Case: Lewis v. Grinker

1:79-cv-01740 | U.S. District Court for the Eastern District of New York

Filed Date: July 6, 1979

Closed Date: 2002

Clearinghouse coding complete

Case Summary

On July 6, 1979, nine undocumented aliens living in New York brought a class action lawsuit in the United States District Court for the Eastern District of New York, challenging their denial of Medicaid benefits on the basis of their alien status. Plaintiffs claimed that Medicaid regulations, 42 C.F.R. ˜ 435.402(b), issued by the Department of Health and Human Services and a companion New York State regulation, 18 NYCRR ˜ 349.3, which called for the denial of all Medicaid benefits on the bas…

On July 6, 1979, nine undocumented aliens living in New York brought a class action lawsuit in the United States District Court for the Eastern District of New York, challenging their denial of Medicaid benefits on the basis of their alien status. Plaintiffs claimed that Medicaid regulations, 42 C.F.R. ˜ 435.402(b), issued by the Department of Health and Human Services and a companion New York State regulation, 18 NYCRR ˜ 349.3, which called for the denial of all Medicaid benefits on the basis of alienage violated equal protection and due process and were contrary to the language of the Medicaid statute 42 U.S.C. ˜˜ 1396 et seq.. They also claimed that narrower restrictions which denied prenatal care to pregnant aliens and their unborn children were invalid. They sought declaratory and injunctive relief, as well as class certification.

The case was certified as a class action on January 16, 1981, with the class defined as gall aliens residing in the State of New York who have been denied Medicaid on the basis of their alienage.h The class definition was later amended to include gall aliens residing in New York State under color of law who have applied or attempted to apply for Medicaid but have been or would be denied Medicaid on the basis of their alienage.h

The case languished for years while the parties engaged in pre-trial discovery.

On July 14, 1986, the District Court (Judge Charles P. Sifton) granted summary judgment in favor of the plaintiff class and held that the denial of Medicaid benefits to all aliens who were not admitted for permanent residence or not gpermanently residing under color of lawh (PRUCOL) was not authorized by the Medicaid statute. Lewis v. Gross, 663 F.Supp. 1164 (E.D.N.Y.1986). The defendants moved for reconsideration in light of a new law passed by Congress, the Omnibus Budget Reconciliation Act of 1986 (gOBRAh), which contained new provisions concerning the eligibility of aliens for Medicaid benefits. The Court found that since the language of the challenged regulation, 42 C.F.R. ˜ 435.402(b), appeared verbatim in the new law (OBRA), the Court would not bar enforcement of the regulation in the future. However, the Court refused to preclude relief to aliens who had successfully challenged the regulation prior to passage of statute. Lewis v. Grinker, 660 F.Supp. 169 (E.D.N.Y. 1987).

In response to OBRA, plaintiffs and the City of New York, which joined the case as a plaintiff-intervenor, moved for a preliminary injunction on the grounds that the new law contained an impermissibly narrow definition of the phrase gpermanently residing under color of lawh (PRUCOL) and that the continued denial of Medicaid benefits for prenatal care to pregnant alien women was unlawful. The District Court granted the motion in part, and issued a preliminary injunction barring gthe denial of Medicaid coverage for prenatal care to alien women residing in New York State with a medically verifiable pregnancy if her unborn child would be eligible for Medicaid if born at the time of the application.h Lewis v. Grinker, 1987 WL 8412 (E.D.N.Y. Mar 06, 1987). The Court later made the injunction permanent. Lewis v. Grinker, 794 F.Supp. 1193 (E.D.N.Y. 1991). The defendants appealed and the Second Circuit affirmed, holding that the Medicaid statute as amended by OBRA '86 did not prevent otherwise eligible pregnant women from receiving prenatal care to benefit their future U.S. citizen children. Lewis v. Grinker, 965 F.2d 1206 (2nd Cir.1992).

In a separate order dated April 1, 1991, the District Court granted relief to plaintiffs who were sued by health care providers for unpaid medical bills incurred prior to OBRA-86, which should have been paid by Medicaid. Lewis v. Grinker, 1991 WL 338134 (E.D.N.Y. Apr 01, 1991).

The injunction regarding prenatal care remained in force until 2000, when the government moved to vacate it on the basis of the Welfare Reform Act of 1996 which contained further alien eligibility restrictions for Medicaid. The Act changed the definition of gqualified aliensh eligible for Medicaid to exclude many PRUCOL aliens who were previously eligible for Medicaid under OBRA Œ86. The District Court (Judge Sifton) denied the motion to vacate, finding that the Medicaid alien eligibility restrictions in Section 401(a) of the Welfare Reform Act violated Equal Protection Clause of the Fifth Amendment. Lewis v. Grinker, 111 F.Supp.2d 142 (E.D.N.Y. 2000). The defendants appealed.

The Second Circuit Court of Appeals reversed in part and affirmed in part. The Court (Circuit Judge Newman) held that the Welfare Reform Act's denial of prenatal care to unqualified aliens did not violated equal protection and the part of the injunction ordering prenatal Medicaid assistance to the plaintiff class was therefore reversed. The Court affirmed the part of the injunction which required the government to make automatic eligibility for Medicaid coverage available to the citizen children of the plaintiff class upon their birth. Lewis v. Thompson, 252 F.3d 567 (2nd Cir.2001). On remand, the District Court modified its injunction in accordance with the Second Circuitfs opinion and entered final judgment on June 12, 2002.

As of the date of this summary, there was no further case activity noted on the PACER docket.

Summary Authors

Brian Ponton (8/31/2007)

People


Judge(s)

Newman, Jon Ormond (New York)

Sifton, Charles Proctor (New York)

Walker, Richard Wilde (Alabama)

Attorneys(s) for Plaintiff

Barnett, Helaine (New York)

Blum, Richard Elliot (New York)

Bull, Colin (New York)

Calvo, Janet M. (New York)

Fried, Arthur J. (New York)

Marowitz, Nancy (New York)

Rosenberg, Scott Alan (New York)

Judge(s)

Newman, Jon Ormond (New York)

Sifton, Charles Proctor (New York)

Walker, Richard Wilde (Alabama)

Attorneys(s) for Plaintiff

Barnett, Helaine (New York)

Blum, Richard Elliot (New York)

Bull, Colin (New York)

Calvo, Janet M. (New York)

Fried, Arthur J. (New York)

Marowitz, Nancy (New York)

Rosenberg, Scott Alan (New York)

Attorneys(s) for Defendant

Abrams, Robert W. (New York)

Ausubel, Warren D. (New York)

Begleiter, Bob (New York)

Bernet, Mary Fisher (New York)

Kelly, Charles P. (New York)

Kleinberg, Charles (New York)

Lynch, Loretta (New York)

Maloney, Andrew J (New York)

Margiotta, Joan Weiner (New York)

Spitzer, Eliot (New York)

Stern, Marc (District of Columbia)

Zimroth, Peter L. (New York)

Other Attorney(s)

Buchbinder, Marion R. (New York)

Dolgow, Pamela Seider (New York)

Hess, Michael D. (New York)

Jacob, Beth (New York)

Klein, Hilary B. (New York)

LaCheen, Cary (New York)

Natrella, Elizabeth S. (New York)

Rubin, Gail (New York)

Semmel, Herbert (New York)

Sherwood, O. Peter (New York)

Expert/Monitor/Master

Bondy, Thomas M. (District of Columbia)

Kovner, Victor A. (New York)

Documents in the Clearinghouse

Document

91-06176

Appellate Docket (PACER)

U. S. Court of Appeals for the Second Circuit

July 11, 1991

July 11, 1991

Docket

1:79-cv-01740

Docket (PACER)

Lewis v. Brezenhoff

June 12, 2002

June 12, 2002

Docket

1:79-cv-01740

Opinion

Lewis v. Gross

663 F.Supp. 1164

July 14, 1986

July 14, 1986

Order/Opinion

1:79-cv-01740

Opinion

1987 WL 8412

March 6, 1987

March 6, 1987

Order/Opinion

1:79-cv-01740

Opinion

660 F.Supp. 169

April 23, 1987

April 23, 1987

Order/Opinion

1:79-cv-01740

Opinion

794 F.Supp. 1193

March 14, 1991

March 14, 1991

Order/Opinion

1:79-cv-01740

Opinion

1991 U.S.Dist.LEXIS 20754

March 14, 1991

March 14, 1991

Order/Opinion

91-06176

Opinion

U. S. Court of Appeals for the Second Circuit

965 F.2d 1206, 1992 U.S.App.LEXIS 5377

March 17, 1992

March 17, 1992

Order/Opinion
37

1:79-cv-01740

Opinion

111 F.Supp.2d 142, 2000 U.S.Dist.LEXIS 18092

Jan. 19, 2000

Jan. 19, 2000

Order/Opinion

00-06104

Opinion

Lewis v. Thompson

U. S. Court of Appeals for the Second Circuit

252 F.3d 567

May 22, 2001

May 22, 2001

Order/Opinion

Resources

Docket

Last updated Aug. 6, 2022, 3:15 a.m.

ECF Number Description Date Link Date / Link
1

TRANSCRIPT filed for Motion before Judge Sifton for dates of 01/11/95. (Ferguson, Frances) (Entered: 03/27/1995)

March 23, 1995

March 23, 1995

2

STIPULATION So Ordered by Judge Sifton for parties to serve post trial briefs, by hand, no later than 5:00 p.m. on 5/19/95; and oral argument to be held at 4:30 p.m. on 5/24/95. ( signed by Chief Judge Charles P. Sifton, dated: 5/10/95 ) (Ferguson, Frances) (Entered: 05/15/1995)

May 15, 1995

May 15, 1995

3

FEDERAL DEFENDANT'S (Dept of HHS) POST-TRIAL MEMORANDUM OF LAW on the issue of whether the class of undocumented minors in NYS qualifies as "permanently residing under color of law." (Ferguson, Frances) (Entered: 05/25/1995)

May 19, 1995

May 19, 1995

4

PLTFFS and PLTFFS-INTERVENORS POST-TRIAL MEMORANDUM (the City of New York and the New York City Health and Hospitals Corp) challenging the denial by the Health Care Financing Admin (HCFA) of Medicaid benefits to otherwise eligible undocumented immigrant children residing in NY which has resulted from HCFA's failure to recognize the children as permanently residing under color of the law. (Ferguson, Frances) (Entered: 05/25/1995)

May 19, 1995

May 19, 1995

6

Federal Dft's (Dept of HHS) Post-trial REPLY MEMORANDUM OF LAW re: the issue of whether the class of undocumented minors in NYS qualifies as "permanently residing under color of law." (Ferguson, Frances) (Entered: 06/13/1995)

June 2, 1995

June 2, 1995

7

LETTER dated 6/5/95 from Charles Kelly, AUSA, w/consent of pltff's counsel, to Judge Sifton requesting that the oral argument set for 8/9/95 be adjourned until August 15, 16 or 17, 1995. (see endorsed order) (Ferguson, Frances) (Entered: 06/20/1995)

June 20, 1995

June 20, 1995

Endorsed order granting [7-1] letter, oral argument is adjourned to 8/15/95 at 4:30 p.m. ( Signed by Chief Judge Charles P. Sifton, dated: 6/12/95 ) (Ferguson, Frances) Modified on 08/07/2000 (Entered: 06/20/1995)

June 20, 1995

June 20, 1995

8

LETTER dated 8/10/95 from Charles Kleinberg to Judge Sifton in respond to plaintiffs' 7/11/95 letter regarding certain INS computer records. (Yuen, Sui May) (Entered: 08/14/1995)

Aug. 11, 1995

Aug. 11, 1995

24

Calendar entry: Before Judge Sifton - Trial resumed. All parties present. Closing statements heard. The Court reserves decision on the case. (Ferguson, Frances) (Entered: 08/23/1995)

Aug. 16, 1995

Aug. 16, 1995

9

Federal Defendant's MEMORANDUM OF LAW in response to the evidentiary issues raised in plaintiffs' trial memorandum. (Ferguson, Frances) (Entered: 08/23/1995)

Aug. 23, 1995

Aug. 23, 1995

10

Plaintiffs' and Plaintiffs-Intervenors' PRETRIAL MEMORANDUM. (Ferguson, Frances) (Entered: 08/23/1995)

Aug. 23, 1995

Aug. 23, 1995

11

Government's Witness list, Exhibit List, and Deposition Testimony. (Ferguson, Frances) (Entered: 08/23/1995)

Aug. 23, 1995

Aug. 23, 1995

12

LETTER dated 2/24/95 from AUSA Charles Kelly to Hilary Klein, Asst Corporation Counsel, requesting that plaintiffs proceed in accordance with their pretrial witnes list signed two weeks ago, in order to expedite the trial. (Ferguson, Frances) (Entered: 08/23/1995)

Aug. 23, 1995

Aug. 23, 1995

13

Federal Defendant's Cross-Designations of Portions of Depositions. (Ferguson, Frances) (Entered: 08/23/1995)

Aug. 23, 1995

Aug. 23, 1995

14

Stipulation (not signed by judge): Parties agree that certain documents are admissible at trial. (Ferguson, Frances) (Entered: 08/23/1995)

Aug. 23, 1995

Aug. 23, 1995

15

Stipulation (not signed by judge): Parties agree that all documents listed on the parties' respective exhibit lists are admissible except that the parties reserve all relevance objections except as noted. (Ferguson, Frances) (Entered: 08/23/1995)

Aug. 23, 1995

Aug. 23, 1995

16

LETTER dated 4/6/95 from Hilary Klein, Asst Corporation Counsel, to Judge Sifton advising that plaintiffs are exercising their option under paragraph seven of the annexed stipulation to have marked into evidence as exhibits the computer records received from INS' DACS computer system on 3/22/95 , and the accompanying declaration of Anne Fenton. (Ferguson, Frances) (Entered: 08/23/1995)

Aug. 23, 1995

Aug. 23, 1995

Endorsed order granting Corporation Counsel's [16-1] letter to mark into evidence as exhibits the computer records received from INS' DACS computer system on 3/22/95 and the accompanying declaration of Anne Fenton. ( Signed by Chief Judge Charles P. Sifton, dated: 4/13/95 ) (Ferguson, Frances) (Entered: 08/23/1995)

Aug. 23, 1995

Aug. 23, 1995

17

ORDER/Stipulation: Parties agree that certain exhibits shall be received in evidence and marked by the Court; and that post trial briefs shall be submitted on 5/12/95 with oral argument set for 5/19/95 at 4:30. This stipulation is marked in evidence as Joint Exhibit 39. ( signed by Chief Judge Charles P. Sifton, dated: 3/28/95 ) (Ferguson, Frances) (Entered: 08/23/1995)

Aug. 23, 1995

Aug. 23, 1995

18

LETTER dated 7/11/95 from Paul Kazanoff, Asst Corporation Counsel, to Judge Sifton responding to federal dft's post-trial reply memorandum of law, stating that the DACS printouts are replete with errors and are therefore an unreliable source of numbers of minors issued orders to show cause. (Ferguson, Frances) (Entered: 08/23/1995)

Aug. 23, 1995

Aug. 23, 1995

19

Plaintiffs' and Plaintiffs-Intervenors' Reply Memorandum Concerning Evidentiary Issues. (Ferguson, Frances) (Entered: 08/23/1995)

Aug. 23, 1995

Aug. 23, 1995

20

Plaintiffs' and Plaintiffs-Intervenors' witness list. (Ferguson, Frances) (Entered: 08/23/1995)

Aug. 23, 1995

Aug. 23, 1995

21

Federal Defendant's Trial Memorandum of Law. (Ferguson, Frances) (Entered: 08/23/1995)

Aug. 23, 1995

Aug. 23, 1995

22

Proposed Findings of Fact and Conclusions of Law submitted by Corporation Counsel. (Ferguson, Frances) (Entered: 08/23/1995)

Aug. 23, 1995

Aug. 23, 1995

23

Federal Defendant's Proposed Findings of Facts and Conclusions of Law. (Ferguson, Frances) (Entered: 08/23/1995)

Aug. 23, 1995

Aug. 23, 1995

25

Calendar entry:Before Judge Sifton on 11/7/96 at 4:30p.m. Case called. All parties present. Status confernce held. (Dobkin, David) (Entered: 11/12/1996)

Nov. 7, 1996

Nov. 7, 1996

26

ORDER dated 11/8/96 that the parties in the above case has resolved their remaining claims, the case is orderd closed. ( signed by Chief Judge Charles P. Sifton ) (Dobkin, David) (Entered: 11/12/1996)

Nov. 12, 1996

Nov. 12, 1996

Case closed (Dobkin, David) (Entered: 11/12/1996)

Nov. 12, 1996

Nov. 12, 1996

27

STIP/ORDER dated 11/26/96 all of the claims in this action related to the application and implemetation of "permanently residing under color of law" under federal law are hereby dimissed with prejudice, and without costs or fees to either side. However, in the event of a future change in the law regarding the criteria of eligibility for medicaid, nothing in this Stip. shall prevent plaintiffs from instituting a new action based upon such chamge. ( signed by Chief Judge Charles P. Sifton ) (Dobkin, David) (Entered: 12/02/1996)

Dec. 2, 1996

Dec. 2, 1996

28

STIP/ORDER dated 12/2/96 stating that all the claims in this action related to the application and implementation of "permanently residing under color of law" under federal law are hereby dimissed with prejudice, and without costs or fees to either side. However, in the event of a future change in the law regarding the criteria of eligibility for medicaid, nothing in this Stip shall prevent plaintiffs from instituting a new action based upon such change. ( signed by Chief Judge Charles P. Sifton ) (Dobkin, David) (Entered: 12/03/1996)

Dec. 3, 1996

Dec. 3, 1996

29

TRANSCRIPT of civil cause for status conference before Judge Sifton filed for dates of 11/7/96. ESR Robert Eppenstein. (Dobkin, David) (Entered: 12/19/1996)

Dec. 19, 1996

Dec. 19, 1996

30

MOTION by Donna Shalala for judgment on the pleadings , Motion hearing set for 4:30 5/30/97 [30-1] motion (Dobkin, David) (Entered: 02/27/1997)

Feb. 27, 1997

Feb. 27, 1997

31

MEMORANDUM of law by Donna Shalala in support of her [30-1] motion for judgment on the pleadings (Dobkin, David) (Entered: 02/27/1997)

Feb. 27, 1997

Feb. 27, 1997

32

STIP/ORDER dated 4/18/97 the motion on file is ordered stricken without prejudice to its entirety on or after 7/1/97. ( signed by Chief Judge Charles P. Sifton ) (Dobkin, David) (Entered: 04/28/1997)

April 28, 1997

April 28, 1997

33

LETTER dated 4/15/98 from Charles P. Kelly, Esq., to Jody King, Law Clerk to Judge Charles P. Sifton, confirming that the Court has adjourned oral argument on the government's motion from 4/17/98 to 6/4/98. (Johnson, Tanya) (Entered: 04/21/1998)

April 21, 1998

April 21, 1998

34

ORDER dated 8/3/98 granting request for adjournment to 9/10/98 of the conference in the above case. ( signed by Chief Judge Charles P. Sifton ) (endorsed on letter dated 7/30/98 from Richard Blum to Judge Sifton). (Dobkin, David) (Entered: 08/04/1998)

Aug. 4, 1998

Aug. 4, 1998

35

LETTER dated 9/29/98 from Richard Blum to Judge Sifton, written to confirm that the argument in the above case is currently scheduled for 10/19/98 at 4:30p.m. (Dobkin, David) (Entered: 10/09/1998)

Oct. 9, 1998

Oct. 9, 1998

36

Calendar entry: Motion conference held with Judge Sifton on 11/18/98. Court reporter: Gene Rudolph. Counsel for plaintiff: Scott Rosenberg. For City Deft. : Joan Weiner Margiotta, Asst. Corp. Counsel. For Federal Deft.: AUSA, Charles Kelly. Federal Defendants' motion for judgment on the pleadings and for an order vacating the permanent injunction previously ordered by this court argued; decision reserved. (Asreen, Wendy) Modified on 11/23/1998 (Entered: 11/23/1998)

Nov. 18, 1998

Nov. 18, 1998

37

MEMORANDUM and ORDER stating that the federal deft's motion to vacate the permanent injunction is denied. ( signed by Chief Judge Charles P. Sifton , on 1/19/00)C/M. (Dobkin, David) (Entered: 01/19/2000)

Jan. 19, 2000

Jan. 19, 2000

38

AMENDMENT MEMORANDUM and ORDER to correct typographical errors appearing on pages 54-55, 69 and 80. ( signed by Chief Judge Charles P. Sifton , on 1/21/00) C/M. (Dobkin, David) Modified on 02/23/2000 (Entered: 01/27/2000)

Jan. 27, 2000

Jan. 27, 2000

39

MAIL RETURNED Copy of document #37: Addressed to Scott A. Rosenberg, Esq. The The Legal Aid Society Civil Appeals & Law Reform Unit 841 Broadway 3rd Floor New York, NY 10003" Remailed on 2/9/2000 to "Scott Rosenberg, Esq. Director of Litigation, The Legal Aid Society Civil Appeals & Law Reform Unit 90 Church Street New York, NY 10007" [Address verified by The Legal Aid Society by telephone. Address information for Mr. Rosenberg was updated on the docket sheet.] (Mackey, Donna) (Entered: 02/09/2000)

Feb. 9, 2000

Feb. 9, 2000

40

NOTICE OF APPEAL by Donna Shalala, Stanley Brezenhoff [37-1] order. No fee. Affidavit of service attached. (McGee, Maryann) (Entered: 03/28/2000)

March 17, 2000

March 17, 2000

Certified copy of docket sheet sent to USCA. [40-1] appeal (McGee, Maryann) (Entered: 03/28/2000)

March 28, 2000

March 28, 2000

41

Endorsed ORDER stating the Pltffs. are directed to settle a judgment on notice. c/m. ( signed by Senior Judge Charles P. Sifton , on 4.6.2000) See ltr. dtd. 4.5.2000 from AUSA Kelly to Judge Sifton for the order. (Mackey, Donna) (Entered: 04/11/2000)

April 11, 2000

April 11, 2000

42

USCA Scheduling Order: [40-1] appeal Appeal record due by 5/19/00 . USCA Number: 00-6104 Appellant's brief due 5/26/00. Appellee's brief due 6/26/00. Argument set for 8/7/00. (Vasquez, Liz) (Entered: 04/25/2000)

April 24, 2000

April 24, 2000

Certified and transmitted INDEX on appeal to U.S. Court of Appeals: [40-1] appeal. Acknowledgment requested. USCA #00-6104. (McGee, Maryann) (Entered: 08/03/2000)

July 26, 2000

July 26, 2000

Certified and transmitted FIRST SUPPLEMENTAL INDEX on appeal to U.S. Court of Appeals: [40-1] appeal. Acknowledgment requested. Sent to the attention of Sam McLamore - USCA Intake. USCA#00-6104. (McGee, Maryann) (Entered: 08/08/2000)

Aug. 7, 2000

Aug. 7, 2000

Helena Haris - USCA claims she did not receive the First Supplemental INDEX sent to her by messenger. Therefore, the First Supplemental Index is being sent to her via Federal Express. Federal Express tracking number #809824547695. (McGee, Maryann) Modified on 08/15/2000 (Entered: 08/08/2000)

Aug. 8, 2000

Aug. 8, 2000

DUPLICATE INDEX SENT TO HELENA HARRIS via messenger. (McGee, Maryann) Modified on 08/15/2000 (Entered: 08/10/2000)

Aug. 10, 2000

Aug. 10, 2000

43

Acknowledgment from USCA received for the First Supplemental Record re: [40-1] appeal signed by HH. (Gonzalez, Mary) (Entered: 08/21/2000)

Aug. 21, 2000

Aug. 21, 2000

44

NOTICE of renewed motion for judgment on the pleadings by Donna Shalala. (received for docketing on 9/5/00). (Dobkin, David) (Entered: 09/05/2000)

Sept. 5, 2000

Sept. 5, 2000

45

MEMORANDUM by Donna Shalala in support of [44-1] notice of motion for judgment on the pleadings dismising the complaint against her inits entirety, including an order dissolving the injunction previously entered against her. (received for docketing on 9/4/00). (Dobkin, David) (Entered: 09/05/2000)

Sept. 5, 2000

Sept. 5, 2000

46

MEMORANDUM of lawby Lydia Lewis in opposition to [44-1] notice of defts motion for judgment on the pleadings. (Dobkin, David) (Entered: 09/05/2000)

Sept. 5, 2000

Sept. 5, 2000

47

REPLY MEMORANDUM OF LAW by Donna Shalala in further support of motion for judgment on the pleadings dismissing the complaint against her in its entirety.(received for docketing on 9/5/00). (Dobkin, David) (Entered: 09/05/2000)

Sept. 5, 2000

Sept. 5, 2000

48

CORRECTED COPY OF REPLY MEMORANDUM OF LAW by Donna Shalala in further support of motion for judgment on the pleadings dismissing the complaint against her in its entirety.(received for docketing on 9/5/00). (Dobkin, David) (Entered: 09/05/2000)

Sept. 5, 2000

Sept. 5, 2000

49

Affidavit of Dr. Howard L. Minkoff in opposition to defts' motion for judgment dismissing the complaint and injunction. (received for docketing on 9/5/00). (Dobkin, David) (Entered: 09/05/2000)

Sept. 5, 2000

Sept. 5, 2000

50

LETTER dated 4/15/98 from Hiliary Klein to Judge Sifton, on behalf of plaintiff's request that this court deny the Secretary's motion to vacate the injunction providing federrally reimbursed Medicaid for the prenatal care to pregnant women irrespective of their alien status. (received for docketing on 9/5/00). (Dobkin, David) (Entered: 09/05/2000)

Sept. 5, 2000

Sept. 5, 2000

51

LETTER dated 5/29/98 from AUSA Charles Kelly to Judge Sifton, writen in response to plaintiffs 4/15/98 letter in further support of the Secretary's motion for judgment on the pleadings.(received for docketing on 9/5/00). (Dobkin, David) (Entered: 09/05/2000)

Sept. 5, 2000

Sept. 5, 2000

52

LETTER dated 12/9/98 from AUSA Charles Kelly to Judge Sifton, writren in reply to plaintiffs' letter dated 11/24/95 and to respond to a question raised by the Court at oral argument on 11/18/98.(received for docketing on 9/5/00). (Dobkin, David) Modified on 09/05/2000 (Entered: 09/05/2000)

Sept. 5, 2000

Sept. 5, 2000

Certified and transmitted record on appeal to U.S. Court of Appeals: [40- 1] appeal. The following documents were sent to the USCA: 1- 3,7,32,35,37 and 38. The remainder of the file is missing. Please note: this record was requested by Vinchenza Singelton. It is being sent to her attention. Acknowledgment requested. (McGee, Maryann) Modified on 04/03/2001 (Entered: 04/03/2001)

April 3, 2001

April 3, 2001

Transmitted first supplemental record on appeal: [40-1] appeal. The following documents comprise the first supplemental record: 4-24, 41 and 42. This supplemental record and the record were requested by Venchenza Singelton. It is being sent to her attention. USCA# 00-6104 (McGee, Maryann) (Entered: 04/03/2001)

April 3, 2001

April 3, 2001

53

MANDATE OF USCA (certified copy) Re: [40-1] appeal: Reversed in part, affirmed in part and remanded in accordance with the opinion of the court. Issued: 2/13/02. C/A #00-6104. Opinion attached. Copy forwarded to CPS chambers. Ackn. mailed. (Glenn, Marilyn) (Entered: 02/22/2002)

Feb. 22, 2002

Feb. 22, 2002

54

ORDER dated 3/8/02 setting status conference on 4/4/02 at 4:30. ( Signed by Senior Judge Charles P. Sifton, on 3/8/02 ) c/m (Guzzi, Roseann) (Entered: 03/12/2002)

March 12, 2002

March 12, 2002

55

Appeal record returned from U.S. Court of Appeals containing documents numbered 1-3,32,35,37,38. (Copy of this form returned to Fred Nunnery c/o Court of Appeals.) USCA#00/6104. (Drayton, Lorraine) (Entered: 03/27/2002)

March 27, 2002

March 27, 2002

56

Appeal record returned from U.S. Court of Appeals containing documents numbered 4,7-23,41,42. (Copy of this form returned to Fred Nunnery c/o Court of Appeals.) USCA#01/6140. (Drayton, Lorraine) (Entered: 03/28/2002)

March 28, 2002

March 28, 2002

57

Calendar entry:Before Judge Sifton Civil Cause for status conf. Court Reporter/ESR Ogoro Frances Case called. Status conf. held. Parties to submit a mutually agreed upon modified judgment, or, if necessary,separate proposed modified judgments, by 5/14/02. (Jackson, Ramona) (Entered: 05/02/2002)

April 16, 2002

April 16, 2002

58

ORDER Extension of time to submit final judgment to June 4,2002. On ltr. dtd. 5/9/02 from Richard Blum ( signed by Senior Judge Charles P. Sifton , on 5/10/02) Copies mailed (Jackson, Ramona) (Entered: 05/16/2002)

May 16, 2002

May 16, 2002

59

LETTER dated 6/4/02 from Richard Blum to Judge Sifton the parties see no need at this time to set up a new application mechanishm to implement the automatic newborn provision of the Final Judgment. (Jackson, Ramona) (Entered: 06/06/2002)

June 6, 2002

June 6, 2002

60

FINAL JUDGMENTtizen children of alien mothers are entitled to automatic eligibility for Medicaid benefits after birth equivalent to the automatic eligibility extended to the citizen children of citizens mothers. Claims brought on behalf of the plaintiff class in this action shall be, dismissed with prejudice. ( signed by Senior Judge Charles P. Sifton , on 6/10/02) Copies mailed , (Jackson, Ramona) (Entered: 06/12/2002)

June 12, 2002

June 12, 2002

NOTICE case ordered from archives on November 16, 2006.(Harris, Bernard) (Entered: 11/16/2006)

Nov. 16, 2006

Nov. 16, 2006

NOTICE case received from archives on November 28, 2006. (Harris, Bernard) (Entered: 11/28/2006)

Nov. 28, 2006

Nov. 28, 2006

NOTICE case returned to archives on December 15, 2006. (Harris, Bernard) (Entered: 12/15/2006)

Dec. 15, 2006

Dec. 15, 2006

Case Details

State / Territory: New York

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: July 6, 1979

Closing Date: 2002

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All aliens residing in New York State under color of law who have applied or attempted to apply for Medicaid but have been or would be denied Medicaid on the basis of their alienage.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Legal Services/Legal Aid

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Department of Health and Human Services, Federal

New York State Department of Social Services, State

City of New York (New York), City

Case Details

Causes of Action:

42 U.S.C. § 1983

Ex Parte Young (Federal) or Bivens

Constitutional Clause(s):

Equal Protection

Availably Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Order Duration: 1987 - 0

Content of Injunction:

Preliminary relief granted

Issues

General:

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

Immigration/Border:

Constitutional rights

Family Separation

Undocumented immigrants - rights and duties