Case: Jackson v. Secretary of the Indiana Family and Social Services Administration

COMPLAINT for Declaratory and Injunctive Relief (Class Action) against SECRETARY OF THE INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION, filed by SARAH JACKSON. (Filing fee $400, receipt number 0756-3686215) (Attachments: # 1 Exhibit 1 (CMS Notice), # 2 Exhibit 2 (2014 FSSA Policy), # 3 Exhibit 3 (2015 FSSA Policy), # 4 Exhibit 4 (Denial Notice), # 5 Civil Cover Sheet, # 6 Proposed Summons)(Rose, Gavin) (Entered: 11/25/2015)

1 Exhibit 1 (CMS Notice)

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2 Exhibit 2 (2014 FSSA Policy)

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3 Exhibit 3 (2015 FSSA Policy)

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4 Exhibit 4 (Denial Notice)

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5 Civil Cover Sheet

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6 Proposed Summons

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NOTICE of Appearance by Gavin Minor Rose on behalf of Plaintiff SARAH JACKSON. (Rose, Gavin) (Entered: 11/25/2015)

MOTION to Certify Class, filed by Plaintiff SARAH JACKSON. (Rose, Gavin) (Entered: 11/25/2015)

BRIEF/MEMORANDUM in Support re 3 MOTION to Certify Class, filed by Plaintiff SARAH JACKSON. (Rose, Gavin) (Entered: 11/25/2015)

NOTICE of Appearance by Francis Ignatius Quigley on behalf of Plaintiff SARAH JACKSON. (Quigley, Francis) (Entered: 11/25/2015)

Summons Issued as to SECRETARY OF THE INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION. (JRT) (Entered: 11/25/2015)

MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (JRT) (Entered: 11/25/2015)

NOTICE of Appearance by Dennis E. Mullen on behalf of Defendant SECRETARY OF THE INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION. (Mullen, Dennis) (Entered: 12/09/2015)

MOTION for Extension of Time to File Response to December 21, 2015 re 3 MOTION to Certify Class, filed by Defendant SECRETARY OF THE INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION. (Attachments: # 1 Text of Proposed Order)(Mullen, Dennis) (Entered: 12/09/2015)

NOTICE of Appearance by Kelly J. Pautler on behalf of Defendant SECRETARY OF THE INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION. (Pautler, Kelly) (Entered: 12/09/2015)

NOTICE of Appearance by Benjamin Myron Lane Jones on behalf of Defendant SECRETARY OF THE INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION. (Jones, Benjamin) (Entered: 12/09/2015)

ORDER granting 9 Motion for Extension of Time to File Response to 12/21/2015 re 3 MOTION to Certify Class . Signed by Magistrate Judge Denise K. LaRue on 12/11/2015. (CBU) (Entered: 12/11/2015)

NOTICE of Initial Automatic Extension of Time, filed by Defendant SECRETARY OF THE INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION (Mullen, Dennis) (Entered: 12/14/2015)

Second MOTION for Extension of Time to File Response to January 18, 2016 re 3 MOTION to Certify Class, filed by Defendant SECRETARY OF THE INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION. (Attachments: # 1 Text of Proposed Order)(Mullen, Dennis) (Entered: 12/14/2015)

ORDER granting 14 Motion for Extension of Time to File Response to 1/18/2016 re 3 MOTION to Certify Class . Signed by Magistrate Judge Denise K. LaRue on 12/16/2015. (CBU) (Entered: 12/16/2015)

*** WITHDRAWN PER ORDER 77 *** MOTION for Preliminary Injunction, filed by Plaintiff SARAH JACKSON. (Attachments: # 1 Exhibit 1 (Aff. of Dr. Hays), # 2 Exhibit 2 (Aff. of Ms. Jackson), # 3 Exhibit 3 (FSSA Policy 1), # 4 Exhibit 4 (FSSA Policy 2), # 5 Exhibit 5 (Annals of Internal Medicine Publication), # 6 Exhibit 6 (CMS Guidance), # 7 Exhibit 7 (Indiana Preferred Drug List))(Rose, Gavin) Modified on 8/29/2016 (CKM). (Entered: 12/29/2015)

BRIEF/MEMORANDUM in Support re 16 MOTION for Preliminary Injunction, filed by Plaintiff SARAH JACKSON. (Rose, Gavin) (Entered: 12/29/2015)

SCHEDULING ORDER: Telephonic Status Conference set for 1/6/2016 at 02:00 PM before Magistrate Judge Denise K. LaRue. The purpose of the conference is to discuss Plaintiff's Motion for Preliminary Injunction [Dkt. 16 ]. Counsel will receive call-in information for the conference via separate email notification. Signed by Magistrate Judge Denise K. LaRue on 1/5/2016.(REO) (Entered: 01/05/2016)

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, filed by Defendant SECRETARY OF THE INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION. (Mullen, Dennis) (Entered: 01/15/2016)

BRIEF/MEMORANDUM in Support re 20 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, filed by Defendant SECRETARY OF THE INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION. (Mullen, Dennis) (Entered: 01/15/2016)

MOTION for Agreed Briefing Schedule for Plaintiff's Motion for Class Certification and Motion for Preliminary Injunction, filed by Defendant SECRETARY OF THE INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION. (Mullen, Dennis) (Entered: 01/19/2016)

MOTION to Stay Proceedings Pending Ruling on Motion to Dismiss, filed by Defendant SECRETARY OF THE INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION. (Attachments: # 1 Text of Proposed Order)(Mullen, Dennis) (Entered: 01/19/2016)

RESPONSE in Opposition re 20 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, 23 MOTION to Stay Proceedings Pending Ruling on Motion to Dismiss, filed by Plaintiff SARAH JACKSON. (Rose, Gavin) (Entered: 01/29/2016)

MINUTE ENTRY for proceedings held before Magistrate Judge Denise K. LaRue: Status Conference held on 1/6/2016 - Parties discussed the Motion for Preliminary Injunction [Dkt. 16 ] and discovery. The conference concluded without further order. Signed by Magistrate Judge Denise K. LaRue. (REO) (Entered: 01/29/2016)

Reassignment of Case to Magistrate Judge Matthew P. Brookman. Magistrate Judge Denise K. LaRue is no longer assigned to the case. Please include the new case number (1:15-cv-01874-SEB-MPB), which includes the initials of the newly assigned judge, on all future filings in this matter. (MAC) (Entered: 02/01/2016)

CORRECTED ORDER re 27 Order on Motion to Stay Proceedings. Telephonic Status Conference set for 4/5/2016 at 12:00 PM (EST) Indianapolis time, before Magistrate Judge Matthew P. Brookman. Signed by Magistrate Judge Matthew P. Brookman on 2/4/2016.(TMB) (Entered: 02/08/2016)

ORDER granting Defendant's 23 Motion to Stay proceedings pending a ruling on his Motion to Dismiss. Status Conference set for 4/5/2016 11:00 AM (CST) Evansville time in Telephonic before Magistrate Judge Matthew P. Brookman. The information needed to participate in this telephonic conference will be provided by a separate notification (see Order for additional information). Signed by Magistrate Judge Matthew P. Brookman on 2/5/2016.(SWM) (Entered: 02/05/2016)

APPEAL OF MAGISTRATE JUDGE DECISION to District Court by SARAH JACKSON re 27 Order on Motion to StayScheduling (Rose, Gavin) (Entered: 02/05/2016)

REPLY in Support of Motion re 20 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, filed by Defendant SECRETARY OF THE INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION. (Mullen, Dennis) (Entered: 02/08/2016)

***PLEASE DISREGARD - SEE ENTRY AT 33 ***First MOTION to Withdraw Attorney Appearance, filed by Plaintiff SARAH JACKSON. (Quigley, Francis) Modified text and terminated motion on 4/5/2016 (TMB). (Entered: 03/28/2016)

First MOTION to Withdraw Attorney Appearance, filed by Plaintiff SARAH JACKSON. (Attachments: # 1 Text of Proposed Order Proposed Order Granting Motion to Withdraw)(Quigley, Francis) (Entered: 03/31/2016)

MINUTE ORDER for proceedings held before Magistrate Judge Matthew P. Brookman: Status Conference held on 4/5/2016. Telephonic Status Conference set for 6/30/2016 at 09:30 AM (EDT) before Magistrate Judge Matthew P. Brookman. Signed by Magistrate Judge Matthew P. Brookman. (TMB) (Entered: 04/05/2016)

ORDER granting 33 Motion to Withdraw Attorney Appearance. Attorney Francis Ignatius Quigley withdrawn as co-counsel for the Plaintiff. Signed by Magistrate Judge Matthew P. Brookman on 4/5/2016. (CBU) (Entered: 04/06/2016)

ORDER - DENYING MOTION TO DISMISS; Defendant's Motion to Dismiss Dkt. No. 20 and OVERRULE Plaintiff's Objections to Magistrate Judge's Order Staying Proceedings Dkt. No. 28 as MOOT. The stay imposed by Docket Number 27 is lifted. We instruct the Magistrate Judge to hold a status conference as soon as possible to establish a briefing schedule for the motions currently pending on the docket. Signed by Judge Sarah Evans Barker on 4/12/2016. (CKM) (Entered: 04/12/2016)

ORDER RESETTING TELEPHONIC STATUS CONFERENCE: The TELEPHONIC STATUS CONFERENCE set for June 30, 2016, is hereby VACATED and RESCHEDULED to TUESDAY, APRIL 19, 2016, at 11:45 a.m., Indianapolis time (EDT), before Magistrate Judge Matthew P. Brookman. Pursuant to the Order entered at docket #36, the purpose of this conference is to establish a briefing schedule for the motions currently pending on the docket. The information needed to participate in this telephonic conference will be provided by a separate notification. Signed by Magistrate Judge Matthew P. Brookman on 4/13/2016.(SWM) (Entered: 04/13/2016)

MINUTE ORDER for proceedings held before Magistrate Judge Matthew P. Brookman: Status Conference held on 4/19/2016. The Motion for Agreed Briefing Schedule for Plaintiff's Motion for Class Certification and Motion for Preliminary Injunction [Dkt. 22] is GRANTED. The briefing schedule for the Motions [Dkts. 3 and 16] is as follows: The Defendant is to respond to both Motions by May 9, 2016. The Plaintiff's reply to the Defendant's response is to be filed by May 23, 2016. The parties request a one-day evidentiary hearing on both Motions before the Court at a time thereafter. Telephonic Status Conference set for 8/23/2016 at 09:30 AM before Magistrate Judge Matthew P. Brookman. Signed by Magistrate Judge Matthew P. Brookman. (NRN) (Entered: 04/20/2016)

ANSWER to 1 Complaint for Declaratory and Injunctive Relief and Statement of Defenses, filed by SECRETARY OF THE INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION.(Mullen, Dennis) (Entered: 04/26/2016)

NOTICE of Appearance by Jonathan Paul Nagy on behalf of Defendant SECRETARY OF THE INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION. (Nagy, Jonathan) (Entered: 04/27/2016)

SCHEDULING ORDER- Motion Hearing on certify class and for preliminary injunction set for 6/15/2016 at 1:30 PM in room #216, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Judge Sarah Evans Barker. Signed by Judge Sarah Evans Barker on 5/5/2016.(CBU) (Entered: 05/05/2016)

MOTION to Withdraw Attorney Appearance, filed by Defendant SECRETARY OF THE INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION. (Attachments: # 1 Text of Proposed Order Granting Motion to Withdraw Appearance)(Mullen, Dennis) (Entered: 05/06/2016)

*** SEALED PER ORDER DATED 6/29/2016 *** SEALED RESPONSE re 16 MOTION for Preliminary Injunction, filed by Defendant SECRETARY OF THE INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION. (Attachments: # 1 Exhibit 1 - Affidavit of Dr. Zerr, # 2 Attachment 1 Dr. Zerr's CV, # 3 Attachment 2 - WHO Media on Hepatitis C, # 4 Attachment 3 - 2015 Article re: Alimentary Pharmacology and Therapeutics, # 5 Attachment 4 - Starting Treatment of Acute HCV Earlly article, # 6 Attachment 5 - Natural Hsitory of Hepatitis C, # 7 Attachment 6 - Clinical Manifestations and Natural History of Chronic Hepatitis C Virus Infection, # 8 Attahcment 7 - State Medicaid Coverage Policies, # 9 Attachment 8 - Jackson's Medical Records, # 10 Attachment 9 - Harvonie Insert Packet, # 11 Attachment 10 - AASLD Publication, # 12 Attachment 11 - NIH Publication, # 13 Attachment 12 - Senate Report, # 14 Exhibit 2- Affidavit of Paul Bowling, # 15 Attachment 1 to Bowling Affidavit, # 16 Exhibit 3 - Dr. Hays Deposition Excerpts, # 17 Exhibit 4 - Dr. Zerr's Deposition Excerpts, # 18 Exhibit 5 - USPSTF A&B Recommendation)(Jones, Benjamin) Modified on 7/1/2016 (SWM). (Entered: 05/09/2016)

*** SEALED PER ORDER DATED 6/29/2016 *** SEALED RESPONSE re 3 MOTION to Certify Class, filed by Defendant SECRETARY OF THE INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION. (Jones, Benjamin) Modified on 7/1/2016 (SWM). (Entered: 05/09/2016)

MOTION to Maintain Document Under Seal 45 SEALED Response to Motion, 44 SEALED Response to Motion, filed by Defendant SECRETARY OF THE INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION. (Attachments: # 1 Text of Proposed Order)(Jones, Benjamin) (Entered: 05/09/2016)

MOTION to Compel Plaintiff to Sign Medical Release Authorizations, filed by Defendant SECRETARY OF THE INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Text of Proposed Order)(Jones, Benjamin) (Entered: 05/09/2016)

ORDER granting 43 Motion to Withdraw Attorney Appearance. Attorney Dennis E. Mullen withdrawn. Signed by Magistrate Judge Matthew P. Brookman on 5/10/2016. (SWM) (Entered: 05/11/2016)

SCHEDULING ORDER: Status Conference set for 5/17/2016 at 02:00 PM (Eastern Time) in Telephonic before Magistrate Judge Matthew P. Brookman. The purpose of this conference is to discuss the pending motions before the Court. Signed by Magistrate Judge Matthew P. Brookman on 5/16/2016.(TMB) (Entered: 05/16/2016)

Minute Entry for proceedings held before Magistrate Judge Matthew P. Brookman: Status Conference held on 5/17/2016. The parties are granted leave to file a proposed Uniform Protective Order in accordance with Fed. R. Civ. P. 26(c)(1), and are directed to the Uniform Protective Order approved in the Southern District of Indiana. (NRN) (Entered: 05/18/2016)

Unopposed MOTION for Extension of Time to File Reply to 05/31/2016 re 3 MOTION to Certify Class, 16 MOTION for Preliminary Injunction, filed by Plaintiff SARAH JACKSON. (Attachments: # 1 Text of Proposed Order)(Rose, Gavin) (Entered: 05/18/2016)

ORDER granting Plaintiff and the Putative Class' 51 Motion for Extension of Time to File Reply to 5/31/2016 re 16 MOTION for Preliminary Injunction and 3 MOTION to Certify Class . Signed by Magistrate Judge Matthew P. Brookman on 5/20/2016. (SWM) (Entered: 05/20/2016)

MOTION for Protective Order [Uniform Stipulated], filed by Defendant SECRETARY OF THE INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION. (Attachments: # 1 Exhibit Proposed Order)(Jones, Benjamin) (Entered: 05/24/2016)

UNIFORM STIPULATED PROTECTIVE ORDER 54 APPROVED. Signed by Magistrate Judge Matthew P. Brookman on 5/25/2016.(SWM) (Entered: 05/26/2016)

RESPONSE in Opposition re 47 MOTION to Compel Plaintiff to Sign Medical Release Authorizations, 46 MOTION to Maintain Document Under Seal 45 SEALED Response to Motion, 44 SEALED Response to Motion, filed by Plaintiff SARAH JACKSON. (Attachments: # 1 Exhibit 1 (Apr. 26, 2016 emails), # 2 Exhibit 2 (May 11, 2016 letter from plaintiff to defendant), # 3 Exhibit 3 (May 13, 2016 letter from defendant to plaintiff), # 4 Exhibit 4 (May 13, 2016 email from plaintiff to defendant), # 5 Exhibit 5 (May 16, 2016 email from defendant to plaintiff))(Rose, Gavin) (Entered: 05/26/2016)

NOTICE of Filing of Additional Evidence in Support of Preliminary Injunction Motion by SARAH JACKSON (Attachments: # 1 Exhibit 1-3 (Zerr Dep.) (Part 1), # 2 Exhibit 1-3 (Zerr Dep.) (Part 2), # 3 Exhibit 1-3 (Zerr Dep.) (Part 3), # 4 Exhibit 4 (Hays Dep.), # 5 Exhibit 5 (Hays Supp. Aff.), # 6 Exhibit 6 (Jackson Supp. Aff. - unsigned), # 7 Exhibit 7 (U.S. Dep't of Veterans Affairs Memo.), # 8 Exhibit 8 (Associated Press Article), # 9 Exhibit 9 (About the USPSTF)) (Rose, Gavin) (Entered: 05/31/2016)

MOTION for Leave to File Excess Pages (Over-Sized Reply Brief in Support of Mot. for Prelim. Inj.), filed by Plaintiff SARAH JACKSON. (Attachments: # 1 Appendix (Oversized Reply Brief in Support of Mot. for Prelim. Inj.), # 2 Text of Proposed Order)(Rose, Gavin) (Entered: 05/31/2016)

REPLY in Support of Motion re 3 MOTION to Certify Class, filed by Plaintiff SARAH JACKSON. (Rose, Gavin) (Entered: 05/31/2016)

ORDER granting Plaintiff's 58 Motion for Leave to Over-Sized Brief. IT IS THEREFORE ORDERED that the plaintiff is GRANTED leave to file an over- sized reply brief in support of her Motion for Preliminary Injunction, and the reply brief shall be filed as a separate entry in this case within five (5) days from the date of this order. Signed by Magistrate Judge Matthew P. Brookman on 6/1/2016. (SWM) (Entered: 06/02/2016)

REPLY in Support of Motion re 16 MOTION for Preliminary Injunction, filed by Plaintiff SARAH JACKSON. (Rose, Gavin) (Entered: 06/02/2016)

NOTICE of Filing of Supplemental Affidavit of Sarah Jackson by SARAH JACKSON (Attachments: # 1 Affidavit of Sarah Jackson (Supplemental)) (Rose, Gavin) (Entered: 06/07/2016)

MOTION for Leave to File Surreply in Opposition to Motion for Preliminary Injunction, filed by Defendant SECRETARY OF THE INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION. (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order Entry)(Jones, Benjamin) (Entered: 06/09/2016)

ORDER granting Defendant's 63 Motion for Leave to File a surreply. Defendant shall file his surreply within two (2) days from the date of this order. Signed by Magistrate Judge Matthew P. Brookman on 6/13/2016. (SWM) (Entered: 06/13/2016)

Surreply re 16 MOTION for Preliminary Injunction, filed by Defendant SECRETARY OF THE INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION. (Jones, Benjamin) (Entered: 06/14/2016)

NOTICE of Appearance by Kenneth J. Falk on behalf of Plaintiff SARAH JACKSON. (Falk, Kenneth) (Entered: 06/15/2016)

SCHEDULING ORDER: The hearing on Plaintiff's motions to certify class and for preliminary injunction on Wednesday, June 15, 2016 has been rescheduled to 1:00 p.m. in Room 216 of the United States Courthouse in Indianapolis, Indiana. Please note the time change.(KR) (Entered: 06/15/2016)

COURT ENTRY AND SCHEDULING ORDER: Settlement Conference set for 7/26/2016 02:00 AM before Judge Sarah Evans Barker.(CKM) (Entered: 06/15/2016)

ORDER granting Defendant's 46 Motion to Maintain Document Under Seal; denying Defendant's 47 Motion to Compel. The Court ORDERS that Docket No. 44 and Docket No. 45 be maintained under seal. The Court further ORDERS FSSA to file redacted versions of the same within five (5) days of this Order. See Order for additional information. Signed by Magistrate Judge Matthew P. Brookman on 6/29/2016. (SWM) (Entered: 07/01/2016)

REDACTED RESPONSE in Opposition re 44 MOTION for Preliminary Injunction 16, filed by Defendant SECRETARY OF THE INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION. (Attachments: # 1 Exhibit 1 - Zerr Affidavit - Part 1 of 2, # 2 Exhibit 1 - Zerr Affidavit - Part 2 of 2, # 3 Exhibit 2 - Affidavit of Bowling, # 4 Exhibit 3 - Hays Depo, # 5 Exhibit 4 - Zerr Depo, # 6 Exhibit 5 - USPSTF Recommendation)(Jones, Benjamin) Modified on 7/6/2016 (CKM). (Entered: 07/05/2016)

REDACTED RESPONSE in Opposition re 45, re 3 MOTION to Certify Class [Redacted], filed by Defendant SECRETARY OF THE INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION. (Jones, Benjamin) Modified on 7/6/2016 (CKM). (Entered: 07/05/2016)

ENTRY - In preparing for the settlement conference scheduled for July 26, 2016 at 2:30 PM, the parties shall familiarize themselves with the recent amendments to Medicare Hepatitis C treatment policies in Florida, New York, Delaware, Washington, Massachusetts, Connecticut, and Maine as well as recent policy changes adopted by private insurers. The parties should also be prepared to discuss the decision in B.E. and A.R. v. Teeter, 2016 WL 3033500 (W.D. Wash. May 27, 2016).(CKM) (Entered: 07/21/2016)

*** PLEASE DISREGARD DOCKETED IN ERROR *** Minute order for settlement conference held before Judge Sarah Evans Barker on 7/26/2016. The Plaintiff appeared by counsel Gavin Rose and Kenneth Falk, and the Defendant appeared by Counsel Benjamin Jones and Kelly Pautler, and by Dr. Ann Zerr, Chris Johnson, Allison Taylor and Elizabeth Fiscus, representatives of the Family and Social Services Administration. The parties reached a tentative agreement, and agreed to exchange settlement proposals and finalize a draft by August 31, 2016, which will allow for an October 1, 2016, implementation date.(KR) Modified on 7/27/2016 (CKM). (Entered: 07/26/2016)

AMENDED ENTRY re Settlement Conference ; The Court conducted a settlement conference. The Plaintiff appeared by counsel Gavin Rose and Kenneth Falk, and the Defendant appeared by counsel Benjamin Jones and Kelly Pautler, and by Dr. Ann Zerr, Chris Johnson, Allison Taylor and Elizabeth Fiscus, representatives of the Family and Social Services Administration. The Court discussed the outlines of a possible agreement with the parties. The parties agreed to exchange settlement proposals and to finalize a draft by August 31, 2016, which will allow for an October 1, 2016, implementation date. The proceedings were adjourned. (CKM) (Entered: 07/27/2016)

MOTION to Withdraw 16 MOTION for Preliminary Injunction, filed by Plaintiff SARAH JACKSON. (Attachments: # 1 Text of Proposed Order)(Rose, Gavin) (Entered: 08/24/2016)

ORDER - granting 76 Motion to Withdraw Plaintiffs' Motion for Preliminary Injunction (ECF No. 16) is hereby withdrawn, without prejudice to its refiling as circumstances dictate. Signed by Judge Sarah Evans Barker on 8/26/2016. (CKM) (Entered: 08/29/2016)

MINUTE ORDER for proceedings held before Magistrate Judge Matthew P. Brookman: Status Conference held on 8/23/2016. If Defendant objects to the current discovery propounded related to a replacement representative Plaintiff, it is to do so on or before September 15, 2016. If the Defendant does not object, Defendant must respond to discovery on or before September 30, 2016. Plaintiff is to file a Motion to Intervene by a new representative Plaintiff and/or Motion to Amend the Complaint on or before November 30, 2016. Plaintiff is to file a Stipulation of Dismissal of Representative Plaintiff Sarah Jackson on or before December 30, 2016. Status Conference set for 10/13/2016 at 03:00 PM (Eastern Time) in Telephonic before Magistrate Judge Matthew P. Brookman. Signed by Magistrate Judge Matthew P. Brookman. (TMB) Modified on 9/2/2016 (TMB). (Entered: 09/01/2016)

NOTICE of Objection to Discovery Request, filed by Defendant SECRETARY OF THE INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION (Jones, Benjamin) Modified on 9/16/2016 (CKM). (Entered: 09/15/2016)

Joint MOTION for Administrative Closure, filed by Plaintiff SARAH JACKSON. (Attachments: # 1 Text of Proposed Order)(Rose, Gavin) (Entered: 09/19/2016)

ORDER - The Court now finds that said Motion 80 should be GRANTED. The pending Motion to Certify Class Dkt. 3 is hereby administratively closed without prejudice, subject to re-opening as circumstances dictate. Signed by Judge Sarah Evans Barker on 9/21/2016. (CKM) (Entered: 09/21/2016)

ORDER VACATING TELEPHONIC STATUS CONFERENCE: Comes now the Court, sua sponte, and VACATES the TELEPHONIC STATUS CONFERENCE currently set in this matter on Thursday, October 13, 2016 at 3:00 p.m. Signed by Magistrate Judge Matthew P. Brookman on 9/30/2016.(SWM) (Entered: 09/30/2016)

SCHEDULING ORDER: Discovery Conference set for 10/20/2016 at 12:30 PM (Eastern Time) in Telephonic before Magistrate Judge Matthew P. Brookman. Signed by Magistrate Judge Matthew P. Brookman on 10/19/2016.(TMB) (Entered: 10/19/2016)

MINUTE ORDER for proceedings held before Magistrate Judge Matthew P. Brookman: Discovery Conference held on 10/20/2016. Parties were represented by counsel. No further orders are entered at this time. Signed by Magistrate Judge Matthew P. Brookman. (TMB) (Entered: 10/20/2016)

MOTION to Withdraw Attorney Appearance, filed by Defendant SECRETARY OF THE INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION. (Attachments: # 1 Text of Proposed Order)(Pautler, Kelly) (Entered: 11/10/2016)

ORDER granting 86 Motion to Withdraw Attorney Appearance. Attorney Kelly J. Pautler withdrawn. Signed by Magistrate Judge Matthew P. Brookman on 11/15/2016. (SWM) (Entered: 11/16/2016)

MOTION to Intervene as Named Plaintiff and Class Representative (Permissive Intervention), filed by Intervenor Plaintiff TENNEIL SELNER. (Attachments: # 1 Class Action Complaint in Intervention for Declaratory and Injunctive Relief, # 2 Exhibit 1 (2016 Policy), # 3 Exhibit 2 (CMS Guidance), # 4 Exhibit 3 (2014 Policy), # 5 Exhibit 4 (2015 Policy), # 6 Exhibit 5 (Selner Denial))(Rose, Gavin) (Entered: 11/30/2016)

BRIEF/MEMORANDUM in Support re 88 MOTION to Intervene as Named Plaintiff and Class Representative (Permissive Intervention), filed by Intervenor Plaintiff TENNEIL SELNER. (Rose, Gavin) (Entered: 11/30/2016)

NOTICE of Appearance by Gavin Minor Rose on behalf of Intervenor Plaintiff TENNEIL SELNER. (Rose, Gavin) (Entered: 11/30/2016)

NOTICE of Appearance by Kenneth J. Falk on behalf of Intervenor Plaintiff TENNEIL SELNER. (Falk, Kenneth) (Entered: 11/30/2016)

NOTICE of No Objection, filed by Defendant SECRETARY OF THE INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION, re 88 MOTION to Intervene as Named Plaintiff and Class Representative (Permissive Intervention). (Jones, Benjamin) (Entered: 12/19/2016)

Submission of Proposed Order, re 88 MOTION to Intervene as Named Plaintiff and Class Representative (Permissive Intervention), filed by Plaintiff SARAH JACKSON, Intervenor Plaintiff TENNEIL SELNER. (Rose, Gavin) (Entered: 12/22/2016)

Unopposed MOTION for Extension of Time to 30 days after decision on ECF No. 88 to File Dismissal Papers Concerning Sarah Jackson, filed by Plaintiff SARAH JACKSON. (Attachments: # 1 Text of Proposed Order)(Rose, Gavin) (Entered: 12/30/2016)

ORDER - granting 88 Motion to Intervene; Tenneil Selner is hereby granted leave to intervene in this action as a plaintiff and representative of the putative class pursuant to Rule 24(b) of the Federal Rules of Civil Procedure, and that her Class Action Complaint in Intervention for Declaratory and Injunctive Relief is deemed filed as of this date. The Clerk is directed to administratively re-open this case. Signed by Judge Sarah Evans Barker on 1/3/2017. (CKM) (Entered: 01/04/2017)

ORDER granting 94 Motion for an extension of time to and including 30 days after the Court issues a decision on Tenneil Selner's Motion for Permissive Intervention 88, to file appropriate papers dismissing Sarah Jackson's individual claims. Signed by Judge Sarah Evans Barker on 1/6/2017. (CBU) (Entered: 01/06/2017)

STIPULATION of Dismissal of Sarah Jackson, filed by Plaintiff SARAH JACKSON. (Attachments: # 1 Text of Proposed Order)(Rose, Gavin) (Entered: 01/10/2017)

DISMISSAL - SARAH JACKSON (on her own behalf and on behalf of a class of those similarly situated) terminated. Approves Parties Stipulation of Dismissal from the case, with prejudice. Signed by Judge Sarah Evans Barker on 1/17/2017.(MAC) (Entered: 01/17/2017)

Def's ANSWER to 1 Complaint, filed by SECRETARY OF THE INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION.(Jones, Benjamin) (Entered: 01/24/2017)

SCHEDULING ORDER: Status Conference set for 3/23/2017 11:45 AM (Eastern Time) in Telephonic before Magistrate Judge Matthew P. Brookman. The information needed by counsel to participate in this telephonic conference will be provided by a separate notification. Signed by Magistrate Judge Matthew P. Brookman on 1/26/2017.(SWM) (Entered: 01/26/2017)

MINUTE ORDER for proceedings held before Magistrate Judge Matthew P. Brookman: Status Conference held on 3/23/2017. The briefing schedules for Plaintiff's anticipated Motion to Certify Class and Motion for Preliminary Injunction shall be as follows: A. Plaintiff's motions shall be filed on or before June 30, 2017. B. Defendant's responses to the motions shall be filed on or before July 28, 2017. C. Plaintiff's replies shall be filed on or before August 18, 2017. Signed by Magistrate Judge Matthew P. Brookman. (TMB) (Entered: 03/23/2017)

Joint MOTION for Extension of Time to 08/14/2017 Extension of Briefing Schedule for Mot. for Prelim. Inj. & Mot. for Class Cert., filed by Intervenor Plaintiff TENNEIL SELNER. (Attachments: # 1 Text of Proposed Order)(Rose, Gavin) (Entered: 06/23/2017)

NOTICE of Appearance by Jennifer Elizabeth Lemmon on behalf of Defendant SECRETARY OF THE INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION. (Lemmon, Jennifer) (Entered: 06/23/2017)

ORDER - granting 104 Motion for Joint Motion to Amend Briefing Schedule. *** SEE ORDER FOR DATES AND DEADLINES ***. Signed by Judge Sarah Evans Barker on 6/28/2017. (CKM) (Entered: 06/29/2017)

NOTICE of Substitution of Appearance by Kelly Suzanne Witte replacing Jonathan P. Nagy on behalf of SECRETARY OF THE INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION (Witte, Kelly) (Entered: 07/24/2017)

ORDER - Acknowledges the Notice of Appearance and Substitution . Jonathan P. Nagy is hereby withdrawn. The appearance of Kelly S. Witte is entered. Signed by Judge Sarah Evans Barker on 7/27/2017. (marginal notation)(CKM) Modified on 7/27/2017 (CKM). (Entered: 07/27/2017)