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Order | Filed: April 30, 2024 | Entered: April 30, 2024 BREAD FOR THE CITY v. DISTRICT OF COLUMBIA
Civil Rights: Americans with Disabilities - Other | District Of Columbia
.Order
MINUTE ORDER. It is hereby ORDERED that the parties shall file supplemental briefing addressing the following questions:
1. How should the Court define the activity, program, or service at issue in this case and the benefits of that activity, program, or service? If the parties have competing views, how should the Court choose between them?
2. How, if at all, does the D.C. Circuit's decision in Modderno v. King, 82 F.3d 1059 (D.C. Cir. 1996), apply to this case? In particular, the parties should address whether Modderno's precedential value is affected by the Supreme Court's decision in Olmstead v. L.C. ex rel. Zimring, 527 U.S. 581 (1999), or subsequent amendments to the ADA.
3. What is the citation (both statutory/regulatory and in the Complaint) for Plaintiff's contention that many or all individuals experiencing mental-health emergencies qualify as having a "disability" under the ADA and the Rehabilitation Act because they are "regarded as" having a disability? How, if at all, does that contention affect the analysis in this case?
4. Is there any case law addressing "equal opportunity" as a distinct type of claim under the ADA and the Rehabilitation Act?
5. How, if at all, could Plaintiff amend its Complaint to more clearly support its "regarded as" theory of disability or to elaborate on how mental-health services relate to its mission? Defendant need not address this topic until its response.
The Court would also welcome the view of amici or the United States on these topics.
It is further ORDERED that the parties shall confer to develop a proposed schedule and page limitations for this supplemental briefing, including simultaneous opening briefs and simultaneous responses. The schedule will ideally conclude by mid-June but may reach into early July if necessary. The Court anticipates that the parties will agree that Plaintiff will have a slightly longer opening brief to discuss possible amendments to its Complaint and that Defendant will have a slightly longer response to address those possible amendments. It is further ORDERED that the parties shall file their proposed schedule and page limitations on or before May 7, 2024.
The Court thanks the parties for their helpful presentations at today's argument on Defendant's 42 Motion to Dismiss. All counsel were plainly well prepared and did excellent jobs advocating for their clients. Signed by Judge Ana C. Reyes on 4/30/2024. (lcar3) -
Order | Filed: April 30, 2024 | Entered: April 30, 2024 BREAD FOR THE CITY v. DISTRICT OF COLUMBIA
Civil Rights: Americans with Disabilities - Other | District Of Columbia
.Order
MINUTE ORDER. It is hereby ORDERED that, on or before May 6, 2024, the parties shall show cause, if any, why the Court should not order mediation with a private mediator chosen by the parties with experience with the ADA and Rehabilitation Act and/or the issues raised in the Complaint, with the parties to share the costs evenly. Signed by Judge Ana C. Reyes on 4/30/2024. (lcar3)
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Order | Filed: April 29, 2024 | Entered: April 29, 2024 Government Employees Health Association v. Actelion Pharmaceuticals Ltd. et al
Anti-Trust | Maryland
Order for Settlement Conference
PAPERLESS ORDER canceling the settlement conference previously scheduled for 5/15/2024. After reviewing the parties' joint letter of 4/26/2024 and consulting with counsel, the Court finds that a settlement conference would not be productive at this time. The parties are encouraged to contact my chambers when they are in a position to engage in a meaningful settlement conference. Signed by Magistrate Judge Timothy J. Sullivan on 4/29/2024. (bcs, Chambers)
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