Case: Disability Rights Texas v. Arizpe

5:19-cv-01162 | U.S. District Court for the Western District of Texas

Filed Date: Sept. 25, 2019

Closed Date: March 28, 2022

Clearinghouse coding complete

Case Summary

This is a case about a Protection and Advocacy (P&A) agency’s records access authority. On September 25, 2019, Disability Rights Texas (Disability Rights), Texas’ P&A, filed this lawsuit in the U.S. District Court for the Western District of Texas San Antonio Division. Disability Rights filed this lawsuit against the Superintendent of San Antonio State Hospital (State Hospital) under the Protection and Advocacy for Individuals with Mental Illness Act (PAIMI Act), the Developmental Disabilities …

This is a case about a Protection and Advocacy (P&A) agency’s records access authority. On September 25, 2019, Disability Rights Texas (Disability Rights), Texas’ P&A, filed this lawsuit in the U.S. District Court for the Western District of Texas San Antonio Division. Disability Rights filed this lawsuit against the Superintendent of San Antonio State Hospital (State Hospital) under the Protection and Advocacy for Individuals with Mental Illness Act (PAIMI Act), the Developmental Disabilities Assistance and Bill of Rights Act (DD Act), and the Protection and Advocacy for Individual Rights Act (PAIR Act). Represented by itself, Disability Rights sought declaratory and injunctive relief, as well as attorneys’ fees, in the form of requiring the State Hospital to provide them with all the requested records relevant to an investigation into a patient’s death. Judge Xavier Rodriguez presided over this matter.

This lawsuit began after Disability Rights received a report regarding the death of a patient at State Hospital in July 2019. After opening an investigation, Disability Rights requested all relevant records from the State Hospital, including video footage and peer review records. The State Hospital declined this request, responding that the records requested were protected as patient safety work product despite the State Hospital’s own attorney agreeing that the some of the records were accessible under the PAIMI, PAIR, and DD Acts. Ultimately, State Hospital and Disability Rights settled the case on March 10, 2022 with an agreement that allowed Disability Rights access to the records requested and any records requested in the future by following certain procedures. This settlement agreement was approved by the court on March 28, 2022, which subsequently dismissed the case.

Summary Authors

NDRN (12/19/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/16249350/parties/disability-rights-texas-v-arizpe/


Judge(s)

Rodriguez, Xavier (Texas)

Attorney for Plaintiff

Mitchell, Beth L. (Texas)

Snead, Lisa A. (Texas)

Attorney for Defendant

Azeredo, Glorieni Marie (Texas)

Gdula, Kimberly (Texas)

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Documents in the Clearinghouse

Document
1

5:19-cv-01162

Plaintiff's Original Complaint

Sept. 25, 2019

Sept. 25, 2019

Complaint
18

5:19-cv-01162

Parties’ Joint Alternative Dispute Resolution Report

Aug. 10, 2020

Aug. 10, 2020

Other
19

5:19-cv-01162

Parties' Joint Motion to Extend the Discovery Deadline

Sept. 24, 2020

Sept. 24, 2020

Pleading / Motion / Brief
32-1

5:19-cv-01162

Settlement Agreement

March 10, 2022

March 10, 2022

Settlement Agreement
32-2

5:19-cv-01162

Order Approving, Adoption, and Incorporating Settlement Agreement

March 10, 2022

March 10, 2022

Settlement Agreement

Docket

See docket on RECAP: https://www.courtlistener.com/docket/16249350/disability-rights-texas-v-arizpe/

Last updated March 15, 2024, 3:06 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT ( Filing fee $ 400 receipt number 0542-12652800), filed by Disability Rights Texas. (Attachments: # 1 Civil Cover Sheet)(Mitchell, Beth) (Entered: 09/25/2019)

1 Civil Cover Sheet

View on PACER

Sept. 25, 2019

Sept. 25, 2019

Clearinghouse
2

REQUEST FOR ISSUANCE OF SUMMONS by Disability Rights Texas. (Mitchell, Beth) (Entered: 09/25/2019)

Sept. 25, 2019

Sept. 25, 2019

PACER

Case assigned to Judge Xavier Rodriguez. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (bc)

Sept. 25, 2019

Sept. 25, 2019

PACER

If ordered by the court, all referrals will be assigned to Magistrate Judge Bemporad (bc)

Sept. 25, 2019

Sept. 25, 2019

PACER
3

Summons Issued as to Robert Arizpe. (bc) (Entered: 09/27/2019)

Sept. 27, 2019

Sept. 27, 2019

PACER

To be Referred to SA Mag Judge

Sept. 27, 2019

Sept. 27, 2019

PACER

Case Assigned/Reassigned

Sept. 27, 2019

Sept. 27, 2019

PACER
4

Unopposed MOTION for Extension of Time to File Answer by Robert Arizpe. (Attachments: # 1 Proposed Order)(Azeredo, Glorieni) (Entered: 10/17/2019)

Oct. 17, 2019

Oct. 17, 2019

PACER

Order on Motion for Extension of Time to Answer

Oct. 18, 2019

Oct. 18, 2019

PACER

Set/Reset Answer Deadline

Oct. 18, 2019

Oct. 18, 2019

PACER

Text Order GRANTING 4 Unopposed Motion for Extension of Time to Answer entered by Judge Xavier Rodriguez. The deadline to answer or otherwise respond is extended to December 17, 2019. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lel)

Oct. 18, 2019

Oct. 18, 2019

PACER

Reset Deadlines: Robert Arizpe answer due 12/17/2019. (rf)

Oct. 18, 2019

Oct. 18, 2019

PACER
5

SUMMONS Returned Executed by Disability Rights Texas. Robert Arizpe served on 10/4/2019, answer due 12/17/2019. (Mitchell, Beth) (Entered: 10/23/2019)

Oct. 23, 2019

Oct. 23, 2019

PACER
6

Unopposed MOTION for Extension of Time to File Answer by Robert Arizpe. (Attachments: # 1 Proposed Order)(Azeredo, Glorieni) (Entered: 12/17/2019)

Dec. 17, 2019

Dec. 17, 2019

PACER

Order on Motion for Extension of Time to Answer

Dec. 18, 2019

Dec. 18, 2019

PACER

Set/Reset Answer Deadline

Dec. 18, 2019

Dec. 18, 2019

PACER

Text Order GRANTING 6 Unopposed Motion for Extension of Time to Answer entered by Judge Xavier Rodriguez. The deadline to answer or otherwise respond is extended to January 31, 2020. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lel)

Dec. 18, 2019

Dec. 18, 2019

PACER

Reset Deadlines: Robert Arizpe answer due 1/31/2020. (wg)

Dec. 18, 2019

Dec. 18, 2019

PACER
7

NOTICE of Vacation by Disability Rights Texas (Mitchell, Beth) (Entered: 12/18/2019)

Dec. 18, 2019

Dec. 18, 2019

PACER
8

ANSWER to 1 Complaint by Robert Arizpe.(Azeredo, Glorieni) (Entered: 01/31/2020)

Jan. 31, 2020

Jan. 31, 2020

PACER
9

Order for Scheduling Recommendations/Proposed Scheduling Order. (Scheduling Recommendations/Proposed Scheduling Order due by 3/4/2020,), Notice of right to consent to disposition of a civil case by a U.S. Magistrate Judge.. Signed by Judge Xavier Rodriguez. (mgr) (Entered: 02/03/2020)

Feb. 3, 2020

Feb. 3, 2020

PACER
10

CONSENT to Trial by US Magistrate Judge by Disability Rights Texas. (Mitchell, Beth) (Entered: 03/04/2020)

March 4, 2020

March 4, 2020

PACER
11

Scheduling Recommendations by Disability Rights Texas. (Mitchell, Beth) (Entered: 03/04/2020)

March 4, 2020

March 4, 2020

PACER
12

NON-CONSENT to Trial by US Magistrate Judge by Robert Arizpe. (Azeredo, Glorieni) (Entered: 03/04/2020)

March 4, 2020

March 4, 2020

PACER
13

Rule 26(f) Discovery Report/Case Management Plan by Disability Rights Texas. (Mitchell, Beth) (Entered: 03/04/2020)

March 4, 2020

March 4, 2020

PACER
14

SCHEDULING ORDER: Bench Trial set for 2/1/2021 10:30 AM before Judge Xavier Rodriguez, Final Pretrial Conference set for 1/21/2021 10:30 AM before Judge Xavier Rodriguez, ADR Report Deadline due by 8/10/2020, Amended Pleadings due by 5/4/2020, Discovery due by 9/25/2020, Motions due by 10/26/2020,. Signed by Judge Xavier Rodriguez. (mgr) (Entered: 03/11/2020)

March 11, 2020

March 11, 2020

PACER
15

ORDER SETTING STATUS CONFERENCE AND HEARING ON ALL PENDING MOTIONS, ( Status Conference set for 5/13/2020 10:30 AM before Judge Xavier Rodriguez,). Signed by Judge Xavier Rodriguez. (mgr) (Entered: 03/11/2020)

March 11, 2020

March 11, 2020

PACER
16

Unopposed MOTION to Substitute Attorney by Robert Arizpe. (Attachments: # 1 Proposed Order)(Azeredo, Glorieni) (Entered: 03/30/2020)

March 30, 2020

March 30, 2020

PACER

Text Order GRANTING 16 Motion to Substitute Attorney entered by Judge Xavier Rodriguez. The Clerk shall substitute Dominique Stafford as counsel and shall remove Ms. Azeredo from further electronic notifications for this case. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lel)

March 30, 2020

March 30, 2020

PACER
17

Minute Entry for proceedings held before Judge Xavier Rodriguez: Status Conference held on 5/13/2020 (Minute entry documents are not available electronically.). (Court Reporter Gigi Simcox.)(mgr) (Entered: 05/13/2020)

May 13, 2020

May 13, 2020

PACER
18

ADR Report Filed - by Disability Rights Texas(Mitchell, Beth) (Entered: 08/10/2020)

Aug. 10, 2020

Aug. 10, 2020

Clearinghouse
19

Joint MOTION for Extension of Time to Complete Discovery by Disability Rights Texas. (Attachments: # 1 Proposed Order)(Mitchell, Beth) (Entered: 09/24/2020)

1 Proposed Order

View on PACER

Sept. 24, 2020

Sept. 24, 2020

Clearinghouse

Text Order GRANTING 19 Motion for Extension of Time to Complete Discovery entered by Judge Xavier Rodriguez. The discovery deadline is extended to October 9, 2020. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lel)

Sept. 24, 2020

Sept. 24, 2020

PACER

Reset Deadlines: Discovery due by 10/9/2020, (mgr)

Sept. 24, 2020

Sept. 24, 2020

PACER

Order on Motion for Extension of Time to Complete Discovery

Sept. 24, 2020

Sept. 24, 2020

PACER

Set/Reset Deadlines

Sept. 24, 2020

Sept. 24, 2020

PACER
20

Joint MOTION to Extend Scheduling Order Deadlines Following Mediation by Disability Rights Texas. (Attachments: # 1 Proposed Order)(Mitchell, Beth) (Entered: 10/02/2020)

Oct. 2, 2020

Oct. 2, 2020

PACER
21

ORDER GRANTING 20 Motion to Extend Scheduling Order Deadlines Bench Trial set for 7/6/2021 10:30 AM before Judge Xavier Rodriguez, Pretrial Conference set for 6/24/2021 10:30 AM before Judge Xavier Rodriguez, Discovery due by 2/2/2021, Motions due by 2/23/2021, Signed by Judge Xavier Rodriguez. (mgr) (Entered: 10/05/2020)

Oct. 5, 2020

Oct. 5, 2020

PACER
22

Second MOTION to Extend Scheduling Order Deadlines Following Mediation and Negotiation by Disability Rights Texas. (Attachments: # 1 Proposed Order)(Mitchell, Beth) (Entered: 12/16/2020)

Dec. 16, 2020

Dec. 16, 2020

PACER
23

ORDER GRANTING 22 Motion to Extend Scheduling Order Deadlines Bench Trial set for 1/10/2022 10:30 AM before Judge Xavier Rodriguez. Final Pretrial Conference set for 1/6/2022 10:30 AM before Judge Xavier Rodriguez. Discovery due by 8/2/2021 and Dispositive Motions due by 8/23/2021. Signed by Judge Xavier Rodriguez. (bc) (Entered: 12/17/2020)

Dec. 17, 2020

Dec. 17, 2020

PACER
24

NOTICE of Attorney Appearance by Kimberly Gdula on behalf of Robert Arizpe. Attorney Kimberly Gdula added to party Robert Arizpe(pty:dft) (Gdula, Kimberly) (Entered: 06/25/2021)

June 25, 2021

June 25, 2021

PACER
25

Unopposed MOTION to Withdraw as Attorney Dominique Stafford by Robert Arizpe. (Attachments: # 1 Proposed Order Order Granting Motion to Withdraw)(Gdula, Kimberly) (Entered: 06/25/2021)

June 25, 2021

June 25, 2021

PACER
26

Joint MOTION to Extend Scheduling Order Deadlines Following Mediation and Negotiation by Disability Rights Texas. (Attachments: # 1 Proposed Order Third Amended Scheduling Order)(Mitchell, Beth) (Entered: 06/29/2021)

June 29, 2021

June 29, 2021

PACER
27

THIRD AMENDED SCHEDULING ORDER:( Bench Trial set for 1/18/2022 10:30 AM before Judge Xavier Rodriguez,, Pretrial Conference set for 1/6/2022 10:30 AM before Judge Xavier Rodriguez,, Discovery due by 9/13/2021,, Motions due by 10/4/2021,).. Signed by Judge Xavier Rodriguez. (mgr) (Entered: 06/30/2021)

June 30, 2021

June 30, 2021

PACER

Text Order GRANTING 25 Motion to Withdraw as Attorney. entered by Judge Xavier Rodriguez. IT IS THEREFORE ORDERED by the Court that Dominique G. Stafford is hereby granted leave to withdraw as counsel of record for Defendant Robert Arizpes in his official capacity as the Superintendent of San Antonio State Hospital in this matter. IT IS FURTHER ORDERED that Kimberly Gdula is hereby designated as Attorney-in-Charge for Defendant Robert Arizpes in his official capacity as the Superintendent of San Antonio State Hospital. (This is a text-only entry generated by the court. There is no document associated with this entry.) (XR)

June 30, 2021

June 30, 2021

PACER

Order on Motion to Withdraw as Attorney

June 30, 2021

June 30, 2021

PACER
28

Fourth MOTION to Extend Scheduling Order Deadlines Following Mediation and Negotiation by Disability Rights Texas. (Attachments: # 1 Proposed Order)(Mitchell, Beth) (Entered: 08/31/2021)

Aug. 31, 2021

Aug. 31, 2021

PACER
29

FOURTH AMENDED SCHEDULING ORDER:( Bench Trial set for 6/20/2022 10:30 AM before Judge Xavier Rodriguez,, Pretrial Conference set for 6/16/2022 10:30 AM before Judge Xavier Rodriguez,, Discovery due by 2/14/2022,, Motions due by 3/4/2021,),.. Signed by Judge Xavier Rodriguez. (mgr) (Entered: 09/01/2021)

Aug. 31, 2021

Aug. 31, 2021

PACER
30

CORRECTED FOURTH AMENDED SCHEDULING ORDER Bench Trial set for 6/20/2022 10:30 AM before Judge Xavier Rodriguez, Pretrial Conference set for 6/16/2022 10:30 AM before Judge Xavier Rodriguez, Discovery due by 2/14/2022, Motions due by 3/4/2022,. Signed by Judge Xavier Rodriguez. (mgr) (Entered: 09/24/2021)

Sept. 24, 2021

Sept. 24, 2021

PACER
31

Fifth MOTION to Extend Scheduling Order Deadlines Following Mediation and Negotiation by Disability Rights Texas. (Attachments: # 1 Proposed Order)(Mitchell, Beth) (Entered: 02/09/2022)

Feb. 9, 2022

Feb. 9, 2022

PACER

Text Order GRANTING 31 Motion to Extend Scheduling Order Deadlines entered by Judge Xavier Rodriguez. It is hereby ordered that all deadlines in this case are extended for a period of sixty (60) days to allow the parties to engage in settlement discussions. The parties shall provide a joint advisory as to the status of this case and, if necessary, a new proposed scheduling order no later than April 11, 2022. Because the parties have been engaged in settlement discussions for over a year, the Court concludes that this case is appropriate for administrative closure. The Clerk is DIRECTED to ADMINISTRATIVELY CLOSE this case pending further order of the Court. See Mire v. Full Spectrum Lending, 389 F.3d 163, 167 (5th Cir. 2004) ("The effect of an administrative closure is no different from a simple stay, except that it affects the count of active cases pending on the court's docket; i.e., administratively closed cases are not counted as active"). (This is a text-only entry generated by the court. There is no document associated with this entry.) (cb)

Feb. 10, 2022

Feb. 10, 2022

PACER

Order on Motion to Extend Scheduling Order Deadlines

Feb. 11, 2022

Feb. 11, 2022

PACER
32

Joint MOTION for Settlement and Joint Stipulation of Voluntary Dismissal by Disability Rights Texas. (Attachments: # 1 Exhibit A - Settlement Agreement, # 2 Proposed Order)(Mitchell, Beth) (Entered: 03/10/2022)

1 Exhibit A - Settlement Agreement

View on Clearinghouse

2 Proposed Order

View on Clearinghouse

March 10, 2022

March 10, 2022

PACER
33

ORDER APPROVING, ADOPTION, AND INCORPORATING SETTLEMENT AGREEMENT re 32 Joint MOTION for Settlement and Joint Stipulation of Voluntary Dismissal filed by Disability Rights Texas. Signed by Judge Xavier Rodriguez. (mgr) (Entered: 03/28/2022)

March 28, 2022

March 28, 2022

PACER

Case Details

State / Territory: Texas

Case Type(s):

Disability Rights

Key Dates

Filing Date: Sept. 25, 2019

Closing Date: March 28, 2022

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Protection and Advocacy System

Plaintiff Type(s):

Non-profit NON-religious organization

Attorney Organizations:

NDRN/Protection & Advocacy Organizations

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

San Antonio State Hospital, State

Facility Type(s):

Government-run

Case Details

Causes of Action:

Developmental Disabilities Assistance and Bill of Rights Act, 42 U.S.C. § 15001 et seq.

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

Protection and Advocacy of Individual Rights (PAIR), 29 U.S.C. § 794e

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Issues

Disability and Disability Rights:

Mental impairment

P&A access authority

P&A Associational Standing