Davis et al v. Shah

Davis et al v. Shah

Plaintiff:	Harry Davis, Rita-Marie Geary, Patty Poole and Roberta Wallach
Defendant:	Nirav Shah
Case Number:	6:2012cv06134
Filed:	March 14, 2012
Court:	US District Court for the Western District of New York
Office:	Rochester Office
County:	Monroe
Presiding Judge:	Marian W Payson
Referring Judge:	Charles J Siragusa
Nature of Suit:	Civil Rights: Other
Cause of Action:	42 U.S.C. § 1383 Review of HHS Decision
Jury Demanded By:	Defendant

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Docket Report

This docket was last retrieved on June 22, 2017. A more recent docket listing may be available from PACER.

Date Filed	Document Text
June 22, 2017	Filing 56 DECISION AND ORDER granting #52 Motion for Attorney Fees. Plaintiffs' application [#52] for attorneys fees and costs is granted. Plaintiffs are awarded total fees and disbursements in the amount of $397,609.08. Signed by Hon. Charles J. Siragusa on 6/22/17. (KAP)
March 21, 2017	Filing 55 REPLY Memorandum in Support in re #52 MOTION for Attorney Fees by Harry Davis. (Attachments: #1 Declaration, #2 Declaration)(Hale, Geoffrey) Modified on 3/21/2017 (JHF).
March 21, 2017	E-Filing Notification: revised docket text of #55 to "REPLY Memorandum in Support" to reflect the correct filing event. (JHF)
March 7, 2017	Filing 54 MEMORANDUM in Opposition re #52 MOTION for Attorney Fees filed by Nirav Shah. (Benitez, J. Richard)
February 15, 2017	Filing 53 MOTION SCHEDULING ORDER re #52 MOTION for Attorney Fees filed by Harry Davis. ( Responses due by 3/7/2017. Replies due by 3/21/2017.). The Court will either schedule oral argument or issue a written decision without argument. Signed by Hon. Charles J. Siragusa on 2/15/17. Copy of this order and the NEF mailed to Martha Jane Perkins, Esq., National Health Law Program, 101 East Weaver St., Suite G-7, Carrboro, NC 27510 (KAP)
February 3, 2017	Filing 52 MOTION for Attorney Fees by Harry Davis. (Attachments: #1 Memorandum in Support, #2 Affidavit, #3 Exhibit to Hale Affidavit, #4 Affidavit, #5 Exhibit to Hetherington Affidavit, #6 Affidavit, #7 Affidavit, #8 Affidavit)(Hale, Geoffrey)
July 1, 2016	Filing 51 AGREED UPON ORDER FOR DECLARATORY AND PERMANENT INJUNCTIVE RELIEF.. Signed by Hon. Charles J. Siragusa on 7/1/16. (KAP)
June 7, 2016	Filing 50 TEXT ORDER granting defendant's request for extension of time to submit status report. ( Status Report due by 6/28/2016.). Signed by Hon. Charles J. Siragusa on 6/7/16. (KAP)
April 25, 2016	Filing 49 Minute Entry for proceedings held before Hon. Charles J. Siragusa: Geoffrey Hale, Esq. appearing on behalf of plaintiffs. J. Richard Benitez, Esq. appearing on behalf of defendant. Status Conference held on 4/25/2016. Counsel to submit a proposed stipulation to the Court for signature by 6/9/2015 re the scope of the injunctive relief. (Court Reporter FTR GOLD.) (KJA)
April 18, 2016	NOTICE of Hearing: Status Conference set for 4/25/2016 09:30 AM before Hon. Charles J. Siragusa. (KAP)
April 14, 2016	Filing 48 ORDERED, ADJUDGED AND DECREED that #47 USCA Mandate is made Judgment of this Court. Signed by Hon. Charles J. Siragusa on 4/14/16. (JHF)
April 14, 2016	Filing 47 MANDATE of USCA as to #45 Notice of Appeal filed by Nirav Shah: IT IS HEREBY ORDERED, ADJUDGED and DECREED that the district court's judgment is VACATED as to plaintiff's claims under the Medicaid Act's reasonable standards provision and AFFIRMED as to plaintiffs' claims under the home health services, due process, the comparability provisions of the ACT, and under Title II of the ADA and 504 of the Rehabilitation Act. The injunction issued by the district court is VACATED and the case is REMANDED to the district court for reconsideration of appropriate relief. (JHF)
March 17, 2014	Notice of Appeal filing fee received from Nirav Shah: $505.00, receipt number ROC007106. (JHF)
February 28, 2014	Filing 46 STIPULATION AND ORDER concerning attorneys' fees. Signed by Hon. Charles J. Siragusa on 2/27/14. (KAP)
February 25, 2014	Pursuant to Local Rule 12.1 of the US Court of Appeals for the Second Circuit, Forms C and D must be completed within 14 days after the filing of a notice of appeal. Forms C and D can be obtained at: www.ca2.uscourts.gov (JHF)
February 24, 2014	Filing 45 NOTICE OF APPEAL as to #43 Judgment by Nirav Shah. (Benitez, J. Richard)
February 20, 2014	Filing 44 MANDATE of USCA as to #40 Notice of Appeal filed by Nirav Shah: The parties in the above-referenced case have filed a stipulation withdrawing this appealpursuant to FRAP 42. The stipulation is hereby "So Ordered". (JHF)
January 29, 2014	Filing 43 JUDGMENT administratively closing the matter pursuant to #42 Decision and Order for Declaratory and Injunctive Relief. Signed by Clerk on 1/29/14. (JHF)
January 28, 2014	Filing 42 -CLERK TO FOLLOW UP-DECISION AND ORDER FOR DECLARATORY AND INJUNCTIVE RELIEF.. Signed by Hon. Charles J. Siragusa on 1/27/14. (Attachments: #1 Exhibit)(KAP)
January 15, 2014	Notice of Appeal filing fee received: $505.00, receipt number ROC007001. (JHF)
January 9, 2014	Filing 41 CLERK'S CERTIFICATE/INDEX filed and electronically sent to Court of Appeals. (JHF)
January 8, 2014	Filing 40 NOTICE OF APPEAL as to #39 Order on Motion for Summary Judgment,,,,,,, by Nirav Shah. (Benitez, J. Richard)
December 16, 2013	NOTICE cancelling status conference scheduled for 12/17/13 at the request of counsel. (KAP)
December 9, 2013	Filing 39 DECISION AND ORDER granting in part and denying in part #26 Motion for Summary Judgment; granting in part and denying in part #28 Motion for Summary Judgment. The parties cross-motions for summary judgment [#26][#28] are each granted-in-part and denied-in-part as follows: Plaintiffs motion [#26] is denied as to the home health services claim and the due process hearing claim, but is otherwise granted, while Defendants motion [#28] is granted only as to the home health services claim and the due process hearing claim, but is otherwise denied. Plaintiffs are entitled to permanent injunctive relief. The parties shall settle and submit a proposed Order concerning such injunctive relief within fourteen (14) days of the date of this Decision and Order.Signed by Hon. Charles J. Siragusa on 12/9/13. (KAP)
December 5, 2013	AMENDED NOTICE of Hearing: Status Conference set for 12/17/2013 09:30 AM before Hon. Charles J. Siragusa. PLEASE NOTE CHANGE IN DATE AND TIME. (KAP)
November 18, 2013	Filing 38 Supplemental Briefing in Support re #26 MOTION for Summary Judgment filed by Harry Davis, Rita-Marie Geary, Patty Poole, Roberta Wallach. (JHF)
November 18, 2013	E-Filing Notification: revised docket text of #26 MOTION for Summary Judgment to include all the filers. (JHF)
November 1, 2013	Filing 37 NOTICE of Hearing: Status Conference set for 12/18/2013 10:45 AM before Hon. Charles J. Siragusa. (KAP)
February 1, 2013	Filing 36 ORDER GRANTING PRELIMINARY INJUNCTIVE RELIEF TO CLASS MEMBERS. Signed by Hon. Charles J. Siragusa on 1/31/13. (KAP)
January 7, 2013	Filing 35 ORDER GRANTING CLASS CERTIFICATION. Signed by Hon. Charles J. Siragusa on 1/7/13. (KAP)
December 13, 2012	Filing 34 AMENDED COMPLAINT Davis et al against Nirav Shah, filed by Harry Davis.(Hale, Geoffrey)
December 12, 2012	Filing 33 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings (Motion) held on 11/29/12, before Judge Charles J. Siragusa. Court Reporter/Transcriber Karen J. Bush, Telephone number 585-613-4312. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/2/2013. Redacted Transcript Deadline set for 1/14/2013. Release of Transcript Restriction set for 3/12/2013. (JHF)
November 29, 2012	Filing 32 Minute Entry for proceedings held before Hon. Charles J. Siragusa: Geoffrey Hale and Jonathan Feldman appearing on behalf of plaintiffs. J. Richard Benitez appearing on behalf of defendant. Motion Hearing held on 11/29/2012 re #2 MOTION to Certify Class filed by Harry Davis, Patty Poole, Roberta Wallach, Rita-Marie Geary. Court denies application and directs defense counsel to submit a status letter to the Court by 12/6/2012 to advise if case can be resolved. If not, Court directs plaintiffs' counsel to amend the Complaint and submit renewed Motion to Certify, together with a proposed Order, to the Court by 12/13/2012. Defense counsel is to file objections to the Order, if any, by 12/20/2012. (KJA)
November 28, 2012	Filing 31 RESPONSE in Opposition re #28 MOTION for Summary Judgment and Response to Docket #26 filed by Harry Davis. (Hale, Geoffrey)
November 27, 2012	Filing 30 ORDER GRANTING PRELIMINARY INJUNCTIVE RELIEF TO NAMED INDIVIDUALS.. Signed by Hon. Charles J. Siragusa on 11/26/12. (KAP)
November 13, 2012	Filing 29 AMENDED MOTION SCHEDULING ORDER re #2 MOTION to Certify Class filed by Harry Davis, Patty Poole, Roberta Wallach, Rita-Marie Geary, ( Motion Hearing set for 11/29/2012 03:00 PM before Hon. Charles J. Siragusa.). Signed by Hon. Charles J. Siragusa on 11/9/12. (KAP)
November 7, 2012	Filing 28 MOTION for Summary Judgment and Response to Docket #26 by Nirav Shah. (Attachments: #1 Memorandum in Support Memo in Support Defendant's MSJ and in Response to Plaintiffs' MSJ, #2 Statement of Undisputed Facts Statement in Support of Defendant's MSJ and Response to Plaintiffs' MSJ, #3 Affidavit Declaration in support of Defendant's MSJ and in response to Plaintiffs' MSJ, #4 Affidavit Affidavit in Support of Defendant's MSJ and in response to Plaintiff's MSJ)(Benitez, J. Richard)
October 25, 2012	Filing 27 AMENDED SCHEDULING ORDER (Please Note: This docket text may not contain the entire contents of the attached Order. It is your responsibility to read the attached Order and download it for future reference. Direct any questions to the Chambers of the Judge who entered this Order.) Defendant's Response/Cross-Motion due by 11/7/2012. Plaintiffs' Replies/Response to Cross-Motion due by 11/28/2012. Defendant's Replies due by 12/14/2012. Signed by Hon. Marian W. Payson on 10/25/2012. (KAH)
October 1, 2012	Filing 26 MOTION for Summary Judgment by Harry Davis, Roberta Wallach, Patty Poole, Rita-Marie Geary. (Attachments: #1 Statement of Undisputed Facts, #2 Memorandum in Support, #3 Affidavit)(Hale, Geoffrey) Modified on 11/19/2013 (JHF).
September 12, 2012	Filing 25 REPLY to Response to Motion re #2 MOTION to Certify Class filed by Harry Davis. (Hale, Geoffrey)
August 17, 2012	Filing 24 MEMORANDUM in Opposition re #2 MOTION to Certify Class filed by Nirav Shah. (Attachments: #1 Affidavit Affidavit in Opposition to Motion)(Benitez, J. Richard)
July 18, 2012	Filing 23 Minute Entry for proceedings held before Hon. Marian W. Payson: Scheduling Conference held on 7/18/2012. Appearances: Geoffrey A. Hale, Esq. for plaintiff; J. Richard Benitez, Esq. for defendant (CAM)
July 18, 2012	Filing 22 SCHEDULING ORDER (Please Note: This docket text may not contain the entire contents of the attached Order. It is your responsibility to read the attached Order and download it for future reference. Direct any questions to the Chambers of the Judge who entered this Order.) Plaintiffs' Dispositive Motion due by 10/1/2012. Defendant's Responses/Cross-Motion due by 10/31/2012. Plaintiffs' Replies due by 11/21/2012. Defendant's Replies due by 12/14/2012. Signed by Hon. Marian W. Payson on 7/18/2012. (KAH)
July 13, 2012	Filing 21 REPORT of Rule 26(f) Planning Meeting. (Hale, Geoffrey)
July 13, 2012	Filing 20 MOTION SCHEDULING ORDER re #2 MOTION to Certify Class filed by Harry Davis, Patty Poole, Roberta Wallach, Rita-Marie Geary, ( Responses due by 8/17/2012., Replies due by 9/14/2012., Motion Hearing set for 11/15/2012 03:00 PM before Hon. Charles J. Siragusa.). Signed by Hon. Charles J. Siragusa on 7/13/12. (KAP)
July 13, 2012	Filing 19 ORDER GRANTING PRELIMINARY INJUNCTIVE RELIEF TO NAMED INDIVIDUALS. ORDERED, that defendant Shah is enjoined from denying Medicaid coverage for medically necessary orthopedic footwear and compression stockings to the following individuals consistent with the orders of their respective physician or other authorized medical provider: Diane Adele Pomeroy, Mary Carol LaRocca, Dorothy Kurbanick, and Shaquanda Stubbs. Signed by Hon. Charles J. Siragusa on 7/13/12. (KAP)
June 29, 2012	Filing 18 ORDER (Scheduling Conference set for 7/18/2012 10:40 AM before Hon. Marian W. Payson.) Signed by Hon. Marian W. Payson on 6/29/2012. (KAH)
May 15, 2012	Pro Hac Vice fee as to Martha Jane Perkins and Sarah Jane Somers received: $150, receipt number ROC005829. (JHF)
May 14, 2012	Filing 17 ORDER granting #7 Motion for Martha Jane Perkins and Sarah Jane Somers to appear Pro Hac Vice. Such admissions shall be effective upon the payment of the admission fee to the Clerk of the Court. Signed by Hon. Marian W. Payson on 5/14/12. (CAM)
May 8, 2012	Filing 16 TEXT ORDER REFERRING CASE to Magistrate Judge Hon. Marian W. Payson. The Magistrate Judge is hereby designated to act in this case as follows: Pursuant to 28 U.S.C. Section 636(b)(1)(A), all pre-trial matters in this case are referred to the above-named United States Magistrate Judge, including but not limited to: (1) conduct of a scheduling conference and entry of a scheduling order pursuant to Fed. R. Civ. P. 16, (2) hearing and disposition of all non-dispositive motions or applications, (3) supervision of discovery, and (4) supervision of all procedural matters involving the aforementioned or involving the preparation of the case or any matter therein for consideration by the District Judge. All non-dispositive motions or applications shall be filed with the Clerk and made returnable before the Magistrate Judge. The parties are encouraged to consider the provisions of 28 U.S.C. Section 636(c) governing consent to either partial or complete disposition of the case, including trial if necessary, by the Magistrate Judge. Consent forms are available from the office of the Magistrate Judge or the office of the Clerk of Court. IT IS SO ORDERED. Signed by Hon. Charles J. Siragusa on 5/8/12. (KJA)
May 3, 2012	Filing 15 DECISION AND ORDER granting #8 Motion for TRO; granting #8 Motion to Expedite. Defendant is enjoined from denying Medicaid coverage to Harry Davis and Rita-Marie Geary, for prescription footwear, and to Patty Poole, for prescription compression stockings, pending a further order of this Court. Signed by Hon. Charles J. Siragusa on 5/2/12. (KAP)
April 20, 2012	Filing 14 Minute Entry for proceedings held before Hon. Charles J. Siragusa: Geoffrey Hale and Bryan Hetherington appearing on behalf of plaintiffs. J. Richard Benitez appearing on behalf of defendant. Motion Hearing held on 4/20/2012 re #3 MOTION for Preliminary Injunction filed by Harry Davis, Patty Poole, Roberta Wallach, Rita-Marie Geary. Motions Submitted: #3 MOTION for Preliminary Injunction. Court will issue a written decision. (Court Reporter Karen Bush.) (KJA)
April 20, 2012	NOTICE of Hearing on Motion #8 MOTION for Temporary Restraining Order MOTION to Expedite : Motion Hearing set for 4/20/2012 02:00 PM before Hon. Charles J. Siragusa. PLEASE NOTE CHANGE IN TIME. DATE REMAINS THE SAME.(KAP)
April 19, 2012	Filing 13 ANSWER to #1 Complaint by Nirav Shah.(Benitez, J. Richard)
April 11, 2012	Filing 12 REPLY to Response to Motion re #8 MOTION for Temporary Restraining Order MOTION to Expedite filed by Harry Davis. (Attachments: #1 Affidavit)(Hale, Geoffrey)
April 4, 2012	Filing 11 RESPONSE to Motion re #8 MOTION for Temporary Restraining Order MOTION to Expedite filed by Nirav Shah. (Benitez, J. Richard)
April 2, 2012	Filing 10 ORDER re #8 MOTION for Temporary Restraining Order MOTION to Expedite filed by Harry Davis, ( Responses due by 4/4/2012., Replies due by 4/11/2012., Motion Hearing set for 4/20/2012 02:30 PM before Hon. Charles J. Siragusa.). Signed by Hon. Charles J. Siragusa on 3/30/12. (KAP)
April 2, 2012	Filing 9 AFFIDAVIT of Service of Temporary Restraining Order on Notice by Harry Davis filed by Harry Davis. (Hale, Geoffrey)
March 27, 2012	Filing 8 MOTION for Temporary Restraining Order, MOTION to Expedite by Harry Davis. (Attachments: #1 Affidavit attorney declaration, #2 Text of Proposed Order, #3 Exhibit complaint, #4 Exhibit demand letter to defendant, #5 Memorandum in Support)(Hale, Geoffrey)
March 27, 2012	Filing 7 MOTION to appear pro hac vice by Harry Davis. (Attachments: #1 Appendix pro hac vice application for Jane Perkins, #2 Appendix pro hac vice application for Sarah Somers, #3 Text of Proposed Order)(Hale, Geoffrey)
March 27, 2012	Filing 6 AFFIDAVIT of Service for proof of service served on Susan G. Cartier, Senior Attorney on March 16, 2012, filed by Harry Davis. (Hale, Geoffrey)
March 27, 2012	Remark: confirmed NC state bar admission for Martha Jane Perkins and Sarah Jane Somers. (JHF)
March 23, 2012	E-Filing Notification: documents #4 MOTION to appear pro hac vice and #5 MOTION to appear pro hac vice do not contain the required notice of motion and motion papers. Action required: re-file documents with required motion papers. Additionally, the CM/ECF login name and signature on the motion papers must be the same. (JHF)
March 22, 2012	Filing 5 MOTION to appear pro hac vice by Harry Davis.(Feldman, Jonathan)
March 22, 2012	Filing 4 MOTION to appear pro hac vice by Harry Davis.(Feldman, Jonathan)
March 14, 2012	Filing 3 MOTION for Preliminary Injunction by Harry Davis, Rita-Marie Geary, Patty Poole, Roberta Wallach. Attachments: #1 Memorandum in Support, #2 Attorney Declaration in Support, #3 Declarations, #4 Proposed Order.(JHF)
March 14, 2012	Filing 2 MOTION to Certify Class by Harry Davis, Rita-Marie Geary, Patty Poole, Roberta Wallach. Attachments: #1 Memorandum in Support, #2 Declaration in Support.(JHF)
March 14, 2012	Filing 1 COMPLAINT against Nirav Shah (Receipt # ROC005714, $350), filed by Harry Davis, Roberta Wallach, Patty Poole, Rita-Marie Geary.(JHF)
March 14, 2012	Summons Issued as to Nirav Shah. (JHF)

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Search for this case: Davis et al v. Shah
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Plaintiff: Harry Davis
Represented By:	Bryan D. Hetherington
Represented By:	Geoffrey A. Hale
Represented By:	Jonathan Feldman
Represented By:	Martha Jane Perkins
Represented By:	Sarah Jane Somers
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Plaintiff: Rita-Marie Geary
Represented By:	Bryan D. Hetherington
Represented By:	Geoffrey A. Hale
Represented By:	Jonathan Feldman
Represented By:	Martha Jane Perkins
Represented By:	Sarah Jane Somers
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Plaintiff: Patty Poole
Represented By:	Bryan D. Hetherington
Represented By:	Geoffrey A. Hale
Represented By:	Jonathan Feldman
Represented By:	Martha Jane Perkins
Represented By:	Sarah Jane Somers
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Plaintiff: Roberta Wallach
Represented By:	Bryan D. Hetherington
Represented By:	Geoffrey A. Hale
Represented By:	Jonathan Feldman
Represented By:	Martha Jane Perkins
Represented By:	Sarah Jane Somers
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Defendant: Nirav Shah
Represented By:	J. Richard Benitez
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