Case: Hutchinson v. Patrick

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

Filed Date: May 17, 2007

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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 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.

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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 attorneys, see: https://www.courtlistener.com/docket/4273325/parties/hutchinson-v-patrick/

Judge(s)

Attorney for Plaintiff

Anderson, Malcolm Alastair (Massachusetts)

Dube, Michael R (Massachusetts)

Halston, Daniel W. (Massachusetts)

Hooker, Miranda (Massachusetts)

Attorney for Defendant

Cartee, Jennifer (Massachusetts)

Judge(s)

Howard, Jeffrey R. (New Hampshire)

Lynch, Sandra Lea (Massachusetts)

Ponsor, Michael Adrian (Massachusetts)

Selya, Bruce Marshall (Rhode Island)

Attorney for Plaintiff

Anderson, Malcolm Alastair (Massachusetts)

Dube, Michael R (Massachusetts)

Halston, Daniel W. (Massachusetts)

Hooker, Miranda (Massachusetts)

Johnston, Richard A. (Massachusetts)

McLaughlin, Anne M (Massachusetts)

Peterson, Duncan Archie (Massachusetts)

Prendergast, James (Illinois)

Rucker, Kathryn L (Massachusetts)

Schwartz, Steven J. (Massachusetts)

Attorney for Defendant

Cartee, Jennifer (Massachusetts)

Miller, Jennifer Grace (Massachusetts)

Stephan, John Michael (Massachusetts)

Willoughby, Jane L (Massachusetts)

Attorney Contact Information via CourtListener

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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	Feb. 8, 2010	Feb. 8, 2010 Order/Opinion 683 F.Supp.2d 121
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	Sept. 26, 2011	Sept. 26, 2011 Order/Opinion 636 F.3d 1
84-1 3:07-cv-30084	Amended Settlement Agreement	June 19, 2013	June 19, 2013 Settlement Agreement

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Docket

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

Last updated April 20, 2025, 10:48 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 View on RECAP 2 Part 2 View on RECAP 3 Cover and category sheets View on PACER	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 View on PACER 3 Exhibit Opinion View on PACER	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 View on RECAP 2 Amended Complaint, part 2 View on PACER	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 View on PACER	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 View on PACER 3 Exhibit Exhibit 2 View on PACER 4 Exhibit Exhibit 3 View on PACER 5 Exhibit Exhibit 4 View on PACER 6 Exhibit Exhibit 5 View on PACER	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 View on PACER 3 Exhibit 2 View on PACER 4 Exhibit 3 View on PACER	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 View on PACER 3 Exhibit 2 Institutional Placement Cases View on PACER	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 View on PACER	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 View on PACER 3 Exhibit DRAFT Protective Order View on PACER	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 View on PACER 3 Exhibit B View on PACER	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 View on PACER	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 View on PACER	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 View on PACER 3 Affidavit Debra S. Kamen View on PACER 4 Affidavit Francesca A. LaVecchia View on PACER 5 Affidavit Eleanor Shea-Delaney View on PACER	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 View on PACER	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 View on PACER 3 Ex. 1 Attachment A View on PACER 4 Ex.2 Attachment B View on PACER 6 Correct Exhibit Class Notice View on PACER	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 View on PACER 3 Exhibit A.Korab Affidavit View on PACER 4 Exhibit M.Glenn Affidavit View on PACER 5 Exhibit S.Schwartz Affidavit View on PACER	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 View on PACER	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 View on PACER	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 View on PACER 3 Exhibit Summary of Fees View on PACER 4 Exhibit Summary of Costs View on PACER 5 Exhibit Affidavit of S. Schwartz View on PACER 6 Exhibit Affidavit of K. Rucker View on PACER 7 Exhibit Affidavit of R. Johnston View on PACER 8 Exhibit Affidavit of R. Johnston (2) View on PACER 9 Exhibit Affidavit of Dr. O'Shanick View on PACER 10 Exhibit Affidavit of Dr. M. Glenn View on PACER 11 Exhibit Affidavit of S. Hanlon View on PACER 12 Exhibit Affidavit of D. Manning View on PACER 13 Exhibit Affidavit of S. Rossman View on PACER	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 View on PACER	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 View on PACER	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 View on PACER 2 Proposed Notice to Class View on PACER 3 Supplement signature page View on PACER	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 View on PACER 2 Exhibit View on PACER 3 Text of Proposed Order View on PACER	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
95	Transcript of Fairness Hearing held on July 11, 2013, before Judge Michael A. Ponsor. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Alice Moran at 413-731-0086 Redaction Request due 8/20/2013. Redacted Transcript Deadline set for 8/30/2013. Release of Transcript Restriction set for 10/28/2013. (Scalfani, Deborah) (Entered: 07/30/2013)	July 30, 2013	July 30, 2013 PACER
96	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, available on the court website at http://www.mad.uscourts.gov/attorneys/general-info.htm (Scalfani, Deborah) (Entered: 07/30/2013)	July 30, 2013	July 30, 2013 PACER
105	Dismiss	Aug. 24, 2021	Aug. 24, 2021 PACER
106	Memorandum in Support of Motion 1 Exhibit Exhibit A View on RECAP 2 Exhibit Exhibit B View on RECAP 3 Exhibit Exhibit C View on RECAP 4 Exhibit Exhibit D View on RECAP 5 Exhibit Exhibit E View on RECAP	Aug. 24, 2021	Aug. 24, 2021 RECAP
	Notice Setting or Resetting Hearing on Motion	Sept. 13, 2021	Sept. 13, 2021 PACER
108	Order on Motion to Dismiss	Sept. 27, 2021	Sept. 27, 2021 RECAP

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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

Facility Type(s):