Case: Bagnall v. Sebelius

3:11-cv-01703 | U.S. District Court for the District of Connecticut

Filed Date: Nov. 3, 2011

Case Ongoing

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Case Summary

On November 3, 2011, seven Medicare beneficiaries who were denied Medicare benefits filed this lawsuit on behalf of themselves and a class of similarly situated persons in the United States District Court for the District of Connecticut. The plaintiffs sued the Secretary of Health and Human Services (HHS) (the Secretary) under the Administrative Procedure Act (APA) and the Freedom of Information Act. Represented by the Center for Medicare Advocacy, Justice in Aging, the National Senior Citizens Law Center, and private counsel, the plaintiffs sought declaratory and injunctive relief, an order of mandamus, costs, and attorneys’ fees. They claimed that they were unlawfully denied Medicare benefits for inpatient hospital services because hospitals placed them on “observation status” without formally admitting them. Specifically, they alleged that HHS regulations which allowed hospitals to place them on observation status:

Deprived them of Medicare Part A benefits guaranteed by 42 U.S.C. § 1395d(a);
Were promulgated without the notice and comment period required by the APA, 5 U.S.C. § 553, and the Medicare Act, 42 U.S.C. § 1395hh(a)(2);
Had no legal effect because they were not published in the Federal Register as required by the Freedom of Information Act, 5 U.S.C. § 552(a)(1)(D); and
Violated the APA’s prohibition on agency actions that are “arbitrary, capricious, or an abuse of discretion.” 5 U.S.C. § 706(2)(A).

They also alleged that:

The Secretary’s failure to notify them of their placement on observation status violated the notice provisions of the Medicare Act and the Due Process Clause of the Fifth Amendment;
They were deprived the right to administrative review guaranteed by the Medicare Act and the Due Process Clause of the Fifth Amendment; and
Allowing hospitals to place them on observation status and reverse physicians’ decision to admit them interfered with the practice of medicine in violation of 42 U.S.C. § 1395.

The plaintiffs also sought class certification under Rule 23(b)(2) of the Federal Rules of Civil Procedure. They proposed to define a class of Medicare beneficiaries who lost Medicare Part A benefits due to placement on observation status during hospital stays on or after January 1, 2009.

The Secretary moved to dismiss for lack of jurisdiction and failure to state a claim. The case then bogged down for four years while defendant’s motion to dismiss and plaintiffs' motion to certify a class were pending. The delay was caused by intervention of a number of individually named plaintiffs, frequent re-filing of motions after new plaintiffs were added, numerous motions for extended time on filings, and reassignment of the case from Judge Alvin W. Thompson to Judge Michael P. Shea.

Eventually, Judge Shea dismissed the case. In a September 23, 2013, order, Judge Shea rejected the Secretary’s argument that the court lacked jurisdiction because the plaintiffs failed to exhaust their administrative remedies. He found that the requirement that plaintiffs exhaust their administrative remedies was subject to judicial waiver and public policy weighed against requiring full administrative review in a challenge to the substance rather than application of agency rules. However, Judge Shea held that the plaintiff’s claims failed as a matter of law. Relying on Estate of Landers v. Leavitt, a Second Circuit case that rejected a similar challenge to the definition of a “qualifying hospital stay” for Medicare Part A benefits, Judge Shea found that the Secretary’s interpretation of “inpatient” carried “a great deal of persuasive weight” and was not arbitrary or capricious. Next, Judge Shea determined that the challenged regulations were not subject to notice-and-comment requirements because they merely “clarif[ied] an existing statute or regulation.” He also found that the Secretary’s policies did not have to be published in the Federal Register because they would not adversely affect members of the public and, in any event, that they had already been adequately published in the Register. Turning to the plaintiff’s constitutional and related statutory claims, Judge Shea found that the decision to admit hospital patients was discretionary and did not create a property interest subject to the Fifth Amendment’s Due Process Clause. Finally, Judge Shea found that the Secretary’s policy did not “direct or prohibit” any kind of treatment in violation of 42 U.S.C. § 1395. 2013 U.S. Dist. LEXIS 135251.

The plaintiffs appealed Judge Shea’s decision with respect to their claims under the Medicare Act and Due Process Clause. Two years later, the Second Circuit affirmed in part and reversed in part. In an opinion issued January 22, 2015, Judge José A. Cabranes upheld the district court’s dismissal of the plaintiffs’ claims under the Medicare Act. But Judge Cabranes found that the district court should not have accepted the Secretary’s claim that a hospital’s decision to formally admit a patient is a discretionary “complex medical judgment.” Instead, Judge Cabranes held that the plaintiffs alleged a property interest protected by the Due Process Clause sufficiently strong to withstand a motion to dismiss. 777 F.3d 106.

Little was accomplished during the remainder of 2015. On October 13, Judge Shea denied the parties’ joint motion to amend the scheduling order, citing “the Second Circuit’s apparent expectation that this case be handled expeditiously.”

The Secretary moved for summary judgment and to dismiss on June 16, 2016, arguing that Medicare beneficiaries do not have a property interest in inpatient status because physicians make initial determinations of inpatient status based on their professional medical judgement. The plaintiffs moved for summary judgment on July 29, arguing that Medicare beneficiaries have a property interest in inpatient status because final determinations of inpatient status rely on objective criteria.

In a February 8, 2017 order, Judge Shea denied both summary judgment motions. Judge Shea found that ascertaining whether the Secretary’s policies “meaningfully channel[]” doctors towards particular inpatient/outpatient classifications depended on the resolution of disputed issues of fact ill-suited to summary judgment. However, Judge Shea granted defendant’s motion to dismiss in part. He found that regulations promulgated since the lawsuit was filed (42 U.S.C. § 1395cc(a)(1)(Y)) that require patients to be informed of their outpatient status deprived plaintiffs of standing to challenge the Secretary’s notice procedures and rendered plaintiff’s lack of notice claims moot. 2017 U.S. Dist. LEXIS 17671.

The plaintiffs filed another motion for class certification on March 3, 2017, and the Secretary timely answered the original complaint on March 15, six years after it was filed.

On July 31, 2017, Judge Shea certified a class of Medicare beneficiaries who, on or after January 1, 2009:

Have received or will receive “observation services” as an outpatient during a hospitalization;
Have received or will receive an initial determination that the observation services are covered by Medicare Part B; and
Did not pursue an administrative appeal and receive a final decision before September 4, 2011.

Judge Shea included the requirement that class members receive an “initial determination” to ensure that plaintiffs have taken action to request benefits so that the court would have jurisdiction. The third requirement eliminated potential statute of limitations problems. 275 F. Supp. 3d 313. On October 16, Judge Shea amended the class definition by inserting “or Medicare Outpatient Observation Notice (MOON)” after “initial determination.”

After the court granted class certification, the case became mired in discovery disputes. The Secretary filed a second motion for summary judgment on July 30, 2018 and moved to decertify the class on August 24. On November 8, Judge Shea suggested that the trial could be bifurcated, where the first phase would focus on the existence of a property interest and the second phase would consider the remaining elements of the plaintiffs’ due process claim. After a brief delay in early 2019 due to the government shutdown, the Secretary filed a new motion to dismiss for lack of subject matter jurisdiction on January 30.

In a March 27, 2019 order, Judge Shea denied defendant’s motions for summary judgment, for class decertification, and to dismiss. First, Judge Shea determined that a trial would be necessary to “strike the balance” of the Mathews factors required to evaluate plaintiffs’ due process claim. Next, he declined the Secretary’s invitation to decertify the class. The Secretary had argued that not all class members were injured by placement on observation status. But Judge Shea determined that decertification risked prejudice to existing class members. Instead, Judge Shea narrowed the class to include only a subset of Medicare beneficiaries who would suffer financial losses due to observation status. The new class included only those who were not enrolled in Part B coverage when hospitalized or stayed at a hospital for three or more consecutive days without being designated as inpatients. Finally, Judge Shea rejected defendants’ motion to dismiss based on lack of redressability. He found that the Secretary exercised sufficient control over patient classification policies to allow the suit to proceed. The order also expressed frustration over the case’s slow progression. Judge Shea noted that the litigation had outlived every plaintiff named in the original complaint and resolved not to delay the trial again. 2019 U.S. Dist. LEXIS 51476. See also 2019 WL 2358960 (denying reconsideration).

The bench trial occurred in August 2019. On March 24, 2020, Judge Shea found that some class members, specifically, those who were initially admitted as inpatients by a physician but whose status during their stay was changed to observation, had successfully demonstrated that the Secretary violated their due process rights; however, Judge Shea found that the remaining class members—those whose physicians initially placed them on observation status and who were never admitted as inpatients—have failed to prove their due process claims, because the physicians’ decisions generally did not constitute state action.

Judge Shea thus ordered the Secretary to:

permit all members of the modified class to appeal the denial of their Part A coverage;
to permit appeals through an expedited appeal process for class members who stayed, or will have stayed, at the hospital for three or more consecutive days, but who were designated as inpatients for fewer than three days;
to provide a meaningful opportunity to appeal the denial Part A coverage as well as effective notice of the right to appeal for class members whose due process rights were violated, or will have been violated, the Secretary was ; and
to furnish greater procedural protections for class members than had previously been provided, including drafting new regulatory guidance and providing training.

(613 F.Supp.3d 559)

The government appealed the above decision to the U.S. Court of Appeals for the Second Circuit on May 22, 2020. After a series of conferences and joint status reports, the government filed a subsequent motion to stay proceedings during appeal on January 11, 2021. In July, the Second Circuit granted a temporary stay, pending its judgment on the motion for a stay.

This case is ongoing.

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Summary Authors

Timothy Leake (6/5/2019)

John Duffield (8/9/2021)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5229798/parties/bagnall-v-sebelius/

Judge(s)

Cabranes, José Alberto (Connecticut)

Shea, Michael Peter (Connecticut)

Walker, John Mercer Jr. (New York)

Winter, Ralph K. Jr. (Connecticut)

Attorneys(s) for Plaintiff

Bailey, Regan (Washington)

Berger, David J. (California)

Bers, Alice (Connecticut)

Berthelot, Mary T (Connecticut)

Brehnan, Alexander Kenneth (California)

Carlson, Eric (California)

Judge(s)

Cabranes, José Alberto (Connecticut)

Shea, Michael Peter (Connecticut)

Walker, John Mercer Jr. (New York)

Winter, Ralph K. Jr. (Connecticut)

Attorneys(s) for Plaintiff

Bailey, Regan (Washington)

Berger, David J. (California)

Bers, Alice (Connecticut)

Berthelot, Mary T (Connecticut)

Brehnan, Alexander Kenneth (California)

Carlson, Eric (California)

Costin, Whitney (New York)

Deford, Gill (Connecticut)

Edelman, Toby (District of Columbia)

Edwards, Lindsey (District of Columbia)

Guggenheim, Steven D. (California)

Kwok, Wey-Wey (Vermont)

Liss, Luke A (California)

Mollick, Jason B (New York)

Prindiville, Kevin Edward (California)

Rich, Anna Margaret (California)

Savage, Dylan G (California)

Stein, Judith A. (Connecticut)

Wong, Carol A (District of Columbia)

Attorneys(s) for Defendant

Bitran, Eva Lucia (California)

Coyle, Garrett Joseph (District of Columbia)

Gostin, Kieran Gavin (District of Columbia)

Hauser, Kelley (Massachusetts)

Ikari, Carolyn A. (Connecticut)

Kneedler, Jennie L. (District of Columbia)

Lee, Jason (District of Columbia)

McElvain, Joel (District of Columbia)

Sandberg, Justin Michael (District of Columbia)

Schwartz, James J. (District of Columbia)

Tulis, Elizabeth (New York)

Other Attorney(s)

Honecker, Rodman E (New Jersey)

Lobenfeld, Eric J (New York)

Zeitlin, Andrew M (Connecticut)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
3:11-cv-01703	Docket [PACER]	Aug. 9, 2021	Aug. 9, 2021 Docket
1 3:11-cv-01703	Complaint for Declaratory, Injunctive, and Mandamus Relief	Nov. 3, 2011	Nov. 3, 2011 Complaint
106 3:11-cv-01703	Memorandum of Decision	Sept. 23, 2013	Sept. 23, 2013 Order/Opinion
118-1 13-04179	[Untitled] Barrows v. Burwell U. S. Court of Appeals for the Second Circuit	Jan. 22, 2015	Jan. 22, 2015 Order/Opinion
123 3:11-cv-01703	Complaint in Intervention Barrows v. Burwell	May 11, 2015	May 11, 2015 Complaint
196 3:11-cv-01703	Memorandum of Decision Alexander v. Cochran	Feb. 8, 2017	Feb. 8, 2017 Order/Opinion
242 3:11-cv-01703	Ruling on Class Certification Alexander v. Price	July 31, 2017	July 31, 2017 Order/Opinion
378 3:11-cv-01703	Memorandum of Decision Alexander v. Azar	March 27, 2019	March 27, 2019 Order/Opinion
439 3:11-cv-01703	Memorandum of Decision Alexander v. Azar	March 24, 2020	March 24, 2020 Order/Opinion

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Resources

Title	Description		External URL Date / External URL
Suit Seeks to End Hospital “Observation Status” Center for Medicare Advocacy	A lawsuit was filed on November 3, 2011 by the Center for Medicare Advocacy, and co-counsel National Senior Citizens Law Center, seeking to end the use of hospital "Observation Status" (Bagnall v. Se…		https://www.medicareadvocacy.org/...
Alexander v. Azar - Litigation		March 24, 2020	March 24, 2020 https://oldsite.justiceinaging.org/...

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/5229798/bagnall-v-sebelius/

Last updated June 1, 2023, 3:17 a.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT against Kathleen Sebelius ( Filing fee $350 receipt number 0205-2292934.), filed by Shirley Burton, Lee Barrows, Denise Rugman, Michael Savage, Richard Bagnall, George Renshaw, Sarah Mulcahy. (Attachments: # 1 Civil Cover Sheet)(Deford, Gill) (Entered: 11/03/2011) 1 Civil Cover Sheet View on PACER	Nov. 3, 2011	Nov. 3, 2011 PACER
2	MOTION to Certify Class and to Appoint Class Counsel by Richard Bagnall, Lee Barrows, Shirley Burton, Sarah Mulcahy, George Renshaw, Denise Rugman, Michael Savage.Responses due by 11/24/2011 (Attachments: # 1 Memorandum in Support)(Deford, Gill). Added MOTION to Appoint Counsel on 11/3/2011 (Torres, K.). (Entered: 11/03/2011) 1 Memorandum in Support View on PACER	Nov. 3, 2011	Nov. 3, 2011 PACER
3	ENTERED IN ERROR - ELECTRONIC FILING ORDER - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER. Signed by Judge Holly B. Fitzsimmons on 11/3/2011. (Fazekas, J.) Modified on 11/3/2011 (Oliver, T.). (Entered: 11/03/2011)	Nov. 3, 2011	Nov. 3, 2011 PACER
4	ENTERED IN ERROR - NOTICE TO COUNSEL: Counsel initiating or removing this action is responsible for serving all parties with attached documents and copies of 3 Electronic Filing Order, 1 Complaint, filed by Shirley Burton, Michael Savage, Richard Bagnall, Denise Rugman, Lee Barrows, Sarah Mulcahy, George Renshaw, 2 MOTION to Certify Class and to Appoint Class Counsel MOTION to Appoint Counsel filed by Shirley Burton, Michael Savage, Richard Bagnall, Denise Rugman, Lee Barrows, Sarah Mulcahy, George Renshaw. Signed by Clerk on 11/3/2011. (Fazekas, J.) Modified on 11/3/2011 (Oliver, T.). (Entered: 11/03/2011)	Nov. 3, 2011	Nov. 3, 2011 PACER
5	ENTERED IN ERROR - ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to Kathleen Sebelius with answer to complaint due within 60 days. Attorney Gill W. Deford Center For Medicare Advocacy, Inc. PO Box 350 Willimantic, CT 06226. (Fazekas, J.) Modified on 11/3/2011 (Oliver, T.). (Entered: 11/03/2011)	Nov. 3, 2011	Nov. 3, 2011 PACER
6	Order on Pretrial Deadlines: Motions to Dismiss due on 2/3/2012. Amended Pleadings due by 1/2/2012 Discovery due by 5/4/2012 Dispositive Motions due by 6/3/2012. Signed by Clerk on 11/3/2011. (Oliver, T.) (Entered: 11/03/2011)	Nov. 3, 2011	Nov. 3, 2011 PACER
7	ELECTRONIC FILING ORDER - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER. Signed by Judge Alvin W. Thompson on 11/3/2011. (Oliver, T.) (Entered: 11/03/2011)	Nov. 3, 2011	Nov. 3, 2011 PACER
8	NOTICE TO COUNSEL: Counsel initiating or removing this action is responsible for serving all parties with attached documents and copies of 6 Order on Pretrial Deadlines, 1 Complaint, filed by Shirley Burton, Michael Savage, Richard Bagnall, Denise Rugman, Lee Barrows, Sarah Mulcahy, George Renshaw, 2 MOTION to Certify Class and to Appoint Class Counsel MOTION to Appoint Counsel filed by Shirley Burton, Michael Savage, Richard Bagnall, Denise Rugman, Lee Barrows, Sarah Mulcahy, George Renshaw, 7 Electronic Filing Order. Signed by Clerk on 11/3/2011. (Oliver, T.) (Entered: 11/03/2011)	Nov. 3, 2011	Nov. 3, 2011 PACER
9	ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to Kathleen Sebelius with answer to complaint due within 60 days. Attorney Gill W. Deford Center For Medicare Advocacy, Inc. PO Box 350 Willimantic, CT 06226. (Oliver, T.) (Entered: 11/03/2011)	Nov. 3, 2011	Nov. 3, 2011 PACER
	Case Reassigned to Judge Alvin W. Thompson. (Case assigned to the Magistrate in error) (Oliver, T.)	Nov. 3, 2011	Nov. 3, 2011 PACER
	Docket Entry Correction re 3 Electronic Filing Order, 4 Electronic Service Documents,, 5 Electronic Summons Issued MODIFIED TO NOTE ENTRIES HAVE BEEN ENTERED IN ERROR (Oliver, T.)	Nov. 3, 2011	Nov. 3, 2011 PACER
	Judge Holly B. Fitzsimmons added. (Oliver, T.)	Nov. 3, 2011	Nov. 3, 2011 PACER
	Request for Clerk to issue summons as to Kathleen Sebelius. (Deford, Gill)	Nov. 3, 2011	Nov. 3, 2011 PACER
10	SUMMONS Returned Executed by Shirley Burton, Lee Barrows, Denise Rugman, Michael Savage, Richard Bagnall, George Renshaw, Sarah Mulcahy. Kathleen Sebelius served on 11/8/2011, answer due 1/7/2012. (Attachments: # 1 US Attorney mail receipt, # 2 Attorney General mail receipt, # 3 Health and Human Services mail receipt)(Deford, Gill) (Entered: 11/15/2011)	Nov. 15, 2011	Nov. 15, 2011 PACER
11	NOTICE of Appearance by Carolyn Aiko Ikari on behalf of Kathleen Sebelius as local counsel (Ikari, Carolyn) (Entered: 11/21/2011)	Nov. 21, 2011	Nov. 21, 2011 PACER
12	MOTION for Extension of Time to File Response/Reply as to 2 MOTION to Certify Class and to Appoint Class Counsel MOTION to Appoint Counsel until 21 days after ruling on m/dismiss by Kathleen Sebelius. (Ikari, Carolyn) (Entered: 11/21/2011)	Nov. 21, 2011	Nov. 21, 2011 PACER
13	Memorandum in Opposition re 12 MOTION for Extension of Time to File Response/Reply as to 2 MOTION to Certify Class and to Appoint Class Counsel MOTION to Appoint Counsel until 21 days after ruling on m/dismiss filed by Richard Bagnall, Lee Barrows, Shirley Burton, Sarah Mulcahy, George Renshaw, Denise Rugman, Michael Savage. (Deford, Gill) (Entered: 11/22/2011)	Nov. 22, 2011	Nov. 22, 2011 PACER
14	NOTICE of Appearance by Alice Bers on behalf of Richard Bagnall, Lee Barrows, Shirley Burton, Sarah Mulcahy, George Renshaw, Denise Rugman, Michael Savage (Bers, Alice) (Entered: 11/29/2011)	Nov. 29, 2011	Nov. 29, 2011 PACER
15	NOTICE of Appearance by Mary T. Berthelot on behalf of Richard Bagnall, Lee Barrows, Shirley Burton, Sarah Mulcahy, George Renshaw, Denise Rugman, Michael Savage (Berthelot, Mary) (Entered: 11/29/2011)	Nov. 29, 2011	Nov. 29, 2011 PACER
16	NOTICE of Appearance by Judith A. Stein on behalf of Richard Bagnall, Lee Barrows, Shirley Burton, Sarah Mulcahy, George Renshaw, Denise Rugman, Michael Savage (Stein, Judith) (Entered: 11/29/2011)	Nov. 29, 2011	Nov. 29, 2011 PACER
17	NOTICE of Appearance by Justin M. Sandberg on behalf of Kathleen Sebelius (Sandberg, Justin) (Entered: 12/07/2011)	Dec. 7, 2011	Dec. 7, 2011 PACER
18	MOTION for Attorney(s) Toby S. Edelman, Eric Carlson, Kevin Prindiville, Anna Rich to be Admitted Pro Hac Vice (paid $100 PHV fee; receipt number 0205-2342819) by Richard Bagnall, Lee Barrows, Shirley Burton, Sarah Mulcahy, George Renshaw, Denise Rugman, Michael Savage. (Attachments: # 1 Affidavit, # 2 Certificate of Good Standing, # 3 Affidavit, # 4 Certificate of Good Standing, # 5 Affidavit, # 6 Certificate of Good Standing, # 7 Affidavit, # 8 Certificate of Good Standing)(Deford, Gill) (Entered: 12/20/2011) 1 Affidavit View on PACER 2 Certificate of Good Standing View on PACER 3 Affidavit View on PACER 4 Certificate of Good Standing View on PACER 5 Affidavit View on PACER 6 Certificate of Good Standing View on PACER 7 Affidavit View on PACER 8 Certificate of Good Standing View on PACER	Dec. 20, 2011	Dec. 20, 2011 PACER
19	ORDER granting 18 Motion to Appear Pro Hac Vice for Attorneys Toby S. Edelman, Eric Carlson, Kevin Prindiville and Anna Rich for Richard Bagnall, Lee Barrows, Shirley Burton, Sarah Mulcahy, George Renshaw, Denise Rugman and Michael Savage. Signed by Clerk on 12/30/11. (Ferguson, L.) (Entered: 12/30/2011)	Dec. 30, 2011	Dec. 30, 2011 PACER
20	Joint MOTION for Extension of Time until January 10, 2012 Report of Rule 26(f) Planning Meeting by Richard Bagnall, Lee Barrows, Shirley Burton, Sarah Mulcahy, George Renshaw, Denise Rugman, Michael Savage, Kathleen Sebelius. (Bers, Alice) (Entered: 01/03/2012)	Jan. 3, 2012	Jan. 3, 2012 PACER
21	ORDER: Joint Motion for Extension of Time to File Report of Rule 26(f) Planning Meeting 20 is hereby GRANTED to January 10, 2012. It is so ordered. Signed by Judge Alvin W. Thompson on 01/05/12. (Atmeh, S) Modified on 1/6/2012 to add docket entry number (Smith, S.). (Entered: 01/05/2012)	Jan. 5, 2012	Jan. 5, 2012 PACER
	Set Deadline: Rule 26 Meeting Report due by 1/10/2012 (Smith, S.)	Jan. 5, 2012	Jan. 5, 2012 PACER
22	NOTICE by Richard Bagnall, Lee Barrows, Shirley Burton, Sarah Mulcahy, George Renshaw, Denise Rugman, Michael Savage of Administrative Decisions (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit)(Bers, Alice) (Entered: 01/06/2012) 1 Exhibit View on PACER 2 Exhibit View on PACER 3 Exhibit View on PACER 4 Exhibit View on PACER	Jan. 6, 2012	Jan. 6, 2012 PACER
23	MOTION to Dismiss For Lack of Jurisdiction and Failure to State a Claim by Kathleen Sebelius.Responses due by 1/30/2012 (Sandberg, Justin) (Entered: 01/09/2012)	Jan. 9, 2012	Jan. 9, 2012 PACER
24	Memorandum in Support re 23 MOTION to Dismiss For Lack of Jurisdiction and Failure to State a Claim filed by Kathleen Sebelius. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Sandberg, Justin) (Entered: 01/09/2012) 1 Exhibit View on PACER 2 Exhibit View on PACER 3 Exhibit View on PACER	Jan. 9, 2012	Jan. 9, 2012 RECAP
25	REPORT of Rule 26(f) Planning Meeting. (Bers, Alice) (Entered: 01/10/2012)	Jan. 10, 2012	Jan. 10, 2012 PACER
26	NOTICE by Richard Bagnall, Lee Barrows, Shirley Burton, Sarah Mulcahy, George Renshaw, Denise Rugman, Michael Savage of Defendant's Failure to File a Response to Plaintiffs' Motion for Class Certification and to Appoint Class Counsel (Deford, Gill) (Entered: 01/11/2012)	Jan. 11, 2012	Jan. 11, 2012 PACER
27	ORDER: The Rule 26(f) Report of the Parties' Planning Meeting (Doc. No. 25 ) is hereby APPROVED. Discovery shall be completed by September 21, 2012. Dispositive motions shall be filed by January 23, 2013. All other dates requested in this report are also approved. A trial memorandum order will be issued once the dispositive motions deadline has been passed. REMINDER: please refer to the electronic filing order in civil cases re: the requirements for submission of chambers copies. It is so ordered. Signed by Judge Alvin W. Thompson on 01/11/12. (Atmeh, S) Modified on 1/13/2012 to correct dispositive motions due date (Smith, S.). (Entered: 01/11/2012)	Jan. 11, 2012	Jan. 11, 2012 PACER
	Set Deadlines: Discovery due by 9/21/2012. Dispositive Motions due by 1/23/2013. (Smith, S.)	Jan. 11, 2012	Jan. 11, 2012 PACER
28	Consent MOTION for Extension of Time to File Response/Reply as to 23 MOTION to Dismiss For Lack of Jurisdiction and Failure to State a Claim until 02/21/2012 by Richard Bagnall, Lee Barrows, Shirley Burton, Sarah Mulcahy, George Renshaw, Denise Rugman, Michael Savage. (Bers, Alice) (Entered: 01/18/2012)	Jan. 18, 2012	Jan. 18, 2012 PACER
29	ORDER: Motion for Extension of Time to File Response/Reply (Doc. No. 28 ) is hereby GRANTED to February 21, 2012. It is so ordered. Signed by Judge Alvin W. Thompson on 01/20/12. (Atmeh, S) (Entered: 01/20/2012)	Jan. 20, 2012	Jan. 20, 2012 PACER
	Reset Deadline as to 23 MOTION to Dismiss For Lack of Jurisdiction and Failure to State a Claim. Response due by 2/21/2012. (Smith, S.)	Jan. 20, 2012	Jan. 20, 2012 PACER
30	NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE. TELEPHONIC Status Conference set for 1/31/2012 11:00 AM in South Courtroom, 450 Main St., Hartford, CT before Judge Alvin W. Thompson. Plaintiff's counsel shall initiate the call to chambers at 860-240-3224 with all parties on the line. (Atmeh, S) (Entered: 01/23/2012)	Jan. 23, 2012	Jan. 23, 2012 PACER
31	NOTICE by Richard Bagnall, Lee Barrows, Shirley Burton, Sarah Mulcahy, George Renshaw, Denise Rugman, Michael Savage of Administrative Decision (Attachments: # 1 Exhibit)(Bers, Alice) (Entered: 01/24/2012) 1 Exhibit View on PACER	Jan. 24, 2012	Jan. 24, 2012 PACER
32	Minute Entry for proceedings held before Judge Alvin W. Thompson: Status Conference held on 1/31/2012. Duration: 15 minutes. The Motion for Extension of Time (Doc. No. 12 ) is granted to March 15, 2012. The parties shall have a status conference with Parajudicial Officer Jim Hawkins. (Court Reporter C. Thompson.) (Atmeh, S) (Entered: 01/31/2012)	Jan. 31, 2012	Jan. 31, 2012 PACER
33	ORDER: Motion for Extension of Time to File Response/Reply (Doc. No. 12 ) is hereby GRANTED to March 15, 2012. It is so ordered. Signed by Judge Alvin W. Thompson on 01/31/12. (Atmeh, S) (Entered: 01/31/2012)	Jan. 31, 2012	Jan. 31, 2012 PACER
	Reset Deadlines as to 2 MOTION to Certify Class and to Appoint Class Counsel MOTION to Appoint Counsel. Responses due by 3/15/2012. (Smith, S.)	Jan. 31, 2012	Jan. 31, 2012 PACER
34	Consent MOTION for Leave to File Excess Pages by Richard Bagnall, Lee Barrows, Shirley Burton, Sarah Mulcahy, George Renshaw, Denise Rugman, Michael Savage. (Bers, Alice) (Entered: 02/03/2012)	Feb. 3, 2012	Feb. 3, 2012 PACER
35	MOTION to Stay Discovery Pending Resolution of Motion to Dismiss by Kathleen Sebelius.Responses due by 2/27/2012 (Sandberg, Justin) (Entered: 02/06/2012)	Feb. 6, 2012	Feb. 6, 2012 PACER
36	Memorandum in Support re 35 MOTION to Stay Discovery Pending Resolution of Motion to Dismiss filed by Kathleen Sebelius. (Attachments: # 1 Exhibit)(Sandberg, Justin) (Entered: 02/06/2012) 1 Exhibit View on PACER	Feb. 6, 2012	Feb. 6, 2012 PACER
37	ORDER: The Consent Motion for Leave to File Memorandum in Excess of Page Limit 34 is hereby GRANTED, absent objection. It is so ordered. Signed by Judge Alvin W. Thompson on 02/07/12. (Atmeh, S) (Entered: 02/07/2012)	Feb. 7, 2012	Feb. 7, 2012 PACER
38	NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL WILL RECEIVE. ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. Status Conference set for 2/14/2012 at 10:00 AM, 450 Main Street, Hartford, CT before James R. Hawkins II, ParaJudicial Officer. Counsel should report to the South Chambers, Suite 240, for room assignment. (Smith, S.) (Entered: 02/08/2012)	Feb. 8, 2012	Feb. 8, 2012 PACER
39	Memorandum in Opposition to Defendant's Motion to Dismiss re 23 MOTION to Dismiss For Lack of Jurisdiction and Failure to State a Claim filed by Richard Bagnall, Lee Barrows, Shirley Burton, Sarah Mulcahy, George Renshaw, Denise Rugman, Michael Savage. (Deford, Gill) (Entered: 02/21/2012)	Feb. 21, 2012	Feb. 21, 2012 RECAP
40	Memorandum in Opposition to Defendant's Motion to Stay Discovery Pending Resolution of Motion to Dismiss re 35 MOTION to Stay Discovery Pending Resolution of Motion to Dismiss filed by Richard Bagnall, Lee Barrows, Shirley Burton, Sarah Mulcahy, George Renshaw, Denise Rugman, Michael Savage. (Deford, Gill) (Entered: 02/22/2012)	Feb. 22, 2012	Feb. 22, 2012 PACER
41	Consent MOTION for Extension of Time to File Response/Reply as to 23 MOTION to Dismiss For Lack of Jurisdiction and Failure to State a Claim, 35 MOTION to Stay Discovery Pending Resolution of Motion to Dismiss until March 13 and March 14, 2012 by Kathleen Sebelius. (Ikari, Carolyn) (Entered: 02/25/2012)	Feb. 25, 2012	Feb. 25, 2012 PACER
42	ORDER: The Consent Motion for Extension of Time to File Reply Memoranda in Support of Motions to Dismiss and to Stay Discovery (Doc. No. 41 ) is hereby GRANTED, absent objection. Defendant shall file reply memorandum in support of Motion to Dismiss by March 13, 2012, and reply memorandum in support of of her Motion to Stay Discovery by March 14, 2012. It is so ordered. Signed by Judge Alvin W. Thompson on 02/28/12. (Atmeh, S) (Entered: 02/28/2012)	Feb. 28, 2012	Feb. 28, 2012 PACER
	Reset Deadline as to 35 MOTION to Stay Discovery Pending Resolution of Motion to Dismiss. Reply Memoranda in support of motion to stay discovery due by 3/14/2012. (Smith, S.)	Feb. 28, 2012	Feb. 28, 2012 PACER
	Reset Deadline as to 23 MOTION to Dismiss For Lack of Jurisdiction and Failure to State a Claim. Reply Memoranda in support of motion to dismiss due by 3/13/2012. (Smith, S.)	Feb. 28, 2012	Feb. 28, 2012 PACER
43	Consent MOTION for Extension of Time to File Response/Reply as to 2 MOTION to Certify Class and to Appoint Class Counsel MOTION to Appoint Counsel until March 22, 2012 by Kathleen Sebelius. (Sandberg, Justin) (Entered: 03/06/2012)	March 6, 2012	March 6, 2012 PACER
44	ORDER: Motion for Extension of Time (Doc. No. 43 ) is hereby GRANTED, to March 22, 2012. It is so ordered. Signed by Judge Alvin W. Thompson on 03/08/12. (Atmeh, S) (Entered: 03/08/2012)	March 8, 2012	March 8, 2012 PACER
	Reset Deadline as to 2 MOTION to Certify Class and to Appoint Class Counsel MOTION to Appoint Counsel. Response due by 3/22/2012. (Smith, S.)	March 8, 2012	March 8, 2012 PACER
45	MOTION for Leave to File Excess Pages with respect to Reply in Support of Motion to Dismiss by Kathleen Sebelius. (Sandberg, Justin) (Entered: 03/09/2012)	March 9, 2012	March 9, 2012 PACER
46	REPLY to Response to 45 MOTION for Leave to File Excess Pages with respect to Reply in Support of Motion to Dismiss to Motion for Leave to File Excess Pages filed by Richard Bagnall, Lee Barrows, Shirley Burton, Sarah Mulcahy, George Renshaw, Denise Rugman, Michael Savage. (Deford, Gill) (Entered: 03/12/2012)	March 12, 2012	March 12, 2012 PACER
47	ORDER: The Motion for Leave to File Excess Pages (Doc. No. 45 ) is hereby GRANTED. It is so ordered. Signed by Judge Alvin W. Thompson on 03/13/12. (Atmeh, S) (Entered: 03/13/2012)	March 13, 2012	March 13, 2012 PACER
48	REPLY to Response to 23 MOTION to Dismiss For Lack of Jurisdiction and Failure to State a Claim filed by Kathleen Sebelius. (Attachments: # 1 Exhibit, # 2 Exhibit)(Sandberg, Justin) (Entered: 03/13/2012) 1 Exhibit View on PACER 2 Exhibit View on PACER	March 13, 2012	March 13, 2012 PACER
49	REPLY to Response to 35 MOTION to Stay Discovery Pending Resolution of Motion to Dismiss filed by Kathleen Sebelius. (Sandberg, Justin) (Entered: 03/14/2012)	March 14, 2012	March 14, 2012 PACER
50	Consent MOTION to Intervene, Consent MOTION to Amend/Correct 33 Order on Motion for Extension of Time to File Response/Reply to Motion to Certify Class and to Appoint Class Counsel by Louis Dziadzia, Bernice Morse, Loretta Jackson, Frederick Ruschmann, Martha LeYanna, Irma Becker, Charles Holt.Responses due by 4/11/2012 (Attachments: # 1 Exhibit Proposed Complaint in Intervention, # 2 Text of Proposed Order)(Bers, Alice) (Entered: 03/21/2012) 1 Exhibit Proposed Complaint in Intervention View on PACER 2 Text of Proposed Order View on PACER	March 21, 2012	March 21, 2012 PACER
51	MOTION to Certify Class (Responses due by 4/20/2012, ), MOTION to Appoint Counsel for the class by Irma Becker, Louis Dziadzia, Charles Holt, Loretta Jackson, Martha LeYanna, Bernice Morse, Frederick Ruschmann. (Attachments: # 1 Memorandum in Support)(Bers, Alice) (Entered: 03/30/2012) 1 Memorandum in Support View on PACER	March 30, 2012	March 30, 2012 PACER
52	ORDER: The applicants Motion to Intervene and Amend (Doc. No. 50 ) is hereby GRANTED nunc pro tunc to March 30, 2012. Signed by Judge Alvin W. Thompson on 03/05/12. (Atmeh, S) (Entered: 04/05/2012)	April 5, 2012	April 5, 2012 PACER
53	Intervenor COMPLAINT, filed by Louis Dziadzia, Frederick Ruschmann, Bernice Morse, Loretta Jackson, Martha LeYanna, Irma Becker, Charles Holt.(Deford, Gill) (Entered: 04/09/2012)	April 9, 2012	April 9, 2012 PACER
54	Memorandum in Opposition re 51 MOTION to Certify Class MOTION to Appoint Counsel for the class, 2 MOTION to Certify Class and to Appoint Class Counsel MOTION to Appoint Counsel filed by Kathleen Sebelius. (Sandberg, Justin) (Entered: 04/20/2012)	April 20, 2012	April 20, 2012 PACER
55	Consent MOTION for Leave to File Excess Pages for Reply Brief by Richard Bagnall, Lee Barrows, Irma Becker, Shirley Burton, Louis Dziadzia, Charles Holt, Loretta Jackson, Martha LeYanna, Bernice Morse, Sarah Mulcahy, George Renshaw, Denise Rugman, Frederick Ruschmann, Michael Savage. (Bers, Alice) (Entered: 04/26/2012)	April 26, 2012	April 26, 2012 PACER
56	NOTICE of Appearance by Eric J. Lobenfeld on behalf of The American Hospital Association (Lobenfeld, Eric) (Entered: 04/27/2012)	April 27, 2012	April 27, 2012 PACER
57	MOTION for Leave to File Brief Amicus Curiae in Support of Neither Party by The American Hospital Association. (Attachments: # 1 Exhibit American Hospital Association's Amicus Curiae Brief in Support of Neither Party, # 2 Exhibit A - Exhibit to Amicus Brief)(Lobenfeld, Eric) (Entered: 04/27/2012) 1 Exhibit American Hospital Association's Amicus Curiae Brief in Support of N View on PACER 2 Exhibit A - Exhibit to Amicus Brief View on PACER	April 27, 2012	April 27, 2012 PACER
58	ORDER: Motion for Leave to File Twenty-Five (25) Excess Pages (Doc. No. 55 ) is hereby GRANTED. It is so ordered. Signed by Judge Alvin W. Thompson on 04/27/12. (Atmeh, S) (Entered: 04/27/2012)	April 27, 2012	April 27, 2012 PACER
59	REPLY to Response to 51 MOTION to Certify Class MOTION to Appoint Counsel for the class, 2 MOTION to Certify Class and to Appoint Class Counsel MOTION to Appoint Counsel filed by Richard Bagnall, Lee Barrows, Irma Becker, Shirley Burton, Louis Dziadzia, Charles Holt, Loretta Jackson, Martha LeYanna, Bernice Morse, Sarah Mulcahy, George Renshaw, Denise Rugman, Frederick Ruschmann, Michael Savage. (Bers, Alice) (Entered: 05/04/2012)	May 4, 2012	May 4, 2012 PACER
60	Supplemental Memorandum in Support re 23 MOTION to Dismiss For Lack of Jurisdiction and Failure to State a Claim filed by Kathleen Sebelius. (Sandberg, Justin) (Entered: 05/14/2012)	May 14, 2012	May 14, 2012 PACER
61	RESPONSE re 60 Memorandum in Support of 23 Motion to Dismiss filed by Richard Bagnall, Lee Barrows, Irma Becker, Shirley Burton, Louis Dziadzia, Charles Holt, Loretta Jackson, Martha LeYanna, Bernice Morse, Sarah Mulcahy, George Renshaw, Denise Rugman, Frederick Ruschmann, Michael Savage. (Bers, Alice) Modified on 5/17/2012 to create link to Doc. No. 23 (Ferguson, L.). (Entered: 05/16/2012)	May 16, 2012	May 16, 2012 PACER
62	NOTICE by Richard Bagnall, Lee Barrows, Irma Becker, Shirley Burton, Louis Dziadzia, Charles Holt, Loretta Jackson, Martha LeYanna, Bernice Morse, Sarah Mulcahy, George Renshaw, Denise Rugman, Frederick Ruschmann, Michael Savage of Administrative Decision (Attachments: # 1 Exhibit Administrative Decision)(Bers, Alice) (Entered: 06/20/2012) 1 Exhibit Administrative Decision View on PACER	June 20, 2012	June 20, 2012 PACER
63	NOTICE of Appearance by Joel L. McElvain on behalf of Kathleen Sebelius (McElvain, Joel) (Entered: 07/19/2012)	July 19, 2012	July 19, 2012 PACER
64	MOTION Request for Judical Notice re 23 MOTION to Dismiss For Lack of Jurisdiction and Failure to State a Claim, 2 MOTION to Certify Class and to Appoint Class Counsel MOTION to Appoint Counsel by Richard Bagnall, Lee Barrows, Irma Becker, Shirley Burton, Louis Dziadzia, Charles Holt, Loretta Jackson, Martha LeYanna, Bernice Morse, Sarah Mulcahy, George Renshaw, Denise Rugman, Frederick Ruschmann, Michael Savage.Responses due by 8/9/2012 (Attachments: # 1 Exhibit Letter)(Bers, Alice) (Entered: 07/19/2012) 1 Exhibit Letter View on PACER	July 19, 2012	July 19, 2012 PACER
65	NOTICE by Richard Bagnall, Lee Barrows, Irma Becker, Shirley Burton, Louis Dziadzia, Charles Holt, Loretta Jackson, Martha LeYanna, Bernice Morse, Sarah Mulcahy, George Renshaw, Denise Rugman, Frederick Ruschmann, Michael Savage of Administrative Decisions (Attachments: # 1 Exhibit Administrative decision - Dziadzia, # 2 Exhibit Administrative decision - Renshaw, # 3 Exhibit Administrative decision - Morse)(Bers, Alice) (Entered: 08/15/2012) 1 Exhibit Administrative decision - Dziadzia View on PACER 2 Exhibit Administrative decision - Renshaw View on PACER 3 Exhibit Administrative decision - Morse View on PACER	Aug. 15, 2012	Aug. 15, 2012 PACER
66	NOTICE by Richard Bagnall, Lee Barrows, Irma Becker, Shirley Burton, Louis Dziadzia, Charles Holt, Loretta Jackson, Martha LeYanna, Bernice Morse, Sarah Mulcahy, George Renshaw, Denise Rugman, Frederick Ruschmann, Michael Savage of Administrative Decision (Attachments: # 1 Exhibit)(Bers, Alice) (Entered: 09/21/2012) 1 Exhibit View on PACER	Sept. 21, 2012	Sept. 21, 2012 PACER
67	The plaintiffs' Motion for Class Certification and Appointment of Class Counsel (Doc. No. 2 ) is hereby DENIED as moot in light of the Motion of Intervenor-Plaintiffs for Class Certification and Appointment of Class Counsel (Doc. No. 51 ). It is so ordered. Signed by Judge Alvin W. Thompson on 09/27/2012. (Trachtenberg, L) (Entered: 09/27/2012)	Sept. 27, 2012	Sept. 27, 2012 PACER
68	NOTICE by Richard Bagnall, Lee Barrows, Irma Becker, Shirley Burton, Louis Dziadzia, Charles Holt, Loretta Jackson, Martha LeYanna, Bernice Morse, Sarah Mulcahy, George Renshaw, Denise Rugman, Frederick Ruschmann, Michael Savage of Administrative Decisions (Attachments: # 1 Exhibit Savage, # 2 Exhibit Bagnall)(Bers, Alice) (Entered: 09/27/2012) 1 Exhibit Savage View on PACER 2 Exhibit Bagnall View on PACER	Sept. 27, 2012	Sept. 27, 2012 PACER
69	MOTION for Leave to File Supplemental Opposition to Defendant's Motion to Dismiss (Doc. #23) by Richard Bagnall, Lee Barrows, Irma Becker, Shirley Burton, Louis Dziadzia, Charles Holt, Loretta Jackson, Martha LeYanna, Bernice Morse, Sarah Mulcahy, George Renshaw, Denise Rugman, Frederick Ruschmann, Michael Savage. (Attachments: # 1 Exhibit Proposed Supplemental Opposition, # 2 Exhibit Exhibit 1 to Proposed Supplemental Opposition)(Bers, Alice) (Entered: 10/01/2012) 1 Exhibit Proposed Supplemental Opposition View on PACER 2 Exhibit Exhibit 1 to Proposed Supplemental Opposition View on PACER	Oct. 1, 2012	Oct. 1, 2012 PACER
70	NOTICE: The plaintiffs and intervenor-plaintiffs have filed a Motion for Leave to File Supplemental Opposition to Defendant's Motion to Dismiss (Doc. No. 69 ). The plaintiffs and intervenor-plaintiffs indicated that the defendant opposes the court granting leave. If the defendant has any arguments she wants considered with respect to the Motion for Leave to File Supplemental Opposition to Defendant's Motion to Dismiss, she should file her opposition by October 9, 2012. Signed by Judge Alvin W. Thompson on 10/03/2012. (Trachtenberg, L) (Entered: 10/03/2012)	Oct. 3, 2012	Oct. 3, 2012 PACER
	Reset Deadline as to 23 MOTION to Dismiss For Lack of Jurisdiction and Failure to State a Claim. Response due by 10/9/2012. (Smith, S.)	Oct. 3, 2012	Oct. 3, 2012 PACER
71	Consent MOTION for Extension of Time until October 12, 2012 Response to Motion for Leave to File Supplemental Opposition to Motion to Dismiss 70 Notice,,, MOTION for Extension of Time to File Response/Reply as to 69 MOTION for Leave to File Supplemental Opposition to Defendant's Motion to Dismiss (Doc. #23) MOTION for Leave to File Supplemental Opposition to Defendant's Motion to Dismiss (Doc. #23) until October 12, 2012 by Kathleen Sebelius. (McElvain, Joel) (Entered: 10/04/2012)	Oct. 4, 2012	Oct. 4, 2012 PACER
72	ORDER: The defendant's Unopposed Motion for an Extension of Time (Doc. No. 71 ) is hereby GRANTED, absent objection, to October 12, 2012. It is so ordered. Signed by Judge Alvin W. Thompson on 10/12/2012. (Trachtenberg, L) (Entered: 10/12/2012)	Oct. 12, 2012	Oct. 12, 2012 PACER
73	Memorandum in Opposition re 69 MOTION for Leave to File Supplemental Opposition to Defendant's Motion to Dismiss (Doc. #23) MOTION for Leave to File Supplemental Opposition to Defendant's Motion to Dismiss (Doc. #23) filed by Kathleen Sebelius. (McElvain, Joel) (Entered: 10/12/2012)	Oct. 12, 2012	Oct. 12, 2012 PACER
	Reset Deadline as to 23 MOTION to Dismiss For Lack of Jurisdiction and Failure to State a Claim. Response due by 10/12/2012. (Smith, S.)	Oct. 12, 2012	Oct. 12, 2012 PACER
74	ORDER: American Hospital Association's Motion for Leave to File Brief Amicus Curiae in Support of Neither Party (Doc. No. 57 ) is hereby GRANTED, absent objection. The American Hospital Association may file its proposed Brief of the American Hospital Association as Amicus Curiae in Support of Neither Party (Doc. No. 57 -1). It is so ordered. Signed by Judge Alvin W. Thompson on 11/09/2012. (Trachtenberg, L) (Entered: 11/09/2012)	Nov. 9, 2012	Nov. 9, 2012 PACER
75	ORDER: The Motion for Leave to File Supplemental Opposition to Defendant's Motion to Dismiss (Doc. No. 69 ) is hereby GRANTED over objection. The plaintiffs may file their Proposed Supplemental Memorandum in Opposition to Defendant's Motion to Dismiss (Doc. No. 69 -1). If the Defendant wishes to file a response to the supplemental memorandum, she may do so within 21 days of the date the plaintiffs file their supplemental opposition. It is so ordered. Signed by Judge Alvin W. Thompson on 11/09/2012. (Trachtenberg, L) (Entered: 11/09/2012)	Nov. 9, 2012	Nov. 9, 2012 PACER
76	Supplemental Memorandum in Opposition re 23 MOTION to Dismiss For Lack of Jurisdiction and Failure to State a Claim filed by Richard Bagnall, Lee Barrows, Irma Becker, Shirley Burton, Louis Dziadzia, Charles Holt, Loretta Jackson, Martha LeYanna, Bernice Morse, Sarah Mulcahy, George Renshaw, Denise Rugman, Frederick Ruschmann, Michael Savage. (Attachments: # 1 Exhibit)(Bers, Alice) (Entered: 11/13/2012) 1 Exhibit View on PACER	Nov. 13, 2012	Nov. 13, 2012 PACER
	Reset Deadline as to 23 MOTION to Dismiss For Lack of Jurisdiction and Failure to State a Claim. Plaintiff's Responses due by 12/4/2012. (Smith, S.)	Nov. 13, 2012	Nov. 13, 2012 PACER
77	RESPONSE re 74 Order on Motion for Leave to File, Brief Of The American Hospital Association As Amicus Curiae In Support Of Neither Party filed by The American Hospital Association. (Attachments: # 1 Exhibit A)(Lobenfeld, Eric) (Entered: 11/19/2012) 1 Exhibit A View on PACER	Nov. 19, 2012	Nov. 19, 2012 PACER
78	RESPONSE re 76 Memorandum in Opposition to Motion, Defendant's Memorandum in Response to Plaintiffs' Supplemental Brief and in Further Support of Motion to Dismiss filed by Kathleen Sebelius. (McElvain, Joel) (Entered: 12/04/2012)	Dec. 4, 2012	Dec. 4, 2012 PACER
79	ORDER OF TRANSFER. Case reassigned to Judge Michael P. Shea for all further proceedings. Signed by Clerk on 1/2/13. (Bauer, J.) (Entered: 01/02/2013)	Jan. 2, 2013	Jan. 2, 2013 PACER
80	SUGGESTION OF DEATH Upon the Record as to Plaintiff Dr. Richard Bagnall by Richard Bagnall, Lee Barrows, Irma Becker, Shirley Burton, Louis Dziadzia, Charles Holt, Loretta Jackson, Martha LeYanna, Bernice Morse, Sarah Mulcahy, George Renshaw, Denise Rugman, Frederick Ruschmann, Michael Savage. (Bers, Alice) (Entered: 01/10/2013)	Jan. 10, 2013	Jan. 10, 2013 PACER
81	MOTION to Substitute Party for Plaintiff Richard Bagnall by Richard Bagnall, Lee Barrows, Irma Becker, Shirley Burton, Louis Dziadzia, Charles Holt, Loretta Jackson, Martha LeYanna, Bernice Morse, Sarah Mulcahy, George Renshaw, Denise Rugman, Frederick Ruschmann, Michael Savage. (Bers, Alice) (Entered: 01/10/2013)	Jan. 10, 2013	Jan. 10, 2013 PACER
82	NOTICE of Hearing on Motion re: 35 MOTION to Stay Discovery Pending Resolution of Motion to Dismiss, 64 MOTION Request for Judical Notice re 23 MOTION to Dismiss For Lack of Jurisdiction and Failure to State a Claim, 2 MOTION to Certify Class and to Appoint Class Counsel MOTION to Appoint Counsel MOTION Request for Judical Notice re 23 MOTION to Dismiss For Lack of Jurisdiction and Failure to State a Claim, 2 MOTION to Certify Class and to Appoint Class Counsel MOTION to Appoint Counsel MOTION Request for Judical Notice re 23 MOTION to Dismiss For Lack of Jurisdiction and Failure to State a Claim, 2 MOTION to Certify Class and to Appoint Class Counsel MOTION to Appoint Counsel, 51 MOTION to Certify Class MOTION to Appoint Counsel for the class, 23 MOTION to Dismiss For Lack of Jurisdiction and Failure to State a Claim, 81 MOTION to Substitute Party for Plaintiff Richard Bagnall. ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. Motion Hearing set for 4/19/2013 10:00 AM in North Courtroom, 450 Main St., Hartford, CT before Judge Michael P. Shea. Signed by Judge Michael P. Shea on 1/30/13.(Johnson, D.) (Entered: 01/30/2013)	Jan. 30, 2013	Jan. 30, 2013 PACER
83	NOTICE by Richard Bagnall, Lee Barrows, Irma Becker, Shirley Burton, Louis Dziadzia, Charles Holt, Loretta Jackson, Martha LeYanna, Bernice Morse, Sarah Mulcahy, George Renshaw, Denise Rugman, Frederick Ruschmann, Michael Savage of Administrative Decisions (Attachments: # 1 Exhibit Bagnall admin decision, # 2 Exhibit Renshaw admin decision)(Bers, Alice) (Entered: 03/15/2013) 1 Exhibit Bagnall admin decision View on PACER 2 Exhibit Renshaw admin decision View on PACER	March 15, 2013	March 15, 2013 PACER
84	SUGGESTION OF DEATH Upon the Record of plaintiffs Frederick Ruschmann and Bernice Morse by Richard Bagnall, Lee Barrows, Irma Becker, Shirley Burton, Louis Dziadzia, Charles Holt, Loretta Jackson, Martha LeYanna, Bernice Morse, Sarah Mulcahy, George Renshaw, Denise Rugman, Frederick Ruschmann, Michael Savage. (Bers, Alice) (Entered: 04/11/2013)	April 11, 2013	April 11, 2013 PACER
85	RESCHEDULED NOTICE of Hearing on Motions re: 35 MOTION to Stay Discovery Pending Resolution of Motion to Dismiss, 64 MOTION Request for Judical Notice re 23 MOTION to Dismiss For Lack of Jurisdiction and Failure to State a Claim, 2 MOTION to Certify Class and to Appoint Class Counsel MOTION to Appoint Counsel, 51 MOTION to Certify Class MOTION to Appoint Counsel for the class, 23 MOTION to Dismiss For Lack of Jurisdiction and Failure to State a Claim, 81 MOTION to Substitute Party for Plaintiff Richard Bagnall. ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. Motion Hearing set for 5/3/2013 10:00 AM in North Courtroom, 450 Main St., Hartford, CT before Judge Michael P. Shea. Signed by Judge Michael P. Shea on 4/11/13.(Johnson, D.) (Entered: 04/11/2013)	April 11, 2013	April 11, 2013 PACER
86	ORDER. The Court GRANTS Plaintiffs' unopposed 81 Motion to Substitute for Plaintiff Richard Bagnall. Signed by Judge Michael P. Shea on 4/29/2013. (Lake, G.) (Entered: 04/29/2013)	April 29, 2013	April 29, 2013 PACER

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Case Details

State / Territory: Connecticut

Case Type(s):

Public Benefits/Government Services

Key Dates

Filing Date: Nov. 3, 2011

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Medicare beneficiaries who were denied benefits by hospitals who placed them on "observation status" under Department of Health and Human Services regulations after initially receiving inpatient status.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Secretary of Health and Human Services (Washington), Federal

Defendant Type(s):

Jurisdiction-wide

Hospital/Health Department

Case Details