Case: Unthaksinkun v. Porter

2:11-cv-00588 | U.S. District Court for the Western District of Washington

Filed Date: April 7, 2011

Closed Date: July 8, 2014

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Case Summary

On April 7, 2011, indigent lawful permanent residents in Washington filed a lawsuit in the U.S. District Court for the Western District of Washington against the Washington State Health Care Authority (HCA) under 42 U.S.C. § 1983. The plaintiffs, represented by attorneys from the Northwest Health Law Advocates and the Public Interest Law Group, as well as private counsel, alleged that HCA had violated the Equal Protection Clause and the Due Process Clause. Plaintiffs, including five named membe…

Prior to the filing of the lawsuit, the state passed a bill that restricted immigrants' eligibility for the Washington Basic Health Program, which provided state-subsidized health insurance to indigent residents and, on the same day, sent plaintiffs letters notifying them that they would be de-enrolled from the program in ten days.

Plaintiffs argued that the termination notices did not provide the adequate, meaningful, and timely notice required by the Due Process Clause. According to the amended complaint, HCA did not have enough information to determine immigration status prior to sending these notices. The notices failed to inform plaintiffs why they were ineligible for their benefits or to provide any individualized explanation for the HCA's determination that plaintiffs were not legal residents. Plaintiffs also assert that HCA violated the Equal Protection Clause by discriminating against plaintiffs based on their immigration status.

On September 28, 2011, the District Court (Judge James Robart) granted plaintiffs' motion to certify the Due Process class as defined by plaintiffs, with some minor revisions. Unthaksinkun v. Porter, C11-0588JLR, 2011 WL 4502050 (W.D. Wash. 2011). The Court also granted plaintiffs' motion to certify an Equal Protection class that includes individuals who were de-enrolled from Basic Health, but denied plaintiffs' request that the class also include future class members.

On October 24, 2011, the court issued a preliminary injunction, which incorporated the parties' agreed proposal for a preliminary injunction. The order required the defendant to review class member lists and identify additional members of the Equal Protection class; send notice of reenrollment rights to known class members; reinstate coverage for class members who pay premiums; follow specific protocols before seeking to de-enroll any class member based on immigration status; provide individual termination notification including specific information to any re-enrolled class member; and post information on the Basic Health web site.

On January 3, 2012, a mediator was appointed for the case. By March 15, 2013, the HCA had fully complied with the terms of the preliminary injunction and the members of the Due Process class had received their remedy according to the terms of the injunction.

The parties agreed that the claim for the Equal Protection class members would become moot in 2014 when funding for Basic Health would be eliminated, and lawfully present immigrants, currently enrolled in Basic Health, would be eligible to purchase insurance under the Affordable Care Act. The parties therefore requested to continue the trial from August 2013 to August 2014, with the expectation that the claims of the Equal Protection class would become irrelevant.

On February 13, 2014, the parties reached a final settlement, agreeing that since the protected class had already received appropriate relief through the preliminary injunction, the plaintiffs’ due process claim need not be litigated further. The defendants also agreed to pay $264,000 in attorneys’ fees. The court approved the settlement on March 6, 2014. On July 8, 2014, the court dismissed the remaining equal protection claim with prejudice.

Summary Authors

Jennifer Bronson (10/6/2013)

Allison Hight (2/19/2016)

Carol Chen (7/5/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5069062/parties/unthaksinkun-v-porter/

Judge(s)

Attorney for Plaintiff

Gross, Daniel S. (Washington)

Marks-Dias, Blake Edward (Washington)

Attorney for Defendant

Baker, Elizabeth Anna-Marie (Washington)

Burke-Cain, Melissa A. (Washington)

Clark, William G. (Washington)

Judge(s)

Robart, James L. (Washington)

Attorney for Plaintiff

Gross, Daniel S. (Washington)

Marks-Dias, Blake Edward (Washington)

Pierson, Michael (Washington)

Varon, Janet (Washington)

Attorney for Defendant

Baker, Elizabeth Anna-Marie (Washington)

Burke-Cain, Melissa A. (Washington)

Clark, William G. (Washington)

McKenna, Robert M. (Washington)

Yu, Gail S. (Washington)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

2:11-cv-00588	Docket [PACER]	July 8, 2014	July 8, 2014 Docket
1 2:11-cv-00588	Complaint for Declaratory and Injunctive Relief	April 7, 2011	April 7, 2011 Complaint 2011 WL 1323319
30 2:11-cv-00588	Second Amended Complaint for Declaratory and Injunctive Relief	May 23, 2011	May 23, 2011 Complaint
65 2:11-cv-00588	Order on Motion for Class Certification and Motion for Preliminary Injunction	Sept. 28, 2011	Sept. 28, 2011 Order/Opinion 2011 WL 4502050
73 2:11-cv-00588	Preliminary Injunction	Oct. 24, 2011	Oct. 24, 2011 Order/Opinion
94 2:11-cv-00588	Order Granting Preliminary Approval of a Partial Class Action Settlement and Agreement on Attorneys' Fees	Nov. 1, 2013	Nov. 1, 2013 Order/Opinion

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/5069062/unthaksinkun-v-porter/

Last updated March 28, 2026, 5:50 a.m.

ECF Number	Date	Description	Link
1	April 7, 2011	COMPLAINT For Declaratory And Injunctive Relief against defendant(s) Douglas Porter (Receipt # 0981-2390211), filed by Rattiya Unthaksinkun.(Marks-Dias, Blake) (Entered: 04/07/2011)	RECAP
2	April 7, 2011	PRAECIPE TO ISSUE SUMMONS re 1 Complaint by Plaintiff Rattiya Unthaksinkun. (Marks-Dias, Blake) (Entered: 04/07/2011)	RECAP
3	April 7, 2011	MOTION for Preliminary Injunction Plaintiff's Motion For A Preliminary Injunction by Plaintiff Rattiya Unthaksinkun. Oral Argument Requested. Noting Date 4/29/2011, (Marks-Dias, Blake) (Entered: 04/07/2011)	RECAP
4	April 7, 2011	MOTION to Certify Class Plaintiff's Motion For Class Certification by Plaintiff Rattiya Unthaksinkun. Oral Argument Requested. Noting Date 4/29/2011, (Marks-Dias, Blake) (Entered: 04/07/2011)	RECAP
5	April 7, 2011	DECLARATION of Blake Marks-Dias in Support of Plaintiff's Motion for Class Certification filed by Plaintiff Rattiya Unthaksinkun re 4 MOTION to Certify Class Plaintiff's Motion For Class Certification (Marks-Dias, Blake) (Entered: 04/07/2011)	RECAP
6	April 7, 2011	DECLARATION of Michael Pierson in Support of Plaintiff's Motion for Class Certification filed by Plaintiff Rattiya Unthaksinkun re 4 MOTION to Certify Class Plaintiff's Motion For Class Certification (Marks-Dias, Blake) (Entered: 04/07/2011)	RECAP
7	April 7, 2011	DECLARATION of Rattiya Unthaksinkun in Support of Plaintiff's Motion for Preliminary Injunction and Class Certification filed by Plaintiff Rattiya Unthaksinkun re 4 MOTION to Certify Class Plaintiff's Motion For Class Certification, 3 MOTION for Preliminary Injunction Plaintiff's Motion For A Preliminary Injunction (Marks-Dias, Blake) (Entered: 04/07/2011)	RECAP
8	April 7, 2011	DECLARATION of Daniel Gross in Support of Plaintiff's Motion for Class Certification filed by Plaintiff Rattiya Unthaksinkun re 4 MOTION to Certify Class Plaintiff's Motion For Class Certification (Marks-Dias, Blake) (Entered: 04/07/2011)	RECAP
9	April 7, 2011	DECLARATION of Janet Varon in Support of Plaintiff's Motion for Class Certification filed by Plaintiff Rattiya Unthaksinkun re 4 MOTION to Certify Class Plaintiff's Motion For Class Certification (Marks-Dias, Blake) (Entered: 04/07/2011)	RECAP
10	April 7, 2011	PROPOSED ORDER (Unsigned) re 3 MOTION for Preliminary Injunction Plaintiff's Motion For A Preliminary Injunction Proposed Order Granting Plaintiff's Motion for a Preliminary Injunction (Marks-Dias, Blake) (Entered: 04/07/2011)	RECAP
11	April 7, 2011	PROPOSED ORDER (Unsigned) re 4 MOTION to Certify Class Plaintiff's Motion For Class Certification Proposed Order Granting Plaintiff's Motion for Class Certification (Marks-Dias, Blake) (Entered: 04/07/2011)	RECAP
12	April 8, 2011	CIVIL COVER SHEET re 1 Complaint ; filed by Plaintiff Rattiya Unthaksinkun.. (Marks-Dias, Blake) (Entered: 04/08/2011)	RECAP
	April 8, 2011	NOTICE to Filer of Deficiency: NO CIVIL COVER SHEET:Please post the Civil Cover Sheet using the event Civil Cover Sheet found in Other Documents and relate back to the Complaint. (RE)
	April 8, 2011	Judge James L. Robart added. (RE)
	April 8, 2011	Summons Issued as to defendant(s) Douglas Porter.(Summons sent via US Postal Service on 4/8/11) (RE)
13	April 13, 2011	NOTICE of Appearance by attorney Gail S Yu on behalf of Defendant Douglas Porter. (Yu, Gail) (Entered: 04/13/2011)	RECAP
14	April 13, 2011	NOTICE of Appearance by attorney Melissa A Burke-Cain on behalf of Defendant Douglas Porter. (Burke-Cain, Melissa) (Entered: 04/13/2011)	RECAP
15	April 13, 2011	NOTICE of Appearance by attorney Elizabeth Anna-Marie Baker on behalf of Defendant Douglas Porter. (Baker, Elizabeth) (Entered: 04/13/2011)	RECAP
16	April 25, 2011	ORDER REGARDING INITIAL DISCLOSURES, JOINT STATUS REPORT AND EARLY SETTLEMENT Joint Status Report due by 6/24/2011, FRCP 26f Conference Deadline is 6/10/2011, Initial Disclosure Deadline is 6/24/2011, by Judge James L. Robart. (CC) (Entered: 04/25/2011)	RECAP
17	April 28, 2011	Amended MOTION to Certify Class Plaintiff's Amended Motion For Class Certification by Plaintiff Rattiya Unthaksinkun. Oral Argument Requested. Noting Date 5/20/2011, (Marks-Dias, Blake) (Entered: 04/28/2011)	RECAP
18	April 28, 2011	AMENDED COMPLAINT For Declaratory And Injunctive Relief against defendant(s) All Plaintiffs, filed by Rattiya Unthaksinkun, Susan Ahmadi, Khaddouj Atif.(Marks-Dias, Blake) (Entered: 04/28/2011)	RECAP
19	April 28, 2011	Amended MOTION for Preliminary Injunction Plaintiffs' Amended Motion For A Preliminary Injunction by Plaintiffs Susan Ahmadi, Khaddouj Atif, Rattiya Unthaksinkun. Oral Argument Requested. Noting Date 5/20/2011, (Marks-Dias, Blake) (Entered: 04/28/2011)	RECAP
20	April 28, 2011	DECLARATION of Khaddouj Atif filed by Plaintiffs Susan Ahmadi, Khaddouj Atif, Rattiya Unthaksinkun re 17 Amended MOTION to Certify Class Plaintiff's Amended Motion For Class Certification, 19 Amended MOTION for Preliminary Injunction Plaintiffs' Amended Motion For A Preliminary Injunction (Marks-Dias, Blake) (Entered: 04/28/2011)	RECAP
21	April 28, 2011	DECLARATION of Susan Ahmadi filed by Plaintiffs Susan Ahmadi, Khaddouj Atif, Rattiya Unthaksinkun re 17 Amended MOTION to Certify Class Plaintiff's Amended Motion For Class Certification, 19 Amended MOTION for Preliminary Injunction Plaintiffs' Amended Motion For A Preliminary Injunction (Marks-Dias, Blake) (Entered: 04/28/2011)	RECAP
22	April 28, 2011	Second DECLARATION of Janet Varon filed by Plaintiffs Susan Ahmadi, Khaddouj Atif, Rattiya Unthaksinkun re 17 Amended MOTION to Certify Class Plaintiff's Amended Motion For Class Certification, 19 Amended MOTION for Preliminary Injunction Plaintiffs' Amended Motion For A Preliminary Injunction (Marks-Dias, Blake) (Entered: 04/28/2011)	RECAP
23	April 29, 2011	WITHDRAWAL of Motion re 4 MOTION to Certify Class Plaintiff's Motion For Class Certification, 3 MOTION for Preliminary Injunction Plaintiff's Motion For A Preliminary Injunction ; by Plaintiffs Susan Ahmadi, Khaddouj Atif, Rattiya Unthaksinkun. (Marks-Dias, Blake) (Entered: 04/29/2011)	RECAP
24	May 3, 2011	ERRATA re 22 Declaration, Errata to the Second Declaration of Janet Varon In Support of Plaintiffs Motions For Class Certification And Preliminary Injunction by Plaintiffs Susan Ahmadi, Khaddouj Atif, Rattiya Unthaksinkun. (Marks-Dias, Blake) (Entered: 05/03/2011)	RECAP
25	May 11, 2011	ANSWER to 18 Amended Complaint by Douglas Porter.(Yu, Gail) Modified on 5/11/2011 (JJT). (Entered: 05/11/2011)	RECAP
	May 11, 2011	NOTICE of Docket Text Modification re 25 Answer to Complaint : Changed reference to Complaint to Reference to Amended Complaint. (JJT)
26	May 16, 2011	NOTICE of Appearance by attorney William G Clark on behalf of Defendant Douglas Porter. (Clark, William) (Entered: 05/16/2011)	RECAP
27	May 16, 2011	MOTION for Extension of Time by Defendant Douglas Porter. (Attachments: # 1 Proposed Order) Noting Date 5/16/2011, (Yu, Gail) (Entered: 05/16/2011)	RECAP
28	May 16, 2011	DECLARATION of Gail Yu filed by Defendant Douglas Porter re 27 MOTION for Extension of Time (Yu, Gail) (Entered: 05/16/2011)	RECAP
29	May 23, 2011	STIPULATION Regarding Scheduling and Other Matters by parties. (Marks-Dias, Blake) (Entered: 05/23/2011)	RECAP
30	May 23, 2011	Second AMENDED COMPLAINT For Declaratory And Injunctive Relief against defendant(s) Susan Ahmadi, Khaddouj Atif, Rattiya Unthaksinkun, Anna Sergeyevna Ponomareva, S.J., filed by Anna Sergeyevna Ponomareva, S.J..(Marks-Dias, Blake) (Entered: 05/23/2011)	RECAP
31	May 23, 2011	Second MOTION to Certify Class Plaintiff's Second Amended Motion for Class Certification by Plaintiffs Susan Ahmadi, Khaddouj Atif, Anna Sergeyevna Ponomareva, S.J., Rattiya Unthaksinkun. Oral Argument Requested. Noting Date 6/10/2011, (Marks-Dias, Blake) (Entered: 05/23/2011)	RECAP
32	May 23, 2011	Second MOTION for Preliminary Injunction Plaintiffs' Second Amended Motion For A Preliminary Injunction by Plaintiffs Susan Ahmadi, Khaddouj Atif, Anna Sergeyevna Ponomareva, S.J., Rattiya Unthaksinkun. Oral Argument Requested. Noting Date 6/10/2011, (Marks-Dias, Blake) (Entered: 05/23/2011)	RECAP
33	May 23, 2011	DECLARATION of Charles Edward Ortego filed by Plaintiffs Susan Ahmadi, Khaddouj Atif, Anna Sergeyevna Ponomareva, S.J., Rattiya Unthaksinkun re 31 Second MOTION to Certify Class Plaintiff's Second Amended Motion for Class Certification, 32 Second MOTION for Preliminary Injunction Plaintiffs' Second Amended Motion For A Preliminary Injunction (Marks-Dias, Blake) (Entered: 05/23/2011)	RECAP
34	May 23, 2011	DECLARATION of S.J. filed by Plaintiffs Susan Ahmadi, Khaddouj Atif, Anna Sergeyevna Ponomareva, S.J., Rattiya Unthaksinkun re 31 Second MOTION to Certify Class Plaintiff's Second Amended Motion for Class Certification, 32 Second MOTION for Preliminary Injunction Plaintiffs' Second Amended Motion For A Preliminary Injunction (Marks-Dias, Blake) (Entered: 05/23/2011)	RECAP
35	May 23, 2011	DECLARATION of Anna Sergeyevna Ponomareva filed by Plaintiffs Susan Ahmadi, Khaddouj Atif, Anna Sergeyevna Ponomareva, S.J., Rattiya Unthaksinkun re 31 Second MOTION to Certify Class Plaintiff's Second Amended Motion for Class Certification, 32 Second MOTION for Preliminary Injunction Plaintiffs' Second Amended Motion For A Preliminary Injunction (Marks-Dias, Blake) (Entered: 05/23/2011)	RECAP
36	May 24, 2011	PRAECIPE to attach document re 33 Declaration, by Plaintiffs Susan Ahmadi, Khaddouj Atif, Anna Sergeyevna Ponomareva, S.J., Rattiya Unthaksinkun. (Marks-Dias, Blake) (Entered: 05/24/2011)	RECAP
37	May 25, 2011	MOTION for Leave to File Excess Pages by Defendant Douglas Porter. (Attachments: # 1 Proposed Order) Noting Date 5/25/2011, (Yu, Gail) (Entered: 05/25/2011)	RECAP
38	May 31, 2011	RESPONSE, by Defendant Douglas Porter, to 32 Second MOTION for Preliminary Injunction Plaintiffs' Second Amended Motion For A Preliminary Injunction. (Attachments: # 1 Appendix)(Yu, Gail) (Entered: 05/31/2011)	RECAP
39	May 31, 2011	DECLARATION of Preston Cody filed by Defendant Douglas Porter re 32 Second MOTION for Preliminary Injunction Plaintiffs' Second Amended Motion For A Preliminary Injunction (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Yu, Gail) (Entered: 05/31/2011)	RECAP
40	May 31, 2011	DECLARATION of Jenny Hamilton filed by Defendant Douglas Porter re 32 Second MOTION for Preliminary Injunction Plaintiffs' Second Amended Motion For A Preliminary Injunction (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Yu, Gail) (Entered: 05/31/2011)	RECAP
41	May 31, 2011	DECLARATION of Robert Longhorn filed by Defendant Douglas Porter re 32 Second MOTION for Preliminary Injunction Plaintiffs' Second Amended Motion For A Preliminary Injunction (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Yu, Gail) (Entered: 05/31/2011)	RECAP
42	May 31, 2011	DECLARATION of Christy Vaughn filed by Defendant Douglas Porter re 32 Second MOTION for Preliminary Injunction Plaintiffs' Second Amended Motion For A Preliminary Injunction (Yu, Gail) (Entered: 05/31/2011)	RECAP
43	May 31, 2011	DECLARATION of Cindy McKinzie filed by Defendant Douglas Porter re 32 Second MOTION for Preliminary Injunction Plaintiffs' Second Amended Motion For A Preliminary Injunction (Yu, Gail) (Entered: 05/31/2011)	RECAP
44	May 31, 2011	RESPONSE, by Defendant Douglas Porter, to 31 Second MOTION to Certify Class Plaintiff's Second Amended Motion for Class Certification. (Yu, Gail) (Entered: 05/31/2011)	RECAP
45	June 6, 2011	ANSWER to 30 Amended Complaint by Douglas Porter.(Yu, Gail) (Entered: 06/06/2011)	RECAP
46	June 10, 2011	REPLY, filed by Plaintiffs Susan Ahmadi, Khaddouj Atif, Anna Sergeyevna Ponomareva, S.J., Rattiya Unthaksinkun, TO RESPONSE to 32 Second MOTION for Preliminary Injunction Plaintiffs' Second Amended Motion For A Preliminary Injunction (Marks-Dias, Blake) (Entered: 06/10/2011)	RECAP
47	June 10, 2011	Third DECLARATION of Daniel Gross filed by Plaintiffs Susan Ahmadi, Khaddouj Atif, Anna Sergeyevna Ponomareva, S.J., Rattiya Unthaksinkun re 32 Second MOTION for Preliminary Injunction Plaintiffs' Second Amended Motion For A Preliminary Injunction (Marks-Dias, Blake) (Entered: 06/10/2011)	RECAP
48	June 10, 2011	DECLARATION of Jorge L. Baron filed by Plaintiffs Susan Ahmadi, Khaddouj Atif, Anna Sergeyevna Ponomareva, S.J., Rattiya Unthaksinkun re 32 Second MOTION for Preliminary Injunction Plaintiffs' Second Amended Motion For A Preliminary Injunction (Marks-Dias, Blake) (Entered: 06/10/2011)	RECAP
49	June 10, 2011	DECLARATION of Aaron Katz filed by Plaintiffs Susan Ahmadi, Khaddouj Atif, Anna Sergeyevna Ponomareva, S.J., Rattiya Unthaksinkun re 32 Second MOTION for Preliminary Injunction Plaintiffs' Second Amended Motion For A Preliminary Injunction (Marks-Dias, Blake) (Entered: 06/10/2011)	RECAP
50	June 10, 2011	REPLY, filed by Plaintiffs Susan Ahmadi, Khaddouj Atif, Anna Sergeyevna Ponomareva, S.J., Rattiya Unthaksinkun, TO RESPONSE to 31 Second MOTION to Certify Class Plaintiff's Second Amended Motion for Class Certification (Marks-Dias, Blake) (Entered: 06/10/2011)	RECAP
51	June 10, 2011	DECLARATION of Abigail Pico filed by Plaintiffs Susan Ahmadi, Khaddouj Atif, Anna Sergeyevna Ponomareva, S.J., Rattiya Unthaksinkun re 31 Second MOTION to Certify Class Plaintiff's Second Amended Motion for Class Certification (Marks-Dias, Blake) (Entered: 06/10/2011)	RECAP
52	June 21, 2011	MOTION to Expedite Plaintiffs' Unopposed Motion for Expedited Hearing by Plaintiffs Susan Ahmadi, Khaddouj Atif, Anna Sergeyevna Ponomareva, S.J., Rattiya Unthaksinkun. (Attachments: # 1 Proposed Order) Noting Date 6/21/2011, (Marks-Dias, Blake) (Entered: 06/21/2011)	RECAP
53	June 24, 2011	JOINT STATUS REPORT signed by all parties estimated Trial Days: 10. Filed by Defendant Douglas Porter.(Baker, Elizabeth) (Entered: 06/24/2011)	RECAP
54	June 27, 2011	ORDER granting 27 Defendant's Motion for Extension of Time and for amended response schedule by Judge James L. Robart.(MD) (Entered: 06/27/2011)	RECAP
55	June 27, 2011	ORDER granting 37 Defendant's Motion for Leave to File Excess Pages by Judge James L. Robart.(MD) (Entered: 06/27/2011)	RECAP
56	June 27, 2011	ORDER denying 52 Plaintiffs' Motion to Expedite hearing by Judge James L. Robart.(MD) (Entered: 06/27/2011)	RECAP
57	July 5, 2011	SUPPLEMENT re 44 Response to Motion by Defendant Douglas Porter. (Attachments: # 1 Supplement)(Yu, Gail) (Entered: 07/05/2011)	RECAP
58	July 12, 2011	MINUTE ORDER SETTING TRIAL DATE AND RELATED DATES, AND DESIGNATING CASE FOR MEDIATION; Length of Trial: 6 days. Mediation shall be completed no later than thirty (30) days prior to the trial date. Bench Trial is set for 4/30/2012 at 01:30 PM before Judge James L. Robart. Joinder of Parties due by 8/9/2011, Amended Pleadings due by 11/2/2011, Expert Witness Disclosure/Reports under FRCP 26(a)(2) due by 11/2/2011, Motions due by 12/2/2011, Discovery completed by 1/3/2012, Dispositive motions due by 1/31/2012, Settlement conference to be held by 3/1/2012, 39.1 mediation to be completed by 4/2/2012, Motions in Limine due by 3/26/2012, Pretrial Order due by 4/11/2012, Pretrial Conference set for 4/16/2012 at 02:30 PM before Judge James L. Robart. Trial briefs to be submitted by 4/23/2012, Proposed Findings of Fact and Conclusions of Law to be submitted by 4/23/2012, by Judge James L. Robart. (CC) (Entered: 07/12/2011)	RECAP
	July 25, 2011	Set/Reset Hearings: Oral argument for the Second Motion for Class Certification (Dkt. #31) and Second Motion for Preliminary Injunction (Dkt. #32) is scheduled Friday, August 12, 2011 at 11:00 a.m. before Hon. James L. Robart.(CC)
59	Aug. 10, 2011	STIPULATION AND PROPOSED ORDER Agreed Protective Order by parties. (Marks-Dias, Blake) (Entered: 08/10/2011)	RECAP
60	Aug. 10, 2011	SUPPLEMENT re 38 Response to Motion for Preliminary Injunction by Defendant Douglas Porter. (Attachments: # 1 Supplement Attachment)(Yu, Gail) (Entered: 08/10/2011)	RECAP
61	Aug. 11, 2011	NOTICE OF WITHDRAWAL OF COUNSEL: Attorney Elizabeth Anna-Marie Baker for Defendant Douglas Porter. (Baker, Elizabeth) (Entered: 08/11/2011)	RECAP
62	Aug. 12, 2011	MINUTE ENTRY for proceedings held before Judge James L. Robart- Dep Clerk: Casey Condon; Pla Counsel: Blake Marks-Dias, Daniel Gross, Janet Baron; Def Counsel: Gail Yu, Melissa Burke-Cain; CR: Nancy Bauer; Motion Hearing held on 8/12/2011. The court hears argument from counsel on pending motions. The court takes the matter under advisement. (CC) (Entered: 08/12/2011)	RECAP
63	Aug. 18, 2011	STIPULATION AND PROTECTIVE ORDER by Judge James L. Robart. (MD) (Entered: 08/18/2011)	RECAP
64	Sept. 15, 2011	NOTICE of Unavailability of counsel Gail S Yu for Defendant Douglas Porter from October 7, 2011 to October 16, 2011. (Yu, Gail) (Entered: 09/15/2011)	RECAP
65	Sept. 28, 2011	ORDER granting in part and denying in part 31 Plaintiffs Second Motion to Certify Class; granting in part and denying in part 32 Plaintiffs Second Motion for Preliminary Injunction by Judge James L. Robart.(MD)	RECAP
66	Oct. 7, 2011	MOTION for Extension of Time by Defendant Douglas Porter. (Attachments: # 1 Proposed Order) Noting Date 10/21/2011, (Yu, Gail) (Entered: 10/07/2011)	RECAP
67	Oct. 7, 2011	DECLARATION of GAIL S. YU filed by Defendant Douglas Porter re 66 MOTION for Extension of Time (Yu, Gail) (Entered: 10/07/2011)	RECAP
68	Oct. 12, 2011	PROPOSED ORDER (Unsigned) Preliminary Injunction Order. (Marks-Dias, Blake) (Entered: 10/12/2011)	RECAP
69	Oct. 12, 2011	Letter from Blake Marks-Dias re 68 Proposed Order (Unsigned). (Marks-Dias, Blake) (Entered: 10/12/2011)	RECAP
70	Oct. 13, 2011	EXHIBIT Exhibits 1-4 to Proposed Preliminary Injunction Order re 68 Proposed Order (Unsigned) by Plaintiffs Susan Ahmadi, Khaddouj Atif, Anna Sergeyevna Ponomareva, S.J., Rattiya Unthaksinkun. (Attachments: # 1 Exhibit Exhibit 2, # 2 Exhibit Exhibit 3, # 3 Exhibit Exhibit 4)(Marks-Dias, Blake) (Entered: 10/13/2011)	RECAP
71	Oct. 21, 2011	ORDER granting 66 Defendant's Motion for Extension of Time to submit proposed orders implementing the Court's Sept 28, 2011 ruling shall be continued to Oct 21, 2011, by Judge James L. Robart.(MD) (Entered: 10/21/2011)	RECAP
72	Oct. 21, 2011	PROPOSED ORDER (Unsigned) Preliminary Injunction. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Yu, Gail) (Entered: 10/21/2011)	RECAP
73	Oct. 24, 2011	PRELIMINARY INJUNCTION by Judge James L. Robart. (MD) (Entered: 10/24/2011)	RECAP
74	Jan. 3, 2012	NOTICE of Designation of Mediator ; filed by Plaintiffs Susan Ahmadi, Khaddouj Atif, Anna Sergeyevna Ponomareva, S.J., Rattiya Unthaksinkun. (Marks-Dias, Blake) (Entered: 01/03/2012)	RECAP
75	Jan. 23, 2012	NOTICE of Unavailability of counsel Gail S Yu for Defendant Douglas Porter from 01/28/12 to 02/05/12. (Yu, Gail) (Entered: 01/23/2012)	RECAP
76	Jan. 30, 2012	STIPULATION AND PROPOSED ORDER Regarding Case Schedule by parties re 58 Minute Order Setting Trial Date and Related Dates,,,. (Marks-Dias, Blake) (Entered: 01/30/2012)	RECAP
77	Jan. 30, 2012	STIPULATION AND ORDER re 76 Stipulation regarding case schedule filed by Rattiya Unthaksinkun, S.J., Susan Ahmadi, Anna Sergeyevna Ponomareva, Khaddouj Atif by Judge James L. Robart. (MD) (Entered: 01/31/2012)	RECAP
	Feb. 8, 2012	Set/Reset Deadlines/Set/Reset Hearings: A status conference is scheduled Tuesday, May 29, 2012 at 2:00 p.m. before Hon. James L. Robart. Counsel shall file a joint status report by Tuesday, May 22, 2012.(CC)
78	Feb. 10, 2012	NOTICE of Unavailability of counsel Melissa A Burke-Cain for Defendant Douglas Porter from 2/14/2012 to 2/20/2012. (Burke-Cain, Melissa) (Entered: 02/10/2012)	RECAP
79	May 22, 2012	JOINT STATUS REPORT signed by all parties estimated Trial Days: 5.. (Yu, Gail) (Entered: 05/22/2012)	RECAP
80	May 23, 2012	NOTICE of Stricken Hearing. The Status Conference scheduled Tuesday, May 29, 2012 is stricken. (CC) (Entered: 05/23/2012)	RECAP
	May 23, 2012	Set/Reset Deadlines & Hearings: A status conference is scheduled Friday, September 14, 2012 at 11:00 a.m. before Hon. James L. Robart. Counsel shall file a joint status report by Friday, September 7, 2012. (CC)
81	May 24, 2012	MINUTE ORDER SETTING TRIAL DATE AND RELATED DATES, AND DESIGNATING CASE FOR MEDIATION; Length of Trial: 5 days. Mediation shall be completed no later than thirty (30) days prior to the trial date. Bench Trial is set for 8/19/2013 at 01:30 PM before Judge James L. Robart. Joinder of Parties due by 8/9/2011, Amended Pleadings due by 11/21/2011, Expert Witness Disclosure/Reports under FRCP 26(a)(2) due by 2/20/2013, Motions due by 3/22/2013, Discovery completed by 4/22/2013, Dispositive motions due by 5/21/2013, Settlement conference to be held by 6/20/2013, 39.1 mediation to be completed by 7/22/2013, Motions in Limine due by 7/15/2013, Pretrial Order due by 7/31/2013, Pretrial Conference set for 8/5/2013 at 02:00 PM before Judge James L. Robart. Trial briefs to be submitted by 8/12/2013, Proposed Findings of Fact and Conclusions of Law to be submitted by 8/12/2013, by Judge James L. Robart. (CC) (Entered: 05/24/2012)	RECAP
82	Sept. 6, 2012	NOTICE of Stricken Hearing. The status conference scheduled Friday, Sept. 14, 2012 at 11:00 a.m. is stricken. (CC) (Entered: 09/06/2012)	RECAP
83	Sept. 6, 2012	JOINT STATUS REPORT signed by all parties estimated Trial Days: 5.. (Yu, Gail) (Entered: 09/06/2012)	RECAP
	Oct. 19, 2012	Set/Reset Hearings: A Telephone Conference is scheduled Tuesday, October 23, 2012 at 2:00 p.m. before Hon. James L. Robart. The clerk will initiate the call.(CC)
84	Oct. 23, 2012	MINUTE ENTRY for proceedings held before Judge James L. Robart- Dep Clerk: Casey Condon; Pla Counsel: Blake Marks-Dias; Def Counsel: Gail Yu; Telephone Conference held on 10/23/2012. Trial date remains set for August 19, 2013. The court directs counsel to submit a Joint Status Report by March 15, 2013. (CC) (Entered: 10/23/2012)	RECAP
85	March 15, 2013	JOINT STATUS REPORT signed by all parties estimated Trial Days: 5.. (Yu, Gail) (Entered: 03/15/2013)	RECAP
86	April 4, 2013	MINUTE ORDER SETTING TRIAL DATE AND RELATED DATES, AND DESIGNATING CASE FOR MEDIATION; Length of Trial: 5 days. Mediation shall be completed no later than thirty (30) days prior to the trial date. Bench Trial is set for 8/11/2014 at 01:30 PM before Judge James L. Robart. Joinder of Parties due by 8/9/2011, Amended Pleadings due by 11/21/2011, Expert Witness Disclosure/Reports under FRCP 26(a)(2) due by 2/12/2014, Motions due by 3/14/2014, Discovery completed by 4/14/2014, Dispositive motions due by 5/13/2014, Settlement conference to be held by 6/12/2014, Motions in Limine due by 6/30/2014, Pretrial Order due by 7/23/2014, Pretrial Conference set for 7/28/2014 at 02:00 PM before Judge James L. Robart. Trial briefs to be submitted by 8/4/2014, Proposed Findings of Fact and Conclusions of Law to be submitted by 8/4/2014, by Judge James L. Robart. (CC) (Entered: 04/04/2013)	RECAP
87	Oct. 4, 2013	MOTION for Attorney Fees Motion for Preliminary Approval of a Partial Class Action Settlement and Agreement on Attorneys' Fees by Plaintiffs Susan Ahmadi, Khaddouj Atif, Anna Sergeyevna Ponomareva, S.J., Rattiya Unthaksinkun. (Attachments: # 1 Proposed Order) Noting Date 10/25/2013, (Marks-Dias, Blake) (Entered: 10/04/2013)	RECAP
88	Oct. 4, 2013	DECLARATION of Blake Marks-Dias filed by Plaintiffs Susan Ahmadi, Khaddouj Atif, Anna Sergeyevna Ponomareva, S.J., Rattiya Unthaksinkun re 87 MOTION for Attorney Fees Motion for Preliminary Approval of a Partial Class Action Settlement and Agreement on Attorneys' Fees (Marks-Dias, Blake) (Entered: 10/04/2013)	RECAP
89	Oct. 4, 2013	DECLARATION of Daniel Gross filed by Plaintiffs Susan Ahmadi, Khaddouj Atif, Anna Sergeyevna Ponomareva, S.J., Rattiya Unthaksinkun re 87 MOTION for Attorney Fees Motion for Preliminary Approval of a Partial Class Action Settlement and Agreement on Attorneys' Fees (Marks-Dias, Blake) (Entered: 10/04/2013)	RECAP
90	Oct. 4, 2013	DECLARATION of Janet Varon filed by Plaintiffs Susan Ahmadi, Khaddouj Atif, Anna Sergeyevna Ponomareva, S.J., Rattiya Unthaksinkun re 87 MOTION for Attorney Fees Motion for Preliminary Approval of a Partial Class Action Settlement and Agreement on Attorneys' Fees (Marks-Dias, Blake) (Entered: 10/04/2013)	RECAP
91	Oct. 4, 2013	DECLARATION of Preston Cody filed by Plaintiffs Susan Ahmadi, Khaddouj Atif, Anna Sergeyevna Ponomareva, S.J., Rattiya Unthaksinkun re 87 MOTION for Attorney Fees Motion for Preliminary Approval of a Partial Class Action Settlement and Agreement on Attorneys' Fees (Marks-Dias, Blake) (Entered: 10/04/2013)	RECAP
92	Oct. 4, 2013	NOTICE of Unavailability of counsel Gail S Yu for Defendant Douglas Porter from 10/7/2013 to 10/22/2013. (Yu, Gail) (Entered: 10/04/2013)	RECAP

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Case Details

State / Territory:

Washington

Case Type(s):

Immigration and/or the Border

Healthcare Access and Reproductive Issues

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: April 7, 2011

Closing Date: July 8, 2014

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiffs are legal immigrants who were excluded from state medical health care coverage.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

State

Washington State Health Care Authority

Case Details

Causes of Action:

42 U.S.C. § 1983

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

Constitutional Clause(s):

Due Process

Equal Protection

Other Dockets:

Western District of Washington 2:11-cv-00588

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

Preliminary injunction / Temp. restraining order

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Preliminary relief granted

Amount Defendant Pays: $264,000

Issues

General/Misc.:

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

Benefits (Source):

Medicaid

Discrimination Basis:

Immigration status

Immigration/Border:

Status/Classification

Medical/Mental Health Care:

Medical care, general

Recommended Citation

Case Summary of Unthaksinkun v. Porter, Civil Rights Litig. Clearinghouse, http://www.dev.clearinghouse.net/case/12831/ (last updated 7/5/2020).