Trueblood, et al v. Washington State Department of Health and Human Services et al
ORDER ON REQUEST FOR ADDITIONAL CLARIFICATION AND GUIDANCE; Defendants' proposal to be submitted to plaintiffs and Court Monitor by 5/12/17; Court Monitor and plaintiffs to submit comments to defendants by 5/19/17; by 6/2/17 parties to file with Court their plans; Status Hearing set for 6/5/2017 at 9am by Judge Marsha J. Pechman. (RS)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
CASSIE CORDELL TRUEBLOOD, et
CASE NO. C14-1178 MJP
ORDER ON REQUEST FOR
DEPARTMENT OF SOCIAL AND
HEALTH SERVICES, et al.,
In response to Defendants’ Request for Additional Clarification and Guidance from the
Court (Dkt. No. 397), and having considered Plaintiffs’ Response (Dkt. No. 402) and consulted
with the parties at the April 18, 2017 status hearing, the Court issues the following additional
clarification and guidance:
Defendants are ordered to prepare (1) a “step-down plan” outlining their proposal to
create, either in the state hospitals or other suitably therapeutic environment, bed space for class
members outside of the Yakima and Maple Lane facilities; and (2) a time table for the transfer of
ORDER ON REQUEST FOR ADDITIONAL CLARIFICATION AND GUIDANCE - 1
the class members staged to begin upon the notification of the outcome of the federal site
evaluation (e.g., “Notification + 10 days: Transfer of class members begins”). If the outcome of
the federal site evaluation is a continuation of the review process, Defendants will produce
documentation that moving class members into the hospitals would violate the requirements of
the continued review process. Defendants’ proposal is to be submitted to the Plaintiffs and the
Court Monitor by no later than May 12, 2017, and should cover the Defendants’ proposed
response to all three eventualities presented by the pending CMS review of Western State
Hospital (i.e., the facility is certified, the facility is not certified, or the certification process is
extended for a period of time).
Plaintiffs and the Court Monitor are ordered to submit their comments to Defendants by
no later than May 19, 2017.
By June 2, 2017, the parties are ordered to file with the Court their agreed-upon plans (as
outlined above) or a unified document representing their areas of agreement and their areas of
disagreement. (The Court Monitor may submit additional comments separately, as she sees fit.)
The plans will be discussed at the next status hearing, scheduled for June 5, 2017, 9:00
The clerk is ordered to provide copies of this order to all counsel.
Dated: April 19, 2017.
Marsha J. Pechman
United States District Judge
ORDER ON REQUEST FOR ADDITIONAL CLARIFICATION AND GUIDANCE - 2
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