Case: Smith v. Department of Public Welfare of the Commonwealth of Pennsylvania

2:13-cv-05670 | U.S. District Court for the Eastern District of Pennsylvania

Filed Date: Sept. 27, 2013

Closed Date: June 11, 2015

Clearinghouse coding complete

Case Summary

Plaintiff, a man with cerebral palsy, filed this class-action lawsuit against the Department of Public Welfare of the Commonwealth of Pennsylvania (DPW) in the U.S. District Court for the Eastern District of Pennsylvania on September 27, 2013. As a person with a physical disability, plaintiff was eligible for in-home services under the State's Act 150 Program, a program aimed at allowing individuals with disabilities to live as independently as possible in their communities. However, plaintiff …

Plaintiff, a man with cerebral palsy, filed this class-action lawsuit against the Department of Public Welfare of the Commonwealth of Pennsylvania (DPW) in the U.S. District Court for the Eastern District of Pennsylvania on September 27, 2013. As a person with a physical disability, plaintiff was eligible for in-home services under the State's Act 150 Program, a program aimed at allowing individuals with disabilities to live as independently as possible in their communities. However, plaintiff alleged that because the Program had at least a two-year-long waiting list, he was unable to receive services and was therefore forced to reside in a nursing home. Plaintiff claimed that defendants' failure to provide him and other similarly-situated persons with in-home care services resulted in unnecessary institutionalization in violation of Title II of the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act. Represented by the Disability Rights Network of PA and the Public Interest Law Center of Philadelphia, plaintiff sought class certification and declaratory and injunctive relief.

On October 3, 2013, plaintiff filed a motion for a preliminary injunction which, if granted, would require defendants to provide him with appropriate community-based attendant care services and allow him to leave the nursing home where he had resided for over two years.

On October 9, an Amended Complaint was filed to include a second named plaintiff. The second plaintiff, Ms. Smith, a woman with multiple sclerosis, was also on the waiting list for Act 150 services and, while she was able to remain in her own home under the care of her teenage daughter, anticipated being forced to move into a nursing home once her daughter left for college unless she received in-home care. On October 24, the original plaintiff removed himself as a party and the case continued with one named plaintiff, Ms. Smith.

On October 30, plaintiff moved to certify a class defined as "all Pennsylvanians who are or will be placed on the waiting list for the Act 150 Program."

The parties began discovery in November of 2013. Both plaintiffs and defendants filed motions for summary judgment on April 11 and May 9, 2014, respectively. DPW argued that any change in the way it provided its services would constitute a fundamental alteration its state programs and would impermissibly interfere with its discretion to administer Medicaid services.

Before any motions were decided, on June 12, the U.S. Department of Justice submitted a statement of interest. The DOJ asserted that because the ADA requires states to avoid unnecessary institutionalization, including where a reasonable accommodation is available to avoid said institutionalization, if the court found that a plausible accommodation was available that would allow plaintiffs to avoid living in a segregated setting, DPW would have the burden of showing that providing that accommodation would constitute a fundamental alteration of its programming. The DOJ also pointed out that several other courts had found that changing the location of services provided from an institutional setting to a community setting was not in itself a fundamental alteration.

After several months of conferring, the parties submitted a voluntary stipulation of dismissal on June 11, 2015. While it is probable that the parties reached a private settlement agreement, no information on any agreement is available. The case is now closed.

Summary Authors

Lauren Latterell Powell (1/7/2018)

People


Judge(s)

Brody, Anita Blumstein (Pennsylvania)

Attorneys(s) for Plaintiff

Darr, Kelly L. (Pennsylvania)

Fox, Deena (District of Columbia)

Gold, Stephen F. (Pennsylvania)

Haubert, Dynah E. (Pennsylvania)

Hill, Eve L. (District of Columbia)

Resnick, Robin (Pennsylvania)

Rogers, Joshua L (District of Columbia)

Samuels, Jocelyn (District of Columbia)

Smith, Jonathan Mark (District of Columbia)

Judge(s)

Brody, Anita Blumstein (Pennsylvania)

Attorneys(s) for Plaintiff

Darr, Kelly L. (Pennsylvania)

Fox, Deena (District of Columbia)

Gold, Stephen F. (Pennsylvania)

Haubert, Dynah E. (Pennsylvania)

Hill, Eve L. (District of Columbia)

Resnick, Robin (Pennsylvania)

Rogers, Joshua L (District of Columbia)

Samuels, Jocelyn (District of Columbia)

Smith, Jonathan Mark (District of Columbia)

Tayloe, Benjamin O. (District of Columbia)

Attorneys(s) for Defendant

Cirillo, Gregory F. (Pennsylvania)

Higson, John J. (Pennsylvania)

Wolson, Joshua David (Pennsylvania)

Documents in the Clearinghouse

Document

2:13-cv-05670

Docket [PACER]

June 11, 2015

June 11, 2015

Docket
1

2:13-cv-05670

Complaint

Gleason v. Department of Public Welfare of the Commonwealth of Pennsylvania

Sept. 27, 2013

Sept. 27, 2013

Complaint
11

2:13-cv-05670

Second Amended Complaint

Oct. 28, 2013

Oct. 28, 2013

Complaint
37

2:13-cv-05670

Motion for Partial Summary Judgment

March 19, 2014

March 19, 2014

Pleading / Motion / Brief
59

2:13-cv-05670

Statement of Interest of The United States of America

Smith v. Department of Public Welfare of the Commonwealth of Pennsylvania; Beverly Mackereth

June 12, 2014

June 12, 2014

Pleading / Motion / Brief
80

2:13-cv-05670

Stipulation of Voluntary Dismissal

Smith v. Department of Human Services of the Commonwealth of Pennsylvania

June 11, 2015

June 11, 2015

Pleading / Motion / Brief

Resources

Docket

Last updated July 24, 2022, 3:03 a.m.

ECF Number Description Date Link Date / Link

2 Summonses Issued as to DEPARTMENT OF PUBLIC WELFARE OF THE COMMONWEALTH OF PENNSYLVANIA, BEVERLY MACKERETH. Forwarded To: COUNSEL on 9/27/13 (ks, ) (Entered: 09/27/2013)

Sept. 27, 2013

Sept. 27, 2013

2

MOTION for Preliminary Injunction filed by JOSEPH GLEASON.Memorandum of Law and Certificate of Service. (Attachments: # 1 Request for Hearing and Argument, # 2 Text of Proposed Order, # 3 Exhibits A through H, # 4 Exhibits I through L, # 5 Exhibits M & N)(RESNICK, ROBIN) (Entered: 10/03/2013)

Oct. 3, 2013

Oct. 3, 2013

3

ORDER that A CONFERENCE REGARDING PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION (DOC. #2) WILL BE HELD ON TUESDAY, OCTOBER 8, 2013 AT 2:00 P.M.. THE CONFERENCE WILL BE HELDIN CHAMBERS, ROOM 7613 ON THE 7TH FLOOR OF THE U.S. COURTHOUSE, 601 MARKET ST., PHILADELPHIA, PA.. SIGNED BY HONORABLE ANITA B. BRODY ON 10/4/2013. 10/4/2013 ENTERED AND COPIES VIA ECF.(mo, ) (Entered: 10/04/2013)

Oct. 4, 2013

Oct. 4, 2013

4

NOTICE of Appearance by JOHN J. HIGSON on behalf of DEPARTMENT OF PUBLIC WELFARE OF THE COMMONWEALTH OF PENNSYLVANIA, BEVERLY MACKERETH with Certificate of Service(HIGSON, JOHN) (Entered: 10/08/2013)

Oct. 8, 2013

Oct. 8, 2013

5

NOTICE of Appearance by JOSHUA D. WOLSON on behalf of DEPARTMENT OF PUBLIC WELFARE OF THE COMMONWEALTH OF PENNSYLVANIA, BEVERLY MACKERETH with Certificate of Service(WOLSON, JOSHUA) (Entered: 10/08/2013)

Oct. 8, 2013

Oct. 8, 2013

6

NOTICE of Appearance by GREGORY F. CIRILLO on behalf of DEPARTMENT OF PUBLIC WELFARE OF THE COMMONWEALTH OF PENNSYLVANIA, BEVERLY MACKERETH with Certificate of Service(CIRILLO, GREGORY) (Entered: 10/08/2013)

Oct. 8, 2013

Oct. 8, 2013

7

Minute Entry for proceedings held before HONORABLE ANITA B. BRODY: Chambers Conference held on 10/8/13. (fdc) (Entered: 10/08/2013)

Oct. 8, 2013

Oct. 8, 2013

8

ORDER − IN RESPONSE TO THE PLAINTIFF JOSEPH GLEASON'S COMPLAINT (ECF NO. 1) AND MOTION FOR PRELIMINARY INJUNCTION (ECF NO. 2), IT IS ORDERED AS FOLLOWS:. DEFENDANTS DEPARTMENT OF PUBLIC WELFARE OF THE COMMONWEALTH OF PENNSYLVANIA AND BEVERLY MACKERETH MAY FILE AN ANSWER TO THE COMPLAINT AND AN OPPOSITION TO THE MOTION FOR PRELIMINARY INJUNCTION ON OR BEFORE OCTOBER 25, 2013.. PLAINTIFF JOSEPH GLEASON MAY FILE A REPLY TO THE OPPOSITION TO THE MOTION FOR PRELIMINARY INJUNCTION ON OR BEFORE NOVEMBER 1, 2013.. SIGNED BY HONORABLE ANITA B. BRODY ON 10/9/2013. 10/9/2013 ENTERED AND COPIES VIA ECF.(mo, ) Modified on 10/9/2013 (mo, ). (Entered: 10/09/2013)

Oct. 9, 2013

Oct. 9, 2013

9

AMENDED COMPLAINT against DEPARTMENT OF PUBLIC WELFARE OF THE COMMONWEALTH OF PENNSYLVANIA, BEVERLY MACKERETH, filed by JOSEPH GLEASON, PAULA GLEASON, Certificate of Service.(fdc) (Entered: 10/09/2013)

Oct. 9, 2013

Oct. 9, 2013

Set/Reset Deadlines as to 2 MOTION for Preliminary Injunction . RESPONSES DUE BY 10/25/2013. REPLIES DUE BY 11/1/2013. (afm, ) (Entered: 10/10/2013)

Oct. 10, 2013

Oct. 10, 2013

10

STIPULATION re 8 Order, Set Motion and R&R Deadlines/Hearings,,,, for Leave to File Second Amended Complaint and for Defendants' Response by DEPARTMENT OF PUBLIC WELFARE OF THE COMMONWEALTH OF PENNSYLVANIA, JOSEPH GLEASON, PAULA GLEASON, BEVERLY MACKERETH. (GOLD, STEPHEN) (FILED IN ERROR BY ATTORNEY; COPY FORWARDED TO

Oct. 24, 2013

Oct. 24, 2013

12

MOTION to Certify Class filed by PAULA SMITH.Memorandum of Law, Certificate of Service. RESPONSES DUE BY 11/18/2013. (Attachments: # 1 Exhibits A through F, # 2 Exhibits G through I, # 3 Text of Proposed Order)(GOLD, STEPHEN) (Entered: 10/30/2013)

Oct. 30, 2013

Oct. 30, 2013

13

Defendants ANSWER to 11 Amended Complaint (Defendants' Answer and Affirmative Defenses to Plaintiff's Second Amended Complaint with Certificate of Service) by DEPARTMENT OF PUBLIC WELFARE OF THE COMMONWEALTH OF PENNSYLVANIA, BEVERLY MACKERETH.(HIGSON, JOHN) (Entered: 11/12/2013)

Nov. 12, 2013

Nov. 12, 2013

14

NOTICE OF RULE 16 SCHEDULING CONFERENCE SET FOR 12/3/2013 04:00 PM IN COURTROOM BEFORE HONORABLE ANITA B. BRODY.(ldb, ) (Entered: 11/13/2013)

Nov. 13, 2013

Nov. 13, 2013

15

STIPULATION And Proposed Order by DEPARTMENT OF PUBLIC WELFARE OF THE COMMONWALTH OF PENNSYLVANIA. (HIGSON, JOHN) (FILED IN ERROR BY ATTORNEY; COPY FORWARDED TO JUDGE FOR APPROVAL) Modified on 11/18/2013 (nd, ). (Entered: 11/18/2013)

Nov. 18, 2013

Nov. 18, 2013

16

STIPULATION AND ORDER...WHEREAS, THE PARTIES HAVE AGREED, PURSUANT TO RULE 26(f) TO CONDUCT A MEET AND CONFER ON NOVEMBER 21, 2013 TO DISCUSS AMONG OTHER THINGS, A SCHEDULE FOR DISCOVERY AND BRIEFING ON THE CLASS CERTIFICATION ISSUES. WHEREAS, THE PARTIES HAVE STIPULATED AND AGREED THAT THE TIME FOR DEFFENDANT TO RESPOND TO PLAINTIFFS' MOTION TO CERTIFY THE CLASS SHOULD BE DEFERRED AND SUBJECT TO THE SCHEDULE THE COURT ORDERS AFTER THE PARTIES CONDUCT THEIR MEET AND CONFER AND PARTICIPATE IN THE DECEMBER 3, 2013 RULE 16 CONFERENCE. APPROVED BY THE COURT:. SIGNED BY HONORABLE ANITA B. BRODY ON 11/20/2013. 11/21/2013 ENTERED AND COPIES VIA ECF.(mo, ) (Entered: 11/21/2013)

Nov. 21, 2013

Nov. 21, 2013

17

Discovery Plan by All Parties.(GOLD, STEPHEN) (Entered: 11/26/2013)

Nov. 26, 2013

Nov. 26, 2013

18

ORDER that THE TIME OF THE RULE 16 CONFERENCE SCHEDULED FOR TUESDAY, DECEMBER 3, 2013 AT 4:00 P.M. WILL NOW BE HELD AT 11:00 A.M.. THE CONFERENCE WILL BE HELD IN CHAMBERS, ROOM 7613 ON THE 7TH FLOOR OF THE U.S. COURTHOUSE, 601 MARKET ST., PHILADELPHIA, PA. SIGNED BY HONORABLE ANITA B. BRODY ON 11/27/2013. 11/27/2013 ENTERED AND COPIES VIA ECF.(mo, ) (Entered: 11/27/2013)

Nov. 27, 2013

Nov. 27, 2013

19

ORDER that THE PARTIES WILL SUBMIT A PROPOSED BRIEFING SCHEDULE TO THE COURT ON PLAINTIFF'S MOTION FOR CLASS CERTIFICATION ON OR BEFORE JANUARY 20, 2014; ALL DISCOVERY DUE BY FEBRUARY 19, 2014; PLAINTIFF'S EXPERT REPORTS DUE FEBRUARY 5, 2014; DEFENDANT'S REPORTS DUE JANUARY 22, 2014; DEPOSITIONS OF ALL EXPERTS TO BE COMPLETED BY FEBRUARY 19, 2014 AND DISPOSITIVE MOTIONS DUE BY MARCH 5, 2014.. SIGNED BY HONORABLE ANITA B. BRODY ON 12/3/2013. 12/5/2013 ENTERED AND COPIES VIA ECF.(mo, ) (Entered: 12/05/2013)

Dec. 5, 2013

Dec. 5, 2013

20

NOTICE of Hearing: TELEPHONE CONFERENCE RE: SETTLEMENT MATTERS AND POSSIBLY SCHEDULING A SETTLEMENT CONFERENCE HAS BEEN SET FOR 1/9/2014 09:15 AM BEFORE MAGISTRATE JUDGE DAVID R. STRAWBRIDGE. COUNSEL FOR PLAINTIFF IS DIRECTED TO INITIATE THIS CALL AND ONCE ALL COUNSEL ARE ON THE LINE, TO THEN JOIN CHAMBERS INTO THE CALL (PH: 267−299−7790).(lds, ) (Entered: 12/10/2013)

Dec. 10, 2013

Dec. 10, 2013

21

Minute Entry for proceedings held before MAGISTRATE JUDGE DAVID R. STRAWBRIDGE: Telephone Settlement Conference held on 1/9/2014. (kp, ) (Entered: 01/10/2014)

Jan. 10, 2014

Jan. 10, 2014

23

Minute Entry for proceedings held before HONORABLE ANITA B. BRODY: Pretrial Conference held on 12/3/13. (fdc) (Entered: 01/14/2014)

Jan. 14, 2014

Jan. 14, 2014

24

STIPULATION and Proposed Order by DEPARTMENT OF PUBLIC WELFARE OF THE COMMONWALTH OF PENNSYLVANIA. (HIGSON, JOHN) (FILED IN ERROR BY ATTORNEY; COPY FORWARDED TO JUDGE FOR APPROVAL) Modified on 1/16/2014 (nd, ). (Entered: 01/16/2014)

Jan. 16, 2014

Jan. 16, 2014

25

STIPULATION AND ORDER... the PARTIES HAVE STIPULATED AND AGREED TO THE FOLLOWING BRIEFING SCHEDULE WITH RESPECT TO PLAINTIFFS' MOTION TO CERTIFY THE CLASS: DEFENDANTS BRIEF IN OPPOSITION DUE: FEBRUARY 21, 2014 AND PLAINTIFFS' REPLY BRIEF DUE MARCH 7, 2014. APPROVED BY THE COURT:. SIGNED BY HONORABLE ANITA B. BRODY ON 1/21/2014. 1/21/2014 ENTERED AND COPIES VIA ECF.(mo, ) (Entered: 01/21/2014)

Jan. 21, 2014

Jan. 21, 2014

Set/Reset Deadlines as to 12 MOTION to Certify Class . RESPONSE BRIEF IN OPPOSITION DUE BY 2/21/2014. REPLIES DUE BY 3/7/2014. (afm, ) (Entered: 01/23/2014)

Jan. 21, 2014

Jan. 21, 2014

26

Amended MOTION to Certify Class filed by PAULA SMITH.Memorandum of Law and Certificate of Service. RESPONSES DUE BY 2/21/2014. (Attachments: # 1 Exhibits A, B, C, D, E, and F, # 2 Exhibits G, H, and I, # 3 Text of Proposed Order)(RESNICK, ROBIN) (Entered: 01/30/2014)

Jan. 30, 2014

Jan. 30, 2014

27

JOINT SCHEDULING ORDER that THE PARTIES TO THIS ACTION HEREBY STIPULATE AND AGREE ON THE FOLLOWING AMENDED PRE−TRIAL SCHEDULE: 1. DISCOVERY: ALL FACT AND EXPERT DISCOVERY SHALL BE COMPLETED ON OR BEFORE MARCH 21, 2014; 2. DISPOSITIVE MOTIONS: ALL DISPOSITIVE MOTIONS SHALL BE FILED ON OR BEFORE APRIL 4, 2014. 3. CLASS CERTIFICATION BRIEFS:.... SIGNED BY HONORABLE ANITA B. BRODY ON 2/19/2014. 2/20/2014 ENTERED AND COPIES VIA ECF.(mo, ) (Entered: 02/20/2014)

Feb. 20, 2014

Feb. 20, 2014

Set/Reset Deadlines as to 26 Amended MOTION to Certify Class , 12 MOTION to Certify Class . RESPONSES DUE BY 3/24/2014. (ahf, ) (Entered: 02/25/2014)

Feb. 20, 2014

Feb. 20, 2014

28

MOTION to Compel filed by PAULA SMITH.Memorandum of Law and Certificate of Service. (Attachments: # 1 Exhibits A, B, C, C, E, and F, # 2 Exhibits G, H, I, J, K, L, M, and N, # 3 Text of Proposed Order)(GOLD, STEPHEN) (Entered: 02/21/2014)

Feb. 21, 2014

Feb. 21, 2014

29

Minute Entry for proceedings held before MAGISTRATE JUDGE DAVID R. STRAWBRIDGE: Settlement Conference held on 2/25/14. (fdc, ) (Entered: 02/25/2014)

Feb. 25, 2014

Feb. 25, 2014

30

NOTICE of Hearing: STATUS/FOLLOWUP TELEPHONE CONFERENCE RE: SETTLEMENT MATTERS SET FOR 3/5/2014 04:30 PM BEFORE MAGISTRATE JUDGE DAVID R. STRAWBRIDGE. COUNSEL FOR PLAINTIFF IS DIRECTED TO INITIATE THIS CALL AND ONCE ALL COUNSEL ARE ON THE LINE, IS THEN TO JOIN CHAMBERS INTO THE CALL (PH: 267−299−7790).(lds, ) (Entered: 02/25/2014)

Feb. 25, 2014

Feb. 25, 2014

31

MOTION to Compel Production of Documents and Answers to Interrogatories filed by PAULA SMITH.Memorandum of Law and Certificate of Service. (Attachments: # 1 Exhibits A through F, # 2 Text of Proposed Order)(GOLD, STEPHEN) (Entered: 02/28/2014)

Feb. 28, 2014

Feb. 28, 2014

32

Minute Entry for proceedings held before MAGISTRATE JUDGE DAVID R. STRAWBRIDGE: TELEPHONE Settlement Conference held on 3/5/14. (jl, ) (Entered: 03/06/2014)

March 6, 2014

March 6, 2014

34

ORDER − UPON CONSIDERATION OF THE CONSENT MOTION FOR EXTENSION OF TIME FILED ON BEHALF OF DEFENDANTS, AND ANY RESPONSES THERETO, IT IS HEREBY ORDERED that THE MOTION IS GRANTED, AND DEFENDANTS SHALL HAVE UP TO AND INCLUDING MARCH 14, 2014 TO RESPOND TO PLAINTIFF'S MOTION TO COMPEL [D.I. 28]. ALL OTHER CASE MANAGEMENT DEADLINES REMAIN IN EFFECT. SIGNED BY HONORABLE ANITA B. BRODY ON 3/10/2014.3/11/2014 ENTERED AND COPIES VIA ECF.(mo, ) (Entered: 03/11/2014)

March 11, 2014

March 11, 2014

35

STIPULATION AND ORDER... that 1. DEFENDANTS' BRIEF IN RESPONSE TO PLAINTIFF'S MOTION TO COMPEL (D.I. 28) SHALL BE FILED ON OR BEFORE MARCH 19, 2014. 2. DEFENDANTS' BRIEF IN RESPONSE TO PLAINTIFF'S MOTION TO COMPEL PRODUCTION OF DOCUMENTS AND ANSWERS TO INTERROGATORIES (D.I. 31) SHALL BE FILED ON OR BEFORE MARCH 24, 2014. APPROVED BY THE COURT:. SIGNED BY HONORABLE ANITA B. BRODY ON 3/13/2014. 3/13/2014 ENTERED AND COPIES VIA ECF.(mo, ) (Entered: 03/13/2014)

March 13, 2014

March 13, 2014

Set/Reset Deadlines as to RESPONSES DUE BY 3/19/2014 TO PLAINTIFF'S MOTION TO COMPEL (D.I. 28). (mo, ) (Entered: 03/13/2014)

March 13, 2014

March 13, 2014

Set/Reset Deadlines as to RESPONSES DUE BY 3/24/2014 TO PLAINTIFF'S MOTION TO COMPEL PRODUCTION OF DOCUMENTS AND ANSWERS TO INTERROGATORIES (D.I. 31). (mo, ) (Entered: 03/13/2014)

March 13, 2014

March 13, 2014

36

JOINT SCHEDULING ORDER −... that 1. ALL FACT AND EXPERT DISCOVERY DUE BYON OR BEFORE 4/4/2014 AND 2. DISPOSITIVE MOTIONS DUE SHALL BE FILED ON OR BEFORE 4/18/2014. APPROVED BY THE COURT:. SIGNED BY HONORABLE ANITA B. BRODY ON 3/13/2014. 3/13/2014 ENTERED AND COPIES VIA ECF.(mo, ) (Entered: 03/13/2014)

March 13, 2014

March 13, 2014

Set/Reset Deadlines as to 31 MOTION to Compel Production of Documents and Answers to Interrogatories . RESPONSES DUE BY 3/24/2014. (afm, ) (Entered: 03/14/2014)

March 14, 2014

March 14, 2014

Set/Reset Deadlines as to 12 MOTION to Certify Class . RESPONSES DUE BY 4/7/2014. REPLIES DUE BY 4/21/2014. (afm, ) (Entered: 03/14/2014)

March 14, 2014

March 14, 2014

37

MOTION for Partial Summary Judgment filed by DEPARTMENT OF PUBLIC WELFARE OF THE COMMONWEALTH OF PENNSYLVANIA, BEVERLY MACKERETH.Memorandum, Certificate of Service. (Attachments: # 1 Memorandum, # 2 Text of Proposed Order)(WOLSON, JOSHUA) (Entered: 03/19/2014)

March 19, 2014

March 19, 2014

38

RESPONSE in Opposition re 28 MOTION to Compel, filed by DEPARTMENT OF PUBLIC WELFARE OF THE COMMONWEALTH OF PENNSYLVANIA, BEVERLY MACKERETH. (HIGSON, JOHN) Modified on 5/12/2014 (md). (Entered: 03/19/2014)

March 19, 2014

March 19, 2014

39

REPLY to Response to Motion re 28 MOTION to Compel filed by PAULA SMITH. (Attachments: # 1 Exhibits 1 & 2)(GOLD, STEPHEN) (Entered: 03/21/2014)

March 21, 2014

March 21, 2014

40

RESPONSE in Opposition re 31 MOTION to Compel Production of Documents and Answers to Interrogatories filed by DEPARTMENT OF PUBLIC WELFARE OF THE COMMONWEALTH OF PENNSYLVANIA, BEVERLY MACKERETH. (HIGSON, JOHN) (Entered: 03/24/2014)

March 24, 2014

March 24, 2014

41

REPLY to Response to Motion re 31 MOTION to Compel Production of Documents and Answers to Interrogatories filed by PAULA SMITH. (Attachments: # 1 Exhibit)(GOLD, STEPHEN) (Entered: 03/27/2014)

March 27, 2014

March 27, 2014

42

NOTICE of Hearing:FOLLOWUP/STATUS TELEPHONE CONFERENCE RE: SETTLEMENT MATTERS SET FOR 4/9/2014 04:30 PM BEFORE MAGISTRATE JUDGE DAVID R. STRAWBRIDGE. COUNSEL FOR PLAINTIFF IS DIRECTED TO INITIATE THIS CALL AND ONCE ALL COUNSEL ARE ON THE LINE, TO THEN JOIN CHAMBERS INTO THE CALL (Ph: 267−299−7790).(lds, ) (Entered: 03/28/2014)

March 28, 2014

March 28, 2014

43

RESPONSE in Opposition re 26 Amended MOTION to Certify Class filed by DEPARTMENT OF PUBLIC WELFARE OF THE COMMONWEALTH OF PENNSYLVANIA, BEVERLY MACKERETH. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Text of Proposed Order)(WOLSON, JOSHUA) (Entered: 04/07/2014)

April 7, 2014

April 7, 2014

44

Minute Entry for proceedings held before MAGISTRATE JUDGE DAVID R. STRAWBRIDGE: Telephone Conference (re: settlement) held on 4/9/14. (fdc) (Entered: 04/10/2014)

April 10, 2014

April 10, 2014

45

MOTION for Summary Judgment and Opposition to Defendants' Motion for Partial Summary Judgment filed by PAULA SMITH.Memorandum of Law, Certificate of Service. (Attachments: # 1 Plaintiff's Statement of Undisputed Facts, # 2 Exhibits 1 and 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, Pt. 1, # 6 Exhibit 5, Pt. 2, # 7 Exhibit 5, Pt. 3, # 8 Exhibits 6, 7, 8, 9, and 10, # 9 Exhibit 11, # 10 Exhibit 12, # 11 Exhibits 13 and 14, # 12 Exhibit 15, # 13 Exhibit 16, # 14 Exhibits 17, 18, 19, and 20, # 15 Exhibits 21, 22, 23, and 24, # 16 Exhibit 25, # 17 Exhibits 26 and 27, # 18 Exhibits 28, 29, and 30, # 19 Exhibits 31 and 32, # 20 Text of Proposed Order)(RESNICK, ROBIN) (Entered: 04/11/2014)

April 11, 2014

April 11, 2014

46

ORDER that PLAINTIFF'S MOTION TO CERTIFY THE CLASS (ECF NO. 12) IS DENIED AS MOOT IN LIGHT OF PLAINTIFF'S AMENDED MOTION TO CERTIFY THE CLASS (ECF NO. 26).. SIGNED BY HONORABLE ANITA B. BRODY ON 4/14/2014.4/14/2014 ENTERED AND COPIES VIA ECF.(mo, ) (Entered: 04/14/2014)

April 14, 2014

April 14, 2014

47

STIPULATION AND ORDER THAT THE FOLLOWING SHALL BE CONSOLIDATED INTO A SINGLE FILING AND SHALL BE FILED ON OR BEFORE 5/6/2014; DEFENDANTS' REPLY IN FURTHER SUPPORT OF THEIR MOTION FOR PARTIAL SUMMARY JUDGMENT; DEFENDANTS' RESPONSE IN OPPOSITION TO PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT; AND DEFENDANTS' CROSS−MOTION FOR SUMMARY JUDGMENT; ETC. SIGNED BY HONORABLE ANITA B. BRODY ON 4/18/14. 4/18/14 ENTERED AND COPIES E−MAILED.(ti, ) (Entered: 04/18/2014)

April 18, 2014

April 18, 2014

48

REPLY to Response to Motion re 26 Amended MOTION to Certify Class filed by PAULA SMITH. (Attachments: # 1 Exhibit Class Reply Exh. A−E, # 2 Exhibit Class Reply Exh. F−L)(HAUBERT, DYNAH) (Entered: 04/21/2014)

April 21, 2014

April 21, 2014

49

Consent MOTION for Extension of Time to File Response/Reply as to 45 MOTION for Summary Judgment and Opposition to Defendants' Motion for Partial Summary Judgment , 37 MOTION for Partial Summary Judgment filed by DEPARTMENT OF PUBLIC WELFARE OF THE COMMONWEALTH OF PENNSYLVANIA, BEVERLY MACKERETH.Proposed Order and Certificate of Service.(HIGSON, JOHN) (Entered: 04/29/2014)

April 29, 2014

April 29, 2014

50

ORDER − UPON CONSIDERATION OF THE CONSENT MOTION FOR EXTENSION OF TIME FILED ON BEHALF OF DEFENDANTS AND ANY RESPONSES THERETO, IT IS HEREBY ORDERED that THE MOTION IS GRANTED, AND DEFENDANTS SHALL HAVE UP TO AND INCLUDING MAY 9, 2014, TO FILE THEIR CONSOLIDATED REPLY IN FURTHER SUPPORT... ALL OTHER CASE MANAGEMENT DEADLINES REMAIN IN EFFECT.. SIGNED BY HONORABLE ANITA B. BRODY ON 5/1/2014.5/1/2014 ENTERED AND COPIES VIA ECF.(mo, ) (Entered: 05/01/2014)

May 1, 2014

May 1, 2014

Set/Reset Deadlines as to 37 MOTION for Partial Summary Judgment . REPLIES DUE BY 5/9/2014. (ahf, ) (Entered: 05/02/2014)

May 1, 2014

May 1, 2014

51

MOTION for Summary Judgment filed by DEPARTMENT OF PUBLIC WELFARE OF THE COMMONWEALTH OF PENNSYLVANIA, BEVERLY MACKERETH.Certificate of Service. (Attachments: # 1 Defendants' (1) Memorandum of Law in Support of Their Motion for Summary Judgment, (2) Opposition to Plaintiff's Motion for Summary Judgment, and (3) Reply Memorandum in Support of Their Motion for Partial Summary Judgment, # 2 Proposed Order)(WOLSON, JOSHUA) (Entered: 05/09/2014)

May 9, 2014

May 9, 2014

52

Defendants' Response and Counter−Statement to Plaintiff's Statement of Undisputed Facts by DEPARTMENT OF PUBLIC WELFARE OF THE COMMONWEALTH OF PENNSYLVANIA, BEVERLY MACKERETH. (WOLSON, JOSHUA) Modified on 5/12/2014 (lisad, ). (Entered: 05/09/2014)

May 9, 2014

May 9, 2014

53

Appendix to Defendants' Memorandum of Law in Support re 51 MOTION for Summary Judgment , 52 Statement by DEPARTMENT OF PUBLIC WELFARE OF THE COMMONWEALTH OF PENNSYLVANIA, BEVERLY MACKERETH. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit 1 to J. Wolson Declaration, # 6 Exhibit 2 to J. Wolson Declaration, # 7 Exhibit 3 to J. Wolson Declaration, # 8 Exhibit 4 to J. Wolson Declaration, # 9 Exhibit 5 to J. Wolson Declaration, # 10 Exhibit 6 to J. Wolson Declaration, # 11 Exhibit 7 to J. Wolson Declaration, # 12 Exhibit 8 to J. Wolson Declaration, # 13 Exhibit 9 to J. Wolson Declaration, # 14 Exhibit 10 to J. Wolson Declaration, # 15 Exhibit 11 to J. Wolson Declaration, # 16 Exhibit 12 to J. Wolson Declaration, # 17 Exhibit 13 to J. Wolson Declaration, # 18 Exhibit 14 to J. Wolson Declaration, # 19 Exhibit 15 to J. Wolson Declaration)(WOLSON, JOSHUA) Modified on 5/12/2014 (lisad, ). (Entered: 05/09/2014)

May 9, 2014

May 9, 2014

54

MOTION in Limine to Preclude Testimony of David Williams, Esq. filed by DEPARTMENT OF PUBLIC WELFARE OF THE COMMONWEALTH OF PENNSYLVANIA, BEVERLY MACKERETH.Memorandum, Certificate of Service. (Attachments: # 1 Memorandum of Law in Support of Motion, # 2 Exhibit A, # 3 Text of Proposed Order)(WOLSON, JOSHUA) (Entered: 05/22/2014)

May 22, 2014

May 22, 2014

55

MOTION in Limine to Preclude Testimony of Stephen Feldman filed by BEVERLY MACKERETH, DEPARTMENT OF PUBLIC WELFARE OF THE COMMONWEALTH OF PENNSYLVANIA, Memorandum, Certificate of Service. (Attachments: # 1 Memorandum of Law in Support of Motion, # 2 Exhibit A, # 3 Text of Proposed Order)(WOLSON, JOSHUA) Modified on 5/23/2014 (md). (Entered: 05/22/2014)

May 22, 2014

May 22, 2014

56

RESPONSE in Opposition re 51 MOTION for Summary Judgment and Reply to Defendants' Opposition to Plaintiff's Motion for Summary Judgment 45 filed by PAULA SMITH. (Attachments: # 1 Plaintiff's Responses to Defendants' Counterstatement of Undisputed Facts, # 2 Exhibits 33, 34, 35, 36, 37, and 38, # 3 Exhibits 39 and 40, # 4 Exhibits 41, 42, 43, 44, 45, and 46, # 5 Text of Proposed Order)(GOLD, STEPHEN) (Entered: 05/29/2014)

May 29, 2014

May 29, 2014

57

RESPONSE in Opposition re 54 MOTION in Limine to Preclude Testimony of David Williams, Esq. filed by PAULA SMITH. (Attachments: # 1 Exhibits A, B, and C, # 2 Text of Proposed Order)(GOLD, STEPHEN) (Entered: 05/29/2014)

May 29, 2014

May 29, 2014

58

RESPONSE in Opposition re 55 MOTION in Limine MOTION in Limine to Preclude Testimony of Stephen Feldman filed by PAULA SMITH. (Attachments: # 1 Exhibits A, B, C, D, and E, # 2 Text of Proposed Order)(GOLD, STEPHEN) (Entered: 05/29/2014)

May 29, 2014

May 29, 2014

59

Statement of Interest by UNITED STATES OF AMERICA. (ROGERS, JOSHUA) (Entered: 06/12/2014)

June 12, 2014

June 12, 2014

60

Consent MOTION for Leave to File Replies to Plaintiff's Oppositions to Defendants' Motions in Limine filed by DEPARTMENT OF PUBLIC WELFARE OF THE COMMONWEALTH OF PENNSYLVANIA, BEVERLY MACKERETH.Certificate of Service. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Proposed Order)(WOLSON, JOSHUA) (Entered: 06/12/2014)

June 12, 2014

June 12, 2014

61

RESPONSE in Support re 51 MOTION for Summary Judgment (Reply Memorandum of Law In Support of Their Motion for Summary Judgment and (2) Sur−Reply in Opposition to Plaintiff's Motion for Summary Judgment) filed by DEPARTMENT OF PUBLIC WELFARE OF THE COMMONWEALTH OF PENNSYLVANIA, BEVERLY MACKERETH. (Attachments: # 1 Supplemental Declaration of Joshua D. Wolson, Esquire, # 2 Exhibit 1 to Supplemental Declaration)(WOLSON, JOSHUA)

June 12, 2014

June 12, 2014

63

RESPONSE in Support re 54 MOTION in Limine to Preclude Testimony of David Williams, Esq. (Defendants' Reply Memorandum in Support of Their Motion in Limine to Preclude the Testimony of David Williams, Esq.) filed by DEPARTMENT OF PUBLIC WELFARE OF THE COMMONWEALTH OF PENNSYLVANIA, BEVERLY MACKERETH. (WOLSON, JOSHUA) (Entered: 06/20/2014)

June 20, 2014

June 20, 2014

64

RESPONSE in Support re 55 MOTION in Limine MOTION in Limine to Preclude Testimony of Stephen Feldman (Defendants' Reply Memorandum in Support of Their Motion in Limine to Preclude the Testimony of Stephen A. Feldman, Esq.) filed by DEPARTMENT OF PUBLIC WELFARE OF THE COMMONWEALTH OF PENNSYLVANIA, BEVERLY MACKERETH. (WOLSON, JOSHUA) (Entered: 06/20/2014)

June 20, 2014

June 20, 2014

65

Response re 59 Statement (Defendants' Response to the Statement of Interest of the United States of America by DEPARTMENT OF PUBLIC WELFARE OF THE COMMONWEALTH OF PENNSYLVANIA, BEVERLY MACKERETH. (WOLSON, JOSHUA) (Entered: 06/30/2014)

June 30, 2014

June 30, 2014

66

ORDER that THIS ACTION IS PLACED IN SUSPENSE. IT IS FURTHER ORDERED that A TELEPHONIC STATUS CONFERENCE WILL BE HELD ON AUGUST 19, 2014 AT 2:00 P.M.. PLAINTIFF IS INSTRUCTED TO INITIATE THE CALL.. SIGNED BY HONORABLE ANITA B. BRODY ON 7/28/2014. 7/29/2014 ENTERED AND COPIES VIA ECF.(mo, ) (Entered: 07/29/2014)

July 29, 2014

July 29, 2014

67

Minute Entry for proceedings held before HONORABLE ANITA B. BRODY: Telephone Conference held on 7/24/14 (fdc, ) (Entered: 08/05/2014)

Aug. 5, 2014

Aug. 5, 2014

68

Minute Entry for proceedings held before HONORABLE ANITA B. BRODY: Telephone Status Conference held on 8/19/14. (fdc) (Entered: 08/19/2014)

Aug. 19, 2014

Aug. 19, 2014

69

ORDER that A STATUS CONFERENCE WILL BE HELD IN CHAMBERS AT 10:00 A.M. ON SEPTEMBER 17, 2014.. SIGNED BY HONORABLE ANITA B. BRODY ON 8/20/2014. 8/21/2014 ENTERED AND COPIES VIA ECF.(mo, ) (Entered: 08/21/2014)

Aug. 21, 2014

Aug. 21, 2014

70

Minute Entry for proceedings held before HONORABLE ANITA B. BRODY: Status Conference held on 9/17/14. (fdc, ) (Entered: 09/17/2014)

Sept. 17, 2014

Sept. 17, 2014

71

ORDER that A FOLLOW−UP TELEPHONE CONFERENCE REGARDING STATUS OF THIS CASE WILL BE HELD ON NOVEMBER 4, 2014 AT 10:00 A.M.. COUNSEL, JOHN HIGSON WILL INITIATE THE CALL.. SIGNED BY HONORABLE ANITA B. BRODY ON 9/17/2014. 9/17/2014 ENTERED AND COPIES VIA ECF.(mo, ) (Entered: 09/17/2014)

Sept. 17, 2014

Sept. 17, 2014

72

Minute Entry for proceedings held before HONORABLE ANITA B. BRODY: Telephone Conference held on 11/4/14 (fdc, ) (Entered: 11/04/2014)

Nov. 4, 2014

Nov. 4, 2014

73

ORDER − AS STATED ON THE RECORD AT THE NOVEMBER 4, 2014, TELEPHONE CONFERENCE, IT IS ORDERED that DEFENDANT MUST PROVIDE PLAINTIFF'S COUNSEL WITH THE NAMES AND ADDRESSES OF ALL APPLICANTS TO THE ACT 150 COMMUNITY−BASED ATTENDANT CARE SERVICE PROGRAM ON OR BEFORE NOVEMBER 11, 2014.... A STATUS CONFERENCE WILL BE HELD ON WEDNESDAY, DECEMBER 3, 2014 AT 10:00 A.M. IN CHAMBERS, ROOM 7613 ON THE 7TH FLOOR OF THE U.S. COURTHOUSE, 601 MARKET ST.,PHILADLEHIA,PA.. SIGNED BY HONORABLE ANITA B. BRODY ON 11/4/2014. 11/4/2014 ENTERED AND COPIES VIA ECF.(mo, ) (Entered: 11/04/2014)

Nov. 4, 2014

Nov. 4, 2014

75

Minute Entry for proceedings held before HONORABLE ANITA B. BRODY Pretrial Conference held on 12/1/14. (fdc) (Entered: 01/30/2015)

Jan. 30, 2015

Jan. 30, 2015

76

Minute Entry for proceedings held before HONORABLE ANITA B. BRODY Pretrial Conference held on 1/26/15. (fdc) (Entered: 02/05/2015)

Feb. 5, 2015

Feb. 5, 2015

77

Minute Entry for proceedings held before HONORABLE ANITA B. BRODY Telephone Status Conference held on 3/24/15. Court Reporter: ESR. (fdc) (Entered: 03/25/2015)

March 25, 2015

March 25, 2015

78

ORDER that A STATUS CONFERENCE WILL BE HELD ON TUESDAY, MAY 26, 2015 AT 10:00 A.M., IN CHAMBERS, ROOM 7613 ON THE 7TH FLOOR OF THE U.S. DISTRICT COURT, 601 MARKET ST.,PHILADELPHIA, PA.. SIGNED BY HONORABLE ANITA B. BRODY ON 4/15/2015. 4/16/2015 ENTERED AND COPIES VIA ECF.(mo, ) Modified on 5/26/2015 (mo, ). (Entered: 04/16/2015)

April 16, 2015

April 16, 2015

Set/Reset Hearings: STATUS CONFERENCE SET FOR 5/26/2015 10:00 AM IN JUDGE CHAMBERS BEFORE HONORABLE ANITA B. BRODY. (mo, ) (Entered: 04/16/2015)

April 16, 2015

April 16, 2015

79

NOTICE of Appearance by KELLY L. DARR on behalf of PAULA SMITH with Certificate of Service(DARR, KELLY) (Entered: 05/26/2015)

May 26, 2015

May 26, 2015

80

STIPULATION of Dismissal by PAULA SMITH. (DARR, KELLY) (Entered: 06/11/2015)

June 11, 2015

June 11, 2015

Case Details

State / Territory: Pennsylvania

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

DOJ Civil Rights Division Statements of Interest

Olmstead Cases

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 27, 2013

Closing Date: June 11, 2015

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Adults with physical disabilities who were placed on the waiting list for Pennsylvania's Act 150 Program.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

NDRN/Protection & Advocacy Organizations

Public Interest Law Center (PILCOP)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

Department of Public Welfare of the Commonwealth of Pennsylvania, State

Defendant Type(s):

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

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Unknown

Nature of Relief:

Unknown

Source of Relief:

Unknown

Form of Settlement:

Voluntary Dismissal

Content of Injunction:

Preliminary relief request withdrawn/mooted

Issues

General:

Disparate Treatment

Funding

Government Services

Payment for care

Wait lists

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

Integrated setting

Least restrictive environment

Mobility impairment

Benefit Source:

Medicaid