Case: Univ Legal Services v. Knisely

1:04-cv-01021 | U.S. District Court for the District of District of Columbia

Filed Date: June 22, 2004

Closed Date: July 25, 2007

Clearinghouse coding complete

Case Summary

This is a case about a Protection and Advocacy (P&A) agency’s records access authority. On June 22, 2004, University Legal Service-Protection and Advocacy, Inc. (University Legal), the District of Columbia’s P&A, filed this lawsuit in the United States District Court for the District of Columbia. University Legal filed this lawsuit against the Acting Director of Northwestern Human Services (Northwestern), John Stupak, in his official capacity, and the Director of the District of Columbia Depart…

This is a case about a Protection and Advocacy (P&A) agency’s records access authority. On June 22, 2004, University Legal Service-Protection and Advocacy, Inc. (University Legal), the District of Columbia’s P&A, filed this lawsuit in the United States District Court for the District of Columbia. University Legal filed this lawsuit against the Acting Director of Northwestern Human Services (Northwestern), John Stupak, in his official capacity, and the Director of the District of Columbia Department of Mental Health (DMH), Martha Knisley, in her official capacity, under the Protection and Advocacy for Individuals With Mental Illness Act (PAIMI Act) and the First and Fifth Amendments via § 1983. Represented by itself, University Legal sought declarative and injunctive relief, as well as attorney’s fees, that required Stupak and Knisley to release the records that University Legal already requested as well as any future records requested under the PAIMI Act investigation authority. Judge Reggie B. Walton presided over this matter.

In March 2003, University Legal asked DMH to investigate Northwestern because of concerns related to the condition of a University Legal client. In February 2004, DMH informed University Legal that an investigation into Northwestern had been opened regarding financial fraud allegations. University Legal brought this lawsuit because both Northwestern and DMH refused to allow University Legal access to records related to the financial fraud investigation and the affected consumers with mental health disabilities.

University Legal filed a motion for preliminary injunction on June 25, 2004, to compel access to the requested records. DMH opposed this by arguing that state law regarding the confidentiality of patient records prevented them from giving University Legal access. In July 2004, both Northwestern and DMH provided some, but not all, of the records requested by University Legal based on a stipulation filed July 16 whereby, through a court rrder, University Legal became a limited client representative solely for the purpose of authorizing release. On November 22, 2004, University Legal filed a motion for summary judgment to gain access to the rest of the records and receive a declaratory judgment for any future record requests. Based on further settlement stipulations, the motion for summary judgment was withdrawn, and Northwestern was removed as a party from the lawsuit. On April 1, 2005, University Legal filed a motion for attorney fees which was denied without prejudice with an order to show cause. On April 3, 2006, University Legal Filed another motion for attorney fees and response to the show cause order. On December 11, 2006, the court granted University Legal’s motion for attorneys' fees, and awarded them $47,867 in fees.The court reasoned that University Legal was a prevailing party and the legal relationship between the parties was materially altered due to the Court Order involved in the settlement. DMH filed a Notice of Appeal on January 10, 2007 and the appeal was dismissed on July 25, 2007.  

This case is closed.

Summary Authors

NDRN (12/15/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4693239/parties/university-legal-services-protection-and-advocacy-inc-v-stupak/


Judge(s)
Attorney for Plaintiff

Bagby, Kelly Riseden (District of Columbia)

Clark, Mary Nell (District of Columbia)

Attorney for Defendant

Boss, L. Barrett (District of Columbia)

Kelley, Joseph T. (District of Columbia)

Robinson, Tonya Ann (District of Columbia)

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Documents in the Clearinghouse

Document
1

1:04-cv-01021

Complaint

June 22, 2004

June 22, 2004

Complaint
5

1:04-cv-01021

Notice of Filing

June 25, 2004

June 25, 2004

Other
22

1:04-cv-01021

Motion for Summary Judgment

Nov. 22, 2004

Nov. 22, 2004

Pleading / Motion / Brief
25

1:04-cv-01021

Order

March 16, 2005

March 16, 2005

Order/Opinion
27-3

1:04-cv-01021

Stipulation

April 1, 2005

April 1, 2005

Order/Opinion
27-1

1:04-cv-01021

Plaintiffs' Memorandum in Support of Motion for Fees

April 1, 2005

April 1, 2005

Pleading / Motion / Brief
38

1:04-cv-01021

Memorandum Opinion

Dec. 11, 2006

Dec. 11, 2006

Order/Opinion

2006 WL 2006

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4693239/university-legal-services-protection-and-advocacy-inc-v-stupak/

Last updated March 14, 2024, 3:16 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against MARTHA B. KNISLEY, JOHN STUPAK (Filing fee $ 150.) filed by UNIVERSITY LEGAL SERVICES-PROTECTION AND ADVOCACY, INC..(jf, ) (Entered: 06/23/2004)

June 22, 2004

June 22, 2004

Clearinghouse

Summons (2) Issued as to MARTHA B. KNISLEY, JOHN STUPAK. (jf, )

June 22, 2004

June 22, 2004

PACER
2

MOTION for Preliminary Injunction by UNIVERSITY LEGAL SERVICES-PROTECTION AND ADVOCACY, INC.. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Exhibit 6# 7 Exhibit 7# 8 Exhibit 8# 9 Exhibit 9# 10 Exhibit 10# 11 Exhibit 11# 12 Exhibit 12# 13 Exhibit 13# 14 Exhibit 14# 15 Exhibit 15# 16 Exhibit 16# 17 Exhibit 17# 18 Exhibit 18# 19 Exhibit 19# 20 Exhibit 20# 21 Exhibit 21# 22 Text of Proposed Order)(jf, ) (Entered: 06/23/2004)

June 22, 2004

June 22, 2004

PACER
3

LCvR 7.1 - CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests of University Legal Services (Bagby, Kelly) (Entered: 06/23/2004)

June 23, 2004

June 23, 2004

PACER
4

NOTICE by UNIVERSITY LEGAL SERVICES-PROTECTION AND ADVOCACY, INC. of Filing Civil Cover Sheet (Attachments: # 1 Civil Cover Sheet)(Bagby, Kelly) (Entered: 06/23/2004)

June 23, 2004

June 23, 2004

PACER
5

NOTICE by UNIVERSITY LEGAL SERVICES-PROTECTION AND ADVOCACY, INC. (Attachments: # 1 Amended Memorandum in support of Motion for Preliminary Injunction# 2 Amended Motion for Preliminary Injunction 2 of 3# 3 Amended Memorandum in support of Preliminary Injunction 3 of 3)(Clark, Mary Nell) (Entered: 06/25/2004)

1 Amended Memorandum in support of Motion for Preliminary Injunction

View on RECAP

2 Amended Motion for Preliminary Injunction 2 of 3

View on RECAP

3 Amended Memorandum in support of Preliminary Injunction 3 of 3

View on RECAP

June 25, 2004

June 25, 2004

Clearinghouse
6

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. JOHN STUPAK served on 6/23/2004, answer due 7/13/2004 (Clark, Mary Nell) (Entered: 06/25/2004)

June 25, 2004

June 25, 2004

PACER
7

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. MARTHA B. KNISLEY served on 6/23/2004, answer due 7/13/2004 (Clark, Mary Nell) (Entered: 06/25/2004)

June 25, 2004

June 25, 2004

PACER

Minute Entry for proceedings held before Judge Reggie B. Walton : Motion Hearing held on 6/29/2004 re 2 MOTION for Preliminary Injunction filed by UNIVERSITY LEGAL SERVICES-PROTECTION AND ADVOCACY, INC.. Status Conference set for 6/30/2004 10:00 AM in Courtroom 5 (Court Reporter Phyllis Merana.) (mpt, )

June 29, 2004

June 29, 2004

PACER
8

MOTION to Seal Document by UNIVERSITY LEGAL SERVICES-PROTECTION AND ADVOCACY, INC.. (Attachments: # 1 Memorandum to Motion to Place under Seal# 2 Text of Proposed Order Proposed Order to Motion to Place under Seal)(Clark, Mary Nell) (Entered: 06/29/2004)

June 29, 2004

June 29, 2004

PACER
12

MOTION for Leave to Appear pro hac vice by Salvatore G. Rotella, Jr. and Joseph T. Kelley,III by JOHN STUPAK. (Attachments: # 1 Text of Proposed Order)(Burgess, Joe) (Entered: 07/01/2004)

June 29, 2004

June 29, 2004

PACER
9

ORDER. Signed by Judge Reggie B. Walton on June 29, 2004. (lcrbw3, ) (Entered: 06/30/2004)

June 30, 2004

June 30, 2004

PACER

Minute Entry for proceedings held before Judge Reggie B. Walton : Status Conference held on 6/30/2004. (Court Reporter Phyllis Merana.) (mpt, )

June 30, 2004

June 30, 2004

PACER
10

Memorandum in opposition to motion for preliminary injunction 2 filed by MARTHA B. KNISLEY. (Attachments: # 1 Affidavits)(jf, ) (Entered: 06/30/2004)

June 30, 2004

June 30, 2004

PACER
13

ORDER granting 12 Motion for Leave to Appear Pro Hac Vice for Salvatore G. Rotella, Jr. and Joseph T. Kelley III for defendant John Stupak. Signed by Judge Reggie B. Walton on 6/30/04. (mpt, ) (Entered: 07/02/2004)

June 30, 2004

June 30, 2004

PACER
11

Memorandum in opposition to motion re 2 preliminary injunction filed by JOHN STUPAK. (Boss, Lenard) (Entered: 07/01/2004)

July 1, 2004

July 1, 2004

PACER
14

STIPULATION on Motion for Preliminary Injunction by MARTHA B. KNISLEY. (Robinson, Tonya) (Entered: 07/07/2004)

July 7, 2004

July 7, 2004

PACER
15

MOTION to Dismiss Plaintiff's Complaint by JOHN STUPAK. (Attachments: # 1 Defendants Memorandum in Support of Motion to Dismiss# 2 Text of Proposed Order Defendants)(Boss, Lenard) Modified on 7/19/2004 (jf, ). (Entered: 07/13/2004)

July 13, 2004

July 13, 2004

PACER
16

ANSWER to Complaint by MARTHA B. KNISLEY.(Robinson, Tonya) (Entered: 07/13/2004)

July 13, 2004

July 13, 2004

PACER
17

STIPULATION; FURTHERED ORDERED that the Court shall defer a ruling on plaintiff's Motion for Preliminary Injunction unless and until one or more of the parties requests otherwise; (See Image for Details). (mpt, ) (Entered: 07/16/2004)

July 16, 2004

July 16, 2004

PACER
18

Memorandum in opposition to motion re 15 filed by UNIVERSITY LEGAL SERVICES-PROTECTION AND ADVOCACY, INC.. (Attachments: # 1 Exhibit Declaration of Celeste Valente)(Clark, Mary Nell) (Entered: 07/26/2004)

July 26, 2004

July 26, 2004

PACER
19

REPLY to opposition to motion re 15 MOTION to Dismiss Plaintiff's Complaint filed by JOHN STUPAK. (Boss, Lenard) (Entered: 08/02/2004)

Aug. 2, 2004

Aug. 2, 2004

PACER
20

STIPULATION with Plaintiff and Co-Defendant by JOHN STUPAK. (Boss, Lenard) (Entered: 09/14/2004)

Sept. 14, 2004

Sept. 14, 2004

PACER
21

Consent MOTION for Extension of Time to File Rule 16.3 Report by UNIVERSITY LEGAL SERVICES-PROTECTION AND ADVOCACY, INC.. (Attachments: # 1 Text of Proposed Order Proposed Order)(Clark, Mary Nell) (Entered: 09/15/2004)

Sept. 15, 2004

Sept. 15, 2004

PACER

ORDER granting 21 Motion for Extension of Time to File Report of Parties Pursuant to Local Rule 16.3. The parties will meet and confer within 10 days of resolution of defendants' motion to dismiss. Signed by Judge Reggie B. Walton on September 29, 2004. (lcrbw3, )

Sept. 29, 2004

Sept. 29, 2004

PACER

MINUTE ORDER granting Stipulation of the parties filed on September 14, 2004. Signed by Judge Reggie B. Walton on September 17, 2004. (lcrbw3, )

Sept. 29, 2004

Sept. 29, 2004

PACER

MINUTE ORDER granting 8 Motion to Place Exhibits Under Seal. Signed by Judge Reggie B. Walton on October 15, 2005. (lcrbw3, )

Oct. 15, 2004

Oct. 15, 2004

PACER
22

MOTION for Summary Judgment by UNIVERSITY LEGAL SERVICES-PROTECTION AND ADVOCACY, INC.. (Attachments: # 1 Memorandum in Support of Motion for Summary Judgment# 2 List of Authorities# 3 Exhibit Kansas v. Stormont-Vail# 4 Exhibit VOPA v. Reinhard# 5 Text of Proposed Order Proposed Order)(Clark, Mary Nell) (Entered: 11/22/2004)

1 Memorandum in Support of Motion for Summary Judgment

View on RECAP

2 List of Authorities

View on RECAP

3 Exhibit Kansas v. Stormont-Vail

View on RECAP

4 Exhibit VOPA v. Reinhard

View on RECAP

5 Text of Proposed Order Proposed Order

View on RECAP

Nov. 22, 2004

Nov. 22, 2004

Clearinghouse
23

STIPULATION re 22 MOTION for Summary Judgment by UNIVERSITY LEGAL SERVICES-PROTECTION AND ADVOCACY, INC.. (Clark, Mary Nell) (Entered: 11/29/2004)

Nov. 29, 2004

Nov. 29, 2004

PACER
24

NOTICE of Withdrawal of Appearance(Kelly Bagby) by UNIVERSITY LEGAL SERVICES-PROTECTION AND ADVOCACY, INC. (Clark, Mary Nell) (Entered: 02/04/2005)

Feb. 4, 2005

Feb. 4, 2005

PACER

MINUTE ORDER denying 22 Motion for Summary Judgment, without prejudice, based upon the parties stipulation withdrawing the motion. Signed by Judge Reggie B. Walton on March 4, 2005. (lcrbw3, )

March 4, 2005

March 4, 2005

PACER

Set/Reset Hearings: Status Conference set for 3/14/2005 02:30 PM before Judge Reggie B. Walton. Defendants Counsel via telephone; (mpt, )

March 9, 2005

March 9, 2005

PACER

Minute Entry for proceedings held before Judge Reggie B. Walton : Status Conference held on 3/14/2005. Further Status Conference set for 8/12/2005 09:00 AM in Courtroom 5 before Judge Reggie B. Walton. Motion due 4/1/05; Opposition 4/22/05; any reply due 4/29/05; Judge in Open Court dismissed as moot motion for preliminary injunction and motio to dismiss by plaintiffs;(Court Reporter Phyllis Merana.) (mpt, )

March 14, 2005

March 14, 2005

PACER
25

ORDER denying 2 Motion for Preliminary Injunction and moot and, denying 15 Motion to Dismiss as moot. Signed by Judge Reggie B. Walton on March 16, 2005. (lcrbw3, ) (Entered: 03/16/2005)

March 16, 2005

March 16, 2005

Clearinghouse
26

MOTION for Extension of Time to File Response/Reply by UNIVERSITY LEGAL SERVICES-PROTECTION AND ADVOCACY, INC.. (Attachments: # 1 Text of Proposed Order)(Clark, Mary Nell) (Entered: 03/23/2005)

March 23, 2005

March 23, 2005

PACER

MINUTE ORDER granting 26 Motion for Extension of Time to File Reply. The Reply is due by May 13, 2005. Signed by Judge Reggie B. Walton on March 31, 2005. (lcrbw3, )

March 31, 2005

March 31, 2005

PACER
27

MOTION for Attorney Fees by UNIVERSITY LEGAL SERVICES-PROTECTION AND ADVOCACY, INC.. (Attachments: # 1 Memorandum in Support of Motion for Fees# 2 Text of Proposed Order # 3 Exhibit A# 4 Exhibit B# 5 Exhibit C# 6 Exhibit D)(Clark, Mary Nell) (Entered: 04/01/2005)

1 Memorandum in Support of Motion for Fees

View on Clearinghouse

2 Text of Proposed Order

View on PACER

3 Exhibit A

View on Clearinghouse

4 Exhibit B

View on PACER

5 Exhibit C

View on PACER

6 Exhibit D

View on PACER

April 1, 2005

April 1, 2005

PACER
28

Memorandum in opposition to motion re 27 filed by MARTHA B. KNISLEY. (Robinson, Tonya) (Entered: 04/22/2005)

April 22, 2005

April 22, 2005

PACER

Set/Reset Hearings: Status Conference set for 8/12/05 was reset for 8/26/2005 11:00 AM in Courtroom 5 before Judge Reggie B. Walton. (mpt, )

May 11, 2005

May 11, 2005

PACER
29

REPLY to opposition to motion re 27 Attorneys' Fees filed by UNIVERSITY LEGAL SERVICES-PROTECTION AND ADVOCACY, INC.. (Clark, Mary Nell) (Entered: 05/11/2005)

May 11, 2005

May 11, 2005

PACER
30

ORDER denying 27 Motion for Attorney Fees. Signed by Judge Reggie B. Walton on March 22, 2006. (MDW, ) (Entered: 03/22/2006)

March 22, 2006

March 22, 2006

PACER
31

MOTION for Attorney Fees and Response to Order to Show Cause by UNIVERSITY LEGAL SERVICES-PROTECTION AND ADVOCACY, INC.. (Attachments: # 1 Memorandum in Support# 2 Exhibit Exhibit A# 3 Text of Proposed Order Proposed Order)(Clark, Mary Nell) (Entered: 04/03/2006)

1 Memorandum in Support

View on PACER

2 Exhibit Exhibit A

View on PACER

3 Text of Proposed Order Proposed Order

View on PACER

April 3, 2006

April 3, 2006

PACER
32

Memorandum in opposition to re 31 MOTION for Attorney Fees and Response to Order to Show Cause filed by MARTHA B. KNISLEY. (Robinson, Tonya) (Entered: 04/13/2006)

April 13, 2006

April 13, 2006

PACER

Set/Reset Hearings: Motion Hearing set for 5/17/2006 09:15 AM in Courtroom 5 before Judge Reggie B. Walton. (mpt, )

April 13, 2006

April 13, 2006

PACER
33

REPLY to opposition to motion re 31 MOTION for Attorney Fees and Response to Order to Show Cause filed by UNIVERSITY LEGAL SERVICES-PROTECTION AND ADVOCACY, INC.. (Clark, Mary Nell) (Entered: 04/19/2006)

April 19, 2006

April 19, 2006

PACER
34

ORDER TO SHOW CAUSE. Signed by Judge Reggie B. Walton on May 18, 2006. (MDW, ) (Entered: 05/18/2006)

May 18, 2006

May 18, 2006

PACER
35

MOTION to Vacate Show Cause Order by MARTHA B. KNISLEY. (Robinson, Tonya) (Entered: 05/30/2006)

May 30, 2006

May 30, 2006

PACER

Set/Reset Hearings: Motion Hearing set for 6/28/2006 10:00 AM in Courtroom 5 before Judge Reggie B. Walton. (mpt, )

June 12, 2006

June 12, 2006

PACER

Minute Entry for Motions Hearing proceedings held before Judge Reggie B. Walton : Judge Vacated Show Cause Order as to Defense Counsel none appearance for the last hearing in Open Court; Judge Reserved a Ruling as to Motion; (Court Reporter William McAllister.) (mpt, )

June 28, 2006

June 28, 2006

PACER
36

NOTIFICATION OF SUPPLEMENTAL AUTHORITY by UNIVERSITY LEGAL SERVICES-PROTECTION AND ADVOCACY, INC. (Attachments: # 1 # 2)(Clark, Mary Nell) (Entered: 09/18/2006)

Sept. 18, 2006

Sept. 18, 2006

PACER

MINUTE ORDER granting 35 Motion to Vacate Show Cause Order, nunc pro tunc. Signed by Judge Reggie B. Walton on October 11, 2006. (MDW, )

Oct. 11, 2006

Oct. 11, 2006

PACER
37

ORDER granting 31 Motion for Attorney Fees. Signed by Judge Reggie B. Walton on December 11, 2006. (MDW, ) (Entered: 12/11/2006)

Dec. 11, 2006

Dec. 11, 2006

PACER
38

MEMORANDUM OPINION. Signed by Judge Reggie B. Walton on December 11, 2006. (MDW, ) (Entered: 12/11/2006)

Dec. 11, 2006

Dec. 11, 2006

Clearinghouse
39

NOTICE OF APPEAL by MARTHA B. KNISLEY. Fee Status: No Fee Paid. Parties have been notified. (Attachments: # 1 Exhibit A)(Johnson, Holly) (Entered: 01/10/2007)

Jan. 10, 2007

Jan. 10, 2007

PACER

Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 39 Notice of Appeal (jf, )

May 7, 2007

May 7, 2007

PACER

USCA Case Number 07-7079 for 39 Notice of Appeal filed by MARTHA B. KNISLEY. (jf, )

May 15, 2007

May 15, 2007

PACER
40

ORDER from USCA that appellant's motion to dismiss appeal be granted, and this case is hereby dismissed 39 Notice of Appeal filed by MARTHA B. KNISLEY. (erd) (Entered: 07/26/2007)

July 25, 2007

July 25, 2007

PACER

Case Details

State / Territory: District of Columbia

Case Type(s):

Disability Rights

Key Dates

Filing Date: June 22, 2004

Closing Date: July 25, 2007

Case Ongoing: No

Plaintiffs

Plaintiff Description:

University Legal Service-Protection and Advocacy, Inc., the District of Columbia’s P&A

Attorney Organizations:

NDRN/Protection & Advocacy Organizations

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

District of Columbia Department of Mental Health, Federal

Northwestern Human Services, Private Entity/Person

Case Details

Causes of Action:

Protection and Advocacy for Individuals with Mental Illness (PAIMI) Act, 42 U.S.C. § 10801

Constitutional Clause(s):

Due Process

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Attorneys fees

Source of Relief:

Litigation

Amount Defendant Pays: $47,867

Issues

Disability and Disability Rights:

Mental impairment

P&A access authority

P&A Associational Standing