Case: Richard S. v. Dept. of Developmental Services of California

8:97-cv-00219 | U.S. District Court for the Central District of California

Filed Date: March 20, 1997

Closed Date: 2005

Clearinghouse coding complete

Case Summary

On March 20, 1997, Richard S. filed a class-action lawsuit and an application for a temporary restraining order in the United States District Court for the Central District of California against the Department of Developmental Services for the State of California and Fairview Developmental Center. Richard S. was a resident of Fairview and was represented by a private attorney. William Cable, M.D. served as guardian ad litem for the class members, developmentally disabled clients without conse…

On March 20, 1997, Richard S. filed a class-action lawsuit and an application for a temporary restraining order in the United States District Court for the Central District of California against the Department of Developmental Services for the State of California and Fairview Developmental Center. Richard S. was a resident of Fairview and was represented by a private attorney. William Cable, M.D. served as guardian ad litem for the class members, developmentally disabled clients without conservators. The complaint alleged various violations of the Americans with Disabilities Act, the Social Security Act, and the Constitution. On June 16, 1997, Protection and Advocacy, Inc. moved to intervene and the motion was granted. Other organizations and individuals intervened.

The complaint alleged that developmental centers released patients into community placements that were not prepared to care for them and were doing so out of fear of financial penalties for not meeting "exit quotas." Previous state court litigation had resulted in a settlement agreement, the "Coffelt Settlement," requiring the Department to reduce the population in developmental centers. (ID-CA-0001) Interveners sought to uphold the Coffelt Settlement.

The complaint also alleged that the centers were selecting those residents who had no family members or conservators for discharge. The court granted a preliminary injunction on July 16, 1997.

On March 24, 2000, the District Court (Judge Gary L. Taylor) denied the plaintiffs' motion for summary judgment. It granted the defendant's motion with respect to two of the plaintiffs' counts and denied the defendant's motion with respect to injunctive relief. Interveners sought to enjoin the State Defendants from refusing to release residents into community placements without a court order if a family member or legal representative objected to the placement. Judge Taylor permanently enjoined this practice on April 24, 2000, stating that the Defendant should not allow third-parties to interfere with its discretion regarding community placements.

On August 8, 2000, the court dissolved the preliminary injunction it had granted in 1997. On January 1, 2001, the court amended its permanent injunction against the Defendant. It again enjoined the Defendant from implementing any policy or practice of refusing to place adult residents into community placements absent a court order because a family member or legal representative objected.

On January 18, 2001, the court entered a judgment holding that the parties' had settled all remaining claims on August 29, 2000. The settlement agreement is not available. The court later denied Plaintiffs' request for fees and costs. The United States Court of Appeals for the Ninth Circuit (Judge Harry Pregerson) reversed and remanded to the district court, holding that plaintiffs were entitled to reasonable fees. Richard S. v. Dep't of Developmental Servs., 317 F.3d 1080 (9th Cir. 2003).

The PACER docket indicates that Eugene C. Andres was appointed as Special Master in 2004. On April 22, 2005, the district court awarded 80 percent of costs and fees to the Plaintiffs. No further substantive case activity was noted on the PACER docket after July 2005, and the case was designated as "closed."

We have no further information on this matter.

Summary Authors

Angela Heverling (4/8/2007)

Related Cases

Coffelt v. Dept. of Developmental Serv., California state trial court (1990)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/10444074/parties/richard-s-v-dept-of-develop-srv/


Judge(s)

Pregerson, Harry (California)

Taylor, Gary L. (California)

Thompson, David R. (California)

Wardlaw, Kim McLane (California)

Attorneys(s) for Plaintiff

Cahill, Margaret M. (California)

Hafif, Herbert (California)

Hardiman, Francis X. (California)

Lytle, Patricia M (California)

Attorneys(s) for Defendant

Bell, Suzanne L. (California)

Bobak, M. Lois (California)

Judge(s)

Pregerson, Harry (California)

Taylor, Gary L. (California)

Thompson, David R. (California)

Wardlaw, Kim McLane (California)

Attorneys(s) for Plaintiff

Cahill, Margaret M. (California)

Hafif, Herbert (California)

Hardiman, Francis X. (California)

Lytle, Patricia M (California)

Attorneys(s) for Defendant

Bell, Suzanne L. (California)

Bobak, M. Lois (California)

Enright, Judith A. (California)

Fried, Karen L. (California)

House, Ronald R. (California)

Lockyer, Bill (California)

Lungren, Daniel E. (California)

Nixon, Thomas F. (California)

Ocheltree, Julia (California)

Ryu, Tammy Chung (California)

Salzwedel, Suzanne (California)

Sanders, John H. (California)

Schwartz, Richard O. (California)

Waldow, Richard T. (California)

Weidman, Leon W. (California)

Other Attorney(s)

Bird, Melinda R. (California)

Gelber, Eric R. (California)

Goldblatt, Ellen Sue (California)

Juarez, Daniel (California)

Pettit, Sandra B. (California)

Rosenbaum, Stephen A. (California)

Villafana, Monica Galvan (California)

Documents in the Clearinghouse

Document

8:97-cv-00219

Docket

July 28, 2005

July 28, 2005

Docket

Correspondence Re: Dr. Cable

No Court

Jan. 1, 1996

Jan. 1, 1996

Correspondence
7

8:97-cv-00219

Declaration of Linda Copeland, M.D. in Support of Plaintiffs' Application for Temporary Restraining Order and Preliminary Injunction

March 20, 1997

March 20, 1997

Monitor/Expert/Receiver Report

8:97-cv-00219

Petition and Order for Appointment of Guardian Ad Litem

March 20, 1997

March 20, 1997

Pleading / Motion / Brief
9

8:97-cv-00219

Declaration of David J. Strauss, Ph.D., FASA, in Support of Plaintiffs' Application for Temporary Restraining Order and Preliminary Injunction

March 20, 1997

March 20, 1997

Pleading / Motion / Brief
3

8:97-cv-00219

Notice of Application re: Application for TRO and Preliminary Injunction, Declaration of Francis X. Hardiman [Local Rule 7.18.1]

March 20, 1997

March 20, 1997

Pleading / Motion / Brief
4

8:97-cv-00219

Ex-Parte Application for Temporary Restraining Order and Application to Show Cause Re: Preliminary Injunction; Memorandum of Opposing Counsel [Local Rule 7.18]

March 20, 1997

March 20, 1997

Pleading / Motion / Brief
2

07-cv-00219

Notice of Related Cases Local Rule 4.3.1

March 20, 1997

March 20, 1997

Pleading / Motion / Brief
1

8:97-cv-00219

Complaint for Injunctive Relief

March 20, 1997

March 20, 1997

Complaint

8:97-cv-00219

Proposed Order

March 20, 1997

March 20, 1997

Pleading / Motion / Brief

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/10444074/richard-s-v-dept-of-develop-srv/

Last updated Aug. 11, 2022, 2:56 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT (Summons(es) not issued) (referred to Discovery Arthur Nakazato ) (jk) (Entered: 03/21/1997)

March 20, 1997

March 20, 1997

Clearinghouse
2

NOTICE by plaintiff of related case(s) SA CV96-1190-GLT(EEx) (jk) (Entered: 03/21/1997)

March 20, 1997

March 20, 1997

PACER
4

EX PARTE APPLICATION by plaintiff for temporary restraining order (jk) (Entered: 03/21/1997)

March 20, 1997

March 20, 1997

Clearinghouse
3

NOTICE of TRO aplic by plaintiff (jk) (Entered: 03/21/1997)

March 20, 1997

March 20, 1997

Clearinghouse
5

DECLARATION of Frederick Herzig, MD by plaintiff re [4-1] (jk) (Entered: 03/21/1997)

March 20, 1997

March 20, 1997

Clearinghouse
6

DECLARATION of Jocelyn Dougherty MD by plaintiff re [4-1] (jk) (Entered: 03/21/1997)

March 20, 1997

March 20, 1997

Clearinghouse
7

DECLARATION of Linda Copeland MD by plaintiff re [4-1] (jk) (Entered: 03/21/1997)

March 20, 1997

March 20, 1997

Clearinghouse
8

DECLARATION of William Cable MD by plaintiff re [4-1] (jk) (Entered: 03/21/1997)

March 20, 1997

March 20, 1997

Clearinghouse
9

DECLARATION of David Strauss PhD by plaintiff re [4-1] (jk) (Entered: 03/21/1997)

March 20, 1997

March 20, 1997

Clearinghouse
11

MINUTES: Crt does not iss a TRO; ;IN CRT HRG: mtn for prelim inj set on 3:30 3/31/97 ; dfts' opp to mtn for prelim inj shall be srvd by either pers svc or fax nlt close of bus 3-26-97; any rply shall be due by the srvc method nlt 3-28-97 noon; any fi by pers svc or fax shall be followed by a hard copy fi w/ the clrk's office by Judge Gary L. Taylor CR: none (krpa) (Entered: 03/21/1997)

March 20, 1997

March 20, 1997

PACER
10

NOTICE of corr to assngmt of discov mag from Magistrate Judge Nakazato to Magistrate Judge Edwards due to prev-fld related case SA CV96-1190-GLT(EEx) (jk) (Entered: 03/21/1997)

March 21, 1997

March 21, 1997

PACER

CASE REFERRED to Discovery Elgin Edwards (jk)

March 21, 1997

March 21, 1997

PACER
12

P/A's by defendant Regional Ctr Orange in opposition to appl for prelim inj [4-1]; dec of Paula Fiebert (krpa) (Entered: 04/01/1997)

March 26, 1997

March 26, 1997

PACER
13

OBJECTIONS by defendant Regional Ctr Orange to the dec of Linda Copeland MD in suppt of pla's appl for TRO & Prelim inj [7-1] (krpa) (Entered: 04/01/1997)

March 26, 1997

March 26, 1997

PACER
14

OBJECTIONS by defendant Regional Ctr Orange to the dec of William Cable MD in suppt of pla's appl for TRO & Prelim inj [8-1] (krpa) (Entered: 04/01/1997)

March 26, 1997

March 26, 1997

PACER
15

OBJECTIONS by defendant Regional Ctr Orange to the dec of Jocelyn Doroughty MD in suppt of pla's appl for TRO & Prelim inj [6-1] (krpa) (Entered: 04/01/1997)

March 26, 1997

March 26, 1997

PACER
16

OBJECTIONS by defendant Regional Ctr Orange to to dec of Frederick Herzig MD in suppt of pla's appl for TRO & Prelim inj [5-1] (krpa) (Entered: 04/01/1997)

March 26, 1997

March 26, 1997

PACER
17

Defendant Dept of Devlp Serv, defendant Fairview Develop Ctr's Opposition to pla's exparte motion for temporary restraining order & Prelim inj & decls of Michael B Mount, Dawn Lemonds, Lois A Cissell, Jeffrey Helfer & Roberta A Larlowe [4-1] (krpa) (Entered: 04/01/1997)

March 26, 1997

March 26, 1997

PACER
18

JOINDER by defendant Westside Regional Ct joining St Dept of Dev Svcs' Opp to plas' appl for osc re: prelim inj [17-1]; Westside's opp to pla's appl; memo of P/A in suppt thereof Joinder (krpa) (Entered: 04/01/1997)

March 27, 1997

March 27, 1997

PACER
19

DECLARATION of Debra Ray by defendant Westside Regional Ct in suppt of opp to plas' appl for prelim inj (fld in the JOINDER fld 3-27-97) [18-1] (krpa) (Entered: 04/01/1997)

March 27, 1997

March 27, 1997

PACER
20

JOINDER by defendant Harbor Regional Ctr joining the dft Dept of Dev Svc & Fairview Dev Ctr's opp to pla's appl for prelim inj & dec of Michael B Mount, D Lemonds, Lois A Cissell, J Helfer, & RobertA A Marlowe [17-1] Joinder (krpa) (Entered: 04/02/1997)

March 28, 1997

March 28, 1997

PACER
21

JOINDER by defendant South Central LA Ctr joining dft Dept of Dev Svc & Fairview Dev Ctr's opp to pla's appl for prelim inj & decs of M Mount, D Lemonds, L Cissell, J Helfer, R Marlowe [17-1] Joinder (krpa) (Entered: 04/02/1997)

March 28, 1997

March 28, 1997

PACER
22

DECLARATION of Raymond M Peterson MD by defendant San Diego Region Ctr in opp to plas' appl for TRO & Prelim inj [4-1] (krpa) (Entered: 04/03/1997)

March 31, 1997

March 31, 1997

PACER
23

DECLARATION of Judy Steeg Borchert MSW by defendant San Diego Region Ctr in opp to plas' appl for TRO & Prelim inj [4-1] (krpa) (Entered: 04/03/1997)

March 31, 1997

March 31, 1997

PACER
24

SUPPLEMENT by plaintiff Richard S, plaintiff Cynthia R, plaintiff Valdina R, plaintiff William Cable re declaration of David A Strauss PhD in suppt of plas appl for prelim & perm inj [9-1] (krpa) (Entered: 04/03/1997)

March 31, 1997

March 31, 1997

PACER
25

SUPPLEMENT by plaintiff Richard S, plaintiff Cynthia R, plaintiff Valdina R, plaintiff William Cable re declaration of William Cable MD in suppt of plas' appl for prelim inj [8-1] (krpa) (Entered: 04/03/1997)

March 31, 1997

March 31, 1997

PACER
26

AMENDMENT by plaintiff Richard S, plaintiff Cynthia R, plaintiff Valdina R, plaintiff William Cable P/S of rply to dfts opp to plas appl for prelim inj (krpa) (Entered: 04/03/1997)

March 31, 1997

March 31, 1997

PACER
27

AMENDMENT by plaintiff Richard S, plaintiff Cynthia R, plaintiff Valdina R, plaintiff William Cable to the svc list by Harbor Reg ctr, So Cent LA Reg Ctr & Westside Reg Ctr (krpa) (Entered: 04/03/1997)

March 31, 1997

March 31, 1997

PACER
28

OBJECTIONS by defendant Regional Ctr Orange to suppl dec of William Cable MD in suppt of plas' appl for a prelim inj [25-1] (krpa) (Entered: 04/03/1997)

March 31, 1997

March 31, 1997

Clearinghouse
29

OBJECTIONS by defendant Regional Ctr Orange to suppl dec of David A Strauss in suppt of plas' appl for a prelim & perm inj [24-1] (krpa) (Entered: 04/03/1997)

March 31, 1997

March 31, 1997

PACER
30

DECLARATION of Lois A Cissell by defendant Dept of Devlp Serv, defendant Fairview Develop Ctr (krpa) (Entered: 04/03/1997)

March 31, 1997

March 31, 1997

Clearinghouse
31

DECLARATION of Michael B Mount by defendant Dept of Devlp Serv, defendant Fairview Develop Ctr (krpa) (Entered: 04/03/1997)

March 31, 1997

March 31, 1997

Clearinghouse
32

DECLARATION of Dawn Lemonds by defendant Dept of Devlp Serv, defendant Fairview Develop Ctr (krpa) (Entered: 04/03/1997)

March 31, 1997

March 31, 1997

Clearinghouse
33

DECLARATION of Jeffrey Helfer by defendant Dept of Devlp Serv, defendant Fairview Develop Ctr (krpa) (Entered: 04/03/1997)

March 31, 1997

March 31, 1997

Clearinghouse
34

DECLARATION of Roberta A Marlowe PhD by defendant Dept of Devlp Serv, defendant Fairview Develop Ctr (krpa) (Entered: 04/03/1997)

March 31, 1997

March 31, 1997

Clearinghouse
35

REPLY by plaintiff Richard S, plaintiff Cynthia R, plaintiff Valdina R, plaintiff William Cable to Reg ctr of OC's opp to plas' appl for prelim inj [12-1] (krpa) (Entered: 04/03/1997)

March 31, 1997

March 31, 1997

PACER
36

REPLY by plaintiff Richard S, plaintiff Cynthia R, plaintiff Valdina R, plaintiff William Cable to Dept of Dev Svcs & Fairview Dev Ctr's opp to plas' appl for prelim inj [17-1] (krpa) (Entered: 04/03/1997)

March 31, 1997

March 31, 1997

PACER
37

REPLY by plaintiff Richard S, plaintiff Cynthia R, plaintiff Valdina R, plaintiff William Cable to Westside Reg Ctr's opp to plas' appl for prelim inj (krpa) (Entered: 04/03/1997)

March 31, 1997

March 31, 1997

PACER
38

OBJECTIONS by plaintiff Richard S, plaintiff Cynthia R, plaintiff Valdina R, plaintiff William Cable to decs of Mount, Lemonds, Cissell, Helfer, & Marlowe [34-1], [33-1], [32-1], [31-1], [30-1] (krpa) (Entered: 04/03/1997)

March 31, 1997

March 31, 1997

PACER
39

MINUTES: Crt taking under submission the pla's exparte motion for prelim inj [4-1] by Judge Gary L. Taylor CR: S Marshall (krpa) (Entered: 04/03/1997)

March 31, 1997

March 31, 1997

PACER
40

ORDER for add br: Ord that the ptys are ord to submit add br on pla's Fed Const Clms; pla's Americans w/ Disabilities Act Clms; & any other iss raised dur oral argument which bear on pla's fed clms; plas may fi & srv an add argument on these iss on or before 4-10-97; dfts shall fi their opp on or before 4-17-97; plas may fi & srv their resp on or before 4-22-97; srv shall be by pers svc or fax; if the Crt requires a hrg it will notify the ptys by Judge Gary L. Taylor (krpa) (Entered: 04/08/1997)

April 3, 1997

April 3, 1997

PACER
41

PROOF OF SERVICE by plaintiff Richard S, plaintiff Cynthia R, plaintiff Valdina R, plaintiff William Cable of decl of Margaret M Cahill re; P/S (krpa) (Entered: 04/14/1997)

April 9, 1997

April 9, 1997

PACER
43

SUPPLEMENT by plaintiff Richard S, plaintiff Cynthia R, plaintiff Valdina R, plaintiff William Cable P/A in suppt of req for prelim inj (krpa) (Entered: 04/15/1997)

April 10, 1997

April 10, 1997

Clearinghouse
42

Correctable Table of Contents & Table of Auths & pg 21 of memo which may have been inadvertantly ommitted (krpa) (Entered: 04/14/1997)

April 11, 1997

April 11, 1997

PACER
44

Continuance or br sched & State dfts' resp to cmp (krpa) (Entered: 04/15/1997)

April 14, 1997

April 14, 1997

PACER
45

SUPPLEMENT by defendant Regional Ctr Orange re opp to plas' appl for prelim inj; dec of Stacey Reilly [12-1] (krpa) (Entered: 04/21/1997)

April 17, 1997

April 17, 1997

PACER
46

JOINDER by defendant Westside Regional Ct joining Reg Ctr of OC suppl opp to plas' appl for prelim inj & in dft Dept Dev Svcs suppl opp [45-1] Joinder (krpa) (Entered: 04/21/1997)

April 18, 1997

April 18, 1997

PACER
47

SUPPLEMENT by plaintiff Richard S, plaintiff Cynthia R, plaintiff Valdina R, plaintiff William Cable P/A in suppt of req for prelim inj (set 2) in resp to dft Reg ctr of OC & jndr by Westside Reg Ctr (krpa) (Entered: 04/23/1997)

April 22, 1997

April 22, 1997

PACER
48

Corrected Table of Contents re suppl P/A [47-1] (krpa) (Entered: 04/24/1997)

April 23, 1997

April 23, 1997

PACER
49

JOINDER by defendant Harbor Regional Ctr joining dft Dept of Dev Srvcs' suppl opp & in dft Reg Ctr of OC's suppl opp to plas' appl for prelim inj; & dec of Colleen Mock Joinder (krpa) (Entered: 04/29/1997)

April 28, 1997

April 28, 1997

PACER
50

SUPPLEMENT by defendant Dept of Devlp Serv, defendant Fairview Develop Ctr, defendant South Coast Regional, defendant Harbor Regional Ctr, defendant Regional Ctr Orange, defendant San Diego Region Ctr, defendant South Central LA Ctr, defendant Westside Regional Ct re opp to plas' appl for prelim inj; decl of Hugh Kohler, Dawn Lemonds & Judy Steeg Borchert [17-1] (krpa) (Entered: 04/30/1997)

April 29, 1997

April 29, 1997

PACER
51

JOINDER by defendant Regional Ctr Orange joining State's suppl opp to plas' appl for prelim inj [50-1] Joinder (krpa) (Entered: 05/01/1997)

April 30, 1997

April 30, 1997

PACER
52

JOINDER by defendant San Diego Region Ctr joining in dfts Reg Ctr of OC & Dept of Develop Svcs opp & suppl opp to pla's appl for a prelim inj[51-1] Joinder (krpa) (Entered: 05/01/1997)

April 30, 1997

April 30, 1997

PACER
53

JOINDER by defendant South Coast Regional joining suppl memorandum in oppstn [17-1], suppl memorandum in oppstn [12-1] Joinder (jd) (Entered: 05/09/1997)

May 1, 1997

May 1, 1997

PACER
54

APPLICATION AND ORDER by Judge Gary L. Taylor granting leave to file amicus curiae brief of Protection & Advocacy Inc (jd) (Entered: 05/12/1997)

May 6, 1997

May 6, 1997

PACER
55

DECLARATION of James W. Conroy in supprt by amicus Protection & Advocac re [54-1], re [54-2] (jd) (Entered: 05/12/1997)

May 6, 1997

May 6, 1997

PACER
56

DECLARATION of Daniel Juarez in supprt by amicus Protection & Advocac re [54-1], re [54-2] (jd) (Entered: 05/12/1997)

May 6, 1997

May 6, 1997

PACER
57

Joinder by defendant Regional Ctr Orange to state dfts mtn to dism for inj relief (jd) (Entered: 05/12/1997)

May 6, 1997

May 6, 1997

PACER
58

NOTICE OF MOTION AND MOTION by defendant Dept of Devlp Serv, defendant Dennis G Amundson to dismiss for injunctive relief ; motion hearing set for 10:00 6/30/97 (jd) (Entered: 05/12/1997)

May 6, 1997

May 6, 1997

PACER
59

SUPPLEMENT by plaintiff Richard S, plaintiff Cynthia R, plaintiff Valdina R, plaintiff William Cable re exparte motion for Preliminary Injunction (set two) in response to state dft & joinder by all other dfts (jd) (Entered: 05/12/1997)

May 6, 1997

May 6, 1997

PACER
60

SUPPLEMENT by plaintiff Richard S, plaintiff Cynthia R, plaintiff Valdina R, plaintiff William Cable in supprt of application for preliminary injunction (jd) (Entered: 05/12/1997)

May 7, 1997

May 7, 1997

PACER
61

JOINDER by defendant Westside Regional Ct joining dft Dept of Developmental Svcs' motion to dismiss for injunctive relief [58-1] Joinder (krpa) (Entered: 05/19/1997)

May 9, 1997

May 9, 1997

PACER
62

RESPONSE by plaintiff Richard S, plaintiff Cynthia R, plaintiff Valdina R, plaintiff William Cable to amicus brief by Protection & Advocacy Inc (krpa) (Entered: 05/19/1997)

May 9, 1997

May 9, 1997

PACER
64

AMENDMENDED Citations, Table of Contents & Authorities re exhbit 1 by plaintiff Richard S, plaintiff Cynthia R, plaintiff Valdina R, plaintiff William Cable to [62-1] (jd) (Entered: 05/20/1997)

May 12, 1997

May 12, 1997

PACER
63

NOTICE of cont by defendant Dept of Devlp Serv, defendant Fairview Develop Ctr of hearing cont hearing on motion to for injunctive relief [58-1] 10:00 7/7/97 (krpa) (Entered: 05/20/1997)

May 13, 1997

May 13, 1997

PACER
65

JOINDER by defendant Harbor Regional Ctr joining State dfts' motion to dismiss for injunctive relief [58-1] Joinder (krpa) (Entered: 05/22/1997)

May 19, 1997

May 19, 1997

PACER
66

JOINDER by defendant South Central LA Ctr joining State dfts' motion to dismiss for injunctive relief [58-1] Joinder (krpa) (Entered: 05/22/1997)

May 19, 1997

May 19, 1997

PACER
67

Ntc of ERRATA by defendant Dept of Devlp Serv, defendant Fairview Develop Ctr re mtn to dism cmp for inj relief [58-1] (krpa) (Entered: 05/22/1997)

May 21, 1997

May 21, 1997

PACER
68

DECLARATION of Daniel Juarez in rply to pla's resp to Amicus Br by protect & advocacy Inc (krpa) (Entered: 05/27/1997)

May 22, 1997

May 22, 1997

PACER
69

MINUTES: crt sets hrg ; IN COURT HEARING RE: the approp of prelim inj terms set on 1:30 6/5/97 ; cnsl shall appear in person for this hrg by Judge Gary L. Taylor CR: none (krpa) (Entered: 06/04/1997)

May 30, 1997

May 30, 1997

PACER
70

ORDER granting mtn for prelim inj; first, Dr William Cable is aptd guardian ad litme for Richard S for purp of this lawsuit; 2nd, the Crt will iss a prelim inj enjn comm placement of unrep Fairview patients, under such terms as the Crt shall set in a formal prelim inj ord; the Crt's law clrk will immed contact the ptys to sched a Crt conf to discuss approp inj terms by Judge Gary L. Taylor (krpa) (Entered: 06/04/1997)

May 30, 1997

May 30, 1997

PACER
71

MINUTES: ; hearing on the approp of terms of prelim inj held Crt will not iss a prelim inj at pres; Crt sched a further hrg ; IN COURT HEARING RE: to determine a definition of representative & how best to handle the placement matter-set on 4:30 6/9/97 by Judge Gary L. Taylor CR: S Marshall (krpa) (Entered: 06/11/1997)

June 5, 1997

June 5, 1997

PACER
72

NOTICE OF MOTION AND MOTION to intervene ; LDGD PROP CMP & ORD ; motion hearing set for 10:00 7/7/97 (krpa) (Entered: 06/23/1997)

June 16, 1997

June 16, 1997

PACER
73

MEMORANDUM of P/A by intervenor Barbara Bell, intervenor Danny Warren in support of motion to intervene [72-1] (krpa) (Entered: 06/23/1997)

June 16, 1997

June 16, 1997

PACER
74

OPPOSITION by plaintiff Richard S, plaintiff Cynthia R, plaintiff Valdina R, plaintiff William Cable to motion to dismiss for injunctive relief [58-1] & jndr by Reg Ctr of OC, Harbor Reg Ctr & So Cent LA Reg Ctr; memo of P/A in suppt thereof (krpa) (Entered: 06/26/1997)

June 23, 1997

June 23, 1997

PACER
75

OPPOSITION by plaintiff Richard S, plaintiff Cynthia R, plaintiff Valdina R, plaintiff William Cable to motion to intervene by prop intvr's Barbara Bell & Danny Warren [72-1]; memo of P/A in suppt thereof (krpa) (Entered: 06/26/1997)

June 23, 1997

June 23, 1997

PACER
76

REPLY by intervenor Barbara Bell, intervenor Danny Warren to pla's opp to mtn to intervene [75-1] (krpa) (Entered: 07/03/1997)

June 30, 1997

June 30, 1997

PACER
77

MINUTES: Ord granting Bell & Warren's motion to intervene [72-1]; The cmp in intervention will be fld on the dt of this M/O; Ord taking under submission the state dfts' motion to dismiss for injunctive relief [58-1] by Judge Gary L. Taylor CR: none (krpa) (Entered: 07/03/1997)

July 1, 1997

July 1, 1997

PACER
78

INTERVENOR'S COMPLAINT by intervenor Barbara Bell, intervenor Danny Warren (krpa) (Entered: 07/03/1997)

July 1, 1997

July 1, 1997

PACER
79

BRIEF FILED Re: 2nd hearing on terms of inj relief by plaintiffs. (th) (Entered: 07/11/1997)

July 9, 1997

July 9, 1997

PACER
80

DECLARATION of Jocelyn Doughterty MD by plaintiff re brief on second hearing [79-1] (th) (Entered: 07/11/1997)

July 9, 1997

July 9, 1997

PACER
81

Proposal for Issuance of Injunction/Consent Decree (th) (Entered: 07/11/1997)

July 9, 1997

July 9, 1997

PACER
83

MINUTES: ; in court hearing held re appropriatness of Terms of Prelim Inj Cnsl prsnt & conf held in chmbrs w/crt. Ptys stip that agreemnt rchd previously will remain in effect til the crt iss and ord. Crt will iss ord shortly by Judge Gary L. Taylor CR: Sally Marshall (jd) (Entered: 07/15/1997)

July 9, 1997

July 9, 1997

PACER
84

Suppl P/A in oppstn to Plntfs Prelim Inj. (jd) (Entered: 07/15/1997)

July 9, 1997

July 9, 1997

PACER
82

MINUTES: Following the ptys' mtng ion chambs on 7-9-97 the Crt indicated & the ptys agrd that the ptys' prev agrmnt temp restrained their activities w/ re to resident of Fairview Dev Ctr will remain in effect until the Crt iss a prelim inj in this matter; Crt will iss an inj shortly; by Judge Gary L. Taylor CR: none (krpa) (Entered: 07/15/1997)

July 10, 1997

July 10, 1997

PACER
85

ORDER by Judge Gary L. Taylor for preliminary injunction ; The court finds that inj relief is appropriate before class cert; it is apparent that class cert will be granted; second, the nature of potential irreparable inj in this case weighs heavily in favor of granting relief on expedited basis; pla shall post a bond in amt of $1,500 within 10 days of this order (th) (Entered: 07/18/1997)

July 15, 1997

July 15, 1997

PACER
86

ORDER by Judge Gary L. Taylor GRANT in part DENY in part motion to dismiss for injunctive relief [58-1] ; mot to dism is denied as to pla's ADA clam, Section 1983 procedural due process clms & Sec 1983 clms against dfts Amundson, Kohler & Figueroa; mot is granted as to pla Sec 1983 clms against dfts DDS & Fairview & Sec 1983 clms based on Calif B&P 2056 without lv to amend (th) (Entered: 07/18/1997)

July 15, 1997

July 15, 1997

PACER
87

ORDER for Amended Preliminary Injunction: pending trial the dfts Dept of Dev Services & Fairview Dev Ctr are enjoined from releasing or transferring adult resident of Fairview unless the individual has capacity to object; has authorized a rep in writing or is "represented" during course of releae decision making process; "represented" means he/she has a conservator or an involved family member ; this order does not prevent transfer under a lawful order; Court finds combination of factors for class cert and nature of potential irreparable injury weigh in favor of a prelim inj; pla to post a bond for $1,500 within 10 days of this order by Judge Gary L. Taylor (th) (Entered: 07/24/1997)

July 16, 1997

July 16, 1997

PACER
88

NOTICE of posting injunction bond/cashiers check in lieu of bond, posted $1500, by plaintiffs. (th) (Entered: 07/29/1997)

July 25, 1997

July 25, 1997

PACER
89

ANSWER to by defendant Westside Regional Ct complaint for injunctive relief [1-1] (th) (Entered: 08/05/1997)

Aug. 4, 1997

Aug. 4, 1997

PACER
90

ANSWER to by defendant Regional Ctr Orange complaint [1-1] (krpa) (Entered: 08/07/1997)

Aug. 6, 1997

Aug. 6, 1997

PACER
91

ANSWER to by defendant Dept of Devlp Serv, defendant Fairview Develop Ctr, defendant South Coast Regional, defendant Dennis G Amundson, defendant Harry Kohler, defendant Lilia Tan Figueroa, defendant Dawn Lemonds complaint [1-1] (krpa) (Entered: 08/13/1997)

Aug. 12, 1997

Aug. 12, 1997

PACER
94

ORDER re mtng of cnsl by Judge Gary L. Taylor ; mandatory status conference set on 9:00 11/10/97 (krpa) (Entered: 08/21/1997)

Aug. 14, 1997

Aug. 14, 1997

PACER
92

ANSWER to by defendant South Central LA Ctr complaint [1-1] (th) (Entered: 08/18/1997)

Aug. 15, 1997

Aug. 15, 1997

PACER
93

ANSWER to by defendant Harbor Regional Ctr complaint [1-1] (th) (Entered: 08/18/1997)

Aug. 15, 1997

Aug. 15, 1997

PACER
95

NOTICE OF MOTION AND MOTION by intervenor Melissa Tisdale, intervenor Raymond Masao Kawaguchi, intervenor Sheila Williams, intervenor Phillip Wilson, intervenor CA Assn State Hosp, intervenor Sacramento Assoc Ret to intervene ; motion hearing set for 10:00 9/22/97 (jd) (Entered: 09/03/1997)

Aug. 29, 1997

Aug. 29, 1997

PACER

LODGED Complaint-in-Intervention submitted by intervenor Melissa Tisdale, intervenor Raymond Masao Kawaguchi, intervenor Sheila Williams, intervenor Phillip Wilson, intervenor CA Assn State Hosp, intervenor Sacramento Assoc Ret (FWD TO CRD) (jd)

Aug. 29, 1997

Aug. 29, 1997

PACER
96

NOTICE OF MOTION AND MOTION by plaintiff Richard S, plaintiff Cynthia R, plaintiff Valdina R, plaintiff William Cable for leave to file amend cmplnt ; motion hearing set for 10:00 9/22/97 (jd) (Entered: 09/03/1997)

Aug. 29, 1997

Aug. 29, 1997

PACER

LODGED Propsd lst amend cmplnt submitted by plaintiff Richard S, plaintiff Cynthia R, plaintiff Valdina R, plaintiff William Cable (FWD TO CRD) (jd)

Aug. 29, 1997

Aug. 29, 1997

PACER
97

PROOF OF SERVICE by defendant South Coast Regional of answer by dft So Central on service list by mail 9/2/97 (th) (Entered: 09/10/1997)

Sept. 8, 1997

Sept. 8, 1997

PACER

Case Details

State / Territory: California

Case Type(s):

Intellectual Disability (Facility)

Special Collection(s):

Olmstead Cases

Multi-LexSum (in sample)

Key Dates

Filing Date: March 20, 1997

Closing Date: 2005

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Developmentally disabled adults and residents of Fairview Developmental Center

Attorney Organizations:

NDRN/Protection & Advocacy Organizations

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Fairview Developmental Center, State

Department of Developmental Services , State

Case Details

Causes of Action:

42 U.S.C. § 1983

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Social Security (Title XX), 42 U.S.C. §§ 1397 et seq.

Constitutional Clause(s):

Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 2001 - None

Content of Injunction:

Preliminary relief granted

Issues

General:

Classification / placement

Deinstitutionalization/decarceration

Disability:

Integrated setting

Mental Disability:

Developmental disability without intellectual disability

Intellectual/developmental disability, unspecified

Type of Facility:

Government-run