Case: Bagnall v. Sebelius

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

Filed Date: Nov. 3, 2011

Case Ongoing

Clearinghouse coding complete

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…

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:

  1. Have received or will receive “observation services” as an outpatient during a hospitalization;
  2. Have received or will receive an initial determination that the observation services are covered by Medicare Part B; and
  3. 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.
(2020 WL 1430089)

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.

Summary Authors

Timothy Leake (6/5/2019)

John Duffield (8/9/2021)

People

For PACER's information on parties and their attrorneys, 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)

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

2013 WL 5346659, 2013 U.S.Dist.LEXIS 135251

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

777 F.3d 106

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

2017 WL 52294, 2017 U.S.Dist.LEXIS 17671

Feb. 8, 2017

Feb. 8, 2017

Order/Opinion
242

3:11-cv-01703

Ruling on Class Certification

Alexander v. Price

275 F.Supp.3d 313

July 31, 2017

July 31, 2017

Order/Opinion
378

3:11-cv-01703

Memorandum of Decision

Alexander v. Azar

370 F.Supp.3d 302

March 27, 2019

March 27, 2019

Order/Opinion
439

3:11-cv-01703

Memorandum of Decision

Alexander v. Azar

2020 WL 1430089

March 24, 2020

March 24, 2020

Order/Opinion

Resources

Docket

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

Last updated Aug. 5, 2022, 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

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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
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

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Nov. 3, 2011

Nov. 3, 2011

PACER

Judge Holly B. Fitzsimmons added. (Oliver, T.)

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

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

Case Reassigned to Judge Alvin W. Thompson. (Case assigned to the Magistrate in error) (Oliver, T.)

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
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

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2 Certificate of Good Standing

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3 Affidavit

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4 Certificate of Good Standing

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5 Affidavit

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6 Certificate of Good Standing

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7 Affidavit

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8 Certificate of Good Standing

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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

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2 Exhibit

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3 Exhibit

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4 Exhibit

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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

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2 Exhibit

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3 Exhibit

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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

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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

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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 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

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
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

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2 Exhibit

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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

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2 Text of Proposed Order

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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

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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

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2 Exhibit A - Exhibit to Amicus Brief

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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

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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

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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

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2 Exhibit Administrative decision - Renshaw

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3 Exhibit Administrative decision - Morse

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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

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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

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2 Exhibit Bagnall

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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

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2 Exhibit Exhibit 1 to Proposed Supplemental Opposition

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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

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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

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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

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2 Exhibit Renshaw admin decision

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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

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):

Hospital/Health Department

Jurisdiction-wide

Case Details

Causes of Action:

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Freedom of Information Act (FOIA), 5 U.S.C. § 552

Medicare, 42 U.S.C. 1395-1395lll (Title XVIII of the Social Security Act)

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Declaratory Judgment

Source of Relief:

Litigation

Order Duration: 2020 - 2021

Content of Injunction:

Implement complaint/dispute resolution process

Other requirements regarding hiring, promotion, retention

Preliminary relief granted

Training

Issues

General:

Classification / placement

Government Services

Payment for care

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

Benefit Source:

Medicare