Case: Anderson v. Lake

5:17-cv-01236 | U.S. District Court for the Western District of Oklahoma

Filed Date: Nov. 17, 2017

Closed Date: 2018

Clearinghouse coding complete

Case Summary

On November 17, 2017, six people with physical and/or intellectual impairments that relied on ADvantage waivers and/or In-Home Supports waivers to receive health services at their homes, filed this putative class action lawsuit in the U.S. District for the Western District of Oklahoma. The plaintiffs sued Oklahoma Health Care Authority (OHCA) and Oklahoma State Department of Human Services (DHS) under the Americans with Disabilities Act (ADA) and the Rehabilitation Act. The plaintiffs, represe…

On November 17, 2017, six people with physical and/or intellectual impairments that relied on ADvantage waivers and/or In-Home Supports waivers to receive health services at their homes, filed this putative class action lawsuit in the U.S. District for the Western District of Oklahoma. The plaintiffs sued Oklahoma Health Care Authority (OHCA) and Oklahoma State Department of Human Services (DHS) under the Americans with Disabilities Act (ADA) and the Rehabilitation Act. The plaintiffs, represented by the American Civil Liberties Union (ACLU) and the Oklahoma Disability Law Center, sought injunctive and declaratory relief, claiming violations of the ADA and the Rehabilitation Act. The plaintiffs alleged that OHCA and DHS were planning to cut funding to the waivers that the plaintiffs depended on for home based health care services and put them in danger of forced institutionalization in a nursing home. More specifically, in October 2017, the plaintiffs received notices that their Medicaid ADvantage and In-Home Supports waivers would not be funded after December 1, 2017. This case was assigned to Judge Joe Heaton. On December 6, 2017, the plaintiffs filed an amended complaint.

On February 12, 2018, the defendants moved to dismiss the plaintiffs’ amended complaint. They alleged that the plaintiffs’ claims had become moot because DHS found a way to fully fund the waiver programs. Further, the defendants argued that, because there were no longer any violation of federal law, the plaintiffs were not entitled to injunctive or declaratory relief. Therefore, the amended complaint should be dismissed.

The court agreed and dismissed the plaintiffs’ amended complaint for mootness on March 26, 2018. This case is now closed.

Summary Authors

Sean Whetstone (7/11/2018)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/13566420/parties/anderson-v-lake/


Judge(s)

Heaton, Joe L. (Oklahoma)

Attorneys(s) for Plaintiff

Gioletti, Amy N. (Oklahoma)

Henderson, Brady Ross (Oklahoma)

Taylor, Gary A. (Oklahoma)

Turner, Joy J (Oklahoma)

Attorneys(s) for Defendant

Smith, Travis C (Oklahoma)

Young, Joseph H. (Oklahoma)

Judge(s)

Heaton, Joe L. (Oklahoma)

Attorneys(s) for Plaintiff

Gioletti, Amy N. (Oklahoma)

Henderson, Brady Ross (Oklahoma)

Taylor, Gary A. (Oklahoma)

Turner, Joy J (Oklahoma)

Attorneys(s) for Defendant

Smith, Travis C (Oklahoma)

Young, Joseph H. (Oklahoma)

Documents in the Clearinghouse

Document

5:17-cv-01236

Docket [PACER]

March 26, 2018

March 26, 2018

Docket
1

5:17-cv-01236

Class Action Complaint

Nov. 17, 2017

Nov. 17, 2017

Complaint
6

5:17-cv-01236

First Amended Class Action Complaint

Dec. 6, 2017

Dec. 6, 2017

Complaint
17

5:17-cv-01236

Order

March 26, 2018

March 26, 2018

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/13566420/anderson-v-lake/

Last updated Aug. 4, 2022, 3:20 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Ed Lake, Becky Pasternik-Ikard filed by Sherry Davis(as legal guardian of Tomas Matthew Davis, individually), Sherry Davis(on behalf of all others similarly situated), Lonnette Hay(as legal guardian of Trevor Hay and Taren Hay, individually), Lance Davis(on behalf of all others similarly situated), Richard Anderson(Individually), Richard Anderson(on behhalf of all others similarly situated), Lori Taylor(on behalf of all others similarly situated), Lonnette Hay(on behalf of all others similarly situated), Lance Davis(as legal guardian of Tomas Matthew Davis, individually), Janis Harris(as legal guardian of Rhonda Cassell, individually), Janis Harris(on behalf of all others similarly situated), Lori Taylor(individually). (Attachments: # 1 Exhibit 1-DHS Aging Services Letter, # 2 Exhibit 2-DHS Letter dated 10/31/17, # 3 Civil Cover Sheet)(rmc) (Entered: 11/17/2017)

1 Exhibit 1-DHS Aging Services Letter

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2 Exhibit 2-DHS Letter dated 10/31/17

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3 Civil Cover Sheet

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Nov. 17, 2017

Nov. 17, 2017

RECAP
2

Summons Issued Electronically as to Ed Lake, Becky Pasternik-Ikard. (rmc) (Entered: 11/17/2017)

Nov. 17, 2017

Nov. 17, 2017

PACER

PAYMENT FOR A CIVIL CASE Filing fee $ 400, receipt number 1087-2595662. (Henderson, Brady)

Nov. 17, 2017

Nov. 17, 2017

PACER
3

ENTRY of Appearance by Amy N Gioletti on behalf of All Plaintiffs (Gioletti, Amy) (Entered: 11/17/2017)

Nov. 17, 2017

Nov. 17, 2017

PACER
4

ENTRY of Appearance by Gary A Taylor on behalf of All Plaintiffs (Taylor, Gary) (Entered: 11/20/2017)

Nov. 20, 2017

Nov. 20, 2017

PACER
5

ENTRY of Appearance by Joy J Turner on behalf of All Plaintiffs (Turner, Joy) (Entered: 11/20/2017)

Nov. 20, 2017

Nov. 20, 2017

PACER
6

AMENDED COMPLAINT against All Defendants filed by All Plaintiffs. (Attachments: # 1 Exhibit 1-Letter to ADvantage Member 10/31/17, # 2 Exhibit 2-Letter regarding DHS 10/31/17, # 3 Exhibit 3-Letter to ADvantage Member 11/21/17, # 4 Exhibit 4-Letter to Tomas Davis 11/22/17)(Gioletti, Amy) (Entered: 12/06/2017)

1 Exhibit 1-Letter to ADvantage Member 10/31/17

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2 Exhibit 2-Letter regarding DHS 10/31/17

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3 Exhibit 3-Letter to ADvantage Member 11/21/17

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4 Exhibit 4-Letter to Tomas Davis 11/22/17

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Dec. 6, 2017

Dec. 6, 2017

PACER
7

ENTRY of Appearance by Travis C Smith on behalf of Ed Lake (Smith, Travis) (Entered: 12/08/2017)

Dec. 8, 2017

Dec. 8, 2017

PACER
8

ENTRY of Appearance by Joseph H Young on behalf of Becky Pasternik-Ikard (Young, Joseph) (Entered: 12/15/2017)

Dec. 15, 2017

Dec. 15, 2017

PACER
9

ENTRY of Appearance by Joseph H Young on behalf of Becky Pasternik-Ikard (Young, Joseph) (Entered: 12/15/2017)

Dec. 15, 2017

Dec. 15, 2017

PACER
10

JOINT MOTION to Stay Case Anderson, et. al. v. Lake, et. al. by All Plaintiffs. (Gioletti, Amy) (Entered: 12/22/2017)

Dec. 22, 2017

Dec. 22, 2017

PACER
11

ORDER granting 10 the parties' joint motion to stay proceedings...this case is stayed until 01/25/2018. Signed by Honorable Joe Heaton on 12/28/2017. (lam) (Entered: 12/28/2017)

Dec. 28, 2017

Dec. 28, 2017

PACER
12

UNOPPOSED MOTION for Extension of Time to Respond to Plaintiffs' First Amended Complaint by All Defendants. (Attachments: # 1 Attachment)(Young, Joseph) (Entered: 01/25/2018)

1 Attachment 1-Proposed Order

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Jan. 25, 2018

Jan. 25, 2018

PACER
13

ORDER granting defendants' 12 unopposed motion for extension of time; defendant shall file their answer or other responsive pleading to plaintiffs' first amended complaint not later than 02/12/2018. Signed by Honorable Joe Heaton on 1/25/2018. (cla) (Entered: 01/26/2018)

Jan. 25, 2018

Jan. 25, 2018

PACER
14

MOTION to Dismiss by All Defendants. (Attachments: # 1 Exhibit Executive Order 2017-29, # 2 Exhibit Line Item Vetoed, # 3 Exhibit Executive Order 2017-43, # 4 Exhibit SB No. 2XX)(Young, Joseph) (Entered: 02/12/2018)

1 Exhibit Executive Order 2017-29

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2 Exhibit Line Item Vetoed

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3 Exhibit Executive Order 2017-43

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4 Exhibit SB No. 2XX

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Feb. 12, 2018

Feb. 12, 2018

PACER
15

RESPONSE in Opposition re 14 MOTION to Dismiss filed by All Plaintiffs. (Attachments: # 1 Exhibit 1: SB 200 Funding Through April, # 2 Exhibit 2: Step Up Oklahoma Fails, # 3 Exhibit 3: Budget Cut Bill Sent, # 4 Exhibit 4: HB 1033 and Legislative Intent)(Gioletti, Amy) (Entered: 03/05/2018)

1 Exhibit 1: SB 200 Funding Through April

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2 Exhibit 2: Step Up Oklahoma Fails

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3 Exhibit 3: Budget Cut Bill Sent

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4 Exhibit 4: HB 1033 and Legislative Intent

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March 5, 2018

March 5, 2018

PACER
16

REPLY by Defendants Ed Lake, Becky Pasternik-Ikard re 14 MOTION to Dismiss filed by All Defendants. (Attachments: # 1 Exhibit Bill 1020, # 2 Exhibit 2021)(Young, Joseph) (Entered: 03/12/2018)

1 Exhibit Bill 1020

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2 Exhibit 2021

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March 12, 2018

March 12, 2018

PACER
17

ORDER should the State of Oklahoma fail to provide funding for community based services in future fiscal years, or fail to provide for appropriate alternatives if those services are cut, a live case or controversy may then exist..at present, one does not; defendants' motion to dismiss 14 is granted...this case is dismissed without prejudice. Signed by Honorable Joe Heaton on 03/26/2018. (lam) (Entered: 03/26/2018)

March 26, 2018

March 26, 2018

PACER
18

JUDGMENT in accordance with order 17 this action is dismissed. Signed by Honorable Joe Heaton on 03/26/2018. (lam) (Entered: 03/26/2018)

March 26, 2018

March 26, 2018

PACER

Case Details

State / Territory: Oklahoma

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Nov. 17, 2017

Closing Date: 2018

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Individuals that were recipients of ADvantage waivers and In-Home Support waivers and whose services were set to be eliminated by Oklahoma Health Care Authority and Oklahoma State Department of Human Services.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

NDRN/Protection & Advocacy Organizations

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

Oklahoma Health Care Authority (OHCA), State

Oklahoma State Departmenet of Human Services (DHS), State

Defendant Type(s):

Hospital/Health Department

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

Declaratory Judgment Act, 28 U.S.C. § 2201

Availably Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

Litigation

Form of Settlement:

Conditional Dismissal

Issues

General:

Housing

Housing assistance

Payment for care

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

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

disability, unspecified

Mental impairment

Mental Disability:

Intellectual/developmental disability, unspecified

Medical/Mental Health:

Medical care, general

Mental health care, general

Benefit Source:

Medicaid