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

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Case Summary

This case challenged a rule published by the Centers for Medicare & Medicaid Services (CMS) that allegedly endangered 24 million Americans' health coverage under the Affordable Care Act (ACA). 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…

Plaintiffs, a coalition including the cities of Columbus and Chicago, 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 alleged that defendants' actions violated the Administrative Procedure Act (APA). Plaintiffs sought a declaration that the CMS rule was unlawful under the APA, a permanent injunction 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. The 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. The 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 court held a hearing on the requested preliminary injunction on August 14, 2025. On August 22, 2025, it issued an order granting in part and denying in part plaintiffs' motion and entering a stay enjoining certain provisions of the CMS rule that were to take effect on August 25. 2025 WL 2426382. It reasoned that the plaintiffs had shown a likelihood of success on the merits of their challenges to seven provisions of the rule, but that they failed to show likelihood of success on the merits sufficient to warrant preliminary relief as to their remaining challenges to two other provisions of the rule. As to the seven, the plaintiffs had also shown that they faced irreparable harm – economic harms that could not adequately be remedied at the conclusion of litigation – and that the balance of the equities and the public interest weighed in favor of a stay.

First, the court found that Main Street Alliance and the city plaintiffs had standing based on the increased premiums and uncompensated care costs that would be "predictable results" of the challenged provisions. Next, it addressed the plaintiffs’ likelihood of success on the merits of their claims across three categories: (1) challenges to provisions that eroded the value of coverage, including a provision imposing a $5 monthly surcharge to reconfirm eligibility, a provision revising the premium adjustment methodology, and a provision revising the actuarial value policy; (2) challenges to provisions that imposed barriers on enrollment, including a provision requiring enrollees to pay past-due premiums before receiving new coverage and a provision adding verification requirements for some enrollments; and (3) challenges to provisions that limited the availability of subsidized coverage, including a provision re-instituting a policy regarding failure-to-reconcile tax data and two provisions requiring heightened income verification under certain circumstances.

As to the first category, the court held that CMS lacked authority to impose the challenged fees, which were untethered to the statutory formula, and that plaintiffs were likely to succeed on their claim that the agency acted in an arbitrary and capricious manner by revising the actuarial value policy because it provided an insufficient and conclusory rationale for the changes. However, the court concluded that plaintiffs were unlikely to succeed on their claim that the provision revising premium adjustment methodology was arbitrary and capricious because the agency provided the necessary and reasoned explanation for the changes. As to the second category, the court held that plaintiffs were likely to succeed on their challenge to past-due payment requirements, because the agency was not authorized to create a new exception to the ACA’s categorical guaranteed-issue rule, and to the verification requirements provision because defendants’ rationale for imposing the requirements was not indicative of reasoned decision-making. As to the third category, the court first held that plain text of the ACA contradicted the agency’s failure-to-reconcile provision, and therefore that plaintiffs were likely to succeed on their claim that the provision was imposed contrary to law.

Next, considering the agency’s decision to rescind an automatic 60-day extension to reconcile income verification data, the court concluded that the plaintiffs had failed to show that the agency had misinterpreted its modification authority. The court did find, however, that the plaintiffs were likely to succeed on the merits of their claim that the agency acted arbitrarily by instituting additional verification requirements for income below the federal poverty line and by rescinding a regulation requiring acceptance of self-attestation of projected household income because those changes were made without sufficient data justifying the need to impose them and in light of the agency’s circular reasoning and conclusory statements offered in support of the changes.

Ultimately, the court held that the appropriate course of action was to temporarily stay the seven challenged provisions as to which it found likelihood of success on the merits, postponing the effective date until final resolution of the lawsuit. It reasoned that the U.S. Supreme Court’s recent decision in CASA did not preclude such relief, because that decision did not limit a court’s ability to preliminarily set aside new agency rules under the APA. On August 25, 2025, the plaintiffs filed an unopposed motion to clarify the scope of the preliminary injunction, which the court granted that same day, amending its August 22 order as clarified to order that the effective dates of the following provisions of the rule were stayed pending resolution of the merits of the case:

The imposition of a $5 premium penalty on automatic re-enrollees, through the addition of 45 C.F.R. § 155.335(a)(3) and (n) and revisions to 45 C.F.R. § 155.330(j);
The revocation of guaranteed insurance coverage for individuals with past-due premiums, through revisions to 45 C.F.R. § 147.104(i);
The failure to reconcile policy in 45 C.F.R. § 155.305(f)(4), including the final rule’s amendments to that policy through the addition of 45 C.F.R. § 155.305(f)(4)(iii);
The imposition of eligibility verification for the special enrollment period, through the revisions to 45 C.F.R. § 155.420(g);
The imposition of a requirement that Exchanges verify household income inconsistencies when a tax filer’s attested projected annual household income differs from “trusted data sources,” through revisions to 45 C.F.R. § 155.320(c)(3)(iii) and the addition of 45 C.F.R. § 155.320(c)(3)(vi)(C)(2);
The changes to the de minimis ranges for actuarial value calculations, through revisions to 45 C.F.R. §§ 156.140(c), 156.200(b)(3), and 156.400;
The changes to the policy regarding self-attestation of projected income, through revisions to 45 C.F.R. § 155.320(c)(5).

And, the effective dates of the following provisions were not stayed:

The change to the measure for calculating the premium adjustment percentage set forth in 90 Fed. Reg. 27,166 through 27,178;
The elimination of the 60-day extension of time to resolve inconsistencies in household income data, through the removal of 45 C.F.R. § 155.315(f)(7) and revisions to 45 C.F.R. § 155.320(c)(5).

Three days after the court issued its order granting in part and denying in part plaintiffs' motion, defendants filed an appeal to this order with the United States Court of Appeals for the Fourth Circuit. Defendants then proceeded to file a motion for stay, pending their appeal, of paragraph 2(f) of the court’s ordering, granting a stay as to “changes to the de minimis ranges for actuarial value calculations, through revisions to 45 C.F.R. §§ 156.140(c), 156.200(b)(3), and 156.400.” On September 18, 2025, the appeals court denied defendants' motion for a stay pending appeal, which the district court additionally ruled on and similarly denied on September 29, 2025.

On October 14, 2025, the district court granted a motion filed by defendants seeking an extension to file their answer to the complaint due to the government shutdown. The court then granted the parties' joint motion seeking a scheduling order setting a schedule for summary judgment briefing on the matter. The schedule begins with defendants filing their administrative record by December 19, 2025, and ends with defendants' response to plaintiffs' motion for summary judgment being due by April 14, 2026. The court further ordered defendants file their answer to plaintiffs' complaint 30 days after filing their summary judgment reply.

In the United States Court of Appeals for the Fourth Circuit, parties' briefs were due by October 27, 2025, and reply briefs were due by November 24, 2025. However, upon defendants filing a motion seeking a stay of the briefing schedule due to the government shutdown, the court suspended briefing pending further order of the court. On November 24, 2025, the court issued a new briefing schedule, beginning with the joint appendix being due on January 5, 2026.

This case is ongoing.

Summary Authors

Matt Petrillo (7/21/2025)

Maddy Ligon (12/2/2025)

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)

Attorney for Defendant

Attorney, Kelly O. (Maryland)

Baldi, Maxwell A. (Maryland)

Beer, Jocelyn S. (Maryland)

Bradley, Jill (Maryland)

Attorney for Plaintiff

Coogl, Christine L (Maryland)

Director, Joel McElvain, (Maryland)

McElvain, Joel L (Maryland)

Robinson, Cortney R (Maryland)

Attorney for Defendant

Attorney, Kelly O. (Maryland)

Baldi, Maxwell A. (Maryland)

Beer, Jocelyn S. (Maryland)

Bradley, Jill (Maryland)

Foster, Robert F. (Maryland)

General, Brett A. (Maryland)

Kelley, Elizabeth C. (Maryland)

Mannchen, Garrett F. (Maryland)

McArthur, Eric Dean (Maryland)

Scarborough, Charles W. (Maryland)

Sherwood, Zachary W. (Maryland)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

1 1:25-cv-02114	Complaint for Declaratory and Injunctive Relief	July 1, 2025	July 1, 2025 Complaint
35 1:25-cv-02114	Memorandum Opinion	Aug. 22, 2025	Aug. 22, 2025 Order/Opinion 2025 WL 2426382
36 1:25-cv-02114	Order	Aug. 22, 2025	Aug. 22, 2025 Order/Opinion 2025 WL 2426382
38 1:25-cv-02114	Order City of Columbus et al. v. Kennedy, Jr. et al.	Aug. 25, 2025	Aug. 25, 2025 Order/Opinion 2025 WL 2426382
42 1:25-cv-02114	Defendants' Motion For a Stay Pending Appeal	Aug. 29, 2025	Aug. 29, 2025 Pleading / Motion / Brief
22 25-02012	Order U.S. Court of Appeals for the Fourth Circuit	Sept. 18, 2025	Sept. 18, 2025 Order/Opinion
49 1:25-cv-02114	Order U.S. Court of Appeals for the Fourth Circuit	Sept. 18, 2025	Sept. 18, 2025 Order/Opinion
52 1:25-cv-02114	Order City of Columbus et al. v. Kennedy, Jr. et al.	Sept. 29, 2025	Sept. 29, 2025 Order/Opinion
53 1:25-cv-02114	Defendants' Consent Motion for Extension of Time in Light of Lapse of Appropriations	Oct. 10, 2025	Oct. 10, 2025 Pleading / Motion / Brief
24 25-02012	Order City of Columbus et al. v. Kennedy et al. U.S. Court of Appeals for the Fourth Circuit	Oct. 14, 2025	Oct. 14, 2025 Order/Opinion

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Resources

Resources related to this case
Title	Description		External URL Date / External URL
Patient Protection and Affordable Care Act; Marketplace Integrity and Affordability	This final rule revises standards relating to denial of coverage for failure to pay past-due premium; excludes Deferred Action for Childhood Arrivals recipients from the definition of “lawfully prese…	June 25, 2025	June 25, 2025 https://www.federalregister.gov/...

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Docket

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

Last updated Aug. 24, 2026, 3:49 a.m.

Docket for: City of Columbus v. Kennedy

ECF Number	Date	Description	Link
1	July 1, 2025	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 View on PACER 2 Summons View on PACER 3 Summons View on PACER 4 Summons View on PACER 5 Summons View on PACER 6 Summons View on PACER 7 Summons View on PACER 8 Attachment Corporate Disclosure Statement View on PACER 9 Attachment Corporate Disclosure Statement View on PACER 10 Attachment Corporate Disclosure Statement View on PACER 11 Attachment Corporate Disclosure Statement View on PACER 12 Attachment Corporate Disclosure Statement View on PACER	Clearinghouse
2	July 2, 2025	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)	RECAP
3	July 2, 2025	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)	RECAP
4	July 2, 2025	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)	RECAP
5	July 2, 2025	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)	RECAP
6	July 2, 2025	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)	RECAP
7	July 2, 2025	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)	RECAP
8	July 2, 2025	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)	RECAP
9	July 2, 2025	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)	RECAP
10	July 2, 2025	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)	RECAP
11	July 2, 2025	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) 1 Memorandum in Support View on RECAP 2 Affidavit Decl. of Christen Linke Young View on RECAP 3 Affidavit Decl. of Shawn Phetteplace View on PACER 4 Affidavit Decl. of Brooke Legler View on PACER 5 Affidavit Decl. of Dr. Janet Krommes View on PACER 6 Affidavit Decl. of Dr. Beth Oller View on PACER 7 Affidavit Decl. of Edward Johnson View on RECAP 8 Affidavit Decl. of Faith Leach View on RECAP 9 Affidavit Decl. of Dr. Olusimbo Ige View on RECAP 10 Text of Proposed Order View on RECAP	RECAP
12	July 8, 2025	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)	RECAP
13	July 14, 2025	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)	RECAP
14	July 14, 2025	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)	RECAP
15	July 14, 2025	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)	RECAP
16	July 14, 2025	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)	RECAP
17	July 14, 2025	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)	RECAP
18	July 14, 2025	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)	RECAP
19	July 15, 2025	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)	RECAP
20	July 15, 2025	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 View on RECAP	RECAP
21	July 15, 2025	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)	RECAP
22	July 15, 2025	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)	RECAP
23	July 23, 2025	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)	RECAP
24	July 23, 2025	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)	RECAP
25	July 23, 2025	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)	RECAP
26	July 23, 2025	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)	RECAP
27	July 25, 2025	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)	RECAP
28	July 25, 2025	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 View on RECAP	RECAP
29	July 28, 2025	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)	RECAP
30	Aug. 8, 2025	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 View on PACER 2 Text of Proposed Order Amended Proposed Order View on PACER	RECAP
31	Aug. 14, 2025	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)	RECAP
32	Aug. 15, 2025	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)	RECAP
33	Aug. 17, 2025	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 View on PACER 2 Exhibit Ex. B: NAIC comment View on PACER	RECAP
34	Aug. 20, 2025	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)	RECAP
35	Aug. 22, 2025	MEMORANDUM OPINION. Signed by Judge Brendan Abell Hurson on 8/22/2025. (hmls, Deputy Clerk) (Entered: 08/22/2025)	Clearinghouse
36	Aug. 22, 2025	ORDER GRANTING IN PART and DENYING IN PART 11 Motion for a Stay under 5 U.S.C. § 705 or, in the alternative, for a Preliminary Injunction, construed as a Motion for a Stay. Signed by Judge Brendan Abell Hurson on 8/22/2025. (hmls, Deputy Clerk) (Entered: 08/22/2025)	Clearinghouse
37	Aug. 25, 2025	MOTION Unopposed Motion to Clarify Order of August 22, 2025 re 36 Order on Motion for Other Relief, 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)(McElvain, Joel) (Entered: 08/25/2025) 1 Text of Proposed Order View on RECAP	RECAP
38	Aug. 25, 2025	ORDER granting 37 Motion for Clarification re: 36 Order. Signed by Judge Brendan Abell Hurson on 8/25/2025. (jf3s, Deputy Clerk) (Entered: 08/25/2025)	Clearinghouse
39	Aug. 28, 2025	NOTICE OF APPEAL by Centers for Medicare & Medicaid Services, Robert F. Kennedy, Jr, Mehmet Oz, United States Department of Health and Human Services. (Sherwood, Zachary) (Entered: 08/28/2025)	RECAP
40	Aug. 29, 2025	Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 39 Notice of Appeal. IMPORTANT NOTICE: To access forms which you are required to file with the United States Court of Appeals for the Fourth Circuit please go to http://www.ca4.uscourts.gov and click on Forms & Notices. (av4s, Deputy Clerk) (Entered: 08/29/2025)	RECAP
41	Aug. 29, 2025	USCA Case Number 25-2012 for 39 Notice of Appeal filed by Robert F. Kennedy, Jr., United States Department of Health and Human Services, Centers for Medicare & Medicaid Services, Mehmet Oz. Case Manager - Paige L. Ballard (jh6s, Deputy Clerk) (Entered: 08/29/2025)	RECAP
42	Aug. 29, 2025	MOTION to Stay Pending Appeal by Centers for Medicare & Medicaid Services, Robert F. Kennedy, Jr, Mehmet Oz, United States Department of Health and Human Services (Attachments: # 1 Memorandum in Support, # 2 Exhibit, # 3 Text of Proposed Order)(Sherwood, Zachary) (Entered: 08/29/2025) 1 Memorandum in Support View on RECAP 2 Exhibit View on RECAP 3 Text of Proposed Order View on PACER	Clearinghouse
43	Sept. 2, 2025	NOTICE by City of Chicago, City of Columbus, Doctors for America, Main Street Alliance, Mayor and City Council of Baltimore re 42 MOTION to Stay Pending Appeal Notice of Intent to File Response (McElvain, Joel) (Entered: 09/02/2025)	RECAP
44	Sept. 2, 2025	RESPONSE in Opposition re 42 MOTION to Stay Pending Appeal filed by City of Chicago, City of Columbus, Doctors for America, Main Street Alliance, Mayor and City Council of Baltimore. (Attachments: # 1 Affidavit Second Declaration of Brooke Legler, # 2 Affidavit Second Declaration of Christen Linke Young)(McElvain, Joel) (Entered: 09/02/2025) 1 Affidavit Second Declaration of Brooke Legler View on PACER 2 Affidavit Second Declaration of Christen Linke Young View on PACER	RECAP
45	Sept. 4, 2025	Consent MOTION for Extension of Time to File Answer 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: 09/04/2025) 1 Text of Proposed Order View on PACER	RECAP
46	Sept. 4, 2025	PAPERLESS ORDER granting 45 Motion for Extension of Time to Answer. Defendants' response to Plaintiffs' Complaint is due by September 25, 2025. Signed by Judge Brendan Abell Hurson on 9/4/2025. (nd4s, Chambers) (Entered: 09/04/2025)	RECAP
47	Sept. 11, 2025	REPLY to Response to Motion re 42 MOTION to Stay Pending Appeal filed by Centers for Medicare & Medicaid Services, Robert F. Kennedy, Jr, Mehmet Oz, United States Department of Health and Human Services.(Sherwood, Zachary) (Entered: 09/11/2025)	RECAP
48	Sept. 18, 2025	NOTICE by City of Chicago, City of Columbus, Doctors for America, Main Street Alliance, Mayor and City Council of Baltimore re 42 MOTION to Stay Pending Appeal Notice of Supplemental Authority (McElvain, Joel) (Entered: 09/18/2025)	RECAP
49	Sept. 18, 2025	ORDER of USCA Denying appellants' motion for stay pending appeal as to 39 Notice of Appeal filed by Robert F. Kennedy, Jr., United States Department of Health and Human Services and Centers for Medicare & Medicaid Services, Mehmet Oz. (slss, Deputy Clerk) (Entered: 09/19/2025)	Clearinghouse
50	Sept. 25, 2025	Consent MOTION for Extension of Time to File Answer 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: 09/25/2025)	RECAP
51	Sept. 25, 2025	PAPERLESS ORDER granting 50 Motion for Extension of Time to Answer. It is hereby ORDERED that Defendants' response to Plaintiffs' Complaint is due by October 16, 2025. Signed by Judge Brendan Abell Hurson on 9/25/2025. (nd4s, Chambers) (Entered: 09/25/2025)	RECAP
52	Sept. 29, 2025	ORDER denying 42 MOTION to Stay Pending Appeal. Signed by Judge Brendan Abell Hurson on 9/29/2025. (bw5s, Deputy Clerk) (Entered: 09/30/2025)	Clearinghouse
53	Oct. 10, 2025	Consent MOTION for Extension of Time to File Answer in Light of Lapse of Appropriations 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: 10/10/2025)	Clearinghouse
54	Oct. 14, 2025	ORDER granting 53 Consent MOTION for Extension of Time to File Answer in Light of Lapse of Appropriations. Signed by Judge Brendan Abell Hurson on 10/10/2025. (ybs, Deputy Clerk) (Entered: 10/14/2025)	RECAP
55	Oct. 27, 2025	Consent MOTION for Extension of Time to File Answer in Light of Lapse of Appropriations 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: 10/27/2025)	RECAP
56	Oct. 28, 2025	PAPERLESS ORDER granting 55 Motion for Extension of Time to Answer All Defendants. It is hereby ORDERED that Defendants' response to Plaintiffs' Complaint is due by November 14, 2025. Signed by Judge Brendan Abell Hurson on 10/28/2025. (nd4s, Chambers) (Entered: 10/28/2025)	RECAP
57	Nov. 13, 2025	Joint MOTION Enter Briefing Schedule 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: 11/13/2025) 1 Text of Proposed Order View on PACER	RECAP
58	Nov. 14, 2025	ORDER granting 57 Joint MOTION Enter Briefing Schedule. Signed by Judge Brendan Abell Hurson on 11/13/2025. (bw5s, Deputy Clerk) (Entered: 11/14/2025)	RECAP
59	Dec. 3, 2025	NOTICE of Appearance by Jordan Hulseberg on behalf of All Defendants (Hulseberg, Jordan) (Entered: 12/03/2025)	RECAP
60	Dec. 15, 2025	MOTION to Withdraw as Attorney 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: 12/15/2025)	RECAP
61	Dec. 15, 2025	PAPERLESS ORDER granting 60 Motion to Withdraw as Attorney. Attorney Zachary W. Sherwood terminated. Signed by Judge Brendan Abell Hurson on 12/15/2025. (bw5s, Deputy Clerk) (Entered: 12/16/2025)	RECAP
62	Dec. 19, 2025	NOTICE of filing Administrative Record by Centers for Medicare & Medicaid Services, Robert F. Kennedy, Jr, Mehmet Oz, United States Department of Health and Human Services (Attachments: # 1 Attachment Certification and Index)(Hulseberg, Jordan) (1 flashdrive rec'd by Balt intake 12/19/25, placed in chambers' mailbox) Modified on 12/19/2025 (av4s). (Entered: 12/19/2025) 1 Attachment Certification and Index View on RECAP	RECAP
63	Jan. 15, 2026	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 Proposed Order)(Robinson, Cortney) (Entered: 01/15/2026)	RECAP
64	Jan. 16, 2026	ORDER granting 63 Consent MOTION for Leave to File Excess Pages. Signed by Judge Brendan Abell Hurson on 1/15/2026. (kb3s, Deputy Clerk) (Entered: 01/16/2026)	RECAP
65	Jan. 20, 2026	MOTION for Summary Judgment 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 Appendix Addendum volume 1, # 3 Appendix Addendum volume 2, # 4 Text of Proposed Order)(McElvain, Joel) (Entered: 01/20/2026) 1 Memorandum in Support View on RECAP 2 Appendix Addendum volume 1 View on PACER 3 Appendix Addendum volume 2 View on PACER 4 Text of Proposed Order View on PACER	RECAP
66	Feb. 9, 2026	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(Hulseberg, Jordan) (Entered: 02/09/2026)	RECAP
67	Feb. 9, 2026	PAPERLESS ORDER granting 66 Motion for Leave to File Excess Pages. Signed by Judge Brendan Abell Hurson on 2/9/2026. (nd4s, Chambers) (Entered: 02/09/2026)	RECAP
68	Feb. 17, 2026	Cross MOTION for Summary Judgment by Centers for Medicare & Medicaid Services, Robert F. Kennedy, Jr, Mehmet Oz, United States Department of Health and Human Services (Attachments: # 1 Memorandum in Support)(Hulseberg, Jordan) (Entered: 02/17/2026) 1 Memorandum in Support View on RECAP	RECAP
69	Feb. 18, 2026	QC NOTICE: 68 Motion for Summary Judgment filed by Robert F. Kennedy, Jr., United States Department of Health and Human Services, Centers for Medicare & Medicaid Services, Mehmet Oz was filed incorrectly. **The following attachments or exhibits are missing - Proposed Order. To correct this problem, file Proposed Order using the event Notice (Other) and link Proposed Order to 68 . (ols, Deputy Clerk) (Entered: 02/18/2026)	RECAP
70	March 16, 2026	RESPONSE in Opposition re 68 Cross MOTION for Summary Judgment, REPLY to Response to Motion re 65 MOTION for Summary Judgment Plaintiffs' Reply in Support of Their Motion for Summary Judgment and in Opposition to Defendants' Cross-Motion for Summary Judgment filed by City of Chicago, City of Columbus, Doctors for America, Main Street Alliance, Mayor and City Council of Baltimore.(McElvain, Joel) Modified on 3/17/2026 (bw5s). (Entered: 03/16/2026)	RECAP
71	April 14, 2026	REPLY to Response to Motion re 68 Cross MOTION for Summary Judgment filed by Centers for Medicare & Medicaid Services, Robert F. Kennedy, Jr, Mehmet Oz, United States Department of Health and Human Services.(Hulseberg, Jordan) (Entered: 04/14/2026)	RECAP
72	June 3, 2026	NOTICE by City of Chicago, City of Columbus, Main Street Alliance, Mayor and City Council of Baltimore of Filing of Related Case (McElvain, Joel) (Entered: 06/03/2026)	RECAP
73	June 12, 2026	MEMORANDUM OPINION. Signed by Judge Brendan Abell Hurson on 6/12/2026. (bw5s, Deputy Clerk) (Entered: 06/12/2026)	RECAP
74	June 12, 2026	ORDER granting in part and denying in part 65 Motion for Summary Judgment; granting in part and denying in part 68 Cross MOTION for Summary Judgment; vacating provisions of the final rule entitled "Patient Protection and Affordable Care Act; Marketplace Integrity and Affordability," 90 Fed. Reg. 27074 as specified herein. Signed by Judge Brendan Abell Hurson on 6/12/2026. (bw5s, Deputy Clerk) (Entered: 06/12/2026)	RECAP
75	June 15, 2026	Consent MOTION for Other Relief to Clarify June 12m 2026 Order 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)(Henderson, Cortney) (Entered: 06/15/2026) 1 Text of Proposed Order View on RECAP	RECAP
76	June 16, 2026	ORDER GRANTING 75 Consent Motion to Clarify 74 Order and AMENDING as clarified. Signed by Judge Brendan Abell Hurson on 6/16/2026. (hmls, Deputy Clerk) (Entered: 06/16/2026)	RECAP
77	June 23, 2026	ORDER of USCA Granting the motion to voluntarily dismiss this case pursuant to Rule 42(b) of the Federal Rules of Appellate Procedure as to 39 Notice of Appeal filed by Robert F. Kennedy, Jr., United States Department of Health and Human Services and Centers for Medicare & Medicaid Services, Mehmet Oz. (slss, Deputy Clerk) (Entered: 06/23/2026)	RECAP
78	June 23, 2026	RULE 42(b) MANDATE of USCA as to 39 Notice of Appeal filed by Robert F. Kennedy, Jr., United States Department of Health and Human Services, Centers for Medicare & Medicaid Services and Mehmet Oz. (slss, Deputy Clerk) (Entered: 06/23/2026)	RECAP
79	July 16, 2026	NOTICE OF APPEAL as to 73 Memorandum Opinion, 74 Order on Motion for Summary Judgment,,, by Centers for Medicare & Medicaid Services, Robert F. Kennedy, Jr, Mehmet Oz, United States Department of Health and Human Services. (Hulseberg, Jordan) (Entered: 07/16/2026)	RECAP
80	July 17, 2026	Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 79 Notice of Appeal. IMPORTANT NOTICE: To access forms which you are required to file with the United States Court of Appeals for the Fourth Circuit please go to http://www.ca4.uscourts.gov and click on Forms & Notices.(slss, Deputy Clerk) (slss). (Entered: 07/17/2026)	RECAP
81	July 21, 2026	USCA Case Number 26-1938 for 79 Notice of Appeal, filed by Centers for Medicare & Medicaid Services, Mehmet Oz, Robert F. Kennedy, Jr., United States Department of Health and Human Services. Case Manager - P. Ballard (jh6s, Deputy Clerk) (Entered: 07/23/2026)	RECAP