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 attorneys, see: https://www.courtlistener.com/docket/4537415/parties/be-v-teeter/


Judge(s)

Coughenour, John C. (Washington)

Attorney for Plaintiff

Costello, Kevin (Massachusetts)

Crewdson, Amy Louise (Washington)

Hamburger, Eleanor (Washington)

Attorney for Defendant

Iversen, Nissa Ann (Washington)

Documents in the Clearinghouse

Documents in this case

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

May 27, 2016

May 27, 2016

Order/Opinion

2016 WL 3033500

54

2:16-cv-00227

Order Certifying Class

July 21, 2016

July 21, 2016

Order/Opinion

2016 WL 3939674

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

April 10, 2017

April 10, 2017

Order/Opinion

2017 WL 2899799

Docket

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

Last updated July 29, 2026, 5:28 a.m.

Docket for: B.E. v. Teeter
ECF Number Date Description Link
1 Feb. 16, 2016

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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2 Feb. 16, 2016

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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RECAP
3 Feb. 17, 2016

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

RECAP
Feb. 17, 2016

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

Add and Terminate Judges

Feb. 17, 2016

Notice-Other

Feb. 17, 2016

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

4 Feb. 18, 2016

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

RECAP
5 Feb. 18, 2016

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)

RECAP
Feb. 18, 2016

JCC-Set Status Conference

6 Feb. 22, 2016

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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7 Feb. 22, 2016

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)

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8 Feb. 22, 2016

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)

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9 Feb. 23, 2016

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)

RECAP
10 Feb. 24, 2016

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)

RECAP
11 Feb. 24, 2016

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)

RECAP
12 Feb. 24, 2016

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

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13 Feb. 24, 2016

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)

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Feb. 24, 2016

Order on Application for Leave to Appear Pro Hac Vice

Feb. 25, 2016

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

Feb. 25, 2016

Add and Terminate Attorneys

14 March 7, 2016

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

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15 March 10, 2016

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)

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16 March 10, 2016

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

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17 March 18, 2016

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

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18 March 18, 2016

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

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19 March 18, 2016

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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20 March 18, 2016

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

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21 March 18, 2016

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

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22 March 18, 2016

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

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23 March 18, 2016

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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24 March 18, 2016

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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25 March 23, 2016

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

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26 March 31, 2016

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

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27 April 7, 2016

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)

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28 April 11, 2016

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

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29 April 11, 2016

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

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30 April 11, 2016

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)

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31 April 11, 2016

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)

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32 April 11, 2016

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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33 April 11, 2016

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

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34 April 12, 2016

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

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

Notice of Docket Text Modification

35 April 15, 2016

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

RECAP
36 April 15, 2016

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

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37 April 15, 2016

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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38 April 15, 2016

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)

RECAP
39 May 16, 2016

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)

RECAP
May 16, 2016

Notice of Rescheduled Hearing

40 May 27, 2016

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)

Clearinghouse
41 June 1, 2016

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)

RECAP
42 June 8, 2016

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)

RECAP
43 June 8, 2016

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)

RECAP
44 June 8, 2016

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)

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45 June 15, 2016

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

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46 June 15, 2016

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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47 June 15, 2016

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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48 June 17, 2016

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

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49 June 17, 2016

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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50 June 20, 2016

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

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51 June 20, 2016

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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52 June 20, 2016

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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53 June 29, 2016

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)

RECAP
June 29, 2016

Notice of Rescheduled Hearing

54 July 21, 2016

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)

Clearinghouse
55 July 26, 2016

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

RECAP
56 Sept. 13, 2016

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)

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Sept. 13, 2016

~Util - Set Hearings AND Status Conference

57 Oct. 11, 2016

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)

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Oct. 11, 2016

~Util - Set Hearings AND Status Conference

58 Oct. 20, 2016

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)

RECAP
59 Nov. 21, 2016

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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60 Nov. 21, 2016

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)

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61 Nov. 21, 2016

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)

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62 Jan. 3, 2017

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)

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63 Jan. 5, 2017

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)

Clearinghouse
64 Jan. 11, 2017

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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65 Jan. 12, 2017

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)

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67 Feb. 2, 2017

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

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66 Feb. 6, 2017

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)

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68 Feb. 17, 2017

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)

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69 Feb. 17, 2017

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)

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70 Feb. 17, 2017

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)

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71 Feb. 17, 2017

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)

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72 Feb. 17, 2017

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)

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73 March 9, 2017

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)

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74 March 10, 2017

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)

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March 14, 2017

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

Notice of Docket Text Modification

75 March 16, 2017

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)

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76 March 16, 2017

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)

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77 March 16, 2017

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

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78 March 20, 2017

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

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79 March 21, 2017

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

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80 March 21, 2017

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

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81 March 24, 2017

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

RECAP
82 March 24, 2017

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

RECAP
83 March 28, 2017

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

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Clearinghouse
84 March 28, 2017

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

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RECAP

Case Details

State / Territory:

Washington

Case Type(s):

Prison Conditions

Healthcare Access and Reproductive Issues

Special Collection(s):

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

State

the Washington State Health Care Authority

Case Details

Causes of Action:

42 U.S.C. § 1983

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

Other Dockets:

Western District of Washington 2:16-cv-00227

Available Documents:

Complaint (any)

Injunctive (or Injunctive-like) Relief

Monetary Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Attorneys fees

Damages

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Preliminary relief granted

Amount Defendant Pays: $358,394

Order Duration: 2017 - 2020

Issues

Medical/Mental Health Care:

Hepatitis

Medication, administration of

Untreated pain

Recommended Citation