State of New York et al v. United States Department of Health and Human Services et al
Case Number: 1:2020cv05583
Filed: July 20, 2020
Court: US District Court for the Southern District of New York
Office: Foley Square Office
Presiding Judge: Alvin K. Hellerstein
Nature of Suit: Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision
Cause of Action: 05 U.S.C. ยง 702 Administrative Procedure Act
Jury Demanded By: None

Available Case Documents

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Date Filed Document Text
February 3, 2022 Opinion or Order Filing 148 ORDER GRANTING JOINT MOTION TO STAY PROCEEDINGS granting 145 Motion to Stay re: 145 JOINT MOTION to Stay Proceedings and to Hold the Parties' Motions in Abeyance. The Court having considered the parties' joint motion to stay proceedings, and good cause having been shown, it is hereby ORDERED that the motion is GRANTED; and it is further ORDERED that all proceedings in the above-captioned case are STAYED until 30 days after the conclusion of the agency's rulemaking; and it is further ORDERED that the parties shall file a joint proposed schedule to address any further proceedings upon expiration of the stay period. (Signed by Judge Alvin K. Hellerstein on 2/3/2022) (va)
February 18, 2021 Opinion or Order Filing 141 ORDER GRANTING UNOPPOSED MOTION TO STAY PROCEEDINGS granting 139 Motion to Stay. It is hereby ORDERED that the motion is GRANTED; and it is further ORDERED that all proceedings in the above-captioned case are STAYED until May 14, 2021; and it is further ORDERED that the parties shall file a joint status report to address any further proceedings in this case on or before May 14, 2021. SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 2/18/2021) (rj)
November 19, 2020 Opinion or Order Filing 106 ORDER REGULATINGPROCEEDINGS, On November 19, 2020, I held a telephonic status conference in the above-captioned matter. As discussed at the conference, all motions shall be filed by December 2, 2020. Oppositions shall be filed by January 8, 2021, and replies shall be filed by January 20, 2021. Extensions will not be granted. Amici may file a single statement incorporating their previously filed brief and referring to its ECF number. SO ORDERED. ( Motions due by 12/2/2020., Responses due by 1/8/2021, Replies due by 1/20/2021.) (Signed by Judge Alvin K. Hellerstein on 11/19/20) (yv)
September 22, 2020 Opinion or Order Filing 93 ORDER REGULATING MOTION PRACTICE AND RECORD PROCEDURES denying without prejudice 62 Motion for Summary Judgment; denying as moot 88 Letter Motion to Stay. Having considered the parties' submissions, the Court hereby orders as follows: As the administrative record in this case has yet to be compiled, Plaintiffs' motion for partial summary judgment, see ECF No. 62, is premature. Accordingly, the motion for partial summary judgment is dismissed without prejudice. On or befo re October 16, 2020, Defendants' shall file with the Court and opposing counsel the relevant administrative record pertaining to Plaintiffs' claims under the APA. See ECF No 1. Thereafter, Plaintiffs shall have until October 26, 2020 to comment or otherwise object as to the adequacy, accuracy, or comprehensiveness of the administrative record. The parties shall appear for a telephonic status conference on October 29, 2020, at 11:00 a.m. to regulate further motion practice and addre ss objections, modifications, or other applications regarding the adequacy, accuracy, and comprehensiveness of the administrative record produced by Defendants. Defendants' time to answer or respond to the Complaint, see ECF No. 1, is hereby e xtended to a time to be determined by the Court during the October 29, 2020 status conference. Defendants' motion to stay briefing with respect to Plaintiffs' motion for partial summary judgment, see ECF No. 88, is denied as moot. The Clerk is directed to close the open motions at ECF Nos. 62 and 88. (Signed by Judge Alvin K. Hellerstein on 9/22/2020) (rro)
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