Case: Jennings v. Wolf

3:20-cv-00148 | U.S. District Court for the Middle District of Pennsylvania

Filed Date: Jan. 29, 2020

Case Ongoing

Clearinghouse coding complete

Case Summary

This case, filed January 29, 2020, objected to the closure of two Pennsylvania intermediate care facilities for individuals with intellectual disabilities (ICF/IID) (the Polk Center and the White Haven Center) and the rights of the individuals residing in those facilities. It is what some describe as a "reverse-Olmstead" lawsuit. (See Olmstead v. L.C., 527 U.S. 581 (1999) (ADA guarantees the right to receive disability-related services in the community, where appropriate). The complaint was fil…

This case, filed January 29, 2020, objected to the closure of two Pennsylvania intermediate care facilities for individuals with intellectual disabilities (ICF/IID) (the Polk Center and the White Haven Center) and the rights of the individuals residing in those facilities. It is what some describe as a "reverse-Olmstead" lawsuit. (See Olmstead v. L.C., 527 U.S. 581 (1999) (ADA guarantees the right to receive disability-related services in the community, where appropriate).

The complaint was filed in the U.S. District Court for the Middle District of Pennsylvania by family members and guardians of residents of the two facilities in a class action lawsuit. Plaintiffs were represented by private counsel. Defendants were Pennsylvania Governor Wolf, the Secretary of the Pennsylvania Department of Human Services, the Deputy Secretary of the Pennsylvania Office of Development Programs, the Facility Director of the Polk Center, and the Facility Director of the White Haven Center.

According to WENY News, in August of 2019 Governor Wolf announced a plan to close the state centers over the course of three years. Instead, the state planned to move residents to "community residences," arguing that such residences are superior to "institutional" residences like Polk or White Haven.

Plaintiffs alleged that this plan violated the Americans with Disabilities Act, Section 504 of the Rehabilitation Act, the Medicaid Act, and the Fourteenth Amendment.

Specifically, the cause of action under the ADA alleged that residents cannot be discharged or transferred without consent from the residents themselves or the residents' guardians. The Section 504 cause of action alleged that Pennsylvania's new plan would not administer care for White Haven or Polk residents in "the most integrated setting appropriate," therefore violating regulations that implement Section 504. Meanwhile, the Medicaid Act cause of action claimed that the new plan was not in compliance with obligations imposed on Pennsylvania by the federal government in return for federal funding. Those obligations included the option to live in an ICF/IID for qualifying Pennsylvanians. Finally, lawsuit alleged that the new plan constituted a violation of the residents' substantive due process rights under the Fourteenth and/or Fourth Amendment. The complaint claimed that moving residents "to the community" would deny residents "a humane existence."

The case is ongoing. Only the initial complaint, a summons to all defendants, a reissue of that summons, and a waiver of service by all defendants have been processed by the Court.

Summary Authors

Jack Hibbard (5/20/2020)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/16823670/parties/jennings-v-wolf/


Judge(s)

Mannion, Malachy Edward (Pennsylvania)

Attorneys(s) for Plaintiff

York, Thomas B. (Pennsylvania)

Judge(s)

Mannion, Malachy Edward (Pennsylvania)

Attorneys(s) for Plaintiff

York, Thomas B. (Pennsylvania)

Documents in the Clearinghouse

Document

3:20-cv-00148

Docket [PACER]

May 7, 2020

May 7, 2020

Docket
1

3:20-cv-00148

Complaint

Jan. 29, 2020

Jan. 29, 2020

Complaint

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/16823670/jennings-v-wolf/

Last updated Aug. 6, 2022, 3:01 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants ( Filing fee $400, Receipt Number 0314-4992202), filed by Maria Kashatus, Terry D. Hetrick, Lauren Lotzi, Janine Winsock, Russel "Joey" Jennings, David Naulty, Sharon McCabe, Viola "Vianne" Caye, Rinaldo Scruci, Beth Lambo, Maureen Jorda, Cynthia Martin, Robert B. Carson. (Attachments: # 1 Civil Cover Sheet)(ao) (Entered: 01/29/2020)

1 Civil Cover Sheet

View on PACER

Jan. 29, 2020

Jan. 29, 2020

PACER
2

Summons Issued as to All Defendants and provided TO ATTORNEY ELECTRONICALLY VIA ECF for service on Defendant(s)in the manner prescribed by Rule 4 of the Federal Rules of Civil Procedure. (NOTICE TO ATTORNEYS RECEIVING THE SUMMONS ELECTRONICALLY: You must print the summons and the attachment when you receive it in your e-mail and serve them with the complaint on all defendants in the manner prescribed by Rule 4 of the Federal Rules of Civil Procedure). (Attachments: # 1 Summons Packet) (ao) (Entered: 01/29/2020)

1 Summons Packet

View on PACER

Jan. 29, 2020

Jan. 29, 2020

PACER

DOCKET ANNOTATION: Judge Mannion has been assigned to this case. (ga)

Jan. 30, 2020

Jan. 30, 2020

PACER
3

Summons RE-ISSUED as to All Defendants and provided TO ATTORNEY ELECTRONICALLY VIA ECF for service on Defendant(s)in the manner prescribed by Rule 4 of the Federal Rules of Civil Procedure. (NOTICE TO ATTORNEYS RECEIVING THE SUMMONS ELECTRONICALLY: You must print the summons and the attachment when you receive it in your e-mail and serve them with the complaint on all defendants in the manner prescribed by Rule 4 of the Federal Rules of Civil Procedure). (Attachments: # 1 Summons Packet) (ga) (Entered: 01/30/2020)

1 Summons Packet

View on PACER

Jan. 30, 2020

Jan. 30, 2020

PACER
4

WAIVER OF SERVICE Returned by White Haven Center, Pennsylvania Office of Development Programs, Pennsylvania Department of Human Services, Sue Rodgers, Kristin Ahrens, Tom Wolf, Teresa D. Miller, Polk Center, Mark J. Georgetti. All Defendants. (Davis, Jessica) (Entered: 05/07/2020)

May 7, 2020

May 7, 2020

PACER
5

MOTION for Extension of Time to Respond to the Complaint by Kristin Ahrens, Mark J. Georgetti, Teresa D. Miller, Pennsylvania Department of Human Services, Pennsylvania Office of Development Programs, Polk Center, Sue Rodgers, White Haven Center, Tom Wolf.(Davis, Jessica) (Entered: 06/08/2020)

June 8, 2020

June 8, 2020

PACER
6

ORDER granting 5 defts Motion to Extend Time to respond to complaint. Resp. due 7/10/20.Signed by Honorable Malachy E Mannion on 6/9/20 (bs) (Entered: 06/09/2020)

June 9, 2020

June 9, 2020

PACER
7

MOTION to Dismiss by Kristin Ahrens, Mark J. Georgetti, Teresa D. Miller, Pennsylvania Department of Human Services, Pennsylvania Office of Development Programs, Polk Center, Sue Rodgers, White Haven Center, Tom Wolf. (Attachments: # 1 Proposed Order)(Davis, Jessica) (Entered: 07/10/2020)

1 Proposed Order

View on PACER

July 10, 2020

July 10, 2020

PACER
8

SCHEDULING ORDER: Case Management Conference set for 8/12/2020 02:00 PM before Honorable Malachy E Mannion. This conference will be held by telephone. Counsel for the plaintiff, who is responsible for placing the conference call, shall provide the court via e-filing a call-in number in which the court may call to connect to the conference call. It is counsels obligation to supply the conference contact information to opposing counsel and the court. This can be placed on the docket under seal or supplied independently to opposing counsel and the court, in order to protect the privacy and security of the teleconference.Signed by Honorable Malachy E Mannion on 7/10/20. (bs) (Entered: 07/10/2020)

July 10, 2020

July 10, 2020

PACER
9

MOTION for Extension of Time to File Brief filed by Kristin Ahrens, Mark J. Georgetti, Teresa D. Miller, Pennsylvania Department of Human Services, Pennsylvania Office of Development Programs, Polk Center, Sue Rodgers, White Haven Center, Tom Wolf.(Davis, Jessica) (Entered: 07/24/2020)

July 24, 2020

July 24, 2020

PACER
10

ORDER granting 9 deft's Motion for Extension of Time to File Response/Reply re 7 MOTION to Dismiss. Brief in Support due by 7/24/2020Signed by Honorable Malachy E Mannion on 7/27/20 (bs) (Entered: 07/27/2020)

July 27, 2020

July 27, 2020

PACER
11

CASE MANAGEMENT PLAN JOINT by Russel "Joey" Jennings. (York, Thomas) (Entered: 08/05/2020)

Aug. 5, 2020

Aug. 5, 2020

PACER
13

SCHEDULING ORDER: Amended Pleadings due by pltf. 12/31/20 by deft. 1/31/2021. Fact Discovery due by 4/30/2021. Plaintiff Expert Report is due by 11/30/2021. Defendant Expert Report is due by 11/30/2021. Supplemental due by 12/30/2021.Expert Discovery Deadline is due by 4/30/2021. Joinder of Parties due by pltf. 12/31/20 by deft. 1/31/2021. Dispositive Motions due by 5/30/2021. Signed by Honorable Malachy E Mannion on 9/20/20. (bs) (Entered: 08/20/2020)

Aug. 20, 2020

Aug. 20, 2020

PACER
14

Second MOTION for Extension of Time to File Brief in Support of Motion to Dismiss filed by Kristin Ahrens, Mark J. Georgetti, Teresa D. Miller, Pennsylvania Department of Human Services, Pennsylvania Office of Development Programs, Polk Center, Sue Rodgers, White Haven Center, Tom Wolf. (Attachments: # 1 Proposed Order)(Davis, Jessica) (Entered: 08/24/2020)

Aug. 24, 2020

Aug. 24, 2020

PACER
15

ORDER granting 14 defts Motion for Extension of Time to File Response/Reply re 7 MOTION to Dismiss. Brief in Support due by 8/31/2020.Signed by Honorable Malachy E Mannion on 8/24/20 (bs) (Entered: 08/24/2020)

Aug. 24, 2020

Aug. 24, 2020

PACER
16

BRIEF IN SUPPORT re 7 MOTION to Dismiss filed by Kristin Ahrens, Mark J. Georgetti, Teresa D. Miller, Pennsylvania Department of Human Services, Pennsylvania Office of Development Programs, Polk Center, Sue Rodgers, White Haven Center, Tom Wolf.(Davis, Jessica) (Entered: 08/31/2020)

Aug. 31, 2020

Aug. 31, 2020

PACER
17

First MOTION for Extension of Time to File Brief to 7 MOTION to Dismiss filed by Russel "Joey" Jennings.(York, Thomas) (Entered: 09/14/2020)

Sept. 14, 2020

Sept. 14, 2020

PACER
18

ORDER granting 17 pltf's Motion for Extension of Time to File Br. in oppos. re 7 MOTION to Dismiss. Brief in Opposition due by 10/5/2020.Signed by Honorable Malachy E Mannion on 9/14/20 (bs) (Entered: 09/14/2020)

Sept. 14, 2020

Sept. 14, 2020

PACER
19

MOTION to Certify Class by Russel "Joey" Jennings.(York, Thomas) (Entered: 09/30/2020)

Sept. 30, 2020

Sept. 30, 2020

PACER
20

NOTICE of Change of Address by Thomas Brian York (York, Thomas) (Entered: 09/30/2020)

Sept. 30, 2020

Sept. 30, 2020

PACER
21

Second MOTION for Extension of Time to File Brief to 7 MOTION to Dismiss filed by Russel "Joey" Jennings.(York, Thomas) (Entered: 10/05/2020)

Oct. 5, 2020

Oct. 5, 2020

PACER
22

ORDER granting 21 pltf's 2nd Motion for Extension of Time to File br in oppos re 7 MOTION to Dismiss. Brief in Oppos due by 10/9/2020.Signed by Honorable Malachy E Mannion on 10/6/20 (bs) Modified on 10/6/2020 (bs). (Entered: 10/06/2020)

Oct. 6, 2020

Oct. 6, 2020

PACER
23

Unopposed MOTION to Exceed Page Limitation by Russel "Joey" Jennings. (Attachments: # 1 Proposed Order)(York, Thomas) (Entered: 10/07/2020)

Oct. 7, 2020

Oct. 7, 2020

PACER
24

ORDER granting 23 pltf's Motion for Leave to File Excess Pages.Signed by Honorable Malachy E Mannion on 10/7/20 (bs) (Entered: 10/07/2020)

Oct. 7, 2020

Oct. 7, 2020

PACER
25

MOTION to Intervene by Certified Settlement Class in Benjamin v. Dep't of Human Services. (Attachments: # 1 Certificate of Nonconcurrence, # 2 Proposed Order)(Darr, Kelly) (Entered: 10/07/2020)

Oct. 7, 2020

Oct. 7, 2020

PACER
26

BRIEF IN SUPPORT re 25 MOTION to Intervene filed by Certified Settlement Class in Benjamin v. Dep't of Human Services. (Attachments: # 1 Attachments 1-3, # 2 Proposed Order)(Darr, Kelly) (Entered: 10/07/2020)

Oct. 7, 2020

Oct. 7, 2020

PACER
27

PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Robin Resnick on behalf of Certified Settlement Class in Benjamin v. Dep't of Human Services Attorney Robin Resnick is seeking special admission. Filing fee $ 50, receipt number APAMDC-5291084.. (Resnick, Robin) (Entered: 10/09/2020)

Oct. 9, 2020

Oct. 9, 2020

PACER
28

SPECIAL ADMISSIONS FORM APPROVED as to Robin Resnick.Signed by Honorable Malachy E Mannion on 10/9/20. (bs) (Entered: 10/09/2020)

Oct. 9, 2020

Oct. 9, 2020

PACER
29

BRIEF IN OPPOSITION re 7 MOTION to Dismiss filed by Russel "Joey" Jennings.(York, Thomas) (Entered: 10/09/2020)

Oct. 9, 2020

Oct. 9, 2020

PACER
30

BRIEF IN SUPPORT re 19 MOTION to Certify Class filed by Russel "Joey" Jennings. (Attachments: # 1 Proposed Order)(York, Thomas) (Entered: 10/14/2020)

Oct. 14, 2020

Oct. 14, 2020

PACER
31

Unopposed MOTION to Amend/Correct 29 Brief in Opposition to Motion to Dismiss by Russel "Joey" Jennings. (Attachments: # 1 Corrected Response, # 2 Unpublished Opinion(s), # 3 Unpublished Opinion(s), # 4 Unpublished Opinion(s), # 5 Unpublished Opinion(s), # 6 Proposed Order)(York, Thomas) (Entered: 10/15/2020)

Oct. 15, 2020

Oct. 15, 2020

PACER
32

CERTIFICATE of of Concurrence and Non-Concurrence by Certified Settlement Class in Benjamin v. Dep't of Human Services re 25 MOTION to Intervene (Revised). (Resnick, Robin) (Entered: 10/16/2020)

Oct. 16, 2020

Oct. 16, 2020

PACER
33

Unopposed MOTION for Extension of Time to File Brief to 26 Brief in Support, 25 MOTION to Intervene filed by Russel "Joey" Jennings. (Attachments: # 1 Proposed Order)(York, Thomas) (Entered: 10/21/2020)

Oct. 21, 2020

Oct. 21, 2020

PACER
34

ORDER granting 31 plft's Motion to Correct br. in oppos. to motion to dismiss.Signed by Honorable Malachy E Mannion on 10/21/20 (bs) (Entered: 10/21/2020)

Oct. 21, 2020

Oct. 21, 2020

PACER
35

ORDER granting 33 pltfs' Motion for Extension of Time to File br. oppos. re 25 MOTION to Intervene. Brief in Opposition due by 10/26/2020.Signed by Honorable Malachy E Mannion on 10/21/20 (bs) (Entered: 10/21/2020)

Oct. 21, 2020

Oct. 21, 2020

PACER
36

BRIEF IN OPPOSITION re 25 MOTION to Intervene filed by Russel "Joey" Jennings. (Attachments: # 1 Unpublished Opinion(s), # 2 Unpublished Opinion(s), # 3 Unpublished Opinion(s), # 4 Unpublished Opinion(s))(York, Thomas) (Entered: 10/26/2020)

Oct. 26, 2020

Oct. 26, 2020

PACER
37

MOTION to Stay re 19 MOTION to Certify Class by Kristin Ahrens, Mark J. Georgetti, Teresa D. Miller, Pennsylvania Department of Human Services, Pennsylvania Office of Development Programs, Polk Center, Sue Rodgers, White Haven Center, Tom Wolf.(Davis, Jessica) (Entered: 10/28/2020)

Oct. 28, 2020

Oct. 28, 2020

PACER
38

BRIEF IN SUPPORT re 37 MOTION to Stay re 19 MOTION to Certify Class filed by Kristin Ahrens, Mark J. Georgetti, Teresa D. Miller, Pennsylvania Department of Human Services, Pennsylvania Office of Development Programs, Polk Center, Sue Rodgers, White Haven Center, Tom Wolf.(Davis, Jessica) (Entered: 10/28/2020)

Oct. 28, 2020

Oct. 28, 2020

PACER
39

MOTION for Extension of Time to File Brief to 7 MOTION to Dismiss filed by Kristin Ahrens, Mark J. Georgetti, Teresa D. Miller, Pennsylvania Department of Human Services, Pennsylvania Office of Development Programs, Polk Center, Sue Rodgers, White Haven Center, Tom Wolf.(Davis, Jessica) (Entered: 11/04/2020)

Nov. 4, 2020

Nov. 4, 2020

PACER
40

ORDER granting 39 PA deftt's Motion for Extension of Time to File br. in support re 7 MOTION to Dismiss. Brief in Support due by 11/25/2020.Signed by Honorable Malachy E Mannion on 11/5/20 (bs) (Entered: 11/05/2020)

Nov. 5, 2020

Nov. 5, 2020

PACER
41

REPLY BRIEF re 25 MOTION to Intervene filed by Certified Settlement Class in Benjamin v. Dep't of Human Services. (Attachments: # 1 Attachment 1 (Supplemental Darr Declaration))(Resnick, Robin) (Entered: 11/09/2020)

Nov. 9, 2020

Nov. 9, 2020

PACER
42

MOTION for Leave to File Sur-Reply by Russel "Joey" Jennings. (Attachments: # 1 Proposed Order)(York, Thomas) (Entered: 11/11/2020)

Nov. 11, 2020

Nov. 11, 2020

PACER
43

Unopposed MOTION for Extension of Time to Change due date for Expert Reports by Russel "Joey" Jennings. (Attachments: # 1 Proposed Order)(York, Thomas) (Entered: 11/11/2020)

Nov. 11, 2020

Nov. 11, 2020

PACER
44

ORDER granting 43 pltf's Motion to Extend Time to file expert reports. Expert Reports is due by 1/31/2021. Signed by Honorable Malachy E Mannion on 11/16/20 (bs) (Entered: 11/16/2020)

Nov. 16, 2020

Nov. 16, 2020

PACER
45

ORDER granting 42 PLTF'S Motion for Leave to File sur reply br. Br. due on or before 11/23/20. Signed by Honorable Malachy E Mannion on 11/17/20 (bs) (Entered: 11/17/2020)

Nov. 17, 2020

Nov. 17, 2020

PACER
46

First MOTION for Extension of Time to File Brief to 41 Reply Brief filed by Russel "Joey" Jennings. (Attachments: # 1 Proposed Order)(York, Thomas) (Entered: 11/23/2020)

Nov. 23, 2020

Nov. 23, 2020

PACER
47

ORDER granting 46 pltfs Motion for Extension of Time to File sur Reply in oppos. to re 25 MOTION to Intervene.Sur Reply Brief in oppos due by 11/25/2020. Signed by Honorable Malachy E Mannion on 11/24/20 (bs) (Entered: 11/24/2020)

Nov. 24, 2020

Nov. 24, 2020

PACER
48

Second MOTION for Extension of Time to File Brief to 7 MOTION to Dismiss filed by Kristin Ahrens, Mark J. Georgetti, Teresa D. Miller, Pennsylvania Department of Human Services, Pennsylvania Office of Development Programs, Polk Center, Sue Rodgers, White Haven Center, Tom Wolf.(Davis, Jessica) (Entered: 11/24/2020)

Nov. 24, 2020

Nov. 24, 2020

PACER
49

SUR REPLY to REPLY to Response to Motion re 25 MOTION to Intervene filed by Russel "Joey" Jennings.(York, Thomas) (Entered: 11/25/2020)

Nov. 25, 2020

Nov. 25, 2020

PACER
50

ORDER granting 48 defts Motion for Extension of Time to File Reply Br. re 7 MOTION to Dismiss. Reply Brief due by 12/9/2020. Signed by Honorable Malachy E Mannion on 12/1/20 (bs) (Entered: 12/01/2020)

Dec. 1, 2020

Dec. 1, 2020

PACER
51

MOTION for Extension of Time to File Brief to 7 MOTION to Dismiss filed by Kristin Ahrens, Mark J. Georgetti, Teresa D. Miller, Polk Center, Sue Rodgers, White Haven Center, Tom Wolf.(Davis, Jessica) (Entered: 12/09/2020)

Dec. 9, 2020

Dec. 9, 2020

PACER
52

ORDER granting 51 defts Motion for Extension of Time to File Br. in supp. re 7 MOTION to Dismiss. Brief in Support due by 12/23/2020. Signed by Honorable Malachy E Mannion on 12/10/20 (bs) (Entered: 12/10/2020)

Dec. 10, 2020

Dec. 10, 2020

PACER
53

MOTION for Extension of Time to File Brief to 7 MOTION to Dismiss filed by Kristin Ahrens, Mark J. Georgetti, Teresa D. Miller, Pennsylvania Department of Human Services, Pennsylvania Office of Development Programs, Polk Center, Sue Rodgers, White Haven Center, Tom Wolf.(Davis, Jessica) (Entered: 12/23/2020)

Dec. 23, 2020

Dec. 23, 2020

PACER
54

ORDER granting 53 deft's Motion for Extension of Time to File Reply brief re 7 MOTION to Dismiss. Reply Brief due by 1/6/2021. Signed by Honorable Malachy E Mannion on 12/28/20 (bs) (Entered: 12/28/2020)

Dec. 28, 2020

Dec. 28, 2020

PACER
56

MOTION for Leave to File Sur-Reply by Russel "Joey" Jennings. (Attachments: # 1 Proposed Order)(York, Thomas) (Entered: 01/11/2021)

Jan. 11, 2021

Jan. 11, 2021

PACER

DOCKET ANNOTATION: Doc. 55 deleted and will be refiled correctly as a reply br. (bs)

Jan. 11, 2021

Jan. 11, 2021

PACER
57

ORDER granting 56 pltf's Motion for Leave to File sur reply brief. Sur reply br. due 1/22/21. Signed by Honorable Malachy E Mannion on 1/11/21 (bs) (Entered: 01/11/2021)

Jan. 11, 2021

Jan. 11, 2021

PACER
58

REPLY BRIEF re 7 MOTION to Dismiss filed by Kristin Ahrens, Mark J. Georgetti, Teresa D. Miller, Pennsylvania Department of Human Services, Pennsylvania Office of Development Programs, Polk Center, Sue Rodgers, White Haven Center, Tom Wolf.(Davis, Jessica) (Entered: 01/12/2021)

Jan. 12, 2021

Jan. 12, 2021

PACER
59

First MOTION for Extension of Time to File Brief for Sur-Reply as to Motion to Dismiss filed by Russel "Joey" Jennings. (Attachments: # 1 Proposed Order)(York, Thomas) (Entered: 01/22/2021)

Jan. 22, 2021

Jan. 22, 2021

PACER
60

ORDER granting 59 pltf's Motion for Extension of Time to File Sur Reply br. Sur reply br. in oppos. to mot. to dismiss due 1/28/21. Signed by Honorable Malachy E Mannion on 1/22/21 (bs) (Entered: 01/22/2021)

Jan. 22, 2021

Jan. 22, 2021

PACER
61

NOTICE of Appearance by Matthew J. McLees on behalf of All Defendants (McLees, Matthew) (Entered: 01/28/2021)

Jan. 28, 2021

Jan. 28, 2021

PACER
62

SUR REPLY to REPLY to Response to Motion re 7 MOTION to Dismiss filed by Russel "Joey" Jennings.(York, Thomas) (Entered: 01/28/2021)

Jan. 28, 2021

Jan. 28, 2021

PACER
63

Unopposed MOTION for Extension of Time to Scheduling Order by Russel "Joey" Jennings. (Attachments: # 1 Proposed Order)(York, Thomas) (Entered: 01/29/2021)

Jan. 29, 2021

Jan. 29, 2021

PACER
64

ORDER granting 63 Motion to Extend Time Amended Pleadings due by pltf. by 4/30/21, by deft. 5/31/2021. Discovery due by 7/31/2021. Expert Report is due by 4/30/2021. Expert Discovery Deadline is due by 7/31/2021.Supplemental due by 6/30/2021 Joinder of Parties due by pltf. by 4/30/21 by defts. by 5/31/2021. Dispositive Motions due by 8/31/2021. Signed by Honorable Malachy E Mannion on 1/29/21 (bs) (Entered: 01/29/2021)

Jan. 29, 2021

Jan. 29, 2021

PACER
71

MEMORANDUM (Order to follow as separate docket entry) Signed by Honorable Malachy E Mannion on 7/19/21. (ao)

July 19, 2021

July 19, 2021

RECAP
86

MEMORANDUM (Order to follow as separate docket entry) Signed by Honorable Malachy E Mannion on 12/27/21. (ga) (Entered: 12/27/2021)

Dec. 27, 2021

Dec. 27, 2021

RECAP
87

ORDER (memorandum filed previously as separate docket entry). IT IS HEREBY ORDERED THAT: The motion filed by the certified settlement class (Doc. 25), to intervene is DENIED. Signed by Honorable Malachy E Mannion on 12/27/21. (ga) (Entered: 12/27/2021)

Dec. 27, 2021

Dec. 27, 2021

RECAP
88

ORDER - IT IS HEREBY ORDERED THAT: the Commonwealth defendant's motion for an extension of time to file its brief in opposition is GRANTED. It is to be filed on or before January 10, 2022 Signed by Honorable Malachy E Mannion on 12/27/21 (ga) (Entered: 12/27/2021)

Dec. 27, 2021

Dec. 27, 2021

PACER
89

ORDER granting 85 Motion for Extension of Case Management Deadines. (See Order for extension deadlines). Signed by Honorable Malachy E Mannion on 12/27/21 (ga) (Entered: 12/27/2021)

Dec. 27, 2021

Dec. 27, 2021

PACER
90

ORDER - The previously filed Order, (Doc. 64), granting the Commonwealth defendants' unopposed motion to stay the motion for class certification pending the Court's rullings on the Commonwealth defendants' motion to dismiss and proposed intervenors' motion to intervene, (Doc. 37) is VACATED, as those motions have now been decided. (SEE ORDER FOR FURTHER DETAILS). Signed by Honorable Malachy E Mannion on 12/27/21. (ga) (Entered: 12/27/2021)

Dec. 27, 2021

Dec. 27, 2021

PACER
91

Unopposed MOTION to Exceed Page Limitation by Kristin Ahrens, Mark J. Georgetti, Teresa D. Miller, Pennsylvania Department of Human Services, Pennsylvania Office of Development Programs, Polk Center, Sue Rodgers, White Haven Center, Tom Wolf. (Attachments: # 1 Proposed Order)(Boland, Nicole) (Entered: 01/10/2022)

Jan. 10, 2022

Jan. 10, 2022

PACER
92

BRIEF IN OPPOSITION re 81 First MOTION for Preliminary Injunction filed by Kristin Ahrens, Mark J. Georgetti, Teresa D. Miller, Pennsylvania Department of Human Services, Pennsylvania Office of Development Programs, Polk Center, Sue Rodgers, White Haven Center, Tom Wolf. (Attachments: # 1 Exhibit(s) A Ahrens Declaration, # 2 Exhibit(s) B Dressler Declaration)(Boland, Nicole) (Entered: 01/10/2022)

Jan. 10, 2022

Jan. 10, 2022

PACER
93

ORDER REFERRING CASE to Mediation. Thomas I. Vanaskie for Mediator added. Signed by Honorable Malachy E Mannion on 1/11/22. (bs) (Entered: 01/11/2022)

Jan. 11, 2022

Jan. 11, 2022

PACER
94

ORDER granting 91 deft's Motion for Leave to File Excess Pages. Defendants may file a brief not exceeding 5250 words. Signed by Honorable Malachy E Mannion on 1/14/22 (bs) (Entered: 01/14/2022)

Jan. 14, 2022

Jan. 14, 2022

PACER
95

First MOTION to Exceed Page Limitation by Russel "Joey" Jennings. (Attachments: # 1 Proposed Order, # 2 Plaintiffs' Reply on Motion for Preliminary Injunction)(York, Thomas) (Entered: 01/24/2022)

Jan. 24, 2022

Jan. 24, 2022

PACER
96

Joint MOTION for Extension of Time to Expert deadlines by Russel "Joey" Jennings. (Attachments: # 1 Proposed Order)(York, Thomas) (Entered: 01/25/2022)

Jan. 25, 2022

Jan. 25, 2022

PACER
97

ORDER granting 95 Motion for Leave to File Excess Pages Plaintiffs reply may exceed the page limit and that reply in support of the Motion For Preliminary Injunction shall be due on or before January 28, 2022. Signed by Honorable Malachy E Mannion on 1/27/22 (bs) (Entered: 01/27/2022)

Jan. 27, 2022

Jan. 27, 2022

PACER
98

REPLY BRIEF re 81 First MOTION for Preliminary Injunction filed by Russel "Joey" Jennings.(York, Thomas) (Entered: 01/28/2022)

Jan. 28, 2022

Jan. 28, 2022

PACER
99

BRIEF IN OPPOSITION re 19 MOTION to Certify Class filed by Kristin Ahrens, Mark J. Georgetti, Teresa D. Miller, Pennsylvania Department of Human Services, Pennsylvania Office of Development Programs, Polk Center, Sue Rodgers, White Haven Center, Tom Wolf. (Attachments: # 1 Exhibit(s) A Ahrens Declaration, # 2 Exhibit(s) B Dressler Declaration, # 3 Exhibit(s) C Second Dressler Declaration)(Boland, Nicole) (Entered: 01/31/2022)

Jan. 31, 2022

Jan. 31, 2022

PACER
100

ORDER granting 96 joint motion for modification of sched. order. Expert Report is due by 3/7/2022. (See order for details). Signed by Honorable Malachy E Mannion on 2/1/22 (bs) (Entered: 02/02/2022)

Feb. 1, 2022

Feb. 1, 2022

PACER
101

First MOTION for Extension of Time to to File Reply on Class Certification by Russel "Joey" Jennings. (Attachments: # 1 Proposed Order)(York, Thomas) (Entered: 02/14/2022)

Feb. 14, 2022

Feb. 14, 2022

PACER
102

ORDER granting 101 pltf's Motion to Extend Time to file reply on Class Certification. Reply due 2/21/22. Signed by Honorable Malachy E Mannion on 2/15/22 (bs) (Entered: 02/15/2022)

Feb. 15, 2022

Feb. 15, 2022

PACER
103

Unopposed MOTION for Extension of Time to to File Reply on Class Action by Russel "Joey" Jennings. (Attachments: # 1 Proposed Order)(York, Thomas) (Entered: 02/21/2022)

Feb. 21, 2022

Feb. 21, 2022

PACER
104

ORDER granting 103 pltf's Motion to Extend Time. Pltf. may file their reply br. in supp. of mot. to certify class action on or before 2/24/22. Signed by Honorable Malachy E Mannion on 2/23/22 (bs) (Entered: 02/23/2022)

Feb. 23, 2022

Feb. 23, 2022

PACER
105

REPLY BRIEF re 19 MOTION to Certify Class filed by Russel "Joey" Jennings.(York, Thomas) (Entered: 02/24/2022)

Feb. 24, 2022

Feb. 24, 2022

PACER
106

SCHEDULING ORDER:The mediator has contacted the court to convey the parties request to extend discovery an additional thirty (30) days. The request is GRANTED. Discovery is extended until April 17, 2022. Discovery due by 4/17/2022. Signed by Honorable Malachy E Mannion on 3/3/22. (bs) (Entered: 03/03/2022)

March 3, 2022

March 3, 2022

PACER
107

Second MOTION for Extension of Time to Schedule by Russel "Joey" Jennings. (Attachments: # 1 Proposed Order)(York, Thomas) (Entered: 04/07/2022)

April 7, 2022

April 7, 2022

PACER
108

ORDER granting 107 Motion to Extend ddls. Discovery due by 6/15/2022. Expert Report is due by 5/9/2022. Dispositive Motions due by 7/15/2022. Supplemental due by 5/30/2022. Signed by Honorable Malachy E Mannion on 4/7/22 (bs) (Entered: 04/07/2022)

April 7, 2022

April 7, 2022

PACER
109

WITHDRAWAL OF ATTORNEY APPEARANCE - Attorney Lindsey A. Bedell terminated on behalf of. (Bedell, Lindsey) (Entered: 04/14/2022)

April 14, 2022

April 14, 2022

PACER
110

First MOTION for Extension of Time to Serve Discovery Responses and Objections by Russel "Joey" Jennings. (Attachments: # 1 Proposed Order)(York, Thomas) (Entered: 05/01/2022)

1 Proposed Order

View on PACER

May 1, 2022

May 1, 2022

RECAP
111

Unopposed MOTION for Extension of Time to Respond and Object to Discovery by Russel "Joey" Jennings. (Attachments: # 1 Proposed Order)(York, Thomas) (Entered: 05/06/2022)

May 6, 2022

May 6, 2022

PACER
112

ORDER granting 111 Motion to Extend Time. Plaintiffs shall serve their responses and objections on or before May 18, 2022. terminating 110 Signed by Honorable Malachy E Mannion on 5/11/22 (bs) (Entered: 05/11/2022)

May 11, 2022

May 11, 2022

RECAP

Case Details

State / Territory: Pennsylvania

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Olmstead Cases

Multi-LexSum (in sample)

Key Dates

Filing Date: Jan. 29, 2020

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Residents of two Pennsylvania intermediate-care facilities for individuals with intellectual disabilities (ICF/IID).

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

Governor of Pennsylvania, State

Pennsylvania Secretary of Department of Human Services, State

Deputy Secretary of Pennsylvania Office of Developmental Programs, State

Facility Director at Polk Center, Non-profit or advocacy

Facility Director at White Haven Center, Non-profit or advocacy

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

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

Medicaid, 42 U.S.C §1396 (Title XIX of the Social Security Act)

Constitutional Clause(s):

Due Process: Substantive Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General:

Access to public accommodations - governmental

Food service / nutrition / hydration

Government Services

Housing

Placement in mental health facilities

Special education

Staff (number, training, qualifications, wages)

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

disability, unspecified

Integrated setting

Least restrictive environment

Mental impairment

Mental Disability:

Autism

Brain injury

Cerebral palsy

Intellectual/developmental disability, unspecified

Medical/Mental Health:

ICF/MR & HCFA standards

Intellectual/Developmental Disability

Intellectual disability/mental illness dual diagnosis

Medical care, general

Mental health care, general

Self-injurious behaviors

Tuberculosis

Vision care

Type of Facility:

Government-run

Benefit Source:

Medicaid