Case: M.J. v. District of Columbia

1:18-cv-01901 | U.S. District Court for the District of Columbia

Filed Date: Aug. 14, 2018

Case Ongoing

Clearinghouse coding complete

Case Summary

On August 14, 2018, two children with mental health disabilities in the District of Columbia and University Legal Services, Inc. filed this lawsuit on behalf of themselves and a class of children with mental health disabilities, in the United States District Court for the District of Columbia. The plaintiffs sued the District of Columbia under:The Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.;Section 504 of the Rehabilitation Act, 29 U.S.C. § 794;The Protection and Advocacy …

On August 14, 2018, two children with mental health disabilities in the District of Columbia and University Legal Services, Inc. filed this lawsuit on behalf of themselves and a class of children with mental health disabilities, in the United States District Court for the District of Columbia. The plaintiffs sued the District of Columbia under:

  • The Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.;
  • Section 504 of the Rehabilitation Act, 29 U.S.C. § 794;
  • The Protection and Advocacy of Individual Rights program, 29 U.S.C. § 794;
  • Title XIX of the Social Security Act (Medicaid Act), 42 U.S.C. § 1396; and
  • 42 U.S.C. § 1983.
The plaintiffs, represented by the National Center for Youth Law, the Bazelon Center for Mental Health Law, in-house counsel, and private counsel, sought declaratory and injunctive relief together with costs and attorney’s fees. The plaintiffs claimed that the District of Columbia failed to comply with mandates of the ADA, Section 504 of the Rehabilitation Act, and the Medicaid Act. Specifically, they claimed that the District of Columbia failed to provide medically necessary intensive community-based services (ICBS) to children with mental health disabilities.

Intensive community-based services consist of three components:

  1. Intensive care coordination (ICC): designing and supervising a plan to provide and coordinate services to children that includes the child, the child’s family, and service providers;
  2. Intensive behavior support services: individual therapy provided to the child where they live; and
  3. Mobile crisis services: crisis response services that can provide care in a child’s home, school, or community.
In their complaint, the plaintiffs acknowledged that the District of Columbia provides some components of ICBS. For example, the District offers the “high fidelity wraparound” ICC program, “community-based intervention” services, and the Assertive Community Treatment (ACT) intensive support program. But the plaintiffs alleged that the District’s existing services “fail[] to provide medically necessary ICBS” for many children who need them.

The complaint did not name the putative class representatives. Instead, the plaintiffs moved that the minor plaintiffs be allowed to proceed anonymously. Chief Judge Beryl A. Howell granted this motion on August 14, 2018. Judge Howell determined that the plaintiffs have a “strong interest” in protecting “highly sensitive details” about their mental health that would be revealed in the litigation that outweighs the government defendants’ “minimal” interest in disclosure.

The District moved to dismiss the case on October 3. First, it argued that the two individual plaintiffs lack standing. The District claimed that the first individual plaintiff refused to use the District’s existing wraparound services, that the second would not be eligible for ICBS because she is in the custody of the Department of Youth Rehabilitation Services, and that the complaint does not allege sufficient facts to support a claim by University Legal Services alone. Second, it argued that the plaintiffs failed to state a claim under the ADA and Rehabilitation Act because the plaintiffs’ allegations involve the adequacy of care rather than where the District provides services. Finally, the District argued that the plaintiffs’ allegations that it violated Medicaid requirements were “threadbare . . . conclusory statements” that could not support a claim under the pleading standard set in Ashcroft v. Iqbal.

On July 25, 2019, the court (now Judge Emmet G. Sullivan) denied the motion to dismiss holding that the individual plaintiffs had standing to bring the suit, had sufficiently stated a claim under the ADA and the Rehabilitation Act, and had sufficiently alleged a § 1983 claim. 401 F.Supp.3d 1.

As of July 2020, discovery is ongoing.

Summary Authors

Timothy Leake (6/1/2019)

Bogyung Lim (7/15/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/7686640/parties/mj-v-district-of-columbia/


Judge(s)

Harvey, G. Michael (District of Columbia)

Howell, Beryl Alaine (District of Columbia)

Sullivan, Emmet G. (District of Columbia)

Attorneys(s) for Plaintiff

Abrokwa, Alice (District of Columbia)

Bernstein, Sandra J (District of Columbia)

Bossing, Lewis (District of Columbia)

Burnim, Ira Abraham (District of Columbia)

Clark, Mary Nell McGarity (District of Columbia)

Den Houter, Jessica Vander Kooi (District of Columbia)

Galanter, Seth Michael (District of Columbia)

Judge(s)

Harvey, G. Michael (District of Columbia)

Howell, Beryl Alaine (District of Columbia)

Sullivan, Emmet G. (District of Columbia)

Attorneys(s) for Plaintiff

Abrokwa, Alice (District of Columbia)

Bernstein, Sandra J (District of Columbia)

Bossing, Lewis (District of Columbia)

Burnim, Ira Abraham (District of Columbia)

Clark, Mary Nell McGarity (District of Columbia)

Den Houter, Jessica Vander Kooi (District of Columbia)

Galanter, Seth Michael (District of Columbia)

Mitchell, Jason Thomas (District of Columbia)

Murphy, Mark J. (District of Columbia)

Nugent, Francis J (District of Columbia)

Schiffman, Howard (District of Columbia)

Siegfried, Jeremy Bachrach (District of Columbia)

Attorneys(s) for Defendant

Bluming, Micah Ian (District of Columbia)

Cumming, Gregory Martin (District of Columbia)

Kelley, Mateya (District of Columbia)

Montee, Amanda (District of Columbia)

Morton, Honey (District of Columbia)

Documents in the Clearinghouse

Document
2

Docket [PACER]

July 1, 2020 Docket
3

Complaint

Aug. 14, 2018 Complaint
2

Memorandum and Order

Aug. 14, 2018 Order/Opinion
45

Memorandum Opinion

M.J. v. The District of Columbia

401 F.Supp.3d 1

July 25, 2019 Order/Opinion
66

Memorandum Opinion and Order

July 1, 2020 Order/Opinion

Resources

Title Description External URL

M.J. v. District of Columbia

Aug. 14, 2018 http://www.bazelon.org/mj-v-district-of-columbia

Docket

See docket on RECAP: https://www.courtlistener.com/docket/7686640/mj-v-district-of-columbia/

Last updated May 13, 2022

ECF Number Description Date Link
1

MOTION for Leave to Allow Parents to Proceed Anonymously by D.M., L.R., M.J., UNIVERSITY LEGAL SERVICES, INC. (jf) (Entered: 08/17/2018)

Aug. 14, 2018 PACER
2

MEMORANDUM & ORDER granting 1 MOTION for Leave to Allow Parents to Proceed Anonymously. Signed by Chief Judge Beryl A. Howell on 08/14/2018. (see order for full details) (jf) (Entered: 08/17/2018)

Aug. 14, 2018 PACER
3

COMPLAINT against MURIEL BOWSER, DISTRICT OF COLUMBIA, TANYA A. ROYSTER, WAYNE TURNAGE ( Filing fee $ 400, receipt number 4616094145) filed by D.M., L.R., M.J., UNIVERSITY LEGAL SERVICES, INC.. (Attachments: # 1 Civil Cover Sheet)(jf) (Additional attachment(s) added on 8/17/2018: # 2 Exhibit Sealed Document) (jf). (Entered: 08/17/2018)

1 Civil Cover Sheet

View on PACER

Aug. 14, 2018 RECAP
4

LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests NONE by UNIVERSITY LEGAL SERVICES, INC. (jf) (Entered: 08/17/2018)

Aug. 14, 2018 PACER

SUMMONS Not Issued as to All Defendants (jf)

Aug. 14, 2018 PACER
5

NOTICE of Appearance by Mary Nell McGarity Clark on behalf of All Plaintiffs (Clark, Mary Nell) (Entered: 08/17/2018)

Aug. 17, 2018 PACER
6

NOTICE of Appearance by Jason Thomas Mitchell on behalf of All Plaintiffs (Mitchell, Jason) (Entered: 08/17/2018)

Aug. 17, 2018 PACER
7

NOTICE of Appearance by Howard Schiffman on behalf of All Plaintiffs (Schiffman, Howard) (Entered: 08/17/2018)

Aug. 17, 2018 PACER
8

REQUEST FOR SUMMONS TO ISSUE re 3 Complaint, filed by D.M., L.R., M.J., UNIVERSITY LEGAL SERVICES, INC.. Related document: 3 Complaint, filed by D.M., L.R., M.J., UNIVERSITY LEGAL SERVICES, INC..(Mitchell, Jason) (Entered: 08/17/2018)

Aug. 17, 2018 PACER
9

STANDING ORDER: The parties are directed to read the attached Standing Order Governing Civil Cases Before Judge Emmet G. Sullivan in its entirety upon receipt. The parties are hereby ORDERED to comply with the directives in the attached Standing Order. Signed by Judge Emmet G. Sullivan on 08/20/18. (Attachment: # 1 Exhibit 1) (mac) (Entered: 08/20/2018)

Aug. 20, 2018 PACER
10

NOTICE of Appearance by Alice Y. Abrokwa on behalf of All Plaintiffs (Abrokwa, Alice) (Entered: 08/20/2018)

Aug. 20, 2018 PACER
11

NOTICE of Appearance by Ira A. Burnim on behalf of All Plaintiffs (Burnim, Ira) (Entered: 08/20/2018)

Aug. 20, 2018 PACER
12

SUMMONS (4) Issued Electronically as to MURIEL BOWSER, DISTRICT OF COLUMBIA, TANYA A. ROYSTER, WAYNE TURNAGE, District of Columbia Attorney General, and the District of Columbia Mayor. (jf) (Entered: 08/21/2018)

Aug. 21, 2018 PACER
13

NOTICE of Appearance by Seth Michael Galanter on behalf of All Plaintiffs (Galanter, Seth) (Entered: 08/21/2018)

Aug. 21, 2018 PACER
14

NOTICE of Appearance by Amanda J. Montee on behalf of All Defendants (Montee, Amanda) (Entered: 08/27/2018)

Aug. 27, 2018 PACER
15

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the District of Columbia Attorney General. Date of Service Upon District of Columbia Attorney General 8/22/2018. Answer due for ALL D.C. DEFENDANTS by 9/12/2018. (Mitchell, Jason) (Entered: 08/29/2018)

Aug. 29, 2018 PACER
16

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on the Mayor of the District of Columbia. Date of Service Upon the Mayor for the District of Columbia on 8/22/2018. (Mitchell, Jason) (Entered: 08/29/2018)

Aug. 29, 2018 PACER
17

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. TANYA A. ROYSTER served on 8/22/2018 (Mitchell, Jason) (Entered: 08/29/2018)

Aug. 29, 2018 PACER
18

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. WAYNE TURNAGE served on 8/22/2018 (Mitchell, Jason) (Entered: 08/29/2018)

Aug. 29, 2018 PACER
19

NOTICE of Appearance by Gregory Martin Cumming on behalf of All Defendants (Cumming, Gregory) (Entered: 08/29/2018)

Aug. 29, 2018 PACER
20

MOTION for Extension of Time to File Answer re 3 Complaint, by MURIEL BOWSER, DISTRICT OF COLUMBIA, TANYA A. ROYSTER, WAYNE TURNAGE (Attachments: # 1 Text of Proposed Order)(Montee, Amanda) (Entered: 09/04/2018)

Sept. 4, 2018 PACER

MINUTE ORDER granting 20 Defendants' unopposed motion for an extension of time to respond to Plaintiffs' complaint. Defendants shall respond to Plaintiffs' complaint by no later than October 3, 2018. Signed by Judge Emmet G. Sullivan on 9/5/2018. (lcegs2)

Sept. 5, 2018 PACER

Set/Reset Deadlines: Defendants Response To Plaintiffs' Complaint due by 10/3/2018. (mac)

Sept. 5, 2018 PACER
21

MOTION to Dismiss by DISTRICT OF COLUMBIA (Attachments: # 1 Text of Proposed Order, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit)(Montee, Amanda) (Entered: 10/03/2018)

Oct. 3, 2018 PACER
22

MOTION for Extension of Time to File Motion For Class Certification, And For An Order Requiring The Parties To Meet And Confer And Submit A Proposed Scheduling Order by D.M., J.J., L.R., M.J., UNIVERSITY LEGAL SERVICES, INC. (Attachments: # 1 Text of Proposed Order)(Bossing, Lewis). Added MOTION for Order on 10/4/2018 (jf). (Entered: 10/04/2018)

Oct. 4, 2018 PACER
23

Consent MOTION for Extension of Time to File Response/Reply as to 21 MOTION to Dismiss by D.M., J.J., L.R., M.J., UNIVERSITY LEGAL SERVICES, INC. (Attachments: # 1 Text of Proposed Order)(Bossing, Lewis) (Entered: 10/10/2018)

Oct. 10, 2018 PACER

MINUTE ORDER granting 23 plaintiffs' consent motion for extension of time. Plaintiffs shall respond to defendants' motion to dismiss by no later than October 31, 2018, and defendants shall file any reply in support of their motion to dismiss by no later than November 16, 2018. Signed by Judge Emmet G. Sullivan on 10/11/2018. (lcegs2)

Oct. 11, 2018 PACER
24

NOTICE of Change of Address by Howard Schiffman (Schiffman, Howard) (Entered: 10/11/2018)

Oct. 11, 2018 PACER

Set/Reset Deadlines: Plaintiffs Response To Defendants' Motion To Dismiss due by 10/31/2018. Defendants Reply In Support Of Their Motion To Dismiss due by 11/16/2018. (mac)

Oct. 11, 2018 PACER
25

Memorandum in opposition to re 22 MOTION for Extension of Time to File Motion For Class Certification, And For An Order Requiring The Parties To Meet And Confer And Submit A Proposed Scheduling Order MOTION for Order Requiring The Parties To Meet And Confer And Submit A Proposed Scheduling Order filed by MURIEL BOWSER, DISTRICT OF COLUMBIA, TANYA A. ROYSTER, WAYNE TURNAGE. (Attachments: # 1 Text of Proposed Order)(Montee, Amanda) (Entered: 10/18/2018)

1 Text of Proposed Order

View on RECAP

Oct. 18, 2018 PACER
26

NOTICE of Appearance by Jessica Vander Kooi Den Houter on behalf of All Plaintiffs (Den Houter, Jessica) (Entered: 10/22/2018)

Oct. 22, 2018 PACER
27

REPLY to opposition to motion re 22 MOTION for Extension of Time to File Motion For Class Certification, And For An Order Requiring The Parties To Meet And Confer And Submit A Proposed Scheduling Order MOTION for Order Requiring The Parties To Meet And Confer And Submit A Proposed Scheduling Order filed by D.M., J.J., L.R., M.J., UNIVERSITY LEGAL SERVICES, INC.. (Bossing, Lewis) (Entered: 10/24/2018)

Oct. 24, 2018 PACER

MINUTE ORDER granting 22 Motion for Extension of Time File Motion For Class Certification; and granting in part and denying in part 22 Motion for Order. Defendants have consented to plaintiffs' motion to stay plaintiffs' obligation to file a motion for class certification until a date after fact discovery is scheduled, but have declined to discuss the scope or date of any discovery. Therefore, the parties have not discussed how discovery might be tailored in this case to the class certification decision. In the absence of a more definite explanation of the scope of discovery the plaintiffs seek to take, the Court cannot consider whether they have demonstrated good cause to support that discovery. Accordingly, the Court DENIES plaintiffs request for an Order directing the parties to file a scheduling order that encompasses discovery. The Court GRANTS the plaintiffs' request for an Order for an extension of time to file the motion for class certification and an Order directing the parties to meet and confer. The deadline to file a motion for class certification is hereby STAYED. The parties are directed to meet and confer by no later than November 13, 2018. If the parties agree on the scope of discovery limited to class certification issues, the parties shall file a proposed scheduling order by no later than November 16, 2018. If the parties cannot agree, plaintiffs may file a motion for expedited discovery. If the plaintiffs file a motion for expedited discovery they must provide an explanation of the precise discovery they seek to take, including an explanation of how that discovery would be limited to ensure that it does not become full discovery on the merits of their claims, along with an explanation of how the good cause they seek to show supports the taking of that specific discovery. Signed by Judge Emmet G. Sullivan on 10/29/2018. (lcegs2)

Oct. 29, 2018 PACER

Set/Reset Deadlines: Parties Meet and Confer by 11/13/2018. Proposed Scheduling Order due by 11/16/2018. (mac)

Oct. 30, 2018 PACER
28

NOTICE of Appearance by Jeremy Bachrach Siegfried on behalf of D.M., J.J., L.R., M.J., UNIVERSITY LEGAL SERVICES, INC. (Siegfried, Jeremy) (Entered: 10/31/2018)

Oct. 31, 2018 PACER
29

Memorandum in opposition to re 21 MOTION to Dismiss filed by D.M., J.J., L.R., M.J., UNIVERSITY LEGAL SERVICES, INC.. (Attachments: # 1 Exhibit A)(Mitchell, Jason) (Entered: 10/31/2018)

Oct. 31, 2018 PACER
30

SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by D.M., J.J., L.R., M.J., UNIVERSITY LEGAL SERVICES, INC. (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Memorandum in Support, # 2 Declaration of J.J., # 3 Declaration of Jane Brown, # 4 Text of Proposed Order)(Mitchell, Jason) (Entered: 10/31/2018)

Oct. 31, 2018 PACER
31

NOTICE of Appearance by Mark J Murphy on behalf of All Plaintiffs (Murphy, Mark) (Entered: 11/02/2018)

Nov. 2, 2018 PACER
32

NOTICE of Compliance with October 29, 2018 Order by D.M., J.J., L.R., M.J., UNIVERSITY LEGAL SERVICES, INC. re Order on Motion for Extension of Time to,,,,,,,, Order on Motion for Order,,,,,,, (Bossing, Lewis) (Entered: 11/16/2018)

Nov. 16, 2018 PACER
33

REPLY to opposition to motion re 21 MOTION to Dismiss filed by MURIEL BOWSER, DISTRICT OF COLUMBIA, TANYA A. ROYSTER, WAYNE TURNAGE. (Cumming, Gregory) (Entered: 11/16/2018)

Nov. 16, 2018 PACER
34

MOTION to Expedite Discovery by D.M., J.J., L.R., M.J., UNIVERSITY LEGAL SERVICES, INC. (Attachments: # 1 Memorandum in Support, # 2 Exhibit A, # 3 Text of Proposed Order)(Bossing, Lewis) (Entered: 12/10/2018)

1

View on RECAP

Dec. 10, 2018 PACER
35

Memorandum in opposition to re 34 MOTION to Expedite Discovery filed by MURIEL BOWSER, DISTRICT OF COLUMBIA, TANYA A. ROYSTER, WAYNE TURNAGE. (Attachments: # 1 Text of Proposed Order)(Montee, Amanda) (Entered: 12/20/2018)

Dec. 20, 2018 PACER
36

REPLY to opposition to motion re 34 MOTION to Expedite Discovery filed by D.M., J.J., L.R., M.J., UNIVERSITY LEGAL SERVICES, INC.. (Bossing, Lewis) (Entered: 12/27/2018)

Dec. 27, 2018 PACER
37

NOTICE OF SUBSTITUTION OF COUNSEL by Mateya Beth Kelley on behalf of All Defendants Substituting for attorney Amanda J. Montee (Kelley, Mateya) (Entered: 12/28/2018)

Dec. 28, 2018 PACER
38

NOTICE of Appearance by Sandra J. Bernstein on behalf of All Plaintiffs (Bernstein, Sandra) (Entered: 01/04/2019)

Jan. 4, 2019 PACER
39

NOTICE of Appearance by Francis Javier Nugent on behalf of All Plaintiffs (Nugent, Francis) (Entered: 04/04/2019)

April 4, 2019 PACER
40

REDACTED DOCUMENT- Declaration to 21 MOTION to Dismiss of J.J. by D.M., J.J., L.R., M.J.. (Mitchell, Jason) (Entered: 06/13/2019)

June 13, 2019 PACER
41

REDACTED DOCUMENT- Declaration to 21 MOTION to Dismiss of Jane Brown by D.M., J.J., L.R., M.J.. (Mitchell, Jason) (Entered: 06/13/2019)

June 13, 2019 PACER
42

MOTION to Withdraw by D.M., J.J., L.R., M.J., UNIVERSITY LEGAL SERVICES, INC. (Murphy, Mark) (Entered: 07/10/2019)

July 10, 2019 RECAP

Order on Motion to Withdraw

July 16, 2019 PACER

MINUTE ORDER granting 42 motion to withdraw. Mark J. Murphy is no longer an attorney of record in this case. Signed by Judge Emmet G. Sullivan on 7/16/2019. (lcegs2)

July 16, 2019 PACER
43

NOTICE OF SUPPLEMENTAL AUTHORITY by D.M., J.J., L.R., M.J., UNIVERSITY LEGAL SERVICES, INC. (Mitchell, Jason) (Entered: 07/16/2019)

July 16, 2019 PACER
44

ORDER denying 21 motion to dismiss. Signed by Judge Emmet G. Sullivan on 7/25/2019. (lcegs2) (Entered: 07/25/2019)

July 25, 2019 PACER

Order on Motion to Expedite

July 25, 2019 PACER

.Order

July 25, 2019 PACER
45

MEMORANDUM OPINION. Signed by Judge Emmet G. Sullivan on 7/25/2019. (lcegs2) (Entered: 07/25/2019)

July 25, 2019 RECAP

MINUTE ORDER finding as moot 34 motion to expedite. In light of 44 the Court's Order denying defendants' motion to dismiss, the Court finds as moot plaintiffs' motion to expedite discovery. Signed by Judge Emmet G. Sullivan on 7/25/2019. (lcegs2)

July 25, 2019 PACER

MINUTE ORDER directing the parties to file a joint status report with a recommendation for further proceedings by no later than August 1, 2019. Signed by Judge Emmet G. Sullivan on 7/25/2019. (lcegs2)

July 25, 2019 PACER

Set/Reset Deadlines

July 26, 2019 PACER

Set/Reset Deadlines: Joint Status Report due by 8/1/2019. (mac)

July 26, 2019 PACER
46

Joint STATUS REPORT by D.M., J.J., L.R., M.J., UNIVERSITY LEGAL SERVICES, INC.. (Mitchell, Jason) (Entered: 08/01/2019)

Aug. 1, 2019 PACER
47

Consent MOTION for Extension of Time to File Answer re 3 Complaint, by MURIEL BOWSER, DISTRICT OF COLUMBIA, TANYA A. ROYSTER, WAYNE TURNAGE (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Cumming, Gregory) (Entered: 08/07/2019)

Aug. 7, 2019 PACER

Order on Motion for Extension of Time to Answer

Aug. 7, 2019 PACER

.Order

Aug. 7, 2019 PACER

MINUTE ORDER. In light of 46 the parties' joint status report, the parties are directed to file a further status report and a proposed joint scheduling order by no later than August 22, 2019. Signed by Judge Emmet G. Sullivan on 8/7/2019. (lcegs2)

Aug. 7, 2019 PACER

MINUTE ORDER granting 47 defendants' motion for extension of time. Defendants shall file an answer to plaintiffs' complaint by no later than August 15, 2019. Signed by Judge Emmet G. Sullivan on 8/7/2019. (lcegs2)

Aug. 7, 2019 PACER

Set/Reset Deadlines

Aug. 8, 2019 PACER

Set/Reset Deadlines: Further Status Report due by 8/22/2019. (mac)

Aug. 8, 2019 PACER

Set/Reset Deadlines: Defendant Answer To Plaintiffs' Complaint due by 8/15/2019. (mac)

Aug. 8, 2019 PACER
48

ANSWER to 3 Complaint, with Jury Demand by MURIEL BOWSER, DISTRICT OF COLUMBIA, TANYA A. ROYSTER, WAYNE TURNAGE.(Cumming, Gregory) (Entered: 08/15/2019)

Aug. 15, 2019 RECAP
49

MEET AND CONFER STATEMENT. (Attachments: # 1 Plaintiff's Proposed Scheduling Order, # 2 Defendant's Proposed Scheduling Order)(Mitchell, Jason) (Entered: 08/22/2019)

Aug. 22, 2019 PACER
50

NOTICE OF WITHDRAWAL OF APPEARANCE as to D.M., J.J., L.R., M.J., UNIVERSITY LEGAL SERVICES, INC.. Attorney Jeremy Bachrach Siegfried terminated. (Siegfried, Jeremy) (Entered: 08/26/2019)

Aug. 26, 2019 RECAP
51

NOTICE OF WITHDRAWAL OF APPEARANCE as to D.M., J.J., L.R., M.J., UNIVERSITY LEGAL SERVICES, INC.. Attorney Francis Javier Nugent terminated. (Nugent, Francis) (Entered: 09/19/2019)

Sept. 19, 2019 RECAP
52

NOTICE of Appearance by Micah Ian Bluming on behalf of All Defendants (Bluming, Micah) (Entered: 10/22/2019)

Oct. 22, 2019 PACER
53

Joint MOTION for Protective Order by D.M., J.J., L.R., M.J., UNIVERSITY LEGAL SERVICES, INC. (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order With Exhibit A)(Mitchell, Jason) (Entered: 10/24/2019)

Oct. 24, 2019 PACER
54

STIPULATED PROTECTIVE ORDER setting forth procedures for handling confidential material; allowing designated material to be filed under seal Signed by Judge Emmet G. Sullivan on 10/24/19. (mac) (Entered: 10/25/2019)

Oct. 25, 2019 RECAP

Set/Reset Deadlines

Nov. 4, 2019 PACER

.Order

Nov. 4, 2019 PACER

MINUTE ORDER. Upon consideration of the 49 parties' proposed scheduling orders, the following schedule shall govern these proceedings: Fact discovery shall be limited to class certification issues and shall close on May 18, 2020. Plaintiffs shall file their motion for class certification by no later than March 9, 2020. Defendants shall file a response by no later than May 18, 2020. Plaintiffs shall file a reply by no later than June 15, 2020. Any rebuttal discovery shall be completed by no later than June 15, 2020. Signed by Judge Emmet G. Sullivan on 11/4/2019. (lcegs2)

Nov. 4, 2019 PACER

Set/Reset Deadlines: Fact Discovery due by 5/18/2020. Plaintiffs Motion For Class Certification due by 3/9/2020. Defendants Responses due by 5/18/2020. Plaintiffs Reply due by 6/15/2020. Rebuttal Discovery due by 6/15/2020. (mac)

Nov. 4, 2019 PACER
55

MOTION to Compel Discovery by D.M., J.J., L.R., M.J., UNIVERSITY LEGAL SERVICES, INC. (Attachments: # 1 Memorandum in Support, # 2 Exhibit A-Defendants Objections and Responses to Plaintiffs Second Set of Interrogatories, # 3 Text of Proposed Order)(Mitchell, Jason) (Entered: 01/21/2020)

Jan. 21, 2020 PACER
56

MOTION to Withdraw M.J. as a Named Plaintiff by D.M., J.J., L.R., M.J., UNIVERSITY LEGAL SERVICES, INC. (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Mitchell, Jason) (Entered: 01/30/2020)

Jan. 30, 2020 PACER
57

SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by D.M., J.J., L.R., M.J., UNIVERSITY LEGAL SERVICES, INC. (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Memorandum in Support, # 2 Declaration of J.J., # 3 Text of Proposed Order)(Mitchell, Jason) (Entered: 01/30/2020)

Jan. 30, 2020 PACER
58

SEALED Declaration of J.J. re 56 MOTION to Withdraw M.J. as a Named Plaintiff filed by J.J., D.M., L.R., M.J., UNIVERSITY LEGAL SERVICES, INC. (This document is SEALED and only available to authorized persons.)(zjf) (Entered: 02/03/2020)

Jan. 31, 2020 PACER
59

Memorandum in opposition to re 55 MOTION to Compel Discovery filed by MURIEL BOWSER, DISTRICT OF COLUMBIA, TANYA A. ROYSTER, WAYNE TURNAGE. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C)(Cumming, Gregory) (Entered: 02/04/2020)

Feb. 4, 2020 PACER
60

REDACTED DOCUMENT- Declaration of J.J. to 56 MOTION to Withdraw M.J. as a Named Plaintiff by D.M., J.J., L.R., M.J., UNIVERSITY LEGAL SERVICES, INC.. (Mitchell, Jason) (Entered: 02/05/2020)

Feb. 5, 2020 PACER
61

REPLY to opposition to motion re 55 MOTION to Compel Discovery filed by D.M., J.J., L.R., M.J., UNIVERSITY LEGAL SERVICES, INC.. (Mitchell, Jason) (Entered: 02/11/2020)

Feb. 11, 2020 RECAP
62

MOTION for Extension of Time to File the Motion for Class Certification and Related Deadlines by D.M., J.J., L.R., M.J., UNIVERSITY LEGAL SERVICES, INC. (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Mitchell, Jason) (Entered: 02/20/2020)

Feb. 20, 2020 PACER

Set/Reset Deadlines

Feb. 21, 2020 PACER

Order on Motion for Extension of Time to

Feb. 21, 2020 PACER

MINUTE ORDER granting 62 Plaintiff's Consent Motion to Extend Time to File Their Motion for Class Certification and Related Deadlines. Plaintiffs shall file its Motion for Class Certification by no later than May 4, 2020; Defendants shall file its Opposition to Plaintiffs' Motion for Class Certification by no later than July 13, 2020; Fact discovery on class certification issues shall close on July 13, 2020; Plaintiffs shall file any Reply by no later than August 10, 2020; and Any rebuttal discovery related to class certification shall be completed by August 10, 2020. Signed by Judge Emmet G. Sullivan on 2/21/2020. (lcegs2)

Feb. 21, 2020 PACER

Set/Reset Deadlines: Plaintiffs Motion For Class Certification due by 5/4/2020. Defendants Opposition To Plaintiffs Motion For Class Certification due by 7/13/2020. Fact Discovery On Class Certification Issues Shall Close by 7/13/2020. Plaintiffs Reply due by 8/10/2020. Rebuttal Discovery Related To Class Certification Shall Be Completed by 8/10/2020. (mac)

Feb. 21, 2020 PACER
63

NOTICE OF SUBSTITUTION OF COUNSEL by Honey C. Morton on behalf of All Defendants Substituting for attorney Gregory M. Cumming (Morton, Honey) (Entered: 02/24/2020)

Feb. 24, 2020 PACER

Order on Motion to Withdraw

Feb. 25, 2020 PACER

Order Referring Case to Magistrate Judge

Feb. 25, 2020 PACER

VACATED PURSUANT TO MINUTE ORDER FILED 4/6/2020.....MINUTE ORDER. Pursuant to Local Civil Rule 72.3(a)(3), the Court hereby refers 55 Plaintiff's pending MOTION to Compel Discovery to Magistrate Judge Harvey for a report and recommendation. Signed by Judge Emmet G. Sullivan on 2/25/2020. (lcegs2) Modified on 4/7/2020 (znmw).

Feb. 25, 2020 PACER

MINUTE ORDER granting as uncontested 56 PLAINTIFFS' MOTION TO WITHDRAW M.J. AS A NAMED PLAINTIFF in this case. M.J. is HEREBY WITHDRAWN as a plaintiff in this case. Signed by Judge Emmet G. Sullivan on 2/25/2020. (lcegs2)

Feb. 25, 2020 PACER

CASE DIRECTLY REFERRED to Magistrate Judge G. Michael Harvey for report and recommendation. (zsb)

Feb. 25, 2020 PACER

Case Referred to Magistrate Judge

Feb. 26, 2020 PACER
64

NOTICE of Change of Address by Lewis L. Bossing, Jr (Bossing, Lewis) (Entered: 02/28/2020)

Feb. 28, 2020 PACER

State / Territory: District of Columbia

Case Type(s):

Disability Rights/Public Accommodations

Key Dates

Filing Date: Aug. 14, 2018

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Two children with mental health disabilities in the District of Columbia and University Legal Services, Inc.

Plaintiff Type(s):

Private Plaintiff

Non-profit NON-religious organization

Attorney Organizations:

NDRN/Protection & Advocacy Organizations

Bazelon Center

National Center for Youth Law

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

District of Columbia (Washington, DC, District of Columbia), State

District of Columbia Department of Behavioral Health (Washington, DC, District of Columbia), State

District of Columbia Department of Health Care Finance (Washington, DC, District of Columbia), State

Defendant Type(s):

Jurisdiction-wide

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)

Protection and Advocacy of Individual Rights (PAIR), 29 U.S.C. § 794e

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General:

Government Services

Juveniles

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

Rehabilitation

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

Integrated setting

Mental impairment

Mental Disability:

Depression

Mental Illness, Unspecified

Medical/Mental Health:

Intellectual/Developmental Disability

Mental health care, general

Benefit Source:

Medicaid