Case: Nevada Disability Advocacy & Law Center v. Willden

2:05-cv-00757 | U.S. District Court for the District of Nevada

Filed Date: June 17, 2005

Closed Date: June 5, 2007

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Case Summary

This is a case about a Protection and Advocacy (P&A) agency’s records access authority. On June 17, 2005, Nevada Disability Advocacy & Law Center (Nevada DALC), Nevada’s P&A, filed this lawsuit in the U.S. District Court for the District of Nevada. Nevada DALC filed this lawsuit against Michael J. Willden, the Director of Nevada’s Department of Human Resources, in his official capacity. The P&A filed this lawsuit under the Developmental Disabilities Assistance and Bill of Rights Act (DD Act) and the Protection and Advocacy for Individuals with Mental Illness Act (PAIMI Act). Represented by itself, Nevada DALC sought injunctive relief requiring the Department provide them with records concerning multiple individuals with disabilities and a permanent enjoinment to ensure compliance with future records requests. Judge Philip Martin Pro presided over this matter.

Nevada DALC alleged that the Department did not provide them with records on behalf of numerous individuals in inpatient and group home settings. The Department asserted that the P&A could not access these records under P&A authorities. However, upon filing this lawsuit, the Department provided Nevada DALC with all the records that they requested, and changed its policy on releasing records to Nevada DALC to ensure compliance with the PAIMI Act and DD Act. The defendants subsequently filed a Motion to Dismiss, because these actions rendered Nevada DALC’s complaint moot. In April 5 2007, the court granted the Department’s Motion to Dismiss because no legal dispute existed after Department’s actions. The court reasoned that that the P&A could file subsequent litigation if the Department does not comply with the new policy, and thus their actions would not evade review. The case closed in April 2007. In June 5 2007, the court denied Nevada DALC’s Motion to Reconsider the dismissal.

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Summary Authors

NDRN (3/19/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6033551/parties/nevada-disability-advocacy-law-center-inc-v-michael-j-willden/

Attorney for Plaintiff

Bigley, Lynne (Nevada)

Heaivilin, William (Nevada)

Attorney for Defendant

Sliwa, Susanne M (Nevada)

Attorney for Plaintiff

Bigley, Lynne (Nevada)

Heaivilin, William (Nevada)

Attorney for Defendant

Sliwa, Susanne M (Nevada)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
1 2:05-cv-00757	Complaint	June 17, 2005	June 17, 2005 Complaint
19 2:05-cv-00757	Plaintiff's Motion to Strike Nevada Disability Advocacy and Law Center v. Willden	Feb. 5, 2007	Feb. 5, 2007 Pleading / Motion / Brief
25 2:05-cv-00757	Order Nevada Disability Advocacy and Law Center v. Willden	April 5, 2007	April 5, 2007 Order/Opinion 2007 WL 2007

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/6033551/nevada-disability-advocacy-law-center-inc-v-michael-j-willden/

Last updated April 7, 2024, 3:16 a.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT obo P. (Entered: 06/17/2005)	June 17, 2005	June 17, 2005 Clearinghouse
	SUMMONS ISSUED to P (6)	June 17, 2005	June 17, 2005 PACER
	SUMMONS ISSUED to P (1)	June 29, 2005	June 29, 2005 PACER
2	SUMMONS RETURNED EXECUTED w/rtrn serv as to Jonna Triggs on 6/24/05. (Entered: 07/01/2005)	June 29, 2005	June 29, 2005 PACER
3	SUMMONS RETURNED EXECUTED w/rtrn serv as to Stanlee Dodd on 6/24/05. (Entered: 07/01/2005)	June 29, 2005	June 29, 2005 PACER
4	CERTIFICATE OF INTERESTED PARTIES obo P. (Entered: 07/18/2005)	July 13, 2005	July 13, 2005 PACER
5	SUMMONS RETURNED EXECUTED w/rtrn serv as to Carlos Brandenburg on 6/23/05. (Entered: 07/18/2005)	July 14, 2005	July 14, 2005 PACER
6	SUMMONS RETURNED EXECUTED w/rtrn serv as to Harold Cook on 6/23/05. (Entered: 07/18/2005)	July 14, 2005	July 14, 2005 PACER
7	SUMMONS RETURNED EXECUTED w/rtrn serv as to Michael Willden on 6/23/05. (Entered: 07/18/2005)	July 14, 2005	July 14, 2005 PACER
8	SUMMONS RETURNED EXECUTED w/rtrn serv as to David Luke on 6/23/05. (Entered: 07/18/2005)	July 14, 2005	July 14, 2005 PACER
9	SUMMONS RETURNED EXECUTED w/rtrn serv as to Brian Sandoval on 7/12/05. (Entered: 08/03/2005)	July 28, 2005	July 28, 2005 PACER
10	ORDER ORD This actn is reassigned to GWF for all Mag Judge prcdngs. This actn shall bear case number CV-S-05-0757-PMP(GWF). cpys dist (Entered: 08/24/2005)	Aug. 23, 2005	Aug. 23, 2005 PACER
11	ORDER ORD This actn is reassigned to Judge Sandoval for all fur prcdngs. This actn shall bear case number CV-S-05-0757-BES(GWF). Clk is directed to change file/dkt. cpys dist (Entered: 11/03/2005)	Nov. 3, 2005	Nov. 3, 2005 PACER
12	MINUTE ORDER IN CHAMBERS of the Honorable Philip M. Pro, U.S. District Judge on 11/8/2005. By Deputy Clerk: Lia Griffin. This action is hereby reassigned to Chief Judge Philip M. Pro for all further proceedings. This action shall bear correct case number: 2:05-cv-00757-PMP(GWF). (GEW) (Entered: 11/17/2005)	Nov. 8, 2005	Nov. 8, 2005 PACER
13	NOTICE TO COUNSEL PURSUANT TO LOCAL RULE 41-1. If no action is taken in this case within thirty (30) days, the Clerk's office will make application to the Court for dismissal for want of prosecution. LR 41-1 dismissal deadline set for 12/9/2006. (no image attached)(GEW) (Entered: 11/09/2006)	Nov. 9, 2006	Nov. 9, 2006 PACER
14	RESPONSE to 13 Notice re 41-1 Dismissal, ; Request for Temporary Stay, or in the Alternative, Request for Permission to Notify Defendants of Time to Answer filed by Plaintiff Nevada Disability Advocacy & Law Center. (Bigley, Lynne) (Entered: 11/20/2006)	Nov. 20, 2006	Nov. 20, 2006 PACER
15	ORDER STAYING CASE. Plaintiff's request for temporary stay 14 is GRANTED. This action is STAYED for 60 days to/including 1/22/07. Signed by Judge Philip M. Pro on 11/20/06. (GEW) (Entered: 11/22/2006)	Nov. 20, 2006	Nov. 20, 2006 PACER
16	First MOTION to Dismiss MOTION TO DISMISS OR, IN THE ALTERNATIVE, MOTION FOR SUMMARY JUDGMENT by Defendants Carlos Brandenburg, Harold Cook, Stanlee Dodd, David Luke, Jonna Triggs, Michael J Willden. Responses due by 2/9/2007. (Sliwa, Susanne) (Entered: 01/22/2007)	Jan. 22, 2007	Jan. 22, 2007 PACER
17	ERROR: Wrong event selected. (MJZ) (Entered: 02/05/2007)	Feb. 5, 2007	Feb. 5, 2007 PACER
18	DECLARATION of Lynne Bigley, Esq. in support of Plaintiff's Opposition and Motion to Strike re 16 First MOTION to Dismiss MOTION TO DISMISS OR, IN THE ALTERNATIVE, MOTION FOR SUMMARY JUDGMENT; filed by Plaintiff Nevada Disability Advocacy & Law Center. (Bigley, Lynne) (Entered: 02/05/2007)	Feb. 5, 2007	Feb. 5, 2007 PACER
19	MOTION to Strike 16 First MOTION to Dismiss MOTION TO DISMISS OR, IN THE ALTERNATIVE, MOTION FOR SUMMARY JUDGMENT by Plaintiff Nevada Disability Advocacy & Law Center. Responses due by 2/23/2007. (Bigley, Lynne) (Entered: 02/05/2007)	Feb. 5, 2007	Feb. 5, 2007 Clearinghouse
	NOTICE of Docket Correction to 17 Memorandum: ERROR: Wrong event selected; CORRECTION: Attorney Lynne P. Bigley advised to refile PDF using "Response to Motion" event under the "Responses to Motion" category and link to 16 Motion to Dismiss. (no image attached)(MJZ)	Feb. 6, 2007	Feb. 6, 2007 PACER
20	RESPONSE to 16 First MOTION to Dismiss MOTION TO DISMISS OR, IN THE ALTERNATIVE, MOTION FOR SUMMARY JUDGMENT; filed by Plaintiff Nevada Disability Advocacy & Law Center. Plaintiff's Opposition to Defendants' Motion to Dismiss, or in the Alternative, Motion for Summary Judgment Replies due by 2/20/2007. (Bigley, Lynne) (Entered: 02/06/2007)	Feb. 6, 2007	Feb. 6, 2007 PACER
21	ERRATA to 18 Declaration, ; filed by Plaintiff Nevada Disability Advocacy & Law Center. (Bigley, Lynne) (Entered: 02/06/2007)	Feb. 6, 2007	Feb. 6, 2007 PACER
22	REPLY to Response to 16 First MOTION to Dismiss MOTION TO DISMISS OR, IN THE ALTERNATIVE, MOTION FOR SUMMARY JUDGMENT; filed by Defendants Carlos Brandenburg, Harold Cook, Stanlee Dodd, David Luke, Jonna Triggs, Michael J Willden. REPLY TO OPPOSITION TO MOTION TO DISMISS OR, IN THE ALTERNATIVE, MOTION FOR SUMMARY JUDGMENT (Sliwa, Susanne) (Entered: 02/15/2007)	Feb. 15, 2007	Feb. 15, 2007 PACER
23	RESPONSE to 19 MOTION to Strike 16 First MOTION to Dismiss MOTION TO DISMISS OR, IN THE ALTERNATIVE, MOTION FOR SUMMARY JUDGMENT; filed by Defendants Carlos Brandenburg, Harold Cook, Stanlee Dodd, David Luke, Jonna Triggs, Michael J Willden. OPPOSITION TO MOTION TO STRIKE Replies due by 3/1/2007. (Attachments: # 1 Affidavit AFFIDAVIT OF SUSANNE M. SLIWA)(Sliwa, Susanne) (Entered: 02/15/2007)	Feb. 15, 2007	Feb. 15, 2007 PACER
24	REPLY to Response to 19 MOTION to Strike 16 First MOTION to Dismiss MOTION TO DISMISS OR, IN THE ALTERNATIVE, MOTION FOR SUMMARY JUDGMENT; filed by Plaintiff Nevada Disability Advocacy & Law Center. (Bigley, Lynne) (Entered: 02/26/2007)	Feb. 26, 2007	Feb. 26, 2007 PACER
25	ORDER Denying 19 Motion to Strike. GRANTING 16 Motion to Dismiss. Plaintiff's Complaint is DISMISSED as MOOT. Signed by Judge Philip M. Pro. (AXM) (Entered: 04/05/2007)	April 5, 2007	April 5, 2007 Clearinghouse
26	First MOTION for District Judge to Reconsider Order re 25 Order on Motion to Dismiss, Order on Motion to Strike by Plaintiff Nevada Disability Advocacy & Law Center. Responses due by 4/30/2007. (Bigley, Lynne) (Entered: 04/12/2007)	April 12, 2007	April 12, 2007 PACER
27	DECLARATION of William W. Heaivilin, Esq. re 26 First MOTION for District Judge to Reconsider Order re 25 Order on Motion to Dismiss, Order on Motion to Strike; by Plaintiff Nevada Disability Advocacy & Law Center. (Heaivilin, William) (Entered: 04/12/2007)	April 12, 2007	April 12, 2007 PACER
28	DECLARATION of Lynne Bigley, Esq. re 26 First MOTION for District Judge to Reconsider Order re 25 Order on Motion to Dismiss, Order on Motion to Strike; by Plaintiff Nevada Disability Advocacy & Law Center. (Attachments: # 1 Exhibit "A" Through "E"# 2 Exhibit "E" Through "I"# 3 Exhibit "J" Through "L"# 4 Exhibit "M" Through "P")(Bigley, Lynne) (Entered: 04/12/2007)	April 12, 2007	April 12, 2007 PACER
29	RESPONSE to 26 First MOTION for District Judge to Reconsider Order re 25 Order on Motion to Dismiss, Order on Motion to Strike; filed by Defendants Carlos Brandenburg, Harold Cook, Stanlee Dodd, David Luke, Jonna Triggs, Michael J Willden. OPPOSITION TO MOTION FOR RECONSIDERATION Replies due by 5/1/2007. (Sliwa, Susanne) (Entered: 04/17/2007)	April 17, 2007	April 17, 2007 PACER
30	REPLY to Response to 26 First MOTION for District Judge to Reconsider Order re 25 Order on Motion to Dismiss, Order on Motion to Strike; filed by Plaintiff Nevada Disability Advocacy & Law Center. Reply to Opposition to Motion for Reconsideration (Bigley, Lynne) (Entered: 04/23/2007)	April 23, 2007	April 23, 2007 PACER
31	ORDER Denying 26 Motion for District Judge to Reconsider Order. Signed by Judge Philip M. Pro on 6/5/07. (AXM) (Entered: 06/06/2007)	June 6, 2007	June 6, 2007 PACER