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MACHADO v. LEAVITT

Civil Action No. 07-30111-MAP.

542 F.Supp.2d 185 (2008)

Sybil MACHADO, et al., Plaintiffs v. Michael O. LEAVITT, Secretary of Health and Human Services, and Michael J. Astrue, Commissioner of the Social Security Administration, Defendants.

United States District Court, D. Massachusetts.

April 9, 2008.

Attorney(s) appearing for the Case

Alice Bers, Western Mass. Legal Services, Springfield, MA, Gill Deford, Center for Medicare Advocacy, Inc., Willimantic, CT, Wey-Wey Kwok, Center for Medicare Advocacy, West Windsor, NJ, J. Patterson Rae, Center for Public Representation, Northampton, MA, for Plaintiffs.

Karen L. Goodwin, United States Attorney's Office, Springfield, MA, Peter Robbins, U.S. Department of Justice, Washington, DC, for Defendants.

MEMORANDUM AND ORDER REGARDING PLAINTIFFS' MOTION TO CERTIFY CLASS AND DEFENDANTS' MOTION TO DISMISS (Dkt. Nos. 2 & 27)

PONSOR, District Judge.

I. INTRODUCTION

Phrased generally, this lawsuit raises the following question: how egregious does an agency's failure to make timely corrections of its own mistakes have to be, and how much suffering do these uncorrected errors have to inflict, before a violation of due process may be...

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