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)

Figa, Phillip S. (Colorado)

Hartz, Harris L. (New Mexico)

Henry, Robert Harlan (Oklahoma)

Kelly, Paul Joseph Jr. (New Mexico)

Attorneys(s) for Plaintiff

Barker, Scott (Colorado)

Broder, Tanya (California)

Cohan, Marc (New York)

Guttentag, Lucas (New York)

Joaquin, Linton (California)

Judge(s)

Blackburn, Robert E. (Colorado)

Figa, Phillip S. (Colorado)

Hartz, Harris L. (New Mexico)

Henry, Robert Harlan (Oklahoma)

Kelly, Paul Joseph Jr. (New Mexico)

Attorneys(s) for Plaintiff

Barker, Scott (Colorado)

Broder, Tanya (California)

Cohan, Marc (New York)

Guttentag, Lucas (New York)

Joaquin, Linton (California)

Lessard, Gabrielle (California)

Mannix, Mary R. (New York)

Masciocchi, Stephen (Colorado)

Pearson, Anne H. (New York)

Perkins, Jane (North Carolina)

Piche, Gregory R. (Colorado)

Scharf, Rebecca L. (New York)

Silverstein, Mark (Colorado)

Attorneys(s) for Defendant

Fagan, Terence [Renny] P. (Colorado)

Hause, Ann (Colorado)

Herron, Patricia Dianne (Colorado)

Holton, Anne Baudino (Colorado)

Salazar, Ken (Colorado)

Wolf, Ilene I. (Colorado)

Other Attorney(s)

Bondy, Thomas M. (District of Columbia)

McCallum, Robert D. Jr. (District of Columbia)

Miller, Eric David (District of Columbia)

Suthers, John W. (Colorado)

Documents in the Clearinghouse

Document

Docket (PACER)

U. S. Court of Appeals for the Tenth Circuit

Dec. 23, 2004 Docket

Docket (PACER)

Aug. 4, 2005 Docket
1

Class Action Complaint for Declaratory and Equitable Relief

March 27, 2003 Complaint
9

Opinion

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

April 1, 2003 Order/Opinion
20

Opinion

257 F.Supp.2d 1320

April 16, 2003 Order/Opinion

Opinion

U. S. Court of Appeals for the Tenth Circuit

353 F.3d 1242

Jan. 12, 2004 Order/Opinion

Docket

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

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
1

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

March 27, 2003 PACER

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

March 27, 2003 PACER
2

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

March 28, 2003 PACER
3

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)

March 28, 2003 PACER
4

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)

March 28, 2003 PACER
5

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

March 28, 2003 PACER
6

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

March 28, 2003 PACER
7

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)

March 31, 2003 PACER
8

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)

March 31, 2003 PACER
9

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)

April 1, 2003 PACER
10

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

April 1, 2003 PACER
12

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)

April 8, 2003 PACER
11

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

April 9, 2003 PACER
13

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

April 9, 2003 PACER
14

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

April 9, 2003 PACER

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

April 9, 2003 PACER
15

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)

April 10, 2003 PACER
16

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)

April 14, 2003 PACER
17

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

April 14, 2003 PACER
18

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

April 14, 2003 PACER
19

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

April 14, 2003 PACER
28

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

April 14, 2003 PACER
20

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)

April 16, 2003 PACER
21

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

April 16, 2003 PACER
22

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)

April 16, 2003 PACER

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

April 16, 2003 PACER
23

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)

April 17, 2003 PACER
24

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

April 17, 2003 PACER
25

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)

April 17, 2003 PACER
26

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

April 18, 2003 PACER
27

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)

April 18, 2003 PACER
29

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)

April 24, 2003 PACER
30

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)

April 25, 2003 PACER
31

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

April 25, 2003 PACER
32

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

April 25, 2003 PACER
33

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)

April 28, 2003 PACER
34

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

April 29, 2003 PACER
35

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)

April 30, 2003 PACER
36

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)

Oct. 29, 2003 PACER
37

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

Nov. 13, 2003 PACER
38

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)

May 26, 2004 PACER
39

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)

June 2, 2004 PACER
40

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

June 24, 2004 PACER
41

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)

Feb. 11, 2005 PACER
42

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

Feb. 16, 2005 PACER
43

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)

Feb. 18, 2005 PACER
44

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

March 7, 2005 PACER
45

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)

March 14, 2005 PACER
46

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)

March 14, 2005 PACER
47

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

April 13, 2005 PACER
48

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

April 13, 2005 PACER
49

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

April 26, 2005 PACER
50

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)

April 26, 2005 PACER
51

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)

April 28, 2005 PACER
52

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

May 31, 2005 PACER
53

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)

May 31, 2005 PACER
54

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)

June 2, 2005 PACER
55

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)

June 24, 2005 RECAP
56

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

Aug. 3, 2005 PACER
57

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)

Aug. 4, 2005 PACER

State / Territory: Colorado

Case Type(s):

Immigration and/or the Border

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

Colorado Department of Health Care Policy and Financing, State

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Federalism (including 10th Amendment)

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Mixed

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Form of Settlement:

Voluntary Dismissal

Content of Injunction:

Preliminary relief granted

Issues

General:

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

Immigration/Border:

Constitutional rights