Case: Hutchinson v. Patrick

3:07-cv-30084 | U.S. District Court for the District of Massachusetts

Filed Date: May 17, 2007

Clearinghouse coding complete

Case Summary

On May 17, 2007, Medicaid-eligible individuals with acquired brain injuries qualifying for long-term care services in nursing or rehabilitation facilities and the Brain Injury Association of Massachusetts filed this class-action lawsuit in the U.S. District Court for the District of Massachusetts, on behalf of themselves and others similarly situated. The plaintiffs sued Massachusetts under Title II of the Americans with Disabilities Act (ADA) (42 U.S.C. § 12132 et seq.), Section 504 of the Reh…

On May 17, 2007, Medicaid-eligible individuals with acquired brain injuries qualifying for long-term care services in nursing or rehabilitation facilities and the Brain Injury Association of Massachusetts filed this class-action lawsuit in the U.S. District Court for the District of Massachusetts, on behalf of themselves and others similarly situated. The plaintiffs sued Massachusetts under Title II of the Americans with Disabilities Act (ADA) (42 U.S.C. § 12132 et seq.), Section 504 of the Rehabilitation Act (29 U.S.C. § 794(a)), and the Social Security Act (42 U.S.C. § 1396a(a)(8), (a)(10)(A)). Represented by the Center for Public Representation and private counsel, the plaintiffs sought to enjoin Massachusetts to comply with the ADA, Rehabilitation Act, and Social Security Act by offering services and programs for individuals with acquired brain injuries in integrated community settings.

Specifically, the plaintiffs alleged that Massachusetts had illegally discriminated against them on the basis of disability. They cited the Supreme Court's decision in Olmstead v. L.C., 527 U.S. 581 (1999), which held that the ADA forbids the unnecessary institutionalization of individuals with disabilities, and mandates that their rehabilitative and medical needs be provided in a manner that enables individuals with disabilities to be independent and integrated members of the community. The plaintiffs alleged that at least a quarter of the more than 8,000 individuals with traumatic brain injuries living in nursing homes or rehabilitation facilities in Massachusetts would be able to and would prefer to reside in an integrated community setting, provided they received appropriate aids and support. The plaintiffs alleged that in the absence of these services, they were unlawfully denied their personal liberty, freedom of association, and meaningful access to community life.

On September 26, 2007, the court certified the class.

On May 30, 2008, the parties entered a court-approved settlement agreement. Under the settlement, Massachusetts agreed that within six months of the effective date of the settlement it would issue a proposal to the Centers for Medicare and Medicaid Services to establish a Medicaid Home and Community-Based Services (HCBS) (§1915(c) of the Social Security Act) waiver program that would enable individuals with traumatic brain injuries the option of a community-placed living situation. Initially this program would offer 300 such waivers. Individuals receiving the waivers would participate in developing their own Individualized Service Plan with an interdisciplinary team and would receive services appropriate to their level of need. Waiver recipients would have the option of living with family, where applicable, or of living in the most integrated setting appropriate to their needs, e.g., their own apartment or home, or in a group home.

Massachusetts reserved the right to deny waivers to any person whose annual costs of care to Medicaid from residential habilitation and other waiver services, plus Title XIX state plan services, would exceed $164,131, and also to deny waivers to any person whose annual Medicaid waiver costs, exclusive of Title XIX and residential costs, would likely exceed $87,919. The settlement limited the total cost of the waiver program, inclusive of all Medicaid and state-funded expenditures for the participants, to $15,000,000. In order to stay within this cap, the state reserved the right to take corrective actions, such as reducing the number of waivers available. Massachusetts also agreed to implement an education and outreach program in order to educate individuals with acquired traumatic brain injuries about the program.

On June 2, 2009, the plaintiffs filed a motion seeking reasonable attorneys' fees and costs under the fee shifting provisions of the ADA, which allow a "prevailing party" plaintiff to recover expenses from a defendant. 42 U.S.C. § 12205. Massachusetts objected, arguing that the court-approved class action settlement, which expressly was not a court-ordered consent decree, was insufficient to establish the plaintiffs as the prevailing party. The court granted the plaintiffs' motion, ordering the State to pay $750,000 in attorneys' fees. 683 F. Supp. 2d 121. Massachusetts appealed. On February 17, 2011, the First Circuit Court of Appeals (Selya, J.) affirmed the lower court’s decision. 636 F.3d 1.

On June 19, 2013, the parties agreed to a new settlement agreement that would replace the original agreement, which the state was unable to fully implement because it could not secure federal grant funding for community-based services, leaving thousands of individuals with brain injuries languishing in facilities across the state. Under the Amended Agreement, the state would use another federal grant project, the Money Follows the Person (MFP) Demonstration, as well as other waiver programs, to provide residential and non-residential supports for up to 1,174 Medicaid-eligible people with brain injuries who were in long-term rehabilitation facilities and nursing homes.

On July 11, 2013, the district court (Judge Michael A. Ponsor) issued final approval of the amended settlement agreement. The court retained jurisdiction over the case. The agreement was to last for six years.

On June 27, 2014, Judge Ponsor revised a Protective Order originally granted on August 27, 2007, adjusting and broadening the scope of protected health information (PHI) for class members and their guardians.

No substantive docket entries were made during the remainder of the six-year term, which ended on July 1, 2019, so the case is presumably now closed.

Summary Authors

Alex Colbert-Taylor (6/6/2013)

Jessica Kincaid (3/17/2016)

Lauren Latterell Powell (1/1/2018)

Elizabeth Helpling (11/23/2019)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4273325/parties/hutchinson-v-patrick/


Judge(s)

Howard, Jeffrey R. (New Hampshire)

Lynch, Sandra Lea (Massachusetts)

Ponsor, Michael Adrian (Massachusetts)

Selya, Bruce Marshall (Rhode Island)

Attorneys(s) for Plaintiff

Dube, Michael R (Massachusetts)

Halston, Daniel W. (Massachusetts)

Hooker, Miranda (Massachusetts)

Johnston, Richard A. (Massachusetts)

McLaughlin, Anne M (Massachusetts)

Prendergast, James (Illinois)

Judge(s)

Howard, Jeffrey R. (New Hampshire)

Lynch, Sandra Lea (Massachusetts)

Ponsor, Michael Adrian (Massachusetts)

Selya, Bruce Marshall (Rhode Island)

Attorneys(s) for Plaintiff

Dube, Michael R (Massachusetts)

Halston, Daniel W. (Massachusetts)

Hooker, Miranda (Massachusetts)

Johnston, Richard A. (Massachusetts)

McLaughlin, Anne M (Massachusetts)

Prendergast, James (Illinois)

Rucker, Kathryn L (Massachusetts)

Schwartz, Steven J. (Massachusetts)

Attorneys(s) for Defendant

Cartee, Jennifer (Massachusetts)

Miller, Jennifer Grace (Massachusetts)

Stephan, John Michael (Massachusetts)

Willoughby, Jane L (Massachusetts)

Documents in the Clearinghouse

Document

3:07-cv-30084

Docket [PACER]

Aug. 28, 2017

Aug. 28, 2017

Docket
1

3:07-cv-30084

Class Action Complaint

May 17, 2007

May 17, 2007

Complaint
7

3:07-cv-30084

Amended Complaint

June 18, 2007

June 18, 2007

Complaint
35

3:07-cv-30084

Memorandum and Order Regarding Plaintiffs' Motion for Class Certification

Sept. 26, 2007

Sept. 26, 2007

Order/Opinion
39

3:07-cv-30084

Order Regarding Class Certification

Oct. 4, 2007

Oct. 4, 2007

Order/Opinion
42-2

3:07-cv-30084

Settlement Agreement

May 30, 2008

May 30, 2008

Settlement Agreement
53

3:07-cv-30084

Order Approving Final Comprehensive Settlement Agreement

Sept. 18, 2008

Sept. 18, 2008

Order/Opinion
73

3:07-cv-30084

Memorandum and Order Regarding Motion for Attorney Fees and Costs

683 F.Supp.2d 121

Feb. 8, 2010

Feb. 8, 2010

Order/Opinion
79

3:07-cv-30084

Appeal from the US District Court for the District for the District of Massachusetts

U. S. Court of Appeals for the First Circuit

636 F.3d 1

Sept. 26, 2011

Sept. 26, 2011

Order/Opinion
84-1

3:07-cv-30084

Amended Settlement Agreement

June 19, 2013

June 19, 2013

Settlement Agreement

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4273325/hutchinson-v-patrick/

Last updated Aug. 2, 2022, 3:13 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Deval L. Patrick, Judy Ann Bigby, Leslie Kirwan, Thomas Dehner, Elmer C. Bartels by Nathaniel Wilson, Catherine Hutchinson, Raymond Puchalski, Glen Jones filed. Magistrate Judge Consent Form to counsel. (Attachments: # 1 Part 2# 2 Cover and category sheets)(Finn, Mary) (Entered: 05/17/2007)

1

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2 Part 2

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3 Cover and category sheets

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May 17, 2007

May 17, 2007

RECAP
2

Not all parties consented to assignment of case to Magistrate Judge Neiman. Case to be reassigned to Judge Michael A. Ponsor. (Document not scanned and placed in the vault) (Finn, Mary) (Entered: 06/04/2007)

June 4, 2007

June 4, 2007

PACER
3

NOTICE of Appearance by Jane L. Willoughby on behalf of Deval L. Patrick (Willoughby, Jane) (Entered: 06/08/2007)

June 8, 2007

June 8, 2007

PACER
4

First MOTION to Transfer Case by Deval L. Patrick.(Willoughby, Jane) (Entered: 06/08/2007)

June 8, 2007

June 8, 2007

PACER
5

First MEMORANDUM in Support re 4 First MOTION to Transfer Case filed by Deval L. Patrick. (Attachments: # 1 Exhibit 2006 Annual Report# 2 Exhibit Opinion)(Willoughby, Jane) (Entered: 06/08/2007)

2 Exhibit 2006 Annual Report

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3 Exhibit Opinion

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June 8, 2007

June 8, 2007

PACER
6

NOTICE of Appearance by Jennifer Cartee on behalf of Deval L. Patrick (Cartee, Jennifer) (Entered: 06/15/2007)

June 15, 2007

June 15, 2007

PACER
7

AMENDED COMPLAINT against all defendants, filed by Nathaniel Wilson, Catherine Hutchinson, The Brain Injury Association of Massachusetts, Raymond Puchalski, Glen Jones. (Attachments: # 1 Amended Complaint, part 2)(Schwartz, Steven) (Entered: 06/18/2007)

1

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2 Amended Complaint, part 2

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June 18, 2007

June 18, 2007

RECAP
8

WAIVER OF SERVICE Returned Executed Nathaniel Wilson waiver sent on 5/17/2007, answer due 7/16/2007; Catherine Hutchinson waiver sent on 5/17/2007, answer due 7/16/2007; The Brain Injury Association of Massachusetts waiver sent on 5/17/2007, answer due 7/16/2007; Raymond Puchalski waiver sent on 5/17/2007, answer due 7/16/2007; Jason Cate waiver sent on 5/17/2007, answer due 7/16/2007; Glen Jones waiver sent on 5/17/2007, answer due 7/16/2007. (Schwartz, Steven) (Entered: 06/20/2007)

June 20, 2007

June 20, 2007

PACER
9

MEMORANDUM in Opposition re 4 First MOTION to Transfer Case filed by Nathaniel Wilson, Catherine Hutchinson, The Brain Injury Association of Massachusetts, Raymond Puchalski, Jason Cate, Glen Jones. (Dube, Michael) (Entered: 06/22/2007)

June 22, 2007

June 22, 2007

PACER
10

AFFIDAVIT of Nickie Chandler in Opposition re 4 First MOTION to Transfer Case filed by Nathaniel Wilson, Catherine Hutchinson, The Brain Injury Association of Massachusetts, Raymond Puchalski, Jason Cate, Glen Jones. (Dube, Michael) (Entered: 06/22/2007)

June 22, 2007

June 22, 2007

PACER
11

Motion for Scheduling Order filed by Plaintiffs. (Attachments: # 1 Exhibit Proposed Scheduling Order)(Dube, Michael) Modified on 7/2/2007 (Healy, Bethaney). (Entered: 06/29/2007)

2 Exhibit Proposed Scheduling Order

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June 29, 2007

June 29, 2007

PACER
12

BRIEF by The Stavros Center for Independent Living, Nathaniel Wilson, Catherine Hutchinson, The Brain Injury Association of Massachusetts, Raymond Puchalski, Jason Cate, Glen Jones to 11 Recommendations for Scheduling Order Mem. in Support of Motion for Scheduling Order. (Attachments: # 1 Exhibit Exhibit 1# 2 Exhibit Exhibit 2# 3 Exhibit Exhibit 3# 4 Exhibit Exhibit 4# 5 Exhibit Exhibit 5)(Dube, Michael) (Entered: 06/29/2007)

2 Exhibit Exhibit 1

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3 Exhibit Exhibit 2

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4 Exhibit Exhibit 3

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5 Exhibit Exhibit 4

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6 Exhibit Exhibit 5

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June 29, 2007

June 29, 2007

PACER
13

Letter/request (non-motion) from Jane L. Willoughby. (Lindsay, Maurice) (Entered: 07/03/2007)

July 3, 2007

July 3, 2007

RECAP
14

MOTION for Protective Order by The Stavros Center for Independent Living, Nathaniel Wilson, Catherine Hutchinson, The Brain Injury Association of Massachusetts, Raymond Puchalski, Jason Cate, Glen Jones. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3)(Schwartz, Steven) (Entered: 07/11/2007)

2 Exhibit 1

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3 Exhibit 2

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4 Exhibit 3

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July 11, 2007

July 11, 2007

PACER
15

MEMORANDUM in Support re 14 MOTION for Protective Order filed by The Stavros Center for Independent Living, Nathaniel Wilson, Catherine Hutchinson, The Brain Injury Association of Massachusetts, Raymond Puchalski, Jason Cate, Glen Jones. (Schwartz, Steven) (Entered: 07/11/2007)

July 11, 2007

July 11, 2007

PACER
16

MOTION to Certify Class by The Stavros Center for Independent Living, Nathaniel Wilson, Catherine Hutchinson, The Brain Injury Association of Massachusetts, Raymond Puchalski, Jason Cate, Glen Jones.(Schwartz, Steven) (Entered: 07/13/2007)

July 13, 2007

July 13, 2007

PACER
17

MEMORANDUM in Support re 16 MOTION to Certify Class filed by The Stavros Center for Independent Living, Catherine Hutchinson, The Brain Injury Association of Massachusetts, Raymond Puchalski, Jason Cate, Glen Jones. (Attachments: # 1 Exhibit 1 ADA Class Certification Cases# 2 Exhibit 2 Institutional Placement Cases)(Schwartz, Steven) (Entered: 07/13/2007)

2 Exhibit 1 ADA Class Certification Cases

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3 Exhibit 2 Institutional Placement Cases

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July 13, 2007

July 13, 2007

PACER
18

MEMORANDUM in Opposition re 11 MOTION for Order filed by Deval L. Patrick, Judy Ann Bigby, Leslie Kirwan, Thomas Dehner, Elmer C. Bartels. (Attachments: # 1 Text of Proposed Order Defendants' Proposed Scheduling Order)(Willoughby, Jane) (Entered: 07/13/2007)

2 Text of Proposed Order Defendants' Proposed Scheduling Order

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July 13, 2007

July 13, 2007

PACER
19

ANSWER to Amended Complaint by Deval L. Patrick, Judy Ann Bigby, Leslie Kirwan, Thomas Dehner, Elmer C. Bartels.(Willoughby, Jane) (Entered: 07/16/2007)

July 16, 2007

July 16, 2007

RECAP
20

Magistrate Judge Kenneth P. Neiman. SCHEDULING ORDER setting Case Management Conference set for 11/6/2009 at 2:00 PM in Courtroom 3 before Magistrate Judge Kenneth P. Neiman ENTERED, cc:cl. SEE ORDER FOR ADDITIONAL DEADLINES. (Healy, Bethaney) (Entered: 07/19/2007)

July 17, 2007

July 17, 2007

PACER
21

Opposition re 14 MOTION for Protective Order filed by Deval L. Patrick, Judy Ann Bigby, Leslie Kirwan, Thomas Dehner, Elmer C. Bartels. (Attachments: # 1 Exhibit Affirmation of Deirdre Roney 7.19.2002# 2 Exhibit DRAFT Protective Order)(Cartee, Jennifer) (Entered: 07/25/2007)

2 Exhibit Affirmation of Deirdre Roney 7.19.2002

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3 Exhibit DRAFT Protective Order

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July 25, 2007

July 25, 2007

PACER
22

Assented to MOTION for Leave to File Reply by The Stavros Center for Independent Living, Nathaniel Wilson, Catherine Hutchinson, The Brain Injury Association of Massachusetts, Raymond Puchalski, Jason Cate, Glen Jones.(Schwartz, Steven) (Entered: 07/27/2007)

July 27, 2007

July 27, 2007

PACER
23

REPLY to Response to Motion re 22 Assented to MOTION for Leave to File Reply, 14 MOTION for Protective Order filed by The Stavros Center for Independent Living, Nathaniel Wilson, Catherine Hutchinson, The Brain Injury Association of Massachusetts, Raymond Puchalski, Jason Cate, Glen Jones. (Schwartz, Steven) (Entered: 08/01/2007)

Aug. 1, 2007

Aug. 1, 2007

PACER
24

MOTION to Stay Discovery Pending the Court's Ruling on Plaintiffs' Motion for Class Certification by Deval L. Patrick, Judy Ann Bigby, Leslie Kirwan, Thomas Dehner, Elmer C. Bartels. (Attachments: # 1 Exhibit A# 2 Exhibit B)(Willoughby, Jane) (Entered: 08/13/2007)

2 Exhibit A

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3 Exhibit B

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Aug. 13, 2007

Aug. 13, 2007

PACER
25

Magistrate Judge Kenneth P. Neiman. MEMORANDUM AND ORDER with regard to Defendant's 24 Motion for Protective Order Staying Discovery and 14 Motion for Protective Order, ENTERED, cc:cl. See Order for details. (Healy, Bethaney) (Entered: 08/17/2007)

Aug. 17, 2007

Aug. 17, 2007

PACER
26

Magistrate Judge Kenneth P. Neiman. PROTECTIVE ORDER ENTERED, cc:cl. (Attachments: # 1 Exhibit A)(Healy, Bethaney) (Entered: 08/17/2007)

2 Exhibit A

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Aug. 17, 2007

Aug. 17, 2007

PACER
27

CERTIFICATE OF CONSULTATION re 20 Scheduling Order, Set Scheduling Order Deadlines Local Rule 16.1(D). (Schwartz, Steven) (Entered: 08/20/2007)

Aug. 20, 2007

Aug. 20, 2007

PACER
28

CERTIFICATE OF CONSULTATION re 20 Scheduling Order, Set Scheduling Order Deadlines Local Rule 16.1(D). (Schwartz, Steven) (Entered: 08/20/2007)

Aug. 20, 2007

Aug. 20, 2007

PACER
29

CERTIFICATE OF CONSULTATION Pursuant to July 17, 2007, Scheduling Order. (Willoughby, Jane) (Entered: 08/20/2007)

Aug. 20, 2007

Aug. 20, 2007

PACER
30

Joint MOTION Endorsement of Stipulation by Deval L. Patrick, Judy Ann Bigby, Leslie Kirwan, Thomas Dehner, Elmer C. Bartels. (Attachments: # 1 Exhibit Stipulation)(Willoughby, Jane) (Entered: 08/20/2007)

2 Exhibit Stipulation

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Aug. 20, 2007

Aug. 20, 2007

PACER
31

MOTION for Clarification of August 17, 2007, Protective Order (Unopposed Motion) by Deval L. Patrick, Judy Ann Bigby, Leslie Kirwan, Thomas Dehner, Elmer C. Bartels.(Willoughby, Jane) (Entered: 08/24/2007)

Aug. 24, 2007

Aug. 24, 2007

PACER
32

Opposition re 16 MOTION to Certify Class filed by Deval L. Patrick, Judy Ann Bigby, Leslie Kirwan, Thomas Dehner, Elmer C. Bartels. (Attachments: # 1 Affidavit Stephanie Anthony# 2 Affidavit Debra S. Kamen# 3 Affidavit Francesca A. LaVecchia# 4 Affidavit Eleanor Shea-Delaney)(Cartee, Jennifer) (Entered: 08/24/2007)

2 Affidavit Stephanie Anthony

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3 Affidavit Debra S. Kamen

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4 Affidavit Francesca A. LaVecchia

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5 Affidavit Eleanor Shea-Delaney

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Aug. 24, 2007

Aug. 24, 2007

PACER
33

Magistrate Judge Kenneth P. Neiman. REVISED PROTECTIVE ORDER, ENTERED, cc:cl. (Healy, Bethaney) Additional attachment(s) added on 8/27/2007 (Healy, Bethaney). (Entered: 08/27/2007)

Aug. 27, 2007

Aug. 27, 2007

PACER
34

REPLY to Response to Motion re 16 MOTION to Certify Class filed by The Stavros Center for Independent Living, Nathaniel Wilson, Catherine Hutchinson, The Brain Injury Association of Massachusetts, Raymond Puchalski, Jason Cate, Glen Jones. (Attachments: # 1 Exhibit Affidavit)(Schwartz, Steven) (Entered: 09/07/2007)

2 Exhibit Affidavit

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Sept. 7, 2007

Sept. 7, 2007

PACER
35

Judge Michael A Ponsor : ORDER entered. MEMORANDUM AND ORDER granting Ptf's 16 Motion for Class Certification, and Counsel are ordered to report to this court by 10/1/07 regarding their negotiations. See the attached memo & order for complete details. cc/cl(Lindsay, Maurice) (Entered: 09/26/2007)

Sept. 26, 2007

Sept. 26, 2007

PACER
36

STATUS REPORT on Class Definition by The Stavros Center for Independent Living, Nathaniel Wilson, Catherine Hutchinson, The Brain Injury Association of Massachusetts, Raymond Puchalski, Jason Cate, Glen Jones. (Schwartz, Steven) (Entered: 10/01/2007)

Oct. 1, 2007

Oct. 1, 2007

PACER
37

STATUS REPORT by Deval L. Patrick, Judy Ann Bigby, Leslie Kirwan, Thomas Dehner, Elmer C. Bartels. (Miller, Jennifer) (Entered: 10/01/2007)

Oct. 1, 2007

Oct. 1, 2007

PACER
38

NOTICE of Appearance by Jennifer G. Miller on behalf of Deval L. Patrick, Judy Ann Bigby, Leslie Kirwan, Thomas Dehner, Elmer C. Bartels (Miller, Jennifer) (Entered: 10/01/2007)

Oct. 1, 2007

Oct. 1, 2007

PACER
39

Judge Michael A Ponsor : ORDER REGARDING CLASS DEFINITION entered. See the attached order for complete details. cc/cl (Lindsay, Maurice) (Entered: 10/04/2007)

Oct. 4, 2007

Oct. 4, 2007

RECAP
40

TRANSCRIPT of Motion Hearing held on September 24, 2007 before Judge Ponsor. Court Reporter: Alice Moran. The original transcripts are maintained by the Clerk's Office. Copies may be obtained by contacting the court reporter at 413/731-0086 or the Clerk's Office. (Scalfani, Deborah) (Entered: 10/11/2007)

Oct. 11, 2007

Oct. 11, 2007

PACER
41

TRANSCRIPT of Motion Hearing held on August 15, 2007 before Judge Neiman. Digital Recording: Transcribed by Dianne Quinn. The original transcripts are maintained by the Clerk's Office. Copies may be obtained by contacting the Dianne Quinn at 413/562-7471 or the Clerk's Office. (Scalfani, Deborah) (Entered: 12/17/2007)

Dec. 17, 2007

Dec. 17, 2007

PACER
42

Joint MOTION for Settlement Agreement by The Stavros Center for Independent Living, Nathaniel Wilson, Catherine Hutchinson, The Brain Injury Association of Massachusetts, Raymond Puchalski, Jason Cate, Glen Jones. (Attachments: # 1 Exhibit Settlement Agreement, # 2 Ex. 1 Attachment A, # 3 Ex.2 Attachment B, # 4 Exhibit Class Notice)(Schwartz, Steven) (Additional attachment(s) added on 6/16/2008: # 5 Correct Exhibit Class Notice) (Finn, Mary). (Entered: 06/02/2008)

2 Exhibit Settlement Agreement

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3 Ex. 1 Attachment A

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4 Ex.2 Attachment B

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6 Correct Exhibit Class Notice

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June 2, 2008

June 2, 2008

PACER
43

Joint MOTION to Modify Protective Order by Deval L. Patrick,et al., and Catherine Hutchinson, et al.,(Lindsay, Maurice) (Entered: 06/13/2008)

June 13, 2008

June 13, 2008

PACER
44

Judge Michael A Ponsor: ORDER entered. PROTECTIVE ORDER.(Lindsay, Maurice) (Entered: 06/13/2008)

June 13, 2008

June 13, 2008

PACER
45

Transcript of Hearing held on June 13, 2008, before Judge Ponsor. Court Reporter: Sarah L. Mubarek at sarahmubarek@comcast.net. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Redaction Request due 7/14/2008. Redacted Transcript Deadline set for 7/24/2008. Release of Transcript Restriction set for 9/22/2008. (Scalfani, Deborah) (Entered: 06/26/2008)

June 26, 2008

June 26, 2008

PACER
46

NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, a copy of which is attached to this entry.. (Scalfani, Deborah) (Entered: 06/26/2008)

June 26, 2008

June 26, 2008

PACER
47

MEMORANDUM in Support re 42 Joint MOTION for Settlement Agreement filed by The Stavros Center for Independent Living, Nathaniel Wilson, Catherine Hutchinson, The Brain Injury Association of Massachusetts, Raymond Puchalski, Jason Cate, Glen Jones. (Attachments: # 1 Exhibit K. Rucker Affidavit, # 2 Exhibit A.Korab Affidavit, # 3 Exhibit M.Glenn Affidavit, # 4 Exhibit S.Schwartz Affidavit)(Schwartz, Steven) (Entered: 07/16/2008)

2 Exhibit K. Rucker Affidavit

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3 Exhibit A.Korab Affidavit

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4 Exhibit M.Glenn Affidavit

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5 Exhibit S.Schwartz Affidavit

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July 16, 2008

July 16, 2008

PACER
48

MEMORANDUM in Support re 42 Joint MOTION for Settlement Agreement filed by Deval L. Patrick. (Miller, Jennifer) (Entered: 07/18/2008)

July 18, 2008

July 18, 2008

PACER
49

MOTION for Settlement by Deval L. Patrick. (Attachments: # 1 Text of Proposed Order Proposed Order Approving Settlement Agreement)(Miller, Jennifer) (Entered: 07/29/2008)

2 Text of Proposed Order Proposed Order Approving Settlement Agreement

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July 29, 2008

July 29, 2008

PACER
50

MOTION for Order to Enter Order Approving Final Comprehensive Settlement Agreement by The Stavros Center for Independent Living, Nathaniel Wilson, Catherine Hutchinson, The Brain Injury Association of Massachusetts, Raymond Puchalski, Jason Cate, Glen Jones. (Attachments: # 1 Text of Proposed Order)(Schwartz, Steven) (Entered: 07/29/2008)

2 Text of Proposed Order

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July 29, 2008

July 29, 2008

PACER
51

MEMORANDUM in Support re 50 MOTION for Order to Enter Order Approving Final Comprehensive Settlement Agreement filed by The Stavros Center for Independent Living, Nathaniel Wilson, Catherine Hutchinson, The Brain Injury Association of Massachusetts, Raymond Puchalski, Jason Cate, Glen Jones. (Schwartz, Steven) (Entered: 09/11/2008)

Sept. 11, 2008

Sept. 11, 2008

PACER
52

MEMORANDUM in Support re 49 MOTION for Settlement filed by Deval L. Patrick. (Miller, Jennifer) (Entered: 09/15/2008)

Sept. 15, 2008

Sept. 15, 2008

PACER
53

Judge Michael A Ponsor: ORDER entered. ORDER APPROVING FINAL COMPREHENSIVE SETTLEMENT AGREEMENT. See the attached order for complete details. cc/cl(Lindsay, Maurice) (Entered: 09/19/2008)

Sept. 18, 2008

Sept. 18, 2008

PACER
54

Transcript of Conference Hearing held on September 16, 2008, before Judge Ponsor. Court Reporter: Alice Moran at 413/731-0086. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Redaction Request due 10/13/2008. Redacted Transcript Deadline set for 10/22/2008. Release of Transcript Restriction set for 12/22/2008. (Scalfani, Deborah) (Entered: 09/24/2008)

Sept. 24, 2008

Sept. 24, 2008

PACER
55

NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, a copy of which is attached to this entry.. (Scalfani, Deborah) (Entered: 09/24/2008)

Sept. 24, 2008

Sept. 24, 2008

PACER
57

Transcript of Settlement Approval Hearing held on July 25, 2008, before Judge Ponsor. Court Reporter: Alice Moran at 413/731-0086. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Redaction Request due 6/8/2009. Redacted Transcript Deadline set for 6/17/2009. Release of Transcript Restriction set for 8/17/2009. (Scalfani, Deborah) (Entered: 05/20/2009)

May 20, 2009

May 20, 2009

PACER
58

NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, a copy of which is attached to this entry.. (Scalfani, Deborah) (Entered: 05/20/2009)

May 20, 2009

May 20, 2009

PACER
59

MOTION for Attorney Fees and Costs by The Stavros Center for Independent Living, Nathaniel Wilson, Catherine Hutchinson, The Brain Injury Association of Massachusetts, Raymond Puchalski, Jason Cate, Glen Jones. (Attachments: # 1 Exhibit Summary of Fees and Costs, # 2 Exhibit Summary of Fees, # 3 Exhibit Summary of Costs, # 4 Exhibit Affidavit of S. Schwartz, # 5 Exhibit Affidavit of K. Rucker, # 6 Exhibit Affidavit of R. Johnston, # 7 Exhibit Affidavit of R. Johnston (2), # 8 Exhibit Affidavit of Dr. O'Shanick, # 9 Exhibit Affidavit of Dr. M. Glenn, # 10 Exhibit Affidavit of S. Hanlon, # 11 Exhibit Affidavit of D. Manning, # 12 Exhibit Affidavit of S. Rossman)(Schwartz, Steven) (Entered: 06/02/2009)

2 Exhibit Summary of Fees and Costs

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3 Exhibit Summary of Fees

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4 Exhibit Summary of Costs

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5 Exhibit Affidavit of S. Schwartz

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6 Exhibit Affidavit of K. Rucker

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7 Exhibit Affidavit of R. Johnston

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8 Exhibit Affidavit of R. Johnston (2)

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9 Exhibit Affidavit of Dr. O'Shanick

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10 Exhibit Affidavit of Dr. M. Glenn

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11 Exhibit Affidavit of S. Hanlon

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12 Exhibit Affidavit of D. Manning

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13 Exhibit Affidavit of S. Rossman

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June 2, 2009

June 2, 2009

PACER
60

NOTICE OF MANUAL FILING by The Stavros Center for Independent Living, Nathaniel Wilson, Catherine Hutchinson, The Brain Injury Association of Massachusetts, Raymond Puchalski, Jason Cate, Glen Jones Exhibits 12 through 16 re 59 MOTION for Attorney Fees and Costs Exhibits 12 through 16 (Schwartz, Steven) (Entered: 06/02/2009)

June 2, 2009

June 2, 2009

PACER
61

Assented to MOTION for Leave to File Excess Pages in Memorandum in Support of Motion for Attorneys' Fees and Costs by Nathaniel Wilson, Catherine Hutchinson, The Brain Injury Association of Massachusetts, Raymond Puchalski, Jason Cate, Glen Jones.(Schwartz, Steven) (Entered: 06/02/2009)

June 2, 2009

June 2, 2009

PACER
62

MEMORANDUM in Support re 59 MOTION for Attorney Fees and Costs, 61 Assented to MOTION for Leave to File Excess Pages in Memorandum in Support of Motion for Attorneys' Fees and Costs filed by The Stavros Center for Independent Living, Nathaniel Wilson, Catherine Hutchinson, The Brain Injury Association of Massachusetts, Raymond Puchalski, Jason Cate, Glen Jones. (Schwartz, Steven) (Additional attachment(s) added on 6/2/2009: # 1 Correct Main document - part 1, # 2 part 2) (Finn, Mary). (Entered: 06/02/2009)

June 2, 2009

June 2, 2009

PACER
63

Assented to MOTION for Extension of Time to July 16, 2009 to File Response/Reply to Plaintiffs' Motion for an Award of Fees and Costs by Deval L. Patrick.(Miller, Jennifer) (Entered: 06/05/2009)

June 5, 2009

June 5, 2009

PACER
64

MOTION to Bifurcate Attorneys' Fee Proceedings by Deval L. Patrick.(Miller, Jennifer) (Entered: 06/29/2009)

June 29, 2009

June 29, 2009

PACER
65

MEMORANDUM in Opposition re 64 MOTION to Bifurcate Attorneys' Fee Proceedings filed by The Stavros Center for Independent Living, Nathaniel Wilson, Catherine Hutchinson, The Brain Injury Association of Massachusetts, Raymond Puchalski, Jason Cate, Glen Jones. (Dube, Michael) (Entered: 07/06/2009)

July 6, 2009

July 6, 2009

PACER
66

AFFIDAVIT in Opposition re 64 Defts' motion to bifurcate attorneys' fee proceedings filed. (Dube, Michael) Modified on 7/6/2009 (Finn, Mary). (Entered: 07/06/2009)

July 6, 2009

July 6, 2009

PACER
67

MEMORANDUM in Opposition re 59 MOTION for Attorney Fees and Costs filed by Deval L. Patrick. (Attachments: # 1 Exhibit, # 2 Affidavit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit)(Miller, Jennifer) (Additional attachment(s) added on 7/27/2009: # 8 Correct Main Document - part 1, # 9 Part 2, # 10 Exhibit 1, # 11 Affidavit Jennifer Grace Miller, # 12 Exhibit, # 13 Exhibit B - part 1, # 14 Exhibit B part 2, # 15 Exhibit C, # 16 Exhibit D - part 1, # 17 Exhibit D - part 2, # 18 Exhibit E) (Finn, Mary). (Entered: 07/27/2009)

July 27, 2009

July 27, 2009

PACER
68

Assented to MOTION for Leave to File Excess Pages by Deval L. Patrick.(Miller, Jennifer) (Entered: 07/27/2009)

July 27, 2009

July 27, 2009

PACER
69

REPLY to Response to 59 MOTION for Attorney Fees and Costs filed by The Stavros Center for Independent Living, Nathaniel Wilson, Catherine Hutchinson, The Brain Injury Association of Massachusetts, Raymond Puchalski, Jason Cate, Glen Jones. (Schwartz, Steven) (Entered: 08/07/2009)

Aug. 7, 2009

Aug. 7, 2009

PACER
70

Transcript of Motion Hearing held on October 15, 2009, before Judge Ponsor. Court Reporter: Alice Moran at 413/731-0086. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Redaction Request due 11/10/2009. Redacted Transcript Deadline set for 11/20/2009. Release of Transcript Restriction set for 1/19/2010. (Scalfani, Deborah) (Entered: 10/23/2009)

Oct. 23, 2009

Oct. 23, 2009

PACER
71

NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, a copy of which is attached to this entry.. (Scalfani, Deborah) (Entered: 10/23/2009)

Oct. 23, 2009

Oct. 23, 2009

PACER
72

NOTICE by The Stavros Center for Independent Living, Nathaniel Wilson, Catherine Hutchinson, The Brain Injury Association of Massachusetts, Raymond Puchalski, Jason Cate, Glen Jones (Attachments: # 1 Supplement Supplemental Authority)(Schwartz, Steven) (Entered: 12/16/2009)

2 Supplement Supplemental Authority

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Dec. 16, 2009

Dec. 16, 2009

PACER
73

Judge Michael A Ponsor: MEMORANDUM AND ORDER entered granting 59 Motion for Attorney Fees and Costs. See the attached memo and order for complete details. (Lindsay, Maurice) (Entered: 02/08/2010)

Feb. 8, 2010

Feb. 8, 2010

PACER
74

MOTION for Entry of Judgment under Rule 54(b) by Deval L. Patrick. (Attachments: # 1 Text of Proposed Order)(Miller, Jennifer) (Entered: 02/22/2010)

2 Text of Proposed Order

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Feb. 22, 2010

Feb. 22, 2010

PACER
75

Opposition re 74 MOTION for Entry of Judgment under Rule 54(b) filed by The Stavros Center for Independent Living, Nathaniel Wilson, Catherine Hutchinson, The Brain Injury Association of Massachusetts, Raymond Puchalski, Jason Cate, Glen Jones. (Schwartz, Steven) (Entered: 02/26/2010)

Feb. 26, 2010

Feb. 26, 2010

PACER
76

NOTICE OF APPEAL by Deval L. Patrick, Judy Ann Bigby, Leslie Kirwan, Thomas Dehner, Elmer C. Bartels NOTICE TO COUNSEL: A Transcript Report/Order Form, which can be downloaded from the First Circuit Court of Appeals web site at http://www.ca1.uscourts.gov/clerks/transcript.htm MUST be completed and submitted to the Court of Appeals. Counsel shall register for a First Circuit CM/ECF Appellate Filer Account at http://pacer.psc.uscourts.gov/cmecf. Counsel shall also review the First Circuit requirements for electronic filing by visiting the CM/ECF Information section at http://www.ca1.uscourts.gov/efiling.htm. Appeal Record due by 3/22/2010. (Miller, Jennifer) (Entered: 03/02/2010)

March 2, 2010

March 2, 2010

PACER
77

Certified and Transmitted Abbreviated Electronic Record on Appeal to US Court of Appeals re 76 Notice of Appeal, (Ramos, Jeanette) (Entered: 03/02/2010)

March 2, 2010

March 2, 2010

PACER
78

Judge Michael A Ponsor: ORDER TO ADMINISTRATIVELY CLOSE CASE entered. The Court hereby orders that the clerk administratively close this case. The Court will, of course, continue its ongoing oversight as contemplated by the final Comprehensive Settlement Agreement executed by the parties. (Finn, Mary) (Entered: 09/24/2010)

Sept. 24, 2010

Sept. 24, 2010

PACER
79

OPINION of USCA as to 76 Notice of Appeal, filed by Leslie Kirwan, Judy Ann Bigby, Deval L. Patrick, Thomas Dehner, Elmer C. Bartels. (Ramos, Jeanette) (Entered: 09/26/2011)

Sept. 26, 2011

Sept. 26, 2011

RECAP
80

USCA Judgment as to 76 Notice of Appeal, filed by Leslie Kirwan, Judy Ann Bigby, Deval L. Patrick, Thomas Dehner, Elmer C. Bartels. This cause came on to be heard on appeal from the United Stated District Court for the District of Massachusetts and was argued by counsel. Upon consideration whereof, it is now here ordered, adjudged and decreed as follows: The judgment of the district court is affirmed. (Ramos, Jeanette) (Entered: 09/26/2011)

Sept. 26, 2011

Sept. 26, 2011

PACER
81

MANDATE of USCA as to 76 Notice of Appeal, filed by Leslie Kirwan, Judy Ann Bigby, Deval L. Patrick, Thomas Dehner, Elmer C. Bartels. Appeal 76 Terminated (Ramos, Jeanette) (Entered: 09/26/2011)

Sept. 26, 2011

Sept. 26, 2011

PACER
82

ELECTRONIC NOTICE of Hearing.Hearing set for 6/25/2013 11:30 AM in Hampden Courtroom before Judge Michael A. Ponsor. (Pelegano, Theresa) (Entered: 06/19/2013)

June 19, 2013

June 19, 2013

PACER
83

NOTICE of Appearance by John Michael Stephan on behalf of Elmer C. Bartels, Judy Ann Bigby, Thomas Dehner, Leslie Kirwan, Deval L. Patrick (Stephan, John) (Entered: 06/19/2013)

June 19, 2013

June 19, 2013

PACER
84

Joint MOTION for Settlement Approval and MOTION for a Fairness Hearing by Elmer C. Bartels, Judy Ann Bigby, Thomas Dehner, Leslie Kirwan, Deval L. Patrick. (Attachments: # 1 Amended Settlement Agreement, # 2 Proposed Notice to Class)(Stephan, John). Added an additional relief - MOTION for Hearing on 6/20/2013 (Finn, Mary). (Additional attachment(s) added on 7/12/2013: # 3 Supplement signature page submitted in court on 7/11/13 Parrties requested document be added to motion) (Pelegano, Theresa). (Entered: 06/19/2013)

1 Amended Settlement Agreement

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2 Proposed Notice to Class

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3 Supplement signature page

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June 19, 2013

June 19, 2013

PACER
85

Judge Michael A. Ponsor: ENDORSED ORDER entered granting 84 Joint Motion for Preliminary Approval of Amended Settlement Agreement, for approval of a notice to the class, and for scheduling of a fairness hearing. ALLOWED. a hearing on this preliminary motion is unnecessary. The clerk will schedule the fairness hearing as requested. So ordered. (Lindsay, Maurice) (Entered: 06/20/2013)

June 20, 2013

June 20, 2013

PACER
86

ELECTRONIC NOTICE Canceling Hearing. Hearing set for 6/25/2013 11:30 AM in Hampden Courtroom is canceled. (Pelegano, Theresa) (Entered: 06/20/2013)

June 20, 2013

June 20, 2013

PACER
87

ELECTRONIC NOTICE Setting Hearing on Motion Motion Hearing for a Fairness Hearing set for 7/11/2013 11:30 AM in Hampden Courtroom before Judge Michael A. Ponsor. (Pelegano, Theresa) (Entered: 06/20/2013)

June 20, 2013

June 20, 2013

PACER
88

MEMORANDUM in Support re 84 Joint MOTION for Settlement Approval MOTION for Hearing filed by Jason Cate, Catherine Hutchinson, Glen Jones, Raymond Puchalski, The Brain Injury Association of Massachusetts, The Stavros Center for Independent Living, Nathaniel Wilson. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Text of Proposed Order)(Schwartz, Steven) (Entered: 07/09/2013)

1 Exhibit

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2 Exhibit

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3 Text of Proposed Order

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July 9, 2013

July 9, 2013

PACER
89

MEMORANDUM in Support re 84 Joint MOTION for Settlement Approval MOTION for Hearing filed by Elmer C. Bartels, Judy Ann Bigby, Thomas Dehner, Leslie Kirwan, Deval L. Patrick. (Stephan, John) (Entered: 07/09/2013)

July 9, 2013

July 9, 2013

PACER
90

ELECTRONIC Clerk's Notes for proceedings held before Judge Michael A. Ponsor: Hearing re Fairness hearing held on 7/11/2013. Court signs proposed order. Order to issue. (Court Reporter: Alice Moran at 413-731-0086.) (Pelegano, Theresa) (Entered: 07/11/2013)

July 11, 2013

July 11, 2013

PACER
91

Judge Michael A. Ponsor: ORDER entered Approving Settlement Agreement. (Pelegano, Theresa) (Entered: 07/12/2013)

July 11, 2013

July 11, 2013

PACER
92

Assented to MOTION for Extension of Time to 10/1/2013 to File Motion for Attorneys' Fees and Costs by Jason Cate, Catherine Hutchinson, Glen Jones, Raymond Puchalski, The Brain Injury Association of Massachusetts, The Stavros Center for Independent Living, Nathaniel Wilson.(Schwartz, Steven) (Entered: 07/12/2013)

July 12, 2013

July 12, 2013

PACER
93

Judge Michael A. Ponsor: ELECTRONIC ORDER entered granting Pltfs' 92 Motion for Extension of Time to 10/1/2013 to file Motion for Attorney's Fees. (Finn, Mary) (Entered: 07/12/2013)

July 12, 2013

July 12, 2013

PACER
94

Set/Reset Deadlines: Plfts's Motion for Attorney's Fees due by 10/1/2013. (Finn, Mary) (Entered: 07/12/2013)

July 12, 2013

July 12, 2013

PACER
97

Joint MOTION to Modify Protective Order by Elmer C. Bartels, Judy Ann Bigby, Thomas Dehner, Leslie Kirwan, Deval L. Patrick. (Attachments: # 1 Exhibit Protective Order)(Stephan, John) (Entered: 06/23/2014)

June 23, 2014

June 23, 2014

98

Judge Michael A. Ponsor: ENDORSED ORDER entered granting 97 Joint Motion to Modify Protective Order. ALLOWED. See order. (Lindsay, Maurice) (Entered: 06/27/2014)

June 27, 2014

June 27, 2014

99

Judge Michael A. Ponsor: ORDER entered. PROTECTIVE ORDER, see the attached order for details. (Lindsay, Maurice) (Entered: 06/27/2014)

June 27, 2014

June 27, 2014

100

NOTICE of Withdrawal of Appearance by Richard A. Johnston (Johnston, Richard) (Entered: 01/30/2015)

Jan. 30, 2015

Jan. 30, 2015

101

NOTICE of Appearance by James W. Prendergast on behalf of Catherine Hutchinson (Prendergast, James) (Entered: 01/30/2015)

Jan. 30, 2015

Jan. 30, 2015

102

NOTICE of Withdrawal of Appearance by John Michael Stephan (Stephan, John) (Entered: 04/03/2015)

April 3, 2015

April 3, 2015

103

NOTICE of Appearance by Daniel W. Halston on behalf of Catherine Hutchinson (Halston, Daniel) (Entered: 08/28/2017)

Aug. 28, 2017

Aug. 28, 2017

Case Details

State / Territory: Massachusetts

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Olmstead Cases

Multi-LexSum (in sample)

Key Dates

Filing Date: May 17, 2007

Case Ongoing: No reason to think so

Plaintiffs

Plaintiff Description:

Class of Medicaid recipients with acquired traumatic brain injuries alleging Massachusetts had unlawfully failed to provide care to people with brain injuries in a community setting as required by the ADA.

Plaintiff Type(s):

Private Plaintiff

Non-profit NON-religious organization

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Governor of Massachusetts, State

Defendant Type(s):

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

Social Security (Title XX), 42 U.S.C. §§ 1397 et seq.

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

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

Attorneys fees

Source of Relief:

Settlement

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $750,000

Order Duration: 2008 - 2019

Content of Injunction:

Reasonable Accommodation

Discrimination Prohibition

Comply with advertising/recruiting requirements

Reporting

Recordkeeping

Goals (e.g., for hiring, admissions)

Issues

General:

Classification / placement

Confinement/isolation

Deinstitutionalization/decarceration

Government Services

Habilitation (training/treatment)

Housing

Individualized planning

Personal injury

Public assistance grants

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

Reasonable Accommodations

Reasonable Modifications

Rehabilitation

Relative caretakers

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

disability, unspecified

Mental impairment

Mental Disability:

Brain injury

Medical/Mental Health:

Intellectual/Developmental Disability

Medical care, general

Type of Facility:

Government-run

Benefit Source:

Medicaid