Case: Lane v. Kitzhaber (later, Brown)

3:12-cv-00138 | U.S. District Court for the District of Oregon

Filed Date: Jan. 25, 2012

Closed Date: Aug. 12, 2022

Clearinghouse coding complete

Case Summary

On January 25, 2012, this class action was brought by individuals with intellectual and developmental disabilities (I/DD) and the United Cerebral Palsy Association of Oregon and Southwest Washington, Inc. in the U.S. District Court for the District of Oregon. The plaintiffs claimed that the State of Oregon and its Offices of Developmental Disability Services and Vocational Rehabilitation Services, along with other state agencies, violated the Americans With Disabilities Act ("ADA") and the Rehabilitation Act by operating an employment services program that unnecessarily separated disabled participants from nondisabled participants. The plaintiffs claimed these segregated settings deprived members of the plaintiff class (more than 2,300 people in the state) of supported employment services, the opportunity to work alongside nondisabled persons, and the ability to compete for higher-paying jobs. They claimed the state's policy discriminated against them based on disability. The plaintiffs sought certification of their proposed class, declaratory relief, and a permanent injunction to limit unnecessary segregation in the defendants' employment services program and to provide an adequate array of integrated employment and supported employment services.

On April 3, 2012, the defendants moved to dismiss the complaint, arguing that the plaintiffs were attempting to create "a new cause of action" by extending the ADA's integration mandate beyond the requirement to provide community and home-based services (which were designed to prevent unnecessary institutionalization) to also include employment services. The defendants argued that (1) employment claims were not covered by Title II of the ADA; (2) the integration mandate did not apply because a denial of employment services did not place any plaintiff at risk of institutionalization; (3) the plaintiffs' claims sought to require the defendants to provide a service that the state did not and could not provide; and (4) the plaintiffs' claims improperly imposed a certain standard of care on the state's provision of employment services. At the core of the defendants' argument was the notion that the integration mandate of the ADA applied only to a person's place of residency and not place of employment.

The United States submitted a statement of interest regarding the motion to dismiss on April 20, 2012. The U.S. argued that, contrary to defendants' motion to dismiss, Title II of the ADA forms a clear and comprehensive mandate to end the segregation of persons with disabilities in virtually all aspects of American life.

On May 17, 2012, Magistrate Judge Janice M. Stewart held that the integration mandate applies equally to employment-related services and to services allowing persons to live outside institutions. 841 F.Supp.2d 1199. The court did, however, find that the plaintiffs sought "the forbidden remedy" of requiring defendants to provide an adequate level of employment services to enable plaintiffs to obtain a competitive job in their initial complaint. The court dismissed the complaint without prejudice and with leave to amend. On May 29, 2012, the plaintiffs filed an amended complaint with changes made to correct errors identified by the court.

The court then addressed the question of class certification. The plaintiffs sought to certify a class consisting of "all individuals in Oregon with intellectual or developmental disabilities who are in, or who have been referred to, sheltered workshops" and "who are qualified for supported employment services." The plaintiffs argued that the evidence needed to resolve the common questions of law and fact was the same for all class members. On August 6, 2012, the court granted class certification. 283 F.R.D. 587.

On May 24, 2014, the Department of Justice Civil Rights Division filed an intervenor complaint on behalf of the United States, which included evidence of a nine-month investigation into Oregon’s failure to comply with the ADA and Rehabilitation Act.

Some individual members of the class viewed sheltered work as equally valuable as integrated work and moved to intervene on the concern that their ability to choose sheltered work would be curtailed. But on June 20, 2014, Magistrate Judge Stewart denied the motion. 2014 WL 2807701.

On September 8, 2015, the parties submitted a proposed settlement agreement and on January 17, 2016, the court approved it. 166 F.Supp.3d 1180. In the settlement, the defendants committed to assisting 1,115 working-age individuals who receive or have received sheltered workshop services to obtain integrated employment in competitive-wage jobs and to reducing the number of adults with I/DD in sheltered workshops from 1,926 to no more than 1,530. The state also committed to end funding for sheltered workshop placements for youth newly eligible for state-funded employment, to provide at least 4,900 youth with employment services to help them access integrated employment, and to work with the state Department of Human Services in seeking financial incentives for providers to hire individuals with I/DD and in obtaining integrated employment. The parties agreed the settlement would terminate no later than July 1, 2022.

On February 11, 2016, the court granted an award of $5,250,000.00 in attorney's fees to the plaintiffs. 2016 WL 589684. As part of the settlement, the state's efforts are being monitored by an independent reviewer who will issue annual reports until the settlement's termination date. Since the case settled, two annual reports were filed, one on March 2, 2017 and one on March 23, 2018.

On July 6, 2022, the independent reviewer submitted a comprehensive "Final Report to the Court" assessing compliance with the settlement agreement, concluding that significant progress had been made in providing access to competitive integrated employment for Oregonians with I/DD. The report, which was filed under seal, determined that the state had substantially complied with the settlement terms and recommended actions to sustain this progress.

Following this report, a court hearing on July 21, 2022, included remarks from both plaintiffs' and defendants' attorneys, commending the significant, lasting improvements achieved, as well as testimonies from witnesses at the hearing, which echoed this positive impact.

Consequently, on August 12, 2022, the court concluded, based on the independent reviewer’s findings and attorney testimonies, that the defendants were in substantial compliance with the settlement agreement, establishing a durable remedy and officially ending the parties' obligations under the agreement. The case was dismissed with prejudice and closed, since, on August 9, 2022, the parties informed the court that they had resolved all outstanding issues regarding attorney fees and costs.

Summary Authors

Denise Heberle (8/8/2012)

Andrew Junker (11/6/2014)

Kate Craddock (2/16/2016)

Mary Book (2/11/2019)

Carol Chen (7/4/2020)

Carlos Larrauri (2/3/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4365719/parties/lane-v-brown/

Judge(s)

Acosta, John V. (Oregon)

Attorney for Plaintiff

Brown, Adrian L. (Oregon)

Costanzo, Cathy E. (Oregon)

Attorney for Defendant

Beatty-Walters, Christina L. (Oregon)

Blaesing, Lauren F. (Oregon)

Judge(s)

Acosta, John V. (Oregon)

Attorney for Plaintiff

Brown, Adrian L. (Oregon)

Costanzo, Cathy E. (Oregon)

Elliott, Cody J. (Oregon)

English, Stephen F. (Oregon)

Greenfield, Julia Terese (Oregon)

Kline, Regina (Oregon)

Knight, David W. (Oregon)

Krieger, Anna M. (Oregon)

Lapertosa, Max P. (Oregon)

Lee, Nicholas C. (Oregon)

Liday, Steven G. (Oregon)

Park, H. Justin (Oregon)

Perini-Abbott, Joanna T. (Oregon)

Reichman, Lawrence H. (Oregon)

Roof, Jennifer J. (Oregon)

Rost, Cheryl (Oregon)

Rubin, Bruce A. (Oregon)

Sawyer, Justin C. (Oregon)

Schwartz, Steven J. (Oregon)

Stenson, Thomas (Oregon)

Toner, Bettina (Oregon)

Wenk, Theodore E (Oregon)

Westfall, Elizabeth S. (Oregon)

Wilde, Kathleen L. (Oregon)

Wrigley, James A. (Oregon)

Attorney for Defendant

Beatty-Walters, Christina L. (Oregon)

Blaesing, Lauren F. (Oregon)

Danielson, Kevin C. (Oregon)

Dunbar, John J. (Oregon)

Englander, Nina R. (Oregon)

Harnden, Edwin A. (Oregon)

McIntire, Keith E. (Oregon)

Owens, Laura R. (Oregon)

Ray, Sean P. (Oregon)

Scott, Carla (Oregon)

Whitehead, Carson L. (Oregon)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

3:12-cv-00138	Docket [PACER] Lane v. Brown	March 23, 2018	March 23, 2018 Docket
1 3:12-cv-00138	Class Action Complaint Lane v. Kitzhaber	Jan. 25, 2012	Jan. 25, 2012 Complaint
3:12-cv-00138	Press Release Lane v. Kitzhaber No Court	Jan. 25, 2012	Jan. 25, 2012 Press Release
30 3:12-cv-00138	Memorandum of Law in Support of Defendants' Motion to Dismiss Lane v. Kitzhaber	April 3, 2012	April 3, 2012 Pleading / Motion / Brief
34 3:12-cv-00138	Statement of the Interest of the United States of America in Support of Plaintiffs Regarding Motion to Dismiss Lane v. Kitzhaber	April 20, 2012	April 20, 2012 Statement of Interest (DOJ)
35 3:12-cv-00138	Plaintiffs' Opposition to Defendants' Motion to Dismiss Lane v. Kitzhaber	April 20, 2012	April 20, 2012 Pleading / Motion / Brief
40 3:12-cv-00138	Opinion and Order Lane v. Kitzhaber	May 17, 2012	May 17, 2012 Order/Opinion 841 F.Supp.2d 1199
42 3:12-cv-00138	Protective Order Lane v. Kitzhaber	May 24, 2012	May 24, 2012 Order/Opinion
43 3:12-cv-00138	Class Action First Amended Complaint Lane v. Kitzhaber	May 29, 2012	May 29, 2012 Complaint
76 3:12-cv-00138	Order Lane v. Kitzhaber	June 26, 2012	June 26, 2012 Order/Opinion 2012 WL 13055513

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Resources

Resources related to this case
Title	Description		External URL Date / External URL
Lane v. Brown landmark Settlement Agreement announced	Overview of the case and settlement details from one of the public interest organizations representing the clients of this case. Hyperlinks are included to other helpful documents pertaining to the c…	Dec. 30, 2015	Dec. 30, 2015 https://www.droregon.org/...
Justice Department Reaches Proposed ADA Settlement Agreement On Oregon's Developmental Disabilities System	Press release from the Department of Justice outlining the settlement agreement and details of the case. Helpful hyperlinks are provided to other DOJ materials pertaining to this case.	Sept. 8, 2015	Sept. 8, 2015 https://www.justice.gov/...

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/4365719/lane-v-brown/

Last updated March 28, 2026, 5:27 a.m.

ECF Number	Date	Description	Link
1	Jan. 25, 2012	Complaint. Filing Fee in amount of $350 collected. Receipt No. 45100. Jury Trial Requested: No.Filed by Angela Kehler, Zavier Kinville, Paula Lane, Lori Robertson, United Cerebral Palsy Association of Oregon and Southwest Washington, Inc., Gretchen Cason, Elizabeth Harrah, Andres Paniagua, Sparkle Green against All Defendants. (Attachments: # 1 Civil Cover Sheet) (sss) (Entered: 01/25/2012) 1 Civil Cover Sheet View on PACER	Clearinghouse
2	Jan. 25, 2012	Corporate Disclosure Statement. Filed by United Cerebral Palsy Association of Oregon and Southwest Washington, Inc. (sss) (Entered: 01/25/2012)	RECAP
3	Jan. 25, 2012	Discovery and Pretrial Scheduling Order and Notice of Case Assignment to Magistrate Judge Janice M. Stewart. Discovery is to be completed by 5/24/2012. Joint Alternate Dispute Resolution Report is due by 6/25/2012. Pretrial Order is due by 6/25/2012. Ordered by Magistrate Judge Janice M. Stewart. (sss) (Entered: 01/25/2012)	RECAP
4	Feb. 1, 2012	Summons Issued as to Oregon Department of Human Services, Oregon Office of Developmental Disability Services, Oregon Office of Vocational Rehabilitation Services, State of Oregon (sss) (Entered: 02/02/2012)	RECAP
5	Feb. 8, 2012	Order Granting Application for Special Admission Pro Hac Vice of Bettina Toner for Gretchen Cason, Sparkle Green, Elizabeth Harrah,Bettina Toner for Angela Kehler, Zavier Kinville, Paula Lane, Andres Paniagua, Lori Robertson and United Cerebral Palsy Association of Oregon and Southwest Washington, Inc.. Application Fee in amount of $100 collected. Receipt No. 45350 issued. Signed on 2/8/2012 by Magistrate Judge Janice M. Stewart. (ecp) (Entered: 02/09/2012)	RECAP
6	Feb. 8, 2012	Order Granting Application for Special Admission Pro Hac Vice of Steven J. Schwartz for Gretchen Cason, Sparkle Green, Elizabeth Harrah,Angela Kehler, Zavier Kinville, Paula Lane,Andres Paniagua, Lori Robertson and United Cerebral Palsy Association of Oregon and Southwest Washington, Inc.. Application Fee in amount of $100 collected. Receipt No. 45350 issued. Signed on 2/8/2012 by Magistrate Judge Janice M. Stewart. (ecp) (Entered: 02/09/2012)	RECAP
7	Feb. 8, 2012	Order Granting Application for Special Admission Pro Hac Vice of Cathy E. Costanzo for Gretchen Sparkle Green, Elizabeth Harrah,Angela Kehler,Zavier Kinville, Paula Lane, Andres Paniagua, Lori Robertson and United Cerebral Palsy Association of Oregon and Southwest Washington, Inc.. Application Fee in amount of $100 collected. Receipt No. 45350 issued. Signed on 2/8/2012 by Magistrate Judge Janice M. Stewart. (ecp) (Entered: 02/09/2012)	RECAP
8	Feb. 16, 2012	Notice of Appearance of John J. Dunbar appearing on behalf of All Defendants (Titled Acceptance and Acknowledgment of Service of Process) Filed by on behalf of All Defendants (Dunbar, John) (Entered: 02/16/2012)	RECAP
9	Feb. 16, 2012	Notice of Appearance of Christina L. Beatty-Walters appearing on behalf of All Defendants Filed by on behalf of All Defendants (Beatty-Walters, Christina) (Entered: 02/16/2012)	RECAP
10	Feb. 27, 2012	Fed. R. Civ. P. 26(a)(1) Agreement . Filed by Gretchen Cason, Sparkle Green, Elizabeth Harrah, Angela Kehler, Zavier Kinville, Paula Lane, Andres Paniagua, Lori Robertson, United Cerebral Palsy Association of Oregon and Southwest Washington, Inc.. (Rubin, Bruce) (Entered: 02/27/2012)	RECAP
11	March 6, 2012	Motion to Certify the Class . ORAL ARGUMENT requested. Filed by All Plaintiffs. (Rubin, Bruce) (Entered: 03/06/2012)	RECAP
12	March 6, 2012	Memorandum in Support of Plaintiffs' Motion for Class Certification. Filed by All Plaintiffs. (Related document(s): Motion to certify class 11 .) (Attachments: # 1 Exhibit 1 (Declaration of Ann Coffey), # 2 Appendix (ADA Class Certification Cases)) (Rubin, Bruce) (Entered: 03/06/2012) 1 Exhibit 1 (Declaration of Ann Coffey) View on PACER 2 Appendix (ADA Class Certification Cases) View on PACER	RECAP
13	March 6, 2012	Declaration of Theodore Wenk Regarding Exhibits in Support of Plaintiffs' Motion for Class Certification. Filed by All Plaintiffs. (Related document(s): Motion to certify class 11 .) (Attachments: # 1 Exhibit 2, # 2 Exhibit 3, # 3 Exhibit 5, # 4 Exhibit 6) (Rubin, Bruce) (Entered: 03/06/2012) 1 Exhibit 2 View on PACER 2 Exhibit 3 View on PACER 3 Exhibit 5 View on PACER 4 Exhibit 6 View on PACER	RECAP
14	March 7, 2012	Notice of Change of Address for Kathleen L. Wilde, James A. Wrigley and Theodore E. Wenk Filed by All Plaintiffs (Wilde, Kathleen) (Entered: 03/07/2012)	RECAP
15	March 9, 2012	Motion for Extension of Time to File a Response/Reply to Motion to Certify the Class 11 . Filed by All Defendants. (Beatty-Walters, Christina) (Entered: 03/09/2012)	RECAP
16	March 9, 2012	Memorandum in Support of Motion for Extension of Time to Respond to the Motion for Class Certification. Filed by All Defendants. (Related document(s): Motion for Extension of Time to File Response/Reply to a Motion 15 .) (Beatty-Walters, Christina) (Entered: 03/09/2012)	RECAP
17	March 9, 2012	Declaration of Christina L. Beatty-Walters in Support of Motion for Extension of Time to Respond to the Motion for Class Certification. Filed by All Defendants. (Related document(s): Motion for Extension of Time to File Response/Reply to a Motion 15 .) (Beatty-Walters, Christina) (Entered: 03/09/2012)	RECAP
18	March 9, 2012	Response in Opposition to Motion for Extension of Time to File a Response/Reply to Motion to Certify the Class 11 15 Expedited Decision Requested requested. Filed by All Plaintiffs. (Attachments: # 1 Exhibit 1) (Rubin, Bruce) (Entered: 03/09/2012) 1 Exhibit 1 View on PACER	RECAP
19	March 9, 2012	Report to Court of Initial Conference of Counsel for Discovery Planning (Fed. R. Civ. P. 26(f)). Filed by All Plaintiffs. (Attachments: # 1 Exhibit 1) (Rubin, Bruce) (Entered: 03/09/2012) 1 Exhibit 1 View on PACER	RECAP
20	March 12, 2012	ORDER by Magistrate Judge Janice M. Stewart: Granting in Part Defendants' Motion for Extension of Time to File Response to Motion to Certify the Class 11 . Response is due by 4/13/2012. Reply is due by 5/4/2012. Oral Argument is set for Thursday, 5/10/2012 at 1:30PM in Courtroom 11A before Magistrate Judge Janice M. Stewart on Plaintiffs' Motion For Class Certification 11 . (jlr) (Entered: 03/12/2012)	RECAP
21	March 12, 2012	SCHEDULING ORDER: Written consent forms to allow a Magistrate Judge to enter final orders and judgment in this case in accordance with FRCP 73 and 28 USC ยง 636(c) are due on or before 5/4/2012. Please see the Discovery and Pretrial Scheduling Order (docket # 3, p. 6) for consent form. Please see the attached Notice for additional procedures applicable in cases assigned to Judge Stewart. Ordered by Magistrate Judge Janice M. Stewart. (stewart1, ) (Entered: 03/12/2012)	RECAP
22	March 12, 2012	Amended Notice of Change of Address Filed by All Plaintiffs (Wilde, Kathleen) (Entered: 03/12/2012)	RECAP
23	March 13, 2012	Scheduling Order by Magistrate Judge Janice M. Stewart: SETTING a TELPEHONE Rule 16 Conference for Tuesday, 4/3/2012 at 09:30AM before Magistrate Judge Janice M. Stewart. The Court will initiate the call. Local Rules 16-2(b) and 26-1 require that counsel confer prior to the conference. At the conference, counsel should be prepared to discuss the status of the case, relevant dates and deadlines, and any other significant issues. Plaintiff shall advise the court at the conference whether or not there will be full consent from all parties to proceed before the magistrate judge in the case. Until full consents are filed, no trial date will be set. (jlr) (Entered: 03/13/2012)	RECAP
24	March 19, 2012	Summons Returned Executed. as to State of Oregon served on 2/6/2012, answer due on 2/27/2012 Filed by All Plaintiffs. (Rubin, Bruce) (Entered: 03/19/2012)	RECAP
25	March 19, 2012	Summons Returned Executed. as to Oregon Department of Human Services served on 2/6/2012, answer due on 2/27/2012 Filed by All Plaintiffs. (Rubin, Bruce) (Entered: 03/19/2012)	RECAP
26	March 19, 2012	Summons Returned Executed. as to Oregon Office of Developmental Disability Services served on 2/6/2012, answer due on 2/27/2012 Filed by All Plaintiffs. (Rubin, Bruce) (Entered: 03/19/2012)	RECAP
27	March 19, 2012	Summons Returned Executed. as to Oregon Office of Vocational Rehabilitation Services served on 2/6/2012, answer due on 2/27/2012 Filed by All Plaintiffs. (Rubin, Bruce) (Entered: 03/19/2012)	RECAP
28	April 3, 2012	Record of telephone Rule 16 Conference and Notice Regarding Civil Case Procedures. ORDER: STAYING discovery through 5/10/2012; STRIKING the case schedule and deadlines, including the current date for argument on the Motion to Certify a Class; and SETTING the following new case schedule and deadlines: Defendants' Motion to Dismiss is due by 4/3/2012; Response to the Motion to Dismiss is due 4/20/2012; Motion for Protective Order is due 4/6/2012; Response to the Motion for a Protective Order is due 4/23/2012; Replis to the Motion to Dismiss and the Motion for a Protective Order is due 5/8/2012. A hearing on the Motion to Dismiss and the Motion for a Protective Order is set for Thursday, 5/10/2012 at 01:30PM in Judge Stewart's Courtroom before Magistrate Judge Janice M. Stewart. ORDER: Defendants' Response to the Motion to Certify a Class (docket # 11 ) is due 5/24/2012; Plaintiffs' Reply is due 6/11/2012. A hearing on the Motion to Certify a Class (docket # 11 ) is set for Wednesday, 6/13/2012 at 09:30AM in Judge Stewart's Courtroom before Magistrate Judge Janice M. Stewart. ORDER: Adopting portions of the parties' Proposed Schedule (attached to docket # 19 ) as follows: Motions to Join Parties or Amend Complaint are due and Fact discovery is to be completed by 4/1/2013; Designations of Experts due 4/30/2013; Exchange of Initial Expert Witness Statements must be completed by 6/28/2013; Exchange of Rebuttal Expert Witness Statements must be completed by 7/26/2013; Expert Discovery is to be completed by 9/30/2013; Summary Judgment motions due 11/1/2013; Responses to Motions for Summary Judgment due 11/29/2013; Replies to Motions for Summary Judgment due 1/3/2014. ORDER: The Joint ADR Report is WAIVED. The parties should refer to the Court's Notice Regarding Civil Case Procedures (attached to Scheduling Order, docket # 21 ) for motions practice procedures in cases assigned to Judge Stewart. The parties indicate that they consent to proceed before a Magistrate Judge (see docket # 19, p. 2), and are advised that they must file written consent forms and should see the court's prior Scheduling Order (docket # 21 ) concerning the deadline and consent form. Bruce Rubin, Kathy Wilde, Steven Schwartz, and Bettina Toner present as counsel for plaintiff(s). John Dunbar and Christine Beatty-Walters present as counsel for defendant(s). Court Reporter: none. Tape No: none.Magistrate Judge Janice M. Stewart presiding. (stewart1, ) (Entered: 04/03/2012)	RECAP
29	April 3, 2012	Motion to Dismiss . Oral Argument requested. Filed by All Defendants. (Beatty-Walters, Christina) (Entered: 04/03/2012)	RECAP
30	April 3, 2012	Memorandum in Support of Motion to Dismiss. Filed by All Defendants. (Related document(s): Motion to Dismiss 29 .) (Beatty-Walters, Christina) (Entered: 04/03/2012)	Clearinghouse
31	April 6, 2012	Motion for Protective Order . ORAL ARGUMENT requested. Filed by All Plaintiffs. (Attachments: # 1 Exhibit Proposed Protective Order) (Wilde, Kathleen) (Entered: 04/06/2012) 1 Exhibit Proposed Protective Order View on PACER	RECAP
32	April 6, 2012	Memorandum in Support of Plaintiffs' Motion for a Protective Order. Filed by All Plaintiffs. (Related document(s): Motion for Protective Order 31 .) (Wilde, Kathleen) (Entered: 04/06/2012)	RECAP
33	April 19, 2012	Response to Motion for Protective Order 31 . Filed by All Defendants. (Beatty-Walters, Christina) (Entered: 04/19/2012)	RECAP
34	April 20, 2012	Notice re Motion to Dismiss 29 Statement of Interest of the United States of America in Support of Plaintiff's Regarding Defendants' Motion to Dismiss Filed by United States of America (Related document(s): Motion to Dismiss 29 .) (Brown, Adrian) (Entered: 04/20/2012)	Clearinghouse
35	April 20, 2012	Response in Opposition to Motion to Dismiss 29 . Filed by All Plaintiffs. (Attachments: # 1 Exhibit 1) (Reichman, Lawrence) (Entered: 04/20/2012) 1 Exhibit 1 View on PACER	Clearinghouse
36	May 7, 2012	Reply to Motion to Dismiss 29 . Filed by All Defendants. (Beatty-Walters, Christina) (Entered: 05/07/2012)	RECAP
38	May 7, 2012	Full Consent by all Parties to Jurisdiction by US Magistrate Judge. (sss) (Entered: 05/10/2012)	RECAP
37	May 8, 2012	Reply to Motion for Protective Order 31 ORAL ARGUMENT requested. Filed by All Plaintiffs. (Wilde, Kathleen) (Entered: 05/08/2012)	RECAP
39	May 10, 2012	Record of Motion Hearing. ORDER: Defendants' Motion to Dismiss 29 is taken under advisement. ORDER: Plaitniffs' Motion for a Protective Order 31 is GRANTED IN PART AND DENIED IN PART, as stated on the record. Plaintiffs shall prepare a redrafted Protective Order in accordance with the court's rulings, present it to defendants for approval, and then submit it to the court for signature. ORDER: RESETTING oral argument on Plaintiffs' Motion to Certify a Class 11 from June 13, 2012, to Judge Stewart's oral argument calendar of Thursday, June 21, 2012 at 9:30 a.m. ORDER: Defendants' response to the Motion to Certify a Class is due by 6/7/2012. Plaintiffs' reply is due by 6/18/2012. Steven Schwartz, Bruce Rubin, and Kathy Wilde (for plaintiffs) and Max Lapertosa (for US Department of Justice) present as counsel for plaintiff(s). Christina Beatty-Walters and John Dunbar present as counsel for defendant(s). Court Reporter: Bonita Shumway. Tape No: none.Magistrate Judge Janice M. Stewart presiding. (Related document(s): Motion to certify class 11, Motion to Dismiss 29, Motion for Protective Order 31 .) (stewart1, ) (Entered: 05/10/2012)	RECAP
40	May 17, 2012	OPINION AND ORDER: Granting Defendants Motion to Dismiss 29 with leave to amend. First Amended Complaint is due by 5/29/2012. Signed on 5/17/2012 by Magistrate Judge Janice M. Stewart. (ST) (Entered: 05/17/2012)	Clearinghouse
41	May 23, 2012	Stipulated Proposed Form of Order Submitted Protective Order. Filed by All Parties. (Wilde, Kathleen) Modified to remove Goodwill Industries and United States of America as filers on 5/25/2012 (sss). (Entered: 05/23/2012)	RECAP
42	May 24, 2012	Protective Order. Signed on 5/24/12 by Magistrate Judge Janice M. Stewart. (jlr) (Entered: 05/24/2012)	Clearinghouse
43	May 29, 2012	Amended Complaint . Filed by Angela Kehler, Zavier Kinville, Paula Lane, Lori Robertson, United Cerebral Palsy Association of Oregon and Southwest Washington, Inc., Gretchen Cason, Elizabeth Harrah, Andres Paniagua, Sparkle Green against Lori Robertson, Oregon Department of Human Services, Oregon Office of Developmental Disability Services, Oregon Office of Vocational Rehabilitation Services, State of Oregon. (Schwartz, Steven) (Entered: 05/29/2012)	Clearinghouse
44	June 7, 2012	Motion to Strike Declaration of Ann Coffey. Oral Argument requested. Filed by All Defendants. (Beatty-Walters, Christina) (Entered: 06/07/2012)	RECAP
45	June 7, 2012	Response to Motion to Certify the Class 11, Motion to Strike Declaration of Ann Coffey 44 . Filed by All Defendants. (Beatty-Walters, Christina) (Entered: 06/07/2012)	RECAP
46	June 7, 2012	Declaration of Christina L. Beatty-Walters . Filed by All Defendants. (Related document(s): Motion to certify class 11 .) (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8) (Beatty-Walters, Christina) (Entered: 06/07/2012) 1 Exhibit 1 View on PACER 2 Exhibit 2 View on PACER 3 Exhibit 3 View on PACER 4 Exhibit 4 View on PACER 5 Exhibit 5 View on PACER 6 Exhibit 6 View on PACER 7 Exhibit 7 View on PACER 8 Exhibit 8 View on PACER	RECAP
47	June 7, 2012	Declaration of Mary Lee Fay . Filed by All Defendants. (Related document(s): Motion to certify class 11 .) (Beatty-Walters, Christina) (Entered: 06/07/2012)	RECAP
48	June 7, 2012	Declaration of Nina R. Englander . Filed by All Defendants. (Related document(s): Motion to certify class 11 .) (Beatty-Walters, Christina) (Entered: 06/07/2012)	RECAP
49	June 7, 2012	Declaration of Joshua Leslie . Filed by All Defendants. (Related document(s): Motion to certify class 11 .) (Beatty-Walters, Christina) (Entered: 06/07/2012)	RECAP
50	June 8, 2012	Scheduling Order by Magistrate Judge Janice M. Stewart: Setting Defendants' Motion to Strike Declaration of Ann Coffey 44 for Oral Argument on Thursday, 6/21/2012 at 9:30AM (along with Motion to Certify Class) in Judge Stewart's Courtroom before Magistrate Judge Janice M. Stewart. (jlr) (Entered: 06/08/2012)	RECAP
51	June 15, 2012	Motion to Strike Declaration, 46, Declaration 48 . Oral Argument requested. Filed by All Plaintiffs. (Reichman, Lawrence) (Entered: 06/15/2012)	RECAP
52	June 15, 2012	Memorandum in Support of Plaintiffs' Motion to Strike Declarations. Filed by All Plaintiffs. (Related document(s): Motion to Strike 51 .) (Reichman, Lawrence) (Entered: 06/15/2012)	RECAP
53	June 15, 2012	Answer to 43 Amended Complaint, . Filed by Oregon Department of Human Services, Oregon Office of Developmental Disability Services, Oregon Office of Vocational Rehabilitation Services. (Beatty-Walters, Christina) (Entered: 06/15/2012)	RECAP
54	June 18, 2012	Reply to Motion to Certify the Class 11 . Filed by All Plaintiffs. (Schwartz, Steven) (Entered: 06/18/2012)	RECAP
55	June 18, 2012	Declaration of Paul Kinville . Filed by All Plaintiffs. (Related document(s): Reply to Motion 54 .) (Schwartz, Steven) (Entered: 06/18/2012)	RECAP
56	June 18, 2012	Declaration of Kathleen Cason . Filed by All Plaintiffs. (Related document(s): Reply to Motion 54 .) (Schwartz, Steven) (Entered: 06/18/2012)	RECAP
57	June 18, 2012	Declaration of Bettina Toner . Filed by All Plaintiffs. (Related document(s): Reply to Motion 54 .) (Schwartz, Steven) (Entered: 06/18/2012)	RECAP
58	June 18, 2012	Exhibits re Declaration 57 . Filed by All Plaintiffs. (Related document(s): Declaration 57 .) (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20) (Schwartz, Steven) (Entered: 06/18/2012) 1 Exhibit 1 View on PACER 2 Exhibit 2 View on PACER 3 Exhibit 3 View on PACER 4 Exhibit 4 View on PACER 5 Exhibit 5 View on PACER 6 Exhibit 6 View on PACER 7 Exhibit 7 View on PACER 8 Exhibit 8 View on PACER 9 Exhibit 9 View on PACER 10 Exhibit 10 View on PACER 11 Exhibit 11 View on PACER 12 Exhibit 12 View on PACER 13 Exhibit 13 View on PACER 14 Exhibit 14 View on PACER 15 Exhibit 15 View on PACER 16 Exhibit 16 View on PACER 17 Exhibit 17 View on PACER 18 Exhibit 18 View on PACER 19 Exhibit 19 View on PACER 20 Exhibit 20 View on PACER	RECAP
59	June 18, 2012	Response to Motion to Strike Declaration of Ann Coffey 44 . Filed by All Plaintiffs. (Rubin, Bruce) (Entered: 06/18/2012)	RECAP
60	June 18, 2012	Statement of Interest of the United States of America in Support of Plaintiffs' Motion for Class Certification Filed by United States of America (Related document(s): Motion to certify class 11 .) (Brown, Adrian) Modified text on 6/19/2012 (sss). (Entered: 06/18/2012)	RECAP
61	June 18, 2012	Scheduling Order by Magistrate Judge Janice M. Stewart: SETTING Motion to Strike 51 for Oral Argument on Thursday, 6/21/2012 at 9:30AM in Judge Stewart's Courtroom before Magistrate Judge Janice M. Stewart. (jlr) (Entered: 06/18/2012)	RECAP
62	June 18, 2012	OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Motion Hearing held on 5/10/2012 before Judge Janice M. Stewart, Court Reporter Bonita J. Shumway, telephone number (503)326-8188. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through the court reporter or PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 6/28/2012. Redaction Request due 7/12/2012. Redacted Transcript Deadline set for 7/23/2012. Release of Transcript Restriction set for 9/20/2012. (Shumway, Bonita) (Entered: 06/18/2012)	RECAP
63	June 18, 2012	Motion for Protective Order or in the Alternative for an Extension of Time to Respond to Plaintiffs' Requests for Production. Oral Argument requested. Filed by Oregon Department of Human Services, Oregon Office of Developmental Disability Services, Oregon Office of Vocational Rehabilitation Services. (Beatty-Walters, Christina) (Entered: 06/18/2012)	RECAP
64	June 18, 2012	Memorandum in Support . Filed by Oregon Department of Human Services, Oregon Office of Developmental Disability Services, Oregon Office of Vocational Rehabilitation Services. (Related document(s): Motion for Protective Order, 63 .) (Beatty-Walters, Christina) (Entered: 06/18/2012)	RECAP
65	June 19, 2012	Declaration of Christina L. Beatty-Walters . Filed by Oregon Department of Human Services, Oregon Office of Developmental Disability Services, Oregon Office of Vocational Rehabilitation Services. (Related document(s): Motion for Protective Order, 63 .) (Attachments: # 1 Exhibit 1, # 2 Exhibit 2) (Beatty-Walters, Christina) (Entered: 06/19/2012) 1 Exhibit 1 View on PACER 2 Exhibit 2 View on PACER	RECAP
66	June 19, 2012	Notice of Association of Attorney Nina R. Englander for Oregon Office of Developmental Disability Services, Oregon Office of Vocational Rehabilitation Services, Oregon Department of Human Services. Filed by Oregon Office of Developmental Disability Services, Oregon Office of Vocational Rehabilitation Services, Oregon Department of Human Services (Englander, Nina) Modified on 6/20/2012 to remove duplicate text (tll). (Entered: 06/19/2012)	RECAP
67	June 20, 2012	Memorandum in Opposition to Motion for Protective Order or in the Alternative for an Extension of Time to Respond to Plaintiffs' Requests for Production 63 ORAL ARGUMENT requested. Filed by All Plaintiffs. (Attachments: # 1 Exhibit Declaration of counsel) (Wilde, Kathleen) (Entered: 06/20/2012) 1 Exhibit Declaration of counsel View on PACER	RECAP
68	June 20, 2012	Motion to Strike New Evidence Submitted With Plaintiffs' Reply in Support of Their Motion for Class Certification Declaration 55, Declaration 56, Declaration 57 . Oral Argument requested. Filed by Oregon Department of Human Services, Oregon Office of Developmental Disability Services, Oregon Office of Vocational Rehabilitation Services. (Englander, Nina) (Entered: 06/20/2012)	RECAP
69	June 20, 2012	Memorandum in Support . Filed by Oregon Department of Human Services, Oregon Office of Developmental Disability Services, Oregon Office of Vocational Rehabilitation Services. (Related document(s): Motion to Strike, 68 .) (Englander, Nina) (Entered: 06/20/2012)	RECAP
70	June 20, 2012	Response to Motion to Certify the Class 11 . Filed by Oregon Department of Human Services, Oregon Office of Developmental Disability Services, Oregon Office of Vocational Rehabilitation Services. (Beatty-Walters, Christina) (Entered: 06/20/2012)	RECAP
71	June 20, 2012	Declaration of Christina L. Beatty-Walters . Filed by Oregon Department of Human Services, Oregon Office of Developmental Disability Services, Oregon Office of Vocational Rehabilitation Services. (Related document(s): Response to Motion 70 .) (Attachments: # 1 Exhibit 1) (Beatty-Walters, Christina) (Entered: 06/20/2012) 1 Exhibit 1 View on PACER	RECAP
72	June 20, 2012	Memorandum in Opposition to Motion to Strike New Evidence Submitted With Plaintiffs' Reply in Support of Their Motion for Class Certification Declaration 55, Declaration 56, Declaration 57 68 . Filed by All Plaintiffs. (Roof, Jennifer) (Entered: 06/20/2012)	RECAP
73	June 21, 2012	MINUTES of Proceedings: Motion Hearing Held on pending motions. ORDER: Plaintiffs' Motion to Certify the Class (docket # 11 ) and Defendants' Motion to Strike New Evidence Submitted With Plaintiffs' Reply in Support of Their Motion for Class Certification (docket # 68 ) are taken under advisement. Defendants' Motion to Strike the Declaration of Ann Coffey (docket # 44 ) is DENIED; Plaintiffs' Motion to Strike Declaration (docket # 51 ) is GRANTED; and Defendants' Motion for Protective Order or Alternative Motion for an Extension of Time to Respond to Plaintiffs' Requests for Production (docket # 63 ) is GRANTED to the extent that the due date for defendants' objections to the Request for Production is extended through August 2, 2012, and otherwise denied with leave to renew, if necessary, after the parties have conferred. Steven Schwartz, Bruce Rubin, Lawrence Reichman, and Kathleen Wilde (for plaintiffs) and Max Lapertosa (for US Department of Justice) present as counsel for plaintiff(s). Christina Beatty-Walters, Nina Englander, and John Dunbar present as counsel for defendant(s). Court Reporter: Jill Erwin. Tape No: none. Magistrate Judge Janice M. Stewart presiding. (stewart1, ) (Entered: 06/21/2012)	RECAP
74	June 21, 2012	Declaration of Lawrence H. Reichman . Filed by All Plaintiffs. (Related document(s): Motion to certify class 11 .) (Attachments: # 1 Exhibit) (Reichman, Lawrence) (Entered: 06/21/2012) 1 Exhibit View on PACER	RECAP
75	June 22, 2012	Second Declaration of Nina R. Englander . Filed by Oregon Department of Human Services, Oregon Office of Developmental Disability Services, Oregon Office of Vocational Rehabilitation Services. (Related document(s): Response to Motion 45 .) (Attachments: # 1 Exhibit 1, # 2 Exhibit 1, # 3 Exhibit 1) (Englander, Nina) (Entered: 06/22/2012) 1 Exhibit 1 View on PACER 2 Exhibit 1 View on PACER 3 Exhibit 1 View on PACER	RECAP
76	June 26, 2012	ORDER: Granting in Part Denying in Part Defendants' Motion to Strike New Evidence Submitted With Plaintiffs' Reply in Support of Their Motion for Class Certification 68 . See attached for details of ruling. Signed on 6/26/2012 by Magistrate Judge Janice M. Stewart. (ST) (Entered: 06/26/2012)	Clearinghouse
77	July 30, 2012	OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Motion Hearing held on June 21, 2012, before Judge Janice M. Stewart, Court Reporter Jill L. Erwin, telephone number (503)326-8191. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through the court reporter or PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 8/9/2012. Redaction Request due 8/23/2012. Redacted Transcript Deadline set for 9/4/2012. Release of Transcript Restriction set for 11/1/2012. (Erwin, Jill) (Entered: 07/30/2012)	RECAP
78	Aug. 6, 2012	OPINION AND ORDER: Granting Motion to Certify the Class 11 . Signed on 8/6/2012 by Magistrate Judge Janice M. Stewart. (ST) (Entered: 08/06/2012)	Clearinghouse
79	March 15, 2013	Motion for Extension of Discovery & PTO Deadlines pleading entitled: Plaintiffs' Motion to Amend Case Schedule and Deadlines. Oral Argument requested. Filed by All Plaintiffs. (Rubin, Bruce) (Entered: 03/15/2013)	RECAP
80	March 15, 2013	Memorandum in Support of Plaintiff's Motion to Amend Case Schedule and Deadlines. Filed by All Plaintiffs. (Related document(s): Motion for Extension of Discovery & PTO Deadlines 79 .) (Attachments: # 1 Exhibit 1) (Rubin, Bruce) (Entered: 03/15/2013) 1 Exhibit 1 View on PACER	RECAP
81	March 21, 2013	Scheduling Order by Magistrate Judge Janice M. Stewart: SETTING: Plaintiffs' Motion to Amend Case Schedule and Deadlines 79 for TELEPHONE Oral Argument on Tuesday, 4/16/2013 at 1:30PM Pacific Daylight Time before Magistrate Judge Janice M. Stewart. (The court will provide a phone number to counsel to join the conference) (jlr) (Entered: 03/21/2013)	RECAP
82	March 27, 2013	Motion to Intervene . Filed by United States of America. (Lapertosa, Max) (Entered: 03/27/2013)	RECAP
83	March 27, 2013	Memorandum in Support of Motion to Intervene. Filed by United States of America. (Related document(s): Motion to intervene 82 .) (Attachments: # 1 Proposed Document Proposed Complaint in Intervention, # 2 Exhibit Letter, # 3 Exhibit Letter, # 4 Exhibit Letter) (Lapertosa, Max) Modified to delete Exhibit 4 per Order #105 on 5/22/2013 (eo). (Entered: 03/27/2013) 1 Proposed Document Proposed Complaint in Intervention View on PACER 2 Exhibit Letter View on PACER 3 Exhibit Letter View on PACER	Clearinghouse
84	March 28, 2013	Notice of Appearance of Steven G. Liday, Jr appearing on behalf of All Plaintiffs Filed by on behalf of All Plaintiffs (Liday, Steven) (Entered: 03/28/2013)	RECAP
85	March 28, 2013	Scheduling Order by Magistrate Judge Janice M. Stewart: SETTING Motion to Intervene 82 filed by United States of America to be taken under advisement on 5/2/2013. (jlr) (Entered: 03/28/2013)	RECAP
86	April 1, 2013	Response to Motion for Extension of Discovery & PTO Deadlines pleading entitled: Plaintiffs' Motion to Amend Case Schedule and Deadlines 79 Oral Argument requested. Filed by All Defendants. (Attachments: # 1 Exhibit 1) (Beatty-Walters, Christina) (Entered: 04/01/2013) 1 Exhibit 1 View on PACER	RECAP
87	April 15, 2013	Response to Motion to Intervene 82 Oral Argument requested. Filed by All Defendants. (Beatty-Walters, Christina) (Entered: 04/15/2013)	RECAP
88	April 15, 2013	Declaration of Christina Beatty-Walters . Filed by All Defendants. (Related document(s): Response to Motion 87 .) (Attachments: # 1 Exhibit 1, 2, & 3) (Beatty-Walters, Christina) (Entered: 04/15/2013) 1 Exhibit 1, 2, & 3 View on PACER	RECAP
89	April 16, 2013	MINUTES of Proceedings: Granting Motion for Extension of Discovery & PTO Deadlines 79 and setting the case schedule oulined on Plaintiff's Motion to Amend Case Schedule and Deadlines 79, p. 2. ORDER: SETTING United States of America's Motion to Intervene for TELEPHONE oral argument on Monday, May 20, 2013 at 9:30 AM. Bruce Rubin, Cathy Costanzo, Kathleen Wilde, and Steven Schwartz present as counsel for plaintiff(s). Christina Beatty-Walters and Nina Englander present as counsel for defendant(s); Max Lapertosa, Sheila Foran, Regina Kline, Justin Park, Chloe Holzmann, and Adrian Brown present as counsel for U.S. Dept of Justice (proposed intervenor). (Court Reporter none.) (stewart1, ) Modified on 4/16/2013 to add this hearing was recorded: FTR 11A(jlr). (Entered: 04/16/2013)	RECAP
90	April 16, 2013	Scheduling Order by Magistrate Judge Janice M. Stewart regarding Motion to Intervene 82 . ORDER: TELEPHONE oral argument is set for Monday, 5/20/2013 at 09:30AM before Magistrate Judge Janice M. Stewart. ORDER: Please see the attached NOTICE regarding procedures applicable to cases assigned to Magistrate Judge Janice M. Stewart. (stewart1, ) (Entered: 04/16/2013)	RECAP
91	April 16, 2013	Scheduling Order: As discussed at the motion hearing on April 16, 2013, SETTING a four-week jury trial to commence in this case on Monday, July 13, 2015 at 9:00 am, in Judge Stewart's courtroom. The remaining trial schedule will be set, and the Trial Management Order will be issued, following a ruling on dispositive motions. Ordered by Magistrate Judge Janice M. Stewart. (stewart1, ) (Entered: 04/16/2013)	RECAP
92	April 30, 2013	Motion to Compel Production of Documents and for Electronic Discovery Order. Oral Argument requested. Filed by All Plaintiffs. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3) (Rubin, Bruce) Modified on 5/14/2013 see Notice of Withdrawal 101 (jlr). (Entered: 04/30/2013) 1 Exhibit 1 View on PACER 2 Exhibit 2 View on PACER 3 Exhibit 3 View on PACER	RECAP
93	April 30, 2013	Memorandum in Support of Plaintiffs' Motion to Compel Production of Documents and for Electronic Discovery Order. Filed by All Plaintiffs. (Related document(s): Motion to compel 92 .) (Rubin, Bruce) (Entered: 04/30/2013)	RECAP
94	April 30, 2013	Declaration of Kathleen L. Wilde in Support of Plaintiffs' Motion to Compel Production of Documents and for Electronic Discovery Order. Filed by All Plaintiffs. (Related document(s): Motion to compel 92 .) (Rubin, Bruce) (Entered: 04/30/2013)	RECAP
95	April 30, 2013	Declaration of Bettina Toner in Support of Plaintiffs' Motion to Compel Production of Documents and for Electronic Discovery Order. Filed by All Plaintiffs. (Related document(s): Motion to compel 92 .) (Rubin, Bruce) (Entered: 04/30/2013)	RECAP
96	April 30, 2013	Declaration of Bruce A. Rubin in Support of Plaintiffs' Motion to Compel Production of Documents and for Electronic Discovery Order. Filed by All Plaintiffs. (Related document(s): Motion to compel 92 .) (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4) (Rubin, Bruce) (Entered: 04/30/2013) 1 Exhibit 1 View on PACER 2 Exhibit 2 View on PACER 3 Exhibit 3 View on PACER 4 Exhibit 4 View on PACER	RECAP
97	May 1, 2013	Memorandum in Support of the Department of Justice's Motion to Intervene. Filed by All Plaintiffs. (Related document(s): Motion to intervene 82 .) (Schwartz, Steven) (Entered: 05/01/2013)	RECAP
98	May 2, 2013	Reply to Motion to Intervene 82 Oral Argument requested. Filed by United States of America. (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Lapertosa, Max) (Entered: 05/02/2013) 1 Exhibit A View on PACER 2 Exhibit B View on PACER	RECAP
99	May 2, 2013	Scheduling Order by Magistrate Judge Janice M. Stewart: SETTING Motion to Compel Production of Documents and for Electronic Discovery Order 92 for TELEPHONE Oral Argument along with the Motion To Intervene currently set for Monday, 5/20/2013 at 09:30AM before Magistrate Judge Janice M. Stewart. The parties shall call into the court's conference line five minutes prior to the scheduled conference time. The court will join the conference at or shortly after the appointed time. (The phone number will be provided via separate email a few days before the hearing). (jlr) (Entered: 05/02/2013)	RECAP
100	May 8, 2013	Notice of Association of Attorney Carla Scott,Carla Scott for Oregon Office of Developmental Disability Services,Carla Scott for Oregon Office of Vocational Rehabilitation Services,Carla Scott for Oregon Department of Human Services,Carla Scott for State of Oregon. Filed by All Defendants (Scott, Carla) (Entered: 05/08/2013)	RECAP

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Case Details

State / Territory:

Oregon

Case Type(s):

Disability Rights

Special Collection(s):

Multi-LexSum (in sample)

Olmstead Cases

Post-WalMart decisions on class certification

Key Dates

Filing Date: Jan. 25, 2012

Closing Date: Aug. 12, 2022

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Persons with intellectual/developmental disabilities employed in sheltered workshops in Oregon who can and want to work in typical employment settings in the community.

Plaintiff Type(s):

Non-profit NON-religious organization

Private Plaintiff

Attorney Organizations:

NDRN/Protection & Advocacy Organizations

Perkins Coie

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

State

State of Oregon

Defendant Type(s):

Jurisdiction-wide

Facility Type(s):

Government-run

Case Details

Causes of Action:

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

Declaratory Judgment Act, 28 U.S.C. § 2201

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

Other Dockets:

District of Oregon 3:12-cv-00138

District of Oregon 4:09-cv-05796

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:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Other requirements regarding hiring, promotion, retention

Preliminary relief granted

Provide antidiscrimination training

Recordkeeping

Reporting

Order Duration: 2015 - 2022

Issues

General/Misc.:

Classification / placement

Failure to train

Government services

Rehabilitation

Benefits (Source):

Medicaid

Disability and Disability Rights:

Disability, unspecified

Integrated setting

Intellectual/developmental disability, unspecified

Least restrictive environment

Mental impairment

Mobility impairment

Reasonable Modifications

Special education

Discrimination Area:

Disparate Treatment

Discrimination Basis:

Disability (inc. reasonable accommodations)

Jails, Prisons, Detention Centers, and Other Institutions:

Habilitation (training/treatment)

Placement in mental health facilities

Medical/Mental Health Care:

Intellectual/Developmental Disability

Intellectual disability/mental illness dual diagnosis

Recommended Citation

Case Summary of Lane v. Kitzhaber (later, Brown), Civil Rights Litig. Clearinghouse, http://www.dev.clearinghouse.net/case/12314/ (last updated 2/3/2024).