Engesser et al v. McDonald
| Liza Engesser, Marisol Getchius, Geetanjali Seepersaud, Maria Jaime, Brooklyn Center for Independence of the Disabled and Regional Center for Independent Living |
| James V. McDonald |
| 1:2025cv01689 |
| March 26, 2025 |
| U.S. District Court for the Eastern District of New York |
| Frederic Block |
| Lara K Eshkenazi |
| Other Statutory Actions |
| 42 U.S.C. § 1396 - Tort Negligence |
| None |
Docket Report
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This docket was last retrieved on March 27, 2025. A more recent docket listing may be available from PACER.
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| Filing 31 AFFIDAVIT of Service for Complaint, exhibits and TRO and PI related motions served on New York State Attorney General's office on March 27, 2025, filed by Brooklyn Center for Independence of the Disabled, Liza Engesser, Marisol Getchius, Maria Jaime, Regional Center for Independent Living, Geetanjali Seepersaud. (Brill, Emma) |
| Filing 30 Summons Issued as to James V. McDonald. (MI) |
| Filing 29 Proposed Summons. by Brooklyn Center for Independence of the Disabled, Liza Engesser, Marisol Getchius, Maria Jaime, Regional Center for Independent Living, Geetanjali Seepersaud (Cleary, Lisa) |
Filing 28
ORDER: Granting plaintiffs #17 application to file a memorandum of law in support of their motion for a temporary restraining order and a preliminary injunction in excess of the limits set forth in Local Rule 7.1(c). Ordered by Judge Frederic Block on 3/27/2025. (MI) (Main Document 28 replaced on 3/27/2025) (MI).
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| Filing 27 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (CV) |
| Filing 26 Clerk's Notice Re: Consent. A United States Magistrate Judge has been assigned to this case and is available to conduct all proceedings. In accordance with Rule 73 of the Federal Rules of Civil Procedure, Local Rule 73.1, the parties are notified that if all parties consent, the assigned Magistrate Judge is available to conduct all proceedings in this action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to this Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent.The form may also be accessed at the following link: #https://img.nyed.uscourts.gov/files/forms/MJConsentForm.pdf (CV) |
| Filing 25 NOTICE of Appearance by Elizabeth A. Jois on behalf of All Plaintiffs (aty to be noticed) (Jois, Elizabeth) |
| Filing 24 NOTICE of Appearance by Julia Grossman Russell on behalf of Brooklyn Center for Independence of the Disabled, Liza Engesser, Marisol Getchius, Maria Jaime, Regional Center for Independent Living, Geetanjali Seepersaud (aty to be noticed) (Russell, Julia) |
| Filing 23 NOTICE of Appearance by Caitlin Ross on behalf of Brooklyn Center for Independence of the Disabled, Liza Engesser, Marisol Getchius, Maria Jaime, Regional Center for Independent Living, Geetanjali Seepersaud (aty to be noticed) (Ross, Caitlin) |
| Filing 22 NOTICE of Appearance by Emma Guido Brill on behalf of Brooklyn Center for Independence of the Disabled, Liza Engesser, Marisol Getchius, Maria Jaime, Regional Center for Independent Living, Geetanjali Seepersaud (aty to be noticed) (Brill, Emma) |
| Filing 21 AFFIDAVIT/DECLARATION in Support re #19 MOTION to Certify Class of Julia Russell filed by Brooklyn Center for Independence of the Disabled, Liza Engesser, Marisol Getchius, Maria Jaime, Regional Center for Independent Living, Geetanjali Seepersaud. (Cleary, Lisa) |
| Filing 20 MEMORANDUM in Support re #19 MOTION to Certify Class filed by Brooklyn Center for Independence of the Disabled, Liza Engesser, Marisol Getchius, Maria Jaime, Regional Center for Independent Living, Geetanjali Seepersaud. (Attachments: #1 Proposed Order) (Cleary, Lisa) |
| Filing 19 MOTION to Certify Class by Brooklyn Center for Independence of the Disabled, Liza Engesser, Marisol Getchius, Maria Jaime, Regional Center for Independent Living, Geetanjali Seepersaud. (Cleary, Lisa) |
| Filing 18 MEMORANDUM in Support re #17 MOTION for Leave to File Excess Pages filed by Brooklyn Center for Independence of the Disabled, Liza Engesser, Marisol Getchius, Maria Jaime, Regional Center for Independent Living, Geetanjali Seepersaud. (Cleary, Lisa) |
| Filing 17 MOTION for Leave to File Excess Pages by Brooklyn Center for Independence of the Disabled, Liza Engesser, Marisol Getchius, Maria Jaime, Regional Center for Independent Living, Geetanjali Seepersaud. (Attachments: #1 Proposed Order) (Cleary, Lisa) |
| Filing 16 MEMORANDUM in Support re #15 MOTION for Bond to be Waived for Temporary Restraining Order and Preliminary Injunction filed by Brooklyn Center for Independence of the Disabled, Liza Engesser, Marisol Getchius, Maria Jaime, Regional Center for Independent Living, Geetanjali Seepersaud. (Cleary, Lisa) |
| Filing 15 MOTION for Bond to be Waived for Temporary Restraining Order and Preliminary Injunction by Brooklyn Center for Independence of the Disabled, Liza Engesser, Marisol Getchius, Maria Jaime, Regional Center for Independent Living, Geetanjali Seepersaud. (Cleary, Lisa) |
| Filing 14 AFFIDAVIT/DECLARATION in Support re #4 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction of Rachel Holtzman filed by Brooklyn Center for Independence of the Disabled, Liza Engesser, Marisol Getchius, Maria Jaime, Regional Center for Independent Living, Geetanjali Seepersaud. (Cleary, Lisa) |
| Filing 13 AFFIDAVIT/DECLARATION in Support re #4 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction of Elizabeth Jois filed by Brooklyn Center for Independence of the Disabled, Liza Engesser, Marisol Getchius, Maria Jaime, Regional Center for Independent Living, Geetanjali Seepersaud. (Attachments: #1 Exhibit A - NYLAG Letter re Due Process for CDPAP Recipients, #2 Exhibit B - Administrative Directive re Fiscal Intermediary, #3 Exhibit C - DOH Template Letter, #4 Exhibit D - Policy Guidance re Medicaid Managed Plans) (Cleary, Lisa) |
| Filing 12 AFFIDAVIT/DECLARATION in Support re #4 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction of Joseph G. Rappaport filed by Brooklyn Center for Independence of the Disabled, Liza Engesser, Marisol Getchius, Maria Jaime, Regional Center for Independent Living, Geetanjali Seepersaud. (Cleary, Lisa) |
| Filing 11 AFFIDAVIT/DECLARATION in Support re #4 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction of Brooke Erickson filed by Brooklyn Center for Independence of the Disabled, Liza Engesser, Marisol Getchius, Maria Jaime, Regional Center for Independent Living, Geetanjali Seepersaud. (Cleary, Lisa) |
| Filing 10 AFFIDAVIT/DECLARATION in Support re #4 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction of Savitri Seepersaud filed by Brooklyn Center for Independence of the Disabled, Liza Engesser, Marisol Getchius, Maria Jaime, Regional Center for Independent Living, Geetanjali Seepersaud. (Cleary, Lisa) |
| Filing 9 AFFIDAVIT/DECLARATION in Support re #4 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction of Marisol Getchius filed by Brooklyn Center for Independence of the Disabled, Liza Engesser, Marisol Getchius, Maria Jaime, Regional Center for Independent Living, Geetanjali Seepersaud. (Cleary, Lisa) |
| Filing 8 AFFIDAVIT/DECLARATION in Support re #4 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction of Maria Jaime filed by Brooklyn Center for Independence of the Disabled, Liza Engesser, Marisol Getchius, Maria Jaime, Regional Center for Independent Living, Geetanjali Seepersaud. (Cleary, Lisa) |
| Filing 7 AFFIDAVIT/DECLARATION in Support re #4 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction of Liza Engesser filed by Brooklyn Center for Independence of the Disabled, Liza Engesser, Marisol Getchius, Maria Jaime, Regional Center for Independent Living, Geetanjali Seepersaud. (Cleary, Lisa) |
| Filing 6 AFFIDAVIT/DECLARATION in Support re #4 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction of Lisa E. Cleary filed by Brooklyn Center for Independence of the Disabled, Liza Engesser, Marisol Getchius, Maria Jaime, Regional Center for Independent Living, Geetanjali Seepersaud. (Attachments: #1 Exhibit A - Admin Directive, #2 Exhibit B - DOH Template Letter, #3 Exhibit C - Redacted Notice of Intent to Discontinue Medicaid Redacted, #4 Exhibit D - CDPAP Website, #5 Exhibit E - Affirmation of Amir Bassiri, #6 Exhibit F - Littler publication, #7 Exhibit G - March 24, 2025 Press Release, #8 Exhibit H - As CDPAP deadline nears, calls for an extension grow_, #9 Exhibit I - CDR Calls for Extension of CDPAP Transition - Center for Disability Rights, #10 Exhibit J - 2025-03-16_letter_from_commissioner, #11 Exhibit K - NYSDOH Issues Cease and Desist Letter, #12 Exhibit L - NYSDOH Provides Update on Latest CDPAP Transition Progress, #13 Exhibit M - Example of March 13 Letter from HRA_Redacted, #14 Exhibit N - Policy Guidance re Medicaid Managed Plans, #15 Exhibit O - CDPAP SFI Late Registration Payment Policy for April 2025, #16 Exhibit P - Spectrum News 1 Article - Questions loom as N.Y.S. gives 30-day grace period, #17 Exhibit Q - PoliticoPro article 3.23.25) (Cleary, Lisa) |
| Filing 5 MEMORANDUM in Support re #4 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Brooklyn Center for Independence of the Disabled, Liza Engesser, Marisol Getchius, Maria Jaime, Regional Center for Independent Living, Geetanjali Seepersaud. (Attachments: #1 Proposed Order) (Cleary, Lisa) |
| Filing 4 MOTION for Temporary Restraining Order , MOTION for Preliminary Injunction by Brooklyn Center for Independence of the Disabled, Liza Engesser, Marisol Getchius, Maria Jaime, Regional Center for Independent Living, Geetanjali Seepersaud. (Cleary, Lisa) |
| Filing 3 Corporate Disclosure Statement by Regional Center for Independent Living identifying Corporate Parent no parent corporation for Regional Center for Independent Living. (Cleary, Lisa) |
| Filing 2 Corporate Disclosure Statement by Brooklyn Center for Independence of the Disabled identifying Corporate Parent no parent corporation for Brooklyn Center for Independence of the Disabled. (Cleary, Lisa) |
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SCHEDULING ORDER: The in person oral argument scheduled for April 2, 2025 is being advanced by the Court to March 31, 2025 @ 3:00 pm, because the implantation of Part HH of Chapter 57 of the New York Session Laws of 2024 (the CDPAP Amendment) is scheduled to take effect on April 1, 2025. By 5:00 pm today plaintiff shall serve a completed set of their motion papers and a copy of this electronic scheduling order upon the defendants and file proof of service. Upon receipt of this email counsel shall confirm with each other the new date and time of this in person oral argument. Ordered by Judge Frederic Block on 3/27/2025. (MI)
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| Case Assigned to Judge Frederic Block and Magistrate Judge Lara K. Eshkenazi. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (CV) |
| Set/Reset Hearings: In Person Oral Argument set for 4/2/2025 04:30 PM before Judge Frederic Block. (MI) |
| Motions terminated, docketed incorrectly: Plaintiff's motion #19 to certify class. PRIOR TO THE FILING OF ANY SUBSTATIVE MOTION, JUDGE BLOCK REQUIRES A PRE-MOTION CONFERENCE. JUDGE BLOCK'S MOTION RULES ARE LOACTED ON THE COURT'S WEDSITE. (MI) |
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SCHEDULING ORDER: An in person oral argument is scheduled for April 2, 2025 @ 4:30 pm to discuss plaintiff's order to show cause #4 seeking a TRO and preliminary injunction. By 5:00 pm today plaintiff shall serve a completed set of their motion papers and a copy of this electronic scheduling order upon the defendants and file proof of service. Upon receipt of this email counsel shall confirm with each other the new date and time of this in person oral argument. Ordered by Judge Frederic Block on 3/27/2025. (MI)
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| Your proposed summons was not issued for one of the following reasons: The full case caption must appear on the summons., Please correct and resubmit using Proposed Summons/Civil Cover Sheet. (CV) |
| Filing 1 COMPLAINT against James V. McDonald filing fee $ 405, receipt number ANYEDC-18893901 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Regional Center for Independent Living, Maria Jaime, Liza Engesser, Geetanjali Seepersaud, Marisol Getchius, Brooklyn Center for Independence of the Disabled. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons, #3 Exhibit 1 - Example of March 13 Letter from HRA_Redacted, #4 Exhibit 2 - Redacted Notice of Intent to Discontinue Medicaid Redacted, #5 Exhibit 3 - Facebook Post, #6 Exhibit 4 - As CDPAP deadline nears, calls for an extension grow, #7 Exhibit 5 - CDR call for extension, #8 Exhibit 6 - PoliticoPro article 3.23.25, #9 Exhibit 7 - 2025.03.17-PPL-Health-Insurance-Report, #10 Exhibit 8 - March 24, 2025 Press Release, #11 Exhibit 9 - NYLAG Letter re Due Process for CDPAP Recipients) (Cleary, Lisa) |
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