Case: B.E. v. Teeter

2:16-cv-00227 | U.S. District Court for the Western District of Washington

Filed Date: Feb. 16, 2016

Closed Date: April 10, 2020

Clearinghouse coding complete

Case Summary

On February 16, 2016, Washington Medicaid enrollees filed this putative class action against the Washington State Health Care Authority (WHCA) under 42 U.S.C. § 1983 in the U.S. District Court for the Western District of Washington. The plaintiffs alleged that WHCA’s Hepatitis C (HCV) treatment policy violated Title XIX of the Social Security Act (also known as the “Medicaid Act”) by excluding qualified Medicaid recipients from medically necessary treatment, discriminating among similarly situa…

On February 16, 2016, Washington Medicaid enrollees filed this putative class action against the Washington State Health Care Authority (WHCA) under 42 U.S.C. § 1983 in the U.S. District Court for the Western District of Washington. The plaintiffs alleged that WHCA’s Hepatitis C (HCV) treatment policy violated Title XIX of the Social Security Act (also known as the “Medicaid Act”) by excluding qualified Medicaid recipients from medically necessary treatment, discriminating among similarly situated Medicaid recipients, and failing to provide treatment with reasonable promptness as required by 42 U.S.C. § 1396. The plaintiffs sought a court declaration that WHCA may not apply policies that limit treatment of HCV with direct-acting antiviral medications (DAAs) to Medicaid enrollees. The complaint further sought an injunction to prevent any future or ongoing efforts by WHCA to use and enforce such policies.

Specifically, a named plaintiff enrolled in Medicaid was diagnosed with HCV. Her doctor prescribed a type of DAA that could effectively cure the disease in more than 90% of the individuals treated. But when she attempted to fill her prescription through her Medicaid coverage, WHCA denied the request because the drug was too expensive. WHCA did not offer this plaintiff any other medication as an alternative to treat her HCV.

On March 18, 2016, the plaintiffs moved for a class certification and a preliminary injunction. District Judge John Coughenour granted plaintiffs’ Motion for Preliminary Injunction on May 27, 2016, enjoining WHCA from continuing to apply its 2015 HCV treatment policy in order to conform with existing state and federal Medicaid requirements.

On July 21, 2016, Judge Coughenour granted plaintiffs’ Motion for Class Certification after finding that the numerosity, commonality, typicality, and adequacy of representation requirements were all met. The Court certified the class as all individuals who 1) are or will be enrolled in WHCA’s Medicaid Program on or after October 10, 2014, 2) require HCV treatment with Harvoni or other similar DAAs, and 3) do not meet the coverage criteria for HCV medication adopted by WHCA in February 2015.

The parties then reached a settlement and on November 21, 2016, filed an joint motion for preliminary approval. Judge Coughenour preliminarily approved the settlement on January 5, 2017, and then held a fairness hearing.

On April 10, 2017, Judge Coughenour finally approved the settlement, finding it to be fair, reasonable, and adequate. The terms were: The 2016 Preliminary Injunction Order would remain in effect for three more years, with the Court retaining jurisdiction to enforce it; WHCA would pay each class representative $7,500 as a case contribution award, and class counsel was awarded fees and litigation costs totaling $343,394.

The three-year enforcement period has passed, and this case is closed.

Summary Authors

Sichun Liu (6/15/2020)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4537415/parties/be-v-teeter/


Judge(s)

Coughenour, John C. (Washington)

Attorneys(s) for Plaintiff

Costello, Kevin (Massachusetts)

Crewdson, Amy Louise (Washington)

Hamburger, Eleanor (Washington)

Spoonemore, Richard E. (Washington)

Attorneys(s) for Defendant

Iversen, Nissa Ann (Washington)

McCarthy, Angela D. Coats (Washington)

Meyer, Jennifer Smith (Washington)

Judge(s)

Coughenour, John C. (Washington)

Attorneys(s) for Plaintiff

Costello, Kevin (Massachusetts)

Crewdson, Amy Louise (Washington)

Hamburger, Eleanor (Washington)

Spoonemore, Richard E. (Washington)

Attorneys(s) for Defendant

Iversen, Nissa Ann (Washington)

McCarthy, Angela D. Coats (Washington)

Meyer, Jennifer Smith (Washington)

Documents in the Clearinghouse

Document

2:16-cv-00227

Docket [PACER]

May 23, 2019

May 23, 2019

Docket
1

2:16-cv-00227

Complaint

Feb. 16, 2016

Feb. 16, 2016

Complaint
40

2:16-cv-00227

Order Granting Motion for Preliminary Inunction

2016 WL 3033500

May 27, 2016

May 27, 2016

Order/Opinion
54

2:16-cv-00227

Order Certifying Class

2016 WL 3939674

July 21, 2016

July 21, 2016

Order/Opinion
59-1

2:16-cv-00227

Agreement to Settle Claims

Nov. 21, 2016

Nov. 21, 2016

Settlement Agreement
63

2:16-cv-00227

Order Granting Preliminary Approval of Settlement

Jan. 5, 2017

Jan. 5, 2017

Order/Opinion
87

2:16-cv-00227

Order Finally Approving Class Settlement

2017 WL 2899799

April 10, 2017

April 10, 2017

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4537415/be-v-teeter/

Last updated July 22, 2022, 3:11 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT (CLASS ACTION) against defendant(s) Dorothy F Teeter (Receipt # 0981-4341269) Attorney Eleanor Hamburger added to party B. E.(pty:pla), Attorney Eleanor Hamburger added to party A. R.(pty:pla), filed by A. R., B. E.. (Attachments: # 1 Exhibit A)(Hamburger, Eleanor) (Entered: 02/16/2016)

1 Exhibit A

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Feb. 16, 2016

Feb. 16, 2016

Clearinghouse
2

CIVIL COVER SHEET re 1 Complaint, ; filed by Plaintiffs B. E., A. R.. (Attachments: # 1 Summons)(Hamburger, Eleanor) (Entered: 02/16/2016)

1 Summons

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Feb. 16, 2016

Feb. 16, 2016

PACER

NOTICE to Filer: ATTACHMENTS FILED SEPARATELY:Please remember the Civil Cover Sheet and the Summons(es) should be attachments to your Complaint. The Summons(es) should never be attached to the Civil Cover Sheet, but instead, if you have forgotten to attach it to the Complaint, use the event "Praecipe For a Summons" found under "Other Documents." Thank you. (DJ)

Feb. 17, 2016

Feb. 17, 2016

PACER

U.S. District Judge John C. Coughenour added. (DJ)

Feb. 17, 2016

Feb. 17, 2016

PACER
3

Summons electronically issued as to defendant(s) Dorothy F. Teeter. (DJ) (Entered: 02/17/2016)

Feb. 17, 2016

Feb. 17, 2016

PACER
4

ORDER REGARDING DISCOVERY AND DEPOSITIONS by U.S. District Judge John C. Coughenour. (PP) (Entered: 02/18/2016)

Feb. 18, 2016

Feb. 18, 2016

PACER
5

MINUTE ENTRY re: STATUS CONFERENCE. The attorney who will be responsible for trying the case should attend the conference and be prepared to discuss the following matters at the conference: 1. The nature of the case; 2. The status of matters which are presently set before the Court, e.g., hearings, motions, etc.; 3. The status of discovery and a time schedule for its completion; 4. A statement of any legal issues about which motions are contemplated and a possible briefing schedule; 5. An estimate of the number of days needed for trial; 6. Whether the case is jury or non-jury; 7. The date by which the case will be ready for trial; 8. Settlement probabilities; and 9. Whether the parties consent to proceed to trial before an assigned magistrate judge pursuant to 28 U.S.C. 636(c). If counsel's office is outside of the Greater Metropolitan Seattle area, arrangements may be made to participate telephonically in the conference by contacting the Courtroom Deputy Clerk at (206) 370-8805 at least TEN (10) days prior to the proceeding. Counsel do NOT need to file a Joint Status Report or Rule 26(f) Report in advance of the Status Conference. Counsel should plan on arriving 10-15 minutes early to check in with the Courtroom Deputy Clerk, as the Court's calendar begins promptly at 9:00 a.m. COUNSEL OR THE PRO SE PARTY WHO FILED THIS MATTER SHALL IMMEDIATELY NOTIFY ALL PARTIES OF THE DATE AND TIME OF THE SCHEDULED STATUS CONFERENCE. A Status Conference is set for 5/24/2016 at 9:00 AM in Courtroom 16206 before U.S. District Judge John C. Coughenour. (PP) (Entered: 02/18/2016)

Feb. 18, 2016

Feb. 18, 2016

PACER
6

MOTION To Redact Plaintiffs' Names re 1 Complaint, by Plaintiffs B. E., A. R.. (Attachments: # 1 Proposed Order Granting Motion to Redact Plaintiffs' Names) Noting Date 3/11/2016, (Hamburger, Eleanor) (Entered: 02/22/2016)

1 Proposed Order Granting Motion to Redact Plaintiffs' Names

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Feb. 22, 2016

Feb. 22, 2016

PACER
7

DECLARATION of B.E. filed by Plaintiffs B. E., A. R. re 6 MOTION To Redact Plaintiffs' Names re 1 Complaint, (Hamburger, Eleanor) (Entered: 02/22/2016)

Feb. 22, 2016

Feb. 22, 2016

PACER
8

DECLARATION of A.R. filed by Plaintiffs B. E., A. R. re 6 MOTION To Redact Plaintiffs' Names re 1 Complaint, (Hamburger, Eleanor) (Entered: 02/22/2016)

Feb. 22, 2016

Feb. 22, 2016

PACER
9

AFFIDAVIT of Service of Summons and Complaint on WSHCA c/o (1) Dorothy F. Teeter, Director, and (2) Office of the Attorney General on 2/18/2016, filed by Plaintiffs B. E., A. R.. (Hamburger, Eleanor) (Entered: 02/23/2016)

Feb. 23, 2016

Feb. 23, 2016

PACER
10

APPLICATION OF ATTORNEY Kevin Costello FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiffs B. E., A. R. (Fee Paid) Receipt No. 0981-4351577 (Hamburger, Eleanor) (Entered: 02/24/2016)

Feb. 24, 2016

Feb. 24, 2016

PACER
11

ORDER re 10 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Kevin Costello for B. E., and A. R., by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(DS) (Entered: 02/24/2016)

Feb. 24, 2016

Feb. 24, 2016

PACER
12

NOTICE of Appearance by attorney Angela D. Coats McCarthy on behalf of Defendant Dorothy F Teeter. (Coats McCarthy, Angela) (Entered: 02/24/2016)

Feb. 24, 2016

Feb. 24, 2016

PACER
13

DECLARATION of Service filed by Plaintiffs B. E., A. R. re 6 MOTION To Redact Plaintiffs' Names re 1 Complaint, (Hamburger, Eleanor) (Entered: 02/24/2016)

Feb. 24, 2016

Feb. 24, 2016

PACER

Attorney Nissa Ann Iversen for defendant Dorothy F Teeter added; per 12 Notice of Appearance. (CDA)

Feb. 25, 2016

Feb. 25, 2016

PACER
14

RESPONSE, by Defendant Dorothy F Teeter, to 6 MOTION To Redact Plaintiffs' Names re 1 Complaint, . (Iversen, Nissa) (Entered: 03/07/2016)

March 7, 2016

March 7, 2016

PACER
15

REPLY, filed by Plaintiffs B. E., A. R., TO RESPONSE to 6 MOTION To Redact Plaintiffs' Names re 1 Complaint, (Hamburger, Eleanor) (Entered: 03/10/2016)

March 10, 2016

March 10, 2016

PACER
16

ANSWER to 1 Complaint, by Dorothy F Teeter.(Iversen, Nissa) (Entered: 03/10/2016)

March 10, 2016

March 10, 2016

PACER
17

MOTION to Certify Class by Plaintiffs B. E., A. R.. Noting Date 4/15/2016, (Hamburger, Eleanor) (Entered: 03/18/2016)

March 18, 2016

March 18, 2016

RECAP
18

MOTION for Preliminary Injunction by Plaintiffs B. E., A. R.. Noting Date 4/15/2016, (Hamburger, Eleanor) (Entered: 03/18/2016)

March 18, 2016

March 18, 2016

RECAP
19

DECLARATION of Robert G. Gish, M.D. filed by Plaintiffs B. E., A. R. re 17 MOTION to Certify Class, 18 MOTION for Preliminary Injunction (Attachments: # 1 Exhibit A-K)(Hamburger, Eleanor) (Entered: 03/18/2016)

1 Exhibit A-K

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March 18, 2016

March 18, 2016

PACER
20

DECLARATION of Richard E. Spoonemore filed by Plaintiffs B. E., A. R. re 17 MOTION to Certify Class (Hamburger, Eleanor) (Entered: 03/18/2016)

March 18, 2016

March 18, 2016

PACER
21

DECLARATION of Amy L. Crewdson filed by Plaintiffs B. E., A. R. re 17 MOTION to Certify Class (Hamburger, Eleanor) (Entered: 03/18/2016)

March 18, 2016

March 18, 2016

PACER
22

DECLARATION of Kevin Costello filed by Plaintiffs B. E., A. R. re 17 MOTION to Certify Class (Hamburger, Eleanor) (Entered: 03/18/2016)

March 18, 2016

March 18, 2016

PACER
23

DECLARATION of Elizabeth Landry filed by Plaintiffs B. E., A. R. re 18 MOTION for Preliminary Injunction (Attachments: # 1 Exhibit A-D)(Hamburger, Eleanor) (Entered: 03/18/2016)

1 Exhibit A-D

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March 18, 2016

March 18, 2016

PACER
24

DECLARATION of Eleanor Hamburger filed by Plaintiffs B. E., A. R. re 17 MOTION to Certify Class, 18 MOTION for Preliminary Injunction (Attachments: # 1 Exhibit A-H)(Hamburger, Eleanor) (Entered: 03/18/2016)

1 Exhibit A-H

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March 18, 2016

March 18, 2016

RECAP
25

ERRATA re 18 MOTION for Preliminary Injunction by Plaintiffs B. E., A. R. (Spoonemore, Richard) (Entered: 03/23/2016)

March 23, 2016

March 23, 2016

PACER
26

NOTICE of Appearance by attorney Jennifer Smith Meyer on behalf of Defendant Dorothy F Teeter. (Meyer, Jennifer) (Entered: 03/31/2016)

March 31, 2016

March 31, 2016

PACER
27

MINUTE ORDER by U.S. District Judge John C Coughenour granting plaintiffs' 6 unopposed motion to have their names redacted. (AD) (Entered: 04/07/2016)

April 7, 2016

April 7, 2016

PACER
28

RESPONSE, by Defendant Dorothy F Teeter, to 17 MOTION to Certify Class . (Coats McCarthy, Angela) (Entered: 04/11/2016)

April 11, 2016

April 11, 2016

PACER
29

RESPONSE, by Defendant Dorothy F Teeter, to 18 MOTION for Preliminary Injunction . (Coats McCarthy, Angela) (Entered: 04/11/2016)

April 11, 2016

April 11, 2016

PACER
30

DISREGARD, DOCUMENT TO BE REFILED/DECLARATION of Evelyn Cantrell filed by Defendant Dorothy F Teeter re 17 MOTION to Certify Class, 18 MOTION for Preliminary Injunction (Attachments: # 1 SEALED Attachment A, # 2 SEALED Attachment B, # 3 SEALED Attachment C)(Coats McCarthy, Angela) Modified on 4/12/2016 (RS). (Entered: 04/11/2016)

April 11, 2016

April 11, 2016

PACER
31

DECLARATION of Dr. Daniel Lessler filed by Defendant Dorothy F Teeter re 17 MOTION to Certify Class, 18 MOTION for Preliminary Injunction (Coats McCarthy, Angela) (Entered: 04/11/2016)

April 11, 2016

April 11, 2016

PACER
32

DECLARATION of Nissa A. Iversen filed by Defendant Dorothy F Teeter re 17 MOTION to Certify Class, 18 MOTION for Preliminary Injunction (Attachments: # 1 Attachment A, # 2 Attachment B)(Coats McCarthy, Angela) (Entered: 04/11/2016)

1 Attachment A

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2 Attachment B

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April 11, 2016

April 11, 2016

PACER
33

DECLARATION of MaryAnne Lindeblad filed by Defendant Dorothy F Teeter re 18 MOTION for Preliminary Injunction (Coats McCarthy, Angela) (Entered: 04/11/2016)

April 11, 2016

April 11, 2016

PACER

NOTICE of Docket Text Modification re 30 Declaration, : Document to be refiled, attachments have been sealed and redacted versions to be filed (RS)

April 12, 2016

April 12, 2016

PACER
34

DECLARATION of Evelyn Cantrell filed by Defendant Dorothy F Teeter re 17 MOTION to Certify Class, 18 MOTION for Preliminary Injunction (Attachments: # 1 Attachment A, # 2 Attachment B, # 3 Attachment C)(Coats McCarthy, Angela) (Entered: 04/12/2016)

1 Attachment A

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2 Attachment B

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3 Attachment C

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April 12, 2016

April 12, 2016

PACER
35

REPLY, filed by Plaintiffs B. E., A. R., TO RESPONSE to 18 MOTION for Preliminary Injunction (Spoonemore, Richard) (Entered: 04/15/2016)

April 15, 2016

April 15, 2016

PACER
36

REPLY, filed by Plaintiffs B. E., A. R., TO RESPONSE to 17 MOTION to Certify Class (Spoonemore, Richard) (Entered: 04/15/2016)

April 15, 2016

April 15, 2016

PACER
37

Supplemental DECLARATION of Eleanor Hamburger filed by Plaintiffs B. E., A. R. re 17 MOTION to Certify Class, 18 MOTION for Preliminary Injunction (Attachments: # 1 Exhibit I-K)(Spoonemore, Richard) (Entered: 04/15/2016)

1 Exhibit I-K

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April 15, 2016

April 15, 2016

PACER
38

PROPOSED ORDER (Unsigned) re 35 Reply to Response to Motion, 36 Reply to Response to Motion re (1) Class Certification, and (2) Preliminary Injunction (Spoonemore, Richard) (Entered: 04/15/2016)

April 15, 2016

April 15, 2016

PACER
39

NOTICE OF RESCHEDULED STATUS CONFERENCE. The Court, on its own motion and in the interest of judicial economy, specifically, two pending motions by Plaintiff, hereby orders the Status Conference RESET from 5/24/17 to 7/26/2016 at 9:00 AM in Courtroom 16206 before U.S. District Judge John C. Coughenour.(PP) (Entered: 05/16/2016)

May 16, 2016

May 16, 2016

PACER
40

ORDER granting plaintiffs' 18 Motion for Preliminary Injunction; joint status report due in 60 days by U.S. District Judge John C Coughenour.(RS) (Entered: 05/27/2016)

May 27, 2016

May 27, 2016

Clearinghouse
41

MINUTE ORDER REQUESTING ADDITIONAL BRIEFING by U.S. District Judge John C Coughenour re Plaintiffs' 17 MOTION for class certification. Plaintiffs' brief due 6/8/2016; Defendant's response brief due 6/15/2016; Plaintiffs' optional reply brief due 6/17/2016. Motion is RENOTED for 6/17/2016. (PM) (Entered: 06/01/2016)

June 1, 2016

June 1, 2016

PACER
42

SUPPLEMENT re 41 Order to Re-Note Motion, [Plaintiffs' Supplemental Briefing in Support of Class Certification] by Plaintiffs B. E., A. R. (Hamburger, Eleanor) (Entered: 06/08/2016)

June 8, 2016

June 8, 2016

PACER
43

DECLARATION (w-Ex. A) of Jeffrey Keddie re 42 Supplement, 41 Order to Re-Note Motion, by Plaintiffs B. E., A. R. (Hamburger, Eleanor) (Entered: 06/08/2016)

June 8, 2016

June 8, 2016

PACER
44

DECLARATION (w-Exs. A-E) of Eleanor Hamburger re 43 Declaration (non motion), 42 Supplement, 41 Order to Re-Note Motion, by Plaintiffs B. E., A. R. (Hamburger, Eleanor) (Entered: 06/08/2016)

June 8, 2016

June 8, 2016

PACER
45

RESPONSE by Defendant Dorothy F Teeter to Pltfs' Supplemental Briefing in Support of Class Certification (Iversen, Nissa) (Entered: 06/15/2016)

June 15, 2016

June 15, 2016

PACER
46

DECLARATION of Angela Coats McCarthy re 45 Response (non motion) by Defendant Dorothy F Teeter (Attachments: # 1 Attach. A, # 2 Attach. B, # 3 Attach. C, # 4 Attach. D)(Iversen, Nissa) (Entered: 06/15/2016)

1 Attach. A

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2 Attach. B

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3 Attach. C

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4 Attach. D

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June 15, 2016

June 15, 2016

PACER
47

DECLARATION of Trudi Glant re 45 Response (non motion) by Defendant Dorothy F Teeter (Attachments: # 1 Attach. A, # 2 Attach. B)(Iversen, Nissa) (Entered: 06/15/2016)

1 Attach. A

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2 Attach. B

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June 15, 2016

June 15, 2016

PACER
48

SUPPLEMENT re 41 Order to Re-Note Motion, Plaintiffs' Reply Brief by Plaintiffs B. E., A. R. (Crewdson, Amy) (Entered: 06/17/2016)

June 17, 2016

June 17, 2016

PACER
49

DECLARATION of Amy L. Crewdson re 48 Supplement, 41 Order to Re-Note Motion, by Plaintiffs B. E., A. R. (Attachments: # 1 Exhibit Exhibit A to Declaration of Amy L. Crewdson)(Crewdson, Amy) (Entered: 06/17/2016)

1 Exhibit Exhibit A to Declaration of Amy L. Crewdson

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June 17, 2016

June 17, 2016

PACER
50

SUPPLEMENT re 41 Order to Re-Note Motion, Defendants' Response Briefing by Defendant Dorothy F Teeter (Meyer, Jennifer) (Entered: 06/20/2016)

June 20, 2016

June 20, 2016

PACER
51

DECLARATION of Jennifer Kennedy re 50 Supplement by Defendant Dorothy F Teeter (Attachments: # 1 Attachment A)(Meyer, Jennifer) (Entered: 06/20/2016)

1 Attachment A

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June 20, 2016

June 20, 2016

PACER
52

DECLARATION of Donna Sullivan re 50 Supplement by Defendant Dorothy F Teeter (Attachments: # 1 Attachment A)(Meyer, Jennifer) (Entered: 06/20/2016)

1 Attachment A

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June 20, 2016

June 20, 2016

PACER
53

NOTICE OF RESCHEDULED STATUS CONFERENCE. The Court, on its own motion, hereby orders the Status Conference continued from 7/26/16 to 9/13/2016 at 9:00 AM in Courtroom 16206 before U.S. District Judge John C. Coughenour.(PP) (Entered: 06/29/2016)

June 29, 2016

June 29, 2016

PACER
54

ORDER CERTIFYING CLASS by U.S. District Judge John C Coughenour granting Plaintiffs' 17 Motion for Class Certification. The Court further appoints B.E. and A.R. as class representatives and appoints Richard E. Spoonemore and Eleanor Hamburger of Sirianni Youtz Spoonemore Hamburger, Amy L. Crewdson of Columbia Legal Services, and Kevin Costello of Harvard Law School Center for Health Law and Policy Innovation as class counsel. (PM) (Entered: 07/21/2016)

July 21, 2016

July 21, 2016

Clearinghouse
55

JOINT STATUS REPORT signed by all parties (Coats McCarthy, Angela) (Entered: 07/26/2016)

July 26, 2016

July 26, 2016

PACER
56

MINUTE ENTRY for proceedings held before U.S. District Judge John C. Coughenour; CRD: Paul Pierson; Plaintiffs' Counsel: Richard Spoonemore; Defense Counsel: Angela McCarthy & Jennifer Meyer; CR: Nicki Drury; Time of Hearing: 9:00 am; Courtroom: 16206;Status Conference was held on 9/13/2016. Counsel respond to the Court's inquiry concerning the proposed class notice and related further proceedings. The Court orders counsel to return for a further Status Hearing set on 10/11/2016 at 9:00 AM in Courtroom 16206 before U.S. District Judge John C. Coughenour. (PP) (Entered: 09/13/2016)

Sept. 13, 2016

Sept. 13, 2016

PACER
57

MINUTE ENTRY for proceedings held before U.S. District Judge John C. Coughenour; CRD: Paul Pierson; Plaintiffs' Counsel: Richard Spoonemore; Defense Counsel: Angela McCarthy & Jennifer Meyer; CR: Nicki Drury; Time of Hearing: 9:00 am; Courtroom: 16206;Status Hearing was held on 10/11/2016. Counsel advised the Court that a settlement is pending and the Court ordered counsel to return for a Further Status Hearing set for 10/25/2016 at 9:00 AM in Courtroom 16206 before U.S. District Judge John C. Coughenour. (PP) (Entered: 10/11/2016)

Oct. 11, 2016

Oct. 11, 2016

PACER
58

MINUTE ORDER by U.S. District Judge John C Coughenour per parties' telephonic notice of settlement, the status conference scheduled for October 25, 2016, is VACATED. Parties to file a motion for preliminary approval by 11/21/2016. (PM) (Entered: 10/20/2016)

Oct. 20, 2016

Oct. 20, 2016

PACER
59

Unopposed MOTION (1) Preliminary Approval of Settlement Agreement; (2) Approval of Class Notice Package; (3) Establish Final Settlement Approval Hearing and Process re 58 Minute Order, Terminate Deadlines and Hearings by Plaintiffs B. E., A. R.. (Attachments: # 1 Exhibit Appendices A-D) Noting Date 12/9/2016, (Spoonemore, Richard) (Entered: 11/21/2016)

1 Exhibit Appendices A-D

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Nov. 21, 2016

Nov. 21, 2016

Clearinghouse
60

DECLARATION of Richard E. Spoonemore filed by Plaintiffs B. E., A. R. re 59 Unopposed MOTION (1) Preliminary Approval of Settlement Agreement; (2) Approval of Class Notice Package; (3) Establish Final Settlement Approval Hearing and Process re 58 Minute Order, Terminate Deadlines and Hearings (Spoonemore, Richard) (Entered: 11/21/2016)

Nov. 21, 2016

Nov. 21, 2016

PACER
61

PROPOSED ORDER (Unsigned) re 59 Unopposed MOTION (1) Preliminary Approval of Settlement Agreement; (2) Approval of Class Notice Package; (3) Establish Final Settlement Approval Hearing and Process re 58 Minute Order, Terminate Deadlines and Hearings (Spoonemore, Richard) (Entered: 11/21/2016)

Nov. 21, 2016

Nov. 21, 2016

PACER
62

NOTICE of Change of Address/Change of Name of Attorney Eleanor Hamburger. Filed by Plaintiffs B. E., A. R.. (Hamburger, Eleanor) (Entered: 01/03/2017)

Jan. 3, 2017

Jan. 3, 2017

PACER
63

ORDER granting plaintiff's 59 Motion for an order preliminarily approving the settlement; Fairness Hearing set for 4/4/2017 at 09:00 AM before U.S. District Judge John C Coughenour. by U.S. District Judge John C Coughenour.(RS) (Entered: 01/05/2017)

Jan. 5, 2017

Jan. 5, 2017

Clearinghouse
64

Stipulated MOTION RE: CLASS NOTICE, filed by Plaintiffs B. E., A. R.. (Attachments: # 1 Proposed Order) Noting Date 1/11/2017, (Crewdson, Amy) (Entered: 01/11/2017)

1 Proposed Order

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Jan. 11, 2017

Jan. 11, 2017

PACER
65

MINUTE ORDER granting parties' 64 stipulated motion to translate the class notice into Spanish. Authorized by U.S. District Judge John C Coughenour. (PM) (Entered: 01/12/2017)

Jan. 12, 2017

Jan. 12, 2017

PACER
67

SEALED LETTER filed by non party potential class member (RS) Modified on 3/14/2017: letter emailed to counsel (PM). (Entered: 02/09/2017)

Feb. 2, 2017

Feb. 2, 2017

PACER
66

DECLARATION of Nissa A. Iversen re 63 Order on Motion for Miscellaneous Relief, Set/Reset Hearings by Defendant Dorothy F Teeter (Iversen, Nissa) (Entered: 02/06/2017)

Feb. 6, 2017

Feb. 6, 2017

PACER
68

Unopposed MOTION for Attorney Fees, Costs and Incentive Awards, filed by Plaintiffs B. E., A. R.. Noting Date 4/4/2017, (Spoonemore, Richard) (Entered: 02/17/2017)

Feb. 17, 2017

Feb. 17, 2017

PACER
69

DECLARATION of Kevin Costello filed by Plaintiffs B. E., A. R. re 68 Unopposed MOTION for Attorney Fees, Costs and Incentive Awards (Spoonemore, Richard) (Entered: 02/17/2017)

Feb. 17, 2017

Feb. 17, 2017

PACER
70

DECLARATION of Amy L. Crewdson filed by Plaintiffs B. E., A. R. re 68 Unopposed MOTION for Attorney Fees, Costs and Incentive Awards (Spoonemore, Richard) (Entered: 02/17/2017)

Feb. 17, 2017

Feb. 17, 2017

PACER
71

DECLARATION of Eleanor Hamburger filed by Plaintiffs B. E., A. R. re 68 Unopposed MOTION for Attorney Fees, Costs and Incentive Awards (Spoonemore, Richard) (Entered: 02/17/2017)

Feb. 17, 2017

Feb. 17, 2017

PACER
72

DECLARATION of Richard E. Spoonemore filed by Plaintiffs B. E., A. R. re 68 Unopposed MOTION for Attorney Fees, Costs and Incentive Awards (Spoonemore, Richard) (Entered: 02/17/2017)

Feb. 17, 2017

Feb. 17, 2017

PACER
73

SEALED LETTER filed by non party potential class member, S.R. (PM) Modified on 3/14/2017: letter emailed to counsel on 3/14/2017 (PM). (Entered: 03/10/2017)

March 9, 2017

March 9, 2017

PACER
74

SEALED LETTER filed by non party potential class member K.R.S. (PM) Modified on 3/14/2017: letter emailed to counsel on 3/14/2017 (PM). (Entered: 03/13/2017)

March 10, 2017

March 10, 2017

PACER

NOTICE of Docket Text Modification re 74 Sealed Letter, 73 Sealed Letter: letters emailed to counsel per direction of chambers. Dkt. 67 Sealed Letter was previously emailed to counsel on 3/9/2017. (PM)

March 14, 2017

March 14, 2017

PACER
75

SEALED LETTER filed by non-party potential class member, D.G. (swt) (cc: all counsel via email) Modified text on 3/16/2017 (swt). (Entered: 03/16/2017)

March 16, 2017

March 16, 2017

PACER
76

SEALED LETTER filed by non-party potential class member, T.C. (swt) (cc: all counsel via email) Modified text on 3/16/2017 (swt). (Entered: 03/16/2017)

March 16, 2017

March 16, 2017

PACER
77

SEALED LETTER filed by non-party potential class member, E.A. (swt) (cc: all counsel via email) (Entered: 03/16/2017)

March 16, 2017

March 16, 2017

PACER
78

SEALED LETTER filed by non-party potential class member, M.D. (swt) (cc: all counsel via email) (Entered: 03/20/2017)

March 20, 2017

March 20, 2017

PACER
79

SEALED LETTER filed by non-party potential class member, C.R. (swt) (cc: all counsel via email) (Entered: 03/21/2017)

March 21, 2017

March 21, 2017

PACER
80

SEALED LETTER filed by non-party potential class member, N.B. (swt) (cc: all counsel via email) (Entered: 03/23/2017)

March 21, 2017

March 21, 2017

PACER
81

SEALED LETTER filed by non-party potential class member, J.H. (cc: all counsel via email) (RS) (Entered: 03/28/2017)

March 24, 2017

March 24, 2017

PACER
82

SEALED LETTER filed by non-party potential class member, A.K. (cc: all counsel via email) (RS) (Entered: 03/28/2017)

March 24, 2017

March 24, 2017

PACER
83

MOTION for Final Approval of Settlement Agreement, Award of Attorneys' Fees, Litigation Costs and Case Contribution Awards to Plaintiffs re 63 Order on Motion for Miscellaneous Relief, Set/Reset Hearings, filed by Plaintiffs B. E., A. R.. (Attachments: # 1 Proposed Order (1) Granting Final Approval of Settlement Agmt; (2) Approving Attorneys' Fees and Costs; and (3) Approving Incentive Award) Noting Date 4/4/2017, (Spoonemore, Richard) (Entered: 03/28/2017)

1 Proposed Order (1) Granting Final Approval of Settlement Agmt; (2) Approving Att

View on PACER

March 28, 2017

March 28, 2017

Clearinghouse
84

DECLARATION of Eleanor Hamburger filed by Plaintiffs B. E., A. R. re 83 MOTION for Final Approval of Settlement Agreement, Award of Attorneys' Fees, Litigation Costs and Case Contribution Awards to Plaintiffs re 63 Order on Motion for Miscellaneous Relief, Set/Reset Hearings (Attachments: # 1 Exhibit A-H (index sheets only) - Exhibits Filed Under Seal)(Spoonemore, Richard) (Entered: 03/28/2017)

1 Exhibit A-H (index sheets only) - Exhibits Filed Under Seal

View on PACER

March 28, 2017

March 28, 2017

PACER
85

SEALED DOCUMENT Exhibits A-H to Declaration of Eleanor Hamburger by Plaintiffs B. E., A. R. re 27 Order on Motion for Miscellaneous Relief, 84 Declaration, (Spoonemore, Richard) (Entered: 03/28/2017)

March 28, 2017

March 28, 2017

PACER
86

SEALED DOCUMENT filed by non-party potential class member, H.K. (cc: all counsel via email) (PM) (Entered: 03/31/2017)

March 30, 2017

March 30, 2017

PACER
87

ORDER FINALLY APPROVING CLASS SETTLEMENT granting Plaintiff's 83 Motion. The Settlement Agreement is approved as fair, reasonable, and adequate under Federal Rule of Civil Procedure 23. WHCA is required to provide coverage for direct-acting antivirals (DAAs) for the treatment of HCV as set forth in paragraph 11 of order. Class counsel is awarded fees and litigation costs in the amounts of $335,377 and $8,016.86, respectively. Case contribution awards of $7,500 per named Plaintiff as set forth in the Agreement are approved. Signed by U.S. District Judge John C Coughenour. (PM) (Entered: 04/10/2017)

April 10, 2017

April 10, 2017

Clearinghouse
88

JUDGMENT BY COURT. The Court finally approved the class settlement agreement. (PM) (Entered: 04/10/2017)

April 10, 2017

April 10, 2017

PACER
89

LETTER from Joseph L. Walker requesting a copy of the docket. Copy sent via USPS. (MW) (Entered: 05/28/2019)

May 23, 2019

May 23, 2019

PACER

Case Details

State / Territory: Washington

Case Type(s):

Prison Conditions

Special Collection(s):

Hepatitis C

Multi-LexSum (in sample)

Key Dates

Filing Date: Feb. 16, 2016

Closing Date: April 10, 2020

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All individuals who: (1) Are or will be enrolled in Washington's Medicaid Program on or after October 10, 2014; (2) Require, or are expected to require treatment for Hepatitis C with Harvoni or other similar medicines and (3) Do not meet the coverage criteria for HCV medication adopted by

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Columbia Legal Services (formerly Evergreen)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

the Washington State Health Care Authority, State

Case Details

Causes of Action:

42 U.S.C. § 1983

Declaratory Judgment Act, 28 U.S.C. § 2201

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Preliminary injunction / Temp. restraining order

Attorneys fees

Damages

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $358,394

Order Duration: 2017 - 2020

Content of Injunction:

Preliminary relief granted

Issues

Medical/Mental Health:

Hepatitis

Medication, administration of

Untreated pain