Bagnall et al v. Sebelius

Plaintiff: Richard Bagnall, Michael Savage, Lee Barrows, George Renshaw, Sarah Mulcahy, Shirley Burton and Denise Rugman
Defendant: Kathleen Sebelius
Case Number: 3:2011cv01703
Filed: November 3, 2011
Court: US District Court for the District of Connecticut
Office: New Haven Office
County: Hartford
Presiding Judge: Alvin W. Thompson
Nature of Suit: Other Statutory Actions
Cause of Action: 42:0405 Public Health and Welfare HHS
Jury Demanded By: None

Available Case Documents

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Date Filed Document Text
June 4, 2019 Opinion or Order Filing 388 ORDER. For the reasons set forth in the attached, the Court enters the following orders:(1) The Secretary's 379 motion for clarification and reconsideration is DENIED.(2) Having reviewed the parties' 384 , 385 supplemen tal briefs, I find that there is no "fundamental conflict" between the pre-October 2013 and post-October 2013 Plaintiffs, and that neither formal nor informal subdivision of the class is required.(3) The 330 , 337 , 340 , and [37 1] motions to seal are GRANTED in part and DENIED in part. The following documents may remain under seal: Plaintiffs' Exhibits 20-24, 27, 28, 30-37, and Supplemental Exhibit 5 (ECF Nos. 331-10 through 331-14; 331-17; 331-18; 331-20 through 331-2 7; and 372-3.) The Clerk is directed to unseal the following documents: Plaintiffs' Motion to Seal (ECF No. 330); Plaintiffs' Unredacted Memorandum of Law in Opposition to Summary Judgment (ECF No. 331); Plaintiffs' Local Rule 56(a)2 Statement (ECF No. 331-1); Plaintiffs' Exhibits 2, 3, 5, 6, 7, 8, 9, 15, 25, 26, 45, 46, 48, and Supplemental Exhibit 1 (ECF Nos. 331-2 through 331-9; 331-15; 331-16; 331-19; 331-28 through 331-30; 372-2); Plaintiffs' Supplemental Me morandum of Law in Opposition to Summary Judgment (ECF No. 372); Plaintiffs' Supplemental Local Rule 56(a)2 Statement (ECF No. 372-1); and Livanta's memoranda in support of continued sealing (ECF Nos. 337, 371). (4) The Plaintiffs s hall provide a copy of the attached memorandum of decision to third-party producers KEPRO and Livanta. Within 14 days, KEPRO may file a redacted version of Plaintiffs' Exhibit 29 (ECF No. 331-19). If KEPRO does not file a redacted version, the Court will direct the Clerk to unseal the document in its entirety. Signed by Judge Michael P. Shea on 6/4/2019. (Guevremont, Nathan)
March 27, 2019 Opinion or Order Filing 378 ORDER. For the reasons set forth in the attached, the Secretarys second motion for summary judgment (ECF No. 319), motion for class decertification (ECF No. 323), and motion to dismiss for lack of subject matter jurisdiction (ECF No. 370) are DENIED. As described in the attached, within 21 days, the Plaintiffs shall file a response on the docket (not to exceed 12 pages) addressing the issue raised in the ruling on the motion for class decertification. The Secretary may respond within 14 days in a brief not to exceed 12 pages. No replies will be allowed.The Court will hold a telephonic status conference on April 3, 2019 at 11:00 AM to discuss scheduling trial in the summer or early fall.Signed by Judge Michael P. Shea on 3/27/2019. (Guevremont, Nathan)
July 31, 2017 Opinion or Order Filing 242 ORDER. For the reasons explained herein, plaintiffs' motion 203 for class certification is GRANTED in part and DENIED in part. The Court hereby appoints plaintiffs' counsel as class counsel and orders that the following Rule 23(b)(2) clas s be certified: "All Medicare beneficiaries who, on or after January 1, 2009: (1) have received or will have received 'observation services' as an outpatient during a hospitalization; and (2) have received or will have received an initial determination that the observation services are covered (or subject to coverage) under Medicare Part B. Medicare beneficiaries who meet the requirements of the foregoing sentence but who pursued an administrative appeal and received a final decision of the Secretary before September 4, 2011 are excluded from this definition." Signed by Judge Michael P. Shea on 7/31/17. (Tegeler, D.)
February 8, 2017 Opinion or Order Filing 196 ORDER. As set forth herein, the Court DENIES the Secretary's Motion 160 for Summary Judgment, DENIES Plaintiffs' Motion 166 for Summary Judgment, and GRANTS in part and DENIES in part the Secretary's Motion 160 to Dismiss. The parties shall confer and submit a revised Rule 26(f) report within 14 days, including a timeline for completing any further discovery and for any further proceedings. Signed by Judge Michael P. Shea on 2/8/17. (Tegeler, D.)
September 23, 2013 Opinion or Order Filing 106 ORDER. For the reasons stated herein, Defendant's 23 Motion to Dismiss is GRANTED. Plaintiffs' 2 51 Motions for Class Certification and Appointment of Class Counsel and Defendant's 35 Motion to Stay Discovery are DENIED AS MOOT. Signed by Judge Michael P. Shea on 9/23/2013. (Best, Z)

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Plaintiff: Richard Bagnall
Represented By: Alice Bers
Represented By: Mary T. Berthelot
Represented By: Gill W. Deford
Represented By: Judith A. Stein
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Plaintiff: Michael Savage
Represented By: Alice Bers
Represented By: Mary T. Berthelot
Represented By: Gill W. Deford
Represented By: Judith A. Stein
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Plaintiff: Lee Barrows
Represented By: Alice Bers
Represented By: Mary T. Berthelot
Represented By: Gill W. Deford
Represented By: Judith A. Stein
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Plaintiff: George Renshaw
Represented By: Alice Bers
Represented By: Mary T. Berthelot
Represented By: Gill W. Deford
Represented By: Judith A. Stein
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Plaintiff: Sarah Mulcahy
Represented By: Alice Bers
Represented By: Mary T. Berthelot
Represented By: Gill W. Deford
Represented By: Judith A. Stein
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Plaintiff: Shirley Burton
Represented By: Alice Bers
Represented By: Mary T. Berthelot
Represented By: Gill W. Deford
Represented By: Judith A. Stein
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Plaintiff: Denise Rugman
Represented By: Alice Bers
Represented By: Mary T. Berthelot
Represented By: Gill W. Deford
Represented By: Judith A. Stein
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Defendant: Kathleen Sebelius
Represented By: Carolyn Aiko Ikari
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