U.S. District Court
U.S. District of Minnesota (DMN)
Civil Docket for Case #: 0:09-cv-01775-DWF-BRT
Jensen et al v. Minnesota Department of Human Services et al
Assigned to: Judge Donovan W. Frank
Referred to: Magistrate Judge Becky R. Thorson
Date Filed: 07/10/2009
Plaintiffs
James and Lori Jensen on behalf of their son, Bradley J. Jensen
James Brinker and Darren Allen on behalf of their son, Thomas Allbrink
Elizabeth Jacobs on behalf of her son, Jason Jacobs
And other plaintiffs similarly situated
Plaintiff Attorneys
Plaintiffs were represented by Shamus P. O'Meara and Mark R. Azman, both of O'Meara Leer Wagner & Kohl, P.A., a law firm based in Minneapolis, MN. Margaret A. Santos of Hinshaw & Culbertson, LLP, also represented the plaintiffs, but not through the entire case.
Defendants
The Minnesota Department of Human Services, an agency of the State of Minnesota
Doug Bratvold, former director of The Minnesota Extended Treatment Options (METO)
Scott TenNapel, former clinical director of The Minnesota Extended Treatment Options (METO)
Defendant Attorneys
The defendants were represented by the Minnesota Attorney General's Office.
What was the case about?
The plaintiffs in this case brought a lawsuit against agencies in Minnesota because they believed their family members were being maltreated at METO, which stands for The Minnesota Extended Treatment Options program, in Cambridge, MN. METO was intended to serve people with developmental disabilities. It was alleged that METO residents were unlawfully and unconstitutionally secluded and restrained. The lawsuit was based, in part, on a report submitted by the Ombudsman's Office for Mental Health and Developmental Disabilities, called "Just Plain Wrong," which concluded that some of the people within the METO system were being denied their constitutional right to live in a safe and humane living environment, free of unnecessary restraints, abuse, and neglect.
Why did the plaintiffs end up settling the case?
Rather than take the case to trial, the plaintiffs negotiated a Settlement Agreement that would help all people with disabilities in Minnesota, not just their own family members. The Settlement Agreement demanded that METO be shut down, that the State update its rules about how they treated people with developmental disabilities, and that a Rule 40 Committee and an Olmstead Committee be created to make sure that updated policies were applied system-wide.
The Jensen Settlement Agreement also spelled out specific principles to be followed, such as: Olmstead's "most integrated setting standard," person centered planning, positive behavioral supports, and the legislative intent to declare as a top concern, the safety and quality of life of people with developmental disabilities. The Jensen Settlement Agreement, as it came to be called, was a significant disability rights decision in Minnesota.
What are all the links I see here, and where do they take me?
Provided here are links to selected court documents of Jensen et al v. Minnesota Dept. of Human Services et al. You can see everything from the original Complaint filed in 2009 to the Court Orders, Hearing Notices, initial Settlement Agreements, and finally, the completed Settlement Agreement that was approved by the Judge on December 5, 2011. This section will be updated until the case ends.
| Date Filed | # | Docket Text |
| 07/10/2009 | 1 | COMPLAINT against all defendants (Filing fee $350 receipt number 3-005937) assigned to Judge Donovan W. Frank per Civil Rights referred to Magistrate Judge Franklin L. Noel, filed by James Jensen, Lorie Jensen. (Attachments: # 1 Exhibit 1 Part A, # 2 Exhibit 1 Part B, # 3 Exhibit 1 Part C.1, # 4 Exhibit 1 Part C.2, # 5 Exhibit 1 Part D) (VEM) (Additional attachment(s) added on 7/13/2009: # 6 Civil Cover Sheet) (vem). (Entered: 07/13/2009) |
| 07/30/2009 | 3 | AMENDED COMPLAINT against Douglas Bratvold, Clinical Director, Director, Minnesota Department of Human Services, Minnesota, State of, Scott TenNapel, filed by James Jensen, Lorie Jensen. (Attachments: # 1 Exhibit(s) 1-A, # 2 Exhibit(s) 1-B, # 3 Exhibit(s) 1-C.1, # 4 Exhibit(s) 1-C.2, # 5 Exhibit(s) 1-D, # 6 Exhibit(s) 2, # 7 Exhibit(s) 3, # 8 Exhibit(s) 4, # 9 Exhibit(s) 5) (Azman, Mark) (Entered: 07/30/2009) |
| 03/08/2010 | 16 | ORDER. 1. The Defendants shall submit a detailed draft settlement agreement to the Plaintiffs by April 2, 2010. 2. The Plaintiffs shall submit a detailed response to the Defendants' settlement documents no later than April 14, 2010. 3. The parties are respectfully directed to contact Magistrate Judge Franklin L. Noel's Calendar Clerk, Cathy Orlando, at 612-664-5110, for the purpose of setting up a settlement conference to discuss potential resolution of the case before the Court as well as the necessity, if any, of temporary injunctive relief, absent stipulation of the parties. 3. The settlement discussions shall include the development of a consent decree-settlement agreement to resolve some or all of the issues before the Court. Signed by Judge Donovan W. Frank on 3/8/2010. (BJS) (Entered: 03/08/2010) |
| 06/23/2011 | 102 | HEARING ORDER. See Order for details. Signed by Judge Donovan W. Frank on 6/23/2011. (BJS) (Entered: 06/23/2011) |
| 06/23/2011 | 103 | LETTER TO DISTRICT JUDGE by Darren Allen, James Brinker, Elizabeth Jacobs, James Jensen, Lorie Jensen Letter to The Honorable Donovan Frank. (O'Meara, Shamus) (Entered: 06/23/2011) |
| 06/23/2011 | 104 | SETTLEMENT AGREEMENT Stipulated Class Action Settlement Agreement by James Brinker, James Jensen, Elizabeth Jacobs, Darren Allen, Lorie Jensen. (Attachments: # 1 Attachment A, # 2 Attachments B and D, # 3 Attachment C, # 4 Exhibit 1, # 5 Exhibit 2, # 6 Exhibit 3, # 7 Exhibit 4, # 8 Exhibit 5) (O'Meara, Shamus) Modified text on 6/27/2011 (akl). (Entered: 06/23/2011) |
| 07/22/2011 | 111 | ORDER. 1. Pursuant to Fed. R. Civ. P. 17(c) 2, the discretion provided this Court under the Class Action Settlement Agreement, and pursuant to the inherent equitable authority of this Court, the Court hereby orders that each guardian, conservator, or other individual with existing legal authority to act on behalf of any individual identified as a class member in this litigation, is hereby authorized and appointed by this Court to review with and explain to the class member and any other legal representative of the class member, the Notice and class action settlement agreement documents mailed to them by Settlement Class Counsel. That said person with legal authority is further authorized to execute and submit the Claim Form necessary for the class member to be included in the Court's determination of the apportionment of the settlement payment under the settlement agreement, or to execute and submit the Request for Exclusion (Opt Out) form in order to be excluded from the class action settlement and any portion of the settlement payment. See Order for additional information. Signed by Judge Donovan W. Frank on 7/22/2011. (BJS) (Entered: 07/22/2011) |
| 09/09/2011 | 121 | ORDER. The deadline for submitting a Claim Form to share in any settlement payments shall be extended from September 15, 2011, to October 15, 2011. Signed by Judge Donovan W. Frank on 9/9/2011. (BJS) (Entered: 09/09/2011) |
| 11/03/2011 | 126 | *TEXT ONLY ENTRY* NOTICE of Setting Hearing: Status Conference set for 11/7/2011 02:00 PM in Judge's Chambers, Suite 724 (STP) before Judge Donovan W. Frank. (BJS) (Entered: 11/03/2011) |
| 11/17/2011 | 129 | ORDER. The above referenced matter came before this Court for a status conference. All parties appeared through counsel of record. After reviewing this matter with counsel and considering all submissions, the Court hereby issues the following: The Stipulated Class Action Settlement Agreement [Doc. No. 104] at Section XVII(F) provides that "[a]fter the Court has an opportunity to discuss the Settlement with any individual who returns a Request for Exclusion ("Opt-Out"), the Court will ascertain the final list of Opt-Outs and provide the final list to the parties." The Court has discussed the Settlement with the guardians for several former METO residents who returned a Request for Exclusion form. The Court also has substantively discussed the Notice process with all counsel and has received regular updates concerning the Notice process from Settlement Class Counsel with copies to all counsel. Based on these discussions and all submissions herein, the Court determines and orders that the Final List of Opt-Outs are those individuals identified in Exhibit 1 to this Order. (See Order for additional details.) Signed by Judge Donovan W. Frank on 11/17/2011. (Attachment(s): # 1 Placeholder for Final List of Opt-Outs, # 2 Placeholder for Untimely Opt-Outs). (BJS) (Entered: 11/17/2011) |
| 12/05/2011 | 136 | FINAL APPROVAL ORDER FOR STIPULATED CLASS ACTION SETTLEMENT AGREEMENT granting 122 Motion for Approval of Settlement; granting 122 Motion for Attorney Fees. 1. Plaintiffs' Petition for Final Approval of Stipulated Class Action Settlement Agreement (Doc. No. 104 ), and Application for Attorneys' Fees and Costs (Doc. No. 122 ) is hereby GRANTED. Signed by Judge Donovan W. Frank on 12/5/2011. (Attachments: # 1 Exhibit(s) A) (BJS) (Written Opinion) Modified on 3/7/2012 (TSS). (Entered: 12/05/2011) |
| 01/30/2012 | 140 | ORDER. The settlement amounts pursuant to the Settlement Agreement shall be paid consistent with the amounts specified in the attached sealed schedule identified as Final Order Exhibit B. Final Order Exhibit B shall be sealed except to the extent each individual apportioned amount shall be disclosed to the Class Member being awarded that amount. (See Order for additional details.). Signed by Judge Donovan W. Frank on 1/30/2012. (Attachments: # 1 Exhibit(s) B) (BJS) (Written Opinion) UNREDACTED VERSION of Exhibit B FILED CONVENTIONALLY UNDER SEAL. RECIEVED IN CLERK'S OFFICE on 01/30/2012. (TSS) Modified on 3/7/2012 (TSS). (Entered: 01/30/2012) |
| 02/14/2012 | 141 | ORDER AND MEMORANDUM. 1. Use of Funds. The Court respectfully directs that the legal guardians or conservators for the Class Members communicate to each Class Member his or her entitlement to settlement funds. This communication shall include a discussion with the Class Member of those recreational activities and items that would add to the quality of life of the Class Member in order to respect and honor the interests and preferences of each Class Member. As intended by the Settlement Agreement, the settlement funds shall not be used for any residential costs of care. If a portion of the settlement funds is to be utilized for a prepaid funeral or burial plot, an equivalent amount of the funds shall be utilized to improve the quality of life of the Class Member, given that the receipt of the funds will not in any manner jeopardize the eligibility of the Class Member for disability benefits or related services or grants. (See Doc. No. 136 7.) 2. Distribution. The Court respectfully directs the Department of Human Services to use all available communication methods and tools to provide information about the Settlement Agreement in this case, including this Order and Memorandum, to all county social services directors, case managers, providers, guardians, and advocacy groups. These communication tools shall include, but not be limited to, an information bulletin, the DHS monthly newsletter, several places on the DHS website, as well as the DHS listservs that reach anyone affected by the Settlement Agreement. 3. The attached Memorandum is made a part hereof. Signed by Judge Donovan W. Frank on 2/14/2012. (BJS) (Written Opinion) Modified on 3/7/2012 (TSS). (Entered: 02/14/2012) |
| 04/23/2012 | 144 | ORDER 1. Solely to the extent necessary to maintain Class Members' eligibility for governmental benefits, including but not limited to Social Security benefits, the apportioned settlement funds to each Class Member shall be considered a blocked account or conservatorship account consistent with applicable Social Security regulations, applicable Social Security Administration guidance, including Program Operating Manual System (POMS) SI 01140.215, the decision of Navarro by Navarro v. Sullivan, 751 F. Supp. 349 (E.D.N.Y. 1990), and other applicable law, including this Courts broad equitable powers to render complete justice, see Crawford, et al. v. Janklow, et al., 733 F.2d 541, 542 (8th Cir. 1984); see also White ex rel. Smith v. Apfel, 167 F.3d 369, 375 (7th Cir. 1999) (court's denial of petition to release conservatorship funds rebutted presumption that funds were available for care or maintenance); POMS SI CHI01140.215 (In Minnesota, it cannot be presumed that funds are considered accessible and a countable resource; and any presumption of availability of funds can be nullified if the court order establishing the conservatorship specifically blocks the account from use for food, clothing or shelter). This Court's prior Orders precluding the expenditure of Settlement Funds for costs of care, unpaid bills or rent, and noting that the settlement funds are not a resource, are consistent with the use of a conservatorship account or blocked account, and mean that the Settlement Funds shall not be available or used for support or maintenance, including expenditures for food, clothing or shelter. See Navarro, 750 F. Supp. at 350 (construing social security regulation defining resources as assets that can be liquidated for support and maintenance and determining settlement award does not constitute a resource, noting: However the items for which the Settlement Order permits use of the funds may be characterized, they are not fairly denominated support and maintenance.); 20 C.F.R. § 416.1121(h) and § 416.1130(b) (defining support and maintenance as food, or shelter furnished to you); 20 C.F.R. § 416.1157(b) (Support and maintenance assistance means cash provided for the purpose of meeting food or shelter needs…); cf. Brown ex. rel. Brown v. Day, 555 F.3d 882, 885-86 (10th Cir. 2009) (under Social Security regulations and guidance, if an individual has no authority to compel use of trust assets for her own support and maintenance, assets are not considered an available resource); Seidenberg v. Weil, No. Civ. A. 95-WY-2191-WD, 1996 WL 33665490, at *7 (D. Colo. Nov. 1, 1996) (counting trust as available resource where beneficiary cannot compel trustee to use assets for beneficiary's support and maintenance violates federal Medicaid statute). With this further clarification on the limitation of the use of the settlement funds, expressly precluding expenditure of the Settlement Funds for support or maintenance, Class Members may use their apportioned settlement amounts as a supplement to enhance the quality of their lives consistent with this Courts Orders in this matter without jeopardizing eligibility for ongoing benefits. This is based on the Courts review of all submissions and the status of the above matter to date, as well as discussions and communication with counsel, including counsel for the United States and the Social Security Administration. Nothing stated in this Order contradicts, or is any way inconsistent with, the Social Security Act and its regulations. (See Order for additional details.) (Written Opinion). Signed by Judge Donovan W. Frank on 4/23/2012. (BJS) (Entered: 04/23/2012) |
| 04/27/2012 | 146 | TRANSCRIPT of Hearing on Final Approval of Settlement and Attorney Fees held on 12/01/2011 before Judge Donovan W. Frank. (84 pages). Court Reporter: Jeanne Anderson (E-mail: Jeanne_Anderson@mnd.uscourts.gov. Telephone: (651) 848-1221). Redaction Request due 5/18/2012. Redacted Transcript Deadline set for 5/29/2012. Release of Transcript Restriction set for 7/26/2012. For information on redaction procedures, please review Local Rule 5.5. (jma) (Entered: 04/27/2012) |
| 07/17/2012 | 159 | ORDER. 1. David Ferleger is hereby appointed as an independent advisor and monitor pursuant to this order. The parties shall cooperate fully with David Ferleger, and provide him with access to the facilities, services, programs, data, and documents relevant to the Settlement Agreement. He may convene meetings, meet relevant individuals and groups, attend case-related court proceedings and review pleadings, motions, and documents submitted to the court. The parties shall serve Mr. Ferleger with all such papers. He shall have ex parte access to the parties, their counsel and to the Court. However, in the event there is any information provided to the Court by David Ferleger which is utilized or otherwise relied upon by the Court for any reason relating to compliance with the Settlement Agreement, the Court will provide such information to counsel for the parties. 2. Defendants shall file within sixty (60) days a status report on implementation of the Settlement Agreement (apart from the fund distribution). The format and structure for the report shall be developed in cooperation with, and determined by, David Ferleger. 3. The format and structure for the reports of the External Reviewer shall also be developed in cooperation with, and determined by, David Ferleger. (Written Opinion). Signed by Judge Donovan W. Frank on 7/17/2012. (BJS) (Entered: 07/17/2012) |
| 09/04/2012 | 163 | FIRST REPORT TO THE COURT by Independent Consultant and Monitor David Ferleger. September 4, 2012. (BJS) (Entered: 09/04/2012) |
| 09/17/2012 | 165 | STATUS REPORT by Douglas Bratvold, Minnesota Department of Human Services, Minnesota, State of. (Attachments: # 1 Exhibit(s) List, # 2 Exhibit(s) 1A, # 3 Exhibit(s) 2A, # 4 Exhibit(s) 2B, # 5 Exhibit(s) 3A, # 6 Placeholder for Exs. 9A-G (filed under seal), # 7 Exhibit(s) 26A, # 8 Placeholder for 26B-C (filed under seal), # 9 Exhibit(s) 40A, # 10 Exhibit(s) 47A, # 11 Placeholder for Exs.54A-N (filed under seal), # 12 Exhibit(s) 61A, # 13 Exhibit(s) 63A, # 14 Exhibit(s) 66A, # 15 Exhibit(s) 72A, # 16 Exhibit(s) 74A, # 17 Exhibit(s) 83A, # 18 Exhibit(s) 85A, # 19 Exhibit(s) 92A, # 20 Exhibit(s) 94A, # 21 Placeholder for Ex.94B (filed under seal), # 22 Placeholder for Exs. 97A-C (filed under seal)) (Alpert, Steven). SEALED DOCUMENT RECEIVED IN CLERKS OFFICE ON 9/18/12. Modified on 10/3/2012 (RMS). (Entered: 09/17/2012) |
| 09/25/2012 | 167 | SECOND REPORT TO THE COURT: Procedural Requirements on Restraint by Independent Consultant and Monitor David Ferleger. September 24, 2012. (BJS) (Entered: 09/25/2012) |
| 09/28/2012 | 168 | ORDER. 1. The First Report to the Court is hereby ACCEPTED. 2. The monitors Formal Recommendation No. 1 is hereby ADOPTED. 3. The parties shall file objections, if any, to future reports and recommendations by the Independent Consultant and Monitor within twenty-one days of their filing. Objections not timely filed shall be deemed waived. Signed by Judge Donovan W. Frank on 9/28/2012. (BJS) (Entered: 09/28/2012) |
| 10/04/2012 | 170 | LETTER TO DISTRICT JUDGE by Darren Allen, James Brinker, Elizabeth Jacobs, James Jensen, Lorie Jensen . (Attachments: # 1 Exhibit(s) Ombudsman Report, # 2 Exhibit(s) Email to Court Monitor) (Santos, Margaret) (Entered: 10/04/2012) |
| 10/04/2012 | 171 | LETTER TO DISTRICT JUDGE by Darren Allen, James Brinker, Elizabeth Jacobs, James Jensen, Lorie Jensen AMENDED. (Attachments: # 1 Exhibit(s) Ombudsman Report, # 2 Exhibit(s) Email to Court Monitor) (Santos, Margaret) (Entered: 10/04/2012) |
| 10/18/2012 | 174 | ORDER. 1. The Clerk of United States District Court for the District of Minnesota is hereby authorized to remit to Twin Cities Public Television ("TPT"), Attention: Bill Hanley, Vice President, Public Engagement & Strategic Partnerships, Twin Cities Public Television, 172 East Fourth Street, St. Paul, MN 55101, the sum of $130,766.67. 2. Distribution. This Order shall be e-filed with additional courtesy copies provided to: (see Order for details). Signed by Judge Donovan W. Frank on 10/18/2012. (BJS) cc: Bill Hanley, Vice President, Public Engagement & Strategic Partnerships, Twin Cities Public Television, 172 East Fourth Street, St. Paul, MN 55101; and Colleen Wieck, Ph.D., Executive Director, The Minnesota Governors Council on Developmental Disabilities, 370 Centennial Office Building,658 Cedar Street, St. Paul, MN 55155. Modified on 10/18/2012 (lmb). (Entered: 10/18/2012) |
| 10/22/2012 | 175 | FIRST QUARTERLY REPORT TO THE COURT by Independent Consultant and Monitor David Ferleger. (rlb) (Entered: 10/22/2012) |
| 11/05/2012 | 178 | ORDER. 1. The Independent Consultant and Monitor's Second Report to the Court: Procedural Requirements on Restraint (Doc. No. 167 ), is hereby ADOPTED and ACCEPTED. 2. The Independent Consultant and Monitor shall proceed immediately to make recommendations to the Court on any issues discussed in the Report and not yet resolved, and to provide the parties with seven (7) calendar days notice before filing with the Court. Signed by Judge Donovan W. Frank on 11/5/2012. (BJS) (Entered: 11/05/2012) |
| 11/05/2012 | 179 | ORDER ON EXTERNAL REVIEWER. 1. An in-person status conference is scheduled for December 11, 2012 at 9:00 a.m., in Courtroom 7C, 7th Floor, Warren E. Burger Federal Building and United States Courthouse, 316 North Robert Street, St. Paul, MN 55101. 2. Counsel for Plaintiffs and for the Department of Human Services (DHS), shall attend. In addition, Assistant Commissioner Anne Barry and Chief Compliance Officer Gregory Grey shall attend. The Court's Independent Consultant and Monitor will be present. The settlement consultants, Colleen Wieck and Roberta Opheim, are invited. 3. The parties shall be prepared to discuss: a. Defendants' readiness to be evaluated for compliance by the Independent Consultant and Monitor with regard to the Evaluation Criteria drawn from the Settlement Agreement, and Defendants proposed timetable for readiness for such evaluation, b. the status of the Olmstead Planning Committee recommendations and the Olmstead Plan, c. whether and how the staff training concerns identified by the Monitor have been rectified, d. the status and plans under Olmstead for class member clients with developmental disabilities who may be at state facilities other than MSHS-Cambridge, e. the nature of habilitation and developmental disabilities-specific services which are currently provided at MSHS-Cambridge, f. the status of the Rule 40 Committee's work and an estimated timeline for its completion, g. Defendants' plans for the future of MSHS-Cambridge, and h. any circumstances which may hinder Defendants' implementation with all deliberate speed. 4. No written material is required to be presented. Should a party desire to present any written material for the conference, it shall submit the material (but not file with the Clerk) at least fourteen (14) days prior to the conference. 5. Counsel for the parties may confer and, if they wish, they may submit suggested additional agenda items for the Court's consideration at least fourteen (14) days before the conference. Signed by Judge Donovan W. Frank on 11/5/2012. (BJS) (Entered: 11/05/2012) |
| 11/19/2012 | 180 | STATUS REPORT of Defendants by Minnesota Department of Human Services, Minnesota, State of. (Attachments: # 1 Exhibit(s) Index, # 2 Exhibit(s) 98, # 3 Exhibit(s) 99, # 4 Placeholder for Exhibit 100 (filed under seal), # 5 Exhibit(s) 101, # 6 Placeholder for Exhibit 102 (filed under seal), # 7 Exhibit(s) 103, # 8 Exhibit(s) 104, # 9 Exhibit(s) 105, # 10 Exhibit(s) 106, # 11 Exhibit(s) 107, # 12 Placeholder for Exhibit 108 (filed under seal), # 13 Exhibit(s) 109, # 14 Placeholder for Exhibits 110-111B (filed under seal)) SEALED DOCUMENTS RECEIVED IN CLERKS OFFICE ON 11/20/12. (Alpert, Steven) Modified on 11/20/2012 (akl). (Entered: 11/19/2012) |
| 11/21/2012 | 183 | THIRD REPORT TO THE COURT: Amendments to the Settlement Agreement. (BJS) (Entered: 11/21/2012) |
| 12/20/2012 | 188 | ORDER AND MEMORANDUM. Consistent with its remarks at the December 11, 2012 Status Conference, the Court respectfully directs the parties to participate in a conference on January 14-15, 2013, to allow ample time, in consultation with David Ferleger, to address a number of issues relating to the status of Defendants' compliance with the Settlement Agreement including, but not limited, to the following: (see Order). (Written Opinion). Signed by Judge Donovan W. Frank on 12/20/2012. (Attachments: # 1 Attachment A) (BJS) (Entered: 12/20/2012) |
| 01/09/2013 | 192 | LETTER from Judge Donovan W. Frank to Counsel. (BJS) (Entered: 01/09/2013) |
| 01/18/2013 | 193 | STATUS REPORT of Defendants by Minnesota Department of Human Services, Minnesota, State of. (Attachments: # 1 Exhibit(s) Index, # 2 Exhibit(s) 112, # 3 Exhibit(s) 113, # 4 Placeholder for Exhibits 114-115 (filed under seal), # 5 Placeholder for 116A (filed under seal), # 6 Placeholder for 116B (filed under seal), # 7 Exhibit(s) 117, # 8 Placeholder for Exhibit 118 (filed under seal), # 9 Exhibit(s) 119, # 10 Placeholder for Exhibit 120 (filed under seal), # 11 Placeholder for Exhibit 121 (filed under seal)) (Alpert, Steven) SEALED DOCUMENT RECEIVED IN CLERKS OFFICE ON 1/22/2013 (GMO). (Entered: 01/18/2013) |
| 01/23/2013 | 196 | LETTER from Judge Donovan W. Frank to Counsel and Interested Parties. (BJS) (Entered: 01/23/2013) |
| 02/04/2013 | 198 | MONITOR'S RESPONSE TO COURT'S JANUARY 23, 2013 LETTER (Dkt. 196 ). (Attachments: # 1 Plaintiffs' letter of January 29, 2013, # 2 Defendants' letter of January 30, 2013, # 3 Examples of Defendants' Self-Report of Incomplete or "In Process" Compliance) (BJS) (Entered: 02/04/2013) |
| 02/05/2013 | 199 | ADDITIONAL DOCUMENT TO MONITOR'S RESPONSE TO COURT'S JANUARY 23, 2013 LETTER (Dkt 196 ). (Attachments: # 1DHS February 1, 2013 Correction Order, Cambridge) (BJS) (Entered: 02/05/2013) |
| 03/18/2013 | 202 | STATUS REPORT (of Defendants) by Minnesota Department of Human Services, Minnesota, State of. (Attachments: # 1 Exhibit(s) Index, # 2 Exhibit(s) 122A, # 3 Exhibit(s) 122B, # 4 Placeholder for Exhibit 122C (filed under seal), # 5 Exhibit(s) 122D, # 6 Exhibit(s) 123, # 7 Exhibit(s) 124, # 8 Placeholder for Exhibits 125-129C (filed under seal), # 9 Exhibit(s) Exhibit 130, # 10 Placeholder for Exhibit 131, # 11 Exhibit(s) 132, # 12 Exhibit(s) 133, # 13 Placeholder for Exhibit 134, # 14 Certificate of Service) (Alpert, Steven) DOCUMENTS RECEIVED IN CLERKS OFFICE ON 3/19/13. Modified on 3/19/2013 (GMW). (Entered: 03/18/2013) |
| 03/19/2013 | 205 | ORDER AND MEMORANDUM. 1. Status Conference: By this Order, the Court will respectfully direct Brenda Schaffer, the Court's Calendar Clerk, to set up a chambers conference for all counsel and to verify with respective counsel who should and will be in attendance at the conference. 2. In the context of the issue of noncompliance with the original Settlement Agreement (Doc. No. 104), the Court respectfully declines, absent further order of the Court, to modify the role of David Ferleger or to otherwise approve the stipulation of the parties at this time. However, once the Court has had an opportunity to meet with counsel for each party and has established the role of Mr. Ferleger (with or without agreement of the parties), the Court then expects Deputy Commissioner Ann Barry and David Ferleger to meet and to utilize their best efforts to agree on a budget for David Ferleger. Moreover, the Court intends to inform the parties at the status conference that given the status of the case, including the issues of noncompliance, the focus of David Ferleger will be to evaluate compliance and noncompliance issues vis--vis a mediation approach. Consequently, with or without agreement of the parties, the Court will establish the role and function of David Ferleger, as well as establish the budget for his services, if the parties are unable to reach an agreement.3. The Court expressly reserves the right to request the assistance of the United States Department of Justice, Civil Rights Division, with respect to compliance issues with the Settlement Agreement and the Orders of this Court. (Written Opinion). Signed by Judge Donovan W. Frank on 3/19/2013. (BJS) (Entered: 03/19/2013) |
| 04/08/2013 | 208 | MONITOR RESPONSE TO ORDER OF MARCH 19, 2013. (Attachments: # 1 Attachment A, # 2 Attachment B) (BJS) (Entered: 04/08/2013) |
| 04/25/2013 | 212 | AMENDED ORDER AND MEMORANDUM. (Please note there are no substantive changes to this amended order; only minor typographical errors have been corrected.) 1. Role of David Ferleger. The external reviewer function, as set forth in the Stipulated Class Action Settlement Agreement at paragraph VII.B (External Reviewer) will be subsumed within the Monitor's role as originally set forth in the Court's July 17, 2012 Order, at which time the Court appointed David Ferleger as the Court's independent consultant and monitor. 2. Monitor's Investigation and Reports. The Monitor will independently investigate, verify, and report on compliance with the Settlement Agreement and the policies set forth therein on a quarterly basis. Those quarterly reports shall inform the Court and the parties whether the Monitor believes, based upon his investigation, without relying on the conclusion of the DHS, that Defendants are in substantial compliance with the Settlement Agreement and the policies set forth therein. The Court expects the reports to set forth the factual basis for any recommendations and conclusions. Further, the reports shall set forth whether the DHS is operating consistent with the best practices pursuant to the Settlement Agreement. Consequently, the Court respectfully declines to accept the parties' stipulation to limit the role of the Monitor. (See Order for additional details.) (Written Opinion). Signed by Judge Donovan W. Frank on 4/25/2013. (BJS) Modified on 4/26/2013 (akl). (Entered: 04/25/2013) |
06/11/2013 |
STATUS REPORT ON COMPLIANCE by Independent Consultant and Monitor by David Ferleger. (Attachments: # 1 Exhibit(s) 1-7, # 2 Exhibit(s) 8-15)(BJS) (Entered: 06/11/2013) |
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| 08/02/2013 | 219 | MONITOR'S NOTICE OF FILING OF RULE 40 COMMITTEE RECOMMENDATIONS. (Attachments: # 1 Attachment A) (BJS) (Entered: 08/02/2013) |
| 08/05/2013 | 220 | LETTER from Judge Donovan W. Frank dated August 5, 2013, to Court Monitor David Ferleger. (BJS) (Entered: 08/05/2013) |
| 08/20/2013 | 222 | LETTER to Parties from Independent Consultant and Monitor David Ferleger Regarding Rule 40, 245D and Waiver Amendments. (BJS) (Entered: 08/20/2013) |
| 08/28/2013 | 224 | AMENDED ORDER AND MEMORANDUM. (Please note there are no substantive changes to this amended order; only minor typographical errors have been corrected.) The Court, having been advised by the Court Monitor that the parties have agreed that the Courts retention of jurisdiction over the above-entitled matter may be extended for an additional year to December 4, 2014, beyond the current December 4, 2013 date, pursuant to Section XVIII.B. of the Settlement Agreement, the Court hereby extends its jurisdiction over this matter to December 4, 2014. However, the Court expressly reserves the authority and jurisdiction to order an additional extension of jurisdiction, depending upon the status of compliance by the Defendants with the specific provisions of the Settlement Agreement, absent stipulation of the parties. (See Order for additional details.) (Written Opinion.) Signed by Judge Donovan W. Frank on 08/28/2013. (RLB) (Entered: 08/28/2013) |
| 09/23/2013 | 226 | RECOMMENDATION TO THE PARTIES: Transition Planning and the Re-Purposing of MSHS-Cambridge by David Ferleger, Court Monitor, September 23, 2013. (BJS) (Entered: 09/23/2013) |
| 09/24/2013 | 228 | ORDER. 1. Each Class Member or their guardian shall, within two weeks of receipt of this Order, send a letter to the Court at the following address: Honorable Donovan W. Frank, United States District Judge, 724 Warren E. Burger Federal Building, And United States Courthouse, 316 North Robert Street, St. Paul, MN 55101, documenting specifically how their class action settlement money has been expended. Hopefully, the letters will document that the money was spent consistent with its intended purpose in the settlement, namely, "solely for the benefit of the Class Member" to ensure that the funds improved the quality of life of each respective Class Member. Signed by Judge Donovan W. Frank on 9/24/2013. (Attachments: # 1 Exhibit A) (BJS) (Entered: 09/24/2013) |
| 10/17/2013 | 235 | LETTER TO DISTRICT JUDGE by Minnesota Department of Human Services as requested by the Court. (Attachments: # 1 copy of 10/15/13 letter to the Court, # 2 Proposed Implementation Plan dated 10/15/13, # 3 Proposed Implementation Plan Chronological Timetable dated 10/15/13, # 4 Implementation Plan Narrative dated 10/15/13) (Alpert, Steven) (Entered: 10/17/2013) |
| 10/17/2013 | 236 | Restraint Chair and Seclusion Use at AMRTC and MSH: Phase 1 Review. Signed by David Ferleger, Court Monitor on 10/17/2013. (RLB) (Entered: 10/17/2013) |
| 10/17/2013 | 237 | ORDER re finalization of the Department of Human Services Implementation Plan for the Settlement Agreement Evaluation Criteria and Cambridge Closure. (See Order for details.) Signed by Judge Donovan W. Frank on 10/17/2013. (RLB) (Entered: 10/17/2013) |
| 10/24/2013 | 239 | ORDER. The Court Monitor shall have access to, and shall be permitted access to, the patient/client records of individuals served by the Minnesota Department of Human Services and the programs and services which it operates, regulates, licenses or funds. 6 This access includes, but is not limited to, records of substance abuse treatment. Signed by Judge Donovan W. Frank on 10/23/2013. (Attachments: # 1 Appendix A) (BJS) (Entered: 10/24/2013) |
| 10/30/2013 | 244 | LETTER TO DISTRICT JUDGE by Minnesota Department of Human Services, Minnesota, State of. (Attachments: # 1 Cover Letter from Deputy Commissioner Anne Barry, # 2 Rule 40 Implementation Plan (proposed), # 3 Rule 40 Implementation Plan Project Staff (proposed), # 4 Rule 40 Implementation Plan Acronyms (proposed), # 5 Rule 40 Implementation Plan Chronological Timetable (proposed) (Alpert, Steven) (Entered: 10/30/2013) |
| 10/31/2013 | 246 | LETTER TO DISTRICT JUDGE by Minnesota Department of Human Services, Minnesota, State of. (Attachments: # 1 Minnesota Olmstead Plan) (Alpert, Steven) (Entered: 10/31/2013) |
| 10/31/2013 | 247 | LETTER TO DISTRICT JUDGE by Minnesota Department of Human Services, Minnesota, State of. (Attachments: # 1 Minnesota's 2013 Olmstead Plan) (Alpert, Steven) (Entered: 10/31/2013) |
| 11/01/2013 | 248 | ORDER. 1. The Court Monitor's request is GRANTED. He shall have the responsibility and authority to finalize the Department of Human Services Plan for the Settlement Agreement Evaluation Rule 40 Modernization ("Plan") which was timely submitted by DHS on October 30, 2013 (Doc. No. 244) pursuant to the Order of August 28, 2013. The Court Monitor may utilize the assistance of one or more consultants. 2. The Court Monitor shall implement this order in cooperation with Deputy Commissioner Anne Barry, who shall ensure the availability of appropriate DHS staff and the provision of documents and other resources requested by the Court Monitor or his consultants. The Court Monitor has also committed to permitting the participation in this process of Plaintiff Class Counsel, and the consultants to the parties, Ms. Roberta Opheim and Dr. Colleen Wieck. Signed by Judge Donovan W. Frank on 11/1/2013. (BJS) (Entered: 11/01/2013) |
| 11/12/2013 | 251 | REPORT TO THE COURT, Client RW: AWOL v. Transitioned to the Community by Independent Consultant and Monitor by David Ferleger. (BJS) (Entered: 11/12/2013) |
| 11/27/2013 | 254 | REPORT TO THE COURT: Comprehensive Plan of Action by Independent Consultant and Monitor by David Ferleger. (BJS) (Entered: 11/27/2013) |
| 12/06/2013 | 256 | REPORT TO THE COURT: Recommended Revision To MSHS-Cambridge Restraint Policy by David Ferleger, Court Monitor. (BJS) (Entered: 12/06/2013) |
| 12/11/2013 | 257 | ORDER. 1. The revision to Attachment A, set forth in the attachment to this Order, is hereby APPROVED and ADOPTED by the Court and shall be implemented by Defendants. 2. All current and future staff be specially trained in the revisions to Attachment A, including staff at MSHS-Cambridge and its successor programs. For current staff, the training shall be completed within thirty (30) days of this Order. Defendants shall provide the Court Monitor with an advance written summary of the training curriculum and methods, for his approval. For the current staff, sign-in sheets showing that all staff have been trained shall be provided to the Court Monitor. The training shall be in-person and didactic and shall not consist merely of a sign-off of receipt of the policy. Signed by Judge Donovan W. Frank on 12/11/2013. (Attachments: # 1 Attachment A) (BJS) (Entered: 12/11/2013) |
| 12/17/2013 | 259 | MEMORANDUM AND ORDER. 1. The Court finds and concludes that Plaintiffs' Motion for Sanctions (Doc. No. 230 ) is GRANTED. However, for the reasons stated off the bench at the time of the hearing and in this Memorandum and Order, the Court reserves ruling on what sanctions are appropriate, pending receipt of the status of compliance by Defendants and the status of the implementation plan required by this Court, noted in the Court's Memorandum and Order. (Written Opinion). Signed by Judge Donovan W. Frank on 12/17/2013. (BJS) (Entered: 12/17/2013) |
| 12/20/2013 | 261 | PARTIES' RESPONSES TO COMPREHENSIVE PLAN OF ACTION submitted by Independent Consultant and Monitor David Ferleger. (BJS) (Entered: 12/20/2013) |
| 12/20/2013 | 262 | LETTER TO COURT Regarding Comprehensive Plan of Action from David L. Ferleger. (BJS) (Entered: 12/20/2013) |
| 01/02/2014 | 263 | REPORT TO THE COURT: Minnesota's 2013 Olmstead Plan by Independent Consultant and Monitor David Ferleger. (BJS) Modified on 1/3/2014 (akl). (Entered: 01/02/2014) |
| 01/22/2014 | 265 | ORDER (see Order for details). (Written Opinion.) Signed by Judge Donovan W. Frank on 01/22/2014. (RLB) (Entered: 01/22/2014) |
| 01/22/2014 | 266 | ORDER (see Order for details). (Written Opinion.) Signed by Judge Donovan W. Frank on 01/22/2014. (RLB) (Entered: 01/22/2014) |
| 01/28/2014 | 269 | TRANSCRIPT of Plaintiffs' Motion for Sanctions Hearing held on 11/25/2013 before Judge Donovan W. Frank. (64 pages). Court Reporter: Jeanne Anderson (E-mail: Jeanne_Anderson@mnd.uscourts.gov. Telephone: (651) 848-1221). Redaction Request due 2/18/2014. Redacted Transcript Deadline set for 2/28/2014. Release of Transcript Restriction set for 4/28/2014. For information on redaction procedures, please review Local Rule 5.5. (JMA) (Entered: 01/28/2014) |
| 02/13/2014 | 271 | REPORT TO THE COURT: Adoption of Comprehensive Plan of Action, submitted by Independent Consultant and Monitor David Ferleger. (Attachments: # 1 Attachment - Comprehensive Plan of Action) (BJS) (Entered: 02/13/2014) |
| 02/18/2014 | 272 | RECOMMENDATIONS TO THE PARTIES: Staff Training on Federal Final Rule for Home and Community-Based Services (HCBS) Settings. Submitted by David Ferleger, Independent Consultant and Monitor. (BJS) (Entered: 02/18/2014) |
| 02/19/2014 | 273 | MEMORANDUM TO THE COURT submitted by Independent Consultant and Monitor David Ferleger. (BJS) (Entered: 02/19/2014) |
| 02/24/2014 | 274 | Cover Letter Re Comments Regarding Minnesota's Olmstead Plan signed by Colleen Wieck, Executive Director. (Attachments: # 1 Minnesota Governor's Council on Developmental Disabilities Executive Director Feedback on Minnesota's Olmstead Plan Attachment, # 2 Attachment #1 to Feedback) (BJS) Modified on 2/25/2014 (kt). (Entered: 02/24/2014) |
| 02/24/2014 | 275 | Office of Ombudsman for Mental Health and Developmental Disabilities Comments on Minnesota's Olmstead Plan signed by Roberta C. Opheim, Ombudsman. (BJS) Modified on 2/25/2014 (kt). (Entered: 02/24/2014) |
| 02/25/2014 | 276 | LETTER TO DISTRICT JUDGE by Darren Allen, James Brinker, Elizabeth Jacobs, James Jensen, Lorie Jensen Regarding Plaintiffs' Response to Proposed Olmstead Plan. (Attachments: # 1 Exhibit(s) (Plaintiff's 10-22-13 Letter to Court Monitor)) (Azman, Mark) (Entered: 02/25/2014) |
| 03/10/2014 | 279 | ORDER CONFIRMING REVISION TO ORDER OF DECEMBER 11, 2013. The Court issued its Order of December 11, 2013 (Doc. No. 257), accepting the parties' agreed revision to the MSHS-Cambridge restraint policy. See Court Monitor, Report to the Court: Recommended Revision to MSHS-Cambridge Restraint Policy (December 6, 2013), (Doc. No. 256). The order's Attachment A, the revised policy, is marked with a December 4, 2013 effective date. The Court Monitor's report noted that the Department of Human Service's response to the draft report provided that, "The time for exercise [while in manual restraint] would be changed to 5 minutes out of every 20 minutes." The Court Monitor stated, "The Monitor assumes that the 20 minutes is intended to mean 15 minutes and this will be corrected. (emphasis added in both sentences). MSHS-Cambridge did make that correction, and adopted a superseding policy effective December 20, 2013, marked in Attachment A to this filing at page 6. The Court Monitor recently received this corrected policy. For clarity in the docket, and to avoid confusion in implementation, the Court Monitor requested the Court to approve and adopt the revision to conform to the expectations in the Court Monitor's report. Upon consideration of the Court Monitor's suggested confirming revision of the Order of December 11, 2013 (Doc. No. 257 ), IT IS HEREBY ORDERED that ATTACHMENT A hereto is SUBSTITUTED for the ATTACHMENT A to the said order. Signed by Judge Donovan W. Frank on 3/7/2014. (Attachments: # 1 Attachment A) (BJS) (Entered: 03/10/2014) |
| 03/12/2014 | 283 | SECOND AMENDED COMPREHENSIVE PLAN OF ACTION (This amends the prior Plan filed as Attachment 1 to the Report filed at Doc. No. 271.) (BJS) (Entered: 03/12/2014) |
| 03/12/2014 | 284 | AMENDED ORDER. 1. The Court Monitor's Report to the Court: Adoption of Comprehensive Plan of Action (February 13, 2013) (Doc. No. 271) ("Report") and Second Amended Comprehensive Plan of Action ("CPA") (Doc. No. 283) are hereby ADOPTED and APPROVED. Defendants, their officials, staff, agents, and all of those acting in concert with them, shall comply with the CPA. (See Order for additional information.) Signed by Judge Donovan W. Frank on 3/12/2014. (BJS) (Entered: 03/12/2014) |
| 03/18/2014 | 285 | REPORT TO THE COURT: Timeliness of Vulnerable Adult Maltreatment Investigations. Submitted by David Ferleger, Independent Consultant and Monitor. (BJS) (Entered: 03/18/2014) |
| 04/03/2014 | 288 | REPORT TO THE COURT: Adoption of Format for Defendants' Compliance Reports. Submitted by David Ferleger, Independent Consultant and Monitor. (BJS) (Entered: 04/03/2014) |
| 04/11/2014 | 289 | REPORT re 159 Order, (Defendants' First Compliance Update Report) by Minnesota Department of Human Services, Minnesota, State of. (Attachments: # 1 Exhibit(s) List, # 2 Placeholder for Exhibits 1-7 (filed under seal)) (Alpert, Steven) Sealed document received on 4/11/2014 (JGK). (Entered: 04/11/2014) |
| 04/14/2014 | 292 | ORDER re 285 Report 1. The Minnesota Department of Human Services, within thirty (30) days of the date of this Order, shall advise the Court of actions it will take to improve timeliness of maltreatment investigation reports regarding beneficiaries of the orders of this Court, including, but not limited to, the Olmstead Plan. 2. The Court Monitor may thereafter comment or make recommendations regarding the Minnesota Department of Human Services' submission. Signed by Judge Donovan W. Frank on 4/14/2014. (BJS) (Entered: 04/14/2014) |
| 04/22/2014 | 293 | LETTER TO DISTRICT JUDGE with REPORT re 266 Order (First Minnesota Olmstead Subcabinet Report, with Appendices and Exhibits) by Minnesota Department of Human Services, Minnesota, State of. (Attachments: # 1 Certificate of Service). (Ikeda, Scott) Modified text on 4/23/2014 (lmb). (Entered: 04/22/2014) |
| 04/23/2014 | 294 | MEMORANDUM TO THE COURT: Hazards and Possibilities During MSHS-Cambridge's Final Months. Submitted by David Ferleger, Independent Consultant and Monitor. (RLB) (Entered: 04/23/2014) |
| 04/24/2014 | 295 | MEMORANDUM TO THE COURT: Person-Centered Planning Flowchart. Submitted by David Ferleger, Independent Consultant and Monitor. (RLB) (Entered: 04/24/2014) |
| 04/30/2014 | 297 | ORDER. The Court has reviewed the Court Monitor's Memorandum to the Court: Hazards and Possibilities During MSHS-Cambridge's Final Months (Doc. No. 294) (Memorandum), and notes his concern that, in the closing months of MSHS-Cambridge's existence, the remaining clients not be 'orphaned' and denied the safety, protection and treatment to which they are entitled under the Court's orders. MSHS-Cambridge's current residents are to move to community homes by June 30, 2014. The Minnesota Department of Human Services has responded to the Court Monitor's inquiries which preceded the Memorandum. Recalling that this litigation was initiated after the 2009 public exposure of inappropriate and abusive force at MSHS-Cambridges predecessor METO, the Court is extremely disappointed that, more than two years after the approval of the Settlement Agreement, for some employees, safety is equated with a show of force, power and control in a legacy of the old institutional way and not the direction we [DHS] are headed. Also, DHS has found that, at least for the client highlighted in the Memorandum, staff were not competent and adequately trained in her program and that her program was not being implemented. This state of affairs is fraught with risk to the safety of clients and staff alike. The Court expects the Minnesota Department of Human Services to utilize this opportunity to reinvigorate protections and treatment at MSHS- Cambridge, to ensure settlement-compliant meaningful activity at the facility, and to seriously consider implementation of the Court Monitor's recommendations. Signed by Judge Donovan W. Frank on 4/29/2014. (BJS) Modified text on 4/30/2014 (lmb). (Entered: 04/30/2014) |
| 04/30/2014 | 298 | ORDER. 1. Access to Individual and Records. Any county, agency, person or other entity, governmental or non-governmental, and any person working for, or in concert with, such an entity, which serves or has served any person whom the Court Monitor represents to be a review subject, shall permit the Court Monitor to have access to the individual, and to all his or her past and current records, whether paper, electronic, or in any other format. (Please see Order for additional information.) Signed by Judge Donovan W. Frank on 4/29/2014. (BJS) (Entered: 04/30/2014) |
| 05/12/2014 | 299 | REPORT re 284 Order, (Defs' Second Compliance Report, filed May 12, 2014) by Minnesota Department of Human Services, Minnesota, State of. (Alpert, Steven) (Entered: 05/12/2014) |
| 05/14/2014 | 303 | Olmstead Plan: Resolution of State's Requests for Modifications Nos. 2014-1 through 46 submitted by David Ferleger, Independent Consultant and Court Monitor. (BJS) (Entered: 05/14/2014) |
| 05/14/2014 | 304 | ORDER. The Court has received the Court Monitor's report, Olmstead Plan: Resolution of State's Requests for Modifications Nos. 2014-1 through 46 (Doc. No. 303 ). Pursuant to the Court's Order of August 28, 2013 (Doc. No. 224), IT IS HEREBY ORDERED that any party seeking review of any item now resolved in the first instance by the Court Monitor, shall file any objection, with supporting arguments demonstrating good cause, within ten (10) days from the date of this Order. Signed by Judge Donovan W. Frank on 5/14/2014. (BJS) (Entered: 05/14/2014) |
| 05/14/2014 | 306 | Observations Regarding the State of Minnesota's April 22, 2014 Olmstead Plan Update (Dkt. 293) submitted by David Ferleger, Court Monitor. (BJS) (Entered: 05/14/2014) |
| 05/19/2014 | 308 | ORDER. The Court Monitor shall follow up with the Lieutenant Governor, the Subcabinet, the Executive Director of the Olmstead Implementation Office, and other relevant officials from time to time on the issues discussed in this order. Signed by Judge Donovan W. Frank on 5/19/2014. (BJS) (Entered: 05/19/2014) |
| 05/30/2014 | 310 | MEMORANDUM TO THE COURT from David Ferleger, Court Monitor, dated May 29, 2014. (BJS) (Entered: 05/30/2014) |
| 06/18/2014 | 311 | Olmstead Plan: Resolution of State's Requests for Modifications Nos. 2014-26 (revised) and 2014-47 through 2014-50. Report filed by David Ferleger, Court Monitor. (BJS) (Entered: 06/18/2014) |
| 06/18/2014 | 312 | ORDER. Any party seeking review of any item now resolved in the first instance by the Court Monitor, shall file any objection, with supporting arguments demonstrating good cause, within ten (10) days from the date of this Order. Signed by Judge Donovan W. Frank on 6/18/2014. (BJS) (Entered: 06/18/2014) |
| 06/20/2014 | 313 | Report to the Court: Community Compliance Review. Filed by David Ferleger, Court Monitor. (BJS) Sealed Per Judge Donovan W. Frank. Redacted Version filed at Doc. No. 327 . Modified on 7/11/2014 (TSS). (Entered: 06/20/2014) |
| 06/20/2014 | 314 | REPORT NO. 2, MINNESOTA OLMSTEAD SUB-CABINET REPORT TO THE COURT by Minnesota Department of Human Services. (Attachments: # 1 Certificate of Service) (Ikeda, Scott) Modified on 6/20/2014 (JAM). (Entered: 06/20/2014) |
| 06/27/2014 | 323 | ORDER. The State Defendants' Motion to Amend the Comprehensive Plan of Action (June 24, 2014) (Doc. No. 317 ) is taken under advisement. 4 The Court Monitor shall continue to consult with Defendants on their efforts for D.P.'s move from MSHS-Cambridge. Defendants will continue to report to the Monitor at least weekly or, if he so requests, more often. Signed by Judge Donovan W. Frank on 6/27/2014. (BJS) (Entered: 06/27/2014) |
| 07/10/2014 | 326 | LETTER TO DISTRICT JUDGE by Minnesota Department of Human Services, Minnesota, State of. (Attachments: # 1 Olmstead Plan Proposed Modifications, # 2 Exhibit(s) Summary of Proposed Modifications) (Alpert, Steven) (Entered: 07/10/2014) |
| 07/11/2014 | 327 | Report to the Court: Community Compliance Review. Filed by David Ferleger, Court Monitor. (Redacted Version; unredacted version filed at Doc. No. 313 .) (BJS) (Entered: 07/11/2014) |
| 07/15/2014 | 328 | REPORT re 284 Order, Defs' Third Compliance Update Report by Minnesota Department of Human Services, Minnesota, State of. (Noss, Anthony) (Entered: 07/15/2014) |
| 08/06/2014 | 333 | REPORT TO THE COURT: Approval of Revised Olmstead Plan. Filed by David Ferleger, Court Monitor. (BJS) (Entered: 08/06/2014) |
| 08/19/2014 | 336 | REPORT Minnesota Olmstead Subcabinet Report - Status Update Report No. 3 by Minnesota Department of Human Services, Minnesota, State of. (Attachments: # 1 Certificate of Service) (Winter, Aaron) (Entered: 08/19/2014) |
| 08/20/2014 | 337 | ORDER. The Court Monitor's Reports Olmstead Plan: Resolution of State's Requests for Modifications Nos. 2014-1 through 46 (Doc. No. 303) and Olmstead Plan: Resolution of State's Requests for Modifications Nos. 2014-26 (revised) and 2014-47 through 2014-50 (Doc. No. 311) are ADOPTED and incorporated by reference. The State shall modify the Olmstead Plan in compliance with the Court Monitor's Reports. Signed by Judge Donovan W. Frank on 8/20/2014. (BJS) (Entered: 08/20/2014) |
| 08/22/2014 | 338 | LETTER TO DISTRICT JUDGE by Minnesota Department of Human Services, Minnesota, State of (response to 7-24-14 letter regarding 6-20-14 Community Compliance Review Report and Olmstead Plan). (Noss, Anthony) (Entered: 08/22/2014) |
| 09/03/2014 | 340 | ORDER. 1. The Court APPROVES the Court Monitor's Report to the Court: Community Compliance Review (Doc. No. 327 ). (See Order for additional information.) (Written Opinion). Signed by Judge Donovan W. Frank on 9/3/2014. (BJS) (Entered: 09/03/2014) |
| 09/15/2014 | 342 | REPORT re 284 Order, (Defendants' Fourth Compliance Update Report) by Minnesota Department of Human Services, Minnesota, State of. (Attachments: # 1 Exhibit(s) Index, # 2 Exhibit(s) Placeholder (Ex. 113 filed under seal), # 3 Exhibit(s) Placeholder (E x. 114 filed under seal), # 4 Exhibit(s) Placeholder (Ex. 115 filed under seal), # 5 Exhibit (s) Placeholder (Ex. 116 filed under seal), # 6 Exhibit(s) Placeholder (Ex. 117 filed under seal), # 7 Exhibit(s) Placeholder (Exs. 118, 119, 120 filed under seal), # 8 Exhibit(s) 121, # 9 Exhibit(s) 122, # 10 Exhibit(s) 123, # 11 Exhibit(s) 124) (Noss, Anthony) Sealed documents received on 9/15/2014 (JGK). (Entered: 09/15/2014) |
| 09/18/2014 | 344 | ORDER. 1. The Court DECLINES TO ADOPT the State's Proposed Olmstead Plan (Doc. No. [326-1]) at this time. 2. The parties shall submit a revised Olmstead Plan to the Court Monitor by November 10, 2014. (Written Opinion). Signed by Judge Donovan W. Frank on 9/18/2014. (BJS) (Entered: 09/18/2014) |
| 10/20/2014 | 347 | Behavioral Intervention Devices & Practices: Achieving Compliance in Community Programs. Report by Court Monitor David Ferleger. (Redacted) (Attachments: # 1 Appendix A - Redacted, # 2 Appendix B - Unredacted, # 3 Appendix C - Redacted) (BJS) (Entered: 10/20/2014) |
| 10/20/2014 | 349 | AMENDED ORDER. 1. The parties shall file responses to the October 17, 2014 report, and the recommendations contained therein, on or before October 30, 2014. 2. The Executive Director of the Governor's Council on Developmental Disabilities and the Ombudsman for Mental Health and Developmental Disabilities may respond by letter, with copies to the parties and the Court Monitor, on or before November 6, 2014. Signed by Judge Donovan W. Frank on 10/20/2014. (BJS) (Entered: 10/20/2014) |
| 10/22/2014 | 350 | REPORT (Minnesota Olmstead Subcabinet Status Report to the Court - Report No. 4 (July 1 - August 31, 2014)) by Minnesota Department of Human Services, Minnesota, State of. (Noss, Anthony) (Entered: 10/22/2014) |
| 11/05/2014 | 355 | LETTER TO DISTRICT JUDGE by David Ferleger re DHS' "Statistics" (BJS) (Entered: 11/05/2014) |
| 11/13/2014 | 356 | COMMENTS AND EXPECTATIONS: DHS Diversion from Institutionalization filed by David Ferleger, Court Monitor. (BJS) (Entered: 11/13/2014) |
| 11/13/2014 | 358 | LETTER TO DISTRICT JUDGE by Minnesota Department of Human Services, Minnesota, State of. (Attachments: # 1 Attachment A (redacted), # 2 Placeholder for Attachment A (filed under seal)) (Noss, Anthony) SEALED DOCUMENT RECEIVED IN CLERK'S OFFICE on 11/14/2014 (LPH). (Entered: 11/13/2014) |
| 11/17/2014 | 360 | REPORT Defendants' Fifth Compliance Update Report by Minnesota Department of Human Services, Minnesota, State of. (Noss, Anthony) (Entered: 11/17/2014) |
| 11/26/2014 | 366 | LETTER/RESPONSE re 356 Report Response to Comments and Expectations: DHS Diversion from Institutionalization filed by Court Monitor filed by Minnesota Department of Human Services, Minnesota, State of. (Winter, Aaron) Modified text on 11/26/2014 (lmb). (Entered: 11/26/2014) |
| 12/05/2014 | 368 | ORDER. 1. The Court approves the Court Monitor's Behavioral Intervention Devices and Practices: Achieving Compliance in Community Programs Report to the Court (Doc. No. 347 ) and adopts in part the recommendations therein as specified in this Order. 2. Should DHS fail to timely comply with the terms of this Order, the Court reserves the right to impose monetary or other sanctions. 3. The Court reserves the right to address other non-compliance issues by separate order. Signed by Judge Donovan W. Frank on 12/5/2014. (BJS) (Entered: 12/05/2014) |
| 12/08/2014 | 369 | Memorandum to the Court: Docketing State's November 10, 2014 Revised Olmstead Plan and Related Documents by David Ferleger, Court Monitor. (Attachments: # 1 Appendix 1 (Part 1), # 2 Appendix 1 (Part 2), # 3 Appendix 2, # 4 Appendix 3) (BJS) (Entered: 12/10/2014) |
| 12/22/2014 | 371 | REPORT (Minnesota Olmstead Subcabinet Report - Status Update (Sept. 1 - Oct. 31, 2014) - Report No. 5) by Minnesota Department of Human Services, Minnesota, State of. (Noss, Anthony) (Entered: 12/22/2014) |
| 12/22/2014 | 372 | DHS Response to Court Monitor's "Report to Court Verification Items: DHS 4th and 5th Compliance Update Report from Anne M. Barry. (Attachments: # 1 Attachment 1, # 2 Attachment 2, # 3 Attachment 3, # 4 Placeholder for Attachments 4 and 5A-5E (sealed), # 5 Attachment 6 (Redacted), # 6 Placeholder for Attachment 6 (sealed)) (Noss, Anthony) SEALED DOCUMENTS RECEIVED IN CLERK'S OFFICE on 12/22/2014 (LPH). Modified docket text on 12/24/2014 (TSS). (Entered: 12/22/2014) |
| 12/24/2014 | 374 | REPORT TO THE COURT. Verification Items: DHS 4th and 5th Compliance Update Report (David Ferleger, Court Monitor). (BJS) (Entered: 12/24/2014) |
| 01/09/2015 | 378 | ORDER. 1. The Court provisionally approves the State of Minnesota's proposed revisions to the Olmstead Plan (Doc. No. 369 ), subject to the Court's review of the State's modifications and any submissions by Plaintiffs' Counsel. 2. Plaintiffs' Counsel may file any comments or objections to the Olmstead Plan as currently submitted by February 6, 2015. 3. The State shall file a revised Olmstead Plan by March 20, 2015. Signed by Judge Donovan W. Frank on 01/09/2015. (BJS) (Entered: 01/09/2015) |
| 01/28/2015 | 381 | REPORT TO THE COURT - COMMUNITY COMPLIANCE REVIEW: DHS Follow-up by David Ferleger, Court Monitor. (BJS) (Entered: 01/28/2015) |
| 01/28/2015 | 382 | LETTER TO DISTRICT JUDGE filed by Minnesota Olmstead Sub- Cabinet. (Attachments: # 1 Exhibit A, # 2 Envelope) (TSS) Document QC'd on 2/12/2015 (JGK). (Entered: 01/29/2015) |
| 02/13/2015 | 387 | REPORT (Defendants' Sixth Compliance Update Report) by Minnesota Department of Human Services, Minnesota, State of. (Attachments: # 1 Exhibit(s) List, # 2 Placeholder for for Exhibits152-169 (filed under seal), # 3 Exhibit(s) 170-Redacted version, # 4 Placeholder for Exhibit 170 (filed under seal), # 5 Placeholder for Exhibit 171, # 6 Exhibit(s) 172, # 7 Exhibit(s) 173, # 8 Exhibit(s) 174) (Noss, Anthony) Sealed documents received on 2/13/2015 (JGK). (Entered: 02/13/2015) |
| 02/18/2015 | 388 | REPORT TO THE COURT: COMMUNITY SUPPORT SERVICES STAFFING (David Ferleger, Court Monitor), 02/18/2015. (RLB) (Entered: 02/18/2015) |
| 02/20/2015 | 389 | REPORT (MN Olmstead Subcabinet Rep. No. 6, Status Update Nov. 1, 2014-Dec. 31, 2014 (Part 1 of 3)) by Minnesota Department of Human Services, Minnesota, State of. (Attachments: # 1 Part 2 of 3 - MN Olmstead Subcabinet Report No. 6, # 2 Part 3 of 3 - MN Olmstead Subcabinet Report No. 6, # 3 Verification) (Noss, Anthony) (Entered: 02/20/2015) |
| 02/27/2015 | 392 | REPORT TO THE COURT: ACTIONS ON OLMSTEAD PLAN UPDATE (David Ferleger, Court Monitor), 02/27/2015. (RLB) (Entered: 02/27/2015) |
| 03/04/2015 | 393 | LETTER RESPONSE by Minnesota Department of Human Services, Minnesota, State of to Court Monitor's Feb. 18, 2015 Report to the Court [Doc. 388 , Filed Feb. 18, 2015] "Community Support Services Staffing". (Noss, Anthony) Modified text on 3/4/2015 (lmb). (Entered: 03/04/2015) |
| 03/12/2015 | 395 | Olmstead Plan - Public Information Memo to Darlene Zangra and Michael Tessneer from Court Monitor David Ferleger. Dated 3/11/2015. (BJS) (Entered: 03/12/2015) |
| 03/16/2015 | 396 | REPORT (Defendants' Seventh Compliance Update Report (Jan. 1-Feb. 28, 2015)) by Minnesota Department of Human Services, Minnesota, State of. (Attachments: # 1 Exhibit(s) List, # 2 Exhibit(s) 175 (Redacted), # 3 Placeholder for Exhibit 175 (filed under seal), # 4 Placeholder for Exhibits 176-182 (filed under seal), # 5 Exhibit(s) 183, # 6 Exhibit(s) 184, # 7 Exhibit(s) 185) (Noss, Anthony) Sealed document received on 3/16/2015 (JGK). (Entered: 03/16/2015) |
| 03/19/2015 | 398 | LETTER TO DISTRICT JUDGE DONOVAN W. FRANK from Mary Tingerthal and Lucinda Jesson re Response to the Court's January 9, 2015 Order. (BJS) (Entered: 03/19/2015) |
| 03/19/2015 | 400 | ORDER. Defendants' request for clarification of the Court's January 9, 2015 Order and an extension of time (Doc. No. 398 ) is DENIED. (Written Opinion). Signed by Judge Donovan W. Frank on 3/19/2015. (BJS) (Entered: 03/19/2015) |
| 03/23/2015 | 401 | LETTER TO DISTRICT JUDGE DONOVAN W. FRANK AND DAVID FERLEGER, ESQ. Re: Response to Court's January 9, 2015 Order. (Attachments: # 1 Enclosure - Revised Olmstead Plan) (BJS) (Entered: 03/23/2015) |
| 03/27/2015 | 404 | REPORT (MN Olmstead Subcabinet Report to the Court - Status Update for Nov. 1-Dec. 31, 2014 - Report No. 6 Addendum) by Minnesota Department of Human Services, Minnesota, State of. (Attachments: # 1 Verification) (Noss, Anthony) (Entered: 03/27/2015) |
| 04/09/2015 | 407 | Court Monitor Report to the Court Regarding Class Member E.G. dated April 8, 2015. (Attachments: # 1 Attachment A - State Court Order) (BJS) (Entered: 04/09/2015) |
| 04/09/2015 | 408 | LETTER TO DISTRICT JUDGE DONOVAN W. FRANK from Advocating Change Together dated April 6, 2015 Commenting on the Olmstead Plan. (BJS) (Entered: 04/09/2015) |
| 04/09/2015 | 409 | LETTER from Mid-Minnesota Legal Aid dated April 6, 2015 Commenting on the Olmstead Plan. (BJS) (Entered: 04/09/2015) |
| 04/14/2015 | 415 | ORDER. 1. The parties shall file responses to the April 14, 2015 report, and the recommendations contained therein, on or before April 28, 2015. 2. The Executive Director of the Governor's Council on Developmental Disabilities and the Ombudsman for Mental Health and Developmental Disabilities may respond by letter, with copies to the parties and the Court Monitor, on or before May 5, 2015. Signed by Judge Donovan W. Frank on 04/14/2015. (BJS) (Entered: 04/14/2015) |
| 04/16/2015 | 416 | TEXT ONLY ENTRY: CLERK'S NOTICE OF REASSIGNMENT. This case is reassigned to Magistrate Judge Becky R. Thorson. Magistrate Judge Franklin L. Noel no longer assigned to the case. NOTE: the new case number is 09-cv-1775 DWF/BRT. Please use this case number for all subsequent pleadings. (LJG) (Entered: 04/16/2015) |
| 04/21/2015 | 421 | ORDER FOR STATUS CONFERENCE. 1. The parties shall participate in a status conference on May 28, 2015 at 9:00 a.m. to discuss the status of this case and to address a number of issues impeding the implementation of the Settlement Agreement, including, but not limited to: (a) compliance with federal rules and procedures regarding formal and informal submissions to the Court; (b) communication barriers between the parties, the Court Monitor, and the Court; and (c) compliance with the provisions of the Settlement Agreement and the Court's Orders. 2. The Court assumes and expects that counsel for Plaintiffs and Defendants, appropriate officials from the State of Minnesota and the Department of Human Services, including Commissioner Lucinda Jesson, Commissioner Mary Tingerthal, Gregory Gray, Ricardo Figueroa, Amy Kaldor Akbay, Solicitor General Alan I. Gilbert, consultants to the parties, Roberta Opheim and Dr. Colleen Wieck, and the Court Monitor will be present at the conference. The conference participants shall be limited to the above-named individuals. 3. The status conference will be presided over by the undersigned, along with United States Magistrate Judge Becky R. Thorson. 4. The status conference will take place in the 7th Floor Conference Room (accessible by buzzing Judge Franks chambers on the 7th Floor), Warren E. Burger Federal Building and United States Courthouse, 316 North Robert Street, St. Paul, Minnesota. 5. The Court reserves the right to schedule an additional status conference as necessary. Signed by Judge Donovan W. Frank on 4/21/2015. (BJS) (Entered: 04/21/2015) |
| 04/22/2015 | 424 | REPORT (Minnesota Olmstead Subcabinet Report to Court - Status Update Jan. 1-Feb. 28, 2015 - Report No. 7 by Minnesota Department of Human Services, Minnesota, State of. (Attachments: # 1 Affidavit Concerning MN Olmstead Subcabinet Report to Court, Report No. 7) (Brennaman, Nathan) (Entered: 04/22/2015) |
| 04/27/2015 | 427 | MEMORANDUM by Minnesota Disability Law Center Memorandum of Amicus Curiae Minnesota Disability Law Center in Support of Plaintiffs' Objections to State's Proposed Olmstead Plan filed by Minnesota Disability Law Center. DOCUMENT/EXHIBIT A FILED IN ERROR-WILL REFILE AS SEPARATE EVENT. (Attachments: # 1 Exhibit A) (Hoopes, Pamela) Modified text on 4/27/2015 (MMP). Modified text on 4/27/2015 (lmb). (Entered: 04/27/2015) |
| 04/28/2015 | 428 | EXHIBIT re 427 Memorandum, Exhibit A by Minnesota Disability Law Center. (Hoopes, Pamela) (Entered: 04/28/2015) |
| 05/04/2015 | 432 | LETTER TO DISTRICT JUDGE by Minnesota Department of Human Services, Minnesota, State of (Letter re Response to "Memorandum of Amicus Curiae Minnesota Disability Law Center in Support of Plaintiffs' Objections to State's Proposed Olmstead Plan" (Dkt 427)). (Noss, Anthony) (Entered: 05/04/2015) |
| 05/06/2015 | 435 | ORDER. 1. The Court DECLINES TO ADOPT the States Proposed Olmstead Plan (Doc. No. [401-1]). 2. The parties shall submit a revised Olmstead Plan to the Court by July 10, 2015. The revised Olmstead Plan shall encompass the requirements of the Settlement Agreement and prior orders of this Court and shall respond to previously identified gaps and deficiencies in the States proposed Olmstead Plan. 3. In lieu of contempt and other sanctions at this time, the Court requires Defendants to fulfill their obligations in a timely manner for the Courts review and approval; attend any status conferences that may be scheduled by the undersigned or Magistrate Judge Becky R. Thorson regarding the Olmstead Plan; and actively seek input from the consultants to the parties, Dr. Colleen Wieck and Roberta Opheim, in this process. 4. The Court expressly reserves the right to issue an order to show cause or impose sanctions, depending upon the status of compliance with the specific provisions of the Settlement Agreement and the Courts orders, as noted above. (Written Opinion). Signed by Judge Donovan W. Frank on 5/6/2015. (BJS) (Entered: 05/06/2015) |
| 05/13/2015 | 437 | LETTER TO DISTRICT JUDGE DONOVAN W. FRANK dated May 5, 2015, from Colleen Wieck, Ph.D, Executive Director, The Minnesota Governor's Council on Developmental Disabilities in re the Court's Order at 415. (BJS) (Entered: 05/13/2015) |
| 05/13/2015 | 438 | LETTER TO DISTRICT JUDGE DONOVAN W. FRANK dated May 5, 2015, from Roberta C. Opheim, Ombudsman, Office of the Ombudsman for Mental Health and Developmental Disabilities in Re the Court's Order at 415. (BJS) (Entered: 05/13/2015) |
| 05/13/2015 | 439 | REPORT TO THE COURT: Setback Regarding Modernization of Rule 40 by David Ferleger, Court Monitor. (Attachments: # 1 Attachment A - The April 22, 2015 ALJ Decision) (BJS) Modified text on 5/14/2015 (LPH). (Entered: 05/13/2015) |
| 05/15/2015 | 440 | REPORT (Defendants' Eighth Compliance Update Report, Affidavits, and Exhibits) by Minnesota Department of Human Services, Minnesota, State of. (Attachments: # 1 Affidavits Concerning Verification of Defendants Eighth Compliance Update Report and Exhibits, # 2 Exhibit(s) Index, # 3 Exhibit(s) 186 (redacted), # 4 Placeholder for Exhibit 186 (filed under seal), # 5 Placeholder for Exhibits 187 and 188 (filed under seal), # 6 Exhibit(s) 189, # 7 Exhibit(s) 190, # 8 Exhibit(s) 191, # 9 Exhibit(s) 192) (Noss, Anthony) Sealed documents received on 5/15/2015 (JGK). (Entered: 05/15/2015) |
| 05/29/2015 | 457 | ORDER. 1. The State of Minnesota shall be temporarily excused from filing status reports, including the bi-monthly Compliance Update Report and the Minnesota Olmstead Subcabinet Report to the Court, for the months of June and July 2015. 2. The Court reserves the right to address the resumption of status reports at a later date. Signed by Judge Donovan W. Frank on 5/29/2015. (BJS) (Entered: 05/29/2015) |
| 06/18/2015 | 462 | ORDER. 1. The parties are currently in mediation. During this mediation period, the parties' obligations under the Settlement Agreement (Doc. No. 104 ) and other court orders relating to compliance remain in place; however, the parties' reporting obligations to the Court are STAYED. The Court Monitor's reporting is also STAYED. 2. The Court Monitor will remain available to the Court during the mediation period. Further, by request, the parties, Roberta Opheim, and/or Dr. Colleen Wieck may seek the assistance or consultation of Mr. Ferleger during the mediation period. Such requests shall be submitted to the Chambers of U.S. Magistrate Judge Becky R. Thorson by e-mail. Signed by Judge Donovan W. Frank on 6/18/2015. (BJS) (Entered: 06/18/2015) |
| 07/01/2015 | 467 | TEXT ONLY ORDER: The Court has been informed that DHS has made statements suggesting that there is no longer a Court Monitor in this matter. The Court's June 18, 2015 Order (Doc. No. 462 ) expressly stated that during this mediation period, reporting by the parties and the Court Monitor is stayed, but the parties' obligations under the Settlement Agreement and subsequent Court Orders relating to compliance remain in place. In staying the reporting requirements, the Court released DHS from cumbersome reporting, but did not release DHS from complying with the Settlement Agreement and this Court's Orders. Please be advised that this topic will be discussed during the mediation meeting with Magistrate Judge Becky R. Thorson on July 6, 2015. Signed by Judge Donovan W. Frank on 7/1/2015. (BJS) (Entered: 07/01/2015) |
| 07/02/2015 | 469 | TRANSCRIPT of Motions Hearing held on 06/23/2015 before Judge Donovan W. Frank. (89 pages). Court Reporter: Jeanne Anderson (E-mail: Jeanne_Anderson@mnd.uscourts.gov / Telephone: 651-848- 1221). Redaction Request due 7/23/2015. Redacted Transcript Deadline set for 8/3/2015. Release of Transcript Restriction set for 9/30/2015. For information on redaction procedures, please review Local Rule 5.5. (JMA) (Entered: 07/02/2015) |
| 07/09/2015 | 472 | ORDER. The July 10, 2015 deadline for the State of Minnesota to submit a revised Olmstead Plan (see Doc. No. 435 at 9) is EXTENDED to August 10, 2015. The STAY of the reporting requirements of the parties and the Court Monitor during the pendency of the mediation period (see Doc. No. 462 at 2) is EXTENDED to August 10, 2015. The specific reporting requirements of the parties that are stayed include the bi-monthly Defendants Compliance Update Report and the bi-monthly Olmstead Subcabinet Report (see Doc. No. 457 at 2). In extending the stay of the parties reporting requirements, the Court is not releasing the parties from obligations to comply with the Settlement Agreement (Doc. No. 104) or other Court Orders. The Court reserves the right to address the resumption of status reports or any modified reporting obligations by separate Order. Signed by Judge Donovan W. Frank on 07/09/2015. (RLB) (Entered: 07/09/2015) |
| 07/28/2015 | 478 | LETTER TO DISTRICT JUDGE by Minnesota Department of Human Services, Minnesota, State of. (Noss, Anthony) (Entered: 07/28/2015) |
| 07/30/2015 | 480 | LETTER TO DISTRICT JUDGE by Minnesota Department of Human Services, Minnesota, State of. (Noss, Anthony) (Entered: 07/30/2015) |
| 08/03/2015 | 481 | LETTER TO DISTRICT JUDGE by Minnesota Department of Human Services, Minnesota, State of (Letter filed pursuant to Order dated 3-19- 14 (Doc. 286)). (Noss, Anthony) (Entered: 08/03/2015) |
| 08/10/2015 | 486 | LETTER TO DISTRICT JUDGE by Minnesota Department of Human Services, Minnesota, State of (Part 1 of 2). (Attachments: # 1 Minnesota Olmstead Plan, # 2 Appendix C (pp.1-236), # 3 Appendix C (pp.237- 314), # 4 Appendix C (pp.315-465)) (Noss, Anthony) (Entered: 08/10/2015) |
| 08/10/2015 | 487 | LETTER TO DISTRICT JUDGE by Minnesota Department of Human Services, Minnesota, State of (Part 2 of 2). (Attachments: # 1 Appendix C (pp.466-710), # 2 Appendix C (pp. 711-831), # 3 Appendix C (pp. 832-927), # 4 Appendix C (pp. 928-1002)) (Noss, Anthony) (Entered: 08/10/2015) |
| 08/10/2015 | 489 | LETTER TO DISTRICT JUDGE by Minnesota Department of Human Services, Minnesota, State of Olmstead Plan Action Items Crosswalk with August Plan Attachment to Letter. (Attachments: # 1 Olmstead Plan Action Items Crosswalk with August Plan Attachment to Letter) (Noss, Anthony) (Entered: 08/10/2015) |
| 08/11/2015 | 490 | TEXT ONLY ORDER: On August 10, 2015, the State of Minnesota submitted a revised Olmstead Plan to the Court. (See Doc. No. 486-1.) Plaintiffs' Counsel shall submit any comments or objections to the revised Olmstead Plan by August 28, 2015. Signed by Judge Donovan W. Frank on 8/11/2015. (BJS) (Entered: 08/11/2015) |
| 08/12/2015 | 491 | LETTER TO DISTRICT JUDGE by Minnesota Department of Human Services, Minnesota, State of (Amended Version of Letter Filed on August 10, 2015). (Noss, Anthony) (Entered: 08/12/2015) |
| 08/19/2015 | 493 | LETTER TO DISTRICT JUDGE by Darren Allen, James Brinker, Elizabeth Jacobs, James Jensen, Lorie Jensen . (Azman, Mark) (Entered: 08/19/2015) |
| 08/20/2015 | 495 | TEXT ONLY ORDER: On August 10, 2015, the State of Minnesota submitted a revised Olmstead Plan to the Court. (See Doc. No. 486-1.) On August 19, 2015, Plaintiffs' Counsel submitted its responses and objections to the revised Olmstead Plan. (See Doc. No. 493.) The Court invites Defendant Department of Human Services to submit a response to the objections raised by Plaintiffs' Counsel no later than August 27, 2015. Signed by Judge Donovan W. Frank on 8/20/2015. (BJS) (Entered: 08/20/2015) |
| 08/27/2015 | 503 | LETTER TO DISTRICT JUDGE. (las) (Entered: 08/28/2015) |
| 08/31/2015 | 504 | ORDER OF REASSIGNMENT OF RELATED CASES that 15-cv-3439 (RHK/FLN) has been reassigned to Judge Donovan W. Frank and Magistrate Judge Becky R. Thorson. Signed by Judge Donovan W. Frank and Judge Richard H. Kyle on 8/31/2015. (lmb) (Entered: 09/01/2015) |
| 09/18/2015 | 508 | LETTER TO DISTRICT JUDGE by Minnesota Department of Human Services, Minnesota, State of (Letter response to Brief of Amicus Curiae Ivan M. Levy (Doc. 506)). (Noss, Anthony) (Entered: 09/18/2015) |
| 09/29/2015 | 510 | ORDER. 1. The Court APPROVES the State's Olmstead Plan (Doc. No. 486 -1). 2. The Court reserves ruling on the approval of the Olmstead Plan's implementation plan because corresponding workplans are not yet submitted to the Court. (See Doc. No. 486 -1 at 16.) Once these workplans are submitted, the Court will review and approve the implementation plan based on the recommendations and input of Magistrate Judge Becky R. Thorson. 3. The Court reserves the right to exercise its continuing jurisdiction with respect to the revised Olmstead Plan to ensure that compliance with the Settlement Agreement is verified going forward. This paragraph contemplates that the Court will continue to carry out its oversight responsibility to oversee the State's efforts in following through on the significant commitments it has made. (Written Opinion). Signed by Judge Donovan W. Frank on 9/29/2015. (BJS) Modified text on 9/30/2015 (lmb). (Entered: 09/29/2015) |
| 09/30/2015 | 511 | LETTER TO DISTRICT JUDGE by Darren Allen, James Brinker, Elizabeth Jacobs, James Jensen, Lorie Jensen. (Attachments: # 1 Exhibit(s), # 2 Exhibit(s)) (Azman, Mark) (Entered: 09/30/2015) |
| 10/09/2015 | 515 | LETTER TO DISTRICT JUDGE by Minnesota Department of Human Services, Minnesota, State of (Cover letter from Commissioner Jesson regarding Olmstead Plan's Workplans). (Attachments: # 1 Cover Letter to Olmstead Plan Workplans, # 2 Olmstead Plan Workplans) (Noss, Anthony) (Entered: 10/09/2015) |
| 11/06/2015 | 521 | ORDER re 515. The Court APPROVES the States Olmstead Plan Workplans. (Doc. No. [515-2].) See Order for details. Signed by Judge Donovan W. Frank on 11/06/2015. (RLB) (Entered: 11/06/2015) |
| 11/09/2015 | 522 | LETTER TO MAGISTRATE JUDGE by Minnesota Department of Human Services, Minnesota, State of Letter from Mary Tingerthal, Chair, Olmstead Subcabinet, with attachments. (Noss, Anthony) (Entered: 11/09/2015) |
| 11/12/2015 | 523 | LETTER TO MAGISTRATE JUDGE by Minnesota Department of Human Services, Minnesota, State of (Letter from Mary Tingerthal, Chair, Olmstead Subcabinet with attachments). (Noss, Anthony) (Entered: 11/12/2015) |
| 01/05/2016 | 529 | LETTER TO DISTRICT JUDGE by Minnesota Department of Human Services, Minnesota, State of (letter from Charles E. Johnson, Deputy Commissioner). (Attachments: # 1 Minnesota Olmstead Subcabinet Report to the Court - Status Update March 1, 2015 - September 30, 2015, Gap Report) (Noss, Anthony) (Entered: 01/05/2016) |
| 02/01/2016 | 530 | LETTER TO DISTRICT JUDGE by Minnesota Department of Human Services, Minnesota, State of (Letter from Charles E. Johnson, Deputy Commissioner, to the Honorable Donovan W. Frank). (Noss, Anthony) (Entered: 02/01/2016) |
| 02/02/2016 | 531 | REPORT Jensen Settlement Agreement Comprehensive Plan of Action (CPA) - Ninth Compliance Update Report, Reporting Period: May 1-September 30, 2015 by Minnesota Department of Human Services, Minnesota, State of. (Attachments: # 1 Placeholder for Jensen Settlement Agreement Comprehensive Plan of Action (CPA) - Ninth Compliance Update Report, Reporting Period: May 1-September 30, 2015 (non-redacted version), # 2 Placeholder for Identifier Key to Jensen Settlement Agreement Comprehensive Plan of Action (CPA) - Ninth Compliance Update Report, Reporting Period: May 1-September 30, 2015, # 3 Affidavits for Jensen Settlement Agreement Comprehensive Plan of Action (CPA) - Ninth Compliance Update Report, Reporting Period: May 1-September 30, 2015) (Noss, Anthony) Sealed documents received on 2/2/2016 (JGK). (Entered: 02/02/2016) |
| 02/10/2016 | 537 | STATUS REPORT Regarding Plaintiffs' Proposal for Reporting on Jensen Agreement by Darren Allen, James Brinker, Elizabeth Jacobs, James Jensen, Lorie Jensen. (Attachments: # 1 Exhibit(s) A, # 2 Appendix A) (Azman, Mark) (Entered: 02/10/2016) |
| 02/10/2016 | 538 | STATUS REPORT Regarding Plaintiffs' Proposal for Reporting on Olmstead Plan by Darren Allen, James Brinker, Elizabeth Jacobs, James Jensen, Lorie Jensen. (Attachments: # 1 Exhibit(s) A) (Azman, Mark) (Entered: 02/10/2016) |
| 02/12/2016 | 539 | REQUEST (Defendants' Proposal on Compliance Reporting) by Minnesota Department of Human Services, Minnesota, State of. (Attachments: # 1 Appendix A) (Noss, Anthony) (Entered: 02/12/2016) |
| 02/12/2016 | 540 | LETTER TO DISTRICT JUDGE by Minnesota Department of Human Services, Minnesota, State of (Letter from Commissioner Mary Tingerthal, Chair, Olmstead Subcabinet, with Attachments A-E). (Attachments: # 1 Defendants' Proposal for Olmstead Plan Compliance Reporting, # 2 Exhibit(s) A (Quality Reporting Schedule for Olmstead Plan Measurable Goals)) (Noss, Anthony) (Entered: 02/12/2016) |
| 02/22/2016 | 544 | ORDER FOR REPORTING ON OLMSTEAD PLAN. 1. The Minnesota Department of Human Services ("DHS") shall submit to the Court, Plaintiffs' Class Counsel, the Ombudsman for Mental Health and Developmental Disabilities, and the Executive Director of the Minnesota Governor's Council on Developmental Disabilities ("Consultants") quarterly and annual status reports regarding Olmstead Plan implementation based on the schedule listed in the attached Exhibit A entitled "Quarterly Reporting Schedule for Olmstead Plan Measurable Goals." 2. The initial quarterly status report shall include data acquired by the Olmstead Implementation Office through the last day of January 2016, and shall be due on February 29, 2016. (See attached Exhibit A.) (See Order for additional information.) Signed by Judge Donovan W. Frank on 2/22/2016. (Attachments: # 1 Exhibit(s) A) (BJS) (Entered: 02/22/2016) |
| 02/22/2016 | 545 | ORDER FOR REPORTING ON SETTLEMENT AGREEMENT. 1. The Minnesota Department of Human Services ("DHS") shall submit to the Court, Plaintiffs' Class Counsel, the Ombudsman for Mental Health and Developmental Disabilities, and the Executive Director of the Minnesota Governor's Council on Developmental Disabilities ("Consultants") exception, semi-annual, and annual Comprehensive Plan of Action ("CPA") reports based on the schedule listed in the attached Exhibit A entitled "Jensen Settlement Agreement Comprehensive Plan of Action Reporting Schedule. Appendix A." (See attached Exhibit A.) 2. Semi-annual reporting shall occur according to the following schedule: a. First semi-annual (January, February, March, April, May, June) CPA report due date August 31.2 b. Second semi- annual (July, August, September, October, November, December) CPA report due date February 28, or, in the case of a leap year, February 29. (See Order for additional information.) (Written Opinion). Signed by Judge Donovan W. Frank on 2/22/2016. (Attachments: # 1 Exhibit(s) A) (BJS) (Entered: 02/22/2016) |
| 02/29/2016 | 547 | LETTER TO DISTRICT JUDGE by Minnesota Department of Human Services, Minnesota, State of (Letter from Charles E. Johnson, Deputy Commissioner regarding Minnesota Olmstead Subcabinet Quarterly Report on Measurable Goals, Feb. 22, 2016. (Attachments: # 1 Minnesota Olmstead Subcabinet Quarterly Report on Measurable Goals, Feb. 22, 2016, # 2 Verification of Michael Tessneer)(Noss, Anthony) (Entered: 02/29/2016) |
| 03/18/2016 | 551 | ORDER. 1. Defendants' Verification Obligations. (See attached Exhibit A for a summary of the verification obligations discussed below.); 2. Changes to Subsequent Compliance Update Reports; 3. Court Monitoring. (See attached Exhibit B for a summary of the verification duties discussed below.) 4. Other Reporting Requirements (See Order for details on each ruling.) (Written Opinion). Signed by Judge Donovan W. Frank on 3/18/2106. (Attachments: # 1 Exhibit A, # 2 Exhibit B) (BJS) (Entered: 03/18/2016) |
| 03/31/2016 | 553 | LETTER TO DISTRICT JUDGE by Minnesota Department of Human Services, Minnesota, State of (Letter from Charles Johnson, Deputy Commissioner enclosing Jensen Settlement Agreement Comprehensive Plan of Action (CPA) 2015 Compliance Annual Report). (Attachments: # 1 Jensen Settlement Agreement Comprehensive Plan of Action (CPA) 2015 Compliance Annual Report, Reporting Period: January 1 December 31, 2015, # 2 Placeholder for Identifier Key to Jensen Settlement Agreement Comprehensive Plan of Action (CPA) 2015 Compliance Annual Report, Reporting Period: January 1 December 31, 2015, # 3 Affidavits to Jensen Settlement Agreement Comprehensive Plan of Action (CPA) 2015 Compliance Annual Report, Reporting Period: January 1 December 31, 2015) (Noss, Anthony) Received Sealed Document 3/31/2016. Modified on 4/1/2016 (JLW). (Entered: 03/31/2016) |
| 04/12/2016 | 558 | ORDER. 1. Defendants will have until May 13, 2016 to submit an updated Olmstead Plan that incorporates their proposed goals for the remaining topic areas. 2. If the parties require further mediated discussions, they must contact Magistrate Judge Becky R. Thorson's Chambers before April 18, 2016 for scheduling. Signed by Judge Donovan W. Frank on 4/12/2016. (BJS) (Entered: 04/12/2016) |
| 04/19/2016 | 562 | TEXT ONLY ORDER: The deadline imposed in the Court's April 12, 2016 Order, (see Doc. No. 558 at 3), for the Defendants to submit an updated Olmstead Plan that incorporates their proposed goals for the two remaining topic areas is extended to June 1, 2016. Signed by Judge Donovan W. Frank on 4/19/2016. (BJS) (Entered: 04/19/2016) |
| 04/29/2016 | 563 | TEXT ONLY ORDER: The deadline imposed in the Courts March 18, 2016 Order, (see 551 at 23), for the Court Monitor to complete his verification efforts relating to Mobile Teams and the Successful Life Project is extended to May 13, 2016. By this date, the Court Monitor shall submit a summary report to the Court no more than fifteen pages in length. Signed by Judge Donovan W. Frank on 04/29/2016. (RLB) (Entered: 04/29/2016) |
| 05/11/2016 | 565 | REPORT TO THE COURT: Comprehensive Plan of Action - Evaluation Criteria 93 and 98 by Independent Consultant and Monitor David Ferleger. (BJS) (Entered: 05/11/2016) |
| 05/27/2016 | 569 | LETTER TO DISTRICT JUDGE by Minnesota Department of Human Services, Minnesota, State of (Letter from Deputy Commissioner Charles E. Johnson Regarding Minnesota Olmstead Subcabinet Quarterly Report on Olmstead Plan Measurable Goals, Reporting Period - data acquired through April 30, 2016. (Attachments: # 1 Minnesota Olmstead Subcabinet Quarterly Report on Olmstead Plan Measurable Goals, Reporting Period - data acquired through April 30, 2016, # 2 Verification Regarding Minnesota Olmstead Subcabinet Quarterly Report on Olmstead Plan Measurable Goals, Reporting Period - data acquired through April 30, 2016) (Noss, Anthony) (Entered: 05/27/2016) |
| 05/31/2016 | 571 | LETTER TO DISTRICT JUDGE by Minnesota Department of Human Services, Minnesota, State of (Letter from Deputy Commissioner Charles E. Johnson dated May 31, 2016 regarding updated Olmstead Plan). (Attachments: # 1 Summary of Proposed June 2016 Updates to the Olmstead Plan, with Minnesota's Olmstead Plan, June 1, 2016 Update (black lined), # 2 Minnesota's Olmstead Plan, June 1, 2016 Update (clean version)) (Noss, Anthony) (Entered: 05/31/2016) |
| 05/31/2016 | 573 | EXHIBIT re 572 Report, Exhibits A and B to Jensen Settlement Agreement Comprehensive Plan of Action (CPA), Report to the Court In Response to March 18, 2016 Order (Doc. No. 551) Filed May 31, 2016 by Minnesota Department of Human Services, Minnesota, State of. (Noss, Anthony) (Entered: 05/31/2016) |
| 06/17/2016 | 577 | LETTER TO DISTRICT JUDGE by Minnesota Department of Human Services, Minnesota, State of Letter from Charles E. Johnson, Deputy Commissioner. (Attachments: # 1 Letter from Commissioner Mary Tingerthal, Chair, Olmstead Subcabinet) (Noss, Anthony) (Entered: 06/17/2016) |
| 06/21/2016 | 578 | ORDER. 1. Jensen Settlement Agreement & Comprehensive Plan of Action a. External Reviewer Function i. The Court has received and reviewed the parties submissions and proposed orders regarding the External Reviewer function. Each party and the Consultants also had an opportunity to comment on these proposals during the June 6, 2016 Biannual Status Conference. The Court declines to adopt either proposed order. Absent agreement of the parties regarding whether or how to amend the External Reviewer function as set forth in the Jensen Settlement Agreement and the CPA, the Court concludes it is most appropriate to maintain the status quo. The External Reviewer function will continue to be governed by the provisions of the Jensen Settlement Agreement, the CPA, and prior orders of the Court. (See Doc. No. 136-1, Stipulated Class Action Settlement Agreement at 11-13; Doc. No. 212, April 25, 2013 Order at 6; Doc. No. 283, Second Amended Comprehensive Plan of Action at 13-14.) Thus, the Court Monitor will continue to fill the External Reviewer role for the purposes previously established by agreement of the parties. (See id.) ii. As directed under the Court's March 18, 2016 Order, the Court Monitor's duties in this regard, including reporting requirements, are currently stayed. (See Doc. No. 551 at 24.) The Court reserves the right to order that these duties resume or make further modifications to the Court Monitor's duties at any time consistent with the Court's exercise of its discretion. (See id.) iii. Nothing in this Order precludes the parties from further meeting and conferring or from submitting additional proposals or stipulations on the External Reviewer function. If the parties do so, the Court urges the parties to collaborate with the Consultants. (See Order for additional information.) Signed by Judge Donovan W. Frank on 6/21/2016. (BJS) (Entered: 06/21/2016) |
| 08/01/2016 | 581 | LETTER TO DISTRICT JUDGE by Minnesota Department of Human Services, Minnesota, State of (Letter from Charles E. Johnson, Deputy Commissioner re: New Olmstead Plan Workplans). (Attachments: # 1 Olmstead Plan Workplans for the June 1, 2016 Update - July 29, 2016) (Noss, Anthony) (Entered: 08/01/2016) |
| 08/29/2016 | 587 | ORDER. 1. The Court APPROVES the State's additional Olmstead Plan Workplans. 2. The Court notes that these Workplans cover only a "one to two-year time span," (Doc. No. 581), and "are intended to be flexible blueprints capable of modification when necessary to better accomplish strategies." (Id.) The Court reserves the right to exercise its continuing jurisdiction to ensure that compliance with the Settlement Agreement is verified going forward. The Court will continue to carry out its oversight responsibility as the Workplans are updated to oversee the States efforts in following through on the commitments it has made. Signed by Judge Donovan W. Frank on 8/29/2016. (BJS) (Entered: 08/29/2016) |
| 08/31/2016 | 588 | LETTER TO DISTRICT JUDGE by Minnesota Department of Human Services, Minnesota, State of. (Attachments: # 1 Minnesota Olmstead Subcabinet Quarterly Report on Olmstead Plan Measurable Goals Reporting Period data acquired through July 31, 2016 Date Report Approved by Subcabinet August 22, 2016, # 2 Verification of Michael Tessneer) (Noss, Anthony) (Entered: 08/31/2016) |
| 08/31/2016 | 589 | REPORT (Jensen Settlement Agreement Comprehensive Plan of Action (CPA) August 2016 Semi Annual Compliance Report Reporting Period: October 1, 2015 June 30, 2016) by Minnesota Department of Human Services, Minnesota, State of. (Attachments: # 1 Placeholder for Identifier Key to Jensen Settlement Agreement Comprehensive Plan of Action (CPA) August 2016 Semi Annual Compliance Report Reporting Period: October 1, 2015 June 30, 2016, # 2 Affidavits regarding Jensen Settlement Agreement Comprehensive Plan of Action (CPA) August 2016 Semi Annual Compliance Report Reporting Period: October 1, 2015 June 30, 2016) (Noss, Anthony) Sealed document received on 8/31/2016. Modified on 9/19/2016 (JGK). (Entered: 08/31/2016) |
| 09/21/2016 | 593 | ORDER. 1. David Ferleger remains appointed as the Court Monitor and External Reviewer in this case. Pursuant to the Court's March 18, 2016 Order, the Court Monitor's duties directed under prior Orders, including periodic reporting requirements, were stayed. (Doc. No. 551 at 24.) The Court, however, stated that it "reserve[d] the right to direct the Court Monitor to investigate and verify other issues that may arise in the future," and that it "may issue subsequent orders on the scope of the Court Monitor's role." (Id.) 2. A separate Order will follow indicating the next steps the Court Monitor will take regarding the investigation and monitoring of Defendants' compliance with the Jensen Settlement Agreement and the CPA. Signed by Judge Donovan W. Frank on 9/21/2016. (BJS) (Entered: 09/21/2016) |
| 09/29/2016 | 595 | ORDER. 1. The Court's stay on the Court Monitor's duties is hereby lifted as follows. The Court Monitor shall review the Jensen Settlement Agreement Comprehensive Plan of Action (CPA) August 2016 Semi- Annual Compliance Report, Reporting Period: October 1, 2015 June 30, 2016 (Doc. No. 589), along with prior reports that addressed ECs not covered in the most recent report, review the JSA and CPA, and provide the Court with a report that assesses substantial compliance with regard to all components of the JSA and CPA based on his review of those documents. In addition, the Court Monitor shall identify in its report to the Court those areas where he needs more information and his recommendation for obtaining that information. The Court Monitor's report should be provided to the Court by October 21, 2016. Signed by Judge Donovan W. Frank on 9/29/2016. (BJS) (Entered: 09/29/2016) |
| 09/30/2016 | 596 | LETTER TO DISTRICT JUDGE by Minnesota Department of Human Services, Minnesota, State of (Letter from Charles E. Johnson, Deputy Commissioner of DHS, to Honorable Donovan W. Frank Regarding Olmstead Plan Refreshed Workplans). (Attachments: # 1 Letter from Mary Tingerthal, Chair, Olmstead Subcabinet, # 2 Olmstead Plan Workplans, September 28, 2016) (Noss, Anthony) (Entered: 09/30/2016) |
| 10/26/2016 | 597 | TEXT ONLY ENTRY ORDER: The Court is in receipt of the refreshed Olmstead Plan Workplans, filed on September 30, 2016. (Doc. No. 596.) The next status conference on the Olmstead Plan will be held before the Court in January 2017. The Court will invite proposals for agenda items at a later date. Any concerns about the Workplans can be brought to the Court's attention at that time. Signed by Judge Donovan W. Frank on 10/26/2016. (BJS) (Entered: 10/26/2016) |
| 10/26/2016 | 599 | ORDER. 1. Absent further order of the Court, the Court Monitor shall meet about the substance of the Court Monitor's compliance assessment report with the parties or party representatives1 on or before November 14, 2016, to discuss the areas identified by the Court Monitor as being in non-compliance or inconclusive, and to discuss verification processes and concerns. 2. The Court Monitor may amend his compliance assessment report as he finds appropriate after the meet and confer and shall file his compliance assessment report (as amended) on or before November 28, 2016. 3. Defendants may thereafter file a response to the Court Monitor's compliance assessment report by December 12, 2016. 4. The next bi-annual Status Conference in this case will be held on December 22, 2016, at 1:00 p.m., in Courtroom 7C, Warren E. Burger Federal Building and United States Courthouse, 316 North Robert Street, St. Paul, Minnesota, before Judge Donovan W. Frank and Magistrate Judge Becky R. Thorson. The Status Conference will include time for the parties, Court Monitor, and Court Consultants to present positions, comments, or recommendations regarding the current status of compliance or non-compliance of the Jensen Settlement Agreement and Comprehensive Plan of Action ("CPA"). Signed by Judge Donovan W. Frank on 10/26/2016. (BJS) (Entered: 10/26/2016) |
| 11/28/2016 | 602 | LETTER TO DISTRICT JUDGE by Minnesota Department of Human Services, Minnesota, State of (Letter filing Minnesota Olmstead Subcabinet Quarterly Report on Olmstead Plan Measurable Goals, Reporting Period Data acquired through October 31, 2016, pursuant to Court's Orders at Doc. Nos. 544 and 578). (Attachments: # 1 Minnesota Olmstead Subcabinet Quarterly Report on Olmstead Plan Measurable Goals, Reporting Period Data acquired through October 31, 2016, # 2 Verification of Michael Tessneer) (Noss, Anthony) (Entered: 11/28/2016) |
| 11/29/2016 | 604 | REPORT TO THE COURT: Compliance Assessment Pursuant to Order of September 29, 2016 (Doc. No. 595) by Court Monitor |
| 12/12/2016 | 606 | LETTER TO DISTRICT JUDGE by Minnesota Department of Human Services, Minnesota, State of (Letter Filing Department of Human Services Response to Court Monitors Compliance Assessment (Doc. No. 604) Pursuant to October 26, 2016 Order (Doc. No. 599) Filed December 12, 2016). (Attachments: # 1 Letter from Commissioner Emily Piper Enclosing Department of Human Services Response to Court Monitors Compliance Assessment (Doc. No. 604) Pursuant to October 26, 2016 Order (Doc. No. 599) Filed December 12, 2016, # 2 Department of Human Services Response to Court Monitors Compliance Assessment (Doc. No. 604) Pursuant to October 26, 2016 Order (Doc. No. 599) Filed December 12, 2016) (Noss, Anthony) (Entered: 12/12/2016) |
| 12/22/2016 | 608 | ORDER. The Court's agenda for the January 5, 2017 Status Conference is as follows: 1. Call to Order 2. Introductions 3. Overview by the Court 4. Discussion of Selected Evaluation Criteria (ECs) a. Defendants shall report on what actions they have completed or efforts they have undertaken with respect to the following ECs: i. EC 6. Restraint: Prohibited Restraint Not Used ii. EC 8. Restraint: Emergency Restraint Only iii. EC 9. Restraint Policy Followed iv. EC 25. Abuse/Neglect Investigations v. EC 26. Abuse/Neglect Staff Discipline vi. EC 27. Abuse/Neglect: Prosecution Referral vii. EC 89. MLB Staff Experience viii. EC 90. Integrated Vocational Options ix. EC 91. Person-Centered Planning Requirements Met x. EC 92. Transition Planning Requirements Met xi. EC 93. Diversion Supports and Data Analysis xii. EC 94. Licensure Required Under CPA xiii. EC 96. Staff Training Emphasizes Community xiv. EC 98. Successful Life Project b. To accomplish item 4a., above, Defendants shall identify individuals with knowledge to report on what actions they have completed or efforts they have undertaken with respect to each EC, along with presentations by counsel for Defendants, if any. c. Following Defendants' presentation for each EC, the Court Monitor, Plaintiffs' Class Counsel, and the Consultants may present or provide comments or observations regarding these ECs. 5. Follow-Up Items from June 6, 2016 Biannual Status Conference a. Defendants' Verification Protocols. (See Doc. No. 578 at 6-7.) b. Communications Plan Addressing Misconceptions. (See id. at 11.) 6. Opportunities for Clarification in Compliance Reporting a. DHS request for clarification in compliance reporting on ECs 1, 51, 65, 66, 69, 93, 96. 7. Next Steps. Signed by Judge Donovan W. Frank on 12/22/2016. (BJS) (Entered: 12/22/2016) |
| 12/23/2016 | 609 | LETTER TO DISTRICT JUDGE by Minnesota Department of Human Services, Minnesota, State of (Letter from Deputy Commissioner Charles E. Johnson to the Honorable Donovan W. Frank enclosing the Minnesota Olmstead Subcabinet Annual Report on Olmstead Plan Implementation, Reported Period data acquired through October 31, 2016, Date Report Approved by Subcabinet December 19, 2016). (Attachments: # 1 Minnesota Olmstead Subcabinet Annual Report on Olmstead Plan Implementation, Reported Period data acquired through October 31, 2016, Date Report Approved by Subcabinet December 19, 2016, # 2 Verification of Michael Tessneer dated Dec. 22, 2016) (Noss, Anthony) (Entered: 12/23/2016) |
| 01/17/2017 | 612 | ORDER. 1. DHS shall submit the following reports according to the schedule identified in the Court's Order for Reporting on Settlement Agreement (see Doc. No. 545):a. Semi-Annual Compliance Report covering the period of July 1, 2016 to December 31, 2016 (due February 28, 2017). b. Annual Report covering the period of January 1, 2016 to December 31, 2016 (due March 31, 2017). 2. In all future reports, DHS shall incorporate the improvements and clarifications it identified in its Response to the Court Monitor's Compliance Assessment with respect to ECs 1, 51, 65, 66, 69, 93, and 96. (See Doc. No. 606-2.) 3. The Court Monitor's duties shall remain stayed pending DHS's submission of the above reports. Once the reports are submitted, the Court will determine the extent to which any follow-up monitoring or DHS verification is needed. The Court reserves the right to direct the Court Monitor to investigate or verify other issues that may arise. Signed by Judge Donovan W. Frank on 1/17/2017. (BJS) (Entered: 01/17/2017) |
| 02/24/2017 | 614 | LETTER TO DISTRICT JUDGE by Minnesota Department of Human Services, Minnesota, State of (Letter from Deputy Commissioner Charles E. Johnson enclosing February 2017 Semi-Annual Compliance Report, Reporting Period July 1, 2016 - December 31, 2016). (Attachments: # 1 Jensen Settlement Agreement Comprehensive Plan of Action (CPA) February 2017 Semi Annual Compliance Report Reporting Period: July 1, 2016 - December 31, 2016, # 2 Placeholder for Unredacted Version of Jensen Settlement Agreement Comprehensive Plan of Action (CPA) February 2017 Semi Annual Compliance Report Reporting Period: July 1, 2016 - December 31, 2016, # 3 Placeholder for Identifier Key to Jensen Settlement Agreement Comprehensive Plan of Action, # 4 Affidavits concerning verification of February 2017 Semi- Annual Compliance Report) (Noss, Anthony) Sealed document received on 2/24/2017 (JGK). (Entered: 02/24/2017) |
| 02/28/2017 | 616 | LETTER TO DISTRICT JUDGE by Minnesota Department of Human Services, Minnesota, State of (Letter from Charles E. Johnson, Deputy Commissioner of DHS to Honorable Donovan W. Frank regarding the Olmstead Plan February 2017 Revision.). (Attachments: # 1 Putting the Promise of Olmstead into Practice: Minnesota's Olmstead Plan February 2017 Revision (tracked changes), # 2 Putting the Promise of Olmstead into Practice: Minnesota's Olmstead February 2017 Revision) (Winter, Aaron) (Entered: 02/28/2017) |
| 02/28/2017 | 617 | LETTER TO DISTRICT JUDGE by Minnesota Department of Human Services, Minnesota, State of (Letter from Deputy Commissioner Charles E. Johnson filing Minnesota Olmstead Subcabinet Quarterly Report on Olmstead Plan Measurable Goals, Reporting Period data acquired through January 31, 2017). (Attachments: # 1 Minnesota Olmstead Subcabinet Quarterly Report on Olmstead Plan Measurable Goals, Reporting Period data acquired through January 31, 2017, # 2 Verification of Michael Tessneer) (Noss, Anthony) (Entered: 02/28/2017) |
| 03/16/2017 | 619 | ORDER. The Court's agenda for the March 24, 2017 Status Conference is as follows: (See Order for details.) Signed by Judge Donovan W. Frank on 3/16/2017. (BJS) (Entered: 03/16/2017) |
| 03/31/2017 | 622 | Redacted Document for 621 Sealed Jensen Settlement Agreement Comprehensive Plan Of Action (CPA) March 2017 Annual Compliance Report Reporting Period: January 1, 2016 December 31, 2016 . (Winter, Aaron) (Entered: 03/31/2017) |
| 03/31/2017 | 625 | LETTER TO DISTRICT JUDGE by Minnesota Department of Human Services, Minnesota, State of (Letter from Deputy Commissioner E. Johnson dated March 24, 2017 regarding the Comprehensive Plan Of Action (CPA) March 2017 Annual Compliance Report Reporting Period: January 1, 2016 December 31, 2016. (Attachments: # 1 Affidavits to Jensen Settlement Agreement Comprehensive Plan Of Action (CPA) March 2017 Annual Compliance Report Reporting Period: January 1, 2016 December 31, 2016) (Winter, Aaron) (Entered: 03/31/2017) |
| 04/05/2017 | 626 | ORDER. 1. At the March 24, 2017 Biannual Status Conference, Commissioner Mary Tingerthal, the Chair of the Olmstead Subcabinet, presented two administrative proposals for the Court's approval. First, Commissioner Tingerthal proposed an adjustment to the current reporting schedule to move the deadline for reporting Olmstead Plan amendments to March 31. Second, Commissioner Tingerthal proposed that Olmstead Plan Workplans no longer be submitted to the Court for review or approval. The Court appreciates Commissioner Tingerthal's attentiveness to ensuring the accuracy of Olmstead Plan reporting and the efficiency of the Olmstead Subcabinet's efforts. Consistent with these aims, the Court APPROVES Commissioner Tingerthal's proposals. To the extent prior Orders of the Court are inconsistent with these proposals, they are hereby superseded. 2. In light of Defendants' objection to the Court's jurisdiction, the Court directs the parties to submit briefing on this issue, addressing whether the Court presently has jurisdiction over this case. The parties shall meet and confer to establish a briefing schedule and submit a proposal to the Court for approval no later than Friday, April 14, 2017. If the parties cannot agree on a briefing schedule, the Court will impose a schedule. The Court reserves the right to hold a hearing on Defendants' jurisdictional objection or direct further briefing from the parties. Signed by Judge Donovan W. Frank on 4/5/2017. (BJS) (Entered: 04/05/2017) |
| 04/14/2017 | 628 | LETTER TO DISTRICT JUDGE by Minnesota Department of Human Services, Minnesota, State of (regarding Doc 626). (Ikeda, Scott) (Entered: 04/14/2017) |
| 04/14/2017 | 629 | LETTER TO DISTRICT JUDGE by Darren Allen, James Brinker, Elizabeth Jacobs, James Jensen, Lorie Jensen . (Azman, Mark) (Entered: 04/14/2017) |
| 04/18/2017 | 630 | TEXT ONLY ORDER: The Court has reviewed the letters submitted by the parties addressing the briefing schedule on Defendants' objection to the Court's jurisdiction over this matter. (Doc. Nos. 628 , 629 .) The parties shall submit briefs on this issue consistent with this Order. First, Defendants shall file an opening brief no later than Friday, April 28, 2017. Second, Plaintiffs shall file a response no later than Friday, May 19, 2017. Third, Defendants shall file a reply no later than Friday, June 2, 2017. The Court concludes this schedule is appropriate in light of the Local Rules establishing time limits for briefing on dispositive motions. See LR 7.1(c) (2)-(3). The Court reserves the right to hold a hearing. Signed by Judge Donovan W. Frank on 4/18/2017. (BJS) (Entered: 04/18/2017) |
| 04/28/2017 | 631 | STATE DEFENDANTS' MEMORANDUM OF LAW IN SUPPORT OF DISMISSAL FOR LACK OF JURISDICTION re 630 Order (Text Only). (Ikeda, Scott) Modified text on 5/2/2017 (LEG). (Entered: 04/28/2017) |
| 05/02/2017 | 633 | TRANSCRIPT of Biannual Status Conference held on 03/24/2017 before Judge Donovan W. Frank. (112 pages). Court Reporter: Jeanne Anderson/Carla Bebault. For a copy of the transcript, please file a Transcript Request under Other Filings/Other Documents. For information on redaction procedures, please review Local Rule 5.5. Redaction Request due 5/23/2017. Redacted Transcript Deadline set for 6/2/2017. Release of Transcript Restriction set for 7/31/2017. (JMA) (Entered: 05/02/2017) |
| 05/30/2017 | 636 | LETTER TO DISTRICT JUDGE by Minnesota Department of Human Services, Minnesota, State of (Letter from Charles E. Johnson, Deputy Commissioner, to the Honorable Donovan W. Frank, regarding Minnesota Olmstead Subcabinet May 22, 2017 Quarterly Report on Measurable Goals). (Attachments: # 1 Minnesota Olmstead Subcabinet May 22, 2017 Quarterly Report on Measurable Goals, # 2 Verification of Michael Tessneer) (Noss, Anthony) (Entered: 05/30/2017) |
| 06/02/2017 | 637 | BRIEF re 630 Order (Text Only),,, Defendants' Reply in Support of Dismissal for Lack of Jurisdiction). (Ikeda, Scott) (Entered: 06/02/2017) |
| 06/28/2017 | 638 | ORDER. 1. Defendants' objection to the Court's continuing jurisdiction is OVERRULED. 2. Absent further order of the Court, all reporting obligations previously imposed shall remain in place. 3. The Court will convene a bi-annual status conference in this matter in December 2017. Prior to this status conference, the parties shall meet and confer to discuss the essential steps that remain in Defendants' implementation of the Agreement before the Court can equitably terminate its jurisdiction over this matter. (Written Opinion). Signed by Judge Donovan W. Frank on 6/28/2017. (BJS) (Entered: 06/28/2017) |
| 07/27/2017 | 640 | TRANSMITTAL OF APPEAL LETTER TO U.S. COURT OF APPEALS, 8TH CIRCUIT, Re: Notice of Appeal to 8th Circuit 639 . (lmb) (Entered: 07/27/2017) |
| 07/31/2017 | 641 | USCA Case Number 17-2653 for 639 Notice of Appeal to 8th Circuit filed by Minnesota Department of Human Services, Minnesota, State of. (AKL) (Entered: 08/01/2017) |
| 08/30/2017 | 644 | Redacted Document for 643 Sealed Jensen Settlement Agreement Comprehensive Plan of Action (CPA) August 2017 Semi-Annual Compliance Report, Reporting Period: Jan. 1, 2017 June 30, 2017. (Noss, Anthony) (Entered: 08/30/2017) |
| 09/20/2017 | 653 | ORDER of USCA as to 639 Notice of Appeal to 8th Circuit filed by Minnesota Department of Human Services, Minnesota, State of (received electronically from COA) (AKL) (Entered: 09/21/2017) |
| 10/20/2017 | 655 | MOTION to Stay Pending Appeal filed by Minnesota Department of Human Services, Minnesota, State of. (Ikeda, Scott) (Entered: 10/20/2017) |
| 10/20/2017 | 656 | NOTICE OF HEARING ON MOTION 655 MOTION to Stay Pending Appeal at date and time to be determined. (Ikeda, Scott) (Entered: 10/20/2017) |
| 10/20/2017 | 657 | MEET and CONFER STATEMENT re 655 Motion to Stay filed by Minnesota Department of Human Services, Minnesota, State of.(Ikeda, Scott) (Entered: 10/20/2017) |
| 10/20/2017 | 658 | MEMORANDUM in Support re 655 MOTION to Stay Pending Appeal filed by Minnesota Department of Human Services, Minnesota, State of. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate) (Ikeda, Scott) (Entered: 10/20/2017) |
| 10/20/2017 | 660 | PROPOSED ORDER TO JUDGE re 655 MOTION to Stay Pending Appeal filed by Minnesota Department of Human Services, Minnesota, State of. (Ikeda, Scott) (Entered: 10/20/2017) |
| 10/22/2017 | 661 | LETTER TO MAGISTRATE JUDGE by Darren Allen, James Brinker, Elizabeth Jacobs, James Jensen, Lorie Jensen. (Attachments: # 1 Exhibit(s), # 2 Exhibit(s))(Azman, Mark) (Entered: 10/22/2017) |
| 10/25/2017 | 663 | LETTER TO MAGISTRATE JUDGE by Minnesota Department of Human Services, Minnesota, State of pursuant to 9.13.2017 Order). (Ikeda, Scott) (Entered: 10/25/2017) |
| 10/26/2017 | 664 | LETTER TO MAGISTRATE JUDGE by Darren Allen, James Brinker, Elizabeth Jacobs, James Jensen, Lorie Jensen. (Azman, Mark) (Entered: 10/26/2017) |
| 10/26/2017 | 665 | LETTER TO MAGISTRATE JUDGE by Minnesota Department of Human Services, Minnesota, State of. (Ikeda, Scott) (Entered: 10/26/2017) |
| 11/06/2017 | 667 | MEMORANDUM in Opposition re 655 MOTION to Stay Pending Appeal filed by Darren Allen, James Brinker, Elizabeth Jacobs, James Jensen, Lorie Jensen. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Azman, Mark) (Entered: 11/06/2017) |
| 11/06/2017 | 668 | DECLARATION of Shamus P. O'Meara in Opposition to 655 MOTION to Stay Pending Appeal filed by Darren Allen, James Brinker, Elizabeth Jacobs, James Jensen, Lorie Jensen. (Attachments: # 1 Exhibit(s) A, # 2 Exhibit(s) B, # 3 Exhibit(s) C, # 4 Exhibit(s) D, # 5 Exhibit(s) E, # 6 Exhibit(s) F)(Azman, Mark) (Entered: 11/06/2017) |
| 11/09/2017 | 669 | Reply to Response to Motion re 655 MOTION to Stay Pending Appeal filed by Minnesota Department of Human Services, Minnesota, State of. (Attachments: # 1 Certificate of Service)(Ikeda, Scott) (Entered: 11/09/2017) |
| 11/29/2017 | 670 | ORDER. The Court's agenda for the December 8, 2017 Status Conference is outlined below (see attached Order). No later than Wednesday, December 6, 2017, the parties or the Consultants may submit additional proposed agenda items for the Court's consideration. Signed by Judge Donovan W. Frank on 11/29/2017. (BJS) (Entered: 11/29/2017) |
| 11/29/2017 | 671 | LETTER TO DISTRICT JUDGE by Minnesota Department of Human Services, Minnesota, State of (Letter from Charles E. Johnson, Deputy Commissioner of the Minnesota Department of Human Services, to the Honorable Donovan W. Frank, dated Nov. 29, 2017, regarding the Minnesota Olmstead Subcabinet Quarterly Report on Olmstead Plan Measureable Goals, Reporting Period Data Acquired Through Oct. 31, 2017, Date Approved by Subcabinet Nov. 27, 2017). (Attachments: # 1 Minnesota Olmstead Subcabinet Quarterly Report on Olmstead Plan Measureable Goals, Reporting Period Data Acquired Through Oct. 31, 2017, Date Approved by Subcabinet Nov. 27, 2017, # 2 Verification of Michael Tessneer)(Noss, Anthony) (Entered: 11/29/2017) |
| 12/21/2017 | 673 | LETTER TO DISTRICT JUDGE by Minnesota Department of Human Services, Minnesota, State of (Letter from Charles E. Johnson, Deputy Commissioner of DHS, to the Honorable Donovan W. Frank enclosing Minnesota Olmstead Subcabinet Annual Report on Olmstead Plan Implementation, Reporting Period Data Acquired Through Oct. 31, 2017, Date Report Approved by Subcabinet Dec. 18, 2017). (Attachments: # 1 Minnesota Olmstead Subcabinet Annual Report on Olmstead Plan Implementation, Reporting Period Data Acquired Through Oct. 31, 2017, Date Report Approved by Subcabinet Dec. 18, 2017, # 2 Verification of Michael Tessneer)(Noss, Anthony) (Entered: 12/21/2017) |
| 02/01/2018 | 674 | ORDER: State Defendants' Motion to Stay Pending Appeal (Doc. No. 655 ) is DENIED. Signed by Judge Donovan W. Frank on 2/1/2018. (las) (Entered: 02/01/2018) |
| 02/28/2018 | 675 | LETTER TO DISTRICT JUDGE by Minnesota Department of Human Services, Minnesota, State of Letter from Charles E. Johnson to the Honorable Donovan W. Frank re: Feb. 2018 Semi-Annual Compliance Report (reporting period July 1, 2017 through Dec. 31, 2017). (Attachments: # 1 Affidavits (re: Verification of Feb. 2018 Semi-Annual Compliance Report))(Noss, Anthony) (Entered: 02/28/2018) |
| 02/28/2018 | 677 | Redacted Document for 676 Sealed Jensen Settlement Agreement Comprehensive Plan of Action (CPA) February 2018 Semi-Annual Compliance Report, Reporting Period: July 1, 2017 Dec. 31, 2017 (Unredacted, Under Seal Version) . (Noss, Anthony) (Entered: 02/28/2018) |
| 02/28/2018 | 680 | LETTER TO DISTRICT JUDGE by Minnesota Department of Human Services, Minnesota, State of (Letter from Charles E. Johnson to the Honorable Donovan W. Frank re: Olmstead Quarterly Report on Measureable Goals, data acquired through Jan. 31, 2018). (Attachments: # 1 Minnesota Olmstead Subcabinet Quarterly Report on Olmstead Plan Measureable Goals, Reporting Period data acquired through Jan. 31, 2018, Date Approved By Subcabinet Feb. 26, 2018, # 2 Verification of Michael Tessneer)(Noss, Anthony) (Entered: 02/28/2018) |
| 03/29/2018 | 681 | LETTER TO DISTRICT JUDGE by Minnesota Department of Human Services, Minnesota, State of (Letter from Charles E. Johnson to Honorable Donovan W. Frank filing Minnesotas Olmstead Plan, March 2018 Revision. (Attachments: # 1 Minnesotas Olmstead Plan, March 2018 Revision (blackline version), # 2 Minnesotas Olmstead Plan, March 2018 Revision (clean copy))(Noss, Anthony) (Entered: 03/29/2018) |
| 03/30/2018 | 682 | LETTER TO DISTRICT JUDGE by Minnesota Department of Human Services, Minnesota, State of (Letter from Charles E. Johnson to Honorable Donovan W. Frank filing March 2018 Annual Compliance Report ). (Attachments: # 1 Affidavits Concerning Verification of March 2018 Annual Compliance Report)(Noss, Anthony) (Entered: 03/30/2018) |
| 03/30/2018 | 684 | Redacted Document for 683 Sealed Jensen Settlement Agreement Comprehensive Plan of Action (CPA) March 2018 Annual Compliance Report, Reporting Period: Jan. 1, 2017 Dec. 31, 2017. (Noss, Anthony) (Entered: 03/30/2018) |
| 05/23/2018 | 688 | LETTER TO DISTRICT JUDGE by Minnesota Department of Human Services, Minnesota, State of (Letter from Charles E. Johnson, Deputy Commissioner of DHS, to the Honorable Donovan W. Frank, dated May 21, 2018). (Attachments: # 1 Minnesota Olmstead Subcabinet Quarterly Report on Olmstead Plan Measurable Goals, Reporting Period data acquired through April 30, 2018, Date Approved by Subcabinet: May 21, 2018; with its Exhibit, Olmstead Plan Quality of Life Survey Baseline Report., # 2 Verification of Michael Tessneer)(Noss, Anthony) (Entered: 05/23/2018) |
| 06/25/2018 | 689 | ORDER: The Court's agenda for the July 12, 2018 Status Conference is outlined below. No later than Monday, July 9, 2018, the parties or the Consultants may submit additional proposed agenda items for the Courts consideration. Signed by Judge Donovan W. Frank on 6/25/2018. (las) (Entered: 06/25/2018) |
| 07/02/2018 | 690 | LETTER TO DISTRICT JUDGE by Minnesota Department of Human Services, Minnesota, State of. (Ikeda, Scott) (Entered: 07/02/2018) |
| 07/10/2018 | 691 | ORDER: The Court's amended agenda for the July 12, 2018 Status Conference is outlined below. The Court reserves the right to request written submissions from the parties on the topics identified below following the July 12, 2018 Status Conference. Signed by Judge Donovan W. Frank on 7/10/2018. (las) (Entered: 07/10/2018) |
| 07/19/2018 | 693 | ORDER re: July 12, 2018, the Court held a Biannual Status Conference. The Department of Human Services shall submit the following reports according to the schedules identified in the Court's Order for Reporting on Olmstead Plan and Order for Reporting on Settlement Agreement (Doc. Nos. 544, 545): a. Olmstead Subcabinet Quarterly Report on Olmstead Plan Measurable Goals covering the period of May 1, 2018 to July 31, 2018 (due August 31, 2018). b. Jensen Settlement Agreement Comprehensive Plan of Action Semi-Annual Compliance Report covering the period of January 1, 2018 to June 30, 2018 (due August 31, 2018). Following the Court's receipt of the reports identified above, the Court will issue an order establishing next steps. This order will also establish how the Court intends to address the applicable legal standard to determine the circumstances under which it will end its involvement in this matter. Signed by Judge Donovan W. Frank on 7/19/2018. (las) (Entered: 07/19/2018) |
| 07/26/2018 | 695 | Opinion of USCA (electronic copy) as to 639 Notice of Appeal to 8th Circuit filed by Minnesota Department of Human Services, Minnesota, State of. (AKL) (Entered: 07/31/2018) |
| 07/26/2018 | 696 | USCA JUDGMENT (electronic copy) as to 639 Notice of Appeal to 8th Circuit filed by Minnesota Department of Human Services, Minnesota, State of. (AKL) (Entered: 07/31/2018) |
| 08/20/2018 | 697 | MANDATE of USCA (electronic copy) as to 639 Notice of Appeal to 8th Circuit filed by Minnesota Department of Human Services, Minnesota, State of. (AKL) (Entered: 08/20/2018) |
| 08/29/2018 | 698 | LETTER TO DISTRICT JUDGE by Minnesota Department of Human Services, Minnesota, State of (Letter from Charles E. Johnson, Deputy Commissioner of DHS, to the Honorable Donovan W. Frank, dated Aug. 27, 2018, filing the Aug. 27, 2018 Quarterly Report on Olmstead Plan Measureable Goals). (Attachments: # 1 Minnesota Olmstead Subcabinet Quarterly Report on Olmstead Plan Measurable Goals, Reporting Period Data Acquired Through July 31, 2018, Date Approved By Subcabinet August 27, 2018, # 2 Verification of Michael Tessneer dated Aug. 28, 2018) (Noss, Anthony) (Entered: 08/29/2018) |
| 08/31/2018 | 699 | LETTER TO DISTRICT JUDGE by Minnesota Department of Human Services, Minnesota, State of (Letter from Charles E. Johnson to the Honorable Donovan W. Frank submitting Aug. 2018 Semi-Annual Compliance Report ). (Attachments: # 1 Affidavit on Sealed Filing, with Affidavits re: August 2018 Semi-Annual Compliance Report)(Noss, Anthony) (Entered: 08/31/2018) |
| 08/31/2018 | 701 | Redacted Document for 700 Sealed Jensen Settlement Agreement Comprehensive Plan of Action (CPA) August 2018 Semi-Annual Compliance Report, Reporting Period Jan. 1, 2018 to June 30, 2018 . (Noss, Anthony) (Entered: 08/31/2018) |
| 11/27/2018 | 705 | LETTER TO DISTRICT JUDGE by Minnesota Department of Human Services, Minnesota, State of (Letter from Charles E. Johnson, Deputy Commissioner, DHS, to the Honorable Donovan W. Frank, dated Nov. 26, 2018). (Attachments: # 1 Minnesota Olmstead Subcabinet, Quarterly Report on Olmstead Plan Measureable Goals, Reporting Period: Data Acquired Through Oct. 31, 2018, Date Approved by Subcabinet: Nov. 26, 2018, # 2 Verification of Michael Tessneer)(Noss, Anthony) (Entered: 11/27/2018) |
| 12/24/2018 | 706 | LETTER TO DISTRICT JUDGE by Minnesota Department of Human Services, Minnesota, State of (Letter from Charles Johnson, DHS Deputy Commissioner, to the Honorable Donovan W. Frank). (Attachments: # 1 Minnesota Olmstead Subcabinet Annual Report on Olmstead Plan Implementation, Reporting Period: Data acquired through Oct. 31, 2018; Date Approved by Subcabinet: Dec. 17, 2018, # 2 Verification of Michael Tessneer) (Noss, Anthony) (Entered: 12/24/2018) |
| 01/04/2019 | 707 | ORDER: In lieu of the Jensen Settlement Agreement Comprehensive Plan of Action Semi-Annual and Annual Compliance Reports due on February 28, 2019 and March 31, 2019, respectively, Defendants shall submit one Summary Report adhering to the specifications described above. (See Order for Specific Deadlines) The Biannual Reporting Conference will be held on April 16, 2019, from 1:30 PM to 4:30 PM, in the 7th Floor Conference Room Warren E. Burger Federal Building and United States Courthouse, 316 North Robert Street, St. Paul, Minnesota, before Judge Donovan W. Frank and Magistrate Judge Becky R. Thorson. The Summary Report will be discussed at that time. The Status Conference will also address the Olmstead Amendments and the Olmstead Quarterly Reports and Annual Report submitted since the last status conference. Signed by Judge Donovan W. Frank on 1/4/2019 (las) (Entered: 01/04/2019) |
| 02/27/2019 | 708 | LETTER TO DISTRICT JUDGE by Minnesota Department of Human Services, Minnesota, State of (Letter from Claire Wilson, Minnesota Department of Human Services Deputy Commissioner for Policy to the Honorable Donovan W. Frank dated Feb. 26, 2019, filing the Minnesota Olmstead Subcabinet Quarterly Report on Measureable Goals, Reporting Period: Data Acquired Through Jan. 31, 2019 ). (Attachments: # 1 (Minnesota Olmstead Subcabinet Quarterly Report on Measureable Goals, Reporting Period: Data Acquired Through Jan. 31, 2019, Date Approved by Subcabinet: Feb. 25, 2019), # 2 (Verification of Michael Tessneer))(Noss, Anthony) (Entered: 02/27/2019) |
| 03/19/2019 | 709 | LETTER TO DISTRICT JUDGE by Minnesota Department of Human Services, Minnesota, State of (Letter from Charles Johnson, Deputy Commissioner, to the Honorable Donovan W. Frank). (Noss, Anthony) (Entered: 03/19/2019) |
| 03/19/2019 | 711 | Redacted Document for 710 Sealed Jensen Settlement Agreement Comprehensive Plan of Action (CPA) March 2019 Summary Report. (Noss, Anthony) (Entered: 03/19/2019) |
| 03/19/2019 | 714 | AFFIDAVIT in Support re 710 Sealed Document (Affidavits Regarding Jensen Settlement Agreement Comprehensive Plan of Action (CPA) March 2019 Summary Report). (Noss, Anthony) (Entered: 03/19/2019) |
| 03/19/2019 | 715 | EXHIBIT Exhibit Index re 710 Sealed Document. (Noss, Anthony) (Entered: 03/19/2019) |
| 03/19/2019 | 720 | SEALED EXHIBIT Attachment 5, Part 1 (pgs. 1-540) (Attachment 5, Part 1 (pgs. 1-540) to the March 2019 Summary Report ) re 710 Sealed Document, 715 Exhibit by Department of Human Services, State of Minnesota. (Noss, Anthony) (Entered: 03/19/2019) |
| 03/19/2019 | 723 | EXHIBIT Attachment 6 (Attachment 6 to the March 2019 Summary Report) re 710 Sealed Document, 715 Exhibit. (Noss, Anthony) (Entered: 03/19/2019) |
| 03/19/2019 | 724 | STATEMENT INSTEAD OF REDACTED DOCUMENT: Entire Document Confidential for 720 , 717 , 722 , 719 , 716 , 721 , 718 Sealed, unredacted March 2019 Summary Report; Sealed Identifier Key; Sealed Attachments 1-5. (Noss, Anthony) (Entered: 03/19/2019) |
| 03/29/2019 | 725 | LETTER TO DISTRICT JUDGE by Minnesota Department of Human Services, Minnesota, State of (Letter from Claire Wilson, DHS Deputy Commissioner of Policy, to the Honorable Donovan W. Frank re: Revised Olmstead Plan). (Attachments: # 1 Minnesotas Olmstead Plan March 2019 Revision, # 2 Minnesotas Olmstead Plan March 2019 Revision (blacklined version))(Noss, Anthony) (Entered: 03/29/2019) |
| 04/04/2019 | 728 | LETTER TO DISTRICT JUDGE by Darren Allen, James Brinker, Elizabeth Jacobs, James Jensen, Lorie Jensen . (Azman, Mark) (Entered: 04/08/2019) |
| 04/09/2019 | 729 | ORDER: A Biannual Status Conference is scheduled for April 16, 2019 at 1:30 p.m., in Courtroom 7C, Warren E. Burger Federal Building and United States Courthouse, 316 North Robert Street, St. Paul, Minnesota, before Judge Donovan W. Frank and Magistrate Judge Becky R. Thorson. (Doc. No. 707 .) The Status Conference will address the Jensen Settlement Agreement ("JSA"), the Comprehensive Plan of Action (CPA), and the Olmstead Plan. Signed by Judge Donovan W. Frank on 4/9/2019. (See Order for specific detail re: Court's Agenda)(las) (Entered: 04/09/2019) |
| 04/10/2019 | 730 | LETTER TO DISTRICT JUDGE by Darren Allen, James Brinker, Elizabeth Jacobs, James Jensen, Lorie Jensen Amended Letter. (Azman, Mark) (Entered: 04/10/2019) |
| 04/12/2019 | 731 | LETTER TO DISTRICT JUDGE by Minnesota Department of Human Services, Minnesota, State of . (Ikeda, Scott) (Entered: 04/12/2019) |
| 04/15/2019 | 732 | LETTER TO DISTRICT JUDGE by Darren Allen, James Brinker, Elizabeth Jacobs, James Jensen, Lorie Jensen . (Azman, Mark) (Entered: 04/15/2019) |
| 04/15/2019 | 733 | ORDER - The Court's amended agenda for the April 16, 2019 Status Conference is outlined below. The Court reserves the right to request written submissions from the parties on the topics identified below following the April 16, 2019 Status Conference. Signed by Judge Donovan W. Frank on 4/15/2019. (las) (Entered: 04/15/2019) |
| 04/16/2019 | 734 | Minute Entryfor proceedings held before Judge Donovan W. Frank and Magistrate Judge Becky R. Thorson: Biannual Status Conference held on 4/16/2019. Written order forthcoming. (Court Reporter Lynne Krenz) (las) (Entered: 04/17/2019) |
| 05/29/2019 | 736 | LETTER TO DISTRICT JUDGE by Minnesota Department of Human Services, Minnesota, State of Letter from Claire Wilson, Deputy Commissioner for Policy at DHS, to Honorable Donovan W. Frank. (Attachments: #1 Minnesota Olmstead Subcabinet Quarterly Report on Olmstead Plan Measureable Goals, Reporting Period: Data Acquired Through April 30, 2019, #2 Verification of Michael Tessneer) (Noss, Anthony) (Entered: 05/29/2019) |
| 06/17/2019 | 737 | ORDER RE: STATUS CONFERENCE. The Court's jurisdiction is extended to September 15, 2020. The Court expressly reserves the authority and jurisdiction to order an additional extension of jurisdiction, depending upon the status of Defendants' compliance and absence stipulation of the parties. Signed by Judge Donovan W. Frank on 6/17/2019. (See Order for Further Details, Requirements and Deadlines) (Written Opinion). Signed by Judge Donovan W. Frank on 6/17/2019. (las) (Entered: 06/17/2019) |
| 07/06/2019 | 739 | NOTICE of Filing of Official Transcript. This filing has 1 transcript(s) associated with it. (LMK) (Entered: 07/06/2019) |
| 07/06/2019 | 740 | TRANSCRIPT of Status Conference held on 4.16.19 before Judge Donovan W. Frank. (160 pages). Court Reporter: Lynne Krenz. For a copy of the transcript, please file a Transcript Request under Other Filings/Other Documents. For information on redaction procedures, please review Local Rule 5.5. Redaction Request due 7/29/2019. Redacted Transcript Deadline set for 8/6/2019. Release of Transcript Restriction set for 10/4/2019. (LMK)(Entered: 07/06/2019) |
| 07/15/2019 | 741 | MOTION to Alter/Amend/Correct Other Orders 737 Memorandum and Opinion, filed by Minnesota Department of Human Services, Minnesota, State of. (Ikeda, Scott) (Entered: 07/15/2019) |
| 07/15/2019 | 742 | NOTICE OF HEARING ON MOTION 741 MOTION to Alter/Amend/Correct Other Orders 737 Memorandum and Opinion, : Date and time to be determined. (Ikeda, Scott) (Entered: 07/15/2019) |
| 07/15/2019 | 743 | MEMORANDUM in Support re 741 MOTION to Alter/Amend/Correct Other Orders 737 Memorandum and Opinion, filed by Minnesota Department of Human Services, Minnesota, State of. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Ikeda, Scott) (Entered: 07/15/2019) |
| 07/15/2019 | 744 | Declaration of Margaret Fletcher-Booth, Ph.D in Support of 741 MOTION to Alter/Amend/Correct Other Orders 737 Memorandum and Opinion, filed by Minnesota Department of Human Services, Minnesota, State of.(Ikeda, Scott) (Entered: 07/15/2019) |
| 07/15/2019 | 745 | Declaration of Karen Sullivan Hook in Support of 741 MOTION to Alter/Amend/Correct Other Orders 737 Memorandum and Opinion, filed by Minnesota Department of Human Services, Minnesota, State of.(Ikeda, Scott) (Entered: 07/15/2019) |
| 07/15/2019 | 746 | Declaration of Daniel J. Baker, Ph.D. in Support of 741 MOTION to Alter/Amend/Correct Other Orders 737 Memorandum and Opinion, filed by Minnesota Department of Human Services, Minnesota, State of.(Ikeda, Scott) (Entered: 07/15/2019) |
| 07/15/2019 | 747 | PROPOSED ORDER TO JUDGE re 741 MOTION to Alter/Amend/Correct Other Orders 737 Memorandum and Opinion, filed by Minnesota Department of Human Services, Minnesota, State of.(Ikeda, Scott) (Entered: 07/15/2019) |
| 07/16/2019 | 748 | Amended Declaration of Margaret Fletcher-Booth in Support of 741 MOTION to Alter/Amend/Correct Other Orders 737 Memorandum and Opinion, filed by Minnesota Department of Human Services, Minnesota, State of.(Ikeda, Scott) (Entered: 07/16/2019) |
| 08/01/2019 | 750 | LETTER TO DISTRICT JUDGE by Minnesota Department of Human Services, Minnesota, State of . (Ikeda, Scott) (Entered: 08/01/2019) |
| 08/02/2019 | 751 | MEMORANDUM in Opposition re 741 MOTION to Alter/Amend/Correct Other Orders 737 Memorandum and Opinion, filed by Darren Allen, James Brinker, Elizabeth Jacobs, James Jensen, Lorie Jensen. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Azman, Mark) (Entered: 08/02/2019) |
| 08/15/2019 | 752 | Reply to Response to Motion re 741 MOTION to Alter/Amend/Correct Other Orders 737 Memorandum and Opinion, filed by Minnesota Department of Human Services, Minnesota, State of. (Attachments: # 1 Certificate of Service) (Ikeda, Scott) (Entered: 08/15/2019) |
| 08/15/2019 | 753 | MEMORANDUM re 737 Memorandum and Opinion, filed by Darren Allen, James Brinker, Elizabeth Jacobs, James Jensen, Lorie Jensen. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Azman, Mark) (Entered: 08/15/2019) |
| 08/15/2019 | 754 | LETTER TO DISTRICT JUDGE by Minnesota Department of Human Services, Minnesota, State of (pursuant to June 17, 2019 Order). (Ikeda, Scott) (Entered: 08/15/2019) |
| 08/28/2019 | 756 | MEMORANDUM re 737 Memorandum and Opinion, Amended filed by Darren Allen, James Brinker, Elizabeth Jacobs, James Jensen, Lorie Jensen. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Azman, Mark) (Entered: 08/28/2019) |
| 08/28/2019 | 757 | MEMORANDUM OPINION AND ORDER denying 741 Defendants' Motion to Alter or Amend the Courts June 17,2019 Order (Doc. No. 741 ) is DENIED. (Written Opinion) Signed by Judge Donovan W. Frank on 8/28/2019. (las) (Entered: 08/28/2019) |
| 08/28/2019 | 758 | LETTER TO DISTRICT JUDGE by Minnesota Department of Human Services, Minnesota, State of (Letter from Claire Wilson, Deputy Commissioner for Policy, DHS, to Honorable Donovan W. Frank (enclosing Quarterly Report on Olmstead Plan Measureable Goals, Reporting Period: Data Acquired through July 31, 2019). (Attachments: #1 (Minnesota Olmstead Subcabinet Quarterly Report on Olmstead Plan Measureable Goals, Reporting Period: Data Acquired through July 31, 2019, Date Approved by Subcabinet: Aug. 26, 2019), #2 (Verification of Michael Tessneer))(Noss, Anthony) (Entered: 08/28/2019) |
| 08/29/2019 | 759 | BRIEF re 755 Order in Response to Letter/Request/E-mail,, (State Defendants' Brief Regarding Positive Supports Rule and Scope of Settlement Agreement and CPA on Restraints). (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Winter, Aaron) (Entered: 08/29/2019) |
| 08/29/2019 | 760 | DECLARATION of KyleeAnn Stevens re 759 Brief, by Minnesota Department of Human Services, Minnesota, State of . (Attachments: #1 Exhibit(s) A-F)(Winter, Aaron) (Entered: 08/29/2019) |
| 08/30/2019 | 762 | LETTER TO DISTRICT JUDGE by Minnesota Department of Human Services, Minnesota, State of (Letter from Charles Johnson, Deputy Commissioner of DHS, to Honorable Donovan W. Frank re: August 2019 Semi-Annual Compliance Report, Reporting Period: Jan. 1, 2019 June 30, 2019, and Response to June 17, 2019 Order). (Noss, Anthony) (Entered: 08/30/2019) |
| 08/30/2019 | 767 | AFFIDAVIT of (Affidavits of Daniel J. Baker, Ph.D., Margaret Fletcher Booth, Ph.D, Mark Brostrom, Steven Dahl, Noreen Koch-Myer, Karen Sullivan Hook, Michael Tessneer) re 763 Sealed Document, (Jensen Settlement Agreement Comprehensive Plan of Action (CPA) August 2019 Semi-Annual Compliance Report, Reporting Period: Jan. 1, 2019 June 30, 2019) by Minnesota Department of Human Services, Minnesota, State of. (Noss, Anthony) (Entered: 08/30/2019) |
| 08/30/2019 | 768 | EXHIBIT (Jensen Settlement Agreement Comprehensive Plan of Action (CPA) August 2019 Semi-Annual Compliance Report Attachments Index) re 763 Sealed Document,. (Attachments: # 1 Attachments A through E)(Noss, Anthony) (Entered: 08/30/2019) |
| 09/03/2019 | 769 | LETTER TO DISTRICT JUDGE by Darren Allen, James Brinker, Elizabeth Jacobs, James Jensen, Lorie Jensen . (Azman, Mark) (Entered: 09/03/2019) |
| 09/04/2019 | 770 | LETTER TO DISTRICT JUDGE by Darren Allen, James Brinker, Elizabeth Jacobs, James Jensen, Lorie Jensen (Date Corrected). (Azman, Mark) (Entered: 09/04/2019) |
| 09/05/2019 | 771 | LETTER TO DISTRICT JUDGE by Minnesota Department of Human Services, Minnesota, State of (pursuant to Doc 761). (Winter, Aaron) (Entered: 09/05/2019) |
| 10/01/2019 | 772 | LETTER TO DISTRICT JUDGE by Minnesota Department of Human Services, Minnesota, State of . (Winter, Aaron) (Entered: 10/01/2019) |
| 10/15/2019 | 774 | LETTER TO DISTRICT JUDGE by Minnesota Department of Human Services, Minnesota, State of (Letter from Charles E. Johnson to Honorable Donovan W. Frank (re: October 2019 Supplemental Report). (Attachments: #1 Jensen Settlement Agreement October 2019 Supplemental Report DHS Treatment Homes Report EC 88 and EC 93, #2 October 2019 Supplemental Report Attachments Index, #3 Attachments A-K to October 2019 Supplemental Report, #4 Verification Affidavits (re: October 2019 Supplemental Report))(Noss, Anthony) (Entered: 10/15/2019) |
10/25/2019 |
LETTER TO DISTRICT JUDGE by Minnesota Department of Human Services, Minnesota, State of Letter from Charles E. Johnson to Honorable Donovan W. Frank (re: Departments Subject Matter Experts Reports on Use of Prohibited Techniques and Staff Training). (Attachments: # 1 Report Number 1, Use of Prohibited Techniques, by Gary W. LaVigna, Ph.D., BCBA-D, # 2 Attachment A (to Report Number 1, Use of Prohibited Techniques, by Gary W. LaVigna, Ph.D., BCBA-D), # 3 Redacted Attachment B (to Report Number 1, Use of Prohibited Techniques, by Gary W. LaVigna, Ph.D., BCBA-D), # 4 Attachment C (to Report Number 1, Use of Prohibited Techniques, by Gary W. LaVigna, Ph.D., BCBA-D), # 5 Report Number 2, Staff Training, by Gary W. LaVigna, Ph.D., BCBA-D, # 6 Attachment A (to Report Number 2, Staff Training, by Gary W. LaVigna, Ph.D., BCBA-D), # 7 Affidavit of Margaret Fletcher Booth, Ph.D., Concerning Filing Under Seal)(Noss, Anthony) (Entered: 10/25/2019) |
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11/27/2019 |
LETTER TO DISTRICT JUDGE by Minnesota Department of Human Services, Minnesota, State of (Letter from Charles E. Johnson, Deputy Commissioner, to the Honorable Donovan W. Frank enclosing the November 25, 2019 Quarterly Report on Olmstead Plan Measurable Goals: Data acquired through 10/31/19). (Attachments: # 1 (Minnesota Olmstead Subcabinet Quarterly Report on Olmstead Plan Measurable Goals, Reporting Period: Data Acquired Through October 31, 2019, Date Reviewed by Subcabinet November 25, 2019), # 2 (Verification of Michael Tessneer))(Winter, Aaron) (Entered: 11/27/2019) |
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12/18/2019 |
ORDER re: Supplemental Briefing re: Scope of Settlement Agreement. (See order for dates and details.). Signed by Judge Donovan W. Frank on 12/17/2019. (las) (Entered: 12/18/2019) |
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12/20/2019 |
LETTER TO DISTRICT JUDGE by Minnesota Department of Human Services, Minnesota, State of (Letter from Charles E. Johnson, Deputy Commissioner of DHS, to the Honorable Donovan W. Frank, dated Dec. 17, 2019). (Attachments: # 1 (Minnesota Olmstead Subcabinet Annual Report on Olmstead Plan Implementation, Reporting Period: Data Acquired through Oct. 31, 2019, Date Approved by Subcabinet: Dec. 16, 2019), # 2 (Verification of Michael Tessneer))(Noss, Anthony) (Entered: 12/20/2019) |
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01/10/2020 |
NOTICE OF APPEAL TO 8TH CIRCUIT as to 779 Briefing Order by Minnesota Department of Human Services, Minnesota, State of. Filing fee $ 505, receipt number AMNDC-7392499. (Ikeda, Scott) (Entered: 01/10/2020) |
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01/10/2020 |
MOTION to Stay re 779 Briefing Order (Pending Appeal) filed by Minnesota Department of Human Services, Minnesota, State of. (Ikeda, Scott) (Entered: 01/10/2020) |
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01/10/2020 |
NOTICE OF HEARING ON MOTION 784 MOTION to Stay re 779 Briefing Order (Pending Appeal) : Date and time to be determined. (Ikeda, Scott) (Entered: 01/10/2020) |
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01/10/2020 |
MEET and CONFER STATEMENT re 784 Motion to Stay filed by Minnesota Department of Human Services, Minnesota, State of. (Ikeda, Scott) (Entered: 01/10/2020) | |
01/10/2020 |
MEMORANDUM in Support re 784 MOTION to Stay re 779 Briefing Order (Pending Appeal) filed by Minnesota Department of Human Services, Minnesota, State of. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Ikeda, Scott) (Entered: 01/10/2020) |
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01/10/2020 |
Declaration of Margaret Fletcher-Booth in Support of 784 MOTION to Stay re 779 Briefing Order (Pending Appeal) filed by Minnesota Department of Human Services, Minnesota, State of. (Attachments: # 1 Exhibit(s) 1)(Ikeda, Scott) (Entered: 01/10/2020) |
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01/10/2020 |
PROPOSED ORDER TO JUDGE re 784 MOTION to Stay re 779 Briefing Order (Pending Appeal) filed by Minnesota Department of Human Services, Minnesota, State of.(Ikeda, Scott) (Entered: 01/10/2020) |
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01/17/2020 |
MEMORANDUM in Opposition re 784 MOTION to Stay re 779 Briefing Order (Pending Appeal) filed by Darren Allen, James Brinker, Elizabeth Jacobs, James Jensen, Lorie Jensen. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Azman, Mark) (Entered: 01/17/2020) |
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01/17/2020 |
DECLARATION of Shamus P. O'Meara in Opposition to 784 MOTION to Stay re 779 Briefing Order (Pending Appeal) filed by Darren Allen, James Brinker, Elizabeth Jacobs, James Jensen, Lorie Jensen. (Attachments: # 1 Exhibit(s) A, # 2 Exhibit(s) B, # 3 Exhibit(s) C, # 4 Exhibit(s) D)(Azman, Mark) (Entered: 01/17/2020) |
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02/04/2020 |
ORDER denying 784 Defendants' Motion to Stay Pending Appeal. (Written Opinion) Signed by Judge Donovan W. Frank on 2/4/2020. (LJL) (Entered: 02/04/2020) |
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02/04/2020 |
ORDER. (1) Defendants must select either Dr. Gary LaVigna or David Ferleger to conduct an external review of the Forensic Mental Health Program and Anoka MetroRegional Treatment Center pursuant to the Court's December 18, 2019 Order. (2) Defendants shall notify the Court of their selection via email no later than February 7, 2020. (3) The external reviewer shall conduct an external review and submit a report in accordance with the obligations set forth in the Court's December 18, 2019 Order (Doc. No. ( 779 ). Signed by Judge Donovan W. Frank on 2/4/2020. (LJL) (Entered: 02/04/2020) |
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02/13/2020 |
ORDER. Signed by Judge Donovan W. Frank on 2/13/2020. (See order for specific detail re: external review.)(las) (Entered: 02/13/2020) |
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04/06/2020 |
ORDER: Defendants shall submit an addendum to the Olmstead Plan March 2020, Revision (Doc. No. 824 ) by May 15, 2020, that includes the following: a. A brief explanation for each goal summarizing how the goal may be impacted by the COVID-19 pandemic and whether further revision is necessary; and b. A response to each of the Courts questions posed above. Signed by Judge Donovan W. Frank on 4/6/2020. (See Order for Specific Details)(las) (Entered: 04/06/2020) |
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04/07/2020 |
USCA JUDGMENT (electronic copy) as to 783 Notice of Appeal to 8th Circuit filed by Minnesota Department of Human Services, Minnesota, State of, 804 Notice of Appeal to 8th Circuit filed by Minnesota Department of Human Services, Minnesota, State of. (kt) (Entered: 04/08/2020) |
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05/08/2020 |
MANDATE of USCA (electronic copy) as to 783 Notice of Appeal to 8th Circuit filed by Minnesota Department of Human Services, Minnesota, State of, 804 Notice of Appeal to 8th Circuit filed by Minnesota Department of Human Services, Minnesota, State of. (kt) (Entered: 05/11/2020) |
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05/15/2020 |
LETTER TO DISTRICT JUDGE by Minnesota Department of Human Services, Minnesota, State of (Letter from Charles E. Johnson, Deputy Commissioner of DHS, to the Honorable Donovan W. Frank (Re: Minnesota Olmstead Subcabinet Quarterly Report on Olmstead Plan Measureable Goals, Reporting Period Data Acquired Through April 30, 2020, Date Approved by Subcabinet May 11, 2020)). (Attachments: # 1 (Minnesota Olmstead Subcabinet Quarterly Report on Olmstead Plan Measureable Goals, Reporting Period Data Acquired Through April 30, 2020, Date Approved by Subcabinet May 11, 2020), # 2 (Verification of Michael Tessneer)) (Noss, Anthony) (Entered: 05/15/2020) |
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05/15/2020 |
LETTER TO DISTRICT JUDGE by Minnesota Department of Human Services, Minnesota, State of (Letter to the Honorable Donovan W. Frank). (Attachments: # 1 (Addendum to March 2020 Olmstead Plan in response to Doc. 831))(Ikeda, Scott) (Entered: 05/15/2020) |
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05/27/2020 |
LETTER TO DISTRICT JUDGE by Minnesota Department of Human Services, Minnesota, State of . (Ikeda, Scott) (Entered: 05/27/2020) |
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06/11/2020 |
LETTER TO DISTRICT JUDGE by Minnesota Department of Human Services, Minnesota, State of (status conference). (Ikeda, Scott) (Entered: 06/11/2020) |
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06/15/2020 |
LETTER TO DISTRICT JUDGE by Minnesota Department of Human Services, Minnesota, State of . (Ikeda, Scott) (Entered: 06/15/2020) |
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06/17/2020 |
ORDER: The status conference shall be held on September 24, 2020 at 9:00 AM in Courtroom 7C, Warren E. Burger Federal Building and United States Courthouse, 316 North Robert Street, St. Paul, Minnesota before Judge Donovan W. Frank and Magistrate Judge Becky R. Thorson. The Court's jurisdiction is extended to October 24, 2020. The Court expressly reserves the authority and jurisdiction to order an additional extension of jurisdiction, depending upon the status of Defendants' compliance and absent a stipulation of the parties. Signed by Judge Donovan W. Frank on 6/17/2020.(las) (Entered: 06/17/2020) |
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07/02/2020 |
LETTER TO DISTRICT JUDGE by Minnesota Department of Human Services, Minnesota, State of . (Winter, Aaron) (Entered: 07/02/2020) |
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| 07/16/2020 | 857 | LETTER TO DISTRICT JUDGE by Dr. Gary LaVigna re: revised May 2020 invoice. (las) (Entered: 07/16/2020) |
| 07/16/2020 | 858 | LETTER TO DISTRICT JUDGE by Dr. Gary LaVigna re June 2020 invoice. (las) (Entered: 07/16/2020) |
| 07/27/2020 | 862 | LETTER TO DISTRICT JUDGE by Minnesota Department of Human Services, Minnesota, State of (re Doc 859). (Ikeda, Scott) (Entered: 07/27/2020) |
| 07/28/2020 | 863 | LETTER TO DISTRICT JUDGE by Darren Allen, James Brinker, Elizabeth Jacobs, James Jensen, Lorie Jensen . (Azman, Mark) (Entered: 07/28/2020) |
| 08/04/2020 | 864 | Restricted LETTER to District Judge by Gary W. LaVigna, Ph.D., BCBA-D. re: invoices. (Attachments: # 1 Enclosure 1, # 2 Enclosure 2) (las) (Entered: 08/04/2020) |
| 08/06/2020 | 866 | DECLARATION of Margaret Fletcher-Booth re 865 Sealed Letter by Minnesota Department of Human Services, Minnesota, State of . (Ikeda, Scott) (Entered: 08/06/2020) |
| 08/06/2020 | 868 | EXHIBIT 1-2 (to the Sealed Declaration of Dr. Tmothy S. Allen, M.D., DFAPA) re 867 Sealed Document filed by Minnesota Department of Human Services, Minnesota, State of. (Ikeda, Scott) (Entered: 08/06/2020) |
| 08/06/2020 | 870 | EXHIBIT 1-6 (to the Sealed Declaration of Angela Dugan, Psy.D, LP) re 869 Sealed Document filed by Minnesota Department of Human Services, Minnesota, State of. (Ikeda, Scott) (Entered: 08/06/2020) |
| 08/06/2020 | 871 | STATEMENT INSTEAD OF REDACTED DOCUMENT: Impracticable to Redact for 869 , 865 , 867 Sealed Document(s) - 865 Sealed Letter, 867 Sealed Dr. Allen Declaration, 869 Sealed Dugan Declaration . (Ikeda, Scott) (Entered: 08/06/2020) |
| 08/13/2020 | 872 | ORDER: The Court approves and authorizes payment of Dr. Gary LaVigna's Revised May Invoice 857 and June Invoice 858 . Signed by Judge Donovan W. Frank on 8/13/2020.(las) (Entered: 08/13/2020) |
| 08/28/2020 | 874 | LETTER TO DISTRICT JUDGE by Minnesota Department of Human Services, Minnesota, State of (Letter from Charles E. Johnson, Deputy Commissioner of DHS, to the Honorable Donovan W. Frank (re: Quarterly Report on Olmstead Plan Measurable Goals)). (Attachments: # 1 (Minnesota Olmstead Subcabinet Quarterly Report on Olmstead Plan Measureable Goals Reporting Period: Data acquired through July 31, 2020, Date Approved by Subcabinet: Aug. 24, 2020), # 2 (Verification of Michael Tessneer))(Winter, Aaron) (Entered: 08/28/2020) |
| 08/28/2020 | 875 | LETTER TO DISTRICT JUDGE by Minnesota Department of Human Services, Minnesota, State of (Letter from Charles E. Johnson, Deputy Commissioner of DHS, to the Honorable Donovan W. Frank (re: Aug. 2020 Semi-Annual Compliance Report filing)). (Winter, Aaron) (Entered: 08/28/2020) |
| 08/28/2020 | 877 | Redacted Document for 876 SEALED August 2020 Semi-Annual CAP Compliance Report Reporting Period January 1, 2020 June 30, 2020 . (Attachments: # 1 (Redacted August 2020 Semi-Annual CPA Compliance Report Identifier Key)(Winter, Aaron) (Entered: 08/28/2020) |
| 08/28/2020 | 878 | DECLARATION of Margaret Fletcher-Booth, et al. re 876 Sealed Document, 875 Letter to District Judge, 877 Redacted Document by Minnesota Department of Human Services, Minnesota, State of . (Winter, Aaron) (Entered: 08/28/2020) |
| 09/04/2020 | 879 | ORDER: 1. Compliance: Defendants have substantially complied with all requirements pursuant to this lawsuit. 2. Jurisdiction: The Court's jurisdiction over this matter shall end on October 24, 2020. 3. Status Conference: The Status Conference scheduled for September 24, 2020 is cancelled. Signed by Judge Donovan W. Frank on 9/4/2020. (las) (Entered: 09/04/2020) |
| 09/08/2020 | 880 | JUDGMENT (Attachments: # 1 Civil Notice - appeal)(KDS) (Entered: 09/08/2020) |
| 09/22/2020 | 881 | MOTION for Sanctions and Appointment of Independent Reviewer filed by Darren Allen, James Brinker, Elizabeth Jacobs, James Jensen, Lorie Jensen. (Azman, Mark) (Entered: 09/22/2020) |
| 09/22/2020 | 882 | MEET and CONFER STATEMENT re 881 Motion for Sanctions filed by Darren Allen, James Brinker, Elizabeth Jacobs, James Jensen, Lorie Jensen.(Azman, Mark) (Entered: 09/22/2020) |
| 09/22/2020 | 883 | Declaration of Shamus P. O'Meara in Support of 881 MOTION for Sanctions and Appointment of Independent Reviewer filed by Darren Allen, James Brinker, Elizabeth Jacobs, James Jensen, Lorie Jensen. (Azman, Mark) (Entered: 09/22/2020) |
| 09/23/2020 | 885 | NOTICE OF HEARING ON MOTION 881 MOTION for Sanctions and Appointment of Independent Reviewer : Motion Hearing set for 10/7/2020 at 01:30 PM in Video Conference (no courtroom) before Judge Donovan W. Frank. (Azman, Mark) (Entered: 09/23/2020) |
| 09/23/2020 | 887 | PROPOSED ORDER TO JUDGE re 881 MOTION for Sanctions and Appointment of Independent Reviewer filed by Darren Allen, James Brinker, Elizabeth Jacobs, James Jensen, Lorie Jensen.(Azman, Mark) (Entered: 09/23/2020) |
| 09/29/2020 | 889 | RESPONSE in Opposition re 881 MOTION for Sanctions and Appointment of Independent Reviewer filed by Minnesota Department of Human Services, Minnesota, State of. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Ikeda, Scott) (Entered: 09/29/2020) |
| 09/29/2020 | 890 | DECLARATION of Margaret Fletcher-Booth, Ph.D. in Opposition to 881 MOTION for Sanctions and Appointment of Independent Reviewer filed by Minnesota Department of Human Services, Minnesota, State of. (Attachments: # 1 Exhibit(s) 1)(Ikeda, Scott) (Entered: 09/29/2020) |
| 09/29/2020 | 891 | DECLARATION of Mark Brostrom in Opposition to 881 MOTION for Sanctions and Appointment of Independent Reviewer filed by Minnesota Department of Human Services, Minnesota, State of. (Attachments: # 1 Exhibit(s) 1) (Ikeda, Scott) (Entered: 09/29/2020) |
| 09/29/2020 | 892 | DECLARATION of Margaret Friend in Opposition to 881 MOTION for Sanctions and Appointment of Independent Reviewer filed by Minnesota Department of Human Services, Minnesota, State of. (Attachments: # 1 Exhibit(s) 1)(Ikeda, Scott) (Entered: 09/29/2020) |
| 09/30/2020 | 893 | REPLY re 881 MOTION for Sanctions and Appointment of Independent Reviewer filed by Darren Allen, James Brinker, Elizabeth Jacobs, James Jensen, Lorie Jensen. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Azman, Mark) (Entered: 09/30/2020) |
| 10/07/2020 | 894 | Minute Entry for proceedings held before Judge Donovan W. Frank: Motion Hearing held on 10/7/2020 re 881 MOTION for Sanctions and Appointment of Independent Reviewer filed by James Brinker, James Jensen, Lorie Jensen, Elizabeth Jacobs, Darren Allen. Matter submitted. Written Order forthcoming. (Court Reporter Lynne Krenz) (las) (Entered: 10/07/2020) |
| 10/22/2020 | 895 | MEMORANDUM AND ORDER - Plaintiffs' Motion for Sanctions and Appointment of Independent Reviewer (Doc. No. 881) is respectfully DENIED. (Written Opinion) Signed by Judge Donovan W. Frank on 10/22/2020. (las) (Entered: 10/22/2020) |
| 12/02/2020 | 896 | MOTION to Withdraw/Disburse/Release Funds (State Defs' Unopposed Motion to Return Registry Funds to MN Depart. of Human Services) filed by Minnesota Department of Human Services, Minnesota, State of. (Ikeda, Scott) (Entered: 12/02/2020) |
| 12/02/2020 | 897 | NOTICE OF HEARING ON MOTION 896 MOTION to Withdraw/Disburse/Release Funds (State Defs' Unopposed Motion to Return Registry Funds to MN Depart. of Human Services) : Date and time to be determined. (Ikeda, Scott) (Entered: 12/02/2020) |
| 12/02/2020 | 898 | MEMORANDUM in Support re 896 MOTION to Withdraw/Disburse/Release Funds (State Defs' Unopposed Motion to Return Registry Funds to MN Depart. of Human Services) filed by Minnesota Department of Human Services, Minnesota, State of. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Ikeda, Scott) (Entered: 12/02/2020) |
| 12/02/2020 | 899 | Declaration of Scott H. Ikeda in Support of 896 MOTION to Withdraw/Disburse/Release Funds (State Defs' Unopposed Motion to Return Registry Funds to MN Depart. of Human Services) filed by Minnesota Department of Human Services, Minnesota, State of. (Attachments: # 1 Exhibit(s) 1)(Ikeda, Scott) (Entered: 12/02/2020) |
| 12/02/2020 | 900 | MEET and CONFER STATEMENT re 896 Motion to Withdraw/Disburse/Release Funds filed by Minnesota Department of Human Services, Minnesota, State of.(Ikeda, Scott) (Entered: 12/02/2020) |
| 12/02/2020 | 901 | PROPOSED ORDER TO JUDGE re 896 MOTION to Withdraw/Disburse/Release Funds (State Defs' Unopposed Motion to Return Registry Funds to MN Depart. of Human Services) filed by Minnesota Department of Human Services, Minnesota, State of. (Ikeda, Scott) (Entered: 12/02/2020) |
| 12/07/2020 | 902 | ORDER: Defendants' Unopposed Motion to Return Registry Funds to the Minnesota Department of Human Services (Doc. No. 896 ) is GRANTED. Signed by Judge Donovan W. Frank on 12/7/2020. (las) (Entered: 12/07/2020) |
| 12/17/2020 | 904 | ORDER. David Ferleger is hereby discharged from all duties and obligations under the previous orders of the Court. Signed by Judge Donovan W. Frank on 12/17/2020.(las) (Entered: 12/17/2020) |
| 01/11/2021 | 905 | ORDER re: request for account summary Signed by Judge Donovan W. Frank on 1/11/2021. (Attachments: # 1 SEALED Exhibit(s) A (Restricted))(las) Modified restrictions main order on 1/11/2021 (las). (Entered: 01/11/2021) |
| 01/29/2021 | 906 | LETTER TO DISTRICT JUDGE from Senator Hoffman and Senator Abeler received via email on 01/20/21. (las) (Entered: 01/29/2021) |
| 01/29/2021 | 907 | CHAMBER EMAIL TO COUNSEL requesting a response re: 906 Letter to District Judge. (las) (Entered: 01/29/2021) |
| 10/22/2020 | 908 | RESPONSE/LETTER TO DISTRICT JUDGE from Attorney Scott H. Ikeda. (las) (Entered: 01/29/2021) |
| 01/29/2021 | 909 | RESPONSE/EMAIL TO DISTRICT JUDGE from Attorney Shamus P. O'Meara. (las) (Entered: 01/29/2021) |
| 01/29/2021 | 910 | LETTER from Judge Donovan W. Frank to Senator Hoffman and Senator Abeler regarding: 906 Letter to District Judge. (las) (Entered: 01/29/2021) |
Jensen Docket