Case: Florida Pediatric Society v. Levine

1:05-cv-23037 | U.S. District Court for the Southern District of Florida

Filed Date: Nov. 28, 2005

Case Ongoing

Clearinghouse coding complete

Case Summary

On November 28, 2005, the Florida Pediatric Society, the Florida Chapter of the American Academy of Pediatrics, the Florida Academy of Pediatric Dentistry, Inc., and certain named individual children who were eligible to receive medical and dental care through Medicaid filed this class action lawsuit in the U.S. District Court for the Southern District of Florida. The plaintiffs, represented by attorneys from private practice and from the Public Interest Law Center of Philadelphia, brought this…

On November 28, 2005, the Florida Pediatric Society, the Florida Chapter of the American Academy of Pediatrics, the Florida Academy of Pediatric Dentistry, Inc., and certain named individual children who were eligible to receive medical and dental care through Medicaid filed this class action lawsuit in the U.S. District Court for the Southern District of Florida. The plaintiffs, represented by attorneys from private practice and from the Public Interest Law Center of Philadelphia, brought this suit under 42 U.S.C. § 1983 against the Florida Agency for Health Care Administration ("AHCA"); the Florida Department of Children and Families ("DCF"); the Surgeon General; and the Florida Department of Health ("DOH"). The plaintiffs sought declaratory and injunctive relief, claiming that the defendants systematically failed to administer the state's Medicaid program in compliance with federal law. Specifically, they alleged that the defendants violated Title XIX of the Social Security Act, 42 U.S.C. § 1396 et seq. (also known as the Medicaid Act), by failing to provide essential medical and dental services to eligible children in Florida. The plaintiffs sought to certify a class consisting of all children who now, or in the future will, reside in Florida and who are, or will be, eligible under Title XIX of the Act for Early and Periodic Screening, Diagnosis and Treatment Services.

The complaint included four counts. In Count I, the plaintiffs alleged that the defendants violated 42 U.S.C. §§ 1396a(a)(8) and (a)(10) by failing to provide "medical assistance . . . with reasonable promptness to all eligible individuals." Count II claimed that the defendants violated 42 U.S.C. § 1396a(a)(30)(A) by failing to afford equal access to medical care through a Medicaid program that ensured that reimbursement rates for providers were high enough to guarantee children access to care that equaled the access of their peers in other geographical areas. Count III charged that the defendants violated 42 U.S.C. §1396u-2(b)(5), which requires that states obtain assurances that the HMO contractors offer a suitable range of services and access to preventive and primary care services for the population expected to be enrolled and maintain a sufficient number, mix, and geographic distribution of providers. Finally, Count IV alleged that the defendants violated 42 U.S.C. § 1396a(a)(43) by failing to effectively inform the plaintiffs and their caretakers of the availability of child health care services.

On January 12, 2007, Judge Adalberto Jordan issued an order granting in part and denying in part the defendants' motion to dismiss. The Court refused to dismiss the case on the theory that the organizational plaintiffs lacked standing, holding that it did not need to answer this question given that the individual plaintiffs clearly had standing. The District Court proceeded to reject in large part the argument that the statutes under which the plaintiffs sued do not confer individually enforceable rights. Adopting the Supreme Court's test in Gonzaga University v. Doe, 536 U.S. 273 (2002), the District Court held that the statutes from Counts I, II, and IV evinced an "unmistakable focus on the benefitted class" and therefore created private rights of action. The statute in Count III, by contrast, was held not to create a privately enforceable right because it is "aggregate and systemwide in nature" rather than focused on the needs of a particular class of people. The defendants filed a motion asking the Court to reconsider this decision and certify certain issues as immediately appealable to the Eleventh Circuit, but Judge Jordan rejected that request on April 24, 2007.

The parties then engaged in extensive discovery. On March 20, 2009, Judge Jordan granted in part and denied in part two partial motions for summary judgment filed by DCF and the Surgeon General. For its part, DCF challenged the plaintiffs' standing, and the Court determined that at least one plaintiff had suffered an injury in fact because the child experienced an eighteen-month delay for an appointment in violation of Count I and because he failed to receive information about his rights to medical care in violation of Count IV. The Court further held that each of these violations could be traced to DCF. The plaintiffs did, however, fail to satisfy the causation element for Count II because DCF lacked authority to set or modify reimbursement rates, an authority that state law reposes in AHCA. Having concluded that at least one plaintiff had standing, the District Court turned to the merits of the summary judgment motion. It denied the motion with respect to the first prong of Count I (42 U.S.C. § 1396a(a)(8)) and Count IV, holding that issues of material fact existed about whether DCF unlawfully prevented children from obtaining health care services and whether the agency failed to inform the plaintiffs about their rights to medical care. But the Court did rule for the defendants and grant summary judgment on the second prong of Count I (§ 1396a(a)(8)). It held that the plaintiffs had failed to produce any evidence showing that DCF afforded them unequal treatment compared to other Medicaid recipients or people not on Medicaid. As a result, summary judgment was proper on this part of Count I.

The District Court then evaluated the Surgeon General's motion for summary judgment, which raised substantially the same issues as DCF's motion. The Court held that at least one plaintiff had standing on Counts I and II. Because this plaintiff's surgery was delayed by a year, he was denied medical care with reasonable promptness in violation of the first prong of Count I. The Surgeon General also violated prong two of Count I because the plaintiffs received deficient medical assistance compared to the assistance afforded other individuals. As for Count II, the District Court determined that medical care and services were not available to the plaintiffs to the same extent they were available to the rest of the population in the geographic area. The Court then held that the causation requirement was satisfied, explaining that DOH has at least some control over the Medicaid reimbursement rates paid to providers. On Count IV, however, the Court held that the plaintiffs lacked standing because they failed to allege facts showing that DOH was responsible for any lack of information concerning available medical services. The Court then denied the Surgeon General's summary judgment motion on Counts I and II because of the plaintiffs' factual showings on DOH's failure to provide medical services with reasonable promptness and to ensure that payments to providers were sufficiently high to guarantee quality care as compared with that received by other children.

The parties tried mediation for the next few months, but on June 9, 2009, they reached an impasse. On June 25, Magistrate Judge Chris McAliley issued a recommendation that the District Court grant the plaintiffs' motion for class certification. Judge Jordan then issued an order on September 30 adopting the magistrate's report and granting in part the motion for certification. After concluding that the plaintiffs had standing to pursue Counts I, II, and IV against AHCA, the Court certified a class consisting of all children under the age of 21 who now, or in the future will, reside in Florida and who are, or will be, eligible under Title XIX of the Social Security Act for Early Periodic Screening, Diagnosis and Treatment Services.

Also on September 30, 2009, Judge Jordan issued an order denying the defendants' motions for summary judgment. The Court again rejected the argument that the statutes at issue do not confer individually enforceable rights. It also rejected the defendants' contention that the term "medical assistance" in §§ 1396a(a)(8) and 1396a(a)(10) is narrowly defined and precludes relief for failure to provide medical services.

After more discovery, a bench trial began on December 9, 2009. The trial consisted of 94 sessions and ended in January 2012. On November 21, 2012, the District Court (Judge Jordan) issued an order requiring the parties to submit memoranda of law explaining whether the new Affordable Care Act provisions moot or otherwise affect the issues in this case. These provisions, which took effect on January 1, 2013, require Medicaid to match Medicare's rate of payment for primary care treatment for any services performed over the next two years.

On March 18, 2013, Judge Jordan denied the defendants' request to dismiss certain claims as moot because of Florida's state plan amendment, which gave to Medicaid providers Medicare's higher reimbursement rates. The Court explained that the Centers for Medicare & Medicaid Services had yet to approve the amendment, which means that medical providers in the state still have not been paid the higher rates that the plaintiffs demanded. As a result, the claims in the case remain viable. Judge Jordan again rejected the defendants' mootness arguments in an order issued on July 10, 2014. The Court held that a temporary two-year increase of Medicaid reimbursement rates to Medicare levels did not moot the case given the uncertainty about whether the state legislature would keep funding the rate increases past their expiration date on December 31, 2014. Moreover, Florida's decision to place 98 to 99 percent of children eligible for Medicaid in managed care similarly did not render the case moot because of the 1 to 2 percent of excluded children and because the managed care system would not be live until October 1, 2014.

On November 25, 2014, Judge Jordan denied the defendants' request to reopen the record for trial on liability and their suggestion of mootness. In declining to reopen the record, the Court explained that allowing more discovery and trial sessions would cause substantial prejudice and would improperly prolong the process of determining liability. The Court then rejected the defendants' mootness arguments. Even though DCF made significant changes in its system for determining Medicaid eligibility, including implementing a new computer system with new income eligibility standards and a new streamlined Medicaid application, the Court held that because these changes were relatively recent it remained unclear whether they would fully resolve all of the plaintiffs' complaints.

About a month later, on December 30, 2014, Judge Jordan issued its findings of fact and conclusions of law in an opinion that spanned more than 150 pages. The Court began by reaffirming its pretrial determination that the individual plaintiffs have standing to bring this case. (It declined to reach the organizational plaintiffs' standing but reserved the right to do so in a future revised order.) The Court also reaffirmed its pretrial class-certification ruling and its determination that the statutes underlying Counts I, II, and IV confer individually enforceable rights under which the plaintiffs can bring this action. After making extensive factual findings, the District Court held that Florida's Medicaid program violated federal law in several respects. The program has failed to compensate physicians and specialists at rates that are competitive with those of Medicare or private insurers. Specifically, the state's system for reimbursing physicians prioritizes budget neutrality and fails to consider statutory mandates like ensuring that reimbursement rates are sufficiently high to incentivize physicians to treat Medicaid patients. As a result, about one-third of Florida children on Medicaid do not receive the preventative care to which they are entitled, a violation of the Early Periodic Screening, Diagnosis and Treatment requirements for preventative medical care under §§ 1396a(a)(8) and (a)(10). The District Court held that the defendants violated these requirements for specialty care as well. On the issue of dental care, the Court reached similar conclusions, holding that children in Florida are not receiving such care with reasonable promptness and that dental reimbursement rates are too low. The Court then identified the defendants' additional violations of federal law, including those relating to outreach efforts.

On March 31, 2015, Judge Jordan issued amended findings of fact and conclusions of law in response to a motion filed by the defendants. The Court's changes related primarily to the expiration of a state statute that had delegated to DCF certain outreach responsibilities. Given the statute's expiration, the Court held that DCF could no longer be sued under Count IV for failing to perform these duties, although AHCA and DOH remained subject to liability. The Court's other changes involved the standing of some of the individual plaintiffs.

After a scheduling conference, the district court informed the parties that the next phase of the case would focus on whether there remains an ongoing controversy to justify awarding any declaratory or injunctive relief. The court directed the parties to file their respective offers of proof in preparation for a hearing to be held on April 24, 2015. The defendants argued that a recent case, Armstrong v. Exceptional Child Care Center, required that the court dismiss all of the plaintiffs' claims. However, on May 1, 2015, the Court dismissed only Count II based on the new case law.

After several months of settlement discussions, the court approved a final settlement agreement on June 28, 2016. The state agreed to implement an incentive program providing rate increases to eligible medical services providers upon achievement of certain objectively measurable patient access and outcome measures. The state also agreed to increase access to and utilization of pediatric dental services. The agreement calls for at least quarterly meetings between state agencies and the plaintiffs to address plan changes, changes in primary care provider assignments, and timely activation and enrollment of newborn babies with Medicaid coverage from birth. The state also agreed to ensure that communications are made through various media and non-media channels to inform parents and guardians of enrolled Medicaid children of available EPSDT services and to inform parents and guardians of unenrolled children of the availability of the Medicaid program. Finally, the state agreed to improve the Medicaid eligibility process for children by making all reasonable efforts to minimize wrongful terminations of Medicaid eligibility, monitor files on eligible unborn babies, evaluate the application process. The parties agreed to quarterly meetings to monitor the Medicaid eligibility process.

The Court has jurisdiction over the litigation until September 30, 2022. The defendants agreed to pay the plaintiffs $12,000,000 to cover attorneys' fees and costs. As of June 17, 2020, the docket reflects no further activity, but the term of the Court's jurisdiction is still ongoing.

Summary Authors

Brian Tengel (4/7/2015)

Eva Richardson (1/5/2019)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5523103/parties/florida-pediatric-v-secretary-ahca/


Judge(s)

Jordan, Adalberto Jose (Florida)

McAliley, Chris M. (Florida)

O'Sullivan, John J. (Florida)

Attorneys(s) for Plaintiff

Boruchow, Sashi Bach (Florida)

Bullock, Louis Werner (Oklahoma)

Eiseman, James Jr. (Pennsylvania)

Geffen, Benjamin D. (Pennsylvania)

Gilhool, Thomas K. (Pennsylvania)

Goldfarb, Carl Edward (Florida)

Gonzalez, Mauricio (Florida)

Judge(s)

Jordan, Adalberto Jose (Florida)

McAliley, Chris M. (Florida)

O'Sullivan, John J. (Florida)

Attorneys(s) for Plaintiff

Boruchow, Sashi Bach (Florida)

Bullock, Louis Werner (Oklahoma)

Eiseman, James Jr. (Pennsylvania)

Geffen, Benjamin D. (Pennsylvania)

Gilhool, Thomas K. (Pennsylvania)

Goldfarb, Carl Edward (Florida)

Gonzalez, Mauricio (Florida)

Kunz, Paul Bernard (Florida)

Marshall, Damien J. (Florida)

Riley, Joshua P. (District of Columbia)

Singer, Stuart Harold (Florida)

Verkuil, Paul R. (New York)

Attorneys(s) for Defendant

Bowden, Albert III (Florida)

Daniel, Stephanie A. (Florida)

Figlio, Erik Matthew (Florida)

Giurato, Gerald Anthony (Florida)

Jimenez, Marcos Daniel (Florida)

Landon, Robert Donald Wike (Florida)

Martin, Paul Jeffrey (Florida)

Smith, Chesterfield Jr. (Florida)

Documents in the Clearinghouse

Document

Docket [PACER]

Florida Pediatric Society v. Secretary − AHCA

July 20, 2016 Docket
1

Complaint- Class Action

Nov. 28, 2005 Complaint
40

Order On Motion To Dismiss

Jan. 12, 2007 Order/Opinion
58

Order Denying Motion To Reconsider Motion To Dismiss And To Certify Issues As Immediately Appealable

April 24, 2007 Order/Opinion
77

Amended Complaint- Class Action

June 5, 2007 Complaint
148

[Proposed] Order On Partial Motion To Dismiss Count III Of The Amended Complaint

Feb. 14, 2008 Order/Opinion
1236

Order on Motions for Summary Judgment

March 20, 2009 Order/Opinion
613

Report and Recommendation on Plaintiffs' Motion for Class Certification

Florida Pediatric Society v. Holly Benson

June 25, 2009 Magistrate Report/Recommendation
672

Order Denying the Defendants' Motions for Summary Judgment

Florida Pediatric Society v. Holly Benson

Sept. 30, 2009 Order/Opinion
671

Order Granting in Part the Plaintiffs' Motion for Class Certification

Florida Pediatric Society v. Holly Benson

Sept. 30, 2009 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5523103/florida-pediatric-v-secretary-ahca/

Last updated May 20, 2022, 3:53 a.m.

ECF Number Description Date Link
253

REPORT AND RECOMMENDATION On Motion To Intervene For The Purpose Of Serving As Class Representative. Objections to R&R due by 8/13/2008. Responses to objections due by 8/20/2008. Signed by Magistrate Judge Chris M. McAliley on 7/30/2008. (lc1)

July 30, 2008 RECAP
1

COMPLAINT filed; FILING FEE $250.00 RECEIPT # 930783 ; Magistrate Judge Andrea M. Simonton (vp, Deputy Clerk) Modified on 6/29/2016 (mr1). (Entered: 11/28/2005)

Nov. 21, 2005
2

SUMMONS(ES) issued for Secretary − FDH (vp, Deputy Clerk) (Entered: 11/28/2005)

Nov. 21, 2005
268

ORDER granting in part and denying in part 168 Motion to Intervene ; adopting in part Report and Recommendations re 253 Report and Recommendations.. Signed by Judge Adalberto Jordan on 8/27/2008. (ls)

Aug. 27, 2008 RECAP
3

SUMMONS(ES) issued for Seretary − AHCA (vp, Deputy Clerk) (Entered: 11/28/2005)

Nov. 21, 2005
4

SUMMONS(ES) issued for Secretary (vp, Deputy Clerk) (Entered: 11/28/2005)

Nov. 21, 2005
5

MOTION by Secretary, Seretary − AHCA (Attorney Chesterfield H. Smith Jr.) to extend time to file initial response to class action complaint (nt, Deputy Clerk) (Entered: 12/16/2005)

Dec. 15, 2005
6

ORDER granting [5−1] motion to extend time to file initial response to class action complaint setting answer due for 1/13/06 for Secretary − FDH, for Secretary, for Seretary − AHCA ( Signed by Judge Paul C. Huck on 01/13/06) [EOD Date: 1/17/06] (nt, Deputy Clerk) (Entered: 01/17/2006)

Jan. 13, 2006
7

UNOPPOSED MOTION by Seretary − AHCA, Secretary, Secretary − FDH (Attorney Stephanie A. Daniel) to exceed page limitation on attached motion to dismiss (nt, Deputy Clerk) (Entered: 01/17/2006)

Jan. 13, 2006
9

MOTION with memorandum in support by Seretary − AHCA, Secretary, Secretary − FDH to dismiss complaint (nt, Deputy Clerk) (Entered: 01/18/2006)

Jan. 13, 2006
10

NOTICE of Telephonic Status Conference: setting status conference for 9:15 1/23/06 before Judge Paul C. Huck (nt, Deputy Clerk) (Entered: 01/19/2006)

Jan. 18, 2006
11

UNOPPOSED MOTION by Florida Pediatric, Florida Academy, Ashley Dove, Blanche Spell, Eva Carmona, Amy Torchin, Rita Gorenflo, Les Gorenflo to extend time to respond to defendants' motion to dismiss (tb, Deputy Clerk) (Entered: 01/25/2006)

Jan. 19, 2006
12

ORDER granting [11−1] motion to extend time to respond to defendants' motion to dismiss Response to motion reset to 2/15/06 for [9−1] motion to dismiss complaint ( Signed by Judge Paul C. Huck on 1/20/06) [EOD Date: 1/26/06] (tb, Deputy Clerk) (Entered: 01/26/2006)

Jan. 20, 2006
13

MOTION by Florida Pediatric, Florida Academy, Ashley Dove, Blanche Spell, Eva Carmona, Amy Torchin, Rita Gorenflo, Les Gorenflo for recusal (bb, Deputy Clerk) (Entered: 01/30/2006)

Jan. 26, 2006
14

ORDER OF RECUSAL granting [13−1] motion for recusal ( Signed by Judge Paul C. Huck on 1/27/06) [EOD Date: 2/6/06] (nt, Deputy Clerk) (Entered: 02/06/2006)

Feb. 3, 2006

CASE reassigned to Judge Adalberto Jordan (nt, Deputy Clerk) (Entered: 02/06/2006)

Feb. 3, 2006
15

RESPONSE by All Plaintiffs to [9−1] motion to dismiss complaint (sk, Deputy Clerk) (Entered: 02/16/2006)

Feb. 15, 2006
16

MOTION by All Plaintiffs (Attorney ) for leave to file /exceed page limitation of opposition to motion to dismiss (See DE# 15 opposition) (sk, Deputy Clerk) (Entered: 02/16/2006)

Feb. 15, 2006
17

ORDER granting [16−1] motion for leave to file /exceed page limitation of opposition to motion to dismiss ( Signed by Judge Adalberto Jordan on 02/16/06) [EOD Date: 2/17/06] (sk, Deputy Clerk) (Entered: 02/17/2006)

Feb. 16, 2006
18

MOTION with memorandum in support by All Defendants to extend time to file reply to response to motion to dismiss complaint (dg, Deputy Clerk) (Entered: 02/23/2006)

Feb. 22, 2006
19

ORDER granting [18−1] motion to extend time to file reply to response to motion to dismiss complaint Reply to Response to Motion reset to 3/7/06 for [9−1] motion to dismiss complaint ( Signed by Judge Adalberto Jordan on 2/24/06) [EOD Date: 2/28/06] (bb, Deputy Clerk) (Entered: 02/28/2006)

Feb. 27, 2006
20

MOTION by Florida Pediatric (Attorney James Eiseman Jr.) for James Eiseman Jr to appear pro hac vice (bs, Deputy Clerk) (Entered: 02/28/2006)

Feb. 27, 2006

Filing Fee Paid; FILING FEE $ 75.00 RECEIPT # 935783 (bs, Deputy Clerk) (Entered: 02/28/2006)

Feb. 27, 2006
21

MOTION by Florida Pediatric (Attorney Thomas K. Gilhool) for Thomas K. Gilhool to appear pro hac vice (bs, Deputy Clerk) (Entered: 02/28/2006)

Feb. 27, 2006

Filing Fee Paid; FILING FEE $ 75.00 RECEIPT # 935780 (bs, Deputy Clerk) (Entered: 02/28/2006)

Feb. 27, 2006
22

MOTION by Florida Pediatric (Attorney Louis W. Bullock) for Louis W. Bullock to appear pro hac vice (bs, Deputy Clerk) (Entered: 02/28/2006)

Feb. 27, 2006

Filing Fee Paid; FILING FEE $ 75.00 RECEIPT # 935781 (bs, Deputy Clerk) (Entered: 02/28/2006)

Feb. 27, 2006
23

ORDER granting [20−1] motion for James Eiseman Jr to appear pro hac vice ( Signed by Judge Adalberto Jordan on 3/1/06) [EOD Date: 3/3/06] (bb, Deputy Clerk) (Entered: 03/03/2006)

March 2, 2006
24

ORDER granting [21−1] motion for Thomas K. Gilhool to appear pro hac vice ( Signed by Judge Adalberto Jordan on 3/1/06) [EOD Date: 3/3/06] (bb, Deputy Clerk) (Entered: 03/03/2006)

March 2, 2006
26

REPLY by All Defendants to response to [9−1] motion to dismiss complaint (nt, Deputy Clerk) (Entered: 03/09/2006)

March 7, 2006
27

NOTICE OF FILING SUPPLEMENTAL AUTHORITY by Secretary − FDH, Secretary, Seretary − AHCA re: (nt, Deputy Clerk) (Entered: 03/16/2006)

March 16, 2006
28

MOTION by All Plaintiffs (Attorney ) for Hearing on [9−1] mo (sk, Deputy Clerk) (Entered: 03/30/2006)

March 29, 2006
29

Certification for transferring case to new magistrate judge Klein ( Signed by Magistrate Judge Andrea M. Simonton on 03/29/06) [EOD Date: 3/31/06] (sk, Deputy Clerk) (Entered: 03/31/2006)

March 30, 2006

Magistrate identification: Magistrate Judge Theodore Klein (sk, Deputy Clerk) (Entered: 03/31/2006)

March 30, 2006
30

ORDER granting [28−1] motion for Hearing on [9−1] motion; setting motion hearing on [9−1] motion to dismiss complaint by Seretary − AHCA, Secretary, Secretary − FDH for 2:00 5/12/06 ( Signed by Judge Adalberto Jordan on 04/17/06) [EOD Date: 4/18/06] (sk, Deputy Clerk) (Entered: 04/18/2006)

April 17, 2006
31

NOTICE OF FILING SUPPLEMENTAL AUTHORITY by All Plaintiffs re: [15−1] RESPONSE by All Plaintiffs to [9−1] motion to dismiss complaint (sk, Deputy Clerk) (Entered: 05/03/2006)

May 2, 2006
32

NOTICE OF FILING INTENTION TO REPLY ON ADDITIONAL CASES/ SUPPLEMENTAL AUTHORITY by All Defendants re: [6−2] order (sk, Deputy Clerk) (Entered: 05/11/2006)

May 10, 2006
33

NOTICE of ntent to rely on additional cases by All Plaintiffs (sk, Deputy Clerk) (Entered: 05/11/2006)

May 11, 2006
34

NOTICE OF FILING SUPPLEMENTAL AUTHORITY by Seretary − AHCA (nt, Deputy Clerk) (Entered: 05/17/2006)

May 15, 2006
35

Transcript filed re: Hearing on Motion to Dismiss held 5/12/06 before Judge Adalberto Jordan Pages: 1−49 (hh, Deputy Clerk) (Entered: 05/24/2006)

May 24, 2006
36

NOTICE of voluntary dismissal without prejudice of Amy Torchin only by All Plaintiffs (hd, Deputy Clerk) (Entered: 06/08/2006)

June 7, 2006
37

ORDER dismissing without prejudice all claims against all defendants ( Signed by Judge Adalberto Jordan on 6/8/06) [EOD Date: 6/9/06] (hd, Deputy Clerk) (Entered: 06/09/2006)

June 8, 2006
38

PURSUANT to Administrative Order 2006−18, this case is temporarily reassigned to Magistrate Judge Edwin G. Torres (Signed by Judge William J. Zloch on 7/21/06) [EOD Date: 7/27/06] (dg, Deputy Clerk) (Entered: 07/27/2006)

July 21, 2006

Magistrate identification: Magistrate Judge Torres (dg, Deputy Clerk) (Entered: 07/27/2006)

July 21, 2006
39

Notice of Supplemental Authority re 9 Motion to Dismiss by All Defendants (Attachments: # 1)(Daniel, Stephanie) (Entered: 01/05/2007)

Jan. 5, 2007
40

ORDER granting in part to count 3 and denying in all other respects 9 Motion to Dismiss . Signed by Judge Adalberto Jordan on 1/11/07. (lk) (Entered: 01/12/2007)

Jan. 11, 2007

Set/Reset Answer Due Deadline: All Defendants answer due 2/12/2007. (lk) (Entered: 01/12/2007)

Jan. 12, 2007
41

First MOTION for Reconsideration re 40 Order on Motion to Dismiss AND, FOR ORDER CERTIFYING ISSUES by All Defendants. (Attachments: # 1 DE #42# 2 DE #475# 3 DE # 478)(Daniel, Stephanie) (Entered: 01/29/2007)

Jan. 29, 2007
43

NOTICE by All Defendants re 41 First MOTION for Reconsideration re 40 Order on Motion to Dismiss AND, FOR ORDER CERTIFYING ISSUES , 42 Notice (Other) of conferring with opposing counsel (Daniel, Stephanie) (Entered: 01/30/2007)

Jan. 30, 2007
44

First MOTION for Extension of Time to File Answer and Joint Scheduling Report by All Defendants. (Daniel, Stephanie) (Entered: 02/08/2007)

Feb. 8, 2007
45

RESPONSE in Opposition re 44 First MOTION for Extension of Time to File Answer and Joint Scheduling Report filed by All Plaintiffs. (Kunz, Paul) (Entered: 02/09/2007)

Feb. 9, 2007
46

REPLY to Response to Motion re 44 First MOTION for Extension of Time to File Answer and Joint Scheduling Report filed by All Defendants. (Daniel, Stephanie) (Entered: 02/16/2007)

Feb. 16, 2007
47

MEMORANDUM in Opposition re 41 First MOTION for Reconsideration re 40 Order on Motion to Dismiss AND, FOR ORDER CERTIFYING ISSUES filed by All Plaintiffs. (Attachments: # 1 Exhibit)(Marshall, Damien) (Entered: 02/16/2007)

Feb. 16, 2007
48

ORDER granting 44 Motion for Extension of Time ; Signed by Judge Adalberto Jordan on 02/20/2007 (bs) (Entered: 02/20/2007)

Feb. 20, 2007
49

ANSWER to Complaint by All Defendants.(Daniel, Stephanie) (Entered: 02/26/2007)

Feb. 26, 2007
50

ORDER granting 44 first motion for extension of time to file answer and joint scheduling report; Signed by Judge Adalberto Jordan on 02/26/2007 (bs) (Entered: 02/27/2007)

Feb. 27, 2007
51

REPLY to Response to Motion re 41 First MOTION for Reconsideration re 40 Order on Motion to Dismiss AND, FOR ORDER CERTIFYING ISSUES filed by All Defendants. (Smith, Chesterfield) (Entered: 02/28/2007)

Feb. 28, 2007
52

Joint MOTION for Extension of Time to File TWO DAY ENLARGEMENT OF TIME TO FILE JOINT SCHEDULING REPORT by All Plaintiffs. (Goldfarb, Carl) (Entered: 03/05/2007)

March 5, 2007
53

STATUS REPORT Joint Scheduling Report by All Plaintiffs, All Defendants. (Goldfarb, Carl) (Entered: 03/07/2007)

March 7, 2007
54

Proposed Pretrial Order Plaintiffs Proposed Scheduling Order by All Plaintiffs. (Goldfarb, Carl) (Entered: 03/07/2007)

March 7, 2007
55

PRETRIAL STIPULATION CORRECTED JOINT SCHEDULING REPORT by All Plaintiffs, All Defendants. (Goldfarb, Carl) (Entered: 03/08/2007)

March 8, 2007
56

NOTICE by All Defendants of filing Proposed Scheduling Order (Attachments: # 1)(Daniel, Stephanie) (Entered: 03/08/2007)

March 8, 2007
57

MOTION for Judgment on the Pleadings by Secretary of Florida Department of Children & Family Services. (Daniel, Stephanie) (Entered: 04/12/2007)

April 12, 2007
58

ORDER denying 41 motion for reconsideration and to certify issues as immediately appealable;Signed by Judge Adalberto Jordan on 04/24/2007. (bs) (Entered: 04/24/2007)

April 24, 2007
59

SCHEDULING ORDER:, ORDER REFERRING CASE to Magistrate Judge Edwin G. Torres for discovery, ORDER REFERRING CASE to Mediation. Jury Trial set for 6/23/2008 before Judge Adalberto Jordan. Calendar Call set for 6/17/2008 09:00 AM before Judge Adalberto Jordan.Signed by Judge Adalberto Jordan on 04/24/2007.(bs) (Entered: 04/24/2007)

April 24, 2007
60

DISCOVERY PROCEDURE for Magistrate Judge Edwin Torres;Signed by Judge Adalberto Jordan on 04/24/2007.(bs) (Entered: 04/24/2007)

April 24, 2007
61

MOTION for Extension of Time to File Response/Reply as to 57 MOTION for Judgment on the Pleadings by All Plaintiffs. (Goldfarb, Carl) (Entered: 04/27/2007)

April 27, 2007
62

NOTICE by All Plaintiffs re 59 Scheduling Order, Order Referring Case to Magistrate Judge, Order Referring Case to Mediation,,, Notice Regarding Issue of Consent to Trial

May 4, 2007
64

Rule 26 Disclosures by All Defendants.. (lh) (Entered: 05/07/2007)

May 4, 2007
65

ORDER granting 61 Motion for Extension of Time to File; Signed by Judge Adalberto Jordan on 05/07/2007. (bs) (Entered: 05/07/2007)

May 7, 2007
66

MEMORANDUM in Opposition re 57 MOTION for Judgment on the Pleadings filed by All Plaintiffs. (Goldfarb, Carl) (Entered: 05/07/2007)

May 7, 2007
67

NOTICE by All Defendants re 59 Scheduling Order, Order Referring Case to Magistrate Judge, Order Referring Case to Mediation,,, of Scrivener's Errors (Daniel, Stephanie) (Entered: 05/15/2007)

May 15, 2007
68

MOTION for Extension of Time to File Reply as to 66 Memorandum in Opposition, 57 MOTION for Judgment on the Pleadings by Secretary of Florida Department of Children & Family Services. (Daniel, Stephanie) (Entered: 05/15/2007)

May 15, 2007
69

CERTIFICATE of Counsel re 68 MOTION for Extension of Time to File Reply as to 66 Memorandum in Opposition, 57 MOTION for Judgment on the Pleadings by Stephanie A. Daniel on behalf of Secretary of Florida Department of Children & Family Services (Attachments: # 1 Text of Proposed Order Proposed Order)(Daniel, Stephanie) (Entered: 05/16/2007)

May 16, 2007
70

CERTIFICATE of Counsel re 68 MOTION for Extension of Time to File Reply as to 66 Memorandum in Opposition, 57 MOTION for Judgment on the Pleadings, 69 Certificate of Counsel, (Amended) by Stephanie A. Daniel on behalf of Secretary of Florida Department of Children & Family Services (Attachments: # 1 Text of Proposed Order)(Daniel, Stephanie) (Entered: 05/16/2007)

May 16, 2007
71

NOTICE by All Plaintiffs JOINDER IN NOTICE OF SCRIVENER?S ERROR IN APRIL 24, 2007 ORDER SETTING SCHEDULE, REGARDING MEDIATION, AND REFERRING CERTAIN MOTIONS TO MAGISTRATE JUDGE (Goldfarb, Carl) (Entered: 05/17/2007)

May 17, 2007
72

ORDER granting 68 Motion for Extension of Time to Reply ; Signed by Judge Adalberto Jordan on 05/21/2007. (bs) (Entered: 05/21/2007)

May 21, 2007
73

Unopposed MOTION for Leave to File Amended Complaint by All Plaintiffs. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C)(Goldfarb, Carl) (Entered: 05/21/2007)

May 21, 2007
74

Second MOTION for Extension of Time to File Reply as to 57 MOTION for Judgment on the Pleadings by Secretary of Florida Department of Children & Family Services. (Attachments: # 1 Text of Proposed Order)(Daniel, Stephanie) (Entered: 05/22/2007)

May 22, 2007
75

RESPONSE to 59 Scheduling Order, Order Referring Case to Magistrate Judge, Order Referring Case to Mediation,,, filed by All Plaintiffs, All Defendants. (Daniel, Stephanie) (Entered: 05/24/2007)

May 24, 2007
76

ORDER Granting Unopposed 73 Motion for Leave to Amend the Complaint; Denying as moot 66 and 57 Motion for Judgment on the Pleadings; Denying as moot 74 Motion for Extension of Time to Reply. Signed by Judge Adalberto Jordan on 5/29/07. (de) (Entered: 05/30/2007)

May 30, 2007
77

AMENDED COMPLAINT −CLASS ACTION , filed by All Plaintiffs.(Goldfarb, Carl) (Entered: 06/05/2007)

June 5, 2007
78

Unopposed MOTION for Leave to Appear Pseudonymously by N. A.. Responses due by 6/19/2007 (Goldfarb, Carl) (Entered: 06/05/2007)

June 5, 2007
79

ORDER Granting 73 MOTION for Leave to File Amended Complaint.Signed by Judge Adalberto Jordan on 6/8/07.(de) (Entered: 06/08/2007)

June 8, 2007
81

AMENDED SCHEDULING ORDER: Jury Trial set for 6/23/2009 before Judge Adalberto Jordan. Calendar Call set for 6/17/2009 09:00 AM before Judge Adalberto Jordan. ORDER Requiring Mediation. ORDER REFERRING Certain Motions to Magistrate Judge Edwin G. Torres. Signed by Judge Adalberto Jordan on 6/12/07.(de) (Entered: 06/12/2007)

June 12, 2007
82

Agreed MOTION for Extension of Time to File Response to Amended Complaint by Secretary of Florida Department of Children & Family Services, Secretary of the Florida Department of Health, Secretary of the Florida Agency for Health Care Administration (AHCA). (Attachments: # 1 Text of Proposed Order)(Daniel, Stephanie) (Entered: 06/13/2007)

June 13, 2007
83

AMENDED ORDER SETTING SCHEDULE: Jury Trial set for 6/29/2009 before Judge Adalberto Jordan. Calendar Call set for 6/23/2009 09:00 AM before Judge Adalberto Jordan.ORDER REFERRING CASE to Mediation. ORDER REFERRING CERTAIN MOTIONS TO Magistrate Judge Edwin G. Torres. Signed by Judge Adalberto Jordan on 6/13/07.(de) (Entered: 06/14/2007)

June 13, 2007
84

SECOND AMENDED ORDER SETTING SCHEDULE: Jury Trial set for 6/22/2009 before Judge Adalberto Jordan. Calendar Call set for 6/16/2009 09:00 AM before Judge Adalberto Jordan.ORDER REQUIRING MEDIATION. ORDER REFERRING CCERTAIN MOTIONS to Magistrate Judge Edwin G. Torres. Signed by Judge Adalberto Jordan on 6/14/07.(de) (Entered: 06/14/2007)

June 14, 2007
85

ORDER Granting 78 Motion for Leave to Proceed Anonymously.Signed by Judge Adalberto Jordan on 6/14/07. (de) (Entered: 06/14/2007)

June 14, 2007
86

ORDER granting 78 Unopposed MOTION for Leave to Appear Pseudonymously filed by N. A., Signed by Judge Adalberto Jordan on 6/14/07.(hd) (Entered: 06/15/2007)

June 14, 2007
87

Partial ANSWER to Amended Complaint by All Defendants.(Daniel, Stephanie) (Entered: 07/05/2007)

July 5, 2007
88

Defendant's MOTION to Dismiss 77 Amended Complaint as to Count III Only by All Defendants. Responses due by 7/19/2007 (Daniel, Stephanie) (Entered: 07/05/2007)

July 5, 2007
89

RESPONSE to Motion re 88 Defendant's MOTION to Dismiss 77 Amended Complaint as to Count III Only filed by All Plaintiffs. Replies due by 7/13/2007. (Attachments: # 1 Text of Proposed Order Proposed Order on Partial Motion to Dismiss Count III of the Amended Complaint)(Goldfarb, Carl) (Entered: 07/06/2007)

July 6, 2007
90

REPORT REGARDING JOINT REPORT REGARDING MEDIATION by All Plaintiffs. (Attachments: # 1 Text of Proposed Order [PROP] ORDER SCHEDULING MEDIATION)(Goldfarb, Carl) (Entered: 07/16/2007)

July 16, 2007
91

Notice of Mediation Hearing: Mediation Hearing set for 1/11/2008 10:00 AM, Edward B. Davis added as Mediator. (originally filed as 90 )(de) (Entered: 07/17/2007)

July 16, 2007
92

Notice of Docket Correction: Incorrect event selected; originally filed as 90 Report Regarding; redocketed correctly as 91 Notice of Mediation Hearing. Notice of Instruction to Filer: In the future select Notice of Mediation Hearing found under Mediation Documents and add Mediator as party to case. (de) (Entered: 07/17/2007)

July 17, 2007
93

Plaintiff's MOTION to Certify Class and Memorandum in Support Thereof by All Plaintiffs. Responses due by 10/5/2007 (Attachments: # 1 Exhibit 1# 2 Exhibit 2)(Goldfarb, Carl) (Entered: 09/21/2007)

Sept. 21, 2007
94

MOTION for Extension of Time to File Response as to 93 Plaintiff's MOTION to Certify Class and Memorandum in Support Thereof by All Defendants. (Daniel, Stephanie) (Entered: 10/03/2007)

Oct. 3, 2007
96

Unopposed MOTION for Extension of Time to File Response as to 93 Plaintiff's MOTION to Certify Class and Memorandum in Support Thereof by All Defendants. (Martin, Paul) (Entered: 10/12/2007)

Oct. 12, 2007
97

ORDER granting 52 Motion for Extension of Time to File, granting 82 Motion for Extension of Time to file response.Signed by Judge Adalberto Jordan on 10/17/07. (lk) (Entered: 10/17/2007)

Oct. 17, 2007

State / Territory: Florida

Case Type(s):

Public Benefits/Government Services

Key Dates

Filing Date: Nov. 28, 2005

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

The Florida Pediatric Society, the Florida Chapter of the American Academy of Pediatrics, the Florida Academy of Pediatric Dentistry, Inc., and certain named individual children who were eligible to receive medical and dental care through Medicaid.

Plaintiff Type(s):

Non-profit NON-religious organization

Private Plaintiff

Attorney Organizations:

Public Interest Law Center (PILCOP)

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Florida Agency for Health Care Administration, State

Florida Department of Health , State

Florida Department of Children and Family Se rvices ;, State

Defendant Type(s):

Hospital/Health Department

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

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

Attorneys fees

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $12,000,000

Order Duration: 2016 - 2022

Issues

General:

Government Services

Payment for care

Benefit Source:

Medicaid