Case: Washington v. U.S. Department of Health and Human Services

2:20-cv-01105 | U.S. District Court for the Western District of Washington

Filed Date: June 19, 2020

Closed Date: Sept. 9, 2020

Clearinghouse coding complete

Case Summary

This case concerns the legality of the United States Department of Health and Human Services’ (HHS) June 19th, 2020 implementation of a rule under Section 1557 of the Patient Protection and Affordable Care Act (commonly known as the Affordable Care Act or Obamacare), that (1) removed “sexual orientation, sex stereotyping, and gender identity” from the definition of sex discrimination, (2) included a religious exemption, and (3) redefined the scope of entities covered under the rule. On July 16…

This case concerns the legality of the United States Department of Health and Human Services’ (HHS) June 19th, 2020 implementation of a rule under Section 1557 of the Patient Protection and Affordable Care Act (commonly known as the Affordable Care Act or Obamacare), that (1) removed “sexual orientation, sex stereotyping, and gender identity” from the definition of sex discrimination, (2) included a religious exemption, and (3) redefined the scope of entities covered under the rule.

On July 16th, 2020 the state of Washington filed this lawsuit under the Administrative Procedure Act (5 U.S.C. § 706) against the HHS and its Secretary in the United States District Court for the Western District of Washington. Washington sought an injunction against, and vacatur of, the rule as well as declaratory relief. Washington alleged that the rule exceeded HHS’s statutory authority and was arbitrary and capricious. Additionally, Washington alleged that the rule violated the equal protection and substantive due process clauses of the Fifth Amendment of the U.S. Constitution.

After the Affordable Care Act was passed in 2010, the HHS in 2016 issued a rule under Section 1557 that included sexual orientation, sex stereotyping, and gender identity as part of its definition of sex discrimination and lacked a religious exemption. However, as a result of a lawsuit filed in August 2016, the U.S. District Court for the Northern District of Texas vacated that rule's definition of sex discrimination on October 15, 2019 (Franciscan Alliance, LLC v. Burwell). The HHS’ 2020 rule tracked the result of Franciscan Alliance. However, as Washington’s initial complaint pointed out, on June 15, 2020 the United States Supreme Court held in Bostock v. Clayton County that sex discrimination under Title VII included discrimination because of sexual orientation and gender identity.

Along with its complaint, Washington filed a motion for a preliminary injunction on the grounds that its claims were likely to succeed, the rule would “irreparably harm” the state and its residents, and that an injunction would promote fairness and serve the public interest. Several amicus briefs were filed in support of the injunction.

Before ruling on the preliminary injunction, on August 18, 2020, the HHS gave notice of the decision in Walker v. Azar against the HHS (E.D.N.Y. No. 20-cv-02834). The case was substantially similar to this case, and the Walker court had decided to grant a preliminary injunction against the HHS. Following the notice, the court in this case (Judge James L. Robart) ordered each party to show cause regarding the impact of Walker. Both parties did so.

On August 28th, the court issued an order denying Washington’s preliminary injunction. Judge Robart ruled that before considering the merits of Washington’s claim, he had to consider Washington’s standing. Washington claimed it had standing because the rule would cause: (1) “additional costs or other economic harms . . . resulting from an increase in discrimination against Washingtonians or decreased healthcare coverage for Washingtonians; and (2) increased administrative costs.”

Particularly in light of the protections afforded by Bostock, Judge Robart found that Washington lacked “sufficient evidence to show that the 2020 Rule’s decision not to define on the basis of sex will yield an increase in discrimination against LGBTQ individuals or a decrease in available healthcare or health insurance coverage for that population,” and therefore ruled that all of Washington’s arguments concerning potential direct harm were insufficient. Moreover, the “administrative costs” raised by Washington also failed to support standing as they would be “self-inflicted.” Judge Robart also found Washington lacked standing to challenge the rule’s religious exceptions for “many of the same reasons.” 2020 WL 5095467. He then ordered Washington to show cause in 10 days as to why the case should not be dismissed for lack of subject matter jurisdiction.

On September 8th, Washington gave notice of its voluntary dismissal of the case, and on September 9th, 2020 the case was closed.

Summary Authors

Madeline Buday (9/17/2020)

Related Cases

Whitman-Walker Health v. U.S. Department of Health and Human Services, District of Columbia (2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17357490/parties/state-of-washington-v-united-states-department-of-health-and-human/


Judge(s)

Robart, James L. (Washington)

Attorneys(s) for Plaintiff

Chien, Marsha (Washington)

Ferguson, Robert W. (Washington)

Luna, Neal Harold (Washington)

Sutherland, Brian J (Washington)

Attorneys(s) for Defendant

Holland, Liam (District of Columbia)

Lane, William Kerwin III (District of Columbia)

Other Attorney(s)

Active

Active

Active

Judge(s)

Robart, James L. (Washington)

Attorneys(s) for Plaintiff

Chien, Marsha (Washington)

Ferguson, Robert W. (Washington)

Luna, Neal Harold (Washington)

Sutherland, Brian J (Washington)

Attorneys(s) for Defendant

Holland, Liam (District of Columbia)

Lane, William Kerwin III (District of Columbia)

Other Attorney(s)

Aguilar, Esteban Angel Jr. (New Mexico)

Avila, Jeremy A (California)

Cohen, Cathren (California)

Condotti, Anthony P (California)

Coursolle, Abigail K. (California)

del Peral, Cesar (California)

Doseck, Barbara J. (Ohio)

Edwards, Elizabeth (California)

Escamilla, David A. (Texas)

Feuer, Michael Nelson (California)

Flessner, Mark A. (Illinois)

Flores, Hannah (California)

Fogleman, Adam B (Arkansas)

Forte, Christopher J (Connecticut)

Fosbre, William (Washington)

Franklin, Erica Ruth (Washington)

Hall, David (Washington)

Hamburger, Eleanor (Washington)

Hansen, Greta Suzanne (California)

Heath, Jason M (California)

Herman, G. [Nick] Nicholas (North Carolina)

Herrera, Dennis J. (California)

Hirsch, Rebecca (Illinois)

Holmes, Peter S. (Washington)

Jenkins, Michael (California)

Johnson, James E. (New York)

Kane, Stephen J. (Illinois)

Klein, Zachary M (Ohio)

Kuc, Gary W (Maryland)

Kuhn, Scott (California)

Letter, Douglas (District of Columbia)

Lewis, Ronald C. (Texas)

Lowney, Eric D (Knoll) (Washington)

McKeon, Katherine G (California)

Morgan, Anne L. (Texas)

Olson, Lyndsey M (Minnesota)

Parker, Barbara J (California)

Perkins, Jane (California)

Press, Douglas M (California)

Reeve, Tracy (Oregon)

Scheller, Jessica Megan (Illinois)

Schneiderman, Howard Phillip (Washington)

St. George, Rebecca (Minnesota)

Trice, Laura Susan (California)

Van Kirk, Lorraine Alofa (California)

Varon, Janet (Washington)

Wickham, Mary C. (California)

Williams, Terry J (Pennsylvania)

Williams [inactive], James Robyzad (California)

Wright, Francis X. Jr. (Massachusetts)

Zollinger, Stephen P (Idaho)

Documents in the Clearinghouse

Document

Docket

State of Washington v. United States Department of Health and Human Services

Sept. 9, 2020 Docket
1

Complaint for Declaratory and Injunctive Relief

State of Washington v. United States Department of Health and Human Services

July 16, 2020 Complaint
47

Amicus Curiae Brief by Local Government Amici in Support of Plaintiff's Motion for Preliminary Injunction

State of Washington v. United States Department of Health and Human Services

Aug. 7, 2020 Pleading / Motion / Brief
63

Brief of Amici National Health Law Program et al., in Support of Plaintiff's Motion for Preliminary Injunction

State of Washington v. United States Department of Health and Human Services

Aug. 14, 2020 Pleading / Motion / Brief
72

Order on Motion for Preliminary Injunction

State of Washington v. United States Department of Health and Human Services

482 F.Supp.3d 1104, 2020 WL 5095467

Aug. 28, 2020 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17357490/state-of-washington-v-united-states-department-of-health-and-human/

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT against All Defendants (Receipt # AWAWDC-6469413), filed by State of Washington. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons)(Luna, Neal) (Entered: 07/16/2020)

1 Civil Cover Sheet

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2 Summons

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3 Summons

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July 16, 2020 RECAP
2

NOTICE of Appearance by attorney Marsha J. Chien on behalf of Plaintiff State of Washington. (Chien, Marsha) (Entered: 07/16/2020)

July 16, 2020 PACER
3

NOTICE of Appearance by attorney Brian J Sutherland on behalf of Plaintiff State of Washington. (Sutherland, Brian) (Entered: 07/16/2020)

July 16, 2020 PACER
4

MOTION for Preliminary Injunction, filed by Plaintiff State of Washington. Oral Argument Requested. (Attachments: # 1 Proposed Order) Noting Date 8/7/2020, (Chien, Marsha) (Entered: 07/16/2020)

1 Proposed Order

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July 16, 2020 RECAP
5

INDEX LIST re 4 MOTION for Preliminary Injunction re 6 Declaration; 7 Declaration; 8 Declaration; 9 Declaration; 10 Declaration; 11 Declaration; 12 Declaration; 13 Declaration; 14 Declaration; 15 Declaration; 16 Declaration; 17 Declaration; 18 Declaration; 19 Declaration; 20 Declaration; 21 Declaration; 22 Declaration Declaration Index List by Plaintiff State of Washington (Chien, Marsha) Modified on 7/20/2020. Added links to declaration(s) and updated title to more accurately reflect the type of pleading filed. (ST) (Entered: 07/16/2020)

July 16, 2020 RECAP
6

DECLARATION of Karter Booher filed by Plaintiff State of Washington re 4 MOTION for Preliminary Injunction (Chien, Marsha) (Entered: 07/16/2020)

July 16, 2020 RECAP
7

DECLARATION of David Iseminger filed by Plaintiff State of Washington re 4 MOTION for Preliminary Injunction (Chien, Marsha) (Entered: 07/16/2020)

July 16, 2020 RECAP
8

DECLARATION of Brandon Knox filed by Plaintiff State of Washington re 4 MOTION for Preliminary Injunction (Chien, Marsha) (Entered: 07/16/2020)

July 16, 2020 RECAP
9

DECLARATION of Beth Krehbiel filed by Plaintiff State of Washington re 4 MOTION for Preliminary Injunction (Chien, Marsha) (Entered: 07/16/2020)

July 16, 2020 RECAP
10

DECLARATION of Myron Bradford Mike Kreidler filed by Plaintiff State of Washington re 4 MOTION for Preliminary Injunction (Chien, Marsha) (Entered: 07/16/2020)

July 16, 2020 RECAP
11

DECLARATION of Everett Maroon filed by Plaintiff State of Washington re 4 MOTION for Preliminary Injunction (Chien, Marsha) (Entered: 07/16/2020)

July 16, 2020 RECAP
12

DECLARATION of Jason McGill filed by Plaintiff State of Washington re 4 MOTION for Preliminary Injunction (Chien, Marsha) (Entered: 07/16/2020)

July 16, 2020 RECAP
13

DECLARATION of Bill Moss filed by Plaintiff State of Washington re 4 MOTION for Preliminary Injunction (Chien, Marsha) (Entered: 07/16/2020)

July 16, 2020 RECAP
14

DECLARATION of Thea N. Mounts filed by Plaintiff State of Washington re 4 MOTION for Preliminary Injunction (Chien, Marsha) (Entered: 07/16/2020)

July 16, 2020 RECAP
15

DECLARATION of Kathy L. Oline filed by Plaintiff State of Washington re 4 MOTION for Preliminary Injunction (Chien, Marsha) (Entered: 07/16/2020)

July 16, 2020 RECAP
16

DECLARATION of David Reed filed by Plaintiff State of Washington re 4 MOTION for Preliminary Injunction (Chien, Marsha) (Entered: 07/16/2020)

July 16, 2020 RECAP
17

DECLARATION of Michele Roberts filed by Plaintiff State of Washington re 4 MOTION for Preliminary Injunction (Chien, Marsha) (Entered: 07/16/2020)

July 16, 2020 RECAP
18

DECLARATION of Kenneth Shulman filed by Plaintiff State of Washington re 4 MOTION for Preliminary Injunction (Chien, Marsha) (Entered: 07/16/2020)

July 16, 2020 RECAP
19

DECLARATION of Jessica Todorovich filed by Plaintiff State of Washington re 4 MOTION for Preliminary Injunction (Chien, Marsha) (Entered: 07/16/2020)

July 16, 2020 RECAP
20

DECLARATION of Dr. Chelsea Unruh filed by Plaintiff State of Washington re 4 MOTION for Preliminary Injunction (Chien, Marsha) (Entered: 07/16/2020)

July 16, 2020 RECAP
21

DECLARATION of Elayne Wylie filed by Plaintiff State of Washington re 4 MOTION for Preliminary Injunction (Chien, Marsha) (Entered: 07/16/2020)

July 16, 2020 RECAP
22

DECLARATION of Daniel Zeitlin filed by Plaintiff State of Washington re 4 MOTION for Preliminary Injunction (Chien, Marsha) (Entered: 07/16/2020)

July 16, 2020 RECAP
23

CERTIFICATE OF SERVICE by Plaintiff State of Washington (Luna, Neal) (Entered: 07/17/2020)

July 17, 2020 PACER

Judge James L. Robart added. (ST)

July 20, 2020 PACER
24

Summons(es) Electronically Issued as to defendant(s) Alex M Azar, United States Department of Health and Human Services (Attachments: # 1 Summons)(ST) (Entered: 07/20/2020)

July 20, 2020 PACER
25

CERTIFICATE OF SERVICE re summons; served upon Defendants via certified mail; sent on 7/20/2020 by Plaintiff State of Washington (Luna, Neal) Modified on 7/21/2020 to include party and date summons mailed (PM). (Entered: 07/20/2020)

July 20, 2020 RECAP
26

NOTICE TO FILER: re 1 Complaint. Notice of Filing Deficiency** Action Required ** See attached letter for more information and instructions. Notice of Related Case must be filed by 7/27/2020. (ST) Modified on 7/21/2020. See docket 27 . (ST) (Entered: 07/20/2020)

July 20, 2020 PACER

Add and Terminate Judges

July 20, 2020 PACER
27

NOTICE TO FILER: re 1 Complaint. ** Reminder** Documents omittedSee attached letter for more information and instructions. NOTE: Please disregard 26 Notice to Filer as it did not include the correct instructions. (ST) (Entered: 07/21/2020)

July 21, 2020 RECAP

***Deadlines/Hearings terminated re [26} Notice to Filer. (ST)

July 21, 2020 PACER
28

NOTICE of Pendency of Other Action ; filed by Plaintiff State of Washington. (Luna, Neal) (Entered: 07/21/2020)

July 21, 2020 RECAP

Terminate Deadlines/Hearings

July 21, 2020 PACER
29

CERTIFICATE OF SERVICE by Plaintiff State of Washington re 28 Notice of Pendency of Other Action (Luna, Neal) (Entered: 07/22/2020)

July 22, 2020 RECAP
30

MOTION for Leave Motion For Expedited Leave To File Amicus Curiae Brief, filed by Amicus Parties Northwest Health Law Advocates, C. P., M. D.. (Attachments: # 1 Appendix A, # 2 Proposed Order) Noting Date 8/7/2020, (Hamburger, Eleanor) (Entered: 07/29/2020)

1 Appendix A

View on RECAP

2 Proposed Order

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July 29, 2020 RECAP
31

DECLARATION of Eleanor Hamburger filed by Amicus Parties M. D., Northwest Health Law Advocates, C. P. re 30 MOTION for Leave Motion For Expedited Leave To File Amicus Curiae Brief (Hamburger, Eleanor) (Entered: 07/29/2020)

July 29, 2020 PACER
32

Redacted DECLARATION of P.P. filed by Amicus Parties M. D., Northwest Health Law Advocates, C. P. re 30 MOTION for Leave Motion For Expedited Leave To File Amicus Curiae Brief (Hamburger, Eleanor) (Entered: 07/29/2020)

July 29, 2020 PACER
33

Redacted DECLARATION of C.D. filed by Amicus Parties M. D., Northwest Health Law Advocates, C. P. re 30 MOTION for Leave Motion For Expedited Leave To File Amicus Curiae Brief (Hamburger, Eleanor) (Entered: 07/29/2020)

July 29, 2020 PACER

Attorney Eleanor Hamburger added as counsel for M. D., Northwest Health Law Advocates, and C. P. per 30 MOTION for Leave Motion For Expedited Leave To File Amicus Curiae Brief. (PM)

July 29, 2020 PACER
34

DECLARATION of Janet Varon filed by Amicus Parties M. D., Northwest Health Law Advocates, C. P. re 30 MOTION for Leave Motion For Expedited Leave To File Amicus Curiae Brief (Hamburger, Eleanor) (Entered: 07/29/2020)

July 29, 2020 PACER
35

NOTICE that the following is RE-NOTED: 4 MOTION for Preliminary Injunction . Filed by Plaintiff State of Washington. Noting Date 8/14/2020, (Sutherland, Brian) (Entered: 07/29/2020)

July 29, 2020 RECAP
36

NOTICE that the following is RE-NOTED: 30 MOTION for Leave Motion For Expedited Leave To File Amicus Curiae Brief. Filed by Amicus Parties M. D., Northwest Health Law Advocates, C. P.. Noting Date 8/14/2020, (Hamburger, Eleanor) (Entered: 07/29/2020)

July 29, 2020 PACER
37

DECLARATION of Service filed by Amicus Parties M. D., Northwest Health Law Advocates, C. P. re 30 MOTION for Leave Motion For Expedited Leave To File Amicus Curiae Brief (Hamburger, Eleanor) (Entered: 07/29/2020)

July 29, 2020 PACER

Add and Terminate Attorneys

July 29, 2020 PACER
38

REQUEST for Remote Oral Argument Setting by Plaintiff State of Washington re 4 MOTION for Preliminary Injunction (Sutherland, Brian) (Entered: 08/03/2020)

Aug. 3, 2020 RECAP
39

Agreed MOTION for Leave to File Brief Amicus Curiae in Support of Plaintiff, filed by Amicus House of Representatives. (Attachments: # 1 Exhibit Proposed Brief Amicus Curiae, # 2 Proposed Order) Noting Date 8/3/2020, (Letter, Douglas) (Entered: 08/03/2020)

1 Exhibit Proposed Brief Amicus Curiae

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2 Proposed Order

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Aug. 3, 2020 RECAP

Attorney Douglas Neal Letter added as counsel for House of Representatives per 39 Agreed MOTION for Leave to File Brief Amicus Curiae in Support of Plaintiff. (PM)

Aug. 4, 2020 PACER

Add and Terminate Attorneys

Aug. 4, 2020 PACER
40

NOTICE of Appearance by attorney Erica R. Franklin on behalf of Plaintiff Amicus Curiae Local Governments. (Franklin, Erica) (Entered: 08/05/2020)

Aug. 5, 2020 PACER
41

APPLICATION OF ATTORNEY Lorraine Van Kirk FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiff Amicus Curiae Local Governments (Fee Paid) Receipt No. AWAWDC-6511801 (Franklin, Erica) (Entered: 08/05/2020)

Aug. 5, 2020 PACER
42

ORDER re 41 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Lorraine Alofa Van Kirk for Plaintiff Amicus Curiae Local Governments, by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(DS) (Entered: 08/05/2020)

Aug. 5, 2020 PACER

Order on Application for Leave to Appear Pro Hac Vice

Aug. 5, 2020 PACER
43

NOTICE of Appearance by attorney Lorraine Alofa Van Kirk on behalf of Plaintiff Amicus Curiae Local Governments. (Van Kirk, Lorraine) (Entered: 08/07/2020)

Aug. 7, 2020 PACER
44

MINUTE ORDER re Parties' 38 Joint Request for remote oral argument setting re 4 MOTION for Preliminary Injunction : Motion Hearing set for 8/14/2020 at 02:00 PM via via Zoom videoconference before Judge James L. Robart. The State of Washington's reply brief on its motion for a preliminary injunction shall be due by 4:30 PM PDT on Thursday, August 13, 2020. Authorized by Judge James L. Robart. (LH) (Entered: 08/07/2020)

Aug. 7, 2020 RECAP
45

APPLICATION OF ATTORNEY Abigail Coursolle FOR LEAVE TO APPEAR PRO HAC VICE for Amicus National Health Law Program (Fee Paid) Receipt No. AWAWDC-6517541 (Hamburger, Eleanor) (Filed by Lowney, Eric)Modified on 8/10/2020 (DS). (Entered: 08/07/2020)

Aug. 7, 2020 PACER
46

MOTION for Leave to File Amicus Curie Brief, filed by Plaintiff Amicus Curiae Local Governments. (Attachments: # 1 Proposed Order)(Van Kirk, Lorraine) (Entered: 08/07/2020)

Aug. 7, 2020 PACER
47

Amicus Curiae BRIEF by Plaintiff Amicus Curiae Local Governments (Van Kirk, Lorraine) (Entered: 08/07/2020)

Aug. 7, 2020 RECAP
48

NOTICE of Appearance by attorney Eric D Lowney on behalf of Amicus National Health Law Program. (Lowney, Eric) (Entered: 08/10/2020)

Aug. 10, 2020 PACER
49

ORDER granting Amici NoHLA, C.P., and M.D.'s 30 Motion for Leave Expedited Leave to File Amicus Curiae Brief. The amicus curiae brief of NoHLA, C.P., and M.D., shall be filed within one court day of this Order. Signed by Judge James L. Robart.(LH) (Entered: 08/10/2020)

Aug. 10, 2020 RECAP
50

ORDER granting Agreed Parties' 39 Motion for Leave to File Brief of U.S. House of Representatives as Amicus Curiae in support of Plaintiffs. Signed by Judge James L. Robart.(LH) (Entered: 08/10/2020)

Aug. 10, 2020 RECAP
51

ORDER granting Local Governments' 46 Motion for Leave to File Amicus Curiae Brief by Local Government. The amicus curiae brief of Local Government Amici shall be filed the date of this Order. Signed by Judge James L. Robart.(LH) (Entered: 08/10/2020)

Aug. 10, 2020 RECAP
52

Amici Curiae Northwest Health Law Advocates', C.P.'s and M.D.'s BRIEF re 4 MOTION for Preliminary Injunction by Amicus Parties M. D., Northwest Health Law Advocates, C. P. (Hamburger, Eleanor) (Entered: 08/10/2020)

Aug. 10, 2020 PACER
53

ORDER re 45 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Abigail Coursolle for Amicus National Health Law Program, by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(DS) (Entered: 08/10/2020)

Aug. 10, 2020 PACER
54

NOTICE of Appearance by attorney Abigail Coursolle on behalf of Amicus National Health Law Program. (Coursolle, Abigail) (Entered: 08/10/2020)

Aug. 10, 2020 PACER
55

NOTICE of Appearance by attorney William Kerwin Lane, III on behalf of Defendants Alex M Azar, United States Department of Health and Human Services. (Lane, William) (Entered: 08/10/2020)

Aug. 10, 2020 PACER
56

RESPONSE, by Defendants Alex M Azar, United States Department of Health and Human Services, to 4 MOTION for Preliminary Injunction . (Lane, William) (Entered: 08/10/2020)

Aug. 10, 2020 RECAP
57

MOTION for Leave to File Brief of Amicus Curiae, filed by Amicus National Health Law Program. (Attachments: # 1 Exhibit Proposed Brief, # 2 Exhibit Exhibit to Proposed Brief, # 3 Proposed Order) Noting Date 8/10/2020, (Coursolle, Abigail) (Entered: 08/10/2020)

1

View on RECAP

2

View on RECAP

Aug. 10, 2020 PACER

Order on Application for Leave to Appear Pro Hac Vice

Aug. 10, 2020 PACER
58

NOTICE of Appearance by attorney Liam Holland on behalf of Defendants Alex M Azar, United States Department of Health and Human Services. (Holland, Liam) (Entered: 08/11/2020)

Aug. 11, 2020 PACER
59

REPLY, filed by Plaintiff State of Washington, TO RESPONSE to 4 MOTION for Preliminary Injunction (Sutherland, Brian) (Entered: 08/13/2020)

Aug. 13, 2020 RECAP
60

ORDER granting Proposed Amici the National Health Law Program et al's 57 Motion for Leave to File an amicus curiae brief in support of Plaintiff State of Washington's Motion for Preliminary Injunction. The amicus curiae brief of the National Health Law Program et al. shall be filed within one court day of this Order. Signed by Judge James L. Robart.(PM) (Entered: 08/14/2020)

Aug. 14, 2020 RECAP
61

MINUTE ENTRY for proceedings held before Judge James L. Robart - Dep Clerk: Ashleigh Drecktrah; Pla Counsel: Marsha Chien, Brian Sutherland; Def Counsel: Liam Holland; CR: Nickie Drury; Zoom Motion Hearing held on 8/14/2020. The court hears argument from counsel re 4 MOTION for Preliminary Injunction filed by Plaintiff State of Washington. The court takes the matter under advisement; written order to be issued. (AD) (Entered: 08/14/2020)

Aug. 14, 2020 PACER
62

ORDER re 4 MOTION for Preliminary Injunction. The court ORDERS both parties to submit supplemental briefing on the topics in this order by 10:00 AM PDT on Monday, August 17, 2020. Signed by Judge James L. Robart. (PM) (Entered: 08/14/2020)

Aug. 14, 2020 RECAP
63

Amicus BRIEF by Amicus National Health Law Program (Coursolle, Abigail) (Entered: 08/14/2020)

Aug. 14, 2020 RECAP

Motion Hearing

Aug. 14, 2020 PACER
64

SUPPLEMENT re 4 MOTION for Preliminary Injunction by Plaintiff State of Washington (Chien, Marsha) (Entered: 08/17/2020)

Aug. 17, 2020 RECAP
65

SUPPLEMENT Memorandum by Defendants Alex M Azar, United States Department of Health and Human Services (Holland, Liam) (Entered: 08/17/2020)

Aug. 17, 2020 RECAP
66

TRANSCRIPT REQUEST by Plaintiff State of Washington for proceedings held on 08/14/2020, Requesting Attorney: Marsha J. Chien. (Chien, Marsha) (Entered: 08/17/2020)

Aug. 17, 2020 PACER
67

NOTICE of Decision in Walker v. Azar, No. 20-cv-02834 (EDNY) ; filed by Defendants Alex M Azar, United States Department of Health and Human Services. (Attachments: # 1 Exhibit)(Holland, Liam) (Entered: 08/18/2020)

1 Exhibit

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Aug. 18, 2020 RECAP
68

ORDER TO SHOW CAUSE re Plaintiff's 4 MOTION for Preliminary Injunction. The court ORDERS the parties to show cause regarding the impact, if any, that the Asapansa-Johnson Walker injunction against HHS has on Washington's motion for a preliminary injunction. Both parties shall submit their responses to this order to show cause by 5:00 p.m. PDT on Wednesday, August 26, 2020. Signed by Judge James L. Robart. (LH) (Entered: 08/18/2020)

Aug. 18, 2020 RECAP
69

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Zoom Preliminary Injunction Hearing held on 8/14/2020 before Judge James L. Robart.Parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Information regarding the policy can be found on the court's website at www.wawd.uscourts.gov.To purchase a copy of the transcript, contact court reporter Nickoline Drury, nickoline_drury@wawd.uscourts.gov, 206-370-8508. Release of Transcript Restriction set for 11/18/2020, (ND) (Entered: 08/20/2020)

Aug. 20, 2020 PACER
70

RESPONSE TO ORDER TO SHOW CAUSE by Plaintiff State of Washington re: 68 Order to Show Cause, (Attachments: # 1 Exhibit 1)(Sutherland, Brian) (Entered: 08/26/2020)

1 Exhibit 1

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Aug. 26, 2020 RECAP
71

MEMORANDUM filed by Defendants Alex M Azar, United States Department of Health and Human Services re 4 MOTION for Preliminary Injunction Responding to the Court's Order to Show Cause (Holland, Liam) (Entered: 08/26/2020)

Aug. 26, 2020 PACER
72

ORDER denying Plaintiff's 4 Motion for Preliminary Injunction. The court also ORDERS Washington to show cause within 10 days of the filing date of this order why this case should not be dismissed for lack of subject matter jurisdiction. Signed by Judge James L. Robart. (PM) (Entered: 08/28/2020)

Aug. 28, 2020 RECAP
73

NOTICE of Voluntary Dismissal of case by Plaintiff State of Washington (Sutherland, Brian) (Entered: 09/08/2020)

Sept. 8, 2020 RECAP

***Civil Case Terminated re 73 Notice of Voluntary Dismissal without prejudice. (LH)

Sept. 9, 2020 PACER

Terminate Civil Case

Sept. 9, 2020 PACER

State / Territory: Washington

Case Type(s):

Public Benefits/Government Services

Key Dates

Filing Date: June 19, 2020

Closing Date: Sept. 9, 2020

Case Ongoing: No

Plaintiffs

Plaintiff Description:

The state of Washington.

Plaintiff Type(s):

State Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

United States Department of Health and Human Services, Federal

Defendant Type(s):

Hospital/Health Department

Case Details

Causes of Action:

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

Constitutional Clause(s):

Due Process: Substantive Due Process

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Content of Injunction:

Preliminary relief denied

Issues

General:

Disparate Impact

Disparate Treatment

Gay/lesbian/transgender

Government Services

Public assistance grants

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

Discrimination-basis:

Gender identity

Sex discrimination

Sexual orientatation

Benefit Source:

Medicaid

Medicare