Case: Davis v. California HHS

4:00-cv-02532 | U.S. District Court for the Northern District of California

Filed Date: July 13, 2000

Closed Date: 2007

Clearinghouse coding complete

Case Summary

On July 13, 2000 plaintiffs, a group of nursing care patients at the Laguna Honda Hospital and Rehabilitation Center in San Francisco, filed suit against San Francisco City and County, the California Health and Human Services Agency, the California Department of Social Services, the California Department of Mental Health, the California Department of Health Services, the California Department of Developmental Services, and the California Department of Aging in the United States District Court f…

On July 13, 2000 plaintiffs, a group of nursing care patients at the Laguna Honda Hospital and Rehabilitation Center in San Francisco, filed suit against San Francisco City and County, the California Health and Human Services Agency, the California Department of Social Services, the California Department of Mental Health, the California Department of Health Services, the California Department of Developmental Services, and the California Department of Aging in the United States District Court for the Northern District of California. They alleged that the defendants had violated the Anti-Discrimination Act and the Nursing Care Reform Act. Specifically they alleged that the defendants had failed to provide information about, assess for, and provide community alternatives to individuals institutionalized at the hospital. They sought declaratory and injunctive relief and were represented by the AARP Foundation Litigation, Disability Rights California of Oakland, Disability Rights Education & Defense Fund, National Senior Citizens Law Center, Bazelon Center for Mental Health Law, and private counsel.

The case proceeded through extended discovery with a concurrent Justice Department investigation. On June 12, 2002 the district court (Judge Saundra Brown Armstrong) certified a class of all adult Medi-Cal beneficiaries who were or would be residents of the hospital, were or would be on the waiting lists for the hospital, were or would be within two years of discharge from the hospital, or were or would be become patients at hospitals owned or controlled by San Francisco and were eligible for discharge to the hospital.

On December 17, 2003 the court (Judge Armstrong) granted preliminary approval to settlements between the plaintiffs and both the City and County of San Francisco and the various state agencies. The settlement with San Francisco provided for a new Targeted Case Management Program that provided for nurses and social workers independent of the hospital to assess patients and engage in discharge planning with them. It also provided for a new community advisory community, training for residents of the hospital to inform them about community care options, a community resource center for patients, and peer mentors to assist residents in planning for discharge. The settlement with the state agencies changed the way the California Department of Mental Health conducts Pre-Admission Screening and Resident Review. They now take into consideration the patients' goals and preferences and the possibility of community-based services rather than institutionalization. On March 16, 2004 the court (Judge Armstrong) granted final approval to the settlement agreements and on March 30, 2004 the case was dismissed. The court thereafter retained jurisdiction to ensure compliance by the defendants.

The agreement ended in 2007, and the case is now closed.

Summary Authors

Michael Perry (1/10/2011)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5850925/parties/davis-v-california-hhs/


Judge(s)

Armstrong, Saundra Brown (California)

Brazil, Wayne D. (California)

Attorney for Plaintiff

Basile, Katherine M. (California)

Buccino, Lisa S. (California)

Burnim, Ira Abraham (District of Columbia)

Attorney for Defendant

Documents in the Clearinghouse

Documents in this case

4:00-cv-02532

Docket

Feb. 3, 2009

Feb. 3, 2009

Docket

4:00-cv-02532

SETTLEMENT AGREEMENT BETWEEN PLAINTIFFS AND DEFENDANT CITY AND COUNTY OF SAN FRANCISCO

Dec. 12, 2003

Dec. 12, 2003

Settlement Agreement
211

4:00-cv-02532

ORDER GRANTING JOINT MOTION FOR PRELIMINARY APROVAL OF CLASS SETTLEMENT AGREEMENTS

Dec. 17, 2003

Dec. 17, 2003

Order/Opinion

4:00-cv-02532

NOTICE OF PROPOSED FINAL CLASS ACTION SETTLEMENT AND DISMISSAL AND HEARING

Jan. 6, 2004

Jan. 6, 2004

Notice of Investigation or Suit/Demand Letter

4:00-cv-02532

Settlement Agreement (With State Defendants)

Feb. 2, 2004

Feb. 2, 2004

Settlement Agreement

4:00-cv-02532

Memorandum (Summary of Settlement)

Nov. 22, 2004

Nov. 22, 2004

Internal memorandum

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5850925/davis-v-california-hhs/

Last updated April 7, 2025, 11:26 a.m.

ECF Number Date Description Link
1 July 13, 2000

COMPLAINT Summons(es) issued; Fee status pd entered on 7/13/00 in the amount of $ 150.00 ( Receipt No. 4401983) [4:00−cv−02532] (rl, COURT STAFF) (Entered: 07/13/2000)

PACER
3 July 13, 2000

MOTION before Judge Saundra B. Armstrong by Plaintiff for appointment of Jackie Del Rosario as guardian ad litem for Leeann Bishop. [4:00−cv−02532] (rl, COURT STAFF) (Entered: 07/13/2000)

PACER
4 July 13, 2000

MOTION, before Judge Saundra B. Armstrong by Plaintiff Hong T., Plaintiff M. W. to proceed under ficticious names. [4:00−cv−02532] (rl, COURT STAFF) (Entered: 07/13/2000)

PACER
4 July 13, 2000

MEMORANDUM of points and authorities by Plaintiff Hong T., Plaintiff M. W. in support of motion to proceed under ficticious names. [4−1] [4:00−cv−02532] (rl, COURT STAFF) (Entered: 07/13/2000)

PACER
5 July 14, 2000

MOTION, before Judge Saundra B. Armstrong, by Plaintiffs for attorneys Ira A. Burnim, Mary T. Giliberti and Jennifer Mathis to appear pro hac vice . Fee status $180.00 paid. [4:00−cv−02532] (rl, COURT STAFF) (Entered: 07/14/2000)

PACER
July 14, 2000

RECEIVED Proposed Order ( Plaintiffs ) re: GRANTING motion for attorneys Ira A. Burnim, Mary T. Giliberti and Jennifer Mathis to appear pro hac vice . Fee status $180.00 paid. [5−1] [4:00−cv−02532] (rl, COURT STAFF) (Entered: 07/14/2000)

PACER
6 July 19, 2000

CLERK'S NOTICE Telephonic Case Management Conference is re−set for 2:30 p.m. on 11/16/00. [4:00−cv−02532] (rl, COURT STAFF) (Entered: 07/20/2000)

PACER
7 July 19, 2000

ORDER by Judge Saundra B. Armstrong granting motion for attorneys Ira A. Burnim, Mary T. Giliberti and Jennifer Mathis to appear pro hac vice . Fee status $180.00 paid. [5−1] ( Date Entered: 7/21/00) (cc: all counsel) [4:00−cv−02532] (cp, COURT STAFF) (Entered: 07/21/2000)

PACER
8 July 26, 2000

NOTICE by Plaintiff of related case(s) C00−1593 CW [4:00−cv−02532] (rl, COURT STAFF) (Entered: 07/27/2000)

PACER
9 Aug. 4, 2000

OPPOSITION by State defendants to related case notice [8−1] [4:00−cv−02532] (lal, COURT STAFF) (Entered: 08/07/2000)

PACER
10 Aug. 7, 2000

MEMORANDUM by defendant SF City and County in opposition to related case notice [8−1] [4:00−cv−02532] (kk, COURT STAFF) (Entered: 08/08/2000)

PACER
11 Aug. 8, 2000

RETURN OF SERVICE executed upon defendant California HHS, defendant Grantland Johnson, defendant Department of Health, defendant Diana Bonta, defendant California Dept. of, defendant Rita Saenz, defendant California Dept. of, defendant Stephen Mayberg, defendant California Dept., defendant Lynda Terry, defendant California Dept., defendant Clifford Allenby on 7/27/00 [4:00−cv−02532] (kk, COURT STAFF) (Entered: 08/08/2000)

PACER
12 Aug. 8, 2000

PROOF OF SERVICE by Plaintiff Charles Davis, Plaintiff Jackie Del Rosario, Plaintiff Leeann Bishop, Plaintiff Jessie Fitchett, Plaintiff Harry Prieto, Plaintiff Lorraine Robles, Plaintiff Henry Rojas, Plaintiff Gerald Scott, Plaintiff Hong T., Plaintiff M. W., Plaintiff Kay Yamamoto, Plaintiff Independent Living of related case notice [8−1] [4:00−cv−02532] (kk, COURT STAFF) (Entered: 08/08/2000)

PACER
13 Aug. 8, 2000

WAIVER OF SERVICE by defendant SF City and County served on 8/4/00 in response to the Request for Waiver sent on 7/26/00 [4:00−cv−02532] (kk, COURT STAFF) (Entered: 08/08/2000)

PACER
14 Aug. 9, 2000

ORDER by Judge D. L. Jensen for Judge Claudia Wilken denying related case notice [8−1] C00−1593CW and C00−2532SBA are deemed unrelated ( Date Entered: 8/10/00) (cc: all counsel) [4:00−cv−02532] (kk, COURT STAFF) (Entered: 08/10/2000)

PACER
15 Aug. 21, 2000

ORDER, by Judge Saundra B. Armstrong, for appointment of Leeann Bishop as guardian ad litem for Jackie Del Rosario. ( Date Entered: August 22, 2000) (cc: all counsel) [4:00−cv−02532] (rl, COURT STAFF) (Entered: 08/22/2000)

PACER
17 Sept. 15, 2000

ANSWER by defendant California HHS, defendant Grantland Johnson, defendant Department of Health, defendant Diana Bonta, defendant California Dept. of, defendant Stephen Mayberg, defendant California Dept., defendant Lynda Terry, defendant California Dept., defendant Clifford Allenby to complaint [1−1] Jury Demand [4:00−cv−02532] (rl, COURT STAFF) (Entered: 09/18/2000)

PACER
18 Sept. 15, 2000

NOTICE OF MOTION AND MOTION WITH MEMORANDUM OF POINTS AND AUTHORITIES, before Judge Saundra B. Armstrong, by state defendants to dismiss with notice set for 11/7/00 at 11:30 a.m. [4:00−cv−02532] (rl, COURT STAFF) (Entered: 09/18/2000)

PACER
19 Sept. 15, 2000

REQUEST FOR JUDICIAL NOTICE by defendants to motion to dismiss [18−1] [4:00−cv−02532] (rl, COURT STAFF) (Entered: 09/18/2000)

PACER
20 Sept. 15, 2000

PROOF OF SERVICE by defendant of order received [0−0], request [19−1], motion to dismiss [18−1], answer [17−1] [4:00−cv−02532] (rl, COURT STAFF) (Entered: 09/18/2000)

PACER
Sept. 15, 2000

RECEIVED Proposed Order ( defendant) re: GRANTING motion to dismiss [18−1] [4:00−cv−02532] (rl, COURT STAFF) (Entered: 09/18/2000)

PACER
21 Sept. 19, 2000

STIPULATION to extend time for the City and County of San Francisco to file a response to plaintiffs' complaint [4:00−cv−02532] (rl, COURT STAFF) (Entered: 09/20/2000)

PACER
22 Sept. 22, 2000

IN FORMA PAUPERIS AFFIDAVIT by Plaintiffs for leave to proceed in forma pauperis [4:00−cv−02532] (rl, COURT STAFF) (Entered: 09/26/2000)

PACER
23 Sept. 25, 2000

NOTICE of hearing by state defendants setting motion to dismiss [18−1] for 11:30 a.m. on 11/7/00. [4:00−cv−02532] (rl, COURT STAFF) (Entered: 09/26/2000)

PACER
24 Oct. 6, 2000

NOTICE OF MOTION AND MOTION, before Judge Saundra B. Armstrong, by defendant SF City and County to dismiss case with notice set for 12/12/00 at 11:30 a.m. [4:00−cv−02532] (rl, COURT STAFF) (Entered: 10/10/2000)

PACER
25 Oct. 6, 2000

MEMORANDUM of points and authorities, by defendant SF City and County in support of motion to dismiss case [24−1] [4:00−cv−02532] (rl, COURT STAFF) (Entered: 10/10/2000)

PACER
Oct. 6, 2000

RECEIVED Proposed Order ( defendant SF City and County ) re: GRANTING motion to dismiss case [24−1] [4:00−cv−02532] (rl, COURT STAFF) (Entered: 10/10/2000)

PACER
26 Oct. 11, 2000

NOTICE of need for ADR Phone Conference (L.R. 3−5) filed by defendant SF City and County . [4:00−cv−02532] (rl, COURT STAFF) (Entered: 10/12/2000)

PACER
27 Oct. 12, 2000

Corrected memorandum of points and authorities in support of motion to dismiss, by defendant SF City and County [25−1] [4:00−cv−02532] (rl, COURT STAFF) (Entered: 10/13/2000)

PACER
28 Oct. 12, 2000

Corrections by defendant SF City and County to memorandum of points and authorities in support of motion to dismiss. [25−1] [4:00−cv−02532] (rl, COURT STAFF) (Entered: 10/13/2000)

PACER
29 Oct. 26, 2000

ADDENDUM filed by defendant SF City and County to ADR certification [4:00−cv−02532] (kk, COURT STAFF) (Entered: 10/26/2000)

PACER
30 Oct. 30, 2000

ORDER, by Judge Saundra B. Armstrong, setting hearing on motion to dismiss [18−1] for 11:30 a.m. on 12/12/00. Case Management Conference to be held at 11:30 a.m. on 12/12/00 following motions hearing. ( Date Entered: October 30, 2000) (cc: all counsel) [4:00−cv−02532] (rl, COURT STAFF) (Entered: 10/30/2000)

PACER
31 Oct. 31, 2000

ORDER, by Judge Saundra B. Armstrong, DENYING as MOOT affidavit motion for leave to proceed in forma pauperis by plaintiffs Charles Davis, Jackie Del Rosario, Jessie Fitchett, Harry Prieto, Lorraine Robles, Henry Rojas, Gerald Scott, Kay Yamamoto, Hong T., and M.W. [22−1] ( Date Entered: November 1, 2000) (cc: all counsel) [4:00−cv−02532] (rl, COURT STAFF) (Entered: 11/01/2000)

PACER
32 Nov. 1, 2000

OPPOSITION by defendant SF City and County to ex parte motion to exceed page limit in opposition to motion to dismiss. [4:00−cv−02532] (rl, COURT STAFF) (Entered: 11/01/2000)

PACER
35 Nov. 1, 2000

EX−PARTE APPLICATION, before Judge Saundra B. Armstrong, by Plaintiffs to exceed page limitation for brief in opposition to motion to dismiss. [4:00−cv−02532] (rl, COURT STAFF) (Entered: 11/09/2000)

PACER
Nov. 1, 2000

RECEIVED Proposed Order DENYING plaintiff's motion to increase page limit for opposition to SF's motion to dismiss ( defendant SF City and County ) [4:00−cv−02532] (rl, COURT STAFF) (Entered: 11/01/2000)

PACER
33 Nov. 3, 2000

STIPULATION regarding discovery stay. [4:00−cv−02532] (rl, COURT STAFF) (Entered: 11/06/2000)

PACER
34 Nov. 3, 2000

STIPULATION of plaintiffs and defendants California Department of Developmental Services and Director Allenby regarding state defendants' motion to dismiss and amendment of complaint. [4:00−cv−02532] (rl, COURT STAFF) (Entered: 11/06/2000)

PACER
36 Nov. 9, 2000

ORDER, by Judge Saundra B. Armstrong, GRANTING IN PART motion to exceed page limitation for brief in opposition to motion to dismiss. [35−1] ( Date Entered: November 9, 2000) (cc: all counsel) [4:00−cv−02532] (rl, COURT STAFF) (Entered: 11/09/2000)

PACER
37 Nov. 21, 2000

OPPOSITION by Plaintiffs to motion to dismiss case [24−1] [4:00−cv−02532] (rl, COURT STAFF) (Entered: 11/28/2000)

PACER
38 Nov. 21, 2000

OPPOSITION to motion to dismiss case [24−1] by USA as Amicus Curiae [4:00−cv−02532] (rl, COURT STAFF) (Entered: 11/28/2000)

PACER
Nov. 21, 2000

RECEIVED United States' motion for and Proposed Order for leave to file an amicus brief ( ) [4:00−cv−02532] (rl, COURT STAFF) (Entered: 11/28/2000)

PACER
39 Dec. 1, 2000

JOINT CASE MANAGEMENT STATEMENT and PROPOSED ORDER filed. [4:00−cv−02532] (rl, COURT STAFF) (Entered: 12/04/2000)

PACER
40 Dec. 1, 2000

REPLY by defendant SF City and County to opposition to motion to dismiss case [24−1] [4:00−cv−02532] (rl, COURT STAFF) (Entered: 12/04/2000)

PACER
41 Dec. 7, 2000

NOTICE OF DISMISSAL (FRCP 41(a)(1)(i)), as to defendant Clifford Allenby, defendant California Dept. [4:00−cv−02532] (rl, COURT STAFF) (Entered: 12/11/2000)

PACER
Dec. 7, 2000

Docket Modification (Administrative) to terminating [18−1] motion to dismiss [4:00−cv−02532] (rl, COURT STAFF) (Entered: 07/13/2001)

PACER
42 Dec. 12, 2000

MINUTES: ( C/R Not Reported) ( Hearing Date: 12/12/00) CMC and motions hearing NOT HELD. [4:00−cv−02532] (rl, COURT STAFF) (Entered: 12/13/2000)

PACER
43 March 2, 2001

NOTICE by Plaintiff of change of address of counsel [4:00−cv−02532] (rl, COURT STAFF) (Entered: 03/02/2001)

PACER
117 March 29, 2001

LETTER to Judge Armstrong, dated 3/28/02, from Lisa S. Buccino requesting to change attorneys listed on the proof of service [4:00−cv−02532] (kc, COURT STAFF) (Entered: 04/04/2002)

PACER
44 April 3, 2001

MOTION, before Judge Saundra B. Armstrong, by Plaintiffs for attorney Dorothy Siemon to appear pro hac vice. Fee status $60.00 paid. [4:00−cv−02532] (rl, COURT STAFF) (Entered: 04/04/2001)

PACER
45 April 3, 2001

MOTION, before Judge Saundra B. Armstrong, by Plaintiffs for attorney Bruce Vignery to appear pro hac vice. Fee status $60.00 paid. [4:00−cv−02532] (rl, COURT STAFF) (Entered: 04/04/2001)

PACER
April 3, 2001

RECEIVED Proposed Order ( Plaintiff) re: GRANTING motion for attorney Bruce Vignery to appear pro hac vice. Fee status $60.00 paid. [45−1] [4:00−cv−02532] (rl, COURT STAFF) (Entered: 04/04/2001)

PACER
46 April 6, 2001

ORDER, by Judge Saundra B. Armstrong, GRANTING motion for attorney Bruce Vignery to appear pro hac vice. Fee status $60.00 paid. [45−1] ( Date Entered: April 9, 2001) (cc: all counsel) [4:00−cv−02532] (rl, COURT STAFF) (Entered: 04/09/2001)

PACER
47 April 6, 2001

ORDER, by Judge Saundra B. Armstrong, GRANTING motion for attorney Dorothy Siemon to appear pro hac vice. Fee status $60.00 paid. [44−1] ( Date Entered: April 9, 2001) (cc: all counsel) [4:00−cv−02532] (rl, COURT STAFF) (Entered: 04/09/2001)

PACER
48 April 13, 2001

PROOF OF SERVICE of order [47−1], order [46−1] [4:00−cv−02532] (rl, COURT STAFF) (Entered: 04/13/2001)

PACER
49 May 1, 2001

NOTICE by Plaintiffs regarding unsubmitted matters. [4:00−cv−02532] (rl, COURT STAFF) (Entered: 05/02/2001)

PACER
50 May 17, 2001

Request, before Judge Saundra Brown Armstrong, by Plaintiff Charles Davis, Plaintiff Jackie Del Rosario, Plaintiff Leeann Bishop, Plaintiff Jessie Fitchett, Plaintiff Harry Prieto, Plaintiff Lorraine Robles, Plaintiff Henry Rojas, Plaintiff Gerald Scott, Plaintiff Hong T., Plaintiff M. W., Plaintiff Kay Yamamoto, Plaintiff Independent Living for scheduling of initial case management conference. [4:00−cv−02532] (rl, COURT STAFF) Modified on 11/07/2001 (Entered: 05/18/2001)

PACER
51 May 23, 2001

MINUTES: ( C/R Not Reported) ( Hearing Date: 5/23/01) Referring the document received (Stipulated Protective Order) [0−0] to a magistrate judge. [4:00−cv−02532] (rl, COURT STAFF) (Entered: 05/30/2001)

PACER
52 May 23, 2001

CLERK'S NOTICE Telephonic Case Management Conference is set for 3:15 p.m. on 7/26/01. [4:00−cv−02532] (rl, COURT STAFF) (Entered: 05/30/2001)

PACER
May 23, 2001

RECEIVED stipulated protective order submitted by Plaintiff [4:00−cv−02532] (kk, COURT STAFF) (Entered: 05/24/2001)

PACER
53 May 30, 2001

ORDER, by Judge Saundra B. Armstrong. Telphonic Case Management Conference is set for 3:15 p.m. on 7/26/01. ( Date Entered: May 31, 2001) (cc: all counsel) [4:00−cv−02532] (rl, COURT STAFF) (Entered: 05/31/2001)

PACER
54 June 7, 2001

PROOF OF SERVICE by Plaintiff Charles Davis, Plaintiff Jackie Del Rosario, Plaintiff Leeann Bishop, Plaintiff Jessie Fitchett, Plaintiff Harry Prieto, Plaintiff Lorraine Robles, Plaintiff Henry Rojas, Plaintiff Gerald Scott, Plaintiff Hong T., Plaintiff M. W., Plaintiff Kay Yamamoto, Plaintiff Independent Living of clerk notice [52−2] [4:00−cv−02532] (rl, COURT STAFF) (Entered: 06/08/2001)

PACER
55 June 18, 2001

PROOF OF SERVICE by Plaintiff of clerk notice [52−2] [4:00−cv−02532] (rl, COURT STAFF) (Entered: 06/18/2001)

PACER
56 July 16, 2001

JOINT CASE MANAGEMENT STATEMENT and PROPOSED ORDER filed. [4:00−cv−02532] (rl, COURT STAFF) (Entered: 07/16/2001)

PACER
57 July 20, 2001

NOTICE by Plaintiff of association of attorney Glenn W. Rhodes, Katherine M Basile, James F. Valentine, Christopher L. Kelley, Lisa S. Buccino [4:00−cv−02532] (rl, COURT STAFF) (Entered: 07/24/2001)

PACER
58 July 27, 2001

NOTICE by defendant SF City and County of unavailability of counsel [4:00−cv−02532] (kk, COURT STAFF) (Entered: 07/31/2001)

PACER
60 Aug. 10, 2001

REPORTER'S TRANSCRIPT; Date of proceedings: July 26, 2001 ( C/R: Carol A. Karen) minutes [59−2] [4:00−cv−02532] (rl, COURT STAFF) (Entered: 08/13/2001)

PACER
61 Aug. 16, 2001

NOTICE of Deaths of Named Defendants by Plaintiff Charles Davis, Plaintiff Jackie Del Rosario, Plaintiff Leeann Bishop, Plaintiff Jessie Fitchett, Plaintiff Harry Prieto, Plaintiff Lorraine Robles, Plaintiff Henry Rojas, Plaintiff Gerald Scott, Plaintiff Hong T., Plaintiff M. W., Plaintiff Kay Yamamoto, Plaintiff Independent Living [4:00−cv−02532] (rl, COURT STAFF) (Entered: 08/17/2001)

PACER
62 Aug. 16, 2001

FIRST AMENDED COMPLAINT [1−1] by Plaintiff Charles Davis, Plaintiff Jackie Del Rosario, Plaintiff Leeann Bishop, Plaintiff Jessie Fitchett, Plaintiff Harry Prieto, Plaintiff Lorraine Robles, Plaintiff Gerald Scott, Plaintiff Hong T., Plaintiff M. W., Plaintiff Independent Living [4:00−cv−02532] (rl, COURT STAFF) (Entered: 08/17/2001)

PACER
Aug. 16, 2001

Docket Modification (Administrative) to terminating party Kay Yamamoto, party Henry Rojas [4:00−cv−02532] (rl, COURT STAFF) (Entered: 08/17/2001)

PACER
63 Aug. 21, 2001

ORDER, by Judge Saundra B. Armstrong, GRANTING IN PART AND DENYING IN PART motion to dismiss case [24−1] ( Date Entered: August 21, 2001) (cc: all counsel) [4:00−cv−02532] (rl, COURT STAFF) (Entered: 08/21/2001)

PACER
64 Aug. 24, 2001

PROOF OF SERVICE by Plaintiff of order [63−1] [4:00−cv−02532] (rl, COURT STAFF) (Entered: 08/27/2001)

PACER
Sept. 5, 2001

RECEIVED Stipulated Proposed Order concerning disclosure of information for named plaintiffs. ( Plaintiff Charles Davis, Plaintiff Jackie Del Rosario, Plaintiff Leeann Bishop, Plaintiff Jessie Fitchett, Plaintiff Harry Prieto, Plaintiff Lorraine Robles, Plaintiff Gerald Scott, Plaintiff Hong T., Plaintiff M. W., Plaintiff Independent Living ) [4:00−cv−02532] (rl, COURT STAFF) (Entered: 09/06/2001)

PACER
65 Sept. 6, 2001

MINUTES: ( C/R Not Reported) ( Hearing Date: 9/6/01) Hearing held re stipulated protective order. Referring case for discovery to a magistrate judge. [4:00−cv−02532] (rl, COURT STAFF) (Entered: 09/07/2001)

PACER
Sept. 7, 2001

REFERRAL: referring case for discovery to Mag. Judge Wayne D. Brazil [4:00−cv−02532] (wh, COURT STAFF) (Entered: 09/07/2001)

PACER
66 Sept. 13, 2001

STIPULATION and Protective ORDER, by Mag. Judge Wayne D. Brazil, concerning disclosure of information for named plaintiffs. (cc: all counsel) [4:00−cv−02532] (rl, COURT STAFF) (Entered: 09/17/2001)

PACER
67 Sept. 25, 2001

NOTICE OF MOTION AND MOTION WITH MEMORANDUM OF POINTS AND AUTHORITIES before Judge Saundra B. Armstrong by defendant California HHS, defendant Grantland Johnson, defendant Department of Health, defendant Diana Bonta, defendant California Dept. of, defendant Rita Saenz, defendant California Dept. of, defendant Stephen Mayberg, defendant California Dept., defendant Lynda Terry to dismiss complaint , and to strike complaint [62−1] with Notice set for 12/11/01 at 1:00pm [4:00−cv−02532] (kk, COURT STAFF) (Entered: 09/26/2001)

PACER
68 Sept. 27, 2001

NOTICE OF MOTION AND MOTION before Judge Saundra B. Armstrong by defendant SF City and County to strike portions of first amended complaint and to dismiss seventh claims for relief for breach of contract with Notice set for 12/11/01 at 1:00 [4:00−cv−02532] (kc, COURT STAFF) (Entered: 10/02/2001)

PACER
69 Sept. 27, 2001

MEMORANDUM by defendant SF City and County in support of motion to strike portions of first amended complaint [68−1] and motion to dismiss seventh claims [68−2] [4:00−cv−02532] (kc, COURT STAFF) (Entered: 10/02/2001)

PACER
71 Sept. 27, 2001

DECLARATION by Blake P. Loebs on behalf of defendant SF City and County re motion to strike portions of first amended complaint and [68−1], re motion to dismiss seventh claims [68−2] [4:00−cv−02532] (kc, COURT STAFF) (Entered: 10/02/2001)

PACER
Sept. 27, 2001

RECEIVED Proposed Order (defendant SF City and County ) re: motion to strike portions of first amended complaint and [68−1], re: motion to dismiss seventh claims [68−2] [4:00−cv−02532] (kc, COURT STAFF) (Entered: 10/02/2001)

PACER
73 Oct. 1, 2001

CASE MANAGEMENT STATEMENT and PROPOSED ORDER filed. [4:00−cv−02532] (kk, COURT STAFF) (Entered: 10/03/2001)

PACER
72 Oct. 3, 2001

LETTER dated 9/24/01 from Kimberly Swain to Director of ADR Program re: ADR selection. [4:00−cv−02532] (cmf, COURT STAFF) (Entered: 10/03/2001)

PACER
74 Oct. 3, 2001

CLERK'S NOTICE Case Management Conference set for 1:00pm on 12/11/01 ; [4:00−cv−02532] (kk, COURT STAFF) (Entered: 10/05/2001)

PACER
75 Oct. 12, 2001

PROOF OF SERVICE by Plaintiff of clerk notice [74−2] [4:00−cv−02532] (kk, COURT STAFF) (Entered: 10/15/2001)

PACER
76 Oct. 24, 2001

STIPULATION of parties regarding assignment of Magistrate Judge for early settlement conference [4:00−cv−02532] (kk, COURT STAFF) (Entered: 10/25/2001)

PACER
Oct. 24, 2001

RECEIVED Proposed Order ( ) re: stipulation [76−1] [4:00−cv−02532] (kk, COURT STAFF) (Entered: 10/25/2001)

PACER
77 Oct. 26, 2001

ORDER by Judge Saundra B. Armstrong referring case for early settlement () (cc: all counsel) [4:00−cv−02532] (kk, COURT STAFF) (Entered: 10/30/2001)

PACER
Oct. 30, 2001

REFERRAL: referring case for settlement to Magistrate Judge Edward M. Chen [4:00−cv−02532] (wh, COURT STAFF) (Entered: 10/30/2001)

PACER
78 Nov. 5, 2001

NOTICE OF MOTION AND MOTION before Judge Saundra B. Armstrong by defendant SF City and County to stay Discovery with Notice set for 12/11/01 at 1:00 p.m. [4:00−cv−02532] (jlm, COURT STAFF) (Entered: 11/08/2001)

PACER
79 Nov. 5, 2001

MEMORANDUM by defendant SF City and County in support of motion to stay Discovery [78−1] [4:00−cv−02532] (jlm, COURT STAFF) (Entered: 11/08/2001)

PACER
80 Nov. 5, 2001

DECLARATION by Margarita Gutierrez on behalf of defendant SF City and County re motion to stay Discovery [78−1] [4:00−cv−02532] (jlm, COURT STAFF) (Entered: 11/08/2001)

PACER
81 Nov. 5, 2001

MEMORANDUM by Plaintiff in opposition to motion to dismiss complaint [67−1], motion to strike complaint [62−1] [67−2] [4:00−cv−02532] (jlm, COURT STAFF) (Entered: 11/08/2001)

PACER
82 Nov. 5, 2001

MEMORANDUM by Plaintiff in opposition to motion to strike portions of first amended complaint and [68−1], motion with Notice set for 12/11/01 at 1:00 [4:00−cv−02532] [68−2] [4:00−cv−02532] (jlm, COURT STAFF) (Entered: 11/08/2001)

PACER
Nov. 5, 2001

RECEIVED Proposed Order ( defendant SF City and County ) re: motion to stay Discovery [78−1] [4:00−cv−02532] (jlm, COURT STAFF) (Entered: 11/08/2001)

PACER
83 Nov. 9, 2001

PROOF OF SERVICE by Plaintiffs of order [77−2] [4:00−cv−02532] (jlm, COURT STAFF) (Entered: 11/14/2001)

PACER
84 Nov. 13, 2001

JOINDER by defendant California HHS, defendant Grantland Johnson, defendant Department of Health, defendant Diana Bonta, defendant California Dept. of, defendant Rita Saenz, defendant California Dept. of, defendant Stephen Mayberg, defendant California Dept., defendant Lynda Terry re motion to stay Discovery [78−1] [4:00−cv−02532] (kk, COURT STAFF) (Entered: 11/15/2001)

PACER
86 Nov. 20, 2001

DECLARATION by Lisa S. Buccino on behalf of Plaintiff Charles Davis, Plaintiff Jackie Del Rosario, Plaintiff Leeann Bishop, Plaintiff Jessie Fitchett, Plaintiff Harry Prieto, Plaintiff Lorraine Robles, Plaintiff Gerald Scott, Plaintiff Hong T., Plaintiff M. W., Plaintiff Independent Living re opposition [85−1] [4:00−cv−02532] (kk, COURT STAFF) (Entered: 11/21/2001)

PACER
87 Nov. 20, 2001

PROOF OF SERVICE by Plaintiff Charles Davis, Plaintiff Jackie Del Rosario, Plaintiff Leeann Bishop, Plaintiff Jessie Fitchett, Plaintiff Harry Prieto, Plaintiff Lorraine Robles, Plaintiff Gerald Scott, Plaintiff Hong T., Plaintiff M. W., Plaintiff Independent Living of declaration [86−1], opposition [85−1] [4:00−cv−02532] (kk, COURT STAFF) (Entered: 11/21/2001)

PACER
88 Nov. 20, 2001

REPLY by defendant SF City and County to opposition to motion with Notice set for 12/11/01 at 1:00 [4:00−cv−02532] [68−2] [4:00−cv−02532] (kk, COURT STAFF) (Entered: 11/21/2001)

PACER

Case Details

State / Territory:

California

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Olmstead Cases

Key Dates

Filing Date: July 13, 2000

Closing Date: 2007

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Residents of the Laguna Honda Hospital and Rehabilitation Center

Attorney Organizations:

Bazelon Center

Disability Rights Education & Defense Fund (DREDF)

NDRN/Protection & Advocacy Organizations

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

City

San Francisco City and County

State

State of California

Case Details

Causes of Action:

42 U.S.C. § 1983

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

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

Nursing Care Reform Act of 1987/ Omnibus Reconciliation Act

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

Other Dockets:

Northern District of California 4:00-cv-02532

Available Documents:

Injunctive (or Injunctive-like) Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 2004 - 2007

Issues

Benefits (Source):

Medicaid

Medicare

Recommended Citation