Case: Eager v. Engler

5:02-cv-00044 | U.S. District Court for the Western District of Michigan

Filed Date: March 19, 2002

Closed Date: Feb. 2, 2004

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Case Summary

On March 19, 2002, seven individuals with disabilities and five organizations which advocate for community placement for people with disabilities filed a lawsuit against the state of Michigan under the Medical Assistance Act, 42 U.S.C. § 1396 et seq., the Americans with Disabilities Act, 42 U.S.C. § 12101 et seq., and Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794 in the U.S. District Court for the Western District of Michigan, Southern Division. The plaintiffs, represented by legal services, asked the court for declaratory and injunctive relief, alleging that the State was unlawfully and unnecessarily segregating people with disabilities in nursing homes rather than serving them in the most integrated setting appropriate to their needs--their own homes. Specifically, the plaintiffs requested the admission to the waiver program, the creation of waiting lists for MiChoice, and the provision of information to the public about the MiChoice program.

After long and detailed settlement negotiations, on February 2, 2004, the parties reached a settlement whereby for FY '04, the state was required to allocate no less than $100 million to the MiChoice program, the state agreed to take steps to ensure greater public understanding of long term care options, and the state would use identical criteria for both applicants for the MiChoice program and applicants to nursing facilities, etc.

Summary Authors

Kunyi Zhang (2/19/2011)

People

Judge(s)

McKeague, David William (Michigan)

Attorney for Plaintiff

Cody, Mark A. (Michigan)

Hirschel, Alison (Michigan)

Singer, Abraham (Michigan)

Attorney for Defendant

Marsden, Erica Weiss (Michigan)

Judge(s)

McKeague, David William (Michigan)

Attorney for Plaintiff

Cody, Mark A. (Michigan)

Hirschel, Alison (Michigan)

Singer, Abraham (Michigan)

Attorney for Defendant

Marsden, Erica Weiss (Michigan)

Documents in the Clearinghouse

Documents in this case

5:02-cv-00044	Docket	Feb. 2, 2004	Feb. 2, 2004 Docket
1 5:02-cv-00044	Complaint	March 19, 2002	March 19, 2002 Complaint
30 5:02-cv-00044	Stipulation for Settlement	Dec. 15, 2003	Dec. 15, 2003 Settlement Agreement
32 5:02-cv-00044	Order (Dismissing the Case)	Feb. 2, 2004	Feb. 2, 2004 Order/Opinion
5:02-cv-00044	Presentation to the Governor’s Task Force on Medicaid Long Term Care No Court	Sept. 13, 2004	Sept. 13, 2004 Press Release

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Docket

Last updated March 25, 2025, 8:09 a.m.

ECF Number	Date	Description	Link
1	March 19, 2002	COMPLAINT against all defendants; filed by Robert Eager, Grand Rapids Center for Independent Living, Great Lakes Center for Independent Living, Howard Hugger, Terrell King, Georgette Kraft, Dennis Lowe, Michigan Association of Centers For Independent Living, Michigan Campaign for Quality Care, Michigan Disability Rights Coalition, Dora Oats, Evelyn G. Wright (Attachments:, # 1, # 2, # 3)(ldm, ) (Entered: 03/19/2002)	PACER
	March 19, 2002	Summons Issued as to John Engler (ldm, ) (Entered: 03/19/2002)	PACER
	March 19, 2002	Summons Issued as to James K. Haveman Jr. (ldm, ) (Entered: 03/19/2002)	PACER
2	April 4, 2002	SUMMONS Returned Executed; John Engler served on 3/19/2002, answer due 4/8/2002 (lkd, ) (Entered: 04/04/2002)	PACER
3	April 4, 2002	SUMMONS Returned Executed; James K. Haveman Jr. served on 3/19/2002, answer due 4/8/2002 (lkd, ) (Entered: 04/04/2002)	PACER
4	April 8, 2002	ANSWER to Complaint ; Affirmative Defenses by John Engler, James K. Haveman Jr. (pjl, ) (Entered: 04/09/2002)	PACER
5	April 8, 2002	PROOF OF SERVICE by John Engler, James K. Haveman Jr. re 4 Answer to Complaint and Affirmative Defenses (pjl, ) (Entered: 04/09/2002)	PACER
6	April 9, 2002	ORDER Setting Rule 16 Scheduling Conference before Judge David W. McKeague: Rule 16 scheduling conference set for 5/6/2002 at 11:00 AM at Lansing, MI; status report due by 5/1/2002; signed by Judge David W. McKeague (Judge David W. McKeague, bsd) (Entered: 04/09/2002)	PACER
	April 10, 2002	Copies of Order Setting Rule 16 Scheduling Conference #6 sent via U.S. Mail to Attorneys Mark A. Cody and Erica Marsden (ldm) (Entered: 04/10/2002)	PACER
7	April 11, 2002	CHANGE OF ADDRESS by Mark A. Cody (copy of address change forwarded to atty maint clerk) (pjl) (Entered: 04/11/2002)	PACER
8	May 1, 2002	JOINT STATUS REPORT submitted for filing (lkd) Modified on 5/3/2002 (lkd). (Entered: 05/03/2002)	PACER
9	May 6, 2002	Notice of Rule 16 scheduling conference re−set for 5/17/2002 at 11:00 AM at Lansing, MI;before Judge David W. McKeague (Judge David W. McKeague, bsd) (Entered: 05/06/2002)	PACER
	May 6, 2002	Copies of 9 Notice of Hearing sent via U.S. Mail to attys Cody and Marsden (pjl) (Entered: 05/06/2002)	PACER
11	May 17, 2002	Minute Entry: Scheduling Conference held before David W. McKeague (Judge David W. McKeague, bsd) (Entered: 05/24/2002)	PACER
10	May 24, 2002	CASE MANAGEMENT ORDER: telephone status conference set for 6/13/2002 at 04:30 PM at Lansing, MI;; signed by Judge David W. McKeague (Judge David W. McKeague, bsd) (Entered: 05/24/2002)	PACER
	May 24, 2002	Copies of #10 sent via U.S. Mail to attys Cody and Marsden (lkd) (Entered: 05/28/2002)	PACER
12	June 13, 2002	Minute Entry: Telephone Status Conference held before David W. McKeague (Judge David W. McKeague, bsd) (Entered: 06/17/2002)	PACER
13	June 19, 2002	SECOND CASE MANAGEMENT ORDER: telephone status conference set for 11/4/2002 at 02:30 PM at Lansing, MI;; signed by Judge David W. McKeague (Judge David W. McKeague, bsd) (Entered: 06/19/2002)	PACER
	June 19, 2002	Copies of #13 sent via U.S. Mail to attys Cody and Marsden (lkd) (Entered: 06/19/2002)	PACER
14	Aug. 7, 2002	STIPULATION re 13 to Modify Second Case Management Order filed by John Engler and by Robert Eager, Grand Rapids Center for Independent Living, Great Lakes Center for Independent Living, Howard Hugger, Terrell King, Georgette Kraft, Dennis Lowe, Michigan Association of Centers For Independent Living, Michigan Campaign for Quality Care, Michigan Disability Rights Coalition, Dora Oats, Evelyn G. Wright (pjl, ) (Entered: 08/07/2002)	PACER
15	Aug. 14, 2002	ORDER MODIFYING SECOND CASE MANAGEMENT ORDER re 14 ; signed by Judge David W. McKeague (Judge David W. McKeague, pjr) (Entered: 08/14/2002)	PACER
	Aug. 14, 2002	Copies of 15 Order sent via U.S. Mail to Mark Cody and Erica Marsden (pjl) (Entered: 08/14/2002)	PACER
17	Dec. 16, 2002	Minute Entry: Status Conference held before David W. McKeague; to be rescheduled for March, 2003, at which time defendant shall report position of new administration; (Judge David W. McKeague, bsd) (Entered: 12/20/2002)	PACER
18	Dec. 20, 2002	NOTICE of telephone status conference set for 3/3/2003 at 11:45 AMbefore Judge David W. McKeague (Judge David W. McKeague, bsd) (Entered: 12/20/2002)	PACER
	Dec. 20, 2002	Copies of 18 Notice of Hearing sent via U.S. Mail to Mark Cody and Erica Marsden (pjl) (Entered: 12/20/2002)	PACER
19	March 3, 2003	Minutes of telephone status conference held before Judge David W. McKeague (Judge David W. McKeague, bsd) (Entered: 03/03/2003)	PACER
20	March 3, 2003	NOTICE of telephone status conference set for 5/12/2003 at 08:30 AM at Lansing, MI before Judge David W. McKeague; (Judge David W. McKeague, bsd) (Entered: 03/03/2003)	PACER
	March 3, 2003	Copy of Notice of Hearing 20 sent via U.S. Mail to Mark Cody and Erica Marsden (pjl) (Entered: 03/03/2003)	PACER
21	May 16, 2003	NOTICE of telephone status conference re−set for 7/7/2003 at 02:30 PM at Lansing, MI before Judge David W. McKeague; (Judge David W. McKeague, bsd) (Entered: 05/16/2003)	PACER
	May 16, 2003	Copy of Notice of Hearing 21 sent via U.S. Mail to Mark Cody and Erica Marsden (pjl) (Entered: 05/19/2003)	PACER
22	June 26, 2003	NOTICE of TIME CHANGE for status conference on 7/7/2003 to 10:30 AM at Lansing, MI before Judge David W. McKeague; (Judge David W. McKeague, bsd) (Entered: 06/26/2003)	PACER
	June 27, 2003	Copy of Notice of Time Change 22 sent via U.S. Mail to Mark Cody and Erica Marsden (pjl, ) (Entered: 06/27/2003)	PACER
23	July 7, 2003	Minutes of status conference held before Judge David W. McKeague. Parties agree to continue settlement discussions for an additional 60 days. In−person status conference to be held after that time, if no settlement is achieved. Seven days prior to conference, parties shall file joint statement of outstanding points of disagreement. (Judge David W. McKeague, bsd) (Entered: 07/07/2003)	PACER
24	July 7, 2003	NOTICE of status conference set for 9/8/2003 at 08:00 AM at Lansing, MI before Judge David W. McKeague; status report due by 9/1/2003 (Judge David W. McKeague, bsd) (Entered: 07/07/2003)	PACER
	July 8, 2003	Copy of Notice of Hearing 24 sent via U.S. Mail to attys Cody and Marsden (lkd) (Entered: 07/08/2003)	PACER
25	July 14, 2003	NOTICE of status conference re−set to 9/9/2003 at 08:00 AM at Lansing, MI before Judge David W. McKeague; (Judge David W. McKeague, bsd) (Entered: 07/14/2003)	PACER
	July 14, 2003	Copy of Re−Notice of Status Conference 25 sent via U.S. Mail to Mark Cody and Erica Marsden (pjl, ) (Entered: 07/14/2003)	PACER
26	Aug. 12, 2003	NOTICE of status conference re−set for 9/15/2003 at 08:00 AM at Lansing, MI before Judge David W. McKeague; status report due by 9/8/2003 (Judge David W. McKeague, bsd) (Entered: 08/12/2003)	PACER
	Aug. 12, 2003	Copy of Notice of Hearing 26 sent via U.S. Mail to attys Cody and Marsden (lkd) (Entered: 08/12/2003)	PACER
27	Sept. 4, 2003	NOTICE of status conference set for 10/20/2003 at 01:30 PM at Lansing, MI before Judge David W. McKeague; status report due by 10/14/2003 (Judge David W. McKeague, bsd) (Entered: 09/04/2003)	PACER
	Sept. 5, 2003	Copy of Notice of Hearing 27 sent via U.S. Mail to Attys Mark Cody and Erica Marsden (ldm, ) (Entered: 09/05/2003)	PACER
29	Oct. 20, 2003	MINUTES of status conference held before Judge David W. McKeague; final closing documents to be submitted to court for signature no later than December 15, 2003 (Judge David W. McKeague, bsd) (Entered: 10/21/2003)	PACER
30	Dec. 15, 2003	STIPULATION OF SETTLEMENT by plaintiffs Robert Eager, Grand Rapids Center for Independent Living, Great Lakes Center for Independent Living, Howard Hugger, Terrell King, Georgette Kraft, Dennis Lowe, Michigan Association of Centers For Independent Living, Michigan Campaign for Quality Care, Michigan Disability Rights Coalition, Dora Oats, Evelyn G. Wright, defendants John Engler, James K. Haveman Jr. (pjl, ) (Entered: 12/17/2003)	PACER
31	Jan. 20, 2004	PROPOSED STIPULATION and ORDER re: Settlement by plaintiffs Robert Eager, Grand Rapids Center for Independent Living, Great Lakes Center for Independent Living, Howard Hugger, Terrell King, Georgette Kraft, Dennis Lowe, Michigan Association of Centers For Independent Living, Michigan Campaign for Quality Care, Michigan Disability Rights Coalition, Dora Oats, Evelyn G. Wright, defendants John Engler, James K. Haveman Jr. (pjl, ) (Entered: 01/21/2004)	PACER
32	Feb. 2, 2004	ORDER granting STIPULATION re 31 stipulation for settlement is approved and constitutes a final adjudication of this matter ; signed by Judge David W. McKeague (Judge David W. McKeague, pjr) (Entered: 02/02/2004)	PACER
	Feb. 2, 2004	Copy of Order on Stipulation and Proposed Order 32 sent via U.S. Mail to attys Marsden and Cody (lkd) (Entered: 02/02/2004)	PACER