CEREBRAL PALSY ASSOCIATION OF NASSAU COUNTY, INC. et al v. AZAR
| CEREBRAL PALSY ASSOCIATIONS OF NEW YORK STATE, INC. doing business as CONSTRUCTIVE PARTNERSHIPS UNLIMITED, D.M., CEREBRAL PALSY ASSOCIATION OF NASSAU COUNTY, INC., D.P., S.P., INDEPENDENT GROUP HOME LIVING PROGRAM, INC., R.M., HEARTSHARE HUNMAN SERVICES OF NEW YORK and NEW YORK INTEGRATED NETWORK FOR PERSONS WITH INTELLECTUAL AND DEVELOPMENTAL DISABILITIES |
| ALEX M. AZAR, II |
| 1:2020cv03718 |
| December 17, 2020 |
| US District Court for the District of Columbia |
| Emmet G Sullivan |
| Other Statutory Actions |
| 05 U.S.C. § 0706 |
| None |
Docket Report
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This docket was last retrieved on February 10, 2021. A more recent docket listing may be available from PACER.
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Filing 19
MEMORANDUM OPINION AND ORDER denying as moot #7 Motion for Preliminary Injunction; granting #14 Motion to Dismiss. Signed by Judge Emmet G. Sullivan on 2/10/2021. (lcegs3)
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| Filing 18 MOTION to Vacate Order,, by ALEX M. AZAR, II. (Attachments: #1 Text of Proposed Order)(Schaefer, Daniel) |
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MINUTE ORDER. In view of the forthcoming Order, the Court hereby CANCELS the Motion Hearing scheduled for February 25, 2021. It is FURTHER ORDERED that #18 motion to vacate order is DENIED AS MOOT. Signed by Judge Emmet G. Sullivan on 2/10/2021. (lcegs3)
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| Filing 17 REPLY to opposition to motion re #14 MOTION to Dismiss filed by ALEX M. AZAR, II. (Attachments: #1 Exhibit 3)(Schaefer, Daniel) |
| Set/Reset Hearings: Preliminary Injunction Hearing set for 2/25/2021 at 11:00 AM in Telephonic/VTC before Judge Emmet G. Sullivan. (mac) |
| Filing 16 Memorandum in opposition to re #14 MOTION to Dismiss filed by CEREBRAL PALSY ASSOCIATION OF NASSAU COUNTY, INC., CEREBRAL PALSY ASSOCIATIONS OF NEW YORK STATE, INC., D.M., D.P., HEARTSHARE HUNMAN SERVICES OF NEW YORK, INDEPENDENT GROUP HOME LIVING PROGRAM, INC., NEW YORK INTEGRATED NETWORK FOR PERSONS WITH INTELLECTUAL AND DEVELOPMENTAL DISABILITIES, R.M., S.P.. (Attachments: #1 Copy of Reply Memorandum, #2 Text of Proposed Order)(Webster, Stephanie) |
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MINUTE ORDER. The Court hereby schedules a hearing on #7 Motion for Preliminary Injunction for February 25, 2021 at 11:00 AM via video teleconference. In view of the government's representations that New York State's Medicaid payment rate cuts for home and community-based services to individuals with disabilities will not go into effect until April 21, 2021 at the earliest, the Court finds that this hearing date will not prejudice the parties. The parties shall contact Mr. Mark Coates, the Courtroom Deputy Clerk, for the dial-in information. Signed by Judge Emmet G. Sullivan on 2/2/2021. (lcegs3)
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| Filing 15 REPLY to opposition to motion re #7 MOTION for Preliminary Injunction filed by CEREBRAL PALSY ASSOCIATION OF NASSAU COUNTY, INC., CEREBRAL PALSY ASSOCIATIONS OF NEW YORK STATE, INC., D.M., D.P., HEARTSHARE HUNMAN SERVICES OF NEW YORK, INDEPENDENT GROUP HOME LIVING PROGRAM, INC., NEW YORK INTEGRATED NETWORK FOR PERSONS WITH INTELLECTUAL AND DEVELOPMENTAL DISABILITIES, R.M., S.P.. (Webster, Stephanie) |
| Filing 14 MOTION to Dismiss by ALEX M. AZAR, II. (Attachments: #1 Memorandum in Support, #2 Exhibit 1, #3 Exhibit 2, #4 Text of Proposed Order)(Schaefer, Daniel) |
| Filing 13 Memorandum in opposition to re #7 MOTION for Preliminary Injunction filed by ALEX M. AZAR, II. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Schaefer, Daniel) |
| Filing 12 Joint STATUS REPORT by CEREBRAL PALSY ASSOCIATION OF NASSAU COUNTY, INC., CEREBRAL PALSY ASSOCIATIONS OF NEW YORK STATE, INC., D.M., D.P., HEARTSHARE HUNMAN SERVICES OF NEW YORK, INDEPENDENT GROUP HOME LIVING PROGRAM, INC., NEW YORK INTEGRATED NETWORK FOR PERSONS WITH INTELLECTUAL AND DEVELOPMENTAL DISABILITIES, R.M., S.P.. (Attachments: #1 Text of Proposed Order Plaintiffs' Proposed Order, #2 Text of Proposed Order Defendant's Proposed Order)(Webster, Stephanie) |
| Filing 11 NOTICE of Appearance by Daniel Patrick Schaefer on behalf of All Defendants (Schaefer, Daniel) |
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MINUTE ORDER. In view of #12 joint status report, the parties shall abide by the following briefing schedule: Defendant shall file its opposition to Plaintiffs' motion for preliminary injunction by no later than January 19, 2021; Plaintiffs shall file their reply by no later than January 22, 2021. Signed by Judge Emmet G. Sullivan on 1/14/2021. (lcegs3)
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| Set/Reset Deadlines: Defendant Opposition To Plaintiffs' Motion For Preliminary Injunction due by 1/19/2021. Plaintiffs Reply due by 1/22/2021. (mac) |
| Filing 10 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 12/22/2020. Answer due for ALL FEDERAL DEFENDANTS by 2/20/2021. (Webster, Stephanie) |
| Filing 9 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 12/28/2020. (Webster, Stephanie) |
| Filing 8 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. ALEX M. AZAR, II served on 12/28/2020 (Webster, Stephanie) |
| Filing 7 MOTION for Preliminary Injunction by CEREBRAL PALSY ASSOCIATION OF NASSAU COUNTY, INC., CEREBRAL PALSY ASSOCIATIONS OF NEW YORK STATE, INC., D.M., D.P., HEARTSHARE HUNMAN SERVICES OF NEW YORK, INDEPENDENT GROUP HOME LIVING PROGRAM, INC., NEW YORK INTEGRATED NETWORK FOR PERSONS WITH INTELLECTUAL AND DEVELOPMENTAL DISABILITIES, R.M., S.P. (Attachments: #1 Exhibit Exhibit Index, #2 Exhibit Exhibit A, #3 Exhibit Exhibit B, #4 Exhibit Exhibit C, #5 Exhibit Exhibit D, #6 Exhibit Exhibit E, #7 Exhibit Exhibit F, #8 Exhibit Exhibit G, #9 Exhibit Exhibit H, #10 Text of Proposed Order, #11 Certificate of Service)(Webster, Stephanie) |
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MINUTE ORDER. In view of #7 plaintiffs' motion for preliminary injunction, plaintiffs are HEREBY DIRECTED to contact forthwith the United States Attorneys Office for the District of Columbia and/or the Department of Justice as appropriate to identify government counsel. The parties shall thereafter file a joint status report by no later than January 14, 2021 at 12:00 PM with recommendations for further proceedings, including, inter alia, (1) whether plaintiffs' motion for a preliminary injunction should be consolidated with the merits under Federal Rule of Civil Procedure 65; and (2) recommendations for further proceedings including, if necessary, a briefing schedule for plaintiffs' motion for a preliminary injunction. Signed by Judge Emmet G. Sullivan on 1/12/2021. (lcegs3)
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| Set/Reset Deadlines: Joint Status Report due no later than 12:00PM on 1/14/2021 (mac) |
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Filing 6
STANDING ORDER: The parties are directed to read the attached Standing Order Governing Civil Cases Before Judge Emmet G. Sullivan in its entirety upon receipt. The parties are hereby ORDERED to comply with the directives in the attached Standing Order. Signed by Judge Emmet G. Sullivan on 12/22/20. (Attachment: #1 Exhibit 1) (mac)
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| Filing 5 SUMMONS (3) Issued Electronically as to ALEX M. AZAR, II, U.S. Attorney and U.S. Attorney General (Attachment: #1 Notice and Consent)(adh, ) |
| Filing 4 LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by CEREBRAL PALSY ASSOCIATION OF NASSAU COUNTY, INC., CEREBRAL PALSY ASSOCIATIONS OF NEW YORK STATE, INC., HEARTSHARE HUNMAN SERVICES OF NEW YORK, INDEPENDENT GROUP HOME LIVING PROGRAM, INC. (zjf) |
| Filing 3 COMPLAINT against ALEX M. AZAR, II ( Filing fee $ 402, receipt number 4616) filed by HEARTSHARE HUNMAN SERVICES OF NEW YORK, CEREBRAL PALSY ASSOCIATIONS OF NEW YORK STATE, INC., D.M., D.P., INDEPENDENT GROUP HOME LIVING PROGRAM, INC., CEREBRAL PALSY ASSOCIATION OF NASSAU COUNTY, INC., R.M., S.P. (Attachments: #1 Exhibit A, #2 Civil Cover Sheet, #3 Summons, #4 Summons, #5 Summons) (zjf) |
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Filing 2
SEALED ORDER re #1 Sealed MOTION to Proceed Under Pseudonym filed by D.P., R.M. (This document is SEALED and only available to authorized persons.)Signed by Chief Judge Beryl A. Howell on 12/17/2020. (See Order For Full Details)(zjf)
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| Filing 1 Sealed MOTION to Proceed Under Pseudonym by D.P., R.M. (Attachments): #1 Memorandum in Support, #2 Exhibit A, #3 Exhibit B, #4 Text of Proposed Order) (zjf). |
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