Case: United Spinal Association v. State of Colorado

United Spinal Association et al. v. State of Colorado et al.

COMPLAINT against Colorado Department of Public Health & Environment, Colorado Medical Board, Roland Flores, Jared Polis, Jill Ryan, State of Colorado (Filing fee $ 405,Receipt Number ACODC-10416388)Attorney Michael William Bien added to party United Spinal Association(pty:pla), Attorney Michael William Bien added to party Not Dead Yet(pty:pla), Attorney Michael William Bien added to party Institute for Patients' Rights(pty:pla), Attorney Michael William Bien added to party Atlantis ADAPT(pty:pla), Attorney Michael William Bien added to party Mary Gossman(pty:pla), filed by Institute for Patients' Rights, Not Dead Yet, United Spinal Association, Atlantis ADAPT, Mary Gossman. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons, # 7 Summons)(Bien, Michael) (Entered: 06/30/2025)

Case assigned to Judge Regina M. Rodriguez and drawn to Magistrate Judge Scott T. Varholak. Text Only Entry. (sadhi, ) (Entered: 06/30/2025)

SUMMONS issued by Clerk. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Magistrate Judge Consent Form) (sadhi, ) (Entered: 06/30/2025)

ORDER REFERRING CASE to Magistrate Judge Scott T. Varholak. Pursuant to 28 U.S.C. § 636(b)(1)(A) and (B) and Fed. R. Civ. P. 72(a) and (b), this case is referred to the assigned United States Magistrate Judge to (1) convene a scheduling conference under Fed. R. Civ. P. 16(b) and enter a scheduling order meeting the requirements of Local Civ. R. 16.2, (2) conduct such status conferences and issue such orders necessary for compliance with the scheduling order, including amendments or modifications of the scheduling order upon a showing of good cause, (3) hear and determine pretrial matters, including discovery and other non-dispositive motions, (4) conduct hearings, including evidentiary hearings, and submit proposed findings of fact and recommendations for rulings on dispositive motions, and (5) pursuant to Local Civ. R. 16.6 and at the discretion of the Magistrate Judge, convene such early neutral evaluation and/or settlement conferences and direct related procedures as may facilitate resolution of this case without the necessity of a motion or prior authorization of the undersigned. SO ORDERED by Judge Regina M. Rodriguez on 6/30/2025. Text Only Entry (rmrja) (Entered: 06/30/2025)

Order Referring Case to Magistrate Judge

ORDER SETTING SCHEDULING CONFERENCE by Magistrate Judge Scott T. Varholak on 07/01/2025. IT IS ORDERED:Pursuant to Fed. R. Civ. P. 16(b) and Local Civil Rule 16.1, the Court shall hold a scheduling conference on: September 17, 2025 at 2:30 PM in Courtroom A-402, Alfred A. Arraj United States Courthouse, 901 19th Street, Denver, Colorado. On or before September 10, 2025, the parties shall file a joint proposed scheduling order in the form required pursuant to D.C.COLO.LCivR 16.2. (jrobe, ) (Entered: 07/02/2025)

WAIVER OF SERVICE Returned Executed by Institute for Patients' Rights, Not Dead Yet, United Spinal Association, Atlantis ADAPT, Mary Gossman. Jared Polis waiver sent on 7/8/2025, answer due 9/8/2025; State of Colorado waiver sent on 7/8/2025, answer due 9/8/2025. (Attachments: # 1 Continuation of Main Document)(Galvan, Ernest) (Entered: 07/25/2025)

WAIVER OF SERVICE Returned Executed by Institute for Patients' Rights, Not Dead Yet, United Spinal Association, Atlantis ADAPT, Mary Gossman. Colorado Medical Board waiver sent on 7/8/2025, answer due 9/8/2025; Roland Flores waiver sent on 7/8/2025, answer due 9/8/2025. (Attachments: # 1 Continuation of Main Document)(Galvan, Ernest) (Entered: 07/25/2025)

WAIVER OF SERVICE Returned Executed by Institute for Patients' Rights, Not Dead Yet, United Spinal Association, Atlantis ADAPT, Mary Gossman. Colorado Department of Public Health & Environment waiver sent on 7/9/2025, answer due 9/8/2025; Jill Ryan waiver sent on 7/9/2025, answer due 9/8/2025. (Attachments: # 1 Continuation of Main Document)(Galvan, Ernest) (Entered: 07/25/2025)

NOTICE of Entry of Appearance by Brian A. Keener on behalf of Colorado Medical Board, Roland FloresAttorney Brian A. Keener added to party Colorado Medical Board(pty:dft), Attorney Brian A. Keener added to party Roland Flores(pty:dft) (Keener, Brian) (Entered: 07/25/2025)

NOTICE of Entry of Appearance by Zachary W. Fitzgerald on behalf of Colorado Medical Board, Roland FloresAttorney Zachary W. Fitzgerald added to party Colorado Medical Board(pty:dft), Attorney Zachary W. Fitzgerald added to party Roland Flores(pty:dft) (Fitzgerald, Zachary) (Entered: 07/25/2025)

NOTICE of Entry of Appearance by Jason Peter Marquez on behalf of Jill RyanAttorney Jason Peter Marquez added to party Jill Ryan(pty:dft) (Marquez, Jason) (Entered: 08/04/2025)

NOTICE of Entry of Appearance by Joshua Robert Woolf on behalf of Jill RyanAttorney Joshua Robert Woolf added to party Jill Ryan(pty:dft) (Woolf, Joshua) (Entered: 08/04/2025)

NOTICE of Entry of Appearance by Ian Seth Speir on behalf of All Plaintiffs Attorney Ian Seth Speir added to party United Spinal Association(pty:pla), Attorney Ian Seth Speir added to party Not Dead Yet(pty:pla), Attorney Ian Seth Speir added to party Institute for Patients' Rights(pty:pla), Attorney Ian Seth Speir added to party Atlantis ADAPT(pty:pla), Attorney Ian Seth Speir added to party Mary Gossman(pty:pla) (Speir, Ian) (Entered: 08/13/2025)

NOTICE of Entry of Appearance by Lily E. Nierenberg on behalf of State of Colorado, Jared PolisAttorney Lily E. Nierenberg added to party State of Colorado(pty:dft), Attorney Lily E. Nierenberg added to party Jared Polis(pty:dft) (Nierenberg, Lily) (Entered: 08/18/2025)

NOTICE of Related Cases by Defendants Colorado Medical Board, Roland Flores, State of Colorado, Jared Polis, Colorado Department of Public Health & Environment, Jill Ryan (Nierenberg, Lily) (Entered: 08/18/2025)

NOTICE of Entry of Appearance by Ernest Galvan on behalf of United Spinal Association, Not Dead Yet, Institute for Patients' Rights, Atlantis ADAPT, Mary GossmanAttorney Ernest Galvan added to party United Spinal Association(pty:pla), Attorney Ernest Galvan added to party Not Dead Yet(pty:pla), Attorney Ernest Galvan added to party Institute for Patients' Rights(pty:pla), Attorney Ernest Galvan added to party Atlantis ADAPT(pty:pla), Attorney Ernest Galvan added to party Mary Gossman(pty:pla) (Galvan, Ernest) (Entered: 08/21/2025)

NOTICE of Entry of Appearance by Kara Jane Janssen on behalf of United Spinal Association, Not Dead Yet, Institute for Patients' Rights, Atlantis ADAPT, Mary GossmanAttorney Kara Jane Janssen added to party United Spinal Association(pty:pla), Attorney Kara Jane Janssen added to party Not Dead Yet(pty:pla), Attorney Kara Jane Janssen added to party Institute for Patients' Rights(pty:pla), Attorney Kara Jane Janssen added to party Atlantis ADAPT(pty:pla), Attorney Kara Jane Janssen added to party Mary Gossman(pty:pla) (Janssen, Kara) (Entered: 08/21/2025)

NOTICE of Entry of Appearance by Luma Khabbaz on behalf of United Spinal Association, Not Dead Yet, Institute for Patients' Rights, Atlantis ADAPT, Mary GossmanAttorney Luma Khabbaz added to party United Spinal Association(pty:pla), Attorney Luma Khabbaz added to party Not Dead Yet(pty:pla), Attorney Luma Khabbaz added to party Institute for Patients' Rights(pty:pla), Attorney Luma Khabbaz added to party Atlantis ADAPT(pty:pla), Attorney Luma Khabbaz added to party Mary Gossman(pty:pla) (Khabbaz, Luma) (Entered: 08/21/2025)

Unopposed MOTION for Leave to File Excess Pages to File One Twenty-Five Page Motion to Dismiss for All Defendants by Defendants Colorado Medical Board, Roland Flores, State of Colorado, Jared Polis, Colorado Department of Public Health & Environment, Jill Ryan. (Attachments: # 1 Proposed Order (PDF Only))(Nierenberg, Lily) (Entered: 09/08/2025)

Joint MOTION to Dismiss by Defendants Colorado Medical Board, Roland Flores, State of Colorado, Jared Polis, Colorado Department of Public Health & Environment, Jill Ryan. (Nierenberg, Lily) (Entered: 09/08/2025)

MOTION to Stay of Discovery and to Vacate Scheduling Conference Set for September 17, 2025 by Defendants Colorado Medical Board, Roland Flores, State of Colorado, Jared Polis, Colorado Department of Public Health & Environment, Jill Ryan. (Attachments: # 1 Appendix Defs' Exhibits A-G)(Nierenberg, Lily) (Entered: 09/08/2025)

ORDER REFERRING MOTIONS: 20 Joint MOTION to Dismiss filed by Roland Flores, Colorado Department of Public Health & Environment, State of Colorado, Jill Ryan, Jared Polis, Colorado Medical Board, 19 Unopposed MOTION for Leave to File Excess Pages to File One Twenty-Five Page Motion to Dismiss for All Defendants filed by Roland Flores, Colorado Department of Public Health & Environment, State of Colorado, Jill Ryan, Jared Polis, Colorado Medical Board, 21 MOTION to Stay of Discovery and to Vacate Scheduling Conference Set for September 17, 2025 filed by Roland Flores, Colorado Department of Public Health & Environment, State of Colorado, Jill Ryan, Jared Polis, Colorado Medical Board. Motions referred to Magistrate Judge Scott T. Varholak by Judge Regina M. Rodriguez on 9/9/2025. Text Only Entry (rmrja) (Entered: 09/09/2025)

MINUTE ORDER This matter is before the Court on Defendant's 21 Motion for Stay of Discovery and to Vacate Scheduling Conference Set for September 17, 2025 (the "Motion"). The Court sets the following expedited briefing schedule: Plaintiff shall file a Response to the Motion on or before 9/23/25, and Defendant may then file a reply on or before 9/30/25. This Motion will be taken up at a Hearing set for 10/8/25 at 2:30 PM in Courtroom A 402 before Magistrate Judge Scott T. Varholak. The Scheduling Conference set for 9/17/25 and associated deadlines are VACATED. SO ORDERED, by Magistrate Judge Scott T. Varholak on 9/9/2025. Text Only Entry (stvlc7, ) (Entered: 09/09/2025)

Order Referring Motion

Minute Order

ORDER granting Defendant's 19 Unopposed Motion for Leave to File One Twenty-Five Page Motion to Dismiss for all Defendants. Defendants are granted leave to file a motion to dismiss up to 25 pages in length. SO ORDERED, by Magistrate Judge Scott T. Varholak on 9/10/2025. Text Only Entry (stvlc7, ) (Entered: 09/10/2025)

Order AND ~Util - Terminate Motions

RESPONSE to 21 MOTION to Stay of Discovery and to Vacate Scheduling Conference Set for September 17, 2025 filed by Plaintiffs United Spinal Association, Not Dead Yet, Institute for Patients' Rights, Atlantis ADAPT, Mary Gossman. (Janssen, Kara) (Entered: 09/23/2025)

Unopposed MOTION for Leave to File Excess Pages in Response to Defendants' Joint Motion to Dismiss by Plaintiffs United Spinal Association, Not Dead Yet, Institute for Patients' Rights, Atlantis ADAPT, Mary Gossman. (Attachments: # 1 Proposed Order (PDF Only))(Janssen, Kara) (Entered: 09/25/2025)

ORDER REFERRING MOTION: 26 Unopposed MOTION for Leave to File Excess Pages in Response to Defendants' Joint Motion to Dismiss filed by Institute for Patients' Rights, Mary Gossman, Atlantis ADAPT, Not Dead Yet, United Spinal Association. Motion referred to Magistrate Judge Scott T. Varholak by Judge Regina M. Rodriguez on 9/26/2025. Text Only Entry (rmrja) (Entered: 09/26/2025)

ORDER granting 26 Plaintiffs' Unopposed Motion for Leave to File Ten Excess Pages in Response to Defendants' Joint Motion to Dismiss. Plaintiffs are granted leave to file a Response to Defendants' Joint Motion to Dismiss up to 25 pages in length. SO ORDERED, by Magistrate Judge Scott T. Varholak on 9/26/2025. Text Only Entry(stvlc7, ) (Entered: 09/26/2025)

Order Referring Motion

Order on Motion for Leave to File Excess Pages

CONSENT to Jurisdiction of Magistrate Judge by Defendants Colorado Medical Board, Roland Flores, State of Colorado, Jared Polis, Colorado Department of Public Health & Environment, Jill Ryan, Plaintiffs United Spinal Association, Not Dead Yet, Institute for Patients' Rights, Atlantis ADAPT, Mary Gossman All parties do not consent.. (Nierenberg, Lily) (Entered: 09/29/2025)

RESPONSE to 20 Joint MOTION to Dismiss filed by Plaintiffs United Spinal Association, Not Dead Yet, Institute for Patients' Rights, Atlantis ADAPT, Mary Gossman. (Galvan, Ernest) (Entered: 09/29/2025)

REPLY to Response to 21 MOTION to Stay of Discovery and to Vacate Scheduling Conference Set for September 17, 2025 filed by Defendants Colorado Medical Board, Roland Flores, State of Colorado, Jared Polis, Colorado Department of Public Health & Environment, Jill Ryan. (Nierenberg, Lily) (Entered: 09/30/2025)

Unopposed MOTION for Extension of Time to Respond to Requests for Production by Defendants Colorado Medical Board, Roland Flores, State of Colorado, Jared Polis, Colorado Department of Public Health & Environment, Jill Ryan. (Nierenberg, Lily) (Entered: 10/03/2025)

ORDER REFERRING MOTION: 32 Unopposed MOTION for Extension of Time to Respond to Requests for Production filed by Roland Flores, Colorado Department of Public Health & Environment, State of Colorado, Jill Ryan, Jared Polis, Colorado Medical Board. Motion referred to Magistrate Judge Scott T. Varholak by Judge Regina M. Rodriguez on 10/6/2025. Text Only Entry (kmyha) (Entered: 10/06/2025)

ORDER granting Defendants' 32 Unopposed Motion for Extension to Respond to Requests for Production. For good cause shown, the deadline for Defendants to respond to Plaintiffs' discovery requests is EXTENDED to November 19, 2025. SO ORDERED, by Magistrate Judge Scott T. Varholak on 10/6/2025. Text Only Entry(stvlc7, ) (Entered: 10/06/2025)

Memorandum

Order on Motion for Extension of Time to File

NOTICE of Entry of Appearance by John Kappos on behalf of Charlie Baratta, Kerry Broderick, Kelly Kee, Compassion & Choices Action NetworkAttorney John Kappos added to party Charlie Baratta(pty:intvd), Attorney John Kappos added to party Kerry Broderick(pty:intvd), Attorney John Kappos added to party Kelly Kee(pty:intvd), Attorney John Kappos added to party Compassion & Choices Action Network(pty:intvd) (Kappos, John) (Entered: 10/07/2025)

CORPORATE DISCLOSURE STATEMENT. (Kappos, John) (Entered: 10/07/2025)

MOTION to Intervene by Intervenor Defendants Charlie Baratta, Kerry Broderick, Kelly Kee, Compassion & Choices Action Network. (Attachments: # 1 Declaration of John Kappos, # 2 Exhibit 1, # 3 Declaration of Charlie Baratta, # 4 Declaration of Kelly Kee, # 5 Declaration of Kerry Broderick, # 6 Answer in Intervention)(Kappos, John) (Entered: 10/07/2025)

NOTICE of Entry of Appearance of Veronica S. Darling by Veronica S. Darling on behalf of Charlie Baratta, Kerry Broderick, Kelly Kee, Compassion & Choices Action NetworkAttorney Veronica S. Darling added to party Charlie Baratta(pty:intvd), Attorney Veronica S. Darling added to party Kerry Broderick(pty:intvd), Attorney Veronica S. Darling added to party Kelly Kee(pty:intvd), Attorney Veronica S. Darling added to party Compassion & Choices Action Network(pty:intvd) (Darling, Veronica) (Entered: 10/07/2025)

NOTICE of Entry of Appearance Jessica Pezley by Jessica Pezley on behalf of Charlie Baratta, Kerry Broderick, Kelly Kee, Compassion & Choices Action NetworkAttorney Jessica Pezley added to party Charlie Baratta(pty:intvd), Attorney Jessica Pezley added to party Kerry Broderick(pty:intvd), Attorney Jessica Pezley added to party Kelly Kee(pty:intvd), Attorney Jessica Pezley added to party Compassion & Choices Action Network(pty:intvd) (Pezley, Jessica) (Entered: 10/07/2025)

ORDER REFERRING MOTION: 37 MOTION to Intervene filed by Compassion & Choices Action Network, Kerry Broderick, Charlie Baratta, Kelly Kee. Motion referred to Magistrate Judge Scott T. Varholak by Judge Regina M. Rodriguez on 10/8/2025. Text Only Entry (kmyha) (Entered: 10/08/2025)

MINUTE ORDER This matter is before the Court on 37 Motion to Intervene (the "Motion"). The Court sets the following expedited briefing schedule: Plaintiffs shall file a Response to the Motion on or before 10/22/25, and Proposed Intervenors (Charlie Baratta, Kerry Broderick, Kelly Kee, and Compassion & Choices Action Network) may then file a reply on or before 10/29/25. This Motion will be taken up at a Hearing set for 11/5/25 at 10:00 AM in Courtroom A 402 before Magistrate Judge Scott T. Varholak. SO ORDERED, by Magistrate Judge Scott T. Varholak on 10/8/2025. Text Only Entry (stvlc7, ) (Entered: 10/08/2025)

MINUTE ENTRY for Motion Hearing held on 10/8/2025 Magistrate Judge Scott T. Varholak. Defendant's Motion for Stay of Discovery and to Vacate Scheduling Conference Set for September 17, 2025 21 is GRANTED. FTR: A402. (spric) (Entered: 10/08/2025)

Memorandum

Minute Order

MINUTE ORDER Pursuant to communication with parties, the Motion Hearing set for 11/5/2025 is VACATED and RESET for November 6, 2025 at 2:45 PM. SO ORDERED, by Magistrate Judge Scott T. Varholak on 10/9/2025. Text Only Entry (stvlc7, ) (Entered: 10/09/2025)

Unopposed MOTION for Extension of Time to File Response/Reply as to 20 Joint MOTION to Dismiss by Defendants Colorado Medical Board, Roland Flores, State of Colorado, Jared Polis, Colorado Department of Public Health & Environment, Jill Ryan. (Attachments: # 1 Proposed Order (PDF Only))(Keener, Brian) (Entered: 10/09/2025)

Minute Order

ORDER REFERRING MOTION: 44 Unopposed MOTION for Extension of Time to File Response/Reply as to 20 Joint MOTION to Dismiss filed by Roland Flores, Colorado Department of Public Health & Environment, State of Colorado, Jill Ryan, Jared Polis, Colorado Medical Board. Motion referred to Magistrate Judge Scott T. Varholak by Judge Regina M. Rodriguez on 10/10/2025. Text Only Entry (kmyha) (Entered: 10/10/2025)

ORDER granting Defendants' 44 Unopposed Motion for Extension of Time to File Reply in Support of Joint Motion to Dismiss [Dkt. 20]. For good cause shown, the deadline for Defendants to file a reply in Support of 20 Joint Motion to Dismiss is EXTENDED to October 20, 2025. SO ORDERED, by Magistrate Judge Scott T. Varholak on 10/10/2025. Text Only Entry(stvlc7, ) (Entered: 10/10/2025)

Unopposed MOTION for Leave to File Excess Pages in Reply as to 20 Joint MOTION to Dismiss by Defendants Colorado Medical Board, Roland Flores, State of Colorado, Jared Polis, Colorado Department of Public Health & Environment, Jill Ryan. (Attachments: # 1 Proposed Order (PDF Only))(Keener, Brian) (Entered: 10/10/2025)

ORDER REFERRING MOTION: 47 Unopposed MOTION for Leave to File Excess Pages in Reply as to 20 Joint MOTION to Dismiss filed by Roland Flores, Colorado Department of Public Health & Environment, State of Colorado, Jill Ryan, Jared Polis, Colorado Medical Board. Motion referred to Magistrate Judge Scott T. Varholak by Judge Regina M. Rodriguez on 10/10/2025. Text Only Entry (kmyha) (Entered: 10/10/2025)

ORDER granting Defendants' 47 Unopposed Motion for Leave to File a Fifteen-Page Reply in Support of Their Joint Motion to Dismiss. Defendants are granted leave to file a reply in support of their Joint Motion to Dismiss up to 15 pages in length. SO ORDERED, by Magistrate Judge Scott T. Varholak on 10/10/2025. Text Only Entry(stvlc7, ) (Entered: 10/10/2025)

Memorandum

Order on Motion for Extension of Time to File Response/Reply

Order on Motion for Leave to File Excess Pages

REPLY to Response to 20 Joint MOTION to Dismiss Attorney Jason Peter Marquez added to party Colorado Department of Public Health & Environment(pty:dft) filed by Defendants Colorado Department of Public Health & Environment, Colorado Medical Board, Roland Flores, Jared Polis, Jill Ryan, State of Colorado. (Marquez, Jason) (Entered: 10/20/2025)

RESPONSE to 37 MOTION to Intervene filed by Plaintiffs Atlantis ADAPT, Mary Gossman, Institute for Patients' Rights, Not Dead Yet, United Spinal Association. (Speir, Ian) (Entered: 10/22/2025)

Order on Motion to Intervene