Case: Travis D. v. Eastmont Human Services Center

6:96-cv-00063 | U.S. District Court for the District of Montana

Filed Date: Aug. 23, 1996

Closed Date: 2004

Clearinghouse coding complete

Case Summary

On August 23, 1996, attorneys for the Montana Advocacy Program and the Public Interest Law Center of Philadelphia filed a class action lawsuit in U.S. District Court for the District of Montana, challenging the conditions of treatment of Montanans with developmental disabilities who were being involuntarily confined in state institutions. Plaintiffs' complaint alleged violations of the Americans with 26 Disabilities Act, 42 U.S.C. §12101 et. seq.; Title XIX of the Social Security Act, 28 U.S.C…

On August 23, 1996, attorneys for the Montana Advocacy Program and the Public Interest Law Center of Philadelphia filed a class action lawsuit in U.S. District Court for the District of Montana, challenging the conditions of treatment of Montanans with developmental disabilities who were being involuntarily confined in state institutions. Plaintiffs' complaint alleged violations of the Americans with 26 Disabilities Act, 42 U.S.C. §12101 et. seq.; Title XIX of the Social Security Act, 28 U.S.C. §1396 et. seq.; 42 U.S.C. §1983; and the Fourteenth Amendment to the United States Constitution. Plaintiffs specifically alleged that officials of Montana unnecessarily segregated people with developmental disabilities in state institutions (Montana Developmental Center, Eastmont Human Service Center, Montana State Hospital and Montana Mental Health Nursing Care Center), instead of providing effective, family-sized residential and other services in the community. Plaintiffs sought declaratory and injunctive relief.

Our information about the procedural history of the case is limited to the PACER docket. According to the docket, discovery followed the filing of the action.

On December 21, 1998, the District Court (Judge Charles C. Lovell) ordered that all proceedings be stayed pending the United States Supreme Court's ruling in Olmstead vs. L.C. Cause No. 98-536. The parties subsequently briefed the impact of that decision on the case.

The defendants filed motions to dismiss and for summary judgment. On August 29, 2001, all pending motions were denied as moot as plaintiffs filed an amended complaint.

Judge Charles C. Lovell recused himself from all further proceedings on September 9, 2002. The case was reassigned to Judge Donald W. Molloy.

On November 18, 2002, Judge Molloy granted plaintiffs' motion for class certification, defining the class as consisting of "all those individuals with developmental disabilities who are presently, have been or will be residents of the Montana Developmental Center or Eastmont Human Services Center at any time during the period beginning August 23, 1996 and ending on the date of final adjudication of this matter." Defendants' motions to dismiss were denied.

In July 2003, Judge Donald W. Molloy Case referred the case to Judge Carolyn S. Ostby for consideration of plaintiffs' request for a preliminary injunction and for other pre-trial proceedings.

On September 30, 2003 Judge Ostby denied plaintiffs' motion for preliminary injunction and denied the parties' cross-motions for summary judgment. Thereafter, Judge Ostby ordered the parties to participate in mediation.

Following a mediation conference in January, 2004, the parties settled the case. Judge Ostby preliminarily approved the settlement on February 5, 2004 and after a fairness hearing, issued an order approving the settlement and dismissing the case. On June 21, 2004, the Court issued an Amended Judgment, adopting the terms of Class Action Settlement Agreement as an order of Court and retaining jurisdiction over the case for the limited purpose of enforcing the terms of the settlement.

We have no further information on the matter.

Summary Authors

Dan Dalton (4/17/2007)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/10451193/parties/travis-d-v-eastmont-human-svc/


Judge(s)

Ostby, Carolyn S. (Montana)

Attorneys(s) for Plaintiff

Burnim, Ira Abraham (District of Columbia)

Deola, Linda J. (Montana)

Freed, Alan Jr. (Montana)

Gallagher, Mary (Montana)

Gilhool, Thomas K. (Pennsylvania)

Gran, Judith A. (Pennsylvania)

Larose, Andree (Montana)

Smith, Allen Jr. (Montana)

Attorneys(s) for Defendant

Cater, Russell E. (Montana)

Judge(s)

Ostby, Carolyn S. (Montana)

Attorneys(s) for Plaintiff

Burnim, Ira Abraham (District of Columbia)

Deola, Linda J. (Montana)

Freed, Alan Jr. (Montana)

Gallagher, Mary (Montana)

Gilhool, Thomas K. (Pennsylvania)

Gran, Judith A. (Pennsylvania)

Larose, Andree (Montana)

Smith, Allen Jr. (Montana)

Attorneys(s) for Defendant

Cater, Russell E. (Montana)

Johnson, Paul D. (Montana)

Kradolfer, Kimberly A. (Montana)

Lund, Cary B. (Montana)

Orr, Katherine J. (Montana)

Seifert, Joseph (Montana)

Documents in the Clearinghouse

Document

6:96-cv-00063

Docket (PACER)

July 1, 2004

July 1, 2004

Docket
1

6:96-cv-00063

Complaint

Aug. 23, 1996

Aug. 23, 1996

Complaint

6:96-cv-00063

Correspondence

Jan. 23, 1997

Jan. 23, 1997

Correspondence

6:96-cv-00063

Fact Sheet

None

None

Other

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/10451193/travis-d-v-eastmont-human-svc/

Last updated Aug. 11, 2022, 2:59 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT - 9 Original Summons issued, hn'd to cnsl (GAR) (Entered: 08/26/1996)

Aug. 23, 1996

Aug. 23, 1996

Clearinghouse
2

RETURN OF SERVICE EXECUTED upon defendant Jennifer Pryor, Supt Mont Develop Center on 8/29/96 (DMZ) Modified on 11/08/1996 (Entered: 09/09/1996)

Sept. 4, 1996

Sept. 4, 1996

PACER
3

RETURN OF SERVICE EXECUTED upon defendant Joe Matthews on 8/26/96 (DMZ) (Entered: 09/25/1996)

Sept. 12, 1996

Sept. 12, 1996

PACER
4

RETURN OF SERVICE EXECUTED upon defendant Peter Blouke on 8/26/96 (DMZ) (Entered: 09/25/1996)

Sept. 12, 1996

Sept. 12, 1996

PACER
5

RETURN OF SERVICE EXECUTED upon defendant Robert - Anderson on 8/26/96 (DMZ) (Entered: 09/25/1996)

Sept. 12, 1996

Sept. 12, 1996

PACER
6

RETURN OF SERVICE EXECUTED upon defendant Dan Anderson on 8/26/96 (DMZ) (Entered: 09/25/1996)

Sept. 12, 1996

Sept. 12, 1996

PACER
7

MOTION by defendant Eastmont Human Svc, Mont Develop Center, Peter Blouke, Robert - Anderson, Joe Matthews, Dan Anderson, Jennifer Pryor, Sylvia Hammer, Carl Keener, Ron Balas, State of Montana to dismiss complaint (DMZ) (Entered: 09/25/1996)

Sept. 13, 1996

Sept. 13, 1996

PACER
8

RETURN OF SERVICE EXECUTED upon defendant State of Montana on 8/26/96 (DMZ) (Entered: 09/25/1996)

Sept. 24, 1996

Sept. 24, 1996

PACER
9

RETURN OF SERVICE EXECUTED upon defendant Sylvia Hammer, supt Eastmont Human Svc on 8/27/96 (DMZ) Modified on 11/08/1996 (Entered: 09/25/1996)

Sept. 24, 1996

Sept. 24, 1996

PACER
10

RETURN OF SERVICE EXECUTED upon defendant Ron Balas, director, Mt Mental Health Nursing Care Center on 9/3/96 (DMZ) Modified on 11/08/1996 (Entered: 09/25/1996)

Sept. 24, 1996

Sept. 24, 1996

PACER

ATTORNEY APPEARANCE for plaintiff Travis D., Allen K., Virginia L., Isidor S., Kimberly B., Corie B., Tiffany M., Lyle H., Judy M., Alvin W. by Thomas K. Gilhool, Judith A. Gran (DMZ)

Sept. 24, 1996

Sept. 24, 1996

PACER
11

RESPONSE by plaintiff to motion to dismiss complaint [7-1] (DMZ) (Entered: 09/25/1996)

Sept. 25, 1996

Sept. 25, 1996

PACER
12

RETURN OF SERVICE EXECUTED upon defendant Carl Keener on 9/24/96 (DMZ) (Entered: 10/07/1996)

Oct. 1, 1996

Oct. 1, 1996

PACER
13

MOTION by defendant to extend time to file answer (DMZ) (Entered: 10/07/1996)

Oct. 2, 1996

Oct. 2, 1996

PACER
14

ORDER by Judge Charles C. Lovell granting motion to extend time to file answer [13-1] defts to have until 10/25/96 (cc: Mt Advocacy, Orr, cCL) (DMZ) (Entered: 10/07/1996)

Oct. 4, 1996

Oct. 4, 1996

PACER

ATTORNEY APPEARANCE for defendant Eastmont Human Svc, Mont Develop Center, Peter Blouke, Robert - Anderson, Joe Matthews, Dan Anderson, Jennifer Pryor, Sylvia Hammer, Carl Keener, Ron Balas, State of Montana by Cary B. Lund, Russell E. Cater (DMZ)

Oct. 25, 1996

Oct. 25, 1996

PACER
15

ANSWER by defendant Eastmont Human Svc, Mont Develop Center, Peter Blouke, Robert - Anderson, Joe Matthews, Dan Anderson, Jennifer Pryor, Sylvia Hammer, Carl Keener, Ron Balas, State of Montana to [1-1] (DMZ) (Entered: 11/08/1996)

Oct. 25, 1996

Oct. 25, 1996

PACER
16

ORDER by Judge Charles C. Lovell denying as moot defts' motion to dismiss complaint [7-1] (cc: Larose, Gilhool, Lund, Cater, Kradolfer, Orr, CCL, TC) (DMZ) (Entered: 11/08/1996)

Nov. 8, 1996

Nov. 8, 1996

PACER

ATTORNEY APPEARANCE for defendant Eastmont Human Svc, defendant Mont Develop Center, defendant Peter Blouke, defendant Robert - Anderson, defendant Joe Matthews, defendant Dan Anderson, defendant Jennifer Pryor, defendant Sylvia Hammer, defendant Carl Keener, defendant Ron Balas, defendant State of Montana by Kimberly A. Kradolfer (DMZ)

Nov. 8, 1996

Nov. 8, 1996

PACER
17

ORDER by Judge Charles C. Lovell ; pptc set for 9:30 12/4/96, Hlna - cnsl for parties to file a written ppt stmt by 11/27/96, written prediscovery disclosure stmt by 11/20/96 (cc: all same counsel as order #16 today, Tina, USM, Sec, CCL, TC) (DMZ) Modified on 11/08/1996 (Entered: 11/08/1996)

Nov. 8, 1996

Nov. 8, 1996

PACER
18

MOTION by plaintiffs to continue Preliminary Pre-Trial Conference w/c/s (GAR) (Entered: 11/18/1996)

Nov. 13, 1996

Nov. 13, 1996

PACER
19

ORDER by Judge Charles C. Lovell granting motion to continue Preliminary Pre-Trial Conference [18-1] ; Pretrial conference set for 12/4/96 is vacated and now set for 11:00 2/14/97 . Written preliminary pretrial disclosure statements shall be filed by 11/20/96 and written preliminary pretrial statements by 12/20/96. cc: CCL, Clk, Crt Rpr, USM, Lund, Gilhool, Cater, Orr, Larose (GAR) (Entered: 11/18/1996)

Nov. 15, 1996

Nov. 15, 1996

PACER
20

MOTION by defendant to extend time to file prediscovery disclosure stmt (DMZ) (Entered: 11/21/1996)

Nov. 20, 1996

Nov. 20, 1996

PACER
21

PREDISCOVERY DISCLOSURE STATEMENT of facts by plaintiff (DMZ) (Entered: 11/21/1996)

Nov. 20, 1996

Nov. 20, 1996

PACER
22

ORDER by Judge Charles C. Lovell granting motion to extend time to file prediscovery disclosure stmt [20-1] - defts to have until 11/25/96 to file prediscovery disc stmt, pltfs to file disclosure stmt pursuant to the original schedule or may file it simultaneously w/defts (cc: Cater, Gilhool, Larose, Kradolfer) (DMZ) (Entered: 11/22/1996)

Nov. 21, 1996

Nov. 21, 1996

PACER
23

MOTION by plaintiffs for attorney Ira A. Burnim to appear pro hac vice w/c/s (GAR) (Entered: 11/26/1996)

Nov. 22, 1996

Nov. 22, 1996

PACER
24

CONSENT OF DESIGNATION AS LOCAL CNSL as to Mot PHV of Burnim (GAR) (Entered: 11/26/1996)

Nov. 22, 1996

Nov. 22, 1996

PACER
25

AFFIDAVIT of Ira A. Burnim re [23-1] w/ attachments (GAR) (Entered: 11/26/1996)

Nov. 22, 1996

Nov. 22, 1996

PACER
26

MOTION by plaintiffs for attorney Judith A. Gran to appear pro hac vice w/c/s (GAR) (Entered: 11/26/1996)

Nov. 22, 1996

Nov. 22, 1996

PACER
27

CONSENT TO DESIGNATION OF LOCAL CNSL of Pltfs as to Mot PHV of Judity A. Gran (GAR) (Entered: 11/26/1996)

Nov. 22, 1996

Nov. 22, 1996

PACER
28

AFFIDAVIT of Judith A. Gran re [26-1] w/ attachments (GAR) (Entered: 11/26/1996)

Nov. 22, 1996

Nov. 22, 1996

PACER
29

MOTION by plaintiff for attorney Thomas K. Gilhool to appear pro hac vice w/c/s (GAR) (Entered: 11/26/1996)

Nov. 22, 1996

Nov. 22, 1996

PACER
30

CONSENT TO DESIGNATION AS LOCAL CNSL of Pltfs as to Mot PHV of Gilhool (GAR) (Entered: 11/26/1996)

Nov. 22, 1996

Nov. 22, 1996

PACER
31

AFFIDAVIT of Thomas K. Gilhool re [29-1] w/ attachments (GAR) (Entered: 11/26/1996)

Nov. 22, 1996

Nov. 22, 1996

PACER
32

ORDER by Judge Charles C. Lovell granting Pltfs' motion for attorney Ira A. Burnim to appear pro hac vice [23-1] (cc: Burnim, Larose, Gran, Gilhool, Kradolfer, Carter) (GAR) (Entered: 11/26/1996)

Nov. 25, 1996

Nov. 25, 1996

PACER
33

ORDER by Judge Charles C. Lovell granting Pltfs' motion for attorney Judith A. Gran to appear pro hac vice [26-1] (cc: Gran, Gilhool, Burnim, Larose, Kradolfer, Cater) (GAR) (Entered: 11/26/1996)

Nov. 25, 1996

Nov. 25, 1996

PACER
34

ORDER by Judge Charles C. Lovell granting Pltfs' motion for attorney Thomas K. Gilhool to appear pro hac vice [29-1] (cc: Gran, Gilhool, Burnim, Larose, Cater, Kradolfer) (GAR) (Entered: 11/26/1996)

Nov. 25, 1996

Nov. 25, 1996

PACER
36

MOTION by defendant to extend time to file prediscovery disclosure stmt (DMZ) (Entered: 12/02/1996)

Nov. 25, 1996

Nov. 25, 1996

PACER

REMARK - Docket item #35 was deleted - item was docketed twice - thuse there is no item #35 (DMZ)

Nov. 25, 1996

Nov. 25, 1996

PACER
37

ORDER by Judge Charles C. Lovell granting motion to extend time to file prediscovery disclosure stmt [36-1] until 11/26/96 (cc: Kradolfer, Gilhhol, Larose) (DMZ) (Entered: 12/02/1996)

Nov. 26, 1996

Nov. 26, 1996

PACER
38

PREDISCOVERY DISCLOSURE STATEMENT of facts by defendant (DMZ) (Entered: 12/02/1996)

Nov. 26, 1996

Nov. 26, 1996

PACER

FINANCIAL ENTRY Rec'd ck #18507 from MT Advocacy Program in amt of $90.00 as pmt of Adm PHV of Ira Burnim, Judith Gran, and Thomas Gilhool (GAR)

Dec. 4, 1996

Dec. 4, 1996

PACER
39

PRELIMINARY PRETRIAL STATEMENT of facts by defendant State of Montana (DMZ) (Entered: 12/30/1996)

Dec. 19, 1996

Dec. 19, 1996

PACER
40

PRELIMINARY PRETRIAL STATEMENT of facts by plaintiff (DMZ) (Entered: 12/30/1996)

Dec. 20, 1996

Dec. 20, 1996

PACER
41

MOTION by plaintiff for order for determination of class (DMZ) (Entered: 01/13/1997)

Jan. 10, 1997

Jan. 10, 1997

PACER
42

MEMORANDUM/BRIEF by plaintiff in support of motion for order for determination of class [41-1] (DMZ) (Entered: 01/13/1997)

Jan. 10, 1997

Jan. 10, 1997

PACER
43

AMENDMENT by plaintiff to preliminary pretrial stmt [40-1] (DMZ) (Entered: 01/21/1997)

Jan. 17, 1997

Jan. 17, 1997

PACER
44

MOTION by defendant to extend time to file obj to pltfs' mtn to certify class (DMZ) (Entered: 01/21/1997)

Jan. 21, 1997

Jan. 21, 1997

PACER
45

ATTACHMENT NO 3 by plaintiff re motion for order for determination of class [41-1] (DMZ) (Entered: 01/21/1997)

Jan. 21, 1997

Jan. 21, 1997

PACER
46

ORDER by Judge Charles C. Lovell granting motion to extend time to file obj to pltfs' mtn to certify class [44-1] ; Dfts shall have to and including 2/7/97 to file objection to Pltfs' Motion to Certify Class (cc: Gilhool, LaRose, Kradolfer, Cater) (GAR) (Entered: 01/22/1997)

Jan. 21, 1997

Jan. 21, 1997

PACER
47

MOTION by defendant State of Montana to extend time to file obj to Mot to Cert Class w/c/s (GAR) (Entered: 02/07/1997)

Feb. 6, 1997

Feb. 6, 1997

PACER
48

OBJECTION by plaintiff to motion to extend time to file obj to Mot to Cert Class [47-1] w/c/s (GAR) (Entered: 02/07/1997)

Feb. 6, 1997

Feb. 6, 1997

PACER
49

ORDER by Judge Charles C. Lovell ; in-court hearing set for 2:30 2/14/97 instead of 11:00 (cc: Mt Advocacy, Kradolfer, Cater, CCL, TC, USM, Tina) (DMZ) (Entered: 02/11/1997)

Feb. 10, 1997

Feb. 10, 1997

PACER
50

ORDER by Judge Charles C. Lovell granting motion to extend time to file obj to Mot to Cert Class [47-1] defts to have until 3/7/97 (cc: Kradolfer, Larose, Gilhool) (DMZ) (Entered: 02/11/1997)

Feb. 11, 1997

Feb. 11, 1997

PACER
51

RESPONSE by defendants to Request for Extension of Time w/c/s (GAR) (Entered: 02/12/1997)

Feb. 12, 1997

Feb. 12, 1997

PACER
52

MOTION by defendant State of Montana to extend time to serve response to 1st Request for Production Nos. 1-101 w/c/s (GAR) (Entered: 02/14/1997)

Feb. 13, 1997

Feb. 13, 1997

PACER
53

ORDER by Judge Charles C. Lovell granting motion to extend time to serve response to 1st Request for Production Nos. 1-101 [52-1]. Dfts shall have to and including 3/17/97 in which to prepare and serve those responses. cc: Kradolfer, Larose, Gilhool (GAR) (Entered: 02/14/1997)

Feb. 13, 1997

Feb. 13, 1997

PACER
54

MINUTES: before Judge Charles C. Lovell C/R: Tina Brilz. PRELIMINARY PRETRIAL CONF. Pr for plf: Andre Larose, Tom K. Gilhool, Alan Freed. Pr for dft. Kim Kradolfer, Katherine Orr, Carry Lund. Crt will enter an order shortening the caption and asks cnsl to adhere to this caption once done. Crt gives proposed discovery schedule. Discovery cutoff-11/20/97; Motions ddline, to include motns in limine and for summary jgmt - 12/11/97; Written discovery, answers by 11/20/97; Status report by 9/18/97; Atty's conf-March, 1998; Pretrial Order to be lodged by 3/23/98; Settlement date 3/16/98. If deft's want to amend answer, to be done by end of February 1997, to be set in the scheduling order. Both sides agree on schedule given. Cnsl are meeting to try to stipulate to facts; if this goes well, may not need to amend answer. Crt urges settlement if possible. Court would consider settlmt conf if desired. There is a settlmt proposal, hopefully to be acted on by end of month. A. Larose reports on status of discovery. May need a motion to compel on certain discovery. If hrg is nec, it could be set. K. Kradolfer responds. Crt won't set trial date or final pretrial conf. til the pretrial order is in. K. Kradolfer says they may ask crt to tour the facilities late in the discovery process. Crt would consider this. Adj. (BAF) (Entered: 02/14/1997)

Feb. 14, 1997

Feb. 14, 1997

PACER
55

STENO NOTES of proceedings before Judge Charles C. Lovell ( Court Reporter: Tina Brilz) Hearing date: 2/14/97 Prelim PT Conf status report minutes [54-1] (BAF) (Entered: 02/14/1997)

Feb. 14, 1997

Feb. 14, 1997

PACER
56

ORDER by Judge Charles C. Lovell, it having come to the crt's attention that there is some d3viation in the manner the pties are captioning their crt documents, IT IS ORDERED that the pties shall, when using an abbreviated caption for this case, conform their pleadings to reflect that used herein. (cc: Larose, et al, Burnim, Gilhool, Kradolfer,/Orr; Lund/Cater, CCL)( (BAF) (Entered: 02/18/1997)

Feb. 14, 1997

Feb. 14, 1997

PACER
57

ORDER by Judge Charles C. Lovell that cnsl to adhere to the following discovery schedule: All discovery to be completed by 11/20/97; All motns, including motns in limine and Motions for summ. jgmt, including partial summary jgmt to be filed by 12/11/97. Briefing in accordance with Local Rule 220-1. All written discovery be served w/i the time provided by appropriate rule or, where applicable, order of court, in order that the responses meet the respective ddlines. All Answers to such written discov to be made by 11/20/97. Cnsl for ea pty to file status rpt by 9/18/97. Plf expert witness disclosure purs to Rule 26, Fed., R.Civ.P. by 9/18/97. Dfts by 10/20/97. Plfs cnsl to convene attys conf during week of 3/9/98 to complete final pretrial order. Final pretrial order in the form prescribed by local rule, signed by cnsl for all pties, to be lodged by 3/23/98. No new pties may be joined or pleadings amended after this date except by lv of crt for good cause shown. This order must be lodged by this date regardless of whether pending motns remain undecided by the crt. A contin of any ddline does not a;utomatically extend any unspecified ddlines. Settlemt date is 3/16/98. FURTHER ORDERED cnsl for dfts having stated their intention to amend their answer, that the amended answer must be filed by 2/28/97. (cc: Larose et al; Burnim, Gilhool; Kradolfer/Orr; Lund/Cater,CCL) (BAF) (Entered: 02/18/1997)

Feb. 14, 1997

Feb. 14, 1997

PACER
58

AMENDED ANSWER [15-1] by defendant State of Montana (DMZ) (Entered: 03/03/1997)

Feb. 17, 1997

Feb. 17, 1997

PACER
59

OBJECTIONS by defendant State of Montana to request for class certification [41-1] - with blue folder of Mont. Admin. R. 46.8.101 thru 46.8.2055 (DMZ) Modified on 03/10/1997 (Entered: 03/10/1997)

March 7, 1997

March 7, 1997

PACER
60

RESPONSE by plaintiff to [59-1] (DMZ) (Entered: 03/25/1997)

March 21, 1997

March 21, 1997

PACER
61

MOTION by plaintiffs to compel production of documents w/c/s (GAR) (Entered: 05/02/1997)

April 7, 1997

April 7, 1997

PACER
62

BRIEF by plaintiff in support of motion to compel production of documents [61-1] w/c/s, bound vol "Department of Public Health & Human Services Rules" and bound Exhibit "A" (vols placed in expand. folder) (GAR) (Entered: 05/02/1997)

April 7, 1997

April 7, 1997

PACER
63

MOTION by defendant State of Montana to extend time to and including 5/21/97 to respond to Mot to Compel w/c/s (GAR) (Entered: 05/02/1997)

April 21, 1997

April 21, 1997

PACER
64

OBJECTION by plaintiff to motion to extend time to and including 5/21/97 to respond to Mot to Compel [63-1] w/c/s (GAR) (Entered: 05/02/1997)

April 22, 1997

April 22, 1997

PACER
65

MOTION by plaintiffs to file brief exceeding 20 pages w/c/s (GAR) (Entered: 05/02/1997)

April 22, 1997

April 22, 1997

PACER
66

ORDER by Judge Charles C. Lovell granting motion to extend time to and including 5/21/97 to respond to Mot to Compel [63-1] ; Dfts shall have to and including 5/21/97 to prepare and serve those responses. cc: Lund Kradolfer, Larose, Gilhool, Burnim (GAR) (Entered: 05/02/1997)

April 23, 1997

April 23, 1997

PACER
67

ORDER by Judge Charles C. Lovell granting motion to file brief exceeding 20 pages [65-1]. Note: said brief filed 4/7/97, doc. #62. cc: Lund, Kradolfer, Larose, Gilhool, Burnim (GAR) (Entered: 05/02/1997)

April 23, 1997

April 23, 1997

PACER
68

MOTION by defendant to extend time to file responses to plaintiffs' second requests for production w/c/s (TLO) (Entered: 05/20/1997)

May 16, 1997

May 16, 1997

PACER
69

ORDER by Judge Charles C. Lovell granting motion to extend time to file responses to plaintiffs' second requests for production [68-1]. Defendant's have to and including 6/13/97 to respond to second request for production. cc: Smith, Gilhool, Burnim, Cater and Kradolfer (TLO) Modified on 05/20/1997 (Entered: 05/20/1997)

May 16, 1997

May 16, 1997

PACER
70

MOTION by defendants to extend time to prepare and serve their response to pltfs mot to compel w/c/s (TLO) (Entered: 05/23/1997)

May 21, 1997

May 21, 1997

PACER
71

MOTION (Request) by plaintiff for conference with court w/c/s (TLO) (Entered: 05/28/1997)

May 23, 1997

May 23, 1997

PACER
72

ORDER by Judge Charles C. Lovell granting defts' motion to extend time to prepare and serve their response to pltfs to compel [70-1] ; ddl set for 6/20/97 (cc: Cater, Lund, Gilhool, Burnim, Larose, Kradolfer) (DMZ) (Entered: 05/28/1997)

May 27, 1997

May 27, 1997

PACER
73

MOTION by defendant State of Montana for leave to file oversized brief w/c/s (TLO) (Entered: 06/17/1997)

June 17, 1997

June 17, 1997

PACER
74

ORDER by Judge Charles C. Lovell granting motion for leave to file oversized brief [73-1] (cc: Cater, Lund, Gilhool, Burnim, Larose, Kradolfer) (DMZ) (Entered: 06/24/1997)

June 18, 1997

June 18, 1997

PACER
75

RESPONSE by defendant to motion to compel production of documents [61-1] - kept in expando folder (DMZ) (Entered: 06/24/1997)

June 20, 1997

June 20, 1997

PACER
76

MOTION by plaintiffs to extend time to submit reply brief w/c/s (GAR) (Entered: 07/02/1997)

July 1, 1997

July 1, 1997

PACER
77

ORDER by Judge Charles C. Lovell granting motion to extend time to submit reply brief [76-1]. Pltfs shall have an extension of time until 7/3/97 in which to file reply to dft's resp to pltfs' mot to compel. cc: CCL, Laroe, Gilhool, Kradolfer, Cater (GAR) Modified on 07/02/1997 (Entered: 07/02/1997)

July 1, 1997

July 1, 1997

PACER
78

REPLY by plaintiff to response to motion to compel production of documents [61-1] (DMZ) (Entered: 07/11/1997)

July 3, 1997

July 3, 1997

PACER
79

NOTICE by plaintiff of taking deposition of James Driggers on 6/27/97 at Hlna (DMZ) (Entered: 07/11/1997)

July 9, 1997

July 9, 1997

PACER
80

NOTICE by plaintiff of taking deposition of Mike Hanshew on 7/17/97 at Hlna (DMZ) (Entered: 07/11/1997)

July 9, 1997

July 9, 1997

PACER
81

SECOND MOTION by plaintiff to compel production of documents (DMZ) (Entered: 07/30/1997)

July 25, 1997

July 25, 1997

PACER
82

MEMORANDUM/BRIEF by plaintiff in support of second motion to compel production of documents [81-1] (DMZ) (Entered: 07/30/1997)

July 25, 1997

July 25, 1997

PACER
83

MOTION by defendant State of Montana for extension of time to respond to Pltfs' Second Motion to Compel w/c/s (TLO) Modified on 08/18/1997 (Entered: 08/08/1997)

Aug. 7, 1997

Aug. 7, 1997

PACER
84

ORDER by Judge Charles C. Lovell granting motion for extension of time to 8/29/97 to respond to Pltfs' Second motion to Compel [83-1] (cc: Larose, Gilhool, Kradolfer, Burnim, Cater, GR) (TLO) Modified on 08/18/1997 (Entered: 08/13/1997)

Aug. 7, 1997

Aug. 7, 1997

PACER
85

RESPONSE by defendant to pltfs' 2nd motion to compel production of documents [81-1] - kept in expando (DMZ) (Entered: 09/19/1997)

Aug. 29, 1997

Aug. 29, 1997

PACER
86

MOTION by plaintiff to extend time to submit reply brief in resp to defts' resp to pltfs' 2nd mtn to compen (DMZ) (Entered: 09/19/1997)

Sept. 5, 1997

Sept. 5, 1997

PACER
87

ORDER by Judge Charles C. Lovell granting motion to extend time to submit reply brief in resp to defts' resp to pltfs' 2nd mtn to compel [86-1] ; case management ddl set for 9/23/97 (cc: Burnim, Larose, Cater, Gilhool, Kradolfer) dmz for tlh (DMZ) (Entered: 09/19/1997)

Sept. 8, 1997

Sept. 8, 1997

PACER
88

MOTION by plaintiff to extend time to disclose expert witnesses (DMZ) (Entered: 09/19/1997)

Sept. 17, 1997

Sept. 17, 1997

PACER
89

STATUS REPORT by plaintiff - pltf requests the crt designate this a complex litigation and consider whether it would be helpful to develop a case mgmt plan, prospects for settlement do not look promising (DMZ) (Entered: 09/19/1997)

Sept. 18, 1997

Sept. 18, 1997

PACER
90

STATUS REPORT by defendant - a class certification is pertinent to the disc disputes and a decision by the court will have direct and significant bearing on the scope of disc which is relevant and approp in this matter, a longer extension of the current disc schedule is warranted (DMZ) (Entered: 09/19/1997)

Sept. 18, 1997

Sept. 18, 1997

PACER
91

ORDER by Judge Charles C. Lovell granting motion to extend time to disclose expert witnesses [88-1] (cc: Burnim, Larose, Cater, Gilhool, Kradolfer) (DMZ) (Entered: 09/19/1997)

Sept. 19, 1997

Sept. 19, 1997

PACER
92

REPLY by plaintiffs to Defts' response to Pltf's Second motion to compel production of documents [81-1] w/c/s (TLO) (Entered: 09/25/1997)

Sept. 23, 1997

Sept. 23, 1997

PACER
93

AMENDMENT OF STATUS REPORT by plaintiff - Pltfs amend status report submitted 9/18/97. Parties agree to modify the limitation on the number of depos allowed to be taken under Rule 30, Fed. R. Civ. P. to allow more than ten depos to be taken by the pltfs or by the defts. The parties agree that the number of depos to be taken shall be reasonable and that either party may file an objection if the party believes the number of depos scheduled are unreasonable. The parties agree with the proposed alteration of the discovery schedule to allow expert witness disclosure by pltf by 11/20/97 by defts by 12/19/97 and close of discovery by 2/20/98. w/c/s (TLO) Modified on 10/08/1997 (Entered: 09/25/1997)

Sept. 24, 1997

Sept. 24, 1997

PACER
94

AMENDED STATUS REPORT by defendant State of Montana and response to Pltfs' status report. Defts do not anticipate major discovery conflicts and therefore to not see the need for development of special case management methods. Defts will continue to defend this action and will not cause delay in this matter. w/c/s (TLO) Modified on 10/08/1997 (Entered: 10/03/1997)

Oct. 1, 1997

Oct. 1, 1997

PACER
95

MOTION by defendant to vacate all or part of disc schedule (DMZ) (Entered: 10/24/1997)

Oct. 17, 1997

Oct. 17, 1997

PACER
96

RESPONSE by plaintiff to motion to vacate all or part of disc schedule [95-1] (DMZ) (Entered: 11/03/1997)

Oct. 28, 1997

Oct. 28, 1997

PACER

Case Details

State / Territory: Montana

Case Type(s):

Intellectual Disability (Facility)

Special Collection(s):

Olmstead Cases

Multi-LexSum (in sample)

Key Dates

Filing Date: Aug. 23, 1996

Closing Date: 2004

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Individuals with developmental disabilities who are presently, have been or will be residents of the Montana Developmental Center or Eastmont Human Services Center at any time during the period beginning August 23, 1996 until final adjudication.

Attorney Organizations:

Bazelon Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Montana Department of Public Health and Human Services, State

Montana Developmental Center, State

Montana Developmental Center (Boulder), State

Montana Mental Health Nursing Care Center, State

Montana State Hospital , 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

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

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: 2004 - 2004

Content of Injunction:

Preliminary relief denied

Issues

General:

Classification / placement

Confinement/isolation

Deinstitutionalization/decarceration

Education

Individualized planning

Special education

Disability:

Integrated setting

Least restrictive environment

Mental Disability:

Developmental disability without intellectual disability

Intellectual/developmental disability, unspecified

Type of Facility:

Government-run