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 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 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

Docket

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

Last updated April 20, 2025, 10:37 a.m.

ECF Number Description Date Link Date / Link
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
82

OPINION & ORDER denying 54 Pltfs' Motion for Summary Judgment; granting in part and denying in part 56 Defts' Motion for Summary Judgment; that Pltfs' Medicaid Act claim (Count III of the Amended Complaint) is DISMISSED. Signed by Judge Anne E. Thompson on 9/24/2010. (gxh)

Sept. 24, 2010

Sept. 24, 2010

RECAP
90

OPINION & ORDER granting 84 Pltfs' Motion for Reconsideration; that Pltfs' Medicaid Act claim (Count III of the Amended Complaint) is hereby reinstated. Signed by Judge Anne E. Thompson on 11/30/2010. (gxh)

Dec. 2, 2010

Dec. 2, 2010

RECAP
91

LETTER ORDER that the Conference is rescheduled to 1/5/2011 at 10:30 AM. Plaintiff shall initiate the call. Signed by Magistrate Judge Tonianne J. Bongiovanni on 12/20/2010. (gxh) (Entered: 12/21/2010)

Dec. 20, 2010

Dec. 20, 2010

PACER
92

Notice to be terminated and withdraw from Notices of Electronic filing as to case. Attorney GAIL R. BERAN terminated. (BERAN, GAIL) (Entered: 12/29/2010)

Dec. 29, 2010

Dec. 29, 2010

PACER

Minute Entry for proceedings held before Magistrate Judge Tonianne J. Bongiovanni: Telephone Conference held on 1/5/2011. (mm)

Jan. 5, 2011

Jan. 5, 2011

PACER
93

AMENDED CASE MANAGEMENT ORDER, Plaintiff's proposed Second Amended Complaint due by 1/19/2011. Signed by Magistrate Judge Tonianne J. Bongiovanni on 1/5/2011. (eaj) (Entered: 01/06/2011)

Jan. 6, 2011

Jan. 6, 2011

PACER
94

NOTICE of Appearance by WILLIAM GIBSON on behalf of DISABILITY RIGHTS NEW JERSEY, INC., ALLISON HARMON, FREDRENA THOMPSON (GIBSON, WILLIAM) (Entered: 02/03/2011)

Feb. 3, 2011

Feb. 3, 2011

PACER
95

MOTION for Leave to File Second Amended Complaint by DISABILITY RIGHTS NEW JERSEY, INC., ALLISON HARMON, FREDRENA THOMPSON. (Attachments: # 1 Brief, # 2 Declaration of Angelo A. Stio, Esq., # 3 Declaration of William Emmett Dwyer, Esq., # 4 Exhibit A to Dwyer Declaration, # 5 Text of Proposed Order, # 6 Certificate of Service)(GIBSON, WILLIAM) (Entered: 02/03/2011)

Feb. 3, 2011

Feb. 3, 2011

PACER

Set Deadlines as to 95 MOTION for Leave to File Second Amended Complaint. Motion set for 3/7/2011 before Magistrate Judge Tonianne J. Bongiovanni. The motion will be decided on the papers. No appearances required unless notified by the court. (gxh)

Feb. 4, 2011

Feb. 4, 2011

PACER
96

RESPONSE in Opposition re 95 MOTION for Leave to File Second Amended Complaint filed by JENNIFER VELEZ. (Attachments: # 1 Text of Proposed Order, # 2 Declaration)(MC ILVAIN, JAMES) (Entered: 02/22/2011)

Feb. 22, 2011

Feb. 22, 2011

PACER
97

Letter from Angelo A. Stio III. (STIO, ANGELO) (Entered: 02/24/2011)

Feb. 24, 2011

Feb. 24, 2011

PACER
98

REPLY BRIEF to Opposition to Motion re 95 MOTION for Leave to File Second Amended Complaint filed by DISABILITY RIGHTS NEW JERSEY, INC., ALLISON HARMON, FREDRENA THOMPSON. (GIBSON, WILLIAM) (Entered: 02/28/2011)

Feb. 28, 2011

Feb. 28, 2011

PACER
99

LETTER ORDER granting counsel's request for a one-week extension of time, to 3/7/2011, to file a reply brief in support of Pltfs' Motion for Leave to File a Second Amended Complaint. Signed by Magistrate Judge Tonianne J. Bongiovanni on 2/28/2011. (gxh) (Entered: 03/01/2011)

March 1, 2011

March 1, 2011

PACER
100

Letter from Angelo A. Stio III. (STIO, ANGELO) (Entered: 03/07/2011)

March 7, 2011

March 7, 2011

PACER
101

LETTER ORDER that oral argument on Pltf Disabilities Rights New Jersey, Inc.'s Motion for Leave to File a Second Amended Complaint will take place on 4/7/2011 at 10:15 AM. Signed by Magistrate Judge Tonianne J. Bongiovanni on 3/31/2011. (gxh) (Entered: 04/01/2011)

March 31, 2011

March 31, 2011

PACER
102

Letter from counsel for the United States stating that United States does not intend to appear at oral argument set for April 7, 2011. (Attachments: # 1 Certificate of Service)(RUYMANN, JOHN) (Entered: 04/06/2011)

April 6, 2011

April 6, 2011

PACER
103

NOTICE of Appearance by BRIAN ANTHONY BERKLEY on behalf of DISABILITY RIGHTS NEW JERSEY, INC., ALLISON HARMON, FREDRENA THOMPSON (BERKLEY, BRIAN) (Entered: 04/06/2011)

April 6, 2011

April 6, 2011

PACER
104

LETTER ORDER granting in part and denying in part 95 Pltfs' Motion for Leave to File a Second Amended Complaint; that Pltfs may file an amended complaint in order to add only Reginald Brown and Jonathan Stevens as Pltfs; that Pltfs must file their amended complaint by 4/21/2011. Signed by Magistrate Judge Tonianne J. Bongiovanni on 4/7/2011. (gxh) (Entered: 04/07/2011)

April 7, 2011

April 7, 2011

PACER
105

Minute Entry for proceedings held before Magistrate Judge Tonianne J. Bongiovanni: Motion Hearing held on 4/7/2011 re 95 MOTION for Leave to File Second Amended Complaint. Ordered motion granted in part and denied in part. (DIGITALLY RECORDED)(mm) (Entered: 04/11/2011)

April 11, 2011

April 11, 2011

PACER
106

AMENDED COMPLAINT (Second Amended Complaint) against STATE OF NEW JERSEY, JENNIFER VELEZ, filed by FREDRENA THOMPSON, DISABILITY RIGHTS NEW JERSEY, INC., ALLISON HARMON, REGINALD BROWN, JONATHAN STEVENS.(GIBSON, WILLIAM) (Entered: 04/21/2011)

April 21, 2011

April 21, 2011

PACER
107

Application and Proposed Order for Clerk's Order to extend time to answer. (BEATY, MARY) (Entered: 05/11/2011)

May 11, 2011

May 11, 2011

PACER
108

ANSWER to Amended Complaint by STATE OF NEW JERSEY, JENNIFER VELEZ. (Attachments: # 1 Certificate of Service)(HUGHES, GERARD) (Entered: 05/26/2011)

May 26, 2011

May 26, 2011

PACER
109

LETTER ORDER granting Defts' request for an additional 30 days to complete the retention process and to transfer the files. Signed by Magistrate Judge Tonianne J. Bongiovanni on 5/31/2011. (gxh) (Entered: 06/01/2011)

June 1, 2011

June 1, 2011

PACER
110

Transcript of MOTION FOR LEAVE TO FILE SECOND AMENDED COMPLAINT held on 4/7/2011, before Judge TONIANNE J. BONGIOVANNI. Court Reporter/Transcriber AudioEdge Transcription, LLC, Telephone number (973) 618-2310. NOTICE REGARDING REDACTION OF TRANSCRIPTS: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this Transcript. Redaction Request due 7/5/2011. Redacted Transcript Deadline set for 7/15/2011. Release of Transcript Restriction set for 9/12/2011. (mmh) (Entered: 06/14/2011)

June 14, 2011

June 14, 2011

PACER
111

Substitution of Attorney - Attorney NATALIE D'AMORA and JAMES BRADFORD MC ILVAIN terminated. Attorney LANCE J. KALIK for STATE OF NEW JERSEY,LANCE J. KALIK for JENNIFER VELEZ added.. (KALIK, LANCE) (Entered: 06/17/2011)

June 17, 2011

June 17, 2011

PACER
112

CORRECTED Transcript of MOTION FOR LEAVE TO FILE SECOND AMENDED COMPLAINT held on 4/7/2011, before Judge TONIANNE J. BONGIOVANNI. Court Reporter/Transcriber AudioEdge Transcription, LLC, Telephone number (973) 618-2310. NOTICE REGARDING REDACTION OF TRANSCRIPTS: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this Transcript. Redaction Request due 7/11/2011. Redacted Transcript Deadline set for 7/21/2011. Release of Transcript Restriction set for 9/19/2011. (mmh, ) (Entered: 06/20/2011)

June 20, 2011

June 20, 2011

PACER
113

LETTER ORDER setting a schedule for this case going forward; Fact Discovery due by 11/18/2011; setting a Final Pretrial Conference for 12/22/2011 at 11:00 AM in Trenton - Courtroom 6E before Magistrate Judge Tonianne J. Bongiovanni; setting a Conference Call, which Pltf shall initiate, for 10/12/2011 at 10:30 AM before Magistrate Judge Tonianne J. Bongiovanni. Signed by Magistrate Judge Tonianne J. Bongiovanni on 7/21/2011. (gxh) (Entered: 07/21/2011)

July 21, 2011

July 21, 2011

PACER
114

Letter from William Gidson to Judge Bongiovanni concerning service of updated Rule 26 Disclosures. (BERKLEY, BRIAN) (Entered: 08/12/2011)

Aug. 12, 2011

Aug. 12, 2011

PACER
115

Letter from Brenda C. Liss to Court dated 8.12.11. (LISS, BRENDA) (Entered: 08/12/2011)

Aug. 12, 2011

Aug. 12, 2011

PACER
116

Letter from William Gibson. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(GIBSON, WILLIAM) (Entered: 09/02/2011)

Sept. 2, 2011

Sept. 2, 2011

PACER
117

Letter from Lance Kalik to Hon. Bongiovanni dated Sept. 6, 2011 re 116 Letter. (KALIK, LANCE) (Entered: 09/06/2011)

Sept. 6, 2011

Sept. 6, 2011

PACER
118

LETTER ORDER that, in light of Defts' apparent confusion, its discovery responses which are overdue, are to be produced by 9/12/2011. Signed by Magistrate Judge Tonianne J. Bongiovanni on 9/6/2011. (gxh) (Entered: 09/06/2011)

Sept. 6, 2011

Sept. 6, 2011

PACER

Minute Entry for proceedings held before Magistrate Judge Tonianne J. Bongiovanni: Telephone Conference held on 10/12/2011. (mm)

Oct. 12, 2011

Oct. 12, 2011

PACER
119

NOTICE of Appearance by BRENDA C. LISS on behalf of STATE OF NEW JERSEY, JENNIFER VELEZ (LISS, BRENDA) (Entered: 10/13/2011)

Oct. 13, 2011

Oct. 13, 2011

PACER
120

Letter from Robert P. Duffield, II. (DUFFIELD, ROBERT) (Entered: 10/17/2011)

Oct. 17, 2011

Oct. 17, 2011

PACER
121

Letter from William Gibson. (GIBSON, WILLIAM) (Entered: 10/26/2011)

Oct. 26, 2011

Oct. 26, 2011

PACER
122

LETTER ORDER that Defts' expert reports shall be due on 12/20/2011; that the Final Pretrial Conference set for 12/22/2011 at 11:00 AM is converted to a Telephone Conference which shall be initiated by Pltf. Signed by Magistrate Judge Tonianne J. Bongiovanni on 10/27/2011. (gxh) (Entered: 10/27/2011)

Oct. 27, 2011

Oct. 27, 2011

PACER
123

Letter from Brenda Liss to Hon. Bongiovanni re: deliberative process privilege re 120 Letter. (Attachments: # 1 Exhibit A)(KALIK, LANCE) (Entered: 10/27/2011)

Oct. 27, 2011

Oct. 27, 2011

PACER
124

AFFIDAVIT of Dawn Agar re 123 Letter as to deliberative process privilege by STATE OF NEW JERSEY, JENNIFER VELEZ. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(KALIK, LANCE) (Entered: 10/27/2011)

Oct. 27, 2011

Oct. 27, 2011

PACER
125

Notice to be terminated and withdraw from Notices of Electronic filing as to case. Attorney DAVID L. DACOSTA terminated. (DACOSTA, DAVID) (Entered: 10/31/2011)

Oct. 31, 2011

Oct. 31, 2011

PACER
126

Letter from William Gibson. (Attachments: # 1 Exhibit A)(GIBSON, WILLIAM) (Entered: 10/31/2011)

Oct. 31, 2011

Oct. 31, 2011

PACER
127

Letter from Brenda Liss to Hon. Bongiovanni re: Plaintiffs' 10/31 ltr on deliberative process privilege. (KALIK, LANCE) (Entered: 11/01/2011)

Nov. 1, 2011

Nov. 1, 2011

PACER
128

Letter from William Gibson. (GIBSON, WILLIAM) (Entered: 11/04/2011)

Nov. 4, 2011

Nov. 4, 2011

PACER
129

Letter from Brenda Liss to Hon. Bongiovanni dated November 4, 2011. (LISS, BRENDA) (Entered: 11/04/2011)

Nov. 4, 2011

Nov. 4, 2011

PACER
130

Letter from William Gibson re 129 Letter. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(GIBSON, WILLIAM) (Entered: 11/07/2011)

Nov. 7, 2011

Nov. 7, 2011

PACER
131

Letter from Brenda Liss to Hon. Bongiovanni re: Plaintiffs' 11/7 letter re 130 Letter, 112 Transcript,,. (KALIK, LANCE) (Entered: 11/08/2011)

Nov. 8, 2011

Nov. 8, 2011

PACER
132

LETTER ORDER granting Pltfs' request that the deadline to serve their expert report be extended to 11/7/2011. Signed by Magistrate Judge Tonianne J. Bongiovanni on 11/7/2011. (gxh) (Entered: 11/09/2011)

Nov. 9, 2011

Nov. 9, 2011

PACER
133

LETTER ORDER that, having reviewed the submission of the parties and for the reasons cited herein by Deft, the Court finds that the identified documents, which it has reviewed in camera as described by the Deputy Commissioner of DDD, Dawn Apgar (see Docket Entry No. 124 ) in her affidavit dated 10/27/2011, have appropriately been withheld pursuant to the deliberative process privilege. Signed by Magistrate Judge Tonianne J. Bongiovanni on 11/7/2011. (gxh) (Entered: 11/09/2011)

Nov. 9, 2011

Nov. 9, 2011

PACER
134

TEXT ORDER - Status Conference via telephone set for November 16, 2011 at 10:00 AM 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) (Entered: 11/09/2011)

Nov. 9, 2011

Nov. 9, 2011

PACER
135

Minute Entry for proceedings held before Magistrate Judge Tonianne J. Bongiovanni: Telephone Conference held on 11/16/2011. (DIGITALLY RECORDED) (mm) (Entered: 11/16/2011)

Nov. 16, 2011

Nov. 16, 2011

PACER
136

Letter from William Gibson regarding joint proposed discovery schedule. (GIBSON, WILLIAM) (Entered: 12/15/2011)

Dec. 15, 2011

Dec. 15, 2011

PACER
137

LETTER ORDER setting certain deadlines; that fact discovery is to be completed by 2/29/2012; setting a Telephone Conference, which Pltf shall initiate, for 3/1/2012 at 3:30 PM before Magistrate Judge Tonianne J. Bongiovanni. Signed by Magistrate Judge Tonianne J. Bongiovanni on 12/16/2011. (gxh) (Entered: 12/19/2011)

Dec. 19, 2011

Dec. 19, 2011

PACER
138

Letter from Lance Kalik. (KALIK, LANCE) (Entered: 02/17/2012)

Feb. 17, 2012

Feb. 17, 2012

PACER
139

LETTER ORDER that this matter is stayed; that an update is to be provided by 3/30/2012. Signed by Magistrate Judge Tonianne J. Bongiovanni on 2/21/2012. (gxh) (Entered: 02/22/2012)

Feb. 22, 2012

Feb. 22, 2012

PACER
140

Letter from Lance J. Kalik. (KALIK, LANCE) (Entered: 03/30/2012)

March 30, 2012

March 30, 2012

PACER
141

LETTER ORDER granting counsel's request for an additional 30-day stay of the deadlines. Signed by Magistrate Judge Tonianne J. Bongiovanni on 4/2/2012. (gxh) (Entered: 04/02/2012)

April 2, 2012

April 2, 2012

PACER
142

Letter from Lance Kalik. (KALIK, LANCE) (Entered: 04/30/2012)

April 30, 2012

April 30, 2012

PACER
143

LETTER ORDER granting counsel's request for an additional 30-day stay of the deadlines. Signed by Magistrate Judge Tonianne J. Bongiovanni on 5/1/2012. (gxh) (Entered: 05/01/2012)

May 1, 2012

May 1, 2012

PACER
144

Letter from Brenda C. Liss to Court dated June 1, 2012. (LISS, BRENDA) (Entered: 06/01/2012)

June 1, 2012

June 1, 2012

PACER
145

LETTER ORDER that the Court will conduct a Settlement Conference in these matters on 8/3/2012 at 02:00 PM in Trenton - Courtroom 7E before Magistrate Judge Lois H. Goodman. Signed by Magistrate Judge Lois H. Goodman on 6/11/2012. (eaj) (Entered: 06/11/2012)

June 11, 2012

June 11, 2012

PACER
146

PRETRIAL SCHEDULING ORDER setting a Settlement Conference for 10/1/2012 at 2:00 PM in Trenton - Courtroom 7E before Magistrate Judge Lois H. Goodman; setting a Telephone Status Conference, which Ms. Liss shall initiate, for 9/24/2012 at 4:00 PM before Magistrate Judge Lois H. Goodman; that Pltfs are to submit their itemized bills to Deft by 8/17/2012; that Deft is to respond to Pltfs' submission by 9/17/2012. Signed by Magistrate Judge Lois H. Goodman on 8/10/2012. (gxh) (Entered: 08/10/2012)

Aug. 10, 2012

Aug. 10, 2012

PACER
147

CONSENT ORDER as to confidentiality of Pltfs' attys' fees and costs. Signed by Magistrate Judge Lois H. Goodman on 8/30/2012. (gxh) (Entered: 08/30/2012)

Aug. 30, 2012

Aug. 30, 2012

PACER
148

NOTICE by STATE OF NEW JERSEY, JENNIFER VELEZ Notice of Withdrawal of Appearance of Stephanie Beaty, Esq. (JENKINS, KIMBERLY) (Entered: 09/26/2012)

Sept. 26, 2012

Sept. 26, 2012

PACER

CLERK'S QUALITY CONTROL MESSAGE - The Withdrawal of Appearance 148 filed by K. Jenkins, Esq. on 9/26/2012 was submitted incorrectly as a Notice (Other). PLEASE have Stephanie Beaty, Esq. RESUBMIT the Withdrawal of Appearance USING the event NOTICE TO WITHDRAW FROM NEF AS TO CASE found under Other Filings -> Notices. This submission will remain on the docket unless otherwise ordered by the court. (gxh)

Sept. 27, 2012

Sept. 27, 2012

PACER
149

ORDER dismissing case without prejudice as settled. Signed by Judge Anne E. Thompson on 12/21/2012. (gxh) (Entered: 12/21/2012)

Dec. 21, 2012

Dec. 21, 2012

PACER

***Civil Case Terminated. (gxh)

Dec. 21, 2012

Dec. 21, 2012

PACER
150

Letter from Brenda C. Liss to Court dated 2.15.13 with attached order requesting extension of time to consummate the settlement. (LISS, BRENDA) (Entered: 02/15/2013)

Feb. 15, 2013

Feb. 15, 2013

PACER
151

Letter from William Gibson re 150 Letter, 149 Order. (GIBSON, WILLIAM) (Entered: 02/15/2013)

Feb. 15, 2013

Feb. 15, 2013

PACER
152

ORDER that the time in which this action may, upon good cause shown, be reopened if the settlement is not consummated shall be and hereby is extended for two weeks, to 3/5/2013. Signed by Judge Anne E. Thompson on 2/19/2013. (gxh) (Entered: 02/19/2013)

Feb. 19, 2013

Feb. 19, 2013

PACER
153

Letter from William Gibson. (Attachments: # 1 Exhibit Settlement Agreement, # 2 Exhibit Stipulation of Dismissal with Prejudice)(GIBSON, WILLIAM) (Entered: 03/05/2013)

March 5, 2013

March 5, 2013

PACER
154

STIPULATION AND ORDER of dismissal with prejudice. Signed by Judge Anne E. Thompson on 3/5/2013. (gxh) (Entered: 03/06/2013)

March 6, 2013

March 6, 2013

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)