Casillas v. Daines

S.D.N.Y. · 2008 · CourtListener

Cite as Casillas v. Daines, 580 F. Supp. 2d 235 (S.D.N.Y. 2008)

District2nd Cir.Gender-affirming care Health coverage & benefitsAdverse

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Proceedings

No. 4331696 · Docket on CourtListener

35 documents

Casillas v. Daines, No. 1:07-cv-04082 (S.D.N.Y. filed May 24, 2007)

Opinion: District Court, S.D. New York · On CourtListener

The court's opinion, in full text on this site

Casillas v. Daines, 580 F. Supp. 2d 235 (S.D.N.Y. 2008)

Filings on file (36 in 34 docket entries)

Filings on file
Date	No.	Document	Type	Pages	Source
2007-05-24	1	ENDORSEMENT on Declaration in Support of Request to Proceed In Forma Pauperis, I.F.P. REQUEST IS GRANTED. (Signed by Judge Loretta A. Preska on 5/24/2007) (mbe) Additional attachment(s) added on 6/1/2007 (Becerra, Maribel).	I.F.P. Endorsement	2	PDF CL
2007-05-24	2	COMPLAINT against Richard F. Daines, Robert Doar. Document filed by Terry Casillas.(mbe)	Complaint	17	PDF CL
2007-06-01	3	AFFIDAVIT OF SERVICE of Summons and Complaint. Richard F. Daines served on 5/25/2007, answer due 6/14/2007. Service was accepted by Joseph C. Blerman, Principal Attorney. Document filed by Terry Casillas. (Berkman, Deborah)	Affidavit of Service Complaints	1	PDF CL
2007-05-31	4	ORDER RE SCHEDULING AND INITIAL PRETRIAL CONFERENCE:... If such a consent order is not filed within the time provided,... Initial Conference set for 7/20/2007 12:30 PM before Judge P. Kevin Castel. (Signed by Judge P. Kevin Castel on 5/31/2007) (jmi)	Order for Initial Pretrial Conference	1	PDF CL
2007-06-01	5	AFFIDAVIT OF SERVICE of Summons and Complaint. Robert Doar served on 5/25/2007, answer due 6/14/2007. Document filed by Terry Casillas. (Berkman, Deborah)	Affidavit of Service Complaints	1	PDF CL
2007-06-12	6	NOTICE OF APPEARANCE by Deborah Ellen Hochhauser on behalf of Richard F. Daines (Hochhauser, Deborah)	Notice of Appearance	2	PDF CL
2007-06-14	7	ENDORSED LETTER addressed to Judge P. Kevin Castel from Deborah Hochhauser dated 6/13/07 re: counsel for dft Daines requests an extension of time by which State and City dfts must answer or move with respect to the complaint, to and including 7/16/07. OK. Application granted. (Signed by Judge P. Kevin Castel on 6/13/07) Richard F. Daines answer due 7/16/2007; Robert Doar answer due 7/16/2007.(dle)	Endorsed Letter	1	PDF CL
2007-06-27	8	NOTICE OF APPEARANCE by Martha Anne Calhoun on behalf of Robert Doar (Calhoun, Martha)	Notice of Appearance	1	PDF CL
2007-07-06	9	ORDER ADMITTING ATTORNEY PRO HAC VICE. Attorney Deborah Alyse Dorfman for Robert Doar admitted Pro Hac Vice. (Signed by Judge P. Kevin Castel on 7/5/07) (jco)	Order Admitting Attorney Pro Hac Vice	2	PDF CL
2007-07-02	10	MOTION for Deborah Alyse Dorfman to Appear Pro Hac Vice. Document filed by Robert Doar.(jco)	Motion to Appear Pro Hac Vice	11	PDF CL
2007-07-06	11	ENDORSED LETTER addressed to Judge P. Kevin Castel from Martha Calhoun dated 7/3/07 re: Counsel writes to request that the Court schedule a pre-motion conference to discuss City defendant's anticipated motion to dismiss in this case. The City defendant plans to seek a stay of discovery pending the outcome of his motion to dismiss. ENDORSEMENT: Time to answer or move extended to 9/4/07. Plaintiff are directed to respond to this letter by fax received in Chambers by 7/13/07. So Ordered. Richard F. Daines answer due 9/4/2007; Robert Doar answer due 9/4/2007. (Signed by Judge P. Kevin Castel on 7/5/07) (jco)	Endorsed Letter	3	PDF CL
2007-07-11	12	ENDORSED LETTER addressed to Judge P. Kevin Castel from Deborah Dorfman dated 7/10/07 re: request to adjourn the scheduling conf set for 7/20. ENDORSEMENT: the 7/20 conference is the premotion conference. Application denied. If need be, it will also serve as the Case Management Conference. (Signed by Judge P. Kevin Castel on 7/10/07) (cd).	Endorsed Letter	2	PDF CL
2007-07-19	13	NOTICE OF APPEARANCE by M orton D. Dubin on behalf of Terry Casillas (Dubin, M orton)	Notice of Appearance	1	PDF CL
2007-07-20	14	CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: Amended Pleadings may not be filed and additional parties may not be joined except with leave of the Court. Any motion to amend or to join additional parties shall be filed w/in 30 days from the start of discovery; Discovery shall commence 9/5/07; Initial disclosure purs. to Rules 26(a)(1), FRCP, shall be completed not later than 14 days from the start of discvoery; All fact discovery shall be completed no later than 120 days from the start of discovery. Initial requests for production of documents to be served by 30 days from the start of discovery; Interrogatories to be served by 30 days from the start of discovery; Depositions to be completed by 105 days from the start of discovery; Requests to admit to be served no later than 240 days after the start of discovery; All expert discovery shall be completed no later than 150 days after the close of fact discovery; The parties to negotiate a stipulate which will likely result in the dismissal of the City of New York of no stipulate, then parties to return 8/2/07 at 11:15 a.m.; The (next Case Management) is scheduled for 7/11/08 at 2:30 p.m. before Judge P. Kevin Castel. (Signed by Judge P. Kevin Castel on 7/20/07) (ae)	Case Management Plan	3	PDF CL
2007-07-23	15	NOTICE OF APPEARANCE by Pooja Sunder Gehi on behalf of Terry Casillas (Gehi, Pooja)	Notice of Appearance	1	PDF CL
2007-07-26	16	STIPULATION AND ORDER OF DISMISSAL: the plaintiff voluntarily dismisses all claims raised against dft Doar in this action without prejudice and agrees that dft Doar is not liable for any attorneys' fees or costs; if 18 NYCCR 505.2(1) is determined by the Court to be invalid or if plaintiff and dft Daines reach a settlement whereby 18 NYCCR 505.2(1) is repealed, dft Doar will fully comply with all law, regulations, and policy which may require City dft to process plaintiff's application for medical assistance coverage for gender reassignment related care, services, drugs and/or supplies; if plaintiff and dft Daines reach a settlement in the within action to provide plaintiff with or the court determines that plaintiff is eligible to receive, medical assistance coverage for gender reassignment related care, services, drugs, and/or supplies, including but not limited to gender reassignment surgery, dft Doar will fully comply with all instructions or directives which may be issued by dft Daines or the court and all law and regulations which may be necessary to effectuate such relief and will not impede plaintiff's receipt of such medical assistance coverage; if, during the pendency of this lawsuit, dft Daines finds that dft Doar is necessary to provide any of the relief requested by plaintiff herein, dft Daines shall promptly move to join dft Doar as a party; the parties agree that any disputes concerning or arising under or from this stipulation shall be brought before Judge P. Kevin Castel in the USDC for SDNY. (Signed by Judge P. Kevin Castel on P. Kevin Castel) Robert Doar terminated.(dle)	Stipulation and Order of Dismissal	4	PDF CL
2007-09-04	17	ANSWER to Complaint. Document filed by Richard F. Daines.(Hochhauser, Deborah)	Answer to Complaint	4	PDF CL
2007-09-06	18	CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER:Amended Pleadings due by 9/5/2007, Discovery due by 1/3/2008, Case Management Conference set for 1/11/2008 at 02:30 PM before Judge P. Kevin Castel. (Signed by Judge P. Kevin Castel on 9/6/2007) (jmi)	Case Management Plan	3	PDF CL
2007-09-13	19	NOTICE OF APPEARANCE by Franklin Hafner Romeo on behalf of Terry Casillas (Romeo, Franklin)	Notice of Appearance	1	PDF CL
2007-10-09	20	CASE MANAGEMENT PLAN: All parties do not consent to trial by Magistrate Judge. This case is not to be tried to a jury. Amended pleadings may not be filed and additional parties may not be joined except with leave of the Court. Any motion to amend or to join additional parties shall be filed within 30 days from September 5, 2007. Initial disclosures will be completed no later than 14 days from September 5, 2007. All fact discovery is to be completed by January 17, 2008. Initial requests for production of documents to be served by October 19, 2007. Interrogatories to be served by October 19, 2007. Depositions to be completed by January 2, 2008. Requests to admit to be served no later than May 2, 2008. All counsel must meet face-to-face for at least one hour to discuss settlement within fourteen (14) days following the close of fact discovery. All expert discovery shall be completed by: June 2, 2008. The submission date of the joint pre-trial order and trial papers is thirty days following the close of fact and expert discovery. The parties estimate the length of trial is seven days. The January 11 conference is vacated.Discovery due by 1/17/2008. Pretrial Conference set for 1/18/2008 at 02:30 PM in Courtroom 12C, 500 Pearl Street, New York, NY 10007 before Judge P. Kevin Castel. (Signed by Judge P. Kevin Castel on 10/5/2007) (ad)	Case Management Plan	3	PDF CL
2007-10-18	21	ENDORSED LETTER addressed to Judge P. Kevin Castle from Deborah Hochhauser dated 10/18/07 re: Request for a pre motion conference for motion for a judgment on the pleadings and for a stay of discovery pending the motion. ENDORSEMENT: Any response to Ms. Hochhauser's letter shall be faxed to chambers by 10/24, 5 pm. (Signed by Judge P. Kevin Castel on 10/18/07) (cd)	Endorsed Letter	2	PDF CL
2007-10-30	22	ORDER...I have a letter dated October 18 from counsel for defendant Richard F. Daines seeking a pre-motion conference in connection with a proposed motion for judgment on the pleadings. Defendant also seeks a stay of discovery. Plaintiff has responded by letter dated October 18 and asserts the view that defendant will not likely prevail on his motion, except her counsel expresses a willingness to withdraw her state law claims without prejudice. Plaintiff would not oppose a stay of discovery of plaintiff-related facts provided that defendant agreed not to attempt to appeal any ruling adverse to defendant until the plaintiffs individual eligibility for Medicaid coverage were determined. Plaintiff also seeks to conduct fact discovery as to the purported purpose of and justification for the regulation as well as on other unstated issues. I will waive the pre-motion conference requirement and set a schedule on defen-dants proposed motion. Because defendant assumes the burden on the motion of accepting plaintiffs allegations as true, I will stay all discovery pending further order. Defendants motion is due December 19, 2007. Plaintiffs response is due January 21, 2008. Any reply from defendant is due February 1, 2008. The conference scheduled for January 11, 2008 is vacated. Given the relatively early stage of this action, I will grant plaintiffs application to dismiss without prejudice all state law claims asserted by plaintiff. Motions due by 12/19/2007. Replies due by 2/1/2008. Responses due by 1/21/2008. (Signed by Judge P. Kevin Castel on 10/29/2007) (ad) Modified on 11/7/2007 (D'Agostino, Andrew).	Order	2	PDF CL
2007-12-18	23	ENDORSED LETTER addressed to Judge P. Kevin Castel from Deborah Hochhauser dated 12/18/08 re: counsel for defendants request permission to file a memorandum that exceeds this page limit by a few pages, but by no more than five. ENDORSEMENT: Application for memorandum not to exceed 35 pages is granted. (Signed by Judge P. Kevin Castel on 12/18/07) (dle)	Endorsed Letter	1	PDF CL
2007-12-19	24	FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Judgment on the Pleadings. Document filed by Richard F. Daines. Responses due by 1/21/2008 (Attachments: # (1) memorandum of law in support of motion for judgment on the pleadings)(Hochhauser, Deborah) Modified on 12/20/2007 (KA).	Motion for Judgment on the Pleadings	2	PDF CL

	24-1	memorandum of law in support of motion for judgment on the pleadings	memorandum of law in support of motion for judgment on the p	35	PDF CL
2007-12-20	25	MOTION for Judgment on the Pleadings. Document filed by Richard F. Daines. Responses due by 1/21/2008(Hochhauser, Deborah)	Motion for Judgment on the Pleadings	2	PDF CL
2007-12-20	26	MEMORANDUM OF LAW in Support re: [25] MOTION for Judgment on the Pleadings.. Document filed by Richard F. Daines. (Hochhauser, Deborah)	Memorandum of Law in Support of Motion	35	PDF CL
2008-01-22	27	MEMORANDUM OF LAW in Opposition re: [25] MOTION for Judgment on the Pleadings.. Document filed by Terry Casillas. (Berkman, Deborah)	Memorandum of Law in Opposition to Motion	26	PDF CL
2008-01-31	28	REPLY MEMORANDUM OF LAW in Support re: [25] MOTION for Judgment on the Pleadings.. Document filed by Richard F. Daines. (Hochhauser, Deborah)	Reply Memorandum of Law in Support of Motion	19	PDF CL
2008-02-05	29	ENDORSED LETTER addressed to Judge P. Kevin Castel from Deborah Hochhauser dated 1/30/08 re: Counsel for defendants, Richard F. Daines, as Commissioner of the New York State Department of Health request permission to file a memorandum that exceeds the ten page limit by no more than five pages. ENDORSEMENT: Application Granted. (Signed by Judge P. Kevin Castel on 2/4/08) (tro)	Endorsed Letter	1	PDF CL
2008-05-30	30	ORDER: Oral Argument set for 7/2/2008 at 02:00 PM in Courtroom 12C, 500 Pearl Street, New York, NY 10007 before Judge P. Kevin Castel. (Signed by Judge P. Kevin Castel on 5/30/2008) (jpo)	Order	1	PDF CL
2008-07-08	31	NOTICE OF APPEARANCE by Jennifer Lynn Johnson on behalf of Richard F. Daines (Johnson, Jennifer)	Notice of Appearance	1	PDF CL
2008-08-05	34	MEMORANDUM AND ORDER The motion of defendant Daines for judgment on pleadings is granted. Defendant Robert Doar, Commissioner of the New York City Human Resources Administration, having previously been dismissed from the action, the clerk shall enter final judgment. (Signed by Judge P. Kevin Castel on 8/5/08) (mme)	Memorandum & Opinion	20	PDF CL
2008-08-05	35	CLERK'S JUDGMENT That for the reasons set forth in the Courts Memorandum and Order dated August 5, 2008, defendant Daines motion for judgment on the pleadings is granted and final judgment is entered for defendants as defendant Robert Doar, Commissioner of the New York City Human Resources Administration, having previously been dismissed from the action. (Signed by J. Michael McMahon, clerk on 8/5/08) (Attachments: # (1) notice of right to appeal)(ml)	Clerk's Judgment	1	PDF CL

	35-1	notice of right to appeal		5	PDF CL
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