Case: M.J. v. District of Columbia

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

Filed Date: Aug. 14, 2018

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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 Advoc…

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:

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;
Intensive behavior support services: individual therapy provided to the child where they live; and
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.

Plaintiffs filed a motion for class certification on July 19, 2021, seeking to certify a class of "all Medicaid-eligible District of Columbia children who now or in the future are under the age of 21, have a mental health disability, are not receiving medically necessary intensive community-based services, and are unnecessarily institutionalized or at serious risk of institutionalization."

On July 23, 2021, plaintiffs filed an amended complaint, maintaining one of the original named plaintiffs and adding two additional named plaintiffs who were 20 years-old, lived with mental health disabilities, and were frequently placed in residential treatment facilities (one of the two original named plaintiffs moved out of the D.C.).

Litigation continued, and on June 24, 2022, plaintiffs sought leave to amend their complaint again to add an additional named plaintiff who would remain under the age of 21 through 2025. Leave was granted and plaintiff filed a second amended complaint and supplement to their motion class certification on June 28, 2022.

On February 24, 2023, the case was reassigned to Judge Ana C. Reyes.

Plaintiffs' motion for class certification was denied without prejudice on April 4, 2023 and plaintiffs filed a new motion for class certification on May 17, 2023. In their second motion for class certification, plaintiffs sought certification of the same defined class as in their first motion. After a court hearing on July 10, 2023, plaintiffs filed a supplemental memorandum in response to issues raised: (1) an updated proposed class definition; (2) support for the common questions presented by the proposed class; and (3) possible permanent injunctive relief the court could provide. Plaintiffs added "mobile crisis services" and a more detailed definition of "at serious risk of institutionalization." Plaintiffs detailed three common questions to the class and, as to the potential injunctive relief, described three quantifiable criteria for integrated community-based services: identifying the scope of need for ICBS, including all component services; providing all components of ICBS to class members; and identifying benchmark targets for the District's provision of component services.

	Document
2 1:18-cv-01901	Docket [PACER]	July 1, 2020	July 1, 2020 Docket
3 1:18-cv-01901	Complaint	Aug. 14, 2018	Aug. 14, 2018 Complaint
2 1:18-cv-01901	Memorandum and Order	Aug. 14, 2018	Aug. 14, 2018 Order/Opinion
45 1:18-cv-01901	Memorandum Opinion M.J. v. The District of Columbia	July 25, 2019	July 25, 2019 Order/Opinion 401 F.Supp.3d 1
66 1:18-cv-01901	Memorandum Opinion and Order	July 1, 2020	July 1, 2020 Order/Opinion
74-1 1:18-cv-01901	Plaintiffs' Memorandum and Points of Authorities in Support of Their Motion for Class Certification and Appointment of Class Counsel	July 19, 2021	July 19, 2021 Pleading / Motion / Brief

ECF Number	Description	Date	Link 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	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	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	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	Aug. 14, 2018 PACER
	SUMMONS Not Issued as to All Defendants (jf)	Aug. 14, 2018	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	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	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	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	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	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	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	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	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	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	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	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	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	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	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	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	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	Sept. 5, 2018 PACER
	Set/Reset Deadlines: Defendants Response To Plaintiffs' Complaint due by 10/3/2018. (mac)	Sept. 5, 2018	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) 1 Text of Proposed Order View on PACER 2 Exhibit View on RECAP 3 Exhibit View on RECAP 4 Exhibit View on PACER 5 Exhibit View on PACER	Oct. 3, 2018	Oct. 3, 2018 RECAP
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	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	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	Oct. 11, 2018 PACER
24	NOTICE of Change of Address by Howard Schiffman (Schiffman, Howard) (Entered: 10/11/2018)	Oct. 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	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	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	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	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	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	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	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) 1 Exhibit A View on PACER	Oct. 31, 2018	Oct. 31, 2018 RECAP
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	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	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	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	Nov. 16, 2018 RECAP

Case: M.J. v. District of Columbia

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

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