Case: Dubois v. Medows

4:03-cv-00107 | U.S. District Court for the Northern District of Florida

Filed Date: April 11, 2003

Closed Date: 2007

Clearinghouse coding complete

Case Summary

On April 11, 2003, three individuals with brain or spinal injuries who were on the waiting list for the Brain or Spinal Cord Injury Medicaid Home and Community Based Waiver Program (BSCI Waiver Program) filed a lawsuit against several Florida state officials under the Americans with Disabilities Act, 42 U.S.C. §1201 et seq.; Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. §794(a); Title XIX of the Social Security Act, 42 U.S.C. §1396 et seq., and Due Process Clause in the U.S. District…

On April 11, 2003, three individuals with brain or spinal injuries who were on the waiting list for the Brain or Spinal Cord Injury Medicaid Home and Community Based Waiver Program (BSCI Waiver Program) filed a lawsuit against several Florida state officials under the Americans with Disabilities Act, 42 U.S.C. §1201 et seq.; Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. §794(a); Title XIX of the Social Security Act, 42 U.S.C. §1396 et seq., and Due Process Clause in the U.S. District Court for the Northern District of Florida, Tallahassee Division. The plaintiffs, represented by public service attorneys, asked the Court for declaratory and injunctive relief, alleging that due to defendants' underfunding and poor administration, only 176 individuals were receiving BSCI Waiver Program services in Florida, despite a waiting list of 226 who met eligibility requirements.

On March 1, 2004, the Court (Judge Stephan P. Mickle) granted the plaintiffs' motion for class certification.

After a long period of discovery and negotiations, the parties reached a Settlement Agreement on October 10, 2006, according to which, defendants agreed to make it a priority to seek funding to expand the BSCI Waiver Program by at least 200 slots for the next three years.

On January 4, 2007, the Court (Judge Mickle) approved the Settlement Agreement and dismissed the case with prejudice.

Summary Authors

Kunyi Zhang (2/4/2011)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4715053/parties/dubois-v-medows/


Judge(s)

Kornblum, Allan N. (Florida)

Mickle, Stephan P. (Florida)

Attorney for Plaintiff

Costello, Andrea Hope (Florida)

Attorney for Defendant

Finkel, Charles Alan (Florida)

MacInnes, Douglas B. (Florida)

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Documents in the Clearinghouse

Document

4:03-cv-00107

Docket

Jan. 4, 2007

Jan. 4, 2007

Docket
1

4:03-cv-00107

Complaint

April 11, 2003

April 11, 2003

Complaint
75

4:03-cv-00107

Order (Denying Motions to Dismiss, Granting Class Certification)

March 1, 2004

March 1, 2004

Order/Opinion
190

4:03-cv-00107

Joint Notice of Filing Settlement Agreement

Oct. 10, 2006

Oct. 10, 2006

Settlement Agreement
208

4:03-cv-00107

Plaintiffs’ Memorandum in Support of Joint Motion for Approval of Settlement Agreement

Jan. 3, 2007

Jan. 3, 2007

Pleading / Motion / Brief
212

4:03-cv-00107

Order of Approval of Settlement Agreement

Jan. 4, 2007

Jan. 4, 2007

Order/Opinion
213

4:03-cv-00107

Order of Dismissal with Prejudice

Jan. 4, 2007

Jan. 4, 2007

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4715053/dubois-v-medows/

Last updated Feb. 9, 2024, 3:20 a.m.

ECF Number Description Date Link Date / Link

setting 90 day no activity deadline pursuant to N.D.Fla.Loc.R.41.1 to 7/10/03 (atm,Gainesville) (Entered: 04/16/2003)

April 11, 2003

April 11, 2003

1

COMPLAINT Filing Fee: $150.00 Receipt #: 400 102002 (atm,Gainesville) (Entered: 04/16/2003)

April 11, 2003

April 11, 2003

2

CIVIL Cover Sheet (atm,Gainesville) (Entered: 04/16/2003)

April 11, 2003

April 11, 2003

4

AFFIDAVIT of Janes Perkins Re: [3−1] motion for JANE PERKINS AND SARAH SOMERS to Appear Pro Hac Vice by MELVIN M, CHARLES SMITH, MICHAEL DUBOIS (atm,Gainesville) (Entered: 04/16/2003)

April 11, 2003

April 11, 2003

5

AFFIDAVIT of Sarah Somers by MICHAEL DUBOIS, CHARLES SMITH, MELVIN M Re: [3−1] motion for JANE PERKINS AND SARAH SOMERS to Appear Hac Vice by MELVIN M, CHARLES SMITH, MICHAEL DUBOIS (atm,Gainesville) (Entered: 04/16/2003)

April 11, 2003

April 11, 2003

6

MOTION by plaintiffs MICHAEL DUBOIS, CHARLES SMITH, MELVIN M to proceed in pseudonym and to file exhibits under seal with proposed exhibits A &B (atm,Gainesville) (Entered: 04/16/2003)

April 11, 2003

April 11, 2003

SUMMONS(ES)/NOTICE OF CONSENT issued for defendant RHONDA MEDOWS, defendant JOHN O AGWUNOBI and forwarded to plaintiff. (atm,Gainesville) (Entered: 04/16/2003)

April 15, 2003

April 15, 2003

Motion submitted with file to Judge Stephan P. Mickle Re: [6−1] motion to proceed in pseudonym and to file exhibits under seal by MELVIN M, CHARLES SMITH, MICHAEL DUBOIS, [3−1] motion for JANE PERKINS AND SARAH SOMERS to Appear Pro Hac Vice by MELVIN M, CHARLES SMITH, MICHAEL DUBOIS (atm,Gainesville) (Entered: 04/16/2003)

April 16, 2003

April 16, 2003

7

ORDER by Judge Stephan P. Mickle granting [3−1] motion for JANE PERKINS AND SARAH SOMERS to Appear Pro Hac Vice Copies sent as noted on document. (knr,Gainesville) (Entered: 04/24/2003)

April 24, 2003

April 24, 2003

9

NOTICE by plaintiff MICHAEL DUBOIS, plaintiff CHARLES SMITH, plaintiff MELVIN M of filing returns of service (knr,Gainesville) (Entered: 05/01/2003)

April 29, 2003

April 29, 2003

10

RETURN of Service Executed as to defendant RHONDA MEDOWS 4/17/03 Answer due on 5/7/03 for RHONDA MEDOWS (knr,Gainesville) (Entered: 05/01/2003)

April 29, 2003

April 29, 2003

11

RETURN of Service Executed as to defendant JOHN O AGWUNOBI 4/17/03 Answer due on 5/7/03 for JOHN O AGWUNOBI (knr,Gainesville) (Entered: 05/01/2003)

April 29, 2003

April 29, 2003

8

ORDER by Judge Stephan P. Mickle granting [6−1] motion to proceed in pseudonym and to file exhibits under seal Copies sent as noted on document. (knr,Gainesville) (Entered: 04/30/2003)

April 30, 2003

April 30, 2003

12

MOTION by plaintiff MICHAEL DUBOIS, plaintiff CHARLES SMITH, plaintiff MELVIN M for class certification Deadline for filing response to motion is: 5/20/03 and deadline to return file to court is: 5/27/03 (knr,Gainesville) (Entered: 05/05/2003)

May 2, 2003

May 2, 2003

13

MEMORANDUM by plaintiff MICHAEL DUBOIS, plaintiff CHARLES SMITH, plaintiff MELVIN M in support of [12−1] motion for class certification by MELVIN M, CHARLES SMITH, MICHAEL DUBOIS . (knr,Gainesville) (Entered: 05/05/2003)

May 2, 2003

May 2, 2003

14

MOTION by defendant RHONDA MEDOWS, defendant JOHN O AGWUNOBI to Extend Time to Answer [12−1] motion for class certification by MELVIN M, CHARLES SMITH, MICHAEL DUBOIS (until 5/27/03) (knr,Gainesville) (Entered: 05/09/2003)

May 7, 2003

May 7, 2003

Motion submitted with file to Judge Stephan P. Mickle Re: [14−1] motion to Extend Time to Answer [12−1] motion for class certification by MELVIN M, CHARLES SMITH, MICHAEL DUBOIS by JOHN O AGWUNOBI, RHONDA MEDOWS (knr,Gainesville) (Entered: 05/13/2003)

May 13, 2003

May 13, 2003

15

MOTION by plaintiffs' MICHAEL DUBOIS, CHARLES SMITH, MELVIN M to Extend Time to file attorney time records through April 30, 2003 (knr,Gainesville) Modified on 05/16/2003 (Entered: 05/16/2003)

May 15, 2003

May 15, 2003

16

ORDER by Judge Stephan P. Mickle granting [14−1] motion to Extend Time to Answer [12−1] motion for class certification by MELVIN M, CHARLES SMITH, MICHAEL DUBOIS setting answer to complaint deadline for 5/27/03 for JOHN O AGWUNOBI, RHONDA MEDOWS , resetting response to motion deadline for 5/27/03 Re: [12−1] motion for class certification by MELVIN M, CHARLES SMITH, MICHAEL DUBOIS Copies sent as noted on document. (knr,Gainesville) (Entered: 05/20/2003)

May 20, 2003

May 20, 2003

17

ORDER by Judge Stephan P. Mickle granting [15−1] motion to Extend Time to file attorney time records through April 30, 2003 until 5/30/03 Copies sent as noted on document. (knr,Gainesville) (Entered: 05/21/2003)

May 21, 2003

May 21, 2003

18

ATTORNEY Time Record by plaintiff MICHAEL DUBOIS, plaintiff CHARLES SMITH, plaintiff MELVIN M (knr,Gainesville) (Entered: 05/21/2003)

May 21, 2003

May 21, 2003

19

RULE 7.1(B) Conference Statement by Defendants RHONDA MEDOWS, JOHN O AGWUNOBI Re: [14−1] motion to Extend Time to Answer [12−1] motion for class certification by MELVIN M, CHARLES SMITH, MICHAEL DUBOIS by JOHN O AGWUNOBI, RHONDA MEDOWS (tss,Gainesville) (Entered: 05/30/2003)

May 27, 2003

May 27, 2003

20

MOTION by Defendants RHONDA MEDOWS, JOHN O AGWUNOBI to Dismiss Complaint Deadline for filing response to motion is: 6/16/03 and deadline to return file to court is: 6/19/03 (tss,Gainesville) (Entered: 05/30/2003)

May 27, 2003

May 27, 2003

Motion submitted with file to Judge Stephan P. Mickle Re: [12−1] motion for class certification by MELVIN M, CHARLES SMITH, MICHAEL DUBOIS (tss,Gainesville) (Entered: 05/30/2003)

May 30, 2003

May 30, 2003

21

ATTORNEY Time Record by plaintiffs MICHAEL DUBOIS, CHARLES SMITH, MELVIN M (knr,Gainesville) (Entered: 06/02/2003)

May 30, 2003

May 30, 2003

22

MOTION by plaintiff MICHAEL DUBOIS, plaintiff CHARLES SMITH, plaintiff MELVIN M to Extend Time to Answer [20−1] motion to Dismiss Complaint by JOHN O AGWUNOBI, RHONDA MEDOWS (knr,Gainesville) (Entered: 06/03/2003)

June 3, 2003

June 3, 2003

23

RESPONSE by defendant RHONDA MEDOWS, defendant JOHN O AGWUNOBI to [12−1] motion for class certification by MELVIN M, CHARLES SMITH, MICHAEL DUBOIS (knr,Gainesville) (Entered: 06/04/2003)

June 3, 2003

June 3, 2003

Motion submitted without file to Judge Stephan P. Mickle Re: [22−1] motion to Extend Time to Answer [20−1] motion to Dismiss Complaint by JOHN O AGWUNOBI, RHONDA MEDOWS by MELVIN M, CHARLES SMITH, MICHAEL DUBOIS (knr,Gainesville) (Entered: 06/04/2003)

June 4, 2003

June 4, 2003

DOCUMENT Location re: [23−1] motion response to motion for class certification by JOHN O AGWUNOBI, RHONDA MEDOWS sent to chambers Reason: review (knr,Gainesville) (Entered: 06/04/2003)

June 4, 2003

June 4, 2003

24

NOTICE by defendants RHONDA MEDOWS, JOHN O AGWUNOBI of supplemental authority in support of motion to dismiss (atm,Gainesville) (Entered: 06/11/2003)

June 10, 2003

June 10, 2003

25

SUBSTITUTE ATTORNEY Time Record for April 2003 by Plaintiffs MICHAEL DUBOIS, CHARLES SMITH, MELVIN M (tss,Gainesville) (Entered: 06/17/2003)

June 16, 2003

June 16, 2003

26

ATTORNEY Time Record for May 2003 by Plaintiffs MICHAEL DUBOIS, CHARLES SMITH, MELVIN M (National Health Law Program) (tss,Gainesville) Modified on 06/17/2003 (Entered: 06/17/2003)

June 16, 2003

June 16, 2003

27

ATTORNEY Time Record for May 2003 by Plaintiffs MICHAEL DUBOIS, CHARLES SMITH, MELVIN M (Southern Legal Counsel) (tss,Gainesville) (Entered: 06/17/2003)

June 16, 2003

June 16, 2003

Motion submitted without to Judge Stephan P. Mickle Re: [20−1] motion to Dismiss Complaint by JOHN O AGWUNOBI, RHONDA MEDOWS (csg,Gainesville) (Entered: 07/01/2003)

July 1, 2003

July 1, 2003

29

MOTION by defendant RHONDA MEDOWS, defendant JOHN O AGWUNOBI for Leave to File addenum Re: [23−1] motion response by JOHN O AGWUNOBI, RHONDA MEDOWS with addendum in text of said motion Deadline for filing response to motion is: 7/28/03 and deadline to return file to court is: 7/31/03 (knr,Gainesville) Modified on 07/17/2003 (Entered: 07/09/2003)

July 8, 2003

July 8, 2003

30

ATTORNEY Time Record by plaintiffs MICHAEL DUBOIS, CHARLES SMITH, MELVIN M (knr,Gainesville) (Entered: 07/14/2003)

July 11, 2003

July 11, 2003

31

ATTORNEY Time Record by plaintiff MICHAEL DUBOIS, CHARLES SMITH, MELVIN M (knr,Gainesville) (Entered: 07/14/2003)

July 11, 2003

July 11, 2003

32

RESPONSE by plaintiffs MICHAEL DUBOIS, CHARLES SMITH, MELVIN M to [29−1] motion for Leave to File addenum Re: [23−1] motion response by JOHN O AGWUNOBI, RHONDA MEDOWS by JOHN O AGWUNOBI, RHONDA MEDOWS (knr,Gainesville) (Entered: 07/14/2003)

July 11, 2003

July 11, 2003

Motion submitted without file to Judge Stephan P. Mickle Re: [29−1] motion for Leave to File addenum Re: [23−1] motion response by JOHN O AGWUNOBI, RHONDA MEDOWS by JOHN O AGWUNOBI, RHONDA MEDOWS (knr,Gainesville) (Entered: 07/14/2003)

July 14, 2003

July 14, 2003

resetting 90 day no activity deadline pursuant to N.D.Fla.Loc.R.41.1 to 10/14/03 (knr,Gainesville) (Entered: 07/15/2003)

July 15, 2003

July 15, 2003

33

ORDER by Judge Stephan P. Mickle granting [29−1] motion for Leave to File addenum Re: [23−1] motion response by JOHN O AGWUNOBI, RHONDA MEDOWS Copies sent as noted on document. (bkp,Gainesville) (Entered: 07/16/2003)

July 16, 2003

July 16, 2003

34

SCHEDULING ORDER by Judge Stephan P. Mickle setting deadlines for: filing Joint Report of Planning Meeting by: 9/8/03 Discovery Cutoff: 11/17/03 Copies sent as noted on document. (knr,Gainesville) (Entered: 07/18/2003)

July 18, 2003

July 18, 2003

35

ATTORNEY Time Record by plaintiffs MICHAEL DUBOIS, CHARLES SMITH, MELVIN M (llt,Gainesville) (Entered: 08/15/2003)

Aug. 15, 2003

Aug. 15, 2003

36

ATTORNEY Time Record by plaintiffs MICHAEL DUBOIS, CHARLES SMITH, MELVIN M (llt,Gainesville) (Entered: 08/15/2003)

Aug. 15, 2003

Aug. 15, 2003

37

MEMORANDUM by defendants RHONDA MEDOWS, JOHN O AGWUNOBI in support of [20−1] motion to Dismiss Complaint by JOHN O AGWUNOBI, RHONDA MEDOWS (bkp,Gainesville) (Entered: 08/20/2003)

Aug. 19, 2003

Aug. 19, 2003

38

JOINT Report of Planning Meeting requesting 12/31/03 discovery deadline (llt,Gainesville) (Entered: 08/26/2003)

Aug. 26, 2003

Aug. 26, 2003

DOCUMENT Location re: [38−1] joint report requesting 12/31/03 discovery deadline sent to Deputy Clerk Reason: review (llt,Gainesville) (Entered: 08/27/2003)

Aug. 27, 2003

Aug. 27, 2003

39

RULE 26 Disclosure by defendants RHONDA MEDOWS, JOHN O AGWUNOBI (llt,Gainesville) (Entered: 08/28/2003)

Aug. 27, 2003

Aug. 27, 2003

40

Mediation and SCHEDULING ORDER by Judge Stephan P. Mickle setting deadlines for: Discovery Cutoff: 12/31/03 filing Mediation Report by: 2/28/04 Bench trial date: 4/19/04 Dispositive motions by: 1/19/04 Copies sent as noted on document. (llt,Gainesville) (Entered: 09/02/2003)

Sept. 2, 2003

Sept. 2, 2003

41

NOTICE by plaintiffs MICHAEL DUBOIS, CHARLES SMITH, MELVIN M of supplemental authority for Plaintiffs' Memorandum of Law in Opposition to Defendants' Motion to Dismiss (llt,Gainesville) (Entered: 09/02/2003)

Sept. 2, 2003

Sept. 2, 2003

43

ATTORNEY Time Record by plaintiffs MICHAEL DUBOIS, CHARLES SMITH (llt,Gainesville) (Entered: 09/11/2003)

Sept. 11, 2003

Sept. 11, 2003

44

ATTORNEY Time Record by plaintiffs MICHAEL DUBOIS, CHARLES SMITH, MELVIN M (llt,Gainesville) (Entered: 09/11/2003)

Sept. 11, 2003

Sept. 11, 2003

45

ADDENDUM RULE 26 Disclosure by defendants RHONDA MEDOWS, JOHN O AGWUNOBI (atm,Gainesville) (Entered: 09/17/2003)

Sept. 15, 2003

Sept. 15, 2003

46

NOTICE by plaintiffs MICHAEL DUBOIS, CHARLES SMITH, MELVIN M of supplemental authority for Plaintiff's memorandum of Law in Opposition [doc 28] to Defendants' Motion to Dismiss [doc 20] (llt,Gainesville) (Entered: 09/20/2003)

Sept. 19, 2003

Sept. 19, 2003

47

NOTICE by Charles J. Crist, Jr., counsel for defendants RHONDA MEDOWS, JOHN O AGWUNOBI of unavailablility 12/19/03 − 6/5/04 (llt,Gainesville) (Entered: 10/15/2003)

Oct. 14, 2003

Oct. 14, 2003

resetting 90 day no activity deadline pursuant to N.D.Fla.Loc.R.41.1 to 1/13/04 (llt,Gainesville) (Entered: 10/15/2003)

Oct. 15, 2003

Oct. 15, 2003

48

ATTORNEY Time Record by plaintiffs MICHAEL DUBOIS, CHARLES SMITH, MELVIN M (llt,Gainesville) (Entered: 10/15/2003)

Oct. 15, 2003

Oct. 15, 2003

49

ATTORNEY Time Record by plaintiffs MICHAEL DUBOIS, CHARLES SMITH, MELVIN M (llt,Gainesville) (Entered: 10/15/2003)

Oct. 15, 2003

Oct. 15, 2003

resetting 90 day no activity deadline pursuant to N.D.Fla.Loc.R.41.1 to 1/13/04 (llt,Gainesville) (Entered: 10/15/2003)

Oct. 15, 2003

Oct. 15, 2003

DOCUMENT Location re: [47−1] notice of unavailablility 12/19/03 − 6/5/04 by JOHN O AGWUNOBI, RHONDA MEDOWS sent to Chambers Reason: review (llt,Gainesville) (Entered: 10/16/2003)

Oct. 16, 2003

Oct. 16, 2003

50

Amended NOTICE by plaintiff MELVIN M of unavailability of defense counsel 12/19/03−1/5/04 (llt,Gainesville) (Entered: 10/20/2003)

Oct. 17, 2003

Oct. 17, 2003

DOCUMENT Location re: [50−1] notice of unavailability of defense counsel 12/19/03−1/5/04 by MELVIN M sent to Chambers Reason: review (llt,Gainesville) (Entered: 10/21/2003)

Oct. 21, 2003

Oct. 21, 2003

51

Unopposed MOTION by plaintiffs MICHAEL DUBOIS, CHARLES SMITH, MELVIN M to Modify [40−1] Scheduling order as follows: Plaintiffs' Expert Report shall be served by 12/15/03, Defendants' Expert Report shall be served by 1/15/04, Expert depositions shall be completed by 1/30/04 and Motions shall be filed by 2/27/04 (llt,Gainesville) (Entered: 10/30/2003)

Oct. 30, 2003

Oct. 30, 2003

Motion submitted without file to Judge Stephan P. Mickle Re: [51−1] motion to Modify [40−1] Scheduling order as follows: Plaintiffs' Expert Report shall be served by 12/15/03, Defendants' Expert Report shall be served by 1/15/04, Expert depositions shall be completed by 1/30/04 and Motions shall be filed by 2/27/04 by MELVIN M, CHARLES SMITH, MICHAEL DUBOIS (llt,Gainesville) (Entered: 10/31/2003)

Oct. 31, 2003

Oct. 31, 2003

52

ORDER by Judge Stephan P. Mickle granting [51−1] motion to Modify [40−1] Scheduling order as follows: Plaintiffs' Expert Report shall be served by 12/15/03, Defendants' Expert Report shall be served by 1/15/04, Expert depositions shall be completed by 1/30/04 and Motions shall be filed by 2/27/04 and resetting motion filing deadline for 2/27/04 Copies sent as noted on document. (llt,Gainesville) (Entered: 11/05/2003)

Nov. 5, 2003

Nov. 5, 2003

53

NOTICE of filing addendum to Response to First Request to Produce Documents by JOHN O AGWUNOBI, RHONDA MEDOWS (Response never filed with the court) (llt, Gainesville) (Entered: 11/17/2003)

Nov. 12, 2003

Nov. 12, 2003

54

ATTORNEY TIME RECORDS by plaintiffs MICHAEL DUBOIS, MELVIN M, CHARLES SMITH. (llt, Gainesville) (Entered: 11/24/2003)

Nov. 17, 2003

Nov. 17, 2003

56

Unopposed MOTION to Modify the Scheduling Order, requesting 2/1/04 discovery deadline, 1/20/04 Plaintiffs' Expert Report Deadline, 2/20/04 Defendants' Expert Report deadline, 3/8/04 Expert Depositions deadline, 2/20/04 mediation deadline and 4/8/04 motion filing deadline by MICHAEL DUBOIS, CHARLES SMITH. (llt, Gainesville) (Entered: 12/16/2003)

Dec. 15, 2003

Dec. 15, 2003

57

ATTORNEY TIME RECORDS by plaintiffs MICHAEL DUBOIS, MELVIN M, RHONDA MEDOWS, CHARLES SMITH for November, 2003. (llt, Gainesville) (Entered: 12/16/2003)

Dec. 15, 2003

Dec. 15, 2003

ACTION REQUIRED BY CHAMBERS: Chambers of Judge Stephan P. Mickle notified that action is needed Re: 56 UNOPPOSED MOTION to Extend Deadlines in Mediation and Scheduling Order filed by MICHAEL DUBOIS, CHARLES SMITH (tss, Gainesville) (Entered: 12/17/2003)

Dec. 17, 2003

Dec. 17, 2003

58

ORDER granting 56 Motion to Modify the Scheduling Order; new deadlines established and reset: 12/19/03 Mediator Selection deadline, 2/1/04 Discovery deadline, 1/20/04 Plaintiffs' Expert Report service deadline; 2/9/04 Mediation deadline, 2/20/04 Defendants' Expert Report service deadline; 3/8/04 Expert depositions completion deadline, 4/8/04 Motions filing deadline and 6/24/04 Tallahassee Trial date reset. Signed by Judge STEPHAN P MICKLE. (llt, Gainesville) (Entered: 12/20/2003)

Dec. 18, 2003

Dec. 18, 2003

Set/Reset Scheduling Order Deadlines: Discovery due by 2/2/2004. Motions due by 4/8/2004. (llt, Gainesville) (Entered: 12/20/2003)

Dec. 20, 2003

Dec. 20, 2003

Set Deadlines/Hearings: Mediation to take place by 2/9/2004 (llt, Gainesville) (Entered: 12/20/2003)

Dec. 20, 2003

Dec. 20, 2003

Set/Reset Trial Management Order Deadlines: Bench Trial reset for 6/24/2004 08:30 AM before JUDGE STEPHAN P MICKLE pursuant to order [doc 58] extending deadlines and continuing trial. (llt, Gainesville) (Entered: 12/22/2003)

Dec. 22, 2003

Dec. 22, 2003

59

NOTICE of Hearing: Bench Trial reset for 6/21/2004 08:30 AM before JUDGE STEPHAN P MICKLE. (tss, Gainesville) (Entered: 01/06/2004)

Jan. 6, 2004

Jan. 6, 2004

60

ATTORNEY TIME RECORDS for December, 2003 by attorneys for plaintiffs MICHAEL DUBOIS, MELVIN M, CHARLES SMITH, Andrea Costello and Peter Sleasman. (llt, Gainesville) (Entered: 01/19/2004)

Jan. 15, 2004

Jan. 15, 2004

61

ATTORNEY TIME RECORDS for December, 2003 by attorneys for plaintiffs MICHAEL DUBOIS, MELVIN M, CHARLES SMITH, Jane Perkins and Sarah Somers. (llt, Gainesville) (Entered: 01/19/2004)

Jan. 15, 2004

Jan. 15, 2004

62

MOTION for Extension of Time to Complete Discovery by MICHAEL DUBOIS, MELVIN M, CHARLES SMITH. (COSTELLO, ANDREA) (Entered: 01/27/2004)

Jan. 27, 2004

Jan. 27, 2004

63

NOTICE by JOHN O AGWUNOBI, RHONDA MEDOWS re 62 MOTION for Extension of Time to Complete Discovery (WAAS, GEORGE) (Entered: 01/28/2004)

Jan. 28, 2004

Jan. 28, 2004

ACTION REQUIRED BY CHAMBERS: Chambers of Judge Stephan P. Mickle notified that action is needed Re: 62 MOTION for Extension of Time to Complete Discovery filed by MICHAEL DUBOIS, CHARLES SMITH, MELVIN M and 63 Notice (response) filed by JOHN O AGWUNOBI, RHONDA MEDOWS (tss, Gainesville) Modified on 1/29/2004 (tss, Gainesville). (Entered: 01/28/2004)

Jan. 28, 2004

Jan. 28, 2004

64

RESPONSE in Support re 62 MOTION for Extension of Time to Complete Discovery and Defs' Notice to the Court filed by MICHAEL DUBOIS, MELVIN M, CHARLES SMITH. (COSTELLO, ANDREA) (Entered: 02/03/2004)

Feb. 3, 2004

Feb. 3, 2004

65

REPLY to Response to Motion re 62 MOTION for Extension of Time to Complete Discovery filed by JOHN O AGWUNOBI, RHONDA MEDOWS. (WAAS, GEORGE) (Entered: 02/05/2004)

Feb. 5, 2004

Feb. 5, 2004

ACTION REQUIRED BY CHAMBERS: Chambers of Judge Stephan P. Mickle notified that action is needed Re: 65 Reply to Response to Motion filed by JOHN O AGWUNOBI, RHONDA MEDOWS (tss, Gainesville) (Entered: 02/06/2004)

Feb. 6, 2004

Feb. 6, 2004

67

ORDER granting 62 MOTION for Extension of Time to Complete Discovery filed by MICHAEL DUBOIS, CHARLES SMITH, MELVIN M − Discovery due by 4/2/2004; Dispositive Motions to be filed by 6/4/2004; Bench Trial set for 7/19/2004 08:30 AM before JUDGE STEPHAN P MICKLE; Mediation Report due by 4/16/2004 − Signed by Judge STEPHAN P MICKLE on 2/11/04. (tss, Gainesville) (Entered: 02/11/2004)

Feb. 11, 2004

Feb. 11, 2004

68

DOCKET ANNOTATION BY COURT: Doc 66 , Docket Annotation, is corrected as following, [Doc 65] is the exact same pleading as [doc 63]* (not doc 64)* (llt, Gainesville) (Entered: 02/12/2004)

Feb. 12, 2004

Feb. 12, 2004

69

First MOTION to Extend Time re Trial Date by JOHN O AGWUNOBI. (WAAS, GEORGE) (Entered: 02/13/2004)

Feb. 13, 2004

Feb. 13, 2004

70

First MOTION to Withdraw as Attorney Charles Finkel by JOHN O AGWUNOBI. (WAAS, GEORGE) (Entered: 02/17/2004)

Feb. 17, 2004

Feb. 17, 2004

71

NOTICE by MICHAEL DUBOIS, MELVIN M, CHARLES SMITH of Filing of January, 2004 Time Records (COSTELLO, ANDREA) (Entered: 02/17/2004)

Feb. 17, 2004

Feb. 17, 2004

72

NOTICE by MICHAEL DUBOIS, MELVIN M, CHARLES SMITH of Filing of January, 2004 Time Records (COSTELLO, ANDREA) (Entered: 02/17/2004)

Feb. 17, 2004

Feb. 17, 2004

MOTIONS REFERRED to Judge Judge Kornblum: 70 First MOTION to Withdraw as Attorney Charles Finkel (llt, Gainesville) (Entered: 02/18/2004)

Feb. 18, 2004

Feb. 18, 2004

73

DOCKET ANNOTATION BY COURT: Counsel for Defendant, Mr. Finkel, will file a separate Motion for Withdrawal, which was included in within the Motion to Extend Trial Date doc 69 . (llt, Gainesville) (Entered: 02/18/2004)

Feb. 18, 2004

Feb. 18, 2004

ACTION REQUIRED BY CHAMBERS: Chambers of Mickle notified that action is needed Re: 69 Unopposed MOTION to Extend 7/19/04 Trial Date to 8/9/04 filed by JOHN O AGWUNOBI (Withdrawal of Attorney Finkel, included within this motion,to be filed separately as another motion) (llt, Gainesville) (Entered: 02/18/2004)

Feb. 18, 2004

Feb. 18, 2004

ACTION REQUIRED BY CHAMBERS: Chambers of Magistrate Judge Allan Kornblum notified that action is needed Re: 70 First MOTION to Withdraw as Attorney Charles Finkel filed by JOHN O AGWUNOBI (tss, Gainesville) (Entered: 02/19/2004)

Feb. 19, 2004

Feb. 19, 2004

74

ORDER granting 70 Motion for Charles Finkel to Withdraw as Defendants' Co−Counsel. Attorney CHARLES ALAN FINKEL terminated . Signed by Judge ALLAN KORNBLUM. (llt, Gainesville) (Entered: 02/20/2004)

Feb. 20, 2004

Feb. 20, 2004

75

ORDER granting 12 Motion for Class Certification, denying 20 Motion to Dismiss the Complaint, and granting 22 Motion for Extension of Time to Respond to 20 Motion to Dismiss the Complaint − response was considered;signed by Judge STEPHAN P MICKLE. (tss, Gainesville) (Entered: 03/02/2004)

March 1, 2004

March 1, 2004

76

ORDER granting 69 First MOTION to Extend Time re Trial Date filed by JOHN O AGWUNOBI; Bench Trial reset for 8/16/2004 at 08:30 AM before JUDGE STEPHAN P MICKLE;signed by Judge STEPHAN P MICKLE on 3/2/04. (tss, Gainesville) (Entered: 03/02/2004)

March 2, 2004

March 2, 2004

77

Defendants Medows' and Agwunobi's ANSWER to Complaint And Affirmative Defenses by JOHN O AGWUNOBI.(WAAS, GEORGE) (Entered: 03/08/2004)

March 8, 2004

March 8, 2004

79

NOTICE by JOHN O AGWUNOBI Of Trial Schedule Conflict (WAAS, GEORGE) (Entered: 03/23/2004)

March 23, 2004

March 23, 2004

ACTION REQUIRED BY CHAMBERS: Chambers of Paul notified that action is needed Re: 79 Notice Of 8/16/04 Trial Date Conflict filed by JOHN O AGWUNOBI (llt, Gainesville) (Entered: 03/23/2004)

March 23, 2004

March 23, 2004

80

NOTICE by RHONDA MEDOWS Defendants' Notice of Trial Conflict (WAAS, GEORGE) (Entered: 04/01/2004)

April 1, 2004

April 1, 2004

Case Details

State / Territory: Florida

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Olmstead Cases

Multi-LexSum (in sample)

Key Dates

Filing Date: April 11, 2003

Closing Date: 2007

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A group of individuals with brain or spinal cord injuries who were on the waiting list for the Brain or Spinal Cord Injury Medicaid Home and Community Based Waiver Program.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

State of Florida, State

Case Details

Causes of Action:

42 U.S.C. § 1983

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

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

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

Constitutional Clause(s):

Due Process

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $245,000

Issues

Benefit Source:

Medicaid