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 putative 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 …

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 putative 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.”

As of April 11, 2023, this case was ongoing.

Summary Authors

Saba Khan (5/19/2023)

People

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


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

Docket

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

Last updated July 21, 2023, 3:01 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
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

Notice to Counsel of Local Rule

March 28, 2023

March 28, 2023

PACER
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

Miscellaneous Relief

May 1, 2023

May 1, 2023

PACER
43

Order of Recusal

May 4, 2023

May 4, 2023

PACER

Case Assigned/Reassigned

May 4, 2023

May 4, 2023

PACER
45

Order on Motion for Miscellaneous Relief

May 5, 2023

May 5, 2023

PACER
46

Notice (Other)

May 9, 2023

May 9, 2023

PACER
47

Notice (Other)

May 9, 2023

May 9, 2023

PACER
48

Notice of mediation conference/hearing

May 10, 2023

May 10, 2023

PACER
49

Order

May 17, 2023

May 17, 2023

PACER
50

Withdraw as Attorney

May 17, 2023

May 17, 2023

PACER
51

Order on Motion to Withdraw as Attorney

May 22, 2023

May 22, 2023

PACER
52

Withdraw as Attorney

May 26, 2023

May 26, 2023

PACER
53

Order on Motion to Withdraw as Attorney

May 30, 2023

May 30, 2023

PACER
54

Mediation report

June 9, 2023

June 9, 2023

PACER
55

Extension of Time to File

June 10, 2023

June 10, 2023

PACER
56

Order on Motion for Extension of Time to File

June 12, 2023

June 12, 2023

PACER
57

Settlement

July 20, 2023

July 20, 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