Case: DeSario v. Thomas

3:96-cv-00646 | U.S. District Court for the District of Connecticut

Filed Date: April 11, 1996

Closed Date: 2002

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Case Summary

On April 11, 1996, a group of Connecticut Medicaid recipients filed a lawsuit in the U.S. District Court for the District of Connecticut against the Connecticut Department of Social Services (DSS). The plaintiffs filed the lawsuit under the Medicaid Act, Title XIX of the Social Security Act (42 U.S.C § 1396), as well as 42 U.S.C. § 1983 and the Due Process Clause of the Fourteenth Amendment. The plaintiffs alleged that the DSS had improperly administered Connecticut's Medicaid program with respect to the process by which payments of durable medical equipment (DME) are authorized. Specifically, the plaintiffs challenged two of defendant's regulations: one in which the defendant was permitted to deny coverage to plaintiffs for DME not included on the defendant's fee schedule; and one in which the defendant identified specific equipment as being categorically excluded from coverage, including, inter alia, air conditioners and room humidifiers. Plaintiffs sought an injunction, barring the DSS from applying the exclusive fee schedule to their requests for approval of DME and requiring the DSS to provide the medically necessary DME for which plaintiffs contend they are eligible.

On January 7, 1997, the District Court (Judge Janet Bond Arterton) granted plaintiffs' Motion for Class Certification. The class consisted of two subclasses: (1) Connecticut Medicaid recipients who have been or who will be denied coverage for equipment on the basis that such equipment is not included on the DSS's fee schedule list for such equipment, and (2) Connecticut Medicaid recipients who have been or who will be denied coverage for equipment on the basis that such equipment is not included on the DSS's fee schedule list for such equipment due to the DSS's having identified the equipment as being specifically excluded from coverage. DeSario v. Thomas, 963 F. Supp. 120, 141 (D. Conn. 1997).

On February 13, 1997, the District Court granted the plaintiffs' Motion for Preliminary Injunction. DeSario v. Thomas, 963 F. Supp. 120, 124 (D. Conn. 1997). However, the DSS appealed to the U.S. Court of Appeals for the Second Circuit, and on February 24, 1998, the Second Circuit (Judge Guido Calabresi, Judge Dennis Jacobs, and District judge Charles Brieant, Jr.) held that DSS's definition of DME was permissible under the Medicaid program as well as DSS's use of fee schedule to determine Medicaid coverage for DME. DeSario v. Thomas, 139 F.3d 80, 98 (2nd Cir. 1998).

On January 19, 1999, the U.S. Supreme Court granted the plaintiffs' petition for writ of certiorari, vacated the judgment, and remanded the case to the Second Circuit "for further consideration in light of the interpretive guidance issued by the Health Care Financing Administration on September 4, 1998." Slekis v. Thomas, 525 U.S. 1098 (1999).

After the case was remanded, the parties reached a settlement agreement, which was approved by the District Court on June 23, 1999. Under the settlement, the state agreed to (1) have a process for annually updating its DME list, (2) allow a recipient to obtain an item not on the list if she can demonstrate that there is not a less costly Medicaid service or an item that could meet her needs as effectively, and (3) adopt regulations clarifying that a request for an item which is not on the DME list will not be denied solely because it is not on the DME list. The case is now closed.

Summary Authors

Jordan Rossen (3/16/2013)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/10929179/parties/desario-v-thomas/

Judge(s)

Arterton, Janet Bond (Connecticut)

Brieant, Charles L. Jr. (New York)

Calabresi, Guido (Connecticut)

Attorney for Plaintiff

Attorney for Defendant

Barber, Hugh (Connecticut)

Blumenthal, Richard (Connecticut)

Expert/Monitor/Master/Other

Judge(s)

Arterton, Janet Bond (Connecticut)

Brieant, Charles L. Jr. (New York)

Calabresi, Guido (Connecticut)

Jacobs, Dennis G. (New York)

Attorney for Plaintiff

Garten, Susan (Connecticut)

White, Shelley (Connecticut)

Attorney for Defendant

Barber, Hugh (Connecticut)

Blumenthal, Richard (Connecticut)

Lynch, Richard J. (Connecticut)

Merrill, Judith A. (Connecticut)

Mollin, Alfred (District of Columbia)

Nash, Lauren M. (Connecticut)

Other

Choe, Kenneth Y. (District of Columbia)

DuMont, Edward C. (District of Columbia)

Golinker, Lewis (New York)

Hunger, Frank W. (District of Columbia)

Kneedler, Edwin S. (District of Columbia)

Rabb, Harriet (New York)

Solet, Irene M. (District of Columbia)

Steinmeyer, Anthony J. (District of Columbia)

Toubman, Sheldon V. (Connecticut)

Waxman, Seth (District of Columbia)

Wilder, Marcy (District of Columbia)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

3:96-cv-00646	Docket	Jan. 7, 2002	Jan. 7, 2002 Docket
3:96-cv-00646	Appellate Docket U.S. Court of Appeals for the Second Circuit	Jan. 11, 2002	Jan. 11, 2002 Docket
3:96-cv-00646	Order (Granting petition for writ of certiorari, vacating judgment, and remanding case for further consideration in light of the interpretive guidance issued by the Health Care Financing Administration) Slekis v. Thomas Supreme Court of the United States	Jan. 19, 1991	Jan. 19, 1991 Order/Opinion 525 U.S. 1098
90 3:96-cv-00646	Order Reconsidering Class Certification and Clarifying Injunction	Feb. 13, 1997	Feb. 13, 1997 Order/Opinion 963 F.Supp. 120
3:96-cv-00646	Brief of Defendant-Third-Party Plaintiff-Appellant U.S. Court of Appeals for the Second Circuit	April 10, 1997	April 10, 1997 Pleading / Motion / Brief 1997 WL 33544218
3:96-cv-00646	Brief of the Plaintiffs-Appellees and the Intervenor-Plaintiffs-Appellees U.S. Court of Appeals for the Second Circuit	May 13, 1997	May 13, 1997 Pleading / Motion / Brief 1997 WL 33544217
3:96-cv-00646	Opinion Vacating District Court's Injunction and Remanding Case for Further Proceedings U.S. Court of Appeals for the Second Circuit	Feb. 24, 1998	Feb. 24, 1998 Order/Opinion 139 F.3d 80
3:96-cv-00646	Brief for the United States as Amicus Curiae Slekis v. Thomas Supreme Court of the United States	Dec. 1, 1998	Dec. 1, 1998 Pleading / Motion / Brief
	Connecticut Department of Social Services Press Release No Court	Sept. 15, 1999	Sept. 15, 1999 Press Release

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/10929179/desario-v-thomas/

Last updated Aug. 25, 2026, 5:09 p.m.

Docket for: DeSario v. Thomas

ECF Number	Date	Description	Link
1	April 11, 1996	COMPLAINT Filing Fee $ 120.00 Receipt # 154100 (Villano, P.) (Entered: 04/15/1996)	RECAP
2	April 11, 1996	ORDER on Pretrial Deadlines handed to counsel. Discovery cutoff 10/11/96 ; Dispositive Motions due 11/10/96 Amended Pleadings due 6/11/96 Motions to Dismiss due 7/11/96 (Villano, P.) (Entered: 04/15/1996)	RECAP
3	April 11, 1996	MOTION by Concetta DeSario, Betty Emerson for Preliminary Injunction (Villano, P.) Modified on 04/16/1996 (Entered: 04/15/1996)	RECAP
4	April 11, 1996	MEMORANDUM by Concetta DeSario, Betty Emerson in support of their [3-1] motion for Preliminary Injunction (Lopez, B.) (Entered: 04/16/1996)	RECAP
	April 11, 1996	SUMMONS(ES) issued for Joyce A. Thomas (Villano, P.)
5	April 15, 1996	MOTION by Concetta DeSario, Betty Emerson for Shortened Briefing Period re Motion for Preliminary Injunctive Relief, to 12 days, to 4/23/96 (Jefferson, V.) (Entered: 04/16/1996)	RECAP
6	April 15, 1996	MEMORANDUM by Concetta DeSario, Betty Emerson in support of [5-1] motion for Shortened Briefing Period re Motion for Preliminary Injunctive Relief, to 12 days, to 4/23/96 (Jefferson, V.) (Entered: 04/16/1996)	RECAP
7	April 18, 1996	SCHEDULING ORDER: opposition to Motion for Preliminary Injunction filed by 4/23/96. Oral argument re motion on 4/24/96 ( signed by Judge Janet B. Arterton ) (Jefferson, V.) (Entered: 04/18/1996)	RECAP
	April 18, 1996	ENDORSEMENT granting [5-1] motion for Shortened Briefing Period re Motion for Preliminary Injunctive Relief Brief Deadline set for 4/23/96 [3-1] motion for Preliminary Injunction ( signed by Judge Janet B. Arterton ) (Jefferson, V.)
	April 18, 1996	Motion hearing re: [3-1] motion for Preliminary Injunction by Betty Emerson, Concetta DeSario set at 1:00 4/23/96 ( JBA) (Jefferson, V.)
8	April 23, 1996	APPEARANCE of Attorney for Joyce A. Thomas, official capacity -- Richard J. Lynch, Hugh Barber, Judith A. Merrill (Jefferson, V.) (Entered: 04/23/1996)	RECAP
9	April 24, 1996	MEMORANDUM by Joyce A. Thomas in opposition to [3-1] motion for Preliminary Injunction by Betty Emerson, Concetta DeSario (Jefferson, V.) (Entered: 04/25/1996)	RECAP
10	April 24, 1996	SUPPLEMENTAL MEMORANDUM by Joyce A. Thomas in opposition to [3-1] motion for Preliminary Injunction by Betty Emerson, Concetta DeSario (Jefferson, V.) (Entered: 04/25/1996)	RECAP
14	April 24, 1996	Show Cause Hearing held regarding preliminary injunction application--decision reserved. (JBA) (Smith, S.) (Entered: 05/01/1996)	RECAP
	April 24, 1996	SUMMONS re issued for Joyce A. Thomas (Jefferson, V.)
11	April 26, 1996	REPLY by Concetta DeSario, Betty Emerson to response to [3-1] motion for Preliminary Injunction by Betty Emerson, Concetta DeSario (Jefferson, V.) (Entered: 04/29/1996)	RECAP
12	April 26, 1996	SUMMONS Returned Executed on 4/25/96 as to Joyce A. Thomas, personal service (Jefferson, V.) (Entered: 04/29/1996)	RECAP
13	April 30, 1996	SECOND SUPPLEMENTAL OBJECTION by Joyce A. Thomas to [3-1] motion for Preliminary Injunction by Betty Emerson, Concetta DeSario (Jefferson, V.) (Entered: 04/30/1996)	RECAP
15	May 3, 1996	MOTION by Concetta DeSario, Betty Emerson to Certify Class (Brief Due 5/24/96 ) (Jefferson, V.) (Entered: 05/07/1996)	RECAP
16	May 3, 1996	MEMORANDUM by Concetta DeSario, Betty Emerson in support of [15-1] motion to Certify Class (Jefferson, V.) (Entered: 05/07/1996)	RECAP
17	May 6, 1996	MOTION by Caroline Stevenson to Intervene as party plaintiff (Brief Due 5/27/96 ) (Jefferson, V.) (Entered: 05/08/1996)	RECAP
18	May 6, 1996	MEMORANDUM by Caroline Stevenson in support of [17-1] motion to Intervene as party plaintiff (Jefferson, V.) (Entered: 05/08/1996)	RECAP
19	May 6, 1996	MOTION by Howard Wolan to Intervene as party plaintiff (Brief Due 5/27/96 ) (Jefferson, V.) (Entered: 05/08/1996)	RECAP
20	May 6, 1996	MEMORANDUM by Howard Wolan in support of [19-1] motion to Intervene as party plaintiff (Jefferson, V.) (Entered: 05/08/1996)	RECAP
21	May 8, 1996	MOTION by Caroline Stevenson, Howard Wolan for Preliminary Injunction (Brief Due 5/29/96) (Lopez, B.) (Entered: 05/09/1996)	RECAP
22	May 8, 1996	MEMORANDUM by Caroline Stevenson, Howard Wolan in support of their [21-1] motion for Preliminary Injunction (Lopez, B.) (Entered: 05/09/1996)	RECAP
23	May 8, 1996	MOTION by Caroline Stevenson, Howard Wolan for Shortened Briefing Period for Intervenors' Motion for Preliminay Injunctive Relief, 7 days from filing (Lopez, B.) (Entered: 05/09/1996)	RECAP
24	May 8, 1996	MEMORANDUM by Caroline Stevenson, Howard Wolan in support of their [23-1] motion for Shortened Briefing Period for Intervenors' Motion for Preliminay Injunctive Relief, 7 days from filing (Lopez, B.) (Entered: 05/09/1996)	RECAP
25	May 10, 1996	OBJECTIONS by Joyce A. Thomas to [23-1] motion for Shortened Briefing Period for Intervenors' Motion for Preliminay Injunctive Relief, 7 days from filing by Howard Wolan, Caroline Stevenson (Jefferson, V.) (Entered: 05/13/1996)	RECAP
26	May 14, 1996	MOTION by Joyce A. Thomas to Extend Time to respond to Class Certification, until 2 weeks after rules on Motion to Intervene (Jefferson, V.) (Entered: 05/14/1996)	RECAP
27	May 15, 1996	Intervenor's COMPLAINT by Caroline Stevenson against Joyce A. Thomas (Jefferson, V.) (Entered: 05/15/1996)	RECAP
28	May 15, 1996	OBJECTIONS by Joyce A. Thomas to [19-1] motion to Intervene as party plaintiff by Howard Wolan (Jefferson, V.) (Entered: 05/16/1996)	RECAP
	May 15, 1996	ENDORSEMENT granting [17-1] motion to Intervene as party plaintiff. Clerk is directed to docket Intervernor's Complaint ( signed by Judge Janet B. Arterton ) (Jefferson, V.)
29	May 16, 1996	REPLY by Concetta DeSario, Betty Emerson to response to [19-1] motion to Intervene as party plaintiff by Howard Wolan (Jefferson, V.) (Entered: 05/17/1996)	RECAP
30	May 17, 1996	THIRD-PARTY COMPLAINT by Joyce A. Thomas against HHS (Jefferson, V.) (Entered: 05/20/1996)	RECAP
	May 17, 1996	SUMMONS(ES) issued for HHS (Jefferson, V.)
31	May 20, 1996	REPORT of Parties Planning Meeting (Jefferson, V.) (Entered: 05/21/1996)	RECAP
32	May 20, 1996	Evidentiary Hearing held. Post-hearing briefs due 5/28/96 ( JBA) (Jefferson, V.) (Entered: 05/21/1996)	RECAP
33	May 20, 1996	Marked Exhibit/witness List as to Concetta DeSario, Betty Emerson, Joyce A. Thomas (Jefferson, V.) (Entered: 05/21/1996)	RECAP
34	May 28, 1996	APPEARANCE of Attorney for HHS -- Lauren M. Nash (Jefferson, V.) (Entered: 05/29/1996)	RECAP
35	May 28, 1996	MOTION by HHS to Extend Time to file brief re issues, to 6/27/96 (Jefferson, V.) (Entered: 05/29/1996)	RECAP
36	May 28, 1996	SUPPLEMENTAL MEMORANDUM by Joyce A. Thomas in opposition to [3-1] motion for Preliminary Injunction by Betty Emerson, Concetta DeSario (Jefferson, V.) (Entered: 05/29/1996)	RECAP
37	May 28, 1996	SUPPLEMENTAL MEMORANDUM by Concetta DeSario, Betty Emerson, Caroline Stevenson, Howard Wolan in support of [3-1] motion for Preliminary Injunction (Jefferson, V.) (Entered: 05/29/1996)	RECAP
38	May 28, 1996	PROPOSED Findings of Fact and Conclusions of Law by Concetta DeSario, Betty Emerson, Caroline Stevenson, Howard Wolan . (Jefferson, V.) (Entered: 05/29/1996)	RECAP
39	June 7, 1996	ANSWER and Affirmative Defenses by Joyce A. Thomas to amended complaint (Jefferson, V.) (Entered: 06/07/1996)	RECAP
40	June 7, 1996	MOTION by Joyce A. Thomas to Strike [38-1] findings of fact proposed by Howard Wolan, Caroline Stevenson, Betty Emerson, Concetta DeSario (Brief Due 6/28/96 ) (Jefferson, V.) (Entered: 06/07/1996)	RECAP
41	June 7, 1996	REPLY by Joyce A. Thomas to response to [3-1] motion for Preliminary Injunction by Betty Emerson, Concetta DeSario, to Post-Hearing Memo of 5/28/96 (Jefferson, V.) (Entered: 06/10/1996)	RECAP
42	June 10, 1996	MEMORANDUM by Joyce A. Thomas in opposition to [15-1] motion to Certify Class by Betty Emerson, Concetta DeSario (Jefferson, V.) (Entered: 06/11/1996)	RECAP
43	June 10, 1996	NOTICE of filing of Affidavit re Motion for Preliminary Injunction by Concetta DeSario, Betty Emerson (Jefferson, V.) (Entered: 06/11/1996)	RECAP
44	June 10, 1996	AFFIDAVIT of Sheldon Toubman Re [3-1] motion for Preliminary Injunction by Betty Emerson, Concetta DeSario (Jefferson, V.) (Entered: 06/11/1996)	RECAP
45	June 12, 1996	MOTION by Concetta DeSario, Betty Emerson for Leave to File reply to Memo in Response to Post-Hearing Memo (Jefferson, V.) (Entered: 06/12/1996)	RECAP
46	June 12, 1996	OBJECTIONS by Concetta DeSario, Betty Emerson to [40-1] motion to Strike [38-1] findings of fact proposed by Howard Wolan, Caroline Stevenson, Betty Emerson, Concetta DeSario by Joyce A. Thomas (Jefferson, V.) (Entered: 06/12/1996)	RECAP
47	June 13, 1996	SCHEDULING ORDER granting [35-1] motion to Extend Time to file brief. Third-Party Defendant Shalala shall file her brief by 6/19/96. Any response by parties filed by 6/26/96 @ 12 noon. granting [26-1] motion to Extend Time, Brief Deadline set for 6/10/96 [15-1] motion to Certify Class Any reply by plaintiff shall be filed by 6/17/96. Courtesy copies of briefs to chambers ( signed by Judge Janet B. Arterton ) (Jefferson, V.) (Entered: 06/13/1996)	RECAP
48	June 14, 1996	Response by Joyce A. Thomas to [43-1] notice by Betty Emerson, Concetta DeSario, [44-1] affidavit by Betty Emerson, Concetta DeSario (Jefferson, V.) (Entered: 06/17/1996)	RECAP
49	June 17, 1996	REPLY by Concetta DeSario, Betty Emerson to response to [15-1] motion to Certify Class by Betty Emerson, Concetta DeSario (Jefferson, V.) (Entered: 06/17/1996)	RECAP
50	June 19, 1996	TRANSCRIPT for date of May 20, 1996 (Court reporter: Montini) (Former Employee) (Entered: 06/19/1996)	RECAP
51	June 19, 1996	Response by HHS to [47-1] order re [15-1] motion to Certify Class (Jefferson, V.) (Entered: 06/21/1996)	RECAP
52	June 26, 1996	Reply by Concetta DeSario, Betty Emerson to [51-1] response by HHS re [47-1] order Brief Deadline set for 6/10/96 re [15-1] motion to Certify Class, [15-1] motion to Certify Class by Betty Emerson, Concetta DeSario (Jefferson, V.) (Entered: 06/26/1996)	RECAP
53	July 16, 1996	ANSWER and defenses by HHS to [30-1] third-party complaint by Joyce A. Thomas (Former Employee) (Entered: 07/18/1996)	RECAP
54	July 23, 1996	MOTION by Howard Wolan to Withdraw [19-1] motion to Intervene as party plaintiff by Howard Wolan, [20-1] support memorandum by Howard Wolan (Former Employee) (Entered: 07/24/1996)	RECAP
55	Nov. 8, 1996	MOTION by Joyce A. Thomas to Stay scheduling order (Jefferson, V.) (Entered: 11/13/1996)	RECAP
56	Nov. 26, 1996	MOTION by Howard Wolan for Preliminary Injunction (Brief Due 12/17/96 ) (Torday, B.) (Entered: 11/27/1996)	RECAP
57	Nov. 26, 1996	MEMORANDUM by Howard Wolan in support of [56-1] motion for Preliminary Injunction (Torday, B.) (Entered: 11/27/1996)	RECAP
58	Nov. 26, 1996	MOTION by Howard Wolan to Intervene (Brief Due 12/17/96 ) (Torday, B.) (Entered: 11/27/1996)	RECAP
59	Nov. 26, 1996	MEMORANDUM by Howard Wolan in support of [58-1] motion to Intervene (Torday, B.) (Entered: 11/27/1996)	RECAP
	Dec. 11, 1996	ENDORSEMENT granting [55-1] motion to Stay scheduling order. Court's scheduling order deadlines are stayed pending ruling on Motion for Preliminary Injunction ( signed by Judge Janet B. Arterton ) (Jefferson, V.)
60	Dec. 13, 1996	MOTION by Thomas Slekis to Intervene as party plaintiff (Brief Due 1/3/97 ) (Jefferson, V.) (Entered: 12/17/1996)	RECAP
61	Dec. 13, 1996	MEMORANDUM by Thomas Slekis in support of [60-1] motion to Intervene as party plaintiff (Jefferson, V.) (Entered: 12/17/1996)	RECAP
68	Dec. 13, 1996	MOTION by Thomas Slekis for Preliminary Injunction (Jefferson, V.) (Entered: 01/03/1997)	RECAP
69	Dec. 13, 1996	MEMORANDUM by Thomas Slekis in support of [68-1] motion for Preliminary Injunction (Jefferson, V.) (Entered: 01/03/1997)	RECAP
62	Dec. 16, 1996	MOTION by Joyce A. Thomas to Extend Time to respond to Motion to Intervene and Preliminary Injunction, to 12/30/96 (Jefferson, V.) (Entered: 12/17/1996)	RECAP
	Dec. 18, 1996	ENDORSEMENT granting [62-1] motion to Extend Time to respond to Motion to Intervene and Preliminary Injunction, to 12/30/96, Brief Deadline set for 12/30/96 [58-1] motion to Intervene, set for 12/30/96 [56-1] motion for Preliminary Injunction ( signed by Judge Janet B. Arterton ) (Jefferson, V.)
63	Dec. 20, 1996	OBJECTIONS by Joyce A. Thomas to [60-1] motion to Intervene as party plaintiff by Thomas Slekis (Jefferson, V.) (Entered: 12/26/1996)	RECAP
64	Dec. 26, 1996	NOTICE of filing of Affidavit of Treating Physician, R. Kostecki, MD by Thomas Slekis (Jefferson, V.) (Entered: 12/27/1996)	RECAP
65	Dec. 26, 1996	AFFIDAVIT of Richard J. Kostecki, MD by Thomas Slekis Re [60-1] motion to Intervene as party plaintiff by Thomas Slekis (affidavit in support of Motion for Preliminary Injunction) (Jefferson, V.) (Entered: 12/27/1996)	RECAP
66	Dec. 27, 1996	OBJECTIONS by Joyce A. Thomas to [60-1] motion to Intervene as party plaintiff by Thomas Slekis (Jefferson, V.) (Entered: 12/27/1996)	RECAP
67	Dec. 30, 1996	Evidentiary Hearing held. Motion to Intervene, #60, GRANTED. Motion to Withdraw, #54, GRANTED. Motion for Leave to File #45, GRANTED. Motion for Preliminary Injunction, GRANTED. Hearing continued until 1/9/97 @ 9:00 ( JBA) (Jefferson, V.) (Entered: 01/03/1997)	RECAP
70	Dec. 30, 1996	Intervenor's COMPLAINT by Thomas Slekis against Joyce A. Thomas (Jefferson, V.) (Entered: 01/03/1997)	RECAP
	Dec. 30, 1996	MINUTE Entry: granting [60-1] motion to Intervene as party plaintiff, granting [54-1] motion to Withdraw [19-1] motion to Intervene as party plaintiff by Howard Wolan, [20-1] support memorandum by Howard Wolan, withdrawing [58-1] motion to Intervene, withdrawing [56-1] motion for Preliminary Injunction, granting [45-1] motion for Leave to File reply to Memo in Response to Post-Hearing Memo, granting [68-1] motion for Preliminary Injunction ( JBA) (Jefferson, V.)
71	Jan. 7, 1997	TRANSCRIPT for date of December 30, 1996 (Court reporter: Montini) (Cody, C.) (Entered: 01/07/1997)	RECAP
72	Jan. 7, 1997	RULING granting [15-1] motion to Certify Class. See Ruling for details 22 pgs. (signed by Judge Janet B. Arterton) (Lopez, B.) (Entered: 01/09/1997)	RECAP
73	Jan. 8, 1997	MEMORANDUM of Supplemental Authorities by Thomas Slekis in support of [68-1] motion for Preliminary Injunction (Lopez, B.) (Entered: 01/09/1997)	RECAP
76	Jan. 9, 1997	Evidentiary Hearing held. Hearing continued until 1/10/97 @ 2:00 ( JBA) (Jefferson, V.) (Entered: 01/15/1997)	RECAP
74	Jan. 10, 1997	RULING on Plaintiffs' Motion for Preliminary Injunction: granting [68-1] motion for Preliminary Injunction, granting [3-1] motion for Preliminary Injunction. This order shall remain in effect until further order of the Court. SEE for details. 58 pgs. ( signed by Judge Janet B. Arterton ) (Jefferson, V.) (Entered: 01/13/1997)	RECAP
75	Jan. 10, 1997	MEMORANDUM by Joyce A. Thomas in opposition to [58-1] motion to Intervene by Howard Wolan, [56-1] motion for Preliminary Injunction by Howard Wolan (Jefferson, V.) (Entered: 01/13/1997)	RECAP
77	Jan. 10, 1997	NOTICE of filing of Amended Certification re Renewed Motion to Intervene by Howard Wolan (Jefferson, V.) (Entered: 01/15/1997)	RECAP
78	Jan. 10, 1997	AFFIDAVIT of Nancy Lansing by Howard Wolan Re [77-1] notice by Howard Wolan (Jefferson, V.) (Entered: 01/15/1997)	RECAP
79	Jan. 10, 1997	Marked exhibit List for 1/9/97 as to Joyce A. Thomas (Jefferson, V.) (Entered: 01/15/1997)	RECAP
80	Jan. 10, 1997	Marked witness List as to Concetta DeSario, Joyce A. Thomas (Jefferson, V.) (Entered: 01/15/1997)	RECAP
81	Jan. 10, 1997	Marked wxhibit List as to Concetta DeSario (Jefferson, V.) (Entered: 01/15/1997)	RECAP
82	Jan. 10, 1997	Motion hearing held re: [3-1] motion for Preliminary Injunction by Betty Emerson, Concetta DeSario, GRANTED ( JBA) (Jefferson, V.) (Entered: 01/15/1997)	RECAP
	Jan. 10, 1997	ENDORSEMENT denying [40-1] motion to Strike [38-1] findings of fact proposed by Howard Wolan, Caroline Stevenson, Betty Emerson, Concetta DeSario, for the reasons set forth in footnote #1 of Court's Ruling on Plaintiffs' Motion for Class Certification #72 ( signed by Judge Janet B. Arterton ) (Jefferson, V.)
	Jan. 10, 1997	Deadline updated; 26(f) Report of Conference Due 1/24/97 (Jefferson, V.)
85	Jan. 16, 1997	MOTION by Concetta DeSario, Betty Emerson for Expansion of Preliminary Injunction to Include Absent Class Members (Brief Due 2/6/97 ) (Inferrera, L.) (Entered: 01/22/1997)	RECAP
83	Jan. 22, 1997	MOTION by Joyce A. Thomas to Reargue [74-1] ruling dated 1/10/97 & [72-1] ruling dated 1/7/97, re: [68-1] motion for Preliminary Injunction, [15-1] motion to Certify Class, [3-1] motion for Preliminary Injunction (Brief Due 2/12/97) (Lopez, B.) (Entered: 01/22/1997)	RECAP
84	Jan. 22, 1997	MEMORANDUM by Joyce A. Thomas in support of [83-1] motion to Reargue [74-1] ruling dated 1/10/97 & [72-1] ruling dated 1/7/97, re: [68-1] motion for Preliminary Injunction, [15-1] motion to Certify Class, [3-1] motion for Preliminary Injunction (Lopez, B.) (Entered: 01/22/1997)	RECAP
86	Jan. 27, 1997	MOTION by Betty Emerson, Concetta DeSario for Clarification of [74-1] order re Preliminary Injunction (Jefferson, V.) (Entered: 01/28/1997)	RECAP
87	Jan. 27, 1997	REPORT of Parties Planning Meeting (Jefferson, V.) (Entered: 01/28/1997)	RECAP
88	Feb. 7, 1997	TRANSCRIPT for date of 1/9/97 (Court reporter: MONTINI, R.) (Jefferson, V.) (Entered: 02/07/1997)	RECAP
89	Feb. 7, 1997	NOTICE OF INTERLOCUTORY APPEAL of [74-1] order by Joyce A. Thomas FILING FEE $ 105.00 RECEIPT # 156629, Certified Copy of Inter. Appeal and Docket mailed to USCA. (Villano, P.) (Entered: 02/11/1997)	RECAP

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Case Details

State / Territory:

Connecticut

Case Type(s):

Public Benefits/Government Services

Healthcare Access and Reproductive Issues

Special Collection(s):

Olmstead Cases

Key Dates

Filing Date: April 11, 1996

Closing Date: 2002

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A class of Connecticut Medicaid recipients who were denied coverage for items of equipment that met the State’s general ‘durable medical equipment’ definition but that were not on the State’s list of covered items

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

State

Connecticut Department of Social Services

Case Details

Causes of Action:

42 U.S.C. § 1983