Case: Simmons v. Baker

1:22-cv-11715 | U.S. District Court for the District of Massachusetts

Filed Date: Oct. 11, 2022

Case Ongoing

Clearinghouse coding complete

Case Summary

This is a case about how the state of Massachusetts allowed thousands of people with disabilities to languish and often deteriorate in nursing facilities, even though they could be living independently. On October 11, 2022, six individuals with disabilities residing in nursing facilities in Massachusetts filed this putative class action lawsuit in the U.S. District Court of Massachusetts. The plaintiffs sued Governor Charlie Baker and state officials employed at the Executive Office of Health a…

This is a case about how the state of Massachusetts allowed thousands of people with disabilities to languish and often deteriorate in nursing facilities, even though they could be living independently. On October 11, 2022, six individuals with disabilities residing in nursing facilities in Massachusetts filed this putative class action lawsuit in the U.S. District Court of Massachusetts. The plaintiffs sued Governor Charlie Baker and state officials employed at the Executive Office of Health and Human Services, the Executive Office of Administration and Finance, the Executive Office of Elder Affairs, and MassHealth under 42 U.S.C. § 1983, Title II of the Americans with Disabilities Act (ADA), Section 504 of the Rehabilitation Act and Medicaid, Title XIX of the Social Security Act. An additional claim was filed under the Nursing Home Reform Amendments (NHRA) on behalf of a putative subclass. 

Represented by three advocacy organizations, the Center for Public Representation, Justice in Aging, and the Greater Boston Legal Services, as well as private counsel, the plaintiffs sought: 1) the certification of  a class and a subclass, 2) injunctive relief to compel the defendants to expand existing Home and Community Based Services (HCBS) programs and set up new ones, so that people with disabilities in nursing facilities can make informed choices and have meaningful options to live successfully outside nursing homes in the community, 3) a declaration that the defendants violated their rights under the law, and 4) attorneys’ fees and other appropriate relief.

The plaintiffs first claimed the defendants violated the ADA and Section 504 by failing to provide the individual plaintiffs and members of the class with community residential services and support in the most integrated setting, resulting in their needless institutionalization in nursing facilities. Plaintiffs made additional claims under the Medicaid Act, alleging that the defendants failed to provide, with reasonable promptness: 1) community residential services and supports through HCBS for persons with disabilities in nursing facilities, 2) specialized services for persons with serious medical illness, and 3) culturally competent information and an informed choice of whether to receive services in nursing facilities or in the community to persons with disabilities. A claim specific to the subclass alleged that the defendants violated the NHRA because they failed to appropriately screen for, assess and provide members of the subclass with specialized services, and inappropriately placed members of the subclass in nursing facilities. The case was assigned to District Judge Patti B. Saris.

The individual plaintiffs sought certification of a class defined as “all Medicaid-eligible persons with disabilities in Massachusetts who have resided or will reside in a nursing facility for at least 60 days, meet the qualifications for Massachusetts’ HCBS programs, and need access to appropriate community residential services and supports to live in integrated settings in the community.” Approximately 22,000 individuals in Massachusetts nursing facilities qualified under the class sought by plaintiffs. The sought subclass for the NHRA claim included “all Medicaid-eligible persons with serious mental illness who have been admitted to, or who should be screened for admission to, nursing facilities pursuant the Medicaid Act. When the lawsuit was filed, at least 1,500 individuals with a serious medical illness resided in nursing facilities across Massachusetts.

The plaintiffs filed a motion to begin discovery on December 1, 2022, which the defendants’ opposed. The defendants’ argued that discovery at that early stage would be unfairly prejudicial towards them, and it was both “impracticable and unusual” for discovery to begin before they had even filed a response to the complaint. Additionally, the defendants’ sought a protective order, as the plaintiffs’ discovery request implicated health and personal information that was subject to privacy protections. On March 6, 2023, Judge Saris denied the motion to begin discovery, and on March 16, Magistrate Judge Jennifer C. Boal granted the defendants' request for a protective order.

On April 19, 2023, the plaintiffs filed a motion to certify the following class, “All Medicaid-eligible adults in Massachusetts with mental illness and/or physical disabilities, including older adults, who, now or in the future: (1) reside in a nursing facility for at least 60 days, notwithstanding any temporary hospitalizations, and (2) have not been provided community residential services and supports in integrated settings in the community.” The plaintiffs also requested certification of the following subclass, “All Medicaid-eligible adults with serious mental illness who, now or in the future, have been admitted to, or who were screened for admission to, nursing facilities pursuant to 42 U.S.C. § 1396r(e)(7) and 42 C.F.R. § 483.112.”

On July 28, 2023, the defendants filed a motion to dismiss. On September 7, 2023, Judge Saris recused herself and the case was reassigned to Judge Nathaniel M. Gorton. 

On September 20, 2023, the Department of Justice filed a Statement of Interest in support of the plaintiffs' motion for class certification. The statement argued that class certification was generally appropriate in this kind of case because there were common questions concerning the defendant’s systemic policies and practices and single injunctive relief would be appropriate to remedy the unnecessary segregation of a large group of people. Shortly thereafter, on September 28, the Department filed a second Statement of Interest, opposing the defendants' motion to dismiss. This Statement argued that unnecessary segregation was an injury in fact that met Article III standing requirements and that the plaintiffs did not need to request and be denied a specific service to establish standing.

The parties reached a proposed settlement agreement on March 24, 2024, and filed the proposed agreement with the court on April 16, 2024. The settlement agreement provided for increased investment in new housing opportunities and community-based programs for elderly adults and individuals with disabilities. Provisions included the creation of a full-time position for someone to oversee the Community Transition Liaison Program (CTLP) and 45 CTLP teams in the state. Each team assigned to work with a Medicaid-participating nursing facility in the state was to consist of a community transition liaison and case assistant. The expansion of residential services and housing supports capacity included the addition of 400 slots to its Residential Supports waiver program (24/7 supervision and support services in a provider-operated setting), with funding of up to $50,000 for home modifications, and 200 additional beds in group living environments.

The terms of the settlement included certification of a class defined as: “All present or future Medicaid-eligible persons who: (i) are Massachusetts residents, (ii) have attained age 22, (iii) reside (at any time before the Termination Date) in a nursing facility within the Commonwealth for 60 days or more, and (iv) either (a) have a “disability” as defined in the ADA and are qualified for and would not oppose transition to a community-based setting, or (b) have PASRR SMI as determined pursuant to a Level II PASRR evaluation.” 

The agreement further provided that a minimum of 2400 class members would be transitioned to the community over the seven-year term of the agreement. Transitions to provider-operated settings were to be made within 18 months of engagement with state-funded transition assistance services, to their own home within 12 months for those who needed to obtain a home, and within 9 months for those who already had a home. In addition, the state was required to collect, analyze, and share data on the transition efforts.

The settlement agreement consistently emphasized culturally and linguistically competent communication with all individuals. Plaintiffs were awarded $1,800,000.00 in attorneys' fees and costs.

The settlement agreement is awaiting court approval. This case remains ongoing.

Summary Authors

Simran Takhar (3/1/2023)

Michelle Wolk (10/2/2023)

Terry Howard (11/17/2023)

Hannah Juge (6/10/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/65413245/parties/simmons-v-baker/


Judge(s)
Attorney for Plaintiff

Bailey, Regan (Massachusetts)

Carlson, Eric Matthew (Massachusetts)

Crimmins, Elizabeth E. (Massachusetts)

Davis, Tasheena M. (Massachusetts)

Attorney for Defendant

Arslanian, Vanessa Azniv (Massachusetts)

show all people

Documents in the Clearinghouse

Document

1:22-cv-11715

Class Action Complaint

Oct. 11, 2022

Oct. 11, 2022

Complaint
58

1:22-cv-11715

Order on Joint Motion for Protective Order

Simmons v. Healey

March 7, 2023

March 7, 2023

Order/Opinion
61

1:22-cv-11715

Protective Order

Simmons v. Healey

March 16, 2023

March 16, 2023

Order/Opinion

1:22-cv-11715

Statement of Interest of the United States of America

Marsters v. Healy

Sept. 20, 2023

Sept. 20, 2023

Pleading / Motion / Brief
132

1:22-cv-11715

Statement of Interest of the United States of America

Marsters v. Healy

Sept. 28, 2023

Sept. 28, 2023

Pleading / Motion / Brief
152-1

Settlement Agreement and Order Certifying Class

April 16, 2024

April 16, 2024

Settlement Agreement

Docket

See docket on RECAP: https://www.courtlistener.com/docket/65413245/simmons-v-baker/

Last updated March 10, 2024, 4 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants Filing fee: $ 402, receipt number AMADC-9533913 (Fee Status: Filing Fee paid), filed by Richard Caouette, Carole Chojnacki, Sherri Curran, Donald Grant, David Marsters, Massachusetts Senior Action Council, John Simmons, Lorraine Simpson. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Civil Cover Sheet Civil Category Sheet)(London, Andrew) (Entered: 10/11/2022)

1 Civil Cover Sheet Civil Cover Sheet

View on PACER

2 Civil Cover Sheet Civil Category Sheet

View on PACER

Oct. 11, 2022

Oct. 11, 2022

PACER
2

CORPORATE DISCLOSURE STATEMENT by Massachusetts Senior Action Council. (London, Andrew) (Entered: 10/11/2022)

Oct. 11, 2022

Oct. 11, 2022

PACER
3

MOTION for Leave to Appear Pro Hac Vice for admission of Eric Carlson Filing fee: $ 100, receipt number AMADC-9534159 by Richard Caouette, Carole Chojnacki, Sherri Curran, Donald Grant, David Marsters, Massachusetts Senior Action Council, John Simmons, Lorraine Simpson. (Attachments: # 1 Exhibit Certification of Eric Carlson)(London, Andrew) (Entered: 10/11/2022)

Oct. 11, 2022

Oct. 11, 2022

PACER
4

MOTION for Leave to Appear Pro Hac Vice for admission of Mark J. Murphy Filing fee: $ 100, receipt number AMADC-9534184 by Richard Caouette, Carole Chojnacki, Sherri Curran, Donald Grant, David Marsters, Massachusetts Senior Action Council, John Simmons, Lorraine Simpson. (Attachments: # 1 Exhibit Certification of Mark Murphy)(London, Andrew) (Entered: 10/11/2022)

Oct. 11, 2022

Oct. 11, 2022

PACER
5

ELECTRONIC NOTICE of Case Assignment. Judge Patti B. Saris assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Jennifer C. Boal. (Finn, Mary) (Entered: 10/11/2022)

Oct. 11, 2022

Oct. 11, 2022

PACER
6

Summons Issued as to All Defendants. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Geraldino-Karasek, Clarilde) (Entered: 10/11/2022)

Oct. 11, 2022

Oct. 11, 2022

PACER
7

Judge Patti B. Saris: ELECTRONIC ORDER entered granting 3 Motion for Leave to Appear Pro Hac Vice Added Eric Matthew Carlson. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at https://pacer.uscourts.gov/register-account.Pro Hac Vice Admission Request Instructions https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by the newly admitted attorney. (Geraldino-Karasek, Clarilde) (Entered: 10/11/2022)

Oct. 11, 2022

Oct. 11, 2022

PACER
8

Judge Patti B. Saris: ELECTRONIC ORDER entered granting 4 Motion for Leave to Appear Pro Hac Vice Added Mark J. Murphy. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at https://pacer.uscourts.gov/register-account.Pro Hac Vice Admission Request Instructions https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by the newly admitted attorney. (Geraldino-Karasek, Clarilde) (Entered: 10/11/2022)

Oct. 11, 2022

Oct. 11, 2022

PACER

Notice of Case Assignment

Oct. 11, 2022

Oct. 11, 2022

PACER

Order on Motion for Leave to Appear

Oct. 11, 2022

Oct. 11, 2022

PACER
9

NOTICE of Appearance by Tasheena M. Davis on behalf of Richard Caouette, Carole Chojnacki, Sherri Curran, Donald Grant, David Marsters, Massachusetts Senior Action Council, John Simmons, Lorraine Simpson (Davis, Tasheena) (Entered: 10/18/2022)

Oct. 18, 2022

Oct. 18, 2022

PACER
10

NOTICE of Appearance by Steven J. Schwartz on behalf of Richard Caouette, Carole Chojnacki, Sherri Curran, Donald Grant, David Marsters, Massachusetts Senior Action Council, John Simmons, Lorraine Simpson (Schwartz, Steven) (Entered: 10/18/2022)

Oct. 18, 2022

Oct. 18, 2022

PACER
11

NOTICE of Appearance by Jennifer H. Kaplan on behalf of Richard Caouette, Carole Chojnacki, Sherri Curran, Donald Grant, David Marsters, Massachusetts Senior Action Council, John Simmons, Lorraine Simpson (Kaplan, Jennifer) (Entered: 10/19/2022)

Oct. 19, 2022

Oct. 19, 2022

PACER
12

NOTICE of Appearance by Mark Murphy on behalf of Richard Caouette, Carole Chojnacki, Sherri Curran, Donald Grant, David Marsters, Massachusetts Senior Action Council, John Simmons, Lorraine Simpson (Murphy, Mark) (Entered: 10/19/2022)

Oct. 19, 2022

Oct. 19, 2022

PACER
13

SUMMONS Returned Executed Amanda Cassel Kraft served on 10/13/2022, answer due 11/3/2022. (London, Andrew) (Entered: 10/27/2022)

Oct. 27, 2022

Oct. 27, 2022

PACER
14

SUMMONS Returned Executed Elizabeth Chen served on 10/13/2022, answer due 11/3/2022. (London, Andrew) (Entered: 10/27/2022)

Oct. 27, 2022

Oct. 27, 2022

PACER
15

SUMMONS Returned Executed Charles D. Baker served on 10/14/2022, answer due 11/4/2022. (London, Andrew) (Entered: 10/27/2022)

Oct. 27, 2022

Oct. 27, 2022

PACER
16

SUMMONS Returned Executed Michael J. Heffernan served on 10/18/2022, answer due 11/8/2022. (London, Andrew) (Entered: 10/27/2022)

Oct. 27, 2022

Oct. 27, 2022

PACER
17

MOTION for Leave to Appear Pro Hac Vice for admission of Regan Bailey Filing fee: $ 100, receipt number AMADC-9563600 by Richard Caouette, Carole Chojnacki, Sherri Curran, Donald Grant, David Marsters, Massachusetts Senior Action Council, John Simmons, Lorraine Simpson. (Attachments: # 1 Exhibit Certification of Regan Bailey)(London, Andrew) (Entered: 10/28/2022)

Oct. 28, 2022

Oct. 28, 2022

PACER
18

NOTICE of Appearance by Jennifer E. Greaney on behalf of Charles D. Baker, Amanda Cassel Kraft, Elizabeth Chen, Michael J. Heffernan, Marylou Sudders (Greaney, Jennifer) (Entered: 10/30/2022)

Oct. 30, 2022

Oct. 30, 2022

PACER
19

NOTICE of Appearance by Jeremy W. Meisinger on behalf of Richard Caouette, Carole Chojnacki, Sherri Curran, Donald Grant, David Marsters, Massachusetts Senior Action Council, John Simmons, Lorraine Simpson (Meisinger, Jeremy) (Entered: 10/31/2022)

Oct. 31, 2022

Oct. 31, 2022

PACER
20

NOTICE of Appearance by Christine Fimognari on behalf of Charles D. Baker, Amanda Cassel Kraft, Elizabeth Chen, Michael J. Heffernan, Marylou Sudders (Fimognari, Christine) (Entered: 10/31/2022)

Oct. 31, 2022

Oct. 31, 2022

PACER
21

NOTICE of Appearance by Grace Gohlke on behalf of Charles D. Baker, Amanda Cassel Kraft, Elizabeth Chen, Michael J. Heffernan, Marylou Sudders (Gohlke, Grace) (Entered: 10/31/2022)

Oct. 31, 2022

Oct. 31, 2022

PACER
22

SUMMONS Returned Executed Marylou Sudders served on 10/13/2022, answer due 11/3/2022. (London, Andrew) (Entered: 11/02/2022)

Nov. 2, 2022

Nov. 2, 2022

PACER
23

NOTICE of Appearance by Elizabeth E. Crimmins on behalf of David Marsters (Crimmins, Elizabeth) (Entered: 11/02/2022)

Nov. 2, 2022

Nov. 2, 2022

PACER
24

NOTICE of Appearance by Elizabeth E. Crimmins on behalf of Richard Caouette, Carole Chojnacki, Sherri Curran, Donald Grant, David Marsters, Massachusetts Senior Action Council, John Simmons, Lorraine Simpson (Crimmins, Elizabeth) (Entered: 11/02/2022)

Nov. 2, 2022

Nov. 2, 2022

PACER
25

Judge Patti B. Saris: ELECTRONIC ORDER entered granting 17 Motion for Leave to Appear Pro Hac Vice Added Regan Bailey. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at https://pacer.uscourts.gov/register-account. You must put the docket number on your form when registering or it will be rejected.Pro Hac Vice Admission Request Instructions https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by the newly admitted attorney. (Geraldino-Karasek, Clarilde) (Entered: 11/02/2022)

Nov. 2, 2022

Nov. 2, 2022

PACER
26

NOTICE of Appearance by Deborah L. Filler on behalf of Richard Caouette, Carole Chojnacki, Sherri Curran, Donald Grant, David Marsters, Massachusetts Senior Action Council, John Simmons, Lorraine Simpson (Filler, Deborah) (Entered: 11/02/2022)

Nov. 2, 2022

Nov. 2, 2022

PACER

Order on Motion for Leave to Appear

Nov. 2, 2022

Nov. 2, 2022

PACER
27

Joint MOTION for Extension of Time to December 16, 2022 to File Answer and to Set Briefing Schedule in the Event of a Motion to Dismiss by Charles D. Baker, Amanda Cassel Kraft, Elizabeth Chen, Michael J. Heffernan, Marylou Sudders.(Gohlke, Grace) (Entered: 11/03/2022)

Nov. 3, 2022

Nov. 3, 2022

PACER
28

NOTICE of Appearance by Dean Richlin on behalf of Richard Caouette, Carole Chojnacki, Sherri Curran, Donald Grant, David Marsters, Massachusetts Senior Action Council, John Simmons, Lorraine Simpson (Richlin, Dean) (Entered: 11/04/2022)

Nov. 4, 2022

Nov. 4, 2022

PACER
29

Judge Patti B. Saris: ELECTRONIC ORDER entered ALLOWED re 27 Joint Motion for Extension of Time to File Answer and to Set Briefing Schedule in the Event of a Motion to Dismiss Answer and Briefing Schedule due by 12/16/2022. (Geraldino-Karasek, Clarilde) (Entered: 11/04/2022)

Nov. 4, 2022

Nov. 4, 2022

PACER

Order on Motion for Extension of Time to Answer

Nov. 4, 2022

Nov. 4, 2022

PACER
30

NOTICE of Appearance by Regan Bailey on behalf of Richard Caouette, Carole Chojnacki, Sherri Curran, Donald Grant, David Marsters, Massachusetts Senior Action Council, John Simmons, Lorraine Simpson (Bailey, Regan) (Entered: 11/07/2022)

Nov. 7, 2022

Nov. 7, 2022

PACER
31

NOTICE of Appearance by Eric Matthew Carlson on behalf of Richard Caouette, Carole Chojnacki, Sherri Curran, Donald Grant, David Marsters, Massachusetts Senior Action Council, John Simmons, Lorraine Simpson (Carlson, Eric) (Entered: 11/09/2022)

Nov. 9, 2022

Nov. 9, 2022

PACER
32

MOTION for Discovery by Richard Caouette, Carole Chojnacki, Sherri Curran, Donald Grant, David Marsters, Massachusetts Senior Action Council, John Simmons, Lorraine Simpson. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Schwartz, Steven) (Entered: 12/01/2022)

Dec. 1, 2022

Dec. 1, 2022

PACER
33

MEMORANDUM in Support re 32 MOTION for Discovery filed by Richard Caouette, Carole Chojnacki, Sherri Curran, Donald Grant, David Marsters, Massachusetts Senior Action Council, John Simmons, Lorraine Simpson. (Schwartz, Steven) (Entered: 12/01/2022)

Dec. 1, 2022

Dec. 1, 2022

PACER
34

MOTION for Extension of Time to January 16, 2023 to Respond to Complaint (Unopposed) by Charles D. Baker, Amanda Cassel Kraft, Elizabeth Chen, Michael J. Heffernan, Marylou Sudders.(Greaney, Jennifer) (Entered: 12/12/2022)

Dec. 12, 2022

Dec. 12, 2022

PACER
35

Judge Patti B. Saris: ELECTRONIC ORDER entered ALLOWED re 34 Motion for Extension of Time to Respond to Complaint (Unopposed). ANSWER DUE BY January 16, 2023. (Geraldino-Karasek, Clarilde) (Entered: 12/13/2022)

Dec. 13, 2022

Dec. 13, 2022

PACER

Order on Motion for Extension of Time

Dec. 13, 2022

Dec. 13, 2022

PACER
36

MEMORANDUM in Opposition re 32 MOTION for Discovery filed by Charles D. Baker, Amanda Cassel Kraft, Elizabeth Chen, Michael J. Heffernan, Marylou Sudders. (Greaney, Jennifer) (Entered: 12/15/2022)

Dec. 15, 2022

Dec. 15, 2022

Clearinghouse
37

ELECTRONIC NOTICE of STATUS Hearing.This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: https://forms.mad.uscourts.gov/courtlist.html. For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on www.mad.uscourts.gov or contact media@mad.uscourts.gov. Status Conference set for 1/6/2023 11:30 AM BY VIDEO before Judge Patti B. Saris. (Molloy, Maryellen) (Entered: 12/27/2022)

Dec. 27, 2022

Dec. 27, 2022

PACER

Notice of Hearing

Dec. 27, 2022

Dec. 27, 2022

PACER
38

Electronic Clerk's Notes for proceedings held before Judge Patti B. Saris: Status Conference held on 1/6/2023 by VideoORDERED:Response due by 1/27/2023Hearing scheduled for 2/8/2023 at 4:15 by Video(Atty London, Schwarts, Greaney, Fimognari, Gohike) (Court Reporter: Lee Marzilli at leemarz@aol.com.) (Entered: 01/09/2023)

Jan. 6, 2023

Jan. 6, 2023

PACER
39

ELECTRONIC NOTICE SETTING HEARING BY VIDEO on 32 MOTION for Discovery : MOTION HEARING SET FOR 2/8/2023 04:15 PM BY VIDEO before Judge Patti B. Saris. This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: https://forms.mad.uscourts.gov/courtlist.html. For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on www.mad.uscourts.gov or contact media@mad.uscourts.gov. (Geraldino-Karasek, Clarilde) (Entered: 01/09/2023)

Jan. 9, 2023

Jan. 9, 2023

PACER

Status Conference

Jan. 9, 2023

Jan. 9, 2023

PACER

Notice Setting or Resetting Hearing on Motion

Jan. 9, 2023

Jan. 9, 2023

PACER
40

ANSWER to 1 Complaint, by Charles D. Baker, Amanda Cassel Kraft, Elizabeth Chen, Michael J. Heffernan, Marylou Sudders.(Greaney, Jennifer) (Entered: 01/16/2023)

Jan. 16, 2023

Jan. 16, 2023

PACER
41

NOTICE of Appearance by Kristyn DeFilipp on behalf of Richard Caouette, Carole Chojnacki, Sherri Curran, Donald Grant, David Marsters, Massachusetts Senior Action Council, John Simmons, Lorraine Simpson (DeFilipp, Kristyn) (Entered: 01/17/2023)

Jan. 17, 2023

Jan. 17, 2023

PACER
42

Joint MOTION for Protective Order by Richard Caouette, Carole Chojnacki, Sherri Curran, Donald Grant, David Marsters, Massachusetts Senior Action Council, John Simmons, Lorraine Simpson. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2A, # 3 Exhibit 2B, # 4 Exhibit 3, # 5 Exhibit 4)(London, Andrew) (Entered: 01/27/2023)

Jan. 27, 2023

Jan. 27, 2023

PACER
43

MEMORANDUM in Support re 42 Joint MOTION for Protective Order filed by Richard Caouette, Carole Chojnacki, Sherri Curran, Donald Grant, David Marsters, Massachusetts Senior Action Council, John Simmons, Lorraine Simpson. (Attachments: # 1 Appendix 1)(London, Andrew) (Entered: 01/27/2023)

Jan. 27, 2023

Jan. 27, 2023

PACER
44

MEMORANDUM in Support re 42 Joint MOTION for Protective Order filed by Charles D. Baker, Amanda Cassel Kraft, Elizabeth Chen, Michael J. Heffernan, Marylou Sudders. (Greaney, Jennifer) (Entered: 01/27/2023)

Jan. 27, 2023

Jan. 27, 2023

PACER
45

ELECTRONIC NOTICE issued requesting courtesy copy for 44 Memorandum in Support of Motion, 43 Memorandum in Support of Motion, 42 Joint MOTION for Protective Order . Counsel who filed this document are requested to submit a courtesy copy of this document (or documents) to the Clerk's Office by 2/10/2023. These documents must be clearly marked as a Courtesy Copy and reflect the document number assigned by CM/ECF and exhibits must be tabbed. (Geraldino-Karasek, Clarilde) (Entered: 01/30/2023)

Jan. 30, 2023

Jan. 30, 2023

PACER

Notice requesting courtesy copy

Jan. 30, 2023

Jan. 30, 2023

PACER
46

ELECTRONIC NOTICE Canceling Motion hearing (by video) set for 2/8/2023 at 4:15pm before Judge Saris. Hearing is canceled until further notice - notice RESETTING hearing to a later date to follow. (Molloy, Maryellen) (Entered: 02/03/2023)

Feb. 3, 2023

Feb. 3, 2023

PACER
47

ELECTRONIC NOTICE CANCELING MOTION HEARING SET FOR 2/8/2023 04:15 PM BY VIDEO before Judge Patti B. Saris. A new date will be announced by the Court. (Geraldino-Karasek, Clarilde) (Entered: 02/03/2023)

Feb. 3, 2023

Feb. 3, 2023

PACER

Notice Cancelling Hearing

Feb. 3, 2023

Feb. 3, 2023

PACER
48

Judge Patti B. Saris: ELECTRONIC ORDER entered. REFERRING CASE to Magistrate Judge Jennifer C. Boal - Referred for: Motion referred: 42 Joint MOTION for Protective Order . (Geraldino-Karasek, Clarilde) Motion referred to Jennifer C. Boal. (Entered: 02/06/2023)

Feb. 6, 2023

Feb. 6, 2023

PACER

Order Referring Case to Magistrate Judge

Feb. 6, 2023

Feb. 6, 2023

PACER
49

ELECTRONIC NOTICE RESETTING HEARING ON 32 MOTION for Discovery : MOTION HEARING RESET FROM 2/8/2023 TO 3/16/2023 02:30 PM BY VIDEO before Judge Patti B. Saris. This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the courtroom deputy of the session as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: https://forms.mad.uscourts.gov/courtlist.html.For questions regarding access to hearings, you may refer to the general orders and public notices of the Court available on www.mad.uscourts.gov or contact media@mad.uscourts.gov.(Geraldino-Karasek, Clarilde) (Entered: 02/08/2023)

Feb. 8, 2023

Feb. 8, 2023

PACER

Notice Setting or Resetting Hearing on Motion

Feb. 8, 2023

Feb. 8, 2023

PACER
50

Assented to MOTION to Reschedule Hearing re 32 MOTION for Discovery by Richard Caouette, Carole Chojnacki, Sherri Curran, Donald Grant, David Marsters, Massachusetts Senior Action Council, John Simmons, Lorraine Simpson.(London, Andrew) (Entered: 02/14/2023)

Feb. 14, 2023

Feb. 14, 2023

PACER
52

Judge Patti B. Saris: ENDORSED ORDER entered ALLOWED re 50 Motion Assented to MOTION to Reschedule Hearing re 32 MOTION for Discovery. A new will be announced by the Court. (Geraldino-Karasek, Clarilde) (Entered: 02/17/2023)

Feb. 16, 2023

Feb. 16, 2023

PACER
51

ELECTRONIC NOTICE Setting Hearing on Motion re 42 Joint MOTION for Protective Order. A Motion Hearing is set for March 6, 2023 at 11:30 a.m. by remote proceeding before before Magistrate Judge Jennifer C. Boal. This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the courtroom deputy of the session as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: https://forms.mad.uscourts.gov/courtlist.html.For questions regarding access to hearings, you may refer to the general orders and public notices of the Court available on www.mad.uscourts.gov or contact media@mad.uscourts.gov. (York, Steve) (Entered: 02/17/2023)

Feb. 17, 2023

Feb. 17, 2023

PACER

Notice Setting or Resetting Hearing on Motion

Feb. 17, 2023

Feb. 17, 2023

PACER
53

ELECTRONIC NOTICE RESETTING HEARING BY VIDEO ON 32 MOTION for Discovery : MOTION HEARING RESET FROM 3/16/2023 TO 3/8/2023 04:00 PM BY VIDEO before Judge Patti B. Saris. This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the courtroom deputy of the session as soon as possible. Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: https://forms.mad.uscourts.gov/courtlist.html. For questions regarding access to hearings, you may refer to the general orders and public notices of the Court available on www.mad.uscourts.gov or contact media@mad.uscourts.gov. (Geraldino-Karasek, Clarilde) Modified on 2/21/2023 TO RESET ***TIME ONLY ***. HEARING ON MOTION FOR DISCOVERY RESET TO 3/8/2023 AT 4:00 PM BY VIDEO. (Geraldino-Karasek, Clarilde). (Entered: 02/21/2023)

Feb. 21, 2023

Feb. 21, 2023

PACER
54

ELECTRONIC NOTICE RESETTING HEARING BY VIDEO ON 32 MOTION for Discovery : MOTION HEARING RESET FROM 3/8/2023 TO 3/6/2023 02:00 PM BY VIDEO before Judge Patti B. Saris.This hearing will be conducted by video conference. Counsel of record will receive a NEW VIDEO CONFERENCE INVITE at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the courtroom deputy of the session as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: https://forms.mad.uscourts.gov/courtlist.html.For questions regarding access to hearings, you may refer to the general orders and public notices of the Court available on www.mad.uscourts.gov or contact media@mad.uscourts.gov.(Geraldino-Karasek, Clarilde) (Entered: 03/01/2023)

March 1, 2023

March 1, 2023

PACER

Notice Setting or Resetting Hearing on Motion

March 1, 2023

March 1, 2023

PACER
55

Electronic Clerk's Notes for proceedings held before Judge Patti B. Saris: Hearing on scheduling issues/ and [#32] Motion for Discovery - hearing held on 3/6/2023 by Video.ORDERED: DISCOVERY STARTS TODAY 3/6/2023SCHEDULING CONFERENCE SET FOR 4/3/2023 AT 2:30 PM by video(Atty Greaney, Atty Schwartz)(Court Reporter: Lee Marzilli at leemarz@aol.com.) (Molloy, Maryellen) (Entered: 03/06/2023)

March 6, 2023

March 6, 2023

PACER

Motion Hearing

March 6, 2023

March 6, 2023

PACER

Scheduling Conference

March 6, 2023

March 6, 2023

PACER
56

NOTICE of Scheduling ConferenceThis hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the courtroom deputy of the session as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: https://forms.mad.uscourts.gov/courtlist.html.For questions regarding access to hearings, you may refer to the general orders and public notices of the Court available on www.mad.uscourts.gov or contact media@mad.uscourts.gov. Scheduling Conference set for 4/3/2023 02:30 PM BY VIDEO before Judge Patti B. Saris. (Molloy, Maryellen) (Entered: 03/06/2023)

March 6, 2023

March 6, 2023

PACER
57

Electronic Clerk's Notes for proceedings held before Magistrate Judge Jennifer C. Boal: Motion Hearing held on 3/6/2023 re 42 Joint Motion for Protective Order filed by John Simmons, David Marsters, Donald Grant, Lorraine Simpson, Carole Chojnacki, Sherri Curran, Richard Caouette, Massachusetts Senior Action Council. The Court heard arguments from the parties and took the matter under advisement. (Court Reporter: Digital Recording.) To order a copy of this Digital Recording, please go to https://forms.mad.uscourts.gov/Audio.html . For a transcript of this proceeding, contact the Clerk's office by email at mad_transcripts@mad.uscourts.gov.(Attorneys present: Meisinger & Murphy for the plaintiffs; Greaney, Fimognari & Gohlke for the defendants.) (York, Steve) (Entered: 03/06/2023)

March 6, 2023

March 6, 2023

PACER
59

Judge Patti B. Saris: ENDORSED ORDER entered re 32 Motion for Discovery. " DENIED. However, discovery shall start forthwith subject to the Local Rules. As requested by Counsel the Rule 16 Scheduling Conference shall take place on 4/3/2023." (Geraldino-Karasek, Clarilde) (Entered: 03/07/2023)

March 6, 2023

March 6, 2023

RECAP
58

Magistrate Judge Jennifer C. Boal: ORDER entered granting in part and denying in part 42 Joint Motion for Protective Order. (York, Steve) (Entered: 03/07/2023)

March 7, 2023

March 7, 2023

Clearinghouse
60

STIPULATION Regarding Protective Order by Charles D. Baker, Amanda Cassel Kraft, Elizabeth Chen, Michael J. Heffernan, Marylou Sudders. (Attachments: # 1 Exhibit A - Protective Order)(Greaney, Jennifer) (Entered: 03/09/2023)

March 9, 2023

March 9, 2023

PACER
61

Magistrate Judge Jennifer C. Boal: ORDER entered. PROTECTIVE ORDER. (York, Steve) (Entered: 03/16/2023)

March 16, 2023

March 16, 2023

Clearinghouse
62

JOINT SUBMISSION pursuant to Local Rule 16.1 by Richard Caouette, Carole Chojnacki, Sherri Curran, Donald Grant, David Marsters, Massachusetts Senior Action Council, John Simmons, Lorraine Simpson. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D-1, # 5 Exhibit D-2, # 6 Exhibit D-3, # 7 Exhibit D-4, # 8 Exhibit D-5, # 9 Exhibit D-6, # 10 Exhibit D-7, # 11 Exhibit D-8, # 12 Exhibit E)(Meisinger, Jeremy) (Entered: 03/27/2023)

March 27, 2023

March 27, 2023

PACER
63

ELECTRONIC NOTICE issued requesting courtesy copy for 62 Joint submission. Counsel who filed this document are requested to submit a courtesy copy of this document to the Clerk's Office by 4/3/2023. These documents must be clearly marked as a Courtesy Copy and reflect the document number assigned by CM/ECF and exhibits tabbed. (Geraldino-Karasek, Clarilde) (Entered: 03/28/2023)

March 28, 2023

March 28, 2023

PACER

Notice requesting courtesy copy

March 28, 2023

March 28, 2023

PACER
64

CERTIFICATION pursuant to Local Rule 16.1 . (Greaney, Jennifer) (Entered: 03/28/2023)

March 28, 2023

March 28, 2023

PACER
65

MOTION to Withdraw as Attorney by Richard Caouette, Carole Chojnacki, Sherri Curran, Donald Grant, David Marsters, Massachusetts Senior Action Council, John Simmons, Lorraine Simpson.(Schwartz, Steven) (Entered: 04/03/2023)

April 3, 2023

April 3, 2023

PACER
66

Electronic Clerk's Notes for proceedings held before Judge Patti B. Saris: Scheduling Conference held on 4/3/2023 by VideoParties shall submit an Amended Joint Statement on or before 4/21/2023(Atty present: Atty Schwartz, Atty Greaney)(Court Reporter: Lee Marzilli at leemarz@aol.com.) (Entered: 04/04/2023)

April 3, 2023

April 3, 2023

PACER

Scheduling Conference

April 4, 2023

April 4, 2023

PACER
67

NOTICE of Withdrawal of Appearance by Elizabeth E. Crimmins (Crimmins, Elizabeth) (Entered: 04/05/2023)

April 5, 2023

April 5, 2023

PACER
68

Judge Patti B. Saris: ELECTRONIC ORDER entered granting 65 Motion to Withdraw as Attorney. Attorney Tasheena M. Davis terminated.(Geraldino-Karasek, Clarilde) (Entered: 04/06/2023)

April 6, 2023

April 6, 2023

PACER

Order on Motion to Withdraw as Attorney

April 6, 2023

April 6, 2023

PACER
69

Assented to MOTION for Leave to File Excess Pages by Richard Caouette, Carole Chojnacki, Sherri Curran, Donald Grant, David Marsters, Massachusetts Senior Action Council, John Simmons, Lorraine Simpson.(Schwartz, Steven) (Entered: 04/18/2023)

April 18, 2023

April 18, 2023

PACER
70

MOTION to Certify Class by Richard Caouette, Carole Chojnacki, Sherri Curran, Donald Grant, David Marsters, Massachusetts Senior Action Council, John Simmons, Lorraine Simpson. (Attachments: # 1 Exhibit 1 - Initial Affidavit of Karen Detmers, # 2 Exhibit 2 - Initial Affidavit of Randall Webster, # 3 Exhibit 3 - Initial Affidavit of Barbara Pilarcik, R.N.)(London, Andrew) (Entered: 04/19/2023)

April 19, 2023

April 19, 2023

PACER
71

MEMORANDUM in Support re 70 MOTION to Certify Class filed by Richard Caouette, Carole Chojnacki, Sherri Curran, Donald Grant, David Marsters, Massachusetts Senior Action Council, John Simmons, Lorraine Simpson. (Attachments: # 1 Attachment A - List of Selected ADA Class Action Cases, # 2 Attachment B - List of Selected Institutional Placement Class Actions)(London, Andrew) (Entered: 04/19/2023)

April 19, 2023

April 19, 2023

PACER
72

JOINT Supplemental Report Pursuant to Local Rule 16.1(d) by Richard Caouette, Carole Chojnacki, Sherri Curran, Donald Grant, David Marsters, Massachusetts Senior Action Council, John Simmons, Lorraine Simpson. (Schwartz, Steven) Modified docket text on 4/26/2023 (Geraldino-Karasek, Clarilde). (Entered: 04/21/2023)

April 21, 2023

April 21, 2023

PACER
73

ELECTRONIC NOTICE issued requesting courtesy copy for 71 Memorandum in Support of Motion, 70 MOTION to Certify Class . Counsel who filed this document are requested to submit a courtesy copy of these documents) to the Clerk's Office by 5/2/2023. These documents must be bounded, clearly marked as a Courtesy Copy, reflect the document number assigned by CM/ECF and exhibits must be tabbed. (Geraldino-Karasek, Clarilde) (Entered: 04/26/2023)

April 26, 2023

April 26, 2023

PACER

Notice requesting courtesy copy

April 26, 2023

April 26, 2023

PACER
74

Judge Patti B. Saris: ENDORSED ORDER entered re 69 Motion for Leave to File Excess Pages. "Denied. I allow 30 pages." (Geraldino-Karasek, Clarilde) (Entered: 04/28/2023)

April 28, 2023

April 28, 2023

PACER
75

Case no longer referred to Magistrate Judge Jennifer C. Boal. (York, Steve) (Entered: 05/01/2023)

May 1, 2023

May 1, 2023

PACER
76

Amended MEMORANDUM in Support re 70 MOTION to Certify Class filed by Richard Caouette, Carole Chojnacki, Sherri Curran, Donald Grant, David Marsters, Massachusetts Senior Action Council, John Simmons, Lorraine Simpson. (Attachments: # 1 Attachment A - List of Selected ADA Class Action Cases, # 2 Attachment B - List of Selected Institutional Placement Class Actions)(London, Andrew) (Entered: 05/03/2023)

May 3, 2023

May 3, 2023

PACER
77

Judge Patti B. Saris: PRE-TRIAL SCHEDULING ORDER re 72 JOINT Supplemental Report Pursuant to Local Rule 16.1(d)- APPROVED.SET DEADLINES AS TO : MOTION to Certify Class : Response due by 6/30/2023; Replies due by 7/28/2023; Sur-replies due by 9/15/2023. Joinder of Parties due by 6/5/2023; Amended Pleadings due by 6/5/2023; Fact Discovery to be completed by 10/2/2024; Dispositive Motions due by 4/23/2025; Oppositions due by 5/30/2025; Replies due by 6/24/2025. (Geraldino-Karasek, Clarilde) (Entered: 05/11/2023)

May 3, 2023

May 3, 2023

PACER
78

MOTION to Strike Attachments A & B to Memorandum in Support of Motion to Certify Class by Charles D. Baker, Amanda Cassel Kraft, Elizabeth Chen, Michael J. Heffernan, Marylou Sudders.(Greaney, Jennifer) (Entered: 05/25/2023)

May 25, 2023

May 25, 2023

PACER
79

STIPULATION Regarding Discovery by Richard Caouette, Carole Chojnacki, Sherri Curran, Donald Grant, David Marsters, Massachusetts Senior Action Council, John Simmons, Lorraine Simpson. (Attachments: # 1 Attachment A, # 2 Attachment B)(London, Andrew) (Entered: 05/26/2023)

May 26, 2023

May 26, 2023

PACER
80

Opposition re 78 MOTION to Strike Attachments A & B to Memorandum in Support of Motion to Certify Class filed by Richard Caouette, Carole Chojnacki, Sherri Curran, Donald Grant, David Marsters, Massachusetts Senior Action Council, John Simmons, Lorraine Simpson. (Schwartz, Steven) (Entered: 06/01/2023)

June 1, 2023

June 1, 2023

PACER

Case Details

State / Territory: Massachusetts

Case Type(s):

Disability Rights

Nursing Home Conditions

Public Benefits/Government Services

Key Dates

Filing Date: Oct. 11, 2022

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Six individuals with disabilities residing in nursing facilities in Massachusetts filed this putative class action lawsuit. The putative class is comprised of Medicaid-eligible individuals with physical disabilities who reside in nursing facilities, but could live in an integrated community setting with appropriate residential supports and services. The subclass covers Medicaid-eligible individuals with serious mental illness who have already been admitted to nursing facilities, and those who have to be screened prior to admission.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

Governor of Massachusetts, State

Executive Office of Health and Human Services, State

Executive Office of Administration and Finance, State

Executive Office of Elder Affairs, State

MassHealth, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

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

Nursing Care Reform Act of 1987/ Omnibus Reconciliation Act

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

Medicaid, 42 U.S.C §1396 (Title XIX of the Social Security Act)

Ex parte Young (federal or state officials)

Available Documents:

Trial Court Docket

Complaint (any)

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

Amount Defendant Pays: $1,800,000.00

Issues

General/Misc.:

Classification / placement

Government services

Neglect by staff

Public benefits (includes, e.g., in-state tuition, govt. jobs)

Reassessment and care planning

Recreation / Exercise

Religious programs / policies

Staff (number, training, qualifications, wages)

Benefits (Source):

Medicaid

Disability and Disability Rights:

Autism

Depression

Developmental disability without intellectual disability

disability, unspecified

Integrated setting

Mental Illness, Unspecified

Mental impairment

Mobility impairment

Multiple sclerosis

Discrimination Basis:

Disability (inc. reasonable accommodations)

Jails, Prisons, Detention Centers, and Other Institutions:

Visiting

Medical/Mental Health Care:

Dementia

HIV/AIDS

Medical care, general

Medical care, unspecified

Mental health care, general

Mental health care, unspecified