CLASS ACTION COMPLAINT. Filing Fee $400.00. Receipt # AWVSDC-7399173. (Attachment: # 1 Civil Cover Sheet) (jsa) (Entered: 10/01/2019)

1 Civil Cover Sheet

View on RECAP

Case Assigned

CASE assigned to Judge Robert C. Chambers. (klc)

ELECTRONIC SUMMONS ISSUED as to Bill Crouch, Jim Justice, Jeremiah Samples, Linda Watts, West Virginia Department of Health and Human Resources, re: 1 Complaint. Summons returnable 21 days. Instructions to Counsel: This is your electronic summons. Please print as many copies of the Summons and Complaint as are necessary to effectuate service under Fed. R. Civ. P. 4. See Proof of Service page of this Summons form for filing a return of service if required by Fed. R. Civ. P. 4(l). (Attachments: # 1 summons as to Bill Crouch, # 2 summons as to Jeremiah Samples, # 3 summons as to Linda Watts, # 4 summons as to West Virginia Department of Health and Human Resources) (jsa)

STANDING ORDER IN RE: ASSIGNMENT AND REFERRAL OF CIVIL ACTIONS AND MATTERS TO MAGISTRATE JUDGES ENTERED JANUARY 4, 2016. Discovery referred to Magistrate Judge Eifert. (cc: counsel of record; any unrepresented party) (jsa)

Case Assigned

ORDER directing this case transferred to Rory L. Perry II, Clerk of Court, for reassignment to another judge within this district. Signed by Judge Robert C. Chambers on 10/2/2019. (cc: counsel of record; any unrepresented parties) (jsa)

CLERK'S ORDER REASSIGNING CASE. For reasons appearing to the court, this action is reassigned from Judge Robert C. Chambers to Chief Judge Thomas E. Johnston. Signed by Clerk of Court Rory L. Perry II on 10/2/2019.(cc: Judge Chambers; Judge Johnston; counsel of record; unrepresented parties) (klc)

NOTICE OF ATTORNEY APPEARANCE by Lori (Peters) Waller on behalf of All Plaintiffs (Waller, Lori) (Modified on 10/8/2019 to replace blank image and on 10/10/2019 to replace unsigned image and to add party filers)(ts).

NOTICE OF ATTORNEY APPEARANCE by Douglas Buffington, Steven Ray Compton on behalf of Bill Crouch, Jim Justice, Jeremiah Samples, Linda Watts, West Virginia Department of Health and Human Resources. (Compton, Steven)

STATEMENT OF VISITING ATTORNEY from Philip J. Peisch on behalf of Linda Watts, Jim Justice, Jeremiah Samples, West Virginia Department of Health and Human Resources, Bill Crouch. Local counsel: Steven R. Compton. Fee $50.00. Receipt # AWVSDC-7421656. (Compton, Steven)

STATEMENT OF VISITING ATTORNEY from Caroline M. Brown on behalf of Linda Watts, Jim Justice, Jeremiah Samples, West Virginia Department of Health and Human Resources, Bill Crouch. Local counsel: Steven R. Compton. Fee $50.00. Receipt # AWVSDC-7421687. (Compton, Steven)

STATEMENT OF VISITING ATTORNEY from Rebecca E. Smith on behalf of Linda Watts, Jim Justice, Jeremiah Samples, West Virginia Department of Health and Human Resources, Bill Crouch. Local counsel: Steven R. Compton. Fee $50.00. Receipt # AWVSDC-7421714. (Compton, Steven)

STIPULATION EXTENDING TIME for Defendants' to file responsive pleading to 1 complaint to 12/02/2019 by Bill Crouch, Jim Justice, Jeremiah Samples, Linda Watts, West Virginia Department of Health and Human Resources, All Plaintiffs (Smith, Rebecca) (Modified on 10/27/2019 to add link to #1 complaint to add party filers) (ts).

STATEMENT OF VISITING ATTORNEY from Marcia Robinson Lowry on behalf of Jonathan R. Local counsel: James A. Meade. Fee $50.00. Receipt # AWVSDC-7426563. (Meade, James)

STATEMENT OF VISITING ATTORNEY from Allison Lynette Mahoney on behalf of Jonathan R. Local counsel: James A. Meade. Fee $50.00. Receipt # AWVSDC-7426616. (Meade, James)

ORDER AND NOTICE: Rule 12(b) Motions 11/18/2019. Rule 26(f) Meeting 12/2/2019. Last day to file report of Rule 26(f) Meeting 12/9/2019. Telephonic Scheduling Conference at 10:00 AM on 12/13/2019 in Charleston. Entry of Scheduling Order 12/18/2019. Last Day to make Rule 26(a)(1) disclosures 12/27/2019. Signed by Judge Thomas E. Johnston on 10/31/2019. (cc: counsel of record; any unrepresented party) (jsa)

ORDER acknowledging the parties' 11 Stipulation Extending Time for Defendants to file their response to the 1 Complaint and extending the deadline for Defendants to file their response to the complaint to no later than 12/2/2019. Signed by Judge Thomas E. Johnston on 11/12/2019. (cc: attys; any unrepresented party) (mkw)

UNOPPOSED MOTION by Bill Crouch, Jeremiah Samples, Linda Watts, West Virginia Department of Health and Human Resources to Exceed Page Limit for Memorandum in Support of Defendants' Motion to Dismiss (Attachment: # 1 Proposed Order)(Peisch, Philip)

MOTION by Bill Crouch, Jim Justice, Jeremiah Samples, Linda Watts, West Virginia Department of Health and Human Resources to Dismiss 1 Complaint. (Attachments: # 1 Proposed Order, # 2 Appendix Table of Contents, # 3 Appendix 1, # 4 Appendix 2, # 5 Appendix 3, # 6 Appendix 4)(Peisch, Philip)

1 Proposed Order

View on PACER

2 Appendix Table of Contents

View on RECAP

3 Appendix

View on PACER

4 Appendix

View on PACER

5 Appendix

View on PACER

6 Appendix

View on PACER

MEMORANDUM by Bill Crouch, Jeremiah Samples, Linda Watts, West Virginia Department of Health and Human Resources in support of 17 MOTION by Bill Crouch, Jim Justice, Jeremiah Samples, Linda Watts, West Virginia Department of Health and Human Resources to Dismiss 1 Complaint. (Peisch, Philip)

STATEMENT OF VISITING ATTORNEY from Dawn J. Post on behalf of Jonathan R. Local counsel: James A. Meade. Fee $50.00. Receipt # AWVSDC-7472576. (Meade, James)

JOINT MOTION by All Parties to Extend Time to File Response and a Reply as to 17 MOTION by Bill Crouch, Jim Justice, Jeremiah Samples, Linda Watts, West Virginia Department of Health and Human Resources to Dismiss 1 Complaint (Attachment: # 1 Proposed Order)(Walters, Richard) (Modified on 12/2/2019 to add party filers) (ts).

ORDER granting Defendants' 16 UNOPPOSED MOTION to Exceed Page Limit; Defendants' Memorandum in Support of Defendants' 17 MOTION to Dismiss shall not exceed forty pages. Signed by Judge Thomas E. Johnston on 12/2/2019. (cc: counsel of record; any unrepresented party) (jsa)

CERTIFICATE OF SERVICE by All Plaintiffs for First Set of Request for Production of Documents to Department of Health and Human Resources. (Meade, James) (Modified on 12/9/2019 to add party filers) (ts).

ORDER granting the parties' 20 JOINT MOTION for Extension of Time to Respond and Reply to Defendants' 17 MOTION to Dismiss 1 Complaint; extending the deadline for Plaintiffs to file a response to Defendants' Motion to no later than 12/23/2019; Defendants may file a reply in support of their motion no later than 1/13/2020. Signed by Judge Thomas E. Johnston on 12/5/2019. (cc: counsel of record; any unrepresented party) (jsa)

RULE 26(f) REPORT OF PLANNING MEETING by Bill Crouch, Jim Justice, Jeremiah Samples, Linda Watts, West Virginia Department of Health and Human Resources, All Plaintiffs. (Attachment: # 1 Scheduling Order Worksheet)(Peisch, Philip) (Modified on 12/9/2019 to add party filers) (ts)

1 Scheduling Order Worksheet

View on PACER

UNOPPOSED MOTION by L. Scott Briscoe, Gretchen C., Sarah Dixon, April Flowers, Katherine Huffman, Calvin K., Carolina K., Chris K., Ace L., Anastasia M., Garrett M., Cheryl Ord, Dennis R., Jonathan R., Serena S., Theo S., Isabelle Santillion, Debbie Stone, Karter W. for Extension of Page Limit for Plaintiffs' Opposition to Defendants Motion to Dismiss (Attachment: # 1 Proposed Order)(Walters, Richard)

MOTION by Bill Crouch, Jim Justice, Jeremiah Samples, Linda Watts, West Virginia Department of Health and Human Resources to Stay Discovery Pending a Decision on the Defendants' 17 Motion to Dismiss (Attachment: # 1 Proposed Order)(Peisch, Philip) (Modified on 12/11/2019 to add link to #17 motion) (ts).

1 Proposed Order

View on PACER

MEMORANDUM by Bill Crouch, Jim Justice, Jeremiah Samples, Linda Watts, West Virginia Department of Health and Human Resources in support of 26 MOTION by Bill Crouch, Jim Justice, Jeremiah Samples, Linda Watts, West Virginia Department of Health and Human Resources to Stay Discovery Pending a Decision on the Defendants' 17 Motion to Dismiss (Peisch, Philip)

ORDER continuing the scheduling conference to 3:00 PM on 12/30/2019 in order to allow Plaintiffs time to respond to Defendants' pending 26 MOTION to Stay. Signed by Judge Thomas E. Johnston on 12/12/2019. (cc: counsel of record; any unrepresented party) (jsa)

OPPOSITION by Jonathan R. to 17 MOTION by Bill Crouch, Jim Justice, Jeremiah Samples, Linda Watts, West Virginia Department of Health and Human Resources to Dismiss 1 Complaint (Meade, James)

RESPONSE by Jonathan R. in opposition to 26 MOTION by Bill Crouch, Jim Justice, Jeremiah Samples, Linda Watts, West Virginia Department of Health and Human Resources to Stay Discovery Pending a Decision on the Defendants' Motion to Dismiss (Meade, James)

REPLY by Bill Crouch, Jim Justice, Jeremiah Samples, Linda Watts, West Virginia Department of Health and Human Resources to 30 Response In Opposition. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Peisch, Philip)

1 Exhibit 1 Ashley W. Order

View on RECAP

2 Exhibit 2 Plaintiffs RFP

View on RECAP

AMENDED ORDER regarding call-in information for the telephonic scheduling conference to be held on 12/30/2019 at 3:00 p.m. Signed by Judge Thomas E. Johnston on 12/30/2019. (cc: counsel of record; any unrepresented party) (jsa)

TELEPHONE CONFERENCE held by Judge Thomas E. Johnston on 12/30/2019. (slw)

ORDER denying Defendants' 26 MOTION to Stay Discovery; continuing the Telephonic Scheduling Conference to 10:00 AM on 1/16/2020 in Charleston, with call-in information as more fully set forth herein. Signed by Judge Thomas E. Johnston on 12/30/2019. (cc: counsel of record; any unrepresented party) (jsa)

REPLY by Bill Crouch, Jim Justice, Jeremiah Samples, Linda Watts, West Virginia Department of Health and Human Resources to 29 Response In Opposition. (Peisch, Philip)

RULE 26(f) REPORT OF PLANNING MEETING by Bill Crouch, Jim Justice, Jeremiah Samples, Linda Watts, West Virginia Department of Health and Human Resources, All Plaintiffs. (Attachment: # 1 Scheduling Order Worksheet)(Peisch, Philip) (Modified on 1/15/2020 to add party filers) (ts).

MOTION by L. Scott Briscoe, Gretchen C., Sarah Dixon, April Flowers, Katherine Huffman, Calvin K., Carolina K., Chris K., Ace L., Anastasia M., Garrett M., Cheryl Ord, Dennis R., Jonathan R., Serena S., Theo S., Isabelle Santillion, Debbie Stone, Karter W. for Leave to File Sur-reply in Response to Defendants' 35 Reply in Support of the Motion to Dismiss with proposed document attached. (Attachments: # 1 Sur-reply, # 2 Proposed Order)(Walters, Richard)

MEMORANDUM OF LAW by L. Scott Briscoe, Gretchen C., Sarah Dixon, April Flowers, Katherine Huffman, Calvin K., Carolina K., Chris K., Ace L., Anastasia M., Garrett M., Cheryl Ord, Dennis R., Jonathan R., Serena S., Theo S., Isabelle Santillion, Debbie Stone, Karter W. in support of 37 MOTION by Plaintiffs for Leave to File Sur-reply in Response to Defendants' Reply in Support of the Motion to Dismiss. (Walters, Richard)

TELEPHONE CONFERENCE held by Judge Thomas E. Johnston on 1/16/2020. (slw) (Entered: 01/23/2020)

STATEMENT OF VISITING ATTORNEY from Valerie J. McLaughlin on behalf of L. Scott Briscoe. Local counsel: James A. Meade. Fee $50.00. Receipt # AWVSDC-7516658. (Meade, James)

MOTION by Bill Crouch, Jim Justice, Jeremiah Samples, Linda Watts, West Virginia Department of Health and Human Resources for Entry of Proposed Protective Order (Attachments: # 1 Proposed Protective Order, # 2 Proposed Protective Order - Redlined)(Peisch, Philip)

RESPONSE by Bill Crouch, Jim Justice, Jeremiah Samples, Linda Watts, West Virginia Department of Health and Human Resources in opposition to 37 MOTION by Plaintiffs for Leave to File Sur-reply in Response to Defendants' Reply in Support of the Motion to Dismiss (Peisch, Philip)

MOTION by L. Scott Briscoe, Gretchen C., Sarah Dixon, April Flowers, Katherine Huffman, Calvin K., Carolina K., Chris K., Ace L., Anastasia M., Garrett M., Cheryl Ord, Dennis R., Jonathan R., Serena S., Theo S., Isabelle Santillion, Debbie Stone, Karter W. for Protective Order and Memorandum in Support (Attachments: # 1 Proposed Protective Order, # 2 Affidavit Declaration of Marcia Lowry, # 3 Proposed Order)(Walters, Richard)

MOTION REFERRED to Magistrate Judge Cheryl A. Eifert: 40 MOTION by Bill Crouch, Jim Justice, Jeremiah Samples, Linda Watts, West Virginia Department of Health and Human Resources for Entry of Proposed Protective Order. (ts)

MOTION REFERRED to Magistrate Judge Cheryl A. Eifert: 42 MOTION by Plaintiffs for Protective Order (ts)

Motions Referred

Motions Referred

SCHEDULING ORDER: Joinder of Parties, amended pleadings due by 2/24/2020. Discovery requests to be completed by 11/2/2020 and all depositions by 12/1/2020. Expert Witness List by parties bearing the burden of proof due by 10/2/2020, by party not bearing burden of proof due by 11/2/2020, and to solely contradict or rebut evidence due by 11/17/2020. Summary Judgment and Other Dispositive Motions except those filed under Rule 12(b) due by 12/16/2020 with responses due by 12/30/2020, and replies due by 1/7/2021. Settlement Meeting to be held by 2/22/2021. Motions in Limine to be filed by 3/1/2021, with responses due by 3/8/2021. Plaintiffs' portion of proposed Pretrial Order to defendants due by 2/25/2021, Proposed Integrated Pretrial Order due by 3/4/2021. Pretrial Conference set for 4/1/2021 at 10:00 AM in Charleston before Judge Thomas E. Johnston. Jury Charge by 4/6/2021. Final Settlement Conference at 10:00 AM on 4/1/2021 in Charleston; Individuals with full authority to settle the case for each party shall be present in person. Trial set for 4/13/2021 at 9:00 AM in Charleston before Judge Thomas E. Johnston. Signed by Judge Thomas E. Johnston on 1/23/2020. (cc: counsel of record; any unrepresented party) (hkl)

UNCONTESTED MOTION by L. Scott Briscoe, Gretchen C., Sarah Dixon, April Flowers, Katherine Huffman, Calvin K., Carolina K., Chris K., Ace L., Anastasia M., Garrett M., Cheryl Ord, Dennis R., Jonathan R., Serena S., Theo S., Isabelle Santillion, Debbie Stone, Karter W. for an Order Appointing Next Friends (Attachments: # 1 Affidavit Ord, # 2 Affidavit Greiner, # 3 Affidavit Stone, # 4 Affidavit Huffman, # 5 Affidavit Santillion, # 6 Proposed Order)(Walters, Richard)

MEMORANDUM by L. Scott Briscoe, Gretchen C., Sarah Dixon, April Flowers, Katherine Huffman, Calvin K., Carolina K., Chris K., Ace L., Anastasia M., Garrett M., Cheryl Ord, Dennis R., Jonathan R., Serena S., Theo S., Isabelle Santillion, Debbie Stone, Karter W. in support of 45 UNCONTESTED MOTION by Plaintiffs for an Order Appointing Next Friends (Walters, Richard)

MOTION by L. Scott Briscoe, Gretchen C., Sarah Dixon, April Flowers, Katherine Huffman, Calvin K., Carolina K., Chris K., Ace L., Anastasia M., Garrett M., Cheryl Ord, Dennis R., Jonathan R., Serena S., Theo S., Isabelle Santillion, Debbie Stone, Karter W. for Substitution of Next Friend and Memorandum in Support (Attachments: # 1 McLaughlin Declaration, # 2 Greiner Affidavit, # 3 Proposed Order)(Walters, Richard)

ORDER scheduling a Telephonic Status Conference for 1/29/2020 at 10:00 AM in Charleston before Judge Thomas E. Johnston, with the call-in information more fully set forth herein. Signed by Judge Thomas E. Johnston on 1/27/2020. (cc: counsel of record; any unrepresented party) (jsa)

SUPPLEMENT to Appendix in Support of 17 MOTION by Bill Crouch, Jim Justice, Jeremiah Samples, Linda Watts, West Virginia Department of Health and Human Resources to Dismiss 1 Complaint by Bill Crouch, Jim Justice, Jeremiah Samples, Linda Watts, West Virginia Department of Health and Human Resources (Attachments: # 1 Appendix Tab 5, # 2 Appendix Tab 6)(Peisch, Philip)

TELEPHONE CONFERENCE held by Judge Thomas E. Johnston on 1/29/2020. (slw)

ORDER granting Plaintiffs' 37 MOTION for Leave to File Sur-reply in Response to Defendants' Reply in Support of the Motion to Dismiss; Plaintiffs' 45 UNCONTESTED MOTION for an Order Appointing Next Friends; and Plaintiffs' 47 MOTION for Substitution of Next Friend. Signed by Judge Thomas E. Johnston on 1/29/2020. (cc: counsel of record; any unrepresented party) (jsa)

SURREPLY by L. Scott Briscoe, Gretchen C., Sarah Dixon, April Flowers, Katherine Huffman, Calvin K., Carolina K., Chris K., Ace L., Anastasia M., Garrett M., Cheryl Ord, Dennis R., Jonathan R., Serena S., Theo S., Isabelle Santillion, Debbie Stone, Karter W. to 31 REPLY by Bill Crouch, Jim Justice, Jeremiah Samples, Linda Watts, West Virginia Department of Health and Human Resources to 30 RESPONSE In Opposition to Defendants' 17 MOTION to Dismiss. (jsa)

STIPULATION EXTENDING TIME for Defendants to Respond to 22 Certificate of Service for First Request For Production of Documents to March 2, 2020 by Bill Crouch, Jim Justice, Jeremiah Samples, Linda Watts, West Virginia Department of Health and Human Resources, Plaintiffs (Peisch, Philip) (Modified on 2/3/2020 to add party filers) (ts).

OPPOSITION by Bill Crouch, Jim Justice, Jeremiah Samples, Linda Watts, West Virginia Department of Health and Human Resources in opposition to 42 MOTION by Plaintiffs for Protective Order (Peisch, Philip)

MOTION by Bill Crouch, Jim Justice, Jeremiah Samples, Linda Watts, West Virginia Department of Health and Human Resources to Dismiss the Claims of Named Plaintiffs Chris K., Calvin K., and Carolina K. re: 1 Complaint (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Peisch, Philip) (Modified on 2/10/2020 to add link to #1 complaint) (ts).

MEMORANDUM OF LAW by Bill Crouch, Jim Justice, Jeremiah Samples, Linda Watts, West Virginia Department of Health and Human Resources in support of 55 MOTION by Bill Crouch, Jim Justice, Jeremiah Samples, Linda Watts, West Virginia Department of Health and Human Resources to Dismiss the Claims of Named Plaintiffs Chris K., Calvin K., and Carolina K. re: 1 Complaint (Peisch, Philip)

MOTION by Bill Crouch, Jim Justice, Jeremiah Samples, Linda Watts, West Virginia Department of Health and Human Resources for Leave to File Under Seal Exhibits 1 and 2. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Peisch, Philip)

MEMORANDUM OF LAW by Bill Crouch, Jim Justice, Jeremiah Samples, Linda Watts, West Virginia Department of Health and Human Resources in support of 57 MOTION by Bill Crouch, Jim Justice, Jeremiah Samples, Linda Watts, West Virginia Department of Health and Human Resources for Leave to File Under Seal Exhibits 1 and 2 (Peisch, Philip)

STATEMENT OF VISITING ATTORNEY from Julia M. Siegenberg on behalf of Linda Watts, Jim Justice, Jeremiah Samples, West Virginia Department of Health and Human Resources, Bill Crouch. Local counsel: Steven R. Compton. Fee $50.00. Receipt # AWVSDC-7539857. (Compton, Steven)

CERTIFICATE OF SERVICE by Bill Crouch, Jim Justice, Jeremiah Samples, Linda Watts, West Virginia Department of Health and Human Resources for First Response to First Request for Production of Documents. (Peisch, Philip)

MEMORANDUM by L. Scott Briscoe in opposition to 55 MOTION by Bill Crouch, Jim Justice, Jeremiah Samples, Linda Watts, West Virginia Department of Health and Human Resources to Dismiss the Claims of Named Plaintiffs Chris K., Calvin K., and Carolina K. re: 1 Complaint (Attachment: # 1 Affidavit)(Meade, James)

MEMORANDUM OF LAW by L. Scott Briscoe in support of 57 MOTION by Bill Crouch, Jim Justice, Jeremiah Samples, Linda Watts, West Virginia Department of Health and Human Resources for Leave to File Under Seal Exhibits 1 and 2 (Meade, James)

CERTIFICATE OF SERVICE by Bill Crouch, Jim Justice, Jeremiah Samples, Linda Watts, West Virginia Department of Health and Human Resources for Second and Third Response to First Request for Production of Documents. (Siegenberg, Julia)

CERTIFICATE OF SERVICE by L. Scott Briscoe, Gretchen C., Sarah Dixon, April Flowers, Cathy L. Greiner, Katherine Huffman, Calvin K., Carolina K., Chris K., Ace L., Anastasia M., Garrett M., Cheryl Ord, Dennis R., Jonathan R., Serena S., Theo S., Isabelle Santillion, Debbie Stone, Karter W. for Second Request for Production of Documents. (Ooten, Brian)

REPLY by Bill Crouch, Jim Justice, Jeremiah Samples, Linda Watts, West Virginia Department of Health and Human Resources to 61 Memorandum In Opposition. (Attachment: # 1 Exhibit 1)(Brown, Caroline)

ORDER setting a telephonic motion hearing on Defendants' 40 MOTION for Entry of Defendants' Proposed Protective Order and Plaintiffs' 42 MOTION for and Memorandum of Law in Support of Protective Order for 2/28/2020 at 2:00 PM in Huntington before Magistrate Judge Cheryl A. Eifert. Signed by Magistrate Judge Cheryl A. Eifert on 2/24/2020. (cc: counsel of record; any unrepresented party) (jsa)

ORDER granting Defendants' 57 MOTION for Leave to File Under Seal Exhibits 1 and 2; directing the Clerk to place the exhibits under seal. Signed by Judge Thomas E. Johnston on 2/26/2020. (cc: counsel of record; any unrepresented party) (jsa)

EXHIBITS 1 AND 2 to Defendants' 55 MOTION to Dismiss the Claims of Named Plaintiffs Chris K., Calvin K., and Carolina K.; filed under seal pursuant to 67 Order. (Attachment: # 1 Exhibit 2) (jsa)

JOINT MOTION by Parties for Order Governing the Inadvertent Disclosure of Documents or Other Material Under Rule 502(b) (Attachment: # 1 Proposed Order)(Smith, Rebecca) (Modified on 3/2/2020 to add party filers) (ts).

ORDER GOVERNING THE INADVERTENT DISCLOSURE OF DOCUMENTS OR OTHER MATERIAL UNDER RULE 502(b); directing that the following procedures shall govern the inadvertent production of privileged or confidential documents, as more fully set forth herein. Signed by Magistrate Judge Cheryl A. Eifert on 2/28/2020. (cc: counsel of record; any unrepresented party) (jsa)

TELEPHONIC MOTION HEARING held by Magistrate Judge Cheryl A. Eifert on 2/28/2020 re: 40 MOTION by Bill Crouch, Jim Justice, Jeremiah Samples, Linda Watts, West Virginia Department of Health and Human Resources for Entry of Proposed Protective Order, 42 MOTION by Plaintiffs for Protective Order; Court Reporter: CourtSmart. (hkl)

ORDER granting in part and denying in part Defendants' 40 MOTION for Entry of a Proposed Protective Order and Plaintiffs' 42 MOTION for a Protective Order; directing that the completed Agreed Protective Order shall be submitted to the undersigned within ten (10) days of the date of this Order; if the parties encounter further issues that cannot be resolved between them, they should contact chambers as soon as possible and a follow-up telephone conference will be arranged. Signed by Magistrate Judge Cheryl A. Eifert on 2/28/2020. (cc: counsel of record) (jsa)

CERTIFICATE OF SERVICE by Bill Crouch, Jim Justice, Jeremiah Samples, Linda Watts, West Virginia Department of Health and Human Resources for Fourth Response to First Request for Production of Documents. (Siegenberg, Julia)

JOINT MOTION by Bill Crouch, Jim Justice, Jeremiah Samples, Linda Watts, West Virginia Department of Health and Human Resources, Plaintiffs for Protective Order (Attachment: # 1 Proposed Order)(Peisch, Philip) (Modified on 3/7/2020 to add party filers) (ts).

MOTION REFERRED to Magistrate Judge Cheryl A. Eifert: 74 JOINT MOTION by Bill Crouch, Jim Justice, Jeremiah Samples, Linda Watts, West Virginia Department of Health and Human Resources, Plaintiffs for Protective Order (ts)

Motions Referred

Motions Referred

CERTIFICATE OF SERVICE by Bill Crouch, Jim Justice, Jeremiah Samples, Linda Watts, West Virginia Department of Health and Human Resources for First Request for Production of Documents to Plaintiffs. (Siegenberg, Julia)

CERTIFICATE OF SERVICE by Bill Crouch, Jim Justice, Jeremiah Samples, Linda Watts, West Virginia Department of Health and Human Resources for Response to Plaintiffs' Second Request for Production of Documents. (Siegenberg, Julia)

ORDER granting the parties' 74 JOINT MOTION for Protective Order. Signed by Magistrate Judge Cheryl A. Eifert on 4/3/2020. (cc: counsel of record; any unrepresented party) (jsa)

PROTECTIVE ORDER setting forth the terms for the handling of confidential documents. Signed by Magistrate Judge Cheryl A. Eifert on 4/3/2020. (cc: counsel of record; any unrepresented party) (jsa)

CERTIFICATE OF SERVICE by L. Scott Briscoe, Gretchen C., Sarah Dixon, April Flowers, Cathy L. Greiner, Katherine Huffman, Calvin K., Carolina K., Chris K., Ace L., Anastasia M., Garrett M., Cheryl Ord, Dennis R., Jonathan R., Serena S., Theo S., Isabelle Santillion, Debbie Stone, Karter W. for First Response to Defendants First Request for Production of Documents. (Walters, Richard)

MOTION by L. Scott Briscoe, Gretchen C., Sarah Dixon, April Flowers, Cathy L. Greiner, Katherine Huffman, Calvin K., Carolina K., Chris K., Ace L., Anastasia M., Garrett M., Cheryl Ord, Dennis R., Jonathan R., Serena S., Theo S., Isabelle Santillion, Debbie Stone, Karter W. to Modify 44 Scheduling Order (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Walters, Richard)

AMENDED MOTION by L. Scott Briscoe, Gretchen C., Sarah Dixon, April Flowers, Cathy L. Greiner, Katherine Huffman, Calvin K., Carolina K., Chris K., Ace L., Anastasia M., Garrett M., Cheryl Ord, Dennis R., Jonathan R., Serena S., Theo S., Isabelle Santillion, Debbie Stone, Karter W. to Modify 44 Scheduling Order (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Walters, Richard)

NOTICE OF SUPPLEMENTAL AUTHORITY re: 29 Response in Opposition by L. Scott Briscoe, Gretchen C., Sarah Dixon, April Flowers, Cathy L. Greiner, Katherine Huffman, Calvin K., Carolina K., Chris K., Ace L., Anastasia M., Garrett M., Cheryl Ord, Dennis R., Jonathan R., Serena S., Theo S., Isabelle Santillion, Debbie Stone, Karter W. (Meade, James) (Modified on 5/17/2020 to add link to #29 response in opposition) (ts).

EXHIBIT by L. Scott Briscoe, Gretchen C., Sarah Dixon, April Flowers, Cathy L. Greiner, Katherine Huffman, Calvin K., Carolina K., Chris K., Ace L., Anastasia M., Garrett M., Cheryl Ord, Dennis R., Jonathan R., Serena S., Theo S., Isabelle Santillion, Debbie Stone, Karter W. in support of 82 Notice of Supplemental Authority (Meade, James)

AMENDED SCHEDULING ORDER granting Plaintiffs' 80 MOTION and 81 AMENDED MOTION to amend schedule and amending as follows: Discovery requests to be completed by 1/4/2021, and all depositions by 2/1/2021. Expert Witness List by parties bearing the burden of proof due by 12/2/2020, by party not bearing burden of proof due by 1/4/2021, and to solely contradict or rebut evidence due by 1/18/2021. Dispositive Motions except those filed under Rule 12(b) due by 2/16/2021 with responses due by 3/1/2021 and replies due by 3/8/2021. Settlement Meeting to be held by 4/22/2021. Motions in Limine to be filed by 5/3/2021, with responses due by 5/10/2021; Plaintiffs' portion of proposed Pretrial Order to defendants due by 4/26/2021, Proposed Integrated Pretrial Order due by 5/4/2021. Pretrial Conference set for 6/2/2021 at 10:00 AM in Charleston before Judge Thomas E. Johnston. Jury Charges due by 6/8/2021. Final Settlement Conference at 10:00 AM on 6/2/2021 in Charleston; individuals with full authority to settle the case for each party shall be present in person; Trial set for 6/15/2021 at 9:00 AM in Charleston before Judge Thomas E. Johnston. Signed by Judge Thomas E. Johnston on 5/20/2020. (cc: counsel of record; any unrepresented party) (hkl)

MOTION by Bill Crouch, Jim Justice, Jeremiah Samples, Linda Watts, West Virginia Department of Health and Human Resources to Compel Plaintiffs to Produce Privilege Log or, in the Alternative, Responsive Documents (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Proposed Order)(Peisch, Philip)

Motions Referred

MOTION REFERRED to Magistrate Judge Cheryl A. Eifert: 85 MOTION by Bill Crouch, Jim Justice, Jeremiah Samples, Linda Watts, West Virginia Department of Health and Human Resources to Compel Plaintiffs to Produce Privilege Log or, in the Alternative, Responsive Documents (ts)

STATEMENT OF VISITING ATTORNEY from Tavi L. Unger on behalf of L. Scott Briscoe, Sarah Dixon, Calvin K., Ace L., Cathy L. Greiner, Jonathan R., Carolina K., Isabelle Santillion, Chris K., April Flowers, Serena S., Gretchen C., Karter W., Debbie Stone, Dennis R., Theo S., Anastasia M., Katherine Huffman, Garrett M., Cheryl Ord. Local counsel: James A. Meade. Fee $50.00. Receipt # AWVSDC-7630446. (Meade, James)

MEMORANDUM by L. Scott Briscoe, Gretchen C., Sarah Dixon, April Flowers, Cathy L. Greiner, Katherine Huffman, Calvin K., Carolina K., Chris K., Ace L., Anastasia M., Garrett M., Cheryl Ord, Dennis R., Jonathan R., Serena S., Theo S., Isabelle Santillion, Debbie Stone, Karter W. in opposition to 85 MOTION by Bill Crouch, Jim Justice, Jeremiah Samples, Linda Watts, West Virginia Department of Health and Human Resources to Compel Plaintiffs to Produce Privilege Log or, in the Alternative, Responsive Documents (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Affidavit Declaration of Marcia Lowry)(Meade, James)

MOTION by Bill Crouch, Jim Justice, Jeremiah Samples, Linda Watts, West Virginia Department of Health and Human Resources to Dismiss the Claims of Named Plaintiff Garrett M. re: 1 Complaint (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12)(Peisch, Philip) (Modified on 6/7/2020 to add link to #1 complaint) (ts).