Comprehensive Community Development Corp. et al v. Sibelius et al
| Charlotte McDuffie, Constance Bruno, Michael Osborne, Comprehensive Community Development Corp. and The Board of Directors of Comprehensive Community Development Corp. |
| Kathleen Sibelius, James Macrae, Suganthi Walter, Brian Feldman, Gina Capra, Lynn Van Pelt, Sherry Angwafo, Charlene Fleszar, Matthew Babcock, Steven Auerbach, Paloma Hernandez, Linda Baldwin and Urban Health Plan, Inc. |
| 1:2012cv00776 |
| January 31, 2012 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Bronx |
| Paul A. Engelmayer |
| Other Statutory Actions |
| 42 U.S.C. ยง 205 |
| None |
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Filing
55
OPINION AND ORDER: re: 41 FIRST MOTION to Compel Department of Health and Human Services to Completion of Administrative Record. filed by Comprehensive Community Development Corp. For the reasons stated in this Opinion, Soundview's motion to e nlarge the administrative record is denied. The Clerk of Court is directed to terminate the motion at docket number 41. The parties are directed to meet and confer and to jointly propose, within one week of this Opinion, an expeditious briefing sched ule as to Soundview's claims under the AP A. If the parties cannot agree on such a schedule, they are directed, also within one week of this Opinion, to submit competing proposed briefing schedules to the Court. (Signed by Judge Paul A. Engelmayer on 7/20/2012) (jfe)
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Filing
19
OPINION AND ORDER: For the foregoing reasons, plaintiffs' request for a preliminary injunction and restraining order is denied. In light of the public importance and time-sensitivity of plaintiffs' claims, the Court wishes to expedite this litigation. Therefore, within three days of the issuance of this Order, plaintiffs shall advise the Court and opposing counsel, in writing, whether they seek as a remedy a finding of unlawful agency action and a remand to HRSA to conduct proper proce edings to select the 2012-2017 grant recipient. Assuming plaintiffs seek such relief, they are directed, within 10 days of this Order, to file an amended complaint so stating, and setting out the basis on which this relief is sought. The Court will thereupon schedule a conference with counsel to set an appropriate schedule for the remainder of this litigation. The federal government defendants are directed to compile the complete administrative record of the proceedings below and to file this record with the Court immediately upon the filing of any amended complaint. (Signed by Judge Paul A. Engelmayer on 3/7/2012) (mro)
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