Case: Kansas v. United States of America

COMPLAINT against Centers for Medicare & Medicaid Services, United States of America (Filing fee $405, receipt number 100002401) filed by Ohio, State of, Idaho, State of, Nebraska, State of, South Carolina, State of, Kansas, State of, Alabama, State of, Commonwealth of Virginia, Tennessee, State of, Indiana, State of, Missouri, State of, Montana, State of, North Dakota, State of, South Dakota, State of, Iowa, State of, New Hampshire, State of. (Attachments: # 1 Civil Cover Sheet)(mf) (Entered: 08/08/2024)

1 Civil Cover Sheet

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NOTICE of Direct Assignment as to Kansas, State of. Consent/Reassignment Form due by 8/22/2024. (mf) (Entered: 08/08/2024)

NOTICE of Direct Assignment as to North Dakota, State of. Consent/Reassignment Form due by 8/22/2024. (mf) (Entered: 08/08/2024)

NOTICE of Direct Assignment as to Idaho, State of. Consent/Reassignment Form due by 8/22/2024. (mf) (Entered: 08/08/2024)

NOTICE of Direct Assignment as to Iowa, State of. Consent/Reassignment Form due by 8/22/2024. (mf) (Entered: 08/08/2024)

NOTICE of Direct Assignment as to Missouri, State of. Consent/Reassignment Form due by 8/22/2024. (mf) (Entered: 08/08/2024)

NOTICE of Direct Assignment as to Montana, State of. Consent/Reassignment Form due by 8/22/2024. (mf) (Entered: 08/08/2024)

NOTICE of Direct Assignment as to Nebraska, State of. Consent/Reassignment Form due by 8/22/2024. (mf) (Entered: 08/08/2024)

NOTICE of Direct Assignment as to New Hampshire, State of. Consent/Reassignment Form due by 8/22/2024. (mf) (Entered: 08/08/2024)

NOTICE of Direct Assignment as to South Carolina, State of. Consent/Reassignment Form due by 8/22/2024. (mf) (Entered: 08/08/2024)

NOTICE of Direct Assignment as to Tennessee, State of. Consent/Reassignment Form due by 8/22/2024. (mf) (Entered: 08/08/2024)

NOTICE of Direct Assignment as to Commonwealth of Virginia. Consent/Reassignment Form due by 8/22/2024. (mf) (Entered: 08/08/2024)

Summons Issued as to Centers for Medicare & Medicaid Services, United States of America, U.S. Attorney and U.S. Attorney General (mf) (Entered: 08/08/2024)

CONSENT/REASSIGNMENT FORM by North Dakota, State of. (mf) (Entered: 08/09/2024)

(Text Only) ORDER REASSIGNING CASE by Chief Judge Peter D. Welte. Case reassigned to Judge Daniel M. Traynor, as presiding judge, and Magistrate Judge Clare R. Hochhalter, as referral judge for all further proceedings. Magistrate Judge Clare R. Hochhalter no longer assigned as presiding judge. (mf) (Entered: 08/09/2024)

CONSENT/REASSIGNMENT FORM by Nebraska, State of. (jb) (Entered: 08/09/2024)

CONSENT/REASSIGNMENT FORM by Iowa, State of. (jb) (Entered: 08/09/2024)

CONSENT/REASSIGNMENT FORM by Idaho, State of. (jb) (Entered: 08/09/2024)

CONSENT/REASSIGNMENT FORM by Commonwealth of Virginia. (jb) (Entered: 08/09/2024)

MOTION to Appear Pro Hac Vice Attorney Robert M. Overing (Filing fee $150, receipt number ANDDC-2963026) by Alabama, State of. (Overing, Robert) Modified to add receipt number on 8/9/2024 (sc). (Entered: 08/09/2024)

CONSENT/REASSIGNMENT FORM by Kansas, State of. (jb) (Entered: 08/09/2024)

(Text Only) ORDER by Magistrate Judge Clare R. Hochhalter granting 20 Motion to Appear Pro Hac Vice for Attorney Robert M. Overing. (sc) (Entered: 08/09/2024)

NOTICE of Appearance by James A. Barta on behalf of Indiana, State of (Barta, James) (Entered: 08/09/2024)

NOTICE of Appearance by Clifton E Katz on behalf of South Dakota, State of (Katz, Clifton) (Entered: 08/09/2024)

CONSENT/REASSIGNMENT FORM by South Carolina, State of. (cjs) (Entered: 08/15/2024)

NOTICE of Appearance by Thomas Elliot Gaiser on behalf of Ohio, State of (Gaiser, Thomas) (Entered: 08/26/2024)

FIRST AMENDED COMPLAINT against Centers for Medicare & Medicaid Services, United States of America filed by Ohio, State of, Idaho, State of, Nebraska, State of, South Carolina, State of, Kansas, State of, Alabama, State of, Commonwealth of Virginia, Tennessee, State of, Indiana, State of, Missouri, State of, Montana, State of, North Dakota, State of, South Dakota, State of, Iowa, State of, New Hampshire, State of, Commonwealth of Kentucky, Texas, State of, Florida, State of, Arkansas, State of.(cjs) (Entered: 08/28/2024)

MOTION to Appear Pro Hac Vice Attorney Zachary M Zimmerer (Filing fee $150, receipt number ANDDC-2974277) by Commonwealth of Kentucky. (Zimmerer, Zachary) Modified to add receipt number on 8/28/2024 (sc). (Entered: 08/28/2024)

(Text Only) ORDER by Magistrate Judge Clare R. Hochhalter granting 28 Motion to Appear Pro Hac Vice for Attorney Zachary M. Zimmerer. (sc) (Entered: 08/28/2024)

NOTICE of Appearance by Nicholas J. Bronni on behalf of Arkansas, State of (Bronni, Nicholas) (Entered: 08/28/2024)

NOTICE of Appearance by Natalie Christmas on behalf of Florida, State of (Christmas, Natalie) (Entered: 08/29/2024)

MOTION to Appear Pro Hac Vice Attorney David Bryant (Filing fee $150, receipt number ANDDC-2975205) by Texas, State of. (Bryant, Monroe) Modified on 8/29/2024 to add receipt number (mf) (Entered: 08/29/2024)

MOTION to Appear Pro Hac Vice Attorney Munera Al-Fuhaid (Filing fee $150, receipt number ANDDC-2975211) by Texas, State of. (Al-Fuhaid, Munera) Modified on 8/29/2024 to add receipt number (mf) (Entered: 08/29/2024)

(Text Only) ORDER by Magistrate Judge Clare R. Hochhalter granting 32 Motion to Appear Pro Hac Vice for Attorney M. David Bryant; granting 33 Motion to Appear Pro Hac Vice for Attorney Munera Al-Fuhaid (mf) (Entered: 08/29/2024)

MOTION for Preliminary Injunction by Kansas, State of. (Attachments: # 1 Exhibit 1: Declaration of Steven Camarota, # 2 Exhibit 2: Declaration of Adam M. Meier )(Kambli, Abhishek) Modified to add more complete attachment descriptions on 9/3/2024 (sc). (Entered: 08/30/2024)

1 Exhibit 1: Declaration of Steven Camarota

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2 Exhibit 2: Declaration of Adam M. Meier

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MOTION to Stay by Kansas, State of. See document 35 . (jb) (Entered: 09/26/2024)

*RESTRICTED - WRONG EVENT SELECTED* SUMMONS Returned Executed by Kansas, State of. Kansas, State of served on 8/30/2024, answer due 9/20/2024 (Rodriguez, James) Modified on 9/4/2024 to restrict access. (jb) (Entered: 09/03/2024)

*RESTRICTED - WRONG EVENT SELECTED* SUMMONS Returned Executed by Kansas, State of. United States of America served on 8/30/2024, answer due 9/20/2024 (Rodriguez, James) Modified on 9/4/2024 to restrict access. (jb) (Entered: 09/03/2024)

*RESTRICTED - WRONG EVENT SELECTED* SUMMONS Returned Executed by Kansas, State of. Centers for Medicare & Medicaid Services served on 8/30/2024, answer due 9/20/2024 (Rodriguez, James) Modified on 9/4/2024 to restrict access. (jb) (Entered: 09/03/2024)

SUMMONS Returned Executed by Kansas, State of. Centers for Medicare & Medicaid Services served on 8/30/2024, answer due 10/29/2024; United States of America served on 8/30/2024, answer due 10/29/2024. (jb) (Entered: 09/04/2024)

DOCKET CORRECTION re: 35 MOTION for Preliminary Injunction. Clerk's Office added more complete attachment descriptions. (sc)

Deadlines Terminated. Answer Due Date terminated for Kansas, State of, and United States of America. To be reset. (rh)

Deadlines Terminated. Answer Due Date terminated for Centers for Medicare and Medicaid Services. To be reset. (rh)

DOCKET CORRECTION re: 36 Summons Returned Executed, 37 Summons Returned Executed, and 38 Summons Returned Executed. Wrong event selected. Clerk's office restricted access to documents and re-filed as Summons Returned Executed as to USA at 39 . (jb)

DOCKET CORRECTION re: 36 Summons Returned Executed, 37 Summons Returned Executed, and 38 Summons Returned Executed. Wrong event selected. Clerk's office restricted access to documents and re-filed as Summons Returned Executed as to USA at 39. (jb)

CONSENT/REASSIGNMENT FORM by Texas, State of. (cjs) (Entered: 09/05/2024)

NOTICE of Appearance by Christopher A. Eiswerth on behalf of All Defendants (Eiswerth, Christopher) (Entered: 09/06/2024)

MOTION for Entry of Briefing Schedule re 35 MOTION for Preliminary Injunction (JOINT), MOTION for Leave to File Excess Pages (JOINT) by Centers for Medicare & Medicaid Services, United States of America. (Attachments: # 1 Proposed Order)(Eiswerth, Christopher) (Entered: 09/06/2024)

1 Proposed Order

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MOTION for Hearing (Joint Motion) by Kansas, State of. (Kambli, Abhishek) Modified on 9/10/2024 to correct motion relief. (jb) (Entered: 09/09/2024)

(Text Only) ORDER by Judge Daniel M. Traynor granting 42 Motion for Entry of Briefing Schedule. Defendants' Response due on or before September 25, 2024, Plaintiffs' Reply due on or before October 9, 2024; granting 42 Motion for Leave to File Excess Pages. Defendants' Response shall not exceed 30 pages, Plaintiffs' Reply shall not exceed 15 pages; granting 43 Motion for Hearing. Motion for a Stay and Preliminary Injunction Hearing set for 10/15/2024 at 02:30 PM in Bismarck Courtroom 1 before Judge Daniel M. Traynor. (TL) (Entered: 09/10/2024)

DOCKET CORRECTION re: 43 Motion for Oral Argument (Miscellaneous Motion). Corrected motion relief from Miscellaneous Motion (Motion for Oral Argument) to Motion for Hearing. (jb)

Set/Reset Deadlines as to 35 MOTION for Preliminary Injunction . Responses due by 9/25/2024 Replies due by 10/9/2024. (mf)

NOTICE of Appearance by Matthew Rozen on behalf of CASA, Inc., Hyun Kim, Claudia Moya Lopez, Dania Quezada Torres (Rozen, Matthew) (Entered: 09/20/2024)

NOTICE of Appearance by Betty Yang on behalf of CASA, Inc., Hyun Kim, Claudia Moya Lopez, Dania Quezada Torres (Yang, Betty) (Entered: 09/20/2024)

NOTICE of Appearance by John Matthew Butler on behalf of CASA, Inc., Hyun Kim, Claudia Moya Lopez, Dania Quezada Torres (Butler, John) (Entered: 09/20/2024)

Corporate Disclosure Statement by CASA, Inc.. (Rozen, Matthew) (Entered: 09/20/2024)

MOTION to Intervene by CASA, Inc., Hyun Kim, Claudia Moya Lopez, Dania Quezada Torres. (Attachments: # 1 Memorandum of Law In Support, # 2 Declaration of Hyun Kim, # 3 Declaration of Dania Quezada Torres, # 4 Declaration of Claudia Moya Lopez, # 5 Declaration of George Escobar)(Rozen, Matthew) (Entered: 09/20/2024)

1 Memorandum of Law In Support

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2 Declaration of Hyun Kim

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3 Declaration of Dania Quezada Torres

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4 Declaration of Claudia Moya Lopez

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5 Declaration of George Escobar

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MOTION to Transfer by CASA, Inc., Hyun Kim, Claudia Moya Lopez, Dania Quezada Torres. (Attachments: # 1 Memorandum of Law In Support)(Rozen, Matthew) (Entered: 09/20/2024)

1 Memorandum of Law In Support

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MOTION to Appear Pro Hac Vice Attorney Hilda Bonilla (Filing fee $150, receipt number ANDDC-2988993) by CASA, Inc., Hyun Kim, Claudia Moya Lopez, Dania Quezada Torres. (Bonilla, Hilda) Modified on 9/20/2024 to add receipt number (cjs). (Entered: 09/20/2024)

MOTION to Appear Pro Hac Vice Attorney Joanna Elise Cuevas Ingram (Filing fee $150, receipt number ANDDC-2989048) by CASA, Inc., Hyun Kim, Claudia Moya Lopez, Dania Quezada Torres. (Cuevas Ingram, Joanna) Modified on 9/20/2024 to add receipt number (mf) (Entered: 09/20/2024)

MOTION to Appear Pro Hac Vice Attorney Nicholas Espiritu (Filing fee $150, receipt number ANDDC-2989050) by CASA, Inc., Hyun Kim, Claudia Moya Lopez, Dania Quezada Torres. (Espiritu, Nicholas) Modified on 9/23/2024 to add receipt number (cjs). (Entered: 09/20/2024)

MOTION to Appear Pro Hac Vice Attorney Tanya Broder (Filing fee $150, receipt number ANDDC-2989054) by CASA, Inc., Hyun Kim, Claudia Moya Lopez, Dania Quezada Torres. (Broder, Tanya) Modified on 9/23/2024 to add receipt number (cjs). (Entered: 09/20/2024)

MOTION to Appear Pro Hac Vice Attorney Gabrielle Lessard (Filing fee $150, receipt number ANDDC-2989061) by CASA, Inc., Hyun Kim, Claudia Moya Lopez, Dania Quezada Torres. (Lessard, Gabrielle) Modified on 9/23/2024 to add receipt number (cjs). (Entered: 09/20/2024)

MOTION for Oral Argument Hearing by CASA, Inc., Hyun Kim, Claudia Moya Lopez, Dania Quezada Torres. See document 50 (mf) (Entered: 09/23/2024)

(Text Only) ORDER by Magistrate Judge Clare R. Hochhalter granting 52 Motion to Appear Pro Hac Vice for Attorney Joanna Elise Cuevas Ingram. (mf) (Entered: 09/23/2024)

(Text Only) ORDER by Magistrate Judge Clare R. Hochhalter granting 51 Motion to Appear Pro Hac Vice for Attorney Hilda Bonilla; granting 53 Motion to Appear Pro Hac Vice for Attorney Nicholas Espiritu; granting 54 Motion to Appear Pro Hac Vice for Attorney Tanya Broder; granting 55 Motion to Appear Pro Hac Vice for Attorney Gabrielle Lessard. (cjs) (Entered: 09/23/2024)

MOTION to Stay Briefing Deadlines in Relation to Proposed Intervenors' Motions by Kansas, State of. (Kambli, Abhishek) (Entered: 09/23/2024)

*FILED IN ERROR* DOCKET CORRECTION re: 50 Motion to Transfer. Multiple relief document filed as one relief. Clerk's Office filed Motion for Oral Argument Hearing at 58. (mf) Modified on 9/25/2024 to add file din error text. (mf)

DOCKET CORRECTION re: 50 Motion to Transfer. Multiple relief document filed as one relief. Clerk's Office filed Motion for Oral Argument Hearing at 58 . (mf)

*FILED IN ERROR* DOCKET CORRECTION re: 50 Motion to Transfer. Multiple relief document filed as one relief. Clerk's Office filed Motion for Oral Argument Hearing at 58 . (mf) Modified on 9/25/2024 to add file din error text. (mf)

*FILED IN ERROR* DOCKET CORRECTION re: 50 Motion to Transfer. Multiple relief document filed as one relief. Clerk's Office filed Motion for Oral Argument Hearing at 58 . (mf) Modified on 9/25/2024 to add filed in error text. (mf)

RESPONSE to Motion re 59 MOTION to Stay Briefing Deadlines in Relation to Proposed Intervenors' Motions filed by CASA, Inc., Hyun Kim, Claudia Moya Lopez, Dania Quezada Torres. (Rozen, Matthew) (Entered: 09/24/2024)

MOTION to Expedite Briefing Schedule by CASA, Inc., Hyun Kim, Claudia Moya Lopez, Dania Quezada Torres. See document 60 . (mf) (Entered: 09/27/2024)

RESPONSE to Motion re 35 MOTION for Preliminary Injunction, 63 Motion to Stay filed by Centers for Medicare & Medicaid Services, United States of America. (Eiswerth, Christopher) Modified on 9/26/2024 to add link. (jb) (Entered: 09/25/2024)

SUPPLEMENT Notice of Proposed Opposition to Plaintiffs' Motion for a Stay of the Final Rule and Preliminary Injunction (ECF No. 35) to document: 49 MOTION to Intervene by CASA, Inc., Hyun Kim, Claudia Moya Lopez, Dania Quezada Torres. (Attachments: # 1 Memorandum of Law)(Rozen, Matthew) Modified on 9/26/2024 to clean up docket text. (jb) (Entered: 09/25/2024)

1 Memorandum of Law In Opposition to Plaintiffs' Motion for a Stay of the Fi

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DOCKET CORRECTION re: 50 Motion to Transfer, 58 Motion for Oral Argument, 59 Motion to Stay, and 60 Response to Motion. All documents were filed prematurely. Clerk's Office restricted access to documents as the Motion to Intervene has not yet been granted. (mf)

DOCKET CORRECTION re: 50 Motion to Transfer, 58 Motion for Oral Argument, 59 Motion to Stay, and 60 Response to Motion. Clerk's Office restricted in error. (mf)

RESPONSE to Motion re 59 MOTION to Stay Briefing Deadlines in Relation to Proposed Intervenors' Motions 65 MOTION to Expedite filed by Centers for Medicare & Medicaid Services, United States of America. (Eiswerth, Christopher) Modified on 9/27/2024 to correct link (cjs). (Entered: 09/26/2024)

DOCKET CORRECTION re: 35 Motion for Preliminary Injunction. Multiple relief document filed as as one relief. Clerk's office filed Motion to Stay at 63 ; re: 61 Response to Motion. Clerk's office added link. (jb)

DOCKET CORRECTION re: 35 Motion for Preliminary Injunction. Multiple relief document filed as as one relief. Clerk's office filed Motion to Stay at 63; re: 61 Response to Motion. Clerk's office added link. (jb)

*RESTRICTED - WRONG EVENT SELECTED* MOTION to Stay re 65 MOTION to Expedite, 59 MOTION to Stay Briefing Deadlines in Relation to Proposed Intervenors' Motions, 60 Response to Motion Reply by Kansas, State of. (Rodriguez, James) Modified on 9/30/2024 to restrict access (mf) (Entered: 09/27/2024)

REPLY to Response to Motion re 59 MOTION to Stay Briefing Deadlines in Relation to Proposed Intervenors' Motions filed by Kansas, State of. (mf) (Entered: 09/30/2024)

DOCKET CORRECTION re: 64 Response to Motion. Clerk's Office corrected link. (cjs)

DOCKET CORRECTION re: 66 Motion to Stay. Wrong event selected. Clerk's office restricted access to document and re-filed as Reply to Response to Motion at 67 . (mf)

DOCKET CORRECTION re: 66 Motion to Stay. Wrong event selected. Clerk's office restricted access to document and re-filed as Reply to Response to Motion at 67. (mf)

NOTICE of Appearance by Joshua Paul Bohn on behalf of New Jersey, State of (Bohn, Joshua) (Main Document 68 replaced with non-fillable .pdf on 10/4/2024. NEF regenerated) (pb). (Entered: 10/01/2024)

DOCKET CORRECTION re: 39 ANSWER. Clerk's Office clarified docket text and added additional filer, Melissa M. Graftaas. (sl)

*RESTRICTED - FILED IN WRONG CASE* DOCKET CORRECTION re: 39 ANSWER. Clerk's Office clarified docket text and added additional filer, Melissa M. Graftaas. (sl) Modified on 10/29/2024 to restrict access. Re-filed in correct case. NEF regenerated (lf).

BRIEF re 61 Response to Motion Brief of Amicus Curiae in Support of Defendants' Opposition to Plaintiffs' Motion for Stay of the Final Rule and Preliminary Injunction by California, State of, Colorado, State of, Connecticut, State of, Delaware, State of, District of Columbia, Hawaii, State of, Illinois, State of, Maine, State of, Maryland, State of, Massachusetts, State of, Michigan, State of, Minnesota, State of, Nevada, State of, New Jersey, State of, New Mexico, State of, New York, State of, Oregon, State of, Rhode Island, State of, Vermont, State of, Washington, State of. (Bohn, Joshua) (Entered: 10/02/2024)

MOTION to Appear Pro Hac Vice (Filing fee $150, receipt number ANDDC-2995983) by American Cancer Society Cancer Action Network, American Lung Association, Epilepsy Foundation of America, Leukemia & Lymphoma Society, and Muscular Dystrophy Association. (Seel, Benjamin) Modified to add receipt number on 10/3/2024 (sl). (Entered: 10/02/2024)

MOTION to Appear Pro Hac Vice Attorney Robin F. Thurston (Filing fee $150, receipt number ANDDC-2995986) by American Cancer Society Cancer Action Network, American Lung Association, Epilepsy Foundation of America, Leukemia & Lymphoma Society, and Muscular Dystrophy Association. (Thurston, Robin) Modified to add receipt number on 10/3/2024 (sl). (Entered: 10/02/2024)

BRIEF re 61 Response to Motion Brief of Amicus Curiae in Support of Defendants' Opposition to Plaintiffs' Motion for Stay of the Final Rule and Preliminary Injunction by American Cancer Society Cancer Action Network, American Lung Association, Epilepsy Foundation of America, Leukemia & Lymphoma Society, Muscular Dystrophy Association. (Seel, Benjamin) (Entered: 10/02/2024)

(Text Only) ORDER by Magistrate Judge Clare R. Hochhalter granting 70 Motion to Appear Pro Hac Vice for Attorney Benjamin Seel and granting 71 Motion to Appear Pro Hac Vice for Robin Thurston. (sl) (Entered: 10/03/2024)

NOTICE by Centers for Medicare & Medicaid Services, United States of America of Supplemental Authority (Eiswerth, Christopher) (Entered: 10/03/2024)

MOTION for Hearing re 49 MOTION to Intervene, 50 MOTION to Transfer by CASA, Inc., Hyun Kim, Claudia Moya Lopez, Dania Quezada Torres. (Rozen, Matthew) Modified to correct motion relief and add links on 10/4/2024. NEF regenerated (pb). (Entered: 10/03/2024)

RESPONSE to Motion re 49 MOTION to Intervene filed by Centers for Medicare & Medicaid Services, United States of America. (Eiswerth, Christopher) (Entered: 10/04/2024)

RESPONSE to Motion re 49 MOTION to Intervene filed by Kansas, State of. (Rodriguez, James) (Entered: 10/04/2024)

DOCKET CORRECTION re: 75 MOTION. Wrong motion relief selected. Clerk's Office corrected motion relief from Miscellaneous Relief to MOTION for Hearing, added links, and regenerated the NEF. (pb)

MOTION to Appear Pro Hac Vice Attorney Kris W. Kobach (Filing fee $150, receipt number ANDDC-2999132) by Kansas, State of. (Kobach, Kris) Modified on 10/8/2024 to add receipt number (mf) (Entered: 10/08/2024)

(Text Only) ORDER by Magistrate Judge Clare R. Hochhalter granting 78 Motion to Appear Pro Hac Vice for Attorney Kris W. Kobach. (mf) (Entered: 10/08/2024)