Green v. Humana At Home, Inc.

Filing 185

ORDER denying without prejudice 157 Motion to Certify Class; denying as moot 161 Motion ; denying as moot 164 Letter Motion for Oral Argument; granting 184 Letter Motion to Stay. It is therefore ORDERED that Green's motion for cl ass certification (Dk. No. 157) is administratively DENIED without prejudice to re-filing after the proposed settlement in Kinkead has been approved or rejected by the Kinkead court. It is further ORDERED that Humana's letter motion to stay ( Dkt. No. 184) is GRANTED. This action is stayed and all pending deadlines and conferences are adjourned sine die. The parties shall file a joint status report once the Kinkead settlement has been approved or rejected or by December 21, 2020, whic hever comes earlier. It is further ORDERED that the proposed amici's motion to file a brief in opposition to class certification (Dkt. No. 161) and Humana's letter motion for oral argument (Dkt. No. 164) are DENIED as moot. SO ORDERED. (Signed by Judge Alison J. Nathan on 10/22/2020) (jca)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

10/22/2020

Molly Green,
Plaintiff,

16-cv-7586 (AJN)
–v–
ORDER
Humana At Home, Inc.,
Defendant.

ALISON J. NATHAN, District Judge:
On October 21, 2020, Humana At Home notified the Court of a settlement in principle in
Kinkead v. Humana at Home, Inc., 15-cv-1637 (JAM), a class action presenting similar claims
proceeding in the U.S. District Court for the District of Connecticut. The class in Kinkead
substantially overlaps with the proposed class in this case, and it appears likely that a final
judgment in Kinkead may preclude some or all of Green’s class claims.
It is therefore ORDERED that Green’s motion for class certification (Dk. No. 157) is
administratively DENIED without prejudice to re-filing after the proposed settlement in Kinkead
has been approved or rejected by the Kinkead court.
It is further ORDERED that Humana’s letter motion to stay (Dkt. No. 184) is
GRANTED. This action is stayed and all pending deadlines and conferences are adjourned sine
die. The parties shall file a joint status report once the Kinkead settlement has been approved or
rejected or by December 21, 2020, whichever comes earlier.
It is further ORDERED that the proposed amici’s motion to file a brief in opposition to
class certification (Dkt. No. 161) and Humana’s letter motion for oral argument (Dkt. No. 164)
are DENIED as moot.

SO ORDERED.

Dated: October 22, 2020
New York, New York

__________________________________
ALISON J. NATHAN
United States District Judge

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