Free Motion for Reconsideration - District Court of Connecticut - Connecticut

Case 3:00-cv-01050-AVC Document 139 Filed O2/O2/2006 Page 1 of 3
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF CONNECTICUT 1
MARY CARR, etal., ) CIVIL ACTION NO.
Plaintiffs, ) 3:00 CV 1050 (AVC)
)
v. )
)
PATRICIA WILSON—COKER, in her ) CLASS ACTION
official capacity as Commissioner of the State of )
Connecticut Department of Social Services, ) ·
Defendant. )
) FEBRUARY 2, 2006
PLAINTIFFS’ MOTION FOR RECONSIDERATION
On January 19, 2006, the Court granted the defendant’s motion for summary judgment in
the above-captioned matter, dismissing the plaintiffs’ claims that the defendant violated the
Medicaid Act by failing to ensure an adequate access to dental care for recipients in her HUSKY
A program.1 The plaintiffs now respectfully request that the Court reconsider its grant of
A summary judgment to the defendant with respect to Count Four, the "reasonable promptness"
claim. As set out more fully in the attached memorandum, the plaintiffs contend that the Court
committed clear errors of law in its analysis regarding the plaintiffs’ "reasonable promptness”
claim, particularly in light of fundamental rules of statutory construction and 19 years of
consistent judicial interpretation, including very recent case law. Therefore, the plaintiffs
respectfully request that the Court reconsider its grant of summary judgment with regard to the
plaintiffs’ "reasonable promptness" claim under 42 U.S.C. §1396a(a)(8), and enter an order
denying that portion of the defendant’s motion.
I 1 While the Court’s decision addressed all nine counts of the plaintiffs’ complaint, the
plaintiffs are only asking that the Court reconsider its decision with regard to Count 4. However,
the plaintiffs are reserving their rights to tile an appeal with regard to all of the claims
surrounding the inadequacies in the HUSKY A program.
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Case 3:00-cv-01050-AVC Document 139 Filed O2/O2/2006 Page 2 of 3
RESPECTFULLY SUBMITTED
THE PLAINTIFFS,
MARY CARR, ET AL.
By:
JAMZET BELL 7 E l
. Fed. Bar No. T15520
[email protected]
VICTORIA VELTRI
Fed. Bar No. CT19754
[email protected]
GREG BASS
Fed. Bar N0. CT18114
I [email protected]
GREATER HARTFORD LEGAL AID
999 Asylum Ave., 3rd Floor
Hartford, CT 06105-2465
(860) 541-5000
Fax (860) 541-5050
DAHLIA GRACE
Fed. Bar No. 19551
( [email protected]
CONNECTICUT LEGAL SERVICES
211 State Street
Bridgepmt, CT 06604
(203) 336-3851
Fax (203) 333-4976
Attomeys for the Plaintiffs
Of Counsel:
BE T K. WRUBLE
CT Juris No. 421195
316 Westmont
West Heutford, CT 06117
[email protected]
(860)521-3543
Fax (860)521-3560
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Case 3:00-cv-01050-AVC Document 139 Filed O2/O2/2006 Page 3 of 3
CERTTFICATE OF SERVICE
This hereby certifies that the foregoing Plaintiffs’ Motion For Reconsideration was
mailed this day of February, 2006 to counsel of record for Defendant, as follows:
Tanya Feliciano
Hugh Barber
Richard Lynch
Assistant Attorneys General
55 Ehn Street, 4th Floor
P.O. Box 120
Hartford, CT 06141-0120
Jamey Bell Q L
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