Case: Ball v. Kasich

2:16-cv-00282 | U.S. District Court for the Southern District of Ohio

Filed Date: March 31, 2016

Case Ongoing

Clearinghouse coding complete

Case Summary

On March 31, 2016, individuals with intellectual and developmental disabilities filed this class action lawsuit in the U.S. District Court for the Southern District of Ohio. They sued the state of Ohio, including the state's disability departments, under Title II of the Americans with Disabilities Act (42 U.S.C. §§ 12111 et seq.), Section 504 of the Rehabilitation Act, 42 U.S.C. § 1983, and the Social Security Act. The plaintiffs issued a press release on the same day, available here. The case …

On March 31, 2016, individuals with intellectual and developmental disabilities filed this class action lawsuit in the U.S. District Court for the Southern District of Ohio. They sued the state of Ohio, including the state's disability departments, under Title II of the Americans with Disabilities Act (42 U.S.C. §§ 12111 et seq.), Section 504 of the Rehabilitation Act, 42 U.S.C. § 1983, and the Social Security Act. The plaintiffs issued a press release on the same day, available here. The case was assigned to Judge Edmund A. Sargus, Jr.

The plaintiffs filed the suit on behalf of all patients institutionalized, or at serious risk of institutionalization, at Intermediate Care Facilities (ICF) for individuals with intellectual disabilities, even though they had preferred to reside in an integrated, community-based setting and receive integrated, community-based employment or day services. They claimed that they were experiencing, or were at risk of experiencing, pervasive and widespread isolation and segregation in violation of Title II of the Americans with Disabilities Act and the Supreme Court’s decision in Olmstead v. L.C. (along with the listed statutes above). The Ability Center of Greater Toledo also joined the suit as a plaintiff, claiming that it suffered economic injury. The complaint estimated that the class included approximately 27,800 similarly situated individuals.

In the period from May until October, the defendants made several motions to dismiss. On August 22, 2016, the plaintiffs moved to certify the class. On September 21, 2016, Magistrate Judge Deavers issued an order regarding discovery, setting a due date of January 31, 2017 for the plaintiffs’ amended motion for class certification.

On March 23, 2017, Judge Sargus issued an opinion and order denying the defendants’ motions to dismiss (except for Governor John Kasich’s motion, which was granted in part and denied in part). 244 F. Supp. 3d 662 (S.D. Ohio 2017). The court rejected the Director of Opportunities for Ohioans with Disabilities’ argument that the court should dismiss the class action because Disability Rights Ohio (whose attorneys represented the plaintiffs and signed the complaint) was precluded from bringing the action; the court explained that the scope of representation was a collateral issue best left to the governing agency. The court granted in part the Governor’s motion to dismiss the plaintiffs’ ADA and Social Security Act claims and denied in part his motion to dismiss the plaintiffs’ Rehabilitation Act claim. The court rejected the Director of the Ohio Department of Developmental Disability’s claim that a consent decree from a prior case, Martin v. Taft (S.D. Ohio, 2007), and res judicata compelled dismissal; the court explained that this case concerned allegations that arose after Martin. The court also rejected defendants’ arguments concerning justiciability and standing under the Social Security Act.

On March 27, 2017, the court (Judge Sargus) issued an opinion and order granting what it described as the plaintiffs’ unopposed motion for class certification. 2017 WL 1148358. The court certified the class as consisting of the following: “All Medicaid-eligible adults with intellectual and developmental disabilities residing in the state of Ohio who, on or after March 31, 2016, are institutionalized, or at serious risk of institutionalization, in an Intermediate Care Facility with eight or more beds, and who have not documented their opposit[ion] to receiving integrate[d], community-based services.”

However, on March 30, 2017, the defendants filed a motion to expedite reconsideration of the class certification order, given that, according to the defendants, the parties were conducting class-based discovery and the defendants’ response to the plaintiffs’ motion was not yet due.

On April 7, 2017, the court (Judge Deavers) issued an order setting a new deadline for conducting class discovery (May 19, 2017), and a new deadline for the defendants to file their motion in opposition to the plaintiffs’ motion for class certification (June 16, 2017). The court also granted the defendants’ unopposed joint motion for extension of time to answer the plaintiffs’ class action complaint. The defendants filed their answers on April 20, 2017.

On April 19, 2017, ten individuals with intellectual and developmental disabilities served by Ohio's ICF system filed, through their guardians, a motion to intervene as plaintiffs. Following the guardians' motion for intervention, 99 individuals (other guardians of individuals in Ohio ICFs) filed motions to join in intervention. The guardian intervenors indicated that, for their wards, they did not want movement from their current institutional setting and that forcing them to move would cause substantial harm. They feared that the plaintiffs' claims and relief would deny individuals with intellectual and developmental disabilities the choice to remain in an ICF. They sought intervention to protect their choice for their ward to remain in an ICF and for ICF placement to be provided as an option for people living in the community with unmet service needs. On May 10, 2017, the plaintiffs filed a response in opposition, stating that the requested relief would in no way foreclose the right of individuals to exercise informed choice to remain in ICFs.

On June 5, 2017, the court held a settlement conference in which the parties and the proposed intervenors participated. In an order of July 25, 2017, the court (Judge Sargus) permitted intervention by the guardian intervenors and by Ohio Association of County Boards of Developmental Disabilities (OCB).

The parties engaged in mediation and significant discovery around the reconsideration of class certification. In light of the class-based discovery and the intervention by the ICF guardians and the county board association, the plaintiffs moved to modify the class definition on August 28, 2017. The court granted the motion on September 20, 2017, and in their October 20, 2017 reply brief, the plaintiffs submitted the following modified class definition: "All Medicaid-eligible adults with intellectual and developmental disabilities residing in the state of Ohio who, on or after March 31, 2016, are qualified for home and community-based services, but (a) are institutionalized in an Intermediate Care Facility with eight or more beds, and, after receiving options counseling, express that they are interested in, or may be interested in, integrated community-based services; or (b) are at serious risk of institutionalization in an Intermediate Care Facility with eight or more beds and have, by placing themselves on a waiting list for community-based services, expressed an interest in receiving integrated services while continuing to live in the community."

On March 30, 2018, the court (Judge Sargus) granted in part and denied in part the plaintiffs' motion for class certification. 307 F. Supp.3d 701 (S.D. Ohio 2018). The court exercised its discretion to modify class definitions, and revised the class definition as follows: "All Medicaid-eligible adults with intellectual and developmental disabilities residing in the state of Ohio, who, on or after March 31, 2016, are qualified for home and community-based services, and, after receiving options counseling, express that they are interested in community-based services."

On September 14, 2018, the guardian intervenors filed a third-party complaint, filing suit against (1) Ohio and its disability departments and (2) the OCB and Disability Rights Ohio. The guardian intervenors filed suit under the Americans with Disabilities Act, the Rehabilitation Act, the Social Security Act, the Developmental Disabilities Assistance and Bill of Rights, the Fourteenth Amendment, and state law. The sole intention of their suit was to ensure that ICF right was actually offered, properly administered, and adequately funded. Guardian intervenors sought declaratory relief stating that defendants were violating the statutes above, as well as permanent injunctive relief to remedy violations of those statutes.

On September 25, 2018, the court (Judge Edmund A. Sargus) issued an order memorializing its definition of the class in response to the dispute about the class definition. The court defined the class as all Medicaid-eligible adults residing in Ohio with intellectual and development disabilities who were qualified for home and community-based service and, after receiving options counseling, wanted community-based services. The plaintiffs filed a motion for reconsideration of this definition on October 9, 2018, arguing that the class definition should be broader. The court denied this motion on December 7, 2018.

On October 25, 2018, the defendants moved to dismiss the guardian intervenor’s claim. The guardian intervenors withdrew their complaint and voluntarily dismissed their claims on November 20, 2018.

On May 10, 2019, the parties filed a joint motion for preliminary approval of a proposed class settlement. On October 18, 2019, the court issued an order granting preliminary approval of the settlement. The settlement stipulated that the defendants would offer a second round of options counseling to run through June 30, 2021. The counseling would help to identify which individuals interested in community-based services. The defendants also agreed to allocate additional funds to facilitate home and community-based services, including $24 million for housing assistance. The agreement had a tentative end date of January 8, 2023 subject to the resolution of any compliance disputes.

Judge Sargus conducted a fairness hearing on December 17, 2019. As with class certification, some individuals living in institutional settings who did not want to receive community-based services were concerned that they would lose access to their current services due to the settlement. On January 10, 2020, Disability Rights Ohio issued a press release asserting that existing services would not be reduced under the settlement.

As of March 2020, Judge Sargus has not yet decided whether to give final approval to the settlement.

Summary Authors

Julie Singer (4/12/2017)

Sarah McDonald (8/11/2018)

Cedar Hobbs (11/9/2019)

Hope Brinn (3/27/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4363837/parties/ball-v-kasich/


Judge(s)

Deavers, Elizabeth Preston (Ohio)

Sargus, Edmund A. Jr. (Ohio)

Attorneys(s) for Plaintiff

Bagenstos, Samuel R. (Massachusetts)

Costanzo, Cathy E. (Massachusetts)

Ellis, Neil R. (District of Columbia)

Hutchinson, John Gribbin (New York)

Kayes, Thomas (Illinois)

Knapp, Kristen A. (District of Columbia)

Krieger, Anna M. (Massachusetts)

McKay, Alison A. (Ohio)

Judge(s)

Deavers, Elizabeth Preston (Ohio)

Sargus, Edmund A. Jr. (Ohio)

Attorneys(s) for Plaintiff

Bagenstos, Samuel R. (Massachusetts)

Costanzo, Cathy E. (Massachusetts)

Ellis, Neil R. (District of Columbia)

Hutchinson, John Gribbin (New York)

Kayes, Thomas (Illinois)

Knapp, Kristen A. (District of Columbia)

Krieger, Anna M. (Massachusetts)

McKay, Alison A. (Ohio)

McLean, Nicholas M. (New York)

Muenz, Jonathan Warren (New York)

Rau, Kristen E. (Illinois)

Rucker, Kathryn L (Massachusetts)

Sjoberg-Witt, Kerstin S. (Ohio)

Truitt, Kevin J. (Ohio)

Attorneys(s) for Defendant

Brigner, Julie E. (Ohio)

Buchbinder, Robert Charles (Ohio)

Carwile, Tiffany L. (Ohio)

Green, Christopher Robert (Ohio)

James, Larry Holliday (Ohio)

Jarosch, Jeffrey (Ohio)

Keller, Zachary Paul (Ohio)

Lodico, Vincent James (Ohio)

Pierce, Sarah E. (Ohio)

Radic, Justin T. (Ohio)

Richardson, Ryan L (Ohio)

Showalter, Allan K. (Ohio)

Tice, Frank David V. (Ohio)

Other Attorney(s)

Beehler, Jason Hayes (Ohio)

Brody, John Paul (Ohio)

Choslovsky, William (Illinois)

Cohen, Robert G. (Ohio)

Dane, Stephen M (Ohio)

Gentry, Caroline (Ohio)

Gorczynski, Linda M. Italiano (Ohio)

Graff, Julia (District of Columbia)

Harrison, John Richard (Ohio)

Hickman, Franklin J. (Ohio)

Lusenhop, Peter A. (Ohio)

Mundy, Kara Marie (Ohio)

Reynolds, Diane Devitt (Ohio)

Scrutton, Suzanne Jo (Ohio)

Sugarman, Roger Philip (Ohio)

Trafford, Kathleen M (Ohio)

Documents in the Clearinghouse

Document

Docket [PACER]

March 10, 2020 Docket
1

Class Action Complaint

March 31, 2016 Complaint

Fact Sheet

No Court

March 31, 2016 Other
90

Opinion and Order

2017 WL 1102688

March 23, 2017 Order/Opinion
91

Opinion and Order

2017 WL 1148358

March 27, 2017 Order/Opinion
303

Opinion and Order

307 F.Supp.3d 701

March 30, 2018 Order/Opinion
326

Crossclaims and Third-Party Complaint of Intervenor-Guardians

Sept. 14, 2018 Complaint
332

Order

Sept. 25, 2018 Order/Opinion
370

Opinion and Order

2018 WL 6242230

Nov. 29, 2018 Order/Opinion
371

Opinion and Order

2018 WL 6437426

Dec. 7, 2018 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4363837/ball-v-kasich/

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT Class Action against All Defendants ( Filing fee $ 400 paid - receipt number: 0648-5442548), filed by Ross Hamilton, Caryl Mason, The Ability Center of Greater Toledo, Antonio Butler, Phyllis Ball, Richard Walters, Nathan Narowitz. (Attachments: # (1) Civil Cover Sheet) (Sjoberg-Witt, Kerstin)

1 Civil Cover Sheet

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March 31, 2016 RECAP
2

MOTION Appoint Next Friend by Plaintiffs Phyllis Ball, Antonio Butler, Ross Hamilton, Caryl Mason, Nathan Narowitz, The Ability Center of Greater Toledo, Richard Walters. Responses due by 4/25/2016 (Sjoberg-Witt, Kerstin)

March 31, 2016 PACER
3

MOTION for Leave to Appear Pro Hac Vice of Neil R. Ellis (Filing fee $ 200, receipt number 0648-5443991) by Plaintiffs Phyllis Ball, Antonio Butler, Ross Hamilton, Caryl Mason, Nathan Narowitz, The Ability Center of Greater Toledo, Richard Walters. Responses due by 4/25/2016 (Attachments: # (1) Certificate of Good Standing Neil R. Ellis) (Sjoberg-Witt, Kerstin)

1 Certificate of Good Standing Neil R. Ellis

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March 31, 2016 PACER
4

ORDER granting [2] Motion to serve as Next Friend. Signed by Magistrate Judge Elizabeth Preston Deavers on 4/1/2016. (mas)

April 1, 2016 PACER
5

ORDER granting [3] Motion for Leave to Appear Pro Hac Vice of Neil R. Ellis. Signed by Magistrate Judge Elizabeth Preston Deavers on 4/1/2016. (mas)

April 1, 2016 PACER
6

MOTION for Leave to Appear Pro Hac Vice of Kristen E. Rau (Filing fee $ 200, receipt number 0648-5445229) by Plaintiffs Phyllis Ball, Antonio Butler, Ross Hamilton, Caryl Mason, Nathan Narowitz, The Ability Center of Greater Toledo, Richard Walters. Responses due by 4/25/2016 (Attachments: # (1) Certificate of Good Standing - Kristen E. Rau) (Sjoberg-Witt, Kerstin)

1 Certificate of Good Standing - Kristen E. Rau

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April 1, 2016 PACER
7

MOTION for Leave to Appear Pro Hac Vice of Cathy E. Costanzo, Anna M. Krieger, Kathryn Lesley Rucker (Filing fee $ 600, receipt number 200COL041755) by Plaintiffs Phyllis Ball, Antonio Butler, Ross Hamilton, Caryl Mason, Nathan Narowitz, The Ability Center of Greater Toledo, Richard Walters. Responses due by 4/25/2016 (Attachments: # (1) Certificate of Good Standing - Cathy E. Costanzo, # (2) Certificate of Good Standing - Anna M. Krieger, # (3) Certificate of Good Standing - Kathryn Lesley Rucker) (Sjoberg-Witt, Kerstin)

1 Certificate of Good Standing - Cathy E. Costanzo

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2 Certificate of Good Standing - Anna M. Krieger

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3 Certificate of Good Standing - Kathryn Lesley Rucker

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April 1, 2016 PACER
8

ORDER Granting Plts' Motions [6] & [7] for Leave to Appear Pro Hac Vice of Kristen E. Rau, Cathy E. Costanzo, Anna M. Krieger, and Kathryn Lesley Rucker. Signed by Magistrate Judge Elizabeth Preston Deavers on 4/4/2016. (sln)

April 4, 2016 PACER
9

NOTICE of Appearance by Larry Holliday James for Defendant John Martin (James, Larry)

April 7, 2016 PACER
10

RELATED CASE MEMORANDUM ORDER: The Judges agree that this case and case number 2:89-cv-362 ARE related. Case reassigned to Chief Judge Edmund A. Sargus for all further proceedings. Signed by Judge George C. Smith on 4/11/16. (lvw)

April 11, 2016 PACER
11

WAIVER OF SERVICE Returned Executed. Waiver sent to John Martin on 4/6/2016, answer due 6/6/2016. (Sjoberg-Witt, Kerstin)

April 13, 2016 PACER
12

WAIVER OF SERVICE Returned Executed. Waiver sent to John McCarthy on 4/6/2016, answer due 6/6/2016. (Sjoberg-Witt, Kerstin)

April 13, 2016 PACER
13

WAIVER OF SERVICE Returned Executed. Waiver sent to Kevin Miller on 4/6/2016, answer due 6/6/2016. (Sjoberg-Witt, Kerstin)

April 13, 2016 PACER
14

NOTICE of Appearance by Jeffrey Jarosch for Defendants John McCarthy, Kevin Miller (Jarosch, Jeffrey)

April 25, 2016 PACER
15

NOTICE of Appearance by Allan K Showalter for Defendants John McCarthy, Kevin Miller (Showalter, Allan)

May 2, 2016 PACER
16

MOTION to Dismiss, MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Kevin Miller. Responses due by 6/3/2016 (Jarosch, Jeffrey)

May 9, 2016 RECAP
17

WAIVER OF SERVICE Returned Executed. Waiver sent to John Kasich on 4/15/2016, answer due 6/14/2016. (Sjoberg-Witt, Kerstin)

May 16, 2016 PACER
18

MOTION for Extension of Time New date requested 6/27/2016. by Defendants John Martin and John McCarthy. Responses due by 6/27/2016 (James, Larry) Modified on 5/27/2016 to correct filing parties(agm).

May 26, 2016 PACER
19

RESPONSE to Motion re [18] MOTION for Extension of Time New date requested 6/27/2016. filed by Plaintiffs Phyllis Ball, Antonio Butler, Ross Hamilton, Caryl Mason, Nathan Narowitz, The Ability Center of Greater Toledo, Richard Walters. (Sjoberg-Witt, Kerstin)

May 26, 2016 PACER
20

ORDER granting [18] Motion for Extension of Time to Move or Plead. Signed by Magistrate Judge Elizabeth Preston Deavers on 5/27/2016. (mas)

May 27, 2016 PACER
21

MOTION for Extension of Time to File Response/Reply as to [16] MOTION to Dismiss MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM New date requested 7/27/2016. by Plaintiffs Phyllis Ball, Antonio Butler, Ross Hamilton, Caryl Mason, Nathan Narowitz, The Ability Center of Greater Toledo, Richard Walters. Responses due by 7/27/2016 (Sjoberg-Witt, Kerstin)

May 31, 2016 PACER
22

NOTICE of Appearance by Ryan L. Richardson for Defendant John Kasich (Richardson, Ryan)

June 1, 2016 PACER
23

ORDER granting [21] Motion for Extension of Time to File Response re [16] MOTION to Dismiss MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Responses due by 7/27/2016. Signed by Magistrate Judge Elizabeth Preston Deavers on 6/1/2016. (mas)

June 1, 2016 PACER
24

MOTION for Leave to Appear Pro Hac Vice of Samuel R. Bagenstos (Filing fee $ 200, receipt number 0648-5519338) by Plaintiffs Phyllis Ball, Antonio Butler, Ross Hamilton, Caryl Mason, Nathan Narowitz, The Ability Center of Greater Toledo, Richard Walters. Responses due by 6/27/2016 (Attachments: # (1) Exhibit Certificate of Good Standing Samuel R. Bagenstos) (Sjoberg-Witt, Kerstin)

1 Exhibit Certificate of Good Standing Samuel R. Bagenstos

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June 1, 2016 PACER
25

ORDER Granting [24] Plts' Motion for Leave to Appear Pro Hac Vice of Samuel R. Bagenstos. Signed by Magistrate Judge Elizabeth Preston Deavers on 6/2/2016. (sln)

June 2, 2016 PACER
26

NOTICE of Appearance by Robert Charles Buchbinder for Defendant John Martin (Buchbinder, Robert)

June 21, 2016 PACER
27

MOTION to Dismiss by Defendants John Martin, John McCarthy. Responses due by 7/21/2016 (Attachments: # (1) Exhibit Consent Order, # (2) Exhibit Third Amended Class Action Complaint) (James, Larry)

1 Exhibit Consent Order

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2 Exhibit Third Amended Class Action Complaint

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June 27, 2016 RECAP
28

MOTION to Dismiss for Lack of Jurisdiction and to Dismiss Party by Defendant John Kasich. Responses due by 7/21/2016 (Attachments: # (1) Exhibit A Exeucitve Order2011-02K) (Richardson, Ryan)

1 Exhibit A Exeucitve Order2011-02K

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June 27, 2016 PACER
29

NOTICE of Hearing: Preliminary Pretrial Conference set for 7/28/2016 11:00 AM in Chambers before Magistrate Judge Elizabeth Preston Deavers. (sln)

June 28, 2016 PACER
30

NOTICE of Change in Hearing: Preliminary Pretrial Conference reset for 7/26/2016 02:00 PM in Chambers before Magistrate Judge Elizabeth Preston Deavers. (Previously set for 7/28/2016.) (sln)

June 28, 2016 PACER
31

MOTION to Continue Preliminary Pretrial Conference by Defendants John McCarthy, Kevin Miller. Responses due by 7/22/2016 (Jarosch, Jeffrey)

June 28, 2016 PACER
32

NOTATION ORDER granting [31] Motion to Continue Preliminary Pretrial Conference. The Court will reschedule the conference by separate Order. Signed by Magistrate Judge Elizabeth Preston Deavers on 6/29/2016. (EPD)

June 29, 2016 PACER
33

NOTICE of Hearing: Preliminary Pretrial Conference reset to 8/23/2016 11:00 AM in Chambers before Magistrate Judge Elizabeth Preston Deavers. (sln)

July 4, 2016 PACER
34

RESPONSE in Opposition re [16] MOTION to Dismiss MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, [28] MOTION to Dismiss for Lack of Jurisdiction and to Dismiss Party, [27] MOTION to Dismiss filed by Plaintiffs Phyllis Ball, Antonio Butler, Ross Hamilton, Caryl Mason, Nathan Narowitz, The Ability Center of Greater Toledo, Richard Walters. (Attachments: # (1) Exhibit 1 Transcript of Martin Fairness Hearing, # (2) Exhibit 2 Steward v Abbott Slip Op, # (3) Exhibit 3 Declaration of Sherry Hamilton, # (4) Exhibit 4 Declaration of Jeannine Narowitz) (Sjoberg-Witt, Kerstin)

1 Exhibit 1 Transcript of Martin Fairness Hearing

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2 Exhibit 2 Steward v Abbott Slip Op

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3 Exhibit 3 Declaration of Sherry Hamilton

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4 Exhibit 4 Declaration of Jeannine Narowitz

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July 27, 2016 RECAP
35

MOTION for Extension of Time to File New date requested 8/22/2016. by Defendants John Kasich, John Martin, John McCarthy, Kevin Miller. Responses due by 9/1/2016 (James, Larry)

Aug. 7, 2016 PACER
36

NOTATION ORDER granting [35] Motion for Extension of Time to File Reply. Reply due by 8/22/2016. Signed by Magistrate Judge Elizabeth Preston Deavers on 8/8/2016. (EPD)

Aug. 8, 2016 PACER
37

RULE 26(f) REPORT by Plaintiffs Phyllis Ball, Antonio Butler, Ross Hamilton, Caryl Mason, Nathan Narowitz, The Ability Center of Greater Toledo, Richard Walters. (Attachments: # (1) Exhibit Proposed Schedule) (Sjoberg-Witt, Kerstin)

1 Exhibit Proposed Schedule

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Aug. 12, 2016 PACER
38

MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-5617244) of Kristen A. Knapp by Plaintiffs Phyllis Ball, Antonio Butler, Ross Hamilton, Caryl Mason, Nathan Narowitz, The Ability Center of Greater Toledo, Richard Walters. Responses due by 9/9/2016 (Attachments: # (1) Exhibit Certificate of Good Standing) (Truitt, Kevin)

1 Exhibit Certificate of Good Standing

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Aug. 16, 2016 PACER
39

ORDER Granting [38] Plts' Motion for Leave to Appear Pro Hac Vice of Kristen A. Knapp. Signed by Magistrate Judge Elizabeth Preston Deavers on 8/17/2016. (sln)

Aug. 17, 2016 PACER
40

REPLY to [34] Response to [16] MOTION to Dismiss FOR FAILURE TO STATE A CLAIM filed by Defendant Kevin Miller. (Jarosch, Jeffrey) Modified text and added link on 8/23/2016 (er).

Aug. 22, 2016 PACER
41

NOTICE of Interest re [27] MOTION to Dismiss filed by United States. (Graff, Julia) Modified text on 8/23/2016 (er). Modified text on 8/29/2016 (mas).

Aug. 22, 2016 RECAP
42

MOTION to Certify Class with Memorandum in Support by Plaintiffs Phyllis Ball, Antonio Butler, Ross Hamilton, Caryl Mason, Nathan Narowitz, The Ability Center of Greater Toledo, Richard Walters. Responses due by 9/15/2016 (Attachments: # (1) Exhibit 1 - DODD 2016 Annual Report, # (2) Exhibit 2 - In-Home and Residential Long-Term Supports and Services, # (3) Exhibit 3 - Ohio at a Crossroads, # (4) Exhibit 4 - Index to Residential Facilities Guide, # (5) Exhibit 5 - The Future of the ICF-IID Program, # (6) Exhibit 6 - FY16-17 Budget Senate Testimony Martin, # (7) Exhibit 7 - PowerPoint Presentation John Martin, # (8) Exhibit 8 - Ohio's HCBS Transition Plan, # (9) Exhibit 9 - What Are We Waiting For?, # (10) Exhibit 10 - Enhance Community Developmental Disabilities Services, # (11) Exhibit 11 - Request for Proposals: Targeted Options Counseling for Residents of ICFs, # (12) Exhibit 12 - StateData: The National Report on Employment Services and Outcomes 2014, # (13) Exhibit 13 - Third Quarter Scorecard, # (14) Exhibit 14 - "Scorecard Suggests Progress on Budget Initiatives Has Been Slow", # (15) Exhibit 15 - Year End Scorecard, # (16) Exhibit 16 - Letter from Kate Haller, # (17) Exhibit 17 - Pre-Admissions Counseling, # (18) Exhibit 18 - Employment First Executive Order 2012-05K, # (19) Exhibit 19 - "HCBS Waiver Redesign-Adult Day and Employment Services, # (20) Exhibit 20 - Request for Proposals: ICF Employment Pilots, # (21) Exhibit 21 - Vocational Rehabilitation Case Closure, # (22) Exhibit 22 - OOD Case Closure Form, # (23) Exhibit 23 - List of ADA Class Action Cases, # (24) Exhibit 24 - AR v Dudek Slip Opinion, # (25) Exhibit 25 - Hampe v Hamos Slip Opinion, # (26) Exhibit 26 - Declaration of Kevin Truitt) (Sjoberg-Witt, Kerstin)

1 Exhibit 1 - DODD 2016 Annual Report

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2 Exhibit 2 - In-Home and Residential Long-Term Supports and Services

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3 Exhibit 3 - Ohio at a Crossroads

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4 Exhibit 4 - Index to Residential Facilities Guide

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5 Exhibit 5 - The Future of the ICF-IID Program

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6 Exhibit 6 - FY16-17 Budget Senate Testimony Martin

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7 Exhibit 7 - PowerPoint Presentation John Martin

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8 Exhibit 8 - Ohio's HCBS Transition Plan

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9 Exhibit 9 - What Are We Waiting For?

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10 Exhibit 10 - Enhance Community Developmental Disabilities Services

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11 Exhibit 11 - Request for Proposals: Targeted Options Counseling for Residents o

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12 Exhibit 12 - StateData: The National Report on Employment Services and Outcomes

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13 Exhibit 13 - Third Quarter Scorecard

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14 Exhibit 14 - "Scorecard Suggests Progress on Budget Initiatives Has Been Sl

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15 Exhibit 15 - Year End Scorecard

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16 Exhibit 16 - Letter from Kate Haller

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17 Exhibit 17 - Pre-Admissions Counseling

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18 Exhibit 18 - Employment First Executive Order 2012-05K

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19 Exhibit 19 - "HCBS Waiver Redesign-Adult Day and Employment Services

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20 Exhibit 20 - Request for Proposals: ICF Employment Pilots

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21 Exhibit 21 - Vocational Rehabilitation Case Closure

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22 Exhibit 22 - OOD Case Closure Form

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23 Exhibit 23 - List of ADA Class Action Cases

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24 Exhibit 24 - AR v Dudek Slip Opinion

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25 Exhibit 25 - Hampe v Hamos Slip Opinion

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26 Exhibit 26 - Declaration of Kevin Truitt

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Aug. 22, 2016 PACER
43

REPLY to [34] Response to [27] MOTION to Dismiss filed by Defendants John Martin, John McCarthy. (James, Larry) Modified text and added link on 8/23/2016 (er).

Aug. 22, 2016 PACER
44

REPLY to [34] Response to [28] MOTION to Dismiss for Lack of Jurisdiction and to Dismiss Party filed by Defendant John Kasich. (Richardson, Ryan) Modified text and added link on 8/23/2016 (er).

Aug. 22, 2016 PACER
45

PRELIMINARY PRETRIAL ORDER. Defendants may file a response to the arguments in the Notice on or before SEPTEMBER 13, 2016. Plaintiffs may file their response to the Notice and Defendants response on or before SEPTEMBER 27, 2016. The Court will reconvene the parties in approximately six (6) weeks to discuss scheduling. Signed by Magistrate Judge Elizabeth Preston Deavers on 8/29/2016. (mas)

Aug. 29, 2016 PACER
46

NOTICE of Hearing: Pretrial Conference set for 10/11/2016 at 10:00 AM before Magistrate Judge Elizabeth Preston Deavers. (mas)

Aug. 30, 2016 PACER
47

RE-NOTICE of Hearing: Telephonic Pretrial Conference set for 10/11/2016 at 10:00 AM before Magistrate Judge Elizabeth Preston Deavers. (mas)

Sept. 7, 2016 PACER
48

NOTICE of Hearing: Telephone Conference set for 9/13/2016 at 04:00 PM in before Magistrate Judge Elizabeth Preston Deavers. (pes)

Sept. 12, 2016 PACER
49

Supplemental Memorandum Supporting re [27] MOTION to Dismiss in Response to [41] "Statement of Interest of the United States of America" filed by Defendants John Martin, John McCarthy. (Jarosch, Jeffrey) Modified text to add link on 9/14/2016 (agm).

Sept. 13, 2016 PACER
50

ORDER memorializing the 9/13/16 Telephonic Status Conference. Signed by Magistrate Judge Elizabeth Preston Deavers on 9/13/16. (sem)

Sept. 13, 2016 PACER
51

Supplemental Memorandum Supporting re [37] Rule 26(f) Report by Plaintiffs Phyllis Ball, Antonio Butler, Ross Hamilton, Caryl Mason, Nathan Narowitz, The Ability Center of Greater Toledo, Richard Walters. (Sjoberg-Witt, Kerstin)

Sept. 20, 2016 PACER
52

ORDER issued regarding discovery and setting the due date of 1/31/17 for Plaintiffs' Amended Motion for Class Certification. Signed by Magistrate Judge Elizabeth Preston Deavers on 9/21/16. (sem)

Sept. 21, 2016 PACER
53

Unopposed MOTION to Amend/Correct [42] MOTION to Certify Class with Memorandum in Support by Plaintiffs Phyllis Ball, Antonio Butler, Ross Hamilton, Caryl Mason, Nathan Narowitz, The Ability Center of Greater Toledo, Richard Walters. Responses due by 10/17/2016 (Attachments: # (1) Exhibit Exhibit 1 - Replacement for Doc 42-13) (Sjoberg-Witt, Kerstin)

1 Exhibit Exhibit 1 - Replacement for Doc 42-13

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Sept. 23, 2016 PACER
54

ORDER granting [53] Motion to Amend/Correct Filing. Signed by Magistrate Judge Elizabeth Preston Deavers on 9/26/2016. (mas)

Sept. 26, 2016 PACER
55

EXHIBIT 13 to [42] MOTION to Certify Class with Memorandum in Support. (mas)

Sept. 26, 2016 PACER
56

Reply re [49] Supplemental - Supporting, Response of Defendants Martin and McCarthy by Plaintiffs Phyllis Ball, Antonio Butler, Ross Hamilton, Caryl Mason, Nathan Narowitz, The Ability Center of Greater Toledo, Richard Walters. (Attachments: # (1) Exhibit Exhibit A - Second Declaration of Jeannine Narowitz) (Sjoberg-Witt, Kerstin)

1 Exhibit Exhibit A - Second Declaration of Jeannine Narowitz

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Sept. 27, 2016 PACER
90

OPINION AND ORDER denying 16 Defendant Kevin Miller's Motion to Dismiss; granting in part and denying in part 28 Defendant John Kasich's Motion to Dismiss; and denying 27 Defendants John McCarthy's and John Martin's Motion to Dismiss. Signed by Chief Judge Edmund A. Sargus on 03/23/2017. (dh1)

March 23, 2017 RECAP
91

OPINION AND ORDER granting 42 Plaintiff's unopposed Motion for Class Certification pursuant to Federal Rule of Civil Procedure 23(a) and 23(b)(2). The Court designates Disability Rights Ohio, Sidley Austin, LLP, Samuel Bagenstos, and the Center for Public Representation as co-class counsel. Signed by Chief Judge Edmund A. Sargus on 03/27/17. (dh1)

March 27, 2017 RECAP
98

ORDER granting 92 Defendants' Motion to Expedite Reconsideration of the Court's Opinion on Plaintiff's Motion for Class Certification. The Court's Opinion and Order granting Plaintiffs' Motion for Class Certification 91 is vacated. Upon completion of the briefing schedule set by Magistrate Judge Deavers on 04/07/17, the Court will reconsider Plaintiffs' currently pending Motion for Class Certification 42 . Signed by Chief Judge Edmund A. Sargus on 04/12/2017. (dh1)

April 12, 2017 RECAP
132

ORDER granting 82 Motion to Quash Subpoena and hereby SQUASHES the subpoena issued on behalf of DODD to obtain the medical records of putative class member Nathan Narowitz. Signed by Chief Judge Edmund A. Sargus on 5/10/2017. (mas)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)

May 11, 2017 RECAP
271

OPINION AND ORDER granting 270 Defendants' and Plaintiffs' Joint Motion for Leave, Instanter, to File Brief with Redactions and Deposition Transcripts Under Seal. Defendants may file the redacted portions of the exhibits and deposition transcripts with their Memorandum in Opposition to Plaintiffs' Motion for Class Certification. The Clerk is directed to permit Defendants to file the un-redacted exhibits and deposition transcripts under seal. Signed by Chief Judge Edmund A. Sargus on 08/17/2017. (dh1)

Aug. 17, 2017 RECAP
282

OPINION AND ORDER granting 276 Plaintiffs' Motion to Include Supplemental Evidence and a Revised, Proposed Class Definition in Reply in Further Support of Plaintiffs' Motion for Class Certification. Signed by Chief Judge Edmund A. Sargus on 09/19/2017. (dh1)

Sept. 20, 2017 RECAP
303

ORDER granting in part and denying in part 42 Motion to Certify Class. Signed by Chief Judge Edmund A. Sargus on 3/30/2018. (mas)

March 30, 2018 RECAP
310

Miscellaneous Relief

1 Exhibit Exhibit A

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2 Exhibit Exhibit B

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May 18, 2018 PACER
311

Response in Opposition to Motion

May 22, 2018 PACER
312

Withdraw as Attorney

May 25, 2018 PACER
313

Reply to Response to Motion

May 25, 2018 PACER
314

Order

May 29, 2018 PACER
315

ORDER denying 310 Expedited Motion of Amicus Curie Ohio Provider Resource Association ("OPRA") to Participate in Settlement participate in settlement. The Court DENIES OPRA's request to participate in the settlement negotiations. Signed by Chief Judge Edmund A. Sargus on 5/29/2018. (cmw)

May 29, 2018 RECAP
316

Notice (Other)

May 29, 2018 PACER
317

Transcript

June 8, 2018 PACER
318

Notice of Hearing

July 9, 2018 PACER
319

Notice of Hearing

July 24, 2018 PACER
320

Notice of Appearance

July 31, 2018 PACER
321

Order

Aug. 3, 2018 PACER
322

Scheduling Order

1 Attachment

View on PACER

Aug. 15, 2018 PACER
323

Transcript

Aug. 17, 2018 PACER
324

Order

Aug. 29, 2018 PACER
325

Miscellaneous Relief

Sept. 14, 2018 PACER
326

Crossclaim

Sept. 15, 2018 PACER
327

Request for Issuance of Summons

Sept. 15, 2018 PACER
328

Request for Issuance of Summons

Sept. 15, 2018 PACER
329

Request for Issuance of Summons

Sept. 17, 2018 PACER
330

Summons Issued

Sept. 20, 2018 PACER
331

Extension of Time to File Answer

1 Text of Proposed Order

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Sept. 25, 2018 PACER
332

ORDER - Memorializing Clarification of Class Definition. Signed by Chief Judge Edmund A. Sargus on 9/25/2018. (plb)

Sept. 25, 2018 RECAP
333

Order on Motion for Extension of Time to Answer

Sept. 26, 2018 PACER
334

Notice of Hearing

Sept. 28, 2018 PACER
335

Mail Returned

Oct. 2, 2018 PACER
336

Extension of Time to File Answer

1 Text of Proposed Order

View on PACER

Oct. 3, 2018 PACER
337

Order

Oct. 3, 2018 PACER
338

Order

Oct. 3, 2018 PACER
339

Order on Motion for Extension of Time to Answer

Oct. 4, 2018 PACER
340

Mail Returned

Oct. 5, 2018 PACER
341

Mail Returned

Oct. 5, 2018 PACER
342

Notice of Appearance

Oct. 8, 2018 PACER
343

Stipulation

Oct. 8, 2018 PACER
344

Reconsideration

Oct. 9, 2018 PACER
345

Compel

1 Exhibit A - Second Request for Production of Documents to DODD

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2 Exhibit B - Second Set of Interrogatories to DODD

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Oct. 9, 2018 PACER
346

Notice of Appearance

Oct. 15, 2018 PACER

State / Territory: Ohio

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Olmstead Cases

Key Dates

Filing Date: March 31, 2016

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Individuals with intellectual and developmental disabilities, representing a class defined as follows (as revised by the court): "All Medicaid-eligible adults with intellectual and developmental disabilities residing in the state of Ohio who, on or after March 31, 2016, are qualified for home and community-based services, and, after receiving options counseling, express that they are interested in community-based services."

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

NDRN/Protection & Advocacy Organizations

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

The State of Ohio, State

Ohio Department of Developmental Disabilities, State

Ohio Department of Medicaid, State

Opportunities for Ohioans with Disabilities, State

Defendant Type(s):

Hospital/Health Department

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

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

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 2020 - 2023

Content of Injunction:

Reasonable Accommodation

Discrimination Prohibition

Issues

General:

Access to public accommodations - governmental

Confinement/isolation

Deinstitutionalization/decarceration

Failure to train

Individualized planning

Parents (visitation, involvement)

Placement in mental health facilities

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

Reasonable Accommodations

Rehabilitation

Discrimination-area:

Accommodation / Leave

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

Integrated setting

Least restrictive environment

Mental impairment

Mental Disability:

Intellectual/developmental disability, unspecified

Medical/Mental Health:

Intellectual/Developmental Disability

Type of Facility:

Government-run

Benefit Source:

Medicaid