Case: Hutchinson v. Patrick

3:07-cv-30084 | U.S. District Court for the District of Massachusetts

Filed Date: May 17, 2007

Closed Date: Sept. 23, 2021

Clearinghouse coding complete

Case Summary

On May 17, 2007, Medicaid-eligible individuals with acquired brain injuries qualifying for long-term care services in nursing or rehabilitation facilities and the Brain Injury Association of Massachusetts filed this class-action lawsuit in the U.S. District Court for the District of Massachusetts, on behalf of themselves and others similarly situated. The plaintiffs sued Massachusetts under Title II of the Americans with Disabilities Act (ADA) (42 U.S.C. § 12132 et seq.), Section 504 of the Rehabilitation Act (29 U.S.C. § 794(a)), and the Social Security Act (42 U.S.C. § 1396a(a)(8), (a)(10)(A)). Represented by the Center for Public Representation and private counsel, the plaintiffs sought to enjoin Massachusetts to comply with the ADA, Rehabilitation Act, and Social Security Act by offering services and programs for individuals with acquired brain injuries in integrated community settings.

Specifically, the plaintiffs alleged that Massachusetts had illegally discriminated against them on the basis of disability. They cited the Supreme Court's decision in Olmstead v. L.C., 527 U.S. 581 (1999), which held that the ADA forbids the unnecessary institutionalization of individuals with disabilities, and mandates that their rehabilitative and medical needs be provided in a manner that enables individuals with disabilities to be independent and integrated members of the community. The plaintiffs alleged that at least a quarter of the more than 8,000 individuals with traumatic brain injuries living in nursing homes or rehabilitation facilities in Massachusetts would be able to and would prefer to reside in an integrated community setting, provided they received appropriate aids and support. The plaintiffs alleged that in the absence of these services, they were unlawfully denied their personal liberty, freedom of association, and meaningful access to community life.

On September 26, 2007, the court certified the class.

On May 30, 2008, the parties entered a court-approved settlement agreement. Under the settlement, Massachusetts agreed that within six months of the effective date of the settlement it would issue a proposal to the Centers for Medicare and Medicaid Services to establish a Medicaid Home and Community-Based Services (HCBS) (§1915(c) of the Social Security Act) waiver program that would enable individuals with traumatic brain injuries the option of a community-placed living situation. Initially this program would offer 300 such waivers. Individuals receiving the waivers would participate in developing their own Individualized Service Plan with an interdisciplinary team and would receive services appropriate to their level of need. Waiver recipients would have the option of living with family, where applicable, or of living in the most integrated setting appropriate to their needs, e.g., their own apartment or home, or in a group home.

Massachusetts reserved the right to deny waivers to any person whose annual costs of care to Medicaid from residential habilitation and other waiver services, plus Title XIX state plan services, would exceed $164,131, and also to deny waivers to any person whose annual Medicaid waiver costs, exclusive of Title XIX and residential costs, would likely exceed $87,919. The settlement limited the total cost of the waiver program, inclusive of all Medicaid and state-funded expenditures for the participants, to $15,000,000. In order to stay within this cap, the state reserved the right to take corrective actions, such as reducing the number of waivers available. Massachusetts also agreed to implement an education and outreach program in order to educate individuals with acquired traumatic brain injuries about the program.

On June 2, 2009, the plaintiffs filed a motion seeking reasonable attorneys' fees and costs under the fee shifting provisions of the ADA, which allow a "prevailing party" plaintiff to recover expenses from a defendant. 42 U.S.C. § 12205. Massachusetts objected, arguing that the court-approved class action settlement, which expressly was not a court-ordered consent decree, was insufficient to establish the plaintiffs as the prevailing party. The court granted the plaintiffs' motion, ordering the State to pay $750,000 in attorneys' fees. 683 F. Supp. 2d 121. Massachusetts appealed. On February 17, 2011, the First Circuit Court of Appeals (Selya, J.) affirmed the lower court’s decision. 636 F.3d 1.

On June 19, 2013, the parties agreed to a new settlement agreement that would replace the original agreement, which the state was unable to fully implement because it could not secure federal grant funding for community-based services, leaving thousands of individuals with brain injuries languishing in facilities across the state. Under the Amended Agreement, the state would use another federal grant project, the Money Follows the Person (MFP) Demonstration, as well as other waiver programs, to provide residential and non-residential supports for up to 1,174 Medicaid-eligible people with brain injuries who were in long-term rehabilitation facilities and nursing homes.

On July 11, 2013, the district court (Judge Michael A. Ponsor) issued final approval of the amended settlement agreement. The court retained jurisdiction over the case. The agreement was to last for six years.

On June 27, 2014, Judge Ponsor revised a Protective Order originally granted on August 27, 2007, adjusting and broadening the scope of protected health information (PHI) for class members and their guardians.

No substantive docket entries were made during the remainder of the six-year term, which ended on July 1, 2019, so the case is presumably now closed.

Summary Authors

Alex Colbert-Taylor (6/6/2013)

Jessica Kincaid (3/17/2016)

Lauren Latterell Powell (1/1/2018)

Elizabeth Helpling (11/23/2019)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4273325/parties/hutchinson-v-patrick/

Judge(s)

Attorney for Plaintiff

Anderson, Malcolm Alastair (Massachusetts)

Dube, Michael R (Massachusetts)

Halston, Daniel W. (Massachusetts)

Hooker, Miranda (Massachusetts)

Attorney for Defendant

Cartee, Jennifer (Massachusetts)

Judge(s)

Howard, Jeffrey R. (New Hampshire)

Lynch, Sandra Lea (Massachusetts)

Ponsor, Michael Adrian (Massachusetts)

Selya, Bruce Marshall (Rhode Island)

Attorney for Plaintiff

Anderson, Malcolm Alastair (Massachusetts)

Dube, Michael R (Massachusetts)

Halston, Daniel W. (Massachusetts)

Hooker, Miranda (Massachusetts)

Johnston, Richard A. (Massachusetts)

McLaughlin, Anne M (Massachusetts)

Peterson, Duncan Archie (Massachusetts)

Prendergast, James (Illinois)

Rucker, Kathryn L (Massachusetts)

Schwartz, Steven J. (Massachusetts)

Attorney for Defendant

Cartee, Jennifer (Massachusetts)

Miller, Jennifer Grace (Massachusetts)

Stephan, John Michael (Massachusetts)

Willoughby, Jane L (Massachusetts)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

3:07-cv-30084	Docket [PACER]	Aug. 28, 2017	Aug. 28, 2017 Docket
1 3:07-cv-30084	Class Action Complaint	May 17, 2007	May 17, 2007 Complaint
7 3:07-cv-30084	Amended Complaint	June 18, 2007	June 18, 2007 Complaint
35 3:07-cv-30084	Memorandum and Order Regarding Plaintiffs' Motion for Class Certification	Sept. 26, 2007	Sept. 26, 2007 Order/Opinion
39 3:07-cv-30084	Order Regarding Class Certification	Oct. 4, 2007	Oct. 4, 2007 Order/Opinion
42-2 3:07-cv-30084	Settlement Agreement	May 30, 2008	May 30, 2008 Order/Opinion
53 3:07-cv-30084	Order Approving Final Comprehensive Settlement Agreement	Sept. 18, 2008	Sept. 18, 2008 Order/Opinion
73 3:07-cv-30084	Memorandum and Order Regarding Motion for Attorney Fees and Costs	Feb. 8, 2010	Feb. 8, 2010 Order/Opinion 683 F.Supp.2d 121
79 3:07-cv-30084	Appeal from the US District Court for the District for the District of Massachusetts U.S. Court of Appeals for the First Circuit	Sept. 26, 2011	Sept. 26, 2011 Order/Opinion 636 F.3d 1
84-1 3:07-cv-30084	Amended Settlement Agreement	June 19, 2013	June 19, 2013 Settlement Agreement

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/4273325/hutchinson-v-patrick/

Last updated April 4, 2026, 4:53 a.m.

ECF Number	Date	Description	Link
1	May 17, 2007	COMPLAINT against Deval L. Patrick, Judy Ann Bigby, Leslie Kirwan, Thomas Dehner, Elmer C. Bartels by Nathaniel Wilson, Catherine Hutchinson, Raymond Puchalski, Glen Jones filed. Magistrate Judge Consent Form to counsel. (Attachments: # 1 Part 2# 2 Cover and category sheets)(Finn, Mary) (Entered: 05/17/2007) 1 View on RECAP 2 Part 2 View on RECAP 3 Cover and category sheets View on PACER	Clearinghouse
2	June 4, 2007	Not all parties consented to assignment of case to Magistrate Judge Neiman. Case to be reassigned to Judge Michael A. Ponsor. (Document not scanned and placed in the vault) (Finn, Mary) (Entered: 06/04/2007)	RECAP
3	June 8, 2007	NOTICE of Appearance by Jane L. Willoughby on behalf of Deval L. Patrick (Willoughby, Jane) (Entered: 06/08/2007)	RECAP
4	June 8, 2007	First MOTION to Transfer Case by Deval L. Patrick.(Willoughby, Jane) (Entered: 06/08/2007)	RECAP
5	June 8, 2007	First MEMORANDUM in Support re 4 First MOTION to Transfer Case filed by Deval L. Patrick. (Attachments: # 1 Exhibit 2006 Annual Report# 2 Exhibit Opinion)(Willoughby, Jane) (Entered: 06/08/2007) 2 Exhibit 2006 Annual Report View on PACER 3 Exhibit Opinion View on PACER	RECAP
6	June 15, 2007	NOTICE of Appearance by Jennifer Cartee on behalf of Deval L. Patrick (Cartee, Jennifer) (Entered: 06/15/2007)	RECAP
7	June 18, 2007	AMENDED COMPLAINT against all defendants, filed by Nathaniel Wilson, Catherine Hutchinson, The Brain Injury Association of Massachusetts, Raymond Puchalski, Glen Jones. (Attachments: # 1 Amended Complaint, part 2)(Schwartz, Steven) (Entered: 06/18/2007) 1 View on RECAP 2 Amended Complaint, part 2 View on PACER	Clearinghouse
8	June 20, 2007	WAIVER OF SERVICE Returned Executed Nathaniel Wilson waiver sent on 5/17/2007, answer due 7/16/2007; Catherine Hutchinson waiver sent on 5/17/2007, answer due 7/16/2007; The Brain Injury Association of Massachusetts waiver sent on 5/17/2007, answer due 7/16/2007; Raymond Puchalski waiver sent on 5/17/2007, answer due 7/16/2007; Jason Cate waiver sent on 5/17/2007, answer due 7/16/2007; Glen Jones waiver sent on 5/17/2007, answer due 7/16/2007. (Schwartz, Steven) (Entered: 06/20/2007)	RECAP
9	June 22, 2007	MEMORANDUM in Opposition re 4 First MOTION to Transfer Case filed by Nathaniel Wilson, Catherine Hutchinson, The Brain Injury Association of Massachusetts, Raymond Puchalski, Jason Cate, Glen Jones. (Dube, Michael) (Entered: 06/22/2007)	RECAP
10	June 22, 2007	AFFIDAVIT of Nickie Chandler in Opposition re 4 First MOTION to Transfer Case filed by Nathaniel Wilson, Catherine Hutchinson, The Brain Injury Association of Massachusetts, Raymond Puchalski, Jason Cate, Glen Jones. (Dube, Michael) (Entered: 06/22/2007)	RECAP
11	June 29, 2007	Motion for Scheduling Order filed by Plaintiffs. (Attachments: # 1 Exhibit Proposed Scheduling Order)(Dube, Michael) Modified on 7/2/2007 (Healy, Bethaney). (Entered: 06/29/2007) 2 Exhibit Proposed Scheduling Order View on PACER	RECAP
12	June 29, 2007	BRIEF by The Stavros Center for Independent Living, Nathaniel Wilson, Catherine Hutchinson, The Brain Injury Association of Massachusetts, Raymond Puchalski, Jason Cate, Glen Jones to 11 Recommendations for Scheduling Order Mem. in Support of Motion for Scheduling Order. (Attachments: # 1 Exhibit Exhibit 1# 2 Exhibit Exhibit 2# 3 Exhibit Exhibit 3# 4 Exhibit Exhibit 4# 5 Exhibit Exhibit 5)(Dube, Michael) (Entered: 06/29/2007) 2 Exhibit Exhibit 1 View on PACER 3 Exhibit Exhibit 2 View on PACER 4 Exhibit Exhibit 3 View on PACER 5 Exhibit Exhibit 4 View on PACER 6 Exhibit Exhibit 5 View on PACER	RECAP
13	July 3, 2007	Letter/request (non-motion) from Jane L. Willoughby. (Lindsay, Maurice) (Entered: 07/03/2007)	RECAP
14	July 11, 2007	MOTION for Protective Order by The Stavros Center for Independent Living, Nathaniel Wilson, Catherine Hutchinson, The Brain Injury Association of Massachusetts, Raymond Puchalski, Jason Cate, Glen Jones. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3)(Schwartz, Steven) (Entered: 07/11/2007) 2 Exhibit 1 View on PACER 3 Exhibit 2 View on PACER 4 Exhibit 3 View on PACER	RECAP
15	July 11, 2007	MEMORANDUM in Support re 14 MOTION for Protective Order filed by The Stavros Center for Independent Living, Nathaniel Wilson, Catherine Hutchinson, The Brain Injury Association of Massachusetts, Raymond Puchalski, Jason Cate, Glen Jones. (Schwartz, Steven) (Entered: 07/11/2007)	RECAP
16	July 13, 2007	MOTION to Certify Class by The Stavros Center for Independent Living, Nathaniel Wilson, Catherine Hutchinson, The Brain Injury Association of Massachusetts, Raymond Puchalski, Jason Cate, Glen Jones.(Schwartz, Steven) (Entered: 07/13/2007)	RECAP
17	July 13, 2007	MEMORANDUM in Support re 16 MOTION to Certify Class filed by The Stavros Center for Independent Living, Catherine Hutchinson, The Brain Injury Association of Massachusetts, Raymond Puchalski, Jason Cate, Glen Jones. (Attachments: # 1 Exhibit 1 ADA Class Certification Cases# 2 Exhibit 2 Institutional Placement Cases)(Schwartz, Steven) (Entered: 07/13/2007) 2 Exhibit 1 ADA Class Certification Cases View on PACER 3 Exhibit 2 Institutional Placement Cases View on PACER	RECAP
18	July 13, 2007	MEMORANDUM in Opposition re 11 MOTION for Order filed by Deval L. Patrick, Judy Ann Bigby, Leslie Kirwan, Thomas Dehner, Elmer C. Bartels. (Attachments: # 1 Text of Proposed Order Defendants' Proposed Scheduling Order)(Willoughby, Jane) (Entered: 07/13/2007) 2 Text of Proposed Order Defendants' Proposed Scheduling Order View on PACER	RECAP
19	July 16, 2007	ANSWER to Amended Complaint by Deval L. Patrick, Judy Ann Bigby, Leslie Kirwan, Thomas Dehner, Elmer C. Bartels.(Willoughby, Jane) (Entered: 07/16/2007)	RECAP
20	July 17, 2007	Magistrate Judge Kenneth P. Neiman. SCHEDULING ORDER setting Case Management Conference set for 11/6/2009 at 2:00 PM in Courtroom 3 before Magistrate Judge Kenneth P. Neiman ENTERED, cc:cl. SEE ORDER FOR ADDITIONAL DEADLINES. (Healy, Bethaney) (Entered: 07/19/2007)	RECAP
21	July 25, 2007	Opposition re 14 MOTION for Protective Order filed by Deval L. Patrick, Judy Ann Bigby, Leslie Kirwan, Thomas Dehner, Elmer C. Bartels. (Attachments: # 1 Exhibit Affirmation of Deirdre Roney 7.19.2002# 2 Exhibit DRAFT Protective Order)(Cartee, Jennifer) (Entered: 07/25/2007) 2 Exhibit Affirmation of Deirdre Roney 7.19.2002 View on PACER 3 Exhibit DRAFT Protective Order View on PACER	RECAP
22	July 27, 2007	Assented to MOTION for Leave to File Reply by The Stavros Center for Independent Living, Nathaniel Wilson, Catherine Hutchinson, The Brain Injury Association of Massachusetts, Raymond Puchalski, Jason Cate, Glen Jones.(Schwartz, Steven) (Entered: 07/27/2007)	RECAP
23	Aug. 1, 2007	REPLY to Response to Motion re 22 Assented to MOTION for Leave to File Reply, 14 MOTION for Protective Order filed by The Stavros Center for Independent Living, Nathaniel Wilson, Catherine Hutchinson, The Brain Injury Association of Massachusetts, Raymond Puchalski, Jason Cate, Glen Jones. (Schwartz, Steven) (Entered: 08/01/2007)	RECAP
24	Aug. 13, 2007	MOTION to Stay Discovery Pending the Court's Ruling on Plaintiffs' Motion for Class Certification by Deval L. Patrick, Judy Ann Bigby, Leslie Kirwan, Thomas Dehner, Elmer C. Bartels. (Attachments: # 1 Exhibit A# 2 Exhibit B)(Willoughby, Jane) (Entered: 08/13/2007) 2 Exhibit A View on PACER 3 Exhibit B View on PACER	RECAP
25	Aug. 17, 2007	Magistrate Judge Kenneth P. Neiman. MEMORANDUM AND ORDER with regard to Defendant's 24 Motion for Protective Order Staying Discovery and 14 Motion for Protective Order, ENTERED, cc:cl. See Order for details. (Healy, Bethaney) (Entered: 08/17/2007)	RECAP
26	Aug. 17, 2007	Magistrate Judge Kenneth P. Neiman. PROTECTIVE ORDER ENTERED, cc:cl. (Attachments: # 1 Exhibit A)(Healy, Bethaney) (Entered: 08/17/2007) 2 Exhibit A View on PACER	RECAP
27	Aug. 20, 2007	CERTIFICATE OF CONSULTATION re 20 Scheduling Order, Set Scheduling Order Deadlines Local Rule 16.1(D). (Schwartz, Steven) (Entered: 08/20/2007)	RECAP
28	Aug. 20, 2007	CERTIFICATE OF CONSULTATION re 20 Scheduling Order, Set Scheduling Order Deadlines Local Rule 16.1(D). (Schwartz, Steven) (Entered: 08/20/2007)	RECAP
29	Aug. 20, 2007	CERTIFICATE OF CONSULTATION Pursuant to July 17, 2007, Scheduling Order. (Willoughby, Jane) (Entered: 08/20/2007)	RECAP
30	Aug. 20, 2007	Joint MOTION Endorsement of Stipulation by Deval L. Patrick, Judy Ann Bigby, Leslie Kirwan, Thomas Dehner, Elmer C. Bartels. (Attachments: # 1 Exhibit Stipulation)(Willoughby, Jane) (Entered: 08/20/2007) 2 Exhibit Stipulation View on PACER	RECAP
31	Aug. 24, 2007	MOTION for Clarification of August 17, 2007, Protective Order (Unopposed Motion) by Deval L. Patrick, Judy Ann Bigby, Leslie Kirwan, Thomas Dehner, Elmer C. Bartels.(Willoughby, Jane) (Entered: 08/24/2007)	RECAP
32	Aug. 24, 2007	Opposition re 16 MOTION to Certify Class filed by Deval L. Patrick, Judy Ann Bigby, Leslie Kirwan, Thomas Dehner, Elmer C. Bartels. (Attachments: # 1 Affidavit Stephanie Anthony# 2 Affidavit Debra S. Kamen# 3 Affidavit Francesca A. LaVecchia# 4 Affidavit Eleanor Shea-Delaney)(Cartee, Jennifer) (Entered: 08/24/2007) 2 Affidavit Stephanie Anthony View on PACER 3 Affidavit Debra S. Kamen View on PACER 4 Affidavit Francesca A. LaVecchia View on PACER 5 Affidavit Eleanor Shea-Delaney View on PACER	RECAP
33	Aug. 27, 2007	Magistrate Judge Kenneth P. Neiman. REVISED PROTECTIVE ORDER, ENTERED, cc:cl. (Healy, Bethaney) Additional attachment(s) added on 8/27/2007 (Healy, Bethaney). (Entered: 08/27/2007)	RECAP
34	Sept. 7, 2007	REPLY to Response to Motion re 16 MOTION to Certify Class filed by The Stavros Center for Independent Living, Nathaniel Wilson, Catherine Hutchinson, The Brain Injury Association of Massachusetts, Raymond Puchalski, Jason Cate, Glen Jones. (Attachments: # 1 Exhibit Affidavit)(Schwartz, Steven) (Entered: 09/07/2007) 2 Exhibit Affidavit View on PACER	RECAP
35	Sept. 26, 2007	Judge Michael A Ponsor : ORDER entered. MEMORANDUM AND ORDER granting Ptf's 16 Motion for Class Certification, and Counsel are ordered to report to this court by 10/1/07 regarding their negotiations. See the attached memo & order for complete details. cc/cl(Lindsay, Maurice) (Entered: 09/26/2007)	Clearinghouse
36	Oct. 1, 2007	STATUS REPORT on Class Definition by The Stavros Center for Independent Living, Nathaniel Wilson, Catherine Hutchinson, The Brain Injury Association of Massachusetts, Raymond Puchalski, Jason Cate, Glen Jones. (Schwartz, Steven) (Entered: 10/01/2007)	RECAP
37	Oct. 1, 2007	STATUS REPORT by Deval L. Patrick, Judy Ann Bigby, Leslie Kirwan, Thomas Dehner, Elmer C. Bartels. (Miller, Jennifer) (Entered: 10/01/2007)	RECAP
38	Oct. 1, 2007	NOTICE of Appearance by Jennifer G. Miller on behalf of Deval L. Patrick, Judy Ann Bigby, Leslie Kirwan, Thomas Dehner, Elmer C. Bartels (Miller, Jennifer) (Entered: 10/01/2007)	RECAP
39	Oct. 4, 2007	Judge Michael A Ponsor : ORDER REGARDING CLASS DEFINITION entered. See the attached order for complete details. cc/cl (Lindsay, Maurice) (Entered: 10/04/2007)	Clearinghouse
40	Oct. 11, 2007	TRANSCRIPT of Motion Hearing held on September 24, 2007 before Judge Ponsor. Court Reporter: Alice Moran. The original transcripts are maintained by the Clerk's Office. Copies may be obtained by contacting the court reporter at 413/731-0086 or the Clerk's Office. (Scalfani, Deborah) (Entered: 10/11/2007)	RECAP
41	Dec. 17, 2007	TRANSCRIPT of Motion Hearing held on August 15, 2007 before Judge Neiman. Digital Recording: Transcribed by Dianne Quinn. The original transcripts are maintained by the Clerk's Office. Copies may be obtained by contacting the Dianne Quinn at 413/562-7471 or the Clerk's Office. (Scalfani, Deborah) (Entered: 12/17/2007)	RECAP
42	June 2, 2008	Joint MOTION for Settlement Agreement by The Stavros Center for Independent Living, Nathaniel Wilson, Catherine Hutchinson, The Brain Injury Association of Massachusetts, Raymond Puchalski, Jason Cate, Glen Jones. (Attachments: # 1 Exhibit Settlement Agreement, # 2 Ex. 1 Attachment A, # 3 Ex.2 Attachment B, # 4 Exhibit Class Notice)(Schwartz, Steven) (Additional attachment(s) added on 6/16/2008: # 5 Correct Exhibit Class Notice) (Finn, Mary). (Entered: 06/02/2008) 2 Exhibit Settlement Agreement View on PACER 3 Ex. 1 Attachment A View on PACER 4 Ex.2 Attachment B View on PACER 6 Correct Exhibit Class Notice View on PACER	RECAP
43	June 13, 2008	Joint MOTION to Modify Protective Order by Deval L. Patrick,et al., and Catherine Hutchinson, et al.,(Lindsay, Maurice) (Entered: 06/13/2008)	RECAP
44	June 13, 2008	Judge Michael A Ponsor: ORDER entered. PROTECTIVE ORDER.(Lindsay, Maurice) (Entered: 06/13/2008)	RECAP
45	June 26, 2008	Transcript of Hearing held on June 13, 2008, before Judge Ponsor. Court Reporter: Sarah L. Mubarek at sarahmubarek@comcast.net. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Redaction Request due 7/14/2008. Redacted Transcript Deadline set for 7/24/2008. Release of Transcript Restriction set for 9/22/2008. (Scalfani, Deborah) (Entered: 06/26/2008)	RECAP
46	June 26, 2008	NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, a copy of which is attached to this entry.. (Scalfani, Deborah) (Entered: 06/26/2008)	RECAP
47	July 16, 2008	MEMORANDUM in Support re 42 Joint MOTION for Settlement Agreement filed by The Stavros Center for Independent Living, Nathaniel Wilson, Catherine Hutchinson, The Brain Injury Association of Massachusetts, Raymond Puchalski, Jason Cate, Glen Jones. (Attachments: # 1 Exhibit K. Rucker Affidavit, # 2 Exhibit A.Korab Affidavit, # 3 Exhibit M.Glenn Affidavit, # 4 Exhibit S.Schwartz Affidavit)(Schwartz, Steven) (Entered: 07/16/2008) 2 Exhibit K. Rucker Affidavit View on PACER 3 Exhibit A.Korab Affidavit View on PACER 4 Exhibit M.Glenn Affidavit View on PACER 5 Exhibit S.Schwartz Affidavit View on PACER	RECAP
48	July 18, 2008	MEMORANDUM in Support re 42 Joint MOTION for Settlement Agreement filed by Deval L. Patrick. (Miller, Jennifer) (Entered: 07/18/2008)	RECAP
49	July 29, 2008	MOTION for Settlement by Deval L. Patrick. (Attachments: # 1 Text of Proposed Order Proposed Order Approving Settlement Agreement)(Miller, Jennifer) (Entered: 07/29/2008) 2 Text of Proposed Order Proposed Order Approving Settlement Agreement View on PACER	RECAP
50	July 29, 2008	MOTION for Order to Enter Order Approving Final Comprehensive Settlement Agreement by The Stavros Center for Independent Living, Nathaniel Wilson, Catherine Hutchinson, The Brain Injury Association of Massachusetts, Raymond Puchalski, Jason Cate, Glen Jones. (Attachments: # 1 Text of Proposed Order)(Schwartz, Steven) (Entered: 07/29/2008) 2 Text of Proposed Order View on PACER	RECAP
51	Sept. 11, 2008	MEMORANDUM in Support re 50 MOTION for Order to Enter Order Approving Final Comprehensive Settlement Agreement filed by The Stavros Center for Independent Living, Nathaniel Wilson, Catherine Hutchinson, The Brain Injury Association of Massachusetts, Raymond Puchalski, Jason Cate, Glen Jones. (Schwartz, Steven) (Entered: 09/11/2008)	RECAP
52	Sept. 15, 2008	MEMORANDUM in Support re 49 MOTION for Settlement filed by Deval L. Patrick. (Miller, Jennifer) (Entered: 09/15/2008)	RECAP
53	Sept. 18, 2008	Judge Michael A Ponsor: ORDER entered. ORDER APPROVING FINAL COMPREHENSIVE SETTLEMENT AGREEMENT. See the attached order for complete details. cc/cl(Lindsay, Maurice) (Entered: 09/19/2008)	Clearinghouse
54	Sept. 24, 2008	Transcript of Conference Hearing held on September 16, 2008, before Judge Ponsor. Court Reporter: Alice Moran at 413/731-0086. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Redaction Request due 10/13/2008. Redacted Transcript Deadline set for 10/22/2008. Release of Transcript Restriction set for 12/22/2008. (Scalfani, Deborah) (Entered: 09/24/2008)	RECAP
55	Sept. 24, 2008	NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, a copy of which is attached to this entry.. (Scalfani, Deborah) (Entered: 09/24/2008)	RECAP
57	May 20, 2009	Transcript of Settlement Approval Hearing held on July 25, 2008, before Judge Ponsor. Court Reporter: Alice Moran at 413/731-0086. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Redaction Request due 6/8/2009. Redacted Transcript Deadline set for 6/17/2009. Release of Transcript Restriction set for 8/17/2009. (Scalfani, Deborah) (Entered: 05/20/2009)	RECAP
58	May 20, 2009	NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, a copy of which is attached to this entry.. (Scalfani, Deborah) (Entered: 05/20/2009)	RECAP
59	June 2, 2009	MOTION for Attorney Fees and Costs by The Stavros Center for Independent Living, Nathaniel Wilson, Catherine Hutchinson, The Brain Injury Association of Massachusetts, Raymond Puchalski, Jason Cate, Glen Jones. (Attachments: # 1 Exhibit Summary of Fees and Costs, # 2 Exhibit Summary of Fees, # 3 Exhibit Summary of Costs, # 4 Exhibit Affidavit of S. Schwartz, # 5 Exhibit Affidavit of K. Rucker, # 6 Exhibit Affidavit of R. Johnston, # 7 Exhibit Affidavit of R. Johnston (2), # 8 Exhibit Affidavit of Dr. O'Shanick, # 9 Exhibit Affidavit of Dr. M. Glenn, # 10 Exhibit Affidavit of S. Hanlon, # 11 Exhibit Affidavit of D. Manning, # 12 Exhibit Affidavit of S. Rossman)(Schwartz, Steven) (Entered: 06/02/2009) 2 Exhibit Summary of Fees and Costs View on PACER 3 Exhibit Summary of Fees View on PACER 4 Exhibit Summary of Costs View on PACER 5 Exhibit Affidavit of S. Schwartz View on PACER 6 Exhibit Affidavit of K. Rucker View on PACER 7 Exhibit Affidavit of R. Johnston View on PACER 8 Exhibit Affidavit of R. Johnston (2) View on PACER 9 Exhibit Affidavit of Dr. O'Shanick View on PACER 10 Exhibit Affidavit of Dr. M. Glenn View on PACER 11 Exhibit Affidavit of S. Hanlon View on PACER 12 Exhibit Affidavit of D. Manning View on PACER 13 Exhibit Affidavit of S. Rossman View on PACER	RECAP
60	June 2, 2009	NOTICE OF MANUAL FILING by The Stavros Center for Independent Living, Nathaniel Wilson, Catherine Hutchinson, The Brain Injury Association of Massachusetts, Raymond Puchalski, Jason Cate, Glen Jones Exhibits 12 through 16 re 59 MOTION for Attorney Fees and Costs Exhibits 12 through 16 (Schwartz, Steven) (Entered: 06/02/2009)	RECAP
61	June 2, 2009	Assented to MOTION for Leave to File Excess Pages in Memorandum in Support of Motion for Attorneys' Fees and Costs by Nathaniel Wilson, Catherine Hutchinson, The Brain Injury Association of Massachusetts, Raymond Puchalski, Jason Cate, Glen Jones.(Schwartz, Steven) (Entered: 06/02/2009)	RECAP
62	June 2, 2009	MEMORANDUM in Support re 59 MOTION for Attorney Fees and Costs, 61 Assented to MOTION for Leave to File Excess Pages in Memorandum in Support of Motion for Attorneys' Fees and Costs filed by The Stavros Center for Independent Living, Nathaniel Wilson, Catherine Hutchinson, The Brain Injury Association of Massachusetts, Raymond Puchalski, Jason Cate, Glen Jones. (Schwartz, Steven) (Additional attachment(s) added on 6/2/2009: # 1 Correct Main document - part 1, # 2 part 2) (Finn, Mary). (Entered: 06/02/2009)	RECAP
63	June 5, 2009	Assented to MOTION for Extension of Time to July 16, 2009 to File Response/Reply to Plaintiffs' Motion for an Award of Fees and Costs by Deval L. Patrick.(Miller, Jennifer) (Entered: 06/05/2009)	RECAP
64	June 29, 2009	MOTION to Bifurcate Attorneys' Fee Proceedings by Deval L. Patrick.(Miller, Jennifer) (Entered: 06/29/2009)	RECAP
65	July 6, 2009	MEMORANDUM in Opposition re 64 MOTION to Bifurcate Attorneys' Fee Proceedings filed by The Stavros Center for Independent Living, Nathaniel Wilson, Catherine Hutchinson, The Brain Injury Association of Massachusetts, Raymond Puchalski, Jason Cate, Glen Jones. (Dube, Michael) (Entered: 07/06/2009)	RECAP
66	July 6, 2009	AFFIDAVIT in Opposition re 64 Defts' motion to bifurcate attorneys' fee proceedings filed. (Dube, Michael) Modified on 7/6/2009 (Finn, Mary). (Entered: 07/06/2009)	RECAP
67	July 27, 2009	MEMORANDUM in Opposition re 59 MOTION for Attorney Fees and Costs filed by Deval L. Patrick. (Attachments: # 1 Exhibit, # 2 Affidavit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit)(Miller, Jennifer) (Additional attachment(s) added on 7/27/2009: # 8 Correct Main Document - part 1, # 9 Part 2, # 10 Exhibit 1, # 11 Affidavit Jennifer Grace Miller, # 12 Exhibit, # 13 Exhibit B - part 1, # 14 Exhibit B part 2, # 15 Exhibit C, # 16 Exhibit D - part 1, # 17 Exhibit D - part 2, # 18 Exhibit E) (Finn, Mary). (Entered: 07/27/2009)	RECAP
68	July 27, 2009	Assented to MOTION for Leave to File Excess Pages by Deval L. Patrick.(Miller, Jennifer) (Entered: 07/27/2009)	RECAP
69	Aug. 7, 2009	REPLY to Response to 59 MOTION for Attorney Fees and Costs filed by The Stavros Center for Independent Living, Nathaniel Wilson, Catherine Hutchinson, The Brain Injury Association of Massachusetts, Raymond Puchalski, Jason Cate, Glen Jones. (Schwartz, Steven) (Entered: 08/07/2009)	RECAP
70	Oct. 23, 2009	Transcript of Motion Hearing held on October 15, 2009, before Judge Ponsor. Court Reporter: Alice Moran at 413/731-0086. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Redaction Request due 11/10/2009. Redacted Transcript Deadline set for 11/20/2009. Release of Transcript Restriction set for 1/19/2010. (Scalfani, Deborah) (Entered: 10/23/2009)	RECAP
71	Oct. 23, 2009	NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, a copy of which is attached to this entry.. (Scalfani, Deborah) (Entered: 10/23/2009)	RECAP
72	Dec. 16, 2009	NOTICE by The Stavros Center for Independent Living, Nathaniel Wilson, Catherine Hutchinson, The Brain Injury Association of Massachusetts, Raymond Puchalski, Jason Cate, Glen Jones (Attachments: # 1 Supplement Supplemental Authority)(Schwartz, Steven) (Entered: 12/16/2009) 2 Supplement Supplemental Authority View on PACER	RECAP
73	Feb. 8, 2010	Judge Michael A Ponsor: MEMORANDUM AND ORDER entered granting 59 Motion for Attorney Fees and Costs. See the attached memo and order for complete details. (Lindsay, Maurice) (Entered: 02/08/2010)	Clearinghouse
74	Feb. 22, 2010	MOTION for Entry of Judgment under Rule 54(b) by Deval L. Patrick. (Attachments: # 1 Text of Proposed Order)(Miller, Jennifer) (Entered: 02/22/2010) 2 Text of Proposed Order View on PACER	RECAP
75	Feb. 26, 2010	Opposition re 74 MOTION for Entry of Judgment under Rule 54(b) filed by The Stavros Center for Independent Living, Nathaniel Wilson, Catherine Hutchinson, The Brain Injury Association of Massachusetts, Raymond Puchalski, Jason Cate, Glen Jones. (Schwartz, Steven) (Entered: 02/26/2010)	RECAP
76	March 2, 2010	NOTICE OF APPEAL by Deval L. Patrick, Judy Ann Bigby, Leslie Kirwan, Thomas Dehner, Elmer C. Bartels NOTICE TO COUNSEL: A Transcript Report/Order Form, which can be downloaded from the First Circuit Court of Appeals web site at http://www.ca1.uscourts.gov/clerks/transcript.htm MUST be completed and submitted to the Court of Appeals. Counsel shall register for a First Circuit CM/ECF Appellate Filer Account at http://pacer.psc.uscourts.gov/cmecf. Counsel shall also review the First Circuit requirements for electronic filing by visiting the CM/ECF Information section at http://www.ca1.uscourts.gov/efiling.htm. Appeal Record due by 3/22/2010. (Miller, Jennifer) (Entered: 03/02/2010)	RECAP
77	March 2, 2010	Certified and Transmitted Abbreviated Electronic Record on Appeal to US Court of Appeals re 76 Notice of Appeal, (Ramos, Jeanette) (Entered: 03/02/2010)	RECAP
78	Sept. 24, 2010	Judge Michael A Ponsor: ORDER TO ADMINISTRATIVELY CLOSE CASE entered. The Court hereby orders that the clerk administratively close this case. The Court will, of course, continue its ongoing oversight as contemplated by the final Comprehensive Settlement Agreement executed by the parties. (Finn, Mary) (Entered: 09/24/2010)	RECAP
79	Sept. 26, 2011	OPINION of USCA as to 76 Notice of Appeal, filed by Leslie Kirwan, Judy Ann Bigby, Deval L. Patrick, Thomas Dehner, Elmer C. Bartels. (Ramos, Jeanette) (Entered: 09/26/2011)	Clearinghouse
80	Sept. 26, 2011	USCA Judgment as to 76 Notice of Appeal, filed by Leslie Kirwan, Judy Ann Bigby, Deval L. Patrick, Thomas Dehner, Elmer C. Bartels. This cause came on to be heard on appeal from the United Stated District Court for the District of Massachusetts and was argued by counsel. Upon consideration whereof, it is now here ordered, adjudged and decreed as follows: The judgment of the district court is affirmed. (Ramos, Jeanette) (Entered: 09/26/2011)	RECAP
81	Sept. 26, 2011	MANDATE of USCA as to 76 Notice of Appeal, filed by Leslie Kirwan, Judy Ann Bigby, Deval L. Patrick, Thomas Dehner, Elmer C. Bartels. Appeal 76 Terminated (Ramos, Jeanette) (Entered: 09/26/2011)	RECAP
82	June 19, 2013	ELECTRONIC NOTICE of Hearing.Hearing set for 6/25/2013 11:30 AM in Hampden Courtroom before Judge Michael A. Ponsor. (Pelegano, Theresa) (Entered: 06/19/2013)	RECAP
83	June 19, 2013	NOTICE of Appearance by John Michael Stephan on behalf of Elmer C. Bartels, Judy Ann Bigby, Thomas Dehner, Leslie Kirwan, Deval L. Patrick (Stephan, John) (Entered: 06/19/2013)	RECAP
84	June 19, 2013	Joint MOTION for Settlement Approval and MOTION for a Fairness Hearing by Elmer C. Bartels, Judy Ann Bigby, Thomas Dehner, Leslie Kirwan, Deval L. Patrick. (Attachments: # 1 Amended Settlement Agreement, # 2 Proposed Notice to Class)(Stephan, John). Added an additional relief - MOTION for Hearing on 6/20/2013 (Finn, Mary). (Additional attachment(s) added on 7/12/2013: # 3 Supplement signature page submitted in court on 7/11/13 Parrties requested document be added to motion) (Pelegano, Theresa). (Entered: 06/19/2013) 1 Amended Settlement Agreement View on PACER 2 Proposed Notice to Class View on PACER 3 Supplement signature page View on PACER	RECAP
85	June 20, 2013	Judge Michael A. Ponsor: ENDORSED ORDER entered granting 84 Joint Motion for Preliminary Approval of Amended Settlement Agreement, for approval of a notice to the class, and for scheduling of a fairness hearing. ALLOWED. a hearing on this preliminary motion is unnecessary. The clerk will schedule the fairness hearing as requested. So ordered. (Lindsay, Maurice) (Entered: 06/20/2013)	RECAP
86	June 20, 2013	ELECTRONIC NOTICE Canceling Hearing. Hearing set for 6/25/2013 11:30 AM in Hampden Courtroom is canceled. (Pelegano, Theresa) (Entered: 06/20/2013)	RECAP
87	June 20, 2013	ELECTRONIC NOTICE Setting Hearing on Motion Motion Hearing for a Fairness Hearing set for 7/11/2013 11:30 AM in Hampden Courtroom before Judge Michael A. Ponsor. (Pelegano, Theresa) (Entered: 06/20/2013)	RECAP
88	July 9, 2013	MEMORANDUM in Support re 84 Joint MOTION for Settlement Approval MOTION for Hearing filed by Jason Cate, Catherine Hutchinson, Glen Jones, Raymond Puchalski, The Brain Injury Association of Massachusetts, The Stavros Center for Independent Living, Nathaniel Wilson. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Text of Proposed Order)(Schwartz, Steven) (Entered: 07/09/2013) 1 Exhibit View on PACER 2 Exhibit View on PACER 3 Text of Proposed Order View on PACER	RECAP
89	July 9, 2013	MEMORANDUM in Support re 84 Joint MOTION for Settlement Approval MOTION for Hearing filed by Elmer C. Bartels, Judy Ann Bigby, Thomas Dehner, Leslie Kirwan, Deval L. Patrick. (Stephan, John) (Entered: 07/09/2013)	RECAP
90	July 11, 2013	ELECTRONIC Clerk's Notes for proceedings held before Judge Michael A. Ponsor: Hearing re Fairness hearing held on 7/11/2013. Court signs proposed order. Order to issue. (Court Reporter: Alice Moran at 413-731-0086.) (Pelegano, Theresa) (Entered: 07/11/2013)	RECAP
91	July 11, 2013	Judge Michael A. Ponsor: ORDER entered Approving Settlement Agreement. (Pelegano, Theresa) (Entered: 07/12/2013)	Clearinghouse
92	July 12, 2013	Assented to MOTION for Extension of Time to 10/1/2013 to File Motion for Attorneys' Fees and Costs by Jason Cate, Catherine Hutchinson, Glen Jones, Raymond Puchalski, The Brain Injury Association of Massachusetts, The Stavros Center for Independent Living, Nathaniel Wilson.(Schwartz, Steven) (Entered: 07/12/2013)	RECAP
93	July 12, 2013	Judge Michael A. Ponsor: ELECTRONIC ORDER entered granting Pltfs' 92 Motion for Extension of Time to 10/1/2013 to file Motion for Attorney's Fees. (Finn, Mary) (Entered: 07/12/2013)	RECAP
94	July 12, 2013	Set/Reset Deadlines: Plfts's Motion for Attorney's Fees due by 10/1/2013. (Finn, Mary) (Entered: 07/12/2013)	RECAP
95	July 30, 2013	Transcript of Fairness Hearing held on July 11, 2013, before Judge Michael A. Ponsor. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Alice Moran at 413-731-0086 Redaction Request due 8/20/2013. Redacted Transcript Deadline set for 8/30/2013. Release of Transcript Restriction set for 10/28/2013. (Scalfani, Deborah) (Entered: 07/30/2013)	RECAP
96	July 30, 2013	NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at http://www.mad.uscourts.gov/attorneys/general-info.htm (Scalfani, Deborah) (Entered: 07/30/2013)	RECAP
105	Aug. 24, 2021	Dismiss	RECAP
106	Aug. 24, 2021	Memorandum in Support of Motion 1 Exhibit Exhibit A View on RECAP 2 Exhibit Exhibit B View on RECAP 3 Exhibit Exhibit C View on RECAP 4 Exhibit Exhibit D View on RECAP 5 Exhibit Exhibit E View on RECAP	RECAP
	Sept. 13, 2021	Notice Setting or Resetting Hearing on Motion
108	Sept. 27, 2021	Order on Motion to Dismiss	Clearinghouse

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Case Details

State / Territory:

Massachusetts

Case Type(s):

Public Benefits/Government Services

Disability Rights

Intellectual Disability (Facility)

Special Collection(s):

Multi-LexSum (in sample)

Olmstead Cases

Key Dates

Filing Date: May 17, 2007

Closing Date: Sept. 23, 2021

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Class of Medicaid recipients with acquired traumatic brain injuries alleging Massachusetts had unlawfully failed to provide care to people with brain injuries in a community setting as required by the ADA.

Plaintiff Type(s):

Non-profit NON-religious organization

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

State

Governor of Massachusetts

Defendant Type(s):

Hospital/Health Department

Facility Type(s):

Government-run

Case Details

Causes of Action:

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

Social Security (Title XX), 42 U.S.C. §§ 1397 et seq.

Other Dockets:

District of Massachusetts 3:07-cv-30084

Available Documents:

Any published opinion

Complaint (any)

Injunctive (or Injunctive-like) Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Attorneys fees

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Comply with advertising/recruiting requirements

Discrimination Prohibition

Goals (e.g., for hiring, admissions)

Reasonable Accommodation

Recordkeeping

Reporting

Amount Defendant Pays: $750,000

Order Duration: 2008 - 2021

Issues

General/Misc.:

Classification / placement

Government services

Housing

Individualized planning

Personal injury

Public assistance grants

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

Rehabilitation

Relative caretakers

Benefits (Source):

Medicaid

Disability and Disability Rights:

Brain injury

Disability, unspecified

Mental impairment

Reasonable Accommodations

Reasonable Modifications

Discrimination Basis:

Disability (inc. reasonable accommodations)

Jails, Prisons, Detention Centers, and Other Institutions:

Deinstitutionalization/decarceration

Habilitation (training/treatment)

Medical/Mental Health Care:

Intellectual/Developmental Disability

Medical care, general

Recommended Citation

Case Summary of Hutchinson v. Patrick, Civil Rights Litig. Clearinghouse, http://www.dev.clearinghouse.net/case/12751/ (last updated 11/23/2019).