Cruz et al v. Zucker
| Angie Cruz and I.H. |
| Howard Zucker |
| 1:2014cv04456 |
| June 19, 2014 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Jed S. Rakoff |
| Constitutionality of State Statutes |
| 42 U.S.C. ยง 1983 |
| None |
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Filing
134
OPINION AND ORDER: re: 81 MOTION for Summary Judgment Notice of Motion for Summary Judgment filed by Howard Zucker, 77 MOTION for Reconsideration re; 52 Memorandum & Opinion, #105720. filed by Howard Zucker, 79 MOTION to Amend/Correct 23 Stipulation and Order,,, 64 Notice (Other) Motion to Decertify the Plaintiff Class. filed by Howard Zucker. Accordingly, the Court denies both parties' motions for summary judgment on plaintiffs 9; ESPDT claims. The question to be resolved at trial on the EPDST Provision claims is also presented by plaintiffs' other claims, namely, what treatments, including surgeries or hormone therapies, are medically necessary for the treatment of ge nder dysphoria in minors? In sum, for the foregoing reasons, the Court denies defendant's motion for reconsideration, denies defendant's motion to decertify the plaintiff class, denies defendant's motion for summary judgment in part an d grants it in part, and denies plaintiffs' motion for summary judgment in part and grants it in part. This case will proceed to trial to determine (1) what treatments are medically necessary for individuals under 18 with gender dysphoria and (2 ) to what extent DOH has consistently followed a bona fide policy of limiting coverage of drug uses to those listed in the Medicaid Compendia in the context of treatments for gender dysphoria. The parties are directed to jointly telephone Chambers by no later than July 8, 2016, to schedule a trial date.The Clerk of Court is directed to close documents numbered 77, 79, and 81 on the docket of this case. (And as set forth herein.) SO ORDERED. (Signed by Judge Jed S. Rakoff on 7/05/2016) (ama)
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Filing
52
OPINION: Accordingly, the Court granted defendant's motion to dismiss Count IV of the Amended Complaint. For the foregoing reasons, the Court, by Order dated June 26, 2015, dismissed Claims III and IV, and also dismissed Claim V with respect to the Youth Exclusion, but otherwise denied defendant's motion to dismiss the Amended Complaint. (Signed by Judge Jed S. Rakoff on 7/29/2015) (ama)
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