Case: Westside Mothers v. Olszewski

2:99-cv-73442 | U.S. District Court for the Eastern District of Michigan

Filed Date: July 12, 1999

Closed Date: Aug. 17, 2007

Clearinghouse coding complete

Case Summary

On July 12, 1999, several medical, dental, and child advocacy organizations, along with several individuals, filed this class-action lawsuit in the United States District Court for the Eastern District of Michigan. The plaintiffs sued the directors of the Michigan Department of Health, the Medical Services Administration, the Michigan Medical Services Administration, and the Michigan Department of Community Health under 42 U.S.C. § 1983. The plaintiffs, represented by The Public Interest Law Ce…

On July 12, 1999, several medical, dental, and child advocacy organizations, along with several individuals, filed this class-action lawsuit in the United States District Court for the Eastern District of Michigan. The plaintiffs sued the directors of the Michigan Department of Health, the Medical Services Administration, the Michigan Medical Services Administration, and the Michigan Department of Community Health under 42 U.S.C. § 1983. The plaintiffs, represented by The Public Interest Law Center, in collaboration with Dechert LLP, Michigan Legal Services, the National Health Law Project, and the Michigan Association for Children with Emotional Disorders, sought injunctive relief to prevent state officials from violating the Medicaid law, claiming violations of federal Medicaid laws.

The plaintiffs alleged that the state of Michigan failed to provide essential dental and medical services, known as Early and Periodic Screening, Diagnosis, and Treatment Services (“EPSDT services”) required by the Medicaid program to eligible minors. The plaintiffs alleged that Michigan’s Medicaid system paid doctors and dentists too little to ensure that they would be willing to treat patients on Medicaid, such that low-income families faced a dangerous shortage of essential care for their children. The case was assigned to Judge Robert H. Cleland.

On October 14, 1999, the plaintiffs filed a motion seeking class certification of children eligible for EPSDT services.

On November 9, 1999, the defendants filed a motion for judgment on the pleadings. The Clearinghouse does not have access to this document so it is unclear by what reasoning the defendants sought judgment.

On December 28, 1999, Judge Robert H. Cleland granted in part and denied in part the defendants’ motion for judgment on the pleadings. The Clearinghouse does not have access to this document so it is unclear which parts were granted or denied.

On March 26, 2001, Judge Cleland entered an order denying the plaintiffs’ motion to certify the class and granting the defendants’ motion to dismiss. Judge Cleland held that the substantive defendant, in this case, was the state of Michigan and that Ex parte Young was inapplicable, meaning state sovereign immunity doctrine barred this type suit against the state. While the Constitution says that federal statutes are the “supreme law of the land,” Judge Cleland ruled that because the Medicaid program was enacted under Congress’ spending power and is a consensual, contractual agreement between the states and Congress, it is not encompassed by the supremacy clause. Thus, Congress cannot compel states to participate in the program and individual state actors, indistinguishable from the state, retain “constitutional sovereignty from the suit.” 133 F.Supp.2d 549.

Judge Cleland also held that even if there were no immunity from these suits, Section 1983 did not authorize suits against states or state officials for failure to carry out the terms of a federal grant program like Medicaid. The Supreme Court has required a historical statutory construction when construing Section 1983 and Judge Cleland found “no such clear, unambiguous intent to subject States to private suit.” 133 F.Supp.2d 549.

On April 4, 2001, the plaintiffs appealed this decision to the United States Court of Appeals for the Sixth Circuit. The Sixth Circuit (Circuit Judges Merritt, Boggs, and Moore) delivered its opinion on May 15, 2002, in which it reversed the district court’s decision on all issues presented. The court held that conditions imposed by the federal government upon states participating in Medicaid do not arise out of a contractual agreement; they are federal laws. The court also ruled, in line with “well-established precedent,” that laws passed by Congress under its spending powers are supreme law of the land. Furthermore, while the district court ruled that Ex parte Young was unavailable to the plaintiffs, the Sixth Circuit held that because the plaintiffs sought relief from state officials for those officials’ alleged violations of federal law, this case was squarely within Ex parte Young and thus allowed to proceed. Lastly, the court held that the plaintiffs did have a cause of action under Section 1983. The case was remanded back to the district court. 289 F.3d 852.

With the case back in the district court, the plaintiffs moved for class certification on October 14, 2015, and filed an amended complaint on October 18, 2015. The Clearinghouse does not have access to these documents so it is unclear what was different in the amended complaint.

Accordingly, the defendants filed a motion to dismiss and/or for summary judgment on November 29, 2004.

On April 22, 2005, Judge Cleland granted in part and denied in part the defendants’ 2004 motion to dismiss and/or for summary judgment. Judge Cleland addressed the plaintiffs’ claim that the defendants failed to provide EPSDT services to all eligible children by holding that plaintiffs stated a cause of action to the extent that they alleged that the state of Michigan has a policy or practice of not providing the EPSDT services to eligible children who have requested them. Addressing the plaintiffs’ second claim, Judge Cleland held that the plaintiffs lacked a cause of action because the Medicaid statute did not “unambiguously confer rights enforceable under Section 1983.” Finally, Judge Cleland denied the plaintiffs’ final claim that the defendants failed to adequately inform eligible individuals of programs and services available through Medicare, holding that it was not their duty to inform all potentially eligible children of EPSDT services. 368 F.Supp.2d 740.

On May 17, 2005, the district court denied the plaintiffs’ motion for class certification and entered judgment in favor of the defendants. The plaintiffs appealed this judgment the next day.

On July 7, 2006, the Sixth Circuit (again before Judges Merritt, Moore, and now Chief Judge Boggs) affirmed in part the district court’s dismissal of the claims under the Medicaid statutory provisions but reversed the holding that there was no cause of action for failing to inform all potentially eligible children of EPSDT services. The appeals court also modified the district court’s order to reflect a dismissal without prejudice, which allowed the plaintiffs to file an amended complaint to allege that Michigan's inadequate payment system effectively denied many eligible children the right to medical assistance. The case was remanded back to the district court. 454 F.3d 532.

On October 11, 2006, the plaintiffs filed a second amended complaint in the district court. The complaint alleged that the reimbursement rates provided by the defendants were so low that an insufficient number of providers were willing to care for children who were enrolled in Medicaid. The plaintiffs further claimed that these inadequate payments effectively denied the plaintiffs and the class of minors eligible for Medicaid represented in the suit the right to medical assistance.

On August 7, 2007, the parties entered into a Settlement Agreement that resulted in the case being dismissed without prejudice. The settlement preserved significant expansions of the state’s program and major increases in rates paid to doctors and dentists for treating Medicaid patients. The settlement also required the state to monitor children’s access to care, which it had never done before the settlement. Finally, the settlement provided for ongoing oversight of the state’s program by representatives of the plaintiffs.

The case is now closed.

Summary Authors

Aaron Gurley (11/17/2019)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4738808/parties/westside-mothers-v-haveman/


Judge(s)

Cleland, Robert Hardy (Michigan)

Attorney for Plaintiff

Berkman, Richard L. (Pennsylvania)

Clarke, Jennifer R. (Pennsylvania)

Attorney for Defendant

Klau, Morris J. (Michigan)

Levingston, Luttrell D. (Michigan)

Expert/Monitor/Master/Other

show all people

Documents in the Clearinghouse

Document

2:99-cv-73442

Opinion and Order Denying Plaintiffs' Motion to Certify Class, and Granting Defendants' Motion to Dismiss

Westside Mothers v. Haveman

March 26, 2001

March 26, 2001

Order/Opinion

133 F.Supp.2d 133

01-01494

Opinion

Westside Mothers v. Haveman

U.S. Court of Appeals for the Sixth Circuit

May 15, 2002

May 15, 2002

Order/Opinion

289 F.3d 289

2:99-cv-73442

Opinion and Order Granting in Part and Denying in Part Defendants' November 19, 2004 "Motion to Dismiss and/or [for] Summary Judgment"

April 22, 2005

April 22, 2005

Order/Opinion

368 F.Supp.2d 368

05-01669

Opinion

Mothers v. Olszewski

U.S. Court of Appeals for the Sixth Circuit

July 17, 2006

July 17, 2006

Order/Opinion

454 F.3d 454

2:99-cv-73442

Second Amended Complaint

Oct. 11, 2006

Oct. 11, 2006

Complaint

2:99-cv-73442

Settlement Agreement

Aug. 13, 2007

Aug. 13, 2007

Settlement Agreement

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4738808/westside-mothers-v-haveman/

Last updated April 21, 2024, 3:15 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT - Receipt # 27628 - Date Fee Received: 7/12/99 (LS) (Entered: 07/14/1999)

July 12, 1999

July 12, 1999

PACER
2

SUMMONS returned executed by process server on 7/15/99 - answer due 8/4/99 for James K. Haveman Jr., for Robert Smedes (LS) (Entered: 08/04/1999)

Aug. 3, 1999

Aug. 3, 1999

PACER
3

APPEARANCE for James K. Haveman Jr., Robert Smedes of attorney Erica W. Marsden with notice and proof of mailing (LS) (Entered: 08/05/1999)

Aug. 5, 1999

Aug. 5, 1999

PACER
4

AFFIRMATIVE defenses by defendants (LS) (Entered: 08/05/1999)

Aug. 5, 1999

Aug. 5, 1999

PACER
5

NOTICE by the court of Rule 16 and Rule 26(f) scheduling consultation setting deadline for plan and status report for 8/30/99 with proof of mailing (nh) (Entered: 08/17/1999)

Aug. 16, 1999

Aug. 16, 1999

PACER
6

MOTION by plaintiff to certify class action with brief and proof of mailing. (LS) (Entered: 10/15/1999)

Oct. 14, 1999

Oct. 14, 1999

PACER
7

NOTICE by Judge Robert H. Cleland's chambers setting hearing on motion to certify class action by Amer Acad Dentists, Amer Acad Pediatrics, Move Inc, MI League Human Svc and Westside Mothers [6-1] for 2:00 on 1/5/00 ; with proof of mailing (dp) (Entered: 10/19/1999)

Oct. 18, 1999

Oct. 18, 1999

PACER
8

NOTICE by Judge Robert H. Cleland's chambers setting scheduling conference for 2:00 on 10/28/99 ; with proof of mailing (dp) (Entered: 10/19/1999)

Oct. 18, 1999

Oct. 18, 1999

PACER

STATUS conference held - Judge Robert H. Cleland (lt)

Oct. 26, 1999

Oct. 26, 1999

PACER
9

ORDER by Judge Robert H. Cleland, setting deadline for defendant to file dispositive motions for 11/9/99, setting deadline for response to motion to certify class action by plaintiffs [6-1] for 11/15/99, setting deadline for plaintiff's to respond to defendants' motion for dismissal/summary disposition for 11/23/99, and setting deadline for reply to response to motion to class action by plaintiff's [6-1] for 12/1/99 with proof of mailing [EOD Date 11/1/99] (nh) (Entered: 11/01/1999)

Oct. 28, 1999

Oct. 28, 1999

PACER
10

MOTION by defendant for judgment on the pleadings and/or summary judgment against individual plaintiffs with brief and proof of mailing (lg) (Entered: 11/10/1999)

Nov. 9, 1999

Nov. 9, 1999

PACER
11

EXHIBITS filed by defendants in support of motion for judgment on the pleadings and/or summary judgment against individual plaintiffs by Robert Smedes, James K. Haveman Jr. [10-1] (lg) (Entered: 11/10/1999)

Nov. 9, 1999

Nov. 9, 1999

PACER
12

APPLICATION by defendants for permission to file brief in excess of page limit (lg) (Entered: 11/10/1999)

Nov. 9, 1999

Nov. 9, 1999

PACER
13

MOTION by defendants for judgment on the pleadings against organizational plaintiffs with brief (lg) (Entered: 11/10/1999)

Nov. 9, 1999

Nov. 9, 1999

PACER
14

NOTICE of setting hearing on motion for judgment on the pleadings against organizational plaintiffs by James K. Haveman Jr., Robert Smedes [13-1] for 2:00 pm on 1/5/00, motion for judgment on the pleadings and/or summary judgment against individual plaintiffs by James K. Haveman Jr., Robert Smedes [10-1] for 2:00 pm on 1/5/00 with proof of mailing (lg) (Entered: 11/16/1999)

Nov. 15, 1999

Nov. 15, 1999

PACER
15

ORDER by Judge Robert H. Cleland granting application for permission to file brief in excess of page limit by James Haveman Jr., Robert Smedes [12-1] [EOD Date 11/16/99] (lg) (Entered: 11/16/1999)

Nov. 15, 1999

Nov. 15, 1999

PACER
16

MEMORANDUM by defendants in opposition to motion to certify class action by Westside Mothers, MI League Human Svc, Families Move Inc, Amer Acad Pediatrics, Amer Acad Dentists with proof of mailing [6-1] (lg) (Entered: 11/16/1999)

Nov. 15, 1999

Nov. 15, 1999

PACER
17

APPLICATION by plaintiff to file a brief with excess pages for the memorandum of law in opposition to motion for judgment on the pleadings (LS) (Entered: 11/24/1999)

Nov. 23, 1999

Nov. 23, 1999

PACER
18

RESPONSE by plaintiffs to motion to dismiss organizational plaintiffs by James K. Haveman Jr., Robert Smedes [13-1] (LS) (Entered: 11/24/1999)

Nov. 23, 1999

Nov. 23, 1999

PACER
19

ORDER by Judge Robert H. Cleland granting application to file a brief with excess pages for the memorandum of law in opposition to motion for judgment on the pleadings by plaintiffs [17-1] [EOD Date 11/29/99] (cm) (Entered: 11/29/1999)

Nov. 26, 1999

Nov. 26, 1999

PACER
20

RESPONSE by plaintiffs in opposition to motion for judgment on the pleadings and/or summary judgment against individual plaintiffs by James K. Haveman Jr., Robert Smedes [10-1] with exhibits A-B (cm) (Entered: 11/29/1999)

Nov. 26, 1999

Nov. 26, 1999

PACER
21

PROOF of mailing by plaintiffs of motion to file brief, response to motion for judgment on pleadings and/or summary judgment and response to motion to dismiss organizational plaintiffs (cm) (Entered: 11/30/1999)

Nov. 29, 1999

Nov. 29, 1999

PACER
22

REPLY by plaintiffs to response to motion to certify class action by Westside Mothers, MI League Human Svc, Families Move Inc, Amer Acad Pediatrics, Amer Acad Dentists [6-1] with proof of mailing (LS) (Entered: 12/02/1999)

Dec. 1, 1999

Dec. 1, 1999

PACER
23

REPLY brief by defendants' Robert Smedes and James K. Haveman Jr. to response (document #20) and in support of motion for judgment on the pleadings and/or summary judgment against individual plaintiffs by James K. Haveman Jr., Robert Smedes [10-1] with exhibits, application for permission to file reply brief in excess of page limit and proof of mailing. (cf) (Entered: 12/08/1999)

Dec. 8, 1999

Dec. 8, 1999

PACER
24

ORDER by Judge Robert H. Cleland, dismissing in part, count IV of plaintiffs' complaint with proof of mailing [EOD Date 12/22/99] (nh) (Entered: 12/22/1999)

Dec. 21, 1999

Dec. 21, 1999

PACER
25

ORDER for further briefing by Judge Robert H. Cleland, setting deadline for response to motion to certify class action by plaintiff's [6-1] for 2/7/00, setting deadline for reply to response to motion to certify class action by plaintiff's [6-1] 2/25/00 with proof of mailing [EOD Date 12/27/99] (nh) (Entered: 12/27/1999)

Dec. 21, 1999

Dec. 21, 1999

PACER
26

ORDER by Judge Robert H. Cleland granting in part and denying in part motion for judgment on the pleadings organizational plaintiffs by James K. Haveman Jr., Robert Smedes [13-1] [EOD Date 12/29/99] (lg) (Entered: 12/29/1999)

Dec. 28, 1999

Dec. 28, 1999

PACER
27

APPLICATION by plaintiffs' to file brief in excess of page limit with proof of mailing. (no brief) (cf) (Entered: 02/08/2000)

Feb. 7, 2000

Feb. 7, 2000

PACER
28

SUPPLEMENTAL brief by defendants' Robert Smedes and James K. Haveman Jr. with proof of mailing. (cf) (Entered: 02/08/2000)

Feb. 7, 2000

Feb. 7, 2000

PACER
29

ORDER by Judge Robert H. Cleland granting application to file brief in excess of page limit by plaintiffs [27-1] with proof of mailing. [EOD Date 2/9/00] (cf) (Entered: 02/09/2000)

Feb. 8, 2000

Feb. 8, 2000

PACER
30

ANSWER (titled "memorandum of law") by plaintiffs' in response to the court's 12/21/99 order for further briefing - order setting deadline for response to motion to certify class action by plaintiff's [6-1] for 2/7/00 [25-1], order setting deadline for reply to response to motion to certify class action by plaintiff's [6-1] 2/25/00 [25-2], order [25-3] with exhibits and proof of mailing. (cf) (Entered: 02/09/2000)

Feb. 8, 2000

Feb. 8, 2000

PACER
31

MEMORANDUM by plaintiffs in response to supplemental brief by Robert Smedes and James K. Haveman Jr. [28-1]; with proof of mailing (dp) (Entered: 02/28/2000)

Feb. 25, 2000

Feb. 25, 2000

PACER
32

REPLY brief by defendants in response to order for further briefing (relating to the arguments raised by plaintiffs in their 2/7/00 brief regarding the court's order for futher briefing with attachment A and proof of mailing (LS) (Entered: 02/28/2000)

Feb. 25, 2000

Feb. 25, 2000

PACER
33

MOTION by movant MI Municipal League for leave to appear as amicus curiae with proof of mailing. (no brief) (cf) (Entered: 06/16/2000)

June 15, 2000

June 15, 2000

PACER
34

APPEARANCE (notice of) for movant MI Municipal League of attorney Jeffrey S. Sutton with proof of mailing. (cf) (Entered: 06/16/2000)

June 15, 2000

June 15, 2000

PACER
35

ORDER by Judge Robert H. Cleland granting motion for leave to appear as amicus curiae by MI Municipal League [33-1] [EOD Date 6/20/00] (nh) (Entered: 06/20/2000)

June 16, 2000

June 16, 2000

PACER
36

SCHEDULING order by Judge Robert H. Cleland that the Michigan Municipal Legue file its brief on the issues addressed in the court's 12/21/99 order by 7/18/00, the parties have until 8/1/00 to file any responses to Michigan Municipal League's brief, if responses are filed MML may request to file a reply and a hearing is set for 8/10/00 at 1:00 pm with proof of mailing [EOD Date 6/21/00] (LS) (Entered: 06/21/2000)

June 16, 2000

June 16, 2000

PACER
37

MOTION by plaintiff for reconsideration of order [35-1] with brief and proof of mailing (cm) (Entered: 07/10/2000)

July 7, 2000

July 7, 2000

PACER
38

ORDER by Judge Robert H. Cleland denying motion for reconsideration of order [35-1] by plaintiffs [37-1] and allowing MML to participate as amicus curiae with proof of mailing [EOD Date 7/14/00] (LS) (Entered: 07/14/2000)

July 12, 2000

July 12, 2000

PACER
39

ORDER by Judge Robert H. Cleland confirming 8/11/00 hearing date with attachment and proof of mailing [EOD Date 7/20/00] (kg) (Entered: 07/20/2000)

July 17, 2000

July 17, 2000

PACER
40

AMICUS curiae brief by MI Municipal League, with proof of mailing (kg) (Entered: 07/21/2000)

July 19, 2000

July 19, 2000

PACER
41

MOTION by movant MI Municipal League to quash subpoena for production of documents, and for sanctions with brief, exhibit A and proof of mailing (cm) (Entered: 07/31/2000)

July 28, 2000

July 28, 2000

PACER
42

RESPONSE by plaintiffs to motion to quash subpoena for production of documents [41-1] and for sanctions by MI Municipal League [41-2] with proof of mailing (kg) (Entered: 08/02/2000)

Aug. 1, 2000

Aug. 1, 2000

PACER
43

RESPONSE by plaintiffs to brief by MI Municipal League [40-1] with proof of mailing (kg) (Entered: 08/02/2000)

Aug. 1, 2000

Aug. 1, 2000

PACER
44

ORDER by Judge Robert H. Cleland with motion granting request by Michigan Municipal League to file a reply brief in support of their motion to quash subpoena for production of documents and for sanctions (document 41) [EOD Date: 8/11/00] (dp) (Entered: 08/11/2000)

Aug. 10, 2000

Aug. 10, 2000

PACER
45

REPLY by MI Municipal League to response to motion to quash subpoena for production of documents [41-1] and motion for sanctions [41-2] with proof of mailing (dp) (Entered: 08/11/2000)

Aug. 10, 2000

Aug. 10, 2000

PACER

MOTION hearing held on motion to quash subpoena for production of documents by MI Municipal League [41-1], motion for sanctions by MI Municipal League [41-2] - disposition: GRANTED - Judge Robert H. Cleland - Court Reporter: Janice Coleman (lt)

Aug. 10, 2000

Aug. 10, 2000

PACER

MOTION hearing held on motion for judgment on the pleadings and/or summary judgment against individual plaintiffs by James K. Haveman Jr., Robert Smedes [10-1] - disposition: TAKEN UNDER ADVISEMENT - Judge Robert H. Cleland - Court Reporter: Janice Coleman (lt)

Aug. 14, 2000

Aug. 14, 2000

PACER
46

ORDER by Judge Robert H. Cleland granting motion to quash subpoena for production of documents [41-1] and for sanctions by MI Municipal League [41-2]; with proof of mailing (see order for complete provisions) [EOD Date 8/17/00] (dp) (Entered: 08/17/2000)

Aug. 16, 2000

Aug. 16, 2000

PACER
47

OBJECTIONS by plaintiff to brief by MI Municipal League [40-1] with proof of mailing (lg) (Entered: 09/25/2000)

Sept. 22, 2000

Sept. 22, 2000

PACER
48

MEMORANDUM opinion and order by Judge Robert H. Cleland granting motion for judgment on the pleadings and/or summary judgment against individual plaintiffs by James K. Haveman Jr. and Robert Smedes [10-1], denying motion to certify class action by Westside Mothers, MI League Human Svc, Families Move Inc, Amer Acad Pediatrics and Amer Acad Dentists [6-1] and dismissing complaint [1-1] with prejudice; with proof of mailing [EOD Date: 3/26/01] (dp) (Entered: 03/26/2001)

March 26, 2001

March 26, 2001

PACER
49

APPEAL by plaintiffs Veda T., Vicki K., Tangela W., Dm.J., Dn.J., D.J., Lois Ann K., B.K., Amer Acad Dentists, Amer Acad Families Move Inc, MI League Human Svc, Westside Mothers, K.K., K.T. and J.T. of orders [24-1], [26-1], [46-1] and order [48-1] to USCA with proof of mailing - FEE: PAID - Receipt #: 415898 (lb) (Entered: 04/09/2001)

April 4, 2001

April 4, 2001

PACER
50

PROOF of mailing of notice of appeal to USCA, counsel of record and Court Reporter Janice Coleman (lb) (Entered: 04/09/2001)

April 9, 2001

April 9, 2001

PACER
51

CERTIFIED copy of appeal notice by plaintiffs [49-1] and docket transmitted to USCA (lb) (Entered: 04/09/2001)

April 9, 2001

April 9, 2001

PACER
52

TRANSCRIPT taken on 8/10/00 of telephone conference call hearing before Judge Cleland. (cf) (Entered: 04/20/2001)

April 19, 2001

April 19, 2001

PACER
53

TRANSCRIPT taken on 8/14/00 of oral arguments before Judge Cleland. (cf) (Entered: 04/20/2001)

April 19, 2001

April 19, 2001

PACER
54

ACKNOWLEDGEMENT from USCA of receipt of appeal notice by plaintiffs [49-1] - appeal case # 01-1494 (dp) (Entered: 04/24/2001)

April 23, 2001

April 23, 2001

PACER
55

TRANSCRIPT order form by plaintiffs regarding appeal notice by plaintiffs [49-1] requesting no transcript - appeal case #01-1494 (kg) (Entered: 05/01/2001)

April 30, 2001

April 30, 2001

PACER
56

NON-CERTIFIED copy of JUDGMENT from USCA it is ordered that the district court's grant of summary judgment to defendants is reversed, and that the district court's dismissal of organizational plaintiffs for lack of standing is affirmed in part and reversed in part and the case is remanded - appeal case # 01-1494 (lg) Modified on 05/31/2002 (Entered: 05/21/2002)

May 20, 2002

May 20, 2002

PACER
57

SLIP opinion from USCA reversing the district court's grant of summary judgment to defendants and affirm in part and reverse in part the district court's dismissal of organizational plaintiffs for lack of standing and remand the case for futher proceedings - appeal case # 01-1494 (lg) Modified on 05/31/2002 (Entered: 05/21/2002)

May 20, 2002

May 20, 2002

PACER
58

ERRATA for appeal order [57-1] (lg) (Entered: 05/30/2002)

May 29, 2002

May 29, 2002

PACER
59

BILL of costs by plaintiffs in the amount of $ 105.00 (LS) (Entered: 06/03/2002)

May 31, 2002

May 31, 2002

PACER
60

COSTS taxed for plaintiffs in the amount of $ 105.00 by Lorelie J. Self with proof of service (LS) Modified on 06/03/2002 (Entered: 06/03/2002)

June 3, 2002

June 3, 2002

PACER
61

NON-CERTIFIED copy of order from USCA granting motion - appeal case #01-1494 (kg) (Entered: 06/25/2002)

June 18, 2002

June 18, 2002

PACER
62

NOTICE from the US Supreme Court that a petition for writ of certiorari was filed and placed on the docket (dp) (Entered: 09/17/2002)

Sept. 17, 2002

Sept. 17, 2002

PACER
63

ORDER by Judge Robert H. Cleland, setting date for plaintiffs to file a statement showing whether and on what date the ordered sanctions have been paid for 10/21/02 [EOD Date 10/9/02] (lg) (Entered: 10/09/2002)

Oct. 8, 2002

Oct. 8, 2002

PACER
64

STATEMENT by plaintiffs regarding satisfaction of sanctions with attachments 1-5 and proof of service [EOD Date: 10/22/02] (cm) (Entered: 10/22/2002)

Oct. 21, 2002

Oct. 21, 2002

PACER
65

ORDER by Judge Robert H. Cleland, overruling plaintiffs' objections and directing that sanctions be paid forthwith [EOD Date 10/31/02] (lg) (Entered: 10/31/2002)

Oct. 30, 2002

Oct. 30, 2002

PACER
66

PROOF of re-service by court of [65-1], [65-2] (kg) (Entered: 11/18/2002)

Nov. 15, 2002

Nov. 15, 2002

PACER
67

APPEAL by plaintiffs Veda T., Vicki K., Tangela W., Dm.J., Dn.J., D.J., Lois Ann K., B.K., Amer Acad Dentists, Amer Acad Pediatrics, Families Move Inc, MI League Human Svc, Westside Mothers, K.K., K.T. and J.T. of order [65-1] to USCA - FEE: PAID - Receipt #: 477930 (lb) (Entered: 11/22/2002)

Nov. 19, 2002

Nov. 19, 2002

PACER
68

PROOF of service of notice of appeal [67-1] to USCA, counsel of record and Janice Coleman, Court Reporter (lb) (Entered: 11/22/2002)

Nov. 22, 2002

Nov. 22, 2002

PACER
69

CERTIFIED copy of appeal notice by plaintiffs [67-1] and docket transmitted to USCA (lb) (Entered: 11/22/2002)

Nov. 22, 2002

Nov. 22, 2002

PACER
70

COPY of order overruling plaintiffs' objections and directing that sanctions be paid forthwith [65-1], order [65-2] mailed to Howard Nelson and returned as undeliverable (kg) (Entered: 12/03/2002)

Nov. 26, 2002

Nov. 26, 2002

PACER
71

NOTICE from the US Supreme Court that a petition for writ of certiorari was filed and placed on the docket (kg) (Entered: 12/12/2002)

Dec. 11, 2002

Dec. 11, 2002

PACER
72

ACKNOWLEDGMENT from USCA of receipt of appeal notice by plaintiffs [67-1] - appeal case #02-2477 (kg) (Entered: 12/20/2002)

Dec. 19, 2002

Dec. 19, 2002

PACER
73

TRANSCRIPT order form by plaintiff Westside Mothers regarding appeal notice by plaintiffs [67-1] requesting transcript of: 8/10/00 - appeal case #02-2477 (kg) (Entered: 12/30/2002)

Dec. 27, 2002

Dec. 27, 2002

PACER
74

TRANSCRIPT taken on 8/10/00 of telephone conference (kg) (Entered: 01/06/2003)

Jan. 6, 2003

Jan. 6, 2003

PACER
75

MANDATE from USCA affirming, reversing and remanding the decision of the District Court - appeal case # d01-1494 (nh) (Entered: 04/16/2003)

April 14, 2003

April 14, 2003

PACER
76

CERTIFIED copy of order from USCA recalling mandate on - appeal case # 01-1494 (nh) (Entered: 04/16/2003)

April 14, 2003

April 14, 2003

PACER
77

CERTIFIED copy of order from USCA dismissing case [0-0] - appeal case # 02-2477 (nh) (Entered: 04/24/2003)

April 22, 2003

April 22, 2003

PACER
78

AMENDED MANDATE of USCA as to 49 Notice of Appeal- remanded. [Appeal Case Number 01-1494] (LBeh, ) (Entered: 09/01/2004)

Aug. 31, 2004

Aug. 31, 2004

PACER

Minute Entry -Status Conference held on 10/4/2004 before Honorable Robert H Cleland. (MLan, )

Oct. 4, 2004

Oct. 4, 2004

PACER
79

ORDER Establishing Briefing Schedule - Signed by Honorable Robert H Cleland. (JGilb, ) (Entered: 10/07/2004)

Oct. 6, 2004

Oct. 6, 2004

PACER
80

MOTION for Class Certification by plaintiffs. (Attachments: # 1 Document Continuation)(JGilb, ) (Entered: 10/18/2004)

Oct. 15, 2004

Oct. 15, 2004

PACER
81

DISCOVERY plan jointly filed pursuant to Federal Rules of Civil Procedure 26(f).(JGilb, ) (Entered: 10/18/2004)

Oct. 15, 2004

Oct. 15, 2004

PACER
82

STIPULATION by the parties to File An Amended Complaint.(JGilb, ) (Entered: 10/19/2004)

Oct. 18, 2004

Oct. 18, 2004

PACER
83

FIRST AMENDED COMPLAINT filed by all plaintiffs against Paul Reinhart and Janet Olszewski.(JGilb, ) (Entered: 10/19/2004)

Oct. 18, 2004

Oct. 18, 2004

PACER
84

MOTION for Leave to Commence Discovery by plaintiffs. (JGilb, ) (Entered: 10/21/2004)

Oct. 20, 2004

Oct. 20, 2004

PACER
85

ORDER granting 82 Stipulation for Leave to File Amended Complaint - Signed by Honorable Robert H Cleland. (JGilb, ) (Entered: 10/27/2004)

Oct. 25, 2004

Oct. 25, 2004

PACER
86

ORDER denying 84 Plaintiff's Motion for Leave to Commence Discovery- Signed by Honorable Robert H Cleland. (JGilb, ) (Entered: 10/27/2004)

Oct. 25, 2004

Oct. 25, 2004

PACER
87

STIPULATION, by the parties, for Extension of Time to File response to 80 Plaintiffs' MOTION to Certify Class. (JGilb, ) (Entered: 11/09/2004)

Nov. 8, 2004

Nov. 8, 2004

PACER
88

MOTION for Leave to File Brief Exceeding Page Limit by defendants. (JGilb, ) (Entered: 11/23/2004)

Nov. 19, 2004

Nov. 19, 2004

PACER
89

MOTION to Dismiss and/or for Summary Judgment by defendants. (Attachments: # 1 Document Continuation # 2 Document Continuation # 3 Document Continuation # 4 Document Continuation # 5 Document Continuation)(JGilb, ) (Entered: 12/01/2004)

Nov. 29, 2004

Nov. 29, 2004

PACER
90

ORDER granting 88 Motion for Leave to File Excess Pages- Signed by Honorable Robert H Cleland. (JGilb, ) (Entered: 12/01/2004)

Nov. 30, 2004

Nov. 30, 2004

PACER
91

NOTICE of hearing on 89 MOTION to Dismiss MOTION for Summary Judgment. Motion Hearing set for 2/2/2005 02:00 PM before Honorable Robert H Cleland. (LTee, ) (Entered: 12/03/2004)

Dec. 3, 2004

Dec. 3, 2004

PACER
92

Ex Parte MOTION for Leave to File Excess Pages in Brief in Response to Motion to Dismiss and/or Summary Judgment by all plaintiffs. (Clarke, Jennifer) (Entered: 12/13/2004)

Dec. 13, 2004

Dec. 13, 2004

PACER
93

RESPONSE to 89 MOTION to Dismiss MOTION for Summary Judgment filed by all plaintiffs. (Attachments: # 1 Index of Exhibits # 2 Exhibit Exhibits A through D)(Clarke, Jennifer) (Entered: 12/13/2004)

Dec. 13, 2004

Dec. 13, 2004

PACER
94

RESPONSE BRIEF IN OPPOSITION to 80 Plaintiffs' MOTION to Certify Class filed by defendants. (JGilb, ) (Entered: 12/23/2004)

Dec. 22, 2004

Dec. 22, 2004

PACER
95

Ex Parte MOTION for Leave to File Excess Pages for Reply Brief in Support of Class Certification by all plaintiffs. (Clarke, Jennifer) (Entered: 01/06/2005)

Jan. 6, 2005

Jan. 6, 2005

PACER
96

REPLY to Response re 80 MOTION to Certify Class filed by all plaintiffs. (Clarke, Jennifer) (Entered: 01/06/2005)

Jan. 6, 2005

Jan. 6, 2005

PACER

Case Details

State / Territory: Michigan

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: July 12, 1999

Closing Date: Aug. 17, 2007

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Children eligible for Medicaid services in Michigan.

Plaintiff Type(s):

Private Plaintiff

Non-profit NON-religious organization

Attorney Organizations:

Public Interest Law Center (PILCOP)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Mooted before ruling

Defendants

Director of the State of Michigan Department of Community Health, State

Deputy Director of the Medical Services Administration, State

Defendant Type(s):

Hospital/Health Department

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Supremacy Clause

Available Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Reporting

Monitoring

Training

Amount Defendant Pays: 250,000

Order Duration: 2006 - 2009

Issues

General/Misc.:

Payment for care

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

Benefits (Source):

Medicaid