Opinion
2:17-cv-03397 (ADS)(AKT)
11-18-2019
SALVATORE GUADAGNA, individually and on behalf of all persons similarly situated, Plaintiff, v. HOWARD ZUCKER, as Commissioner of the New York State Department of Health, Defendant.
APPEARANCES: New York Legal Assistance Group Attorneys for the Plaintiff 7 Hanover Square 18th Floor New York, NY 10004 By: Benjamin Wait Taylor, Esq., Elizabeth A. Jois, Esq., Jane Greengold Stevens, Esq., Julia Grossman Russell, Esq., Of Counsel. Office of the New York State Attorney General Attorneys for the Defendant 200 Old Country Road Suite 460 Mineola, NY 11501 By: Dorothy O. Nese, Esq., Deputy Assistant Attorney General.
MEMORANDUM OF DECISION & ORDER
APPEARANCES: New York Legal Assistance Group
Attorneys for the Plaintiff
7 Hanover Square 18th Floor
New York, NY 10004
By: Benjamin Wait Taylor, Esq.,
Elizabeth A. Jois, Esq.,
Jane Greengold Stevens, Esq.,
Julia Grossman Russell, Esq., Of Counsel. Office of the New York State Attorney General
Attorneys for the Defendant
200 Old Country Road Suite 460
Mineola, NY 11501
By: Dorothy O. Nese, Esq., Deputy Assistant Attorney General. SPATT, District Judge:
On August 8, 2019, the Court certified a class action pursuant to Federal Rule of Civil Procedure ("Rule") 23(b)(2).
On October 29, 2019, the Court entered an order approving the Plaintiff's proposed notice to class members pursuant to Rule 23(c)(2)(A). The Court stayed dissemination of notice pending the parties' agreement upon a revised class definition.
On November 15, 2019, the Plaintiff submitted a letter indicating that the parties agreed to the following revised class definition:
All Medicaid recipients who were enrolled in the GuildNet managed long-term care plans in Suffolk, Nassau, or Westchester County as of March 1, 2017 and who suffered reductions in care without prior notice and opportunity to be heard when they transferred to new managed long-term care plans prior to October 2, 2017 as a result of GuildNet's closure in their counties of residence.ECF 140.
Accordingly, the Court adopts the parties' proposed revised class definition and hereby orders the dissemination of the Plaintiff's proposed notice, ECF 129-1, to members of the revised class. The Defendant is directed to either mail the notice to the class or provide the Plaintiff with the names and mailing addresses of class members no later than seven days from the issuance of this order.
It is SO ORDERED: Dated: Central Islip, New York
November 18, 2019
/s/ Arthur D. Spatt
ARTHUR D. SPATT
United States District Judge