U. S. Court of Appeals for the Tenth Circuit

260 F.Supp.2d 1055, 2003 WL 1821509

257 F.Supp.2d 1320

U. S. Court of Appeals for the Tenth Circuit

353 F.3d 1242

Class Action COMPLAINT for declaratory and equitable relief (Summons(es) issued) (bpm) (Entered: 03/28/2003)

FILING FEE PAID: on 3/27/03 in the amount of $ 150, receipt # 242319. (bpm)

MOTION by plaintifs for temporary restraining order re: medicaid benefits, and for preliminary injunction (lam) (Entered: 03/28/2003)

Memorandum (BRIEF) by plaintiffs in support of motion for temporary restraining order [2-1] and preliminary equitable relief [2-2] (lam) (Entered: 03/28/2003)

DECLARATION of Gregory R. Piche by plaintiffs in support of motion for temporary restraining order [2-1], preliminary injunction [2-2] and certification (lam) (Entered: 03/28/2003)

Information (NOTICE) by plaintiffs for TRO [2-1] (lam) (Entered: 03/28/2003)

MOTION by plaintiffs to certify as class action with incorporated legal authority (lam) (Entered: 03/28/2003)

RESPONSE by defendant Karen Reinertson to motion for temporary restraining order re: medicaid benefits [2-1], motion for preliminary injunction [2-2] (lam) (Entered: 04/01/2003)

Supplemental Information to Admission to the Bar of the Court (ATTORNEY APPEARANCE for defendant Karen Reinertson) by Ilene I. Wolf Moore (lam) (Entered: 04/01/2003)

ORDER by Judge Robert E. Blackburn: granting plas' motion for temporary restraining order [2-1]; that effective forthwith dft is enjoined and restrained from enforcing or implementing Colorado Senate Bill 03-176 (SB 03-176) as codified at section 26-4-301,C.R.S.(2003); that the court shall conduct a hearing on pla's application for preliminary injunction [2-2] 2:30 4/11/03; and that, inter alia, the parties shall be prepared to submit further argument supported by relevant authority about whether the strict scrutiny, intermediate scrutiny, or rational basis test applies to plas' equal protection analysis (cc: all counsel) ; entry date : 4/1/03 (lam) Modified on 04/01/2003 (Entered: 04/01/2003)

WAIVER AND ACCEPTANCE OF SERVICE by defendant Karen Reinertson signed on 3/28/03 by Ann Marie Hause, Esq. (lam) (Entered: 04/02/2003)

MINUTE ORDER : by Judge Robert E. Blackburn resetting hearing on preliminary injunction [2-2] to 1:30 4/10/03 (cc: all counsel) ; entry date : 4/9/03 (lam) (Entered: 04/09/2003)

RESPONSE by defendant Karen Reinertson to motion for preliminary injunction [2-2] (lam) (Entered: 04/09/2003)

Supplemental BRIEF filed by plaintiffs on strict scrutiny in review of invidious discrimination by state re: [2-2] (lam) (Entered: 04/10/2003)

MOTION by plaintiffs to file brief exceeding page limit re: motion for prel injunction (lam) (Entered: 04/10/2003)

Tendered reply memorandum submitted by plaintiffs re: motion to file brief exceeding page limit re: motion for prelim injunction [14-1] (lam)

COURTROOM MINUTES (Preliminary Injunction Hearing) by Judge Robert E. Blackburn: taking under advisement on 4/10/03 the motion for preliminary injunction [2-2]; parties to file closing argument briefs by 4/14/03 (attached are dft's witness and exhibit lists) ; entry date : 4/11/03 Court Reporter: Suzanne Claar (lam) (Entered: 04/11/2003)

MINUTE ORDER : by Judge Robert E. Blackburn granting motion to file brief exceeding page limit re: motion for prel injunction [14-1] (cc: all counsel) ; entry date : 4/15/03 (lam) (Entered: 04/15/2003)

REPLY Memorandum of Law by plaintiffs in support of motion for preliminary injunction [2-2] (lam) (Entered: 04/15/2003)

Post-Hearing Argument (BRIEF) filed by plaintiff in support of plas' motion for preliminary injunction [2-2] (lam) (Entered: 04/15/2003)

DECLARATION of Robert Goodwin, counsel for Timur Reznik (lam) (Entered: 04/15/2003)

BRIEF FILED by defendant Karen Reinertson motion for preliminary injunction [2-2] (lam) (Entered: 04/22/2003)

ORDER by Judge Robert E. Blackburn: denying plas' motion seeking a preliminary injunction [2-2]; that effective fortwith the extant restraining order issued 4/1/04 is dissolved, rescinded and annulled [9-1] (cc: all counsel) ; entry date : 4/16/03 (lam) (Entered: 04/16/2003)

MOTION by plaintiffs to stay pending appeal (pap) (Entered: 04/17/2003)

NOTICE OF APPEAL by plaintiffs re: order of 4/16/03 [20-1] ; Notice of transcript order form due 4/28/03; Notice mailed to all counsel on 4/17/03 (msn) (Entered: 04/17/2003)

$100.00 fee and $5.00 fee paid. Receipt No 242809. re: appeal [22-1] (msn)

Unopposed MOTION by defendant Karen Reinertson to extend time in which to file response to motion for class certification extended to: 04/25/03 (bpm) (Entered: 04/18/2003)

ANSWER by defendant to class action complaint for declaratory and equitable relief [1-1] (bpm) (Entered: 04/18/2003)

TRANSCRIPT of Hearing on Motion for Prel Inj on 4/10/03 before Judge Blackburn ( pages: 1-108) Prepared By: Suzanne Claar (certified copy) (gms) (Entered: 04/18/2003)

NOTIFICATION by Circuit Court of assignment of Case No. [22-1] 03-1162 (msn) (Entered: 04/21/2003)

ORDER by Judge Robert E. Blackburn granting dft's unopposed motion to extend time in which to file response to motion for class certification 04/25/03 [23-1], regarding [6-1] (cc: all counsel) ; entry date : 4/21/03 (lam) (Entered: 04/21/2003)

NOTICE OF TRANSCRIPT ORDER FORM filed by plaintiffs/appellants; TOF filed states...the necessary transcript is already on file. re: appeal [22-1] (msn) (Entered: 04/25/2003)

LETTER (Re: [22-1] ) to USCA and all counsel advising that the record is now complete...TOF filed states the necessary transcript is already on file. (msn) (Entered: 04/25/2003)

RESPONSE by defendant Karen Reinertson to motion to certify as class action [6-1] (lam) (Entered: 04/28/2003)

ATTORNEY APPEARANCE for plaintiffs by Mark Silverstein (lam) (Entered: 04/28/2003)

Copy of ORDER from Court of Appeals [22-1] granting plaintiff's/appellant's Emergency Motion for Injunction Pending Appeal. A short-term injunction will be granted pending appeal and will not be conditioned on the posting of a bond. (msn) (Entered: 04/30/2003)

RESPONSE by defendant Karen Reinertson to plas' motion to stay pending appeal [21-1] (lam) (Entered: 04/30/2003)

ORDER by Judge Robert E. Blackburn denying as moot Plaintiff's motion to stay pending appeal [21-1] (cc: all counsel) ; entry date : 5/1/03 (msn) (Entered: 05/01/2003)

MINUTE ORDER : by Judge Robert E. Blackburn Case reassigned to Judge Phillip S. Figa (cc: all counsel) ; entry date : 10/29/03 (lam) (Entered: 10/29/2003)

EXHIBIT Notebook "Original" by defendant Karen Reinertson to minutes [15-1] Preliminary Injunction Proceeding 4/10/03 (pap) (Entered: 11/14/2003)

Copy of ORDER from Court of Appeals [22-1]; appellant's peition for rehearing is denied and the petition for rehearing en banc is also denied (msn) (Entered: 05/27/2004)

MANDATE from the Court of Appeals; CA # 03-1162; Dt issued 6/2/04; JUDGMENT filed 1/12/04 affirming in part and reversing in part the decision of the District Court [Appeal [22-1]; USCA's injunction pending appeal is vacated and USDC's denial of plaintiff's motion for a preliminary injunction is affirmed except the district court's entry of a preliminary injunction prohibiting defendant from terminating benefits to any member of the class for failure to return redetermination forms unless the member has been given notice of the right to request a pre-termination hearing is reversed and remanded. (msn) (Entered: 06/03/2004)

Notice of Withdrawal and ATTORNEY SUBSTITUTION: terminating attorney Ann Hause for Karen Reinertson and substituting attorney Anne Baudino Holton (dlb) (Entered: 06/25/2004)

ORDER, Set Hearings: Status Conference set for 2/22/2005 11:30 AM in Courtroom A 602 before Judge Phillip S. Figa.. Signed by Judge Phillip S. Figa on 2/11/05. (erv, ) (Entered: 02/15/2005)

MOTION to Continue 2/22/05 Status Conference by Plaintiffs.(pap, ) (Entered: 02/18/2005)

ORDER granting 42 Motion to Continue Status Conference. Status conf reset to 3/14/05 at 8:30 a.m. Signed by Judge Phillip S. Figa on 2/17/05. (gms, ) (Entered: 02/22/2005)

STATUS REPORT by the Colorado Dept of Health Care Policy and Financing (erv, ) (Entered: 03/09/2005)

Minute Entry for proceedings held before Judge Phillip S. Figa : Status Conference held on 3/14/2005 re 6 MOTION by plaintiffs to certify as class action with incorporated legal authority is DENIED AS MOOT. By Stipulation of the parties, this civil action is DISMISSED with prejudice subject to the right of plas' counsel to file mtn for attys' fees within 30 days. (Court Reporter Darlene Martinez.) (dlb, ) (Entered: 03/16/2005)

ORDER DISMISSING CASE pursuant to By Stipulation of the parties, this civil action is DISMISSED with prejudice on the basis of mootness. Each party shall bear own costs. Any motion for attys fees or other ancillary relief be filed by 4/30/05. Signed by Judge Phillip S. Figa on 3/14/05. (dlb, ) (Entered: 03/16/2005)

Plaintiff's MOTION for Attorney Fees.(dlb, ) (Entered: 04/14/2005)

DECLARATION of Marc Cohan in support of 47 Plaintiff's Application (MOTION) for Attorney Fees. (dlb, ) (Entered: 04/14/2005)

NOTICE of Appearance by Patricia Dianne Herron on behalf of Karen Reinertson (dlb, ) (Entered: 04/27/2005)

Dft's MOTION for Extension of Time to File Response to5/27/05 47 Plaintiff's MOTION for Attorney Fees. (dlb, ) (Entered: 04/28/2005)

ORDER granting Defendant's Unopposed 50 Motion for Extension of Time to File Response/Reply re 47 MOTION for Attorney Fees . Signed by Judge Phillip S. Figa on 4/28/05. (lam, ) (Entered: 05/02/2005)

Dft's Second MOTION for Extension of Time to File Response to 47 Plaintiff's MOTION for Attorney Fees. (dlb, ) (Entered: 06/01/2005)

Dft's Amended Second MOTION for Extension of Time to File Response to 47 Plaintiff's MOTION for Attorney Fees. (dlb, ) (Entered: 06/01/2005)

ORDER granting 53 Motion for Extension of Time to File Response to 47 Plaintiffs' MOTION for Attorney Fees to 6/27/05. Signed by Judge Phillip S. Figa on 6/2/05. (lam, ) (Entered: 06/06/2005)

ORDER to Vacate Deadline Dates and Set Date for Dismissal Papers no later than 8/8/2005.Signed by Judge Phillip S. Figa on 6/24/05. (lam, ) (Entered: 06/27/2005)

Unopposed MOTION For Extension of Time to File Dismissal Documents With The Court by Defendant Karen Reinertson. (Attachments: # 1 Proposed Order (PDF Only) Order Granting Defendant's Motion for Extension of Time Within Which to File Dismissal Documents With The Court)(Herron, Patricia) (Entered: 08/03/2005)

1 Proposed Order (PDF Only) Order Granting Defendant's Motion for Extension o

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ORDER granting 56 Motion for Extension of Time to File Dismissal Documents to 9/7/05 . Signed by Judge Phillip S. Figa on 8/4/05. (gms, ) (Entered: 08/05/2005)