Case: G.G. v. Hickenlooper

1:16-cv-00428 | U.S. District Court for the District of Colorado

Filed Date: Feb. 22, 2016

Closed Date: 2016

Clearinghouse coding complete

Case Summary

On February 22, 2016, individuals with mental illness and/or in need of addiction and substance abuse services who were exiting jails, prisons, nursing homes, mental health institutes, or who were currently homeless, filed this class-action complaint in the United States District Court for the District of Colorado. The plaintiffs sued the State of Colorado, the Colorado Department of Healthcare Policy and Financing, the Colorado Department of Local Affairs, and the Colorado Department of Human …

On February 22, 2016, individuals with mental illness and/or in need of addiction and substance abuse services who were exiting jails, prisons, nursing homes, mental health institutes, or who were currently homeless, filed this class-action complaint in the United States District Court for the District of Colorado. The plaintiffs sued the State of Colorado, the Colorado Department of Healthcare Policy and Financing, the Colorado Department of Local Affairs, and the Colorado Department of Human Services, seeking declaratory and injunctive relief. They brought claims under the Americans with Disabilities Act, the Rehabilitation Act, and Title XIX of the Social Security Act. The plaintiffs, represented by The Orchid Mental Health Legal Advocacy of Colorado, sought a permanent injunction to require defendants to ensure housing, treatment and other services be brought to scale to meet the needs of the class.

Specifically, the plaintiffs asserted that class members were forced to wait when seeking housing or treatment, or didn’t receive these services at all.

The plaintiffs sought to represent three sub-classes:

a) Adults with have “mental illness” who met the level of care for Colorado Medicaid Long Term Care Home and Community Based Services;

b) Adult patients at Colorado’s Mental Health Institutes who were soon to be released from the Colorado Mental Institutes and were in need of discharge planning; and

c) Adults who were institutionalized or at risk of institutionalization, including those who were homeless or in need of addiction care.

On June 15, 2016 the defendants filed an unopposed motion to Stay discovery and initial disclosures. Defendants expressed their concern that the Plaintiffs’ complaint was so vague and ambiguous that the Defendants could not reasonably be required to frame a responsive pleading.

On July 31, 2016, the plaintiffs moved to voluntarily dismissed the case against the plaintiffs. The case is now closed.

Summary Authors

Victoria Harp (10/25/2017)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5589879/parties/gg-v-hickenlooper/


Judge(s)

Krieger, Marcia S. (Colorado)

Mix, Kristen L. (Colorado)

Attorneys(s) for Plaintiff

Corzine, Valerie L. (Colorado)

Attorneys(s) for Defendant

Icenogle, Anita Marie (Colorado)

Kuhn, W. Eric (Colorado)

McMaster, Michael D. (Colorado)

Pierce, Justine Marie (Colorado)

Judge(s)

Krieger, Marcia S. (Colorado)

Mix, Kristen L. (Colorado)

Attorneys(s) for Plaintiff

Corzine, Valerie L. (Colorado)

Attorneys(s) for Defendant

Icenogle, Anita Marie (Colorado)

Kuhn, W. Eric (Colorado)

McMaster, Michael D. (Colorado)

Pierce, Justine Marie (Colorado)

Documents in the Clearinghouse

Document

Docket [PACER]

Aug. 1, 2016 Docket
1

Complaint

G.G. v. Hickenhooper

Feb. 22, 2016 Complaint

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5589879/gg-v-hickenlooper/

Last updated May 20, 2022, 4:18 a.m.

ECF Number Description Date Link
1

COMPLAINT for Declaratory and Injunctive Relief against All Defendants Attorney Valerie Lynn Corzine added to party Colorado Department of Health Care Policy and Financing(pty:dft), Attorney Valerie Lynn Corzine added to party Colorado Department of Local Affairs(pty:dft), Attorney Valerie Lynn Corzine added to party State of Colorado Governor(pty:dft), Attorney Valerie Lynn Corzine added to party State of Colorado, Department of Human Services(pty:dft), filed by State of Colorado Governor, Colorado Department of Local Affairs, Colorado Department of Health Care Policy and Financing, State of Colorado, Department of Human Services. (Attachments: # 1 Civil Cover Sheet)(Corzine, Valerie) (Entered: 02/22/2016)

Feb. 22, 2016
7

ORDER SETTING SCHEDULING/PLANNING CONFERENCE by Magistrate Judge Kristen L. Mix on 3/1/16. Scheduling Conference set for 7/5/2016 10:00 AM in Courtroom A401 before Magistrate Judge Kristen L. Mix. (Attachments: # 1 Attachment 1, # 2 Attachment 2, # 3 Attachment 3) (lgale, )

1 Attachment 1

View on PACER

2 Attachment 2

View on PACER

3 Attachment 3

View on PACER

March 1, 2016 RECAP
2

MOTION for Judgment Debtor Exam , MOTION for Judgment NOV , MOTION for Leave to Restrict, MOTION to Produce , MOTION for Protective Order , ***MOTION re 1 Complaint,, by Plaintiff G. G.. (Corzine, Valerie) Modified on 6/20/2016 to remove restriction, pursuant to minute order 19 . (morti, ). (Entered: 02/22/2016)

Feb. 22, 2016
3

Case assigned to Chief Judge Marcia S. Krieger and drawn to Magistrate Judge Kristen L. Mix. Text Only Entry (dbera, ) (Entered: 02/23/2016)

Feb. 22, 2016
4

Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (dbera, ) (Entered: 02/23/2016)

Feb. 23, 2016
5

ORDER REFERRING CASE to Magistrate Judge Kristen L. Mix: IT IS ORDERED that pursuant to 28 U.S.C. § 636(b)(1)(A) and (B) and Fed. R. Civ. P. 72(a) and (b), this matter is referred to the assigned United States Magistrate Judge to:(1)Convene a scheduling conference under Fed. R. Civ. P. 16(b), enter a Scheduling Order meeting the requirements of D.C.COLO.LCivR 16.2, enter such orders as appropriate to enforce the Scheduling Order, and resolve discovery matters;(2)ADR: Court sponsored alternative dispute resolution is governed by D.C.COLO.LCivR 16.6. On the recommendation or informal request of the magistrate judge or on the request of the parties by motion, the Court may direct the parties to engage in an early neutral evaluation, a settlement conference, or another alternative dispute resolution proceeding;(3)Hear and determine referred matters in accordance with 28 U.S.C. § 636(b)(1)(A) and (B). by Chief Judge Marcia S. Krieger on 2/29/16. Text Only Entry (msksec, ) (Entered: 02/29/2016)

Feb. 29, 2016
6

MEMORANDUM regarding [#2]Motions referred to Magistrate Judge Kristen L. Mix by Chief Judge Marcia S. Krieger on 2/29/16. Text Only Entry (msksec, ) (Entered: 02/29/2016)

Feb. 29, 2016
8

ORDER REGARDING CUSTODY OF EXHIBITS AND DEPOSITIONS USED IN EVIDENTIARY HEARINGS AND TRIALS: Any exhibits and depositions used during evidentiary hearings or trials, counsel for the parties shall retrieve the originals of such exhibits and depositions from the Court following the evidentiary hearing or trial, and shall retain same for 60 days beyond the later of the time to appeal or conclusion of any appellate proceedings. The Court will retain its copy of the exhibits for the same time period after which the documents will be destroyed. by Chief Judge Marcia S. Krieger on 3/1/16. Text Only Entry (pglov) (Entered: 03/01/2016)

March 1, 2016
9

NOTICE of Entry of Appearance by Michael D. McMaster on behalf of Gretchen HammerAttorney Michael D. McMaster added to party Gretchen Hammer(pty:dft) (McMaster, Michael) (Entered: 06/14/2016)

June 14, 2016
10

MOTION to Substitute Party Identity of Defendant by Defendant Gretchen Hammer. (Attachments: # 1 Proposed Order (PDF Only))(McMaster, Michael) (Entered: 06/14/2016)

June 14, 2016
11

MEMORANDUM regarding 10 MOTION to Substitute Party Identity of Defendant filed by Gretchen Hammer. Motions referred to Magistrate Judge Kristen L. Mix by Chief Judge Marcia S. Krieger on 6/14/16. Text Only Entry (msksec, ) (Entered: 06/14/2016)

June 14, 2016
12

NOTICE of Entry of Appearance by Justine Marie Pierce on behalf of Gretchen HammerAttorney Justine Marie Pierce added to party Gretchen Hammer(pty:dft) (Pierce, Justine) (Entered: 06/14/2016)

June 14, 2016
13

NOTICE of Entry of Appearance by W. Eric Kuhn on behalf of Irv Halter, John HickenlooperAttorney W. Eric Kuhn added to party Irv Halter(pty:dft), Attorney W. Eric Kuhn added to party John Hickenlooper(pty:dft) (Kuhn, W.) (Entered: 06/14/2016)

June 14, 2016
14

NOTICE of Entry of Appearance of Counsel by Anita Marie Icenogle on behalf of Reggie Bicha, Irv Halter, Gretchen Hammer, John HickenlooperAttorney Anita Marie Icenogle added to party Reggie Bicha(pty:dft), Attorney Anita Marie Icenogle added to party Irv Halter(pty:dft), Attorney Anita Marie Icenogle added to party Gretchen Hammer(pty:dft), Attorney Anita Marie Icenogle added to party John Hickenlooper(pty:dft) (Icenogle, Anita) (Entered: 06/15/2016)

June 15, 2016
15

NOTICE re 14 Notice of Entry of Appearance, Notice of Errata Regarding Entry of Appearance of Counsel by Defendant Reggie Bicha (Attachments: # 1 Exhibit A)(Icenogle, Anita) (Entered: 06/15/2016)

June 15, 2016
16

Unopposed MOTION to Stay Discovery and Initial Disclosures by Defendants Reggie Bicha, Irv Halter, Gretchen Hammer, John Hickenlooper. (Attachments: # 1 Proposed Order (PDF Only))(Kuhn, W.) (Entered: 06/15/2016)

June 15, 2016
17

MEMORANDUM regarding 16 Unopposed MOTION to Stay Discovery and Initial Disclosures filed by Reggie Bicha, Gretchen Hammer, John Hickenlooper, Irv Halter. Motions referred to Magistrate Judge Kristen L. Mix by Chief Judge Marcia S. Krieger on 6/16/16. Text Only Entry (msksec, ) (Entered: 06/16/2016)

June 16, 2016
18

MINUTE ORDER by Magistrate Judge Kristen L. Mix on 6/16/16 GRANTING 10 Motion to Substitute Party. Susan E. Birch added. Gretchen Hammer (in her official capacity as Executive Director of the Colorado Department of Healthcare Policy and Financing) terminated; DENYING 16 Motion to Stay. ORDERED that Defendants shall respond to the Motion to Use Initials [#2] no later than June 30, 2016, either stating that they are unopposed to the motion or stating their grounds for opposition. IT IS FURTHER ORDERED that the parties shall submit their proposed scheduling order pursuant to the District of Colorado Electronic Case Filing (ECF) Procedures. The parties shall submit the proposed scheduling order no later than August 3, 2016. IT IS FURTHER ORDERED that initial disclosures are due by July 20, 2016.Discovery requests may be exchanged by the parties no earlier than July 20, 2016. IT IS FURTHER ORDERED that waivers or proofs of service on Defendants shall be filed no later than June 23, 2016. Scheduling Conference is re−set from 7/5/16 at 10:00 AM to 8/10/2016 10:30 AM in Courtroom A 401 before Magistrate Judge Kristen L. Mix.(nmarb, ) (Entered: 06/17/2016)

June 17, 2016
19

MINUTE ORDER; This matter is before the Court on Plaintiffs Unopposed Motion to Use Initials in Court Filings &Submit Reference List Under Seal to Court &State Pursuant to F.R.C.P. 5.2 2 . IT IS HEREBY ORDERED that Clerk of Court shall remove the Motions Court Only designation, thereby allowing access to the document by all counsel, all parties, and the public, by Magistrate Judge Kristen L. Mix on 6/17/16. (morti, ) (Entered: 06/20/2016)

June 17, 2016
20

First MOTION to Continue by Plaintiffs A.K., E.A.C.W., E.V., F.P., G. G., G.C., T.M.. (Corzine, Valerie) (Entered: 06/23/2016)

June 23, 2016
21

ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: re: 20 First MOTION to Continue filed by attorney Valerie Lynn Corzine. The format for the attorneys signature block is not correct. DO NOT REFILE THE DOCUMENT. Action to take − future documents must be filed pursuant to D.C.COLO.LCivR 5.1(a) and 4.3(d) of the Electronic Case Filing Procedures (Civil Cases). (Text Only Entry) (dkals, ) (Entered: 06/24/2016)

June 24, 2016
22

MEMORANDUM regarding 20 First MOTION to Continue filed by F.P., T.M., E.V., G.C., E.A.C.W., G. G., A.K. Motions referred to Magistrate Judge Kristen L. Mix by Chief Judge Marcia S. Krieger on 6/24/16. Text Only Entry (msksec, ) (Entered: 06/24/2016)

June 24, 2016
23

MINUTE ORDER by Magistrate Judge Kristen L. Mix on 6/28/16. Unopposed Motion to Continue the July 5, 2016 Scheduling Conference and Plaintiffs' Clarification of Defendants' Unopposed Motion to Stay Discovery and Initial Disclosures 20 is DENIED AS MOOT.(lgale, ) (Entered: 06/28/2016)

June 28, 2016
24

RESPONSE to Motion to Use Initials Attorney Michael D. McMaster added to party Reggie Bicha(pty:dft), Attorney Michael D. McMaster added to party Susan E. Birch(pty:dft), Attorney Michael D. McMaster added to party Irv Halter(pty:dft), Attorney Michael D. McMaster added to party John Hickenlooper(pty:dft) filed by Defendants Reggie Bicha, Susan E. Birch, Irv Halter, John Hickenlooper. (McMaster, Michael) (Entered: 06/29/2016)

June 29, 2016
25

NOTICE re 24 Response to Motion, Notice of Errata by Defendant Susan E. Birch (McMaster, Michael) (Entered: 07/01/2016)

July 1, 2016
26

Unopposed MOTION to Withdraw as Attorney by Defendant Susan E. Birch. (Attachments: # 1 Proposed Order (PDF Only))(McMaster, Michael) (Entered: 07/26/2016)

July 26, 2016
27

MEMORANDUM regarding 26 Unopposed MOTION to Withdraw as Attorney filed by Susan E. Birch. Motions referred to Magistrate Judge Kristen L. Mix by Chief Judge Marcia S. Krieger on 7/26/16. Text Only Entry (msksec, ) (Entered: 07/26/2016)

July 26, 2016
28

NOTICE of Voluntary Dismissal of Case by Plaintiffs A.K., E.A.C.W., E.V., F.P., G. G., G.C., T.M. (Corzine, Valerie) (Entered: 07/31/2016)

July 31, 2016
29

Civil Case Terminated pursuant to the notice of dismissal filed in this case on 7/31/16. Text Only Entry (dkals, ) (Entered: 08/01/2016)

Aug. 1, 2016

State / Territory: Colorado

Case Type(s):

Criminal Justice (Other)

Special Collection(s):

Olmstead Cases

Key Dates

Filing Date: Feb. 22, 2016

Closing Date: 2016

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiffs are individuals with Mental Illness and/or in need of Addiction Care/Substance Use Services coming out of jails, prisons, nursing homes, mental health institutes or currently homeless.

Plaintiff Type(s):

Non-profit NON-religious organization

Attorney Organizations:

Legal Services/Legal Aid

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

The Colorado Department of Healthcare Policy and Financing (Denver), State

The Colorado Department of Human Services (Denver), State

The Colorado Department of Local Affairs (Denver), State

The State of Colorado (Denver), State

Defendant Type(s):

Hospital/Health Department

Housing Authority

Jurisdiction-wide

Case Details

Causes of Action:

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

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

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

Constitutional Clause(s):

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None

Source of Relief:

None

Form of Settlement:

Voluntary Dismissal

Issues

General:

Access to public accommodations - governmental

Classification / placement

Discharge & termination plans

Emergency shelter

Government Services

Housing

Housing assistance

Individualized planning

Placement in mental health facilities

Poverty/homelessness

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

Rehabilitation

Wait lists

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

Mental impairment

Mental Disability:

Mental Illness, Unspecified

Medical/Mental Health:

Mental health care, general

Type of Facility:

Government-run

Benefit Source:

Medicaid