Medicaid Consumers for Continuity of Care et al v. McDonald
| Medicaid Consumers for Continuity of Care, Ann Wegman, Carmen Rodriguez and Melissa Spencer |
| James V. McDonald |
| 1:2025cv00565 |
| January 21, 2025 |
| U.S. District Court for the Southern District of New York |
| Mary Kay Vyskocil |
| Civil Rights: Americans with Disabilities - Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 25, 2025. A more recent docket listing may be available from PACER.
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Filing 47
LETTER addressed to Judge Mary Kay Vyskocil from Adam Cohen dated March 21, 2025 re: Additional Facts Relevant to Plaintiffs' Motion for a Preliminary Injunction. Document filed by Medicaid Consumers for Continuity of Care, Carmen Rodriguez, Melissa Spencer, Ann Wegman..(Cohen, Adam)
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Filing 46
LETTER MOTION for Leave to File Letter Motion addressed to Judge Mary Kay Vyskocil from Adam Cohen dated 02/28/2025. Document filed by Medicaid Consumers for Continuity of Care, Ann Wegman, Carmen Rodriguez, Melissa Spencer..(Cohen, Adam)
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Filing 45
NOTICE OF APPEARANCE by Glenne Ellen Fucci on behalf of James V. McDonald..(Fucci, Glenne)
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Filing 44
DECLARATION of Maria Perrin (Supplemental) in Support re: #26 MOTION to Dismiss .. Document filed by James V. McDonald..(Michael, Vivian)
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Filing 43
REPLY AFFIDAVIT of Vivian Costandy Michael in Support re: #26 MOTION to Dismiss .. Document filed by James V. McDonald. (Attachments: #1 Exhibit I - Jeannot 2, #2 Exhibit J - Glidedowan, #3 Exhibit K - Principle 1, #4 Exhibit L - Principle 2).(Michael, Vivian)
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Filing 42
REPLY MEMORANDUM OF LAW in Support re: #26 MOTION to Dismiss . . Document filed by James V. McDonald..(Michael, Vivian)
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Filing 41
ORDER granting #40 Letter Motion for Extension of Time to File Response/Reply Granted. SO ORDERED. (Signed by Judge Mary Kay Vyskocil on 2/21/2025) (jca)
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Filing 40
LETTER MOTION for Extension of Time to File Response/Reply in Further Support of Defendant's Motion to Dismiss addressed to Judge Mary Kay Vyskocil from AAG Vivian Costandy Michael dated 2/19/2025. Document filed by James V. McDonald..(Michael, Vivian)
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Filing 39
DECLARATION of Adam Cohen in Support re: #5 MOTION for Preliminary Injunction .. Document filed by Medicaid Consumers for Continuity of Care, Ann Wegman, Carmen Rodriguez, Melissa Spencer. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7).(Cohen, Adam)
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Filing 38
DECLARATION of Rose Jones in Support re: #5 MOTION for Preliminary Injunction .. Document filed by Medicaid Consumers for Continuity of Care, Ann Wegman, Carmen Rodriguez, Melissa Spencer..(Cohen, Adam)
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Filing 37
DECLARATION of Melissa Spencer in Support re: #5 MOTION for Preliminary Injunction .. Document filed by Medicaid Consumers for Continuity of Care, Ann Wegman, Carmen Rodriguez, Melissa Spencer..(Cohen, Adam)
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Filing 36
DECLARATION of Carmen Rodriguez in Support re: #5 MOTION for Preliminary Injunction .. Document filed by Medicaid Consumers for Continuity of Care, Ann Wegman, Carmen Rodriguez, Melissa Spencer. (Attachments: #1 Exhibit A).(Cohen, Adam)
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Filing 35
DECLARATION of Ann Wegman in Support re: #5 MOTION for Preliminary Injunction .. Document filed by Medicaid Consumers for Continuity of Care, Ann Wegman, Carmen Rodriguez, Melissa Spencer..(Cohen, Adam)
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Filing 34
DECLARATION of Ken Sternfeld in Support re: #5 MOTION for Preliminary Injunction .. Document filed by Medicaid Consumers for Continuity of Care, Ann Wegman, Carmen Rodriguez, Melissa Spencer..(Cohen, Adam)
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Filing 33
REPLY MEMORANDUM OF LAW in Support re: #5 MOTION for Preliminary Injunction . and in Opposition to the Defendant's Motion to Dismiss. Document filed by Medicaid Consumers for Continuity of Care, Ann Wegman, Carmen Rodriguez, Melissa Spencer..(Cohen, Adam)
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Filing 32
MEMO ENDORSEMENT on re: #31 Letter, filed by Medicaid Consumers for Continuity of Care, Melissa Spencer, Ann Wegman, Carmen Rodriguez ENDORSEMENT Granted. SO ORDERED. (Signed by Judge Mary Kay Vyskocil on 2/12/2025) (jca)
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Filing 31
LETTER addressed to Judge Mary Kay Vyskocil from Adam Cohen dated February 12, 2025 re: Plaintiffs' Request for Permission to Increase the Page Limit for the Plaintiffs' Combined Memorandum of Law in Opposition to Defendant's Motion to Dismiss and Reply in Support of Plaintiffs' Motion for Preliminary Injunction. Document filed by Medicaid Consumers for Continuity of Care, Ann Wegman, Carmen Rodriguez, Melissa Spencer..(Cohen, Adam)
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Filing 30
DECLARATION of Maria Perrin in Support re: #26 MOTION to Dismiss .. Document filed by James V. McDonald..(Michael, Vivian)
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Filing 29
DECLARATION of Vivian Costandy Michael in Opposition re: #5 MOTION for Preliminary Injunction .. Document filed by James V. McDonald. (Attachments: #1 Exhibit A - Eckert OSC, #2 Exhibit B - A&J Staffing OSC, #3 Exhibit C - Freedom Care OSC, #4 Exhibit D - Caring Professionals OSC, #5 Exhibit E - Corning Council OSC, #6 Exhibit F - Corning Council 3d Dept, #7 Exhibit G - SOCDHCP Decision, #8 Exhibit H - DOH 12.23.2024 Update).(Michael, Vivian)
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Filing 28
DECLARATION of Amir Bassiri in Support re: #26 MOTION to Dismiss .. Document filed by James V. McDonald. (Attachments: #1 Exhibit A - FY 2025 Financial Plan Excerpt, #2 Exhibit B - NYS Procurement Guidelines, #3 Exhibit C - RFP #20524, #4 Exhibit D - RFP Q+A, #5 Exhibit E - RFP Amendment, #6 Exhibit F - DOH 12.6.2024 Memo, #7 Exhibit G - DOH 2.4.2025 Letter).(Michael, Vivian)
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Filing 27
MEMORANDUM OF LAW in Support re: #26 MOTION to Dismiss . and in Opposition to Plaintiffs' Motion for a Preliminary Injunction. Document filed by James V. McDonald..(Michael, Vivian)
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Filing 26
MOTION to Dismiss . Document filed by James V. McDonald. Responses due by 2/24/2025.(Michael, Vivian)
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Filing 25
ORDER granting in part and denying in part #23 Letter Motion for Extension of Time. Defendant's requests are GRANTED in part and DENIED in part. By February 10, 2025, Defendant shall file a single brief, not to exceed 45 pages, in opposition to Plaintiffs' PI motion and in support of Defendant's own contemplated motion to dismiss.. (Signed by Judge Mary Kay Vyskocil on 1/31/2025) Brief due by 2/10/2025. (ks)
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Filing 24
LETTER addressed to Judge Mary Kay Vyskocil from Adam Cohen dated January 30, 2025 re: Defendant's Pre-Motion Conference Letter. Document filed by Medicaid Consumers for Continuity of Care, Ann Wegman, Carmen Rodriguez, Melissa Spencer..(Cohen, Adam)
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Filing 23
LETTER MOTION for Extension of Time + for Pre-Motion Conference on MTD addressed to Judge Mary Kay Vyskocil from Vivian Costandy Michael dated January 27, 2025. Document filed by James V. McDonald. (Attachments: #1 Exhibit A (Jeannot MTD Decision)).(Michael, Vivian)
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NOTICE OF CASE REASSIGNMENT to Judge Mary Kay Vyskocil. Judge Jennifer H. Rearden is no longer assigned to the case. (vba)
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Filing 22
NOTICE OF APPEARANCE by Vivian Costandy Michael on behalf of James V. McDonald..(Michael, Vivian)
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Magistrate Judge Katharine H. Parker is designated to handle matters that may be referred in this case. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (tro)
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NOTICE OF CASE REASSIGNMENT to Judge Jennifer H. Rearden. Judge Unassigned is no longer assigned to the case. (tro)
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CASE DECLINED AS NOT RELATED. Case referred as related to 24cv7071 and declined by Judge Margaret Garnett and returned to wheel for assignment. (tro)
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Filing 21
AFFIDAVIT OF SERVICE of Summons in a Civil Action, Complaint, Notice of Motion, Memorandum of Law in Support of Plaintiffs' Motion for Preliminary Injunction, Declaration of Ken Sternfeld, Declaration of Ann Wegman, Declaration of Carmen Rodriguez, Declaration of Melissa Spencer, Declaration of Rose Jones, Declaration of Nitza Serrano, Declaration of Vincent Matthias, Declaration of Briana Cowart, Declaration of Christian Williams, Declaration of Jessica Holler, Declaration of Adam Cohen in Support of Plaintiff's Motion for Preliminary Injunction, Exhibits 1-6, and Civil Cover Sheet served on James V. McDonald on January 22, 2025. Service was accepted by Lauren Keats, Assistant Attorney of the New York Department of Health. Document filed by Medicaid Consumers for Continuity of Care, Ann Wegman, Carmen Rodriguez, Melissa Spencer..(Cohen, Adam)
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Filing 20
STATEMENT OF RELATEDNESS re: that this action be filed as related to 1:24-cv-07071. Document filed by Medicaid Consumers for Continuity of Care, Ann Wegman, Carmen Rodriguez, Melissa Spencer..(Cohen, Adam)
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Filing 19
CIVIL COVER SHEET filed..(Cohen, Adam)
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Filing 18
ELECTRONIC SUMMONS ISSUED as to James V. McDonald..(jgo)
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CASE REFERRED TO Judge Margaret M. Garnett as possibly related to 24-cv-7071. (jgo)
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Case Designated ECF. (jgo)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. .(jgo)
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***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE RELATED CASE STATEMENT. Notice to Attorney Adam Philip Cohen, for non compliance with Local Rule 13 of the Division of Business Among Judges. Attorney must electronically file the Related Case Statement separately. Use the event type Statement of Relatedness found under the event list Other Documents. (jgo)
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***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Adam Philip Cohen. Attorney must electronically file the Civil Cover Sheet separately. Use the event type Civil Cover Sheet found under the event list Other Documents. (jgo)
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Filing 17
DECLARATION of Adam Cohen in Support re: #5 MOTION for Preliminary Injunction .. Document filed by Medicaid Consumers for Continuity of Care, Ann Wegman, Carmen Rodriguez, Melissa Spencer. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6).(Cohen, Adam)
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Filing 16
DECLARATION of Jessica Holler in Support re: #5 MOTION for Preliminary Injunction .. Document filed by Medicaid Consumers for Continuity of Care, Ann Wegman, Carmen Rodriguez, Melissa Spencer..(Cohen, Adam)
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Filing 15
DECLARATION of Christian Williams in Support re: #5 MOTION for Preliminary Injunction .. Document filed by Medicaid Consumers for Continuity of Care, Ann Wegman, Carmen Rodriguez, Melissa Spencer..(Cohen, Adam)
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Filing 14
DECLARATION of Briana Cowart in Support re: #5 MOTION for Preliminary Injunction .. Document filed by Medicaid Consumers for Continuity of Care, Ann Wegman, Carmen Rodriguez, Melissa Spencer..(Cohen, Adam)
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Filing 13
DECLARATION of Vincent Matthias in Support re: #5 MOTION for Preliminary Injunction .. Document filed by Medicaid Consumers for Continuity of Care, Ann Wegman, Carmen Rodriguez, Melissa Spencer..(Cohen, Adam)
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Filing 12
DECLARATION of Nitza Serrano in Support re: #5 MOTION for Preliminary Injunction .. Document filed by Medicaid Consumers for Continuity of Care, Ann Wegman, Carmen Rodriguez, Melissa Spencer..(Cohen, Adam)
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Filing 11
DECLARATION of Rose Jones in Support re: #5 MOTION for Preliminary Injunction .. Document filed by Medicaid Consumers for Continuity of Care, Ann Wegman, Carmen Rodriguez, Melissa Spencer..(Cohen, Adam)
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Filing 10
DECLARATION of Melissa Spencer in Support re: #5 MOTION for Preliminary Injunction .. Document filed by Medicaid Consumers for Continuity of Care, Ann Wegman, Carmen Rodriguez, Melissa Spencer..(Cohen, Adam)
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Filing 9
DECLARATION of Carmen Rodriguez in Support re: #5 MOTION for Preliminary Injunction .. Document filed by Medicaid Consumers for Continuity of Care, Ann Wegman, Carmen Rodriguez, Melissa Spencer..(Cohen, Adam)
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Filing 8
DECLARATION of Ann Wegman in Support re: #5 MOTION for Preliminary Injunction .. Document filed by Medicaid Consumers for Continuity of Care, Ann Wegman, Carmen Rodriguez, Melissa Spencer..(Cohen, Adam)
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Filing 7
DECLARATION of Ken Sternfeld in Support re: #5 MOTION for Preliminary Injunction .. Document filed by Medicaid Consumers for Continuity of Care, Ann Wegman, Carmen Rodriguez, Melissa Spencer..(Cohen, Adam)
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Filing 6
MEMORANDUM OF LAW in Support re: #5 MOTION for Preliminary Injunction . . Document filed by Medicaid Consumers for Continuity of Care, Ann Wegman, Carmen Rodriguez, Melissa Spencer..(Cohen, Adam)
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Filing 5
MOTION for Preliminary Injunction . Document filed by Medicaid Consumers for Continuity of Care, Ann Wegman, Carmen Rodriguez, Melissa Spencer..(Cohen, Adam)
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Filing 4
NOTICE OF APPEARANCE by Ivy Xiaotian Yao on behalf of Medicaid Consumers for Continuity of Care, Ann Wegman, Carmen Rodriguez, Melissa Spencer..(Yao, Ivy)
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Filing 3
NOTICE OF APPEARANCE by Jeffrey C. Skinner on behalf of Medicaid Consumers for Continuity of Care, Ann Wegman, Carmen Rodriguez, Melissa Spencer..(Skinner, Jeffrey)
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Filing 2
REQUEST FOR ISSUANCE OF SUMMONS as to James V. McDonald, re: #1 Complaint,. Document filed by Medicaid Consumers for Continuity of Care, Ann Wegman, Carmen Rodriguez, Melissa Spencer..(Cohen, Adam)
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Filing 1
COMPLAINT against James V. McDonald. (Filing Fee $ 405.00, Receipt Number ANYSDC-30486388)Document filed by Melissa Spencer, Medicaid Consumers for Continuity of Care, Carmen Rodriguez, Ann Wegman. (Attachments: #1 Civil Cover Sheet and Related Case Statement).(Cohen, Adam)
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