PHILBRICK et al v. AZAR II et al
| KARIN VLK, IAN LUDDERS, SAMUEL PHILBRICK and JOSHUA VLK |
| ALEX M. AZAR, II, CENTERS FOR MEDICARE & MEDICAID SERVICES, SEEMA VERMA and UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES |
| 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 |
| NEW HAMPSHIRE DEPARTMENT OF HEALTH AND HUMAN SERVICES |
| 1:2019cv00773 |
| March 20, 2019 |
| US District Court for the District of Columbia |
| James E Boasberg |
| Other Statutory Actions |
| 05 U.S.C. § 0706 |
| None |
Docket Report
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This docket was last retrieved on July 29, 2019. A more recent docket listing may be available from PACER.
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| 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) |
| Set/Reset Hearings: Motion Hearing set for 7/23/2019 at 11:00 AM in Courtroom 25A before Judge James E. Boasberg. (znbn) |
| 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) |
| 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) |
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)
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| 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) |
| 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) |
| 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) |
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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)
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| 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) |
| 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) |
| 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) |
| 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). |
| 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). |
| 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) |
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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)
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| 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) |
| 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) |
| 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) |
| 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) |
| Filing 29 AMICUS BRIEF by AMERICAN ACADEMY OF PEDIATRICS, AMERICAN MEDICAL ASSOCIATION. (tth) |
| Filing 28 NOTICE of Appearance by Zenia Sanchez Fuentes on behalf of AMERICAN ACADEMY OF PEDIATRICS, AMERICAN MEDICAL ASSOCIATION (Sanchez Fuentes, Zenia) |
| 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) |
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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)
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| Filing 26 AMICUS BRIEF by DISABILITY RIGHTS EDUCATION AND DEFENSE FUND, JUSTICE IN AGING, NATIONAL ACADEMY OF ELDER LAW ATTORNEYS. (tth) |
| 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) |
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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)
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| Filing 24 AMICUS BRIEF by DEANS, CHAIRS, AND SCHOLARS. (tth) |
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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)
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| 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) |
| 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). |
| 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). |
| 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). |
| 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) |
| Filing 18 NOTICE of Appearance by Lindsey Brooke Courtney on behalf of NEW HAMPSHIRE DEPARTMENT OF HEALTH AND HUMAN SERVICES (Courtney, Lindsey) |
| 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) |
| 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) |
| 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) |
| Filing 14 NOTICE of Appearance by Anthony J. Galdieri on behalf of NEW HAMPSHIRE DEPARTMENT OF HEALTH AND HUMAN SERVICES (Galdieri, Anthony) |
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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)
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| 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) |
| 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) |
| 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) |
| Filing 11 Joint MOTION for Briefing Schedule by IAN LUDDERS, SAMUEL PHILBRICK, JOSHUA VLK, KARIN VLK (Perkins, Jane) |
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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)
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| 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) |
| 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) |
| Filing 8 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. CENTERS FOR MEDICARE & MEDICAID SERVICES served on 3/25/2019 (Perkins, Jane) |
| 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) |
| Filing 6 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. SEEMA VERMA served on 3/25/2019 (Perkins, Jane) |
| Filing 5 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. ALEX M. AZAR, II served on 4/1/2019 (Perkins, Jane) |
| 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, ) |
| Filing 3 NOTICE OF RELATED CASE by All Plaintiffs. Case related to Case No. 1:18-cv-1900. (Perkins, Jane) |
| Filing 2 NOTICE OF RELATED CASE by All Plaintiffs. Case related to Case No. 1:18-cv-152. (Perkins, Jane) |
| 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, ). |
| Payment for #1 Complaint,. ($400; Receipt number 0090-6011645). (Perkins, Jane) |
| Case Assigned to Judge James E. Boasberg. (zef, ) |
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