State of New York et al v. United States Department of Health and Human Services et al

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)

Case 1:20-cv-05583-AKH Document 93 Filed 09/22/20 Page 1 of 2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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STATE OF NEW YORK, et al.,
:
:
Plaintiffs,
:
:
-against:
:
U.S. DEPARTMENT OF HEALTH AND HUMAN :
:
SERVICES, et al.,
:
Defendants.
:
:
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ORDER REGULATING
MOTION PRACTICE AND
RECORD PROCEDURES
20 Civ. 5583 (AKH)

ALVIN K. HELLERSTEIN, U.S.D.J.:
On September 10, 2020, Plaintiffs filed a motion for partial summary judgment
with respect to Plaintiffs’ three claims for relief under the Administrative Procedure Act, 5
U.S.C. § 706, et seq. (“APA”), but not with respect to Plaintiffs’ due process claim. See ECF
No. 62. On September 18, 2020, Defendants filed a motion to stay briefing on the motion for
partial summary judgment, or in the alternative, to consolidate briefing and set a briefing
schedule. See ECF No. 88. Plaintiffs oppose Defendants’ motion. See ECF No. 91.
Having considered the parties’ submissions, the Court hereby orders as follows:
1. 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.
2. On or before 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

Case 1:20-cv-05583-AKH Document 93 Filed 09/22/20 Page 2 of 2

October 26, 2020 to comment or otherwise object as to the adequacy,
accuracy, or comprehensiveness of the administrative record.
3. The parties shall appear for a telephonic status conference on October 29,
2020, at 11:00 a.m. to regulate further motion practice and address objections,
modifications, or other applications regarding the adequacy, accuracy, and
comprehensiveness of the administrative record produced by Defendants.
4. Defendants’ time to answer or respond to the Complaint, see ECF No. 1, is
hereby extended to a time to be determined by the Court during the October
29, 2020 status conference.
5. Defendants’ motion to stay briefing with respect to Plaintiffs’ motion for
partial summary judgment, see ECF No. 88, is denied as moot.
6. The Clerk is directed to close the open motions at ECF Nos. 62 and 88.

SO ORDERED.
Dated:

September 22, 2020
New York, New York

__/s/ Alvin K. Hellerstein_______
ALVIN K. HELLERSTEIN
United States District Judge