Wood v. Secretary of Health and Human Services

Filing 24

ORDER LIFTING STAY AND SETTING DEADLINES: that plaintiff's Notice of Appeal (Dkt. No. 17 ) is construed as a Notice of Appeal to this Court from the final decision of the Medicare Appeals Council; that the Clerk is directed to Lift the stay ent ered on April 27, 2023; that the Clerk is directed to set the following deadlines: (a) defendant shall file and serve a certified copy of the administrative record on or before August 14, 2023; (b) plaintiff shall file and serve a brief setting forth the grounds on which she believes she is entitled to relief on or before September 28, 2023; (c) defendant shall file and serve a response to plaintiff's brief on or before November 13, 2023; that plaintiff is advised that her brief should cont ain the items described in Paragraph 6 of the Remand Order; and that upon full briefing, the Court will take the matter under advisement and issue a written decision in due course. Signed by Judge David N. Hurd on 05/18/2023. (Copy served upon pro se plaintiff via regular mail on 5/18/2023.)(hmr)

Case 5:19-cv-01122-DNH-TWD Document 24 Filed 05/18/23 Page 1 of 3

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
-------------------------------SHARON WOOD,
Plaintiff,
-v-

5:19-CV-1122

SECRETARY OF HEALTH
AND HUMAN SERVICES,
Defendant.
-------------------------------APPEARANCES:

OF COUNSEL:

SHARON WOOD
Plaintiff, Pro Se
297 Pumpkin Hill Road
Ashford, CT 06278
HON. CARLA B. FREEDMAN
United States Attorney for the
Northern District of New York
Attorneys for Defendant
445 Broadway, Room 218
Albany, NY 12207

CHRISTOPHER MORAN, ESQ.
Ass’t United States Attorney

DAVID N. HURD
United States District Judge
ORDER LIFTING STAY AND SETTING DEADLINES
On March 3, 2020, following approval of a stipulated Remand Order, Dkt.
No. 15, the parties to this case returned to the U.S. Department of Health
and Human Services (“HHS”) so that plaintiff would have an opportunity to

Case 5:19-cv-01122-DNH-TWD Document 24 Filed 05/18/23 Page 2 of 3

administratively exhaust her Medicare claims. Paragraph 5 of the Remand
Order explained that plaintiff would have the option to “file a notice of appeal
with this Court” if she was dissatisfied with the outcome of those proceedings,
which involved several layers of administrative review culminating in a final
determination by the Medicare Appeals Council (“MAC”). Id.
On April 25, 2023, plaintiff attempted to do just that, Dkt. No. 16, but
some administrative confusion ensued, Dkt. No. 17, and plaintiff’s appeal
wound up in the U.S. Court of Appeals for the Second Circuit instead of back
in this Court in accordance with the Remand Order, Dkt. No. 19.
On April 27, 2023, this Court entered an order in which it (a) explained
the probable source of the confusion; (b) restored this action to the Court’s
active docket; (c) stayed the proceedings in this matter to give the parties an
opportunity to get on the same page; and (d) directed defendant to file a
status report within thirty days. Dkt. No. 20.
On May 17, 2023, defendant filed a status report that, inter alia, notifies
the Court that plaintiff has withdrawn her appeal at the Second Circuit and
intends to further pursue her Medicare claims in this Court in accordance
with Paragraph 5 of the Remand Order. Dkt. No. 23; Wood v. Sec’y of Health
& Human Servs., No. 23-701 at Dkt. No. 17.
Upon review of defendant’s status report, and consistent with the Remand
Order previously entered in this action, it is
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Case 5:19-cv-01122-DNH-TWD Document 24 Filed 05/18/23 Page 3 of 3

ORDERED that
1. Plaintiff’s Notice of Appeal (Dkt. No. 17) is construed as a Notice of
Appeal to this Court from the final decision of the Medicare Appeals Council;
2. The Clerk is directed to LIFT the stay entered on April 27, 2023;
3. The Clerk is directed to set the following deadlines:
(a) defendant shall file and serve a certified copy of the administrative
record on or before August 14, 2023;
(b) plaintiff shall file and serve a brief setting forth the grounds on which
she believes she is entitled to relief on or before September 28, 2023;
(c) defendant shall file and serve a response to plaintiff’s brief on or before
November 13, 2023;
4. Plaintiff is advised that her brief should contain the items described in
Paragraph 6 of the Remand Order; and
5. Upon full briefing, the Court will take the matter under advisement
and issue a written decision in due course.
IT IS SO ORDERED.

Dated: May 18, 2023
Utica, New York.

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