DocketNumber: 11-344-cv
Citation Numbers: 452 F. App'x 74
Judges: Lohier, Mauskopf, Raymond, Richard, Roslynn, Wesley
Filed Date: 2/15/2012
Status: Non-Precedential
Modified Date: 8/5/2023
11-344-cv McGRX, Inc., DBA McGregor's Medicine on Time v. State of Vermont et al. UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT SUMMARY ORDER RULINGS BY SUMMARY ORDER DO NOT HAVE PRECEDENTIAL EFFECT. CITATION TO A SUMMARY ORDER FILED ON OR AFTER JANUARY 1, 2007, IS PERMITTED AND IS GOVERNED BY FEDERAL RULE OF APPELLATE PROCEDURE 32.1 AND THIS COURT’S LOCAL RULE 32.1.1. WHEN CITING A SUMMARY ORDER IN A DOCUMENT FILED WITH THIS COURT, A PARTY MUST CITE EITHER THE FEDERAL APPENDIX OR AN ELECTRONIC DATABASE (WITH THE NOTATION “SUMMARY ORDER”). A PARTY CITING A SUMMARY ORDER MUST SERVE A COPY OF IT ON ANY PARTY NOT REPRESENTED BY COUNSEL. 1 At a stated term of the United States Court of Appeals 2 for the Second Circuit, held at the Daniel Patrick Moynihan 3 United States Courthouse, 500 Pearl Street, in the City of 4 New York, on the 15th day of February, two thousand twelve. 5 6 PRESENT: RICHARD C. WESLEY, 7 RAYMOND J. LOHIER, Jr. 8 Circuit Judges. 9 ROSLYNN R. MAUSKOPF 10 District Judge.* 11 12 13 MCGRX, INC., DBA MCGREGOR'S MEDICINE ON TIME, 14 15 Plaintiff-Appellant, 16 17 -v.- 11-344-cv 18 19 STATE OF VERMONT, DEPARTMENT OF VERMONT HEALTH ACCESS, PETER 20 SHUMLIN, Governor of the State of Vermont, DOUGLAS A. 21 RACINE, Secretary of the Agency of Human Services, SUSAN 22 BESIO, Director of the Office of Vermont Health Access, 23 NANCY HOGUE, Pharmacy Director for the Department of Vermont 24 Health Access, 25 26 Defendants-Appellees. 27 * Judge Roslynn R. Mauskopf, of the United States District Court for the Eastern District of New York, sitting by designation. 1 FOR APPELLANT: MATTHEW B. BYRNE (Robert F. O'Neill, on 2 the brief), Gravel and Shea PC, 3 Burlington, VT. 4 5 FOR APPELLEE: BRIDGET C. ASAY, Assistant Attorney 6 General (William E. Griffin, Assistant 7 Attorney General, on the brief), for 8 William H. Sorrell, Attorney General for 9 the State of Vermont, Montpelier, VT. 10 11 Appeal from the United States District Court for the 12 District of Vermont (Reiss, J.) 13 14 UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED 15 AND DECREED that the judgment of the United States District 16 Court for the District of Vermont be AFFIRMED. 17 Plaintiff-Appellant McGRX, Inc. appeals from a judgment 18 of the United States District Court for the District of 19 Vermont (Reiss, J.), granting, in part, Appellees’ motion to 20 dismiss, granting Appellees’ motion for abstention under 21 Younger v. Harris,401 U.S. 37
(1971), and denying 22 Appellant’s motion to amend its Second Amended Complaint. 23 We affirm on the limited ground of Younger abstention. 24 Younger clearly applies here and mandates federal court 25 abstention. Thus, we need not reach the other issues 26 addressed by the district court regarding standing or 27 Appellant’s alleged failure to state a claim. See Spargo v. 28 N.Y. State Comm’n on Judicial Conduct,351 F.3d 65
, 74 (2d 29 Cir. 2003). 2 1 Younger requires federal courts to abstain if: “(1) 2 there is a pending state proceeding, (2) that implicates an 3 important state interest, and (3) the state proceeding 4 affords the federal plaintiff an adequate opportunity for 5 judicial review of his or her federal . . . claims.” 6 Hartford Courant Co. v. Pellegrino,380 F.3d 83
, 100-01 (2d 7 Cir. 2004). 8 Here, it is undisputed that there is a pending state 9 proceeding. Although that proceeding was filed after this 10 federal action, that is no bar to Younger abstention as no 11 “proceedings of substance on the merits have taken place in 12 federal court.” See Hicks v. Miranda,422 U.S. 332
, 349 13 (1975). 14 The underlying state action undoubtedly implicates an 15 important state interest. In that action Vermont seeks to 16 remedy consumer fraud allegedly committed by Appellant as 17 well as to protect the financial integrity of its Medicaid 18 program—both important state interests. See, e.g., Trainor 19 v. Hernandez,431 U.S. 434
(1977). 20 Finally, Appellant will have an adequate opportunity to 21 raise its federal claims in the state action. Doe v. Conn., 22 Dep’t of Health Servs.,75 F.3d 81
, 86 (2d Cir. 1996). The 23 Vermont state court is more than capable of addressing 3 1 Appellant’s claims under the Americans with Disabilities 2 Act, the Rehabilitation Act, and the Due Process Clause of 3 the Fifth Amendment to the United States Constitution. Id.; 4 see also, e.g., Charbonneau v. Gorczyk,176 Vt. 140
(2003). 5 For the foregoing reasons, the judgment of the district 6 court is hereby AFFIRMED. Appellant’s other motions on this 7 appeal are denied as moot. 8 9 FOR THE COURT: 10 Catherine O’Hagan Wolfe, Clerk 11 12 4
thomas-j-spargo-jane-mcnally-and-peter-kermani , 351 F.3d 65 ( 2003 )
the-hartford-courant-company-american-lawyer-media-inc-dba-the , 380 F.3d 83 ( 2004 )
Trainor v. Hernandez , 97 S. Ct. 1911 ( 1977 )
John Doe, M.D. v. State of Connecticut, Department of ... , 75 F.3d 81 ( 1996 )
Hicks v. Miranda , 95 S. Ct. 2281 ( 1975 )