Case: City of Columbus v. Kennedy

1:25-cv-02114 | U.S. District Court for the District of Maryland

Filed Date: July 1, 2025

Case Ongoing

Clearinghouse coding complete

Case Summary

This case challenged a rule published by the Centers for Medicare & Medicaid Services (CMS) which allegedly endangered 24 million Americans' health coverage under the Affordable Care Act (ACA). CMS, which is a subagency of the U.S. Department of Health and Human Services (HHS), proposed the challenged rule in March 2025, soon after the Trump Administration took office. The rule, entitled "Patient Protection and Affordable Care Act; Marketplace Integrity and Affordability," allegedly added sever…

This case challenged a rule published by the Centers for Medicare & Medicaid Services (CMS) which allegedly endangered 24 million Americans' health coverage under the Affordable Care Act (ACA). CMS, which is a subagency of the U.S. Department of Health and Human Services (HHS), proposed the challenged rule in March 2025, soon after the Trump Administration took office. The rule, entitled "Patient Protection and Affordable Care Act; Marketplace Integrity and Affordability," allegedly added several roadblocks to the acquisition of ACA health insurance; these included new fees, reductions in the enrollment period, and even a revocation of the ACA's central promise that any American can purchase health insurance. Plaintiffs alleged that defendants' actions violated the Administrative Procedure Act (APA).

Plaintiffs the City of Columbus, the Mayor and City Council of Baltimore, the City of Chicago, Doctors for America, and the Main Street Alliance filed this lawsuit on July 1, 2025, in the U.S. District Court for the District of Maryland. The lawsuit named HHS, its Secretary, CMS, and its Administrator as defendants. Plaintiffs were represented by Democracy Forward. Plaintiffs sought a declaration that the CMS rule was unlawful under the APA; vacatur of the rule; a stay of, and preliminary and permanent injunctions against, the rule's enforcement; and attorneys' fees. The case was assigned to Judge Brendan Abell Hurson.

On July 2, 2025, plaintiffs filed a motion requesting a stay, or alternatively a preliminary injunction, of the new CMS rule. Municipal plaintiffs argued that as healthcare providers of last resort for those who lose insurance under the new rule, the rule would bestow a heavy financial burden on them. Organizational plaintiffs argued that the rule would make it harder for them to pay their employees or to receive adequate compensation for healthcare services rendered.

The CMS rule is slated to go into effect on August 25, 2025. The court has scheduled a hearing on the requested preliminary injunction for August 14, 2025. This case is ongoing.

Summary Authors

Matt Petrillo (7/21/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/70684987/parties/city-of-columbus-v-kennedy/


Attorney for Plaintiff

Coogl, Christine L (Maryland)

McElvain, Joel L (Maryland)

Robinson, Cortney R (Maryland)

Attorney for Defendant

Sherwood, Zachary W. (Maryland)

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Documents in the Clearinghouse

Document
1

1:25-cv-02114

Complaint for Declaratory and Injunctive Relief

July 1, 2025

July 1, 2025

Complaint

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/70684987/city-of-columbus-v-kennedy/

Last updated Aug. 21, 2025, 1:12 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF HEALTH AND HUMAN SERVICES, ROBERT F. KENNEDY, JR, MEHMET OZ ( Filing fee $ 405 receipt number AMDDC-12075996.), filed by CITY OF CHICAGO, DOCTORS FOR AMERICA, MAYOR AND CITY COUNCIL OF BALTIMORE, CITY OF COLUMBUS, MAIN STREET ALLIANCE. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons, # 7 Summons, # 8 Attachment Corporate Disclosure Statement, # 9 Attachment Corporate Disclosure Statement, # 10 Attachment Corporate Disclosure Statement, # 11 Attachment Corporate Disclosure Statement, # 12 Attachment Corporate Disclosure Statement)(McElvain, Joel) (Entered: 07/01/2025)

1 Civil Cover Sheet

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2 Summons

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3 Summons

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4 Summons

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5 Summons

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6 Summons

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7 Summons

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8 Attachment Corporate Disclosure Statement

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9 Attachment Corporate Disclosure Statement

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10 Attachment Corporate Disclosure Statement

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11 Attachment Corporate Disclosure Statement

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12 Attachment Corporate Disclosure Statement

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July 1, 2025

July 1, 2025

Clearinghouse
10

ORDER granting 3 Consent MOTION for Leave to File Excess Pages. Signed by Judge Brendan Abell Hurson on 7/2/2025. (bw5s, Deputy Clerk) (Entered: 07/02/2025)

July 2, 2025

July 2, 2025

PACER
11

MOTION for Other Relief for Stay under 5 U.S.C. 705 or, in the Alternative, for Preliminary Injunction by City of Chicago, City of Columbus, Doctors for America, Main Street Alliance, Mayor and City Council of Baltimore (Attachments: # 1 Memorandum in Support, # 2 Affidavit Decl. of Christen Linke Young, # 3 Affidavit Decl. of Shawn Phetteplace, # 4 Affidavit Decl. of Brooke Legler, # 5 Affidavit Decl. of Dr. Janet Krommes, # 6 Affidavit Decl. of Dr. Beth Oller, # 7 Affidavit Decl. of Edward Johnson, # 8 Affidavit Decl. of Faith Leach, # 9 Affidavit Decl. of Dr. Olusimbo Ige, # 10 Text of Proposed Order)(McElvain, Joel) (Entered: 07/02/2025)

July 2, 2025

July 2, 2025

PACER
2

NOTICE of Appearance by Christine L Coogle, Coogl on behalf of All Plaintiffs (Coogle, Christine) (Additional attachment(s) added on 7/2/2025: # 1 FLATTENED Main Document) (bw5s). (Entered: 07/02/2025)

July 2, 2025

July 2, 2025

PACER
3

Consent MOTION for Leave to File Excess Pages by CITY OF CHICAGO, CITY OF COLUMBUS, DOCTORS FOR AMERICA, MAIN STREET ALLIANCE, MAYOR AND CITY COUNCIL OF BALTIMORE (Attachments: # 1 Text of Proposed Order)(Coogle, Christine) (Entered: 07/02/2025)

July 2, 2025

July 2, 2025

PACER
4

NOTICE of Appearance by Joel L McElvain on behalf of CITY OF CHICAGO, CITY OF COLUMBUS, DOCTORS FOR AMERICA, MAIN STREET ALLIANCE, MAYOR AND CITY COUNCIL OF BALTIMORE (McElvain, Joel) (Entered: 07/02/2025)

July 2, 2025

July 2, 2025

PACER
5

MOTION to Appear Pro Hac Vice for Cortney Robinson (Filing fee $100, receipt number AMDDC-12078379.) by CITY OF CHICAGO, CITY OF COLUMBUS, DOCTORS FOR AMERICA, MAIN STREET ALLIANCE, MAYOR AND CITY COUNCIL OF BALTIMORE(Coogle, Christine) (Entered: 07/02/2025)

July 2, 2025

July 2, 2025

PACER
6

QC NOTICE: 1 Complaint,, filed by Main Street Alliance, Mayor and City Council of Baltimore, Doctors for America, City of Chicago, City of Columbus was filed incorrectly. **Your 103.3 Disclosure Statement must be filed as a separate entry using the event Local Rule 103.3 Disclosure Statement (Other Filings -> Other Documents -> Local Rule 103.3 Disclosure Statement). Your document has been accepted by court staff. No action is required on your part at this time. (bw5s, Deputy Clerk) (Entered: 07/02/2025)

July 2, 2025

July 2, 2025

PACER
7

QC NOTICE: 2 Notice of Appearance filed by Main Street Alliance, Mayor and City Council of Baltimore, Doctors for America, City of Chicago, City of Columbus was filed incorrectly. **Not all pdf documents were flattened prior to filing. All pdfs uploaded to CM/ECF MUST BE FLATTENED for all future filings. Failure to comply may result in rejected filings and delays in case processing. **This filing has been corrected by court staff and no further corrective action is required. (bw5s, Deputy Clerk) (Entered: 07/02/2025)

July 2, 2025

July 2, 2025

PACER
8

Summons Issued 60 days as to Centers for Medicare & Medicaid Services, Robert F. Kennedy, Jr, Mehmet Oz, United States Department of Health and Human Services, U.S. Attorney and U.S. Attorney General(bw5s, Deputy Clerk) (Entered: 07/02/2025)

July 2, 2025

July 2, 2025

PACER
9

PAPERLESS ORDER granting 5 Motion to Appear Pro Hac Vice on behalf of Cortney R Robinson. Directing attorney Cortney R Robinson to register for pro hac vice filing in the District of Maryland through PACER at https://pacer.uscourts.gov/ if attorney has not already done so. The Pro Hac Vice option must be selected when registering. Signed by Clerk on 7/2/2025. (mh4s, Deputy Clerk) (Entered: 07/02/2025)

July 2, 2025

July 2, 2025

PACER
12

PAPERLESS ORDER confirming the briefing schedule re 11 MOTION for Other Relief for Stay under 5 U.S.C. 705 or, in the Alternative, for Preliminary Injunction filed by Main Street Alliance, Mayor and City Council of Baltimore, Doctors for America, City of Chicago, City of Columbus. Per Local Rule 105.2(a), Defendants' response to the motion is due July 16, 2025. Plaintiffs' reply is due July 30, 2025. Signed by Judge Brendan Abell Hurson on 7/8/2025. (nd4s, Chambers) (Entered: 07/08/2025)

July 8, 2025

July 8, 2025

PACER
13

SUMMONS Returned Executed by City of Chicago, Doctors for America, Mayor and City Council of Baltimore, City of Columbus, Main Street Alliance. Centers for Medicare & Medicaid Services served on 7/9/2025, answer due 7/30/2025.(Coogle, Christine) (Entered: 07/14/2025)

July 14, 2025

July 14, 2025

PACER
14

SUMMONS Returned Executed by City of Chicago, Doctors for America, Mayor and City Council of Baltimore, City of Columbus, Main Street Alliance. United States Department of Health and Human Services served on 7/14/2025, answer due 8/4/2025.(Coogle, Christine) (Entered: 07/14/2025)

July 14, 2025

July 14, 2025

PACER
15

SUMMONS Returned Executed by City of Chicago, Doctors for America, Mayor and City Council of Baltimore, City of Columbus, Main Street Alliance. Mehmet Oz served on 7/10/2025, answer due 7/31/2025.(Coogle, Christine) (Entered: 07/14/2025)

July 14, 2025

July 14, 2025

PACER
16

SUMMONS Returned Executed by City of Chicago, Doctors for America, Mayor and City Council of Baltimore, City of Columbus, Main Street Alliance. Robert F. Kennedy, Jr served on 7/14/2025, answer due 8/4/2025.(Coogle, Christine) (Entered: 07/14/2025)

July 14, 2025

July 14, 2025

PACER
17

AFFIDAVIT of Service for Summons served on Pam Bondi, in her official capacity as U.S. Attorney General, on 07/14/2025, filed by City of Chicago, City of Columbus, Doctors for America, Main Street Alliance, Mayor and City Council of Baltimore.(Coogle, Christine) (Entered: 07/14/2025)

July 14, 2025

July 14, 2025

PACER
18

AFFIDAVIT of Service for Summons served on Kelly O. Hayes, in her official capacity as U.S. Attorney for the District of Maryland, on 07/09/2025, filed by City of Chicago, City of Columbus, Doctors for America, Main Street Alliance, Mayor and City Council of Baltimore.(Coogle, Christine) (Entered: 07/14/2025)

July 14, 2025

July 14, 2025

PACER
19

NOTICE of Appearance by Zachary W. Sherwood on behalf of Centers for Medicare & Medicaid Services, Robert F. Kennedy, Jr, Mehmet Oz, United States Department of Health and Human Services (Sherwood, Zachary) (Entered: 07/15/2025)

July 15, 2025

July 15, 2025

PACER
20

Consent MOTION for Extension of Time to File Response/Reply as to 11 MOTION for Other Relief for Stay under 5 U.S.C. 705 or, in the Alternative, for Preliminary Injunction by Centers for Medicare & Medicaid Services, Robert F. Kennedy, Jr, Mehmet Oz, United States Department of Health and Human Services (Attachments: # 1 Text of Proposed Order)(Sherwood, Zachary) (Entered: 07/15/2025)

1

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July 15, 2025

July 15, 2025

PACER
21

ORDER Granting 20 Motion for Extension of Time to File Response/Reply. Signed by Judge Brendan Abell Hurson on 7/15/2025. (bas, Deputy Clerk) (Entered: 07/15/2025)

July 15, 2025

July 15, 2025

PACER
22

PAPERLESS ORDER: A hearing on 11 MOTION for Other Relief for Stay under 5 U.S.C. 705 or, in the Alternative, for Preliminary Injunction filed by Main Street Alliance, Mayor and City Council of Baltimore, Doctors for America, City of Chicago, City of Columbus has been scheduled for Thursday, August 14, 2025, at 10:00 a.m. in Courtroom 3D (101 W. Lombard Street, Baltimore, MD 21201). Signed by Judge Brendan Abell Hurson on 7/15/2025. (nd4s, Chambers) (Entered: 07/15/2025)

July 15, 2025

July 15, 2025

PACER
23

SUMMONS Returned Executed by City of Chicago, Doctors for America, Mayor and City Council of Baltimore, City of Columbus, Main Street Alliance. United States Department of Health and Human Services served on 7/14/2025, answer due 9/12/2025.(Coogle, Christine) (Entered: 07/23/2025)

July 23, 2025

July 23, 2025

PACER
24

SUMMONS Returned Executed by City of Chicago, Doctors for America, Mayor and City Council of Baltimore, City of Columbus, Main Street Alliance. Robert F. Kennedy, Jr served on 7/14/2025, answer due 9/12/2025.(Coogle, Christine) (Entered: 07/23/2025)

July 23, 2025

July 23, 2025

PACER
25

SUMMONS Returned Executed by City of Chicago, Doctors for America, Mayor and City Council of Baltimore, City of Columbus, Main Street Alliance. Centers for Medicare & Medicaid Services served on 7/9/2025, answer due 9/8/2025.(Coogle, Christine) (Entered: 07/23/2025)

July 23, 2025

July 23, 2025

PACER
26

SUMMONS Returned Executed by City of Chicago, Doctors for America, Mayor and City Council of Baltimore, City of Columbus, Main Street Alliance. Mehmet Oz served on 7/10/2025, answer due 9/8/2025.(Coogle, Christine) (Entered: 07/23/2025)

July 23, 2025

July 23, 2025

PACER
27

Consent MOTION for Leave to File Excess Pages by Centers for Medicare & Medicaid Services, Robert F. Kennedy, Jr, Mehmet Oz, United States Department of Health and Human Services (Attachments: # 1 Text of Proposed Order)(Sherwood, Zachary) (Entered: 07/25/2025)

July 25, 2025

July 25, 2025

PACER
28

RESPONSE in Opposition re 11 MOTION for Other Relief for Stay under 5 U.S.C. 705 or, in the Alternative, for Preliminary Injunction filed by Centers for Medicare & Medicaid Services, Robert F. Kennedy, Jr, Mehmet Oz, United States Department of Health and Human Services. (Attachments: # 1 Text of Proposed Order)(Sherwood, Zachary) (Entered: 07/25/2025)

1 Text of Proposed Order

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July 25, 2025

July 25, 2025

RECAP
29

PAPERLESS ORDER granting 27 Motion for Leave to File Excess Pages. It is hereby ORDERED that (1) Defendants may file an opposition of up to 55 pages, and (2) Plaintiffs may file a reply of up to 25 pages. Signed by Judge Brendan Abell Hurson on 7/28/2025. (nd4s, Chambers) (Entered: 07/28/2025)

July 28, 2025

July 28, 2025

PACER
30

REPLY to Response to Motion re 11 MOTION for Other Relief for Stay under 5 U.S.C. 705 or, in the Alternative, for Preliminary Injunction filed by City of Chicago, City of Columbus, Doctors for America, Main Street Alliance, Mayor and City Council of Baltimore. (Attachments: # 1 Affidavit Declaration of Dr. Eric D. Fethke, # 2 Text of Proposed Order Amended Proposed Order)(McElvain, Joel) (Entered: 08/08/2025)

1 Affidavit Declaration of Dr. Eric D. Fethke

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2 Text of Proposed Order Amended Proposed Order

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Aug. 8, 2025

Aug. 8, 2025

PACER
31

Motion Hearing held on 8/14/2025 re 11 MOTION for Other Relief for Stay under 5 U.S.C. 705 or, in the Alternative, for Preliminary Injunction filed by Main Street Alliance, Mayor and City Council of Baltimore, Doctors for America, City of Chicago, City of Columbus before Judge Brendan Abell Hurson. (Russell Carrick - Courtroom 3D)(Court Reporter: Kassandra McPherson) (rc2s, Deputy Clerk) (Entered: 08/14/2025)

Aug. 14, 2025

Aug. 14, 2025

PACER
32

PAPERLESS ORDER directing Plaintiffs to file updated perma.cc links by Monday, August 18, 2025 at 5pm in accordance with the instructions sent to the parties by the Court via email. Signed by Judge Brendan Abell Hurson on 8/15/2025. (cs10, Chambers) (Entered: 08/15/2025)

Aug. 15, 2025

Aug. 15, 2025

PACER
33

RESPONSE re 32 Order Plaintiffs' Submission in Response to Court's August 15, 2025 Minute Order filed by City of Chicago, City of Columbus, Doctors for America, Main Street Alliance, Mayor and City Council of Baltimore. (Attachments: # 1 Exhibit Ex. A: Urban Institute Comment, # 2 Exhibit Ex. B: NAIC comment)(McElvain, Joel) (Entered: 08/17/2025)

1 Exhibit Ex. A: Urban Institute Comment

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2 Exhibit Ex. B: NAIC comment

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Aug. 17, 2025

Aug. 17, 2025

RECAP
34

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 08/14/2025, before Judge Brendan A. Hurson. Court Reporter Kassandra L. McPherson, Telephone number (410) 962-4544; Kassandra_McPherson@mdd.uscourts.gov. Total number of pages filed: 88. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained from the Court Reporter or through PACER. Redaction Request due 9/10/2025. Redacted Transcript Deadline set for 9/22/2025. Release of Transcript Restriction set for 11/18/2025.(km10, Court Reporter) (Entered: 08/20/2025)

Aug. 20, 2025

Aug. 20, 2025

PACER

Case Details

State / Territory: Maryland

Case Type(s):

Healthcare Access and Reproductive Issues

Public Benefits/Government Services

Special Collection(s):

Trump Administration 2.0: Challenges to the Government

Trump Administration 2.0: Challenges to the Government (Health Care Access)

Key Dates

Filing Date: July 1, 2025

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Several municipalities and healthcare organizations.

Attorney Organizations:

Democracy Forward

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

U.S. Department of Health and Human Services (- United States (national) -), Federal

Centers for Medicare and Medicaid Services (- United States (national) -), Federal

Case Details

Causes of Action:

Ex Parte Young (Federal) or Bivens

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

Ex parte Young (federal or state officials)

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General/Misc.:

Payment for care