Case: Carey v. Christie

1:12-cv-02522 | U.S. District Court for the District of New Jersey

Filed Date: April 27, 2012

Closed Date: 2013

Clearinghouse coding complete

Case Summary

On April 27, 2012, residents at a state-run facility for women with developmental disabilities filed a class action lawsuit on behalf of the women in their facility in the United States District Court for the District of New Jersey under Section 1983, the Americans with Disabilities Act ("ADA"), and Section 504 of the Rehabilitation Act of 1973 ("Section 504") against the state of New Jersey. The plaintiffs, represented by private counsel, asked the court for various forms of injunctive relief…

On April 27, 2012, residents at a state-run facility for women with developmental disabilities filed a class action lawsuit on behalf of the women in their facility in the United States District Court for the District of New Jersey under Section 1983, the Americans with Disabilities Act ("ADA"), and Section 504 of the Rehabilitation Act of 1973 ("Section 504") against the state of New Jersey. The plaintiffs, represented by private counsel, asked the court for various forms of injunctive relief, claiming that the state was in violation of the ADA, Section 504, the Medicaid Act, and plaintiffs' substantive due process rights. Specifically, the plaintiffs claimed that discharges or transfers were being forced upon plaintiffs without their consent, or the consent of their guardians or families; that plaintiffs were being discharged from the Vineland Developmental Center to other settings in violation of Section 504's mandate that the state implement its services and programs in "the most integrated setting appropriate" to meet plaintiffs' needs; that defendants have not met plaintiffs' needs under their multidisciplinary plans according to the Medicaid Act; and that plaintiffs' substantive due process rights were being violated by placing plaintiffs in other settings, subjecting them to an increased likelihood of injury and death from abuse, neglect, error, and lack of appropriate services.

On March 19, 2013, the Court (District Judge Renée Marie Bumb) granted the State's motion to dismiss, stating only that it was granting the motion for "the reasons stated at oral argument." No transcript of the proceeding is available. The Court allowed plaintiffs 45 days to file an amended complaint.

However, on May 2, 2013, plaintiffs asked the Court to grant a voluntary dismissal. The plaintiffs stated that they would "wait until the inevitable harm by the State becomes more evident and imminent," and that they would "seek to restart or to revive this litigation when appropriate." The Court granted plaintiffs' request and dismissed the action on May 6, 2013.

Summary Authors

Dan Whitman (9/19/2014)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/12967129/parties/carey-v-christie/


Judge(s)

Bumb, Renee Marie (New Jersey)

Donio, Ann Marie (New Jersey)

Attorneys(s) for Plaintiff

Archer, Thomas A. (Pennsylvania)

York, Thomas B. (Pennsylvania)

Attorneys(s) for Defendant

Hughes, Gerard Andrew (New Jersey)

Other Attorney(s)

Active

Judge(s)

Bumb, Renee Marie (New Jersey)

Donio, Ann Marie (New Jersey)

Attorneys(s) for Plaintiff

Archer, Thomas A. (Pennsylvania)

York, Thomas B. (Pennsylvania)

Attorneys(s) for Defendant

Hughes, Gerard Andrew (New Jersey)

Other Attorney(s)

Cheng, Christopher N. (District of Columbia)

Documents in the Clearinghouse

Document

1:12-cv-02522

Docket [PACER]

May 6, 2013

May 6, 2013

Docket
1

1:12-cv-02522

Complaint

April 27, 2012

April 27, 2012

Complaint
30

1:12-cv-02522

Amended Complaint

Jan. 11, 2013

Jan. 11, 2013

Complaint
33-1

1:12-cv-02522

Defendants' Motion To Dismiss Pursuant to Fed. R. Civ. P. 12(b)

Feb. 8, 2013

Feb. 8, 2013

Pleading / Motion / Brief
39

1:12-cv-02522

Plaintiffs' Brief in Opposition to Motion To Dismiss

March 4, 2013

March 4, 2013

Pleading / Motion / Brief
42

1:12-cv-02522

Order Granting Motion To Dismiss

March 19, 2013

March 19, 2013

Order/Opinion
46

1:12-cv-02522

Order Granting Plaintiffs' Request for Voluntary Dismissal

May 6, 2013

May 6, 2013

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/12967129/carey-v-christie/

Last updated July 29, 2022, 3:01 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against DAWN APGAR, CHRISTOPHER CHRISTIE, ELOISE HAWKINS, NEW JERSEY DEPARTMENT OF HUMAN SERVICES, NEW JERSEY DEPARTMENT OF HUMAN SERVICES DIVISION OF DEVELOPMENTAL DISABILITIES, JENNIFER VELEZ, VINELAND DEVELOPMENTAL CENTER ( Filing fee $ 350 receipt number 0312-4320265) with JURY DEMAND, filed by PATRICIA IADICOLA, KAREN COLLETTI, LAURA GORDON, DEBRA HAMILTON, TERESITA CAREY, BARBARA STEWARD, CONSTANCE DANIELS. (Attachments: # 1 Civil Cover Sheet, # 2 Verification)(bdk, ) (Entered: 04/30/2012)

April 27, 2012

April 27, 2012

Clearinghouse
2

SUMMONS ISSUED as to DAWN APGAR, CHRISTOPHER CHRISTIE, ELOISE HAWKINS, NEW JERSEY DEPARTMENT OF HUMAN SERVICES, NEW JERSEY DEPARTMENT OF HUMAN SERVICES DIVISION OF DEVELOPMENTAL DISABILITIES, JENNIFER VELEZ, VINELAND DEVELOPMENTAL CENTER Attached is the official court Summons, please fill out Defendant and Plaintiffs attorney information and serve. Issued By *Brian D. Kemner* (bdk, ) (Entered: 04/30/2012)

April 27, 2012

April 27, 2012

PACER
3

MOTION for Leave to Appear Pro Hac Vice by TERESITA CAREY, KAREN COLLETTI, CONSTANCE DANIELS, LAURA GORDON, DEBRA HAMILTON, PATRICIA IADICOLA, BARBARA STEWARD. (Attachments: # 1 Exhibit A)(ARCHER, THOMAS) (Entered: 04/30/2012)

April 30, 2012

April 30, 2012

PACER

Set Deadlines as to 3 MOTION for Leave to Appear Pro Hac Vice . Motion set for 6/4/2012 before Magistrate Judge Ann Marie Donio. The motion will be decided on the papers. No appearances required unless notified by the court. (dmr)

May 1, 2012

May 1, 2012

PACER
4

ORDER, Pltf's 3 Motion for Leave to Appear Pro Hac Vice is DISMISSED WITHOUT PREJUDICE, etc. Signed by Magistrate Judge Ann Marie Donio on 5/22/2012. (dmr) (Entered: 05/22/2012)

May 22, 2012

May 22, 2012

PACER
5

WAIVER OF SERVICE Returned Executed by PATRICIA IADICOLA, KAREN COLLETTI, LAURA GORDON, DEBRA HAMILTON, TERESITA CAREY, BARBARA STEWARD, CONSTANCE DANIELS. DAWN APGAR waiver sent on 5/17/2012, answer due 7/16/2012. (ARCHER, THOMAS) (Entered: 06/26/2012)

June 26, 2012

June 26, 2012

PACER
6

WAIVER OF SERVICE Returned Executed by PATRICIA IADICOLA, KAREN COLLETTI, LAURA GORDON, DEBRA HAMILTON, TERESITA CAREY, BARBARA STEWARD, CONSTANCE DANIELS. ELOISE HAWKINS waiver sent on 5/17/2012, answer due 7/16/2012; VINELAND DEVELOPMENTAL CENTER waiver sent on 5/17/2012, answer due 7/16/2012. (ARCHER, THOMAS) (Entered: 06/26/2012)

June 26, 2012

June 26, 2012

PACER
7

WAIVER OF SERVICE Returned Executed by PATRICIA IADICOLA, KAREN COLLETTI, LAURA GORDON, DEBRA HAMILTON, TERESITA CAREY, BARBARA STEWARD, CONSTANCE DANIELS. CHRISTOPHER CHRISTIE waiver sent on 5/31/2012, answer due 7/30/2012. (ARCHER, THOMAS) (Entered: 06/26/2012)

June 26, 2012

June 26, 2012

PACER
8

WAIVER OF SERVICE Returned Executed by PATRICIA IADICOLA, KAREN COLLETTI, LAURA GORDON, DEBRA HAMILTON, TERESITA CAREY, BARBARA STEWARD, CONSTANCE DANIELS. NEW JERSEY DEPARTMENT OF HUMAN SERVICES waiver sent on 5/18/2012, answer due 7/17/2012; NEW JERSEY DEPARTMENT OF HUMAN SERVICES DIVISION OF DEVELOPMENTAL DISABILITIES waiver sent on 5/18/2012, answer due 7/17/2012; JENNIFER VELEZ waiver sent on 5/18/2012, answer due 7/17/2012. (ARCHER, THOMAS) (Entered: 06/26/2012)

June 26, 2012

June 26, 2012

PACER
9

Application and Proposed Order for Clerk's Order to extend time to answer as to Complaint. Attorney GERARD ANDREW HUGHES for DAWN APGAR,GERARD ANDREW HUGHES for CHRISTOPHER CHRISTIE,GERARD ANDREW HUGHES for ELOISE HAWKINS,GERARD ANDREW HUGHES for NEW JERSEY DEPARTMENT OF HUMAN SERVICES,GERARD ANDREW HUGHES for NEW JERSEY DEPARTMENT OF HUMAN SERVICES DIVISION OF DEVELOPMENTAL DISABILITIES,GERARD ANDREW HUGHES for JENNIFER VELEZ,GERARD ANDREW HUGHES for VINELAND DEVELOPMENTAL CENTER added. (HUGHES, GERARD) (Entered: 07/03/2012)

July 3, 2012

July 3, 2012

PACER

Clerk`s Text Order - The document 9 Application for Clerk's Order to Ext Answer/Proposed Order submitted by ELOISE HAWKINS, JENNIFER VELEZ, VINELAND DEVELOPMENTAL CENTER, CHRISTOPHER CHRISTIE, NEW JERSEY DEPARTMENT OF HUMAN SERVICES DIVISION OF DEVELOPMENTAL DISABILITIES, DAWN APGAR, NEW JERSEY DEPARTMENT OF HUMAN SERVICES has been GRANTED. The answer due date has been set for 07/23/2012. (tf, )

July 5, 2012

July 5, 2012

PACER
10

MOTION for Leave to Appear Pro Hac Vice by TERESITA CAREY, KAREN COLLETTI, CONSTANCE DANIELS, LAURA GORDON, DEBRA HAMILTON, PATRICIA IADICOLA, BARBARA STEWARD. (Attachments: # 1 Exhibit)(ARCHER, THOMAS) (Entered: 07/13/2012)

July 13, 2012

July 13, 2012

PACER

Set Deadlines as to 10 MOTION for Leave to Appear Pro Hac Vice . Motion set for 8/6/2012 before Magistrate Judge Ann Marie Donio. The motion will be decided on the papers. No appearances required unless notified by the court. (tf, )

July 13, 2012

July 13, 2012

PACER
11

TEXT ORDER: Within ten (10) days of the date of this Text Order, counsel for plaintiffs shall file a certification of the applicant in support of the pro hac vice motion as set forth in the amendment to L. Civ. R. 101.1(c)(1) (eff. March 1, 2010); or in lieu thereof, may attach an UPDATED certificate of good standing. See http://www.njd.uscourts.gov/LocalRules.html. ORDERED byMagistrate Judge Ann Marie Donio on 7/23/2012. (slc) (Entered: 07/23/2012)

July 23, 2012

July 23, 2012

PACER
12

MOTION to Dismiss Complaint by DAWN APGAR, CHRISTOPHER CHRISTIE, ELOISE HAWKINS, NEW JERSEY DEPARTMENT OF HUMAN SERVICES, NEW JERSEY DEPARTMENT OF HUMAN SERVICES DIVISION OF DEVELOPMENTAL DISABILITIES, JENNIFER VELEZ, VINELAND DEVELOPMENTAL CENTER. Responses due by 8/6/2012 (Attachments: # 1 Brief, # 2 Certification of Gerard Hughes with Exhibits A and B, # 3 Text of Proposed Order, # 4 Certificate of Service)(HUGHES, GERARD) (Entered: 07/23/2012)

July 23, 2012

July 23, 2012

PACER

Set Deadlines as to 12 MOTION to Dismiss Complaint. Motion set for 8/20/2012 before Judge Renee Marie Bumb. The motion will be decided on the papers. No appearances required unless notified by the court. (tf, )

July 24, 2012

July 24, 2012

PACER
13

Exhibit to 10 Motion for Leave to Appear by TERESITA CAREY, KAREN COLLETTI, CONSTANCE DANIELS, LAURA GORDON, DEBRA HAMILTON, PATRICIA IADICOLA, BARBARA STEWARD. (ARCHER, THOMAS) (Entered: 07/25/2012)

July 25, 2012

July 25, 2012

PACER
14

ORDER granting 10 Motion for Leave to Appear Pro Hac Vice as to Thomas B. York, Esq. Shall remit to the New Jersey Lawyers' Fund for Client Protection the annual payment required. Pay $150.00 to US District Court, etc.. Signed by Magistrate Judge Ann Marie Donio on 07/26/2012. (tf, ) (Entered: 07/26/2012)

July 26, 2012

July 26, 2012

PACER
15

BRIEF in Opposition filed by TERESITA CAREY, KAREN COLLETTI, CONSTANCE DANIELS, LAURA GORDON, DEBRA HAMILTON, PATRICIA IADICOLA, BARBARA STEWARD re 12 MOTION to Dismiss Complaint (ARCHER, THOMAS) (Entered: 08/06/2012)

Aug. 6, 2012

Aug. 6, 2012

PACER
16

Letter from Gerard Hughes re Task Force Report and Request for Extension. (HUGHES, GERARD) (Entered: 08/10/2012)

Aug. 10, 2012

Aug. 10, 2012

PACER
17

Minute Entry for proceedings held before Judge Renee Marie Bumb: Telephone Conference held on 8/14/2012. (Court Reporter Ted Formaroli) (ar1, ) (Entered: 08/14/2012)

Aug. 14, 2012

Aug. 14, 2012

PACER

Pro Hac Vice fee as to Thomas B. York: $ 150, receipt number CAM002310 (tf, )

Sept. 10, 2012

Sept. 10, 2012

PACER
18

MOTION for Leave to Appear Pro Hac Vice by TERESITA CAREY, KAREN COLLETTI, CONSTANCE DANIELS, LAURA GORDON, DEBRA HAMILTON, PATRICIA IADICOLA, BARBARA STEWARD. (Attachments: # 1 Certificate of Good Standing)(ARCHER, THOMAS) (Entered: 09/12/2012)

Sept. 12, 2012

Sept. 12, 2012

PACER
19

MOTION for Leave to Appear Pro Hac Vice by TERESITA CAREY, KAREN COLLETTI, CONSTANCE DANIELS, LAURA GORDON, DEBRA HAMILTON, PATRICIA IADICOLA, BARBARA STEWARD. (Attachments: # 1 Certificate of Good Standing)(ARCHER, THOMAS) (Entered: 09/12/2012)

Sept. 12, 2012

Sept. 12, 2012

PACER

Set Deadlines as to 19 MOTION for Leave to Appear Pro Hac Vice, 18 MOTION for Leave to Appear Pro Hac Vice . Motion set for 10/15/2012 before Magistrate Judge Ann Marie Donio. The motion will be decided on the papers. No appearances required unless notified by the court. (tf, )

Sept. 12, 2012

Sept. 12, 2012

PACER
20

TEXT ORDER. The in-person oral argument scheduled for September 20, 2012 at 9:30 a.m. has been converted to a telephonic conference at the same time. The conference will address whether Plaintiffs` Complaint is now moot. Counsel for Plaintiffs shall initiate the call with the Court. Signed by Judge Renee Marie Bumb on 09/13/12. (Bumb, Renee) (Entered: 09/13/2012)

Sept. 13, 2012

Sept. 13, 2012

PACER
21

Minute Entry for proceedings held before Judge Renee Marie Bumb: Motion Hearing via telephone held on 9/20/2012 re 12 MOTION to Dismiss Complaint. Ordered motion to dismiss to be administratively terminated. Ordered a status letter to be filed with the Court by November 16, 2012. Ordered a telephone status conference set for December 10, 2012 at 1:15p.m. and to be initiated by defense counsel. Order to be entered. (Court Reporter/Recorder Ted Formaroli.) (tf, ) (Entered: 09/20/2012)

Sept. 20, 2012

Sept. 20, 2012

PACER
22

ORDERED that Defendants' motion to dismiss 12 is ADMINISTRATIVELY TERMINATED. The parties shall file a status letter with the Court on or before 11/16/2012. The parties shall appear for a telephonic conference, to be initiated by counsel for Defendants, on 12/10/2012 at 1:15pm. Signed by Judge Renee Marie Bumb on 09/24/2012. (tf, ) (Entered: 09/25/2012)

Sept. 25, 2012

Sept. 25, 2012

PACER
23

ORDER granting 18 & 19 Motion for Leave to Appear Pro Hac Vice as to Cordelia M. Elias and Donald B. Zaycosky, Esqs. Shall remit to New Jersey Lawyers' Fund for Client Protection the annual payment required. Pay $150.00 to US District Court, etc.. Signed by Magistrate Judge Ann Marie Donio on 10/02/2012. (tf, ) (Entered: 10/03/2012)

Oct. 3, 2012

Oct. 3, 2012

PACER
24

Notice of Request by Pro Hac Vice Thomas B. York, Esquire to receive Notices of Electronic Filings. (ARCHER, THOMAS) (Entered: 10/15/2012)

Oct. 15, 2012

Oct. 15, 2012

PACER
25

SCHEDULING ORDER: In-Person Status Conference set for 12/3/2012 03:00 PM before Magistrate Judge Ann Marie Donio. Signed by Magistrate Judge Ann Marie Donio on 11/20/2012. (tf, ) (Entered: 11/20/2012)

Nov. 20, 2012

Nov. 20, 2012

PACER
26

TEXT ORDER. In light of the in person status conference set by Judge Donio for December 3, 2012, at 3:00 pm, the telephone conference scheduled for December 10, 2012 before this Court is CANCELLED. Signed by Judge Renee Marie Bumb on 11/20/12. (Bumb, Renee) (Entered: 11/20/2012)

Nov. 20, 2012

Nov. 20, 2012

PACER
27

TEXT ORDER: Upon letter application from Thomas B. York, Esq., and with the consent of counsel, the 12/3/2012 status conference before Judge Donio shall be, and is hereby, RESCHEDULED to 12/6/2012 at 11:30 AM. ORDERED by Magistrate Judge Ann Marie Donio on 11/30/2012. (slc) (Entered: 11/30/2012)

Nov. 30, 2012

Nov. 30, 2012

PACER
28

Minute Entry for proceedings held before Magistrate Judge Ann Marie Donio: Status Conference held on 12/6/2012. Order to be entered. (CD #637.) (tf, ) (Entered: 12/06/2012)

Dec. 6, 2012

Dec. 6, 2012

PACER
29

ORDER, Plaintiffs shall be, and are hereby, granted leave to file an amended complaint by no later than January 11, 2013. Settlement Conference set for 1/28/2013 at 1:30 PM before Magistrate Judge Ann Marie Donio. Signed by Magistrate Judge Ann Marie Donio on 12/7/12. (js) (Entered: 12/07/2012)

Dec. 7, 2012

Dec. 7, 2012

PACER

NOTICE: Settlement Memoranda due to Chambers by 1/14/13. See Scheduling Order of 12/7/12. (sb)

Jan. 10, 2013

Jan. 10, 2013

PACER
30

AMENDED COMPLAINT against DAWN APGAR, CHRISTOPHER CHRISTIE, ELOISE HAWKINS, NEW JERSEY DEPARTMENT OF HUMAN SERVICES, NEW JERSEY DEPARTMENT OF HUMAN SERVICES DIVISION OF DEVELOPMENTAL DISABILITIES, JENNIFER VELEZ, VINELAND DEVELOPMENTAL CENTER, filed by PATRICIA IADICOLA, KAREN COLLETTI, LAURA GORDON, DEBRA HAMILTON, TERESITA CAREY, BARBARA STEWARD, CONSTANCE DANIELS.(ARCHER, THOMAS) (Entered: 01/11/2013)

Jan. 11, 2013

Jan. 11, 2013

Clearinghouse
31

TEXT ORDER: In light of Defendants' position as set forth in their letter of 1/18/2013, the settlement conference on 1/28/2013 shall be, and is hereby, ADJOURNED. The Court will conduct a telephone conference on 2/22/2013 at 10:30 AM. Counsel for plaintiffs shall initiate the telephone call. ORDERED by Magistrate Judge Ann Marie Donio on 1/23/2013. (slc) (Entered: 01/23/2013)

Jan. 23, 2013

Jan. 23, 2013

PACER
32

Application and Proposed Order for Clerk's Order to extend time to answer as to Amended Complaint.. (HUGHES, GERARD) (Entered: 01/24/2013)

Jan. 24, 2013

Jan. 24, 2013

PACER

Clerk`s Text Order - The document 32 Application for Clerk's Order to Ext Answer/Proposed Order submitted by ELOISE HAWKINS, JENNIFER VELEZ, VINELAND DEVELOPMENTAL CENTER, CHRISTOPHER CHRISTIE, NEW JERSEY DEPARTMENT OF HUMAN SERVICES DIVISION OF DEVELOPMENTAL DISABILITIES, DAWN APGAR, NEW JERSEY DEPARTMENT OF HUMAN SERVICES has been GRANTED. The answer due date has been set for 2/8/2013. (tf, )

Jan. 25, 2013

Jan. 25, 2013

PACER
33

MOTION to Dismiss Amended Complaint by DAWN APGAR, CHRISTOPHER CHRISTIE, ELOISE HAWKINS, NEW JERSEY DEPARTMENT OF HUMAN SERVICES, NEW JERSEY DEPARTMENT OF HUMAN SERVICES DIVISION OF DEVELOPMENTAL DISABILITIES, JENNIFER VELEZ, VINELAND DEVELOPMENTAL CENTER. Responses due by 2/19/2013 (Attachments: # 1 Brief, # 2 Certification of Gerard Hughes, # 3 Exhibit A and B, # 4 Certificate of Service)(HUGHES, GERARD) (Entered: 02/08/2013)

Feb. 8, 2013

Feb. 8, 2013

PACER
34

MOTION to Seal Exhibits C through I to Motion to Dismiss Amended Complaint by DAWN APGAR, CHRISTOPHER CHRISTIE, ELOISE HAWKINS, NEW JERSEY DEPARTMENT OF HUMAN SERVICES, NEW JERSEY DEPARTMENT OF HUMAN SERVICES DIVISION OF DEVELOPMENTAL DISABILITIES, JENNIFER VELEZ, VINELAND DEVELOPMENTAL CENTER. (Attachments: # 1 Brief, # 2 Certification of Eloise Hawkins, # 3 Text of Proposed Order, # 4 Certificate of Service)(HUGHES, GERARD) (Entered: 02/08/2013)

Feb. 8, 2013

Feb. 8, 2013

PACER
35

Exhibit to 34 Motion to Seal, by DAWN APGAR, CHRISTOPHER CHRISTIE, ELOISE HAWKINS, NEW JERSEY DEPARTMENT OF HUMAN SERVICES, NEW JERSEY DEPARTMENT OF HUMAN SERVICES DIVISION OF DEVELOPMENTAL DISABILITIES, JENNIFER VELEZ, VINELAND DEVELOPMENTAL CENTER. (Attachments: # 1 Exhibit E and F (CONFIDENTIAL MATERIALS), # 2 Exhibit G and H (CONFIDENTIAL MATERIALS), # 3 Exhibit I (CONFIDENTIAL MATERIALS))(HUGHES, GERARD) (Entered: 02/08/2013)

Feb. 8, 2013

Feb. 8, 2013

PACER

Set Deadlines as to 33 MOTION to Dismiss Amended Complaint, 34 MOTION to Seal Exhibits C through I to Motion to Dismiss Amended Complaint. Motion set for 3/4/2013 before Judge Renee Marie Bumb. The motion will be decided on the papers. No appearances required unless notified by the court. (tf, )

Feb. 11, 2013

Feb. 11, 2013

PACER
36

Rule 7.1(d)(5) Letter for an automatic extension of the return date of a dispositive motion re 33 MOTION to Dismiss Amended Complaint . (ARCHER, THOMAS) (Entered: 02/15/2013)

Feb. 15, 2013

Feb. 15, 2013

PACER

AMENDED Set Deadlines as to 33 MOTION to Dismiss Amended Complaint. Motion set for 3/18/2013 before Judge Renee Marie Bumb. The motion will be decided on the papers. No appearances required unless notified by the court. (Per # 36 ) (tf, )

Feb. 19, 2013

Feb. 19, 2013

PACER
37

Minute Entry for proceedings held before Magistrate Judge Ann Marie Donio: Telephone Status Conference held on 2/22/2013. (CD #649.) (tf, ) (Entered: 02/25/2013)

Feb. 22, 2013

Feb. 22, 2013

PACER
38

LETTER ORDER addressed to Counsel: Oral argument on Defendants' Motion to Dismiss has been scheduled for 3/18/2013, at 2:30 p.m., in Courtroom 3D. Signed by Judge Renee Marie Bumb on 2/28/2013. (tf, ) (Entered: 02/28/2013)

Feb. 28, 2013

Feb. 28, 2013

PACER
39

BRIEF in Opposition filed by TERESITA CAREY, KAREN COLLETTI, CONSTANCE DANIELS, LAURA GORDON, DEBRA HAMILTON, PATRICIA IADICOLA, BARBARA STEWARD re 33 MOTION to Dismiss Amended Complaint (ARCHER, THOMAS) (Entered: 03/04/2013)

March 4, 2013

March 4, 2013

Clearinghouse
40

Letter from U.S. Department of Justice re 38 Order. (Attachments: # 1 Certificate of Service)(CHENG, CHRISTOPHER) (Entered: 03/14/2013)

March 14, 2013

March 14, 2013

PACER
41

Letter from Thomas A. Archer, Esquire. (ARCHER, THOMAS) (Entered: 03/15/2013)

March 15, 2013

March 15, 2013

PACER
42

ORDER granting 33 Motion to Dismiss ; granting 34 Motion to Seal. Plaintiffs shall have 45 days from the entry of this Order to file an amended complaint. Signed by Judge Renee Marie Bumb on 3/18/2013. (tf, ) (Entered: 03/19/2013)

March 19, 2013

March 19, 2013

Clearinghouse
43

Minute Entry for proceedings held before Judge Renee Marie Bumb: Motion Hearing held on 3/18/2013. Hearing on 33 MOTION to Dismiss Amended Complaint filed by JENNIFER VELEZ, ELOISE HAWKINS, VINELAND DEVELOPMENTAL CENTER, DAWN APGAR, NEW JERSEY DEPARTMENT OF HUMAN SERVICES DIVISION OF DEVELOPMENTAL DISABILITIES, CHRISTOPHER CHRISTIE, NEW JERSEY DEPARTMENT OF HUMAN SERVICES. Ordered motion granted and plaintiff leave to amend the complaint within 45 days. Order to be entered. (Court Reporter Ted Formaroli) (ar1, ) (Entered: 03/19/2013)

March 19, 2013

March 19, 2013

PACER
44

INDIVIDUAL RULES AND PROCEDURES JUDGE RENEE MARIE BUMB. (drw) (Entered: 05/02/2013)

May 2, 2013

May 2, 2013

PACER
45

Letter from Thomas B. York, Esquire. (ARCHER, THOMAS) (Entered: 05/02/2013)

May 2, 2013

May 2, 2013

PACER
46

ORDER granting request for voluntary dismissal. Signed by Judge Renee Marie Bumb on 5/6/2013. (tf, ) ***CIVIL CASE CLOSED*** (Entered: 05/06/2013)

May 6, 2013

May 6, 2013

PACER

Case Details

State / Territory: New Jersey

Case Type(s):

Intellectual Disability (Facility)

Special Collection(s):

Olmstead Cases

Multi-LexSum (in sample)

Key Dates

Filing Date: April 27, 2012

Closing Date: 2013

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Putative class of New Jersey residents who reside or resided at the Vineland Developmental Center at anytime since April 25, 2010, or at any time during the litigation.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

State of New Jersey (Hamilton, Mercer), State

Defendant Type(s):

Housing Authority

Case Details

Causes of Action:

42 U.S.C. § 1983

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

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

Constitutional Clause(s):

Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None yet

Form of Settlement:

Voluntary Dismissal

Issues

General:

Access to public accommodations - governmental

Deinstitutionalization/decarceration

Discharge & termination plans

Funding

Government Services

Habilitation (training/treatment)

Placement in mental health facilities

Affected Gender:

Female

Disability:

Mental impairment

Mental Disability:

Autism

Cerebral palsy

Developmental disability without intellectual disability

Intellectual/developmental disability, unspecified

Mental Illness, Unspecified

Medical/Mental Health:

Intellectual/Developmental Disability

Type of Facility:

Government-run

Benefit Source:

Medicaid