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ENCARNACION EX REL. GEORGE v. BARNHART

No. 00CIV.6597(LTSTHK), 01CIV.0821(LTSTHK).

180 F.Supp.2d 492 (2002)

Elisa ENCARNACION o/b/o Arlene George and Ana Felipe o/b/o Victoria Felipe, on behalf of themselves and all other persons similarly situated, Plaintiffs, v. Jo Anne B. BARNHART, Commissioner of Social Security, Defendant. Clarice Garner o/b/o Tyleke Hardmon, a minor, Plaintiff, v. Jo Anne B. Barnhart, Commissioner of Social Security, Defendant.

United States District Court, S.D. New York.

January 11, 2002.

Attorney(s) appearing for the Case

Center for Disability Advocacy Rights, Inc., New York City by James M. Baker, Christopher James Bowes, Kramer Levin Naftalis & Frankel LLP, New York City by Jeffrey S. Trachtman, Michelle A. Rossettie, Northern Manhattan Improvement Corporation, New York City, by Kenneth Rosenfeld, Matthew Chachere, for Plaintiffs.

Mary Jo White, United States Attorney for the Southern District of New York, New York City by Susan D. Baird, for Defendant.

OPINION ON MOTION TO CONSOLIDATE CASES, MOTION TO DISMISS THE GARNER ACTION, AND MOTION FOR LEAVE TO FILE SECOND AMENDED COMPLAINT IN ENCARNACION ACTION

SWAIN, District Judge.

Encarnacion v. Barnhart, 01 Civ. 6597, is a putative class action in which the named plaintiffs challenge certain regulations of the Commissioner of Social Security pertaining to the provision of disability benefits to children and seek review of the Commissioner's determinations...

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