Case: Garcia v. Johnson

2:09-cv-01747 | U.S. District Court for the Eastern District of Pennsylvania

Filed Date: April 24, 2009

Closed Date: April 23, 2010

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Case Summary

On April 24, 2009, a class action suit was filed in the U.S. District Court for the Eastern District of Pennsylvania. The suit alleged that the defendants violated the Social Security Act, federal regulations, and the Due Process Clause. The plaintiffs consisted of two elderly Pennsylvanians who were Medicare recipients, as well as two nonprofit organizations, Arc of Pennsylvania and Center for Advocacy for the Rights and Interests of the Elderly (CARIE). They were represented by two non-profit legal organizations, Community Legal Services and the Center for Medicare Advocacy. The defendants were the Acting Secretary of the U.S. Department of Health and Human Services (HHS), Commissioner of the Social Security Administration (SSA), Secretary of the Pennsylvania Department of Public Welfare (DPW), and Executive Director Philadelphia County Board of Assistance. Specific claims included the failure to properly enroll Medicare-eligible individuals, pay premiums in a timely manner, and appropriately provide Medical Savings Program (MSP) benefits. Additional claims included improper deductions and a lack of due process for those who were denied MSP benefits. The plaintiffs sought injunctive, declaratory, and compensatory relief.

In their complaint, the plaintiffs defined a class for the class action: "all persons living in Pennsylvania who are, were or will be eligible for Medicare benefits, and who are, were or will be simultaneously also eligible to have their Medicare premiums paid for by the Pennsylvania Medicaid program's Medicare Savings Program, but whose Medicare Savings Program benefits were, are, or will be denied or delayed as a result of [the] defendants' failure to properly and efficiently administer the Medicare Savings Program part of the Medicaid program." On April 28, 2009, the plaintiffs moved to certify the class.

The case was initially assigned to Judge Anita B. Brody, and then it was reassigned to Judge Juan Ramon Sánchez.

An amended complaint that added two new individuals to the class and an amended motion for class certification were filed on June 26, 2009. According to a court-ordered joint status report filed on November 16, 2009, the parties were continuing to negotiate a settlement agreement. The parties also discussed steps that the Department of Public Welfare was taking to alleviate the issues identified by the plaintiffs, such as computer system changes and daily data submissions to the Centers for Medicare and Medicaid Services (CMS) under the HHS.

The plaintiffs moved for a voluntary dismissal of the federal defendants (HHS and the SSA) on March 18, 2010. The court granted the motion on March 22.

On April 13, 2010, the parties jointly moved for approval of a settlement agreement. In the settlement agreement (as summarized by the motion), DPW agreed to submit enrollment requests daily instead of monthly. It would also evaluate retroactive MSP benefits for the three months prior to an applicant's application. DPW also agreed to work with the plaintiffs to develop training, provide quarterly reports, and meet quarterly to discuss status updates. In addition, the DPW agreed to pay $35,000 in costs and attorneys' fees. On April 23, 2010, Judge Sánchez issued an order approving the proposed settlement agreement between the plaintiffs and the DPW. The court's order also permitted the case to proceed as a class action. The case is presumably closed, as there has been no docket activity since 2010.

Summary Authors

Jacob Hebda (11/8/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/12362631/parties/garcia-v-johnson/

Judge(s)

Sanchez, Juan Ramon (Pennsylvania)

Judge(s)

Sanchez, Juan Ramon (Pennsylvania)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

1 2:09-cv-01747	Complaint	April 24, 2009	April 24, 2009 Complaint
22 2:09-cv-01747	Amended Complaint	June 26, 2009	June 26, 2009 Complaint
35 2:09-cv-01747	Joint Status Report and Request to Continue Case in Civil Suspense and Order Garcia v. Sebelius, et al.	Nov. 16, 2009	Nov. 16, 2009 Order/Opinion
43 2:09-cv-01747	Joint Motion for Approval of Settlement Agreement Between Plaintiffs' and Department of Public Welfare Dependents	April 13, 2010	April 13, 2010 Pleading / Motion / Brief
47 2:09-cv-01747	Order Approving Settlement Agreement Between and Department of Public Welfare Defendants, Certifying the Plaintiff Class and Appointing Class Counsel	April 23, 2010	April 23, 2010 Order/Opinion

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/12362631/garcia-v-johnson/

Last updated April 15, 2026, 5:43 a.m.

ECF Number	Date	Description	Link
1	April 24, 2009	COMPLAINT against MICHAEL J. ASTRUE, ESTELLE B. RICHMAN, DENISE CHAMBERS, CHARLES E. JOHNSON ( Filing fee $ 350 receipt number 957045), filed by NARCISA GARCIA, SAU LIN SUM SO, CENTER FOR ADVOCACY FOR THE RIGHTS AND INTERESTS OF THE ELDERLY, ARC OF PENNSYLVANIA.(jmv, ) (Additional attachment(s) added on 1/12/2012: # 1 DESIGNATION FORM) (lbs, ). (Entered: 04/24/2009)	RECAP
	April 24, 2009	Summons Issued as to MICHAEL J. ASTRUE, ESTELLE B. RICHMAN, DENISE CHAMBERS, CHARLES E. JOHNSON. Forwarded To: 1 to AUSA; 5 Origs to counsel on 4/24/09 (jmv, )
2	April 27, 2009	Acceptance of Service by U.S. Attorney Re: accepted summons and complaint for MICHAEL J. ASTRUE on 4/27/2009, answer due 6/26/2009; CHARLES E. JOHNSON on 4/27/2009, answer due 6/26/2009. (jl, ) (Entered: 04/27/2009)	RECAP
3	April 28, 2009	MOTION to Certify Class and for Appointment of Class Counsel; Proposed Order filed by NARCISA GARCIA..(HIRSCH, AMY) (Entered: 04/28/2009)	RECAP
4	April 28, 2009	Memorandum of Law in Support re 3 MOTION to Certify Class and for Appointment of Class Counsel; Proposed Order ; certificate of service filed by NARCISA GARCIA. (HIRSCH, AMY) (Entered: 04/28/2009)	RECAP
5	April 28, 2009	Declaration re 3 MOTION to Certify Class and for Appointment of Class Counsel; Proposed Order ; certificate of service by NARCISA GARCIA. (HIRSCH, AMY) (Entered: 04/28/2009)	RECAP
6	April 30, 2009	ORDER THAT THIS CASE IS REASSIGNED FROM THE CALENDAR OF THE HONORABLE ANITA B. BRODY TO THE CALENDAR OF THE HONORABLE JUAN R. SANCHEZ FOR ALL FURTHER PROCEEDINGS. SIGNED BY MICHAEL E. KUNZ, CLERK OF COURT ON 4/30/09. 5/1/09 ENTERED AND COPIES MAILED TO UNREP PARTIES AND E-MAILED TO COUNSEL. (sr) (Entered: 05/01/2009)	RECAP
7	May 14, 2009	MOTION for Extension of Time to File Response to the Motion for Class Certification and for Appointment of Class Counsel filed by MICHAEL J. ASTRUE, CHARLES E. JOHNSON.Certificate of Service.(BLUME, MICHAEL) (Entered: 05/14/2009)	RECAP
8	May 15, 2009	WAIVER OF SERVICE Returned Executed by ESTELLE B. RICHMAN, DENISE CHAMBERS, DENISE CHAMBERS, ESTELLE B. RICHMAN. ESTELLE B. RICHMAN waiver sent on 5/1/2009, answer due 6/30/2009; DENISE CHAMBERS waiver sent on 5/1/2009, answer due 6/30/2009; DENISE CHAMBERS waiver sent on 5/15/2009, answer due 7/14/2009; ESTELLE B. RICHMAN waiver sent on 5/15/2009, answer due 7/14/2009. (KRAMER, BARRY) (Entered: 05/15/2009)	RECAP
9	May 15, 2009	NOTICE of Appearance by BARRY N. KRAMER on behalf of ESTELLE B. RICHMAN, DENISE CHAMBERS, DENISE CHAMBERS, ESTELLE B. RICHMAN with Cert of Service(KRAMER, BARRY) (Entered: 05/15/2009)	RECAP
10	May 15, 2009	ORDERED THAT FEDERAL DEFENDANT'S MOTION FOR AN EXTENSION IS GRANTED. THE TIME WITHIN WHICH THE FEDERAL DEFENDANTS MAY RESPOND TO THE MOTION FOR CLASS CERTIFICATION AND FOR APPOINTMENT OF CLASS COUNSEL IS EXTENDED UNTIL 6/26/09; ETC.. SIGNED BY HONORABLE JUAN R. SANCHEZ ON 5/15/09. 5/15/09 ENTERED AND COPIES MAILED, E-MAILED.(jl, ) (Entered: 05/15/2009)	RECAP
11	May 18, 2009	ORDER THAT FEDERAL DEFENDERS MOTION FOR EXTENSION IS GRANTED. THE TIME WITHIN WHICH THE FEDERAL DEFENDANTS MAY RESPOND TO THE MOTION FOR CLASS CERTIFICATION AND FOR APPOINTMENT OF CLASS COUNSEL IS EXTENDED UNTIL 6/26/09; ETC.. SIGNED BY HONORABLE JUAN R. SANCHEZ ON 5/18/09. 5/18/09 ENTERED AND E-MAILED.(jl, ) (Entered: 05/18/2009)	RECAP
12	May 19, 2009	STIPULATION AND ORDER THAT COMMONWEALTH DEFTS MAY RESPOND TO PLFFS' MOTION FOR CLASS CERTIFICATION ON OR BEFORE 6/30/09. SIGNED BY HONORABLE JUAN R. SANCHEZ ON 5/19/09. 5/20/09 ENTERED AND COPIES MAILED AND E-MAILED.(fb) (Entered: 05/20/2009)	RECAP
13	June 22, 2009	NOTICE of Appearance by CLIFFORD LEE REEVES, II on behalf of MICHAEL J. ASTRUE, CHARLES E. JOHNSON (REEVES, CLIFFORD) (Entered: 06/22/2009)	RECAP
14	June 22, 2009	Consent MOTION for Extension of Time to File Response/Reply as to 3 MOTION to Certify Class and for Appointment of Class Counsel; Proposed Order, 1 Complaint, filed by MICHAEL J. ASTRUE, CHARLES E. JOHNSON.. (Attachments: # 1 Text of Proposed Order)(REEVES, CLIFFORD) (Entered: 06/22/2009)	RECAP
15	June 23, 2009	ORDERED THAT A STATUS CONFERENCE REGARDING FEDERAL DEFENDANTS UNOPPOSED MOTION TO EXTEND FEDERAL DEFENDANTS' TIME TO RESPOND TO PLAINTIFFS' COMPLAINT AND MOTION FOR CLASS CERTIFICATION SHALL TAKE PLACE ON 6/26/09 AT 10;30 A.M.; ETC.. SIGNED BY HONORABLE JUAN R. SANCHEZ ON 6/23/09. 6/23/09 ENTERED AND COPIES MAILED, E-MAILED.(jl, ) (Entered: 06/23/2009)	RECAP
16	June 24, 2009	NOTICE of Appearance by JOHN S. WHITELAW on behalf of NARCISA GARCIA, SAU LIN SUM SO, CENTER FOR ADVOCACY FOR THE RIGHTS AND INTERESTS OF THE ELDERLY, ARC OF PENNSYLVANIA with Certificate of Service(WHITELAW, JOHN) (Entered: 06/24/2009)	RECAP
17	June 25, 2009	NOTICE of Appearance by SAMUEL I. BROOKS on behalf of NARCISA GARCIA, SAU LIN SUM SO, CENTER FOR ADVOCACY FOR THE RIGHTS AND INTERESTS OF THE ELDERLY, ARC OF PENNSYLVANIA with Certificate of Service(BROOKS, SAMUEL) (Entered: 06/25/2009)	RECAP
18	June 25, 2009	MOTION for Pro Hac Vice Admission of Gill DeFord filed by NARCISA GARCIA, SAU LIN SUM SO, CENTER FOR ADVOCACY FOR THE RIGHTS AND INTERESTS OF THE ELDERLY, ARC OF PENNSYLVANIA..(HIRSCH, AMY) (Entered: 06/25/2009)	RECAP
19	June 25, 2009	MOTION for Pro Hac Vice Admission of Patricia Nemore filed by NARCISA GARCIA, SAU LIN SUM SO, CENTER FOR ADVOCACY FOR THE RIGHTS AND INTERESTS OF THE ELDERLY, ARC OF PENNSYLVANIA..(HIRSCH, AMY) (Entered: 06/25/2009)	RECAP
20	June 25, 2009	MOTION for Pro Hac Vice Admission of Vicki Gottlich filed by NARCISA GARCIA, SAU LIN SUM SO, CENTER FOR ADVOCACY FOR THE RIGHTS AND INTERESTS OF THE ELDERLY, ARC OF PENNSYLVANIA..(HIRSCH, AMY) (Entered: 06/25/2009)	RECAP
21	June 25, 2009	MOTION for Pro Hac Vice Admission of Wey-Wey Kwok filed by NARCISA GARCIA, SAU LIN SUM SO, CENTER FOR ADVOCACY FOR THE RIGHTS AND INTERESTS OF THE ELDERLY, ARC OF PENNSYLVANIA..(HIRSCH, AMY) (Entered: 06/25/2009)	RECAP
22	June 26, 2009	AMENDED COMPLAINT against KATHLEEN SEBELIUS, MICHAEL J. ASTRUE, ESTELLE B. RICHMAN, DENISE CHAMBERS, filed by CHENGHONG HUANG, NARCISA GARCIA, SAU LIN SUM SO, CENTER FOR ADVOCACY FOR THE RIGHTS AND INTERESTS OF THE ELDERLY, ARC OF PENNSYLVANIA, MANYUAN LIU, CERTIFICATE OF SERVICE.(jl, ) (Entered: 06/26/2009)	RECAP
23	June 26, 2009	Amended MOTION to Certify Class and Appoint Class Counsel filed by CHENGHONG HUANG, NARCISA GARCIA, SAU LIN SUM SO, CENTER FOR ADVOCACY FOR THE RIGHTS AND INTERESTS OF THE ELDERLY, ARC OF PENNSYLVANIA, MANYUAN LIU..(HIRSCH, AMY) (Entered: 06/26/2009)	RECAP
24	June 26, 2009	ORDER THAT THE APPLICATION OF GILL DEFORD TO PRACTICE IN THIS COURT PRO HAC VICE IS GRANTED; ETC.. SIGNED BY HONORABLE JUAN R. SANCHEZ ON 6/26/09. 6/29/09 ENTERED AND COPIES MAILED, E-MAILED.(jl, ) (Entered: 06/29/2009)	RECAP
25	June 26, 2009	ORDER THAT THE APPLICATION OF PATRICIA B. NEMORE, ESQUIRE, TO PRACTICE IN THIS COURT IS GRANTED. SIGNED BY HONORABLE JUAN R. SANCHEZ ON 6/26/2009. 6/29/2009 ENTERED AND COPIES MAILED AND E-MAILED.(la, ) (Entered: 06/29/2009)	RECAP
26	June 26, 2009	ORDER THAT THE APPLICATION OF VICKI GOTTLICH, ESQUIRE, TO PRACTICE IN THIS COURT IS GRANTED. SIGNED BY HONORABLE JUAN R. SANCHEZ ON 6/26/2009. 6/29/2009 ENTERED AND COPIES MAILED.(la, ) (Entered: 06/29/2009)	RECAP
27	June 26, 2009	ORDER THAT THE APPLICATION OF WEY-WEY KWOK, ESQUIRE, TO PRACTICE IN THIS COURT IS GRANTED. SIGNED BY HONORABLE JUAN R. SANCHEZ ON 6/26/2009. 6/29/2009 ENTERED AND COPIES MAILED.(la, ) (Entered: 06/29/2009)	RECAP
	June 26, 2009	PRO HAC VICE fee: $ 160.00, receipt number 9268 (jl, )
28	July 1, 2009	Proposed Case Management Plan Jointly Agreed To By Plaintiffs and Defendants by CHENGHONG HUANG, NARCISA GARCIA, SAU LIN SUM SO, ARC OF PENNSYLVANIA, MANYUAN LIU, CENTER FOR ADVOCACY FOR THE RIGHTS AND INTERESTS OF THE ELDERLY. (WHITELAW, JOHN) Modified on 7/2/2009 (lisad, ). (Entered: 07/01/2009)	RECAP
29	July 13, 2009	CASE MANAGEMENT ORDER THAT DISCOVERY SHALL BE COMPLETED BY 2/1/11. PLFFS' DISPOSITIVE MOTIONS SHALL BE FILED NO LATER THAN 3/15/11. DEFTS' CROSS-MOTIONS AND OPPOSITIONS THERETO WILL BE FILED NO LATER THAN 4/15/11. MOTIONS IN LIMINE ARE DUE 7/1/11. PRETRIAL MEMORANDA ARE DUE 7/1/11. A FINAL PRETRIAL CONFERENCE SET FOR 7/6/2011 AT 10:00 AM. TRIAL POOL SET FOR 7/11/2011. ( SIGNED BY HONORABLE JUAN R. SANCHEZ ON 7/10/09. ) 7/13/09 ENTERED AND COPIES MAILED, E-MAILED.(gn, ) Modified on 7/22/2009 (gn, ). (Entered: 07/13/2009)	RECAP
30	July 15, 2009	Minute Entry for proceedings held before HONORABLE JUAN R. SANCHEZ: Status Conference held on 6/26/09. (jl, ) (Entered: 07/15/2009)	RECAP
31	Sept. 1, 2009	Joint MOTION for Extension of Time to File Joint Status Report filed by KATHLEEN SEBELIUS, MICHAEL J. ASTRUE.. (Attachments: # 1 Text of Proposed Order)(REEVES, CLIFFORD) (Entered: 09/01/2009)	RECAP
32	Sept. 2, 2009	STATUS REPORT AND JOINT REQUEST TO PLACE CASE IN CIVIL SUSPENSE; PROPOSED ORDER by CHENGHONG HUANG, NARCISA GARCIA, SAU LIN SUM SO, CENTER FOR ADVOCACY FOR THE RIGHTS AND INTERESTS OF THE ELDERLY, ARC OF PENNSYLVANIA, MANYUAN LIU. (HIRSCH, AMY) (Entered: 09/02/2009)	RECAP
33	Sept. 14, 2009	ORDER THAT THE PARTIES JOINT MOTION FOR EXTENSION OF TIME TO FILE A JOINT STATUS REPORT IS GRANTED; ETC.. SIGNED BY HONORABLE JUAN R. SANCHEZ ON 9/14/09.9/14/09 ENTERED AND COPIES MAILED, E-MAILED.(jl, ) (Entered: 09/14/2009)	RECAP
34	Sept. 15, 2009	ORDER THAT THE PARTIES JOINT REQUEST TO PLACE THE ABOVE CAPTIONED CASE IN SUSPENSE FOR SIXTY DAYS IS GRANTED. THE CLERK OF COURT IS DIRECTED TO PLACE THIS CASE IN SUSPENSE; ETC.. SIGNED BY HONORABLE JUAN R. SANCHEZ ON 9/15/09.9/15/09 ENTERED AND COPIES MAILED, E-MAILED.(jl, ) (Entered: 09/15/2009)	RECAP
35	Nov. 16, 2009	STATUS REPORT (JOINT); and Request To Continue Case In Civil Suspense; Proposed Order by CHENGHONG HUANG, NARCISA GARCIA, SAU LIN SUM SO, CENTER FOR ADVOCACY FOR THE RIGHTS AND INTERESTS OF THE ELDERLY, ARC OF PENNSYLVANIA, MANYUAN LIU. (HIRSCH, AMY) (Entered: 11/16/2009)	RECAP
36	Nov. 30, 2009	ORDERED THAT A TELECONFERENCE REGARDING THE PARTIES JOINT REQUEST TO CONTINUE THE ABOVE-CAPTIONED CASE IN CIVIL SUSPENSE SHALL BE HELD ON 12/21/09 AT 11:00 A.M.; ETC.. SIGNED BY HONORABLE JUAN R. SANCHEZ ON 11/30/09. 12/1/09 ENTERED AND COPIES MAILED, E-MAILED.(jl, ) (Entered: 12/01/2009)	RECAP
37	Dec. 21, 2009	ORDER THAT THE PARTIES JOINT REQUEST TO KEEP THE ABOVE-CAPTIONED CASE IN SUSPENSE FOR SIXTY DAYS IS GRANTED. IT IS FURTHER ORDERED A STATUS CONFERENCE SHALL TAKE PLACE ON 2/24/10 AT 10:30 A.M.; ETC.. SIGNED BY HONORABLE JUAN R. SANCHEZ ON 12/21/09. 12/22/09 ENTERED AND COPIES MAILED, E-MAILED.(jl, ) (Entered: 12/22/2009)	RECAP
38	Feb. 24, 2010	ORDER THAT THE PARTIES JOINT REQUEST TO KEEP THE ABOVE CAPTIONED CASE IN SUSPENSE FOR THRITY DAYS IS GRANTED. THE ABOVE-CAPTIONED SHALL REMAIN IN SUSPENSE UNTIL 3/25/10. A TELECONFERENCE SHALL TAKE PLACE ON 3/25/10 AT 11:00 A.M.; ETC.. SIGNED BY HONORABLE JUAN R. SANCHEZ ON 2/24/10. 2/24/10 ENTERED AND COPIES MAILED, E-MAILED.(jl, ) (Entered: 02/24/2010)	RECAP
39	Feb. 24, 2010	Minute Entry for proceedings held before HONORABLE JUAN R. SANCHEZ: Status Conference held on 2/24/10. (jl, ) (Entered: 02/24/2010)	RECAP
	March 10, 2010	Mail Returned as Undeliverable. Mail sent to DENISE CHAMBERS (jl, )
40	March 16, 2010	ORDERED THAT A TELECONFERENCE SHALL TAKE PLACE ON 4/1/10 AT 1:15 P.M.; ETC.. SIGNED BY HONORABLE JUAN R. SANCHEZ ON 3/16/10. 3/16/10 ENTERED AND COPIES MAILED, E-MAILED.(jl, ) (Entered: 03/16/2010)	RECAP
41	March 18, 2010	NOTICE of Voluntary Dismissal by ARC OF PENNSYLVANIA, CENTER FOR ADVOCACY FOR THE RIGHTS AND INTERESTS OF THE ELDERLY, NARCISA GARCIA, CHENGHONG HUANG, MANYUAN LIU, SAU LIN SUM SO As To Federal Defendants(WHITELAW, JOHN) (Entered: 03/18/2010)	RECAP
42	March 22, 2010	ORDER RE: PLAINTIFFS NOTICE OF VOLUNTARY DISMISSAL OF THE FEDERAL DEFENDANTS KATHLEEN SEBELIUS AND MICHAEL J. ASTRUE WITHOUT PREJUDICE; ETC.. SIGNED BY HONORABLE JUAN R. SANCHEZ ON 3/18/10. 3/22/10 ENTERED AND COPIES MAILED, E-MAILED.(jl, ) Modified on 3/23/2010 (afm, ). (Entered: 03/22/2010)	RECAP
	March 24, 2010	Mail Returned as Undeliverable. Mail sent to DENISE CHAMBERS (jl, )
43	April 13, 2010	Joint MOTION for Settlement, MOTION for Approval of Settlement; Proposed Order filed by ARC OF PENNSYLVANIA, CENTER FOR ADVOCACY FOR THE RIGHTS AND INTERESTS OF THE ELDERLY, DENISE CHAMBERS, DENISE CHAMBERS, NARCISA GARCIA, CHENGHONG HUANG, MANYUAN LIU, ESTELLE B. RICHMAN, ESTELLE B. RICHMAN, SAU LIN SUM SO..(WHITELAW, JOHN) (Entered: 04/13/2010)	RECAP
44	April 13, 2010	Minute Entry for proceedings held before HONORABLE JUAN R. SANCHEZ: Status Conference held on 4/1/10. (jl, ) (Entered: 04/13/2010)	RECAP
45	April 19, 2010	ORDER THAT A TELECONFERENCE TO DISCUSS THE PARTIES JOINT MOTION FOR SETTLEMENT SHALL BE HELD ON 4/23/10 AT 1:30 P.M.; ETC.. SIGNED BY HONORABLE JUAN R. SANCHEZ ON 4/19/10. 4/19/10 ENTERED AND COPIES MAILED, E-MAILED.(jl, ) (Entered: 04/19/2010)	RECAP
46	April 23, 2010	Minute Entry for proceedings held before HONORABLE JUAN R. SANCHEZ: Settlement Conference held on 4/23/10. (jl, ) (Entered: 04/23/2010)	RECAP
47	April 23, 2010	ORDER THAT THE ABOVE MATTER MAY PROCEED AS A CLASS ACTION PURSUANT TO FED.R.CIV.P. 23 (a) AND (b)(2). PLAINTIFFS' EXISTING COUNSEL ARE APPOINTING TO SERVE AS COUNSEL FOR THE CLASS. THE SETTLEMENT AGREEMENT IS APPROVED PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 23 (e). PURSUANT TO THE SETTLEMENT AGREEMENT, PLAINTIFFS CLAIMS AGAINST THE DPW DEFENDANTS ARE HEREBY DISMISSED; ETC.. SIGNED BY HONORABLE JUAN R. SANCHEZ ON 4/23/10. 4/23/10 ENTERED AND COPIES MAILED, E-MAILED.(jl, ) (Entered: 04/23/2010)	RECAP