Cordero v. The Secretary of Health and Human Services
Richard Cordero v. The Secretary of Health and Human Services, EmblemHealth, Maximus Federal Services, et al.
- Vargas
- 1:24-cv-09778
- U.S. District Court · Southern District of New York
- 2
In Cordero v. Secretary of Health and Human Services, Judge Vargas denied discovery in a Medicare-benefits case and set deadlines for motions.
Richard Cordero and the defendants, including the Government, EmblemHealth, and Maximus Federal Services; the order denied the plaintiff’s discovery request and established briefing deadlines.
What happened
Richard Cordero v. The Secretary of Health and Human Services, EmblemHealth, Maximus Federal Services, et al. concerns review of administrative decisions about Social Security benefits, including Medicare. The parties submitted proposals about the next steps in the case.
Richard Cordero requested permission to conduct discovery, but the Government, EmblemHealth, and Maximus Federal Services opposed that request. The court denied discovery because review under the cited federal law generally relies on the existing administrative record rather than additional evidence.
Judge Jeannette A. Vargas set deadlines for the Government’s and EmblemHealth’s motions for judgment on the pleadings and for the parties’ responses and replies. The order did not decide those pending motions.
The detailed version
- Cordero v. The Secretary of Health and Human Services · No. 1:24-cv-09778
- Vargas
- Sept. 30, 2025
Background
The court had previously ordered each party to submit a status letter proposing next steps. Richard Cordero requested permission to engage in discovery. The Government—the Secretary of Health and Human Services and the other named federal defendants—submitted a joint response with EmblemHealth opposing discovery and proposing a schedule for motions for judgment on the pleadings. Maximus Federal Services, Inc., which had a fully briefed motion to dismiss pending, also opposed discovery.
Discovery ruling
The court explained that review of administrative decisions about entitlement to Social Security benefits, including Medicare, generally proceeds on a closed administrative record. Citing 42 U.S.C. § 405(g), the court stated that it may consider only the pleadings and administrative record and that neither side may submit additional evidence to the district court. The court therefore denied Cordero’s request for discovery.
Briefing schedule and disposition
EmblemHealth filed a motion for judgment on the pleadings on September 26,
- The court ordered the Government to file its motion for judgment on the pleadings by October 10, 2025; Cordero to file oppositions or a cross-motion responding to the Government’s and EmblemHealth’s motions by November 7, 2025; the Government and EmblemHealth to file oppositions or replies by December 5, 2025; and Cordero to file reply papers by January 9,
- The court directed the clerk to terminate ECF No.
- Judge Jeannette A. Vargas did not decide the pending motions in this order.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.