Case: Napper v. County of Sacramento

2:10-cv-01119 | U.S. District Court for the Eastern District of California

Filed Date: May 6, 2010

Closed Date: Jan. 31, 2013

Clearinghouse coding complete

Case Summary

In May 2010, individuals with mental illness filed this suit in the U.S. District Court for the Eastern District of California to challenge the County of Sacramento's proposed reductions in mental health services. The plaintiffs alleged that the County's plan to eliminate funding for Regional Support Team (RST) programs and the Transitional Community Opportunities for Recovery and Engagement (TCORE) program would put the plaintiffs at risk of institutionalization, as they would no longer have …

In May 2010, individuals with mental illness filed this suit in the U.S. District Court for the Eastern District of California to challenge the County of Sacramento's proposed reductions in mental health services. The plaintiffs alleged that the County's plan to eliminate funding for Regional Support Team (RST) programs and the Transitional Community Opportunities for Recovery and Engagement (TCORE) program would put the plaintiffs at risk of institutionalization, as they would no longer have access to the services that ensure their successful placement in the community. Although the County had indicated a desire to open new clinics to meet their needs, no plans had been announced. Thus, the plaintiffs sought to enjoin the County from closing the clinics.

On June 9, 2010, the plaintiffs filed a motion for a preliminary injunction to immediately prevent the closure of the clinics and a motion for class certification. The County filed its opposition to this motion on July 14, and on July 19, the U.S. Department of Justice filed a Statement of Interest supporting the plaintiffs' motion. On July 21, Judge John A. Mendez granted the plaintiffs' motion for preliminary injunction, but denied their motion for class certification as premature.

After a period of discovery and negotiations, the parties entered a settlement agreement in January 2012. The consent decree gave the County one year to develop a new plan that would preserve adequate outpatient mental health care while cutting costs. The agreement outlined a number of factors that the County would consider in developing its new continuum of care plan: peer-staffed clinics, help lines, intake procedures, etc. The agreement also provided that the County would hold public meetings to provide mechanisms for public input into the process. The consent decree expired in 2013, and the case is now closed.

Summary Authors

Beth Kurtz (11/16/2012)

Andrew Junker (10/29/2014)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5856337/parties/napper-v-county-of-sacramento/


Judge(s)
Attorney for Plaintiff

Alger, Maureen P. (California)

Bird, Melinda R. (California)

Branick-Abilla, Margaret I. (California)

Attorney for Defendant

Bach, Michelle (California)

Expert/Monitor/Master/Other

Bagenstos, Samuel R. (District of Columbia)

Documents in the Clearinghouse

Documents in this case

2:10-cv-01119

Docket (PACER)

May 3, 2012

May 3, 2012

Docket
1

2:10-cv-01119

Class Action Complaint for Injunctive and Declaratory Relief

Napper v. County of Sacremento

May 6, 2010

May 6, 2010

Complaint
16

2:10-cv-01119

Notice of Motion and Motion for Preliminary Injunction

May 8, 2010

May 8, 2010

Pleading / Motion / Brief
17

2:10-cv-01119

Memorandum of Points and Authorities in Support of Motion for Preliminary Injunction

Napper v. County of Sacramentro

May 9, 2010

May 9, 2010

Pleading / Motion / Brief
53

2:10-cv-01119

Notice of Motion and Motion for Class Certification

May 9, 2010

May 9, 2010

Pleading / Motion / Brief
54

2:10-cv-01119

Memorandum of Points and Authorities in Support of Motion for Class Certification

Napper v. County of Sacremento

May 9, 2010

May 9, 2010

Pleading / Motion / Brief
68

2:10-cv-01119

Answer to Class Action Complaint for Injunctive and Declaratory Relief

May 23, 2010

May 23, 2010

Pleading / Motion / Brief
82

2:10-cv-01119

Memorandum of Points and Authorities in Opposition to Motion for Preliminary Injunction

July 7, 2010

July 7, 2010

Pleading / Motion / Brief
83

2:10-cv-01119

Memorandum in Opposition to Plaintiffs' Motion for Class Certification

July 7, 2010

July 7, 2010

Pleading / Motion / Brief
96

2:10-cv-01119

Plaintiffs' Reply Memorandum in Support of Motion for Class Certification

July 14, 2010

July 14, 2010

Pleading / Motion / Brief

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5856337/napper-v-county-of-sacramento/

Last updated April 18, 2026, 4:46 a.m.

ECF Number Date Description Link
1 May 6, 2010

COMPLAINT for Injunctive and Declaratory Relief against all defendants by Leslie Napper, Janet Fischer, Jacquie Eichhorn-Smith, Ted Yanello, Lynda Mangio. Attorney Freeman, William S. added. (Attachments: # 1 Civil Cover Sheet)(Freeman, William) (Entered: 05/06/2010)

RECAP
3 May 6, 2010

SUMMONS ISSUED as to *Susan Peters, Roberta MacGlashan, Don Nottoli, Sacramento County Department of Behavioral Health Services, Ann Edwards-Buckley, Mary Ann Bennett, County of Sacramento, Co. Of Sacramento Board Of Supervisors, Roger Dickinson, Jimmie Yee* with answer to complaint due within *21* days. Attorney *William S. Freeman* *Cooley LLP* *Five Palo Alto Sq, 3000 El Camino Real* *Palo Alto, CA 94306*. (Kastilahn, A) (Entered: 05/06/2010)

RECAP
4 May 6, 2010

CIVIL NEW CASE DOCUMENTS ISSUED; (Attachments: # 1 Order re Consent, # 2 Order re Page Limits, # 3 VDRP Form) (Kastilahn, A) (Entered: 05/06/2010)

RECAP
May 6, 2010

RECEIPT number #CAE200026019 $350.00 fbo Leslie Napper et al by William S Freeman on 5/6/2010. (Kastilahn, A)

5 May 10, 2010

SUMMONS RETURNED EXECUTED: Susan Peters served on 5/6/2010, answer due 5/27/2010. (Freeman, William) (Entered: 05/10/2010)

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6 May 10, 2010

SUMMONS RETURNED EXECUTED: Roberta MacGlashan served on 5/6/2010, answer due 5/27/2010. (Freeman, William) (Entered: 05/10/2010)

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7 May 10, 2010

SUMMONS RETURNED EXECUTED: Don Nottoli served on 5/6/2010, answer due 5/27/2010. (Freeman, William) (Entered: 05/10/2010)

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8 May 10, 2010

SUMMONS RETURNED EXECUTED: Sacramento County Department of Behavioral Health Services served on 5/6/2010, answer due 5/27/2010. (Freeman, William) (Entered: 05/10/2010)

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9 May 10, 2010

SUMMONS RETURNED EXECUTED: Ann Edwards-Buckley served on 5/6/2010, answer due 5/27/2010. (Freeman, William) (Entered: 05/10/2010)

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10 May 10, 2010

SUMMONS RETURNED EXECUTED: Mary Ann Bennett served on 5/6/2010, answer due 5/27/2010. (Freeman, William) (Entered: 05/10/2010)

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11 May 10, 2010

SUMMONS RETURNED EXECUTED: County of Sacramento served on 5/6/2010, answer due 5/27/2010. (Freeman, William) (Entered: 05/10/2010)

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12 May 10, 2010

SUMMONS RETURNED EXECUTED: Co. Of Sacramento Board Of Supervisors served on 5/6/2010, answer due 5/27/2010. (Freeman, William) (Entered: 05/10/2010)

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13 May 10, 2010

SUMMONS RETURNED EXECUTED: Roger Dickinson served on 5/6/2010, answer due 5/27/2010. (Freeman, William) (Entered: 05/10/2010)

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14 May 10, 2010

SUMMONS RETURNED EXECUTED: Jimmie Yee served on 5/6/2010, answer due 5/27/2010. (Freeman, William) (Entered: 05/10/2010)

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15 May 24, 2010

STIPULATION re 1 Complaint, to extend time, including 6/24/2010, to respond by County of Sacramento. Attorney Bach, Michele Elizabeth added. (Bach, Michele) Modified on 5/24/2010 (Duong, D). (Entered: 05/24/2010)

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16 June 9, 2010

MOTION for PRELIMINARY INJUNCTION by Leslie Napper, Janet Fischer, Jacquie Eichhorn-Smith, Ted Yanello, Lynda Mangio. (Freeman, William) Modified on 6/14/2010 (Reader, L). (Entered: 06/09/2010)

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17 June 9, 2010

MEMORANDUM OF POINTS AND AUTHORITIES by Leslie Napper, Janet Fischer, Jacquie Eichhorn-Smith, Ted Yanello, Lynda Mangio in SUPPORT of 16 MOTION for PRELIMINARY INJUNCTION. (Freeman, William) Modified on 6/14/2010 (Reader, L). (Entered: 06/09/2010)

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18 June 9, 2010

INDEX of DECLARATION in SUPPORT OF 16 MOTION for PRELIMINARY INJUNCTION. (Freeman, William) Modified on 6/14/2010 (Reader, L). (Entered: 06/09/2010)

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19 June 9, 2010

DECLARATION of Margaret Branick-Abilla in SUPPORT OF 16 MOTION for PRELIMINARY INJUNCTION. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M)(Freeman, William) Modified on 6/14/2010 (Reader, L). (Entered: 06/09/2010)

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20 June 9, 2010

DECLARATION of William S. Freeman in SUPPORT OF 16 MOTION for PRELIMINARY INJUNCTION. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Freeman, William) Modified on 6/14/2010 (Reader, L). (Entered: 06/09/2010)

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21 June 9, 2010

DECLARATION of Josephine Balaoro in SUPPORT OF 16 MOTION for PRELIMINARY INJUNCTION. (Freeman, William) Modified on 6/14/2010 (Reader, L). (Entered: 06/09/2010)

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22 June 9, 2010

DECLARATION of Roleda Bates in SUPPORT OF 16 MOTION for PRELIMINARY INJUNCTION. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Freeman, William) Modified on 6/14/2010 (Reader, L). (Entered: 06/09/2010)

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23 June 9, 2010

DECLARATION of Alexan Bolte BOLTE in SUPPORT OF 16 MOTION for PRELIMINARY INJUNCTION. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Freeman, William) Modified on 6/14/2010 (Reader, L). (Entered: 06/09/2010)

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24 June 9, 2010

DECLARATION of Patricia Boynton in SUPPORT OF 16 MOTION for PRELIMINARY INJUNCTION. (Freeman, William) Modified on 6/14/2010 (Reader, L). (Entered: 06/09/2010)

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25 June 9, 2010

DECLARATION of John Buck in SUPPORT OF 16 MOTION for PRELIMINARY INJUNCTION. (Attachments: # 1 Exhibit A)(Freeman, William) Modified on 6/14/2010 (Reader, L). (Entered: 06/09/2010)

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26 June 9, 2010

DECLARATION of Frank S. Cline, Jr. in SUPPORT OF 16 MOTION for PRELIMINARY INJUNCTION. (Attachments: # 1 Exhibit A)(Freeman, William) Modified on 6/14/2010 (Reader, L). (Entered: 06/09/2010)

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27 June 9, 2010

DECLARATION of Linda Connors in SUPPORT OF 16 MOTION for PRELIMINARY INJUNCTION. (Freeman, William) Modified on 6/14/2010 (Reader, L). (Entered: 06/09/2010)

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28 June 9, 2010

DECLARATION of Alan Cummings in SUPPORT OF 16 MOTION for PRELIMINARY INJUNCTION. (Freeman, William) Modified on 6/14/2010 (Reader, L). (Entered: 06/09/2010)

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29 June 9, 2010

DECLARATION of Chester Davis in SUPPORT OF 16 MOTION for PRELIMINARY INJUNCTION. (Freeman, William) Modified on 6/14/2010 (Reader, L). (Entered: 06/09/2010)

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30 June 9, 2010

DECLARATION of Jacquie Eichhorn-Smith in SUPPORT OF 16 MOTION for PRELIMINARY INJUNCTION. (Freeman, William) Modified on 6/14/2010 (Reader, L). (Entered: 06/09/2010)

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31 June 9, 2010

DECLARATION of Jan Fischer in SUPPORT OF 16 MOTION for PRELIMINARY INJUNCTION. (Freeman, William) Modified on 6/14/2010 (Reader, L). (Entered: 06/09/2010)

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32 June 9, 2010

DECLARATION of Michael J. Franczak, PH.D. in SUPPORT OF 16 MOTION for PRELIMINARY INJUNCTION. (Attachments: # 1 Exhibit A)(Freeman, William) Modified on 6/14/2010 (Reader, L). (Entered: 06/09/2010)

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33 June 9, 2010

DECLARATION of Rania Haidary in SUPPORT OF 16 MOTION for PRELIMINARY INJUNCTION. (Freeman, William) Modified on 6/14/2010 (Reader, L). (Entered: 06/09/2010)

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34 June 9, 2010

DECLARATION of David Harrington in SUPPORT OF 16 MOTION for PRELIMINARY INJUNCTION. (Freeman, William) Modified on 6/14/2010 (Reader, L). (Entered: 06/09/2010)

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35 June 9, 2010

DECLARATION of Thomas Hushen in SUPPORT OF 16 MOTION for PRELIMINARY INJUNCTION. (Freeman, William) Modified on 6/14/2010 (Reader, L). (Entered: 06/09/2010)

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36 June 9, 2010

DECLARATION of Jessica Johnson in SUPPORT OF 16 MOTION for PRELIMINARY INJUNCTION. (Freeman, William) Modified on 6/14/2010 (Reader, L). (Entered: 06/09/2010)

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37 June 9, 2010

DECLARATION of Teresa Johnson in SUPPORT OF 16 MOTION for PRELIMINARY INJUNCTION. (Freeman, William) Modified on 6/14/2010 (Reader, L). (Entered: 06/09/2010)

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38 June 9, 2010

DECLARATION of Channel Kirby in SUPPORT OF 16 MOTION for PRELIMINARY INJUNCTION. (Freeman, William) Modified on 6/14/2010 (Reader, L). (Entered: 06/09/2010)

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39 June 9, 2010

DECLARATION of Renee Klee in SUPPORT OF 16 MOTION for PRELIMINARY INJUNCTION. (Freeman, William) Modified on 6/14/2010 (Reader, L). (Entered: 06/09/2010)

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40 June 9, 2010

DECLARATION of Lynda Mangio in SUPPORT OF 16 MOTION for PRELIMINARY INJUNCTION. (Freeman, William) Modified on 6/14/2010 (Reader, L). (Entered: 06/09/2010)

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41 June 9, 2010

DECLARATION of Leslie Napper in SUPPORT OF 16 MOTION for PRELIMINARY INJUNCTION. (Freeman, William) Modified on 6/14/2010 (Reader, L). (Entered: 06/09/2010)

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42 June 9, 2010

DECLARATION of Carolina Ortiz in SUPPORT OF 16 MOTION for PRELIMINARY INJUNCTION. (Attachments: # 1 Exhibit A)(Freeman, William) Modified on 6/14/2010 (Reader, L). (Entered: 06/09/2010)

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43 June 9, 2010

DECLARATION of Lynn Place in SUPPORT OF 16 MOTION for PRELIMINARY INJUNCTION. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Freeman, William) Modified on 6/14/2010 (Reader, L). (Entered: 06/09/2010)

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44 June 9, 2010

DECLARATION of Edraline "Lyn" Powell in SUPPORT OF 16 MOTION for PRELIMINARY INJUNCTION. (Freeman, William) Modified on 6/14/2010 (Reader, L). (Entered: 06/09/2010)

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45 June 9, 2010

DECLARATION of Ron Risley, MD in SUPPORT OF 16 MOTION for PRELIMINARY INJUNCTION. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Freeman, William) Modified on 6/14/2010 (Reader, L). (Entered: 06/09/2010)

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46 June 9, 2010

DECLARATION of Ian Saetane in SUPPORT OF 16 MOTION for PRELIMINARY INJUNCTION. (Freeman, William) Modified on 6/14/2010 (Reader, L). (Entered: 06/09/2010)

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47 June 9, 2010

[DISREGARD- SEE 63 Declaration for correct image] DECLARATION of YIAN MENG SAETEURN in SUPPORT OF 16 MOTION for PRELIMINARY INJUNCTION Notice. (Freeman, William) Modified on 6/10/2010 (Donati, J). (Entered: 06/09/2010)

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48 June 9, 2010

DECLARATION of Janette Steele in SUPPORT OF 16 MOTION for PRELIMINARY INJUNCTION. (Freeman, William) Modified on 6/14/2010 (Reader, L). (Entered: 06/09/2010)

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49 June 9, 2010

DECLARATION of Beth C. Stoneking, PH.D. in SUPPORT OF 16 MOTION for PRELIMINARY INJUNCTION. (Attachments: # 1 Exhibit A)(Freeman, William) Modified on 6/14/2010 (Reader, L). (Entered: 06/09/2010)

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50 June 9, 2010

DECLARATION of Amy Yannello in SUPPORT OF 16 MOTION for PRELIMINARY INJUNCTION. (Freeman, William) Modified on 6/14/2010 (Reader, L). (Entered: 06/09/2010)

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51 June 9, 2010

DECLARATION of Ted Yannello in SUPPORT OF 16 MOTION for PRELIMINARY INJUNCTION. (Freeman, William) Modified on 6/14/2010 (Reader, L). (Entered: 06/09/2010)

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52 June 9, 2010

PROPOSED ORDER Granting 16 MOTION for PRELIMINARY INJUNCTION. (Freeman, William) Modified on 6/14/2010 (Reader, L). (Entered: 06/09/2010)

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53 June 9, 2010

MOTION FOR CLASS CERTIFICATION by Leslie Napper, Janet Fischer, Jacquie Eichhorn-Smith, Ted Yanello, Lynda Mangio. (Newman, Robert) Modified on 6/14/2010 (Reader, L). (Entered: 06/09/2010)

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54 June 9, 2010

MEMORANDUM OF POINTS AND AUTHORITIES by Leslie Napper, Janet Fischer, Jacquie Eichhorn-Smith, Ted Yanello, Lynda Mangio in SUPPORT of 53 MOTION FOR CLASS CERTIFICATION. (Newman, Robert) Modified on 6/14/2010 (Reader, L). (Entered: 06/09/2010)

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55 June 9, 2010

DECLARATION of Melinda Bird in SUPPORT OF 53 Motion for Class Certification. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Newman, Robert) Modified on 6/14/2010 (Reader, L). (Entered: 06/09/2010)

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56 June 9, 2010

DECLARATION of William S. Freeman in SUPPORT OF 53 Motion for Class Certification. (Newman, Robert) Modified on 6/14/2010 (Reader, L). (Entered: 06/09/2010)

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57 June 9, 2010

DECLARATION of Robert D. Newman in SUPPORT OF 53 Motion for Class Certification. (Newman, Robert) Modified on 6/14/2010 (Reader, L). (Entered: 06/09/2010)

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58 June 9, 2010

PROPOSED ORDER Granting 53 Motion for Class Certification. (Newman, Robert) Modified on 6/14/2010 (Reader, L). (Entered: 06/09/2010)

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59 June 9, 2010

EX PARTE APPLICATION by Leslie Napper, Janet Fischer, Jacquie Eichhorn-Smith, Ted Yanello, Lynda Mangio for an order setting a hearing date for motions for preliminary injunction and class certification. (Newman, Robert) Modified on 6/14/2010 (Reader, L). (Entered: 06/09/2010)

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60 June 9, 2010

DECLARATION of Robert D. Newman in Support of 59 Ex Parte Application. (Attachments: # 1 Exhibit A)(Newman, Robert) Modified on 6/14/2010 (Reader, L). (Entered: 06/09/2010)

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61 June 9, 2010

PROPOSED ORDER Granting 59 Ex Parte Application by Leslie Napper, Janet Fischer, Jacquie Eichhorn-Smith, Ted Yanello, Lynda Mangio. (Newman, Robert) Modified on 6/14/2010 (Reader, L). (Entered: 06/09/2010)

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62 June 9, 2010

[DISREGARD- SEE 63 Declaration for correct image] DECLARATION of YIAN MENG SAETEURN in SUPPORT OF 16 MOTION for PRELIMINARY INJUNCTION Notice. (Freeman, William) Modified on 6/10/2010 (Donati, J). (Entered: 06/09/2010)

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63 June 10, 2010

DECLARATION of Yian Mieng Saeteurn in SUPPORT of 16 MOTION for PRELIMINARY INJUNCTION. (Freeman, William) Modified on 6/14/2010 (Reader, L). (Entered: 06/10/2010)

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64 June 11, 2010

OPPOSITION by Defendant County of Sacramento to 59 Ex Parte Application for an Order setting a hearing date on plts' Motions for Preliminary Injunction and Class Certification . (Bach, Michele) Modified on 6/14/2010 (Duong, D). (Entered: 06/11/2010)

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65 June 11, 2010

DECLARATION of Thomas Burkart in support of 65 Opposition. (Bach, Michele) (Entered: 06/11/2010)

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66 June 14, 2010

MINUTE ORDER: Plaintiffs' 59 Ex Parte Application for an Order Setting a Hearing on Plaintiffs' 16 Motions for Preliminary Injunction and 53 Class Certification is DENIED as the Court finds Plaintiffs' Ex Parte Application to be premature. The Court will set a hearing on Plaintiffs' motions for preliminary injunction and class certification for July 21, 2010 at 9:30 a.m. to allow the parties to brief the Court on the actual actions taken by the Board of Supervisors on this matter. Opposition and reply briefs shall be filed in accord with Local Rule 230. (TEXT ENTRY ONLY)(Vine, H) Modified on 6/14/2010 (Reader, L). (Entered: 06/14/2010)

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67 June 21, 2010

NOTICE of Association of Counsel by all plaintiffs. Attorney Bird, Melinda R. added. (Bird, Melinda) (Entered: 06/21/2010)

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68 June 23, 2010

ANSWER to COMPLAINT by County of Sacramento.(Bach, Michele) (Entered: 06/23/2010)

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69 June 23, 2010

DECLARATION of Beth C. Stoneking (Supplemental) in Support of 16 MOTION for PRELIMINARY INJUNCTION. (Freeman, William) (Entered: 06/23/2010)

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70 June 23, 2010

DECLARATION of Ron Risley (Supplemental) in Support of 16 MOTION for PRELIMINARY INJUNCTION. (Freeman, William) (Entered: 06/23/2010)

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71 June 23, 2010

DECLARATION of Michele Kellogg in Support of 16 MOTION for PRELIMINARY INJUNCTION. (Attachments: # 1 Exhibit A)(Freeman, William) (Entered: 06/23/2010)

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72 June 23, 2010

DECLARATION of Stuart Seaborn in Support of 16 MOTION for PRELIMINARY INJUNCTION. (Attachments: # 1 Exhibit A)(Freeman, William) (Entered: 06/23/2010)

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73 June 24, 2010

MOTION for DISCOVERY Ex Parte Application for An Order Permitting Expedited Discovery and Depositions by Leslie Napper, Janet Fischer, Ted Yanello, Lynda Mangio. (Attachments: # 1 Declaration of Robert D. Newman In Support of Plaintiffs' Ex Parte Application for An Order Permitting Expedited Discovery and Depositions, # 2 Proposed Order )(Newman, Robert) Modified on 6/24/2010 (Williams, D). (Entered: 06/24/2010)

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74 June 25, 2010

MINUTE ORDER: A hearing on Plaintiffs' Ex Parte Application for an Order Permitting Expedited Discovery and Depositions 73 is set before Magistrate Judge Edmund F. Brennan on Wednesday, 6/30/10, at 10:00 a.m. in Courtroom No. 24. No later than 5:00 p.m. on 6/28/10, Defendants may file an opposition or statement of non-opposition to Plaintiffs' Ex Parte Application. No later than 1:00 p.m. on 6/29/10, Plaintiffs may file a reply to any opposition filed by Defendants. Ordered by Magistrate Judge Edmund F. Brennan on 6/25/10. (Bettencourt, K) (Entered: 06/25/2010)

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75 June 28, 2010

OPPOSITION by County of Sacramento to pltfs' ex parte Application for an Order permitting Expedited Disovery and Depositions. Attorney Powell-Mays, June added. (Powell-Mays, June) Modified on 6/29/2010 (Carlos, K). (Entered: 06/28/2010)

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76 June 28, 2010

DECLARATION of Rick Heyer in Opposition to pltfs' ex parte Application for an Order Permitting Expedited Discovery and Depositions. (Powell-Mays, June) Modified on 6/29/2010 (Carlos, K). (Entered: 06/28/2010)

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77 June 29, 2010

REPLY by Jacquie Eichhorn-Smith, Janet Fischer, Lynda Mangio, Leslie Napper, Ted Yanello in support of Ex Parte Application for An Order Permitting Expedited Discovery and Depositions. (Newman, Robert) Modified on 6/30/2010 (Carlos, K). (Entered: 06/29/2010)

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78 June 30, 2010

MINUTES (Text Only) for MOTION HEARING held on 6/30/2010 before Magistrate Judge Edmund F. Brennan re: Plaintiffs' Ex Parte Application for an Order Permitting Expedited Discovery and Depositions 73 . All parties present. The Court discussed the pending ex parte application with the parties. Arguments heard. The parties to to submit a proposed order for the Court's review and signature. Plaintiffs Counsel William Freeman present. Defendants Counsel June Powells-Mays and Rick Heyer present. Court Reporter/CD Number: ECRO, CD 1 of 1. (Cannarozzi, N) (Entered: 06/30/2010)

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79 July 1, 2010

PROPOSED ORDER Re Expedited Discovery by Jacquie Eichhorn-Smith, Janet Fischer, Lynda Mangio, Leslie Napper, Ted Yanello. (Freeman, William) (Entered: 07/01/2010)

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80 July 1, 2010

ORDER signed by Magistrate Judge Edmund F. Brennan on 7/1/10 GRANTING-in-PART and DENYING-in-PART 73 Motion for Discovery. (Donati, J)

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81 July 2, 2010

JOINT STATUS REPORT by Jacquie Eichhorn-Smith, Janet Fischer, Lynda Mangio, Leslie Napper, Ted Yanello. (Freeman, William) (Entered: 07/02/2010)

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82 July 7, 2010

OPPOSITION by County of Sacramento to 16 MOTION for PRELIMINARY INJUNCTION. (Bach, Michele) (Entered: 07/07/2010)

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83 July 7, 2010

OPPOSITION by County of Sacramento to 53 MOTION FOR CLASS CERTIFICATION. (Bach, Michele) (Entered: 07/07/2010)

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84 July 7, 2010

STATEMENT of Evidentiary Objections to Plaintiffs Declarations in Support of Motion for Preliminary Injunction by Defendant County of Sacramento re 16 MOTION for PRELIMINARY INJUNCTION. (Bach, Michele) (Entered: 07/07/2010)

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85 July 7, 2010

DECLARATION of Jeffrey Allan King in Opposition to 16 MOTION for PRELIMINARY INJUNCTION. (Bach, Michele) (Entered: 07/07/2010)

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86 July 7, 2010

DECLARATION of Thomas Burkart in Opposition to 16 MOTION for PRELIMINARY INJUNCTION. (Bach, Michele) (Entered: 07/07/2010)

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87 July 7, 2010

DECLARATION of Dorian Kittrell in Opposition to 16 MOTION for PRELIMINARY INJUNCTION. (Bach, Michele) (Entered: 07/07/2010)

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88 July 7, 2010

DECLARATION of MaryAnn Bennett in Opposition to 16 MOTION for PRELIMINARY INJUNCTION. (Bach, Michele) (Entered: 07/07/2010)

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89 July 7, 2010

DECLARATION of Uma Zykofsky in Opposition to 16 MOTION for PRELIMINARY INJUNCTION. (Bach, Michele) (Entered: 07/07/2010)

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90 July 7, 2010

DECLARATION of Robert Hales in Opposition to 16 MOTION for PRELIMINARY INJUNCTION. (Bach, Michele) (Entered: 07/07/2010)

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91 July 7, 2010

DECLARATION of Kelli Weaver in opposition to 16 MOTION for PRELIMINARY INJUNCTION. (Bach, Michele) (Entered: 07/07/2010)

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92 July 7, 2010

DECLARATION of Jack Rodney Kennedy in Opposition to 16 MOTION for PRELIMINARY INJUNCTION. (Attachments: # 1 Exhibit)(Bach, Michele) (Entered: 07/07/2010)

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93 July 8, 2010

NOTICE of APPEARANCE by Kimberly Lewis on behalf of Jacquie Eichhorn-Smith, Janet Fischer, Lynda Mangio, Leslie Napper, Ted Yanello. Attorney Lewis, Kimberly added. (Lewis, Kimberly) (Entered: 07/08/2010)

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94 July 13, 2010

STIPULATION and PROPOSED ORDER for Granting Leave For Plaintiffs To File 15-Page Reply Memorandum by Jacquie Eichhorn-Smith, Janet Fischer, Lynda Mangio, Leslie Napper, Ted Yanello. (Freeman, William) (Entered: 07/13/2010)

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95 July 13, 2010

STIPULATION and ORDER signed by Judge John A. Mendez on 7/13/10 ORDERING pltfs may file a reply memorandum of up to 15 pages in length in support of their Motion for Preliminary Injunction subject to the terms specified in this order. (Carlos, K)

RECAP
96 July 14, 2010

REPLY by Jacquie Eichhorn-Smith, Janet Fischer, Lynda Mangio, Leslie Napper, Ted Yanello in support of 53 Motion for Class Certification. (Freeman, William) Modified on 7/16/2010 (Benson, A.). (Entered: 07/14/2010)

RECAP
97 July 14, 2010

EVIDENTIARY OBJECTIONS to dfts' declarations by Plaintiffs Jacquie Eichhorn-Smith, Janet Fischer, Lynda Mangio, Leslie Napper, Ted Yanello. (Freeman, William) Modified on 7/16/2010 (Benson, A.). (Entered: 07/14/2010)

RECAP
98 July 14, 2010

OPPOSITION to dfts' evidentiary objections to plfs' declarations in support of Motion for Preliminary Injunction by Plaintiffs Jacquie Eichhorn-Smith, Janet Fischer, Lynda Mangio, Leslie Napper, Ted Yanello. (Freeman, William) Modified on 7/16/2010 (Benson, A.). (Entered: 07/14/2010)

RECAP
99 July 14, 2010

REPLY by Jacquie Eichhorn-Smith, Janet Fischer, Lynda Mangio, Leslie Napper, Ted Yanello re 16 MOTION for PRELIMINARY INJUNCTION. (Attachments: # 1 Declaration of Alexan Bolte, # 2 Declaration of John Buck, # 3 Declaration of Paul Cecchettini, # 4 Declaration of Frank S. Cline, Jr., # 5 Declaration of Betty Dahlquist, # 6 Declaration of Michael J. Franczak, Ph.D., # 7 Declaration of Meghan Stanton, # 8 Declaration of Beth C. Stoneking, Ph.D., # 9 Declaration of Margaret Branick-Abilla Part A, # 10 Declaration of Margaret Branick-Abilla Part B)(Freeman, William) (Entered: 07/14/2010)

RECAP
100 July 14, 2010

APPLICATION for leave to file amici brief by Mental Health Advocacy Services. Attorney Preis, James added. (Preis, James) (Entered: 07/14/2010)

RECAP

Case Details

State / Territory:

California

Case Type(s):

Public Benefits/Government Services

Healthcare Access and Reproductive Issues

Special Collection(s):

Multi-LexSum (in sample)

Olmstead Cases

Key Dates

Filing Date: May 6, 2010

Closing Date: Jan. 31, 2013

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiffs are individuals with mental illness who receive services under California's Medicaid program, Medi-Cal. The plaintiffs alleged that reductions in mental health coverage would place them at risk of institutionalization.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

NDRN/Protection & Advocacy Organizations

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

County

County of Sacramento

Defendant Type(s):

Jurisdiction-wide

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)

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

Constitutional Clause(s):

Due Process

Other Dockets:

Eastern District of California 2:10-cv-01119

Available Documents:

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

Content of Injunction:

Monitoring

Preliminary relief granted

Reasonable Accommodation

Order Duration: 2012 - 2013

Issues

General/Misc.:

Classification / placement

Public benefits (includes, e.g., in-state tuition, govt. jobs)

Benefits (Source):

Medicaid

Disability and Disability Rights:

Integrated setting

Least restrictive environment

Mental Illness, Unspecified

Mental impairment

Discrimination Basis:

Disability (inc. reasonable accommodations)

Jails, Prisons, Detention Centers, and Other Institutions:

Deinstitutionalization/decarceration

Habilitation (training/treatment)

Placement in mental health facilities

Medical/Mental Health Care:

Mental health care, general

Mental health care, unspecified

Recommended Citation