Case: Fain v. Crouch

3:20-cv-00740 | U.S. District Court for the Southern District of West Virginia

Filed Date: Nov. 12, 2020

Case Ongoing

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Case Summary

On November 12, 2020, three private plaintiffs (individually, “CF”, “ZM”, and “BM”; collectively, “Plaintiffs”), represented by Lambda Legal Defense and Education Fund and private counsel, filed a class action lawsuit against the West Virginia Department of Health and Human Services (“DHHS”), West Virginia Bureau for Medical Services (“BMS”), West Virginia Public Employees Insurance Agency (“PEIA”), and the Health Plan of West Virginia, Inc. (“HPWV”), (collectively, “WVA”), in the United States District Court for the Southern District of West Virginia. This complaint asserted several claims all in the same being that WVA discriminated against the Plaintiffs by denying coverage for gender-affirming care. This case was assigned to District Judge Robert C. Chambers and Magistrate Judge Cheryl A. Eifert.

Plaintiffs brought the action on behalf of three classes: (1) the Medicaid Class, composed of people in West Virginia on Medicaid who were or would seek gender-affirming care; (2) the State Employee Health Plan Class, composed of people on state health care plans who themselves or their depends would seek gender-affirming care; and (3) the Health Plan Subclass.

Plaintiff CF, a transgender male, brought four discrimination claims, individually and on behalf of the proposed Medicaid class, against DHHS and BMS (collectively, “WVHS”), arguing that as a Medicaid recipient, relying on WVHS Medicaid plans for insurance, CF was denied gender-affirming care to treat his gender-dysphoria diagnosis because of WVHS’ Medicaid Policy Manual which allegedly “excludes transexual surgery” (“Exclusion”) from coverage. CF argued that WVHS’ discriminatory policy violated the (1) Equal Protection clause, (2) the nondiscrimination clause under the Affordable Care Act (“ACA”), and (3) the Medicaid Act. CF sought declaratory and injunctive relief on behalf of himself and the proposed Medicaid Class, as well as compensatory damages under the ACA for himself.

Plaintiff BM, a state employee insured through the state’s Public Employees Insurance Act (PEIA), married to Plaintiff ZM, a transgender man and BM’s dependent for insurance, sought gender-affirming care to treat ZM’s gender-dysphoria diagnosis. BM and ZM brought two claims against PEIA, individually and on behalf of the proposed State Employee Class, argued that PEIA’s policies and practices exclude gender-affirming care, and failed to offer a non-discriminatory option, violated the Equal Protection clause and the ACA. Additionally, there were similar exclusions in all plans provided by HPWV, which were approved by PEIA, and BM and ZM alleged, individually and on behalf of the Health Plan Subclass, that this violated the ACA. They sought declaratory and injunctive relief on behalf of the classes, and any compensatory damages under the ACA.

On January 11, 2021, WVHS, PEIA, and HPWV filed their own motions to dismiss with prejudice. WVHS argued that CF’s claim for compensatory damages under the ACA was barred by the Eleventh Amendment and challenged the sufficiency, standing, and ripeness of his class action allegations. PEIA argued that BM and ZM lacked standing and failed to state an Equal Protections claim. HPWV argued that the ACA policy that prohibits discrimination did not apply to health insurance issuers, in accordance with a determination made by the Trump Administration in 2020.

On February 15, 2021, BM and ZM, and PEIA, jointly moved to dismiss without prejudice the ACA claim against PEIA in order to streamline the issues in this case, and the court approved this dismissal on February 17.

On May 19, 2021, Judge Chambers denied WVHS’ and PEIA’s motion to dismiss. For WVHS, the court found that West Virginia waived its immunity from suit by accepting federal assistance under the ACA, and CF had plausibly argued a ripe claim, and there was a sufficient proposed class. For PEIA, the court found the BM and ZM had standing, and that PEIA’s argument that the plaintiffs failed to state an Equal Protection claim was improper because it was based on facts outside the complaint and the court was not going to entertain any fact-based arguments at this stage. On June 28, Judge Chambers denied HPWV’s motion to dismiss with prejudice, agreeing that the ACA’s plain text unambiguously prohibits discrimination by HPWV under its entire portfolio.

On September 1, 2021, HPWV appealed to the Fourth Circuit Appeals Court. On September 23, the Plaintiffs filed a motion to amend their complaint to add two more plaintiffs to the suit, “SA”, a Medicaid participant, and “LJ”, a public employee and PEIA member. Along with the three original plaintiffs, collectively these five plaintiffs will be referred to as “Plaintiffs” from now on. On October 28, Judge Chambers approved these additions.

On January 5, 2022, ZM and BM, jointly with HPWV, agreed to a settlement for all claims that existed between them. HPWV agreed to remove the exclusionary language from PEIA plans that renewed on or after January 1, 2022, and until the plans were rewritten, the denial of gender-affirming care was administratively overridden for PEIA members. In addition, because ZM’s and BM’s plan could not be renewed until July 2022, HPWV agreed starting on January 1, 2022, not to deny ZM and BM coverage for gender-confirming treatment. In return, all claims, including any damages or awards, were to be dismissed with prejudice. On January 18, the court denied HPWV’s motion to certify its appeal as moot.

On May 31, 2022, CF and SA (collectively, “Medicaid Plaintiffs”) sought class certification for the Medicaid Class, for “all transgender people who are or will be enrolled in West Virginia Medicaid and who are seeking or will seek gender-[affirming] care barred by the Exclusion”. In addition, both the Medicaid Plaintiffs and WVHS filed cross motions for summary judgment.

On August 2, 2022, Judge Chambers certified the Medicaid Class, and granted summary judgment to the Medicaid Plaintiffs. Judge Chambers found that the Exclusion “invidiously discriminated on the basis of sex and transgender status,” and therefore violated the Equal Protection Clause, the ACA, and the Medicaid Act. The court ordered that WVHS was enjoined from enforcing or applying the Exclusion.

On August 31, 2022, WVHS appealed this decision to the Fourth Circuit Appeals Court. On April 29, 2024, the Fourth Circuit affirmed that WVHS’ Exclusion was a discriminatory policy based on sex and gender identity, and was in violation of the Equal Protection Clause, the ACA, and the Medicaid Act.

On July 7, 2024, WVHS filed a petition for a writ of certiorari with the United States Supreme Court.

On September 6, 2024, Judge Chambers granted the Medicaid Plaintiffs $12,160.15 in attorneys’ fees and expenses.

This case is ongoing as of March 8, 2025.

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Summary Authors

Danica Fong (3/10/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/18620247/parties/fain-v-crouch/

Judge(s)

Attorney for Plaintiff

Auvil, Walt (West Virginia)

Borelli, Tara L. (West Virginia)

Buchert, Sasha J. (West Virginia)

Attorney for Defendant

Bandy, Kimberly M. (West Virginia)

Boone, Aaron C. (West Virginia)

Expert/Monitor/Master/Other

Judge(s)

Chambers, Robert Charles (West Virginia)

Attorney for Plaintiff

Auvil, Walt (West Virginia)

Borelli, Tara L. (West Virginia)

Buchert, Sasha J. (West Virginia)

Charles, Carl S. (West Virginia)

Huppert, Nora (West Virginia)

Prakash, Anna P. (West Virginia)

Schladt, Nicole Jean (West Virginia)

Smith-Carrington, Avatara Antoinette (West Virginia)

Attorney for Defendant

Bandy, Kimberly M. (West Virginia)

Boone, Aaron C. (West Virginia)

Cyrus, Lou Ann (West Virginia)

David, Caleb B. (West Virginia)

Green, Roberta F. (West Virginia)

McMillan, Stuart A. (West Virginia)

Oxley, Perry W. (West Virginia)

Rich, David E. (West Virginia)

Salyers, Eric (West Virginia)

Weed, Christopher K. (West Virginia)

Expert/Monitor/Master/Other

O'Dell, Donald B. (West Virginia)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
1 3:20-cv-00740	Class Action Complaint	Nov. 12, 2020	Nov. 12, 2020 Complaint
41 3:20-cv-00740	Order	Feb. 17, 2021	Feb. 17, 2021 Order/Opinion
57 3:20-cv-00740	Memorandum Order and Opinion	May 19, 2021	May 19, 2021 Order/Opinion 540 F.Supp.3d 575
63 3:20-cv-00740	Memorandum Opinion and Order	June 28, 2021	June 28, 2021 Order/Opinion 545 F.Supp.3d 338
140 3:20-cv-00740	First Amended Class Action Complaint	Oct. 28, 2021	Oct. 28, 2021 Complaint
180 3:20-cv-00740	Stipulation of Dismissal	Jan. 5, 2022	Jan. 5, 2022 Pleading / Motion / Brief
270 3:20-cv-00740	Memorandum Order and Opinion	Aug. 2, 2022	Aug. 2, 2022 Order/Opinion 342 F.R.D. 109
271 3:20-cv-00740	Memorandum Opinion and Order	Aug. 2, 2022	Aug. 2, 2022 Order/Opinion 618 F.Supp.3d 313

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/18620247/fain-v-crouch/

Last updated April 22, 2025, 2:43 p.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT. Filing Fee $400.00. Receipt # AWVSDC-7798809. (Attachments: # 1 Proposed Summons, # 2 Proposed Summons, # 3 Proposed Summons, # 4 Proposed Summons, # 5 Proposed Summons, # 6 Civil Cover Sheet) (hkl) 1 Proposed Summons View on PACER 2 Proposed Summons View on PACER 3 Proposed Summons View on PACER 4 Proposed Summons View on PACER 5 Proposed Summons View on PACER 6 Civil Cover Sheet View on PACER	Nov. 12, 2020	Nov. 12, 2020 Clearinghouse
2	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: attys; any unrepresented party) (hkl)	Nov. 12, 2020	Nov. 12, 2020 RECAP
3	ELECTRONIC SUMMONS ISSUED as to William Crouch, Cynthia Beane, West Virginia Department of Health and Humane Resources, Bureau for Medical Services, Ted Cheatham, The Health Plan of West Virginia, Inc., 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 for Cynthia Beane, # 2 Summons for DHHR, Bureau for Medical Services, # 3 Summons for Ted Cheatham, # 4 Summons for The Health Plan of West Virginia, Inc.) (hkl)	Nov. 12, 2020	Nov. 12, 2020 PACER
	CASE assigned to Judge Robert C. Chambers. (klc)	Nov. 12, 2020	Nov. 12, 2020 PACER
	Case Assigned	Nov. 13, 2020	Nov. 13, 2020 PACER
4	STATEMENT OF VISITING ATTORNEY from Nora Huppert on behalf of Zachary Martell, Christopher Fain, Brian McNemar. Local counsel: Walt Auvil. Fee $50.00. Receipt # AWVSDC-7802438. (Auvil, Walt)	Nov. 16, 2020	Nov. 16, 2020 PACER
5	STATEMENT OF VISITING ATTORNEY from Avatara Smith-Carrington on behalf of Zachary Martell, Christopher Fain, Brian McNemar. Local counsel: Walt Auvil. Fee $50.00. Receipt # AWVSDC-7802483. (Auvil, Walt)	Nov. 16, 2020	Nov. 16, 2020 PACER
6	STATEMENT OF VISITING ATTORNEY from Nicole J. Schladt on behalf of Zachary Martell, Christopher Fain, Brian McNemar. Local counsel: Walt Auvil. Fee $50.00. Receipt # AWVSDC-7802487. (Auvil, Walt)	Nov. 16, 2020	Nov. 16, 2020 PACER
7	STATEMENT OF VISITING ATTORNEY from Anna P. Prakash on behalf of Zachary Martell, Christopher Fain, Brian McNemar. Local counsel: Walt Auvil. Fee $50.00. Receipt # AWVSDC-7802496. (Auvil, Walt)	Nov. 16, 2020	Nov. 16, 2020 PACER
8	STATEMENT OF VISITING ATTORNEY from Tara L. Borelli on behalf of Zachary Martell, Christopher Fain, Brian McNemar. Local counsel: Walt Auvil. Fee $50.00. Receipt # AWVSDC-7802498. (Auvil, Walt)	Nov. 16, 2020	Nov. 16, 2020 PACER
9	STATEMENT OF VISITING ATTORNEY from Sasha J. Buchert on behalf of Zachary Martell, Christopher Fain, Brian McNemar. Local counsel: Walt Auvil. Fee $50.00. Receipt # AWVSDC-7802501. (Auvil, Walt)	Nov. 16, 2020	Nov. 16, 2020 PACER
10	SUMMONS RETURNED EXECUTED for William Crouch, William Crouch served on 11/18/2020, answer due 12/9/2020. Summons served on April Robertson.(Auvil, Walt) (Modified on 11/24/2020 to add the name of the person served and the summons as an attachment) (mkw). (Additional attachment added on 11/24/2020: # 1 Summons) (mkw).	Nov. 24, 2020	Nov. 24, 2020 PACER
11	SUMMONS RETURNED EXECUTED for Cynthia Beane, Cynthia Beane served on 11/18/2020, answer due 12/9/2020. Summons served on April Robertson. (Auvil, Walt) (Modified on 11/24/2020 to add the name of the person served and to add a copy of the summons as an attachment) (mkw). (Additional attachment) added on 11/24/2020: # 1 Summons) (mkw).	Nov. 24, 2020	Nov. 24, 2020 PACER
12	SUMMONS RETURNED EXECUTED for Ted Cheatham, Ted Cheatham served on 11/18/2020, answer due 12/9/2020. Summons served on Thomas Miller. (Auvil, Walt) (Modified on 11/24/2020 to add the name of the person served and a copy of the summons as an attachment) (mkw). (Additional attachment added on 11/24/2020: # 1 Summons) (mkw).	Nov. 24, 2020	Nov. 24, 2020 PACER
13	SUMMONS RETURNED EXECUTED for West Virginia Department of Health and Human Resources, Bureau for Medical Services, West Virginia Department of Health and Humane Resources, Bureau for Medical Services served on 11/18/2020, answer due 12/9/2020. Summons served on April Robertson.(Auvil, Walt) Modified on 11/24/2020 to add the name of the person served and a copy of the summons as an attachment) (mkw). (Additional attachment added on 11/24/2020: # 1 Summons) (mkw).	Nov. 24, 2020	Nov. 24, 2020 PACER
14	SUMMONS ACCEPTED FOR SERVICE BY SECRETARY OF STATE on 11/20/2020 as to The Health Plan of West Virginia, Inc.. Certified Mail Number: 92148901125134100002961036. (jsa)	Nov. 30, 2020	Nov. 30, 2020 PACER
15	NOTICE OF ATTORNEY APPEARANCE by Eric Salyers on behalf of Ted Cheatham. (Salyers, Eric)	Dec. 1, 2020	Dec. 1, 2020 PACER
16	STIPULATION REGARDING ANSWER DEADLINE by Ted Cheatham, Christopher Fain, Zachary Martell, Brian McNemar, re: 1 Complaint; the parties stipulate and agree that the Answer or response to the Complaint has been extended to January 11, 2021 to Respond to Complaint. (Salyers, Eric) (Modified on 12/3/2020 to add party filers and to add link to #1 complaint) (mkw).	Dec. 2, 2020	Dec. 2, 2020 RECAP
17	NOTICE OF APPEARANCE by Stuart A. McMillan and Aaron C. Boone on behalf of The Health Plan of West Virginia, Inc. and STIPULATION FOR EXTENSION OF TIME TO RESPOND TO PLAINTIFFS' COMPLAINT by The Health Plan of West Virginia, Inc., Christopher Fain, Zachary Martell, Brian McNemar; the parties stipulate and agree that Defendant The Health Plan of West Virginia, Inc. may respond to Plaintiffs' 1 Complaint by 1/11/2021. (McMillan, Stuart) (Modified on 12/7/2020 to add party filers and to add link to #1 complaint) (mkw).	Dec. 7, 2020	Dec. 7, 2020 PACER
18	ENTRY REMOVED; DUPLICATE ENTRY. (McMillan, Stuart) (Modified on 12/7/2020 to remove duplicate entry). (mkw).	Dec. 7, 2020	Dec. 7, 2020 PACER
	NOTICE OF DOCKET CORRECTION re: 18 NOTICE OF APPEARANCE AND STIPULATION FOR EXTENSION OF TIME TO RESPOND TO PLAINTIFFS' COMPLAINT. Error: Entry is a duplicate entry of docket entry #17; Correction: Removed duplicate entry. (mkw)	Dec. 7, 2020	Dec. 7, 2020 PACER
	RESET DEADLINE: The Health Plan of West Virginia, Inc. answer due 1/11/2021. (mkw)	Dec. 7, 2020	Dec. 7, 2020 PACER
	Stipulation Extending Time	Dec. 7, 2020	Dec. 7, 2020 PACER
	Notice Of Docket Correction	Dec. 7, 2020	Dec. 7, 2020 PACER
19	STIPULATION EXTENDING TIME FOR DHHR DEFENDANTS TO ANSWER THE COMPLAINT by Christopher Fain, Zachary Martell, Brian McNemar, Cynthia Beane, William Crouch, West Virginia Department of Health and Human Resources, Bureau for Medical Services; re: 1 Complaint; by agreement, the responsive pleading will be due on 1/11/2021. (Cyrus, Lou) (Modified on 12/9/2020 to add party filers and add link to #1 complaint) (mkw).	Dec. 9, 2020	Dec. 9, 2020 RECAP
	RESET DEADLINE: Cynthia Beane, William Crouch, West Virginia Department of Health and Human Resources, Bureau for Medical Services answers due 1/11/2021. (mkw)	Dec. 9, 2020	Dec. 9, 2020 PACER
20	MOTION by The Health Plan of West Virginia, Inc. to Dismiss With Prejudice, re: 1 Complaint. (McMillan, Stuart) (Modified on 1/11/2021 to add link to #1 complaint) (mkw).	Jan. 11, 2021	Jan. 11, 2021 RECAP
21	MEMORANDUM by The Health Plan of West Virginia, Inc. in support of 20 MOTION by The Health Plan of West Virginia, Inc. to Dismiss With Prejudice, re: 1 Complaint. (McMillan, Stuart) (Modified on 1/11/2021 to add link to #1 complaint) (mkw).	Jan. 11, 2021	Jan. 11, 2021 RECAP
22	MOTION by Ted Cheatham to Dismiss With Prejudice, re: 1 Complaint. (Attachment: # 1 Exhibit A)(Oxley, Perry) 1 Exhibit A View on PACER	Jan. 11, 2021	Jan. 11, 2021 PACER
23	MOTION by Cynthia Beane, William Crouch, West Virginia Department of Health and Human Resources, Bureau for Medical Services for Partial Dismissal, re: 1 Class Action Complaint. (Cyrus, Lou) (Modified on 1/11/2021 to add link to #1 complaint) (mkw).	Jan. 11, 2021	Jan. 11, 2021 RECAP
24	MEMORANDUM OF LAW by Ted Cheatham in support of 22 MOTION by Ted Cheatham to Dismiss With Prejudice re: 1 Complaint. (Oxley, Perry)	Jan. 11, 2021	Jan. 11, 2021 RECAP
25	MEMORANDUM OF LAW by Cynthia Beane, William Crouch, West Virginia Department of Health and Human Resources, Bureau for Medical Services in support of 23 MOTION by Cynthia Beane, William Crouch, West Virginia Department of Health and Human Resources, Bureau for Medical Services for Partial Dismissal, re: 1 Class Action Complaint. (Cyrus, Lou) (Modified on 1/11/2021 to add link to #1 complaint) (mkw).	Jan. 11, 2021	Jan. 11, 2021 RECAP
26	ANSWER TO 1 Complaint by Cynthia Beane, William Crouch, West Virginia Department of Health and Human Resources, Bureau for Medical Services; Jury demand. (Cyrus, Lou)	Jan. 11, 2021	Jan. 11, 2021 RECAP
27	ORDER AND NOTICE: Rule 12(b) Motions 2/2/2021. Rule 26(f) Meeting 2/16/2021. Last day to file report of Rule 26(f) Meeting 2/22/2021. Scheduling/status Conference at 11:30 AM on 3/8/2021 in Huntington. Entry of Scheduling Order 3/15/2021. Last Day to make Rule 26(a)(1) disclosures 3/22/2021. Signed by Judge Robert C. Chambers on 1/13/2021. (cc: counsel of record; any unrepresented parties) (hkl)	Jan. 13, 2021	Jan. 13, 2021 RECAP
28	STATEMENT OF VISITING ATTORNEY from Carl S. Charles on behalf of Christopher Fain.. Fee $50.00. Receipt # AWVSDC-7857503. (Auvil, Walt)	Jan. 20, 2021	Jan. 20, 2021 PACER
29	CONSENT MOTION by Christopher Fain, Zachary Martell, Brian McNemar to Extend Time for Response to Defendants' 20, 22, and 23 Motions to Dismiss to 02/15/2021. (Auvil, Walt) (Modified on 1/20/2021 to add party filers and to add link to #20, #22 and #23 motions) (mkw).	Jan. 20, 2021	Jan. 20, 2021 RECAP
30	ORDER granting Plaintiffs' 29 CONSENT MOTION to Extend Time for Response to Defendants' 20, 22, 23 Motions to Dismiss; extending Plaintiffs' time to respond by an additional 21 days. Signed by Judge Robert C. Chambers on 1/22/2021. (cc: counsel of record; any unrepresented parties) (hkl)	Jan. 22, 2021	Jan. 22, 2021 PACER
31	DISCLOSURE STATEMENT PURSUANT TO RULE 7.1, Federal Rules of Civil Procedure, by Defendant The Health Plan of West Virginia, Inc. (McMillan, Stuart)	Feb. 2, 2021	Feb. 2, 2021 RECAP
32	MOTION by Cynthia Beane, William Crouch, West Virginia Department of Health and Human Resources, Bureau for Medical Services to Dismiss With Prejudice, re: 1 Complaint. (Attachments: # 1 Exhibit A, Affidavit of Angela Wowczuk with Fax Redacted, # 2 Exhibit B, Affidavit of Brian Thompson, # 3 Exhibit C, Affidavit of Unicare)(Cyrus, Lou) (Modified on 2/2/2021 to add link to #1 complaint) (mkw). 1 Exhibit A, Affidavit of Angela Wowczuk with Fax Redacted View on PACER 2 Exhibit B, Affidavit of Brian Thompson View on PACER 3 Exhibit C, Affidavit of Unicare View on PACER	Feb. 2, 2021	Feb. 2, 2021 PACER
33	MEMORANDUM OF LAW by Cynthia Beane, William Crouch, West Virginia Department of Health and Human Resources, Bureau for Medical Services in support of 32 MOTION by Cynthia Beane, William Crouch, West Virginia Department of Health and Human Resources, Bureau for Medical Services to Dismiss With Prejudice. (Cyrus, Lou)	Feb. 2, 2021	Feb. 2, 2021 RECAP
34	CONSENT MOTION by Christopher Fain, Zachary Martell, Brian McNemar to Extend Time and File Combined Brief for Response to 32 Motion to Dismiss Filed by Defendants Crouch, Beane, and West Virginia Department of Health and Human Resources to 03/02/21. (Auvil, Walt) (Modified on 2/10/2021 to add link to #32 motion) (mkw).	Feb. 10, 2021	Feb. 10, 2021 RECAP
35	ORDER granting Plaintiffs' 34 CONSENT MOTION to Extend Time and File Combined Brief for Response to Motions to Dismiss Filed by Defendants Crouch, Beane, and West Virginia Department of Health and Human Resources; Plaintiffs' collective response in opposition to the 23 and 32 MOTIONS is due on 3/2/2021, and shall total not more than 40 pages in length. Signed by Judge Robert C. Chambers on 2/11/2021. (cc: counsel of record; any unrepresented parties) (jsa)	Feb. 11, 2021	Feb. 11, 2021 RECAP
36	JOINT MOTION by Brian Mcnemar, Zachary Martell, Ted Cheatham, to Dismiss Without Prejudice Affordable Care Act Claim against Defendant Ted Cheatham, re: 1 Complaint. (Auvil, Walt) (Modified on 2/15/2021 to remove party filer and add correct party filers and to add link to #1 complaint) ) (mkw).	Feb. 15, 2021	Feb. 15, 2021 RECAP
37	PROPOSED ORDER ORDER DISMISSING AFFORDABLE CARE ACT CLAIM AGAINST DEFENDANT TED CHEATHAM by Brian McNemar, Zachary Martell, Ted Cheatham (Auvil, Walt) (Modified on 2/15/2021 to remove party filer and to add correct party filers) (mkw).	Feb. 15, 2021	Feb. 15, 2021 RECAP
38	AMENDED MOTION by Brian McNemar, Zachary Martell, Ted Cheatham to Amend 36 JOINT MOTION by Brian Mcnemar, Zachary Martell, Ted Cheatham, to Dismiss Without Prejudice Affordable Care Act Claim against Defendant Ted Cheatham, re: 1 Complaint and 37 Proposed Order Dismissing Affordable Care Act Claim Against Defendant Ted Cheatham. (Attachments: # 1 Proposed Order Amended Proposed Order Dismissing Affordable Care Act Claim Against Ted Cheatham with Prejudice)(Auvil, Walt) (Modified on 2/15/2021 to remove party filer and add correct party filers) (mkw). 1 Proposed Order Amended Proposed Order Dismissing Affordable Care Act Claim Again View on PACER	Feb. 15, 2021	Feb. 15, 2021 PACER
39	RESPONSE by Christopher Fain, Zachary Martell, Brian McNemar in opposition to 20 MOTION by The Health Plan of West Virginia, Inc. to Dismiss With Prejudice, re: 1 Complaint. (Auvil, Walt) (Modified on 2/16/2021 to remove link to #21 memorandum) (mkw).	Feb. 16, 2021	Feb. 16, 2021 RECAP
40	OPPOSITION by Christopher Fain, Zachary Martell, Brian McNemar to 22 MOTION by Ted Cheatham to Dismiss With Prejudice, re: 1 Complaint. (Auvil, Walt) (Modified on 2/16/2021 to remove link to #24 memorandum) (mkw).	Feb. 16, 2021	Feb. 16, 2021 RECAP
41	ORDER granting the parties' 38 AMENDED JOINT MOTION to Dismiss Plaintiffs' Affordable Health Care Act Claim against Ted Cheatham; denying as moot the parties' original 36 JOINT MOTION to Dismiss; the claim by Plaintiffs Brian McNemar and Zachary Martell against Defendant Ted Cheatham in Count II of the Complaint is DISMISSED WITH PREJUDICE. Signed by Judge Robert C. Chambers on 2/17/2021. (cc: counsel of record; any unrepresented parties) (jsa)	Feb. 17, 2021	Feb. 17, 2021 Clearinghouse
42	JOINT MOTION by Christopher Fain, Brian McNemar, Zachary Martell, The Health Plan of West Virginia, Inc., Ted Cheatham, William Crouch, Cynthia Beane, West Virginia Department of Health and Human Resources, Bureau for Medical Services for Extension of Deadlines to Conduct Rule 26(F) Meeting and File Rule 26(F) Report. (Auvil, Walt) (Modified on 2/18/2021 to add party filers) (mkw).	Feb. 18, 2021	Feb. 18, 2021 RECAP
43	ORDER granting the parties' 42 JOINT MOTION for Extension of Deadlines to Conduct Rule 26(f) Meeting and File Rule 26(f) Report; directing that the Rule 26(f) meeting be completed within 14 days of the resolution of the pending motions to dismiss and that the Rule 26(f) report be filed within 30 days of the resolution of the pending motions to dismiss. Signed by Judge Robert C. Chambers on 2/18/2021. (cc: counsel of record; any unrepresented parties) (hkl)	Feb. 18, 2021	Feb. 18, 2021 RECAP
44	CERTIFICATE OF SERVICE by Christopher Fain, Zachary Martell, Brian McNemar for Rule 26(a)(1) Initial Disclosures. (Auvil, Walt) (Modified on 2/23/2021 to add party filers) (mkw).	Feb. 23, 2021	Feb. 23, 2021 PACER
45	REPLY by The Health Plan of West Virginia, Inc. to 39 Response In Opposition. (McMillan, Stuart)	Feb. 23, 2021	Feb. 23, 2021 RECAP
46	CERTIFICATE OF SERVICE by The Health Plan of West Virginia, Inc. for Rule 26(a)(1) Initial Disclosures. (McMillan, Stuart)	Feb. 23, 2021	Feb. 23, 2021 PACER
47	CERTIFICATE OF SERVICE by Cynthia Beane, William Crouch, West Virginia Department of Health and Human Resources, Bureau for Medical Services for Rule 26(a)(1) Initial Disclosures. (Bandy, Kimberly)	Feb. 23, 2021	Feb. 23, 2021 PACER
48	REPLY by Ted Cheatham to Plaintiffs' 40 Opposition. (Oxley, Perry)	Feb. 23, 2021	Feb. 23, 2021 RECAP
49	CERTIFICATE OF SERVICE by Ted Cheatham for Rule 26(a)(1) Initial Disclosures. (Oxley, Perry)	Feb. 23, 2021	Feb. 23, 2021 PACER
50	COMBINED OPPOSITION by Christopher Fain to 23 MOTION by Cynthia Beane, William Crouch, West Virginia Department of Health and Human Resources, Bureau for Medical Services for Partial Dismissal, re: 1 Class Action Complaint and 32 MOTION by Cynthia Beane, William Crouch, West Virginia Department of Health and Human Resources, Bureau for Medical Services to Dismiss With Prejudice, re: 1 Complaint. (Auvil, Walt)	March 2, 2021	March 2, 2021 RECAP
51	CONSENT MOTION by Cynthia Beane, William Crouch, West Virginia Department of Health and Human Resources, Bureau for Medical Services to Extend Time to File Reply to Plaintiff's 50 Combined Opposition to March 19, 2021. (Bandy, Kimberly)	March 5, 2021	March 5, 2021 RECAP
52	ORDER granting Defendants' 51 CONSENT MOTION to Extend Time to File Reply in Support of Motions Dismiss; extending the reply memorandum due date to 3/19/2021. Signed by Judge Robert C. Chambers on 3/8/2021. (cc: counsel of record; any unrepresented parties) (hkl)	March 8, 2021	March 8, 2021 RECAP
53	JOINT MOTION by Christopher Fain, Zachary Martell, Brian McNemar, Cynthia Beane, William Crouch, West Virginia Department of Health and Human Resources, Bureau for Medical Services for Extension of Deadline to File a Reply Brief as to 50 Combined Opposition by Christopher Fain to March 26, 2021. (Bandy, Kimberly) (Modified on 3/19/2021 to add party filers) (mkw).	March 19, 2021	March 19, 2021 RECAP
54	ORDER granting Defendants William Crouch, Cynthia Beane, and West Virginia Department of Health and Human Resources, Bureau for Medical Services' 53 JOINT MOTION to Extend Time to File Reply in Support of 23 and 32 MOTIONS to Dismiss; extending the reply memorandum due date to 3/26/2021. Signed by Judge Robert C. Chambers on 3/19/2021. (cc: counsel of record; any unrepresented parties) (jsa)	March 19, 2021	March 19, 2021 RECAP
55	REPLY by Cynthia Beane, William Crouch, West Virginia Department of Health and Human Resources, Bureau for Medical Services to Christopher Fain's 50 Combined Opposition. (Bandy, Kimberly)	March 26, 2021	March 26, 2021 RECAP
56	UNOPPOSED MOTION by Christopher Fain, Zachary Martell, Brian McNemar for Leave to File Sur-Reply in Opposition to Defendants' 32 Motion to Dismiss. (Attachments: # 1 Exhibit A to Motion to File Sur-Reply in Opposition to Defendant's Motion to Dismiss)(Auvil, Walt) (Modified on 4/5/2021 to add party filers) (mkw). (Modified on 4/5/2021 to add link to #32 motion) (mkw). 1 Exhibit A to Motion to file Sure Reply in Opposition to Defendant's View on PACER	April 5, 2021	April 5, 2021 PACER
57	MEMORANDUM OPINION AND ORDER denying 22 MOTION by Ted Cheatham to Dismiss With Prejudice, re: 1 Complaint; denying 23 MOTION by Cynthia Beane, William Crouch, West Virginia Department of Health and Human Resources, Bureau for Medical Services for Partial Dismissal, re: 1 Class Action Complaint; denying 32 MOTION by Cynthia Beane, William Crouch, West Virginia Department of Health and Human Resources, Bureau for Medical Services to Dismiss With Prejudice, re: 1 Complaint; granting 56 UNOPPOSED MOTION by Christopher Fain, Zachary Martell, Brian McNemar for Leave to File Sur-Reply in Opposition to Defendants' 32 Motion to Dismiss. Signed by Judge Robert C. Chambers on 5/19/2021. (cc: attys; any unrepresented party) (mkw)	May 19, 2021	May 19, 2021 Clearinghouse
58	UNOPPOSED MOTION by Christopher Fain, Zachary Martell, Brian McNemar for Leave to File Sur-Reply in Opposition to Defendants' 32 Motion to Dismiss and Exhibit A attached. (Auvil, Walt) (Modified on 5/19/2021 to add party filers) (mkw).	May 19, 2021	May 19, 2021 RECAP
59	ORDER denying as moot the second 58 UNOPPOSED MOTION by Christopher Fain, Zachary Martell, Brian McNemar for Leave to File Sur-Reply; directing Plaintiffs to file the signed Sur-Reply. Signed by Judge Robert C. Chambers on 5/20/2021. (cc: attys; any unrepresented parties) (mkw)	May 20, 2021	May 20, 2021 RECAP
60	SUR-REPLY by Christopher Fain, Zachary Martell, Brian McNemar in opposition to Defendants' 32 Motion to Dismiss. (Auvil, Walt) (Modified on 5/25/2021 to remove link to #56 motion and to add party filers) (mkw).	May 25, 2021	May 25, 2021 RECAP
61	STIPULATION REGARDING ANSWER DEADLINE by Ted Cheatham, Christopher Fain, Zachary Martell, Brian McNemar; the parties stipulate and agree the new deadline to Answer the 1 Complaint for Defendant Ted Cheatham, in his official capacity as Director of the West Virginia Public Employees Insurance Agency is now 6/16/2021. (Salyers, Eric) (Modified on 6/2/2021 to add party filers and to add link to #1 complaint) (mkw).	June 2, 2021	June 2, 2021 PACER
	RESET DEADLINE: Ted Cheatham answer due 6/16/2021 pursuant to the 61 Stipulation. (mkw)	June 2, 2021	June 2, 2021 PACER
62	ANSWER to 1 Complaint by Ted Cheatham; Jury demand. (Oxley, Perry)	June 17, 2021	June 17, 2021 RECAP
63	MEMORANDUM OPINION AND ORDER denying Defendant The Health Plan of West Virginia's 20 MOTION to Dismiss. Signed by Judge Robert C. Chambers on 6/28/2021. (cc: counsel of record; any unrepresented parties) (jsa)	June 28, 2021	June 28, 2021 Clearinghouse
64	NOTICE OF CHANGE OF ATTORNEY INFORMATION by Tara L. Borelli (Borelli, Tara). (Modified on 7/2/2021 to convert event to Notice of Change of Attorney Information) (mk).	July 2, 2021	July 2, 2021 PACER
65	CERTIFICATE OF SERVICE by Christopher Fain, Zachary Martell, Brian McNemar for Plaintiffs' First Set of Interrogatories, Request for Admissions, Request for Production of Documents and Things to Defendants William Crouch, Cynthia Beane, and West Virginia Department of Health and Human Resources, Bureau for Medical Services. (Auvil, Walt)	July 9, 2021	July 9, 2021 PACER
66	CERTIFICATE OF SERVICE by Christopher Fain, Zachary Martell, Brian McNemar for Plaintiffs' First Set of Interrogatories, Request for Admissions, Request for Production of Documents and Things to Defendant The Health Plan of West Virginia. (Auvil, Walt)	July 9, 2021	July 9, 2021 PACER
67	CERTIFICATE OF SERVICE by Christopher Fain, Zachary Martell, Brian McNemar for Plaintiffs' First Set of Interrogatories, Request for Admissions, Request for Production of Documents and Things to Defendant Ted Cheatham. (Auvil, Walt)	July 9, 2021	July 9, 2021 PACER
68	STIPULATION REGARDING ANSWER DATE FOR DEFENDANT THE HEALTH PLAN OF WEST VIRGINIA, INC. by Christopher Fain, Zachary Martell, Brian McNemar, The Health Plan of West Virginia, Inc.; said parties stipulate that the date by which said Defendant must answer the 1 Complaint is hereby extended to, and including, 7/23/2021. (Boone, Aaron) (Modified on 7/12/2021 to add party filers) (mkw).	July 12, 2021	July 12, 2021 PACER
	Set Deadlines/Hearings	July 12, 2021	July 12, 2021 PACER
	RESET DEADLINE: The Health Plan of West Virginia, Inc. answer due 7/23/2021. (mkw)	July 12, 2021	July 12, 2021 PACER
69	AMENDED CERTIFICATE OF SERVICE by Christopher Fain, Zachary Martell, Brian McNemar for Plaintiff's First Set of Request for Admissions, Requests for Production of Documents and Things, and Interrogatories to Defendant Ted Cheatham. (Auvil, Walt)	July 21, 2021	July 21, 2021 PACER
70	AMENDED CERTIFICATE OF SERVICE by Christopher Fain, Zachary Martell, Brian McNemar for Plaintiff's First Set of Request for Admissions, Requests for Production of Documents and Things, and Interrogatories to Defendant The Health Plan of WV. (Auvil, Walt)	July 21, 2021	July 21, 2021 PACER
71	AMENDED CERTIFICATE OF SERVICE by Christopher Fain, Zachary Martell, Brian McNemar for Plaintiff's First Set of Requests for Admissions, Requests for Production of Documents and Things, and Interrogatories to Defendant W. Crouch, C. Beane and WVDHH - WV Medicaid. (Auvil, Walt)	July 21, 2021	July 21, 2021 PACER
72	STIPULATION REGARDING ANSWER DATE FOR DEFENDANT THE HEALTH PLAN OF WEST VIRGINIA, INC. re: 1 Complaint to 7/30/2021 by The Health Plan of West Virginia, Inc., Christopher Fain, Zachary Martell, Brian McNemar. (Boone, Aaron) (Modified on 7/23/2021 to add party filers) (kew).	July 23, 2021	July 23, 2021 PACER
73	RULE 26(f) REPORT OF PLANNING MEETING by Christopher Fain, Zachary Martell, Brian McNemar, Cynthia Beane, Ted Cheatham, William Crouch, The Health Plan of West Virginia, Inc., West Virginia Department of health and Human Resources, Bureau for Medical Services. (Auvil, Walt) (Modified on 7/28/2021 to add party filers) (mkw).	July 28, 2021	July 28, 2021 RECAP
74	ANSWER to 1 Complaint by The Health Plan of West Virginia, Inc.; Jury demand. (Boone, Aaron)	July 30, 2021	July 30, 2021 RECAP
75	SCHEDULING ORDER: Joinder of Parties, amended pleadings due by 10/8/2021. Discovery requests to be completed by 10/18/2021. Fact discovery shall be completed by 12/1/2021. The expert discovery deadline is 4/29/2022. The last date on which to take a discovery deposition is 45 days after the last date to serve discovery requests. Expert Witness List by parties bearing the burden of proof due by 1/14/2022, by party not bearing burden of proof due by 2/15/2022, and to solely contradict or rebut evidence due by 3/15/2022. Settlement Meeting by 12/15/2021; scheduling a conference for 5/16/2022 at 11:00 a.m. in Huntington to determine the need for Fed. R. Civ. P. 26(a)(3) disclosures and the balance of the schedule. Signed by Judge Robert C. Chambers on 8/6/2021. (cc: counsel of record; any unrepresented parties) (jsa)	Aug. 6, 2021	Aug. 6, 2021 RECAP
76	STIPULATION FOR EXTENSION OF CASE DEADLINES by Christopher Fain, Zachary Martell, Brian McNemar, William Crouch, Cynthia Beane, West Virginia Department of Health and Human Resources, Bureau for Medical Services, Ted Cheatham, The Health Plan of West Virginia, Inc.; the parties stipulate that the deadline to file: 1. An agreed upon ESI Protocol; 2. An agreed upon format for production; 3. An agreed upon Protective Order; 4. An Order Governing the Inadvertent Disclosure of Documents or Other Material; and 5. An Order Setting Deposition Protocol is extended to, and including, 8/20/2021. (Auvil, Walt) (Modified on 8/13/2021 to add party filers) (mkw).	Aug. 13, 2021	Aug. 13, 2021 RECAP
77	MOTION by Christopher Fain, Zachary Martell, Brian McNemar for Entry of a Partial ESI Protocol, Protective Order, Deposition Protocol Order, 502(D) Clawback Order, and Order Regarding Virtual Depositions. (Attachments: # 1 Declaration, # 2 Proposed Order, # 3 Exhibit 1, # 4 Exhibit 2-Proposed Protective Order, # 5 Exhibit 3-Proposed Order Setting Deposition Protocol, # 6 Exhibit 4-Proposed Agreed Order Governing the Inadvertent Disclosure of Documents, # 7 Exhibit 5-Stipulation for Virtual Depositions)(Auvil, Walt) 1 Declaration View on PACER 2 Proposed Order View on PACER 3 Exhibit 1 View on PACER 4 Exhibit 2-Protective Order View on PACER 5 Exhibit 3-Order Setting Deposition Protocol View on PACER 6 Exhibit 4-Agreed Order Governing the Inadvertent Disclosure of Documents View on PACER 7 Exhibit 5-Stipulation for Virtual Depositions View on PACER	Aug. 20, 2021	Aug. 20, 2021 RECAP
	Motions Referred	Aug. 20, 2021	Aug. 20, 2021 PACER
78	RESPONSE by Cynthia Beane, William Crouch, West Virginia Department of Health and Human Resources, Bureau for Medical Services in opposition to 77 MOTION by Christopher Fain, Zachary Martell, Brian McNemar for Entry of a Partial ESI Protocol, Protective Order, Deposition Protocol Order, 502(D) Clawback Order, and Order Regarding Virtual Depositions (Bandy, Kimberly)	Aug. 20, 2021	Aug. 20, 2021 RECAP
	MOTION REFERRED to Magistrate Judge Cheryl A. Eifert: 77 MOTION by Christopher Fain, Zachary Martell, Brian McNemar for Entry of a Partial ESI Protocol, Protective Order, Deposition Protocol Order, 502(D) Clawback Order, and Order Regarding Virtual Depositions. (mk)	Aug. 20, 2021	Aug. 20, 2021 PACER
	Motions Referred	Aug. 22, 2021	Aug. 22, 2021 PACER
79	CERTIFICATE OF SERVICE by Ted Cheatham for Defendant Ted Cheatham's Responses to Plaintiff's First Set of Interrogatories. (Oxley, Perry)	Aug. 23, 2021	Aug. 23, 2021 PACER
80	CERTIFICATE OF SERVICE by Ted Cheatham for Defendant Ted Cheatham's Responses to Plaintiff's First Set of Requests for Admissions. (Oxley, Perry)	Aug. 23, 2021	Aug. 23, 2021 PACER
81	CERTIFICATE OF SERVICE by Ted Cheatham for Defendant Ted Cheatham's Responses to Plaintiff's First Set of Requests for Production of Documents. (Oxley, Perry)	Aug. 23, 2021	Aug. 23, 2021 PACER
82	CERTIFICATE OF SERVICE by The Health Plan of West Virginia, Inc. for Answers to Plaintiffs' First Set of Interrogatories. (Boone, Aaron)	Aug. 24, 2021	Aug. 24, 2021 PACER
83	CERTIFICATE OF SERVICE by The Health Plan of West Virginia, Inc. for Responses to Plaintiffs' First Set of Requests for Production. (Boone, Aaron)	Aug. 24, 2021	Aug. 24, 2021 PACER
84	CERTIFICATE OF SERVICE by The Health Plan of West Virginia, Inc. for Answers to Plaintiffs' First Set of Requests for Admissions. (Boone, Aaron)	Aug. 24, 2021	Aug. 24, 2021 PACER
85	REPLY by Christopher Fain, Zachary Martell, Brian McNemar to 78 Response In Opposition. (Auvil, Walt)	Aug. 26, 2021	Aug. 26, 2021 PACER
86	CERTIFICATE OF SERVICE by Cynthia Beane, William Crouch, West Virginia Department of Health and Human Resources, Bureau for Medical Services for Responses to Plaintiff's First Set of Interrogatories. (Cyrus, Lou)	Aug. 27, 2021	Aug. 27, 2021 PACER
87	CERTIFICATE OF SERVICE by Cynthia Beane, William Crouch, West Virginia Department of Health and Human Resources, Bureau for Medical Services for Responses to Plaintiff's First Requests for Production. (Cyrus, Lou)	Aug. 27, 2021	Aug. 27, 2021 PACER