Case: Strouchler v. Shah

1:12-cv-03216 | U.S. District Court for the Southern District of New York

Filed Date: April 23, 2012

Closed Date: Sept. 16, 2014

Clearinghouse coding complete

Case Summary

This class-action lawsuit was filed on April 23, 2012 in the United States District Court for the Southern District of New York. The plaintiffs were elderly and/or disabled recipients of Medicaid who received daily twenty-four-hour split-shift in-home care through the New York State Medicaid program. The suit was filed against the Commissioner of the New York State Department of Health and the Executive Deputy Commissioner of the New York State of Temporary and Disability Assistance (the "Stat…

This class-action lawsuit was filed on April 23, 2012 in the United States District Court for the Southern District of New York. The plaintiffs were elderly and/or disabled recipients of Medicaid who received daily twenty-four-hour split-shift in-home care through the New York State Medicaid program. The suit was filed against the Commissioner of the New York State Department of Health and the Executive Deputy Commissioner of the New York State of Temporary and Disability Assistance (the "State Defendants"), and against the Administrator of the New York City Human Resources Administration/Department of Social Services (the "City Defendant"). Plaintiffs brought the action under the Medicaid Act, 42 U.S.C. § 1396 et seq. and its implementing regulations; Title II of the Americans with Disabilities Act ("ADA"), 42 U.S.C. § 12131 et seq. and its implementing regulations; Section 504 of the Rehabilitation Act of 1973 ("Section 504"), 29 U.S.C. § 794; and the Due Process Clause of the 14th Amendment and Supremacy Clause of the United States Constitution. Plaintiffs sought injunctive and declaratory relief.

The City Defendant had notified members of the putative class that their home care service hours would be reduced, even though their current level of care was physician-prescribed and there had been no changes to their medical conditions or treatment needs, on the basis that the plaintiffs did not meet the "total assistance" requirement of Medicaid regulations. Plaintiffs argued that this policy was arbitrary and irrational, and that because there was not change in the plaintiffs' conditions, these reductions violated the Due Process Clause of the 14th Amendment. Plaintiffs argued that the defendants had discriminated against plaintiffs on the basis of disability and that they had put the plaintiffs at risk of unnecessary institutionalization, contrary to the integration and anti-discrimination and mandates of the ADA and Section 504. Plaintiffs also alleged the defendants had violated the Medicaid Act by denying Medicaid recipients a level of equal in amount, scope, and duration to that provided to other Medicaid recipients with the same medical needs.

On June 12, 2012, the parties agreed to a joint stipulation in lieu of temporary restraining order proceedings before the court, wherein the defendants agreed not to reduce the hours of any additional patients, with very limited exceptions, while the plaintiffs' motion for a preliminary injunction was pending before the Court.

On June 28, 2012, the plaintiffs filed an amended complaint that removed references to preliminary relief. On August 29, 2012, the plaintiffs voluntarily dismissed all claims against the Executive Deputy Commissioner. The Commissioner of the New York State Department of Health remained in the case.

On September 4, 2012, the Court (Judge Shira A. Scheindlin) granted the plaintiffs' motion for a preliminary injunction in part, preventing the defendants from reducing any patients care while the case was pending or until further decisions, except in cases where there were changes to a patient's condition that made the service reduction medically appropriate, as certified by a physician who had personally examined the patient. The Court declined to reinstate twenty-four-hour split-shift care for all those patients whose level of care had been reduced between October 4, 2011 and the date of the injunction. Strouchler v. Shah, 891 F. Supp. 2d 504 (S.D.N.Y. 2012). The Court denied the Defendants' motion to modify this preliminary injunction on September 12, 2012.

On October 5, 2012, the Court (Judge Scheindlin) granted the plaintiffs' motion for class certification, with the Court amending the definition as: "[a]ll New York City Medicaid recipients of continuous personal care services who, at any time since January 1, 2011, have been threatened with unlawful reduction or discontinuance of these services or whose care has been unlawfully reduced or discontinued because the City Defendant has determined that they do not meet the medical criteria for these services." The Court explained that, because the preliminary injunction was in place, it was unnecessary to include the words "or will be." Strouchler v. Shah, 286 F.R.D. 244 (S.D.N.Y. 2012).

On October 15, 2012, the parties filed a joint stipulation, with the defendants' agreeing to reinstate the split-shift care of an individual member of the purported class whose service had been reduced to sleep-in care prior to the date of the preliminary injunction. On November 12, 2012, in the wake of the Hurricane Sandy disaster, the Court ordered the defendants to restore split-shift care to 16 individuals identified by the plaintiffs. This order was modified by an order dated November 16, 2012, which referred to a state-level directive ordering the restoration of split-shift care to certain individuals already being served by a "managed long-term care provider."

The parties then proceeded to the discovery phase of the litigation, while engaging in settlement negotiations.

Two years later, on May 27, 2014, the parties filed a settlement agreement, which was approved by Judge Scheindlin on September 12 of the same year. Under the terms of the settlement agreement, the State and City Defendants agreed that continuous personal care services of any Medicaid recipient thereof shall not be reduced or terminated for any of five reasons: "the recipient needs only 'some' assistance;" "the recipient's needs can be predicted or scheduled;" "the recipient's only medical needs are turning and positioning;" "there has been a change in the recipient's medical condition, unless [the State or City] Defendant submits to the recipient a notice that identifies the change and states why the prior services are no longer needed;" or "there has been a mistake in the previous assessment, unless the [local district or City Defendant] submits to the recipient a notice that identifies the mistake and states why the prior services are not needed." The agreement further stipulates that the State Defendant is to make best efforts to amend state law such that it is consistent with the agreement under the New York State Administrative Procedure Act. In exchange, the plaintiffs released the City and State Defendants from all claims. The case was closed on September 16, 2014.

Summary Authors

Alex Colbert-Taylor (8/8/2013)

Kevin Nomura (4/12/2015)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4621376/parties/strouchler-v-shah/


Judge(s)

Scheindlin, Shira A. (New York)

Attorneys(s) for Plaintiff

Connor, Eileen Mathews (New York)

Dougherty, Donna (New York)

Golick, Toby (New York)

Jeffrey, Randall S. (New York)

Salzman, Leslie (New York)

Taylor, Benjamin (New York)

Attorneys(s) for Defendant

Cardozo, Michael A. (New York)

Carter, Zachary W. (New York)

Kraft, Robert Lewis (New York)

Judge(s)

Scheindlin, Shira A. (New York)

Attorneys(s) for Plaintiff

Connor, Eileen Mathews (New York)

Dougherty, Donna (New York)

Golick, Toby (New York)

Jeffrey, Randall S. (New York)

Salzman, Leslie (New York)

Taylor, Benjamin (New York)

Attorneys(s) for Defendant

Cardozo, Michael A. (New York)

Carter, Zachary W. (New York)

Kraft, Robert Lewis (New York)

Rosinus, David Alan Jr. (New York)

Schneiderman, Eric T. (New York)

Yi, Gloria Mihee (New York)

Expert/Monitor/Master

Schulman, Yisroel (New York)

Documents in the Clearinghouse

Document

1:12-cv-03216

Docket [PACER]

Stouchler v. Shah

Sept. 24, 2014

Sept. 24, 2014

Docket
1

1:12-cv-03216

Class Complaint

April 23, 2012

April 23, 2012

Complaint
13

1:12-cv-03216

Stipulation and Order Concerning Temporary Relief

June 11, 2012

June 11, 2012

Order/Opinion
17

1:12-cv-03216

First Amended Complaint

June 28, 2012

June 28, 2012

Complaint
58

1:12-cv-03216

Stipulation of Voluntary Dismissal Against Defendant Berlin And Order

Aug. 29, 2012

Aug. 29, 2012

Order/Opinion
61

1:12-cv-03216

Opinion and Order

891 F.Supp.2d 504

Sept. 4, 2012

Sept. 4, 2012

Order/Opinion
64

1:12-cv-03216

Order

Sept. 12, 2012

Sept. 12, 2012

Order/Opinion
71

1:12-cv-03216

Opinion and Order

286 F.R.D. 244

Oct. 5, 2012

Oct. 5, 2012

Order/Opinion
72

1:12-cv-03216

Stipulation and Order

Oct. 9, 2012

Oct. 9, 2012

Order/Opinion
74

1:12-cv-03216

Order

Nov. 12, 2012

Nov. 12, 2012

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4621376/strouchler-v-shah/

Last updated June 7, 2022, 3:02 a.m.

ECF Number Description Date Link Date / Link
1

ENDORSEMENT on Declaration in Support of Request to Proceed In Forma Pauperis, I.F.P. REQUEST IS GRANTED. (Signed by Judge Denise L. Cote, Part I on 4/24/2012) (mro) (Entered: 04/25/2012)

April 24, 2012

April 24, 2012

PACER
2

COMPLAINT against Elizabeth Berlin, Robert Doar, Nirav Shah, MD. Document filed by Charles Strouchler, Sara Campos, Audrey Rokaw.(mro) (Entered: 04/25/2012)

April 24, 2012

April 24, 2012

PACER

SUMMONS ISSUED as to Elizabeth Berlin, Robert Doar, Nirav Shah, MD. (mro)

April 24, 2012

April 24, 2012

PACER

CASE REFERRED TO Judge Shira A. Scheindlin as possibly similar to 1:96-cv-00788-SAS. (mro)

April 24, 2012

April 24, 2012

PACER

Case Designated ECF. (mro)

April 24, 2012

April 24, 2012

PACER
3

STANDING ORDER IN RE PILOT PROJECT REGARDING CASE MANAGEMENT TECHNIQUES FOR COMPLEX CIVIL CASES IN THE SOUTHERN DISTRICT OF NEW YORK (See M-10-468 Order filed November 1, 2011). This case is hereby designated for inclusion in the Pilot Project Regarding Case Management Techniques for Complex Civil Cases in the Southern District of New York (the Pilot Project), unless the judge to whom this case is assigned determines otherwise. This case is designated for inclusion in the Pilot Project because it is a class action, an MDL action, or is in one of the following Nature of Suit categories: 160, 245, 315, 355, 365, 385, 410, 830, 840, 850, 893, or 950. The presiding judge in a case that does not otherwise qualify for inclusion in the Pilot Project may nevertheless designate the case for inclusion in the Pilot Project by issuing an order directing that the case be included in the Pilot Project. The description of the Pilot Project, including procedures to be followed, is attached to this Order. (Signed by Judge Loretta A. Preska on 10/31/2011) (mro) (Entered: 04/25/2012)

April 24, 2012

April 24, 2012

PACER
4

NOTICE OF APPEARANCE by Benjamin Wait Taylor on behalf of Charles Strouchler (Taylor, Benjamin) (Entered: 04/26/2012)

April 26, 2012

April 26, 2012

PACER
5

NOTICE OF APPEARANCE by Donna Bernadette Dougherty on behalf of Charles Strouchler (Dougherty, Donna) (Entered: 04/27/2012)

April 27, 2012

April 27, 2012

PACER

CASE ACCEPTED AS SIMILAR. Create association to 1:96-cv-00788-SAS. Notice of Assignment to follow. (pgu)

April 27, 2012

April 27, 2012

PACER
6

NOTICE OF CASE ASSIGNMENT to Judge Shira A. Scheindlin. Judge Unassigned is no longer assigned to the case. (pgu) (Entered: 04/27/2012)

April 27, 2012

April 27, 2012

PACER

Magistrate Judge Gabriel W. Gorenstein is so designated. (pgu)

April 27, 2012

April 27, 2012

PACER
7

NOTICE OF APPEARANCE by Robert Lewis Kraft on behalf of Elizabeth Berlin, Nirav Shah, MD (Kraft, Robert) (Entered: 05/01/2012)

May 1, 2012

May 1, 2012

PACER

MEMORANDUM TO DOCKET CLERK: TRO HELD ON 5/18/2012. (djc)

May 18, 2012

May 18, 2012

PACER
8

ENDORSED LETTER addressed to Judge Shira A. Scheindlin from David A. Rosinus, Jr. dated 5/22/2012 re: I write to respectfully request that City Defendant's deadline for submitting opposition papers to Plaintiffs' TRO request be extended by 48 hours, from the close of business today to the close of business on Thursday, May 24, 2012. ENDORSEMENT: Request granted. Defendant shall submit its response by COB Thursday. (Signed by Judge Shira A. Scheindlin on 5/22/2012) (lmb) (Entered: 05/23/2012)

May 23, 2012

May 23, 2012

PACER
9

ENDORSED LETTER addressed to Judge Shira A. Scheindlin from David A. Rosinus, Jr. dated 5/24/12 re: Counsel for the City defendant requests that opposition papers to Plaintiffs' TRO request be extended to 5/25/12. ENDORSEMENT: Request granted. The opposition is due May 25, 2012 by the close of business. So ordered. ( Responses due by 5/25/2012) (Signed by Judge Shira A. Scheindlin on 5/24/2012) (mro) Modified on 5/29/2012 (mro). (Entered: 05/25/2012)

May 25, 2012

May 25, 2012

PACER
10

NOTICE OF APPEARANCE by David Alan Rosinus, Jr on behalf of Robert Doar (Rosinus, David) (Entered: 05/25/2012)

May 25, 2012

May 25, 2012

PACER
11

NOTICE OF APPEARANCE by Gloria Mihee Yi on behalf of Robert Doar (Yi, Gloria) (Entered: 05/25/2012)

May 25, 2012

May 25, 2012

PACER
12

ENDORSED LETTER addressed to Judge Shira A Scheindlin from Gloria M Yi dated 5/25/2012 re: Request to extend time to respond to plaintiffs' application for a TRO to 5/29/2012. ENDORSEMENT: Request granted. Defendant's opposition is now due by 5:00 pm on 5/29/2012. ( Response due by 5/29/2012) (Signed by Judge Shira A. Scheindlin on 5/25/2012) (cd) (Entered: 05/29/2012)

May 25, 2012

May 25, 2012

PACER

Minute Entry for proceedings held before Judge Shira A. Scheindlin: Status Conference held on 5/31/2012. (pl)

May 31, 2012

May 31, 2012

PACER

Minute Entry for proceedings held before Judge Shira A. Scheindlin: Status Conference held on 6/6/2012. (Landers, Rigoberto)

June 6, 2012

June 6, 2012

PACER
13

STIPULATION AND ORDER CONCERNING TEMPORARY RELIEF: NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and between the Parties, through their attorneys, as follows : 1. The terms of this Stipulation and Order shall be in effect from the date that the Court so-orders it until the Court hears Plaintiffs' application for a preliminary injunction. And as set forth in this Order. SO ORDERED. (Signed by Judge Shira A. Scheindlin on 6/12/2012) (ama) (Entered: 06/12/2012)

June 12, 2012

June 12, 2012

PACER
14

ENDORSED LETTER addressed to Judge Shira A. Scheindlin from David A. Rosinus, Jr. dated 6/20/2012 re: Counsel requests an extension of time for City defendant to respond to the complaint. ENDORSEMENT: Request granted. City defendants may respond to plaintiffs amended complaint within twenty-one days of service. If no amended complaint is served, City defendants must respond to the Complaint by July 6, 2012. (Signed by Judge Shira A. Scheindlin on 6/20/2012) (jfe) (Entered: 06/25/2012)

June 20, 2012

June 20, 2012

PACER

Set/Reset Deadlines: Robert Doar answer due 7/6/2012. (jfe)

June 20, 2012

June 20, 2012

PACER
15

ENDORSED LETTER addressed to Judge Shira A. Scheindlin from Robert L. Kraft dated 6/27/2012 re: State defendants request until July 6, 2012, to answer the operative complaint, or until 21 days after service should an amended complaint be served. ENDORSEMENT: Request granted. Defendants' Answer to the original complaint is due by July 6, 2012. If plaintiffs file and serve an Amended Complaint, defendants' Answer will be due 21 days after service., Elizabeth Berlin answer due 7/6/2012; Nirav Shah, MD answer due 7/6/2012. (Signed by Judge Shira A. Scheindlin on 6/27/2012) (lmb) (Entered: 06/28/2012)

June 28, 2012

June 28, 2012

PACER
17

FIRST AMENDED COMPLAINT amending 2 Complaint against Elizabeth Berlin, Robert Doar, Nirav Shah, MD.Document filed by Charles Strouchler, Sara Campos, Audrey Rokaw. Related document: 2 Complaint filed by Sara Campos, Charles Strouchler, Audrey Rokaw.(pl) (ml). (Entered: 06/29/2012)

June 28, 2012

June 28, 2012

PACER

Minute Entry for proceedings held before Judge Shira A. Scheindlin: Status Conference held on 6/28/2012. (pl)

June 28, 2012

June 28, 2012

PACER
16

REVISED SCHEDULING ORDER: Defendants' opposition papers in response to Plaintiffs' motion for a preliminary injunction shall be served by July 6, 2012; Plaintiffs' reply papers in support of their motion for a preliminary injunction shall be served by July 23, 2012. The hearing will proceed as scheduled on July 26 and July 27, 2012. (Signed by Judge Shira A. Scheindlin on 6/28/2012) (djc) (Entered: 06/29/2012)

June 29, 2012

June 29, 2012

PACER
18

FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - FIRST MOTION for Preliminary Injunction. Document filed by Charles Strouchler. Return Date set for 7/26/2012 at 10:00 AM.(Golick, Toby) Modified on 7/6/2012 (ldi). (Entered: 07/06/2012)

July 6, 2012

July 6, 2012

PACER
19

FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM OF LAW in Opposition re: 18 FIRST MOTION for Preliminary Injunction.. Document filed by Elizabeth Berlin, Nirav Shah, MD. (Kraft, Robert) Modified on 7/6/2012 (ldi). (Entered: 07/06/2012)

July 6, 2012

July 6, 2012

PACER
20

FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Robert L. Kraft in Opposition re: 18 FIRST MOTION for Preliminary Injunction.. Document filed by Elizabeth Berlin, Nirav Shah, MD. (Attachments: # 1 Exhibit A-C)(Kraft, Robert) Modified on 7/6/2012 (ldi). (Entered: 07/06/2012)

1 Exhibit A-C

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July 6, 2012

July 6, 2012

PACER

***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF DOCUMENT ERROR. Note to Attorney Toby Golick to MANUALLY RE-FILE Document No. 18 Order to Show Cause, with the Orders and Judgments Department. This document is NOT filed via ECF. (ldi)

July 6, 2012

July 6, 2012

PACER

***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Robert Lewis Kraft to RE-FILE Document 19 Memorandum of Law in Opposition to Motion, 20 Declaration in Opposition to Motion. ERROR(S): Documents linked to filing error. Re-File using the (non-motion) events found under the event list Other Answers. (ldi)

July 6, 2012

July 6, 2012

PACER
21

FILING ERROR - DEFICIENT DOCKET ENTRY - AFFIDAVIT of Margaret Willard in Opposition re: 18 FIRST MOTION for Preliminary Injunction.. Document filed by Elizabeth Berlin, Nirav Shah, MD. (Attachments: # 1 Exhibit A-F, # 2 Exhibit G, # 3 Exhibit H-L)(Kraft, Robert) Modified on 7/6/2012 (ldi). (Entered: 07/06/2012)

1 Exhibit A-F

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2 Exhibit G

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3 Exhibit H-L

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July 6, 2012

July 6, 2012

PACER

***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Robert Lewis Kraft to RE-FILE Document 21 Affidavit in Opposition to Motion. ERROR(S): Document linked to filing error. (ldi)

July 6, 2012

July 6, 2012

PACER
22

FILING ERROR - DEFICIENT DOCKET ENTRY - FIRST MOTION for Preliminary Injunction. Document filed by Charles Strouchler. Return Date set for 7/26/2012 at 10:00 AM. (Attachments: # 1 Affidavit Salzman Declaration, # 2 Affidavit Bogart Declaration, # 3 Affidavit Keilin Declaration, # 4 Affidavit Jeffrey Declaration)(Golick, Toby) Modified on 7/9/2012 (ldi). (Entered: 07/06/2012)

1 Affidavit Salzman Declaration

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2 Affidavit Bogart Declaration

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3 Affidavit Keilin Declaration

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4 Affidavit Jeffrey Declaration

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July 6, 2012

July 6, 2012

PACER
23

FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM OF LAW in Opposition re: 22 FIRST MOTION for Preliminary Injunction. (City Defendant's Memorandum of Law). Document filed by Robert Doar. (Rosinus, David) Modified on 7/9/2012 (ldi). (Entered: 07/06/2012)

July 6, 2012

July 6, 2012

PACER
24

FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of CELESTE LEWIS in Opposition re: 22 FIRST MOTION for Preliminary Injunction.. Document filed by Robert Doar. (Attachments: # 1 Exhibit A: Page from Plaintiff Sara Campos's HRA case record, # 2 Exhibit B: Pages from Plaintiff Audrey Rokaw's HRA case record, # 3 Exhibit C: New York State Department of Health's 12 OHIP/ADM-1)(Rosinus, David) Modified on 7/9/2012 (ldi). (Entered: 07/06/2012)

1 Exhibit A: Page from Plaintiff Sara Campos's HRA case record

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2 Exhibit B: Pages from Plaintiff Audrey Rokaw's HRA case record

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3 Exhibit C: New York State Department of Health's 12 OHIP/ADM-1

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July 6, 2012

July 6, 2012

PACER

***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Toby Golick to RE-FILE Document 22 FIRST MOTION for Preliminary Injunction. ERROR(S): Supporting documents must be filed separately, each receiving their own document number. Declaration in Support of Motion is found under the event list Replies, Opposition and Supporting Documents. NOTE: You must sign the Motion before re-filing. (ldi)

July 6, 2012

July 6, 2012

PACER

***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney David Alan Rosinus to RE-FILE Document 23 Memorandum of Law in Opposition to Motion, 24 Declaration in Opposition to Motion. ERROR(S): Documents linked to filing error. (ldi)

July 6, 2012

July 6, 2012

PACER
25

MOTION for Preliminary Injunction. Document filed by Charles Strouchler. Return Date set for 7/26/2012 at 10:00 AM.(Golick, Toby) (Entered: 07/09/2012)

July 9, 2012

July 9, 2012

PACER
26

DECLARATION of Leslie Salzman in Support re: 25 MOTION for Preliminary Injunction.. Document filed by Charles Strouchler. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Golick, Toby) (Entered: 07/09/2012)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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July 9, 2012

July 9, 2012

PACER
27

DECLARATION of Valerie Bogart in Support re: 25 MOTION for Preliminary Injunction.. Document filed by Charles Strouchler. (Attachments: # 1 Exhibit A)(Golick, Toby) (Entered: 07/09/2012)

1 Exhibit A

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July 9, 2012

July 9, 2012

PACER
28

DECLARATION of Nina Keilin in Support re: 25 MOTION for Preliminary Injunction.. Document filed by Charles Strouchler. (Golick, Toby) (Entered: 07/09/2012)

July 9, 2012

July 9, 2012

PACER
29

DECLARATION of Randal S. Jeffrey in Support re: 25 MOTION for Preliminary Injunction.. Document filed by Charles Strouchler. (Attachments: # 1 Exhibit A)(Golick, Toby) (Entered: 07/09/2012)

1 Exhibit A

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July 9, 2012

July 9, 2012

PACER
30

Exhibit List Document Index to Motion. Document filed by Charles Strouchler.(Golick, Toby) (Entered: 07/09/2012)

July 9, 2012

July 9, 2012

PACER
31

MEMORANDUM OF LAW in Opposition re: 25 MOTION for Preliminary Injunction. (City Defendant's Memorandum of Law). Document filed by Robert Doar. (Rosinus, David) (Entered: 07/09/2012)

July 9, 2012

July 9, 2012

PACER
32

DECLARATION of CELESTE LEWIS in Opposition re: 25 MOTION for Preliminary Injunction.. Document filed by Robert Doar. (Attachments: # 1 Exhibit A: Page from Plaintiff Sara Campos's HRA case record, # 2 Exhibit B: Pages from Plaintiff Audrey Rokaw's HRA case record, # 3 Exhibit C: New York State Department of Health's 12 OHIP/ADM-1)(Rosinus, David) (Entered: 07/09/2012)

1 Exhibit A: Page from Plaintiff Sara Campos's HRA case record

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2 Exhibit B: Pages from Plaintiff Audrey Rokaw's HRA case record

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3 Exhibit C: New York State Department of Health's 12 OHIP/ADM-1

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July 9, 2012

July 9, 2012

PACER
33

CONFIDENTIALITY STIPULATION AND QUALIFIED PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge Shira A. Scheindlin on 7/16/2012) (lmb) (Entered: 07/16/2012)

July 16, 2012

July 16, 2012

PACER

Minute Entry for proceedings held before Judge Shira A. Scheindlin: Preliminary Injunction Hearing held on 7/17/2012. (rjm)

July 17, 2012

July 17, 2012

PACER
34

REPLY MEMORANDUM OF LAW in Support re: 25 MOTION for Preliminary Injunction.. Document filed by Charles Strouchler. (Salzman, Leslie) (Entered: 07/20/2012)

July 20, 2012

July 20, 2012

PACER
35

REPLY AFFIRMATION of Benjamin Taylor in Support re: 25 MOTION for Preliminary Injunction.. Document filed by Charles Strouchler. (Attachments: # 1 Exhibit Exhibits A-C, Taylor Reply Dec.)(Salzman, Leslie) (Entered: 07/20/2012)

1 Exhibit Exhibits A-C, Taylor Reply Dec.

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July 20, 2012

July 20, 2012

PACER
36

MEMORANDUM OF LAW in Opposition re: 25 MOTION for Preliminary Injunction. Originally filed as #19. Refiled per 07/06 docket order. Document filed by Elizabeth Berlin, Nirav Shah, MD. (Kraft, Robert) (Entered: 07/21/2012)

July 21, 2012

July 21, 2012

PACER
37

DECLARATION of Robert L. Kraft in Opposition re: 25 MOTION for Preliminary Injunction.. Document filed by Elizabeth Berlin, Nirav Shah, MD. (Attachments: # 1 Exhibit A-C)(Kraft, Robert) (Entered: 07/21/2012)

1 Exhibit A-C

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July 21, 2012

July 21, 2012

PACER
38

AFFIDAVIT of Margaret Willard in Opposition re: 25 MOTION for Preliminary Injunction.. Document filed by Elizabeth Berlin, Nirav Shah, MD. (Attachments: # 1 Exhibit A-F, # 2 Exhibit G, # 3 Exhibit H-L)(Kraft, Robert) (Entered: 07/21/2012)

1 Exhibit A-F

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2 Exhibit G

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3 Exhibit H-L

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July 21, 2012

July 21, 2012

PACER
39

MEMORANDUM OF LAW in Support re: 25 MOTION for Preliminary Injunction.. Document filed by Charles Strouchler. (Golick, Toby) (Entered: 07/23/2012)

July 23, 2012

July 23, 2012

RECAP
40

RULE 26 DISCLOSURE.Document filed by Charles Strouchler.(Golick, Toby) (Entered: 07/25/2012)

July 25, 2012

July 25, 2012

PACER

Minute Entry for proceedings held before Judge Shira A. Scheindlin: Motion Hearing held on 7/26/2012 re: 25 MOTION for Preliminary Injunction filed by Charles Strouchler. (cd)

July 26, 2012

July 26, 2012

PACER
41

DEPOSITION of Michael Eisner taken on July 24, 2012.Document filed by Charles Strouchler. (Attachments: # 1 Deposition Transcript Designations, # 2 Exhibit Deposition Exhibits)(Dougherty, Donna) (Entered: 07/30/2012)

1 Deposition Transcript Designations

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2 Exhibit Deposition Exhibits

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July 30, 2012

July 30, 2012

PACER
42

DEPOSITION of Anita Aisner taken on July 19, 2012.Document filed by Charles Strouchler. (Attachments: # 1 Exhibit Designated Pages of Deposition of Anita Aisner, M.D., July 19, 2012)(Salzman, Leslie) (Entered: 07/30/2012)

1 Exhibit Designated Pages of Deposition of Anita Aisner, M.D., July 19, 2012

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July 30, 2012

July 30, 2012

PACER

Minute Entry for proceedings held before Judge Shira A. Scheindlin: Status Conference held on 7/30/2012. (rjm)

July 30, 2012

July 30, 2012

PACER
43

DECLARATION of NILZA LOPEZ in Opposition re: 25 MOTION for Preliminary Injunction.. Document filed by Robert Doar. (Rosinus, David) (Entered: 08/01/2012)

Aug. 1, 2012

Aug. 1, 2012

PACER
44

ANSWER to 17 Amended Complaint,. Document filed by Nirav Shah, MD.(Kraft, Robert) (Entered: 08/02/2012)

Aug. 2, 2012

Aug. 2, 2012

PACER
45

DEPOSITION of Michael Eisner taken on July 24, 2012.Document filed by Robert Doar. (Attachments: # 1 Exhibit A: Cross-designated pages from deposition transcript of Michael Eisner)(Rosinus, David) (Entered: 08/02/2012)

1 Exhibit A: Cross-designated pages from deposition transcript of Michael Eisner

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Aug. 2, 2012

Aug. 2, 2012

PACER
46

FIRST MOTION to Certify Class. Document filed by Charles Strouchler. Responses due by 8/30/2012 Return Date set for 9/13/2012 at 10:00 AM.(Salzman, Leslie) (Entered: 08/02/2012)

Aug. 2, 2012

Aug. 2, 2012

PACER
47

DEPOSITION of Anita Aisner taken on July 19, 2012.Document filed by Robert Doar. (Attachments: # 1 Exhibit A: Corrections to Deposition, dated July 30, 2012, # 2 Exhibit B: Cross-designated pages from deposition transcript of Anita Aisner)(Yi, Gloria) (Entered: 08/02/2012)

1 Exhibit A: Corrections to Deposition, dated July 30, 2012

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2 Exhibit B: Cross-designated pages from deposition transcript of Anita Aisner

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Aug. 2, 2012

Aug. 2, 2012

PACER
48

DECLARATION of Toby Golick in Support re: 46 FIRST MOTION to Certify Class.. Document filed by Charles Strouchler. (Attachments: # 1 Exhibit Exh. A, Part I, to Golick Declaration, # 2 Exhibit Exh. A, Part II to Golick Declaration)(Salzman, Leslie) (Entered: 08/02/2012)

1 Exhibit Exh. A, Part I, to Golick Declaration

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2 Exhibit Exh. A, Part II to Golick Declaration

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Aug. 2, 2012

Aug. 2, 2012

PACER
49

MEMORANDUM OF LAW in Support re: 46 FIRST MOTION to Certify Class.. Document filed by Charles Strouchler. (Salzman, Leslie) (Entered: 08/02/2012)

Aug. 2, 2012

Aug. 2, 2012

PACER
50

TRANSCRIPT of Proceedings re: HEARING held on 7/17/2012 before Judge Shira A. Scheindlin. Court Reporter/Transcriber: Eve Giniger, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/30/2012. Redacted Transcript Deadline set for 9/10/2012. Release of Transcript Restriction set for 11/8/2012.Filed In Associated Cases: 1:12-cv-03216-SAS, 1:96-cv-00788-SAS(McGuirk, Kelly) (Entered: 08/06/2012)

Aug. 6, 2012

Aug. 6, 2012

PACER
51

NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a HEARING proceeding held on 7/17/12 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...Filed In Associated Cases: 1:12-cv-03216-SAS, 1:96-cv-00788-SAS(McGuirk, Kelly) (Entered: 08/06/2012)

Aug. 6, 2012

Aug. 6, 2012

PACER
52

PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW. Document filed by Charles Strouchler.(Salzman, Leslie) (Entered: 08/08/2012)

Aug. 8, 2012

Aug. 8, 2012

PACER
53

PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW. Document filed by Robert Doar.(Rosinus, David) (Entered: 08/08/2012)

Aug. 8, 2012

Aug. 8, 2012

PACER
54

ENDORSED LETTER addressed to Judge Shira A. Scheindlin from David Alan Rosinus, Jr. dated 8/6/2012 re: Counsel requests that City Defendant's time to respond to the Amended Complaint be extended by one week until 8/15/12. ENDORSEMENT: Request granted. The finding of fact and conclusion of law are due on Wednesday, August 8. No further extensions will be granted. Answer is due August 15, 2012. (Signed by Judge Shira A. Scheindlin on 8/8/2012) (jfe) (Entered: 08/09/2012)

Aug. 8, 2012

Aug. 8, 2012

PACER

Set/Reset Deadlines: Robert Doar answer due 8/15/2012. (jfe)

Aug. 8, 2012

Aug. 8, 2012

PACER
55

TRANSCRIPT of Proceedings re: HEARING held on 5/18/2012 before Judge Shira A. Scheindlin. Court Reporter/Transcriber: Martha Drevis, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/7/2012. Redacted Transcript Deadline set for 9/17/2012. Release of Transcript Restriction set for 11/16/2012.Filed In Associated Cases: 1:12-cv-03216-SAS, 1:96-cv-00788-SAS(McGuirk, Kelly) (Entered: 08/14/2012)

Aug. 14, 2012

Aug. 14, 2012

PACER
56

NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a HEARING proceeding held on 5/18/12 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...Filed In Associated Cases: 1:12-cv-03216-SAS, 1:96-cv-00788-SAS(McGuirk, Kelly) (Entered: 08/14/2012)

Aug. 14, 2012

Aug. 14, 2012

PACER
57

ANSWER to 17 Amended Complaint,. Document filed by Robert Doar. (Attachments: # 1 Exhibit A: Notice of Intent to Reduce for Sara Campos dated 2/10/12, # 2 Exhibit B: Notice of Intent to Reduce for Audrey Rokaw dated 3/12/12, # 3 Exhibit C: Form W-410 for Audrey Rokaw dated 11/17/11)(Rosinus, David) (Entered: 08/16/2012)

1 Exhibit A: Notice of Intent to Reduce for Sara Campos dated 2/10/12

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2 Exhibit B: Notice of Intent to Reduce for Audrey Rokaw dated 3/12/12

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3 Exhibit C: Form W-410 for Audrey Rokaw dated 11/17/11

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Aug. 16, 2012

Aug. 16, 2012

PACER
58

STIPULATION OF VOLUNTARY DISMISSAL AGAINST DEFENDANT BERLIN AND ORDER : All claims raised in the Complaint and Amended Complaint against ELIZABETH BERLIN, as Executive Deputy Commissioner of the New York State Office of Temporary and Disability Assistance are hereby voluntarily dismissed. (Signed by Judge Shira A. Scheindlin on 8/27/2012) (jar) (Entered: 08/29/2012)

Aug. 29, 2012

Aug. 29, 2012

PACER
59

MEMORANDUM OF LAW in Opposition re: 46 FIRST MOTION to Certify Class.. Document filed by Nirav Shah, MD. (Kraft, Robert) (Entered: 08/30/2012)

Aug. 30, 2012

Aug. 30, 2012

PACER
60

MEMORANDUM OF LAW in Opposition re: 46 FIRST MOTION to Certify Class.. Document filed by Robert Doar. (Rosinus, David) (Entered: 08/30/2012)

Aug. 30, 2012

Aug. 30, 2012

PACER
61

OPINION AND ORDER # 102302 re: 25 MOTION for Preliminary Injunction filed by Charles Strouchler. For the reasons stated above, plaintiffs' motion for a preliminary injunction is granted in part. I decline to order the reinstatement of split-shift care to all those whose services have been reduced or terminated, pending additional submissions by the parties. A conference is scheduled for September 10, 2012 at 4:00 p.m., ( Status Conference set for 9/10/2012 at 04:00 PM before Judge Shira A. Scheindlin.) (Signed by Judge Shira A. Scheindlin on 9/4/2012) (lmb) Modified on 9/12/2012 (ft). (Entered: 09/04/2012)

Sept. 4, 2012

Sept. 4, 2012

RECAP
62

NOTICE OF APPEARANCE by Eileen Mathews Connor on behalf of Sara Campos, Audrey Rokaw, Charles Strouchler (Connor, Eileen) (Entered: 09/10/2012)

Sept. 10, 2012

Sept. 10, 2012

PACER
63

REPLY MEMORANDUM OF LAW in Support re: 46 FIRST MOTION to Certify Class.. Document filed by Charles Strouchler. (Golick, Toby) (Entered: 09/10/2012)

Sept. 10, 2012

Sept. 10, 2012

PACER

Minute Entry for proceedings held before Judge Shira A. Scheindlin: Status Conference held on 9/10/2012. (jfe)

Sept. 10, 2012

Sept. 10, 2012

PACER
64

ORDER: Having considered the arguments presented by both parties on the record, I find no good reason to amend the preliminary injunction. Numerous administrative law judges previously found that the City was improperly relying on the "change in condition" exception. Although requiring that a doctor personally examine a patient and sign a declaration may impose minor additional costs on the City, this protection is necessary to prevent further unlawful reductions or terminations. (Signed by Judge Shira A. Scheindlin on 9/12/2012) (lmb) (Entered: 09/12/2012)

Sept. 12, 2012

Sept. 12, 2012

PACER
65

TRANSCRIPT of Proceedings re: HEARING held on 7/26/2012 before Judge Shira A. Scheindlin. Court Reporter/Transcriber: Toni Stanley, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/9/2012. Redacted Transcript Deadline set for 10/18/2012. Release of Transcript Restriction set for 12/17/2012.Filed In Associated Cases: 1:12-cv-03216-SAS, 1:96-cv-00788-SAS(McGuirk, Kelly) (Entered: 09/14/2012)

Sept. 14, 2012

Sept. 14, 2012

PACER
66

NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a HEARING proceeding held on 7/26/12 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...Filed In Associated Cases: 1:12-cv-03216-SAS, 1:96-cv-00788-SAS(McGuirk, Kelly) (Entered: 09/14/2012)

Sept. 14, 2012

Sept. 14, 2012

PACER
67

TRANSCRIPT of Proceedings re: HEARING held on 7/27/2012 before Judge Shira A. Scheindlin. Court Reporter/Transcriber: Rebecca Forman, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/9/2012. Redacted Transcript Deadline set for 10/18/2012. Release of Transcript Restriction set for 12/17/2012.Filed In Associated Cases: 1:12-cv-03216-SAS, 1:96-cv-00788-SAS(McGuirk, Kelly) (Entered: 09/14/2012)

Sept. 14, 2012

Sept. 14, 2012

PACER
68

NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a HEARING proceeding held on 7/27/12 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...Filed In Associated Cases: 1:12-cv-03216-SAS, 1:96-cv-00788-SAS(McGuirk, Kelly) (Entered: 09/14/2012)

Sept. 14, 2012

Sept. 14, 2012

PACER
69

INTERNET CITATION NOTE: Material from decision with Internet citation re: 61 Memorandum & Opinion, Set Hearings. (sj) (Entered: 09/25/2012)

Sept. 24, 2012

Sept. 24, 2012

PACER
70

ENDORSED LETTER addressed to Judge Shira A. Scheindlin from David Alan Rosinus, Jr. dated 10/2/2012 re: I write to respectfully request that the Court so-order the enclosed proposed Order, which will ensure that HRA will continue to be able to comply with the preliminary injunction that this Court issued in its Opinion and Order dated September 4, 2012 (the "Preliminary Injunction"). ENDORSEMENT: I decline to authorize the proposed relief. As previously argued by the State I lack the authority to abrogate a regulation promulgated by the New York State legislation. The Clerk is directed to docket the October 2 and October 3 letters submitted by the City and State. (Signed by Judge Shira A. Scheindlin on 10/3/2012) (lmb) (Entered: 10/03/2012)

Oct. 3, 2012

Oct. 3, 2012

PACER
71

OPINION AND ORDER # 102465 re: 46 FIRST MOTION to Certify Class filed by Charles Strouchler. Because the class definition, as amended by the Court, meets the requirements of Rule 23, plaintiffs' motion for class certification is granted. The Clerk of the Court is directed to close this motion [Docket No. 46]. The parties are instructed to submit letters updating the Court on the status of the notice to potential class members by November 1, 2012. (Signed by Judge Shira A. Scheindlin on 10/5/2012) (lmb) Modified on 10/16/2012 (ft). (Entered: 10/05/2012)

Oct. 5, 2012

Oct. 5, 2012

RECAP
72

STIPULATION AND ORDER: NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and between the parties to this action, through their undersigned counsel, as follows: (1.)City Defendant agrees to restore Ms. Colon's personal care services from sleep-in services to split-shift services within five days of the so-ordering of this Stipulation and Order. (2.)Plaintiffs' counsel agrees to submit to City Defendant any documentation and/or information that may be necessary to implement the restoration of split-shift services to Ms. Colon. SO ORDERED. (Signed by Judge Shira A. Scheindlin on 10/15/2012) (ama) (Entered: 10/16/2012)

Oct. 15, 2012

Oct. 15, 2012

PACER
73

STATUS REPORT. Letter Document filed by Charles Strouchler. (Attachments: # 1 Exhibit class members redacted summary and notices)(Dougherty, Donna) (Entered: 11/02/2012)

1 Exhibit class members redacted summary and notices

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Nov. 2, 2012

Nov. 2, 2012

PACER
74

ORDER: that in consideration of the parties' letters, as well as of the emergency conditions in the wake of Hurricane Sandy, I hereby order the following: First, the City will have seven business days from the date of this order to reinstate the split shift services of the 16 individuals identified by plaintiffs, until these individuals can be reassessed under the standards in GIS 12 MA/026. Second, a conference is scheduled for Wednesday, November 21, 2012 at 4:30 pm to resolve the remaining issues raised in the parties' letters. ( Status Conference set for 11/21/2012 at 04:30 PM before Judge Shira A. Scheindlin.) (Signed by Judge Shira A. Scheindlin on 11/12/2012) (pl) (Entered: 11/13/2012)

Nov. 12, 2012

Nov. 12, 2012

PACER
75

ORDER: The relief requested by defendant City of New York, on consent, in a letter on November 21, 2012 is hereby granted: First, the City will have until November 30, 2012 to determine if the managed long-term care ("MLTC") plans referred to in the City's letter will comply with a State directive to reinstate split - shift services to those individuals already being served by an MLTC provider. Second, the City will have until December 7, 2012 to attempt to provide care to E.H. and B.B. This Order supersedes the November 12, 2012 Order [Dkt. No. 74] to the extent that the two Orders conflict. (Signed by Judge Shira A. Scheindlin on 11/26/2012) (djc) Modified on 11/26/2012 (djc). (Entered: 11/26/2012)

Nov. 26, 2012

Nov. 26, 2012

PACER

Minute Entry for proceedings held before Judge Shira A. Scheindlin: Status Conference held on 11/28/2012. (pl)

Nov. 28, 2012

Nov. 28, 2012

PACER
76

TRANSCRIPT of Proceedings re: CONFERENCE held on 7/30/2012 before Judge Shira A. Scheindlin. Court Reporter/Transcriber: Toni Stanley, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/4/2013. Redacted Transcript Deadline set for 2/14/2013. Release of Transcript Restriction set for 4/15/2013.Filed In Associated Cases: 1:12-cv-03216-SAS, 1:96-cv-00788-SAS(Rodriguez, Somari) (Entered: 01/10/2013)

Jan. 10, 2013

Jan. 10, 2013

PACER
77

NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 7/30/12 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...Filed In Associated Cases: 1:12-cv-03216-SAS, 1:96-cv-00788-SAS(Rodriguez, Somari) (Entered: 01/10/2013)

Jan. 10, 2013

Jan. 10, 2013

PACER

Minute Entry for proceedings held before Judge Shira A. Scheindlin: Status Conference held on 3/14/2013. (lmb)

March 14, 2013

March 14, 2013

PACER
78

ENDORSED LETTER addressed to Judge Shira A. Scheindlin, from Leslie Salzman, dated 6/25/2013 re: the parties are currently scheduled to appear before you tomorrow at 4:30 p.m. for a status conference. We have been actively engaging in settlement negotiations. Request an additional week or two to have a final stipulation settlement. We are hopeful that if we have an additional week or two it is very likely that we will have a final stipulation of settlement. Consequently, we are requesting that tomorrow's conference be adjourned for two weeks to July 10th at 4:30 p.m. ENDORSEMENT: Request to adjourn the June 26th conference is granted and rescheduled to July 10, 2013 at 4:30 p.m. ( Status Conference set for 7/10/2013 at 04:30 PM before Judge Shira A. Scheindlin.) (Signed by Judge Shira A. Scheindlin on 6/25/2013) (ja) (Entered: 06/26/2013)

June 25, 2013

June 25, 2013

PACER

Case Details

State / Territory: New York

Case Type(s):

Public Benefits/Government Services

Key Dates

Filing Date: April 23, 2012

Closing Date: Sept. 16, 2014

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Elderly and/or disabled recipients of Medicaid who received daily twenty-four-hour split-shift in-home care, without which they would not have been able to live in their own homes in the general community.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Legal Services/Legal Aid

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

State of New York, State

New York City (New York City), City

Defendant Type(s):

Hospital/Health Department

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

State law

Medicaid, 42 U.S.C §1396 (Title XIX of the Social Security Act)

Constitutional Clause(s):

Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Preliminary relief granted

Issues

General:

Disparate Treatment

Funding

Habilitation (training/treatment)

Payment for care

Public benefits (includes, e.g., in-state tuition, govt. jobs)

Reassessment and care planning

Rehabilitation

Staff (number, training, qualifications, wages)

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

disability, unspecified

Mobility impairment

Medical/Mental Health:

Bed care (including sores)

Medical care, general

Medical care, unspecified

Benefit Source:

Medicaid