Case: Soskin v. Reinertson

1:03-cv-00529 | U.S. District Court for the District of Colorado

Filed Date: March 27, 2003

Closed Date: 2005

Clearinghouse coding complete

Case Summary

On March 27, 2003, attorneys for the National Immigration Law Center, the American Civil Liberties Union Immigrants' Rights Project and other advocacy groups filed a class action lawsuit under 42 U.S.C. § 1983 in U.S. District Court for the District of Colorado, challenging the provisions of Colorado Senate Bill 03-176 ("SB 03-176") that terminated Medicaid eligibility for lawfully present immigrants solely on the basis of their status asnon-citizens. Plaintiffs asserted that the law violated …

On March 27, 2003, attorneys for the National Immigration Law Center, the American Civil Liberties Union Immigrants' Rights Project and other advocacy groups filed a class action lawsuit under 42 U.S.C. § 1983 in U.S. District Court for the District of Colorado, challenging the provisions of Colorado Senate Bill 03-176 ("SB 03-176") that terminated Medicaid eligibility for lawfully present immigrants solely on the basis of their status as

non-citizens. Plaintiffs asserted that the law violated equal protection and due process. The Colorado law was enacted pursuant to a provision of the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996, 8 U.S.C.A. § 1612(b), which permitted the states deny certain public benefits to qualified aliens.

On April 1, 2003, the District Court (Judge Blackburn) issued a TRO, preventing the defendant from enforcing or implementing Colorado Senate Bill 03-176. A preliminary injunction hearing followed and Judge Blackburn dissolved the TRO and denied further relief to plaintiffs. Soskin v. Reinertson 257 F.Supp.2d 1320, 1320 (D.Colo. 2003). Plaintiffs' request for a stay pending appeal was denied.

On January 12, 2004, the U.S. Court of Appeals Tenth Circuit (Judge Hartz) affirmed in part, reversed in part, and remanded the case. The Appeals Court upheld the trial court's determination at the new law did not violate Equal Protection Clause. The Court, however, remanded to the District Court for entry of a preliminary injunction prohibiting the State 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. Soskin v. Reinertson 353 F.3d 1242, 1242 (10th Cir. 2004).

On remand, the Court eventually dismissed the case per the stipulation of the parties with prejudice on the basis of mootness. It is unclear from the PACER docket whether the dismissal was the result of any agreed upon settlement.

Summary Authors

Erica Woodruff (8/7/2007)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4694135/parties/soskin-v-reinertson/


Judge(s)

Blackburn, Robert E. (Colorado)

Attorney for Plaintiff

Barker, Scott (Colorado)

Broder, Tanya (California)

Cohan, Marc (New York)

Attorney for Defendant
Expert/Monitor/Master/Other

Bondy, Thomas M. (District of Columbia)

Documents in the Clearinghouse

Documents in this case

03-01162

Docket (PACER)

U.S. Court of Appeals for the Tenth Circuit

Dec. 23, 2004

Dec. 23, 2004

Docket

1:03-cv-00529

Docket (PACER)

Aug. 4, 2005

Aug. 4, 2005

Docket
1

1:03-cv-00529

Class Action Complaint for Declaratory and Equitable Relief

March 27, 2003

March 27, 2003

Complaint
9

1:03-cv-00529

Opinion

April 1, 2003

April 1, 2003

Order/Opinion

260 F.Supp.2d 1055

20

1:03-cv-00529

Opinion

April 16, 2003

April 16, 2003

Order/Opinion

257 F.Supp.2d 1320

03-01162

Opinion

U.S. Court of Appeals for the Tenth Circuit

Jan. 12, 2004

Jan. 12, 2004

Order/Opinion

353 F.3d 1242

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4694135/soskin-v-reinertson/

Last updated July 19, 2026, 5:48 a.m.

Docket for: Soskin v. Reinertson
ECF Number Date Description Link
1 March 27, 2003

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

RECAP
March 27, 2003

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

2 March 28, 2003

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

RECAP
3 March 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)

RECAP
4 March 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)

RECAP
5 March 28, 2003

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

RECAP
6 March 28, 2003

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

RECAP
7 March 31, 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)

RECAP
8 March 31, 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)

RECAP
9 April 1, 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)

RECAP
10 April 1, 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)

RECAP
12 April 8, 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)

RECAP
11 April 9, 2003

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

RECAP
13 April 9, 2003

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

RECAP
14 April 9, 2003

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

RECAP
April 9, 2003

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

15 April 10, 2003

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)

RECAP
16 April 14, 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)

RECAP
17 April 14, 2003

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

RECAP
18 April 14, 2003

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

RECAP
19 April 14, 2003

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

RECAP
28 April 14, 2003

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

RECAP
20 April 16, 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)

RECAP
21 April 16, 2003

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

RECAP
22 April 16, 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)

RECAP
April 16, 2003

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

23 April 17, 2003

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)

RECAP
24 April 17, 2003

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

RECAP
25 April 17, 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)

RECAP
26 April 18, 2003

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

RECAP
27 April 18, 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)

RECAP
29 April 24, 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)

RECAP
30 April 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)

RECAP
31 April 25, 2003

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

RECAP
32 April 25, 2003

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

RECAP
33 April 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)

RECAP
34 April 29, 2003

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

RECAP
35 April 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)

RECAP
36 Oct. 29, 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)

RECAP
37 Nov. 13, 2003

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

RECAP
38 May 26, 2004

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)

RECAP
39 June 2, 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)

RECAP
40 June 24, 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)

RECAP
41 Feb. 11, 2005

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)

RECAP
42 Feb. 16, 2005

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

RECAP
43 Feb. 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)

RECAP
44 March 7, 2005

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

RECAP
45 March 14, 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)

RECAP
46 March 14, 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)

RECAP
47 April 13, 2005

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

RECAP
48 April 13, 2005

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

RECAP
49 April 26, 2005

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

RECAP
50 April 26, 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)

RECAP
51 April 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)

RECAP
52 May 31, 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)

RECAP
53 May 31, 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)

RECAP
54 June 2, 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)

RECAP
55 June 24, 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)

RECAP
56 Aug. 3, 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

View on PACER

RECAP
57 Aug. 4, 2005

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)

RECAP

Case Details

State / Territory:

Colorado

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: March 27, 2003

Closing Date: 2005

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A class of lawful aliens challenging the implementation of a Colorado law that would deny them Medicaid benefits.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

National Immigration Law Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

State

Colorado Department of Health Care Policy and Financing

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Federalism (including 10th Amendment)

Other Dockets:

District of Colorado 1:03-cv-00529

U.S. Court of Appeals for the Tenth Circuit 03-01162

Available Documents:

Any published opinion

Complaint (any)

Injunctive (or Injunctive-like) Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Form of Settlement:

Voluntary Dismissal

Content of Injunction:

Preliminary relief granted

Issues

General/Misc.:

Public benefits (includes, e.g., in-state tuition, govt. jobs)

Immigration/Border:

Constitutional rights

Recommended Citation