Case: Carr v. Becerra

COMPLAINT against Xavier Becerra ( Filing fee $402 receipt number ACTDC-7022208.), filed by Deborah Carr, Brenda Moore, Mary Ellen Wilson. (Attachments: # 1 Civil Cover Sheet, # 2 Civil Cover Sheet Attachment)(Toubman, Sheldon) Modified on 8/3/2022 to correct parties (Hushin, Z.). (Entered: 08/03/2022)

1 Civil Cover Sheet

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2 Civil Cover Sheet Attachment

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Request for Clerk to issue summons as to Xavier Becerra. (Toubman, Sheldon) Modified on 8/3/2022 to correct party (Hushin, Z.).

Judge Michael P. Shea added. (Hushin, Z.)

ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *Xavier Becerra * with answer to complaint due within *60* days. Attorney *Sheldon V. Toubman* *Disability Rights Connecticut* *846 Wethersfield Avenue* *Hartford, CT 06114*. (Hushin, Z.) (Entered: 08/03/2022)

Emergency MOTION for Temporary Restraining Order and Preliminary Injunction by Deborah Carr, Brenda Moore, Mary Ellen Wilson. (Attachments: # 1 Memorandum in Support Memo in support of Motion for TRO/PI, # 2 Affidavit Declaration of Plaintiff Carr, # 3 Affidavit Declaration of Plaintiff Moore, # 4 Affidavit Declaration of Plaintiff Wilson, # 5 Affidavit Declaration of Atty. Toubman, # 6 Text of Proposed Order Proposed TRO)(Toubman, Sheldon). Added MOTION for Preliminary Injunction on 8/4/2022 (Hushin, Z.). (Entered: 08/03/2022)

1 Memorandum in Support Memo in support of Motion for TRO/PI

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2 Affidavit Declaration of Plaintiff Carr

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3 Affidavit Declaration of Plaintiff Moore

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4 Affidavit Declaration of Plaintiff Wilson

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5 Affidavit Declaration of Atty. Toubman

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6 Text of Proposed Order Proposed TRO

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Order on Pretrial Deadlines: Amended Pleadings due by 10/2/2022. Discovery due by 2/2/2023. Dispositive Motions due by 3/9/2023. Signed by Clerk on 08/03/2022. (Peterson, M) (Entered: 08/04/2022)

ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Michael P. Shea on 08/03/2022. (Peterson, M) (Entered: 08/04/2022)

STANDING PROTECTIVE ORDER Signed by Judge Michael P. Shea on 08/03/2022. (Peterson, M) (Entered: 08/04/2022)

Request to Issue Summons

Add and Terminate Judges

NOTICE TO COUNSEL/SELF-REPRESENTED PARTIES : Counsel or self-represented parties initiating or removing this action are responsible for serving all parties with attached documents and copies of 5 Electronic Filing Order, 2 Electronic Summons Issued, 4 Order on Pretrial Deadlines, 3 Emergency MOTION for Temporary Restraining Order and Preliminary Injunction filed by Mary Ellen Wilson, Deborah Carr, Brenda Moore, 6 Protective Order, 1 Complaint, filed by Deborah Carr Signed by Clerk on 08/04/2022. (Peterson, M) (Entered: 08/04/2022)

ORDER: Plaintiffs shall serve a copy of the complaint, motion for temporary restraining order and supporting papers, and a copy of this order on the United States Attorney as well as on Assistant U.S. Attorneys Michelle McConaghy and David Nelson (Chief and Deputy Chief of the Civil Division, respectively) and on the Federal Programs Branch of the Civil Division in Washington, D.C., on or before 3pm on Friday, August 5, 2022, by (1) overnight, certified mail, and (2) email. Plaintiffs shall file proof of such service on the docket no later than 5pm on August 5. The Court will hold a telephonic status conference to discuss the motion for TRO at 2pm on August 8, 2022. Chambers will provide dial-in information. Signed by Judge Michael P. Shea on 8/4/2022. (Wong, Qing Wai) (Entered: 08/04/2022)

NOTICE of Appearance by Michelle Lynn McConaghy on behalf of Xavier Becerra (McConaghy, Michelle) (Entered: 08/04/2022)

Set Deadlines/Hearings: Telephonic Status Conference set for 8/8/2022 at 02:00 PM before Judge Michael P. Shea (Johnson, D.)

Order

Set Deadlines/Hearings

MOTION for Attorney(s) Jane Perkins to be Admitted Pro Hac Vice (paid $200 PHV fee; receipt number ACTDC-7025179) by Deborah Carr, Brenda Moore, Mary Ellen Wilson. (Attachments: # 1 Affidavit Declaration of Attorney with Cert. of Good Standing)(Toubman, Sheldon) (Entered: 08/05/2022)

MOTION for Attorney(s) Miriam Delaney Heard to be Admitted Pro Hac Vice (paid $200 PHV fee; receipt number ACTDC-7025216) by Deborah Carr, Brenda Moore, Mary Ellen Wilson. (Attachments: # 1 Affidavit Declaration of Attorney with Cert. of Good Standing)(Toubman, Sheldon) (Entered: 08/05/2022)

MOTION for Attorney(s) Carol Wong to be Admitted Pro Hac Vice (paid $200 PHV fee; receipt number ACTDC-7025248) by Deborah Carr, Brenda Moore, Mary Ellen Wilson. (Attachments: # 1 Affidavit Declaration of Attorney with Cert. of Good Standing)(Toubman, Sheldon) (Entered: 08/05/2022)

MOTION for Attorney(s) Regan Bailey to be Admitted Pro Hac Vice (paid $200 PHV fee; receipt number ACTDC-7025264) by Deborah Carr, Brenda Moore, Mary Ellen Wilson. (Attachments: # 1 Affidavit Declaration of Attorney with Cert. of Good Standing)(Toubman, Sheldon) (Entered: 08/05/2022)

MOTION for Attorney(s) Deborah Dorfman to be Admitted Pro Hac Vice (paid $200 PHV fee; receipt number ACTDC-7025276) by Deborah Carr, Brenda Moore, Mary Ellen Wilson. (Attachments: # 1 Affidavit Declaration of Attorney with Cert. of Good Standing)(Toubman, Sheldon) (Entered: 08/05/2022)

MOTION for Attorney(s) Harvey Reiter to be Admitted Pro Hac Vice (paid $200 PHV fee; receipt number ACTDC-7025285) by Deborah Carr, Brenda Moore, Mary Ellen Wilson. (Attachments: # 1 Affidavit Declaration of Attorney)(Toubman, Sheldon) (Entered: 08/05/2022)

AFFIDAVIT of Service for Complaint, TRO/PI Motion and Supporting Documents, 8/4/22 Court Order re TRO Motion were served on Attorneys Michelle McConaghy, David Nelson, John Larson, Alex Haas on 8/4/22, filed by Deborah Carr, Brenda Moore, Mary Ellen Wilson. (Attachments: # 1 Supplement Certificate of Service)(Toubman, Sheldon) (Entered: 08/05/2022)

NOTICE of Appearance by Madeline McMahon on behalf of Xavier Becerra (McMahon, Madeline) (Entered: 08/08/2022)

Minute Entry for proceedings held before Judge Michael P. Shea: Telephonic Status Conference held on 8/8/2022. 38 minutes(Court Reporter J. Monette.) (Johnson, D.) (Entered: 08/08/2022)

ORDER: As set forth on the record during today's conference, and consented to by the parties, by close of business today the defendant shall file on the docket a summary of its position as to the enforcement of 42 C.F.R. § 433.400(c)(2)(i)(B) as to Ms. Moore and Ms. Carr and what it has communicated to the State of Connecticut as to the same. The defendant's opposition to the plaintiffs' motion for preliminary injunction shall be filed by 9/8/22. The plaintiffs' reply brief shall be filed by 9/19. The Court will hold an evidentiary hearing on the plaintiffs' motion for preliminary injunction on 9/27 at 9:30 am in Courtroom 3. To the extent necessary, the hearing will continue to 9/28. Prior to 9/20, the parties shall confer regarding witnesses and exhibits for the hearing. By 5:00 PM on 9/20, the parties shall jointly file their witness and exhibit lists, and they shall indicate any objections the parties have to witnesses or exhibits. By noon on 9/22, the parties shall deliver to chambers two courtesy copies of all exhibits, each placed in a three-ring binder with a copy of the exhibit list at the front of the binder and each exhibit separately tabbed. The parties shall deliver the original set of exhibits along with an exhibit list to the Courtroom Deputy. Signed by Judge Michael P. Shea on 8/8/22. (Constantine, A.) (Entered: 08/08/2022)

NOTICE by Xavier Becerra (McMahon, Madeline) (Entered: 08/08/2022)

Set Deadlines as to 3 Emergency MOTION for Temporary Restraining Order and Preliminary Injunction MOTION for Preliminary Injunction. Responses due by 9/8/2022; Reply brief due by 9/19/2022 (Johnson, D.)

NOTICE of Evidentiary Hearing on Motion re: 3 Emergency MOTION for Temporary Restraining Order and Preliminary Injunction MOTION for Preliminary Injunction. ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. Motion Hearing set for 9/27/2022 09:30 AM in Courtroom Three, 450 Main St., Hartford, CT before Judge Michael P. Shea Signed by Judge Michael P. Shea on 8/8/22.(Johnson, D.) (Entered: 08/11/2022)

Status Conference

Order

ORDER: The motion (ECF No. 10 ) is DENIED for failure to comply with Local Rule 83.1(d)(1)(a) ("The motion shall be accompanied by an affidavit, duly sworn and executed by the proposed visiting attorney stating the proposed visiting attorney's... fax number...") and Rule 83.1(d)(1)(b) ("The motion shall be accompanied by an affidavit, duly sworn and executed by the proposed visiting attorney: identifying the bar of each court of which said attorney is and has ever been a member, and the corresponding bar identification number(s); or if no such numbers have been assigned, so stating."). The motion can be re-filed in accordance with the Local Rule. Signed by Judge Michael P. Shea on 8/9/22. (Constantine, A.) (Entered: 08/09/2022)

ORDER : The motion (ECF No. 11 ) is DENIED for failure to comply with Local Rule 83.1(d)(1)(a) ("The motion shall be accompanied by an affidavit, duly sworn and executed by the proposed visiting attorney stating the proposed visiting attorney's... fax number...") and Rule 83.1(d)(1)(b) ("The motion shall be accompanied by an affidavit, duly sworn and executed by the proposed visiting attorney: identifying the bar of each court of which said attorney is and has ever been a member, and the corresponding bar identification number(s); or if no such numbers have been assigned, so stating."). The motion can be re-filed in accordance with the Local Rule. Signed by Judge Michael P. Shea on 8/9/22. (Constantine, A.) (Entered: 08/09/2022)

ORDER: The motion (ECF No. 12 ) is DENIED for failure to comply with Local Rule 83.1(d)(1)(a) ("The motion shall be accompanied by an affidavit, duly sworn and executed by the proposed visiting attorney stating the proposed visiting attorney's... fax number...") and Rule 83.1(d)(1)(b) ("The motion shall be accompanied by an affidavit, duly sworn and executed by the proposed visiting attorney: identifying the bar of each court of which said attorney is and has ever been a member, and the corresponding bar identification number(s); or if no such numbers have been assigned, so stating."). The motion can be re-filed in accordance with the Local Rule. Signed by Judge Michael P. Shea on 8/9/22. (Constantine, A.) (Entered: 08/09/2022)

ORDER: The motion (ECF No. 13 ) is DENIED for failure to comply with Local Rule 83.1(d)(1)(a) ("The motion shall be accompanied by an affidavit, duly sworn and executed by the proposed visiting attorney stating the proposed visiting attorney's... telephone number...") and Rule 83.1(d)(1)(b) ("The motion shall be accompanied by an affidavit, duly sworn and executed by the proposed visiting attorney: identifying the bar of each court of which said attorney is and has ever been a member, and the corresponding bar identification number(s); or if no such numbers have been assigned, so stating."). The motion can be re-filed in accordance with the Local Rule. Signed by Judge Michael P. Shea on 8/9/22. (Constantine, A.) (Entered: 08/09/2022)

ORDER: The motion (ECF No. 14 ) is DENIED for failure to comply with Local Rule 83.1(d)(1)(b) ("The motion shall be accompanied by an affidavit, duly sworn and executed by the proposed visiting attorney: identifying the bar of each court of which said attorney is and has ever been a member, and the corresponding bar identification number(s); or if no such numbers have been assigned, so stating."). The motion can be re-filed in accordance with the Local Rule. Signed by Judge Michael P. Shea on 8/9/22. (Constantine, A.) (Entered: 08/09/2022)

ORDER: The motion (ECF No. 15 ) is DENIED for failure to comply with Local Rule 83.1(d)(1)(b) ("The motion shall be accompanied by an affidavit, duly sworn and executed by the proposed visiting attorney: identifying the bar of each court of which said attorney is and has ever been a member, and the corresponding bar identification number(s); or if no such numbers have been assigned, so stating."). The motion can be re-filed in accordance with the Local Rule. Signed by Judge Michael P. Shea on 8/9/22. (Constantine, A.) (Entered: 08/09/2022)

Order on Motion for Admission Pro Hac Vice

Set Motion and Rcmd Ruling Deadlines/Hearings

Notice of Hearing on Motion

MOTION for Attorney(s) Deborah Dorfman to be Admitted Pro Hac Vice by Deborah Carr, Brenda Moore, Mary Ellen Wilson. (Attachments: # 1 Affidavit Declaration of Attorney with Cert. of Good Standing)(Toubman, Sheldon) (Entered: 08/15/2022)

MOTION for Attorney(s) Jane Perkins to be Admitted Pro Hac Vice by Deborah Carr, Brenda Moore, Mary Ellen Wilson. (Attachments: # 1 Affidavit Declaration of Attorney with Cert. of Good Standing)(Toubman, Sheldon) (Entered: 08/15/2022)

MOTION for Attorney(s) Miriam Delaney Heard to be Admitted Pro Hac Vice by Deborah Carr, Brenda Moore, Mary Ellen Wilson. (Attachments: # 1 Affidavit Declaration of Attorney with Cert. of Good Standing)(Toubman, Sheldon) (Entered: 08/15/2022)

MOTION for Attorney(s) Carol Wong to be Admitted Pro Hac Vice by Deborah Carr, Brenda Moore, Mary Ellen Wilson. (Attachments: # 1 Affidavit Declaration of Attorney with Cert. of Good Standing)(Toubman, Sheldon) (Entered: 08/15/2022)

MOTION for Attorney(s) Harvey Reiter to be Admitted Pro Hac Vice by Deborah Carr, Brenda Moore, Mary Ellen Wilson. (Attachments: # 1 Affidavit Declaration of Attorney)(Toubman, Sheldon) (Entered: 08/15/2022)

MOTION for Attorney(s) Regan Bailey to be Admitted Pro Hac Vice by Deborah Carr, Brenda Moore, Mary Ellen Wilson. (Attachments: # 1 Affidavit Declaration of Attorney with Cert. of Good Standing)(Toubman, Sheldon) (Entered: 08/15/2022)

ORDER granting 28 MOTION for Attorney Deborah Dorfman to be Admitted Pro Hac Vice; granting 29 MOTION for Attorney Jane Perkins to be Admitted Pro Hac Vice; granting 30 MOTION for Attorney Miriam Delaney Heard to be Admitted Pro Hac Vice; granting 31 MOTION for Attorney Carol Wong to be Admitted Pro Hac Vice; granting 33 MOTION for Attorney Regan Bailey to be Admitted Pro Hac Vice. Signed by Clerk on 08/16/2022. (Peterson, M) (Entered: 08/16/2022)

ORDER granting 32 MOTION for Attorney Harvey Reiter to be Admitted Pro Hac Vice. Certificate of Good Standing due by 10/15/2022. Signed by Clerk on 08/16/2022. (Peterson, M) (Entered: 08/16/2022)

NOTICE of Appearance by Carol Wong on behalf of Deborah Carr, Brenda Moore, Mary Ellen Wilson (Wong, Carol) (Entered: 08/16/2022)

CERTIFICATE OF GOOD STANDING re 32 MOTION for Attorney(s) Harvey Reiter to be Admitted Pro Hac Vice by Deborah Carr, Brenda Moore, Mary Ellen Wilson. (Toubman, Sheldon) (Entered: 08/16/2022)

Order on Motion for Admission Pro Hac Vice AND Order on Motion for Admission Pro Hac Vice AND Order on Motion for Admission Pro Hac Vice AND Order on Motion for Admission Pro Hac Vice AND Order on Motion for Admission Pro Hac Vice

Order on Motion for Admission Pro Hac Vice

NOTICE of Appearance by Harvey Reiter on behalf of Deborah Carr, Brenda Moore, Mary Ellen Wilson (Reiter, Harvey) (Entered: 08/17/2022)

NOTICE of Appearance by Deborah Alyse Dorfman on behalf of Deborah Carr, Brenda Moore, Mary Ellen Wilson (Dorfman, Deborah) (Entered: 08/17/2022)

NOTICE of Appearance by Miriam Heard on behalf of Deborah Carr, Brenda Moore, Mary Ellen Wilson (Heard, Miriam) (Entered: 08/18/2022)

NOTICE of Appearance by Martha Jane Perkins on behalf of Deborah Carr, Brenda Moore, Mary Ellen Wilson (Perkins, Martha) (Entered: 08/18/2022)

NOTICE of Appearance by Regan Bailey on behalf of Deborah Carr, Brenda Moore, Mary Ellen Wilson (Bailey, Regan) (Entered: 08/19/2022)

AMENDED COMPLAINT CLASS ACTION against Xavier Becerra, filed by Brenda Moore, Deborah Carr, Mary Ellen Wilson, Mary Shaw, Carol Katz.(Toubman, Sheldon) (Entered: 08/26/2022)

MOTION to Certify Class of Plaintiffs Nationwide by Deborah Carr, Carol Katz, Brenda Moore, Mary Shaw, Mary Ellen Wilson.Responses due by 9/16/2022 (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order, # 3 Affidavit Declaration of Plaintiff Shaw, # 4 Affidavit Declaration of Plaintiff Katz, # 5 Affidavit Declaration of Atty. Toubman)(Toubman, Sheldon) (Entered: 08/26/2022)

Memorandum in Opposition re 3 Emergency MOTION for Temporary Restraining Order and Preliminary Injunction MOTION for Preliminary Injunction filed by Xavier Becerra. (McMahon, Madeline) (Entered: 09/08/2022)

NOTICE of Hearing on Motion re: 3 Emergency MOTION for Temporary Restraining Order and Preliminary Injunction MOTION for Preliminary Injunction, 44 MOTION to Certify Class of Plaintiffs Nationwide. ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. Motion Hearing set for 12/2/2022, 12/5/22, 12/6/22 at 09:00 AM in Courtroom Three, 450 Main St., Hartford, CT before Judge Michael P. Shea. Signed by Judge Michael P. Shea on 9/9/22.(Johnson, D.) (Entered: 09/12/2022)

ORDER: Because of the Court's trial schedule, including a currently ongoing trial that is taking longer than expected, and the Court's other commitments, it is necessary to postpone the hearing on the plaintiffs' motion for preliminary injunction. In addition, the Court notes that the plaintiffs recently filed a motion for class certification and finds that it would be in the interest of judicial economy to consolidate the hearing on that motion with the hearing on the motion for preliminary injunction. Further, a continuance of both hearings will give the parties an opportunity to conduct at least limited discovery prior to the hearing, which should enable the parties to conduct a more efficient and informative hearing. Accordingly, the Court hereby vacates its order (ECF No. 19 ) scheduling the hearing on the preliminary injunction motion for September 27 and 28, 2022, and schedules a consolidated hearing on the motions for preliminary injunction and class certification for December 2, 5, and 6, 2022. Proceedings will begin at 9am and conclude at 4pm. If the parties, after meeting and conferring, believe that the hearing is likely to be be concluded in two days, they shall filed a notice on the docket so indicating at least 14 days before the hearing. In that case, the Court will hold the hearing on December 5 and 6, 2022. The parties shall exchange exhibit and witness lists no later than 7 days before the hearing. They shall file such lists, with any objections noted by the adverse party and the legal grounds for such objections, on the docket three days before the hearing. They shall also each deliver to chambers two sets of exhibits in a three ring binder for the Court and the law clerk. The Court encourages the parties to work together to conduct any necessary discovery before the hearing. Signed by Judge Michael P. Shea on 9/10/22. (Constantine, A.) (Entered: 09/10/2022)

Order

MOTION for Extension of Time until September 26, 2022 to file Memorandum in Opposition to Plaintiffs' Motion for Class Certification by Xavier Becerra. (McMahon, Madeline) (Entered: 09/12/2022)

Notice of Hearing on Motion

MOTION Modification of Scheduling re: Hearing re 46 Order,,,,,,, by Deborah Carr, Carol Katz, Brenda Moore, Mary Shaw, Mary Ellen Wilson.Responses due by 10/5/2022 (Toubman, Sheldon) (Entered: 09/14/2022)

ORDER: The defendant's motion (ECF No. 48 ) for an extension of time until September 26, 2022 in which to file its opposition to the plaintiffs' motion (ECF No. 44 ) for class certification is granted. Signed by Judge Michael P. Shea on 9/15/22. (Constantine, A.) (Entered: 09/15/2022)

Set Deadlines as to 44 MOTION to Certify Class of Plaintiffs Nationwide. opposition due by 9/26/2022 (Johnson, D.)

Order on Motion for Extension of Time

ORDER: A telephonic status conference is scheduled for Tuesday, September 20, 2022 at 3:30 pm. Chambers will email the dial in information to counsel. Signed by Judge Michael P. Shea on 9/16/22.(Constantine, A.) (Entered: 09/16/2022)

ORDER: The time of the telephonic conference on September 20, 2022 is changed to 2 pm. Signed by Judge Michael P. Shea on 9/16/22. (Constantine, A.) (Entered: 09/16/2022)

Set Deadlines/Hearings: Telephonic Status Conference set for 9/20/2022 at 02:00 PM before Judge Michael P. Shea (Johnson, D.)

Order

REPLY to Response to 3 Emergency MOTION for Temporary Restraining Order and Preliminary Injunction MOTION for Preliminary Injunction filed by Deborah Carr, Carol Katz, Brenda Moore, Mary Shaw, Mary Ellen Wilson. (Attachments: # 1 Affidavit Declaration of Attorney)(Toubman, Sheldon) (Entered: 09/19/2022)

Second AFFIDAVIT re 44 MOTION to Certify Class of Plaintiffs Nationwide Signed By Sheldon V. Toubman filed by Deborah Carr, Carol Katz, Brenda Moore, Mary Shaw, Mary Ellen Wilson. (Toubman, Sheldon) (Entered: 09/19/2022)

Set Deadlines/Hearings

Set Motion and Rcmd Ruling Deadlines/Hearings

Minute Entry for proceedings held before Judge Michael P. Shea: Telephonic Status Conference held on 9/20/2022. 27 minutes(Court Reporter J. Monette.) (Johnson, D.) (Entered: 09/20/2022)

Status Conference

ORDER: For the reasons discussed during today's conference call, the hearing scheduled for December 2, 5, and 6, 2022 shall now be held only on December 5, 2022. Signed by Judge Michael P. Shea on 9/21/22. (Constantine, A.) (Entered: 09/21/2022)

Order

Emergency MOTION Referral to U.S. Magistrate Judge re 47 Notice of Hearing on Motion,, 49 MOTION Modification of Scheduling re: Hearing re 46 Order,,,,,,,, 46 Order,,,,,,, by Deborah Carr, Carol Katz, Brenda Moore, Mary Shaw, Mary Ellen Wilson.Responses due by 10/14/2022 (Toubman, Sheldon) (Entered: 09/23/2022)

Memorandum in Opposition re 44 MOTION to Certify Class of Plaintiffs Nationwide filed by Xavier Becerra. (McMahon, Madeline) (Entered: 09/26/2022)

ORDER: The emergency motion for referral to a U.S. Magistrate Judge (ECF No. 57) and motion for modification of scheduling order (ECF No. 49) are DENIED, and the Emergency Motion for Temporary Restraining Order and Preliminary Injunction (ECF No. 3) -- but NOT the motion for class certification (ECF No. 44) -- is hereby referred for adjudication to United States District Judge Omar A. Williams, who is acting as duty judge in the Hartford seat of Court for the month of October. Shortly after this case was filed, this Court held a telephonic status conference on August 8, 2022, to discuss the motion for temporary restraining order and preliminary injunction. (See ECF Nos. 18 and 19.) At that conference, Defendant's counsel stated, and confirmed in a notice filed after the conference (ECF No. 20), that the Defendant would inform the State of Connecticut that the Defendant would not enforce the challenged Interim Final Rule with respect to the two plaintiffs who were then seeking injunctive relief "until at least 15 days after the Court resolves the motion for preliminary injunction." (ECF No. 20.) At the time, there were a total of three plaintiffs, all Connecticut residents. On August 26, 2022, however, the plaintiffs filed an amended class action complaint adding two more plaintiffs, one a resident of Nebraska and the other a resident of Delaware, and also sought, for the first time, to represent a nationwide class of similarly situated persons. (On the same day, plaintiffs filed a motion to certify the class, which is not yet fully briefed.) At a status conference held on September 20, 2022, the undersigned informed counsel that his trial schedule -- including a murder trial and two long-scheduled and large civil trials, as well as a September trial that took longer than expected -- would not permit the undersigned to devote the attention needed to these motions until at least December 5, and even then that the undersigned could not realistically finalize a ruling (or rulings) until January, 2023. Because Plaintiffs' counsel indicated that urgent action was needed on the motion for temporary restraining order and preliminary injunction, including for the two new plaintiffs who reside outside Connecticut (see, e.g., ECF No. 49 at 2-3), the Court offered the parties two alternative options: (1) consenting to the jurisdiction of a U.S. Magistrate Judge for purposes of the entire case, which, as the Court informed counsel, would likely result in a more expeditious disposition than the undersigned could manage in light of his trial schedule; and (2) the undersigned's referring this case to a U.S. Magistrate Judge for a recommended ruling on pending motions. The undersigned informed the parties that, with regard to option #1, they were not required to consent, and that option #2, though it might save some time by sparing the undersigned the need to conduct a hearing and providing the undersigned with recommendations, was not ideal from the standpoint of judicial economy and might not result in a final ruling significantly sooner than the undersigned's own schedule would permit. Thereafter, the Defendant indicated that he would not consent to the jurisdiction of a Magistrate Judge. Upon further reflection, and after checking with the duty judge for the month of October, Judge Omar A. Williams, the undersigned has determined that the most efficient way to handle this case under these unusual circumstances -- and the one with the highest likelihood of securing an expeditious disposition on the pending motion for temporary restraining order and preliminary injunction -- is to refer that motion, and that motion alone, to Judge Williams for decision. That motion, if it has merit, is the most urgent matter pending in the case, and the Court's duty judge system is designed to offer an alternative for handling urgent matters -- but only urgent matters -- when the presiding district judge is unavailable on an urgent basis, as is the case here. Although the undersigned previously found that it would be in the interest of judicial economy to consolidate the hearing on the motion for preliminary injunction with a hearing on the motion for class certification, the undersigned has reconsidered that determination. While the plaintiffs have suggested that all class members are facing the same irreparable harm, that remains to be seen, and the motion for class certification does not attach any evidence from prospective class members (other than the named plaintiffs themselves) showing that their current situations evince irreparable harm; this point is salient because the Interim Final Rule being challenged was adopted almost two years ago, and the declarations filed by the named plaintiffs suggest that the rule may have had different impacts on them at different times (to the extent it caused the States involved to send the notices described in the declarations). While that does not necessarily mean that all prospective class members cannot show irreparable harm, it likely does mean that there would need to be some showing to that effect for the Court to grant injunctive relief on a class-wide basis. For all these reasons, the Court will not refer the motion for class certification to Judge Williams at this time but will keep the December 5 hearing date in place to entertain argument on that motion. The undersigned thanks Judge Williams for stepping in to the handle the motion for injunctive relief with respect to the named plaintiffs. Signed by Judge Michael P. Shea on 9/29/2022. (Davis, Christina) (Entered: 09/29/2022)

Order on Motion for Miscellaneous Relief AND Order on Motion for Miscellaneous Relief

ORDER. A hearing on the Emergency Motion for Temporary Restraining Order and Preliminary Injunction (ECF No. 3 ) will be held on October 26, 2022 at 10:00 A.M.. The parties shall exchange exhibit and witness lists no later than 7 days before the hearing. Three days before the hearing, they shall file on the docket such exhibit and witness lists, along with any objections noted by the adverse party (and the legal grounds therefor). Also, each party shall deliver to chambers two sets of exhibits in a three ring binder, for the court and for the law clerk. Signed by Judge Omar A. Williams on 10/4/2022. (Mamillapalli, S.). (Entered: 10/04/2022)

NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE. ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. Preliminary Injunction Hearing set for 10/26/2022 at 10:00 AM in North Courtroom, 450 Main St., Hartford, CT before Judge Omar A. Williams. (Mamillapalli, S.). Modified on 10/4/2022 to edit date (Peterson, M). (Entered: 10/04/2022)

Docket Entry Correction re 61 Calendar Entry: Amended date of Preliminary Injunction Hearing to 10/26/2022 at 10:00 AM. (Peterson, M) (Entered: 10/04/2022)

Order

Calendar Entry

Docket Annotation

MOTION for Extension of Time to Respond to Amended Complaint by Xavier Becerra. (McMahon, Madeline) (Entered: 10/06/2022)

OBJECTION re 63 MOTION for Extension of Time to Respond to Amended Complaint filed by Deborah Carr, Carol Katz, Brenda Moore, Mary Shaw, Mary Ellen Wilson. (Toubman, Sheldon) (Entered: 10/07/2022)

REPLY to Response to 44 MOTION to Certify Class of Plaintiffs Nationwide filed by Deborah Carr, Carol Katz, Brenda Moore, Mary Shaw, Mary Ellen Wilson. (Toubman, Sheldon) (Entered: 10/11/2022)

MOTION Permission for Remote Testimony/Participation at 10/26/22 Preliminary Injunction Hearing re 60 Order,, 3 Emergency MOTION for Temporary Restraining Order and Preliminary Injunction MOTION for Preliminary Injunction by Deborah Carr, Carol Katz, Brenda Moore, Mary Shaw, Mary Ellen Wilson.Responses due by 11/4/2022 (Toubman, Sheldon) (Entered: 10/14/2022)

ORDER granting ECF No. 66, Motion for Permission for Remote Testimony. The court will arrange for the preliminary injunction hearing to be conducted in person and by Zoom (any party who prefers to participate remotely may do so). With respect to accommodations, the court will enable closed captioning in the Zoom link, and the parties are encouraged to ensure that such closed captioning will be sufficient to permit all parties to participate. Any other technology requests (such as if a party wishes that the court refrain from using the Zoom closed captioning in that it would interfere with any other device or mechanism better providing such service) must be submitted to the court on or before October 21, 2022. Any party appearing remotely will be expected to provide their own technological assistance on the day of the hearing. Signed by Judge Omar A. Williams on 10/18/22. (Wagner, Rebecca) (Entered: 10/18/2022)

Order on Motion for Miscellaneous Relief

NOTICE by Deborah Carr, Carol Katz, Brenda Moore, Mary Shaw, Mary Ellen Wilson re 44 MOTION to Certify Class of Plaintiffs Nationwide, 3 Emergency MOTION for Temporary Restraining Order and Preliminary Injunction MOTION for Preliminary Injunction (Attachments: # 1 Affidavit Supplemental Declaration of Plaintiff Carol Katz w/ Exhibit)(Toubman, Sheldon) (Entered: 10/20/2022)

NOTICE by Deborah Carr, Carol Katz, Brenda Moore, Mary Shaw, Mary Ellen Wilson re 60 Order,, 3 Emergency MOTION for Temporary Restraining Order and Preliminary Injunction MOTION for Preliminary Injunction Witness & Exhibit Lists with Defendant's Objection (Toubman, Sheldon) (Entered: 10/21/2022)

NOTICE regarding hearing via Zoom: The Preliminary Injunction Hearing scheduled for 10/26/2022 at 10:00 a.m. will be conducted as a hybrid hearing. The video link is https://www.zoomgov.com /j/1615557538?pwd=QTdxMmdjak5jdlFZUDRLNkVWQTY4dz09 and the call in numbers are +1 669 254 5252 US (San Jose) and +1 646 828 7666 US (New York). Meeting ID: 161 555 7538 Meeting Password: 924650 Please note: Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, screenshots, streaming, and rebroadcasting in any form, of court proceedings. The Judicial Conference of the United States, which governs the practices of the federal courts, has prohibited it. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the court. (Velez, F.)