Case: Stewart v. Azar

1:18-cv-00152 | U.S. District Court for the District of Columbia

Filed Date: Jan. 24, 2018

Case Ongoing

Clearinghouse coding complete

Case Summary

This lawsuit grew out of Kentucky’s attempts to impose Medicaid work requirements. On August 24, 2016, the Governor of Kentucky, Matt Bevin, submitted an application under Section 1115 of the Medicaid Act to the U.S. Department of Health and Human Services (HHS). He requested a waiver of various Medicaid Act requirements to implement the “Kentucky HEALTH” project, which required Medicaid enrollees to work in order to receive health insurance. Kentucky also sought to increase premiums and impose…

This lawsuit grew out of Kentucky’s attempts to impose Medicaid work requirements. On August 24, 2016, the Governor of Kentucky, Matt Bevin, submitted an application under Section 1115 of the Medicaid Act to the U.S. Department of Health and Human Services (HHS). He requested a waiver of various Medicaid Act requirements to implement the “Kentucky HEALTH” project, which required Medicaid enrollees to work in order to receive health insurance. Kentucky also sought to increase premiums and impose other eligibility restrictions. HHS approved the waiver.

In response, several Kentucky residents enrolled in the Kentucky Medicaid Program filed this lawsuit in the U.S. District Court for the District of Columbia on January 24, 2018. The plaintiffs sued HHS for violating the Administrative Procedure Act (APA) (5 U.S.C. §§ 551 et seq.). The plaintiffs, represented by the National Health Law Program, the Kentucky Equal Justice Center, and the Southern Poverty Law Center, sought declaratory and injunctive relief as well as attorneys’ fees and costs. The plaintiffs claimed the defendant’s waiver constituted an unauthorized attempt to rewrite the Medicaid Act and violated the APA.

On March 29, 2018, Governor Bevin filed an unopposed motion to intervene to defend his Section 1115 waiver. The court granted this intervention and the Commonwealth of Kentucky intervened as a defendant.

On March 30, 2018, the plaintiffs moved for summary judgment, arguing that the defendant lacked the authority to fundamentally restructure Medicaid through the approval of Kentucky HEALTH. The plaintiffs further argued that the defendant’s approval of the Kentucky HEALTH provisions exceeded statutory authority and was arbitrary and capricious.

On April 25, 2018, the defendants filed separate motions for summary judgment. The Commonwealth argued that the plaintiffs lacked standing, that their arguments about the scope of Section 1115 and Medicaid’s objectives were demonstrably wrong, and that HHS's approval of Kentucky HEALTH’s provisions was valid. HHS argued that Section 1115 of the Social Security Act conferred broad discretion to approve state projects and that it complied with all APA standards. HHS further argued that both the plaintiffs’ challenge to the individual components of Kentucky HEALTH and their challenge to HHS’s approval letter were non-justiciable and failed on their merits.

On June 29, 2018, the court (Judge James E. Boasberg) granted plaintiffs’ partial summary judgment motion and denied both defendants’ motions for summary judgment. In so doing, the court held that the plaintiffs had standing, the court had the ability to review the waiver approval, and that HHS’s waiver approval violated the APA. The court reasoned that the defendants’ “signal omission” was that it failed to “adequately consider [] whether Kentucky HEALTH would in fact help the state furnish medical assistance to its citizens.”

In an attempt to cure the deficiencies that the court had identified, HHS conducted further review and re-approved Kentucky HEALTH. That prompted another plaintiffs’ motion for partial summary judgment, which was filed on January 17, 2019. The defendants responded with separately filed motions for summary judgment on February 4, 2019.

On March 27, the court granted the plaintiffs’ motion for partial summary judgment and denied both defendants’ motions for summary judgment. The court again held that the Commonwealth had failed to adequately consider whether the program would help to provide adequate medical assistance to its citizens.

On April 10, the defendants appealed to D.C. Circuit, which heard oral arguments on October 11, 2019. But Kentucky abandoned the Kentucky HEALTH project on December 16. The D.C. Circuit dismissed the appeal as moot but declined to vacate the district court’s judgment. That allowed the plaintiffs to seek attorney’s fees, although they have not done so as of January 2020. The case remains open to the extent that the plaintiffs can pursue attorney’s fees.

This is one of a number of cases challenging Medicaid work requirements. In Philbrick v. Azar, a New Hampshire case, the court vacated the Trump administration’s approval of New Hampshire’s demand for work or community service from "able-bodied" adults enrolled in its Medicaid Program. In Gresham v. Azar and Rose v. Azar, from Arkansas and Indiana, respectively, courts similarly forbade the states from conditioning Medicaid eligibility on compliance with work requirements.

Summary Authors

Jake Parker (6/8/2018)

Bogyung Lim (2/5/2020)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/6282308/parties/stewart-v-hargan/


Judge(s)

Boasberg, James Emanuel (District of Columbia)

Attorneys(s) for Plaintiff

Blau, Zachary Michael Spiegel (District of Columbia)

Brooke, Samuel (Alabama)

Early, Emily C.R. (Alabama)

Gershengorn, Ian Heath (District of Columbia)

Jacobson, Samuel (District of Columbia)

Lam, Natacha Y. (District of Columbia)

McKee, Catherine A. (North Carolina)

Perkins, Jane (North Carolina)

Perrelli, Thomas J. (District of Columbia)

Judge(s)

Boasberg, James Emanuel (District of Columbia)

Attorneys(s) for Plaintiff

Blau, Zachary Michael Spiegel (District of Columbia)

Brooke, Samuel (Alabama)

Early, Emily C.R. (Alabama)

Gershengorn, Ian Heath (District of Columbia)

Jacobson, Samuel (District of Columbia)

Lam, Natacha Y. (District of Columbia)

McKee, Catherine A. (North Carolina)

Perkins, Jane (North Carolina)

Perrelli, Thomas J. (District of Columbia)

Rao, Devi M. (District of Columbia)

Regan, Anne Marie (Kentucky)

Sawhney, Neil K. (Alabama)

Somers, Sarah (North Carolina)

Stewart, Cara (Kentucky)

Attorneys(s) for Defendant

Andrapalliyal, Vinita (District of Columbia)

Burnham, James M (District of Columbia)

Davis, Ethan P. (District of Columbia)

Hartz, Lauren J. (District of Columbia)

Kishore, Deepthy (District of Columbia)

Skurnik, Matthew (District of Columbia)

Other Attorney(s)

Blatt, Lisa Schiavo (District of Columbia)

Escoriaza, Phillip A. (District of Columbia)

Gyamfi, Maame (District of Columbia)

Herklotz, Johann Frederick (Kentucky)

Higgins, Matthew J (District of Columbia)

Jones, Robert Stanton (District of Columbia)

Kleinert, Matthew Harold (Kentucky)

Kuhn, Matthew Franklin (Kentucky)

Meredith, Stephen Chad (Kentucky)

Pitt, Mark Stephen (Kentucky)

Waters, Edward T. (District of Columbia)

Documents in the Clearinghouse

Document

1:18-cv-00152

Docket [PACER]

Stewart v. Hargan

Jan. 24, 2020

Jan. 24, 2020

Docket
1

1:18-cv-00152

Class Action Complaint for Declaratory and Injunctive Relief

Stewart v. Hargan

Jan. 24, 2018

Jan. 24, 2018

Complaint
42

1:18-cv-00152

Memorandum Opinion

Stewart v. Hargan

April 10, 2018

April 10, 2018

Order/Opinion
74

1:18-cv-00152

Memorandum Opinion

313 F.Supp.3d 237

June 29, 2018

June 29, 2018

Order/Opinion
132

1:18-cv-00152

Memorandum Opinion

366 F.Supp.3d 125

March 27, 2019

March 27, 2019

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6282308/stewart-v-hargan/

Last updated July 23, 2022, 3:16 a.m.

ECF Number Description Date Link Date / Link

MINUTE ORDER: Petitioner commenced this miscellaneous action by the filing of three motions to compel respondents to produce documents pursuant to subpoenas. Petitioner now moves, pursuant to Rule 45(f) of the Federal Rules of Civil Procedure, to transfer the motions to the United States District Court for the Southern District of Mississippi. Google Inc.s Rule 45(f) Motion to Transfer (Document No. 9 ). In the memorandum in support of the motion to transfer, Petitioner describes its efforts to meet and confer with Respondents regarding the subpoenas; however, Petitioner does not include in the motion to transfer a statement that [it conferred with Respondents regarding the motion to transfer], and a statement as to whether the motion [to transfer] is opposed. See LCvR 7(m). It is, therefore, ORDERED that Petitioner shall promptly comply with Local Civil Rule 7(m), and thereafter, supplement its motion to transfer accordingly. In the interim, consideration of the motion to transfer is STAYED. Signed by Magistrate Judge Deborah A. Robinson on June 9, 2015. (lcdar2)

June 9, 2015

June 9, 2015

PACER

MINUTE ORDER granting 10 Motion for Leave to Appear Pro Hac Vice. Signed by Magistrate Judge Deborah A. Robinson on June 9, 2015. (lcdar2)

June 9, 2015

June 9, 2015

PACER

MINUTE ORDER: Motions for Leave to Appear Pro Hac Vice (Documents Nos. 19 ; 20 ; 21 ) are hereby GRANTED. Signed by Magistrate Judge Deborah A. Robinson on 6/22/2015. (lcdar1, )

June 22, 2015

June 22, 2015

PACER

MINUTE ORDER: Hearing on Google Inc.'s Rule 45(f) Motion to Transfer (Document No. 9 ) is hereby scheduled for 10:00 AM on 7/8/2015 in Courtroom 4. Signed by Magistrate Judge Deborah A. Robinson on 6/24/2015. (lcdar1, )

June 24, 2015

June 24, 2015

PACER

Set/Reset Hearings: Hearing on Google Inc.'s Rule 45(f) Motion to Transfer (Document No. 9 ) is set for 7/8/2015 at 10:00 AM in Courtroom 4 before Magistrate Judge Deborah A. Robinson. (lcdar1, )

June 24, 2015

June 24, 2015

PACER

MINUTE ORDER: Motion for Leave to Appear Pro Hac Vice (Document No. 25 ) is hereby GRANTED. Signed by Magistrate Judge Deborah A. Robinson on 6/26/2015. (lcdar1, )

June 26, 2015

June 26, 2015

PACER

Minute Entry for proceedings held before Magistrate Judge Deborah A. Robinson on 7/8/15 : Rule 45f Motion by Petitioner GOOGLE, INC. to Transfer 9, heard, argued and taken under advisement. Written opinion to be issued by the Court. Petitioner's counsel: Michael Rubin; Counsel for Respondent Digital Citizens Alliance: Eli Kay-Oliphant; Counsel for Respondents Motion Picture Assn. of America, Inc. and Jenner & Block: David Handzo. (Court Reporter : FTR Gold - Ctrm. 4; FTR Time Frames: 10:08:14 - 11:15:42 and 11:31:24 - 12:07:32) (kk)

July 8, 2015

July 8, 2015

PACER

Case transferred to the United States District Court for the Southern District of Mississippi, pursuant to Court Order entered 07/31/2015. Sent to Court by extraction. (jf)

Aug. 3, 2015

Aug. 3, 2015

PACER

Receipt on 08/03/2015 of Electronic Transfer. Other Court Number 3:15-mc-00560 sent by United States District Court for the Southern District of Mississippi. (zrdj)

Aug. 6, 2015

Aug. 6, 2015

PACER
1

COMPLAINT against ERIC HARGAN, DEMETRIOS L. KOUZOUKAS, BRIAN NEALE, THE CENTERS FOR MEDICARE AND MEDICAID SERVICES, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, SEEMA VERMA ( Filing fee $ 400 receipt number 0090-5300365) filed by KATELYN ALLEN, SHAWNA NICOLE MCCOMAS, GLASSIE MAE KASEY, RONNIE MAURICE STEWART, DAVID ROODE, WILLIAM BENNETT, LAKIN BRANHAM, MICHAEL WOODS, AMANDA SPEARS, SHEILA MARLENE PENNEY, QUENTON RADFORD, ALEXA HATCHER, SHANNA BALLINGER, KIMBERLY WITHERS, DAVE KOBERSMITH. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Summons, # 6 Summons, # 7 Summons, # 8 Summons, # 9 Summons, # 10 Civil Cover Sheet)(Perkins, Jane) (Entered: 01/24/2018)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Summons

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6 Summons

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7 Summons

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8 Summons

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9 Summons

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10 Civil Cover Sheet

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Jan. 24, 2018

Jan. 24, 2018

RECAP

Case Assigned/Reassigned

Jan. 24, 2018

Jan. 24, 2018

PACER
2

REQUEST FOR SUMMONS TO ISSUE filed by KATELYN ALLEN, SHAWNA NICOLE MCCOMAS, GLASSIE MAE KASEY, RONNIE MAURICE STEWART, DAVID ROODE, WILLIAM BENNETT, LAKIN BRANHAM, MICHAEL WOODS, AMANDA SPEARS, SHEILA MARLENE PENNEY, QUENTON RADFORD, ALEXA HATCHER, SHANNA BALLINGER, KIMBERLY WITHERS, DAVE KOBERSMITH.(Perkins, Jane) (Entered: 01/24/2018)

Jan. 24, 2018

Jan. 24, 2018

PACER

Case Assigned to Judge James E. Boasberg. (zsth)

Jan. 24, 2018

Jan. 24, 2018

PACER
3

REQUEST FOR SUMMONS TO ISSUE filed by KATELYN ALLEN, SHAWNA NICOLE MCCOMAS, GLASSIE MAE KASEY, RONNIE MAURICE STEWART, DAVID ROODE, WILLIAM BENNETT, LAKIN BRANHAM, MICHAEL WOODS, AMANDA SPEARS, SHEILA MARLENE PENNEY, QUENTON RADFORD, ALEXA HATCHER, SHANNA BALLINGER, KIMBERLY WITHERS, DAVE KOBERSMITH. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons)(Perkins, Jane) (Entered: 01/25/2018)

Jan. 25, 2018

Jan. 25, 2018

PACER
4

SUMMONS (6) Issued Electronically as to ERIC HARGAN, DEMETRIOS L. KOUZOUKAS, BRIAN NEALE, THE CENTERS FOR MEDICARE AND MEDICAID SERVICES, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, SEEMA VERMA. (Attachments: # 1 Notice and Consent)(znmw) (Entered: 01/26/2018)

Jan. 26, 2018

Jan. 26, 2018

PACER
5

REQUEST FOR SUMMONS TO ISSUE filed by KATELYN ALLEN, SHAWNA NICOLE MCCOMAS, GLASSIE MAE KASEY, RONNIE MAURICE STEWART, DAVID ROODE, WILLIAM BENNETT, LAKIN BRANHAM, MICHAEL WOODS, AMANDA SPEARS, SHEILA MARLENE PENNEY, QUENTON RADFORD, ALEXA HATCHER, SHANNA BALLINGER, KIMBERLY WITHERS, DAVE KOBERSMITH. (Attachments: # 1 Summons)(Perkins, Jane) (Entered: 02/09/2018)

Feb. 9, 2018

Feb. 9, 2018

PACER
6

MOTION to Transfer Case to the Eastern District of Kentucky, and Supporting Memorandum by CENTERS FOR MEDICARE AND MEDICAID SERVICES, ERIC HARGAN, DEMETRIOS L. KOUZOUKAS, BRIAN NEALE, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, SEEMA VERMA (Attachments: # 1 Text of Proposed Order)(Kishore, Deepthy) (Entered: 02/09/2018)

Feb. 9, 2018

Feb. 9, 2018

PACER
7

SUMMONS (2) Issued Electronically as to U.S. Attorney and U.S. Attorney General (znmw) (Entered: 02/12/2018)

Feb. 12, 2018

Feb. 12, 2018

PACER
8

NOTICE of Appearance by Thomas J. Perrelli on behalf of KATELYN ALLEN, SHANNA BALLINGER, WILLIAM BENNETT, LAKIN BRANHAM, ALEXA HATCHER, GLASSIE MAE KASEY, DAVE KOBERSMITH, SHAWNA NICOLE MCCOMAS, SHEILA MARLENE PENNEY, QUENTON RADFORD, DAVID ROODE, AMANDA SPEARS, RONNIE MAURICE STEWART, KIMBERLY WITHERS, MICHAEL WOODS (Perrelli, Thomas) (Entered: 02/19/2018)

Feb. 19, 2018

Feb. 19, 2018

PACER
9

NOTICE of Appearance by Lauren J. Hartz on behalf of KATELYN ALLEN, SHANNA BALLINGER, WILLIAM BENNETT, LAKIN BRANHAM, ALEXA HATCHER, GLASSIE MAE KASEY, DAVE KOBERSMITH, SHAWNA NICOLE MCCOMAS, SHEILA MARLENE PENNEY, QUENTON RADFORD, DAVID ROODE, AMANDA SPEARS, RONNIE MAURICE STEWART, KIMBERLY WITHERS, MICHAEL WOODS (Hartz, Lauren) (Entered: 02/19/2018)

Feb. 19, 2018

Feb. 19, 2018

PACER
10

NOTICE of Appearance by Devi M. Rao on behalf of KATELYN ALLEN, SHANNA BALLINGER, WILLIAM BENNETT, LAKIN BRANHAM, ALEXA HATCHER, GLASSIE MAE KASEY, DAVE KOBERSMITH, SHAWNA NICOLE MCCOMAS, SHEILA MARLENE PENNEY, QUENTON RADFORD, DAVID ROODE, AMANDA SPEARS, RONNIE MAURICE STEWART, KIMBERLY WITHERS, MICHAEL WOODS (Rao, Devi) (Entered: 02/20/2018)

Feb. 20, 2018

Feb. 20, 2018

PACER
11

NOTICE of Appearance by Samuel Jacobson on behalf of KATELYN ALLEN, SHANNA BALLINGER, WILLIAM BENNETT, LAKIN BRANHAM, ALEXA HATCHER, GLASSIE MAE KASEY, DAVE KOBERSMITH, SHAWNA NICOLE MCCOMAS, SHEILA MARLENE PENNEY, QUENTON RADFORD, DAVID ROODE, AMANDA SPEARS, RONNIE MAURICE STEWART, KIMBERLY WITHERS, MICHAEL WOODS (Jacobson, Samuel) (Entered: 02/20/2018)

Feb. 20, 2018

Feb. 20, 2018

PACER
12

NOTICE of Appearance by Natacha Y. Lam on behalf of KATELYN ALLEN, SHANNA BALLINGER, WILLIAM BENNETT, LAKIN BRANHAM, ALEXA HATCHER, GLASSIE MAE KASEY, DAVE KOBERSMITH, SHAWNA NICOLE MCCOMAS, SHEILA MARLENE PENNEY, QUENTON RADFORD, DAVID ROODE, AMANDA SPEARS, RONNIE MAURICE STEWART, KIMBERLY WITHERS, MICHAEL WOODS (Lam, Natacha) (Entered: 02/20/2018)

Feb. 20, 2018

Feb. 20, 2018

PACER
13

NOTICE of Appearance by Ian Heath Gershengorn on behalf of KATELYN ALLEN, SHANNA BALLINGER, WILLIAM BENNETT, LAKIN BRANHAM, ALEXA HATCHER, GLASSIE MAE KASEY, DAVE KOBERSMITH, SHAWNA NICOLE MCCOMAS, SHEILA MARLENE PENNEY, QUENTON RADFORD, DAVID ROODE, AMANDA SPEARS, RONNIE MAURICE STEWART, KIMBERLY WITHERS, MICHAEL WOODS (Gershengorn, Ian) (Entered: 02/20/2018)

Feb. 20, 2018

Feb. 20, 2018

PACER
14

NOTICE of Appearance by Catherine A. McKee on behalf of All Plaintiffs (McKee, Catherine) (Entered: 02/22/2018)

Feb. 22, 2018

Feb. 22, 2018

PACER
15

Memorandum in opposition to re 6 MOTION to Transfer Case to the Eastern District of Kentucky, and Supporting Memorandum filed by KATELYN ALLEN, SHANNA BALLINGER, WILLIAM BENNETT, LAKIN BRANHAM, ALEXA HATCHER, GLASSIE MAE KASEY, DAVE KOBERSMITH, SHAWNA NICOLE MCCOMAS, SHEILA MARLENE PENNEY, QUENTON RADFORD, DAVID ROODE, AMANDA SPEARS, RONNIE MAURICE STEWART, KIMBERLY WITHERS, MICHAEL WOODS. (Attachments: # 1 Exhibit A, # 2 Proposed Order)(Perkins, Jane) (Entered: 02/23/2018)

Feb. 23, 2018

Feb. 23, 2018

PACER
16

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 2/14/2018. Answer due for ALL FEDERAL DEFENDANTS by 4/15/2018. (Rao, Devi) (Entered: 03/01/2018)

March 1, 2018

March 1, 2018

PACER
17

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 02/14/2018. (Rao, Devi) (Entered: 03/01/2018)

March 1, 2018

March 1, 2018

PACER
18

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES served on 1/30/2018 (Rao, Devi) (Entered: 03/01/2018)

March 1, 2018

March 1, 2018

PACER
19

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. ERIC HARGAN served on 1/31/2018 (Rao, Devi) (Entered: 03/01/2018)

March 1, 2018

March 1, 2018

PACER
20

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. CENTERS FOR MEDICARE AND MEDICAID SERVICES served on 1/31/2018 (Rao, Devi) (Entered: 03/01/2018)

March 1, 2018

March 1, 2018

PACER
21

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. SEEMA VERMA served on 1/31/2018 (Rao, Devi) (Entered: 03/01/2018)

March 1, 2018

March 1, 2018

PACER
22

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DEMETRIOS L. KOUZOUKAS served on 1/31/2018 (Rao, Devi) (Entered: 03/01/2018)

March 1, 2018

March 1, 2018

PACER
23

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. BRIAN NEALE served on 1/31/2018 (Rao, Devi) (Entered: 03/01/2018)

March 1, 2018

March 1, 2018

PACER
24

Consent MOTION for Extension of Time to File Reply in Support of Motion to Transfer by CENTERS FOR MEDICARE AND MEDICAID SERVICES, ERIC HARGAN, DEMETRIOS L. KOUZOUKAS, BRIAN NEALE, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, SEEMA VERMA (Attachments: # 1 Text of Proposed Order)(Kishore, Deepthy) (Entered: 03/02/2018)

March 2, 2018

March 2, 2018

PACER

Order on Motion for Extension of Time to

March 2, 2018

March 2, 2018

PACER

MINUTE ORDER GRANTING 24 Motion for Extension of Time to File. The Court ORDERS that Defendants shall file their Reply in Support of their Motion to Transfer on or before March 5, 2018. So ORDERED by Judge James E. Boasberg on 3/2/2018. (lcjeb3)

March 2, 2018

March 2, 2018

PACER

Set/Reset Deadlines

March 2, 2018

March 2, 2018

PACER

Set/Reset Deadlines: Reply in Support of Motion to Transfer due by 3/5/2018. (lsj)

March 2, 2018

March 2, 2018

PACER
25

AMICUS BRIEF re 6 MOTION to Transfer Case to the Eastern District of Kentucky, and Supporting Memorandum filed by BRIAN NEALE, SEEMA VERMA, DEMETRIOS L. KOUZOUKAS, CENTERS FOR MEDICARE AND MEDICAID SERVICES, ERIC HARGAN, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES by COMMONWEALTH OF KENTUCKY. (Attachments: # 1 Exhibit January 12, 2018 Executive Order)(Kuhn, Matthew) Modified text to read "amicus brief" on 3/6/2018 (td). (Entered: 03/05/2018)

1 Exhibit January 12, 2018 Executive Order

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March 5, 2018

March 5, 2018

PACER
26

REPLY to opposition to motion re 6 MOTION to Transfer Case to the Eastern District of Kentucky, and Supporting Memorandum filed by CENTERS FOR MEDICARE AND MEDICAID SERVICES, ERIC HARGAN, DEMETRIOS L. KOUZOUKAS, BRIAN NEALE, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, SEEMA VERMA. (Kishore, Deepthy) (Entered: 03/05/2018)

March 5, 2018

March 5, 2018

PACER
27

Joint MOTION for Briefing Schedule by KATELYN ALLEN, SHANNA BALLINGER, WILLIAM BENNETT, LAKIN BRANHAM, ALEXA HATCHER, GLASSIE MAE KASEY, DAVE KOBERSMITH, SHAWNA NICOLE MCCOMAS, SHEILA MARLENE PENNEY, QUENTON RADFORD, DAVID ROODE, AMANDA SPEARS, RONNIE MAURICE STEWART, KIMBERLY WITHERS, MICHAEL WOODS (Attachments: # 1 Proposed Order)(Perkins, Jane) (Entered: 03/08/2018)

March 8, 2018

March 8, 2018

PACER

Order on Motion for Briefing Schedule

March 8, 2018

March 8, 2018

PACER
28

NOTICE of Filing Certified List of the Contents of the Administrative Record by CENTERS FOR MEDICARE AND MEDICAID SERVICES, ERIC HARGAN, DEMETRIOS L. KOUZOUKAS, BRIAN NEALE, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, SEEMA VERMA (Attachments: # 1 Certified List of the Contents of the Administrative Record)(Kishore, Deepthy) (Entered: 03/08/2018)

March 8, 2018

March 8, 2018

PACER

Set/Reset Deadlines

March 8, 2018

March 8, 2018

PACER

MINUTE ORDER GRANTING Joint 27 Motion for Briefing Schedule. The Court ORDERS that: 1) Plaintiffs shall file their Motion for Preliminary Injunction and/or Summary Judgment on or before March 30, 2018; 2) Defendants shall file their Opposition and Motion to Dismiss and/or for Summary Judgment on or before April 25, 2018; 3) Plaintiffs shall file their Opposition and Reply on or before May 14, 2018; 4) Defendants shall reply on or before May 24, 2018. So ORDERED by Judge James E. Boasberg on 3/8/2018. (lcjeb3)

March 8, 2018

March 8, 2018

PACER

Set/Reset Deadlines: Summary Judgment/Preliminary Injunction motions due by 3/30/2018. Response to Motion for Summary Judgment/Preliminary Injunction due by 4/25/2018. Reply to Motion for Summary Judgment/Preliminary Injunction due by 5/14/2018. Replies to Motion for Summary Judgment/Preliminary Injunction due by 5/24/2018. (znbn)

March 8, 2018

March 8, 2018

PACER
29

Unopposed MOTION for Leave to File Excess Pages Motion and Memorandum in Support of Summary Judgment by KATELYN ALLEN, SHANNA BALLINGER, WILLIAM BENNETT, LAKIN BRANHAM, ALEXA HATCHER, GLASSIE MAE KASEY, DAVE KOBERSMITH, SHAWNA NICOLE MCCOMAS, SHEILA MARLENE PENNEY, QUENTON RADFORD, DAVID ROODE, AMANDA SPEARS, RONNIE MAURICE STEWART, KIMBERLY WITHERS, MICHAEL WOODS (Perkins, Jane) (Entered: 03/28/2018)

March 28, 2018

March 28, 2018

PACER

MINUTE ORDER: The Court ORDERS that Plaintiffs' 29 Motion is GRANTED IN PART and DENIED IN PART. They may file a brief not to exceed 50 pages. So ORDERED by Judge James E. Boasberg on 3/29/2018. (lcjeb3)

March 29, 2018

March 29, 2018

PACER

Order on Motion for Leave to File Excess Pages

March 29, 2018

March 29, 2018

PACER
30

Unopposed MOTION to Intervene by COMMONWEALTH OF KENTUCKY (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order, # 3 Exhibit Proposed Answer)(Kuhn, Matthew) (Entered: 03/29/2018)

March 29, 2018

March 29, 2018

PACER
31

NOTICE of Filing Supplement to the Certified List of the Contents of the Administrative Record by CENTERS FOR MEDICARE AND MEDICAID SERVICES, ERIC HARGAN, DEMETRIOS L. KOUZOUKAS, BRIAN NEALE, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, SEEMA VERMA re 28 Notice (Other), (Attachments: # 1 Certification of the Supplemental Administrative Record)(Kishore, Deepthy) (Entered: 03/29/2018)

March 29, 2018

March 29, 2018

PACER

MINUTE ORDER: The Court ORDERS that the Commonwealth's 30 Motion to Intervene is GRANTED, and it shall be bound to the same extent as the federal Defendants to any current or future scheduling Order. So ORDERED by Judge James E. Boasberg on 3/30/2018. (lcjeb3)

March 30, 2018

March 30, 2018

PACER

Order on Motion to Intervene

March 30, 2018

March 30, 2018

PACER
32

ANSWER to Complaint by COMMONWEALTH OF KENTUCKY. (td) (Entered: 03/30/2018)

March 30, 2018

March 30, 2018

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33

MOTION for Summary Judgment by KATELYN ALLEN, SHANNA BALLINGER, WILLIAM BENNETT, LAKIN BRANHAM, ALEXA HATCHER, GLASSIE MAE KASEY, DAVE KOBERSMITH, SHAWNA NICOLE MCCOMAS, SHEILA MARLENE PENNEY, QUENTON RADFORD, DAVID ROODE, AMANDA SPEARS, RONNIE MAURICE STEWART, KIMBERLY WITHERS, MICHAEL WOODS (Attachments: # 1 Memorandum in Support, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13, # 15 Exhibit 14, # 16 Exhibit 15, # 17 Exhibit 16, # 18 Text of Proposed Order)(Perkins, Jane) (Entered: 03/30/2018)

3

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March 30, 2018

March 30, 2018

PACER
46

LEAVE TO FILE DENIED- Movant Amy Mischler's Motion for Limited Leave to File Notice and Motion for Warning Order to the Defendants This document is unavailable as the Court denied its filing.. Signed by Judge James E. Boasberg on 4/2/18. (td) Modified date filed on 4/19/2018 (ztd). (Entered: 04/17/2018)

April 2, 2018

April 2, 2018

PACER
34

NOTICE Regarding Defendants' Motion to Transfer by CENTERS FOR MEDICARE AND MEDICAID SERVICES, ERIC HARGAN, DEMETRIOS L. KOUZOUKAS, BRIAN NEALE, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, SEEMA VERMA re 6 MOTION to Transfer Case to the Eastern District of Kentucky, and Supporting Memorandum (Kishore, Deepthy) (Entered: 04/04/2018)

April 4, 2018

April 4, 2018

PACER
35

NOTICE of Appearance by Edward T. Waters on behalf of Scholars Amici (Waters, Edward) (Entered: 04/06/2018)

April 6, 2018

April 6, 2018

PACER
36

MOTION for Leave to File Amici Curiae Brief in Support of Plaintiffs' Motion for Summary Judgment by AARP, AARP FOUNDATION, Justice in Aging, National Academy of Elder Law Attorneys, Disability Rights Education and Defense Fund (Attachments: # 1 Proposed Brief of Amici Curiae, # 2 Text of Proposed Order)(Blatt, Lisa) (Entered: 04/06/2018)

April 6, 2018

April 6, 2018

PACER
37

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Phillip A. Escoriaza, :Firm- Feldesman Tucker Leifer Fidell LLP, :Address- 1129 20th Street NW, 4th Floor, Washington, DC 20036. Phone No. - 202-466-8960. Fax No. - 202-293-8103 Filing fee $ 100, receipt number 0090-5409592. Fee Status: Fee Paid. by Scholars Amici (Attachments: # 1 Declaration Phillip A. Escoriaza, # 2 Text of Proposed Order)(Waters, Edward) (Entered: 04/06/2018)

April 6, 2018

April 6, 2018

PACER
38

MOTION for Leave to File Brief for Amici Curiae by Scholars Amici (Attachments: # 1 Exhibit Proposed Amici Curiae Brief, # 2 Text of Proposed Order)(Waters, Edward) (Entered: 04/06/2018)

April 6, 2018

April 6, 2018

PACER
39

RESPONSE re: 34 to Defendant's Notice Regarding Their Motion to Transfer filed by KATELYN ALLEN, SHANNA BALLINGER, WILLIAM BENNETT, LAKIN BRANHAM, ALEXA HATCHER, GLASSIE MAE KASEY, DAVE KOBERSMITH, SHAWNA NICOLE MCCOMAS, SHEILA MARLENE PENNEY, QUENTON RADFORD, DAVID ROODE, AMANDA SPEARS, RONNIE MAURICE STEWART, KIMBERLY WITHERS, MICHAEL WOODS. (Perkins, Jane) Modified to add linkage on 4/9/2018 (td). (Entered: 04/06/2018)

April 6, 2018

April 6, 2018

PACER

MINUTE ORDER: The Court ORDERS that Amici's 36 Motion is GRANTED and their brief is deemed FILED. So ORDERED by Judge James E. Boasberg on 4/9/2018. (lcjeb3)

April 9, 2018

April 9, 2018

PACER

MINUTE ORDER granting 37 Motion Pro Hac Vice of PHILLIP A. ESCORIAZA. So ORDERED by Judge James E. Boasberg on 4/9/2018. (lcjeb3)

April 9, 2018

April 9, 2018

PACER

Order on Motion for Leave to Appear Pro Hac Vice

April 9, 2018

April 9, 2018

PACER

MINUTE ORDER: The Court ORDERS that the Scholars Amici's 38 Motion is DENIED WITHOUT PREJUDICE for violating the Court's local rule concerning excessive footnotes. Should Amici wish to refile, their brief should contain no more than 10 footnotes containing no more than 50 aggregate lines of text. So ORDERED by Judge James E. Boasberg on 4/9/2018. (lcjeb3)

April 9, 2018

April 9, 2018

PACER

Order on Motion for Leave to File

April 9, 2018

April 9, 2018

PACER
40

AMICUS BRIEF by AARP, AARP FOUNDATION, JUSTICE IN AGING, NATIONAL ACADEMY OF ELDER LAW ATTORNEYS, DISABILITY RIGHTS EDUCATION AND DEFENSE FUND . (td) Modified to add filers on 4/12/2018 (td). (Entered: 04/09/2018)

April 9, 2018

April 9, 2018

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41

ORDER DENYING Defendants' 6 Motion to Transfer Venue. Signed by Judge James E. Boasberg on 4/10/18. (lcjeb1) (Entered: 04/10/2018)

April 10, 2018

April 10, 2018

PACER

Order on Motion for Leave to File

April 10, 2018

April 10, 2018

PACER
42

MEMORANDUM AND OPINION re 41 Order. Signed by Judge James E. Boasberg on 4/10/18. (lcjeb1) (Entered: 04/10/2018)

April 10, 2018

April 10, 2018

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43

MOTION for Leave to File Brief by Scholars Amici (Attachments: # 1 Proposed Amici Curiae Brief by Scholars Amici)(Waters, Edward) (Entered: 04/10/2018)

April 10, 2018

April 10, 2018

PACER

MINUTE ORDER: The Court ORDERS that Amici's 43 Motion is GRANTED and their brief is deemed FILED. So ORDERED by Judge James E. Boasberg on 4/10/2018. (lcjeb3)

April 10, 2018

April 10, 2018

PACER
44

AMICUS BRIEF by DEANS, CHAIRS AND SCHOLARS. (td) (Entered: 04/11/2018)

April 10, 2018

April 10, 2018

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MINUTE ORDER: A conference call is hereby set for Tuesday, April 17, 2018, at 12:00 p.m. The Court ORDERS that the parties shall jointly call Chambers at (202) 354-3300 at this time. So ORDERED by Judge James E. Boasberg on 4/13/2018. (lcjeb3)

April 13, 2018

April 13, 2018

PACER

Order

April 13, 2018

April 13, 2018

PACER

Set/Reset Hearings: Telephone Conference set for 4/17/2018 at 12:00 PM in Chambers before Judge James E. Boasberg. (znbn)

April 13, 2018

April 13, 2018

PACER

Set/Reset Hearings

April 13, 2018

April 13, 2018

PACER
45

NOTICE of Appearance by Mark Stephen Pitt on behalf of COMMONWEALTH OF KENTUCKY (Pitt, Mark) (Entered: 04/16/2018)

April 16, 2018

April 16, 2018

PACER
47

NOTICE of Appearance by Stephen Chad Meredith on behalf of COMMONWEALTH OF KENTUCKY (Meredith, Stephen) (Entered: 04/17/2018)

April 17, 2018

April 17, 2018

PACER

Order

April 17, 2018

April 17, 2018

PACER

MINUTE ORDER: As discussed in today's conference call, the Court ORDERS that: 1) All parties shall file by May 7, 2018, copies of any portion of the administrative record or extra-record material (e.g., articles, studies, or reports) upon which they rely; and 2) All parties shall appear for argument on the pending motions on June 13, 2018, at 10:30 a.m. So ORDERED by Judge James E. Boasberg on 4/17/2018. (lcjeb3)

April 17, 2018

April 17, 2018

PACER

Set/Reset Deadlines/Hearings

April 17, 2018

April 17, 2018

PACER

Set/Reset Deadlines/Hearings: Copies of any portion of the administrative record or extra-record material due by 5/7/2018. Motion Hearing set for 6/13/2018 at 10:30 AM in Courtroom 25 before Judge James E. Boasberg. (znbn)

April 17, 2018

April 17, 2018

PACER
48

NOTICE of Appearance by Vinita B. Andrapalliyal on behalf of All Defendants (Andrapalliyal, Vinita) (Entered: 04/24/2018)

April 24, 2018

April 24, 2018

PACER
49

Consent MOTION for Leave to File Excess Pages by CENTERS FOR MEDICARE AND MEDICAID SERVICES, ERIC HARGAN, DEMETRIOS L. KOUZOUKAS, BRIAN NEALE, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, SEEMA VERMA (Attachments: # 1 Text of Proposed Order)(Andrapalliyal, Vinita) (Entered: 04/24/2018)

April 24, 2018

April 24, 2018

PACER
50

MOTION for Summary Judgment And Response to Plaintiffs' Motion for Summary Judgment by COMMONWEALTH OF KENTUCKY (Attachments: # 1 Memorandum in Support, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Text of Proposed Order)(Kuhn, Matthew) (Entered: 04/25/2018)

April 25, 2018

April 25, 2018

PACER
51

MOTION for Summary Judgment, MOTION to Dismiss by CENTERS FOR MEDICARE AND MEDICAID SERVICES, ERIC HARGAN, DEMETRIOS L. KOUZOUKAS, BRIAN NEALE, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, SEEMA VERMA (Attachments: # 1 Memorandum in Support of Federal Defendants' Motion to Dismiss or, In the Alternative, for Summary Judgment, # 2 Exhibit Exhibit List, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F, # 9 Exhibit G, # 10 Exhibit H, # 11 Exhibit I, # 12 Exhibit J, # 13 Exhibit K, # 14 Exhibit L, # 15 Exhibit M, # 16 Exhibit N, # 17 Exhibit O, # 18 Exhibit P, # 19 Exhibit Q, # 20 Exhibit R, # 21 Text of Proposed Order)(Kishore, Deepthy) (Entered: 04/25/2018)

1 Memorandum in Support of Federal Defendants' Motion to Dismiss or, In the A

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2 Exhibit Exhibit List

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3 Exhibit A

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4 Exhibit B

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5 Exhibit C

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6 Exhibit D

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7 Exhibit E

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8 Exhibit F

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9 Exhibit G

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10 Exhibit H

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11 Exhibit I

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12 Exhibit J

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13 Exhibit K

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14 Exhibit L

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15 Exhibit M

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16 Exhibit N

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17 Exhibit O

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18 Exhibit P

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19 Exhibit Q

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20 Exhibit R

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21 Text of Proposed Order

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April 25, 2018

April 25, 2018

RECAP
52

ENTERED IN ERROR. . . . .Memorandum in opposition to re 33 MOTION for Summary Judgment filed by CENTERS FOR MEDICARE AND MEDICAID SERVICES, ERIC HARGAN, DEMETRIOS L. KOUZOUKAS, BRIAN NEALE, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, SEEMA VERMA. (Attachments: # 1 Exhibit List, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L, # 14 Exhibit M, # 15 Exhibit N, # 16 Exhibit O, # 17 Exhibit P, # 18 Exhibit Q, # 19 Exhibit R)(Kishore, Deepthy) Modified on 4/26/2018 (ztd). (Entered: 04/25/2018)

April 25, 2018

April 25, 2018

PACER
53

RESPONSE re 33 MOTION for Summary Judgment filed by COMMONWEALTH OF KENTUCKY. (See document no. 50 to view) (td) (Entered: 04/26/2018)

April 25, 2018

April 25, 2018

PACER

NOTICE OF ERROR re 50 Motion for Summary Judgment; emailed to matt.kuhn@ky.gov, cc'd 23 associated attorneys -- The PDF file you docketed contained errors: 1. Two-part docket entry, 2. Do not Refile. FYI to remember to docket all parts of your document(s), if you have multiple events and/or reliefs. (ztd, )

April 26, 2018

April 26, 2018

PACER

NOTICE OF ERROR re 52 Memorandum in Opposition; emailed to deepthy.c.kishore@usdoj.gov, cc'd 23 associated attorneys -- The PDF file you docketed contained errors: 1. Please refile document, 2. The attached document is duplicate of the Memorandum In Support of your Motion. (ztd, )

April 26, 2018

April 26, 2018

PACER

Notice of QC

April 26, 2018

April 26, 2018

PACER

MINUTE ORDER GRANTING 49 Motion for Leave to File Excess Pages. The Court ORDERS that Federal Defendants shall file a brief not to exceed 50 pages. So ORDERED by Judge James E. Boasberg on 4/26/2018. (lcjeb3)

April 26, 2018

April 26, 2018

PACER

Order on Motion for Leave to File Excess Pages

April 26, 2018

April 26, 2018

PACER
54

Memorandum in opposition to re 33 MOTION for Summary Judgment filed by CENTERS FOR MEDICARE AND MEDICAID SERVICES, ERIC HARGAN, DEMETRIOS L. KOUZOUKAS, BRIAN NEALE, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, SEEMA VERMA. (Attachments: # 1 List of Exhibits Attached to Federal Defendants' Motion to Dismiss or, In the Alternative, for Summary Judgment)(Kishore, Deepthy) (Entered: 04/26/2018)

1 List of Exhibits Attached to Federal Defendants' Motion to Dismiss or, In

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April 26, 2018

April 26, 2018

RECAP
55

NOTICE of Filing of Administrative Record Excerpts by CENTERS FOR MEDICARE AND MEDICAID SERVICES, ERIC HARGAN, DEMETRIOS L. KOUZOUKAS, BRIAN NEALE, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, SEEMA VERMA (Attachments: # 1 Appendix of Excerpts from Administrative Record)(Andrapalliyal, Vinita) (Entered: 05/07/2018)

May 7, 2018

May 7, 2018

PACER
56

NOTICE OF FILING OF CITED SOURCES AND PORTIONS OF THE ADMINISTRATIVE RECORD by COMMONWEALTH OF KENTUCKY (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28)(Kuhn, Matthew) (Entered: 05/07/2018)

May 7, 2018

May 7, 2018

PACER
57

RESPONSE TO ORDER OF THE COURT re Order, / Plaintiff's Appendix filed by KATELYN ALLEN, SHANNA BALLINGER, WILLIAM BENNETT, LAKIN BRANHAM, ALEXA HATCHER, GLASSIE MAE KASEY, DAVE KOBERSMITH, SHAWNA NICOLE MCCOMAS, SHEILA MARLENE PENNEY, QUENTON RADFORD, DAVID ROODE, AMANDA SPEARS, RONNIE MAURICE STEWART, KIMBERLY WITHERS, MICHAEL WOODS. (Attachments: # 1 Declaration of Jane Perkins, # 2 Appendix Part I, # 3 Appendix Part II, # 4 Appendix Part III, # 5 Appendix Part IV)(Perkins, Jane) (Entered: 05/07/2018)

May 7, 2018

May 7, 2018

PACER

Case Details

State / Territory: District of Columbia

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Jan. 24, 2018

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Several Kentucky residents enrolled in the Kentucky Medicaid Program.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Southern Poverty Law Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Mooted before ruling

Defendants

United States, Federal

Commonwealth of Kentucky (Frankfort), State

Defendant Type(s):

Hospital/Health Department

Case Details

Causes of Action:

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

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

Source of Relief:

Litigation

Issues

General:

Government Services

Payment for care

Public assistance grants

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

Benefit Source:

Medicaid