Daniel v. N.Y.S. Dept. of Health et al
| Jean R. Daniel |
| N.Y.S. Dept. of Health, ALJ Kimberly A. O'Brien, Office of the Medicaid Inspector General (OMIG), The Deputy Medicaid Inspector General, Daniel V. Coyne, Stephanie E. Paton, RN, William Rogers, The Town of Brookhaven and John Doe 1 through John Doe 10 |
| New York State Office of the Attorney General |
| 2:2021cv04097 |
| July 21, 2021 |
| US District Court for the Eastern District of New York |
| Diane Gujarati |
| A Kathleen Tomlinson |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 17, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 38 REPLY in Opposition re #2 MOTION for Preliminary Injunction filed by William Rogers, The Town of Brookhaven. (Serfaty, Judah) |
ORDER denying #35 Motion for Extension of Time -- Given the time-sensitivity of this matter, the State Defendants' request for an extension of time is denied. Ordered by Judge Diane Gujarati on 9/17/2021. (Almonte, Kelly)
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| Filing 36 MOTION to Amend/Correct/Supplement #35 MOTION for Extension of Time to File Response/Reply as to Order, Motion Seeking to Extend Time to File Sur-Reply by September 22, 2021 by Daniel V. Coyne, N.Y.S. Dept. of Health, Kimberly A. O'Brien, Office of the Medicaid Inspector General (OMIG), Stephanie E. Paton, RN, The Deputy Medicaid Inspector General. (Dorcheh, Maryam) |
| Filing 37 Mail Returned as Undeliverable. Copy of Order dated 9/14/2021 sent to Jean R. Daniel at address listed. Postal note:" Return to Sender. Attempted - Not Known. Unable To Forward" (Herrera, Isaiah) |
| Filing 35 MOTION for Extension of Time to File Response/Reply as to Order, Motion Seeking to Extend Time to File Sur-Reply by September 22, 2021 by Daniel V. Coyne, N.Y.S. Dept. of Health, Kimberly A. O'Brien, Office of the Medicaid Inspector General (OMIG), Stephanie E. Paton, RN, The Deputy Medicaid Inspector General. (Dorcheh, Maryam) |
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ORDER re: #31 , #32 In light of the new arguments and claims raised in Plaintiff's #31 , #32 Reply, a number of which pertain to #34 Plaintiff's Amended Complaint, the Town and State Defendants are directed to file sur-replies by September 20, 2021. Ordered by Judge Diane Gujarati on 9/14/2021. (Almonte, Kelly)
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ORDER re: #34 -- In light of Plaintiff's Amended Complaint, The Town Defendants' #22 Motion to Dismiss is denied as moot. Should the State and/or Town Defendants decide to file a motion to dismiss, they must do so by October 8, 2021; Plaintiff shall file his opposition(s) by October 29, 2021; and the State and/or Town Defendants shall file their replies by November 12, 2021. Should the State and/or Town Defendants choose instead to answer, any such answer is due by October 8, 2021. Ordered by Judge Diane Gujarati on 9/13/2021. (Almonte, Kelly)
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| Filing 30 CERTIFICATE OF SERVICE by Daniel V. Coyne, N.Y.S. Dept. of Health, Kimberly A. O'Brien, Office of the Medicaid Inspector General (OMIG), Stephanie E. Paton, RN, The Deputy Medicaid Inspector General re #29 Letter, of motion to dismiss papers (Dorcheh, Maryam) |
| Filing 34 AMENDED COMPLAINT against Daniel V. Coyne, John Doe 1 through John Doe 10, N.Y.S. Dept. of Health, Kimberly A. O'Brien, Office of the Medicaid Inspector General (OMIG), Stephanie E. Paton, RN, William Rogers, The Deputy Medicaid Inspector General, The Town of Brookhaven, filed by Jean R. Daniel. (Attachments: #1 Exhibits 1-48) (Herrera, Isaiah) |
| Filing 33 AFFIDAVIT OF SERVICE by Jean R. Daniel (Herrera, Isaiah) |
| Filing 32 AFFIDAVIT in Support re #31 Reply in Support by Jean R. Daniel. (Herrera, Isaiah) |
| Filing 31 REPLY in Support re #2 MOTION for Preliminary Injunction filed by Jean R. Daniel. (Herrera, Isaiah) |
| Filing 29 Letter indicating service of State Defendants' motion to dismiss pursuant to Judge Gujarati's Individual Rule III(b)(4) by Daniel V. Coyne, N.Y.S. Dept. of Health, Kimberly A. O'Brien, Office of the Medicaid Inspector General (OMIG), Stephanie E. Paton, RN, The Deputy Medicaid Inspector General (Dorcheh, Maryam) |
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ORDER denying #26 Motion for Extension of Time to File Response/Reply re to Defendant's motion to dismiss #22 -- Plaintiff's request for additional time is denied. Per the briefing schedule set on August 26, 2021, Plaintiff's time to respond to the Town Defendants' motion to dismiss is October 1, 2021. Ordered by Judge Diane Gujarati on 9/9/2021. (Almonte, Kelly)
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| Filing 28 CERTIFICATE OF SERVICE by Daniel V. Coyne, N.Y.S. Dept. of Health, Kimberly A. O'Brien, Office of the Medicaid Inspector General (OMIG), Stephanie E. Paton, RN, The Deputy Medicaid Inspector General re #19 Memorandum in Opposition, #25 Certificate of Service, #27 Affidavit in Opposition to Motion,, #20 Affidavit in Opposition to Motion,,, #21 Affidavit in Opposition to Motion,, corrected (was missing second page) (Dorcheh, Maryam) |
| Filing 27 AFFIDAVIT/DECLARATION in Opposition re #2 MOTION for Preliminary Injunction Exhibit H to Declaration of Christopher Bedell in Opposition to Plaintiff's Motion for a Preliminary Injunction (which was already served on pro se plaintiff on August 25, 2021) filed by Daniel V. Coyne, N.Y.S. Dept. of Health, Kimberly A. O'Brien, Office of the Medicaid Inspector General (OMIG), Stephanie E. Paton, RN, The Deputy Medicaid Inspector General. (Attachments: #1 Exhibit Ex. H- Response to Notice of Proposed Agency Action dated January 9, 2019) (Dorcheh, Maryam) |
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AMENDED ORDER re #19 , #23 -- The Court's August 26, 2021 docket entry regarding briefing on Plaintiff's #2 Motion for a Preliminary Injunction is amended as follows: Plaintiff's deadline to reply to #19 and #23 is September 9, 2021. Ordered by Judge Diane Gujarati on 8/31/2021. (Almonte, Kelly)
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| Filing 26 Letter MOTION for Extension of Time to File Response/Reply to Defendant's motion to dismiss #22 by Jean R. Daniel. (Herrera, Isaiah) |
| Filing 25 CERTIFICATE OF SERVICE by Daniel V. Coyne, N.Y.S. Dept. of Health, Kimberly A. O'Brien, Office of the Medicaid Inspector General (OMIG), Stephanie E. Paton, RN, The Deputy Medicaid Inspector General re #19 Memorandum in Opposition, #20 Affidavit in Opposition to Motion,,, #21 Affidavit in Opposition to Motion,, (Stanford, Nia) |
| Filing 24 CERTIFICATE OF SERVICE by William Rogers, The Town of Brookhaven re #22 MOTION to Dismiss for Failure to State a Claim , #23 Response in Opposition to Motion , as well as service of Local Rule 7.1 copy of cited unpublished cases upon Pro Se Plaintiff (Serfaty, Judah) |
| Filing 23 RESPONSE in Opposition re: #2 MOTION for Preliminary Injunction filed by William Rogers, The Town of Brookhaven. W/Attachments: #1 Declaration of William Rogers. (Serfaty, Judah) (Modified: Main Document has been replaced.) (Latka-Mucha, Wieslawa) |
| Filing 22 MOTION to Dismiss for Failure to State a Claim by William Rogers, The Town of Brookhaven. (Attachments: #1 Declaration, #2 Exhibit A - Plaintiff's Complaint, #3 Exhibit B - Brookhaven Town Code Provisions, #4 Memorandum in Support) (Serfaty, Judah) |
| Filing 21 AFFIDAVIT/DECLARATION in Opposition re #2 MOTION for Preliminary Injunction additional exhibits to Declaration of Christopher Bedell in Opposition to Plaintiff's Motion for a Preliminary Injunction (exhibits I, J & K) filed by Daniel V. Coyne, N.Y.S. Dept. of Health, Kimberly A. O'Brien, Office of the Medicaid Inspector General (OMIG), Stephanie E. Paton, RN, The Deputy Medicaid Inspector General. (Attachments: #1 Exhibit Ex. I Notice of Agency Action dated January 17, 2020, #2 Exhibit Ex. J Self-Reporting Notification Correspondence, #3 Exhibit Ex. K Withhold Letter dated May 30, 2017) (Dorcheh, Maryam) |
| Filing 20 AFFIDAVIT/DECLARATION in Opposition re #2 MOTION for Preliminary Injunction Declaration of Christopher Bedell in Opposition to Plaintiff's Motion for Preliminary Injunction dated August 18, 2021 filed by Daniel V. Coyne, N.Y.S. Dept. of Health, New York State Office of the Attorney General, Kimberly A. O'Brien, Office of the Medicaid Inspector General (OMIG), Stephanie E. Paton, RN, The Deputy Medicaid Inspector General. (Attachments: #1 Exhibit Ex. A Dove Transport Service, LP Enrollment Form, #2 Exhibit Ex. B Dove Transport Service, LP Website Content, #3 Exhibit Ex. C Information Request dated June 1, 2016, #4 Exhibit Ex. D Information Request dated June 20, 2016, #5 Exhibit Ex. E Town of Brookhaven Correspondence dated August 11, 2016, #6 Exhibit Ex. F Notice of Proposed Agency Action dated December 10, 2018, #7 Exhibit Ex. G Town of Brookhaven Code Excerpts) (Dorcheh, Maryam) |
| Filing 19 MEMORANDUM in Opposition re #2 MOTION for Preliminary Injunction filed by Daniel V. Coyne, N.Y.S. Dept. of Health, Kimberly A. O'Brien, Office of the Medicaid Inspector General (OMIG), Stephanie E. Paton, RN, The Deputy Medicaid Inspector General. (Dorcheh, Maryam) |
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ORDER re #22 Motion to Dismiss for Failure to State a Claim -- Plaintiff shall serve his opposition brief on the Town Defendants by October 1, 2021; the Town Defendants shall serve their reply, if any, on Plaintiff by October 15, 2021, at which point the Town Defendants shall file the fully-briefed motion on ECF in accordance with Individual Rule III.B.4. #22 is accordingly terminated without prejudice to re-filing by October 15, 2021. The State Defendants' deadline to answer, move or otherwise respond to the Complaint remains September 10, 2021. Should the State Defendants move to dismiss the complaint, the briefing schedule for the State Defendants motion will follow the same dates. Thus, Plaintiff shall serve his opposition brief on the State Defendants by October 1, 2021; the State Defendants shall serve their reply, if any, on Plaintiff by October 15, 2021, at which point the State Defendants shall file the fully-briefed motion on ECF in accordance with Individual Rule III.B.4. Ordered by Judge Diane Gujarati on 8/26/2021. (Almonte, Kelly)
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ORDER re #19 , #23 -- Plaintiff's deadline to file a response is September 9, 2021, and Defendants deadline to file a reply, if any, is September 16, 2021. Ordered by Judge Diane Gujarati on 8/26/2021. (Almonte, Kelly)
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| Filing 18 NOTICE of Appearance by Maryam Jazini Dorcheh on behalf of Daniel V. Coyne, N.Y.S. Dept. of Health, Kimberly A. O'Brien, Office of the Medicaid Inspector General (OMIG), Stephanie E. Paton, RN, The Deputy Medicaid Inspector General (aty to be noticed) (Dorcheh, Maryam) |
| Filing 17 AFFIDAVIT OF SERVICE by Jean R. Daniel re #16 Letter dated 8/9/2021. (Lee, Tiffeny) |
| Filing 16 Letter dated 8/9/2021 to Judge Gujarati from Jean R. Daniel, Pro Se. (address updated) (Lee, Tiffeny) |
| Filing 14 AFFIDAVIT/AFFIRMATION Certificate of Service of Order on Motion for Extension of Time to File Response/Reply upon Plaintiff by William Rogers, The Town of Brookhaven (Flores, Jessica) |
| Filing 13 AFFIDAVIT/AFFIRMATION of Service by New York State Office of the Attorney General (Cooney, James) |
| Filing 12 Supplemental MOTION for Extension of Time to File Response/Reply re Motion for Preliminary Injunction by New York State Office of the Attorney General. (Cooney, James) |
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ORDER re #6 MOTION for Extension of Time to File Response/Reply -- Pursuant to Individual Rule I.F.1.v., "[a]ll requests for adjournments or extensions of time must... state... whether the adversary consents, and, if not, the reasons given by the adversary for refusing to consent." Accordingly, by August 4, 2021, the New York State Office of the Attorney General is directed to file a supplemental letter stating the reason(s) given by Plaintiff. Ordered by Judge Diane Gujarati on 8/4/2021. (Almonte, Kelly)
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ORDER granting in part and denying in part #6 , #10 , #12 In light of the parties' letters, all Defendants' time to respond to Plaintiff's Motion for Preliminary Injunction is extended to August 27, 2021, and all Defendants' time to answer, move, or otherwise respond to the Complaint is extended to September 10, 2021. Ordered by Judge Diane Gujarati on 8/4/2021. (Almonte, Kelly)
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| Filing 15 SUMMONS Returned Executed by Jean R. Daniel. Administrative Law Judge Kimberly A. O'Brien; N.Y.S. Dept. of Health; Daniel V. Coyne; Office of the Medicaid Inspector General (OMIG); Stephanie E. Paton, RN; William Rogers; The Town of Brookhaven served on 7/27/2021, answer due 8/17/2021. (Latka-Mucha, Wieslawa) |
| Filing 11 AFFIDAVIT/AFFIRMATION --Certificate of Service of ECF Docs 8, 9, and 10 upon the pro se plaintiff by William Rogers, The Town of Brookhaven (Serfaty, Judah) |
| Filing 10 MOTION for Extension of Time to File --Town Defendants' request for extension to September 10, 2021 of time to respond to Plaintiff's preliminary injunction motion and to answer or move against the Complaint by William Rogers, The Town of Brookhaven. (Serfaty, Judah) |
| Filing 9 NOTICE of Appearance by Judah Serfaty on behalf of William Rogers, The Town of Brookhaven (aty to be noticed) (Serfaty, Judah) |
| Filing 8 NOTICE of Appearance by Robert M. Calica on behalf of William Rogers, The Town of Brookhaven (aty to be noticed) (Calica, Robert) |
| Filing 7 DECLARATION of Service by New York State Office of the Attorney General (Cooney, James) |
| Filing 6 MOTION for Extension of Time to File Response/Reply re Motion for Preliminary Injunction by New York State Office of the Attorney General. (Cooney, James) |
| Filing 5 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the 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. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Bowens, Priscilla) |
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ORDER re #2 -- Plaintiff is directed to serve all Defendants with the #1 Complaint and #2 Motion for Preliminary Injunction, together with attached documents, by July 29, 2021. Defendants are directed to respond to #2 Plaintiff's Motion for Preliminary Injunction by August 5, 2021. The Clerk of Court is respectfully directed to mail a copy of this Order to Plaintiff at the address listed on the docket. Ordered by Judge Diane Gujarati on 7/22/2021. (Almonte, Kelly)
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| Filing 4 FILING FEE: $ 402.00, receipt number 4653158690 (Bowens, Priscilla) |
| Filing 3 Summons Issued as to All Defendants. (Bowens, Priscilla) |
| Filing 2 MOTION for Preliminary Injunction by Jean R. Daniel. (Attachments: #1 Affidavit in Support, #2 Memorandum in Support) (Bowens, Priscilla) |
| Filing 1 COMPLAINT against All Defendants, filed by Jean R. Daniel. (Attachments: #1 Civil Cover Sheet) (Bowens, Priscilla) |
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