Case: University Legal Services v. District of Columbia

1:18-cv-00301 | U.S. District Court for the District of District of Columbia

Filed Date: Feb. 9, 2018

Closed Date: June 28, 9

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Case Summary

This is a case about whether a Protection and Advocacy (P&A) agency can allege a violation of its records access authority where they can demonstrate pattern of non-compliance. On February 9, 2018, University Legal Services, Washington D.C.’s P&A, filed this lawsuit in the U.S. District Court for the District of Columbia. University Legal Services alleged that the District of Columbia (D.C.) violated its investigations authority under the Protection and Advocacy for Individuals With Mental Illness Act (PAIMI Act) and the Developmental Disabilities Assistance and Bill of Rights Act (DD Act) when they refused to provide the P&A with records. The P&A also alleged that the District of Columbia’s behavior violated 42 U.S.C. § 1983. Represented by itself as well as Crowell & Moring LLP, the P&A sought injunctive and declaratory relief that required D.C. provide them with records in a timely manner when they request records pursuant to their PAIMI and DD Act access authority. Then-District Judge Kentaji Brown Jackson presided over this matter.

University Legal Services commenced this action because D.C. refused to provide them with records during an investigation after establishing probable cause that D.C. abused a child in its custody. D.C. provided University Legal Services with the records, and filed a Motion to Dismiss the claim for mootness. However, the P&A amended its complaint in March 2018, and argued that this instance was part of a larger pattern where D.C. did not provide them with records under its DD and PAIMI Act authority. On March 30, 2019, the court granted D.C.’s Motion to Dismiss the claims under 42 U.S.C. § 1983, but denied the motion regarding the DD and PAIMI Act claims. The court reasoned that University Legal Services’ amended complaint demonstrated sufficient evidence that D.C. engaged in a pattern of behavior that could warrant injunctive relief.

	Document
1 1:18-cv-00301	Complaint for Declaratory and Injunctive Relief University Legal Services, Inc. v. District of Columbia	Feb. 9, 2018	Feb. 9, 2018 Complaint
14 1:18-cv-00301	First Amended Complaint for Declaratory and Injunctive Relief University Legal Services, Inc. v. District of Columbia	March 22, 2018	March 22, 2018 Complaint
23 1:18-cv-00301	Memorandum Opinion University Legal Services, Inc. v. District of Columbia	March 30, 2019	March 30, 2019 Order/Opinion 2019 WL 1430045
29 1:18-cv-00301	Stipulation of Dismissal Univ Legal Services v. District of Columbia	June 28, 2019	June 28, 2019 Pleading / Motion / Brief

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0090-5326303) filed by UNIVERSITY LEGAL SERVICES, INC.. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons)(Davis, Leslie) (Entered: 02/09/2018) 1 Civil Cover Sheet View on PACER 2 Summons View on PACER 3 Summons View on PACER 4 Summons View on PACER	Feb. 9, 2018	Feb. 9, 2018 Clearinghouse
2	WITHDRAWN PURSUANT TO MINUTE ENTRY FILED 3/8/2018.....MOTION for Preliminary Injunction by UNIVERSITY LEGAL SERVICES, INC. (Attachments: # 1 Text of Proposed Order)(Davis, Leslie) Modified on 3/8/2018 (jd). (Entered: 02/09/2018)	Feb. 9, 2018	Feb. 9, 2018 PACER
3	MEMORANDUM in support re 2 MOTION for Preliminary Injunction Memorandum of Law in Support of Motion for Preliminary Injunction by UNIVERSITY LEGAL SERVICES, INC. (Attachments: # 1 Exhibit Declaration of H. McElhinny, # 2 Exhibit Declaration of L. Niles)(Davis, Leslie) Modified on 2/16/2018 to correct docket event/text (jf). (Entered: 02/09/2018) 1 Exhibit Declaration of H. McElhinny View on PACER 2 Exhibit Declaration of L. Niles View on PACER	Feb. 9, 2018	Feb. 9, 2018 PACER
4	Corporate Disclosure Statement by UNIVERSITY LEGAL SERVICES, INC.. (Davis, Leslie) (Entered: 02/09/2018)	Feb. 9, 2018	Feb. 9, 2018 PACER
	Case Assigned to Judge Ketanji Brown Jackson. (zsth)	Feb. 9, 2018	Feb. 9, 2018 PACER
5	SUMMONS (3) Issued Electronically as to MURIEL BOWSER, CLINTON LACEY and District of Columbia Attorney General. (Attachments: # 1 Notice and Consent)(zsth) (Entered: 02/09/2018)	Feb. 9, 2018	Feb. 9, 2018 PACER
6	NOTICE of Appearance by Robert Joseph Rich on behalf of MURIEL BOWSER, DISTRICT OF COLUMBIA, CLINTON LACEY (Rich, Robert) (Entered: 02/12/2018)	Feb. 12, 2018	Feb. 12, 2018 PACER
7	GENERAL ORDER AND GUIDELINES FOR CIVIL CASES BEFORE JUDGE KETANJI BROWN JACKSON. The Court will hold the parties and counsel responsible for following these directives, and parties and counsel should pay particular attention to the Courts instructions for briefing motions and filing exhibits. Failure to adhere to this Order may, when appropriate, result the imposition of sanctions and/or sua sponte denial of non-conforming motions. Signed by Judge Ketanji Brown Jackson on 2/13/2018. (lckbj1) (Entered: 02/13/2018)	Feb. 13, 2018	Feb. 13, 2018 PACER
	MINUTE ORDER. In light of the parties' representations at the scheduling teleconference held on February 16, 2018, regarding the 2 Motion for Preliminary Injunction, a status conference is set for 2/27/2018 at 2:30 PM in Courtroom 17 before Judge Ketanji Brown Jackson. Signed by Judge Ketanji Brown Jackson on 2/16/2018. (lckbj3)	Feb. 16, 2018	Feb. 16, 2018 PACER
	MINUTE ORDER. It is hereby ORDERED that Defendants' obligation to respond to the complaint shall be suspended during the Court's consideration of the merits of the motion for a preliminary injunction. Defendants will have until 14 days after the Court issues its order on the motion for a preliminary injunction to answer or otherwise respond to the Complaint. Signed by Judge Ketanji Brown Jackson on 2/16/2018. (lckbj1)	Feb. 16, 2018	Feb. 16, 2018 PACER
8	NOTICE of Appearance by Michael A. Tilghman on behalf of MURIEL BOWSER, DISTRICT OF COLUMBIA, CLINTON LACEY (Tilghman, Michael) (Entered: 02/26/2018)	Feb. 26, 2018	Feb. 26, 2018 PACER
	Minute Entry for proceedings held before Judge Ketanji Brown Jackson: Status Conference held on 2/27/2018. Status Conference set for 3/8/2018 at 11:00 AM in Courtroom 17 before Judge Ketanji Brown Jackson. (Court Reporter: Elizabeth Saint-Loth) (gdf)	Feb. 27, 2018	Feb. 27, 2018 PACER
9	NOTICE of Appearance by Matthew Adam Richer Cohen on behalf of UNIVERSITY LEGAL SERVICES, INC. (Cohen, Matthew) (Entered: 02/27/2018)	Feb. 27, 2018	Feb. 27, 2018 PACER
10	NOTICE of Appearance by Lyndsay Ayanna Niles on behalf of UNIVERSITY LEGAL SERVICES, INC. (Niles, Lyndsay) (Entered: 02/27/2018)	Feb. 27, 2018	Feb. 27, 2018 PACER
11	NOTICE of Appearance by Sandra J. Bernstein on behalf of UNIVERSITY LEGAL SERVICES, INC. (Bernstein, Sandra) (Entered: 02/28/2018)	Feb. 28, 2018	Feb. 28, 2018 PACER
	MINUTE ORDER. The parties appeared before this Court on February 27, 2018, for a status conference. In light of the parties' request for additional time to assess the status of Defendants' document production and its impact on this litigation, this Court finds that it will not prejudice the parties in this case to postpone any hearing on Plaintiffs' application for preliminary injunctive relief to a date later than 21 days after the filing of the motion. See LCvR 65.1(d). Signed by Judge Ketanji Brown Jackson on 2/28/2018. (lckbj3)	Feb. 28, 2018	Feb. 28, 2018 PACER
12	NOTICE of Appearance by Joshua Wade Dansby on behalf of All Defendants (Dansby, Joshua) (Entered: 03/01/2018)	March 1, 2018	March 1, 2018 PACER
13	NOTICE of Appearance by Mary Nell McGarity Clark on behalf of All Plaintiffs (Clark, Mary Nell) (Entered: 03/05/2018)	March 5, 2018	March 5, 2018 PACER
	NOTICE OF COURTROOM CHANGE: Status Conference set for 3/8/2018 at 11:00 AM in Courtroom 19 before Judge Ketanji Brown Jackson. (gdf)	March 6, 2018	March 6, 2018 PACER
	Minute Entry for proceedings held before Judge Ketanji Brown Jackson: Status Conference held on 3/8/2018. Oral request to withdraw 2 Motion for Preliminary Injunction; GRANTED. Plaintiff's amended complaint due in two weeks. Defendants answer due 21 days thereafter. Order forthcoming via chambers. (Court Reporter: Elizabeth Saint-Loth) (jd)	March 8, 2018	March 8, 2018 PACER
	MINUTE ORDER. The parties appeared before this Court for a status conference on March 8, 2018. During the status conference, the Court addressed certain aspects of Plaintiff's complaint in light of subsequent developments in this case, and expressed its interest in having Plaintiff file an amended complaint that clearly reflects Plaintiff's current claims. Accordingly, it is hereby ORDERED that Plaintiff shall file an amended complaint, on or before March 22, 2018, and Defendants shall answer or otherwise respond to the amended complaint on or before April 12, 2018. Signed by Judge Ketanji Brown Jackson on 3/8/2018. (lckbj3)	March 8, 2018	March 8, 2018 PACER
14	AMENDED COMPLAINT against All Defendants filed by UNIVERSITY LEGAL SERVICES, INC.. (Attachments: # 1 Exhibit Redlined Version of Amended Complaint)(Cohen, Matthew) (Entered: 03/22/2018) 1 Exhibit Redlined Version of Amended Complaint View on PACER	March 22, 2018	March 22, 2018 Clearinghouse
15	MOTION to Dismiss First Amended Complaint by MURIEL BOWSER, DISTRICT OF COLUMBIA, CLINTON LACEY (Attachments: # 1 Exhibit, # 2 Text of Proposed Order)(Rich, Robert) (Entered: 04/12/2018)	April 12, 2018	April 12, 2018 PACER
16	Memorandum in opposition to re 15 MOTION to Dismiss First Amended Complaint filed by UNIVERSITY LEGAL SERVICES, INC.. (Attachments: # 1 Declaration L. Niles, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C)(Cohen, Matthew) (Entered: 04/26/2018)	April 26, 2018	April 26, 2018 PACER
17	Consent MOTION for Extension of Time to File Response/Reply as to 15 MOTION to Dismiss First Amended Complaint by MURIEL BOWSER, DISTRICT OF COLUMBIA, CLINTON LACEY (Attachments: # 1 Text of Proposed Order)(Rich, Robert) (Entered: 05/01/2018)	May 1, 2018	May 1, 2018 PACER
	MINUTE ORDER granting, for good cause shown, 17 Consent Motion for Extension of Time to File Reply re 15 Motion to Dismiss First Amended Complaint. It is hereby ORDERED that Defendants' reply is due on or before 5/10/2018. Signed by Judge Ketanji Brown Jackson on 05/02/2018. (lckbj1)	May 2, 2018	May 2, 2018 PACER
18	REPLY to opposition to motion re 15 MOTION to Dismiss First Amended Complaint filed by MURIEL BOWSER, DISTRICT OF COLUMBIA, CLINTON LACEY. (Rich, Robert) (Entered: 05/10/2018)	May 10, 2018	May 10, 2018 PACER
19	NOTICE OF WITHDRAWAL OF APPEARANCE as to UNIVERSITY LEGAL SERVICES, INC.. Attorney Lyndsay Ayanna Niles terminated. (Niles, Lyndsay) (Entered: 06/28/2018)	June 28, 2018	June 28, 2018 PACER
	MINUTE ORDER setting motion hearing for 2/12/2019 at 03:00 PM in Courtroom 17 before Judge Ketanji Brown Jackson. Signed by Judge Ketanji Brown Jackson on 10/24/18. (lckbj3)	Oct. 24, 2018	Oct. 24, 2018 PACER
20	NOTICE OF WITHDRAWAL OF APPEARANCE as to MURIEL BOWSER, DISTRICT OF COLUMBIA, CLINTON LACEY. Attorney Joshua Wade Dansby terminated. (Dansby, Joshua) (Entered: 01/18/2019)	Jan. 18, 2019	Jan. 18, 2019 PACER
21	NOTICE of Appearance by Jessica Vander Kooi Den Houter on behalf of UNIVERSITY LEGAL SERVICES, INC. (Den Houter, Jessica) (Entered: 01/28/2019)	Jan. 28, 2019	Jan. 28, 2019 PACER
22	NOTICE of New Violation of Law Demonstrating Continued Misconduct by the District by UNIVERSITY LEGAL SERVICES, INC. (Attachments: # 1 Declaration)(Cohen, Matthew) (Entered: 02/01/2019)	Feb. 1, 2019	Feb. 1, 2019 PACER
	Minute Entry for proceedings held before Judge Ketanji Brown Jackson: Motion Hearing held on 2/12/2019 re 15 MOTION to Dismiss First Amended Complaint. Oral argument heard and motion taken under advisement. (Court Reporter: Nancy Meyer) (gdf)	Feb. 12, 2019	Feb. 12, 2019 PACER
23	MEMORANDUM AND OPINION. Defendants' motion to dismiss 15 will be GRANTED IN PART and DENIED IN PART, as follows: all claims against the individual defendants in Counts 1 and 2 will be dismissed, and Count 2 will be dismissed in its entirety. Plaintiff's claim against the District of Columbia in Count 1 will be permitted to proceed. Signed by Judge Ketanji Brown Jackson on 3/30/19. (lckbj3, ) (Entered: 03/30/2019)	March 30, 2019	March 30, 2019 Clearinghouse
24	ORDER granting in part and denying in part Defendants' 15 Motion to Dismiss. All claims against the individual defendants in Counts 1 and 2 are dismissed, and Count 2 is dismissed in its entirety. Plaintiff's claim against the District of Columbia in Count 1 will proceed. Signed by Judge Ketanji Brown Jackson on 3/30/19. Signed by Judge Ketanji Brown Jackson on 3/30/19. (lckbj3) (Entered: 03/30/2019)	March 30, 2019	March 30, 2019 PACER
25	Consent MOTION for Extension of Time to File Answer re 14 Amended Complaint by DISTRICT OF COLUMBIA (Attachments: # 1 Text of Proposed Order)(Tilghman, Michael) (Entered: 04/11/2019)	April 11, 2019	April 11, 2019 PACER
	Set/Reset Deadlines	April 25, 2019	April 25, 2019 PACER
	Order on Motion for Extension of Time to Answer	April 25, 2019	April 25, 2019 PACER
	MINUTE ORDER granting, for good cause shown, 25 Consent Motion for Extension of Time to Answer, nunc pro tunc. It is hereby ORDERED that the District of Columbia shall answer or otherwise respond to the Amended Complaint on or before 5/15/2019. Signed by Judge Ketanji Brown Jackson on 4/25/2019. (lckbj1)	April 25, 2019	April 25, 2019 PACER
26	ANSWER to 14 Amended Complaint by DISTRICT OF COLUMBIA.(Rich, Robert) (Entered: 05/15/2019)	May 15, 2019	May 15, 2019 PACER
27	ORDER setting Initial Scheduling Conference for 7/9/2019 at 10:15 AM in Courtroom 17 before Judge Ketanji Brown Jackson. Signed by Judge Ketanji Brown Jackson on 5/17/2019. (lckbj1) (Entered: 05/17/2019)	May 17, 2019	May 17, 2019 PACER
28	Second MOTION to Dismiss Plaintiff's First Amended Complaint by DISTRICT OF COLUMBIA (Attachments: # 1 Exhibit, # 2 Text of Proposed Order)(Tilghman, Michael) (Entered: 06/17/2019)	June 17, 2019	June 17, 2019 PACER
29	STIPULATION of Dismissal by UNIVERSITY LEGAL SERVICES, INC.. (Cohen, Matthew) (Entered: 06/28/2019)	June 28, 2019	June 28, 2019 RECAP

Case: University Legal Services v. District of Columbia

1:18-cv-00301 | U.S. District Court for the District of District of Columbia

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