Since the court finds that the class proposed by plaintiffs meets all the requirements of Rule 23(a) and (b)(2), the order will also grant plaintiffs' motion for class certification. Fed. R. Civ. P. 23.
Thomas A. Flannery UNITED STATES DISTRICT JUDGE
May 17, 1976 [EDITOR'S NOTE: The following court-provided text does not appear at this cite in 413 F. Supp.]
ORDER FOR PERMANENT INJUNCTION
Upon consideration of the motions of plaintiffs for a preliminary injunction, for class certification, and for deletion of a named plaintiff, the motion of defendants to dismiss, supporting memoranda and affidavits filed by the parties, oppositions thereto, oral argument thereon, and the entire record herein, and for the reasons stated in the Memorandum of Findings of Fact and Conclusions of Law filed by the court this date, and the parties having agreed that the hearing on the merits be advanced and consolidated with the hearing on plaintiffs' motion for preliminary injunction, it is, by the court, this 17th day of May, 1976,
ORDERED that plaintiffs' requests for preliminary and permanent injunctive relief should be, and the same hereby are granted; and it is further
(1) No later than July 15, 1976, the defendants shall submit to the court an accounting reflecting the total amount of monies expended by the State agencies for the Title VII Elderly Nutrition Program in fiscal year 1976.
(2) No later than July 30, 1976, the defendants shall issue a Program Instruction to the State agencies administering the Title VII Elderly Nutrition Program informing them that they shall operate the Title VII Program during the Transition Quarter and Fiscal Year 1977 in such a manner that, thereafter, the Program will no longer operate on a forward-funded basis, and thus every State agency shall spend -- during the Transition Quarter (July 1, 1976 through September 30, 1976), and fiscal year 1977 (October 1, 1976 through September 30, 1977) -- all of the funds mandated by Congress for expenditure in the Transition Quarter ($46.875 million), plus whatever Program expenditures Congress mandates for Fiscal Year 1977, plus the difference between $187.5 million and the total amount Year 1977, plus the difference between $187.5 million and the total amount of funds the defendants' accounting reflects was actually expended by the State agencies for the Program in fiscal year 1976. Such Program Instruction shall also inform the State agencies that, in order to carry out this spending mandate, it will be necessary to increase their annualized rate of Program expenditures above the $187.5 million limit, imposed by the defendants' Program Instruction of March 27, 1976 [AoA-PI-76-14].
(3) To facilitate planning for such increased expenditures, the defendants shall release to the State agencies, no later than June 1, 1976, the remaining $37.5 million in Fiscal Year 1976 appropriations, and, no later than July 1, 1976, the total $31.250 million in Transition Quarter appropriations -- all of which funds have been appropriated for the Program under the Labor-HEW Appropriations Act for Fiscal Year 1976 and the Transition Quarter [P.L. 94-206 (Jan. 28, 1976), 90 Stat. 3]. Similarly, the defendants shall release to the state agencies whatever funds Congress appropriates for the Title VII Program for Fiscal Year 1977 no later than forty-five days after such appropriations have been enacted into law.
(4) The defendants shall require that the State agencies report to the defendants, no later than May 1, 1977, the total amount of funds that each such agency expended for the Program between October 1, 1976 and March 31, 1977 and the amount of funds that each such agency expects to spend by the end of fiscal year 1977. Based on this information, the defendants, by no later than June 1, 1977, shall reallocate funds -- in accordance with section 703(b) of the Older Americans Act [ 42 U.S.C. § 3045b (b)] -- from State agencies that will not, to State agencies that will, expend their allocations of the funds mandated for expenditure under part 2 of this Order.
(5) By no later than November 1, 1976, February 1, 1977, May 1, 1977, August 1, 1977 and November 1, 1977, the defendants shall provide this court and plaintiffs' counsel with an accounting of the amount of funds spent by the State agencies for the Title VII Program during the July-September, 1976 quarter; the October-December, 1976 quarter; the January-March, 1977 quarter; the April-June, 1977 quarter; and the July-September, 1977 quarter, respectively; and it is further
ORDERED that plaintiffs' motion to certify the class of "all impoverished individuals, 60 years of age or older, who are in need of, and who seek the benefits of the Nutrition Program for the Elderly [Title VII of the Older Americans Act, 42 U.S.C. §§ 3405, et seq.], but who are fully or partially denied such participation and aid as a result of the defendants' unlawful impoundment of between $26.5 - $37.5 million in appropriated program funds," should be, and the same hereby is, granted; and it is further
ORDERED that plaintiffs' motion to drop Ollie Carpenter as a named plaintiff should be, and the same hereby is, granted; and it is further
ORDERED that defendants' motion to dismiss should be, and the same hereby is, denied.