Commonwealth of Massachusetts v. U.S. Department of Health and Human Services

Commonwealth of Massachusetts v. United States Department of Health and Human Services

Commonwealth of Massachusetts v. U.S. Department of Health and Human Services

Commonwealth of Massachusetts v. U.S. Department of Health and Human Services

698 F.Supp.2d 234

Commonwealth of Massachusetts v. U.S. Department of Health and Human Services

Commonwealth of Massachusetts v. U.S. Department of Health and Human Services

Commonwealth of Massachusetts v. U.S. Department of Health and Human Services

U. S. Court of Appeals for the First Circuit

Commonwealth of Massachusetts v. U.S. Department of Health and Human Services

U. S. Court of Appeals for the First Circuit

Commonwealth of Massachusetts v. U.S. Department of Health and Human Services

U. S. Court of Appeals for the First Circuit

682 F.3d 1, 2012 WL 1948017

U.S. Department of Health & Human Services v. Massachusetts

Supreme Court of the United States

COMPLAINT Payment will be delivered against all defendants, filed by Commonwealth of Massachusetts. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Civil Cover Sheet, # 6 Civil Cover Sheet)(Miller, Jonathan) (Entered: 07/08/2009)

1 Exhibit

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2 Exhibit

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3 Exhibit

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4 Exhibit

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5 Exhibit

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6 Civil Cover Sheet

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7 Civil Cover Sheet

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General Order 09-1, dated January 6, 2009 regarding the E-Government Act and Personal Identifiers entered. (Cummings, Mary) (Entered: 07/08/2009)

Summons Issued as to United States Department of Health and Human Services, Kathleen Sebelius, United States Department of Veterans Affairs, Eric K. Shinseki, United States of America. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Cummings, Mary) (Entered: 07/08/2009)

NOTICE of Appearance by Steven Y. Bressler on behalf of United States Department of Health and Human Services, Kathleen Sebelius, United States Department of Veterans Affairs, Eric K. Shinseki, United States of America (Bressler, Steven) (Entered: 09/02/2009)

SUMMONS Returned Executed by Commonwealth of Massachusetts. United States Department of Health and Human Services served on 8/13/2009, answer due 10/13/2009. (Miller, Jonathan) (Entered: 09/04/2009)

SUMMONS Returned Executed by Commonwealth of Massachusetts. Kathleen Sebelius served on 8/13/2009, answer due 10/13/2009. (Miller, Jonathan) (Entered: 09/04/2009)

SUMMONS Returned Executed by Commonwealth of Massachusetts. United States Department of Veterans Affairs served on 8/13/2009, answer due 10/13/2009. (Miller, Jonathan) (Entered: 09/04/2009)

SUMMONS Returned Executed by Commonwealth of Massachusetts. Eric K. Shinseki served on 8/13/2009, answer due 10/13/2009. (Miller, Jonathan) (Entered: 09/04/2009)

SUMMONS Returned Executed by Commonwealth of Massachusetts. United States of America served on 8/13/2009, answer due 10/13/2009. (Miller, Jonathan) (Entered: 09/04/2009)

MOTION to Intervene or MOTION for Leave to File Amicus Brief ( Responses due by 10/1/2009) by Mark Thomas.(Abaid, Kimberly) (Entered: 09/17/2009)

AFFIDAVIT by Mark Thomas. (Abaid, Kimberly) (Entered: 09/17/2009)

RESPONSE to Motion re 10 MOTION to Intervene MOTION for Leave to File filed by Commonwealth of Massachusetts. (Attachments: # 1 Exhibit)(Miller, Jonathan) (Entered: 10/01/2009)

RESPONSE to Motion re 10 MOTION to Intervene MOTION for Leave to File filed by United States Department of Health and Human Services, Kathleen Sebelius, United States Department of Veterans Affairs, Eric K. Shinseki, United States of America. (Bressler, Steven) (Entered: 10/01/2009)

Assented to MOTION for Extension of Time to October 30, 2009 to Respond to Plaintiff's Complaint by United States Department of Health and Human Services, Kathleen Sebelius, United States Department of Veterans Affairs, Eric K. Shinseki, United States of America.(Bressler, Steven) (Entered: 10/07/2009)

MOTION for Leave to Clarify Motion of September 17, 2009 by Mark Thomas.(Abaid, Kimberly) (Entered: 10/08/2009)

MOTION to Dismiss by United States Department of Health and Human Services, Kathleen Sebelius, United States Department of Veterans Affairs, Eric K. Shinseki, United States of America.(Bressler, Steven) (Entered: 10/30/2009)

MEMORANDUM in Support re 16 MOTION to Dismiss filed by United States Department of Health and Human Services, Kathleen Sebelius, United States Department of Veterans Affairs, Eric K. Shinseki, United States of America. (Bressler, Steven) (Entered: 10/30/2009)

Assented to MOTION for Leave to File Excess Pages in Defendants' Memorandum of Law in Support of Defendants' Motion to Dismiss (Docket Entry No. 17) by United States Department of Health and Human Services, Kathleen Sebelius, United States Department of Veterans Affairs, Eric K. Shinseki, United States of America.(Bressler, Steven) (Entered: 10/30/2009)

Letter from Maura T. Healey. (Abaid, Kimberly) (Entered: 11/03/2009)

STIPULATION And Proposed Order Regarding Schedule by Commonwealth of Massachusetts. (Healey, Maura) (Entered: 11/17/2009)

Judge Joseph L. Tauro: ENDORSEMENT re 20 Stipulation filed by Commonwealth of Massachusetts - APPROVED AND SO ORDERED. (Abaid, Kimberly) (Entered: 11/19/2009)

NOTICE of Withdrawal of Appearance for David Friedman (Miller, Jonathan) Modified on 1/26/2010 (Abaid, Kimberly). (Entered: 01/26/2010)

Assented to MOTION for Extension of Time to Respond to Defendants' Motion to Dismiss to February 18, 2010 by Commonwealth of Massachusetts. (Attachments: # 1 Exhibit)(Miller, Jonathan) (Entered: 01/29/2010)

MOTION to Intervene and File Motion to Dismiss by Mark Thomas.(Abaid, Kimberly) (Entered: 02/12/2010)

MOTION for Leave to File Excess Pages for Memorandum of Law in Opposition to Defendants' Motion to Dismiss and in Support of Plaintiff's Motion for Summary Judgment by Commonwealth of Massachusetts.(Miller, Jonathan) (Entered: 02/17/2010)

MOTION for Summary Judgment by Commonwealth of Massachusetts.(Miller, Jonathan) (Entered: 02/18/2010)

STATEMENT of facts re 26 MOTION for Summary Judgment. (Miller, Jonathan) (Entered: 02/18/2010)

MEMORANDUM in Support re 26 MOTION for Summary Judgment filed by Commonwealth of Massachusetts. (Miller, Jonathan) (Entered: 02/18/2010)

MEMORANDUM in Opposition re 16 MOTION to Dismiss filed by Commonwealth of Massachusetts. (Miller, Jonathan) (Entered: 02/18/2010)

AFFIDAVIT of Robin Callahan re 26 MOTION for Summary Judgment by Commonwealth of Massachusetts. (Miller, Jonathan) (Entered: 02/18/2010)

AFFIDAVIT of William Walls re 26 MOTION for Summary Judgment by Commonwealth of Massachusetts. (Miller, Jonathan) (Entered: 02/18/2010)

AFFIDAVIT of Kevin McHugh re 26 MOTION for Summary Judgment by Commonwealth of Massachusetts. (Miller, Jonathan) (Entered: 02/18/2010)

AFFIDAVIT of Dolores Mitchell re 26 MOTION for Summary Judgment by Commonwealth of Massachusetts. (Miller, Jonathan) (Entered: 02/18/2010)

AFFIDAVIT of Stanley Nyberg re 26 MOTION for Summary Judgment by Commonwealth of Massachusetts. (Miller, Jonathan) (Entered: 02/18/2010)

AFFIDAVIT of Michael Lamb re 26 MOTION for Summary Judgment by Commonwealth of Massachusetts. (Miller, Jonathan) (Entered: 02/18/2010)

AFFIDAVIT of Gary Segura re 26 MOTION for Summary Judgment by Commonwealth of Massachusetts. (Miller, Jonathan) (Entered: 02/18/2010)

AFFIDAVIT of Gregory Herek re 26 MOTION for Summary Judgment by Commonwealth of Massachusetts. (Miller, Jonathan) (Entered: 02/18/2010)

AFFIDAVIT of George Chauncey re 26 MOTION for Summary Judgment by Commonwealth of Massachusetts. (Miller, Jonathan) (Entered: 02/18/2010)

AFFIDAVIT of Nancy Cott re 26 MOTION for Summary Judgment by Commonwealth of Massachusetts. (Miller, Jonathan) (Entered: 02/18/2010)

AFFIDAVIT of Jonathan Miller re 26 MOTION for Summary Judgment by Commonwealth of Massachusetts. (Miller, Jonathan) (Entered: 02/18/2010)

RESPONSE to Motion re 24 MOTION to Intervene filed by Commonwealth of Massachusetts. (Healey, Maura) (Entered: 02/23/2010)

RESPONSE to Motion re 24 MOTION to Intervene filed by United States Department of Health and Human Services, Kathleen Sebelius, United States Department of Veterans Affairs, Eric K. Shinseki, United States of America. (Bressler, Steven) (Entered: 02/25/2010)

AFFIDAVIT of Robin Callahan re 26 MOTION for Summary Judgment (with signature) by Commonwealth of Massachusetts. (Miller, Jonathan) (Entered: 03/04/2010)

MEMORANDUM in Support re 26 MOTION for Summary Judgment filed by Commonwealth of Massachusetts. (Miller, Jonathan) (Entered: 03/25/2010)

Judge Joseph L. Tauro:ORDER entered. DENIED 10 Motion to Intervene or Motion for Leave to File Amicus Brief; DENIED 15 Motion for Leave to Clarify Motion of September 17, 2009; DENIED 24 Motion for Leave to Intervene and File a Motion to Dismiss. (Geraldino-Karasek, Clarilde) (Entered: 04/23/2010)

NOTICE of Appearance by Christopher R. Hall on behalf of Kathleen Sebelius, Eric K. Shinseki, United States Department of Health and Human Services, United States Department of Veterans Affairs, United States of America (Hall, Christopher) (Entered: 04/30/2010)

REPLY to Response to 16 MOTION to Dismiss and Consolidated Memorandum in Opposition to Plaintiff's Motion for Summary Judgment filed by Kathleen Sebelius, Eric K. Shinseki, United States Department of Health and Human Services, United States Department of Veterans Affairs, United States of America. (Attachments: # 1 Response to Plaintiff's Statement of Material Facts Not in Dispute)(Hall, Christopher) (Entered: 04/30/2010)

Response by United States of America to 27 Statement of facts. (Abaid, Kimberly) (Entered: 05/03/2010)

NOTICE of Appearance by Jessica M. Lindemann on behalf of Commonwealth of Massachusetts (Lindemann, Jessica) (Entered: 05/18/2010)

REPLY to Response to 26 MOTION for Summary Judgment filed by Commonwealth of Massachusetts. (Miller, Jonathan) (Entered: 05/19/2010)

Transcript of Motion Hearing held on May 26, 2010, before Judge Joseph L. Tauro. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Helena Kline at 508-525-7769 Redaction Request due 6/28/2010. Redacted Transcript Deadline set for 7/8/2010. Release of Transcript Restriction set for 9/7/2010. (Scalfani, Deborah) (Main Document 51 replaced on 6/9/2010) (Scalfani, Deborah). (Entered: 06/07/2010)

NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, a copy of which is attached to this entry.. (Scalfani, Deborah) (Entered: 06/07/2010)

MOTION to Leave to Intervene and MOTION to Compel Ruling pursuant to 28 U.S.C.A. § 1652; Rule 24 (b) United States Constitution Article IV § 4 and 14th Amendment by Mark A. Thomas.(Geraldino-Karasek, Clarilde) (Entered: 06/15/2010)

RESPONSE to Motion re 53 MOTION to Intervene filed by Commonwealth of Massachusetts. (Lindemann, Jessica) (Entered: 06/16/2010)

Judge Joseph L. Tauro: ORDER entered DENIED IN PART and DENIED IN PART AS MOOT re 53 Motion to Leave to Intervene and Motion to Compel Ruling pursuant to 28 U.S.C.A. § 1652; Rule 24 (b) United States Constitution Article IV § 4 and 14th Amendment by Mark A. Thomas. (Geraldino-Karasek, Clarilde) (Entered: 06/16/2010)

RESPONSE and AFFIDAVIT of Applicant-Intervenor filed by Mark Thomas re 55 . (Geraldino-Karasek, Clarilde) Modified to create document association on 6/25/2010 (Geraldino-Karasek, Clarilde). (Entered: 06/24/2010)

Judge Joseph L. Tauro: ORDER entered. Defendant's Motion to Dismiss re 16 is DENIED and Plaintiff's Motion for Summary Judgment re 26 is ALLOWED. IT IS ORDERED. (Main Document 57 replaced to correct docket entry on 7/8/2010) (Geraldino-Karasek, Clarilde). (Entered: 07/08/2010)

Judge Joseph L. Tauro: MEMORANDUM AND ORDER entered. Defendant's Motion to Dismiss re 16 is DENIED and Plaintff's Motion for Summary Judgment re 26 is ALLOWED. AN ORDER HAS ISSUED.(Main Document 58 replaced on 7/8/2010 to correct docket entry ) (Geraldino-Karasek, Clarilde). (Entered: 07/08/2010)

MOTION for Leave to Intervene and MOTION to Amend, Revise, or Vacate Judgment pursuant to Rule 24 (b); Rule 59 (e) and 14th Amendment Due Process Clause by Mark Thomas.(Geraldino-Karasek, Clarilde) (Entered: 07/20/2010)

Opposition re 59 MOTION for Leave to File filed by Commonwealth of Massachusetts. (Miller, Jonathan) (Entered: 07/23/2010)

MOTION for Leave to File Clarifying Points of Law to Movant's Rule 24(b) and 59 (e) Motions by Mark Thomas.(Geraldino-Karasek, Clarilde) (Entered: 07/26/2010)

Judge Joseph L. Tauro: ORDER entered. After reviewing the Parties' written submissions, this court hereby orders that: MOTION for Leave to Intervene and MOTION to Amend, Revise, or Vacate Judgment, re 59 IS DENIED and MOTION for Leave to File Clarifying Points of Law to Movant's Motion to Amend, Revise or Vacate Judgment re 61 IS DENIED. See Order for details. IT IS SO ORDERED. (Geraldino-Karasek, Clarilde) (Entered: 07/29/2010)

Judge Joseph L. Tauro: JUDGMENT ORDER entered. (Geraldino-Karasek, Clarilde) (Entered: 08/12/2010)

Assented to MOTION to Stay re 63 Judgment for Stay of Injunctive Relief Pending Appeal by Kathleen Sebelius, Eric K. Shinseki, United States Department of Health and Human Services, United States Department of Veterans Affairs, United States of America. (Attachments: # 1 Text of Proposed Order)(Simpson, W.) (Entered: 08/19/2010)

1 Text of Proposed Order

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Judge Joseph L. Tauro: ORDER entered ALLOWED 64 Motion to Stay of Injunctive Relief Pending Appeal. (Geraldino-Karasek, Clarilde) (Entered: 08/25/2010)

Judge Joseph L. Tauro: ORDER entered 64 . The Defendants' is GRANTED, and the injunctive relief entered as part of the judgment is this action is stayed pending the disposition of any appeal filed by the Defendants. (Geraldino-Karasek, Clarilde) (Entered: 08/25/2010)

MOTION to Intervene by Lamar Smith. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Proposed Notice of Appeal)(Moran, Philip) (Entered: 10/05/2010)

1 Exhibit 1

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2 Exhibit 2

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3 Proposed Notice of Appeal

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MEMORANDUM in Support re 67 MOTION to Intervene filed by Lamar Smith. (Moran, Philip) (Entered: 10/05/2010)

NOTICE of Appearance by Philip D. Moran on behalf of Lamar Smith (Moran, Philip) (Entered: 10/05/2010)

MOTION for Leave to Appear Pro Hac Vice for admission of Brian W. Raum, Byron J. Babione, Dale Schowengerdt Filing fee: $ 150, receipt number 0101-3096097 by Lamar Smith. (Attachments: # 1 Certificate of Brian W. Raum for Leave to Appear Pro Hac Vice, # 2 Certificate of Byron J. Babione for Leave to Appear Pro Hac Vice, # 3 Certificate of Dale Schowengerdt for Leave to Appear Pro Hac Vice, # 4 Proposed Order)(Moran, Philip) (Entered: 10/05/2010)

Defendants' NOTICE OF APPEAL as to 63 Judgment, 57 Memorandum & ORDER, 58 Order, by Kathleen Sebelius, Eric K. Shinseki, United States Department of Health and Human Services, United States Department of Veterans Affairs, United States of America Fee Status: US Government. NOTICE TO COUNSEL: A Transcript Report/Order Form, which can be downloaded from the First Circuit Court of Appeals web site at http://www.ca1.uscourts.gov/clerks/transcript.htm MUST be completed and submitted to the Court of Appeals. Counsel shall register for a First Circuit CM/ECF Appellate Filer Account at http://pacer.psc.uscourts.gov/cmecf. Counsel shall also review the First Circuit requirements for electronic filing by visiting the CM/ECF Information section at http://www.ca1.uscourts.gov/efiling.htm. US District Court Clerk to deliver official record to Court of Appeals by 11/1/2010. (Hall, Christopher) (Entered: 10/12/2010)

Certified and Transmitted Abbreviated Electronic Record on Appeal to US Court of Appeals re 71 Notice of Appeal, (Ramos, Jeanette) (Entered: 10/12/2010)

NOTICE of Withdrawal re 67 MOTION to Intervene by Lamar Smith (Moran, Philip) (Modified on 10/20/2010 to correct docket entry Geraldino-Karasek, Clarilde). (Entered: 10/18/2010) (Entered: 10/18/2010)

NOTICE of Withdrawal of Appearance by Jessica M. Lindemann (Lindemann, Jessica) (Entered: 07/07/2011)

USCA Judgment as to 71 Notice of Appeal, filed by United States Department of Health and Human Services, Kathleen Sebelius, Eric K. Shinseki, United States of America, United States Department of Veterans Affairs. Upon consideration whereof, it is now here ordered, adjudged and decreed as follows: The judgment of the district court is affirmed. The mandate is stayed, maintaining the district court's stay of its injunctive judgment, pending further order of this court. The parties will bear their own costs on these appeals. Judgment issued in the USCA 5/31/2012 (Ramos, Jeanette) (Entered: 05/31/2012)

OPINION of USCA as to 71 Notice of Appeal, filed by United States Department of Health and Human Services, Kathleen Sebelius, Eric K. Shinseki, United States of America, United States Department of Veterans Affairs. Opinion issued in the USCA 5/31/2012 (Ramos, Jeanette) (Entered: 05/31/2012)

Case Appealed to Supreme Court, Case Number 12−15. The petition for a writ of certiorari in the above entitled case was filed on July 3, 2012. (Ramos, Jeanette) (Entered: 07/09/2012)

Case Appealed to Supreme Court, Case Number 12−97. The petition for a writ of certiorari in the above entitled case was filed on July 20, 2012 (Ramos, Jeanette) (Entered: 07/31/2012)

Order entered from the U.S. Supreme Court. The Petition for a Writ of Certiorari is Denied. (Paine, Matthew) (Entered: 06/28/2013)

Order entered from the U.S. Supreme Court. The Petition for a Writ of Certiorari is Denied. (Paine, Matthew) (Entered: 06/28/2013)

MANDATE of USCA as to 71 Notice of Appeal filed by United States Department of Health and Human Services, Kathleen Sebelius, Eric K. Shinseki, United States of America, United States Department of Veterans Affairs. Appeal 71 Terminated (Paine, Matthew) (Entered: 07/02/2013)