Case: Emily Q. v. Bonta

2:98-cv-04181 | U.S. District Court for the Central District of California

Filed Date: May 27, 1998

Closed Date: Sept. 15, 2011

Clearinghouse coding complete

Case Summary

On May 27, 1998 a group of seven children with intensive mental health needs who were eligible for Medi-Cal benefits filed suit against the California Department of Health Services in the Federal District Court for the Central District of California alleging violations of the Medicaid Act. They contended they were entitled under federal law to mental health benefits that were being denied to them, specifically Therapeutic Behavioral Services (TBS). They sought injunctive relief requiring that t…

On May 27, 1998 a group of seven children with intensive mental health needs who were eligible for Medi-Cal benefits filed suit against the California Department of Health Services in the Federal District Court for the Central District of California alleging violations of the Medicaid Act. They contended they were entitled under federal law to mental health benefits that were being denied to them, specifically Therapeutic Behavioral Services (TBS). They sought injunctive relief requiring that the defendant cover TBS.

On February 24, 1999 the district court (Judge William D. Keller) issued a preliminary injunction requiring that the defendant acknowledge that the Medi-Cal program covered TBS, implement procedures whereby plaintiffs could request TBS, and inform members of the putative class that they could request TBS. On May 4, 1999 the district court (Judge Keller) certified a state-wide class consisting of all current and future beneficiaries of the Medi-Cal Medicaid program under the age of 21 who were placed in a locked facility or a particular type of group home for the treatment of mental health needs, were being considered for such placement, or had undergone one or more psychiatric hospitalizations related the their disability in the previous two years.

On July 23, 1999 the defendant stipulated to judgment for the plaintiffs on all claims. Thereafter the dispute concerned the appropriate remedy as the parties were unable to reach an agreement as to several specific issues related to how TBS could be requested, how notification of the availability of TBS would work, how precisely assessments were to be conducted, the qualifications of assessors, and monitoring. On March 30, 2001 the district court (Judge Howard A. Matz) entered a permanent injunction resolving these issues, largely in favor of the plaintiffs.

The court continued to exercise jurisdiction over compliance with the terms of the injunction. On April 22, 2004, the court (Judge Matz) modified the permanent injunction to include additional remedial measures based on the finding that the defendant had not made TBS available to patients at an acceptable rate. On July 29, 2004 a plan to increase the usage of TBS was approved. These measures also included increased monitoring, and on December 29, 2004 a special master was appointed.

On February 28, 2006 the defendant moved for relief from all injunctions but the court (Judge Matz) denied this motion. The defendant appealed, but on October 2, 2006 the Ninth Circuit (Judges Konzinski, O'Scannlain, and Bybee) affirmed the district court.

In December 2010, the court extended its jurisdiction and the appointment of the Special Master. The court also ordered the parties to respond in writing to the court's proposals. In January 2011, after reviewing the parties' filings, the court stated its view that jurisdiction should terminate by June 2011. The court approved the Special Master's proposed budget in February 2011. In May 2011, the Special Master's final report was lodged with the court.

In June 2011, the court ordered the parties to prepare a final order and an amended budget. The court approved the Special Master's proposed budget later that month. On September 13, 2011, the court awarded interim attorneys' fees and on September 14, the court adopted the Special Master's findings and recommendations, ordered the defendant to comply with the post-termination terms of the Nine Point Plan, and terminated jurisdiction over the case, except for issues pertaining to attorneys' fees and the Special Master's final amended budget. The Nine Point Plan included creating a statewide TBS training program, reducing administrative requirements for providing TBS, establishing TBS best practices, and developing an outreach strategy, among other requirements. 

The case closed on September 15, 2011.

Summary Authors

Michael Perry (1/10/2011)

Danica Fong (4/6/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5738220/parties/emily-q-v-diane-bonta/


Judge(s)

Bybee, Jay S. (Nevada)

Attorney for Plaintiff

Barkoff, Alison (District of Columbia)

Bird, Melinda R. (California)

Burnim, Ira Abraham (District of Columbia)

Attorney for Defendant

Ahern, James F. (California)

Documents in the Clearinghouse

Documents in this case

2:98-cv-04181

Docket

Nov. 23, 2010

Nov. 23, 2010

Docket
187

2:98-cv-04181

Order Granting Plaintiffs' Motion for Permanent Injunction

March 30, 2001

March 30, 2001

Order/Opinion

208 F.Supp.2d 1078

291

2:98-cv-04181

Amended Judgment and Permanent Injunction

April 22, 2004

April 22, 2004

Order/Opinion
304

2:98-cv-04181

Order Re: Plan to Increase TBS Utilization and Joint Stipulation of Support Thereof

July 29, 2004

July 29, 2004

Order/Opinion
340

2:98-cv-04181

Order Appointing Special Master

Dec. 29, 2004

Dec. 29, 2004

Order/Opinion

06-55489

06-55339

Opinion (Affirming the District Court)

U.S. Court of Appeals for the Ninth Circuit

Oct. 2, 2006

Oct. 2, 2006

Order/Opinion

203 Fed.Appx. 35

533

2:98-cv-04181

Special Master's Proposed Work Plan in Response to Court's Order Appointing Special Master February 21, 2008

March 13, 2008

March 13, 2008

Monitor/Expert/Receiver Report

2:98-cv-04181

First Quarterly Report in Response to Court's Order Appointing Special Master February 21, 2008

June 27, 2008

June 27, 2008

Monitor/Expert/Receiver Report
544

2:98-cv-04181

Second Quarterly Report in Response to Court's Order Appointing Special Master February 21, 2008

Sept. 25, 2008

Sept. 25, 2008

Monitor/Expert/Receiver Report
543

2:98-cv-04181

Order Re Special Master's Second Quarterly Report

Oct. 14, 2008

Oct. 14, 2008

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5738220/emily-q-v-diane-bonta/

Last updated March 26, 2026, 4:45 a.m.

ECF Number Date Description Link
1 May 27, 1998

COMPLAINT filed Summons(es) issd referred to Discovery Ann I. Jones (seal) (Entered: 06/01/1998)

RECAP
15 June 15, 1998

ANSWER filed by dft Seal B to complaint [1-1]. (seal) (Entered: 06/22/1998)

RECAP
18 June 18, 1998

ORDER by Judge William D. Keller re mot practice. (seal) (Entered: 06/22/1998)

RECAP
19 June 23, 1998

STIPULATION and ORDER by Judge William D. Keller that the time for dft Seal A to file a responsive pleading to plfs' cmp shall be ext 20 days from 6/18/98 to & including 7/8/98. (seal) (Entered: 07/07/1998)

RECAP
20 June 29, 1998

NOTICE OF MOTION AND MOTION by plfs for preliminary injunction ; motion hearing set for 3:00 8/3/98. Lodged Proposed Order (Fwd to CRD) (seal) (Entered: 07/07/1998)

RECAP
21 June 29, 1998

PROOF OF SERVICE by plfs on 6/29/98 of ntc of mot, mot for P/I, prop ord for P/I, plf's ex parte appl for protective ord to seal records purs to stip. (seal) (Entered: 07/07/1998)

RECAP
25 June 29, 1998

PROOF OF SERVICE by plfs on 6/29/98 of ntc of mot, mot for P/I, prop ord for P/I, ex parte appl for protective ord to seal records purs to stip. (seal) (Entered: 07/16/1998)

RECAP
22 July 7, 1998

ANSWER filed by dft Seal A to complaint [1-1]. (seal) (Entered: 07/09/1998)

RECAP
23 July 7, 1998

NON-CALIFORNIA STATE CASES filed by plfs cited in preliminary injunction brief. (seal) (Entered: 07/09/1998)

RECAP
24 July 7, 1998

AMENDED PROOF OF SERVICE by plfs on 6/30/98 of ntc of mot; mot for P/I; prop ord for P/I; ex parte appl for protective ord to seal records purs to stip. (seal) (Entered: 07/09/1998)

RECAP
26 July 9, 1998

EX PARTE APPLICATION by plfs & ORDER by Judge William D. Keller that the plfs & their respective guardians ad litem shall proceed in this actn w/ fictitious names. The appls to proceed in forma pauperis & the guardian ad litem appls in plfs true names will be sealed. Fur ORD that if any of the "Doe" plfs are identified they too will proceed in this actn by fictitious names. The fictitious names of the subsequently identified plfs & their guardian ad litems will be the initials of their first & last name & that such initials will appear on pleadings decls & affs in the actn. (seal) (Entered: 07/16/1998)

RECAP
27 July 10, 1998

EX PARTE APPLICATION & ORDER PURS TO STIPULATION by Judge William D. Keller that a protective ord is hereby issd to seal records containing personally identifying info & to protect the confidentiality of personally identifying info relating to all named plfs, putative class members & their respective guardians ad litem. (seal) (Entered: 07/16/1998)

RECAP
28 July 10, 1998

NOTICE OF MOTION by dft Seal B for judgment on the pleadings ; motion hearing set for 3:00 8/3/98. Lodged Prop Ord (Fwd to CRD) (seal) (Entered: 07/16/1998)

RECAP
29 July 10, 1998

MEMORANDUM OF PA IN SUPPORT by dft Seal B of motion for judgment on the pleadings Rule 12(c) [28-1]. (seal) (Entered: 07/16/1998)

RECAP
30 July 10, 1998

DECLARATION of John S. Hatakeyama by dft Seal B in suppt of motion for judgment on the pleadings [28-1]. (seal) (Entered: 07/16/1998)

RECAP
31 July 10, 1998

DECLARATION of Andrew W. Owens by dft Seal B in suppt of motion for judgment on the pleadings [28-1]. (seal) (Entered: 07/16/1998)

RECAP
32 July 10, 1998

REQUEST by dft Seal B for judicial notice in suppt of motion for judgment on the pleadings [28-1]. (seal) (Entered: 07/16/1998)

RECAP
33 July 14, 1998

RESPONSE AND OPPOSITION by dft Seal A to plfs' motion for preliminary injunction [20-1]; decls of Carol S. Hood & James Cicconetti w/ attachments. (seal) (Entered: 07/16/1998)

RECAP
34 July 15, 1998

MEMORANDUM OF PA IN OPPOSITION by dft Seal B to plfs' motion for preliminary injunction [20-1]. (seal) (Entered: 07/21/1998)

RECAP
35 July 15, 1998

DECLARATION of Andrew W. Owens by dft Seal B in suppt of opp to plf's motion for preliminary injunction [20-1]. (seal) (Entered: 07/21/1998)

RECAP
36 July 15, 1998

DECLARATION of Gurubanda Singh Khalsa by dft Seal B in suppt of opp to plfs' motion for preliminary injunction [20-1]. (seal) (Entered: 07/21/1998)

RECAP
37 July 15, 1998

DECLARATION of Jo Ellen Perkins by dft Seal B in suppt of opp to plfs' motion for preliminary injunction [20-1]. (seal) (Entered: 07/21/1998)

RECAP
38 July 15, 1998

DECLARATION of Paul L. McIver by dft Seal B in suppt of opp to plfs' motion for preliminary injunction [20-1]. (seal) (Entered: 07/21/1998)

RECAP
39 July 15, 1998

DECLARATION of Doris S. Soghor, M.D. by dft Seal B in suppt of opp to plfs' motion for preliminary injunction [20-1]. (seal) (Entered: 07/21/1998)

RECAP
40 July 15, 1998

OBJECTIONS by dft Seal B to plf's evidence in suppt of motion for preliminary injunction [20-1]. (seal) (Entered: 07/21/1998)

RECAP
41 July 15, 1998

ORIGINAL DECLARATION of Carol S. Hood by dft Seal A fld in conjunction w/ dft's resp & opp to plfs' motion for a preliminary injunction [20-1]. (seal) (Entered: 07/21/1998)

RECAP
42 July 16, 1998

RETURN OF ORIGINAL SUMMONS and PROOF OF SERVICE of summons & complaint served upon Seal A by personal svc on William Merrifield, Staff Attorney on 5/29/98; served upon Seal B by personal svc on Doris Williams Rowes, Deputy Clerk, on 5/29/98. (seal) (Entered: 07/21/1998)

RECAP
43 July 16, 1998

EXHIBITS FILED UNDER SEAL by plfs in connection w/ motion for preliminary injunction [20-1]. (seal) (Entered: 07/21/1998)

RECAP
44 July 20, 1998

OPPOSITION by plfs to motion for judgment on the pleadings [28-1]. (seal) (Entered: 07/27/1998)

RECAP
45 July 20, 1998

DECLARATION of Eva Casassarmiento by plfs in suppt of opp to dft's motion for judgment on the pleadings [28-1]. (seal) (Entered: 07/27/1998)

RECAP
46 July 20, 1998

REQUEST by plfs for judicial notice of facts in suppt of opp to motion for judgment on the pleadings [28-1]; memo of PA in suppt thereof. (seal) (Entered: 07/27/1998)

RECAP
47 July 24, 1998

NOTICE OF WITHDRAWAL by plfs of motion for preliminary injunction [20-1]. (seal) (Entered: 08/03/1998)

RECAP
48 July 27, 1998

MEMORANDUM OF PA IN REPLY by dft Seal B to plfs' opp to motion for judgment on the pleadings [28-1]. (seal) (Entered: 08/03/1998)

RECAP
49 July 30, 1998

CONTINUANCE by dft Seal B of motion; resetting hearing on motion for judgment on the pleadings [28-1] 10:00 8/10/98. (seal) (Entered: 08/03/1998)

RECAP
50 July 30, 1998

NOTICE OF DOCUMENT DISCREPANCY AND ORDER by Judge William D. Keller that dft's wit & exh list, rec'd 7/28/98, are not to be fld, but instead rejected and returned to cnsl. (seal) (Entered: 08/03/1998)

RECAP
51 July 30, 1998

WITNESS list submitted by defendant Seal A. (seal) (Entered: 08/03/1998)

RECAP
52 July 30, 1998

EXHIBIT list by defendant Seal A. (seal) (Entered: 08/03/1998)

RECAP
53 Aug. 3, 1998

JOINT REPORT OF EARLY MEETING OF COUNSEL purs to Local Rule 6.5 filed. Estimated length of trial 30 days. (seal) (Entered: 08/06/1998)

RECAP
54 Aug. 11, 1998

MINUTES by Judge William D. Keller: On the Crt's own mot, ORD that dfts' motion for judgment on the pleadings [28-1], noticed for hrg on 8/10/98, is taken under submission on that date. Keller CR: n/a. (seal) (Entered: 08/18/1998)

RECAP
55 Aug. 13, 1998

STIPULATION and ORDER by Judge William D. Keller that the time for plfs to file their mot for class certification shall be ext from 8/27/98 to 1/4/99. (seal) (Entered: 08/27/1998)

RECAP
56 Aug. 24, 1998

MINUTES by Judge William D. Keller: Crt DEN dft Seal B's motion for judgment on the pleadings [28-1]. CR: n/a. (seal) (Entered: 08/27/1998)

RECAP
57 Nov. 18, 1998

NOTICE by dft Seal A of non availability (of DAG from 12/23/98 to 1/8/99 inclusive, & from 1/15/98 to 2/5/99 inclusive). (seal) (Entered: 12/03/1998)

RECAP
58 Dec. 31, 1998

NOTICE OF MOTION AND MOTION by plfs re plfs' memo of P/A in suppt of mot for class certification ; motion hearing set for 3:00 pm on 2/22/99 (seal) (Entered: 01/20/1999)

RECAP
59 Dec. 31, 1998

MEMORANDUM OF P/A IN SUPPORT by plfs of motion re plfs' memo of P/A in suppt of mot for class certification [58-1]; declas; exhibits (seal) (Entered: 01/20/1999)

RECAP
60 Jan. 19, 1999

NOTICE OF MOTION AND MOTION by plfs Seal 6, Seal 5, Seal 4, Seal 3, Seal 2 and Seal 1 for preliminary injunction ; motion hearing set for 3:00 pm on 2/22/99 Lodged Propsd Ord (seal) (Entered: 01/26/1999)

RECAP
61 Jan. 19, 1999

MEMORANDUM OF P/A IN SUPPORT by plfs Seal 6, Seal 5, Seal 4, Seal 3, Seal 2 and Seal 1 of req for preliminary injunction [60-1]; declas & exhibits (seal) (Entered: 01/26/1999)

RECAP
62 Jan. 19, 1999

NON-FEDERAL CASES by plfs Seal 6, Seal 5, Seal 4, Seal 3, Seal 2 and Seal 1 to motion for preliminary injunction [60-1] brief (seal) (Entered: 01/26/1999)

RECAP
63 Jan. 26, 1999

NOTICE & PETITION by dft Seal A for removal & joinder of state claims to this actn; exhs [28 U.S.C. 1141(b), federal questions]. (seal) (Entered: 02/01/1999)

RECAP
72 Feb. 2, 1999

NOTICE by defendant of related case(s), filed in LA Superior Court, case nos. CK 01539 & CK 01539 (seal) (Entered: 02/23/1999)

RECAP
64 Feb. 3, 1999

NOTICE by dft Seal A of lodging of the orig depo transcript of Doug Porter w/ the Crt for mot hrgs. (seal) (Entered: 02/11/1999)

RECAP
Feb. 3, 1999

LODGED Deposition Transcript submitted by dft Seal A (FWD TO CRD) (seal)

65 Feb. 4, 1999

RESPONSE & OPPOSITION by dft Seal A to plfs' motion for class certification [58-1]; decl of Pat Jordan. (seal) (Entered: 02/11/1999)

RECAP
66 Feb. 8, 1999

RESPONSE & OPPOSITION by dft Seal A to plfs' motion for a preliminary injunction [60-1]; exhs. (seal) (Entered: 02/11/1999)

RECAP
69 Feb. 8, 1999

NON-FEDERAL CITATIONS by dft Seal A. (seal) (Entered: 02/12/1999)

RECAP
67 Feb. 10, 1999

NOTICE OF FILING & FILING by dft Seal A of orig decl of Pat Jordan in opp to plfs' motion for class certification [58-1]. (seal) (Entered: 02/12/1999)

RECAP
68 Feb. 10, 1999

NOTICE OF DOCUMENT DISCREPANCY AND ORDER by Judge William D. Keller that dft's non-fed citations, rec'd 2/8/99, is to be fld & processed. (seal) (Entered: 02/12/1999)

RECAP
70 Feb. 11, 1999

REPLY MEMOANDUM by plf in suppt of motion for class certification [58-1]. (seal) (Entered: 02/22/1999)

RECAP
71 Feb. 12, 1999

REPLY MEMORANDUM by plfs in suppt of preliminary injunction [60-1]; exhs. (seal) (Entered: 02/22/1999)

RECAP
73 Feb. 18, 1999

NOTICE OF FILING & FILING by plf of original decls of Judy F. Kim Nemoy, Eva Vera & Michele Melden in suppt of motion for a preliminary injunction [60-1]. (seal) (Entered: 02/25/1999)

RECAP
74 Feb. 18, 1999

NOTICE by plfs of addtl citations to depos form plfs reply brief. (seal) (Entered: 02/25/1999)

RECAP
75 Feb. 18, 1999

NOTICE by plfs of citations to depo transcripts. (seal) (Entered: 02/25/1999)

RECAP
76 Feb. 18, 1999

NOTICE OF LODGING by plfs of the orig depo transcripts w/ the crt for mot hrgs. (seal) (Entered: 02/25/1999)

RECAP
77 Feb. 22, 1999

STIPULATION and ORDER by Judge William D. Keller that all state claims, including any claim re the County of Los Angeles shall be remanded to the Superior Court of Los Angeles. The issues remaining in this federal court shall be stayed for 4 weeks following the hrg on the P/I set for 2/22/99. (ENT 2/25/99) mld cpy. cc: Edelman Children's Court, Superior Court, Juvenile Division. (seal) (Entered: 02/25/1999)

RECAP
78 Feb. 22, 1999

NOTICE OF MOTION AND MOTION by plfs for order of dismissal ; motion hearing set for 3:00 3/22/99; memo of PA & supporting exhs. Lodged Proposed Jgm & Order (Fwd to CRD). (seal) (Entered: 03/01/1999)

RECAP
79 Feb. 22, 1999

MINUTES by Judge William D. Keller: Plfs' motion for class certification [58-1] and motion for preliminary injunction [60-1] are taken under submission. CR: Walter R. Ledge. (seal) (Entered: 03/01/1999)

RECAP
80 Feb. 23, 1999

ORDER by Judge William D. Keller for Preliminary Injunction [60-1]. Dft Seal A is fur ORD to appear ; IN COURT HEARING RE: Report on Compliance w/ Ord w/ respect to each of the named plfs set on 3:00 4/19/99 . (seal) (Entered: 03/08/1999)

RECAP
81 Feb. 24, 1999

MINUTES by Judge William D. Keller: plfs' motion for a preliminary injunction [60-1] is GR. plfs' mot for class certification will be addressed at the hrg set forth in the injunction, resetting hearing on motion for class certification [58-1] 3:00 4/19/99. CR: n/a. (seal) (Entered: 03/08/1999)

RECAP
82 Feb. 25, 1999

MINUTES by Judge William D. Keller: On the Crt's own mot, resetting hearing on plfs' motion for order of dismissal [78-1] 3:00 4/5/99. CR: n/a. (seal) (Entered: 03/08/1999)

RECAP
Feb. 26, 1999

LODGED PROPOSED ORDER for P/I submitted by plfs. (FWD TO CRD) (seal)

March 1, 1999

PLACED IN FILE - NOT USED plfs' prop ord certifying class as a class actn & waiving requirements of ntc to absent class members. (seal)

March 1, 1999

PLACED IN FILE - NOT USED plfs' prop ord for P/I. (seal)

83 March 11, 1999

REQUEST by plfs for status conf. (seal) (Entered: 03/16/1999)

RECAP
85 March 17, 1999

MINUTES: The crt DENIES plf's request for stat conf [83-1]; plfs' concerns will be addressed @ the hrg on 4/19/99 by Judge William D. Keller CR: N/A (cc to all cnsl) (ap) (seal) Modified on 03/31/1999 (Entered: 03/31/1999)

RECAP
84 March 22, 1999

NOTICE OF APPEAL by defendant Seal B, defendant Seal A to 9th C/A from Dist. Court ord fld 2/23/99 [80-2] (cc: James F. Ahern, Dpty Atty Gen; Melinda Bird, Protection & Advocacy, Inc; L.A. County Counsel,Andrew Owens; Robert D. Newman, Western Center of Law & Poverty ) Fee: Paid (seal) (Entered: 03/23/1999)

RECAP
86 March 25, 1999

PROOF OF SVC by dft Seal A on 3/24/99 upon Melinda Bird, Andrew Owens and Robert D Newman docs mailed incl Proof of Svc by Mail of Transcript Designation & Ordering Form (ap) (seal) Modified on 03/31/1999 (Entered: 03/31/1999)

RECAP
90 March 26, 1999

NOTICE OF MOTION AND MOTION by plaintiff for leave to fi A/C ; motion hearing set for 3:00 4/26/99 [lori] (seal) Modified on 04/20/1999 (Entered: 04/20/1999)

RECAP
91 March 26, 1999

NOTICE OF MOTION AND MOTION by plaintiff certifyingcs asa class act & waiving req of not to absent class members ; motion hearing set for 3:00 4/26/99 Lodged Ord [lori] (seal) Modified on 04/20/1999 (Entered: 04/20/1999)

RECAP
87 April 6, 1999

ORDER by Judge William D. Keller, It is stip by plfs & dft Seal C, dism w/o prej of all clms agnst dft Seal C is approved & ord (ENT 04/08/99) mld cpy & ntc to pty (seal) (Entered: 04/08/1999)

RECAP
88 April 6, 1999

JUDGMENT AND ORDER: by Judge William D. Keller, It is ord that jgm of dism agnst Seal C is hereby entered w/o prej (EN 04/08/99) mld cpy & ntc to pty (seal) (Entered: 04/08/1999)

RECAP
92 April 12, 1999

RESPONSE by defendant Seal A to to motion re plfs' memo of P/A in suppt of mot for class certification [58-1] (BG) (seal) (Entered: 04/26/1999)

RECAP
95 April 12, 1999

RECEIPT OF TRANSCRIPT of proceedings for the following date(s): 2/22/99 (Re: [84-1]) CR: WR Ledge (seal) (Entered: 04/28/1999)

RECAP
96 April 12, 1999

TRANSCRIPT filed for proceedings held on 2/22/99 (seal) (Entered: 04/28/1999)

RECAP
97 April 13, 1999

9th cca ord the app fld 3/22/99 is a P/I app. CA# 99-55486 (seal) (Entered: 05/03/1999)

RECAP
89 April 19, 1999

NOTIFICATION by Circuit Court of Appellate Docket Number appeal [84-1] 99-55486 (seal) (Entered: 04/19/1999)

RECAP
93 April 21, 1999

STIPULATION and ORDER by Judge William D. Keller granting motion for leave to fi A/C [90-1] (BG) (seal) (Entered: 04/26/1999)

RECAP
94 April 21, 1999

Supplemental DECLARATION by plaintiffs (original signature) (BG) (seal) (Entered: 04/26/1999)

RECAP
99 April 22, 1999

JOINT STATUS REPORT (bg) (seal) Modified on 05/06/1999 (Entered: 05/06/1999)

RECAP
101 April 26, 1999

ORDER by Judge William D. Keller to place under seal Seal A's response to crt's compliance order of 2/23/99 (bg) (seal) Modified on 05/06/1999 (Entered: 05/06/1999)

RECAP
102 April 26, 1999

MINUTES: ; in court hearing osc re p/i withdrawn granting motion certifyingcs asa class act & waiving req of not to absent class members [91-1], finding the motion for leave to fi [90-1] moot. Within 60 days cnls shall submit ajoint proposed final inj or alt a joint proposed sched & status report by Judge William D. Keller CR: Magda (bg) (seal) Modified on 05/06/1999 (Entered: 05/06/1999)

RECAP
May 3, 1999

LODGED/PROPOSED ORDER re class certification submitted by plaintiffs .(FWD TO CRD) (seal)

98 May 4, 1999

1st AMENDED COMPLAINT [1-1] by PLFS terminating plf Seal 6 and dfts Seal B & Seal C; adding plfs Seal 7, Seal 8, Seal 9, Seal Summons not issd (ap) (seal) Modified on 05/04/1999 (Entered: 05/04/1999)

RECAP
108 May 5, 1999

ORDER by Judge William D. Keller, It is ord that the crt finds that this act meets all requirements of FRCP 23(a) & (b)(2), this mtr is hereby certified as a class actn on behalf of all current & future beneficiaries of the Medi-Cal Medicaid program below the age of 21 in CA, plfs need not give ntc of this class actn to absent class memeber prior to jgm or stltmnt, in accordance w/the ptys stip & ord granting a P/I in this case which was entered 2/23/99, shall apply in all respects to ea member of the mentioned statewide class, dft Seal A or her successor in office shall have til 5/16/99 to file a responsive pldg to the A/C in this case, NLT 6/25/99 (or 60 days after hrg on 4/26/99) ptys shall jntly file either a propsd P/I in this case for entry by the crt, or, alter, a jnt stat rpt (see ord for further details & iss) (seal) (Entered: 05/14/1999)

RECAP
110 May 5, 1999

ORDER by Judge William D. Keller, It is ord that Dollie D is appointed guardian ad litem for plf Seal 7 (seal) (Entered: 05/18/1999)

RECAP
111 May 5, 1999

ORDER by Judge William D. Keller, It is ord that Robert K is appointed as guardian ad litem for plf Seal 8 (seal) (Entered: 05/18/1999)

RECAP
107 May 11, 1999

CERTIFICATE of Record Transmitted to USCA -99-55486 (cc: all parties) (seal) (Entered: 05/11/1999)

RECAP
May 24, 1999

LODGED CERTIFIED COPY of 9thcca ord, p/i appeal is dismissed. (99-55486) (FWD TO CRD) (seal)

113 May 26, 1999

CERTIFIED COPY of Appellate Court Order: Appeal case #99-55486 dismissing the appeal [84-1] (ENT 5/28/99) mld cpys (ap) (seal) Modified on 05/28/1999 (Entered: 05/28/1999)

RECAP
114 May 26, 1999

MANDATE from Circuit Court of Appeals Dism appeal is hereby fld & spread upon the min of this District Crt mld cpys (ap) (seal) (Entered: 05/28/1999)

RECAP
115 June 25, 1999

STIPULATION to extend time to file jnt stat rpt to 7/23/99 as ptys, which set forth the resons why the ptys could not agree on the terms of a propsd P/I, ptys view on the iss in the case that still need to be decided & ptys proposals on the procedures for resolving their outstanding differences in this case (see ord for further details) (ap) (seal) (Entered: 06/30/1999)

RECAP
116 July 23, 1999

COMPLIANCE DECLARATION of James F Ahern by dft Seal A (ap) (seal) (Entered: 07/28/1999)

RECAP

Case Details

State / Territory:

California

Case Type(s):

Public Benefits/Government Services

Healthcare Access and Reproductive Issues

Special Collection(s):

Olmstead Cases

Key Dates

Filing Date: May 27, 1998

Closing Date: Sept. 15, 2011

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Medi-Cal-eligible Californians under the age 21 who were placed in locked facilities and denied certain mental health benefits.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU of Southern California

Bazelon Center

NDRN/Protection & Advocacy Organizations

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

County

Los Angeles County Department of Mental Health

Private Entity/Person

Kerlan Jobe Orthopaedic Clinic

State

California Department of Health Services

Case Details

Causes of Action:

42 U.S.C. § 1983

Other Dockets:

Central District of California 2:98-cv-04181

U.S. Court of Appeals for the Ninth Circuit 06-55489

U.S. Court of Appeals for the Ninth Circuit 06-55339

Available Documents:

Any published opinion

Complaint (any)

Injunctive (or Injunctive-like) Relief

Monetary Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Attorneys fees

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Settlement

Form of Settlement:

Confession of Judgment

Content of Injunction:

Preliminary relief granted

Amount Defendant Pays: $446,939

Order Duration: 2004 - 2007

Issues

Benefits (Source):

Medicaid

Recommended Citation