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Case 2:07-cv-00816-JS-ETB Document 11 Filed 03/01/2007 Page 1 of 9
Plaintiffs,
- against - ORDER
07-CV-816(JS)(ETB)
MICHAEL O. LEAVITT, in his official
capacity as Secretary of Health and
Human Services of the United States
Department of Health and Human
Services, ELIZABETH M. DUKE, in her
official capacity as Administrator
for the Health Resources and Services
Administration of the United States,
Department of Health and Human
Services, and the UNITED STATES
DEPARTMENT OF HEALTH AND HUMAN
SERVICES,
Defendants.
-----------------------------------X
APPEARANCES:
INTRODUCTION
Dockets.Justia.com
Case 2:07-cv-00816-JS-ETB Document 11 Filed 03/01/2007 Page 2 of 9
motion for the TRO. The parties consented to treating the denial
BACKGROUND
services for HIV and AIDS patients in Nassau and Suffolk Counties
However, Congress amended the Act on December 19, 2006, and revised
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2000 or more AIDS cases during the last five years. A locality is
a TGA if it had at least 1000 AIDS cases but less than 2000 AIDS
cases reported during the last five years. See 42 U.S.C. §§ 300ff-
11, 300ff-19.
¶¶ 33-34; Pls.’ Mem. 7.) DHHS also informed Suozzi that the change
less than the FY 2006 award.” (Pls.’ Mem. 7.) DHHS did not
provide any further information about the exact cut in funding that
localities spend Ryan White funding. The Act now requires 75% of
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on how to spend the funding, the Act provides a waiver for the cap
does not have any waiting lists for AIDS drug assistance program
will not be provided during fiscal year 2007. (Id. ¶ 42.) During
would be decided in two weeks. (TRO Hr’g Tr. 25, Feb. 28, 2007).
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DISCUSSION
I. Legal Standard
N.Y., Inc. v. City of New York, 03-CV-9672, 2004 U.S. Dist. LEXIS
25063, at *12 (S.D.N.Y. Dec. 10, 2004). For this Court to issue a
Spitzer, 408 F.3d 112, 114 (2d Cir. 2005) (citations omitted). A
and one that cannot be remedied ‘if a court waits until the end of
the merits.
The second prong that Plaintiffs must meet for this Court
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merits. See Freedom Holdings, Inc., 408 F.3d at 114. For purposes
their claims. Wali v. Coughlin, 754 F.2d 1015, 1025 (2d Cir. 1984)
the merits.
cumulative total of more than 2,000 cases of AIDS during the most
Act defines a TGA as “a metropolitan area for which there has been
total of at least 1,000, but fewer than 2,000, cases of AIDS during
the most recent period of 5 calendar years for which such data is
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was 1505, which the Director of CDC reported and confirmed. Based
42 U.S.C. § 300ff-11(b).
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case count for the period 2001-2005 was 1505, this number was not
more than 2000 reported cases of AIDS for the most recent 5-year
EMA in 2006 but lost such status for 2007. Congress also explains
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not met the second requirement for this Court to issue a PI, the
CONCLUSION
SO ORDERED.
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