proposed Order # 3 Certification)(KUZINSKI, EUGENE) (Entered: 12/20/2006)

Dec. 20, 2006

Dec. 20, 2006

PACER

Setting Deadlines as to 13 MOTION for Leave to File Amended Complaint, Add Additional Defendant and Modify Pretrial Scheduling Order. Motion set for 1/16/2007 10:00 AM in Trenton - Courtroom 6E before Magistrate Judge Tonianne J. Bongiovanni. (PLEASE NOTE THAT PURSUANT TO FED. R. CIV. P. 78 AND LOCAL RULE 7.1(B)(4), NO ORAL ARGUMENT WILL BE HELD IN THIS MATTER AND PARTIES SHOULD NOT APPEAR UNLESS SPECIFICALLY DIRECTED TO DO SO BY THE COURT.) (ij, )

Dec. 22, 2006

Dec. 22, 2006

PACER
14

ORDER extending time to file certain pleading. Signed by Judge Tonianne J. Bongiovanni on 12/27/06. (ij, ) (Entered: 12/28/2006)

Dec. 28, 2006

Dec. 28, 2006

PACER
15

RESPONSE to Motion re 13 MOTION for Leave to File Amended Complaint, Add Additional Defendant and Modify Pretrial Scheduling Order filed by JAMES M. DAVY. (DUFF, AMY) (Entered: 01/19/2007)

Jan. 19, 2007

Jan. 19, 2007

PACER

Minute Entry for proceedings held before Judge Tonianne J. Bongiovanni: Telephone Conference held on 1/25/2007. (mm)

Jan. 25, 2007

Jan. 25, 2007

PACER
16

ORDER granting 13 Motion for Leave to File an Amended Complaint by 2/16/07. Signed by Judge Tonianne J. Bongiovanni on 1/29/07. (ck) (Entered: 01/30/2007)

Jan. 30, 2007

Jan. 30, 2007

PACER
17

AMENDED COMPLAINT against Clarke Bruno, STATE OF NEW JERSEY, filed by FREDRENA THOMPSON, NEW JERSEY PROTECTION & ADVOCACY, INC., ALLISON HARMON.(KUZINSKI, EUGENE) (Entered: 02/01/2007)

Feb. 1, 2007

Feb. 1, 2007

PACER

CLERK'S OFFICE QUALITY CONTROL MESSAGE: In reference to the 17 Amended Complaint filed by E. KUZINSKI, ESQ counsel is advised when adding parties to a case to please add parties in UPPER CASE LETTERS. (ij, )

Feb. 2, 2007

Feb. 2, 2007

PACER
18

ORDER confirming certain deadlines: Telephone Conference set for 5/15/2007 11:30 AM before Magistrate Judge Tonianne J. Bongiovanni. Discovery due by 8/31/2007.. Signed by Judge Tonianne J. Bongiovanni on 2/15/07. (ck, ) (Entered: 02/16/2007)

Feb. 15, 2007

Feb. 15, 2007

PACER
19

CONSENT ORDER re-setting answer deadlines for Amended Complaint to April 3, 2007. Signed by Judge Tonianne J. Bongiovanni on 2/20/07. (ij, ) (Entered: 02/21/2007)

Feb. 20, 2007

Feb. 20, 2007

PACER
20

WAIVER OF SERVICE Returned Executed by FREDRENA THOMPSON, NEW JERSEY PROTECTION & ADVOCACY, INC., ALLISON HARMON. STATE OF NEW JERSEY waiver sent on 2/2/2007, answer due 4/3/2007. (DWYER, WILLIAM) (Entered: 03/12/2007)

March 12, 2007

March 12, 2007

PACER
21

CONSENT ORDER extending time for responsive pleading to be filed as to Amended Complaint by May 3, 2007. Signed by Judge Tonianne J. Bongiovanni on 3/19/07. (ij, ) (Entered: 03/21/2007)

March 21, 2007

March 21, 2007

PACER
22

CONSENT ORDER directing that all responsive pleadings to the amended complaint shall be due on or before June 4, 2007. Signed by Judge Tonianne J. Bongiovanni on 5/2/07. (ij, ) (Entered: 05/03/2007)

May 3, 2007

May 3, 2007

PACER

Minute Entry for proceedings held before Judge Tonianne J. Bongiovanni: Telephone Conference held on 5/15/2007. (mm)

May 15, 2007

May 15, 2007

PACER
23

ORDER confirming parties are meeting on 5/24/2007 to discuss certain issues Signed by Judge Tonianne J. Bongiovanni on 5/23/2007. (ss, ) (Entered: 05/29/2007)

May 29, 2007

May 29, 2007

PACER
24

ANSWER to Amended Complaint by CLARKE BRUNO, STATE OF NEW JERSEY. (Attachments: # 1 Certificate of Service)(MITCHELL, BETH) (Entered: 06/04/2007)

June 4, 2007

June 4, 2007

PACER
25

SCHEDULING ORDER:Telephone Conference set for 8/21/2007 11:00 AM in Trenton - Courtroom 6E before Magistrate Judge Tonianne J. Bongiovanni. Signed by Judge Tonianne J. Bongiovanni on 8/2/07. (ij, ) (Entered: 08/02/2007)

Aug. 2, 2007

Aug. 2, 2007

PACER

Minute Entry for proceedings held before Judge Tonianne J. Bongiovanni: Telephone Conference held on 8/21/2007. (mm)

Aug. 21, 2007

Aug. 21, 2007

PACER
26

LETTER ORDER:Telephone Conference set for 11/28/2007 03:00 PM in Trenton - Courtroom 6E before Magistrate Judge Tonianne J. Bongiovanni. Discovery due by 11/30/2007 and setting schedule for service of certain reports. Signed by Judge Tonianne J. Bongiovanni on 8/27/07. (ij, ) (Entered: 08/28/2007)

Aug. 27, 2007

Aug. 27, 2007

PACER
27

Substitution of Attorney - Attorney ROSEMARY BATES WALSH for ALLISON HARMON, NEW JERSEY PROTECTION & ADVOCACY, INC., and FREDRENA THOMPSON added. Attorney EUGENE J. KUZINSKI terminated. (Attachments: # 1 Certificate of Service)(WALSH, ROSEMARY) Modified on 11/16/2007 to correct text. (ms). (Entered: 11/15/2007)

Nov. 15, 2007

Nov. 15, 2007

PACER
28

MOTION for Leave to Appear Pro Hac Vice of David Ferleger by NEW JERSEY PROTECTION & ADVOCACY, INC.. (Attachments: # 1 Notice of Motion# 2 Declaration of David Ferleger# 3 Text of Proposed Order Granting Pro Hac Vice Admission# 4 Certification of Service)(DWYER, WILLIAM) (Entered: 11/26/2007)

Nov. 26, 2007

Nov. 26, 2007

PACER

Setting Deadlines as to 28 MOTION for Leave to Appear Pro Hac Vice of David Ferleger. Motion set for 1/7/2008 10:00 AM in Trenton - Courtroom 6E before Magistrate Judge Tonianne J. Bongiovanni. (PLEASE NOTE THAT PURSUANT TO FED. R. CIV. P. 78 AND LOCAL RULE 7.1(B)(4), NO ORAL ARGUMENT WILL BE HELD IN THIS MATTER AND PARTIES SHOULD NOT APPEAR UNLESS SPECIFICALLY DIRECTED TO DO SO BY THE COURT.) (ij, )

Nov. 27, 2007

Nov. 27, 2007

PACER
29

NOTICE of Appearance by JENNIFER J. DUGAN on behalf of all defendants (Attachments: # 1 Certificate of Service Cert re: notice of appearance)(DUGAN, JENNIFER) (Entered: 11/29/2007)

Nov. 29, 2007

Nov. 29, 2007

PACER
30

LETTER ORDER setting certain discovery deadlines. Signed by Judge Tonianne J. Bongiovanni on 11/28/07. (ij, ) (Entered: 11/29/2007)

Nov. 29, 2007

Nov. 29, 2007

PACER
31

CONSENT ORDER amending caption. Signed by Judge Tonianne J. Bongiovanni on 11/30/07. (ms) (Entered: 12/03/2007)

Dec. 3, 2007

Dec. 3, 2007

PACER
32

ORDER granting 28 Motion for David Ferleger, Esq to Appear Pro Hac Vice. Signed by Judge Tonianne J. Bongiovanni on 1/22/08. (ij, ) (Entered: 01/22/2008)

Jan. 22, 2008

Jan. 22, 2008

PACER
33

Substitution of Attorney. (WALSH, ROSEMARY) Modified on 2/5/2008 to show this incomplete entry by counsel is a Substitution of Attorney. (ms) (Entered: 02/04/2008)

Feb. 4, 2008

Feb. 4, 2008

PACER
34

NOTICE of Appearance by ROBERT P. DUFFIELD, II on behalf of FREDRENA THOMPSON, NEW JERSEY PROTECTION & ADVOCACY, INC., ALLISON HARMON (DUFFIELD, II, ROBERT) (Entered: 02/05/2008)

Feb. 5, 2008

Feb. 5, 2008

PACER

CLERK'S OFFICE QUALITY CONTROL MESSAGE: In reference to the 33 Substitution of Attorney filed by R. Walsh, Esq on 2/4/08 counsel is advised that this document must be re-submitted properly as the Superseding attorney (Mr. Duffield) was never added to the docket and the docket text is incomplete. (ij, )

Feb. 5, 2008

Feb. 5, 2008

PACER

Pro Hac Vice fee for DAVID FERLEGER, ESQ.: $ 150.00, receipt number 300-362971. (ms)

Feb. 5, 2008

Feb. 5, 2008

PACER
35

LETTER ORDER re-scheduling certain conference to March 5, 2008 at 9:30 a.m. Signed by Magistrate Judge Tonianne J. Bongiovanni on 2/20/08. (ij, ) (Entered: 02/21/2008)

Feb. 21, 2008

Feb. 21, 2008

PACER
36

Substitution of Attorney - Attorney GAIL R. BERAN for JENNIFER VELEZ and STATE OF NEW JERSEY added. Attorney AMY E. DUFF terminated. (ij, ) (Entered: 02/25/2008)

Feb. 25, 2008

Feb. 25, 2008

PACER

Minute Entry for proceedings held before Magistrate Judge Tonianne J. Bongiovanni: Telephone Conference held on 3/5/2008. (mm)

March 5, 2008

March 5, 2008

PACER

Remark: Fact discovery to be completed by April 1, 2008, and parties are to provide a status update. The Court shall set settlement upon completion of fact discovery. (mm)

March 6, 2008

March 6, 2008

PACER
37

ORDER resetting Fact Discovery Deadline to 4/15/2008.. Signed by Magistrate Judge Tonianne J. Bongiovanni on 3/7/2008. (tp ) (Entered: 03/10/2008)

March 10, 2008

March 10, 2008

PACER

Minute Entry for proceedings held before Magistrate Judge Tonianne J. Bongiovanni: Settlement Conference held on 5/1/2008. Status Telephone Conference set for 8/12/2008 10:30 AM before Magistrate Judge Tonianne J. Bongiovanni. (mm)

May 1, 2008

May 1, 2008

PACER
38

LETTER ORDER setting certain discovery deadlines. Signed by Magistrate Judge Tonianne J. Bongiovanni on 5/2/08. (ij, ) (Entered: 05/06/2008)

May 5, 2008

May 5, 2008

PACER
39

ORDER REASSIGNING CASE. Case reassigned to Judge Judge Anne E. Thompson for all further proceedings. Signed by Chief Judge Garrett E. Brown, Jr. on 6/11/08. (ij, ) (Entered: 06/16/2008)

June 16, 2008

June 16, 2008

PACER

Minute Entry for proceedings held before Magistrate Judge Tonianne J. Bongiovanni: Telephone Conference held on 8/12/2008. (mm)

Aug. 12, 2008

Aug. 12, 2008

PACER
40

Minute Entry for proceedings held before Magistrate Judge Tonianne J. Bongiovanni: Telephone Conference held on 9/22/2008. (DIGITALLY RECORDED B08#9.) (mm) (mm, ). (Entered: 09/23/2008)

Sept. 22, 2008

Sept. 22, 2008

PACER
41

LETTER ORDER setting telephone conference for January 23, 2009 at 10:00 a.m. Signed by Magistrate Judge Tonianne J. Bongiovanni on 10/9/08. (ij, ) (Entered: 10/10/2008)

Oct. 10, 2008

Oct. 10, 2008

PACER
42

Substitution of Attorney - Attorney DAVID L. DACOSTA and DAVID L. DACOSTA for JENNIFER VELEZ, CLARKE BRUNO and STATE OF NEW JERSEY added. Attorney JENNIFER J. DUGAN terminated.. (DACOSTA, DAVID) (Entered: 10/16/2008)

Oct. 16, 2008

Oct. 16, 2008

PACER
43

STIPULATION re 17 Amended Complaint, 1 Complaint changing the caption to reflect Plaitniff's new name by JENNIFER VELEZ, STATE OF NEW JERSEY. (MITCHELL, BETH) (Entered: 10/24/2008)

Oct. 24, 2008

Oct. 24, 2008

PACER
44

STIPULATION & ORDER that "Disability Rights New Jersey, Inc." be substituted for "New Jersey Protection & Advocacy, Inc." as plaintiff. Signed by Magistrate Judge Tonianne J. Bongiovanni on 10/29/08. (ij, ) (Entered: 10/30/2008)

Oct. 29, 2008

Oct. 29, 2008

PACER

Minute Entry for proceedings held before Magistrate Judge Tonianne J. Bongiovanni: Telephone Conference held on 1/23/2009. (mm)

Jan. 23, 2009

Jan. 23, 2009

PACER

TEXT ORDER - Status Conference via telephone set for April 16, 2009 at 1:00 PM before Magistrate Judge Tonianne J. Bongiovanni. It shall be plaintiffs counsels responsibility to contact all counsel to set up the conference as well as to initiate the call. Kindly mark your calendar accordingly. Ordered by Magistrate Judge Tonianne J. Bongiovanni.(mm)

March 20, 2009

March 20, 2009

PACER

Minute Entry for proceedings held before Magistrate Judge Tonianne J. Bongiovanni: Telephone Conference held on 4/16/2009. (mm)

April 16, 2009

April 16, 2009

PACER
45

ORDER SCHEDULING ORDER: Telephone Conference set for 9/10/2009 10:00 AM before Magistrate Judge Tonianne J. Bongiovanni., Motions due by 12/11/2009.. Signed by Magistrate Judge Tonianne J. Bongiovanni on 5/8/09. (lk) (Entered: 05/08/2009)

May 8, 2009

May 8, 2009

PACER
46

NOTICE of Appearance by GERARD ANDREW HUGHES on behalf of JENNIFER VELEZ, CLARKE BRUNO, STATE OF NEW JERSEY (HUGHES, GERARD) (Entered: 09/04/2009)

Sept. 4, 2009

Sept. 4, 2009

PACER
47

LETTER ORDER rescheduling the Telephone Conference originally set for 9/10/2009 to 9/21/2009 at 3:00 PM before Magistrate Judge Tonianne J. Bongiovanni. Pltf shall initiate the call. Signed by Magistrate Judge Tonianne J. Bongiovanni on 9/8/2009. (gxh) (Entered: 09/08/2009)

Sept. 8, 2009

Sept. 8, 2009

PACER

Minute Entry for proceedings held before Magistrate Judge Tonianne J. Bongiovanni: Telephone Conference held on 9/21/2009. Status report regarding discovery is due to this Court no later than November 17, 2009. (mm)

Sept. 21, 2009

Sept. 21, 2009

PACER
48

LETTER ORDER extending the deadline for Deft to serve her expert report to 11/13/2009, the deadline for the status update to the court to 12/1/2009, the deadline for expert depositions to 12/4/2009 and the deadline for dispositive motions to 1/11/2010. Signed by Magistrate Judge Tonianne J. Bongiovanni on 10/29/2009. (gxh) (Entered: 10/29/2009)

Oct. 29, 2009

Oct. 29, 2009

PACER
49

LETTER ORDER extending the deadline for completion of expert depositions to 12/18/2009 and the deadline for dispositive motions to 1/25/2010. Signed by Magistrate Judge Tonianne J. Bongiovanni on 11/24/2009. (gxh) (Entered: 11/24/2009)

Nov. 24, 2009

Nov. 24, 2009

PACER
50

LETTER ORDER granting the parties' request for an extension of time to file dispositive motions until 2/25/2010. Signed by Magistrate Judge Tonianne J. Bongiovanni on 1/20/2010. (gxh) (Entered: 01/20/2010)

Jan. 20, 2010

Jan. 20, 2010

PACER
51

LETTER ORDER extending the deadline for the filing of dispositive motions to 3/11/2010. Signed by Magistrate Judge Tonianne J. Bongiovanni on 2/16/2010. (gxh) (Entered: 02/17/2010)

Feb. 17, 2010

Feb. 17, 2010

PACER
52

LETTER ORDER granting counsel's request for a two-week extension of time to 3/25/2010 to file summary judgment motions; granting counsel's request for leave to file overlength summary judgment briefs. Signed by Magistrate Judge Tonianne J. Bongiovanni on 3/5/2010. (gxh) (Entered: 03/08/2010)

March 5, 2010

March 5, 2010

PACER
53

LETTER ORDER granting counsel's request for a two-week extension of time to 3/25/2010 to file summary judgment motions; granting counsel's request for leave to file overlength summary judgment briefs. Signed by Magistrate Judge Tonianne J. Bongiovanni on 3/10/2010. (gxh) (Entered: 03/10/2010)

March 10, 2010

March 10, 2010

PACER
54

MOTION for Summary Judgment by DISABILITY RIGHTS NEW JERSEY, INC., ALLISON HARMON, FREDRENA THOMPSON. Responses due by 4/5/2010 (Attachments: # 1 Text of Proposed Order, # 2 Brief, # 3 Certification of Counsel, # 4 Exhibit A, # 5 Exhibit B Part 1 of 3, # 6 Exhibit B Part 2 of 3, # 7 Exhibit B Part 3 of 3, # 8 Exhibit C, D and E, # 9 Exhibit F. G and H, # 10 Exhibit I, # 11 Exhibit J, K and L, # 12 Exhibit M Part 1 of 4, # 13 Exhibit M Part 2 of 4, # 14 Exhibit M Part 3 of 4, # 15 Exhibit M Part 4 of 4, # 16 Exhibit N, O, P and Q, # 17 Exhibit R, S and T, # 18 Exhibit U Part 1 of 4, # 19 Exhibit U Part 2 of 4, # 20 Exhibit U Part 3 of 4, # 21 Exhibit U Part 4 of 4, # 22 Exhibit V, W and X, # 23 Exhibit Y, # 24 Exhibit Z, # 25 Exhibit AA, BB, CC, DD and EE, # 26 Statement of Undisputed Material Facts, # 27 Certificate of Service)(KEARNEY, JOHN) (Entered: 03/25/2010)

March 25, 2010

March 25, 2010

PACER
55

MOTION to Preclude Testimony of Defendants' Expert Robert Gettings Pursuant to Federal Rule of Evidence 702 by DISABILITY RIGHTS NEW JERSEY, INC., ALLISON HARMON, FREDRENA THOMPSON. (Attachments: # 1 Text of Proposed Order, # 2 Brief, # 3 Certification of Counsel, # 4 Exhibit A, # 5 Exhibit B, # 6 Exhibit C, # 7 Certificate of Service)(KEARNEY, JOHN) (Entered: 03/25/2010)

March 25, 2010

March 25, 2010

PACER
56

MOTION for Summary Judgment by STATE OF NEW JERSEY, JENNIFER VELEZ. Responses due by 4/16/2010 (Attachments: # 1 Brief, # 2 Statement of Material Facts, # 3 Certification of Kenneth Ritchey, # 4 Certification of Patricia Merk, # 5 Certification of Jonathan Seifried, # 6 Certification of Gerard Hughes, # 7 Exhibit A (Part 1), # 8 Exhibit A (Part 2) through C, # 9 Exhibit D through M, # 10 Certificate of Service, # 11 Text of Proposed Order)(HUGHES, GERARD) (Entered: 03/25/2010)

March 25, 2010

March 25, 2010

PACER

Set Deadlines as to 55 MOTION to Preclude Testimony of Defendants' Expert Robert Gettings Pursuant to Federal Rule of Evidence 702, 54 MOTION for Summary Judgment. Motion set for 4/19/2010 before Judge Anne E. Thompson. The motion will be decided on the papers. No appearances required unless notified by the court. (gxh)

March 25, 2010

March 25, 2010

PACER

Set Deadlines as to 56 MOTION for Summary Judgment. Motion set for 5/3/2010 before Judge Anne E. Thompson. The motion will be decided on the papers. No appearances required unless notified by the court. (gxh)

March 26, 2010

March 26, 2010

PACER
57

ORDER certifying to the Attorney General of the United States a challenge to the constitutionality of an Act of Congress; that in the event the United States seeks to file a petition for intervention, it shall do so by 5/5/2010; directing Clerk to send a copy of this Order to the United States Attorney for this District, the Office of the Attorney General, and the United States Department of Justice. Signed by Judge Anne E. Thompson on 4/5/2010. (gxh) (Entered: 04/05/2010)

April 5, 2010

April 5, 2010

PACER
58

LETTER ORDER that the deadline for opposition briefs for the Motions for Summary Judgment and Motion to Preclude Defts' experts is 5/24/2010; reply briefs due 6/23/2010. Signed by Judge Anne E. Thompson on 4/5/2010. (gxh) (Entered: 04/05/2010)

April 5, 2010

April 5, 2010

PACER
59

NOTICE by UNITED STATES OF AMERICA to Intervene Pursuant to 28 U.S.C. 2403(a) (Attachments: # 1 Certificate of Service)(RUYMANN, JOHN) (Entered: 05/05/2010)

May 5, 2010

May 5, 2010

PACER
60

NOTICE of Appearance by JOHN ANDREW RUYMANN on behalf of UNITED STATES OF AMERICA (Attachments: # 1 Certificate of Service)(RUYMANN, JOHN) (Entered: 05/05/2010)

May 5, 2010

May 5, 2010

PACER
61

MOTION for Leave to Appear Amicus Curiae by UNITED STATES OF AMERICA. (Attachments: # 1 Memorandum in Support of Motion, # 2 Text of Proposed Order, # 3 Brief)(FARANO, RICHARD) (Entered: 05/24/2010)

May 24, 2010

May 24, 2010

PACER
62

MEMORANDUM in Opposition re 56 MOTION for Summary Judgment of Defendants filed by DISABILITY RIGHTS NEW JERSEY, INC., ALLISON HARMON, FREDRENA THOMPSON. (Attachments: # 1 Statement of Undisputed Material Facts (Response), # 2 Certificate of Service, # 3 Certification of Counsel, # 4 Exhibit FF, Part 1, # 5 Exhibit FF, Part 2, # 6 Exhibit FF, Part 3, # 7 Exhibit GG, # 8 Exhibit HH, # 9 Exhibit II, # 10 Exhibit JJ, # 11 Exhibit KK, # 12 Exhibit LL)(DUFFIELD, ROBERT) (Entered: 05/24/2010)

May 24, 2010

May 24, 2010

PACER
63

BRIEF of the United States as Intervenor in Support of the Constitutionality of Section 504 of the Rehabilitation Act and Title II of the Americans with Disabilities Act filed by UNITED STATES OF AMERICA. (Attachments: # 1 Certificate of Service)(RUYMANN, JOHN) (Entered: 05/24/2010)

May 24, 2010

May 24, 2010

PACER
64

BRIEF in Opposition re 54 MOTION for Summary Judgment filed by STATE OF NEW JERSEY, JENNIFER VELEZ. (Attachments: # 1 Statement Counter Statement of Fact, # 2 Certification of Gerard Hughes, # 3 Exhibit A through E, # 4 Exhibit F through K, # 5 Certification of Kenneth Ritchey, # 6 Certificate of Service)(HUGHES, GERARD) (Entered: 05/24/2010)

May 24, 2010

May 24, 2010

PACER
65

BRIEF in Opposition re 55 MOTION to Preclude Testimony of Defendants' Expert Robert Gettings Pursuant to Federal Rule of Evidence 702 filed by STATE OF NEW JERSEY, JENNIFER VELEZ. (Attachments: # 1 Certification of Gerard Hughes, # 2 Exhibit A and B, # 3 Certificate of Service)(HUGHES, GERARD) (Entered: 05/24/2010)

May 24, 2010

May 24, 2010

PACER

Set Deadlines as to 61 MOTION for Leave to Appear Amicus Curiae. Motion set for 6/21/2010 before Judge Anne E. Thompson. The motion will be decided on the papers. No appearances required unless notified by the court. (gxh)

May 24, 2010

May 24, 2010

PACER
66

ORDER granting 61 Motion to Appear Amicus Curiae; directing the Clerk to file the brief of the United States as amicus curiae. Signed by Judge Anne E. Thompson on 6/18/2010. (gxh) (Entered: 06/21/2010)

June 21, 2010

June 21, 2010

PACER
67

BRIEF in Support re 54 MOTION for Summary Judgment filed by UNITED STATES OF AMERICA as amicus curiae. [Filed per 66 ORDER] (gxh) (Entered: 06/21/2010)

June 21, 2010

June 21, 2010

PACER
68

REPLY BRIEF to Opposition to Motion re 55 MOTION to Preclude Testimony of Defendants' Expert Robert Gettings Pursuant to Federal Rule of Evidence 702 filed by DISABILITY RIGHTS NEW JERSEY, INC., ALLISON HARMON, FREDRENA THOMPSON. (DUFFIELD, ROBERT) (Entered: 06/23/2010)

June 23, 2010

June 23, 2010

PACER
69

REPLY BRIEF to Opposition to Motion re 54 MOTION for Summary Judgment filed by DISABILITY RIGHTS NEW JERSEY, INC., ALLISON HARMON, FREDRENA THOMPSON. (Attachments: # 1 Certification of Counsel, # 2 Certificate of Service)(DUFFIELD, ROBERT) (Entered: 06/23/2010)

June 23, 2010

June 23, 2010

PACER
70

REPLY BRIEF to Opposition to Motion re 56 MOTION for Summary Judgment and to United States' amicus curiae and intervening briefs filed by STATE OF NEW JERSEY, JENNIFER VELEZ. (Attachments: # 1 Certification of Counsel, # 2 Exhibit A, # 3 Certificate of Service)(HUGHES, GERARD) (Entered: 06/23/2010)

June 23, 2010

June 23, 2010

PACER
71

Letter from W. Emmett Dwyer. (Attachments: # 1 attachment, # 2 attachment)(DWYER, WILLIAM) (Entered: 06/28/2010)

June 28, 2010

June 28, 2010

PACER
72

Substitution of Attorney - Attorney JOHN B. KEARNEY terminated. Attorney ANGELO A. STIO, III for DISABILITY RIGHTS NEW JERSEY, INC.,ANGELO A. STIO, III for ALLISON HARMON,ANGELO A. STIO, III for FREDRENA THOMPSON added.. (STIO, ANGELO) (Entered: 07/26/2010)

July 26, 2010

July 26, 2010

PACER

Set Deadlines as to 56 MOTION for Summary Judgment, 54 MOTION for Summary Judgment. Motion hearing set for 9/22/2010 10:00 AM in Trenton - Courtroom 4W before Judge Anne E. Thompson. (jb, )

Aug. 3, 2010

Aug. 3, 2010

PACER
73

NOTICE of Appearance by TRAVIS PAUL NELSON on behalf of All Plaintiffs (NELSON, TRAVIS) (Entered: 08/04/2010)

Aug. 4, 2010

Aug. 4, 2010

PACER
74

OPINION & ORDER denying without prejudice 55 Pltfs' Motion to Exclude the Testimony of Deft's Expert Robert Gettings. Signed by Judge Anne E. Thompson on 8/8/2010. (gxh)

Aug. 10, 2010

Aug. 10, 2010

RECAP
75

Letter from Gerard Hughes. (Attachments: # 1 Certification of Kenneth Ritchey w Exhibits A - E)(HUGHES, GERARD) (Entered: 08/31/2010)

Aug. 31, 2010

Aug. 31, 2010

PACER

Case Details

State / Territory: New Jersey

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Olmstead Cases

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 29, 2005

Closing Date: Aug. 1, 2017

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Disability Rights New Jersey is the state Protection and Advocacy agency. DRNJ brings this case on behalf of individuals with developmental disabilities living in New Jersey.

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

New Jersey Department of Human Services, State

Defendant Type(s):

Jurisdiction-wide

Hospital/Health Department

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

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

Constitutional Clause(s):

Due Process

Available 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

Content of Injunction:

Preliminary relief granted

Reasonable Accommodation

Discrimination Prohibition

Reporting

Monitoring

Order Duration: 2013 - 2017

Issues

General/Misc.:

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

Benefits (Source):

Medicaid

Disability and Disability Rights:

Disability, unspecified

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

Habilitation (training/treatment)