Case: Meza v. Marstiller

3:22-cv-00783 | U.S. District Court for the Middle District of Florida

Filed Date: July 17, 2022

Case Ongoing

Clearinghouse coding complete

Case Summary

On July 17, 2022, two low-income adults in Florida with bladder and bowel incontinence, along with Disability Rights Florida—Florida’s federally funded protection and advocacy system—filed this 42 U.S.C. § 1983 class action lawsuit in the U.S. District Court for the Middle District of Florida. The plaintiffs sought to compel the Florida Agency for Health Care Administration (AHCA) to cover medically necessary incontinence supplies through Florida’s Medicaid program for individuals who were 21 a…

On July 17, 2022, two low-income adults in Florida with bladder and bowel incontinence, along with Disability Rights Florida—Florida’s federally funded protection and advocacy system—filed this 42 U.S.C. § 1983 class action lawsuit in the U.S. District Court for the Middle District of Florida. The plaintiffs sought to compel the Florida Agency for Health Care Administration (AHCA) to cover medically necessary incontinence supplies through Florida’s Medicaid program for individuals who were 21 and older. Represented by the Florida Health Justice Project, Disability Rights Florida, and private counsel, the plaintiffs alleged violations of the Federal Medicaid Act, Title II of the Americans with Disabilities Act (ADA), and Section 504 of the Rehabilitation Act. The plaintiffs sought declaratory and injunctive relief, as well as costs and attorneys’ fees. This case was assigned to Judge Marcia Morales Howard.

That same day, the named plaintiffs moved for class certification, and one of the named plaintiffs moved for a preliminary injunction. On August 4, 2022, the named plaintiff withdrew her motion for a preliminary injunction after it was confirmed that the defendant would provide coverage of her incontinence supplies for the pendency of the case.

A bench trial was set to begin for the trial term commencing on October 2, 2023.

On March 27, 2023, the court granted the plaintiffs’ motion for class certification, certifying a class of “[a]ll Florida Medicaid recipients whose prescription for incontinence supplies has been or will be denied Medicaid coverage based on Defendant’s exclusion of those supplies for recipients aged 21 and older.”

On May 1, 2023, a joint motion was filed to substitute the mediator for this case following the August 2022 referral to mediation. Magistrate Judge Laura Lothman Lambert signed an order of recusal on May 4, 2023, and the case was reassigned to Magistrate Judge Patricia D. Barksdale. Magistrate Judge Barksdale then granted the motion requesting a new mediator, and appointed Jason O'Steen as mediator for this case. A mediation hearing was held on June 2, 2023, and the case continued. 

A bench trial was set for the trial term commencing on February 5, 2024. 

On July 20, 2023, a joint motion was filed to approve a settlement and stay litigation. A motion hearing took place on July 28. The status conference revealed that to comply with the law, some terms of the settlement agreement would need to be modified. The Florida AHCA did not agree to the modifications, and asked the plaintiffs for a stay of litigation while the AHCA conducts rulemaking to adopt an administrative rule. The plaintiffs believed this would not be in the best interests of the class members, and opposed a stay. Because the parties were no longer in agreement, this motion was denied without prejudice on August 4, 2023. 

The plaintiffs filed a motion for summary judgment on August 9, 2023, and a joint motion was filed on August 16 requesting a settlement conference. The AHCA also requested an extension of time to respond to the motion for summary judgment. The settlement conference took place on September 21, and was continued to September 26. On September 26, Magistrate Judge Barksdale further continued the conference and extended the deadlines to file dispositive and Daubert motions, respond to the summary judgment motion, and respond to the motion for an extension of time until October 20, 2023. 

As of October 10, 2023, this case was ongoing. 

Summary Authors

Saba Khan (5/19/2023)

Kyle O'Hara (10/12/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/63597704/parties/meza-v-marstiller/


Judge(s)
Attorney for Plaintiff

DeBelder, Alison Diana (Florida)

DeBriere, Katherine (Florida)

Golinker, Lewis Alan (Florida)

Attorney for Defendant

Akre, Alexandra (Florida)

Figlio, Erik (Florida)

show all people

Documents in the Clearinghouse

Document
1

3:22-cv-00783

Verified Class Action Complaint for Declaratory and Injunctive Relief

July 17, 2022

July 17, 2022

Complaint
38

3:22-cv-00783

Order

March 27, 2023

March 27, 2023

Order/Opinion

2023 WL 2023

Docket

See docket on RECAP: https://www.courtlistener.com/docket/63597704/meza-v-marstiller/

Last updated Feb. 21, 2024, 3:06 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT VERIFIED CLASS ACTION against Simone Marstiller (Filing fee $402 receipt number AFLMDC-19780374) filed by All Plaintiffs. (Attachments: # 1 Civil Cover Sheet, # 2 Proposed Summons)(DeBriere, Katherine) (Entered: 07/17/2022)

1 Civil Cover Sheet

View on PACER

2 Proposed Summons

View on PACER

July 17, 2022

July 17, 2022

Clearinghouse
2

MOTION to Certify Class by Destiny Belanger, Blanca Meza. (Attachments: # 1 Appendix, # 2 Affidavit, # 3 Affidavit, # 4 Affidavit, # 5 Affidavit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit)(DeBriere, Katherine) (Entered: 07/17/2022)

July 17, 2022

July 17, 2022

PACER
3

MOTION for Preliminary Injunction by Blanca Meza. (Attachments: # 1 Appendix, # 2 Affidavit, # 3 Exhibit, # 4 Affidavit, # 5 Affidavit, # 6 Text of Proposed Order)(DeBriere, Katherine) (Entered: 07/17/2022)

July 17, 2022

July 17, 2022

PACER
4

NEW CASE ASSIGNED to Judge Marcia Morales Howard and Magistrate Judge Laura Lothman Lambert. New case number: 3:22-cv-0783-MMH-LLL. (SJB) (Entered: 07/18/2022)

July 18, 2022

July 18, 2022

PACER
5

PROPOSED summons to be issued by Destiny Belanger, Disability Rights Florida, Inc., Blanca Meza. (DeBriere, Katherine) (Entered: 07/18/2022)

July 18, 2022

July 18, 2022

PACER

Case Assigned/Reassigned

July 18, 2022

July 18, 2022

PACER
6

NOTICE of Local Rule 3.02(a)(2), which requires the parties in every civil proceeding, except those described in subsection (d), to file a case management report (CMR) using the uniform form at www.flmd.uscourts.gov. The CMR must be filed (1) within forty days after any defendant appears in an action originating in this court, (2) within forty days after the docketing of an action removed or transferred to this court, or (3) within seventy days after service on the United States attorney in an action against the United States, its agencies or employees. Judges may have a special CMR form for certain types of cases. These forms can be found at www.flmd.uscourts.gov under the Forms tab for each judge. (Signed by Deputy Clerk). (JW) (Entered: 07/19/2022)

July 19, 2022

July 19, 2022

PACER
7

SUMMONS issued as to Simone Marstiller. (BGR) (Entered: 07/19/2022)

July 19, 2022

July 19, 2022

PACER
8

ORDER taking under advisement 3 Motion for Preliminary Injunction and directing Plaintiffs to promptly effect service of process on Defendant. See Order for details. Signed by Judge Marcia Morales Howard on 7/19/2022. (TMF) (Entered: 07/19/2022)

July 19, 2022

July 19, 2022

PACER
9

NOTICE to counsel Lewis Golinker Local Rule 2.01(c), Special Admission of Non-Resident Lawyer - File a Motion to Appear Pro Hac Vice. Co-counsel with filing rights may electronically file the motion on behalf of the non-resident lawyer or the motion may be filed on paper; Pay the Special Admission Fee; Submit a Pro Hac Vice E-File Registration through PACER. Visit www.flmd.uscourts.gov/for-lawyers for details (Signed by Deputy Clerk). (AET) (Entered: 07/19/2022)

July 19, 2022

July 19, 2022

PACER
10

NOTICE to counsel Alison DeBelder of Local Rule 2.01(a), which requires membership or special admission in the Middle District bar to practice in the Middle District, except for the limited exceptions identified in the Rule. To apply for membership in the Middle District, visit www.flmd.uscourts.gov/for-lawyers. (Signed by Deputy Clerk). (AET) (Entered: 07/19/2022)

July 19, 2022

July 19, 2022

PACER
11

PROOF of service executed on 7/19/2022 by Destiny Belanger, Disability Rights Florida, Inc., Blanca Meza as to Simone Marstiller (McGivern, Liam) (Modified on 7/20/2022, to edit text) (BGR). (Entered: 07/19/2022)

July 19, 2022

July 19, 2022

PACER
12

AMENDED PROOF of service executed on 7/19/2022 by Destiny Belanger, Disability Rights Florida, Inc., Blanca Meza as to Simone Marstiller (DeBriere, Katherine) (Modified on 7/20/2022, to edit text) (BGR). (Entered: 07/19/2022)

July 19, 2022

July 19, 2022

PACER

Notice to Counsel of Local Rule

July 19, 2022

July 19, 2022

PACER
13

NOTICE of Filing Proof of Service by Destiny Belanger, Disability Rights Florida, Inc., Blanca Meza re 8 Order Proof of Service on Defendant (Attachments: # 1 Exhibit)(DeBriere, Katherine) (Modified on 7/22/2022, to edit text) (BGR). (Entered: 07/21/2022)

July 21, 2022

July 21, 2022

PACER
14

NOTICE OF HEARING: Status Conference set for 7/26/2022 at 11:00 AM before Judge Marcia Morales Howard. The hearing will be held via Zoom. The Courtroom Deputy Clerk will separately send participants the Zoom link. (JW) (Entered: 07/25/2022)

July 25, 2022

July 25, 2022

PACER
15

NOTICE of Appearance by Alexandra Akre on behalf of Simone Marstiller (Akre, Alexandra) (Entered: 07/26/2022)

July 26, 2022

July 26, 2022

PACER
16

NOTICE of Appearance by Erik Figlio on behalf of Simone Marstiller (Figlio, Erik) (Entered: 07/26/2022)

July 26, 2022

July 26, 2022

PACER
17

Unopposed MOTION for Extension of Time to File Answer re 1 Complaint, 2 MOTION to Certify Class by Simone Marstiller. (Figlio, Erik) Motions referred to Magistrate Judge Laura Lothman Lambert. (Entered: 07/26/2022)

July 26, 2022

July 26, 2022

PACER
18

Minute Entry. Virtual Proceedings held before Judge Marcia Morales Howard: STATUS CONFERENCE held on 7/26/2022. Joint or separate proposed briefing schedules due by July 29, 2022. Another status conference is set for August 1, 2022, at 11:00 a.m. Court Reporter: Katharine Healey (JW) (Entered: 07/26/2022)

July 26, 2022

July 26, 2022

PACER
19

NOTICE OF HEARING: Status Conference set for 8/1/2022 at 11:00 AM before Judge Marcia Morales Howard. The hearing will be held via Zoom. The Courtroom Deputy Clerk will separately send participants the Zoom link. (JW) (Entered: 07/26/2022)

July 26, 2022

July 26, 2022

PACER

Notice of hearing

July 26, 2022

July 26, 2022

PACER
20

-ENDORSED ORDER granting 17 Defendant's Unopposed Motion for Extension of Time to Respond to Complaint and Plaintiffs' Motion for Class Certification. Defendant shall have up to and including September 8, 2022 to respond to the complaint, 1, and Motion for Class Certification. 2. Signed by Magistrate Judge Laura Lothman Lambert on 7/27/2022. (KAS) (Entered: 07/27/2022)

July 27, 2022

July 27, 2022

PACER

Order on Motion for Extension of Time to Answer

July 27, 2022

July 27, 2022

PACER
21

Minute Entry. Virtual Proceedings held before Judge Marcia Morales Howard: STATUS CONFERENCE held on 8/1/2022. Another status conference is set for August 8, 2022, at 3:00 p.m. Court Reporter: Katharine Healey (JW) (Entered: 08/01/2022)

Aug. 1, 2022

Aug. 1, 2022

PACER
22

NOTICE OF HEARING: Status Conference set for 8/8/2022 at 03:00 PM before Judge Marcia Morales Howard. The hearing will be held via Zoom. The Courtroom Deputy Clerk will separately send participants the Zoom link. (JW) (Entered: 08/01/2022)

Aug. 1, 2022

Aug. 1, 2022

PACER

Notice of hearing

Aug. 1, 2022

Aug. 1, 2022

PACER
23

MOTION for Lewis Alan Golinker to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-19839943 for $150 by Destiny Belanger, Disability Rights Florida, Inc., Blanca Meza. (Attachments: # 1 Certificate of Good Standing, # 2 Oath On Admission)(DeBriere, Katherine) Motions referred to Magistrate Judge Laura Lothman Lambert. (Entered: 08/02/2022)

Aug. 2, 2022

Aug. 2, 2022

PACER
24

CERTIFICATE of interested persons and corporate disclosure statement by Destiny Belanger, Disability Rights Florida, Inc., Blanca Meza. (DeBriere, Katherine) (Entered: 08/02/2022)

Aug. 2, 2022

Aug. 2, 2022

PACER
25

ORDER granting 23 Motion of Lewis Golinker for Admission Pro Hac Vice. Lewis Golinker is permitted to appear pro hac vice on behalf of the plaintiffs Blanca Mezaand Destiny Belanger. Mr. Golinker shall register with the Court's electronic case filing (ECF) system is he has not already done so. Signed by Magistrate Judge Laura Lothman Lambert on 8/4/2022. (MDC) (Entered: 08/04/2022)

Aug. 4, 2022

Aug. 4, 2022

PACER
26

NOTICE of WITHDRAWAL of motion re 3 Motion for Preliminary Injunction filed by Blanca Meza by Blanca Meza (DeBriere, Katherine) (Entered: 08/04/2022)

Aug. 4, 2022

Aug. 4, 2022

RECAP
27

NOTICE canceling status conference scheduled for August 8, 2022, at 3:00 p.m. (JW) (Entered: 08/05/2022)

Aug. 5, 2022

Aug. 5, 2022

PACER

Notice canceling hearing

Aug. 5, 2022

Aug. 5, 2022

PACER
28

CASE MANAGEMENT REPORT. (DeBriere, Katherine) (Entered: 08/25/2022)

Aug. 25, 2022

Aug. 25, 2022

PACER
29

CASE MANAGEMENT AND SCHEDULING ORDER AND REFERRAL TO MEDIATION: Discovery due by 3/7/2023. Dispositive motions due by 4/5/2023. Conduct mediation hearing by 6/5/2023. Final Pretrial Conference set for 9/18/2023 at 10:00 AM in Jacksonville Courtroom 10 B before Judge Marcia Morales Howard. Bench Trial set for trial term commencing on 10/2/2023 at 09:00 AM in Jacksonville Courtroom 10 B before Judge Marcia Morales Howard. Signed by Judge Marcia Morales Howard on 8/26/2022. (Attachments: # 1 Mediation Report Form, # 2 Court Docket)(JW) (Entered: 08/26/2022)

Aug. 26, 2022

Aug. 26, 2022

PACER
30

ANSWER and affirmative defenses to 1 Complaint, by Simone Marstiller.(Figlio, Erik) (Entered: 09/08/2022)

Sept. 8, 2022

Sept. 8, 2022

PACER
31

RESPONSE re 2 MOTION to Certify Class by Simone Marstiller. (Attachments: # 1 Exhibit A)(Figlio, Erik) (Entered: 09/08/2022)

Sept. 8, 2022

Sept. 8, 2022

PACER
32

REQUEST for oral argument re 2 MOTION to Certify Class by Simone Marstiller. (Figlio, Erik) (Entered: 09/08/2022)

Sept. 8, 2022

Sept. 8, 2022

PACER
33

MOTION for Leave to File Reply to Defendant's 31 Response to Plaintiffs' 2 Motion for Class Certification by All Plaintiffs. (DeBriere, Katherine) Modified on 9/15/2022 to edit text (AET). (Entered: 09/14/2022)

Sept. 14, 2022

Sept. 14, 2022

PACER
34

ORDER granting 33 Plaintiffs' Unopposed Motion for Leave to File Reply to Defendant's Response to Plaintiffs' Motion for Class Certification. Reply due October 6, 2022, and shall not exceed 15 pages. Signed by Judge Marcia Morales Howard on 9/16/2022. (JW) (Entered: 09/16/2022)

Sept. 16, 2022

Sept. 16, 2022

PACER
35

REPLY to Response to Motion re 2 MOTION to Certify Class filed by Destiny Belanger, Disability Rights Florida, Inc., Blanca Meza. (DeBriere, Katherine) (Entered: 10/06/2022)

Oct. 6, 2022

Oct. 6, 2022

PACER
36

Unopposed MOTION to Amend 29 Case Management Scheduling Order by Simone Marstiller. (Figlio, Erik) Motions referred to Magistrate Judge Laura Lothman Lambert. (Entered: 02/08/2023)

Feb. 8, 2023

Feb. 8, 2023

PACER
37

ORDER granting 36 Defendant's Unopposed Motion to Amend Scheduling Order. Discovery deadline is 6/7/2023. Dispositve and Daubert motions due 7/5/2023. Final pretrial conference continued to 12/18/2023, at 10:00 a.m. Bench trial set for trial term commencing on 1/2/2024, at 9:00 a.m. See Order for additional deadlines. Signed by Judge Marcia Morales Howard on 2/9/2023. (JW) (Entered: 02/09/2023)

Feb. 9, 2023

Feb. 9, 2023

PACER
38

ORDER granting 2 Motion to Certify Class. See Order for details. Signed by Judge Marcia Morales Howard on 3/27/2023. (MHM)

March 27, 2023

March 27, 2023

Clearinghouse
39

NOTICE TO COUNSEL Alexandra Akre and Erik Figlio of Local Rule 2.02(a), which states, "The first paper filed on behalf of a party must designate only one lead counsel who - unless the party changes the designation - remains lead counsel throughout the action." Counsel must file a Notice of Lead Counsel Designation identifying lead counsel. (Signed by Deputy Clerk). (AET) (Entered: 03/28/2023)

March 28, 2023

March 28, 2023

PACER

Notice to Counsel of Local Rule

March 28, 2023

March 28, 2023

PACER
40

NOTICE of Lead Counsel Designation by Erik Figlio on behalf of Simone Marstiller. Lead Counsel: Erik M. Figlio. (Figlio, Erik) (Entered: 03/28/2023)

March 28, 2023

March 28, 2023

RECAP
41

NOTICE of Appearance by Michael Sather Pajcic on behalf of Blanca Meza (Pajcic, Michael) Modified on 4/12/2023 to edit text (AET). (Entered: 04/11/2023)

April 11, 2023

April 11, 2023

PACER
42

Joint MOTION for Miscellaneous Relief, specifically to Substitute Mediator by All Plaintiffs. (DeBriere, Katherine) (Entered: 05/01/2023)

May 1, 2023

May 1, 2023

PACER
43

ORDER of recusal. Signed by Magistrate Judge Laura Lothman Lambert on 5/4/2023. (KAS) (Entered: 05/04/2023)

May 4, 2023

May 4, 2023

PACER

Case Assigned/Reassigned

May 4, 2023

May 4, 2023

PACER
44

Case Reassigned to Magistrate Judge Patricia D. Barksdale. New case number: 3:22-cv-783-MMH-PDB. Magistrate Judge Laura Lothman Lambert no longer assigned to the case. Motion(s) REFERRED: 42 Joint MOTION for Miscellaneous Relief, specifically to Substitute Mediator . Motion(s) referred to Magistrate Judge Patricia D. Barksdale. (MDC) (Entered: 05/04/2023)

May 4, 2023

May 4, 2023

PACER
45

ORDER granting 42 the motion to substitute the mediator, appointing Jason O'Steen as the new mediator, and modifying 29 the referral-to-mediation order accordingly. Signed by Magistrate Judge Patricia D. Barksdale on 5/5/2023. (VNG) (Entered: 05/05/2023)

May 5, 2023

May 5, 2023

PACER
46

NOTICE of Substitution of Counsel within Law Firm by Disability Rights Florida, Inc. (DeBelder, Alison) (Modified on 5/9/2023, to edit text) (BGR). (Entered: 05/09/2023)

May 9, 2023

May 9, 2023

PACER
47

CORRECTED NOTICE of Substitution of Counsel within Law Firm by Disability Rights Florida, Inc. re 46 Notice (DeBelder, Alison) (Modified on 5/10/2023, to edit text) (BGR). (Entered: 05/09/2023)

May 9, 2023

May 9, 2023

PACER
48

NOTICE of mediation conference/hearing to be held on June 2, 2023 at 1pm before Jason O'Steen. (DeBriere, Katherine) (Entered: 05/10/2023)

May 10, 2023

May 10, 2023

PACER
49

ORDER construing 47 the corrected notice of substitution of counsel as a motion to withdraw and denying it without prejudice to Alison DeBelder filing a motion to withdraw that complies with the Local Rules. See the order for details. Signed by Magistrate Judge Patricia D. Barksdale on 5/17/2023. (VNG) (Entered: 05/17/2023)

May 17, 2023

May 17, 2023

PACER
50

Unopposed MOTION for Alison DeBelder to Withdraw as Attorney by Disability Rights Florida, Inc.. (DeBelder, Alison) Motions referred to Magistrate Judge Patricia D. Barksdale. (Entered: 05/17/2023)

May 17, 2023

May 17, 2023

PACER
51

ORDER granting 50 the motion to withdraw, permitting Alison DeBelder to withdraw as counsel for the plaintiffs, and directing the clerk to modify the docket accordingly. Signed by Magistrate Judge Patricia D. Barksdale on 5/22/2023. (VNG) (Entered: 05/22/2023)

May 22, 2023

May 22, 2023

PACER
52

UNOPPOSED MOTION to Withdraw as Counsel by All Plaintiffs. (McGivern, Liam) Motions referred to Magistrate Judge Patricia D. Barksdale. (Modified on 5/30/2023, to edit text) (BGR). (Entered: 05/26/2023)

May 26, 2023

May 26, 2023

PACER
53

ORDER granting 52 the unopposed motion to withdraw, permitting Liam McGivern to withdraw as counsel for the plaintiffs, and directing the clerk to modify the docket accordingly. Signed by Magistrate Judge Patricia D. Barksdale on 5/30/2023. (VNG) (Entered: 05/30/2023)

May 30, 2023

May 30, 2023

PACER
54

MEDIATION report Hearing held on 6/2/2023. Hearing outcome: Continued.. (DeBriere, Katherine) (Entered: 06/09/2023)

June 9, 2023

June 9, 2023

PACER
55

Joint MOTION for Extension of Time to File Dispositive and Daubert Motions Deadline by Jason Weida. (Figlio, Erik) Motions referred to Magistrate Judge Patricia D. Barksdale. (Entered: 06/10/2023)

June 10, 2023

June 10, 2023

PACER
56

ORDER granting 55 Joint Motion to Extend Dispositive and Daubert Motions Deadline. Dispositive and Daubert motions due August 7, 2023. Final pretrial conference continued to January 22, 2024, at 10:00 a.m. Bench trial set for trial term commencing on February 5, 2024, at 9:00 a.m. See Order for additional deadlines. Signed by Judge Marcia Morales Howard on 6/12/2023. (JW) (Entered: 06/12/2023)

June 12, 2023

June 12, 2023

PACER
57

Joint MOTION to Approve Settlement Agreement and Stay Litigation by Jason Weida. (Attachments: # 1 Exhibit A - Settlement Agreement)(Figlio, Erik) Modified text on 7/21/2023 (BD). (Entered: 07/20/2023)

July 20, 2023

July 20, 2023

PACER
58

NOTICE OF HEARING on 57 Joint Motion to Approve Settlement Agreement and Stay Litigation. Motion Hearing set for 7/28/2023 at 03:00 PM before Judge Marcia Morales Howard. The hearing will be held via Zoom. The Courtroom Deputy Clerk will separately send participants the Zoom link. (JW) (Entered: 07/27/2023)

July 27, 2023

July 27, 2023

PACER
59

Minute Entry. Virtual Proceedings held before Judge Marcia Morales Howard: MOTION HEARING held on 7/28/2023 regarding 57 Joint Motion to Approve Settlement Agreement and Stay Litigation. Court Reporter: Katharine Healey (JW) (Entered: 07/31/2023)

July 28, 2023

July 28, 2023

PACER
60

NOTICE by Destiny Belanger, Blanca Meza of Readiness for Status Conference (DeBriere, Katherine) Modified on 8/4/2023 to edit docket text (AJS). (Entered: 08/03/2023)

Aug. 3, 2023

Aug. 3, 2023

PACER
61

Unopposed MOTION to File Excess Pages for Plaintiffs' Motion for Summary Judgment by Destiny Belanger, Disability Rights Florida, Inc., Blanca Meza. (DeBriere, Katherine) (Entered: 08/03/2023)

Aug. 3, 2023

Aug. 3, 2023

PACER
62

RESPONSE re 60 Notice (Other) Requesting Status Conference filed by Jason Weida. (Figlio, Erik) (Entered: 08/03/2023)

Aug. 3, 2023

Aug. 3, 2023

PACER
63

Time Sensitive MOTION to Stay re 56 Order on Motion for Extension of Time to File by Jason Weida. (Figlio, Erik) . Added MOTION for Miscellaneous Relief, specifically for Extension of Dispositive Motion Deadline on 8/4/2023 (AJS). (Entered: 08/03/2023)

Aug. 3, 2023

Aug. 3, 2023

PACER
64

NOTICE TO COUNSEL Katherine DeBriere of Local Rule 2.01(b)(2)(B), which requires members of the Middle District bar to maintain with the clerk a current telephone number, mailing address, and email address. Update your contact information for the Middle District through PACER. (Signed by Deputy Clerk). (AJS) (Entered: 08/04/2023)

Aug. 4, 2023

Aug. 4, 2023

PACER

Notice to Counsel of Local Rule

Aug. 4, 2023

Aug. 4, 2023

PACER
65

ORDERED: Defendants' 63 Motion for Stay or in the Alternative Extension is granted, in part, and taken under advisement, in part. The Motion is GRANTED to the extent the deadline for filing dispositive and Daubert motions is extended to September 29, 2023. In all other respects, the Motion is TAKEN UNDER ADVISEMENT. Plaintiffs' 61 Unopposed Motion to Extend the Page Limit is GRANTED. The 57 Joint Motion to Approve Settlement Agreement is DENIED without prejudice as moot. See Order for details. Signed by Judge Marcia Morales Howard on 8/4/2023. (MHM) (Entered: 08/04/2023)

Aug. 4, 2023

Aug. 4, 2023

RECAP
66

MOTION for Summary Judgment by All Plaintiffs. (Attachments: # 1 Appendix Appendix of Exhibits to Pls' Motion for Summary Judgment, # 2 Exhibit Deposition of AHCA Corp. Representative, # 3 Exhibit Deposition of Dr. Aron Liaw, # 4 Exhibit Chart of Defendant's Exclusion Exceptions, # 5 Exhibit AHCA Depo 000041, # 6 Exhibit Deposition Aide Hernandez, # 7 Exhibit Declaration of Dr. Rita Nathawad, # 8 Exhibit WellCare Denials, # 9 Exhibit AHCA011731 and AHCA 011788, # 10 Exhibit Deposition of Julie Belanger, # 11 Exhibit Deposition of DRF Corp. Representative, # 12 Exhibit Florida State Plan Amendment Excerpt)(DeBriere, Katherine) (Entered: 08/09/2023)

Aug. 9, 2023

Aug. 9, 2023

PACER
67

SUMMARY Judgment Notice and Courtesy Copies re 66 MOTION for Summary Judgment filed by Blanca Meza, Disability Rights Florida, Inc., Destiny Belanger. Signed by Deputy Clerk on 8/10/2023. (AET) (Entered: 08/10/2023)

Aug. 10, 2023

Aug. 10, 2023

PACER
68

JOINT Notice Requesting Settlement Conference by Jason Weida (Figlio, Erik) (Modified on 8/16/2023, to edit text) (BGR). (Entered: 08/16/2023)

Aug. 16, 2023

Aug. 16, 2023

PACER

Order on Motion for Extension of Time to File AND Order on Motion for Extension of Time to File Response / Reply

Aug. 16, 2023

Aug. 16, 2023

PACER
69

UNOPPOSED MOTION for Extension of Time to File Response as to 66 MOTION for Summary Judgment by Jason Weida. (Figlio, Erik) Motions referred to Magistrate Judge Patricia D. Barksdale. (Modified on 8/16/2023, to edit text) (BGR). (Entered: 08/16/2023)

Aug. 16, 2023

Aug. 16, 2023

PACER
70

ENDORSED ORDER granting 69 the unopposed motion for an extension of time. The defendant must respond to 66 the motion for summary judgment by September 29, 2023. Signed by Magistrate Judge Patricia D. Barksdale on 8/16/2023. (VNG) (Entered: 08/16/2023)

Aug. 16, 2023

Aug. 16, 2023

PACER
71

NOTICE of Appearance by Katherine Mae Hanson on behalf of Disability Rights Florida, Inc. (Hanson, Katherine) (Entered: 08/18/2023)

Aug. 18, 2023

Aug. 18, 2023

PACER
72

ORDER regarding 68 Joint Notice Requesting Settlement Conference. No later than October 16, 2023, the parties shall appear before the Honorable Patricia D. Barksdale, United States Magistrate Judge, for a settlement conference. Signed by Judge Marcia Morales Howard on 8/22/2023. (JW) (Entered: 08/22/2023)

Aug. 22, 2023

Aug. 22, 2023

PACER
73

ORDER scheduling a settlement conference by video teleconference using Zoom for 9/21/2023 at 10:00 AM before Magistrate Judge Patricia D. Barksdale. The Courtroom Deputy will separately email counsel an invitation with the link and password. By 9/18/2023, each party must submit to the undersigned a confidential letter. See order for details. Signed by Magistrate Judge Patricia D. Barksdale on 8/25/2023. (ASL) (Entered: 08/25/2023)

Aug. 25, 2023

Aug. 25, 2023

PACER
74

NOTICE Of Formal Rulemaking by Jason Weida (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Figlio, Erik) Modified to edit docket text on 9/6/2023 (RLK). (Entered: 09/05/2023)

Sept. 5, 2023

Sept. 5, 2023

PACER
75

MOTION for Miscellaneous Relief, specifically for Partial Relief from Order Scheduling Settlement Conference or, in the Alternative, Motion to Vacate by Jason Weida. (Figlio, Erik) (Entered: 09/12/2023)

Sept. 12, 2023

Sept. 12, 2023

PACER
76

RESPONSE to Motion re 75 MOTION for Miscellaneous Relief, specifically for Partial Relief from Order Scheduling Settlement Conference or, in the Alternative, Motion to Vacate filed by Destiny Belanger, Disability Rights Florida, Inc., Blanca Meza. (Attachments: # 1 Exhibit)(DeBriere, Katherine) (Entered: 09/12/2023)

Sept. 12, 2023

Sept. 12, 2023

PACER
77

ORDER scheduling a hearing for 9/15/2023 at 02:00 PM before Magistrate Judge Patricia D. Barksdale to discuss 75 the defendant's motion for partial relief from the order scheduling the settlement conference and 76 the response. Participants must appear by telephone by calling (888) 684-8852 at least five minutes before the proceeding. The access code is 1103539; the security code is 0004. Signed by Magistrate Judge Patricia D. Barksdale on 9/15/2023. (ASL) (Entered: 09/15/2023)

Sept. 15, 2023

Sept. 15, 2023

PACER
78

MOTION for Extension of Time to File Dispositive Motion, Daubert Motion, and Summary Judgment Response Deadline by Jason Weida. (Figlio, Erik) Motions referred to Magistrate Judge Patricia D. Barksdale. (Entered: 09/15/2023)

Sept. 15, 2023

Sept. 15, 2023

PACER
79

MINUTE entry for the telephone conference held on 9/15/2023 before Magistrate Judge Patricia D. Barksdale: Counsel provided their respective positions on 75 Secretary Jason Weida's motion for partial relief from the order scheduling the settlement conference and 76 the response. (digital) (ASL) (Entered: 09/20/2023)

Sept. 15, 2023

Sept. 15, 2023

PACER
80

ORDER granting 75 the defendant's motion for partial relief from the order scheduling a settlement conference. Signed by Magistrate Judge Patricia D. Barksdale on 9/19/2023. (ASL) (Entered: 09/20/2023)

Sept. 20, 2023

Sept. 20, 2023

PACER
81

MINUTE entry for the settlement conference held by video teleconference using Zoom on 9/21/2023 before Magistrate Judge Patricia D. Barksdale: Judge Barksdale continued the settlement conference to 9/26/2023 at 9:00 a.m. The Courtroom Deputy will send counsel the Zoom link and password. (digital) (ASL) (Entered: 09/22/2023)

Sept. 21, 2023

Sept. 21, 2023

PACER
82

ORDER continuing the settlement conference to 9/26/2023 at 09:00 AM by video teleconference before Magistrate Judge Patricia D. Barksdale. The deadline to file dispositive and Daubert motions and to respond to 66 the summary judgment motion and 78 the motion for an extension of time (beyond the extension granted in this order) is extended to 10/6/2023. Signed by Magistrate Judge Patricia D. Barksdale on 9/21/2023. (ASL) (Entered: 09/22/2023)

Sept. 22, 2023

Sept. 22, 2023

PACER
83

ORDER further continuing the settlement conference and directing the parties to continue settlement discussions. The deadline to file dispositive and Daubert motions and to respond to 66 the summary judgment motion and 78 the motion for an extension of time (beyond the extension granted in this order) is extended to 10/20/2023. Signed by Magistrate Judge Patricia D. Barksdale on 9/26/2023. (ASL) (Entered: 09/26/2023)

Sept. 26, 2023

Sept. 26, 2023

PACER
84

Unopposed MOTION for Extension of Time to File Dispositive Motion, Daubert Motion and Summary Judgment Response by Jason Weida. (Figlio, Erik) Motions referred to Magistrate Judge Patricia D. Barksdale. (Entered: 10/17/2023)

Oct. 17, 2023

Oct. 17, 2023

PACER
85

ENDORSED ORDER granting 84 Defendant's Unopposed Motion for Extension of Dispositive Motion, Daubert Motion, and Summary Judgment Response Deadline. The deadline for filing dispositive motions, Daubert motions, and AHCA's response to Plaintiffs' motion for summary judgment is extended up to and including October 27, 2023. Signed by Judge Marcia Morales Howard on 10/18/2023. (JW) (Entered: 10/18/2023)

Oct. 18, 2023

Oct. 18, 2023

PACER

Order on Motion for Extension of Time to File

Oct. 18, 2023

Oct. 18, 2023

PACER
86

Time Sensitive MOTION for Extension of Time to File Dispositive Motion, Daubert Motion and Summary Judgment Response by Jason Weida. (Figlio, Erik) Motions referred to Magistrate Judge Patricia D. Barksdale. (Entered: 10/25/2023)

Oct. 25, 2023

Oct. 25, 2023

PACER
87

Time Sensitive REQUEST for oral argument re 86 Time Sensitive MOTION for Extension of Time to File Dispositive Motion, Daubert Motion and Summary Judgment Response by Jason Weida (Figlio, Erik) Modified text on 10/27/2023 (KME). (Entered: 10/26/2023)

Oct. 26, 2023

Oct. 26, 2023

PACER

Order

Oct. 26, 2023

Oct. 26, 2023

PACER
88

ENDORSED ORDER: The deadline for filing dispositive motions, Daubert motions, and Defendant's response to Plaintiffs' motion for summary judgment is stayed pending a ruling on Defendant's 86 Time Sensitive Motion for Extension of Time. Plaintiffs' response to the motion is due no later than November 6, 2023. Signed by Judge Marcia Morales Howard on 10/26/2023. (MHM) (Entered: 10/26/2023)

Oct. 26, 2023

Oct. 26, 2023

PACER

Case Details

State / Territory: Florida

Case Type(s):

Public Benefits/Government Services

Disability Rights

Key Dates

Filing Date: July 17, 2022

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

All Florida Medicaid recipients whose prescription for incontinence supplies has been or will be denied Medicaid coverage based on the exclusion of those supplies for recipients aged 21 and older.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Florida Agency for Health Care Administration, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

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

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

Declaratory Judgment Act, 28 U.S.C. § 2201

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

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

Discrimination-basis:

Disability (inc. reasonable accommodations)

Benefit Source:

Medicaid

Medicare