Case: O'Toole v. Cuomo & U.S. v. New York (formerly Disability Advocates Inc. (DAI) v. Pataki)

1:13-cv-04166 | U.S. District Court for the Eastern District of New York

Filed Date: June 30, 2003

Case Ongoing

Clearinghouse coding complete

Case Summary

This Clearinghouse entry describes two closely entwined lawsuits: O'Toole v. Cuomo, U.S. v. New York, and Disability Advocates Inc. v. Pataki. On June 30, 2003, Disability Advocates, Inc. (DAI) filed a lawsuit on behalf of New York residents in large "adult homes," privately owned but state-funded facilities for individuals with mental illness or other disabilities, and on behalf of all individuals at risk of being institutionalized in adult homes. Plaintiffs filed their case in the U.S. Distr…

This Clearinghouse entry describes two closely entwined lawsuits: O'Toole v. Cuomo, U.S. v. New York, and Disability Advocates Inc. v. Pataki.


On June 30, 2003, Disability Advocates, Inc. (DAI) filed a lawsuit on behalf of New York residents in large "adult homes," privately owned but state-funded facilities for individuals with mental illness or other disabilities, and on behalf of all individuals at risk of being institutionalized in adult homes. Plaintiffs filed their case in the U.S. District Court for the Eastern District of New York, against the Governor of New York, the State Departments of Health and Mental Health, and several other state officials. The complaint focused specifically on 26 of the adult homes in New York City, each of which housed more than 120 people and where at least 25%, and often more than 75%, of the residents had mental illnesses. The complaint compared the treatment received by mentally ill individuals who had been discharged and placed in community-based supported housing or other integrated living settings with those individuals placed in the adult homes, where personal freedom, choice, and privacy were limited, as were opportunities to interact with family and non-mentally ill persons. Recreational programming and personal rights were often non-existent. The adult homes were alleged to present frequent health, safety, and sanitation violations. The complaint also alleged instances of home operators and other staff taking financial or other improper advantage of mentally ill residents, as well participating in schemes to excessively bill the State. In addition to Plaintiff organization's own attorneys, Plaintiffs were represented by lawyers from a large private firm and from the Bazelon Center for Mental Health Law, the New York Lawyers for the Public Interest, MFY Legal Services, Inc., and the Urban Justice Center.

The DAI complaint alleged that the decision to discharge mentally ill patients from hospitals to adult homes resulted from the state's unlawfully insufficient provisioning for supported housing. Plaintiffs also contended that increasing the capacity of supported housing settings would be of equal or lower cost to the State than maintaining the adult homes. The complaint cited state and city evaluative reports and prominent newspaper articles that indicated the State had known for at least 25 years that the living conditions and quality of care and life in the adult homes were inadequate. The Plaintiffs estimated that at least half of adult home residents with mental illness could live community-integrated settings successfully.

The DAI case alleged that the State violated the Americans with Disabilities Act ("ADA") and the Rehabilitation Act by discriminating against persons with disabilities by failing to administer medically necessary services and programs in the most integrated setting, and by failing to make reasonable and appropriate accommodations for these persons, in violation of 42 U.S.C. § 12131 and 28 C.F.R. § 35.130 (Title II of the ADA and its implementing regulations) and of 29 U.S.C § 794 (Section 504 of the Rehabilitation Act). The ADA, as interpreted by the Supreme Court in the landmark decision Olmstead v. L.C., 527 U.S. 581 (1999), mandates that disabled persons, including those individuals with serious mental illnesses, not be subjected to "unjustified isolation" and that government services providing medically necessary care be provided "in the most integrated setting appropriate to [the patients'] needs." Plaintiffs sought declaratory and injunctive relief, as well as an award of attorneys' fees and costs.

On April 29, 2004, the first judge assigned, Robert M. Levy, granted Defendants' motion for recusal in light of his prior service on the Plaintiff organization's board of directors and past employment with New York Lawyers for the Public Interest. The case was reassigned.

On February 19, 2009, the Court (Judge Nicholas G. Garaufis) denied the parties' cross motions for summary judgment. The Court found that DAI had standing to bring the suit, that Title II applied to DAI's claims, and that the Governor was a proper party. On May 8, 2009, the Court ruled on various motions in limine. Disability Advocates, Inc. v. Paterson, 2009 WL 1312112 (E.D.N.Y. May 8, 2009).

Following a five week bench trial, the Court issued its Findings of Fact and Conclusions of Law on September 9, 2009. The Court found that DAI had proven by a preponderance of the evidence that its constituents were not receiving services in the most integrated setting appropriate to their needs and had thus established a violation of the integration mandate of the ADA and the Rehabilitation Act. As a result, the Court held that DAI was entitled to declaratory and injunctive relief. Disability Advocates, Inc. v. Paterson, 653 F. Supp. 2d 184 (E.D.N.Y. 2009).

In response, three parties moved to intervene in the action: the United States, represented by attorneys from the Department of Justice Civil Rights Division; the Empire State Association of Assisted Living; and the New York Coalition for Quality Assisted Living. On November 23, 2009, the Court granted the United States' motion to intervene. Disability Advocates, Inc. v. Paterson, 2009 WL 450631 (E.D.N.Y. Nov. 23, 2009). The Court denied the other two parties' motions on December 23, 2009. Disability Advocates, Inc. v. Paterson, 2009 WL 5185807 (E.D.N.Y. Dec. 23, 2009).

The Court issued a remedial order and judgment on March 1, 2010. The Order detailed Defendants' future obligations and ordered Defendants to pay Plaintiffs' attorneys fees and costs. The Court denied Defendants' motion for a stay pending appeal on March 11, 2010. Disability Advocates, Inc. v. Paterson, 2010 WL 933750 (E.D.N.Y. Mar. 11, 2010).

Defendants appealed, and on May 31, 2012, the U.S. Court of Appeals for the Second Circuit vacated the judgment of the District Court and dismissed the action. The Second Circuit found that the primary plaintiff in the case, Disability Advocates, Inc., did not have standing under Article III of the U.S. Constitution. Among other standing requirements, the Supreme Court has held that organizations seeking to assert the injuries of their members or constituents must show that they sufficiently represent the interests of those constituents and that the constituents have some control over the actions of the representative body. In New York, DAI was a contractor of the state's federally mandated Protection and Advocacy (P&A) System. Although other circuits are split on the issue of whether the state P&A can stand in for individuals with disabilities for the purpose of Article III standing, the Second Circuit found that DAI's status as a contractor of the P&A system makes it an inadequate stand-in for the people it seeks to represent. The Court also found that although the United States could sue to enforce its statutes, the federal government's late intervention in the case (nearly 7 years after it was filed) did not cure the standing problem.

The Second Circuit Court decision formally ended the DAI case. However, after that decision was announced, the plaintiffs--both DAI and the United States--decided to refile the litigation to solve the standing problem. Private plaintiffs were recruited, and DAI switched its role to be among the plaintiffs' counsel, along with Bazelon Center for Mental Health Law, Mobilization for Justice, Urban Justice Center, New York Lawyers for Public Interest, and Disability Rights New York.

Both the private plaintiffs and the United States then filed nominally new litigation on July 23, 2013: O'Toole v. Cuomo, 13-cv-04166 and United States v. New York, 13-cv-04165, simultaneously with a negotiated settlement. In addition, they filed a request that the case be assigned to Judge Garaufis, saying that the case presented nearly identical facts to that in DAI, thereby saving judicial resources.

On August 8, 2013, a group representing 19 of the impacted homes asked the court to delay its decision regarding the proposed settlement until it had time to confer with the parties. The group argued that they disagreed with the underlying premise of the proposed agreement; namely with the contention that the presence of mentally ill persons in adult homes violated the ADA and the Olmstead mandate. The potential intervenors also alleged that they were wrongfully denied the opportunity to participate in negotiation proceedings before the proposed settlement was filed. Finally, they listed several disagreements with the substantive components of the proposed settlement, claiming that it would pressure and coerce residents into leaving adult homes and would ignore the rights of adult home operators. Judge Garaufis did not respond to the adult home operators’ objections at this time.

On October 10, 2013, the court issued an order finding that the parties’ proposed agreement did not include sufficient mechanisms for the court to monitor and supervise its implementation. In accordance with the order, the parties submitted a proposed modification to the agreement on December 10, 2013. On January 14, 2014, counsel for the group of adult homes submitted a letter to the court asking it to modify the proposed consent judgment because of continued disagreement with its terms. Nonetheless, on January 30, 2014, the parties submitted an amended stipulated settlement agreement. The terms were similar to those in the original agreement, but included additional mechanisms for court monitoring.

In the meantime, on November 20, 2013, Judge Garaufis certified the plaintiff class, defined as persons with serious mental illness residing in NYC Adult Homes. After fairness hearings, on March 17, 2014, the court issued final approval of the modified settlement agreement, finding it to be fair and reasonable. Regarding the objections of the adult home operators, the court found that, as non-parties to the case who had not formally intervened, the operators did not have standing to object to the settlement. Nonetheless, Judge Garaufis addressed each of their concerns in the March 17 Order, and concluded that the Agreement adequately addressed each of them.

The terms of the court-enforced settlement provided individuals with mental illness residing in twenty-three New York City adult homes the option of transferring to community-based supported housing in the most integrated setting possible. It required that those opting for the transfers have access to flexible support services and community-based mental health care suited to their individual needs. At the time of the settlement, approximately 4000 individuals were eligible for these transfers. The State agreed to provide funding for 950 such housing units scattered throughout the Bronx and Staten Island, with 1050 more units in Queens and Kings Counties. Individuals with mental illness that rendered them a danger to themselves or others were not eligible for supported housing. The Agreement also required that all adult home residents be assessed for eligibility in the supported housing program within five years of the effective date of the settlement, with housing providers conducting “in-reach” to explain housing options to residents. It mandated that State compliance be monitored by an Independent Reviewer, who would make annual reports on the implementation of the settlement terms and who would otherwise observe, review, report findings, and make recommendations to the parties. The Court's retention of jurisdiction was set to expire after the fifth and final report of the Reviewer, unless the Plaintiffs alleged non-compliance or the parties agreed to extend the agreement. In addition, the parties were required to submit quarterly reports. Finally, the settlement provided $200,000 in attorneys' fees and costs for the DIA v. Pataki plaintiffs' legal expenses.

From the time the order was approved until April 2015, the State filed quarterly status reports on its implementation of the agreement without apparent incident. However, in May 2015, the Independent Reviewer filed a notice stating that the team had experienced difficulty obtaining access to various records it needed to accurately review the State’s progress. Accordingly, the Independent Reviewer filed a Proposed Order regarding its access to records to ensure that his team would have the records access it needed. The court issued the Order, mandating that the involved entities provide any records requested by the Independent Reviewer for monitoring and compliance purposes.

The first status report of the Independent Reviewer generally indicated that progress was slow. However, in February 2016, representatives for several of the adult homes again submitted a letter to the court claiming that various pieces of information had been withheld during status reports and status conferences. Specifically, the letter claimed that, because of pressure to move residents out of adult homes at a faster pace, some residents who were inappropriate candidates for supported living had been moved out of their group homes and suffered adverse consequences. After receiving the letter, the court ordered the parties to discuss the allegations at their next status conference.

The next annual report filed by the Independent Reviewer indicated that the State had made significant strides and that, contrary to the adult home operators’ contentions, those who had transitioned into the community were generally doing well and were happy with their decisions. As far as areas for improvement, the report indicated that the pace of transition was still lagging and that additional support for transitions and in-reach was needed.

On February 28, 2017, the New York State Office of the Attorney General (OAG) moved to withdraw as counsel for the defendants in this case and related cases, citing fundamental disagreements between counsel and Defendants and stating that Defendants had made it unreasonably difficult to represent them.

The problems cited by OAG arose out of a separate but related New York case, Doe v. Zucker, litigated in Albany, in which a former resident of an adult home moved for a temporary restraining order (TRO) enjoining the enforcement of certain regulations that arose in conjunction with the Settlement Agreement in this case, because those regulations had prevented Doe's plaintiff from returning to an adult home, even though that's what he wanted. Specifically, the challenged regulations restricted adult homes’ ability to accept new residents. OAG represented State defendants in that case. OAG claimed that the State defendants informed counsel of their intention to support the injunction against their own regulations the morning of the TRO hearing, and that the State had apparently been communicating with the adult home operators without notifying OAG. At the hearing in Doe v. Zucker, OAG counsel neither supported nor opposed the issuance of the TRO, but deferred to their clients. A week later, OAG appeared at a status conference for the present case. Judge Garaufis asked the Attorney General to explain why the office had apparently supported the TRO in the Albany case but was simultaneously defending the regulations in this case. OAG contended that it did not in fact support the implementation of the TRO in Albany, but that it had been blindsided by its clients’ actions. As such, OAG maintained that it was necessary to withdraw as counsel in the federal case.

At a hearing on March 22, 2017, Judge Garaufis expressed serious concern that matters so closely related to the settlement were being litigated at the state level without his knowledge--the State never informed him of the proceedings. He explained that it seemed that the State had conspired with the adult home operators to attempt to thwart the regulations limiting admittance to adult homes. He ordered the parties to engage in discovery regarding the OAG’s and the State’s actions leading up to the issuance of the TRO in Doe and scheduled a hearing on OAG’s motion to withdraw for May 17, 2017. He also ordered OAG to inform the state court in Doe v. Zucker about the existence of the settlement and that, because the case was moot, the TRO should be rescinded.

Further complicating matters, the TRO issued by the state court in Doe v. Zucker triggered an obligation in the Settlement Agreement for the parties to meet and confer if enforcement of any of the regulations pertinent to the Agreement was stayed. The Agreement required that, in such a case, if the parties were unable to agree on modifications within 120 days, the entire Agreement would be null and void.

For reasons that are unclear, OAG withdrew its motion to withdraw as counsel for Defendants on May 4, 2017. The same day, the parties filed a stipulated order to modify the Agreement. The stipulation indicated that the parties agreed to delete the section of the Settlement Agreement that required the parties to meet and modify the agreement in the event of a stay of enforcement of any pertinent regulations. It also indicated that the parties could continue to negotiate possible additional revisions. Judge Garaufis granted the order on May 18 in lieu of having a hearing on May 17.

As a separate matter, because Doe v. Zucker was just one of several cases brought by former residents of adult homes and adult home operators to enjoin enforcement of the regulations that arose out of the actions in NY v. U.S., Judge Garaufis became concerned that the class members in such cases were being manipulated into bringing suits against the State without fully understanding the situation or, in some cases, without consent. As a result, on June 15, 2017, he appointed guardians ad litem for the class members who were named as plaintiffs in this group of lawsuits.

In early December 2017, the parties were ordered to reenter mediation under the supervision of Magistrate Judge Steven Tiscione. While the United States and class counsel were against it, defendants wanted a short time to negotiate for a revised settlement agreement. They were directed to submit a report to Judge Garaufis no later than February 7, 2018 detailing the outcome of the negotiations. By that time, parties submitted a joint motion for extension of time to negotiate, but Judge Garaufis denied that motion.

On March 12, the United States submitted a motion to approve the settlement agreement. Four days later the U.S. submitted a supplement to the Second Amended Stipulation and Order of Settlement (from May 4, 2017). A month later, Judge Garaufis preliminarily approved the agreement, final approval pending a fairness hearing that took place in June. On September 6, 2018, the court granted final approval and the supplementary was also granted. The agreements provided for a quality assurance program, more specific timelines and thresholds for measuring task compliance, and a shift in lodging responsibilities, among many other provisions.

Relatively little has occurred in the way of litigation since the September 2018 approval. The state continues to submit monthly status reports and the Independent Review team submits yearly reports. The most recent report, the 6th Annual Report, was filed on April 1, 2020. The report states that, while some reforms have been made, "structural and process problems still exist," especially in that many members of the class do not wish to move to community services. The report claims that this is likely due to family members discouraging them from that choice.

The case is ongoing as of June 29, 2020.

Summary Authors

Haley Waller (4/8/2011)

Beth Kurtz (4/24/2013)

Alex Colbert-Taylor (7/25/2013)

Kristen Sagar (1/1/2009)

Jack Hibbard (6/29/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/7813930/parties/otoole-v-hochul/


Judge(s)
Attorney for Plaintiff

Barkoff, Alison (District of Columbia)

Attorney for Defendant

Abramowitz, Amy L. (New York)

Expert/Monitor/Master/Other

Alessi, Robert J. (New York)

Bagenstos, Samuel R. (District of Columbia)

Barber, Hugh (Connecticut)

Judge(s)

Cabranes, José Alberto (Connecticut)

Garaufis, Nicholas (New York)

Go, Marilyn D. (New York)

Levy, Robert M. (New York)

show all people

Documents in the Clearinghouse

Document

03-cv-03209

Docket [PACER]

Disability Advocates, Inc. v. Pataki

March 25, 2013

March 25, 2013

Docket

13-cv-04165

Docket (PACER)

United States of America v. State of New York

June 22, 2017

June 22, 2017

Docket
1

03-cv-03209

COMPLAINT

Disability Advocates v. Pataki

June 30, 2003

June 30, 2003

Complaint
41

03-cv-03209

MEMORANDUM AND ORDER

Disability Advocates v. Pataki

April 29, 2004

April 29, 2004

Order/Opinion
46

03-cv-03209

PROTECTIVE ORDER

Disability Advocates v. Pataki

May 19, 2004

May 19, 2004

Order/Opinion
172

03-cv-03209

MEMORANDUM OF LAW IN SUPPORT OF DEFENDANTS' MOTION FOR SUMMARY JUDGMENT

Disability Advocates v. Spitzer

Aug. 10, 2007

Aug. 10, 2007

Pleading / Motion / Brief
176-1

03-cv-03209

MEMORANDUM OF LAW IN SUPPORT OF DISABILITY ADVOCATES, INC.'S MOTION FOR PARTIAL SUMMARY JUDGMENT

Disability Advocates v. Spitzer

Aug. 10, 2007

Aug. 10, 2007

Pleading / Motion / Brief
200

03-cv-03209

DISABILITY ADVOCATES, INC.’S MEMORANDUM OF LAW IN OPPOSITION TO DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT

Disability Advocates v. Spitzer

Dec. 3, 2007

Dec. 3, 2007

Pleading / Motion / Brief
220

03-cv-03209

MEMORANDUM OF LAW IN SUPPORT OF DEFENDANTS' MOTION TO STRIKE EVIDENCE

Disability Advocates v. Spitzer

Jan. 31, 2008

Jan. 31, 2008

Pleading / Motion / Brief
218

03-cv-03209

REPLY MEMORANDUM OF LAW IN SUPPORT OF DEFENDANTS' MOTIONS FOR SUMMARY JUDGMENT AND TO EXCLUDE TESTIMONY, REPORTS AND OPINIONS OF PLAINTIFF'S EXPERT WITNESSES

Disability Advocates v. Spitzer

Jan. 31, 2008

Jan. 31, 2008

Pleading / Motion / Brief

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/7813930/otoole-v-hochul/

Last updated Jan. 9, 2024, 2:07 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Andrew M. Cuomo, Nirav R. Shah, The New York State Department of Health, The New York State Office of Mental Health, Kristin M. Woodlock Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by Raymond O'Toole, Steven Farrell, Ilona Spiegel. (Attachments: # 1 Civil Cover Sheet) (Davis, Kimberly) (Entered: 07/23/2013)

July 23, 2013

July 23, 2013

PACER
2

Summons Issued as to Andrew M. Cuomo, Nirav R. Shah, The New York State Department of Health, The New York State Office of Mental Health, Kristin M. Woodlock. (Davis, Kimberly) (Entered: 07/23/2013)

July 23, 2013

July 23, 2013

PACER

FILING FEE: $ 400, receipt number 4653061786 (Davis, Kimberly)

July 23, 2013

July 23, 2013

PACER
3

In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link:http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Davis, Kimberly) (Entered: 07/23/2013)

July 23, 2013

July 23, 2013

PACER
4

ORDER REASSIGNING CASE. Case reassigned to Judge Nicholas G. Garaufis and Magistrate Judge Marilyn D. Go for all further proceedings. Judge Dora Lizette Irizarry, Magistrate Judge Lois Bloom no longer assigned to case. Ordered by Chief Judge Carol Bagley Amon on 7/23/2013. (Davis, Kimberly) (Entered: 07/23/2013)

July 23, 2013

July 23, 2013

PACER
5

UNSIGNED Stipulation and Order of Settlement. The parties agree that it is in their mutual interest to avoid the time, expense, and risk of litigation and hereby resolve the allegations by entering into this agreement. (Greene, Donna) (Entered: 07/23/2013)

July 23, 2013

July 23, 2013

PACER
6

NOTICE of Appearance by Barbara K. Hathaway on behalf of Andrew M. Cuomo, Nirav R. Shah, The New York State Department of Health, The New York State Office of Mental Health, Kristin M. Woodlock (aty to be noticed) (Hathaway, Barbara) (Entered: 08/01/2013)

Aug. 1, 2013

Aug. 1, 2013

PACER
7

NOTICE of Appearance by Katherine Brady Dirks on behalf of Andrew M. Cuomo, Nirav R. Shah, The New York State Department of Health, The New York State Office of Mental Health, Kristin M. Woodlock (aty to be noticed) (Dirks, Katherine) (Entered: 08/01/2013)

Aug. 1, 2013

Aug. 1, 2013

PACER
8

Letter dated 7/31/2013 to Judge Garaufis from potential intervenors, requesting that the Court not approve the Proposed Stipulation of Settlement at this time. (Lee, Tiffeny) (Entered: 08/08/2013)

Aug. 8, 2013

Aug. 8, 2013

PACER
9

Letter re: Objection to Proposed Settlement by Steven Farrell, Raymond O'Toole, Ilona Spiegel (Gordon, Andrew) (Entered: 08/08/2013)

Aug. 8, 2013

Aug. 8, 2013

PACER

ORDER: The court will hold an initial conference in this matter on Tuesday, August 20, 2013, at 11:00 a.m. Ordered by Judge Nicholas G. Garaufis on 8/9/2013. (Edelman, Keith)

Aug. 9, 2013

Aug. 9, 2013

PACER

Email Notification Test - DO NOT REPLY (Lee, Tiffeny)

Aug. 20, 2013

Aug. 20, 2013

PACER

Minute Entry for proceedings held before Judge Nicholas G. Garaufis: Initial Conference Hearing held on 8/20/2013. Counsel for all parties present. The court consolidated United States v. New York, 13-CV-4165, and O'Toole v. Cuomo, 13-CV-4166, without objection. In the near future, the parties will (1) file an unopposed motion for class certification, without a memorandum of law; (2) provide the court with the details concerning an upcoming fairness hearing, including the proposed notice to potential class members; and (3) confer and report to the court about the provisions of the Proposed Stipulation and Order of Settlement discussed at the hearing. (Court Reporter Holly Driscoll) (Edelman, Keith)

Aug. 20, 2013

Aug. 20, 2013

PACER

Cases associated: Create association to 1:13-cv-04165-NGG-MDG. (Lee, Tiffeny)

Aug. 20, 2013

Aug. 20, 2013

PACER

Case Consolidated. Associated Cases: 1:13-cv-04165-NGG-MDG, 1:13-cv-04166-NGG-MDG (Lee, Tiffeny)

Aug. 20, 2013

Aug. 20, 2013

PACER
10

Letter dated 8/21/2013 to Judge Garaufis from Harold Iselin, Esq., representing potential intervenors, re proposed consent judgment. Associated Cases: 1:13-cv-04165-NGG-MDG, 1:13-cv-04166-NGG-MDG (Lee, Tiffeny) (Entered: 08/23/2013)

Aug. 23, 2013

Aug. 23, 2013

PACER
11

Letter MOTION for Settlement / Modifying Settlement Agreement by Andrew M. Cuomo, Steven Farrell, Raymond O'Toole, Nirav R. Shah, Ilona Spiegel, The New York State Department of Health, The New York State Office of Mental Health, Kristin M. Woodlock, State of New York, United States of America. Associated Cases: 1:13-cv-04165-NGG-MDG, 1:13-cv-04166-NGG-MDG (Gordon, Andrew) (Entered: 09/16/2013)

Sept. 16, 2013

Sept. 16, 2013

PACER
12

ORDER re (11) Motion for Settlement in case 1:13-cv-04165-NGG-MDG; and (11) Motion for Settlement in case 1:13-cv-04166-NGG-MDG. Some modifications proposed in the September 16, 2013, letter resolve prior deficiencies, and the court accepts proposed modifications 1 and 2. However, the Settlement Agreement still does not sufficiently establish mechanisms to enable court supervision of the settlement. Settlement agreements in similar Olmstead cases have established a more explicit and unrestricted monitoring role for the courts involved, and the agreements in these cases are instructive templates, see Order. If the parties have objections to provisions such as the ones excerpted above (see Order), they shall raise them with the court by letter. If not, the parties shall confer and provide the court with modifications to the current Settlement Agreement adopting sufficient similar provisions. Ordered by Judge Nicholas G. Garaufis on 10/4/2013. Associated Cases: 1:13-cv-04165-NGG-MDG, 1:13-cv-04166-NGG-MDG (Lee, Tiffeny) (Entered: 10/10/2013)

Oct. 10, 2013

Oct. 10, 2013

PACER
13

MOTION to Certify Class, Appointment of Class Counsel, and Notification of Proposed Class Action Settlement by Steven Farrell, Raymond O'Toole, Ilona Spiegel. (Gordon, Andrew) (Entered: 10/16/2013)

Oct. 16, 2013

Oct. 16, 2013

PACER
14

MEMORANDUM in Support re 13 MOTION to Certify Class, Appointment of Class Counsel, and Notification of Proposed Class Action Settlement filed by Steven Farrell, Raymond O'Toole, Ilona Spiegel. (Gordon, Andrew) (Entered: 10/16/2013)

Oct. 16, 2013

Oct. 16, 2013

PACER
15

AFFIDAVIT/DECLARATION in Support re 13 MOTION to Certify Class, Appointment of Class Counsel, and Notification of Proposed Class Action Settlement filed by Steven Farrell, Raymond O'Toole, Ilona Spiegel. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J) (Gordon, Andrew) (Entered: 10/16/2013)

Oct. 16, 2013

Oct. 16, 2013

PACER
16

STIPULATION and [Proposed] Order Regarding Class Certification, Appointment of Class Counsel, and Notification of Proposed Class Action Settlement by Steven Farrell, Raymond O'Toole, Ilona Spiegel (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Gordon, Andrew) (Entered: 10/16/2013)

Oct. 16, 2013

Oct. 16, 2013

PACER
17

ORDER re 13 Motion to Certify Class, Appointment of Class Counsel, and Notification of Proposed Class Action Settlement filed by Raymond O'Toole, Ilona Spiegel, Steven Farrell: Prior to ruling on the motion, the court requires additional information in the Notice concerning provision of transportation information and assistance for class members attending the Fairness Hearing. Parties shall confer and submit modifications to the court on or before Tuesday October 29, 2013. Ordered by Judge Nicholas G. Garaufis on 10/22/2013. (Holmes, Jennifer) (Entered: 10/22/2013)

Oct. 22, 2013

Oct. 22, 2013

PACER
18

Letter regarding motion for class certification by Andrew M. Cuomo, Nirav R. Shah, The New York State Department of Health, The New York State Office of Mental Health, Kristin M. Woodlock (Hathaway, Barbara) (Entered: 10/22/2013)

Oct. 22, 2013

Oct. 22, 2013

PACER
19

Letter requesting conference by Andrew M. Cuomo, Nirav R. Shah, The New York State Department of Health, The New York State Office of Mental Health, Kristin M. Woodlock, State of New York Associated Cases: 1:13-cv-04165-NGG-MDG, 1:13-cv-04166-NGG-MDG (Hathaway, Barbara) (Entered: 10/24/2013)

Oct. 24, 2013

Oct. 24, 2013

PACER
20

Letter MOTION for Extension of Time to File Revised Proposed Class Notice and Request a Telephone Conference by Andrew M. Cuomo, Steven Farrell, Raymond O'Toole, Nirav R. Shah, Ilona Spiegel, The New York State Department of Health, The New York State Office of Mental Health, Kristin M. Woodlock. (Gordon, Andrew) (Entered: 10/28/2013)

Oct. 28, 2013

Oct. 28, 2013

PACER

ORDER granting 20 Motion for Extension of Time to File: Parties' request for an extension of time to submit modifications to the proposed notice and for a telephone conference is partially GRANTED. The parties shall raise the issue of transportation to the fairness hearing during the in-person conference before the court, currently scheduled for November 6, 2013, at 11:30 a.m. The parties' time to submit modifications to the proposed notice is extended to the date of the conference. Ordered by Judge Nicholas G. Garaufis on 10/29/2013. (Holmes, Jennifer)

Oct. 29, 2013

Oct. 29, 2013

PACER

Minute Entry for proceedings held before Judge Nicholas G. Garaufis: Status Conference held on 11/6/2013. (1) The parties advised the court that they have no objection to certification of the class; (2) the parties conferred with the court regarding a schedule for notice to class members, the fairness hearing, and interim deadlines, and the parties shall confer and propose agreed-upon dates to the court; (3) the court will review the parties' proposal regarding provision of transportation information to class members; (4) the State advised the court of its current position regarding modifications to the proposed settlement agreement. (Court Reporter Michele Nardone.) (Holmes, Jennifer)

Nov. 6, 2013

Nov. 6, 2013

PACER
21

Letter re: Revised Proposed Class Notice by Steven Farrell, Raymond O'Toole, Ilona Spiegel (Attachments: # 1 revised proposed class notice, # 2 revised cover sheet for the proposed class notice) (Gordon, Andrew) (Entered: 11/06/2013)

Nov. 6, 2013

Nov. 6, 2013

PACER
24

Letter dated 11/13/2013 to Judge Garaufis from Jeffrey Sherrin, Esq. and Harold Iselin, Esq. on behalf of certain impacted adult homes regarding proposed modifications to the settlement. Associated Cases: 1:13-cv-04165-NGG-MDG, 1:13-cv-04166-NGG-MDG (Lee, Tiffeny) (Entered: 11/20/2013)

Nov. 14, 2013

Nov. 14, 2013

PACER
22

Letter re: the court's modifications to our proposed order regarding class notice by Steven Farrell, Raymond O'Toole, Ilona Spiegel (Gordon, Andrew) (Entered: 11/19/2013)

Nov. 19, 2013

Nov. 19, 2013

PACER
23

ORDER. The parties' Proposed Settlement 5 is PRELIMINARILY APPROVED subject to modifications 1 and 2 approved by the court's October 10, 2013, Order 12 . Plaintiffs' unopposed Motion for Class Certification 13 is GRANTED, and the Stipulation and Proposed Order Regarding Class Certification, Appointment of Class Counsel, and Notification of Proposed Class Action Settlement 16 is APPROVED subject to the modifications contained in the parties' letter 22 dated November 19, 2013. A Fairness Hearing will be held before the court on January 9, 2014, at 11 a.m. in Courtroom 4D. Ordered by Judge Nicholas G. Garaufis on 11/20/2013. (Holmes, Jennifer) (Entered: 11/20/2013)

Nov. 20, 2013

Nov. 20, 2013

PACER
25

Letter responding to 11/13/13 Letter by United States of America Associated Cases: 1:13-cv-04165-NGG-MDG, 1:13-cv-04166-NGG-MDG (Lee, Nicholas) (Entered: 11/20/2013)

Nov. 20, 2013

Nov. 20, 2013

PACER
26

Letter MOTION for Settlement / Modifying Settlement Agreement by Andrew M. Cuomo, Steven Farrell, Raymond O'Toole, Nirav R. Shah, Ilona Spiegel, The New York State Department of Health, The New York State Office of Mental Health, Kristin M. Woodlock, State of New York, United States of America. Associated Cases: 1:13-cv-04165-NGG-MDG, 1:13-cv-04166-NGG-MDG (Hathaway, Barbara) (Entered: 12/10/2013)

Dec. 10, 2013

Dec. 10, 2013

PACER
27

First MOTION to Seal Names of Fairness Hearing Registrants by Steven Farrell, Raymond O'Toole, Ilona Spiegel. (Borgmann, Jota) (Entered: 12/20/2013)

Dec. 20, 2013

Dec. 20, 2013

PACER
28

Letter re: the Status of Delivery of Class Notices by Steven Farrell, Raymond O'Toole, Ilona Spiegel (Attachments: # 1 Exhibit A) (Gordon, Andrew) Modified on 1/10/2014 (Lee, Tiffeny). (Entered: 12/20/2013)

Dec. 20, 2013

Dec. 20, 2013

PACER

ORDER granting 27 Motion to Seal: (1) The parties' joint motion regarding confidentiality procedures for the fairness hearing is GRANTED IN FULL. Ordered by Judge Nicholas G. Garaufis on 12/20/2013. (Holmes, Jennifer)

Dec. 20, 2013

Dec. 20, 2013

PACER
29

Letter MOTION to Seal Document 28 Letter by Steven Farrell, Raymond O'Toole, Ilona Spiegel. (Attachments: # 1 Exhibit A) (Gordon, Andrew) (Entered: 12/23/2013)

Dec. 23, 2013

Dec. 23, 2013

PACER

ORDER granting in part and denying in part 29 Motion to Seal Document: Plaintiffs' Motion to Seal the attachment to the parties' December 20, 2013, Status Letter is GRANTED IN PART. The Clerk of Court is directed to restrict access to document 28-1 to case participants. The court shall treat the attachment to Plaintiffs' motion [29-1] as a replacement for the original attachment to the Status Letter. Ordered by Judge Nicholas G. Garaufis on 1/2/2014. (Holmes, Jennifer)

Jan. 2, 2014

Jan. 2, 2014

PACER

ORDER. Due to the voluminous nature of the anticipated filing of class members' comment letters, the court waives Individual Rule I.G requiring filings under seal to be made only in hard copy. Upon proper application, Class Counsel may file these letters under seal via ECF. Ordered by Judge Nicholas G. Garaufis on 1/7/2014. (Holmes, Jennifer)

Jan. 7, 2014

Jan. 7, 2014

PACER
30

MOTION for Settlement /Final Approval of the Proposed Settlement Agreement and Attorney's Fees by Steven Farrell, Raymond O'Toole, Ilona Spiegel. (Gordon, Andrew) (Entered: 01/08/2014)

Jan. 8, 2014

Jan. 8, 2014

PACER
31

MEMORANDUM in Support re 30 MOTION for Settlement /Final Approval of the Proposed Settlement Agreement and Attorney's Fees filed by Steven Farrell, Raymond O'Toole, Ilona Spiegel. (Gordon, Andrew) (Entered: 01/08/2014)

Jan. 8, 2014

Jan. 8, 2014

PACER
32

AFFIDAVIT/DECLARATION in Support re 30 MOTION for Settlement /Final Approval of the Proposed Settlement Agreement and Attorney's Fees filed by Steven Farrell, Raymond O'Toole, Ilona Spiegel. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8) (Gordon, Andrew) (Entered: 01/08/2014)

Jan. 8, 2014

Jan. 8, 2014

PACER
33

Letter MOTION for Leave to Electronically File Document under Seal by Steven Farrell, Raymond O'Toole, Ilona Spiegel. (Attachments: # 1 Exhibit 4, # 2 Exhibit 5, # 3 Certificate of Service) (Gordon, Andrew) (Entered: 01/08/2014)

Jan. 8, 2014

Jan. 8, 2014

PACER
34

MOTION for Leave to File an Amici Curiae Brief by Mental Health Association in New York State, Inc., New York Association of Psychiatric Rehabilitation Services, New York Association on Independent Living, National Alliance on Mental Illness of New York City, Coalition of Institutionalized Aged and Disabled, Community Access, Long Term Care Community Coalition, Mental Health Empowerment Project, Inc., Schuyler Center for Analysis and Advocacy, Venture House. (Attachments: # 1 Declaration Declaration of Antony L. Ryan in Support of the consented-to Motion of Proposed Amici Curiae to Submit an Amici Curiae Brief, # 2 Memorandum in Support Memorandum of Law of Amici Curiae Mental Health Organizations in Support of Proposed Settlement Agreement) Associated Cases: 1:13-cv-04165-NGG-MDG, 1:13-cv-04166-NGG-MDG (Ryan, Antony) (Entered: 01/09/2014)

Jan. 9, 2014

Jan. 9, 2014

PACER

Minute Entry for proceedings held before Judge Nicholas G. Garaufis: Fairness Hearing held on 1/9/2014. Introductory statement made by the court. Members of the class spoke to support or oppose the Proposed Settlement Agreement, and some provided written statements to the court. Class members have until January 14, 2014, to submit any additional written statements. The court will transmit to the parties under seal the written statements submitted by class members at the fairness hearing and any other statements received in the next five days. By January 17, 2014, the parties shall notify the court if they intend to make additional submissions for the court's consideration before its final determination on settlement. For purposes of associated case No. 13-CV-4165, the United States stated that it joins in Plaintiffs' Motion for Final Approval of the Proposed Settlement Agreement 30 . (Court Reporters Mary Agnes Drury, Lisa Schwam) (Holmes, Jennifer)

Jan. 10, 2014

Jan. 10, 2014

PACER
41

ORDER granting (17) Motion for Leave to File AMICI CURIAE BRIEF in case 1:13-cv-04165-NGG-MDG; granting (34) Motion for Leave to File AMICI CURIAE BRIEF in case 1:13-cv-04166-NGG-MDG. So Ordered by Judge Nicholas G. Garaufis on 1/10/2014. Associated Cases: 1:13-cv-04165-NGG-MDG, 1:13-cv-04166-NGG-MDG (Lee, Tiffeny) (Entered: 01/10/2014)

Jan. 10, 2014

Jan. 10, 2014

PACER
42

ORDER. Attached to this Order is the introductory statement of the court issued in connection with the Fairness Hearing. Ordered by Judge Nicholas G. Garaufis on 1/10/2014. (Holmes, Jennifer) (Entered: 01/10/2014)

Jan. 10, 2014

Jan. 10, 2014

PACER
43

MEMORANDUM in Support re (5 in 1:13-cv-04165-NGG-MDG, 5 in 1:13-cv-04166-NGG-MDG) Order of Settlement filed by Coalition of Institutionalized Aged and Disabled, Community Access, Long Term Care Community Coalition, Mental Health Association in New York State, Inc., Mental Health Empowerment Project, Inc., National Alliance on Mental Illness of New York City, New York Association of Psychiatric Rehabilitation Services, New York Association on Independent Living, Schuyler Center for Analysis and Advocacy, Venture House. Associated Cases: 1:13-cv-04165-NGG-MDG, 1:13-cv-04166-NGG-MDG (Ryan, Antony) (Entered: 01/13/2014)

Jan. 13, 2014

Jan. 13, 2014

PACER
44

ORDER re (16) Motion for Modification of Settlement in case 1:13-cv-04165-NGG-MDG; and (26) Motion for Modification of Settlement in case 1:13-cv-04166-NGG-MDG. On the basis of the parties' articulation of the proposed modification, the court GRANTS the parties' request to modify Section L of the Proposed Settlement Agreement with the language contained in the December 10, 2013, letter. The parties shall submit a revised proposed settlement agreement that incorporates this modification and the modifications approved by the court's October 10, 2013, Order. So Ordered by Judge Nicholas G. Garaufis on 1/14/2014. Associated Cases: 1:13-cv-04165-NGG-MDG, 1:13-cv-04166-NGG-MDG (Lee, Tiffeny) (Entered: 01/15/2014)

Jan. 15, 2014

Jan. 15, 2014

PACER
47

Letter dated 1/14/2014 to Judge Garaufis from Jeffrey J. Sherrin, Esq., and Harold N. Iselin, Esq., representing Adult Home Residents and concerned businesses, re proposed modifications to the settlement. Associated Cases: 1:13-cv-04165-NGG-MDG, 1:13-cv-04166-NGG-MDG (Lee, Tiffeny) (Entered: 01/17/2014)

Jan. 15, 2014

Jan. 15, 2014

PACER
48

Letter concerning additional submissions by Andrew M. Cuomo, Nirav R. Shah, The New York State Department of Health, The New York State Office of Mental Health, Kristin M. Woodlock, State of New York Associated Cases: 1:13-cv-04165-NGG-MDG, 1:13-cv-04166-NGG-MDG (Hathaway, Barbara) (Entered: 01/17/2014)

Jan. 17, 2014

Jan. 17, 2014

PACER

ORDER. The court GRANTS Defendants' request 48 to make additional submissions before the court's final ruling on settlement. Any party that intends to make an additional submission to the court regarding settlement may do so on or before February 4, 2014. Ordered by Judge Nicholas G. Garaufis on 1/17/2014. (Holmes, Jennifer)

Jan. 17, 2014

Jan. 17, 2014

PACER
49

Letter re: Plaintiffs' Intent to File a Post-Hearing Memorandum. by Steven Farrell, Raymond O'Toole, Ilona Spiegel (Gordon, Andrew) (Entered: 01/17/2014)

Jan. 17, 2014

Jan. 17, 2014

PACER
50

Letter MOTION for Leave to Electronically File Document under Seal by Steven Farrell, Raymond O'Toole, Ilona Spiegel. (Attachments: # 1 Declaration of Geoffrey Chepiga, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Certificate of Service) (Chepiga, Geoffrey) (Entered: 01/23/2014)

Jan. 23, 2014

Jan. 23, 2014

PACER
53

SETTLEMENT AGREEMENT Amended Stipulation and Order of Settlement by United States of America Associated Cases: 1:13-cv-04165-NGG-MDG, 1:13-cv-04166-NGG-MDG (Lee, Nicholas) (Entered: 01/30/2014)

Jan. 30, 2014

Jan. 30, 2014

PACER
54

Letter in Response to the January 14, 2014, letter to the Court from Jeffrey J. Sherrin and Harold N. Iselin, Dkt. 47 by Steven Farrell, Raymond O'Toole, Ilona Spiegel (Chepiga, Geoffrey) (Entered: 02/04/2014)

Feb. 4, 2014

Feb. 4, 2014

PACER
55

Letter by United States of America Associated Cases: 1:13-cv-04165-NGG-MDG, 1:13-cv-04166-NGG-MDG (Lee, Nicholas) (Entered: 02/04/2014)

Feb. 4, 2014

Feb. 4, 2014

PACER
56

Letter by Andrew M. Cuomo, Nirav R. Shah, The New York State Department of Health, The New York State Office of Mental Health, Kristin M. Woodlock, State of New York Associated Cases: 1:13-cv-04165-NGG-MDG, 1:13-cv-04166-NGG-MDG (Hathaway, Barbara) (Entered: 02/04/2014)

Feb. 4, 2014

Feb. 4, 2014

PACER
57

Letter dated 2/6/2014 to Judge Garaufis from Jeffrey J. Sherrin, Esq., and Harold N. Iselin, Esq., representing Adult Home Residents and concerned businesses, in response to letters submitted to the Court on February 4, 2014 by the plaintiff class (Dkt. No. 54), the United States (Dkt. No. 55), and the defendants (Dkt. No. 56). Associated Cases: 1:13-cv-04165-NGG-MDG, 1:13-cv-04166-NGG-MDG (Lee, Tiffeny) (Entered: 02/12/2014)

Feb. 12, 2014

Feb. 12, 2014

PACER
59

ORDER granting 30 Motion for Settlement: The court finds the proposed settlement to be fair, reasonable, and adequate. The court also finds the attorney's fees to be reasonable. Therefore Plaintiffs' Motion for Final Approval of the Proposed Settlement Agreement and Attorney's Fees in case No. 13-CV-4166 is GRANTED. For purposes of case No. 13-CV-4165, the Proposed Settlement Agreement serves as a Consent Judgment and is also APPROVED. Ordered by Judge Nicholas G. Garaufis on 3/17/2014. (Holmes, Jennifer) (Main Document 59 replaced on 3/18/2014) (Lee, Tiffeny). (Entered: 03/17/2014)

March 17, 2014

March 17, 2014

PACER

ORDER. The March 17, 2014, Memorandum and Order (Document 59 ) has been updated to correct footnote 10. Ordered by Judge Nicholas G. Garaufis on 3/18/2014. (Holmes, Jennifer)

March 18, 2014

March 18, 2014

PACER

ORDER. By April 11, 2014, the parties shall advise the court of the amount of funds for implementation of the Settlement in these actions appropriated in the budget recently passed by the New York State legislature for the Fiscal Year commencing April 1, 2014. Ordered by Judge Nicholas G. Garaufis on 4/4/2014. Associated Cases: 1:13-cv-04165-NGG-MDG, 1:13-cv-04166-NGG-MDG. (Holmes, Jennifer)

April 4, 2014

April 4, 2014

PACER
60

Letter advising the court of funds appropriated for implementation of settlement by Andrew M. Cuomo, Nirav R. Shah, The New York State Department of Health, The New York State Office of Mental Health, Kristin M. Woodlock Associated Cases: 1:13-cv-04165-NGG-MDG, 1:13-cv-04166-NGG-MDG (Hathaway, Barbara) (Entered: 04/11/2014)

April 11, 2014

April 11, 2014

PACER
61

Letter re: Response to the Court's Order dated April 4, 2014 by Steven Farrell, Raymond O'Toole, Ilona Spiegel (Chepiga, Geoffrey) (Entered: 04/11/2014)

April 11, 2014

April 11, 2014

PACER
62

STATUS REPORT by Andrew M. Cuomo, Nirav R. Shah, The New York State Department of Health, The New York State Office of Mental Health, Kristin M. Woodlock, State of New York (Attachments: # 1 Quarterly Report: Jan. 23 to Apr. 23, 2014) Associated Cases: 1:13-cv-04165-NGG-MDG, 1:13-cv-04166-NGG-MDG (Hathaway, Barbara) (Entered: 06/10/2014)

June 10, 2014

June 10, 2014

PACER

Minute Entry for proceedings held before Judge Nicholas G. Garaufis:Status Conference held on 6/20/2014. In connection with Defendants' First Quarterly Report, the parties and the Independent Reviewer provided a status update to the court about the implementation of the settlement agreement. (Court Reporter Anthony Mancuso.) Associated Cases: 1:13-cv-04165-NGG-MDG, 1:13-cv-04166-NGG-MDG (Holmes, Jennifer)

June 24, 2014

June 24, 2014

PACER
63

STATUS REPORT by Andrew M. Cuomo, Nirav R. Shah, The New York State Department of Health, The New York State Office of Mental Health, Kristin M. Woodlock, State of New York (Attachments: # 1 Appendix) Associated Cases: 1:13-cv-04165-NGG-MDG, 1:13-cv-04166-NGG-MDG (Hathaway, Barbara) (Entered: 09/30/2014)

Sept. 30, 2014

Sept. 30, 2014

Clearinghouse

Minute Entry for proceedings held before Judge Nicholas G. Garaufis: Status Conference held on 11/3/2014. In connection with Defendants' Second Quarterly Report, the parties and the Independent Reviewer provided a status update to the court regarding the implementation of the Settlement Agreement. (Court Reporter Gene Rudolph.) Associated Cases: 1:13-cv-04165-NGG-MDG, 1:13-cv-04166-NGG-MDG (Izant, Jeffrey) (Entered: 11/5/2014)

Nov. 5, 2014

Nov. 5, 2014

PACER
65

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 11/3/14, before Judge Garaufis. Court Reporter/Transcriber Rudolph. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 12/23/2014. Redacted Transcript Deadline set for 1/5/2015. Release of Transcript Restriction set for 3/2/2015. (Rudolph, Gene) (Entered: 12/02/2014)

Dec. 2, 2014

Dec. 2, 2014

PACER
66

MOTION for Extension of Time to File Quarterly Report by Andrew M. Cuomo, Nirav R. Shah, The New York State Department of Health, The New York State Office of Mental Health, Kristin M. Woodlock, State of New York. Associated Cases: 1:13-cv-04165-NGG-MDG, 1:13-cv-04166-NGG-MDG (Hathaway, Barbara) (Entered: 12/12/2014)

Dec. 12, 2014

Dec. 12, 2014

PACER
67

ORDER granting (33) Motion for Extension of Time to File in case 1:13-cv-04165-NGG-MDG; granting (66) Motion for Extension of Time to File in case 1:13-cv-04166-NGG-MDG. So Ordered by Judge Nicholas G. Garaufis on 12/12/2014. Associated Cases: 1:13-cv-04165-NGG-MDG, 1:13-cv-04166-NGG-MDG (Lee, Tiffeny) (Entered: 12/16/2014)

Dec. 16, 2014

Dec. 16, 2014

PACER
68

STATUS REPORT by Andrew M. Cuomo, Nirav R. Shah, The New York State Department of Health, The New York State Office of Mental Health, Kristin M. Woodlock, State of New York (Attachments: # 1 Status Report) Associated Cases: 1:13-cv-04165-NGG-MDG, 1:13-cv-04166-NGG-MDG (Hathaway, Barbara) (Entered: 01/16/2015)

Jan. 16, 2015

Jan. 16, 2015

PACER
69

ANNUAL REPORT submitted by Clarence J. Sundram, Independent Reviewer. (Attachments: # 1 Appendix) Associated Cases: 1:13-cv-04165-NGG-MDG, 1:13-cv-04166-NGG-MDG (Chee, Alvin) (Entered: 03/30/2015)

March 30, 2015

March 30, 2015

PACER
70

MOTION for Extension of Time to File Quarterly Report by Andrew M. Cuomo, Nirav R. Shah, The New York State Department of Health, The New York State Office of Mental Health, Kristin M. Woodlock, State of New York. Associated Cases: 1:13-cv-04165-NGG-MDG, 1:13-cv-04166-NGG-MDG (Goldberg, Jane) (Entered: 04/10/2015)

April 10, 2015

April 10, 2015

PACER
71

ORDER granting 70 Motion for Extension of Time to File Quarterly Report. Defendants' Quarterly Report due April 21, 2015. Ordered by Judge Nicholas G. Garaufis on 4/10/2015. (Day, Lori) (Entered: 04/10/2015)

April 10, 2015

April 10, 2015

PACER
72

Letter

April 17, 2015

April 17, 2015

PACER
72

Letter

April 17, 2015

April 17, 2015

PACER
72

Letter

April 17, 2015

April 17, 2015

PACER
72

Letter Regarding Budget Appropriations by Andrew M. Cuomo, Nirav R. Shah, The New York State Department of Health, The New York State Office of Mental Health, Kristin M. Woodlock, State of New York Associated Cases: 1:13-cv-04165-NGG-MDG, 1:13-cv-04166-NGG-MDG (Hathaway, Barbara) (Entered: 04/17/2015)

April 17, 2015

April 17, 2015

PACER
73

Status Report

April 21, 2015

April 21, 2015

PACER
73

Status Report

April 21, 2015

April 21, 2015

PACER
73

Status Report

April 21, 2015

April 21, 2015

PACER
73

STATUS REPORT by Andrew M. Cuomo, Nirav R. Shah, The New York State Department of Health, The New York State Office of Mental Health, Kristin M. Woodlock (Attachments: # 1 Exhibit) Associated Cases: 1:13-cv-04165-NGG-MDG, 1:13-cv-04166-NGG-MDG (Hathaway, Barbara) (Entered: 04/21/2015)

April 21, 2015

April 21, 2015

PACER
74

Notice(Other)

May 12, 2015

May 12, 2015

PACER
74

Notice(Other)

May 12, 2015

May 12, 2015

PACER
74

Notice(Other)

May 12, 2015

May 12, 2015

PACER
75

Letter

May 12, 2015

May 12, 2015

PACER
75

Letter

May 12, 2015

May 12, 2015

PACER
75

Letter

May 12, 2015

May 12, 2015

PACER
74

NOTICE by Clarence J Sundram Request for Court Order (Attachments: # 1 Proposed Order) Associated Cases: 1:13-cv-04165-NGG-MDG, 1:13-cv-04166-NGG-MDG (Sundram, Clarence) (Entered: 05/12/2015)

May 12, 2015

May 12, 2015

PACER
75

Letter regarding Independent Reviewer's Proposed Order by Andrew M. Cuomo, Nirav R. Shah, The New York State Department of Health, The New York State Office of Mental Health, Kristin M. Woodlock, State of New York Associated Cases: 1:13-cv-04165-NGG-MDG, 1:13-cv-04166-NGG-MDG (Hathaway, Barbara) (Entered: 05/12/2015)

May 12, 2015

May 12, 2015

PACER
76

COURT EXHIBIT 1: Presentation on 2015 Annual Report by Independent Reviewer. Associated Cases: 1:13-cv-04165-NGG-MDG, 1:13-cv-04166-NGG-MDG (Lee, Tiffeny) (Entered: 05/14/2015)

May 13, 2015

May 13, 2015

PACER
76

Exhibit

May 14, 2015

May 14, 2015

PACER
76

Exhibit

May 14, 2015

May 14, 2015

PACER
76

Exhibit

May 14, 2015

May 14, 2015

PACER
77

Exhibit

May 14, 2015

May 14, 2015

PACER
77

Exhibit

May 14, 2015

May 14, 2015

PACER
77

Exhibit

May 14, 2015

May 14, 2015

PACER

Status Conference

May 14, 2015

May 14, 2015

PACER

Case Details

State / Territory: New York

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Olmstead Cases

Multi-LexSum (in sample)

Key Dates

Filing Date: June 30, 2003

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Disability Advocates, Inc., on behalf of New York residents in large "adult homes," i.e., privately owned and state-funded facilities for individuals with mental illness or other disabilities.

Plaintiff Type(s):

Private Plaintiff

U.S. Dept of Justice plaintiff

Attorney Organizations:

Legal Services/Legal Aid

Bazelon Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Governor of the State of New York, State

Commissioner of the New York State Department of Health, State

Commissioner of the New York State Department of Mental Health, State

State of New York, State

Defendant Type(s):

Jurisdiction-wide

Hospital/Health Department

Case Details

Causes of Action:

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

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

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: Up to $625,000

Order Duration: 2013 - None

Content of Injunction:

Develop anti-discrimination policy

Goals (e.g., for hiring, admissions)

Provide antidiscrimination training

Recordkeeping

Monitoring

Issues

General:

Bathing and hygiene

Conditions of confinement

Deinstitutionalization/decarceration

Funding

Individualized planning

Neglect by staff

Payment for care

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

Records Disclosure

Rehabilitation

Sanitation / living conditions

Staff (number, training, qualifications, wages)

Jails, Prisons, Detention Centers, and Other Institutions:

Confinement/isolation

Habilitation (training/treatment)

Placement in mental health facilities

Assault/abuse by staff (facilities)

Disability and Disability Rights:

disability, unspecified

Integrated setting

Least restrictive environment

Mental impairment

Depression

Mental Illness, Unspecified

Schizophrenia

Discrimination-area:

Disparate Treatment

Discrimination-basis:

Disability (inc. reasonable accommodations)

Medical/Mental Health:

Mental health care, general

Mental health care, unspecified

Type of Facility:

Government-run

Benefit Source:

Medicaid