Case: Disability Rights New Jersey v. Velez

3:05-cv-01784 | U.S. District Court for the District of New Jersey

Filed Date: April 5, 2005

Closed Date: Oct. 3, 2017

Clearinghouse coding complete

Case Summary

NOTE: This is one of three identically named cases in the Clearinghouse. For the 2005 case generally challenging the unnecessary institutionalization of individuals with disabilities in New Jersey, see Disability Rights New Jersey v. Velez (3:05-cv-04723). For the case challenging the long waitlists for community-based services, see Disability Rights New Jersey v. Velez (3:08-cv-01858). On April 5, 2005, a non-profit organization representing approximately one thousand individuals confined in p…

On April 5, 2005, a non-profit organization representing approximately one thousand individuals confined in psychiatric hospitals in New Jersey filed a lawsuit against Commissioner of the New Jersey Department of Human Services under Due Process Clause, the Americans with Disabilities Act, and Section 504 of the Rehabilitation Act in the U.S. District Court for the District of New Jersey. The plaintiff, represented by public services counsel, asked the Court for declaratory and injunctive relief, alleging that the defendant failed to provide community placements for individuals currently residing in state psychiatric hospitals that had been adjudicated as no longer meeting the standards for civil commitment. Specifically, the plaintiff claimed that the defendant had used the Conditional Extension Pending Placement ("CEPP") to confine individuals for excessive periods of time and has failed to implement an effective plan for discharging these individuals into the community, even though under New Jersey law, the state might use CEPP to continue confinement while the state was still developing an appropriate community placement.

On September 30, 2005, the Court (Judge Stanley R. Chesler) denied the defendant's motion to dismiss.

On July 29, 2009, after extended negotiations, the parties reached a settlement whereby the state agreed to place 1065 individuals in the community through FY 2014.

The agreement was initially set to last until 2014. But, by November 2014, the defendant was not set to meet the requirements of the consent decree. Judge Wolfson therefor extended the agreement until 2016. On March 2, 2017, the parties submitted a letter to the court notifying it of substantial compliancy by the defendants. The consent decree terminated and the case is now closed.

Summary Authors

Kunyi Zhang (3/1/2011)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5706352/parties/disability-rights-new-jersey-inc-v-velez/

Judge(s)

Bongiovanni, Tonianne J. (New Jersey)

Chesler, Stanley R. (New Jersey)

Attorney for Plaintiff

Carr, Jeffrey A. (New Jersey)

Dodick, Helen C. (New Jersey)

Attorney for Defendant

Dacosta, David L (New Jersey)

Judge(s)

Bongiovanni, Tonianne J. (New Jersey)

Chesler, Stanley R. (New Jersey)

Wolfson, Freda L. (New Jersey)

Attorney for Plaintiff

Carr, Jeffrey A. (New Jersey)

Dodick, Helen C. (New Jersey)

Dwyer, William Emmett (New Jersey)

Kouletsis, Nicholas M. (New Jersey)

Lauch, Patricia Ann (New Jersey)

Stern, Jordan Adam (New Jersey)

Attorney for Defendant

Dacosta, David L (New Jersey)

Hughes, Gerard Andrew (New Jersey)

Mitchell, Beth Leigh (New Jersey)

Polanco, Katiusca (New Jersey)

Tompkins, Laurie Manus (New Jersey)

use), KATIUSCA POLANCO(do (New Jersey)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

3:05-cv-01784	Docket Disability Rights New Jersey, Inc. v. Velez	Oct. 3, 2017	Oct. 3, 2017 Docket
2 3:05-cv-01784	Complaint Disability Rights New Jersey, Inc. v. Velez	May 19, 2005	May 19, 2005 Complaint
17 3:05-cv-01784	Opinion (Motion to Dismiss Denied) Disability Rights New Jersey, Inc. v. Velez	Sept. 30, 2005	Sept. 30, 2005 Order/Opinion 2005 WL 2416962
69-2 3:05-cv-01784	Settlement Agreement Disability Rights New Jersey, Inc. v. Velez	July 29, 2009	July 29, 2009 Settlement Agreement

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Resources

Resources related to this case
Title	Description		External URL Date / External URL
Disability Rights New Jersey v. Velez	The settlement brought about a significant transformation of New Jersey’s mental health service system. The state greatly expanded supported housing and other community services for people with ser…	March 2017	March 1, 2017 http://www.bazelon.org/...
Disability Rights New Jersey v. Velez The Bazelon Center	The settlement brought about a significant transformation of New Jersey’s mental health service system. The state greatly expanded supported housing and other community services for people with ser…	2017	Jan. 1, 2017 http://www.bazelon.org/...

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/5706352/disability-rights-new-jersey-inc-v-velez/

Last updated March 26, 2026, 4:51 a.m.

ECF Number	Date	Description	Link
1	April 5, 2005	COMPLAINT against JAMES DAVY ( Filing fee $ 250 receipt number 341338.), filed by NEW JERSEY PROTECTION AND ADVOCACY INC.,(tp ) (Entered: 04/05/2005)	RECAP
	April 5, 2005	Summons Issued as to JAMES DAVY.Days Due - 20. (tp )
2	May 19, 2005	AMENDED COMPLAINT against JAMES DAVY, filed by NEW JERSEY PROTECTION AND ADVOCACY INC.,.(DWYER, WILLIAM) (Entered: 05/19/2005)	RECAP
3	June 2, 2005	Application and Proposed Order for Clerk's Order to extend time to answer as to Amended Complaint. Attorney KATIUSCA POLANCO and KATIUSCA POLANCO for JAMES DAVY added. (POLANCO, KATIUSCA) (Entered: 06/02/2005)	RECAP
	June 3, 2005	Clerk's Text only order granting Application for extension of time for dft. James Davy to answer to 6/21/05 (ck)
4	June 20, 2005	First MOTION for Extension of Time to File Answer re 2 Amended Complaint by JAMES DAVY. (Attachments: # 1 Certificate of Service # 2 Certification # 3 Text of Proposed Order)(POLANCO, KATIUSCA) (Entered: 06/20/2005)	RECAP
	June 21, 2005	Set Deadlines as to 4 First MOTION for Extension of Time to File Answer re 2 Amended Complaint. Motion Hearing set for 7/18/2005 10:00 AM in Trenton - Courtroom 6W before Magistrate Judge John J. Hughes. (PLEASE NOTE THAT PURSUANT TO FED. R. CIV. P. 78 AND LOCAL RULE 7.1(B)(4), NO ORAL ARGUMENT WILL BE HELD IN THIS MATTER AND PARTIES SHOULD NOT APPEAR UNLESS SPECIFICALLY DIRECTED TO DO SO BY THE COURT.) (ck )
5	July 6, 2005	First MOTION to Dismiss by JAMES DAVY. Responses due by 7/6/2005 (Attachments: # 1 Brief in support of motion to dismiss# 2 Certificate of Service)(MITCHELL, BETH) (Entered: 07/06/2005)	RECAP
6	July 7, 2005	Amended MOTION to Dismiss (per 7/7/05 electronic notice from court) by JAMES DAVY. Responses due by 7/6/2005 (Attachments: # 1 Brief (revised ) in support of motion to dismiss# 2 Certificate of Service (revised))(MITCHELL, BETH) (Entered: 07/07/2005)	RECAP
	July 7, 2005	CLERKS OFFICE QUALITY CONTROL MESSAGE - Attachment #1 Brief to 52 Motion to Dismiss submitted by BETH MITCHELL, ESQ. on 7/6/05 did not contain a proper electronic signature (s/). PLEASE RESUBMIT THE DOCUMENT WITH THE PROPER ELECTRONIC SIGNATURE BY 7/12/05. This submission will remain on the docket unless otherwise ordered by the court. This message is for informational purposes only.. (ck)
	July 7, 2005	Set Deadlines as to 5 First MOTION to Dismiss. Motion Hearing set for 8/1/2005 10:00 AM in Trenton - Courtroom 5E before Judge Stanley R. Chesler. (PLEASE NOTE THAT PURSUANT TO FED. R. CIV. P. 78 AND LOCAL RULE 7.1(B)(4), NO ORAL ARGUMENT WILL BE HELD IN THIS MATTER AND PARTIES SHOULD NOT APPEAR UNLESS SPECIFICALLY DIRECTED TO DO SO BY THE COURT.) (ck)
	July 8, 2005	Set Deadlines as to 6 Amended MOTION to Dismiss (per 7/7/05 electronic notice from court). Motion Hearing set for 8/1/2005 10:00 AM in Trenton - Courtroom 5E before Judge Stanley R. Chesler. (PLEASE NOTE THAT PURSUANT TO FED. R. CIV. P. 78 AND LOCAL RULE 7.1(B)(4), NO ORAL ARGUMENT WILL BE HELD IN THIS MATTER AND PARTIES SHOULD NOT APPEAR UNLESS SPECIFICALLY DIRECTED TO DO SO BY THE COURT.) (ck)
7	July 12, 2005	ORDER granting 4 Motion for Extension of Time to Answer TO 7/26/05 . Signed by Judge John J. Hughes on 7/12/05. (ms) (Entered: 07/12/2005)	RECAP
8	Sept. 9, 2005	BRIEF in Opposition re 6 Amended MOTION to Dismiss (per 7/7/05 electronic notice from court) filed by NEW JERSEY PROTECTION AND ADVOCACY INC.,. (STERN, JORDAN) (Entered: 09/09/2005)	RECAP
9	Sept. 9, 2005	AFFIDAVIT in Support re 6 Amended MOTION to Dismiss (per 7/7/05 electronic notice from court) filed by NEW JERSEY PROTECTION AND ADVOCACY INC.,. (Attachments: # 1 Certificate of Service)(STERN, JORDAN) (Entered: 09/09/2005)	RECAP
10	Sept. 19, 2005	MOTION for Leave to Appear Pro Hac Vice by NEW JERSEY PROTECTION AND ADVOCACY INC.,. (Attachments: # 1 Declaration of Alison Barkoff# 2 Order# 3 Certificate of Service)(DWYER, WILLIAM) (Entered: 09/19/2005)	RECAP
11	Sept. 19, 2005	MOTION for Leave to Appear Pro Hac Vice by NEW JERSEY PROTECTION AND ADVOCACY INC.,. (Attachments: # 1 Declaration of Ira Burnim# 2 Order# 3 Certificate of Service)(DWYER, WILLIAM) (Entered: 09/19/2005)	RECAP
12	Sept. 19, 2005	MOTION for Leave to Appear Pro Hac Vice by NEW JERSEY PROTECTION AND ADVOCACY INC.,. (Attachments: # 1 Declaration of Jennifer Mathis# 2 Order# 3 Certificate of Service)(DWYER, WILLIAM) (Entered: 09/19/2005)	RECAP
	Sept. 20, 2005	Set Deadlines as to 10 ; 11 ; & 12 MOTIONS for Leave to Appear Pro Hac Vice. Motion Hearing set for 10/17/2005 10:00 AM in Trenton - Courtroom 6W before Magistrate Judge John J. Hughes. (PLEASE NOTE THAT PURSUANT TO FED. R. CIV. P. 78 AND LOCAL RULE 7.1(B)(4), NO ORAL ARGUMENT WILL BE HELD IN THIS MATTER AND PARTIES SHOULD NOT APPEAR UNLESS SPECIFICALLY DIRECTED TO DO SO BY THE COURT.) (ck )
	Sept. 20, 2005	CLERK'S QUALITY CONTROL MESSAGE: Documents 10 ; 11 ; & 12 are not in compliance with Local Civil Rule 7.1(d)(1) which requires Briefs to be submitted as separate documents. While a Brief may be submitted as a SEPARATE ATTACHMENT, it is not to be a part of the moving papers. This message is for informational purposes only. (ck)
13	Sept. 26, 2005	REPLY to Response to Motion re 6 Amended MOTION to Dismiss (per 7/7/05 electronic notice from court) filed by JAMES DAVY. (MITCHELL, BETH) (Entered: 09/26/2005)	RECAP
14	Sept. 27, 2005	NOTICE of Appearance by JORDAN ADAM STERN on behalf of NEW JERSEY PROTECTION AND ADVOCACY INC., (STERN, JORDAN) (Entered: 09/27/2005)	RECAP
15	Sept. 27, 2005	BRIEF in Opposition re 12 MOTION for Leave to Appear Pro Hac Vice, 10 MOTION for Leave to Appear Pro Hac Vice, 11 MOTION for Leave to Appear Pro Hac Vice filed by JAMES DAVY. (Attachments: # 1 Certificate of Service)(MITCHELL, BETH) (Entered: 09/27/2005)	RECAP
16	Sept. 27, 2005	Certification of Beth Leigh Mitchell (cert of service) on behalf of JAMES DAVY Re 13 Reply to Response to Motion. (MITCHELL, BETH) (Entered: 09/27/2005)	RECAP
17	Sept. 30, 2005	OPINION re 6 Amended MOTION to Dismiss (per 7/7/05 electronic notice from court) filed by JAMES DAVY, . Signed by Judge Stanley R. Chesler on 9/30/05. (ck)	RECAP
18	Sept. 30, 2005	ORDER denying 6 Motion to Dismiss . Signed by Judge Stanley R. Chesler on 9/30/05. (ck) (Entered: 09/30/2005)	RECAP
	Oct. 5, 2005	NOTICE of Hearing on Motion 10 MOTION for Leave to Appear Pro Hac Vice, 11 MOTION for Leave to Appear Pro Hac Vice, 12 MOTION for Leave to Appear Pro Hac Vice: Motion Hearing set for 10/17/2005 03:00 PM in Trenton - Courtroom 6W before Magistrate Judge John J. Hughes. (dg, )
19	Oct. 6, 2005	REPLY to Response to Motion re 12 MOTION for Leave to Appear Pro Hac Vice, 10 MOTION for Leave to Appear Pro Hac Vice, 11 MOTION for Leave to Appear Pro Hac Vice filed by NEW JERSEY PROTECTION AND ADVOCACY INC.,. (Attachments: # 1 Certification Supplemental Declaration in Support of Motions for Pro Hac Vice Admissions)(STERN, JORDAN) (Entered: 10/06/2005)	RECAP
20	Oct. 13, 2005	ANSWER to Amended Complaint by JAMES DAVY.(MITCHELL, BETH) (Entered: 10/13/2005)	RECAP
21	Oct. 17, 2005	NOTICE of Hearing: Initial Conference set for 11/14/2005 03:30 PM in Trenton - Courtroom 6E before Magistrate Judge Tonianne J. Bongiovanni. (dg, ) (Entered: 10/17/2005)	RECAP
	Oct. 17, 2005	Minute Entry for proceedings held before Judge John J. Hughes : Motion Hearing held on 10/17/2005 re 12 MOTION for Leave to Appear Pro Hac Vice filed by NEW JERSEY PROTECTION AND ADVOCACY INC.,,, 10 MOTION for Leave to Appear Pro Hac Vice filed by NEW JERSEY PROTECTION AND ADVOCACY INC.,,, 11 MOTION for Leave to Appear Pro Hac Vice filed by NEW JERSEY PROTECTION AND ADVOCACY INC.,,. (Court Reporter FTR / Glynn.) (dg, )
22	Oct. 19, 2005	ORDER granting 10 Motion for Leave to Appear Alison Barkoff, Esq. Pro Hac Vice on behalf of New Jersey Protection and Advocacy, Inc. Signed by Judge John J. Hughes on 10/18/05. (ck ) (Entered: 10/19/2005)	RECAP
23	Oct. 19, 2005	ORDER granting 11 Motion for Leave to Appear Ira A. Burnim, Esq. Pro Hac Vice on behalf of New Jersey Protection and Advocacy, Inc. Signed by Judge John J. Hughes on 10/18/05. (ck) (Entered: 10/19/2005)	RECAP
24	Oct. 19, 2005	ORDER granting 12 Motion for Leave to Appear Jennifer Mathis, Esq. Pro Hac Vice on behalf of New Jersey Protection and Advocacy, Inc. Signed by Judge John J. Hughes on 10/18/05. (ck ) (Entered: 10/19/2005)	RECAP
	Oct. 26, 2005	Pro Hac Vice fee: $ 150, receipt number 345678 received by Alison Barkoff, Esq., $150, receipt number 345679 received by Jennifer Mathis, Esq. & $150, receipt number 345680 received by Ira Burnim, Esq. (lk)
	Nov. 22, 2005	Minute Entry for proceedings held before Judge Tonianne J. Bongiovanni : Initial Pretrial Conference held on 11/22/2005. (mr)
25	Dec. 2, 2005	PRETRIAL SCHEDULING ORDER: Telephone Conference set for 3/13/2006 10:00 AM before Magistrate Judge Tonianne J. Bongiovanni.. Signed by Judge Tonianne J. Bongiovanni on 11/30/05. (ck) (Entered: 12/02/2005)	RECAP
26	Jan. 5, 2006	Substitution of Attorney - Attorney DAVID L. DACOSTA and DAVID L. DACOSTA for JAMES DAVY added. Attorney KATIUSCA POLANCO terminated.. (DACOSTA, DAVID) (Entered: 01/05/2006)	RECAP
	Feb. 22, 2006	Minute Entry for proceedings held before Judge Tonianne J. Bongiovanni: Telephone Conference held on 2/22/2006. Status Telephone Conference set for 3/21/2006 4:00 PM before Magistrate Judge Tonianne J. Bongiovanni. (mm)
27	March 6, 2006	DISCOVERY CONFIDENTIALITY & PROTECTIVE ORDER. Signed by Judge Tonianne J. Bongiovanni on 3/6/06. (ck ) (Entered: 03/06/2006)	RECAP
	March 21, 2006	Minute Entry for proceedings held before Judge Tonianne J. Bongiovanni: Telephone Conference held on 3/21/2006. Status Telephone Conference set for 4/24/2006 2:30 PM before Magistrate Judge Tonianne J. Bongiovanni. Plaintiff to initiate call. (mm)
	April 24, 2006	Minute Entry for proceedings held before Judge Tonianne J. Bongiovanni: Telephone Conference held on 4/24/2006. Status Telephone Conference set for 6/29/2006 11:00 AM before Magistrate Judge Tonianne J. Bongiovanni. Plaintiff is to initiate the call. (mm)
28	April 26, 2006	ORDER confirming that the Status Telephone Conference set for 6/29/2006 11:00 AM before Magistrate Judge Tonianne J. Bongiovanni w/ the pltf's to initiate the call. Signed by Judge Tonianne J. Bongiovanni on 4/25/06. (ck) (Entered: 04/26/2006)	RECAP
	June 29, 2006	Minute Entry for proceedings held before Judge Tonianne J. Bongiovanni: Telephone Conference held on 6/29/2006. Status Telephone Conference set for 7/11/2006 9:30 AM before Magistrate Judge Tonianne J. Bongiovanni. Plaintiff is to initiate the call. (mm)
29	July 10, 2006	ORDER REASSIGNING CASE. Case reassigned to Judge Freda L. Wolfson for all further proceedings. Judge Stanley R. Chesler no longer assigned to case. Signed by Judge Garrett E. Brown, Jr. on 7/10/06. (eh, ) (Entered: 07/12/2006)	RECAP
	July 11, 2006	Minute Entry for proceedings held before Judge Tonianne J. Bongiovanni: Telephone Conference held on 7/11/2006. Status Telephone Conference set for 8/17/2006 11:30 AM before Magistrate Judge Tonianne J. Bongiovanni. Plaintiff to initiate. (mm)
30	July 26, 2006	Letter SCHEDULING ORDER: Telephone Conference reset for 9/20/2006, 11:00 AM in Trenton - Courtroom 6E before Magistrate Judge Tonianne J. Bongiovanni; Signed by Judge Tonianne J. Bongiovanni on 7/24/06 (DH) (Entered: 07/26/2006)	RECAP
31	July 27, 2006	NOTICE of Appearance by GERARD ANDREW HUGHES on behalf of JAMES DAVY (HUGHES, GERARD) (Entered: 07/27/2006)	RECAP
32	Aug. 17, 2006	NOTICE of Appearance by JEFFREY A. CARR on behalf of NEW JERSEY PROTECTION AND ADVOCACY INC., (CARR, JEFFREY) (Entered: 08/17/2006)	RECAP
33	Aug. 17, 2006	NOTICE of Appearance by NICHOLAS M. KOULETSIS on behalf of NEW JERSEY PROTECTION AND ADVOCACY INC., (KOULETSIS, NICHOLAS) (Entered: 08/17/2006)	RECAP
	Sept. 20, 2006	Minute Entry for proceedings held before Judge Tonianne J. Bongiovanni: Telephone Conference held on 9/20/2006. (mm)
34	Oct. 10, 2006	SCHEDULING ORDER setting certain deadlines: Telephone Conference set for 2/1/2007 10:00 AM before Magistrate Judge Tonianne J. Bongiovanni. Pretrial Factual Discovery due by 6/30/2007.. Signed by Judge Tonianne J. Bongiovanni on 10/5/06. (ck, ) (Entered: 10/10/2006)	RECAP
35	Dec. 15, 2006	NOTICE of Change of Address by JEFFREY A. CARR (CARR, JEFFREY) (Entered: 12/15/2006)	RECAP
36	Jan. 4, 2007	LETTER ORDER adjourning the conference call to 22/22/07 at 10am . Signed by Judge Tonianne J. Bongiovanni on 1/4/07. (ck, ) (Entered: 01/04/2007)	RECAP
	Feb. 22, 2007	Minute Entry for proceedings held before Judge Tonianne J. Bongiovanni: Telephone Conference held on 2/22/2007. Status Telephone Conference set for 6/13/2007 10:00 AM before Magistrate Judge Tonianne J. Bongiovanni. (mm)
37	Feb. 23, 2007	ORDER confirming that the conference call is scheduled for 6/13/07 at 10am. Signed by Judge Tonianne J. Bongiovanni on 2/23/07. (ck, ) (Entered: 02/23/2007)	RECAP
	June 13, 2007	Minute Entry for proceedings held before Judge Tonianne J. Bongiovanni: Telephone Conference held on 6/13/2007. (mm)
38	Aug. 9, 2007	MOTION for Leave to Appear Pro Hac Vice by NEW JERSEY PROTECTION AND ADVOCACY INC.,. (Attachments: # 1 Brief in Support of Motion# 2 Declaration # 3 Text of Proposed Order # 4 Certificate of Service)(DWYER, WILLIAM) (Entered: 08/09/2007)	RECAP
	Aug. 10, 2007	Set Deadlines as to 38 MOTION for Leave to Appear Pro Hac Vice. Motion Hearing set for 9/4/2007 10:00 AM in Trenton - Courtroom 6E before Magistrate Judge Tonianne J. Bongiovanni. (PLEASE NOTE THAT PURSUANT TO FED. R. CIV. P. 78 AND LOCAL RULE 7.1(B)(4), NO ORAL ARGUMENT WILL BE HELD IN THIS MATTER AND PARTIES SHOULD NOT APPEAR UNLESS SPECIFICALLY DIRECTED TO DO SO BY THE COURT.) (ck, )
39	Aug. 14, 2007	ORDER granting 38 Motion for Andrew Penn, Esq. Leave to Appear Pro Hac Vice for pltf.. Signed by Judge Tonianne J. Bongiovanni on 8/14/07. (lk) (Entered: 08/14/2007)	RECAP
40	Aug. 15, 2007	Notice of Request by Pro Hac Vice to receive Notices of Electronic Filings. (DWYER, WILLIAM) (Entered: 08/15/2007)	RECAP
	Aug. 16, 2007	CLERK'S QUALITY CONTROL MESSAGE: Regarding document 40 Request for electronic notification of pro hac vice counsel filed by W. Dwyer, Esq.. Counsel is advised that the required payment of $150 has not be received and recorded on the docket. No notice will be recorded until such payment has been received. Counsel is also advised that this request will need to be refiled once payment is recorded (ck )
41	Aug. 23, 2007	Notice of Request by Pro Hac Vice for Andrew Penn to receive Notices of Electronic Filings. (DWYER, WILLIAM) (Entered: 08/23/2007)	RECAP
	Aug. 23, 2007	Pro Hac Vice fee: for Andrew Penn $ 150, receipt number 359527 (lk)
42	Sept. 4, 2007	ORDER SCHEDULING CONFERENCE: Telephone Conference set for 11/1/2007 10:00 AM before Magistrate Judge Tonianne J. Bongiovanni.. Signed by Judge Tonianne J. Bongiovanni on 9/4/07. (ck ) (Entered: 09/04/2007)	RECAP
43	Oct. 5, 2007	NOTICE of Appearance by PATRICIA ANN LAUCH on behalf of NEW JERSEY PROTECTION AND ADVOCACY INC., (LAUCH, PATRICIA) (Entered: 10/05/2007)	RECAP
44	Nov. 2, 2007	LETTER ORDER extending briefing schedule. Signed by Judge Tonianne J. Bongiovanni on 11/1/07. (lk) (Entered: 11/02/2007)	RECAP
45	Nov. 29, 2007	NOTICE by JAMES DAVY Withdrawal of David L. DaCosta as attorney appearing on behalf of Defendant James Davy (DACOSTA, DAVID) (Entered: 11/29/2007)	RECAP
46	Dec. 3, 2007	STIPULATED ORDER substituting defendant and amending caption. Signed by Judge Tonianne J. Bongiovanni on 11/30/07. (ck, ) (Entered: 12/03/2007)	RECAP
47	Dec. 12, 2007	CERTIFICATE OF SERVICE; Subpoena excuted on 12/6/07 by NEW JERSEY PROTECTION AND ADVOCACY INC., (ck, ) (Entered: 12/12/2007)	RECAP
48	Dec. 19, 2007	LETTER ORDER denying pltf's application to compel & directing the defendant to produce unredacted copies of certain documents within ten days. Signed by Judge Tonianne J. Bongiovanni on 12/19/07. (ck, ) (Entered: 12/19/2007)	RECAP
49	Dec. 20, 2007	Letter from New Jersey Protection & Adovocacy ( Patricia A lauch). (LAUCH, PATRICIA) (Entered: 12/20/2007)	RECAP
50	Jan. 7, 2008	STIPULATION and ORDER for discovery and setting teleconference for 2/6/2008 @ 11:00am Signed by Judge Tonianne J. Bongiovanni on 1/5/2008. (ss, ) (Entered: 01/07/2008)	RECAP
	Feb. 6, 2008	Minute Entry for proceedings held before Magistrate Judge Tonianne J. Bongiovanni: Telephone Conference held on 2/6/2008. Status Telephone Conference set for 3/13/2008 11:00 AM before Magistrate Judge Tonianne J. Bongiovanni. Plainitff is to initiate the call. (mm)
51	Feb. 11, 2008	LETTER ORDER: Settlement Conference set for 3/13/2008 11:00 AM before Magistrate Judge Tonianne J. Bongiovanni.. Signed by Magistrate Judge Tonianne J. Bongiovanni on 2/8/08. (lk) (Entered: 02/14/2008)	RECAP
	March 13, 2008	Minute Entry for proceedings held before Magistrate Judge Tonianne J. Bongiovanni: Settlement Conference held on 3/13/2008. (mm)
52	April 1, 2008	ORDER confirming defendant has until 4/9/08 to advise if another settlement conference is needed.. Signed by Magistrate Judge Tonianne J. Bongiovanni on 3/31/2008. (tp ) (Entered: 04/01/2008)	RECAP
	April 11, 2008	Reset Hearings: Settlement Conference set for 4/22/2008 3:00 PM in Trenton - Courtroom 6E before Magistrate Judge Tonianne J. Bongiovanni. (mm)
53	April 15, 2008	LETTER ORDER: Settlement Conference set for 4/22/2008 03:00 PM in Trenton - Courtroom 6E before Magistrate Judge Tonianne J. Bongiovanni. Signed by Magistrate Judge Tonianne J. Bongiovanni on 4/11/08. (ij, ) (Entered: 04/16/2008)	RECAP
	April 22, 2008	Minute Entry for proceedings held before Magistrate Judge Tonianne J. Bongiovanni: Settlement Conference held on 4/22/2008. (mm)
54	April 24, 2008	ORDER tolling Discovery for 30 days. Signed by Magistrate Judge Tonianne J. Bongiovanni on 4/23/2008. (tp ) (Entered: 04/25/2008)	RECAP
55	May 5, 2008	ORDER, ( Settlement Conference set for 5/20/2008 02:30 PM in Trenton - Courtroom 6E before Magistrate Judge Tonianne J. Bongiovanni.). Signed by Magistrate Judge Tonianne J. Bongiovanni on 5/2/2008. (tp ) (Entered: 05/05/2008)	RECAP
	May 20, 2008	Minute Entry for proceedings held before Magistrate Judge Tonianne J. Bongiovanni: Settlement Conference held on 5/20/2008. (mm)
56	June 3, 2008	ORDER setting telephone conference for 7/2/2008. Signed by Magistrate Judge Tonianne J. Bongiovanni on 6/2/2008. (tp ) (Entered: 06/04/2008)	RECAP
	July 2, 2008	Minute Entry for proceedings held before Magistrate Judge Tonianne J. Bongiovanni: Telephone Conference held on 7/2/2008. (mm)
57	July 10, 2008	NOTICE by NEW JERSEY PROTECTION AND ADVOCACY INC., Withdrawal of Appearance of Alison Barkoff (CARR, JEFFREY) (Entered: 07/10/2008)	RECAP
58	Aug. 11, 2008	LETTER ORDER setting phone conference for 9/3/2008 at 9:30am. Signed by Magistrate Judge Tonianne J. Bongiovanni on 8/11/2008. (tp ) (Entered: 08/11/2008)	RECAP
	Sept. 3, 2008	Minute Entry for proceedings held before Magistrate Judge Tonianne J. Bongiovanni: Telephone Conference held on 9/3/2008. Status Telephone Conference set for 10/2/2008 2:00 PM before Magistrate Judge Tonianne J. Bongiovanni. (mm)
59	Sept. 4, 2008	LETTER ORDER confirming teleconference set for October 2, 2008 at 3:00 p.m. Signed by Magistrate Judge Tonianne J. Bongiovanni on 9/3/08. (ij, ) (Entered: 09/04/2008)	RECAP
	Oct. 3, 2008	Minute Entry for proceedings held before Magistrate Judge Tonianne J. Bongiovanni: Telephone Conference held on 10/3/2008. (mm)
60	Oct. 6, 2008	LETTER ORDER re: settlement & discovery. Signed by Magistrate Judge Tonianne J. Bongiovanni on 10/3/08. (lk) (Entered: 10/06/2008)	RECAP
61	Oct. 24, 2008	STIPULATION re 1 Complaint, 2 Amended Complaint changing caption to reflect Plaintiff's new name by JENNIFER VELEZ. (MITCHELL, BETH) (Entered: 10/24/2008)	RECAP
62	Oct. 24, 2008	NOTICE of Appearance by LAURIE PAULA MANUS on behalf of JENNIFER VELEZ (Attachments: # 1 Certificate of Service)(MANUS, LAURIE) (Entered: 10/24/2008)	RECAP
63	Oct. 27, 2008	ORDER SCHEDULING CONFERENCE: Settlement Conference set for 12/10/2008 02:30 PM in Trenton - Courtroom 6E before Magistrate Judge Tonianne J. Bongiovanni. Signed by Magistrate Judge Tonianne J. Bongiovanni on 10/27/2008. (mmh) (Entered: 10/27/2008)	RECAP
64	Oct. 29, 2008	STIPULATED ORDER Substituting Plaintiff's Name and Amending Caption. Signed by Magistrate Judge Tonianne J. Bongiovanni on 10/28/2008. (mmh) (Entered: 10/29/2008)	RECAP
	Dec. 10, 2008	Minute Entry for proceedings held before Magistrate Judge Tonianne J. Bongiovanni: Telephone Conference held on 12/10/2008. (mm)
65	Dec. 11, 2008	LETTER SCHEDULING ORDER: Telephone Conference set for 4/7/2009 10:00 AM in Trenton - Courtroom 6E before Magistrate Judge Tonianne J. Bongiovanni. Final Pretrial Conference set for 11/30/2009 11:00 AM in Trenton - Courtroom 6E before Magistrate Judge Tonianne J. Bongiovanni. Discovery due by 4/15/2009. Dispositive Motions due by 9/25/2009; returnable 10/19/2009. Signed by Magistrate Judge Tonianne J. Bongiovanni on 12/10/2008. (mmh) (Entered: 12/11/2008)	RECAP
	Feb. 11, 2009	Set/Reset Hearings: Please be advised Judge Wolfson has set a Status/Settlement Conference for 2/23/2009 at 10:00 AM in Trenton - Courtroom 5E before Judge Freda L. Wolfson. Please have representatives with full authority to discuss settlement present. (jg, )
	Feb. 25, 2009	Minute Entry for proceedings held before Judge Freda L. Wolfson: Settlement Conference held on 2/25/2009, ( Settlement Conference continued to 3/23/2009 11:00 AM in Trenton - Courtroom 5E before Judge Freda L. Wolfson.). (jg, )
	March 23, 2009	Text Minute Entry for proceedings held before Judge Freda L. Wolfson: Settlement Conference held on 3/23/2009. (jg, )

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Case Details

State / Territory:

New Jersey

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Multi-LexSum (in sample)

Olmstead Cases

Key Dates

Filing Date: April 5, 2005

Closing Date: Oct. 3, 2017

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A non-profit corporation that serves as New Jersey’s protection and advocacy system for people with disabilities.

Plaintiff Type(s):

State Plaintiff

Attorney Organizations:

Bazelon Center

NDRN/Protection & Advocacy Organizations

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State

New Jersey Department of Human Services

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

Constitutional Clause(s):

Due Process

Other Dockets:

District of New Jersey 3:05-cv-01784

Available Documents:

Any published opinion

Complaint (any)

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: 2009 - 2016

Recommended Citation

Case Summary of Disability Rights New Jersey v. Velez, Civil Rights Litig. Clearinghouse, http://www.dev.clearinghouse.net/case/11654/ (last updated 3/1/2011).