Case: Dunakin v. Quiqley

2:14-cv-00567 | U.S. District Court for the Western District of Washington

Filed Date: April 16, 2014

Closed Date: Sept. 30, 2020

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Case Summary

After budget cuts, an intermediate care facility serving individuals with intellectual disabilities operated by Washington State was ordered to cut costs by up to $1.8 million. To comply with the October 2010 order, management moved 27 residents from the intermediate care facility to its nursing facility and simultaneously reduced programs and staffing at both sites. After bringing problems to the attention of state agencies, investigations by Disability Rights Washington (DRW)—the state National Disability Rights Network organization—found materially significant loss of services, findings which were confirmed by the Center for Medicaid and Medicare Services (CMS). In fact, CMS found over 40,000 violations of the NHRA pertaining to these 27 individuals alone.

CMS found that Washington State failed to comply with Nursing Home Reform Act (NHRA), that residents were housed in inappropriate settings, the transfer violated federal law, and as a result the state had received federal funds in error. CMS then announced an expansion of the investigation to other state-operated, Medicaid-certified nursing facilities. Pertinent state departments issued a corrective action plan in response to CMS’s findings.

DRW claimed the correction plan was inadequate in a complaint it filed on April 16, 2014 on behalf of a class of plaintiffs of people with intellectual disabilities. Filed in the U.S. District Court for the Western District of Washington, the plaintiffs sued the Secretary of the Washington State Department of Social and Health Services and the Director of the Washington State Health Care Authority in their official capacities under the Medicaid Act and the Nursing Home Reform Act (NHRA). The plaintiffs, represented by both DRW and a private firm, sought injunctive and declaratory relief to require defendants to establish an adequate system to provide Pre-admission Screening and Resident Review (PASRR) screenings, assessments, specialized services, and, when appropriate, community-based integrated placement for class members who reside in privately-operated Medicaid-certified Nursing Facilities.

Defendants filed an answer on May 8, 2014. The plaintiff moved for class certification on October 17, 2014 and filed a motion for partial summary judgment on the issue of the proper standard for PASRR screenings and evaluations. On November 10, 2014 defendants responded to plaintiffs’ motions and moved to dismiss plaintiff’s claims and for partial summary judgment. The motions were resolved by the court on April 10, 2015 with Judge James L. Robart ruling mostly in favor of the plaintiffs. 99 F.Supp.3d 1297. The Judge granted part of defendant’s motion to dismiss, but gave plaintiffs leave to amend the complaint and file a valid claim.

The Court certified a class (April 10, 2015) comprised of all individuals who: (A) are or will be residents of Medicaid-certified, privately-operated nursing facilities in the State of Washington; and (B) who are Medicaid recipients with an intellectual disability or related condition(s) such that they are eligible to be screened and assessed pursuant to 42 U.S.C. § 1396r(e)(7) and 42 C.F.R. § 483.122 et seq.

The defendants appealed the class certification on April 24, 2015 to the US Court of Appeals for the Ninth Circuit, Docket #:15-80076. The defendants claimed that the plaintiff’s only allegation was that he should have been a part of this class, so therefore was not qualified to represent it. On August 10, 2015, Judges Michael Daly Hawkins and Andrew D. Hurwitz of the Ninth Circuit denied permission to appeal.

After negotiations, in August of 2016, the plaintiffs filed an unopposed motion for approval of a settlement agreement, class certification, and a settlement approval hearing and process. The settlement agreement required copies to be sent to every member of the class. Class members would also be notified of the date and time of the final settlement hearing. Any objecting class member had an opportunity to speak at the final hearing.

After giving time for notice to be provided to all class members, the final settlement hearing took place on January 9, 2017. The court approved the final settlement agreement on January 10, 2017. 2017 WL 123011. The settlement provided for a comprehensive reform of defendant’s PASRR screenings required under the NHRA, establishing procedures for timeliness of evaluations, Post-PASRR meetings, provision of specialized services to increase class members’ independence and/or discharge planning for class members who are medically able and willing to live in an alternative placement in the community. It also established metrics for monitoring implementation of new PASRR system, with reporting to class counsel on a quarterly basis. The court retained jurisdiction over the case and the settlement agreement. Lodestar attorneys’ fees of over $600,000 were scheduled to be paid by defendants.

The settlement was under court supervision through September 30, 2020 and provided for a joint court order to terminate the case if the defendants showed that they completed all requirements before the September 2020 date.

On March 23, 2021 the case was dismissed pursuant to the Settlement Agreement and the case is now closed.

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Summary Authors

Malcolm Clayton (2/9/2019)

Maddie McFee (11/3/2019)

Nina Charap (5/3/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4411395/parties/dunakin-v-quigley/

Judge(s)

Attorney for Plaintiff

Eaton, Sarah (Washington)

Hamburger, Eleanor (Washington)

Attorney for Defendant

Coats, Sarah (Washington)

Comeau, Gina L (Washington)

Erickson, Courtlan P (Washington)

Judge(s)

Robart, James L. (Washington)

Attorney for Plaintiff

Eaton, Sarah (Washington)

Hamburger, Eleanor (Washington)

Kas, Susan Linn (Washington)

McCarthy, Angela D. Coats (Washington)

Attorney for Defendant

Coats, Sarah (Washington)

Comeau, Gina L (Washington)

Erickson, Courtlan P (Washington)

Iversen, Nissa Ann (Washington)

King, Matthew S (Washington)

Meyer, Jennifer Smith (Washington)

Mingay, Craig B (Washington)

Sackett-Danpullo, Susan (Washington)

Teed, Michelle (Washington)

Young, Alicia O (Washington)

Ziser, Gregory K (Washington)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
2:14-cv-00567	Docket [WestLaw] Dunakin v. Quigley	Feb. 18, 2017	Feb. 18, 2017 Docket
1 2:14-cv-00567	Complaint Dunakin v. Quigley	April 16, 2014	April 16, 2014 Complaint
43 2:14-cv-00567	Order on Motions to Dismiss and Class Certification Dunakin v. Quigley	April 10, 2015	April 10, 2015 Order/Opinion 99 F.Supp.3d 1297
52 2:14-cv-00567	Amended Complaint Dunakin v. Quigley	May 8, 2015	May 8, 2015 Complaint
58 2:14-cv-00567	Order Denying Defendants' Motion for Reconsideration Dunakin v. Quigley	July 1, 2015	July 1, 2015 Order/Opinion 2015 WL 4076789
71-1 2:14-cv-00567	Final Settlement Agreement	Aug. 15, 2016	Aug. 15, 2016 Settlement Agreement
81 2:14-cv-00567	Motion for Final Approval of Settlement Dunakin v. Quigley	Dec. 28, 2016	Dec. 28, 2016 Pleading / Motion / Brief
85 2:14-cv-00567	Order Granting Final Approval of Settlement Dunakin v. Quigley	Jan. 9, 2017	Jan. 9, 2017 Order/Opinion 2017 WL 2899793

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Resources

Title	Description		External URL Date / External URL
Dunakin v. Lashway and Teeter			https://www.disabilityrightswa.org/...

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/4411395/dunakin-v-quigley/

Last updated Dec. 17, 2024, 7:57 a.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT (Class Action) against defendant(s) All Defendants (Receipt # 0981-3573937) Attorney Eleanor Hamburger added to party Adam Dunakin(pty:pla), filed by Adam Dunakin. (Attachments: # 1 Appendix A, # 2 Appendix B, # 3 Appendix C, # 4 Civil Cover Sheet, # 5 Summons)(Hamburger, Eleanor) (Entered: 04/16/2014) 1 Appendix A View on PACER 2 Appendix B View on PACER 3 Appendix C View on PACER 4 Civil Cover Sheet View on PACER 5 Summons View on PACER	April 16, 2014	April 16, 2014 RECAP
2	Summons issued electronically as to defendant Kevin W Quigley (Attachments: # 1 Summons for Dorothy F Teeter)(PM) (Entered: 04/17/2014) 1 Summons for Teeter View on PACER	April 17, 2014	April 17, 2014 PACER
3	NOTICE of Appearance by attorney Angela D. Coats McCarthy on behalf of Defendants Kevin W Quigley, Dorothy F Teeter. (Coats McCarthy, Angela) (Entered: 04/25/2014)	April 25, 2014	April 25, 2014 PACER
4	AFFIDAVIT of Service of Summons and Complaint on Marie Hendershot, person authorized to accept service for Kevin W. Quigley as Secretary for Washington State DSHS on 4/21/2014, filed by Plaintiff Adam Dunakin. (Hamburger, Eleanor) (Entered: 04/29/2014)	April 29, 2014	April 29, 2014 PACER
5	AFFIDAVIT of Service of Summons and Complaint on Keren Brocha, person authorized to accept service for Dorothy F. Teeter as Director for Washington State Health Care Authority on 4/18/2014, filed by Plaintiff Adam Dunakin. (Hamburger, Eleanor) (Entered: 04/29/2014)	April 29, 2014	April 29, 2014 PACER
6	AFFIDAVIT of Service of Summons and Complaint on Charlotte Sanders, Assistant Attorney General on 4/18/2014, filed by Plaintiff Adam Dunakin. (Hamburger, Eleanor) (Entered: 04/29/2014)	April 29, 2014	April 29, 2014 PACER
7	ANSWER to 1 Complaint, by Kevin W Quigley, Dorothy F Teeter.(Coats McCarthy, Angela) (Entered: 05/08/2014)	May 8, 2014	May 8, 2014 PACER
8	ORDER REGARDING INITIAL DISCLOSURES AND JOINT STATUS REPORT Joint Status Report due by 7/28/2014, FRCP 26f Conference Deadline is 7/14/2014, Initial Disclosure Deadline is 7/28/2014, by Judge James L. Robart. (CC) (Entered: 05/28/2014)	May 28, 2014	May 28, 2014 PACER
9	Rule 16(b) and Rule 23(d)(2) Scheduling Order Regarding Class Certification Motion by Judge James L. Robart. (CC) (Entered: 05/29/2014)	May 29, 2014	May 29, 2014 PACER
10	NOTICE of Appearance by attorney Michelle Teed on behalf of Defendants Kevin W Quigley, Dorothy F Teeter. (Teed, Michelle) (Entered: 06/25/2014)	June 25, 2014	June 25, 2014 PACER
11	JOINT STATUS REPORT signed by all parties estimated Trial Days: 8.. (Coats McCarthy, Angela) (Entered: 07/28/2014)	July 28, 2014	July 28, 2014 PACER
12	STIPULATION AND PROPOSED ORDER Adapted Model Stipulated Protective Order by parties. (Coats McCarthy, Angela) (Entered: 07/28/2014)	July 28, 2014	July 28, 2014 PACER
13	ORDER re 12 Stipulation Adapted Model Stipulated Protective Order filed by Kevin W Quigley, Dorothy F Teeter by Judge James L. Robart. (MD) (Entered: 07/29/2014)	July 29, 2014	July 29, 2014 PACER
14	Stipulated MOTION Extending the Close of Class Discovery by Defendants Kevin W Quigley, Dorothy F Teeter. Noting Date 9/2/2014, (Coats McCarthy, Angela) (Entered: 09/02/2014)	Sept. 2, 2014	Sept. 2, 2014 PACER
15	ORDER granting 14 Stipulated Motion extending the close of class discovery by Judge James L. Robart.(MD) (Entered: 09/03/2014)	Sept. 3, 2014	Sept. 3, 2014 PACER
16	MOTION to Certify Class [Plaintiff's Motion for Class Certification] by Plaintiff Adam Dunakin. Noting Date 11/14/2014, (Hamburger, Eleanor) (Entered: 10/17/2014)	Oct. 17, 2014	Oct. 17, 2014 PACER
17	MOTION for Partial Summary Judgment Re: Pre-Admission Screening and Resident Review (PASRR) Eligibility by Plaintiff Adam Dunakin. (Attachments: # 1 Appendix 1) Noting Date 11/14/2014, (Hamburger, Eleanor) (Entered: 10/17/2014) 1 Appendix 1 View on PACER	Oct. 17, 2014	Oct. 17, 2014 PACER
18	DECLARATION of Kimberlee Hollinger filed by Plaintiff Adam Dunakin re 17 MOTION for Partial Summary Judgment Re: Pre-Admission Screening and Resident Review (PASRR) Eligibility, 16 MOTION to Certify Class [Plaintiff's Motion for Class Certification] (Hamburger, Eleanor) (Entered: 10/17/2014)	Oct. 17, 2014	Oct. 17, 2014 PACER
19	DECLARATION of Deborah Hill, Ph.D. filed by Plaintiff Adam Dunakin re 17 MOTION for Partial Summary Judgment Re: Pre-Admission Screening and Resident Review (PASRR) Eligibility, 16 MOTION to Certify Class [Plaintiff's Motion for Class Certification] (Attachments: # 1 Exhibit A-B)(Hamburger, Eleanor) (Entered: 10/17/2014) 1 Exhibit A-B View on PACER	Oct. 17, 2014	Oct. 17, 2014 PACER
20	DECLARATION of Susan Kas filed by Plaintiff Adam Dunakin re 17 MOTION for Partial Summary Judgment Re: Pre-Admission Screening and Resident Review (PASRR) Eligibility, 16 MOTION to Certify Class [Plaintiff's Motion for Class Certification] (Attachments: # 1 Exhibit A-D)(Hamburger, Eleanor) (Entered: 10/17/2014) 1 Exhibit A-D View on PACER	Oct. 17, 2014	Oct. 17, 2014 PACER
21	DECLARATION of Eleanor Hamburger filed by Plaintiff Adam Dunakin re 17 MOTION for Partial Summary Judgment Re: Pre-Admission Screening and Resident Review (PASRR) Eligibility, 16 MOTION to Certify Class [Plaintiff's Motion for Class Certification] (Attachments: # 1 Exhibit A-M)(Hamburger, Eleanor) (Entered: 10/17/2014) 1 Exhibit A-M View on PACER	Oct. 17, 2014	Oct. 17, 2014 PACER
22	RESPONSE, by Defendants Kevin W Quigley, Dorothy F Teeter, to 16 MOTION to Certify Class [Plaintiff's Motion for Class Certification]. (Attachments: # 1 Proposed Order)(Coats McCarthy, Angela) (Entered: 11/10/2014) 1 Proposed Order View on PACER	Nov. 10, 2014	Nov. 10, 2014 PACER
23	RESPONSE, by Defendants Kevin W Quigley, Dorothy F Teeter, to 17 MOTION for Partial Summary Judgment Re: Pre-Admission Screening and Resident Review (PASRR) Eligibility. (Attachments: # 1 Proposed Order)(Coats McCarthy, Angela) (Entered: 11/10/2014) 1 Proposed Order View on PACER	Nov. 10, 2014	Nov. 10, 2014 PACER
24	MOTION for Judgment on the Pleadings and Partial Summary Judgment by Defendants Kevin W Quigley, Dorothy F Teeter. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Proposed Order) Noting Date 12/5/2014, (Coats McCarthy, Angela) (Entered: 11/10/2014) 1 Exhibit View on PACER 2 Exhibit View on PACER 3 Proposed Order View on PACER	Nov. 10, 2014	Nov. 10, 2014 PACER
25	MOTION to Seal Declaration of Dr. Christen Kishel by Defendants Kevin W Quigley, Dorothy F Teeter. (Attachments: # 1 Proposed Order) Noting Date 11/21/2014, (Coats McCarthy, Angela) (Entered: 11/10/2014) 1 Proposed Order View on PACER	Nov. 10, 2014	Nov. 10, 2014 PACER
26	SEALED DOCUMENT Declaration of Dr. Christen Kishel by Defendants Kevin W Quigley, Dorothy F Teeter re 25 MOTION to Seal Declaration of Dr. Christen Kishel (Attachments: # 1 Attachment A, # 2 Attachment B)(Coats McCarthy, Angela) (Entered: 11/10/2014)	Nov. 10, 2014	Nov. 10, 2014 PACER
27	DECLARATION of Shannon Manion re 23 Response to Motion by Defendants Kevin W Quigley, Dorothy F Teeter (Attachments: # 1 Attachment A, # 2 Attachment B)(Coats McCarthy, Angela) (Entered: 11/10/2014) 1 Attachment A View on PACER 2 Attachment B View on PACER	Nov. 10, 2014	Nov. 10, 2014 PACER
28	DECLARATION of Terry Hehemann re 23 Response to Motion, 22 Response to Motion by Defendants Kevin W Quigley, Dorothy F Teeter (Attachments: # 1 Attachment A, # 2 Attachment B, # 3 Attachment C)(Coats McCarthy, Angela) (Entered: 11/10/2014) 1 Attachment A View on PACER 2 Attachment B View on PACER 3 Attachment C View on PACER	Nov. 10, 2014	Nov. 10, 2014 PACER
29	DECLARATION of Michelle Teed re 23 Response to Motion, 24 MOTION for Judgment on the Pleadings and Partial Summary Judgment, 22 Response to Motion by Defendants Kevin W Quigley, Dorothy F Teeter (Attachments: # 1 Attachment A, # 2 Attachment B, # 3 Attachment C, # 4 Attachment D, # 5 Attachment E, # 6 Attachment F)(Coats McCarthy, Angela) (Entered: 11/10/2014) 1 Attachment A View on PACER 2 Attachment B View on PACER 3 Attachment C View on PACER 4 Attachment D View on PACER 5 Attachment E View on PACER 6 Attachment F View on PACER	Nov. 10, 2014	Nov. 10, 2014 PACER
30	DECLARATION of Gail Kreiger filed by Defendants Kevin W Quigley, Dorothy F Teeter re 24 MOTION for Judgment on the Pleadings and Partial Summary Judgment (Coats McCarthy, Angela) (Entered: 11/10/2014)	Nov. 10, 2014	Nov. 10, 2014 PACER
31	ORDER granting 25 Defendant's Motion to Seal by Judge James L. Robart.(MD) (Entered: 11/12/2014)	Nov. 12, 2014	Nov. 12, 2014 PACER
32	PRAECIPE to attach document (insert two pages into Exhibit E) re 21 Declaration, by Plaintiff Adam Dunakin (Attachments: # 1 Errata Two pages to be inserted)(Hamburger, Eleanor) (Entered: 11/14/2014) 1 Errata Two pages to be inserted View on PACER	Nov. 14, 2014	Nov. 14, 2014 PACER
33	REPLY, filed by Plaintiff Adam Dunakin, TO RESPONSE to 16 MOTION to Certify Class [Plaintiff's Motion for Class Certification] (Hamburger, Eleanor) (Entered: 11/14/2014)	Nov. 14, 2014	Nov. 14, 2014 PACER
34	REPLY, filed by Plaintiff Adam Dunakin, TO RESPONSE to 17 MOTION for Partial Summary Judgment Re: Pre-Admission Screening and Resident Review (PASRR) Eligibility (Hamburger, Eleanor) (Entered: 11/14/2014)	Nov. 14, 2014	Nov. 14, 2014 PACER
35	DECLARATION of David Carlson filed by Plaintiff Adam Dunakin re 17 MOTION for Partial Summary Judgment Re: Pre-Admission Screening and Resident Review (PASRR) Eligibility, 16 MOTION to Certify Class [Plaintiff's Motion for Class Certification] (Attachments: # 1 Exhibit A-D)(Hamburger, Eleanor) (Entered: 11/14/2014) 1 Exhibit A-D View on PACER	Nov. 14, 2014	Nov. 14, 2014 PACER
36	Second DECLARATION of Deborah Hill, Ph.D. filed by Plaintiff Adam Dunakin re 17 MOTION for Partial Summary Judgment Re: Pre-Admission Screening and Resident Review (PASRR) Eligibility, 16 MOTION to Certify Class [Plaintiff's Motion for Class Certification] (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Hamburger, Eleanor) (Entered: 11/14/2014) 1 Exhibit A View on PACER 2 Exhibit B View on PACER	Nov. 14, 2014	Nov. 14, 2014 PACER
37	DECLARATION of Eleanor Hamburger filed by Plaintiff Adam Dunakin re 17 MOTION for Partial Summary Judgment Re: Pre-Admission Screening and Resident Review (PASRR) Eligibility, 16 MOTION to Certify Class [Plaintiff's Motion for Class Certification] (Attachments: # 1 Exhibit N-P)(Hamburger, Eleanor) (Entered: 11/14/2014) 1 Exhibit N-P View on PACER	Nov. 14, 2014	Nov. 14, 2014 PACER
38	NOTICE that the following is RE-NOTED: 24 MOTION for Judgment on the Pleadings and Partial Summary Judgment. Filed by Defendants Kevin W Quigley, Dorothy F Teeter. Noting Date 12/12/2014, (Coats McCarthy, Angela) (Entered: 11/26/2014)	Nov. 26, 2014	Nov. 26, 2014 PACER
39	NOTICE of Appearance by attorney Matthew S. King on behalf of Defendants Kevin W Quigley, Dorothy F Teeter. (King, Matthew) (Entered: 12/05/2014)	Dec. 5, 2014	Dec. 5, 2014 PACER
40	RESPONSE, by Plaintiff Adam Dunakin, to 24 MOTION for Judgment on the Pleadings and Partial Summary Judgment. (Hamburger, Eleanor) (Entered: 12/08/2014)	Dec. 8, 2014	Dec. 8, 2014 PACER
41	DECLARATION of Eleanor Hamburger filed by Plaintiff Adam Dunakin re 24 MOTION for Judgment on the Pleadings and Partial Summary Judgment (Attachments: # 1 Exhibit A-C)(Hamburger, Eleanor) (Entered: 12/08/2014) 1 Exhibit A-C View on PACER	Dec. 8, 2014	Dec. 8, 2014 PACER
42	REPLY, filed by Defendants Kevin W Quigley, Dorothy F Teeter, TO RESPONSE to 24 MOTION for Judgment on the Pleadings and Partial Summary Judgment (Coats McCarthy, Angela) (Entered: 12/12/2014)	Dec. 12, 2014	Dec. 12, 2014 PACER
43	ORDER ON MOTIONS TO DISMISS, FOR CLASS CERTIFICATION, AND FOR PARTIAL SUMMARY re: 16 Motion to Certify Class; 17 Motion for Partial Summary Judgment; 24 Motion for Judgment on the Pleadings, by Judge James L. Robart.(MD)	April 10, 2015	April 10, 2015 RECAP
44	NOTICE OF WITHDRAWAL OF COUNSEL: Attorney Michelle Teed for Defendants Kevin W Quigley, Dorothy F Teeter. (Teed, Michelle) (Entered: 04/16/2015)	April 16, 2015	April 16, 2015 PACER
	Set/Reset Deadlines	April 17, 2015	April 17, 2015 PACER
45	Reconsideration	April 24, 2015	April 24, 2015 PACER
46	Declaration	April 24, 2015	April 24, 2015 PACER
47	~Util - Set/Reset Motion Noting Date AND 1 - Order	April 28, 2015	April 28, 2015 PACER
48	Joint Status Report	May 1, 2015	May 1, 2015 PACER
49	Stipulated Motion	May 5, 2015	May 5, 2015 PACER
50	JLR Minute Order Setting Trial Date & Related Dates, and Designating Case for Mediation	May 5, 2015	May 5, 2015 PACER
51	~Util - Set/Reset Motion Noting Date AND Order on Stipulated Motion	May 6, 2015	May 6, 2015 PACER
52	Amended Complaint	May 8, 2015	May 8, 2015 PACER
53	Response to Motion	May 15, 2015	May 15, 2015 PACER
54	Declaration	May 15, 2015	May 15, 2015 PACER
55	Reply to Response to Motion	May 22, 2015	May 22, 2015 PACER
56	Declaration	May 22, 2015	May 22, 2015 PACER
57	Answer to Amended Complaint	May 22, 2015	May 22, 2015 PACER
58	ORDER denying 45 Defendants' Motion for Reconsideration by Judge James L. Robart.(MD)	July 1, 2015	July 1, 2015 RECAP
59	Stipulation	July 7, 2015	July 7, 2015 PACER
60	Protective Order	July 23, 2015	July 23, 2015 PACER
61	Notice-Other	Aug. 11, 2015	Aug. 11, 2015 PACER
62	Stipulated Motion	Feb. 3, 2016	Feb. 3, 2016 PACER
63	~Util - Set/Reset Deadlines AND Order on Stipulated Motion	Feb. 8, 2016	Feb. 8, 2016 PACER
64	Notice of Appearance	March 10, 2016	March 10, 2016 PACER
65	Notice of Occurrence of Alternate Dispute Resolution	March 30, 2016	March 30, 2016 PACER
66	Stay	April 1, 2016	April 1, 2016 PACER
67	~Util - Terminate Deadlines/Hearings AND Order on Motion to Stay	April 4, 2016	April 4, 2016 PACER
68	Joint Status Report	May 12, 2016	May 12, 2016 PACER
69	Joint Status Report	June 30, 2016	June 30, 2016 PACER
70	Joint Status Report	July 22, 2016	July 22, 2016 PACER
71	Miscellaneous Relief	Aug. 15, 2016	Aug. 15, 2016 PACER
72	Declaration	Aug. 15, 2016	Aug. 15, 2016 PACER
73	Order to Show Cause	Aug. 22, 2016	Aug. 22, 2016 PACER
74	Response to Order to Show Cause	Aug. 29, 2016	Aug. 29, 2016 PACER
75	Proposed Order (Unsigned)	Aug. 29, 2016	Aug. 29, 2016 PACER
76	~Util - Set/Reset Hearings AND Order on Motion for Miscellaneous Relief	Sept. 12, 2016	Sept. 12, 2016 PACER
77	Notice of Withdrawal of Counsel	Sept. 14, 2016	Sept. 14, 2016 PACER
78	Declaration (non motion)	Nov. 23, 2016	Nov. 23, 2016 PACER
79	Attorney Fees	Nov. 28, 2016	Nov. 28, 2016 PACER
80	Declaration	Nov. 28, 2016	Nov. 28, 2016 PACER
81	Miscellaneous Relief	Dec. 28, 2016	Dec. 28, 2016 PACER
82	Declaration	Dec. 28, 2016	Dec. 28, 2016 PACER
83	Notice of Change of Address/Change of Name	Dec. 28, 2016	Dec. 28, 2016 PACER
85	ORDER GRANTING FINAL APPROVAL OF SETTLEMENT AGREEMENT AND AWARDING ATTORNEYS' FEES AND LITIGATION COSTS re 79 Motion for Attorney Fees and 81 Motion for Final Approval of Settlement Agreement, by Judge James L. Robart. (PM)	Jan. 10, 2017	Jan. 10, 2017 RECAP
	In Court Hearing	Jan. 10, 2017	Jan. 10, 2017 PACER
86	Transcript - Notice of Filing of Official Transcript	Feb. 8, 2017	Feb. 8, 2017 PACER
87	Dismiss	March 22, 2021	March 22, 2021 PACER
88	Declaration	March 22, 2021	March 22, 2021 PACER
89	ORDER OF DISMISSAL: Having reviewed the parties' joint motion, this case is hereby dismissed pursuant to the terms of the approved Final Settlement Agreement (Dkt. No. 71 -1). See Order Granting Final Approval of Settlement (Dkt. No. 85 ). Signed by Judge James L. Robart. (MW)	March 23, 2021	March 23, 2021 RECAP

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Case Details

State / Territory: Washington

Case Type(s):

Intellectual Disability (Facility)

Disability Rights

Special Collection(s):

Post-WalMart decisions on class certification

Multi-LexSum (in sample)

Key Dates

Filing Date: April 16, 2014

Closing Date: Sept. 30, 2020

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All individuals who: (A) are or will be residents of Medicaid-certified, privately-operated nursing facilities in the State of Washington; and (B) who are Medicaid recipients with an intellectual disability or related condition(s) such that they are eligible to be screened and assessed pursuant to 42 U.S.C. § 1396r(e)(7) and 42 C.F.R. § 483.122 et seq.

Plaintiff Type(s):

Private Plaintiff

Non-profit NON-religious organization

Attorney Organizations:

NDRN/Protection & Advocacy Organizations

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Secretary, State

Director, State