Case: Taylor v. Zucker

1:14-cv-05317 | U.S. District Court for the Southern District of New York

Filed Date: July 15, 2014

Closed Date: 2015

Clearinghouse coding complete

Case Summary

On July 15, 2014, this class action was filed in the U.S. District Court for the Southern District of New York against the New York State Department of Health and the New York State Office of Temporary and Disability Assistance. The plaintiffs are elderly or disabled Medicaid recipients in New York who receive home-care services through Medicaid Managed Care Organizations (MCOs), which are privately-owned and operated companies contracted by the state. They sought injunctive and declaratory rel…

On July 15, 2014, this class action was filed in the U.S. District Court for the Southern District of New York against the New York State Department of Health and the New York State Office of Temporary and Disability Assistance. The plaintiffs are elderly or disabled Medicaid recipients in New York who receive home-care services through Medicaid Managed Care Organizations (MCOs), which are privately-owned and operated companies contracted by the state. They sought injunctive and declaratory relief under the Medicaid Act, the ADA, the Rehabilitation Act, and 42 U.S.C. § 1983, for violation of their due process rights under the 14th Amendment.

The plaintiffs allege that these MCOs terminated or reduced their home-care services without proper notice; that the services were terminated or reduced without any change in their condition or circumstances that would warrant such an alteration; and that they were denied aid-continuing benefits pending internal appeals.

The three named plaintiffs tell a similar story: They each received a letter from their MCO summarily reducing their amount of home care. The letters claimed to be new authorizations of care, rather than reductions in current services. In one case, the letter reduced the plaintiff's care from 10 hours per day to 5. Another's was tapered over a period of four months from 24 hours/day to a total termination of care. None of the notices identified any changes in the plaintiffs' conditions to warrant such a reduction. The plaintiffs were also denied continued care while their requests for fair hearings were pending.

In filing their complaint, Plaintiffs claimed that this action was related to another case currently pending in the Southern District of New York,

Strouchler v. Shah. Thus, this case was originally assigned to the judge of the Strouchler case (Judge Shira A. Scheindlin). But on August 4, 2014, the case was declined as not related. It was then assigned to Judge Colleen McMahon.

The defendants filed an answer on November 14, 2014. The plaintiffs filed a motion to to amend the complaint to add another named plaintiff on March 16, 2015, and moved to certify class that day, with the proposed class defined as "All current and future Medicaid recipients in New York State who receive home care services through Medicaid Managed Care Organizations and who have suffered or will suffer threatened or actual denials, reductions, or terminations of their home care services without timely and adequate notice, and/or without any change in their condition or circumstances which would justify a reduction or termination, and/or without aid-continuing benefits to which they are entitled."

In April 2015, the Department of Health began to require the use of standardized forms to give recipients notice about the appeals process. The plaintiffs claimed that the adoption of the forms was "not a panacea of for all of the systemic harms suffered by Plaintiffs."

On July 27, 2015, the court granted the plaintiffs' motion to amend the complaint to add another named plaintiff, but denied the plaintiffs' motion for class certification. Though the court acknowledged that the case was paradigmatic of a type of case that was routinely certified as a class action prior to Dukes v. Wal-Mart Stores, Inc., it found it was not appropriate to certify it as a class action now. Class certification was denied because the claims of the named plaintiffs did not meet the "commonality" and "typicality" requirements after Wal-Mart. While the court acknowledged that the April 2015 implementation of model notices might provide some commonality, the named plaintiffs had not received the new standardized notices, and therefore the court found that their claims were not typical of the claims of individuals who were beginning to receive the new standardized form notice.

The parties proceeded with discovery, until on October 13, 2015, the plaintiffs filed a notice of voluntary dismissal of all claims against the defendants, with all parties to bear their own costs and attorney's fees. Nothing in the docket indicates the reason for the dismissal—we don't know if the case was settled out of court or if the plaintiffs simply gave up. The case was dismissed without prejudice on October 14, 2015.

Summary Authors

Andrew Junker (9/24/2014)

Sarah McDonald (8/11/2018)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/8499506/parties/taylor-v-zucker/


Judge(s)

McMahon, Colleen (New York)

Scheindlin, Shira A. (New York)

Attorneys(s) for Plaintiff

Schulman, Yisroel (New York)

Stevens, Jane Greengold (New York)

Tavi, Sabrina (New York)

Taylor, Benjamin (New York)

Attorneys(s) for Defendant

Simon, Jennifer C. (New York)

Judge(s)

McMahon, Colleen (New York)

Scheindlin, Shira A. (New York)

Attorneys(s) for Plaintiff

Schulman, Yisroel (New York)

Stevens, Jane Greengold (New York)

Tavi, Sabrina (New York)

Taylor, Benjamin (New York)

Attorneys(s) for Defendant

Simon, Jennifer C. (New York)

Documents in the Clearinghouse

Document

Docket

Taylor et al v. Zucker et al

Oct. 14, 2015 Docket
1

Class Action Complaint

July 15, 2014 Complaint
52

Memorandum Decision and Order on Motion for Leave to File Amended Class Action Complaint and Motion for Class Certification

2015 WL 4560739

July 27, 2015 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/8499506/taylor-v-zucker/

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT against Kristin M. Proud, Howard Zucker. (Filing Fee $ 350.00, Receipt Number 100202)Document filed by Janie Taylor, Anibal Santiago, Eddy Lemieux.(laq) (moh). (Entered: 07/21/2014)

July 15, 2014 PACER

SUMMONS ISSUED as to Kristin M. Proud, Howard Zucker. (laq)

July 15, 2014 PACER

CASE REFERRED TO Judge Shira A. Scheindlin as possibly related to 12cv3216. (laq)

July 15, 2014 PACER

Case Designated ECF. (laq)

July 15, 2014 PACER
2

CIVIL COVER SHEET filed. (laq) (moh). (Entered: 07/21/2014)

July 15, 2014 PACER
3

STATEMENT OF RELATEDNESS re: that this action be filed as related to 12cv3216. Document filed by Eddy Lemieux, Anibal Santiago, Janie Taylor.(laq) (moh). (Entered: 07/21/2014)

July 15, 2014 PACER

***NOTE TO ATTORNEY TO E-MAIL PDF. Note to Attorney Jane Greengold Stevens for noncompliance with Section 14.2 of the S.D.N.Y. Electronic Case Filing Rules & Instructions. E-MAIL the PDF for Document 1 Complaint to: caseopenings@nysd.uscourts.gov. (laq)

July 21, 2014 PACER

***NOTICE TO ATTORNEY TO SUBMIT PDF OF CIVIL COVER SHEET. Notice to Attorney Jane Greengold Stevens, to submit PDF of the Civil Cover Sheet. Email a copy of Civil Cover Sheet to: caseopenings@nysd.uscourts.gov. (laq)

July 21, 2014 PACER

***NOTICE TO ATTORNEY TO SUBMIT RELATED CASE STATEMENT. Notice to Attorney Jane Greengold Stevens, for noncompliance with Local Civil Rule 13 of the Rules for the Division of Business Among Judges. Attorney must submit Related Case Statement for filing. Send a hard copy of the Related Case Statement form to: Clerk's Office, Finance Unit, 500 Pearl Street, Room 120, New York, NY 10007 and send a PDF of the Related Case Statement form to caseopenings@nysd.uscourts.gov. (laq)

July 21, 2014 PACER
4

NOTICE OF APPEARANCE by Jennifer C. Simon on behalf of Kristin M. Proud. (Simon, Jennifer) (Entered: 07/28/2014)

July 28, 2014 PACER
5

LETTER addressed to Judge Shira A. Scheindlin from Jennifer C. Simon dated July 28, 2014 re: Plaintiffs' Statement of Relatedness. Document filed by Kristin M. Proud.(Simon, Jennifer) (Entered: 07/28/2014)

July 28, 2014 PACER
6

NOTICE OF APPEARANCE by Sabrina Tavi on behalf of Eddy Lemieux, Anibal Santiago, Janie Taylor. (Tavi, Sabrina) (Entered: 07/28/2014)

July 28, 2014 PACER
7

NOTICE OF CHANGE OF ADDRESS by Jennifer C. Simon on behalf of Kristin M. Proud. New Address: Office of the Attorney General of the State of New York, 120 Broadway, 24th Floor, New York, New York, 10271, (212) 416-6556. (Simon, Jennifer) (Entered: 07/28/2014)

July 28, 2014 PACER
8

NOTICE OF APPEARANCE by Benjamin Wait Taylor on behalf of Janie Taylor. (Taylor, Benjamin) (Entered: 07/29/2014)

July 29, 2014 PACER

NOTICE OF CASE ASSIGNMENT to Judge Colleen McMahon. Judge Unassigned is no longer assigned to the case. (pgu)

Aug. 4, 2014 PACER

Magistrate Judge Kevin Nathaniel Fox is so designated. (pgu)

Aug. 4, 2014 PACER

CASE DECLINED AS NOT RELATED. Case referred as related to 12-cv-3216 and declined by The Assignment Committee and returned to wheel for assignment. (pgu)

Aug. 4, 2014 PACER
9

NOTICE OF APPEARANCE by Jennifer C. Simon on behalf of Howard Zucker. (Simon, Jennifer) (Entered: 08/05/2014)

Aug. 5, 2014 PACER
10

LETTER MOTION for Extension of Time to File Answer addressed to Judge Colleen McMahon from Jennifer C. Simon dated August 5, 2014. Document filed by Kristin M. Proud.(Simon, Jennifer) (Entered: 08/05/2014)

Aug. 5, 2014 PACER
11

ORDER granting 10 Letter Motion for Extension of Time to Answer re 10 LETTER MOTION for Extension of Time to File Answer addressed to Judge Colleen McMahon from Jennifer C. Simon dated August 5, 2014. OK. Kristin M. Proud answer due 8/19/2014; Howard Zucker answer due 8/19/2014. (Signed by Judge Colleen McMahon on 8/7/2014) (ja) (Entered: 08/07/2014)

Aug. 7, 2014 PACER
12

CONSENT LETTER MOTION for Extension of Time addressed to Judge Colleen McMahon from Jennifer C. Simon dated August 18, 2014. Document filed by Kristin M. Proud, Howard Zucker.(Simon, Jennifer) (Entered: 08/18/2014)

Aug. 18, 2014 PACER
13

ORDER granting 12 Letter Motion for Extension of Time. Granted. (Signed by Judge Colleen McMahon on 8/18/2014) (ja) (Entered: 08/18/2014)

Aug. 18, 2014 PACER

Set/Reset Deadlines: Kristin M. Proud answer due 10/24/2014; Howard Zucker answer due 10/24/2014. (ja)

Aug. 18, 2014 PACER
14

LETTER MOTION for Extension of Time to File Answer addressed to Judge Colleen McMahon from Jennifer C. Simon dated October 20, 2014. Document filed by Kristin M. Proud, Howard Zucker.(Simon, Jennifer) (Entered: 10/20/2014)

Oct. 20, 2014 PACER
15

ORDER SCHEDULING AN INITIAL PRETRIAL CONFERENCE: Initial Conference set for 11/7/2014 at 10:15 AM in Courtroom 17C, 500 Pearl Street, New York, NY 10007 before Judge Colleen McMahon. (Signed by Judge Colleen McMahon on 10/21/2014) (kgo) (Entered: 10/21/2014)

Oct. 21, 2014 PACER
16

ORDER granting 14 Letter Motion for Extension of Time to Answer. OK - last extension (Kristin M. Proud answer due 11/14/2014; Howard Zucker answer due 11/14/2014.) (Signed by Judge Colleen McMahon on 10/21/2014) (kgo) Modified on 10/22/2014 (kgo). (Entered: 10/21/2014)

Oct. 21, 2014 PACER

Minute Entry for proceedings held before Judge Colleen McMahon: Initial Pretrial Conference held on 11/7/2014. Decision: Discovery is stayed until 1/23/2015. If the parties are unable to settle within that period, they must begin litigating, and must appear for a case management conference on January 30, 2015 at 9:30 a.m. (Submitted by Sarah Siegel). (mde)

Nov. 7, 2014 PACER

Set/Reset Hearings: Case Management Conference set for 1/30/2015 at 9:30 AM in Courtroom 17C, 500 Pearl Street, New York, NY 10007 before Judge Colleen McMahon. (mde)

Nov. 7, 2014 PACER
17

ANSWER to 1 Complaint. Document filed by Kristin M. Proud, Howard Zucker.(Simon, Jennifer) (Entered: 11/14/2014)

Nov. 14, 2014 PACER

Minute Entry for proceedings held before Judge Colleen McMahon: Pretrial Conference held on 1/30/2015. Decision: Conference held. Motion to certify a class action due 3/13/15. All discovery to be completed by August 28, 2015. (Submitted by Sarah Siegel). (mde)

Jan. 30, 2015 PACER
18

FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Amend/Correct the Class Action Complaint., MOTION to Certify Class . Document filed by Eddy Lemieux, Anibal Santiago, Janie Taylor. (Attachments: # 1 MOL in Support of Motions to Amend and for Class Certification, # 2 Exhibit Decl of Jane Stevens In Support of Motions, # 3 Ex. A Proposed Amended Complaint, # 4 Affidavit Ex. B Decl. of Janie Taylor, # 5 Affidavit Ex. C Decl. of Denise Rivera, # 6 Affidavit Ex. D Decl. of Marie Ladiny, # 7 Affidavit Ex. E Decl. of Galina Tsvilikhovsky, # 8 Affidavit Ex. F Decl. of Maria Shkolnik, # 9 Affidavit Ex. G Decl. of Elizabeth Jois)(Stevens, Jane) Modified on 3/16/2015 (db). (Entered: 03/13/2015)

1 MOL in Support of Motions to Amend and for Class Certification

View on PACER

2 Exhibit Decl of Jane Stevens In Support of Motions

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3 Ex. A Proposed Amended Complaint

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4 Affidavit Ex. B Decl. of Janie Taylor

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5 Affidavit Ex. C Decl. of Denise Rivera

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6 Affidavit Ex. D Decl. of Marie Ladiny

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7 Affidavit Ex. E Decl. of Galina Tsvilikhovsky

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8 Affidavit Ex. F Decl. of Maria Shkolnik

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9 Affidavit Ex. G Decl. of Elizabeth Jois

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March 13, 2015 PACER

***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Jane Greengold Stevens to RE-FILE Document 18 MOTION to Amend/Correct the Class Action Complaint. MOTION to Certify Class . ERROR(S): Supporting Documents are filed separately, each receiving their own document #. (db)

March 16, 2015 PACER
19

MOTION to Amend/Correct the Complaint., MOTION to Certify Class . Document filed by Eddy Lemieux, Anibal Santiago, Janie Taylor.(Stevens, Jane) (Entered: 03/16/2015)

March 16, 2015 PACER
20

MEMORANDUM OF LAW in Support re: 19 MOTION to Amend/Correct the Complaint. MOTION to Certify Class . . Document filed by Eddy Lemieux, Anibal Santiago, Janie Taylor. (Stevens, Jane) (Entered: 03/16/2015)

March 16, 2015 PACER
21

DECLARATION of Jane Greengold Stevens in Support re: 19 MOTION to Amend/Correct the Complaint. MOTION to Certify Class .. Document filed by Eddy Lemieux, Anibal Santiago, Janie Taylor. (Attachments: # 1 Exhibit Proposed Amended Complaint)(Stevens, Jane) (Entered: 03/16/2015)

1 Exhibit Proposed Amended Complaint

View on PACER

March 16, 2015 PACER
22

DECLARATION of Janie Taylor in Support re: 19 MOTION to Amend/Correct the Complaint. MOTION to Certify Class .. Document filed by Eddy Lemieux, Anibal Santiago, Janie Taylor. (Stevens, Jane) (Entered: 03/16/2015)

March 16, 2015 PACER
23

DECLARATION of Denise Rivera in Support re: 19 MOTION to Amend/Correct the Complaint. MOTION to Certify Class .. Document filed by Eddy Lemieux, Anibal Santiago, Janie Taylor. (Stevens, Jane) (Entered: 03/16/2015)

March 16, 2015 PACER
24

DECLARATION of Marie Ladiny in Support re: 19 MOTION to Amend/Correct the Complaint. MOTION to Certify Class .. Document filed by Eddy Lemieux, Anibal Santiago, Janie Taylor. (Stevens, Jane) (Entered: 03/16/2015)

March 16, 2015 PACER
25

DECLARATION of galina Tsvilikhovsky in Support re: 19 MOTION to Amend/Correct the Complaint. MOTION to Certify Class .. Document filed by Eddy Lemieux, Anibal Santiago, Janie Taylor. (Stevens, Jane) (Entered: 03/16/2015)

March 16, 2015 PACER
26

DECLARATION of Maria Shkolnik in Support re: 19 MOTION to Amend/Correct the Complaint. MOTION to Certify Class .. Document filed by Eddy Lemieux, Anibal Santiago, Janie Taylor. (Stevens, Jane) (Entered: 03/16/2015)

March 16, 2015 PACER
27

DECLARATION of Elizabeth Jois in Support re: 19 MOTION to Amend/Correct the Complaint. MOTION to Certify Class .. Document filed by Eddy Lemieux, Anibal Santiago, Janie Taylor. (Stevens, Jane) (Entered: 03/16/2015)

March 16, 2015 PACER
28

NOTICE OF APPEARANCE by Michelle Nicole Pallak Movahed on behalf of Eddy Lemieux, Anibal Santiago, Janie Taylor. (Movahed, Michelle) (Entered: 03/18/2015)

March 18, 2015 PACER
29

CONSENT LETTER MOTION for Extension of Time addressed to Judge Colleen McMahon from Jennifer C. Simon dated March 23, 2015. Document filed by Kristin M. Proud, Howard Zucker.(Simon, Jennifer) (Entered: 03/24/2015)

March 24, 2015 PACER
30

CONSENT LETTER addressed to Judge Colleen McMahon from Jennifer C. Simon dated March 24, 2015 re: Proposed Case Management Order. Document filed by Kristin M. Proud, Howard Zucker.(Simon, Jennifer) (Entered: 03/24/2015)

March 24, 2015 PACER
31

CIVIL CASE MANAGEMENT PLAN: Joinder of Parties due by 4/15/2015. Expert Discovery due by 10/30/2015. Discovery due by 10/30/2015. Pretrial Order due by 12/14/2015. (Signed by Judge Colleen McMahon on 3/25/2015) (kgo) (Entered: 03/26/2015)

March 26, 2015 PACER
32

ORDER granting 29 Letter Motion for Extension of Time. OK (Signed by Judge Colleen McMahon on 3/25/2015) (kgo) (Entered: 03/26/2015)

March 26, 2015 PACER

Set/Reset Deadlines: Responses due by 4/10/2015 Replies due by 4/24/2015. (kgo)

March 26, 2015 PACER
33

MEMORANDUM OF LAW in Opposition re: 19 MOTION to Amend/Correct the Complaint. MOTION to Certify Class . . Document filed by Kristin M. Proud, Howard Zucker. (Simon, Jennifer) (Entered: 04/10/2015)

April 10, 2015 PACER
34

DECLARATION of Hope Goldhaber in Opposition re: 19 MOTION to Amend/Correct the Complaint. MOTION to Certify Class .. Document filed by Kristin M. Proud, Howard Zucker. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Simon, Jennifer) (Entered: 04/10/2015)

1 Exhibit A

View on PACER

2 Exhibit B

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3 Exhibit C

View on PACER

April 10, 2015 PACER
35

DECLARATION of Margaret Willard in Opposition re: 19 MOTION to Amend/Correct the Complaint. MOTION to Certify Class .. Document filed by Kristin M. Proud, Howard Zucker. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Simon, Jennifer) (Entered: 04/10/2015)

1 Exhibit A

View on PACER

2 Exhibit B

View on PACER

3 Exhibit C

View on PACER

April 10, 2015 PACER
36

DECLARATION of Michael Allen in Opposition re: 19 MOTION to Amend/Correct the Complaint. MOTION to Certify Class .. Document filed by Kristin M. Proud, Howard Zucker. (Simon, Jennifer) (Entered: 04/10/2015)

April 10, 2015 PACER
37

NOTICE OF APPEARANCE by Elizabeth Anne Jois on behalf of Eddy Lemieux, Anibal Santiago, Janie Taylor. (Jois, Elizabeth) (Entered: 04/24/2015)

April 24, 2015 PACER
38

REPLY MEMORANDUM OF LAW in Support re: 19 MOTION to Amend/Correct the Complaint. MOTION to Certify Class . . Document filed by Eddy Lemieux, Anibal Santiago, Janie Taylor. (Movahed, Michelle) (Entered: 04/24/2015)

April 24, 2015 PACER
39

LETTER addressed to Judge Colleen McMahon from jane greengold stevens dated 06.10.2015 re: REquest for referral to Magistrate Judge. Document filed by Eddy Lemieux, Anibal Santiago, Janie Taylor.(Stevens, Jane) (Entered: 06/10/2015)

June 10, 2015 PACER
40

ORDER OF REFERENCE TO A MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Specific Non-Dispositive Motion/Dispute: Discovery Disputes. Referred to Magistrate Judge Kevin Nathaniel Fox. (Signed by Judge Colleen McMahon on 6/11/2015) (kgo) (Entered: 06/11/2015)

June 11, 2015 PACER
41

FILING ERROR - DEFICIENT DOCKET ENTRY - LETTER MOTION for Local Rule 37.2 Conference addressed to Magistrate Judge Kevin Nathaniel Fox from Jane Greengold Stevens dated 06.12.2015. Document filed by Eddy Lemieux, Anibal Santiago, Janie Taylor.(Stevens, Jane) Modified on 6/15/2015 (db). (Entered: 06/12/2015)

June 12, 2015 PACER

***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Jane Greengold Stevens to RE-FILE Document 41 LETTER MOTION for Local Rule 37.2 Conference addressed to Magistrate Judge Kevin Nathaniel Fox from Jane Greengold Stevens dated 06.12.2015. ERROR(S): No signature or s/. (db)

June 15, 2015 PACER
42

LETTER MOTION for Local Rule 37.2 Conference addressed to Magistrate Judge Kevin Nathaniel Fox from Jane Greengold Stevens dated 6/15/2015. Document filed by Eddy Lemieux, Anibal Santiago, Janie Taylor.(Stevens, Jane) (Entered: 06/15/2015)

June 15, 2015 PACER
43

LETTER addressed to Judge Colleen McMahon re: PROPOSED PROTECTIVE ORDER. Document filed by Kristin M. Proud, Howard Zucker.(Simon, Jennifer) (Entered: 06/16/2015)

June 16, 2015 PACER
44

ORDER granting 42 Letter Motion for Local Rule 37.2 Conference addressed to Magistrate Judge Kevin Nathaniel Fox from Jane Greengold Stevens dated 6/15/2015. IT IS HEREBY ORDERED that a telephone conference shall be held in the above-captioned action on June 30, 2015, at 2:00 p.m. Counsel to the plaintiffs shall initiate theconference call to (212) 805-6705. (Telephone Conference set for 6/30/2015 at 02:00 PM before Magistrate Judge Kevin Nathaniel Fox.) (Signed by Magistrate Judge Kevin Nathaniel Fox on 6/22/2015) (kko) (Entered: 06/22/2015)

June 22, 2015 PACER
45

LETTER addressed to Magistrate Judge Kevin Nathaniel Fox from Jane Greengold Stevens dated 6/24/2015 re: request to add issue of Defendants' discovery delays to June 30 conference. Document filed by Eddy Lemieux, Anibal Santiago, Janie Taylor.(Stevens, Jane) (Entered: 06/24/2015)

June 24, 2015 PACER
46

LETTER addressed to Magistrate Judge Kevin Nathaniel Fox from Jennifer C. Simon dated June 25, 2015 re: Response to Plaintiffs' June 12, 2015 Letter. Document filed by Howard Zucker.(Simon, Jennifer) (Entered: 06/25/2015)

June 25, 2015 PACER

Minute Entry for proceedings held before Magistrate Judge Kevin Nathaniel Fox: A Telephone Conference was held on 6/30/2015. As a result of the discussion had during the conference, the discovery dispute raised in the parties' correspondence was resolved. (Midwood, Laura)

June 30, 2015 PACER
47

FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - LETTER MOTION for Local Rule 37.2 Conference concerning the proposed protective order filed by Defendants addressed to Judge Colleen McMahon from Michelle Movahed dated July 1, 2015. Document filed by Eddy Lemieux, Anibal Santiago, Janie Taylor.(Movahed, Michelle) Modified on 7/2/2015 (ldi). (Entered: 07/01/2015)

July 1, 2015 PACER

***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Michelle Nicole Pallak Movahed to RE-FILE Document 47 LETTER MOTION for Local Rule 37.2 Conference concerning the proposed protective order filed by Defendants addressed to Judge Colleen McMahon from Michelle Movahed dated July 1, 2015. Use the event type Letter found under the event list Other Documents. (ldi)

July 2, 2015 PACER
48

LETTER addressed to Judge Colleen McMahon from Michelle Movahed dated July 1, 2015 re: the proposed protective order filed by Defendants. Document filed by Eddy Lemieux, Anibal Santiago, Janie Taylor.(Movahed, Michelle) (Entered: 07/02/2015)

July 2, 2015 PACER
49

PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge Colleen McMahon on 7/8/2015) (kko) (Entered: 07/09/2015)

July 9, 2015 PACER
50

TRANSCRIPT of Proceedings re: Telephone Conference held on 6/30/2015 before Magistrate Judge Kevin Nathaniel Fox. Court Reporter/Transcriber: Shari Riemer, (518) 581-8973. 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 8/13/2015. Redacted Transcript Deadline set for 8/24/2015. Release of Transcript Restriction set for 10/22/2015.(ca) (Entered: 07/20/2015)

July 20, 2015 PACER
51

NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Telephone Conference proceeding held on 06/30/2015 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...(ca) (Entered: 07/20/2015)

July 20, 2015 PACER
52

MEMORANDUM DECISION AND ORDER ON MOTION FOR LEAVE TO FILE AMENDED CLASS ACTION COMPLAINT AND MOTION FOR CLASS CERTIFICATION granting 19 Motion to Amend/Correct ; denying 19 Motion to Certify Class. For the reasons set forth herein, Plaintiffs' unopposed motion to amend the complaint is GRANTED. Plaintiffs' motion for class certification is DENIED. The Clerk of the Court is directed to remove Docket No. 19 from the Court's list of pending motions and to close the file. (Signed by Judge Colleen McMahon on 7/27/2015) (kgo) (Entered: 07/27/2015)

July 27, 2015 PACER
53

CONSENT LETTER MOTION for Extension of Time to Complete Discovery ( CONSENT MOTION FOR STAY OF DEADLINES IN CASE MANAGEMENT PLAN) addressed to Judge Colleen McMahon from Jennifer C. Simon dated July 30, 2015. Document filed by Kristin M. Proud, Howard Zucker.(Simon, Jennifer) (Entered: 07/30/2015)

July 30, 2015 PACER
54

ORDER granting 53 Letter Motion for Extension of Time to Complete Discovery. Sounds good to me. (Signed by Judge Colleen McMahon on 7/31/2015) (kgo) (Entered: 07/31/2015)

July 31, 2015 PACER
55

LETTER MOTION for Extension of Time for submision of proposed revised CMO addressed to Judge Colleen McMahon from jane greengold stevens dated August 27, 2015. Document filed by Eddy Lemieux, Anibal Santiago, Janie Taylor.(Stevens, Jane) (Entered: 08/27/2015)

Aug. 27, 2015 PACER
56

MEMO ENDORSEMENT on re: 55 LETTER MOTION for Extension of Time for submision of proposed revised CMO addressed to Judge Colleen McMahon from jane greengold stevens dated August 27, 2015. filed by Janie Taylor, Anibal Santiago, Eddy Lemieux. ENDORSEMENT: Telephone conference scheduled for 9/11/15 @ 10:30 a.m. Mr. Stevens to initiate the call to chambers with opposing counsel on the line. (Signed by Judge Colleen McMahon on 9/8/2015) (kgo) (Entered: 09/08/2015)

Sept. 8, 2015 PACER

Set/Reset Hearings: Telephone Conference set for 9/11/2015 at 10:30 AM before Judge Colleen McMahon. (kgo)

Sept. 8, 2015 PACER

Minute Entry for proceedings held before Judge Colleen McMahon: Interim Pretrial Conference held on 9/11/2015. Decision: Conference held. The motion at Docket #55 is granted. The current Case Management Order (Docket #31) is suspended. Submitted By: Jacob D. Charles. (mde) .

Sept. 11, 2015 PACER
57

NOTICE OF VOLUNTARY DISMISSAL Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, Without prejudice against the defendant(s) Kristin M. Proud, Howard Zucker. Document filed by Janie Taylor, Anibal Santiago, Eddy Lemieux. (Stevens, Jane) (Entered: 10/13/2015)

Oct. 13, 2015 PACER

Terminate Transcript Deadlines (km)

Oct. 14, 2015 PACER
58

STIPULATION OF VOLUNTARY DISMISSAL BY PLAINTIFFS WITHOUT PREJUDICE: Pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii), Plaintiffs hereby voluntarily dismiss all claims in the above-referenced action, without prejudice, against Defendants Howard Zucker, as Commissioner of the New York State Department of Health and Samuel D. Roberts, as Commissioner of the New York State Office of Temporary and Disability Assistance, with all parties to bear their own costs and attorney's fees. (Signed by Judge Colleen McMahon on 10/14/2015) (kgo) (Entered: 10/14/2015)

Oct. 14, 2015 PACER

State / Territory: New York

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Post-WalMart decisions on class certification

Key Dates

Filing Date: July 15, 2014

Closing Date: 2015

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Three New York City recipients of Medicaid home care services.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

New York (Albany), State

New York State Office of Temporary and Disability Assistance, State

Defendant Type(s):

Hospital/Health Department

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

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)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

Unknown

Source of Relief:

Unknown

Form of Settlement:

Voluntary Dismissal

Issues

General:

Payment for care

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

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

disability, unspecified

Mental impairment

Mobility impairment

Benefit Source:

Medicaid