PHILBRICK et al v. AZAR II et al

Plaintiff: KARIN VLK, IAN LUDDERS, SAMUEL PHILBRICK and JOSHUA VLK
Defendant: ALEX M. AZAR, II, CENTERS FOR MEDICARE & MEDICAID SERVICES, SEEMA VERMA and UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES
Amicus Curiae: JUSTICE IN AGING, AMERICAN MEDICAL ASSOCIATION, AMERICAN ACADEMY OF PEDIATRICS, NATIONAL ACADEMY OF ELDER LAW ATTORNEYS, DISABILITY RIGHTS EDUCATION AND DEFENSE FUND and DEANS, CHAIRS, AND SCHOLARS
Intervenor Defendant: NEW HAMPSHIRE DEPARTMENT OF HEALTH AND HUMAN SERVICES
Case Number: 1:2019cv00773
Filed: March 20, 2019
Court: US District Court for the District of Columbia
Presiding Judge: James E Boasberg
Nature of Suit: Other Statutory Actions
Cause of Action: 05:0706
Jury Demanded By: None

Docket Report

This docket was last retrieved on July 29, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 10, 2019 Filing 44 NOTICE of Legislation and Findings by NEW HAMPSHIRE DEPARTMENT OF HEALTH AND HUMAN SERVICES re #37 Reply to Document, (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B)(Courtney, Lindsey)
July 5, 2019 Set/Reset Hearings: Motion Hearing set for 7/23/2019 at 11:00 AM in Courtroom 25A before Judge James E. Boasberg. (znbn)
July 5, 2019 Filing 43 NOTICE of Submission of Administrative Record and Extra-Record Materials by NEW HAMPSHIRE DEPARTMENT OF HEALTH AND HUMAN SERVICES (Attachments: #1 Exhibit pages 1-865, #2 Exhibit pages 866-1647, #3 Exhibit pages 1648-2116, #4 Exhibit pages 2117-2276, #5 Exhibit pages 2277-2966, #6 Exhibit pages 2967-3920, #7 Exhibit pages 3921-4478, #8 Exhibit pages 4479 and exhibits)(Courtney, Lindsey)
July 5, 2019 Opinion or Order MINUTE ORDER: The Court ORDERS that the parties shall appear for oral argument on the pending Motions on July 23, 2019, at 11:00 a.m. So ORDERED by Judge James E. Boasberg on 7/5/2019. (lcjeb1)
July 5, 2019 Filing 42 NOTICE of Filing of Excerpts of the Administrative Record and Extrarecord Evidence Relied Upon by the Federal Defendants by ALEX M. AZAR, II, CENTERS FOR MEDICARE & MEDICAID SERVICES, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, SEEMA VERMA (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22)(Andrapalliyal, Vinita)
July 3, 2019 Filing 41 NOTICE of Appendix by IAN LUDDERS, SAMUEL PHILBRICK, JOSHUA VLK, KARIN VLK (Attachments: #1 Appendix Volume 1, #2 Appendix Volume 2, #3 Appendix Volume 3, #4 Appendix Volume 4, #5 Appendix Volume 5, #6 Appendix Volume 6, #7 Appendix Volume 7, #8 Appendix Volume 8, #9 Appendix Volume 9, #10 Appendix Volume 10, #11 Appendix Volume 11)(Perkins, Jane)
July 3, 2019 Filing 40 NOTICE OF EXTRA-RECORD MATERIALS by DISABILITY RIGHTS EDUCATION AND DEFENSE FUND, JUSTICE IN AGING, NATIONAL ACADEMY OF ELDER LAW ATTORNEYS re #26 Amicus Brief (Attachments: #1 extra-record material, #2 extra-record material, #3 extra-record material, #4 extra-record material, #5 extra-record material, #6 extra-record material, #7 extra-record material, #8 extra-record material, #9 extra-record material, #10 extra-record material, #11 extra-record material, #12 extra-record material, #13 extra-record material, #14 extra-record material, #15 extra-record material)(Bailey, Regan)
July 3, 2019 Filing 39 NOTICE of Compliance with Court Order by DEANS, CHAIRS, AND SCHOLARS re #24 Amicus Brief (Attachments: #1 Table of Contents, #2 Volume 1 of 9, #3 Volume 2 of 9, #4 Volume 3 of 9, #5 Volume 4 of 9, #6 Volume 5 of 9, #7 Volume 6 of 9, #8 Volume 7 of 9, #9 Volume 8 of 9, #10 Volume 9 of 9)(Waters, Edward)
July 1, 2019 Set/Reset Deadlines: All parties (including amici) shall file copies of any portion of the administrative record or extra-record material (e.g., articles, studies, or reports) upon which they rely by 7/5/2019. (znbn)
July 1, 2019 Opinion or Order MINUTE ORDER: The Court ORDERS that all parties (including amici) shall file by July 5, 2019, copies of any portion of the administrative record or extra-record material (e.g., articles, studies, or reports) upon which they rely. So ORDERED by Judge James E. Boasberg on 7/1/2019. (lcjeb3)
June 28, 2019 Filing 38 REPLY to opposition to motion re #30 MOTION to Dismiss MOTION for Summary Judgment filed by ALEX M. AZAR, II, CENTERS FOR MEDICARE & MEDICAID SERVICES, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, SEEMA VERMA. (Andrapalliyal, Vinita)
June 28, 2019 Filing 37 REPLY re #32 Cross MOTION for Partial Summary Judgment as to Count II of the Plaintiffs' Complaint and Response to Plaintiffs' Motion for Partial Summary Judgment filed by NEW HAMPSHIRE DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: #1 Exhibit Senate Bill 290 (2019), #2 Exhibit Declaration of Henry Lipman)(Galdieri, Anthony)
June 17, 2019 Filing 36 REPLY to opposition to motion re #19 MOTION for Partial Summary Judgment filed by IAN LUDDERS, SAMUEL PHILBRICK, JOSHUA VLK, KARIN VLK. (Perkins, Jane) Modified link on 6/20/2019 (znmw).
June 17, 2019 Filing 35 RESPONSE re #32 Cross MOTION for Partial Summary Judgment as to Count II of the Plaintiffs' Complaint and Response to Plaintiffs' Motion for Partial Summary Judgment, #30 MOTION to Dismiss MOTION for Summary Judgment , filed by IAN LUDDERS, SAMUEL PHILBRICK, JOSHUA VLK, KARIN VLK. (Perkins, Jane) Modified link on 6/20/2019 (znmw).
June 13, 2019 Opinion or Order MINUTE ORDER: The Court ORDERS that Plaintiffs' #34 Motion for Leave to File Single Consolidated Brief is GRANTED, and that they may file a single brief of up to 45 pages in length. So ORDERED by Judge James E. Boasberg on 6/13/2019. (lcjeb3)
June 13, 2019 Filing 34 Unopposed MOTION for Leave to File Single Consolidated Brief by IAN LUDDERS, SAMUEL PHILBRICK, JOSHUA VLK, KARIN VLK (Attachments: #1 Proposed Order)(Perkins, Jane)
June 6, 2019 Filing 33 RESPONSE re #19 MOTION for Partial Summary Judgment filed by NEW HAMPSHIRE DEPARTMENT OF HEALTH AND HUMAN SERVICES. (See Docket Entry #32 to view document). (tth)
June 6, 2019 Filing 32 Cross MOTION for Partial Summary Judgment as to Count II of the Plaintiffs' Complaint and Response to Plaintiffs' Motion for Partial Summary Judgment by NEW HAMPSHIRE DEPARTMENT OF HEALTH AND HUMAN SERVICES (Attachments: #1 Memorandum in Support)(Galdieri, Anthony)
June 6, 2019 Filing 31 Memorandum in opposition to re #19 MOTION for Partial Summary Judgment filed by ALEX M. AZAR, II, CENTERS FOR MEDICARE & MEDICAID SERVICES, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, SEEMA VERMA. (Attachments: #1 Exhibit List, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K)(Skurnik, Matthew)
June 6, 2019 Filing 30 MOTION to Dismiss , MOTION for Summary Judgment by ALEX M. AZAR, II, CENTERS FOR MEDICARE & MEDICAID SERVICES, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, SEEMA VERMA (Attachments: #1 Memorandum in Support, #2 Exhibit List, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G, #10 Exhibit H, #11 Exhibit I, #12 Exhibit J, #13 Exhibit K, #14 Text of Proposed Order)(Skurnik, Matthew)
May 28, 2019 Filing 29 AMICUS BRIEF by AMERICAN ACADEMY OF PEDIATRICS, AMERICAN MEDICAL ASSOCIATION. (tth)
May 28, 2019 Opinion or Order MINUTE ORDER: The Court ORDERS that the Unopposed #27 Motion for Leave to File Amicus Brief is GRANTED. So ORDERED by Judge James E. Boasberg on 5/28/2019. (lcjeb3)
May 28, 2019 Filing 28 NOTICE of Appearance by Zenia Sanchez Fuentes on behalf of AMERICAN ACADEMY OF PEDIATRICS, AMERICAN MEDICAL ASSOCIATION (Sanchez Fuentes, Zenia)
May 28, 2019 Filing 27 Unopposed MOTION for Leave to File Amicus Curiae Brief in Support of Plaintiffs by AMERICAN ACADEMY OF PEDIATRICS, AMERICAN MEDICAL ASSOCIATION (Attachments: #1 Brief of the American Academy of Pediatrics and the American Medical Association as Amicus Curiae in Support of Plaintiffs)(Sanchez Fuentes, Zenia)
May 23, 2019 Filing 26 AMICUS BRIEF by DISABILITY RIGHTS EDUCATION AND DEFENSE FUND, JUSTICE IN AGING, NATIONAL ACADEMY OF ELDER LAW ATTORNEYS. (tth)
May 23, 2019 Opinion or Order MINUTE ORDER: The Court ORDERS that the Unopposed #25 Motion for Leave to File Amicus Brief is GRANTED. So ORDERED by Judge James E. Boasberg on 5/23/2019. (lcjeb3)
May 23, 2019 Filing 25 MOTION for Leave to File AS AMICI CURIAE by JUSTICE IN AGING, NATIONAL ACADEMY OF ELDER LAW ATTORNEYS, DISABILITY RIGHTS EDUCATION AND DEFENSE FUND (Attachments: #1 Memorandum in Support MEMORANDUM IN SUPPORT OF PLAINTIFFS MOTION FOR SUMMARY JUDGEMENTRT OF)(Bailey, Regan)
May 17, 2019 Filing 24 AMICUS BRIEF by DEANS, CHAIRS, AND SCHOLARS. (tth)
May 17, 2019 Opinion or Order MINUTE ORDER: The Court ORDERS that the #23 Motion for Leave to File Amicus Brief is GRANTED. So ORDERED by Judge James E. Boasberg on 5/17/2019. (lcjeb3)
May 16, 2019 Filing 23 Unopposed MOTION for Leave to File Brief of Amici Curiae by Deans, Chairs, and Scholars (Attachments: #1 Proposed Scholars Amici Curiae Brief)(Waters, Edward)
May 16, 2019 Filing 22 NOTICE of Appearance by Edward T. Waters on behalf of Deans, Chairs, and Scholars (Waters, Edward) (Main Document 22 replaced on 5/17/2019) (ztd).
May 16, 2019 Filing 21 NOTICE of Appearance by Christopher J. Frisina on behalf of Deans, Chairs, and Scholars (Frisina, Christopher) (Main Document 21 replaced on 5/17/2019) (ztd).
May 16, 2019 Filing 20 NOTICE of Appearance by Phillip A. Escoriaza on behalf of Deans, Chairs, and Scholars (Escoriaza, Phillip) (Main Document 20 replaced on 5/17/2019) (ztd).
May 16, 2019 Filing 19 MOTION for Partial Summary Judgment by IAN LUDDERS, SAMUEL PHILBRICK, JOSHUA VLK, KARIN VLK (Attachments: #1 Memorandum in Support, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Text of Proposed Order)(Perkins, Jane)
May 2, 2019 Filing 18 NOTICE of Appearance by Lindsey Brooke Courtney on behalf of NEW HAMPSHIRE DEPARTMENT OF HEALTH AND HUMAN SERVICES (Courtney, Lindsey)
April 30, 2019 Filing 17 NOTICE of Filing of Certified Index of Supplement to the Administrative Record by ALEX M. AZAR, II, CENTERS FOR MEDICARE & MEDICAID SERVICES, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, SEEMA VERMA re #16 Notice (Other), (Attachments: #1 Certified Index)(Andrapalliyal, Vinita)
April 26, 2019 Filing 16 NOTICE OF FILING OF CERTIFIED INDEX TO ADMINISTRATIVE RECORD by ALEX M. AZAR, II, CENTERS FOR MEDICARE & MEDICAID SERVICES, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, SEEMA VERMA (Attachments: #1 Certification and Index)(Skurnik, Matthew)
April 25, 2019 Opinion or Order MINUTE ORDER: The Court ORDERS that New Hampshire Department of Health and Human Services's #15 Motion to Intervene is GRANTED, and it shall abide by the same rules and deadlines applicable to Defendants. So ORDERED by Judge James E. Boasberg on 4/25/2019. (lcjeb3)
April 25, 2019 Filing 15 Unopposed MOTION to Intervene by NEW HAMPSHIRE DEPARTMENT OF HEALTH AND HUMAN SERVICES (Attachments: #1 Exhibit Exhibit A - Centers for Medicare & Medicaid Services Waiver List)(Galdieri, Anthony)
April 25, 2019 Filing 14 NOTICE of Appearance by Anthony J. Galdieri on behalf of NEW HAMPSHIRE DEPARTMENT OF HEALTH AND HUMAN SERVICES (Galdieri, Anthony)
April 17, 2019 Filing 13 NOTICE of Appearance by Vinita B. Andrapalliyal on behalf of ALEX M. AZAR, II, CENTERS FOR MEDICARE & MEDICAID SERVICES, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, SEEMA VERMA (Andrapalliyal, Vinita)
April 17, 2019 Filing 12 NOTICE of Appearance by Matthew Charles Skurnik on behalf of ALEX M. AZAR, II, CENTERS FOR MEDICARE & MEDICAID SERVICES, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, SEEMA VERMA (Skurnik, Matthew)
April 16, 2019 Set/Reset Deadlines: Administrative Record due by 4/26/2019. Summary Judgment motions due by 5/16/2019. Cross Motions due by 6/6/2019. Response to Motion for Summary Judgment due by 6/6/2019. Response to Cross Motions due by 6/17/2019. Reply to Motion for Summary Judgment due by 6/17/2019. Reply to Cross Motions due by 6/28/2019. (znbn)
April 16, 2019 Opinion or Order MINUTE ORDER: The Court GRANTS the parties' #11 Joint Motion for Briefing Schedule and ORDERS that the following schedule shall govern subsequent proceedings: 1) Defendants shall produce the Administrative Record by April 26, 2019; 2) Plaintiffs shall file their Motion for Preliminary Injunction and/or Motion for Summary Judgment by May 16, 2019; 3) Defendants shall file their Opposition to Plaintiffs' Motion(s) and their Motion to Dismiss and/or Motion for Summary Judgment by June 6, 2019; 4) Plaintiffs shall file their Opposition to Defendants' Motion(s) and their Reply in support of their Motion(s) by June 17, 2019; and 5) Defendants shall file their Reply in Support of their Motion(s) by June 28, 2019. So ORDERED by Judge James E. Boasberg on 4/16/2019. (lcjeb3)
April 16, 2019 Filing 11 Joint MOTION for Briefing Schedule by IAN LUDDERS, SAMUEL PHILBRICK, JOSHUA VLK, KARIN VLK (Perkins, Jane)
April 4, 2019 Filing 10 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 4/2/2019. (Perkins, Jane)
April 4, 2019 Filing 9 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 4/4/2019. Answer due for ALL FEDERAL DEFENDANTS by 6/3/2019. (Perkins, Jane)
April 4, 2019 Filing 8 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. CENTERS FOR MEDICARE & MEDICAID SERVICES served on 3/25/2019 (Perkins, Jane)
April 4, 2019 Filing 7 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES served on 4/1/2019 (Perkins, Jane)
April 4, 2019 Filing 6 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. SEEMA VERMA served on 3/25/2019 (Perkins, Jane)
April 4, 2019 Filing 5 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. ALEX M. AZAR, II served on 4/1/2019 (Perkins, Jane)
March 20, 2019 Filing 4 SUMMONS (6) Issued Electronically as to ALEX M. AZAR, II, CENTERS FOR MEDICARE & MEDICAID SERVICES, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, SEEMA VERMA, U.S. Attorney and U.S. Attorney General. (Attachments: #1 Notice and Consent)(zef, )
March 20, 2019 Case Assigned to Judge James E. Boasberg. (zef, )
March 20, 2019 Payment for #1 Complaint,. ($400; Receipt number 0090-6011645). (Perkins, Jane)
March 20, 2019 Filing 3 NOTICE OF RELATED CASE by All Plaintiffs. Case related to Case No. 1:18-cv-1900. (Perkins, Jane)
March 20, 2019 Filing 2 NOTICE OF RELATED CASE by All Plaintiffs. Case related to Case No. 1:18-cv-152. (Perkins, Jane)
March 20, 2019 Filing 1 COMPLAINT against All Defendants (Fee Status:$400; Receipt number 0090-6011645) filed by Joshua VLK, Ian Ludders, Karin VLK, Samuel Philbrick. (Attachments: #1 Exhibit, #2 Civil Cover Sheet, #3 Summons, #4 Summons, #5 Summons, #6 Summons, #7 Summons, #8 Summons)(Perkins, Jane) Modified on 3/20/2019 (zef, ).

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Search for this case: PHILBRICK et al v. AZAR II et al
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Plaintiff: KARIN VLK
Represented By: Jane Perkins
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Plaintiff: IAN LUDDERS
Represented By: Jane Perkins
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Plaintiff: SAMUEL PHILBRICK
Represented By: Jane Perkins
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Plaintiff: JOSHUA VLK
Represented By: Jane Perkins
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Defendant: ALEX M. AZAR, II
Represented By: Matthew Charles Skurnik
Represented By: Vinita B. Andrapalliyal
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Defendant: CENTERS FOR MEDICARE & MEDICAID SERVICES
Represented By: Matthew Charles Skurnik
Represented By: Vinita B. Andrapalliyal
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Defendant: SEEMA VERMA
Represented By: Matthew Charles Skurnik
Represented By: Vinita B. Andrapalliyal
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Defendant: UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES
Represented By: Matthew Charles Skurnik
Represented By: Vinita B. Andrapalliyal
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Amicus curiae: JUSTICE IN AGING
Represented By: Regan Bailey
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Amicus curiae: AMERICAN MEDICAL ASSOCIATION
Represented By: Zenia Sanchez Fuentes
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Amicus curiae: AMERICAN ACADEMY OF PEDIATRICS
Represented By: Zenia Sanchez Fuentes
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Amicus curiae: NATIONAL ACADEMY OF ELDER LAW ATTORNEYS
Represented By: Regan Bailey
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Amicus curiae: DISABILITY RIGHTS EDUCATION AND DEFENSE FUND
Represented By: Regan Bailey
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Amicus curiae: DEANS, CHAIRS, AND SCHOLARS
Represented By: Edward T. Waters
Represented By: Christopher J. Frisina
Represented By: Phillip A. Escoriaza
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Intervenor defendant: NEW HAMPSHIRE DEPARTMENT OF HEALTH AND HUMAN SERVICES
Represented By: Lindsey Brooke Courtney
Represented By: Anthony J. Galdieri
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