Case: J.E.M. v. Kinkade

2:16-cv-04273 | U.S. District Court for the Western District of Missouri

Filed Date: Oct. 18, 2016

Closed Date: Nov. 20, 2017

Clearinghouse coding complete

Case Summary

Individuals with Hepatitis C in the Missouri Medicaid program filed this lawsuit in response to the denial of authorization from MO HealthNet for medications prescribed to cure their infections. MO HealthNet denied authorization of medication to plaintiffs based on their fibrosis scores (a measure for severity of Hepatitis C). After being prescribed medication for their Hepatitis C but denied prior authorization for the medication from Missouri’s Medicaid program, two Medicaid recipients initia…

Individuals with Hepatitis C in the Missouri Medicaid program filed this lawsuit in response to the denial of authorization from MO HealthNet for medications prescribed to cure their infections. MO HealthNet denied authorization of medication to plaintiffs based on their fibrosis scores (a measure for severity of Hepatitis C). After being prescribed medication for their Hepatitis C but denied prior authorization for the medication from Missouri’s Medicaid program, two Medicaid recipients initiated this lawsuit on October 18, 2016 in the U.S. District Court for the Western District of Missouri. The plaintiffs alleged that MO HealthNet’s policies resulted in the denial of medically necessary treatment to Medicaid beneficiaries infected with Hepatitis C, discriminated against similarly situated Medicaid beneficiaries on the basis of their fibrosis score even though Hepatitis C guidelines recommend treatment regardless of their score, and violated the “reasonable promptness” requirement of the Social Security Act by requiring individuals to wait until they had developed more severe liver damage before getting treatment. The plaintiffs brought their claims against the Director of the Missouri Department of Social Services and the Director the of MO HealthNet under Title XIX of the Social Security Act, § 1983, and the Medicaid Act. Represented by legal services, a law school clinic, and the National Health Law Program, the plaintiffs sought declaratory relief, attorneys’ fees and costs, and preliminary and permanent injunctive relief to prohibit the defendants from implementing and following their current Hepatitis C treatment policy, as well as enjoin the defendants from refusing to provide Medicaid coverage of medically necessary Hepatitis C drug and require notice to all Medicaid beneficiaries denied coverage under the current policy.

The case was automatically referred to mediation on October 18, 2016 and assigned to Judge William A. Knox. On January 30, 2017, the case was reassigned to an outside mediator.

On February 2, 2017, Judge Stephen R. Bough granted the plaintiffs’ request for a preliminary injunction in part to prohibit the defendants from requiring three months of negative drug and alcohol screens prior to submitting requests for approval of their Hepatitis C medications. The defendants had also agreed that the plaintiffs were entitled to a preliminary injunction to prohibit the drug and alcohol screens. The Court declined to rule on the request to prohibit defendants from applying policies based on fibrosis score until an evidentiary hearing had occurred because at least two factual disputes remained. The Court found that there was enough controversy surrounding the medical necessity of treatment regardless of fibrosis score and conflicting information on whether or not the defendants’ would deny authorization to patients with low fibrosis scores.

On the same day, Judge Bough also denied the defendants’ motion to dismiss for failure to state a claim. Judge Bough rejected the defendants' argument that there was no individualized federal right to reasonable Medicaid standards enforceable under 42 U.S.C. § 1983 because this mischaracterized the plaintiffs’ allegations. The plaintiffs’ alleged that the standards denied medically necessary treatment and Judge Bough noted that this was a valid claim because the Eighth Circuit previously held that the limiting of Medicaid coverage to those recipients meeting certain conditions or criteria violated Medicaid law and 42 U.S.C. §1983.

After the evidentiary hearing, Judge Bough denied the plaintiffs’ remaining request for a preliminary injunction on April 24, 2017, which would have prohibited the defendants from applying policies based on fibrosis scores. The plaintiffs did not show they were likely to succeed on the merits to the degree necessary to merit an injunction or any likelihood of immediate irreparable harm.

The plaintiffs amended the complaint June 6, 2017 to add another Medicaid recipient to the claim who was similarly denied authorization for prescribed Hepatitis C medication. Additionally, plaintiffs’ amended complaint alleged the defendants violated due process for failing to use reasonable, ascertainable, non-arbitrary standards and procedures for determining eligibility for medical assistance, procedural due process for failing to provide notice of the reasons for the denial of coverage, and the American with Disabilities Act for discrimination on the basis of their disability (Hepatitis C).

After MO HealthNet modified its preferred drug list and prior authorization criteria for certain medications, the defendants filed a motion for summary judgment claiming the case was moot. On November 20, 2017, the plaintiffs’ filed a motion to dismiss without prejudice because the claims were mooted by the new policy that no longer included restrictions based on fibrosis scores or abstinence. All three plaintiffs began to receive treatment for their Hepatitis C. Judge Bough granted the plaintiffs’ motion and denied the motion for summary judgement. The case was dismissed without prejudice with each party to bear its own fees and costs on November 20, 2017. The case is now closed.

Summary Authors

Emily Kempa (3/10/2019)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/6323087/parties/jem-v-kinkade/


Judge(s)

Bough, Stephen Rogers (Missouri)

Attorneys(s) for Plaintiff

Ammann, John J. (Missouri)

Coursolle, Abigail K. (California)

Ferber, Joel (Missouri)

Perkins, Martha Jane (North Carolina)

Rodriguez, Jamie (Missouri)

Attorneys(s) for Defendant

Quinlan, Michael D. (Missouri)

Sauer, Dean John (District of Columbia)

Vetter, Colleen Joern (Missouri)

Judge(s)

Bough, Stephen Rogers (Missouri)

Attorneys(s) for Plaintiff

Ammann, John J. (Missouri)

Coursolle, Abigail K. (California)

Ferber, Joel (Missouri)

Perkins, Martha Jane (North Carolina)

Rodriguez, Jamie (Missouri)

Attorneys(s) for Defendant

Quinlan, Michael D. (Missouri)

Sauer, Dean John (District of Columbia)

Vetter, Colleen Joern (Missouri)

Documents in the Clearinghouse

Document

2:16-cv-04273

Docket

J.E.M. v. Kincade

Nov. 20, 2017

Nov. 20, 2017

Docket
1

2:16-cv-04273

Complaint

Oct. 18, 2016

Oct. 18, 2016

Complaint
40

2:16-cv-04273

Order

J.E.M. v. Kincade

Feb. 2, 2017

Feb. 2, 2017

Order/Opinion
41

2:16-cv-04273

Order Denying Motion to Dismiss

Feb. 2, 2017

Feb. 2, 2017

Order/Opinion
61

2:16-cv-04273

Order Denying Motion for Preliminary Injunction

April 24, 2017

April 24, 2017

Order/Opinion
71

2:16-cv-04273

First Amended Complaint

June 6, 2017

June 6, 2017

Complaint
94

2:16-cv-04273

Order Denying Motion to Dismiss Amended Complaint

July 21, 2017

July 21, 2017

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6323087/jem-v-kinkade/

Last updated Aug. 7, 2022, 3:08 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against defendants Kinkade and Parks filed by Joel Ferber on behalf of All Plaintiffs. Filing fee $400, receipt number 0866-5028533. Service due by 1/20/2017. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet)(Ferber, Joel) Modified on 10/18/2016 (Russel, Jeri). (Entered: 10/18/2016)

1 Civil Cover Sheet Civil Cover Sheet

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Oct. 18, 2016

Oct. 18, 2016

PACER
2

MOTION for preliminary injunction filed by Joel Ferber on behalf of All Plaintiffs. Suggestions in opposition/response due by 11/4/2016 unless otherwise directed by the court. (Attachments: # 1 Exhibit Plaintiff's List of Exhibits in Support of Motion for Preliminary Injunction, # 2 Exhibit Exhibit 1, # 3 Exhibit Exhibit 2, # 4 Exhibit Exhibit 3, # 5 Exhibit Exhibit 4, # 6 Exhibit Exhibit 5, # 7 Exhibit Exhibit 6, # 8 Exhibit Exhibit 7, # 9 Exhibit Exhibit 8, # 10 Exhibit Exhibit 9, # 11 Exhibit Exhibit 10, # 12 Exhibit Exhibit 11, # 13 Exhibit Exhibit 12, # 14 Exhibit Exhibit 13)(Ferber, Joel) (Entered: 10/18/2016)

1 Exhibit Plaintiff's List of Exhibits in Support of Motion for Preliminary I

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2 Exhibit Exhibit 1

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3 Exhibit Exhibit 2

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4 Exhibit Exhibit 3

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5 Exhibit Exhibit 4

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6 Exhibit Exhibit 5

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7 Exhibit Exhibit 6

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8 Exhibit Exhibit 7

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9 Exhibit Exhibit 8

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10 Exhibit Exhibit 9

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11 Exhibit Exhibit 10

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12 Exhibit Exhibit 11

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13 Exhibit Exhibit 12

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14 Exhibit Exhibit 13

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Oct. 18, 2016

Oct. 18, 2016

PACER
3

MOTION for leave to file excess pages filed by Joel Ferber on behalf of All Plaintiffs. Suggestions in opposition/response due by 11/4/2016 unless otherwise directed by the court. (Ferber, Joel) (Entered: 10/18/2016)

Oct. 18, 2016

Oct. 18, 2016

PACER
4

MOTION for order to proceed with the use of initials filed by Joel Ferber on behalf of All Plaintiffs. Suggestions in opposition/response due by 11/4/2016 unless otherwise directed by the court. (Ferber, Joel) (Entered: 10/18/2016)

Oct. 18, 2016

Oct. 18, 2016

PACER
5

SUGGESTIONS in support re 2 MOTION for preliminary injunction filed by Joel Ferber on behalf of Plaintiffs J.E.M., J.L.M.. (Related document(s) 2 ) (Ferber, Joel) (Entered: 10/18/2016)

Oct. 18, 2016

Oct. 18, 2016

PACER
6

NOTICE OF INCLUSION FOR MEDIATION AND ASSESSMENT PROGRAM (MAP). REVIEW NOTICE AND MAP GENERAL ORDER CAREFULLY FOR IMPORTANT CHANGES, DEADLINES AND REQUIREMENTS.Notice of MAP assignment to United States Magistrate Judge William A. Knox. (Attachments: # 1 MAP General Order)(Russel, Jeri) (Entered: 10/18/2016)

1 MAP General Order

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Oct. 18, 2016

Oct. 18, 2016

PACER

SUMMONS ISSUED as to Brian Kinkade, Joseph Parks. (Watson, Olivette)

Oct. 18, 2016

Oct. 18, 2016

PACER
7

ORDER entered by Judge Nanette Laughrey. Plaintiffs' Motion for Leave to File Excess Pages, Doc. 3, is granted. Plaintiffs' Suggestions in Support of their Motion for Preliminary Injunction may not exceed 25 pages. Plaintiffs' Motion for Order to Proceed with the Use of Initials, Doc. 4, is granted. Plaintiffs may proceed in this matter with the use of their initials in order to preserve their privacy. It is further ordered that Defendants shall not publicly disclose Plaintiffs' names or personally identifying information. All parties shall file any documents with this Court redacted of Plaintiffs' names and other personally identifying information. This is a TEXT ONLY ENTRY. No document is attached.(Specker, Suzanne) (Entered: 10/19/2016)

Oct. 19, 2016

Oct. 19, 2016

PACER
8

Motion to allow Abigail Koelzer Coursolle to appear pro hac vice (Pro Hac fee $50 receipt number 0866-5030446) filed by Joel Ferber on behalf of All Plaintiffs. (Ferber, Joel) (Main Document 8 replaced with petition only on 10/20/2016) (Lock, Tania). (Entered: 10/19/2016)

Oct. 19, 2016

Oct. 19, 2016

PACER
9

Entry of Appearance filed by Jamie Rodriguez on behalf of All Plaintiffs. (Attorney Jamie Rodriguez added to party J.E.M.(pty:pla), Attorney Jamie Rodriguez added to party J.L.M.(pty:pla))(Rodriguez, Jamie) Modified on 10/19/2016 to correct event (Lock, Tania). (Entered: 10/19/2016)

Oct. 19, 2016

Oct. 19, 2016

RECAP
10

ORDER ON PRETRIAL PROCEDURES. Service must be obtained on all defendants within forty (40) days of the date of this Order unless otherwise authorized by the Court. Signed on 10/19/16 by District Judge Nanette K. Laughrey. (Matthes Mitra, Renea) (Entered: 10/19/2016)

Oct. 19, 2016

Oct. 19, 2016

PACER
11

NOTICE of appearance by John J. Ammann on behalf of All Plaintiffs (Attorney John J. Ammann added to party J.E.M.(pty:pla), Attorney John J. Ammann added to party J.L.M.(pty:pla))(Ammann, John) (Entered: 10/19/2016)

Oct. 19, 2016

Oct. 19, 2016

PACER
12

Motion to allow Martha Jane Perkins to appear pro hac vice (Pro Hac fee $50 receipt number 0866-5033692) filed by Joel Ferber on behalf of All Plaintiffs. (Ferber, Joel) (Main Document 12 replaced with petition for pro hac only on 10/24/2016. Original ECF registration forms should be submitted by mail, not filed on ECF ) (Lock, Tania). Modified on 10/24/2016 (Lock, Tania). (Entered: 10/21/2016)

Oct. 21, 2016

Oct. 21, 2016

PACER
13

RETURN OF SERVICE of complaint executed by All Plaintiffs. Brian Kinkade served on 10/20/2016, answer due 11/10/2016. (Ammann, John) (Entered: 10/24/2016)

Oct. 24, 2016

Oct. 24, 2016

PACER
14

RETURN OF SERVICE of complaint executed by All Plaintiffs. Joe Parks, M.D. served on 10/20/2016, answer due 11/10/2016. (Ammann, John) (Entered: 10/24/2016)

Oct. 24, 2016

Oct. 24, 2016

PACER
15

Amended Petition for Admission Pro Hac Vice for Martha Jane Perkins filed by Joel Ferber on behalf of All Plaintiffs. Suggestions in opposition/response due by 11/14/2016 unless otherwise directed by the court. (Ferber, Joel) Modified on 10/26/2016 to correct event type (Lock, Tania). (Entered: 10/25/2016)

Oct. 25, 2016

Oct. 25, 2016

PACER
16

Amended Petition for Admission Pro Hac Vice for Abigail K. Coursolle filed by Joel Ferber on behalf of All Plaintiffs. Suggestions in opposition/response due by 11/14/2016 unless otherwise directed by the court. (Ferber, Joel) Modified on 10/26/2016 to correct event type (Lock, Tania). (Entered: 10/25/2016)

Oct. 25, 2016

Oct. 25, 2016

PACER
17

ORDER granting 15 & 16 amended motions to appear pro hac vice entered by Clerk of Court. Attorney Martha Jane Perkins and Abigail Coursolle for J.E.M. and J.L.M. allowed to appear pro hac vice. This entry will serve as authorization for the pro hac participation by the attorney. Western District of Missouri Local Rule 5.1 requires documents to be filed electronically. If pro hac vice counsel has not already done so, counsel is directed to immediately register for a CM/ECF account. This will enable counsel to electronically file documents and receive electronic notification of filings. Please return the original completed ECF Registration Form to 80 Lafayette Street, Jefferson City, Missouri 65101. Signed on 10/26/2016 by Clerk of Court. This is a TEXT ONLY ENTRY. No document is attached.(Lock, Tania) (Entered: 10/26/2016)

Oct. 26, 2016

Oct. 26, 2016

PACER
18

NOTICE of appearance by Colleen Joern Vetter on behalf of Brian Kinkade, Joe Parks, M.D. (Attorney Colleen Joern Vetter added to party Brian Kinkade(pty:dft), Attorney Colleen Joern Vetter added to party Joe Parks, M.D.(pty:dft))(Vetter, Colleen) (Entered: 11/02/2016)

Nov. 2, 2016

Nov. 2, 2016

PACER
19

MOTION for extension of time to Respond to Plaintiffs' Motion for Preliminary Injunction and to File a Responsive Pleading filed by Colleen Joern Vetter on behalf of Brian Kinkade, Joe Parks, M.D.. Suggestions in opposition/response due by 11/21/2016 unless otherwise directed by the court. (Vetter, Colleen) (Entered: 11/02/2016)

Nov. 2, 2016

Nov. 2, 2016

PACER
20

ORDER entered by Judge Nanette Laughrey. Defendants' Motion for Extension of Time, Doc. 19, is granted. Defendants' responses to Plaintiffs' Motion for Preliminary Injunction, Doc. 2, are due on or before 11/21/2016. Defendants' responses to Plaintiffs' Complaint, Doc. 1, are due on or before 1/2/2017. This is a TEXT ONLY ENTRY. No document is attached.(Specker, Suzanne) (Entered: 11/03/2016)

Nov. 3, 2016

Nov. 3, 2016

PACER
21

MOTION for leave to file excess pages filed by Colleen Joern Vetter on behalf of Brian Kinkade, Joe Parks, M.D.. Suggestions in opposition/response due by 12/8/2016 unless otherwise directed by the court. (Vetter, Colleen) (Entered: 11/21/2016)

Nov. 21, 2016

Nov. 21, 2016

PACER
22

SUGGESTIONS in opposition re 2 MOTION for preliminary injunction filed by Colleen Joern Vetter on behalf of Defendants Brian Kinkade, Joe Parks, M.D.. Reply suggestions due by 12/8/2016 unless otherwise directed by the court (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H)(Related document(s) 2 ) (Vetter, Colleen) (Entered: 11/21/2016)

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 Exhibit E

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6 Exhibit F

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7 Exhibit G

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8 Exhibit H

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Nov. 21, 2016

Nov. 21, 2016

RECAP
23

ORDER entered by Judge Nanette Laughrey. Defendants' motion for leave to file excess pages, Doc. 21, is granted. Defendants' response to Plaintiffs' motion for preliminary injunction may not exceed 25 pages.This is a TEXT ONLY ENTRY. No document is attached.(Specker, Suzanne) (Entered: 11/23/2016)

Nov. 23, 2016

Nov. 23, 2016

PACER
24

REPLY SUGGESTIONS to motion re 2 MOTION for preliminary injunction filed by Joel Ferber on behalf of Plaintiffs J.E.M., J.L.M.. (Related document(s) 2 ) (Ferber, Joel) (Entered: 12/02/2016)

Dec. 2, 2016

Dec. 2, 2016

PACER
25

ORDER. A Telephone Conference set for 12/13/2016 at 04:00 PM concerning scheduling related to Plaintiffs' motion for preliminary injunction, Doc. 2 . The parties shall call conference number: 877-336-1828, access code: 8503666 to participate. Signed on 12/13/16 by District Judge Nanette K. Laughrey. This is a TEXT ONLY ENTRY. No document is attached. (Matthes Mitra, Renea) (Entered: 12/13/2016)

Dec. 13, 2016

Dec. 13, 2016

PACER
26

AMENDED ORDER. The teleconference conference previously set for 12/13/2016 is RESET for 12/14/2016 at 11:00 AM concerning scheduling related to Plaintiffs' motion for preliminary injunction, Doc. 2. The parties shall call conference number: 877-336-1828, access code: 8503666 to participate. Signed on 12/13/16 by District Judge Nanette K. Laughrey. This is a TEXT ONLY ENTRY. No document is attached. (Matthes Mitra, Renea) Modified on 12/13/2016 to correct the date of the teleconference (Matthes Mitra, Renea). (Entered: 12/13/2016)

Dec. 13, 2016

Dec. 13, 2016

PACER
27

SECOND AMENDED ORDER. The teleconference conference previously set for 12/14/2016 is RESET for 12/15/2016 at 9:00 AM concerning scheduling related to Plaintiffs' motion for preliminary injunction, Doc. 2. The parties shall call conference number: 877-336-1828, access code: 8503666 to participate. Signed on 12/13/16 by District Judge Nanette K. Laughrey. This is a TEXT ONLY ENTRY. No document is attached. (Matthes Mitra, Renea) (Entered: 12/13/2016)

Dec. 13, 2016

Dec. 13, 2016

PACER
28

MINUTE ENTRY. Teleconference held before the Hon. Nanette K. Laughrey on 12/15/2016 about scheduling related to Plaintiffs' motion for preliminary injunction. Oral argument on the motion for preliminary injunction is set for 12/30/2016 at 11:00 a.m. by phone. The Court took under advisement whether an evidentiary hearing is needed. The parties presented argument on the need for an evidentiary hearing. Defendants argued an evidentiary hearing is required for the Court to determine the community standard of care for Hepatitis C treatment. Defendants also argued for an evidentiary hearing so that they can cross-examine Plaintiffs' experts on their opinions, which Defendants are challenging. Plaintiffs argued that no evidentiary hearing is required because all issues can be resolved on the law. Appearances: Plaintiffs by Joel Ferber, Abigail Coursolle, and John Ammann. Defendants by Colleen Joern Vetter. Court Reporter: None. Minutes prepared by Suzanne Specker. (Text entry only.) (Specker, Suzanne) (Entered: 12/15/2016)

Dec. 15, 2016

Dec. 15, 2016

PACER
29

ORDER. Oral Argument on Plaintiffs' Motion for Preliminary Injunction, Doc. 2, will be presented by Telephone Conference on 12/30/2016 at 11:00 AM. The parties shall call conference number: 877-336-1828, access code: 8503666 to participate. Signed on 12/15/16 by District Judge Nanette K. Laughrey. This is a TEXT ONLY ENTRY. No document is attached. (Matthes Mitra, Renea) (Entered: 12/15/2016)

Dec. 15, 2016

Dec. 15, 2016

PACER
30

ORDER entered by Judge Nanette Laughrey. This case is transferred to the Hon. Stephen R. Bough, with his consent. The Clerk of Court is directed to reassign this case to Judge Bough.This is a TEXT ONLY ENTRY. No document is attached. (Specker, Suzanne) (Entered: 12/15/2016)

Dec. 15, 2016

Dec. 15, 2016

PACER
31

ORDER TRANSFERRING CASE. Case reassigned to District Judge Stephen R. Bough for all further proceedings. District Judge Nanette K. Laughrey no longer assigned to case. Please make a note of the new case number: 16-04273-CV-C-SRB. Signed on 12/15/16 by Clerk of the Court. This is a TEXT ONLY ENTRY. No document is attached. (Diefenbach, Tracy) Modified on 12/15/2016 to correct transferring signature. Notice regenerated. (Diefenbach, Tracy). (Entered: 12/15/2016)

Dec. 15, 2016

Dec. 15, 2016

PACER
32

ORDER setting hearing on motion 2 MOTION for preliminary injunction Hearing set for 1/6/2017 01:30 PM in Courtroom 7B, Kansas City (SRB) before District Judge Stephen R. Bough. Telephone Conference set for 12/30/16 at 11:00 a.m. is cancelled. Signed on 12/16/16 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached. (Diefenbach, Tracy) (Entered: 12/16/2016)

Dec. 16, 2016

Dec. 16, 2016

PACER
33

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Colleen Joern Vetter on behalf of Brian Kinkade, Joe Parks, M.D.. Suggestions in opposition/response due by 1/17/2017 unless service is made pursuant to FRCP 5 or as otherwise directed by the court. (Vetter, Colleen) (Entered: 01/03/2017)

Jan. 3, 2017

Jan. 3, 2017

PACER
34

SUGGESTIONS in support re 33 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Colleen Joern Vetter on behalf of Defendants Brian Kinkade, Joe Parks, M.D.. (Related document(s) 33 ) (Vetter, Colleen) (Entered: 01/03/2017)

Jan. 3, 2017

Jan. 3, 2017

PACER
35

Minute Entry. Proceedings held before District Judge Stephen R. Bough: MOTION HEARING held on 1/6/2017 re 2 MOTION for preliminary injunction filed by J.E.M., J.L.M.. Court hears argument. Matter taken under advisement. Order to be entered. Counsel appearing for Plaintiff(s): Abigail Coursolle, Joel Ferber, John Ammann, Jamie Rodriguez. Counsel appearing for Defendant(s): Colleen Joern Vetter. Time in court: 1:30 pm to 3:05 pm. To order a transcript of this hearing please contact Gayle Wambolt, 816-512-5641. This is a TEXT ONLY ENTRY. No document is attached. (Diefenbach, Tracy) (Entered: 01/06/2017)

Jan. 6, 2017

Jan. 6, 2017

PACER
36

RULE 16 NOTICE. Proposed scheduling order due by 2/24/2017. Scheduling Conference set for 3/10/2017 09:00 AM via telephone conference before District Judge Stephen R. Bough. Conference call information emailed to counsel. Signed on 1/12/17 by District Judge Stephen R. Bough. (Diefenbach, Tracy) (Entered: 01/12/2017)

Jan. 12, 2017

Jan. 12, 2017

PACER
37

SUGGESTIONS in opposition re 33 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by John J. Ammann on behalf of Plaintiffs J.E.M., J.L.M.. Reply suggestions due by 1/27/2017 unless otherwise directed by the court. (Related document(s) 33 ) (Ammann, John) (Entered: 01/13/2017)

Jan. 13, 2017

Jan. 13, 2017

PACER
38

REPLY SUGGESTIONS to motion re 33 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Colleen Joern Vetter on behalf of Defendants Brian Kinkade, Joe Parks, M.D.. (Related document(s) 33 ) (Vetter, Colleen) (Entered: 01/27/2017)

Jan. 27, 2017

Jan. 27, 2017

PACER
39

NOTICE OF INCLUSION FOR MEDIATION AND ASSESSMENT PROGRAM (MAP). REVIEW NOTICE AND MAP GENERAL ORDER CAREFULLY FOR IMPORTANT CHANGES, DEADLINES AND REQUIREMENTS.Notice of MAP assignment to an outside mediator-MU. (Geiser, Angel) (Additional attachment(s) added on 1/30/2017: # 1 MAP General Order) (Geiser, Angel). (Entered: 01/30/2017)

1 MAP General Order

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Jan. 30, 2017

Jan. 30, 2017

PACER
40

ORDERED: 1) Plaintiffs' Motion for Preliminary Injunction (Doc. #2) is granted in part; 2) The Court enters a preliminary injunction prohibiting Defendants from requiring three months of negative drug and alcohol screens prior to submitting requests for DAA approval; 3) Defendants are directed to file a status report with the Court regarding implementation of this injunction within thirty (30) days of the date of this Order; and 4) The Court will contact the parties to schedule an evidentiary hearing regarding Plaintiffs request for a preliminary injunction prohibiting Defendants from considering an HCV patients fibrosis score in deciding whether to approve or deny a healthcare providers request for DAA treatment. Signed on 2/2/17 by District Judge Stephen R. Bough. (Diefenbach, Tracy) (Entered: 02/02/2017)

Feb. 2, 2017

Feb. 2, 2017

PACER
41

ORDERED that Defendants' Motion to Dismiss (Doc. #33) is DENIED. Signed on 2/2/17 by District Judge Stephen R. Bough. (Diefenbach, Tracy) (Entered: 02/02/2017)

Feb. 2, 2017

Feb. 2, 2017

PACER
42

NOTICE OF HEARING - This is the official notice for this hearing. This is a TEXT ONLY ENTRY. No document is attached. Evidentiary Hearing set for 3/10/2017 01:30 PM in Courtroom 7B, Kansas City (SRB) before District Judge Stephen R. Bough. Scheduling Conference set for 3/10/17 at 9:00 a.m. is reset for 3/10/2017 01:30 PM in Courtroom 7B, Kansas City (SRB) before District Judge Stephen R. Bough. (Diefenbach, Tracy) (Entered: 02/09/2017)

Feb. 9, 2017

Feb. 9, 2017

PACER
43

MOTION to substitute party filed by Colleen Joern Vetter on behalf of Brian Kinkade, Joe Parks, M.D.. Suggestions in opposition/response due by 2/28/2017 unless otherwise directed by the court. (Vetter, Colleen) (Entered: 02/14/2017)

Feb. 14, 2017

Feb. 14, 2017

PACER
44

Before the Court is Defendants' Motion for Substitution of Parties. (Doc. #43). For good cause stated the motion is GRANTED. Jennifer Tidball as the Acting Director of Missouri Department of Social Services is hereby substituted for Defendant Brian Kinkade, and Jay Ludlam as the Acting Director of MO HealthNet Division is hereby substituted for Defendant Joe Parks, M.D. Signed on 2/14/17 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached.(Diefenbach, Tracy) (Entered: 02/14/2017)

Feb. 14, 2017

Feb. 14, 2017

PACER
45

MOTION for extension of time to file answer re 1 Complaint, filed by Colleen Joern Vetter on behalf of Jay Ludlam, Acting Director of MO HealthNet Division, Jennifer Tidball, Acting Director of Missouri Department of Social Services. Suggestions in opposition/response due by 3/1/2017 unless otherwise directed by the court. (Related document(s) 1 ) (Vetter, Colleen) (Entered: 02/15/2017)

Feb. 15, 2017

Feb. 15, 2017

PACER
46

ORDER: Before the Court is Defendants' Motion for Extension of time to Answer Plaintiffs' Complaint (Doc. #45). For good cause shown, the motion is granted. Defendants shall file an answer or other responsive pleading on or before February 21, 2017. Signed on 2/16/2017 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached.(Travis, Kendra) (Entered: 02/16/2017)

Feb. 16, 2017

Feb. 16, 2017

PACER
47

ELECTRONIC TRANSCRIPT of Oral Arguments held January 6, 2017, before Judge Stephen R. Bough. Court Reporter: Gayle Wambolt, 816-512-5641, gayle_wambolt@mow.uscourts.gov. Number of pages: 68. NOTICE RE: REDACTION OF TRANSCRIPTS: Within 7 calendar days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the parties' intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.mow.uscourts.gov. Please read this policy carefully. NOTICE: Attorneys must contact the court reporter for copies during this 90 day period. Notice of Intent to File Redaction of Transcripts due by 2/24/2017 unless otherwise directed by the court. Release of Transcript Restriction set for 5/15/2017.(Wambolt, Gayle) (Entered: 02/17/2017)

Feb. 17, 2017

Feb. 17, 2017

PACER
48

ANSWER to 1 Complaint, with Jury Demand on behalf of Jay Ludlam, Acting Director of MO HealthNet Division, Jennifer Tidball, Acting Director of Missouri Department of Social Services.(Vetter, Colleen) (Entered: 02/21/2017)

Feb. 21, 2017

Feb. 21, 2017

PACER
49

NOTICE of appearance by Dean John Sauer on behalf of Jay Ludlam, Acting Director of MO HealthNet Division, Jennifer Tidball, Acting Director of Missouri Department of Social Services (Attorney Dean John Sauer added to party Jay Ludlam, Acting Director of MO HealthNet Division(pty:dft), Attorney Dean John Sauer added to party Jennifer Tidball, Acting Director of Missouri Department of Social Services(pty:dft))(Sauer, Dean) (Entered: 02/22/2017)

Feb. 22, 2017

Feb. 22, 2017

PACER
50

REPORT of Rule 26(f) planning meeting. (Ammann, John) (Main Document 50 replaced on 2/27/2017) (Geiser, Angel). (Entered: 02/24/2017)

Feb. 24, 2017

Feb. 24, 2017

PACER
51

STATUS REPORT by Jay Ludlam, Acting Director of MO HealthNet Division, Jennifer Tidball, Acting Director of Missouri Department of Social Services. (Attachments: # 1 Exhibit A)(Vetter, Colleen) Modified on 3/6/2017 at the request of counsel attachment 1 replaced with revised exhibit only. NEF regenerated to all parties.(Travis, Kendra) (Entered: 03/03/2017)

1 Exhibit A

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March 3, 2017

March 3, 2017

PACER
52

MOTION for extension of time for Evidentiary Hearing filed by Colleen Joern Vetter on behalf of Jay Ludlam, Acting Director of MO HealthNet Division, Jennifer Tidball, Acting Director of Missouri Department of Social Services. Suggestions in opposition/response due by 3/17/2017 unless otherwise directed by the court. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Vetter, Colleen) (Entered: 03/03/2017)

1 Exhibit A

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2 Exhibit B

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March 3, 2017

March 3, 2017

PACER
53

Before the Court is Defendants' Motion to Expand Time for Evidentiary Hearing. (Doc. #52). The motion is granted in part. The Court will allow one additional hour for the March 10, 2017, hearing for a total hearing time of three hours. The hearing will begin at 1:00 p.m., thirty minutes earlier than originally scheduled in Courtroom 7B, Kansas City. Signed on 3/6/17 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached.(Diefenbach, Tracy) (Entered: 03/06/2017)

March 6, 2017

March 6, 2017

PACER
54

Minute Entry. Proceedings held before District Judge Stephen R. Bough: EVIDENTIARY HEARING held on 3/10/2017. Time in court: 1:15 p.m. to 4:45 p.m.. To order a transcript of this hearing please contact Reggie Lambrecht, 816-512-5623. (Diefenbach, Tracy) (Entered: 03/10/2017)

March 10, 2017

March 10, 2017

PACER
55

NOTICE of filing Evidentiary Hearing Exhibits by Jay Ludlam, Acting Director of MO HealthNet Division, Jennifer Tidball, Acting Director of Missouri Department of Social Services (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Vetter, Colleen) (Entered: 03/13/2017)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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March 13, 2017

March 13, 2017

PACER
56

NOTICE of filing of Exhibits by J.E.M., J.L.M. (Attachments: # 1 Exhibit 14, # 2 Exhibit 15, # 3 Exhibit 16, # 4 Exhibit 17, # 5 Exhibit 18, # 6 Exhibit 19, # 7 Exhibit 20, # 8 Exhibit 21, # 9 Exhibit 22, # 10 Exhibit 23a, # 11 Exhibit 23b)(Ammann, John) (Entered: 03/13/2017)

1 Exhibit 14

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2 Exhibit 15

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3 Exhibit 16

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4 Exhibit 17

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5 Exhibit 18

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6 Exhibit 19

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7 Exhibit 20

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8 Exhibit 21

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9 Exhibit 22

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10 Exhibit 23a

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11 Exhibit 23b

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March 13, 2017

March 13, 2017

PACER
57

NOTICE of filing Evidentiary Hearing Exhibit by Jay Ludlam, Acting Director of MO HealthNet Division, Jennifer Tidball, Acting Director of Missouri Department of Social Services (Attachments: # 1 Exhibit D)(Vetter, Colleen) (Entered: 03/17/2017)

1 Exhibit D

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March 17, 2017

March 17, 2017

PACER
58

NOTICE of filing by J.E.M. (Attachments: # 1 Exhibit, # 2 attachment, # 3 attachment, # 4 attachment, # 5 attachment, # 6 attachment, # 7 attachment)(Ferber, Joel) (Entered: 03/20/2017)

1 Exhibit

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2 attachment

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3 attachment

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4 attachment

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5 attachment

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6 attachment

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7 attachment

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March 20, 2017

March 20, 2017

PACER
59

ELECTRONIC TRANSCRIPT of Evidentiary Hearing held March 10, 2017 before Judge Stephen R. Bough. Court Reporter: Reggie Lambrecht, 816-512-5623, regina_lambrecht@mow.uscourts.gov. Number of pages: 158. NOTICE RE: REDACTION OF TRANSCRIPTS: Within 7 calendar days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the parties' intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.mow.uscourts.gov. Please read this policy carefully. NOTICE: Attorneys must contact the court reporter for copies during this 90 day period. Notice of Intent to File Redaction of Transcripts due by 4/5/2017 unless otherwise directed by the court. Release of Transcript Restriction set for 6/26/2017.(Lambrecht, Regina) (Entered: 03/29/2017)

March 29, 2017

March 29, 2017

PACER
60

DESIGNATION OF MEDIATOR naming James Levin(Ammann, John) (Entered: 04/05/2017)

April 5, 2017

April 5, 2017

PACER
61

ORDER: Plaintiffs Motion for a Preliminary Injunction (Doc. #2) asking the Court to enjoin Defendants from considering Missouri Medicaid beneficiaries fibrosis scores in deciding whether to approve DAA treatments, is denied. Signed on 4/24/17 by District Judge Stephen R. Bough. (Diefenbach, Tracy) Modified on 4/24/2017 to unseal as directed in Document 62. (Diefenbach, Tracy). (Entered: 04/24/2017)

April 24, 2017

April 24, 2017

RECAP
62

ORDER: On April 24, 2017, the Court entered an order denying the remaining portion of Plaintiffs' Motion for Preliminary Injunction. (Doc. #61). The Order was filed under seal in error. Therefore, the Court hereby directs the Clerk of the Court to unseal the April 24 Order. Signed on 4/24/17 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached. (Diefenbach, Tracy) (Entered: 04/24/2017)

April 24, 2017

April 24, 2017

PACER
63

RULES OF TRIAL Signed on 4/25/17 by District Judge Stephen R. Bough. (Diefenbach, Tracy) (Entered: 04/25/2017)

April 25, 2017

April 25, 2017

PACER
64

SCHEDULING ORDER: Discovery due by 8/22/2017. Dispositive Motions due by 10/23/2017. Pretrial Conference set for 1/26/2018 10:00 AM Courtroom 7B, Kansas City (SRB) before District Judge Stephen R. Bough. Bench Trial set for 2/5/2018 09:00 AM in Courtroom 7B, Kansas City (SRB) before District Judge Stephen R. Bough. Dispositive Motions due by 10/23/2017. Signed on 4/25/17 by District Judge Stephen R. Bough. (Diefenbach, Tracy) (Entered: 04/25/2017)

April 25, 2017

April 25, 2017

PACER
65

CERTIFICATE OF SERVICE OF INITIAL RULE 26 DISCLOSURES filed by Colleen Joern Vetter on behalf of Defendants Jay Ludlam, Acting Director of MO HealthNet Division, Jennifer Tidball, Acting Director of Missouri Department of Social Services.(Vetter, Colleen) (Entered: 05/15/2017)

May 15, 2017

May 15, 2017

PACER
66

CERTIFICATE OF SERVICE OF INITIAL RULE 26 DISCLOSURES filed by John J. Ammann on behalf of Plaintiffs J.E.M., J.L.M..(Ammann, John) (Entered: 05/19/2017)

May 19, 2017

May 19, 2017

PACER
67

MOTION to amend/correct Complaint filed by Joel D Ferber on behalf of All Plaintiffs. Suggestions in opposition/response due by 6/19/2017 unless otherwise directed by the court. (Attachments: # 1 Exhibit Proposed Amended Complaint)(Ferber, Joel) (Entered: 06/03/2017)

1 Exhibit Proposed Amended Complaint

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June 3, 2017

June 3, 2017

PACER
68

SUGGESTIONS in support re 67 MOTION to amend/correct Complaint filed by Joel D Ferber on behalf of Plaintiffs J.E.M., J.L.M.. (Related document(s) 67 ) (Ferber, Joel) (Entered: 06/03/2017)

June 3, 2017

June 3, 2017

PACER
69

CERTIFICATE OF SERVICE by All Plaintiffs filed by Joel D Ferber on behalf of Plaintiffs J.E.M., J.L.M..(Ferber, Joel) (Entered: 06/05/2017)

June 5, 2017

June 5, 2017

PACER
70

Before the Court is Motion for Leave to File an Amended Complaint. (Doc. #67). Pursuant to Federal Rule of Civil Procedure 15 and considering the lack of opposition by Defendants, the motion is granted. Plaintiffs are directed to file their First Amended Complaint on or before June 7, 2017. Signed on 6/6/17 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached.(Diefenbach, Tracy) (Entered: 06/06/2017)

June 6, 2017

June 6, 2017

PACER
71

AMENDED COMPLAINT against All Defendants filed by Joel D Ferber on behalf of All Plaintiffs.(Ferber, Joel) (Entered: 06/06/2017)

June 6, 2017

June 6, 2017

RECAP
72

Consent MOTION for leave to file excess pages filed by Colleen Joern Vetter on behalf of All Defendants. Suggestions in opposition/response due by 6/28/2017 unless otherwise directed by the court. (Vetter, Colleen) (Entered: 06/14/2017)

June 14, 2017

June 14, 2017

PACER
73

ORDER: Before the Court is Defendants' Motion to Exceed Page Limits on Motion to Dismiss. (Doc. #72). For good cause stated the motion is granted. Defendants are granted leave to file a motion to dismiss in a length up to twenty (20) pages. Signed on 6/15/2017 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached.(Travis, Kendra) (Entered: 06/15/2017)

June 15, 2017

June 15, 2017

PACER
74

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Colleen Joern Vetter on behalf of All Defendants. Suggestions in opposition/response due by 7/5/2017 unless otherwise directed by the court. (Vetter, Colleen) (Entered: 06/20/2017)

June 20, 2017

June 20, 2017

PACER
75

SUGGESTIONS in support re 74 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Colleen Joern Vetter on behalf of Defendants Steven Corsi, Brian Kinkade, Jay Ludlam, Joe Parks, M.D., Jennifer Tidball, Acting Director of Missouri Department of Social Services. (Related document(s) 74 ) (Vetter, Colleen) (Entered: 06/20/2017)

June 20, 2017

June 20, 2017

PACER
76

CERTIFICATE OF SERVICE by All Plaintiffs of Plaintiffs' Designation of Experts filed by John J. Ammann on behalf of Plaintiffs J.E.M., J.L.M., H. L. O.(Ammann, John) (Entered: 06/21/2017)

June 21, 2017

June 21, 2017

PACER
77

CERTIFICATE OF SERVICE by All Defendants filed by Colleen Joern Vetter on behalf of Defendants Steven Corsi, Brian Kinkade, Jay Ludlam, Joe Parks, M.D., Jennifer Tidball, Acting Director of Missouri Department of Social Services.(Vetter, Colleen) (Entered: 06/23/2017)

June 23, 2017

June 23, 2017

PACER
78

NOTICE of appearance by Michael D. Quinlan on behalf of Steven Corsi, Jay Ludlam (Attorney Michael D. Quinlan added to party Steven Corsi(pty:dft), Attorney Michael D. Quinlan added to party Jay Ludlam(pty:dft))(Quinlan, Michael) (Entered: 06/29/2017)

June 29, 2017

June 29, 2017

PACER
79

NOTICE to take deposition of Jay Ludlam filed by John J. Ammann on behalf of Plaintiffs J.E.M., J.L.M., H. L. O.(Ammann, John) (Entered: 06/30/2017)

June 30, 2017

June 30, 2017

PACER
80

NOTICE to take deposition of Jennifer Tidball filed by John J. Ammann on behalf of Plaintiffs J.E.M., J.L.M., H. L. O.(Ammann, John) (Entered: 06/30/2017)

June 30, 2017

June 30, 2017

PACER
81

NOTICE to take deposition of Stephen Calloway filed by John J. Ammann on behalf of Plaintiffs J.E.M., J.L.M., H. L. O.(Ammann, John) (Entered: 06/30/2017)

June 30, 2017

June 30, 2017

PACER
82

NOTICE to take deposition of Mark Roaseau filed by John J. Ammann on behalf of Plaintiffs J.E.M., J.L.M., H. L. O.(Ammann, John) (Entered: 06/30/2017)

June 30, 2017

June 30, 2017

PACER
83

CERTIFICATE OF SERVICE by All Plaintiffs filed by Joel D Ferber on behalf of Plaintiffs J.E.M., J.L.M., H. L. O.(Ferber, Joel) (Entered: 06/30/2017)

June 30, 2017

June 30, 2017

PACER
84

SUGGESTIONS in opposition re 74 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Abigail Coursolle on behalf of Plaintiffs J.E.M., J.L.M., H. L. O. Reply suggestions due by 7/17/2017 unless otherwise directed by the court. (Related document(s) 74 ) (Coursolle, Abigail) (Entered: 07/03/2017)

July 3, 2017

July 3, 2017

PACER
85

CERTIFICATE OF SERVICE by Steven Corsi, Jay Ludlam Objections and Responses to Plaintiff's First Request for Production of Documents filed by Colleen Joern Vetter on behalf of Defendants Steven Corsi, Jay Ludlam.(Vetter, Colleen) (Entered: 07/07/2017)

July 7, 2017

July 7, 2017

PACER
86

CERTIFICATE OF SERVICE by Steven Corsi, Jay Ludlam First Supplemental Objections and Responses to Plaintiffs' First Request for Production of Documents filed by Colleen Joern Vetter on behalf of Defendants Steven Corsi, Jay Ludlam.(Vetter, Colleen) (Entered: 07/07/2017)

July 7, 2017

July 7, 2017

PACER
87

NOTICE to take deposition of Dr. Blair Thedinger filed by Colleen Joern Vetter on behalf of Defendants Steven Corsi, Jay Ludlam.(Vetter, Colleen) (Entered: 07/12/2017)

July 12, 2017

July 12, 2017

PACER
88

NOTICE to take deposition of J.L.M. filed by Colleen Joern Vetter on behalf of Defendants Steven Corsi, Jay Ludlam.(Vetter, Colleen) (Entered: 07/12/2017)

July 12, 2017

July 12, 2017

PACER
89

NOTICE to take deposition of J.E.M. filed by Colleen Joern Vetter on behalf of Defendants Steven Corsi, Jay Ludlam.(Vetter, Colleen) (Entered: 07/12/2017)

July 12, 2017

July 12, 2017

PACER
90

NOTICE to take deposition of H.L.O. filed by Colleen Joern Vetter on behalf of Defendants Steven Corsi, Jay Ludlam.(Vetter, Colleen) (Entered: 07/12/2017)

July 12, 2017

July 12, 2017

PACER
91

REPLY SUGGESTIONS to motion re 74 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Colleen Joern Vetter on behalf of Defendants Steven Corsi, Brian Kinkade, Jay Ludlam, Joe Parks, M.D., Jennifer Tidball, Acting Director of Missouri Department of Social Services. (Related document(s) 74 ) (Vetter, Colleen) (Entered: 07/17/2017)

July 17, 2017

July 17, 2017

PACER
92

NOTICE to take deposition of Dr. Bruce R. Bacon filed by Colleen Joern Vetter on behalf of Defendants Steven Corsi, Jay Ludlam.(Vetter, Colleen) (Entered: 07/18/2017)

July 18, 2017

July 18, 2017

PACER
93

NOTICE to take deposition of Dr. Jaquelyn Fitch Fleckenstein filed by Colleen Joern Vetter on behalf of Defendants Steven Corsi, Jay Ludlam.(Vetter, Colleen) (Entered: 07/18/2017)

July 18, 2017

July 18, 2017

PACER
94

ORDER: Defendants Motion to Dismiss Plaintiffs Amended Complaint (Doc. #74) is hereby DENIED. Signed on 7/21/2017 by District Judge Stephen R. Bough. (Travis, Kendra) (Entered: 07/21/2017)

July 21, 2017

July 21, 2017

RECAP
95

CERTIFICATE OF SERVICE by All Plaintiffs filed by Joel D Ferber on behalf of Plaintiffs J.E.M., J.L.M., H. L. O.(Ferber, Joel) (Entered: 07/21/2017)

July 21, 2017

July 21, 2017

PACER
96

CERTIFICATE OF SERVICE by Steven Corsi, Jay Ludlam Defendants' First Supplemental Disclosures and Expert Witness Disclosure filed by Colleen Joern Vetter on behalf of Defendants Steven Corsi, Jay Ludlam.(Vetter, Colleen) (Entered: 07/24/2017)

July 24, 2017

July 24, 2017

PACER
97

Amended NOTICE to take deposition of Jay Ludlam filed by John J. Ammann on behalf of Plaintiffs J.E.M., J.L.M., H. L. O.(Ammann, John) (Entered: 08/02/2017)

Aug. 2, 2017

Aug. 2, 2017

PACER
98

Amended NOTICE to take deposition of Steve Calloway filed by John J. Ammann on behalf of Plaintiffs J.E.M., J.L.M., H. L. O.(Ammann, John) (Entered: 08/02/2017)

Aug. 2, 2017

Aug. 2, 2017

PACER
99

Amended NOTICE to take deposition of Mark Roaseau filed by John J. Ammann on behalf of Plaintiffs J.E.M., J.L.M., H. L. O.(Ammann, John) (Entered: 08/02/2017)

Aug. 2, 2017

Aug. 2, 2017

PACER

Case Details

State / Territory: Missouri

Case Type(s):

Prison Conditions

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Oct. 18, 2016

Closing Date: Nov. 20, 2017

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Three Medicaid recipients residing in Missouri with Hepatitis C whose prescriptions for various medicines likely to cure their Hepatitis C were denied authorization by Missouri HealthNet.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Legal Services/Legal Aid

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

MO HealthNet (Jefferson City, Missouri, Cole), State

Case Details

Causes of Action:

42 U.S.C. § 1983

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

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

Constitutional Clause(s):

Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Amount Defendant Pays: 0

Content of Injunction:

Preliminary relief denied

Preliminary relief granted

Issues

General:

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

Discrimination-basis:

Disability (inc. reasonable accommodations)

Medical/Mental Health:

Hepatitis

Benefit Source:

Medicaid