Case: J.E.M. v. Kinkade

J.E.M. v. Kincade

J.E.M. v. Kincade

COMPLAINT against defendants Kinkade and Parks filed by Joel Ferber on behalf of All Plaintiffs. Filing fee $400, receipt number 0866-5028533. Service due by 1/20/2017. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet)(Ferber, Joel) Modified on 10/18/2016 (Russel, Jeri). (Entered: 10/18/2016)

1 Civil Cover Sheet Civil Cover Sheet

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MOTION for preliminary injunction filed by Joel Ferber on behalf of All Plaintiffs. Suggestions in opposition/response due by 11/4/2016 unless otherwise directed by the court. (Attachments: # 1 Exhibit Plaintiff's List of Exhibits in Support of Motion for Preliminary Injunction, # 2 Exhibit Exhibit 1, # 3 Exhibit Exhibit 2, # 4 Exhibit Exhibit 3, # 5 Exhibit Exhibit 4, # 6 Exhibit Exhibit 5, # 7 Exhibit Exhibit 6, # 8 Exhibit Exhibit 7, # 9 Exhibit Exhibit 8, # 10 Exhibit Exhibit 9, # 11 Exhibit Exhibit 10, # 12 Exhibit Exhibit 11, # 13 Exhibit Exhibit 12, # 14 Exhibit Exhibit 13)(Ferber, Joel) (Entered: 10/18/2016)

1 Exhibit Plaintiff's List of Exhibits in Support of Motion for Preliminary I

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2 Exhibit Exhibit 1

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3 Exhibit Exhibit 2

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4 Exhibit Exhibit 3

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5 Exhibit Exhibit 4

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6 Exhibit Exhibit 5

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7 Exhibit Exhibit 6

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8 Exhibit Exhibit 7

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9 Exhibit Exhibit 8

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10 Exhibit Exhibit 9

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11 Exhibit Exhibit 10

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12 Exhibit Exhibit 11

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13 Exhibit Exhibit 12

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14 Exhibit Exhibit 13

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MOTION for leave to file excess pages filed by Joel Ferber on behalf of All Plaintiffs. Suggestions in opposition/response due by 11/4/2016 unless otherwise directed by the court. (Ferber, Joel) (Entered: 10/18/2016)

MOTION for order to proceed with the use of initials filed by Joel Ferber on behalf of All Plaintiffs. Suggestions in opposition/response due by 11/4/2016 unless otherwise directed by the court. (Ferber, Joel) (Entered: 10/18/2016)

SUGGESTIONS in support re 2 MOTION for preliminary injunction filed by Joel Ferber on behalf of Plaintiffs J.E.M., J.L.M.. (Related document(s) 2 ) (Ferber, Joel) (Entered: 10/18/2016)

NOTICE OF INCLUSION FOR MEDIATION AND ASSESSMENT PROGRAM (MAP). REVIEW NOTICE AND MAP GENERAL ORDER CAREFULLY FOR IMPORTANT CHANGES, DEADLINES AND REQUIREMENTS.Notice of MAP assignment to United States Magistrate Judge William A. Knox. (Attachments: # 1 MAP General Order)(Russel, Jeri) (Entered: 10/18/2016)

1 MAP General Order

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SUMMONS ISSUED as to Brian Kinkade, Joseph Parks. (Watson, Olivette)

ORDER entered by Judge Nanette Laughrey. Plaintiffs' Motion for Leave to File Excess Pages, Doc. 3, is granted. Plaintiffs' Suggestions in Support of their Motion for Preliminary Injunction may not exceed 25 pages. Plaintiffs' Motion for Order to Proceed with the Use of Initials, Doc. 4, is granted. Plaintiffs may proceed in this matter with the use of their initials in order to preserve their privacy. It is further ordered that Defendants shall not publicly disclose Plaintiffs' names or personally identifying information. All parties shall file any documents with this Court redacted of Plaintiffs' names and other personally identifying information. This is a TEXT ONLY ENTRY. No document is attached.(Specker, Suzanne) (Entered: 10/19/2016)

Motion to allow Abigail Koelzer Coursolle to appear pro hac vice (Pro Hac fee $50 receipt number 0866-5030446) filed by Joel Ferber on behalf of All Plaintiffs. (Ferber, Joel) (Main Document 8 replaced with petition only on 10/20/2016) (Lock, Tania). (Entered: 10/19/2016)

Entry of Appearance filed by Jamie Rodriguez on behalf of All Plaintiffs. (Attorney Jamie Rodriguez added to party J.E.M.(pty:pla), Attorney Jamie Rodriguez added to party J.L.M.(pty:pla))(Rodriguez, Jamie) Modified on 10/19/2016 to correct event (Lock, Tania). (Entered: 10/19/2016)

ORDER ON PRETRIAL PROCEDURES. Service must be obtained on all defendants within forty (40) days of the date of this Order unless otherwise authorized by the Court. Signed on 10/19/16 by District Judge Nanette K. Laughrey. (Matthes Mitra, Renea) (Entered: 10/19/2016)

NOTICE of appearance by John J. Ammann on behalf of All Plaintiffs (Attorney John J. Ammann added to party J.E.M.(pty:pla), Attorney John J. Ammann added to party J.L.M.(pty:pla))(Ammann, John) (Entered: 10/19/2016)

Motion to allow Martha Jane Perkins to appear pro hac vice (Pro Hac fee $50 receipt number 0866-5033692) filed by Joel Ferber on behalf of All Plaintiffs. (Ferber, Joel) (Main Document 12 replaced with petition for pro hac only on 10/24/2016. Original ECF registration forms should be submitted by mail, not filed on ECF ) (Lock, Tania). Modified on 10/24/2016 (Lock, Tania). (Entered: 10/21/2016)

RETURN OF SERVICE of complaint executed by All Plaintiffs. Brian Kinkade served on 10/20/2016, answer due 11/10/2016. (Ammann, John) (Entered: 10/24/2016)

RETURN OF SERVICE of complaint executed by All Plaintiffs. Joe Parks, M.D. served on 10/20/2016, answer due 11/10/2016. (Ammann, John) (Entered: 10/24/2016)

Amended Petition for Admission Pro Hac Vice for Martha Jane Perkins filed by Joel Ferber on behalf of All Plaintiffs. Suggestions in opposition/response due by 11/14/2016 unless otherwise directed by the court. (Ferber, Joel) Modified on 10/26/2016 to correct event type (Lock, Tania). (Entered: 10/25/2016)

Amended Petition for Admission Pro Hac Vice for Abigail K. Coursolle filed by Joel Ferber on behalf of All Plaintiffs. Suggestions in opposition/response due by 11/14/2016 unless otherwise directed by the court. (Ferber, Joel) Modified on 10/26/2016 to correct event type (Lock, Tania). (Entered: 10/25/2016)

ORDER granting 15 & 16 amended motions to appear pro hac vice entered by Clerk of Court. Attorney Martha Jane Perkins and Abigail Coursolle for J.E.M. and J.L.M. allowed to appear pro hac vice. This entry will serve as authorization for the pro hac participation by the attorney. Western District of Missouri Local Rule 5.1 requires documents to be filed electronically. If pro hac vice counsel has not already done so, counsel is directed to immediately register for a CM/ECF account. This will enable counsel to electronically file documents and receive electronic notification of filings. Please return the original completed ECF Registration Form to 80 Lafayette Street, Jefferson City, Missouri 65101. Signed on 10/26/2016 by Clerk of Court. This is a TEXT ONLY ENTRY. No document is attached.(Lock, Tania) (Entered: 10/26/2016)

NOTICE of appearance by Colleen Joern Vetter on behalf of Brian Kinkade, Joe Parks, M.D. (Attorney Colleen Joern Vetter added to party Brian Kinkade(pty:dft), Attorney Colleen Joern Vetter added to party Joe Parks, M.D.(pty:dft))(Vetter, Colleen) (Entered: 11/02/2016)

MOTION for extension of time to Respond to Plaintiffs' Motion for Preliminary Injunction and to File a Responsive Pleading filed by Colleen Joern Vetter on behalf of Brian Kinkade, Joe Parks, M.D.. Suggestions in opposition/response due by 11/21/2016 unless otherwise directed by the court. (Vetter, Colleen) (Entered: 11/02/2016)

ORDER entered by Judge Nanette Laughrey. Defendants' Motion for Extension of Time, Doc. 19, is granted. Defendants' responses to Plaintiffs' Motion for Preliminary Injunction, Doc. 2, are due on or before 11/21/2016. Defendants' responses to Plaintiffs' Complaint, Doc. 1, are due on or before 1/2/2017. This is a TEXT ONLY ENTRY. No document is attached.(Specker, Suzanne) (Entered: 11/03/2016)

MOTION for leave to file excess pages filed by Colleen Joern Vetter on behalf of Brian Kinkade, Joe Parks, M.D.. Suggestions in opposition/response due by 12/8/2016 unless otherwise directed by the court. (Vetter, Colleen) (Entered: 11/21/2016)

SUGGESTIONS in opposition re 2 MOTION for preliminary injunction filed by Colleen Joern Vetter on behalf of Defendants Brian Kinkade, Joe Parks, M.D.. Reply suggestions due by 12/8/2016 unless otherwise directed by the court (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H)(Related document(s) 2 ) (Vetter, Colleen) (Entered: 11/21/2016)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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7 Exhibit G

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8 Exhibit H

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ORDER entered by Judge Nanette Laughrey. Defendants' motion for leave to file excess pages, Doc. 21, is granted. Defendants' response to Plaintiffs' motion for preliminary injunction may not exceed 25 pages.This is a TEXT ONLY ENTRY. No document is attached.(Specker, Suzanne) (Entered: 11/23/2016)

REPLY SUGGESTIONS to motion re 2 MOTION for preliminary injunction filed by Joel Ferber on behalf of Plaintiffs J.E.M., J.L.M.. (Related document(s) 2 ) (Ferber, Joel) (Entered: 12/02/2016)

ORDER. A Telephone Conference set for 12/13/2016 at 04:00 PM concerning scheduling related to Plaintiffs' motion for preliminary injunction, Doc. 2 . The parties shall call conference number: 877-336-1828, access code: 8503666 to participate. Signed on 12/13/16 by District Judge Nanette K. Laughrey. This is a TEXT ONLY ENTRY. No document is attached. (Matthes Mitra, Renea) (Entered: 12/13/2016)

AMENDED ORDER. The teleconference conference previously set for 12/13/2016 is RESET for 12/14/2016 at 11:00 AM concerning scheduling related to Plaintiffs' motion for preliminary injunction, Doc. 2. The parties shall call conference number: 877-336-1828, access code: 8503666 to participate. Signed on 12/13/16 by District Judge Nanette K. Laughrey. This is a TEXT ONLY ENTRY. No document is attached. (Matthes Mitra, Renea) Modified on 12/13/2016 to correct the date of the teleconference (Matthes Mitra, Renea). (Entered: 12/13/2016)

SECOND AMENDED ORDER. The teleconference conference previously set for 12/14/2016 is RESET for 12/15/2016 at 9:00 AM concerning scheduling related to Plaintiffs' motion for preliminary injunction, Doc. 2. The parties shall call conference number: 877-336-1828, access code: 8503666 to participate. Signed on 12/13/16 by District Judge Nanette K. Laughrey. This is a TEXT ONLY ENTRY. No document is attached. (Matthes Mitra, Renea) (Entered: 12/13/2016)

MINUTE ENTRY. Teleconference held before the Hon. Nanette K. Laughrey on 12/15/2016 about scheduling related to Plaintiffs' motion for preliminary injunction. Oral argument on the motion for preliminary injunction is set for 12/30/2016 at 11:00 a.m. by phone. The Court took under advisement whether an evidentiary hearing is needed. The parties presented argument on the need for an evidentiary hearing. Defendants argued an evidentiary hearing is required for the Court to determine the community standard of care for Hepatitis C treatment. Defendants also argued for an evidentiary hearing so that they can cross-examine Plaintiffs' experts on their opinions, which Defendants are challenging. Plaintiffs argued that no evidentiary hearing is required because all issues can be resolved on the law. Appearances: Plaintiffs by Joel Ferber, Abigail Coursolle, and John Ammann. Defendants by Colleen Joern Vetter. Court Reporter: None. Minutes prepared by Suzanne Specker. (Text entry only.) (Specker, Suzanne) (Entered: 12/15/2016)

ORDER. Oral Argument on Plaintiffs' Motion for Preliminary Injunction, Doc. 2, will be presented by Telephone Conference on 12/30/2016 at 11:00 AM. The parties shall call conference number: 877-336-1828, access code: 8503666 to participate. Signed on 12/15/16 by District Judge Nanette K. Laughrey. This is a TEXT ONLY ENTRY. No document is attached. (Matthes Mitra, Renea) (Entered: 12/15/2016)

ORDER entered by Judge Nanette Laughrey. This case is transferred to the Hon. Stephen R. Bough, with his consent. The Clerk of Court is directed to reassign this case to Judge Bough.This is a TEXT ONLY ENTRY. No document is attached. (Specker, Suzanne) (Entered: 12/15/2016)

ORDER TRANSFERRING CASE. Case reassigned to District Judge Stephen R. Bough for all further proceedings. District Judge Nanette K. Laughrey no longer assigned to case. Please make a note of the new case number: 16-04273-CV-C-SRB. Signed on 12/15/16 by Clerk of the Court. This is a TEXT ONLY ENTRY. No document is attached. (Diefenbach, Tracy) Modified on 12/15/2016 to correct transferring signature. Notice regenerated. (Diefenbach, Tracy). (Entered: 12/15/2016)

ORDER setting hearing on motion 2 MOTION for preliminary injunction Hearing set for 1/6/2017 01:30 PM in Courtroom 7B, Kansas City (SRB) before District Judge Stephen R. Bough. Telephone Conference set for 12/30/16 at 11:00 a.m. is cancelled. Signed on 12/16/16 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached. (Diefenbach, Tracy) (Entered: 12/16/2016)

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Colleen Joern Vetter on behalf of Brian Kinkade, Joe Parks, M.D.. Suggestions in opposition/response due by 1/17/2017 unless service is made pursuant to FRCP 5 or as otherwise directed by the court. (Vetter, Colleen) (Entered: 01/03/2017)

SUGGESTIONS in support re 33 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Colleen Joern Vetter on behalf of Defendants Brian Kinkade, Joe Parks, M.D.. (Related document(s) 33 ) (Vetter, Colleen) (Entered: 01/03/2017)

Minute Entry. Proceedings held before District Judge Stephen R. Bough: MOTION HEARING held on 1/6/2017 re 2 MOTION for preliminary injunction filed by J.E.M., J.L.M.. Court hears argument. Matter taken under advisement. Order to be entered. Counsel appearing for Plaintiff(s): Abigail Coursolle, Joel Ferber, John Ammann, Jamie Rodriguez. Counsel appearing for Defendant(s): Colleen Joern Vetter. Time in court: 1:30 pm to 3:05 pm. To order a transcript of this hearing please contact Gayle Wambolt, 816-512-5641. This is a TEXT ONLY ENTRY. No document is attached. (Diefenbach, Tracy) (Entered: 01/06/2017)

RULE 16 NOTICE. Proposed scheduling order due by 2/24/2017. Scheduling Conference set for 3/10/2017 09:00 AM via telephone conference before District Judge Stephen R. Bough. Conference call information emailed to counsel. Signed on 1/12/17 by District Judge Stephen R. Bough. (Diefenbach, Tracy) (Entered: 01/12/2017)

SUGGESTIONS in opposition re 33 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by John J. Ammann on behalf of Plaintiffs J.E.M., J.L.M.. Reply suggestions due by 1/27/2017 unless otherwise directed by the court. (Related document(s) 33 ) (Ammann, John) (Entered: 01/13/2017)

REPLY SUGGESTIONS to motion re 33 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Colleen Joern Vetter on behalf of Defendants Brian Kinkade, Joe Parks, M.D.. (Related document(s) 33 ) (Vetter, Colleen) (Entered: 01/27/2017)

NOTICE OF INCLUSION FOR MEDIATION AND ASSESSMENT PROGRAM (MAP). REVIEW NOTICE AND MAP GENERAL ORDER CAREFULLY FOR IMPORTANT CHANGES, DEADLINES AND REQUIREMENTS.Notice of MAP assignment to an outside mediator-MU. (Geiser, Angel) (Additional attachment(s) added on 1/30/2017: # 1 MAP General Order) (Geiser, Angel). (Entered: 01/30/2017)

1 MAP General Order

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ORDERED: 1) Plaintiffs' Motion for Preliminary Injunction (Doc. #2) is granted in part; 2) The Court enters a preliminary injunction prohibiting Defendants from requiring three months of negative drug and alcohol screens prior to submitting requests for DAA approval; 3) Defendants are directed to file a status report with the Court regarding implementation of this injunction within thirty (30) days of the date of this Order; and 4) The Court will contact the parties to schedule an evidentiary hearing regarding Plaintiffs request for a preliminary injunction prohibiting Defendants from considering an HCV patients fibrosis score in deciding whether to approve or deny a healthcare providers request for DAA treatment. Signed on 2/2/17 by District Judge Stephen R. Bough. (Diefenbach, Tracy) (Entered: 02/02/2017)

ORDERED that Defendants' Motion to Dismiss (Doc. #33) is DENIED. Signed on 2/2/17 by District Judge Stephen R. Bough. (Diefenbach, Tracy) (Entered: 02/02/2017)

NOTICE OF HEARING - This is the official notice for this hearing. This is a TEXT ONLY ENTRY. No document is attached. Evidentiary Hearing set for 3/10/2017 01:30 PM in Courtroom 7B, Kansas City (SRB) before District Judge Stephen R. Bough. Scheduling Conference set for 3/10/17 at 9:00 a.m. is reset for 3/10/2017 01:30 PM in Courtroom 7B, Kansas City (SRB) before District Judge Stephen R. Bough. (Diefenbach, Tracy) (Entered: 02/09/2017)

MOTION to substitute party filed by Colleen Joern Vetter on behalf of Brian Kinkade, Joe Parks, M.D.. Suggestions in opposition/response due by 2/28/2017 unless otherwise directed by the court. (Vetter, Colleen) (Entered: 02/14/2017)

Before the Court is Defendants' Motion for Substitution of Parties. (Doc. #43). For good cause stated the motion is GRANTED. Jennifer Tidball as the Acting Director of Missouri Department of Social Services is hereby substituted for Defendant Brian Kinkade, and Jay Ludlam as the Acting Director of MO HealthNet Division is hereby substituted for Defendant Joe Parks, M.D. Signed on 2/14/17 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached.(Diefenbach, Tracy) (Entered: 02/14/2017)

MOTION for extension of time to file answer re 1 Complaint, filed by Colleen Joern Vetter on behalf of Jay Ludlam, Acting Director of MO HealthNet Division, Jennifer Tidball, Acting Director of Missouri Department of Social Services. Suggestions in opposition/response due by 3/1/2017 unless otherwise directed by the court. (Related document(s) 1 ) (Vetter, Colleen) (Entered: 02/15/2017)

ORDER: Before the Court is Defendants' Motion for Extension of time to Answer Plaintiffs' Complaint (Doc. #45). For good cause shown, the motion is granted. Defendants shall file an answer or other responsive pleading on or before February 21, 2017. Signed on 2/16/2017 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached.(Travis, Kendra) (Entered: 02/16/2017)

ELECTRONIC TRANSCRIPT of Oral Arguments held January 6, 2017, before Judge Stephen R. Bough. Court Reporter: Gayle Wambolt, 816-512-5641, gayle_wambolt@mow.uscourts.gov. Number of pages: 68. NOTICE RE: REDACTION OF TRANSCRIPTS: Within 7 calendar days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the parties' intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.mow.uscourts.gov. Please read this policy carefully. NOTICE: Attorneys must contact the court reporter for copies during this 90 day period. Notice of Intent to File Redaction of Transcripts due by 2/24/2017 unless otherwise directed by the court. Release of Transcript Restriction set for 5/15/2017.(Wambolt, Gayle) (Entered: 02/17/2017)

ANSWER to 1 Complaint, with Jury Demand on behalf of Jay Ludlam, Acting Director of MO HealthNet Division, Jennifer Tidball, Acting Director of Missouri Department of Social Services.(Vetter, Colleen) (Entered: 02/21/2017)

NOTICE of appearance by Dean John Sauer on behalf of Jay Ludlam, Acting Director of MO HealthNet Division, Jennifer Tidball, Acting Director of Missouri Department of Social Services (Attorney Dean John Sauer added to party Jay Ludlam, Acting Director of MO HealthNet Division(pty:dft), Attorney Dean John Sauer added to party Jennifer Tidball, Acting Director of Missouri Department of Social Services(pty:dft))(Sauer, Dean) (Entered: 02/22/2017)

REPORT of Rule 26(f) planning meeting. (Ammann, John) (Main Document 50 replaced on 2/27/2017) (Geiser, Angel). (Entered: 02/24/2017)

STATUS REPORT by Jay Ludlam, Acting Director of MO HealthNet Division, Jennifer Tidball, Acting Director of Missouri Department of Social Services. (Attachments: # 1 Exhibit A)(Vetter, Colleen) Modified on 3/6/2017 at the request of counsel attachment 1 replaced with revised exhibit only. NEF regenerated to all parties.(Travis, Kendra) (Entered: 03/03/2017)

1 Exhibit A

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MOTION for extension of time for Evidentiary Hearing filed by Colleen Joern Vetter on behalf of Jay Ludlam, Acting Director of MO HealthNet Division, Jennifer Tidball, Acting Director of Missouri Department of Social Services. Suggestions in opposition/response due by 3/17/2017 unless otherwise directed by the court. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Vetter, Colleen) (Entered: 03/03/2017)

1 Exhibit A

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2 Exhibit B

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Before the Court is Defendants' Motion to Expand Time for Evidentiary Hearing. (Doc. #52). The motion is granted in part. The Court will allow one additional hour for the March 10, 2017, hearing for a total hearing time of three hours. The hearing will begin at 1:00 p.m., thirty minutes earlier than originally scheduled in Courtroom 7B, Kansas City. Signed on 3/6/17 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached.(Diefenbach, Tracy) (Entered: 03/06/2017)

Minute Entry. Proceedings held before District Judge Stephen R. Bough: EVIDENTIARY HEARING held on 3/10/2017. Time in court: 1:15 p.m. to 4:45 p.m.. To order a transcript of this hearing please contact Reggie Lambrecht, 816-512-5623. (Diefenbach, Tracy) (Entered: 03/10/2017)

NOTICE of filing Evidentiary Hearing Exhibits by Jay Ludlam, Acting Director of MO HealthNet Division, Jennifer Tidball, Acting Director of Missouri Department of Social Services (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Vetter, Colleen) (Entered: 03/13/2017)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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NOTICE of filing of Exhibits by J.E.M., J.L.M. (Attachments: # 1 Exhibit 14, # 2 Exhibit 15, # 3 Exhibit 16, # 4 Exhibit 17, # 5 Exhibit 18, # 6 Exhibit 19, # 7 Exhibit 20, # 8 Exhibit 21, # 9 Exhibit 22, # 10 Exhibit 23a, # 11 Exhibit 23b)(Ammann, John) (Entered: 03/13/2017)

1 Exhibit 14

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2 Exhibit 15

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3 Exhibit 16

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4 Exhibit 17

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5 Exhibit 18

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6 Exhibit 19

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7 Exhibit 20

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8 Exhibit 21

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9 Exhibit 22

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10 Exhibit 23a

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11 Exhibit 23b

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NOTICE of filing Evidentiary Hearing Exhibit by Jay Ludlam, Acting Director of MO HealthNet Division, Jennifer Tidball, Acting Director of Missouri Department of Social Services (Attachments: # 1 Exhibit D)(Vetter, Colleen) (Entered: 03/17/2017)

1 Exhibit D

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NOTICE of filing by J.E.M. (Attachments: # 1 Exhibit, # 2 attachment, # 3 attachment, # 4 attachment, # 5 attachment, # 6 attachment, # 7 attachment)(Ferber, Joel) (Entered: 03/20/2017)

1 Exhibit

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ELECTRONIC TRANSCRIPT of Evidentiary Hearing held March 10, 2017 before Judge Stephen R. Bough. Court Reporter: Reggie Lambrecht, 816-512-5623, regina_lambrecht@mow.uscourts.gov. Number of pages: 158. NOTICE RE: REDACTION OF TRANSCRIPTS: Within 7 calendar days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the parties' intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.mow.uscourts.gov. Please read this policy carefully. NOTICE: Attorneys must contact the court reporter for copies during this 90 day period. Notice of Intent to File Redaction of Transcripts due by 4/5/2017 unless otherwise directed by the court. Release of Transcript Restriction set for 6/26/2017.(Lambrecht, Regina) (Entered: 03/29/2017)

DESIGNATION OF MEDIATOR naming James Levin(Ammann, John) (Entered: 04/05/2017)

ORDER: Plaintiffs Motion for a Preliminary Injunction (Doc. #2) asking the Court to enjoin Defendants from considering Missouri Medicaid beneficiaries fibrosis scores in deciding whether to approve DAA treatments, is denied. Signed on 4/24/17 by District Judge Stephen R. Bough. (Diefenbach, Tracy) Modified on 4/24/2017 to unseal as directed in Document 62. (Diefenbach, Tracy). (Entered: 04/24/2017)

ORDER: On April 24, 2017, the Court entered an order denying the remaining portion of Plaintiffs' Motion for Preliminary Injunction. (Doc. #61). The Order was filed under seal in error. Therefore, the Court hereby directs the Clerk of the Court to unseal the April 24 Order. Signed on 4/24/17 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached. (Diefenbach, Tracy) (Entered: 04/24/2017)

RULES OF TRIAL Signed on 4/25/17 by District Judge Stephen R. Bough. (Diefenbach, Tracy) (Entered: 04/25/2017)

SCHEDULING ORDER: Discovery due by 8/22/2017. Dispositive Motions due by 10/23/2017. Pretrial Conference set for 1/26/2018 10:00 AM Courtroom 7B, Kansas City (SRB) before District Judge Stephen R. Bough. Bench Trial set for 2/5/2018 09:00 AM in Courtroom 7B, Kansas City (SRB) before District Judge Stephen R. Bough. Dispositive Motions due by 10/23/2017. Signed on 4/25/17 by District Judge Stephen R. Bough. (Diefenbach, Tracy) (Entered: 04/25/2017)

CERTIFICATE OF SERVICE OF INITIAL RULE 26 DISCLOSURES filed by Colleen Joern Vetter on behalf of Defendants Jay Ludlam, Acting Director of MO HealthNet Division, Jennifer Tidball, Acting Director of Missouri Department of Social Services.(Vetter, Colleen) (Entered: 05/15/2017)

CERTIFICATE OF SERVICE OF INITIAL RULE 26 DISCLOSURES filed by John J. Ammann on behalf of Plaintiffs J.E.M., J.L.M..(Ammann, John) (Entered: 05/19/2017)

MOTION to amend/correct Complaint filed by Joel D Ferber on behalf of All Plaintiffs. Suggestions in opposition/response due by 6/19/2017 unless otherwise directed by the court. (Attachments: # 1 Exhibit Proposed Amended Complaint)(Ferber, Joel) (Entered: 06/03/2017)

1 Exhibit Proposed Amended Complaint

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SUGGESTIONS in support re 67 MOTION to amend/correct Complaint filed by Joel D Ferber on behalf of Plaintiffs J.E.M., J.L.M.. (Related document(s) 67 ) (Ferber, Joel) (Entered: 06/03/2017)

CERTIFICATE OF SERVICE by All Plaintiffs filed by Joel D Ferber on behalf of Plaintiffs J.E.M., J.L.M..(Ferber, Joel) (Entered: 06/05/2017)

Before the Court is Motion for Leave to File an Amended Complaint. (Doc. #67). Pursuant to Federal Rule of Civil Procedure 15 and considering the lack of opposition by Defendants, the motion is granted. Plaintiffs are directed to file their First Amended Complaint on or before June 7, 2017. Signed on 6/6/17 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached.(Diefenbach, Tracy) (Entered: 06/06/2017)

AMENDED COMPLAINT against All Defendants filed by Joel D Ferber on behalf of All Plaintiffs.(Ferber, Joel) (Entered: 06/06/2017)

Consent MOTION for leave to file excess pages filed by Colleen Joern Vetter on behalf of All Defendants. Suggestions in opposition/response due by 6/28/2017 unless otherwise directed by the court. (Vetter, Colleen) (Entered: 06/14/2017)

ORDER: Before the Court is Defendants' Motion to Exceed Page Limits on Motion to Dismiss. (Doc. #72). For good cause stated the motion is granted. Defendants are granted leave to file a motion to dismiss in a length up to twenty (20) pages. Signed on 6/15/2017 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached.(Travis, Kendra) (Entered: 06/15/2017)

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Colleen Joern Vetter on behalf of All Defendants. Suggestions in opposition/response due by 7/5/2017 unless otherwise directed by the court. (Vetter, Colleen) (Entered: 06/20/2017)

SUGGESTIONS in support re 74 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Colleen Joern Vetter on behalf of Defendants Steven Corsi, Brian Kinkade, Jay Ludlam, Joe Parks, M.D., Jennifer Tidball, Acting Director of Missouri Department of Social Services. (Related document(s) 74 ) (Vetter, Colleen) (Entered: 06/20/2017)

CERTIFICATE OF SERVICE by All Plaintiffs of Plaintiffs' Designation of Experts filed by John J. Ammann on behalf of Plaintiffs J.E.M., J.L.M., H. L. O.(Ammann, John) (Entered: 06/21/2017)

CERTIFICATE OF SERVICE by All Defendants filed by Colleen Joern Vetter on behalf of Defendants Steven Corsi, Brian Kinkade, Jay Ludlam, Joe Parks, M.D., Jennifer Tidball, Acting Director of Missouri Department of Social Services.(Vetter, Colleen) (Entered: 06/23/2017)

NOTICE of appearance by Michael D. Quinlan on behalf of Steven Corsi, Jay Ludlam (Attorney Michael D. Quinlan added to party Steven Corsi(pty:dft), Attorney Michael D. Quinlan added to party Jay Ludlam(pty:dft))(Quinlan, Michael) (Entered: 06/29/2017)

NOTICE to take deposition of Jay Ludlam filed by John J. Ammann on behalf of Plaintiffs J.E.M., J.L.M., H. L. O.(Ammann, John) (Entered: 06/30/2017)

NOTICE to take deposition of Jennifer Tidball filed by John J. Ammann on behalf of Plaintiffs J.E.M., J.L.M., H. L. O.(Ammann, John) (Entered: 06/30/2017)

NOTICE to take deposition of Stephen Calloway filed by John J. Ammann on behalf of Plaintiffs J.E.M., J.L.M., H. L. O.(Ammann, John) (Entered: 06/30/2017)

NOTICE to take deposition of Mark Roaseau filed by John J. Ammann on behalf of Plaintiffs J.E.M., J.L.M., H. L. O.(Ammann, John) (Entered: 06/30/2017)

CERTIFICATE OF SERVICE by All Plaintiffs filed by Joel D Ferber on behalf of Plaintiffs J.E.M., J.L.M., H. L. O.(Ferber, Joel) (Entered: 06/30/2017)

SUGGESTIONS in opposition re 74 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Abigail Coursolle on behalf of Plaintiffs J.E.M., J.L.M., H. L. O. Reply suggestions due by 7/17/2017 unless otherwise directed by the court. (Related document(s) 74 ) (Coursolle, Abigail) (Entered: 07/03/2017)

CERTIFICATE OF SERVICE by Steven Corsi, Jay Ludlam Objections and Responses to Plaintiff's First Request for Production of Documents filed by Colleen Joern Vetter on behalf of Defendants Steven Corsi, Jay Ludlam.(Vetter, Colleen) (Entered: 07/07/2017)

CERTIFICATE OF SERVICE by Steven Corsi, Jay Ludlam First Supplemental Objections and Responses to Plaintiffs' First Request for Production of Documents filed by Colleen Joern Vetter on behalf of Defendants Steven Corsi, Jay Ludlam.(Vetter, Colleen) (Entered: 07/07/2017)

NOTICE to take deposition of Dr. Blair Thedinger filed by Colleen Joern Vetter on behalf of Defendants Steven Corsi, Jay Ludlam.(Vetter, Colleen) (Entered: 07/12/2017)

NOTICE to take deposition of J.L.M. filed by Colleen Joern Vetter on behalf of Defendants Steven Corsi, Jay Ludlam.(Vetter, Colleen) (Entered: 07/12/2017)

NOTICE to take deposition of J.E.M. filed by Colleen Joern Vetter on behalf of Defendants Steven Corsi, Jay Ludlam.(Vetter, Colleen) (Entered: 07/12/2017)

NOTICE to take deposition of H.L.O. filed by Colleen Joern Vetter on behalf of Defendants Steven Corsi, Jay Ludlam.(Vetter, Colleen) (Entered: 07/12/2017)

REPLY SUGGESTIONS to motion re 74 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Colleen Joern Vetter on behalf of Defendants Steven Corsi, Brian Kinkade, Jay Ludlam, Joe Parks, M.D., Jennifer Tidball, Acting Director of Missouri Department of Social Services. (Related document(s) 74 ) (Vetter, Colleen) (Entered: 07/17/2017)

NOTICE to take deposition of Dr. Bruce R. Bacon filed by Colleen Joern Vetter on behalf of Defendants Steven Corsi, Jay Ludlam.(Vetter, Colleen) (Entered: 07/18/2017)

NOTICE to take deposition of Dr. Jaquelyn Fitch Fleckenstein filed by Colleen Joern Vetter on behalf of Defendants Steven Corsi, Jay Ludlam.(Vetter, Colleen) (Entered: 07/18/2017)

ORDER: Defendants Motion to Dismiss Plaintiffs Amended Complaint (Doc. #74) is hereby DENIED. Signed on 7/21/2017 by District Judge Stephen R. Bough. (Travis, Kendra) (Entered: 07/21/2017)

CERTIFICATE OF SERVICE by All Plaintiffs filed by Joel D Ferber on behalf of Plaintiffs J.E.M., J.L.M., H. L. O.(Ferber, Joel) (Entered: 07/21/2017)

CERTIFICATE OF SERVICE by Steven Corsi, Jay Ludlam Defendants' First Supplemental Disclosures and Expert Witness Disclosure filed by Colleen Joern Vetter on behalf of Defendants Steven Corsi, Jay Ludlam.(Vetter, Colleen) (Entered: 07/24/2017)

Amended NOTICE to take deposition of Jay Ludlam filed by John J. Ammann on behalf of Plaintiffs J.E.M., J.L.M., H. L. O.(Ammann, John) (Entered: 08/02/2017)

Amended NOTICE to take deposition of Steve Calloway filed by John J. Ammann on behalf of Plaintiffs J.E.M., J.L.M., H. L. O.(Ammann, John) (Entered: 08/02/2017)

Amended NOTICE to take deposition of Mark Roaseau filed by John J. Ammann on behalf of Plaintiffs J.E.M., J.L.M., H. L. O.(Ammann, John) (Entered: 08/02/2017)