West et al v. Timberlake et al

Filing 38

ORDER signed by Judge J P Stadtmueller on 7/10/2009 staying all further proceedings in this case; plaintiffs and state defendants shall submit a written report to the court on or before 6/15/2010 detailing the progress of the state takeover of the administration of the income maintenance programs in Milwaukee County. (cc: all counsel)(nm)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WISCONSIN
A p r il W e s t, Shenita Horton, N a ta lie Espinoza, Shira Raymond, A w ild a Bosque, Bobbie Prescott, J u le tte Murphy, Elizabeth Torres, C a ro lin e W e s le y, Mary Ranson, A n g e la Clements, Clara Trujillo, Jeffrey Polinske, Rafael Garcia, Jr., a n d Desiree Seamster, individually a n d on behalf of all other similarly s itu a te d persons, P la in t iffs , vs . K a r e n Timberlake, Jason Helgerson, C o re y Hoze, and Felice Riley, D e fe n d a n ts .

C a s e No. 08-CV-670

ORDER STAYING FURTHER PROCEEDINGS
T h is action was filed on July 7, 2008, in Milwaukee County Circuit Court s e e k in g declaratory and injunctive relief against defendants for violating federal and s ta te laws in implementing and administering the Food Stamp, Medical Assistance a n d Badger Care Plus programs in Milwaukee County. On August 6, 2008, state d e fe n d a n ts filed a Notice of Removal to the United States District Court for the E a s tern District of W is c o n s in . (Docket #1).

T h e court certified this case as a class action in an order dated April 8, 2009, (D o c k e t #31) and subsequently issued an order amending the definition of the class. (D o c k e t #37). T h e Scheduling Order in this case (Docket #5) requires the parties to file d isp o s itive motions by June 16, 2009. The plaintiffs and the state defendants have now jointly requested that this c o u rt stay further proceedings in this case and have filed their Settlement Agreement B e tw e e n All Plaintiffs and Defendants Karen Timberlake and Jason Helgerson (D o c k e t #33). As explained in their agreement, the state defendants have begun to ta k e over direct administration of the Food Stamp, Medical Assistance and B a d g e rC a re Plus (income maintenance) programs in Milwaukee. The transition to s ta te administration will occur in several stages, with complete takeover scheduled to begin January 1, 2010. Plaintiffs and State defendants believe that improved s e rvic e s will result from this change in administration. Counsel for defendants Corey H o z e and Felice Riley has no objection to the request for a stay. A hearing was held in this matter on July 1, 2009, at which counsel for the p la in tiffs and the state defendants appeared. This court advised counsel that any a p p ro va l of the specific terms of their settlement agreement would be postponed, s u b je c t to a hearing under Fed. Rules of Civ.P. Rule 23(e). A c c o r d in g ly ,

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IT IS ORDERED that all further proceedings in this case be stayed; IT IS FURTHER ORDERED that plaintiffs and state defendants shall submit a written report to the court on or before June 15, 2010, detailing the progress of the s ta te takeover of the administration of the income maintenance programs in M ilw a u k e e County. D a te d at Milwaukee, W is c o n s in , this 10th day of July, 2009. BY THE COURT:

J .P . Stadtmueller U .S . District Judge

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