Case: State of Kansas v. Becerra

1:24-cv-00110 | U.S. District Court for the Northern District of Iowa

Filed Date: Oct. 8, 2024

Case Ongoing

Clearinghouse coding complete

Case Summary

This case challenges national nursing home staffing and reporting requirements. Twenty states and several organizational plaintiffs collectively filed suit on October 8, 2024, in U.S. District Court for the Northern District of Iowa against the U.S. Department of Health and Human Services (DHHS) and the Secretary of DHHS, as well as the Centers for Medicare and Medicaid Services (CMS) and the Administrator of CMS. Plaintiffs set forth the following facts in their complaint: In February 2022, se…

This case challenges national nursing home staffing and reporting requirements. Twenty states and several organizational plaintiffs collectively filed suit on October 8, 2024, in U.S. District Court for the Northern District of Iowa against the U.S. Department of Health and Human Services (DHHS) and the Secretary of DHHS, as well as the Centers for Medicare and Medicaid Services (CMS) and the Administrator of CMS. Plaintiffs set forth the following facts in their complaint: In February 2022, seeking to establish minimum nursing home staffing requirements, the White House directed CMS to conduct a research study, which was completed and published in June 2023. While the survey did not recommend a minimum staffing level for nursing homes, it concluded that 43-90% of nursing homes would have to add staff, at considerable expense, to comply with any minimum set by the federal government. Under the guidance of the White House, CMS then issued a proposed rule in September 2023, creating new minimum staffing standards for nursing homes and, despite numerous public comments, published the Final Rule in May 2024, entitled Medicare and Medicaid Programs; Minimum Staffing Standards for Long-Term Care Facilities and Medicaid Institutional Payment Transparency Reporting, which imposed two mandatory minimum-staffing requirements.

Plaintiffs alleged that CMS had no authority to promulgate this Final Rule, observing that both the lack of a Congressional statutory mandate and the Major Questions Doctrine precluded CMS’ authority to promulgate a rule in this area. Plaintiffs argued that the Final Rule represented arbitrary and capricious rulemaking, and that defendants’ actions caused irreparable harm and imposed significant costs to all plaintiffs.

Specifically, in laying out its claims for relief, plaintiffs alleged the following: (1) The Final Rule exceeded CMS’ authority, violating the Administrative Procedure Act (APA), 5 U.S.C. § 706(2)(C). Plaintiffs alleged that CMS had no statutory authority, as is clear from the fact that Congress had not granted statutory authority, the Major Questions Doctrine, and the canon of constitutional doubt, to enact a Final Rule as to either of the two requirements that it set forth. (2) The Final Rule violated the APA, 5 U.S.C. § 706(2)(A), and therefore was contrary to law and must be set aside. (3) The Final Rule was arbitrary and capricious, in violation of the APA, 5 U.S.C. § 706(2)(C), for a myriad of reasons, including that it departed sharply from previous CMS practice and failed to consider reliance interests. Plaintiffs sought declaratory and injunctive relief to vacate and set aside both of the minimum staffing requirements. 

On October 22, 2024, plaintiffs filed a motion for preliminary injunction and oral argument, to essentially vacate the entire Final Rule nationwide, arguing that such injunctive relief was necessary to avoid destabilizing further effects on nursing homes.

The matter was assigned to U.S. District Judge Leonard T. Strand.

On October 23, 2024, the plaintiffs filed an amended complaint. The amended complaint added specificity on the potential and actual harm suffered by plaintiffs as a consequence of the Final Rule to highlight its administrative burdens. The complaint otherwise however largely re-alleged the original claims in substance and form.

On January 16, 2025, the court denied the plaintiffs’ motion for a preliminary injunction. The court noted that to succeed on a preliminary injunction motion, there must be a showing of irreparable harm. The court conceded that the two staffing requirements created in the Final Rule would impose tremendous costs, but noted that dispositively, the requirements would not take effect until May 2026 at the earliest. Holding that the plaintiffs’ claims on facing insurmountable financial and compliance burdens were too speculative to constitute irreparable harm, the court denied the motion for a preliminary injunction.

The plaintiffs then filed to appeal the court’s decision to the Eighth Circuit (docket no. 25-1097). 

On January 17, 2025, the plaintiffs filed a renewed motion for preliminary injunction, pending appeal of the court’s order, arguing that they were likelihood to succeed on the merits and would suffer irreparable harm absent injunctive relief. In that motion, plaintiffs requested an expedited ruling by January 21, so that they could seek timely appellate relief if needed. On January 21, the court denied the motion for a preliminary injunction, noting concisely that its reasons for denial were the same as in its prior opinion. 

In the interim, on March 3, 2025, the plaintiffs filed a motion for summary judgment, holding that – for all the reasons set forth in their complaint – the Final Rule was unlawful, and the court therefore should issue final judgment for plaintiffs. On the same day, defendants filed a motion for judgment on the administrative record.

As of March 31, 2025, no decision has been handed down from the court yet, and the case is pending further development and updates.

Summary Authors

Keren Yi (3/31/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/69238864/parties/state-of-kansas-v-becerra/

Judge(s)
Attorney for Plaintiff

Axt, Philip (Iowa)

Barta, James A (Iowa)

Borchert, Megan (Iowa)

Corrigan, Christian Brian (Iowa)

Downey, Nathan (Iowa)

Attorney for Defendant
Expert/Monitor/Master/Other

show all people

Documents in the Clearinghouse

Document
1

1:24-cv-00110

Complaint for Declaratory and Injunctive Relief

Oct. 8, 2024

Oct. 8, 2024

Complaint
95

1:24-cv-00110

Order on Motion for Preliminary Injunction

Jan. 16, 2025

Jan. 16, 2025

Order/Opinion

2025 WL 212358

103

1:24-cv-00110

Order

Jan. 21, 2025

Jan. 21, 2025

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/69238864/state-of-kansas-v-becerra/

Last updated July 7, 2025, 2:35 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against all Defendants (Filing fee $ 405 receipt number AIANDC-4261344.), filed by all Plaintiffs. Scheduling Report due by 1/6/2025 (Attachments: # 1 Civil Cover Sheet) (Wessan, Eric) Modified filer and text on 10/9/2024 (ksy). (Entered: 10/08/2024)

1 Civil Cover Sheet

View on PACER

Oct. 8, 2024

Oct. 8, 2024

Clearinghouse

Judge Leonard T Strand and Chief Magistrate Judge Kelly K.E. Mahoney added. No conflicts identified. (ksy)

Oct. 8, 2024

Oct. 8, 2024

PACER
2

Summons Issued as to All Defendants ****PLEASE MAKE COPIES OF SUMMONS FOR EACH DEFENDANT AND FILL IN REMAINING INFORMATION****. (Attachments: # 1 New Civil Case Packet) (ksy) (Entered: 10/09/2024)

Oct. 9, 2024

Oct. 9, 2024

PACER
3

MOTION to Amend 1 Complaint by Plaintiff State of Iowa. (Attachments: # 1 Amended Complaint) (Wessan, Eric) (Entered: 10/11/2024)

1 Amended Complaint

View on PACER

Oct. 11, 2024

Oct. 11, 2024

PACER
4

NOTICE of Appearance by Eric H Wessan on behalf of State of Iowa. (Wessan, Eric) (Entered: 10/11/2024)

Oct. 11, 2024

Oct. 11, 2024

PACER
5

MOTION for Leave to Appear Pro Hac Vice for Attorney Nathan S. Downey ( Pro Hac Vice Fee $ 100 receipt number AIANDC-4264788) by Plaintiff State of Idaho. (Attachments: # 1 Certificate of Good Standing) (Downey, Nathan) (Entered: 10/15/2024)

Oct. 15, 2024

Oct. 15, 2024

PACER
6

MOTION for Leave to Appear Pro Hac Vice for Attorney Peter M. Torstensen, Jr. ( Pro Hac Vice Fee $ 100 receipt number AIANDC-4265065) by Plaintiff State of Montana. (Attachments: # 1 Exhibit Certificate of Good Standing) (Torstensen, Peter) (Entered: 10/15/2024)

Oct. 15, 2024

Oct. 15, 2024

PACER
7

MOTION for Leave to Appear Pro Hac Vice for Attorney Christian B. Corrigan ( Pro Hac Vice Fee $ 100 receipt number AIANDC-4265076) by Plaintiff State of Montana. (Attachments: # 1 Exhibit Certificate of Good Standing) (Corrigan, Christian) (Entered: 10/15/2024)

Oct. 15, 2024

Oct. 15, 2024

PACER
8

MOTION for Leave to Appear Pro Hac Vice for Attorney Megan Borchert ( Pro Hac Vice Fee $ 100 receipt number AIANDC-4265381) by Plaintiff State of South Dakota. (Borchert, Megan) (Entered: 10/16/2024)

Oct. 16, 2024

Oct. 16, 2024

PACER
9

TEXT ORDER granting 5, 6, and 7 Motion to Appear Pro Hac Vice by Nathan S. Downey on behalf of the State of Idaho, Peter M. Torstensen Jr., and Christian B. Corrigan on behalf of the State of Montana. Upon review of the Motions and the Certificates of Good Standing, the court finds the motions should be granted. Attorneys' Notices of Appearance due by 10/30/2024. Signed by Clerk on 10/16/2024. (klh) (Entered: 10/16/2024)

Oct. 16, 2024

Oct. 16, 2024

PACER
10

MOTION for Leave to Appear Pro Hac Vice for Attorney James A. Barta ( Pro Hac Vice Fee $ 100 receipt number AIANDC-4265814) by Plaintiff Indiana, State of. (Attachments: # 1 Exhibit Certificate of Good Standing) (Barta, James) (Entered: 10/16/2024)

Oct. 16, 2024

Oct. 16, 2024

PACER
11

MOTION for Leave to Appear Pro Hac Vice for Attorney Laura Russell ( Pro Hac Vice Fee $ 100 receipt number AIANDC-4266031) by Plaintiff State of Alaska. (Attachments: # 1 Supplement Certificate) (Russell, Laura) (Entered: 10/16/2024)

Oct. 16, 2024

Oct. 16, 2024

PACER
12

MOTION for Leave to Appear Pro Hac Vice for Attorney Stephen J. Petrany ( Pro Hac Vice Fee $ 100 receipt number AIANDC-4266279) by Plaintiff State of Georgia. (Petrany, Stephen) (Entered: 10/17/2024)

Oct. 17, 2024

Oct. 17, 2024

PACER
13

MOTION for Leave to Appear Pro Hac Vice for Attorney Zachary B. Pohlman ( Pro Hac Vice Fee $ 100 receipt number AIANDC-4266596) by Plaintiff State of Nebraska. (Attachments: # 1 Exhibit Certificate of Good Standing) (Pohlman, Zachary) (Entered: 10/17/2024)

Oct. 17, 2024

Oct. 17, 2024

PACER
14

TEXT ORDER granting 8, 10, and 11 Motions to Appear Pro Hac Vice by Megan Borchert, James A. Barta, and Laura Russell. Upon review of the Motions and the Certificates of Good Standing, the court finds the motions should be granted. Attorney Notices of Appearance due by 10/31/2024. Signed by Clerk on 10/17/2024. (klh) (Entered: 10/17/2024)

Oct. 17, 2024

Oct. 17, 2024

PACER
15

MOTION for Leave to Appear Pro Hac Vice for Attorney Stephanie M. Saperstein ( Pro Hac Vice Fee $ 100 receipt number AIANDC-4266777) by Plaintiff State of Utah. (Saperstein, Stephanie) (Entered: 10/17/2024)

Oct. 17, 2024

Oct. 17, 2024

PACER
16

MOTION for Leave to Appear Pro Hac Vice for Attorney Abhishek Kambli ( Pro Hac Vice Fee $ 100 receipt number AIANDC-4267150) by Plaintiff State of Kansas. (Kambli, Abhishek) (Entered: 10/18/2024)

Oct. 18, 2024

Oct. 18, 2024

PACER
17

MOTION for Leave to Appear Pro Hac Vice for Attorney James R. Rodriguez ( Pro Hac Vice Fee $ 100 receipt number AIANDC-4267161) by Plaintiff State of Kansas. (Rodriguez, James) (Entered: 10/18/2024)

Oct. 18, 2024

Oct. 18, 2024

PACER
18

TEXT ORDER granting 12, 13 and 15 Motions to Appear Pro Hac Vice by Stephen J. Petrany, Zachary B. Pohlman, and Stephanie M. Saperstein. Upon review of the Motions and the Certificates of Good Standing, the court finds the motions should be granted. Attorney Notice of Appearance due by 11/1/2024. Signed by Clerk on 10/18/2024. (klh) (Entered: 10/18/2024)

Oct. 18, 2024

Oct. 18, 2024

PACER
19

NOTICE of Appearance by Peter Martin Torstensen, Jr on behalf of State of Montana. (Torstensen, Peter) (Entered: 10/18/2024)

Oct. 18, 2024

Oct. 18, 2024

PACER
20

NOTICE of Appearance by Christian Brian Corrigan on behalf of State of Montana. (Corrigan, Christian) (Entered: 10/18/2024)

Oct. 18, 2024

Oct. 18, 2024

PACER
21

NOTICE of Appearance by Nathan Downey on behalf of State of Idaho. (Downey, Nathan) (Entered: 10/18/2024)

Oct. 18, 2024

Oct. 18, 2024

PACER
22

NOTICE of Appearance by Zachary Brent Pohlman on behalf of State of Nebraska. (Pohlman, Zachary) (Entered: 10/21/2024)

Oct. 21, 2024

Oct. 21, 2024

PACER
23

TEXT ORDER granting 16 and 17 Motions to Appear Pro Hac Vice for Attorney Abhishek Kambli and James R. Rodriguez. Upon review of the Motions and the Certificates of Good Standing, the court finds the motions should be granted. Attorney Notice of Appearance due by 11/4/2024. Signed by Clerk on 10/21/2024. (klh) (Entered: 10/21/2024)

Oct. 21, 2024

Oct. 21, 2024

PACER
24

MOTION for Leave to Appear Pro Hac Vice for Attorney Philip Axt ( Pro Hac Vice Fee $ 100 receipt number AIANDC-4268914) by Plaintiff State of North Dakota. (Attachments: # 1 Certificate of Good Standing) (Axt, Philip) (Entered: 10/21/2024)

Oct. 21, 2024

Oct. 21, 2024

PACER
25

TEXT ORDER granting 24 Motion to Appear Pro Hac Vice by Philp Axt on behalf of State of North Dakota: Upon review of the Motion and the Certificate of Good Standing, the court finds the motion should be granted. Attorney Notice of Appearance due by 11/5/2024. Signed by Clerk on 10/22/2024. (klh) (Entered: 10/22/2024)

Oct. 22, 2024

Oct. 22, 2024

PACER
26

NOTICE of Appearance by Abhishek Kambli on behalf of State of Kansas. (Kambli, Abhishek) (Entered: 10/22/2024)

Oct. 22, 2024

Oct. 22, 2024

PACER
27

[FILED IN ERROR] NOTICE of Appearance by Abhishek Kambli on behalf of State of Kansas. (Kambli, Abhishek) Modified on 10/23/2024 (klh). (Entered: 10/22/2024)

Oct. 22, 2024

Oct. 22, 2024

PACER
28

NOTICE of Appearance by James Rodriguez on behalf of State of Kansas. (Rodriguez, James) (Entered: 10/22/2024)

Oct. 22, 2024

Oct. 22, 2024

PACER
29

MOTION exceed page limits by Plaintiff State of Kansas. (Attachments: # 1 Exhibit 1) (Kambli, Abhishek) (Entered: 10/22/2024)

1 Exhibit 1

View on RECAP

Oct. 22, 2024

Oct. 22, 2024

RECAP
30

MOTION for Preliminary Injunction & Oral Argument by Plaintiff State of Kansas. (Attachments: # 1 Exhibit 1 - Brief in Support of Motion, # 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, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28) (Kambli, Abhishek) Modified text on 10/23/2024 (ksy). (Entered: 10/22/2024)

1 Exhibit 1 - Brief in Support of Motion

View on RECAP

2 Exhibit 2

View on PACER

3 Exhibit 3

View on PACER

4 Exhibit 4

View on PACER

5 Exhibit 5

View on PACER

6 Exhibit 6

View on PACER

7 Exhibit 7

View on PACER

8 Exhibit 8

View on PACER

9 Exhibit 9

View on PACER

10 Exhibit 10

View on PACER

11 Exhibit 11

View on PACER

12 Exhibit 12

View on PACER

13 Exhibit 13

View on PACER

14 Exhibit 14

View on PACER

15 Exhibit 15

View on PACER

16 Exhibit 16

View on PACER

17 Exhibit 17

View on PACER

18 Exhibit 18

View on PACER

19 Exhibit 19

View on PACER

20 Exhibit 20

View on PACER

21 Exhibit 21

View on PACER

22 Exhibit 22

View on PACER

23 Exhibit 23

View on PACER

24 Exhibit 24

View on PACER

25 Exhibit 25

View on PACER

26 Exhibit 26

View on PACER

27 Exhibit 27

View on PACER

28 Exhibit 28

View on PACER

Oct. 22, 2024

Oct. 22, 2024

RECAP
31

MOTION for Leave to Appear Pro Hac Vice for Attorney Kevin M. Gallagher ( Pro Hac Vice Fee $ 100 receipt number AIANDC-4270234) by Plaintiff Commonwealth of Virginia. (Attachments: # 1 Exhibit Certificate of Good Standing) (Gallagher, Kevin) (Entered: 10/23/2024)

1 Exhibit Certificate of Good Standing

View on PACER

Oct. 23, 2024

Oct. 23, 2024

RECAP
32

TEXT ORDER granting 29 Motion for leave to exceed applicable page limit. Plaintiffs may now file their overlength brief in support of their motion for preliminary injunction. Signed by Judge Leonard T Strand on 10/23/24. (djs) (Entered: 10/23/2024)

Oct. 23, 2024

Oct. 23, 2024

PACER
33

AMENDED TEXT ORDER re 29 Motion for leave to exceed applicable page limit. The Court previously granted this motion at Doc. 32 directing plaintiffs to file their overlength brief. It has been brought to the Court's attention that the brief in support of the motion for preliminary injunction has been previously filed at Doc. 30-1 and is now deemed filed. Signed by Judge Leonard T Strand on 10/23/24. (djs) (Entered: 10/23/2024)

Oct. 23, 2024

Oct. 23, 2024

PACER
34

MOTION for Leave to Appear Pro Hac Vice for Attorney Michael R. Williams ( Pro Hac Vice Fee $ 100 receipt number AIANDC-4270651) by Plaintiff State of West Virginia. (Attachments: # 1 Exhibit Certificate of Good Standing) (Williams, Michael) (Entered: 10/23/2024)

Oct. 23, 2024

Oct. 23, 2024

PACER
35

NOTICE of Appearance by Philip Axt on behalf of State of North Dakota. (Axt, Philip) (Entered: 10/23/2024)

Oct. 23, 2024

Oct. 23, 2024

PACER
36

ORDER granting 3 Motion to Amend Complaint. The Clerk of Court is directed to file the amended complaint attached as an exhibit to Plaintiff's motion (Doc. 3 -1). Signed by Chief Magistrate Judge Kelly K.E. Mahoney on 10/23/2024. (mmc) (Entered: 10/23/2024)

Oct. 23, 2024

Oct. 23, 2024

PACER
37

AMENDED Complaint against All Defendants. (mmc) (Entered: 10/23/2024)

Oct. 23, 2024

Oct. 23, 2024

RECAP
38

TEXT ORDER granting 31, 34 Motions to Appear Pro Hac Vice by Kevin M. Gallagher and Michael R. Williams. Upon review of the Motions and the Certificates of Good Standing, the court finds the motions should be granted. Attorney Notice of Appearance due by 11/7/2024. Signed by Clerk on 10/24/2024. (klh) (Entered: 10/24/2024)

Oct. 24, 2024

Oct. 24, 2024

PACER
39

NOTICE of Appearance by Stephanie Saperstein on behalf of State of Utah. (Saperstein, Stephanie) (Entered: 10/24/2024)

Oct. 24, 2024

Oct. 24, 2024

PACER
40

NOTICE of Appearance by Kevin Michael Gallagher on behalf of Commonwealth of Virginia. (Gallagher, Kevin) (Entered: 10/25/2024)

Oct. 25, 2024

Oct. 25, 2024

PACER
41

MOTION for Leave to Appear Pro Hac Vice for Attorney James H. Percival ( Pro Hac Vice Fee $ 100 receipt number AIANDC-4272940) by Plaintiff State of Florida. (Attachments: # 1 Exhibit Certificate of Good Standing) (Percival, James) (Entered: 10/25/2024)

Oct. 25, 2024

Oct. 25, 2024

PACER
42

NOTICE of Appearance by Laura O'Neil Russell on behalf of State of Alaska. (Russell, Laura) (Entered: 10/25/2024)

Oct. 25, 2024

Oct. 25, 2024

PACER
43

MOTION for Leave to Appear Pro Hac Vice for Attorney Anna St. John by Plaintiffs Dooley Center, Leadingage Colorado, Leadingage Iowa, Leadingage Kansas, Leadingage Maryland, Leadingage Michigan, Leadingage Minnesota, Leadingage Missouri, Leadingage Nebraska, Leadingage New Jersey/Delaware, Leadingage Ohio, Leadingage Oklahoma, Leadingage PA, Leadingage South Carolina, Leadingage Southeast, Leadingage Tennessee, Leadingage Virginia, South Dakota Association of Healthcare Organizations, Wesley Towers. (Attachments: # 1 Exhibit Certificate of Good Standing) (St. John, Anna) (Entered: 10/28/2024)

Oct. 28, 2024

Oct. 28, 2024

PACER
44

ORDER granting 41 Motion to Appear Pro Hac Vice by James H. Percival on behalf of State of Florida: Upon review of the Motion and the Certificate of Good Standing, the court finds the motion should be granted. Attorney Notice of Appearance due by 11/12/2024. Signed by Clerk on 10/28/2024. (klh) (Entered: 10/28/2024)

Oct. 28, 2024

Oct. 28, 2024

PACER
45

NOTICE of Appearance by Andrew James Rising on behalf of All Defendants. (Rising, Andrew) (Entered: 10/28/2024)

Oct. 28, 2024

Oct. 28, 2024

PACER
46

MOTION for Entry of a Scheduling Order, or, in the Alternative, Consent Motion for Briefing Schedule on Plaintiffs Motion for Preliminary Injunction by Defendants Xavier Becerra, Centers for Medicare & Medicaid Services, Chiquita Brooks-Lasure, United States Department of Health and Human Services. (Attachments: # 1 Text of Proposed Order) (Rising, Andrew) (Entered: 10/28/2024)

1 Text of Proposed Order

View on RECAP

Oct. 28, 2024

Oct. 28, 2024

RECAP
47

TEXT ORDER granting 43 Motion to Appear Pro Hac Vice by Anna St. John Upon review of the Motion and the Certificate of Good Standing, the court finds the motion should be granted on the condition Attorney Anna St. John pays the Pro Hac Vice Fee by 11/12/2024. Attorney Notice of Appearance due by 11/12/2024. Signed by Clerk on 10/29/2024. (klh) (Entered: 10/29/2024)

Oct. 29, 2024

Oct. 29, 2024

PACER
48

NOTICE of Appearance by Anna St. John on behalf of Dooley Center, Leadingage Colorado, Leadingage Iowa, Leadingage Kansas, Leadingage Maryland, Leadingage Michigan, Leadingage Minnesota, Leadingage Missouri, Leadingage Nebraska, Leadingage New Jersey/Delaware, Leadingage Ohio, Leadingage Oklahoma, Leadingage PA, Leadingage South Carolina, Leadingage Southeast, Leadingage Tennessee, Leadingage Virginia, South Dakota Association of Healthcare Organizations, Wesley Towers. (St. John, Anna) (Entered: 10/29/2024)

Oct. 29, 2024

Oct. 29, 2024

PACER
49

RESPONSE to Motion re 46 Motion for Miscellaneous Relief filed by Dooley Center, Leadingage Colorado, Leadingage Iowa, Leadingage Kansas, Leadingage Maryland, Leadingage Michigan, Leadingage Minnesota, Leadingage Missouri, Leadingage Nebraska, Leadingage New Jersey/Delaware, Leadingage Ohio, Leadingage Oklahoma, Leadingage PA, Leadingage South Carolina, Leadingage Southeast, Leadingage Tennessee, Leadingage Virginia, South Dakota Association of Healthcare Organizations, Wesley Towers. (St. John, Anna) (Entered: 10/29/2024)

Oct. 29, 2024

Oct. 29, 2024

PACER
50

NOTICE of Appearance by James Hamilton Percival, II on behalf of State of Florida. (Percival, James) (Entered: 10/31/2024)

Oct. 31, 2024

Oct. 31, 2024

PACER
51

SUMMONS Returned Executed by State of Kansas. Centers for Medicare & Medicaid Services served on 10/23/2024, answer due 11/13/2024. (Rodriguez, James) (Entered: 10/31/2024)

Oct. 31, 2024

Oct. 31, 2024

PACER
52

SUMMONS Returned Executed by State of Kansas. Xavier Becerra served on 10/23/2024, answer due 11/13/2024. (Rodriguez, James) (Entered: 10/31/2024)

Oct. 31, 2024

Oct. 31, 2024

PACER
53

NOTICE of Appearance by Megan Borchert on behalf of State of South Dakota. (Borchert, Megan) (Entered: 10/31/2024)

Oct. 31, 2024

Oct. 31, 2024

PACER
54

SUMMONS Returned Executed by State of Kansas. Chiquita Brooks-Lasure served on 10/23/2024, answer due 11/13/2024. (Rodriguez, James) (Entered: 10/31/2024)

Oct. 31, 2024

Oct. 31, 2024

PACER
55

SUMMONS Returned Executed by State of Kansas.Center for MEdicare & Medicaid Services (MD) . (Rodriguez, James) Modified docket text on 11/1/2024 (klh). (Entered: 10/31/2024)

Oct. 31, 2024

Oct. 31, 2024

PACER
56

SUMMONS Returned Executed by State of Kansas. United States Department of Health and Human Services served on 10/23/2024, answer due 11/13/2024. (Attachments: # 1 Supplement, # 2 Supplement) (Rodriguez, James) (Entered: 10/31/2024)

Oct. 31, 2024

Oct. 31, 2024

PACER
57

ORDER re 46 Motion: Defendants request to proceed directly to summary judgment on an expedited schedule is denied. Defendants alternative request to extend deadlines concerning 30 motion for preliminary injunction is granted. Defendants shall file their response by 11/21/2024. Plaintiffs may file a reply in support by 11/27/2024. A hearing on the motion for preliminary injunction will be set by separate order. Signed by Judge Leonard T Strand on 11/01/2024. (des) (Entered: 11/01/2024)

Nov. 1, 2024

Nov. 1, 2024

RECAP
58

NOTICE of Appearance by James A Barta on behalf of State of Indiana. (Barta, James) (Entered: 11/01/2024)

Nov. 1, 2024

Nov. 1, 2024

PACER
59

ORDER Setting Hearing on 30 Motion for Preliminary Injunction: Telephonic Motion Hearing set for 12/6/2024 at 3:00 PM before Judge Leonard T Strand. Signed by Judge Leonard T Strand on 11/1/2024. (mmc) (Entered: 11/01/2024)

Nov. 1, 2024

Nov. 1, 2024

RECAP
60

MOTION Reschedule hearing by Plaintiff State of Kansas. (Rodriguez, James) (Entered: 11/07/2024)

Nov. 7, 2024

Nov. 7, 2024

RECAP
61

ORDER granting 60 Motion to Reschedule Hearing filed by State of Kansas. The telephonic oral arguments on plaintiffs' 30 motion for preliminary injunction, set for Friday, 12/6/2024, at 03:00 PM, is rescheduled for 12/5/2024, at 09:00 AM CST. See Order for Court's Zoom.gov audio instructions. Signed by Judge Leonard T Strand on 11/7/2024. (jag) (Entered: 11/07/2024)

Nov. 7, 2024

Nov. 7, 2024

RECAP
62

NOTICE of Appearance by Michael Ray Williams on behalf of State of West Virginia. (Williams, Michael) (Entered: 11/08/2024)

Nov. 8, 2024

Nov. 8, 2024

PACER
63

MOTION for Leave to Appear Pro Hac Vice for Attorney Joseph D. Spate ( Pro Hac Vice Fee $ 100 receipt number AIANDC-4285261) by Plaintiff State of South Carolina. (Attachments: # 1 Certificate of Good Standing) (Spate, Joseph) (Entered: 11/14/2024)

Nov. 14, 2024

Nov. 14, 2024

PACER
64

TEXT ORDER granting 63 Motion to Appear Pro Hac Vice by Joseph D Spate on behalf of State of South Carolina: Upon review of the Motion and the Certificate of Good Standing, the court finds the motion should be granted. Attorney Notice of Appearance due by 11/29/2024. Signed by Clerk on 11/15/2024. (klh) (Entered: 11/15/2024)

Nov. 15, 2024

Nov. 15, 2024

PACER
65

NOTICE of Appearance by Joseph David Spate on behalf of State of South Carolina. (Spate, Joseph) (Entered: 11/18/2024)

Nov. 18, 2024

Nov. 18, 2024

PACER
66

MOTION for Leave to Appear Pro Hac Vice for Attorney Victor B. Maddox ( Pro Hac Vice Fee $ 100 receipt number AIANDC-4289383) by Plaintiff Commonweath of Kentucky. (Maddox, Victor) (Entered: 11/20/2024)

Nov. 20, 2024

Nov. 20, 2024

PACER
67

SUPPLEMENT to 66 Motion for Leave to Appear Pro Hac Vice by Commonweath of Kentucky (Maddox, Victor) (Entered: 11/20/2024)

Nov. 20, 2024

Nov. 20, 2024

PACER
68

NOTICE of Appearance by Allison Walter on behalf of All Defendants. (Walter, Allison) (Entered: 11/20/2024)

Nov. 20, 2024

Nov. 20, 2024

PACER
70

TEXT ORDER granting 66 Motion to Appear Pro Hac Vice by Victor B Maddox on behalf of Commonweath of Kentucky: Upon review of the Motion and the Certificate of Good Standing, the court finds the motion should be granted. Attorney Notice of Appearance due by 12/5/2024. Signed by Clerk on 11/21/2024. (klh) (Entered: 11/21/2024)

Nov. 21, 2024

Nov. 21, 2024

PACER
71

UNRESISTED MOTION for Leave to File Overlength Brief by Defendants Xavier Becerra, United States Department of Health and Human Services, Centers for Medicare & Medicaid Services, Chiquita Brooks-Lasure. (Attachments: # 1 Exhibit 1) (Rising, Andrew) (Entered: 11/21/2024)

Nov. 21, 2024

Nov. 21, 2024

PACER
72

RESPONSE to Motion re 30 Motion for Preliminary Injunction, filed by Xavier Becerra, United States Department of Health and Human Services, Centers for Medicare & Medicaid Services, Chiquita Brooks-Lasure. (Rising, Andrew) (Entered: 11/21/2024)

Nov. 21, 2024

Nov. 21, 2024

PACER
73

MOTION for Leave to Appear Pro Hac Vice for Attorney Aaron J. Silletto ( Pro Hac Vice Fee $ 100 receipt number AIANDC-4290626) by Plaintiff Commonweath of Kentucky. (Attachments: # 1 Certificate of Good Standing) (Silletto, Aaron) (Entered: 11/22/2024)

Nov. 22, 2024

Nov. 22, 2024

PACER
74

TEXT ORDER granting 71 Motion for Leave to File Overlength Brief. Defendants may now file their overlength brief in opposition to the motion for preliminary injunction. Signed by Judge Leonard T Strand on 11/22/24. (djs) Modified on 11/22/2024 to indicate Defendants have already filed their overlength brief at Doc. 72 and it is now deemed properly filed. (djs). (Entered: 11/22/2024)

Nov. 22, 2024

Nov. 22, 2024

PACER
75

NOTICE of Appearance by Victor B Maddox on behalf of Commonweath of Kentucky. (Maddox, Victor) (Entered: 11/22/2024)

Nov. 22, 2024

Nov. 22, 2024

PACER
76

ORDER granting 73 Motion to Appear Pro Hac Vice by Aaron J. Silletto on behalf of Commonweath of Kentucky: Upon review of the Motion and the Certificate of Good Standing, the court finds the motion should be granted. Attorney Notice of Appearance due by 12/9/2024. Signed by Clerk on 11/25/2024. (klh) (Entered: 11/25/2024)

Nov. 25, 2024

Nov. 25, 2024

PACER
77

MOTION for Leave to File Overlength Brief by Plaintiff State of Kansas. (Attachments: # 1 Brief) (Kambli, Abhishek) (Entered: 11/27/2024)

Nov. 27, 2024

Nov. 27, 2024

PACER
78

REPLY to Response to Motion re 30 Motion for Preliminary Injunction,, filed by State of Kansas. (Kambli, Abhishek) (Entered: 11/27/2024)

Nov. 27, 2024

Nov. 27, 2024

RECAP
79

TEXT ORDER granting 77 Motion for Leave to File Overlength Brief. Plaintiffs' reply brief already filed at Doc. 78 is deemed properly filed. Signed by Judge Leonard T Strand on 12/2/24. (djs) Modified text on 12/3/2024 (klh). (Entered: 12/02/2024)

Dec. 2, 2024

Dec. 2, 2024

PACER
80

NOTICE of Appearance by Aaron J Silletto on behalf of Commonweath of Kentucky. (Silletto, Aaron) (Entered: 12/02/2024)

Dec. 2, 2024

Dec. 2, 2024

PACER
81

MOTION for Leave to Appear Pro Hac Vice for Attorney Dylan L. Jacobs ( Pro Hac Vice Fee $ 100 receipt number AIANDC-4295461) by Plaintiff State of Arkansas. (Attachments: # 1 Certificate of Good Standing) (Jacobs, Dylan) (Entered: 12/03/2024)

Dec. 3, 2024

Dec. 3, 2024

PACER
82

MOTION for Leave to Appear Pro Hac Vice for Attorney Toby S. Edelman ( Pro Hac Vice Fee $ 100 receipt number AIANDC-4295874) by Amicus Center for Medicare Advocacy. (Attachments: # 1 Certificate of Good Standing) (Edelman, Toby) (Entered: 12/03/2024)

Dec. 3, 2024

Dec. 3, 2024

PACER
83

MOTION for Leave to File Amici Curiae Brief by Amicus Center for Medicare Advocacy. (Attachments: # 1 Brief of the Center for Medicare Advocacy) (Long, Benjamin) (Entered: 12/03/2024)

1 Brief of the Center for Medicare Advocacy

View on PACER

Dec. 3, 2024

Dec. 3, 2024

PACER
84

MOTION for Leave to Appear Pro Hac Vice for Attorney Victoria S. Lowell ( Pro Hac Vice Fee $ 100 receipt number AIANDC-4296273) by Plaintiff State of Missouri. (Lowell, Victoria) (Entered: 12/03/2024)

Dec. 3, 2024

Dec. 3, 2024

PACER
85

TEXT ORDER granting 83 Motion for Leave to File Amici Curiae Brief. Amicus party may now file its brief. Signed by Judge Leonard T Strand on 12/3/24. (djs) (Entered: 12/03/2024)

Dec. 3, 2024

Dec. 3, 2024

PACER
86

TEXT ORDER granting 81 Motion to Appear Pro Hac Vice by Dylan L Jacobs on behalf of State of Arkansas, 82 Motion to Appear Pro Hac Vice by Toby S Edelman on behalf of Amicus Center for Medicare Advocacy and 84 Motion to Appear Pro Hac Vice by Victoria S Lowell on behalf of State of Missouri: Upon review of the Motions and the Certificates of Good Standing, the court finds the motions should be granted. Attorney Notice of Appearance due by 12/18/2024. Signed by Clerk on 12/4/2024. (klh) Modified text on 12/4/2024 (klh). (Entered: 12/04/2024)

Dec. 4, 2024

Dec. 4, 2024

PACER
87

NOTICE of Appearance by Toby Sambol Edelman on behalf of Center for Medicare Advocacy, California Advocates for Nursing Home Reform, Justice in Aging, Long-Term Care Community Coalition, Michigan Elder Justice Initiative, National Association of Local Long-Term Care Ombudsmen, National Consumer Voice for Quality Long-Term Care. (Edelman, Toby) (Entered: 12/04/2024)

Dec. 4, 2024

Dec. 4, 2024

PACER
88

RESPONSE to Motion re 30 Motion for Preliminary Injunction,, AMICI CURIAE BRIEF in support of Defendants filed by Center for Medicare Advocacy, California Advocates for Nursing Home Reform, Justice in Aging, Long-Term Care Community Coalition, Michigan Elder Justice Initiative, National Association of Local Long-Term Care Ombudsmen, National Consumer Voice for Quality Long-Term Care. (Edelman, Toby) (Entered: 12/04/2024)

Dec. 4, 2024

Dec. 4, 2024

PACER
89

MINUTE Entry for proceedings held before Judge Leonard T Strand: Motion Hearing held on 12/5/2024 re 30 Motion for Preliminary Injunction filed by State of Kansas. Court takes this matter under advisement. Order to follow. Official Court Record: Shelly Semmler SSemmlerReporting@gmail.com. (klh) (Entered: 12/05/2024)

Dec. 5, 2024

Dec. 5, 2024

PACER
90

NOTICE of Appearance by Dylan L Jacobs on behalf of State of Arkansas. (Jacobs, Dylan) (Entered: 12/09/2024)

Dec. 9, 2024

Dec. 9, 2024

PACER
91

UNRESISTED MOTION for Extension of Time to Respond to Amended Complaint by Defendants Xavier Becerra, United States Department of Health and Human Services, Centers for Medicare & Medicaid Services, Chiquita Brooks-Lasure. (Attachments: # 1 Text of Proposed Order) (Rising, Andrew) (Entered: 12/10/2024)

Dec. 10, 2024

Dec. 10, 2024

PACER
92

ORDER granting 91 Motion for Extension of Time to Answer 37 Amended Complaint by Defendants Xavier Becerra, Centers for Medicare & Medicaid Services, Chiquita Brooks-Lasure, United States Department of Health and Human Services. Defendants must file an answer or other response to the amended complaint no later than 21 days after the courts order on the preliminary injunction motion. Signed by Chief Magistrate Judge Kelly K.E. Mahoney on 12/10/2024. (des) (Entered: 12/10/2024)

Dec. 10, 2024

Dec. 10, 2024

PACER
93

NOTICE of Appearance by Victoria Lowell on behalf of State of Missouri. (Lowell, Victoria) (Entered: 12/10/2024)

Dec. 10, 2024

Dec. 10, 2024

PACER
94

NOTICE of Filing of Official Transcript of Hearing on Motion for Preliminary Injunction held on 12/5/2024 before Judge Leonard T Strand. Court Reporter: Shelly Semmler, Email Address: ssemmlerreporting@gmail.com. Transcript may be viewed at the court public terminal or purchased from the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained from the Court Reporter, the Clerk of Court's office, or PACER. Please see Public Administrative Order No. 08-AO-0009-P in regard to relevant policy and access information on the court's website at www.iand.uscourts.gov. Redaction Request due 1/16/2025. Redacted Transcript Deadline set for 1/27/2025. Release of Transcript Restriction set for 3/26/2025. (des) (Entered: 12/26/2024)

Dec. 26, 2024

Dec. 26, 2024

PACER
95

ORDER denying 30 Motion for Preliminary Injunction. The following schedule is hereby established with regard to dispositive motions: Dispositive Motions due by 3/3/2025. Responses due by 4/3/2025. Replies due by 4/24/2025. Signed by Judge Leonard T Strand on 1/16/2025. (mmc) (Entered: 01/16/2025)

Jan. 16, 2025

Jan. 16, 2025

Clearinghouse
96

MOTION for Leave to Appear Pro Hac Vice for Attorney Caleb A. Stephens ( Pro Hac Vice Fee $ 100 receipt number AIANDC-4324367) by Plaintiff State of Florida. (Attachments: # 1 Certificate of Good Standing) (Stephens, Caleb) (Entered: 01/16/2025)

Jan. 16, 2025

Jan. 16, 2025

PACER
97

NOTICE of Withdrawal of Attorney James Hamilton Percival, II on behalf of State of Florida (Percival, James) (Entered: 01/16/2025)

Jan. 16, 2025

Jan. 16, 2025

PACER
98

NOTICE of Interlocutory Appeal as to 95 Order by State of Kansas. Filing fee $ 605, receipt number AIANDC-4324920. (Kambli, Abhishek) Modified text on 1/17/2025 (ksy). (Entered: 01/16/2025)

Jan. 16, 2025

Jan. 16, 2025

PACER
99

NOA Supplement and Transmission of Notice of Appeal to US Court of Appeals re 98 Notice of Appeal. Case Number due by 1/20/2025. (des) (Entered: 01/17/2025)

Jan. 17, 2025

Jan. 17, 2025

PACER
100

TEXT ORDER granting 96 Motion to Appear Pro Hac Vice by Caleb A Stephens on behalf of the State of Florida: Upon review of the Motion and the Certificate of Good Standing, the court finds the motion should be granted. Attorney Notice of Appearance due by 1/31/2025. Signed by Clerk on 1/17/2024. (klh) (Entered: 01/17/2025)

Jan. 17, 2025

Jan. 17, 2025

PACER

Case Details