Case: Lankford v. Sherman

2:05-cv-04285 | U.S. District Court for the Western District of Missouri

Filed Date: Aug. 29, 2005

Closed Date: 2008

Clearinghouse coding complete

Case Summary

On August 29, 2005, seven low-income Missouri residents who received health coverage through Medicaid filed this lawsuit in the U.S. District Court for the Western District of Missouri. The plaintiffs sued the State of Missouri under the Medicaid Act, pursuant to 42 U.S.C. 1983 and the Supremacy Clause. The plaintiffs, represented by an array of public interest organizations, sought declaratory and injunctive relief, asking the court to enjoin Missouri from enforcing an emergency Medicaid regul…

On August 29, 2005, seven low-income Missouri residents who received health coverage through Medicaid filed this lawsuit in the U.S. District Court for the Western District of Missouri. The plaintiffs sued the State of Missouri under the Medicaid Act, pursuant to 42 U.S.C. 1983 and the Supremacy Clause. The plaintiffs, represented by an array of public interest organizations, sought declaratory and injunctive relief, asking the court to enjoin Missouri from enforcing an emergency Medicaid regulation that would deny plaintiffs access to durable medical equipment (DME). The plaintiffs claimed that the emergency regulation, eliminating coverage of DME for most categorically-needy Medicaid recipients in the state, violated the Medicaid Act's comparability requirements and reasonable standards provisions.

As background, DME includes a wide variety of medical devices and equipment, including wheelchairs, prosthetics, orthopedic devices and hospital beds. Before 2005, Missouri provided DME as a stand-alone benefit to all recipients of Medicaid in the state. However, due to budget constraints, Missouri eliminated coverage of DME except for residents who are needy children, blind, or pregnant. In September 2005, the state promulgated an emergency regulation that reinstated coverage of certain DME items for all Medicaid recipients -- while at the same time extended coverage of additional items only to recipients who are blind, pregnant, needy children or those receiving home health care. The plaintiffs, who did not fall into those categories, were unable to obtain coverage for previously covered DME. Rather than challenging the statute, the plaintiffs argued that the emergency regulation impermissibly extended DME coverage to blind recipients but not others -- in violation of federal law.

On September 13, 2005, the court (Judge Whipple) denied the plaintiffs' motion for a preliminary injunction. In evaluating the plaintiff's argument, Judge Whipple reasoned that the Missouri emergency regulations likely did not violate the comparability requirement of the Medicaid Act. Judge Whipple concluded that the plaintiffs had other ways of obtaining DME through the state's Medicaid program. Further, he noted that Missouri had filed for a waiver from the Department of Health and Human Services (HHS) and the Center for Medicare and Medicaid Services (CMS) to permit it to provide DME services to the blind (but not other categorically need persons such as the plaintiffs). The plaintiffs appealed the District Court's decision to the Eighth Circuit Court of Appeals.

On June 22, 2006, the Eighth Circuit (Judge Benton) vacated and remanded the District Court's decision, finding that the state DME regulation was likely preempted by the Supremacy Clause. (Lankford v. Sherman, 451 F.3d 496 (8th Cir. 2006)). The Eighth Circuit determined, in line with the District Court's conclusion, that Missouri's provision of DME did not violate the Medicaid Act's comparability requirement. After HHS/CMS denied the waiver, Missouri decided to cover DME for the blind using solely state (and no federal) funds, meaning that it need not comply with the federal requirement. For the same reasons, the court concluded that the provision of DME services did not violate the reasonable standards requirement. The court further concluded that the plaintiffs did not have a private right of action under 1983 to enforce Medicaid's reasonable-standards provision.

The Eighth Circuit concluded that Missouri's DME regulations conflicted with the federal regulations that implement Medicaid's reasonable-standards requirement; thus, the regulations violated the Supremacy Clause. The plaintiffs had argued that the state regulation was unreasonable because it failed to provide sufficient DME services to meet Medicaid's basic objectives and the state's proposed alternatives to obtain the necessary DME were insufficient. The court agreed, concluding that the plaintiffs established a likelihood that they would prevail on the merits of their preemption claim pertaining to the reasonable-standards requirement. The court explained that because likelihood of success on the merits is only one of the four factors in determining whether to grant a preliminary injunction and the district court failed to address the other facts, the case should be remanded.

On March 2, 2007, Judge Whipple, on remand, granted the plaintiffs' motion for summary judgment and for a preliminary injunction to enjoin enforcement of Missouri's emergency Medicaid regulations that essentially eliminated the plaintiffs' access through Medicaid of DME. Judge Whipple ordered the state to amend its current DME program to comply with Medicaid's reasonable-standards requirement, thus remedying the preemption problem that the Eighth Circuit found.

On June 1, 2008, the defendants informed the court that on May 18, 2007, the Missouri General Assembly had passed a bill that covered all medically necessary DME. As such, defendants asked the court to declare that they were in compliance with the court's March 2 order.

On January 23, 2008, Judge Whipple declared that the defendants were in compliance with that order. He noted, however, that the only issue before the court was the legality of Missouri's 2005 emergency regulations. By eliminating that proposed regulatory scheme, Missouri complied with the order. However, the court was not deciding whether the state's subsequent legislative action in May 2007 conformed with the reasonable-standards requirement.

Because Judge Whipple found the defendants in compliance with the March 2, 2007 order, the case is closed.

Summary Authors

Greg Margolis (2/12/2017)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4657473/parties/lankford-v-sherman/


Judge(s)

Beam, Clarence Arlen (Nebraska)

Benton, William Duane (Missouri)

Whipple, Dean (Missouri)

Wollman, Roger Leland (South Dakota)

Attorneys(s) for Plaintiff

Ammann, John J. (Missouri)

Bobroff, Rochelle (District of Columbia)

Claggett, Daniel E. (Missouri)

Coffey, Eugene (District of Columbia)

Cohan, Marc (New York)

Ferber, Joel (Missouri)

Judge(s)

Beam, Clarence Arlen (Nebraska)

Benton, William Duane (Missouri)

Whipple, Dean (Missouri)

Wollman, Roger Leland (South Dakota)

Attorneys(s) for Plaintiff

Ammann, John J. (Missouri)

Bobroff, Rochelle (District of Columbia)

Claggett, Daniel E. (Missouri)

Coffey, Eugene (District of Columbia)

Cohan, Marc (New York)

Ferber, Joel (Missouri)

Ferry, Michael (Missouri)

Fessler, Erica Stephens (Hawaii)

Finkelstein, Michael H. (Missouri)

Freedman, Henry A. (New York)

Golinker, Lewis (New York)

Greider, Deborah (Illinois)

Hale, David E. (Missouri)

Kennedy (IL), Thomas E. III (Illinois)

King, Ed (District of Columbia)

LaCheen, Cary (New York)

Lever, Ann B. (Missouri)

Perkins, Jane (North Carolina)

Richie, Brooke (New York)

Siemon, Dorothy (District of Columbia)

Somers, Sarah (North Carolina)

Tasheff, Petra T. (New York)

Watson, Sidney D. (Missouri)

Attorneys(s) for Defendant

Gardner, Gary L. (Missouri)

Mahon, Victorine R. (Missouri)

Matanic, Bart A. (Missouri)

Vasterling, Gail (Missouri)

Documents in the Clearinghouse

Document

2:05-cv-04285

Docket [PACER]

Feb. 11, 2008

Feb. 11, 2008

Docket
1

2:05-cv-04285

Complaint

Aug. 29, 2005

Aug. 29, 2005

Complaint
17

2:05-cv-04285

Order

Sept. 13, 2005

Sept. 13, 2005

Order/Opinion
43

05-03587

Judgment [From Court of Appeals]

U. S. Court of Appeals for the Eighth Circuit

July 21, 2006

July 21, 2006

Order/Opinion
64

2:05-cv-04285

Order [Granting Plaintiffs' Motion for Preliminary Injunction]

March 2, 2007

March 2, 2007

Order/Opinion
76

2:05-cv-04285

Order

Jan. 23, 2008

Jan. 23, 2008

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4657473/lankford-v-sherman/

Last updated Aug. 2, 2022, 3:22 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Gary Sherman (Filing fee $250 receipt number 1073976) Service due by 12/27/2005, filed by Michael H. Finkelstein on behalf of Kimberly Vogelpohl, Adam Daniel Thomason, Rachel Ely, Susan Lavon Lankford, Joseph Everett, Donald Eugene Brown, Laura Lee Greathouse.(Finkelstein, Michael) Additional attachment(s) added on 8/30/2005 (Bax, Laura). (Entered: 08/29/2005)

Aug. 29, 2005

Aug. 29, 2005

41

ORDER - denying defendant's 19 motion to dismiss case. Signed by Judge Dean Whipple on 11/22/2005. (Johnson, Yvonne)

Nov. 22, 2005

Nov. 22, 2005

PACER
2

MOTION for temporary restraining order and preliminary injunction filed byMichael H. Finkelstein on behalf of all plaintiffs Suggestions in opposition/response due by 9/13/2005 unless otherwise directed by the court (Attachments: # 1 Attachment − Vogelpohl# 2 Attachment − Brown# 3 Attachment − Ely# 4 Attachment − Everett# 5 Attachment − Lankford# 6 Attachment − Thomason# 7 Attachment − Greathouse)(Finkelstein, Michael) (Entered: 08/29/2005)

Aug. 29, 2005

Aug. 29, 2005

3

SUGGESTIONS in support re 2 MOTION for temporary restraining order and preliminary injunction filed by Michael H. Finkelstein on behalf of Plaintiffs Kimberly Vogelpohl, Adam Daniel Thomason, Rachel Ely, Susan Lavon Lankford, Joseph Everett, Donald Eugene Brown, Laura Lee Greathouse. (Related document(s) 2 ) (Finkelstein, Michael) (Entered: 08/29/2005)

Aug. 29, 2005

Aug. 29, 2005

SUMMONS ISSUED as to Gary Sherman. (Bax, Laura) (Entered: 08/30/2005)

Aug. 29, 2005

Aug. 29, 2005

5

NOTICE of appearance by Victorine R. Mahon on behalf of Gary Sherman (Mahon, Victorine) (Entered: 08/30/2005)

Aug. 30, 2005

Aug. 30, 2005

6

SUGGESTIONS in opposition re 2 MOTION for temporary restraining order and preliminary injunction filed by Victorine R. Mahon on behalf of Defendant Gary Sherman. Reply suggestions due by 9/15/2005 unless otherwise directed by the court (Attachments: # 1 # 2 # 3 # 4 # 5 # 6)(Related document(s) 2 ) (Mahon, Victorine) (Entered: 08/31/2005)

Aug. 31, 2005

Aug. 31, 2005

7

Motion to allow Martha Jane Perkins to appear pro hac vice (Pro Hac fee $50 receipt number 237503) filed byJane Perkins on behalf of Kimberly Vogelpohl, Joseph Everett, Donald Eugene Brown (James, Carrie) (Entered: 08/31/2005)

Aug. 31, 2005

Aug. 31, 2005

ORDER granting 7 motion to appear pro hac vice approved by Clerk of Court. Attorney Jane Perkins for Plaintiffs. This is a text only entry and will serve as authorization for the pro hac participation by the attorney. No document is attached. . Signed by Judge Dean Whipple on 8/31/05. (James, Carrie) (Entered: 08/31/2005)

Aug. 31, 2005

Aug. 31, 2005

8

Motion to allow Edward King to appear pro hac vice (Pro Hac fee $50 receipt number 237504) filed byEd King on behalf of all plaintiffs (James, Carrie) (Entered: 08/31/2005)

Aug. 31, 2005

Aug. 31, 2005

ORDER granting 8 motion to appear pro hac vice approved by Clerk of Court. Attorney Ed King for plaintiffs. This is a text only entry and will serve as authorization for the pro hac participation by the attorney. No document is attached. . Signed by Judge Dean Whipple on 8/31/05. (James, Carrie) (Entered: 08/31/2005)

Aug. 31, 2005

Aug. 31, 2005

9

Motion to allow Eugene Coffey to appear pro hac vice (Pro Hac fee $50 receipt number 237504) filed byEugene Coffey on behalf of all plaintiffs (James, Carrie) (Entered: 08/31/2005)

Aug. 31, 2005

Aug. 31, 2005

ORDER granting 9 motion to appear pro hac vice approved by Clerk of Court. Attorney Eugene Coffey for plaintiffs. This is a text only entry and will serve as authorization for the pro hac participation by the attorney. No document is attached. . Signed by Judge Dean Whipple on 8/31/05. (James, Carrie) (Entered: 08/31/2005)

Aug. 31, 2005

Aug. 31, 2005

10

Motion to allow Michael Ferry to appear pro hac vice (Pro Hac fee $50 receipt number 237505) filed by Michael A. Berry on behalf of all plaintiffs (James, Carrie) Modified on 9/2/2005 to correct docket text (Bax, Laura). (Entered: 08/31/2005)

Aug. 31, 2005

Aug. 31, 2005

ORDER granting 10 motion to appear pro hac vice approved by Clerk of Court. Attorney Michael A. Ferry for Plaintiffs. This is a text only entry and will serve as authorization for the pro hac participation by the attorney. No document is attached. . Signed by Judge Dean Whipple on 8/31/05. (James, Carrie) (Entered: 08/31/2005)

Aug. 31, 2005

Aug. 31, 2005

11

ORDER − denying plaintiff's 2 motion for TRO. A Preliminary Injunction hearing is set for Sept. 7, 2005 at 2:30 p.m. in Courtroom 8B. Signed by Judge Dean Whipple on 9/1/2005. (Johnson, Yvonne) (Entered: 09/01/2005)

Sept. 1, 2005

Sept. 1, 2005

13

Plaintiffs' Reply to Defendants' Suggestions in Opposition to Motion for Temporary Restraining Order and Preliminary Injunction filed byMichael H. Finkelstein on behalf of all plaintiffs Suggestions in opposition/response due by 9/21/2005 unless otherwise directed by the court (Attachments: # 1 # 2 Exhibit # 3 Exhibit # 4 Exhibit # 5 Exhibit # 6 Exhibit # 7 Exhibit # 8 Exhibit # 9 Exhibit # 10 Exhibit # 11 Exhibit)(Finkelstein, Michael) 2 Modified on 9/7/2005 to correct docket text and terminate motion(Bax, Laura). (Entered: 09/06/2005)

Sept. 6, 2005

Sept. 6, 2005

14

SUGGESTIONS in opposition re 2 MOTION for temporary restraining order and preliminary injunction filed by Victorine R. Mahon on behalf of Defendant Gary Sherman. Reply suggestions due by 9/22/2005 unless otherwise directed by the court (Attachments: # 1)(Related document(s) 2 ) (Mahon, Victorine) (Entered: 09/07/2005)

Sept. 7, 2005

Sept. 7, 2005

NOTICE OF DOCKET MODIFICATION. A modification has been made to the document filed on 9/6/05 as Motion for TRO 13 . Docket text changed to correctly reflect document filed. Motion terminated as this document was not a motion. This document was not deleted and will not be refiled as a hearing is being held in regard to this document today. This is a text entry only − no document is attached. (Bax, Laura) (Entered: 09/07/2005)

Sept. 7, 2005

Sept. 7, 2005

27

JOINT EXHIBIT INDEX (Kee, Georgia) (Entered: 09/21/2005)

Sept. 7, 2005

Sept. 7, 2005

29

Minute Entry for proceedings held before Judge Dean Whipple : PRELIMINARY INJUNCTION HEARING held on 9/7/2005. All parties present. In favor of defendant. (Court Reporter Denna Lamken.) (Kee, Georgia) (Entered: 09/27/2005)

Sept. 7, 2005

Sept. 7, 2005

15

MOTION for leave to file Letter of September 1, 2005 from Centers for Medicare and Medicaid Services as a Supplement to the Record filed byVictorine R. Mahon on behalf of Gary Sherman Suggestions in opposition/response due by 9/26/2005 unless otherwise directed by the court (Attachments: # 1)(Mahon, Victorine) (Entered: 09/09/2005)

Sept. 9, 2005

Sept. 9, 2005

16

RESPONSE to motion re 15 MOTION for leave to file Letter of September 1, 2005 from Centers for Medicare and Medicaid Services as a Supplement to the Record filed by Joel Ferber on behalf of Plaintiffs Kimberly Vogelpohl, Adam Daniel Thomason, Rachel Ely, Susan Lavon Lankford, Joseph Everett, Donald Eugene Brown, Laura Lee Greathouse. Reply suggestions due by 9/26/2005 unless otherwise directed by the court (Related document(s) 15 ) (Ferber, Joel) (Entered: 09/09/2005)

Sept. 9, 2005

Sept. 9, 2005

17

ORDER − denying plaintiff's 2 MOTION for temporary restraining order and preliminary injunction. Signed by Judge Dean Whipple on 9/13/2005. (Johnson, Yvonne) (Entered: 09/14/2005)

Sept. 13, 2005

Sept. 13, 2005

18

ORDER − granting defendant's 15 motion for leave to supplement the record. Signed by Judge Dean Whipple on 9/15/2005. (Johnson, Yvonne) (Entered: 09/16/2005)

Sept. 15, 2005

Sept. 15, 2005

19

MOTION to dismiss case filed byVictorine R. Mahon on behalf of Gary Sherman Suggestions in opposition/response due by 10/3/2005 unless otherwise directed by the court (Mahon, Victorine) (Entered: 09/16/2005)

Sept. 16, 2005

Sept. 16, 2005

20

SUGGESTIONS in support re 19 MOTION to dismiss case filed by Victorine R. Mahon on behalf of Defendant Gary Sherman. (Related document(s) 19 ) (Mahon, Victorine) (Entered: 09/16/2005)

Sept. 16, 2005

Sept. 16, 2005

21

TRANSCRIPT of Telephone Conference held on 8/31/05 before Judge Dean Whipple. Court Reporter: Sandra Lamken. (Kee, Georgia) Modified on 7/13/2010 − Transcript added to event & paper document purged(Bax, Laura). (Entered: 09/20/2005)

Sept. 19, 2005

Sept. 19, 2005

22

TRANSCRIPT of Temporary Injunction Hearing held on 9/7/05 before Judge Dean Whipple. Court Reporter: Sandra Lamken. This is a text entry only − no document is attached. The transcript is available for review in the Clerk's Office. Please contact the court reporter listed above for copies. (Kee, Georgia) (Entered: 09/20/2005)

Sept. 19, 2005

Sept. 19, 2005

23

NOTICE OF APPEAL as to 17 Order by Kimberly Vogelpohl, Adam Daniel Thomason, Rachel Ely, Susan Lavon Lankford, Joseph Everett, Donald Eugene Brown, Laura Lee Greathouse. Filing fee $ 255, receipt number 1089091.

Sept. 20, 2005

Sept. 20, 2005

ORDER granting 24 motion to appear pro hac vice approved by Clerk of Court. Attorney Rochelle Bobroff for plaintiffs. This is a text only entry and will serve as authorization for the pro hac participation by the attorney. No document is attached. (Bax, Laura) (Entered: 09/20/2005)

Sept. 20, 2005

Sept. 20, 2005

25

Motion to allow Dorothy Siemon to appear pro hac vice (Pro Hac fee $50 receipt number 237577) filed byMichael H. Finkelstein on behalf of plaintiffs (Bax, Laura) (Entered: 09/20/2005)

Sept. 20, 2005

Sept. 20, 2005

ORDER granting 25 motion to appear pro hac vice approved by Clerk of Court. Attorney Dorothy Siemon for plaintiffs This is a text only entry and will serve as authorization for the pro hac participation by the attorney. No document is attached. (Bax, Laura) (Entered: 09/20/2005)

Sept. 20, 2005

Sept. 20, 2005

26

MOTION for order Injunction re 23 Notice of Appeal, filed byJoel Ferber on behalf of all plaintiffs Suggestions in opposition/response due by 10/5/2005 unless otherwise directed by the court (Related document(s) 23 ) (Ferber, Joel) (Entered: 09/20/2005)

Sept. 20, 2005

Sept. 20, 2005

28

TRANSMISSION of Notice of Appeal and docket sheet to US Court of Appeals re 23 Notice of Appeal, (Price, Jackie) (Entered: 09/21/2005)

Sept. 21, 2005

Sept. 21, 2005

***Appeal Receipt of Notice of Appeal and supporting documents received by USCA on: Wed Sep 21 15:16:57 CDT 2005 (Price, Jackie) (Entered: 09/21/2005)

Sept. 21, 2005

Sept. 21, 2005

US COURT OF APPEALS 8th Circuit CASE NUMBER 05−3587 for 23 Notice of Appeal. (Bax, Laura) (Entered: 09/22/2005)

Sept. 22, 2005

Sept. 22, 2005

30

SUGGESTIONS in opposition re 19 MOTION to dismiss case filed by Michael H. Finkelstein on behalf of Plaintiffs Kimberly Vogelpohl, Adam Daniel Thomason, Rachel Ely, Susan Lavon Lankford, Joseph Everett, Donald Eugene Brown, Laura Lee Greathouse. Reply suggestions due by 10/18/2005 unless otherwise directed by the court (Related document(s) 19 ) (Finkelstein, Michael) (Entered: 10/03/2005)

Oct. 3, 2005

Oct. 3, 2005

31

NOTICE of appearance by Gary L. Gardner on behalf of Gary Sherman (Gardner, Gary) (Entered: 10/05/2005)

Oct. 5, 2005

Oct. 5, 2005

32

SUGGESTIONS in opposition re 26 MOTION for order Injunction re 23 Notice of Appeal, filed by Gary L. Gardner on behalf of Defendant Gary Sherman. Reply suggestions due by 10/20/2005 unless otherwise directed by the court (Related document(s) 26 ) (Gardner, Gary) (Entered: 10/05/2005)

Oct. 5, 2005

Oct. 5, 2005

33

REPLY SUGGESTIONS to motion re 26 MOTION for order Injunction re 23 Notice of Appeal, filed by Joel Ferber on behalf of Plaintiffs Kimberly Vogelpohl, Adam Daniel Thomason, Rachel Ely, Susan Lavon Lankford, Joseph Everett, Donald Eugene Brown, Laura Lee Greathouse. (Related document(s) 26 ) (Ferber, Joel) (Entered: 10/06/2005)

Oct. 6, 2005

Oct. 6, 2005

34

REPLY SUGGESTIONS to motion re 19 MOTION to dismiss case filed by Gary L. Gardner on behalf of Defendant Gary Sherman. (Related document(s) 19 ) (Gardner, Gary) (Entered: 10/11/2005)

Oct. 11, 2005

Oct. 11, 2005

35

ORDER − denying plaintiff's 26 motion for an injunction pending appeal. Signed by Judge Dean Whipple on 10/14/2005. (Johnson, Yvonne) (Entered: 10/14/2005)

Oct. 14, 2005

Oct. 14, 2005

36

NOTICE of filing by Susan Lavon Lankford Certificate RegardingTranscript (Perkins, Jane) (Entered: 10/25/2005)

Oct. 25, 2005

Oct. 25, 2005

38

Motion to allow Cary LaCheen to appear pro hac vice (Pro Hac fee $50 receipt number 1122707) filed byJoel Ferber on behalf of all plaintiffs (Ferber, Joel) (Entered: 11/02/2005)

Nov. 2, 2005

Nov. 2, 2005

39

Joint MOTION to stay proceedings filed byJane Perkins on behalf of all plaintiffs Suggestions in opposition/response due by 11/30/2005 unless otherwise directed by the court (Perkins, Jane) (Entered: 11/15/2005)

Nov. 15, 2005

Nov. 15, 2005

40

ORDER − granting joint 39 motion to stay pending final disposition by the Eighth Circuit Court of Appeals on Plaintiffs' appeal of this Court's order denying a preliminary injunction in this case. Signed by Judge Dean Whipple on 11/22/2005. (Johnson, Yvonne) (Entered: 11/23/2005)

Nov. 22, 2005

Nov. 22, 2005

42

Appeal Remark re 23 : Advance opinion.(Bax, Laura) (Entered: 06/26/2006)

June 26, 2006

June 26, 2006

43

USCA JUDGMENT AND MANDATE as to 23 Notice of Appeal, filed by Susan Lavon Lankford,, Rachel Ely,, Joseph Everett,, Donald Eugene Brown,, Laura Lee Greathouse,, Kimberly Vogelpohl,, Adam Daniel Thomason, with mandate issued on 07/18/06 − judgment of court is vacated and remanded. (Attachments: # 1 8th Circuit Opinion)(Russel, Jeri) (Entered: 07/21/2006)

July 21, 2006

July 21, 2006

44

Motion to allow Sarah Somers to appear pro hac vice (Pro Hac fee $50 receipt number 06J0501) filed by Joel Ferber on behalf of all plaintiffs (Ferber, Joel) (Entered: 08/02/2006)

Aug. 2, 2006

Aug. 2, 2006

45

ORDER granting 38 44 motions to appear pro hac vice approved by Clerk of Court. Attorney Sarah Somers & Sarah Somers for plaintiffs allowed to appear pro hac vice. This is a text only entry and will serve as authorization for the pro hac participation by the attorney. No document is attached. Signed by Judge Dean Whipple on 8/2/06. (Bax, Laura) (Entered: 08/02/2006)

Aug. 2, 2006

Aug. 2, 2006

46

Supplemental MOTION for preliminary injunction filed by Jane Perkins on behalf of all plaintiffs Suggestions in opposition/response due by 9/5/2006 unless otherwise directed by the court (Attachments: # 1 # 2 # 3 # 4 # 5 # 6)(Perkins, Jane) (Entered: 08/18/2006)

Aug. 18, 2006

Aug. 18, 2006

47

SUGGESTION OF DEATH by Joseph Everett. (Perkins, Jane) (Entered: 08/18/2006)

Aug. 18, 2006

Aug. 18, 2006

48

SUPPLEMENT Attachment to Supplemental Suggestions . (Related document(s) 46 ) (Perkins, Jane) (Entered: 08/18/2006)

Aug. 18, 2006

Aug. 18, 2006

NOTICE OF DOCKET MODIFICATION. A modification has been made to Document No. 46. Exhibit #1 was deleted as it was duplicative to exhibit #4. This is a text entry only − no document is attached. (Bax, Laura) (Entered: 08/21/2006)

Aug. 21, 2006

Aug. 21, 2006

49

MOTION for summary judgment filed by Joel Ferber on behalf of all plaintiffs Suggestions in opposition/response due by 10/4/2006 unless otherwise directed by the court (Ferber, Joel) (Entered: 09/01/2006)

Sept. 1, 2006

Sept. 1, 2006

50

SUGGESTIONS in support re 49 MOTION for summary judgment filed by Joel Ferber on behalf of Plaintiffs Kimberly Vogelpohl, Adam Daniel Thomason, Rachel Ely, Susan Lavon Lankford, Joseph Everett, Donald Eugene Brown, Laura Lee Greathouse. (Related document(s) 49 ) (Ferber, Joel) (Entered: 09/01/2006)

Sept. 1, 2006

Sept. 1, 2006

51

NOTICE of filing by Kimberly Vogelpohl, Adam Daniel Thomason, Rachel Ely, Susan Lavon Lankford, Joseph Everett, Donald Eugene Brown, Laura Lee Greathouse re 50 Suggestions in Support of Motion, Notice REgarding Exhibit Attachment (Ferber, Joel) Modified on 9/5/2006 to reflect receipt of paper exhibits in the Clerk's Office. Copy sent to chambers in KC (Bax, Laura). (Entered: 09/01/2006)

Sept. 1, 2006

Sept. 1, 2006

52

NOTICE of appearance by Bart A. Matanic on behalf of Gary Sherman (Matanic, Bart) (Entered: 09/05/2006)

Sept. 5, 2006

Sept. 5, 2006

54

MOTION to withdraw as attorney filed by Gary L. Gardner on behalf of Gary Sherman Suggestions in opposition/response due by 9/21/2006 unless otherwise directed by the court (Gardner, Gary) (Entered: 09/06/2006)

Sept. 6, 2006

Sept. 6, 2006

55

RESPONSE to motion re 53 MOTION for extension of time filed by Jane Perkins on behalf of Plaintiffs Kimberly Vogelpohl, Adam Daniel Thomason, Rachel Ely, Susan Lavon Lankford, Joseph Everett, Donald Eugene Brown, Laura Lee Greathouse. Reply suggestions due by 9/25/2006 unless otherwise directed by the court (Related document(s) 53 ) (Perkins, Jane) (Entered: 09/08/2006)

Sept. 8, 2006

Sept. 8, 2006

56

ORDER − granting defendant's 54 motion to withdraw as attorney. Attorney Gary L. Gardner terminated. Signed by Judge Dean Whipple on 9/11/2006. (Johnson, Yvonne) (Entered: 09/12/2006)

Sept. 11, 2006

Sept. 11, 2006

57

ORDER − granting defendant's 53 motion for extension of time to respond to plaintiffs' supplemental memorandum to September 19, 2006. Signed by Judge Dean Whipple on 9/15/2006. (Johnson, Yvonne) (Entered: 09/15/2006)

Sept. 15, 2006

Sept. 15, 2006

58

SUGGESTIONS in opposition re 46 Supplemental MOTION for preliminary injunction filed by Gail Vasterling on behalf of Defendant Gary Sherman. Reply suggestions due by 10/4/2006 unless otherwise directed by the court (Attachments: # 1 Exhibit # 2 Exhibit # 3 Exhibit # 4 Exhibit # 5 Exhibit # 6 Exhibit)(Related document(s) 46 ) (Vasterling, Gail) (Entered: 09/19/2006)

Sept. 19, 2006

Sept. 19, 2006

59

REPLY SUGGESTIONS to motion re 46 Supplemental MOTION for preliminary injunction filed by Jane Perkins on behalf of Plaintiffs Kimberly Vogelpohl, Adam Daniel Thomason, Rachel Ely, Susan Lavon Lankford, Joseph Everett, Donald Eugene Brown, Laura Lee Greathouse. (Related document(s) 46 ) (Perkins, Jane) (Entered: 10/04/2006)

Oct. 4, 2006

Oct. 4, 2006

60

SUGGESTIONS in opposition re 49 MOTION for summary judgment filed by Gail Vasterling on behalf of Defendant Gary Sherman. Reply suggestions due by 10/20/2006 unless otherwise directed by the court (Attachments: # 1 Exhibit A# 2 Exhibit 1# 3 Exhibit B# 4 Exhibit C−1# 5 Exhibit C−2# 6 Exhibit D# 7 Exhibit E)(Related document(s) 49 ) (Vasterling, Gail) (Entered: 10/05/2006)

Oct. 5, 2006

Oct. 5, 2006

61

ANSWER to Complaint filed by Gail Vasterling on behalf of Defendant Gary Sherman.(Vasterling, Gail) (Entered: 10/05/2006)

Oct. 5, 2006

Oct. 5, 2006

62

REPLY SUGGESTIONS to motion re 49 MOTION for summary judgment filed by Jane Perkins on behalf of Plaintiffs Kimberly Vogelpohl, Adam Daniel Thomason, Rachel Ely, Susan Lavon Lankford, Joseph Everett, Donald Eugene Brown, Laura Lee Greathouse. (Attachments: # 1 Appendix A)(Related document(s) 49 ) (Perkins, Jane) (Entered: 10/20/2006)

Oct. 20, 2006

Oct. 20, 2006

63

ORDER − that oral argument on Plaintiff's Supplemental Moiton for Preliminary Injunction and Plainitffs' Motion for Summary Judgment will be held on 2/7/2007 at 8:30 A.M. at Courtroom 8B, Kansas City, MO. Signed by Judge Dean Whipple on 12/28/2006. (Johnson, Yvonne) (Entered: 12/28/2006)

Dec. 28, 2006

Dec. 28, 2006

65

CLERK'S JUDGMENT (Johnson, Yvonne) (Entered: 03/22/2007)

March 21, 2007

March 21, 2007

67

MAIL RETURNED as undeliverable. Mail sent to Marc Cohan. Document remailed to Marc Cohan at Room 1506, 275 7th Avenue, New York, NY. (Related document(s) 65 ) (Russel, Jeri) (Entered: 03/30/2007)

March 30, 2007

March 30, 2007

68

ORDER − granting defendant's 66 motion for extension of time. Defendant shall have sixty (60) days from the date of this order to notify the Court as to the actions it is taking to comply with this Court's March 2, 2007 Order. Pursuan to Defendant's request, in the intervenng sixty (60) days, the version of 13 C.S.R. Section 70−60.010 in effect on the date the Complaint was filed (Aug. 29, 2005) shall remain in effect. Signed by Judge Dean Whipple on 4/2/2007. (Johnson, Yvonne) (Entered: 04/02/2007)

April 2, 2007

April 2, 2007

69

MAIL RETURNED as undeliverable. Mail sent to Marc Cohan. (Related document(s) 68 ) (Kee, Georgia) (Entered: 04/11/2007)

April 10, 2007

April 10, 2007

70

RESPONSE to order re 64 Order on Motion for Preliminary Injunction,,, Order on Motion for Summary Judgment,, filed by Gail Vasterling on behalf of Defendant Gary Sherman. (Attachments: # 1 Exhibit 1# 2 Exhibit 1−A)(Related document(s) 64 ) (Vasterling, Gail) (Entered: 06/01/2007)

June 1, 2007

June 1, 2007

71

NOTICE of filing by Kimberly Vogelpohl, Adam Daniel Thomason, Rachel Ely, Susan Lavon Lankford, Joseph Everett, Donald Eugene Brown, Laura Lee Greathouse re 70 Response to order, Reply to Response to Order (Ferber, Joel) (Entered: 06/06/2007)

June 6, 2007

June 6, 2007

72

ORDER − The Court hereby ORDERS Defendant to respond to Plaintiffs Reply within thirty (30) days of the date of this Order. Signed by Judge Dean Whipple on 7/11/2007. (Johnson, Yvonne) (Entered: 07/11/2007)

July 11, 2007

July 11, 2007

73

RESPONSE to order re 72 Order filed by Gail Vasterling on behalf of Defendant Gary Sherman. (Related document(s) 72 ) (Vasterling, Gail) (Entered: 08/10/2007)

Aug. 10, 2007

Aug. 10, 2007

74

SUPPLEMENT Response to Defendant's Response to Court Order . (Related document(s) 1 ) (Lever, Ann) (Entered: 08/17/2007)

Aug. 17, 2007

Aug. 17, 2007

75

NOTICE of appearance by Erica L. Stephens on behalf of all plaintiffs (Stephens, Erica) (Entered: 08/27/2007)

Aug. 27, 2007

Aug. 27, 2007

76

ORDER − the Court finds that Defendant is in compliance with the requirements of the Court's March 2, 2007 Order. Any future actions by the parties shall be brought as either a new case or an action to enforce the Court's March 2, 2007 Order. Signed by District Judge Dean Whipple on 1/23/2008. (Johnson, Yvonne) (Entered: 01/23/2008)

Jan. 23, 2008

Jan. 23, 2008

77

MAIL RETURNED as undeliverable. Mail sent to Eugene Coffey. (Related document(s) 76 ) (Kee, Georgia) (Entered: 02/11/2008)

Feb. 11, 2008

Feb. 11, 2008

64

ORDER - granting plaintiffs' 46 Motion for preliminary injunction; granting plaintiff's 49 motion for summary judgment and ENJOINS Defendant from implementing and enforcing from implementing the amendment of Mo. Cod Regs. Ann. tit. 13 S ection 70-60.010 (2005) that became effective September 1, 2005. ORDERS that Plaintiffs post a bond of one dollar($1.00). See Fed. R. Civ.P. 65(c)(court may determine the amount it "deems proper".) Signed by Judge Dean Whipple on 3/2/2007. (Johnson, Yvonne)

March 2, 2007

March 2, 2007

RECAP

Case Details

State / Territory: Missouri

Case Type(s):

Public Benefits/Government Services

Key Dates

Filing Date: Aug. 29, 2005

Closing Date: 2008

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiffs are Missouri residents who depend on Medicaid for durable medical equipment (DME).

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

NDRN/Protection & Advocacy Organizations

Legal Services/Legal Aid

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State of Missouri , State

Defendant Type(s):

Hospital/Health Department

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Medicaid, 42 U.S.C §1396 (Title XIX of the Social Security Act)

Constitutional Clause(s):

Supremacy Clause

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Order Duration: 2007 - 2008

Content of Injunction:

Discrimination Prohibition

Preliminary relief denied

Issues

General:

Disparate Treatment

Funding

Government Services

Payment for care

Public benefits (includes, e.g., in-state tuition, govt. jobs)

Disability:

Mobility impairment

Benefit Source:

Medicaid