State of Kansas et al v. Becerra et al
State of Kansas, State of Utah, Commonwealth of Virginia, State of Missouri, State of South Dakota, State of Iowa, Leadingage Michigan, State of Oklahoma, Leadingage Kansas, Leadingage Maryland, State of West Virginia, Leadingage South Carolina, State of Arkansas, State of Alabama, State of North Dakota, Leadingage Iowa, Commonweath of Kentucky, Leadingage Colorado, State of Florida, State of South Carolina, State of Montana, State of Nebraska, State of Alaska, State of Indiana, Leadingage Ohio, Leadingage Oklahoma, Leadingage Tennessee, Leadingage New Jersey/Delaware, Dooley Center, Leadingage Minnesota, State of Georgia, Wesley Towers, State of Idaho, South Dakota Association of Healthcare Organizations, Leadingage Southeast, Leadingage PA, Leadingage Virginia, Leadingage Missouri and Leadingage Nebraska |
Xavier Becerra, Centers for Medicare & Medicaid Services, United States Department of Health and Human Services and Chiquita Brooks-Lasure |
Michigan Elder Justice Initiative, National Consumer Voice for Quality Long-Term Care, Center for Medicare Advocacy, Justice in Aging, National Association of Local Long-Term Care Ombudsmen, California Advocates for Nursing Home Reform and Long-Term Care Community Coalition |
1:2024cv00110 |
October 8, 2024 |
U.S. District Court for the Northern District of Iowa |
Judge Kelly KE Mahoney |
Leonard T Strand |
Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision |
05 U.S.C. § 706 Judicial Review of Agency Action |
None |
Docket Report
This docket was last retrieved on December 5, 2024. A more recent docket listing may be available from PACER.
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Filing 89 MINUTE Entry for proceedings held before Judge Leonard T Strand: Motion Hearing held on 12/5/2024 re #30 Motion for Preliminary Injunction filed by State of Kansas. Court takes this matter under advisement. Order to follow. Official Court Record: Shelly Semmler SSemmlerReporting@gmail.com. (klh) |
Filing 88 RESPONSE to Motion re #30 Motion for Preliminary Injunction,, AMICI CURIAE BRIEF in support of Defendants filed by Center for Medicare Advocacy, California Advocates for Nursing Home Reform, Justice in Aging, Long-Term Care Community Coalition, Michigan Elder Justice Initiative, National Association of Local Long-Term Care Ombudsmen, National Consumer Voice for Quality Long-Term Care. (Edelman, Toby) |
Filing 87 NOTICE of Appearance by Toby Sambol Edelman on behalf of Center for Medicare Advocacy, California Advocates for Nursing Home Reform, Justice in Aging, Long-Term Care Community Coalition, Michigan Elder Justice Initiative, National Association of Local Long-Term Care Ombudsmen, National Consumer Voice for Quality Long-Term Care. (Edelman, Toby) |
Filing 86 TEXT ORDER granting #81 Motion to Appear Pro Hac Vice by Dylan L Jacobs on behalf of State of Arkansas, #82 Motion to Appear Pro Hac Vice by Toby S Edelman on behalf of Amicus Center for Medicare Advocacy and #84 Motion to Appear Pro Hac Vice by Victoria S Lowell on behalf of State of Missouri: Upon review of the Motions and the Certificates of Good Standing, the court finds the motions should be granted. Attorney Notice of Appearance due by 12/18/2024. Signed by Clerk on 12/4/2024. (klh) Modified text on 12/4/2024 (klh). |
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Filing 84 MOTION for Leave to Appear Pro Hac Vice for Attorney Victoria S. Lowell ( Pro Hac Vice Fee $ 100 receipt number AIANDC-4296273) by Plaintiff State of Missouri. (Lowell, Victoria) |
Filing 83 MOTION for Leave to File Amici Curiae Brief by Amicus Center for Medicare Advocacy. (Attachments: #1 Brief of the Center for Medicare Advocacy) (Long, Benjamin) |
Filing 82 MOTION for Leave to Appear Pro Hac Vice for Attorney Toby S. Edelman ( Pro Hac Vice Fee $ 100 receipt number AIANDC-4295874) by Amicus Center for Medicare Advocacy. (Attachments: #1 Certificate of Good Standing) (Edelman, Toby) |
Filing 81 MOTION for Leave to Appear Pro Hac Vice for Attorney Dylan L. Jacobs ( Pro Hac Vice Fee $ 100 receipt number AIANDC-4295461) by Plaintiff State of Arkansas. (Attachments: #1 Certificate of Good Standing) (Jacobs, Dylan) |
Filing 80 NOTICE of Appearance by Aaron J Silletto on behalf of Commonweath of Kentucky. (Silletto, Aaron) |
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Filing 78 REPLY to Response to Motion re #30 Motion for Preliminary Injunction,, filed by State of Kansas. (Kambli, Abhishek) |
Filing 77 MOTION for Leave to File Overlength Brief by Plaintiff State of Kansas. (Attachments: #1 Brief) (Kambli, Abhishek) |
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Filing 75 NOTICE of Appearance by Victor B Maddox on behalf of Commonweath of Kentucky. (Maddox, Victor) |
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Filing 73 MOTION for Leave to Appear Pro Hac Vice for Attorney Aaron J. Silletto ( Pro Hac Vice Fee $ 100 receipt number AIANDC-4290626) by Plaintiff Commonweath of Kentucky. (Attachments: #1 Certificate of Good Standing) (Silletto, Aaron) |
Filing 72 RESPONSE to Motion re #30 Motion for Preliminary Injunction, filed by Xavier Becerra, United States Department of Health and Human Services, Centers for Medicare & Medicaid Services, Chiquita Brooks-Lasure. (Rising, Andrew) |
Filing 71 UNRESISTED MOTION for Leave to File Overlength Brief by Defendants Xavier Becerra, United States Department of Health and Human Services, Centers for Medicare & Medicaid Services, Chiquita Brooks-Lasure. (Attachments: #1 Exhibit 1) (Rising, Andrew) |
Filing 70 TEXT ORDER granting #66 Motion to Appear Pro Hac Vice by Victor B Maddox on behalf of Commonweath of Kentucky: Upon review of the Motion and the Certificate of Good Standing, the court finds the motion should be granted. Attorney Notice of Appearance due by 12/5/2024. Signed by Clerk on 11/21/2024. (klh) |
Filing 68 NOTICE of Appearance by Allison Walter on behalf of All Defendants. (Walter, Allison) |
Filing 67 SUPPLEMENT to #66 Motion for Leave to Appear Pro Hac Vice by Commonweath of Kentucky (Maddox, Victor) |
Filing 66 MOTION for Leave to Appear Pro Hac Vice for Attorney Victor B. Maddox ( Pro Hac Vice Fee $ 100 receipt number AIANDC-4289383) by Plaintiff Commonweath of Kentucky. (Maddox, Victor) |
Filing 65 NOTICE of Appearance by Joseph David Spate on behalf of State of South Carolina. (Spate, Joseph) |
Filing 64 TEXT ORDER granting #63 Motion to Appear Pro Hac Vice by Joseph D Spate on behalf of State of South Carolina: Upon review of the Motion and the Certificate of Good Standing, the court finds the motion should be granted. Attorney Notice of Appearance due by 11/29/2024. Signed by Clerk on 11/15/2024. (klh) |
Filing 63 MOTION for Leave to Appear Pro Hac Vice for Attorney Joseph D. Spate ( Pro Hac Vice Fee $ 100 receipt number AIANDC-4285261) by Plaintiff State of South Carolina. (Attachments: #1 Certificate of Good Standing) (Spate, Joseph) |
Filing 62 NOTICE of Appearance by Michael Ray Williams on behalf of State of West Virginia. (Williams, Michael) |
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Filing 60 MOTION Reschedule hearing by Plaintiff State of Kansas. (Rodriguez, James) |
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Filing 58 NOTICE of Appearance by James A Barta on behalf of State of Indiana. (Barta, James) |
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Filing 56 SUMMONS Returned Executed by State of Kansas. United States Department of Health and Human Services served on 10/23/2024, answer due 11/13/2024. (Attachments: #1 Supplement, #2 Supplement) (Rodriguez, James) |
Filing 55 SUMMONS Returned Executed by State of Kansas.Center for MEdicare & Medicaid Services (MD) . (Rodriguez, James) Modified docket text on 11/1/2024 (klh). |
Filing 54 SUMMONS Returned Executed by State of Kansas. Chiquita Brooks-Lasure served on 10/23/2024, answer due 11/13/2024. (Rodriguez, James) |
Filing 53 NOTICE of Appearance by Megan Borchert on behalf of State of South Dakota. (Borchert, Megan) |
Filing 52 SUMMONS Returned Executed by State of Kansas. Xavier Becerra served on 10/23/2024, answer due 11/13/2024. (Rodriguez, James) |
Filing 51 SUMMONS Returned Executed by State of Kansas. Centers for Medicare & Medicaid Services served on 10/23/2024, answer due 11/13/2024. (Rodriguez, James) |
Filing 50 NOTICE of Appearance by James Hamilton Percival, II on behalf of State of Florida. (Percival, James) |
Filing 49 RESPONSE to Motion re #46 Motion for Miscellaneous Relief filed by Dooley Center, Leadingage Colorado, Leadingage Iowa, Leadingage Kansas, Leadingage Maryland, Leadingage Michigan, Leadingage Minnesota, Leadingage Missouri, Leadingage Nebraska, Leadingage New Jersey/Delaware, Leadingage Ohio, Leadingage Oklahoma, Leadingage PA, Leadingage South Carolina, Leadingage Southeast, Leadingage Tennessee, Leadingage Virginia, South Dakota Association of Healthcare Organizations, Wesley Towers. (St. John, Anna) |
Filing 48 NOTICE of Appearance by Anna St. John on behalf of Dooley Center, Leadingage Colorado, Leadingage Iowa, Leadingage Kansas, Leadingage Maryland, Leadingage Michigan, Leadingage Minnesota, Leadingage Missouri, Leadingage Nebraska, Leadingage New Jersey/Delaware, Leadingage Ohio, Leadingage Oklahoma, Leadingage PA, Leadingage South Carolina, Leadingage Southeast, Leadingage Tennessee, Leadingage Virginia, South Dakota Association of Healthcare Organizations, Wesley Towers. (St. John, Anna) |
Filing 47 TEXT ORDER granting #43 Motion to Appear Pro Hac Vice by Anna St. John Upon review of the Motion and the Certificate of Good Standing, the court finds the motion should be granted on the condition Attorney Anna St. John pays the Pro Hac Vice Fee by 11/12/2024. Attorney Notice of Appearance due by 11/12/2024. Signed by Clerk on 10/29/2024. (klh) |
Filing 46 MOTION for Entry of a Scheduling Order, or, in the Alternative, Consent Motion for Briefing Schedule on Plaintiffs Motion for Preliminary Injunction by Defendants Xavier Becerra, Centers for Medicare & Medicaid Services, Chiquita Brooks-Lasure, United States Department of Health and Human Services. (Attachments: #1 Text of Proposed Order) (Rising, Andrew) |
Filing 45 NOTICE of Appearance by Andrew James Rising on behalf of All Defendants. (Rising, Andrew) |
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Filing 43 MOTION for Leave to Appear Pro Hac Vice for Attorney Anna St. John by Plaintiffs Dooley Center, Leadingage Colorado, Leadingage Iowa, Leadingage Kansas, Leadingage Maryland, Leadingage Michigan, Leadingage Minnesota, Leadingage Missouri, Leadingage Nebraska, Leadingage New Jersey/Delaware, Leadingage Ohio, Leadingage Oklahoma, Leadingage PA, Leadingage South Carolina, Leadingage Southeast, Leadingage Tennessee, Leadingage Virginia, South Dakota Association of Healthcare Organizations, Wesley Towers. (Attachments: #1 Exhibit Certificate of Good Standing) (St. John, Anna) |
Filing 42 NOTICE of Appearance by Laura O'Neil Russell on behalf of State of Alaska. (Russell, Laura) |
Filing 41 MOTION for Leave to Appear Pro Hac Vice for Attorney James H. Percival ( Pro Hac Vice Fee $ 100 receipt number AIANDC-4272940) by Plaintiff State of Florida. (Attachments: #1 Exhibit Certificate of Good Standing) (Percival, James) |
Filing 40 NOTICE of Appearance by Kevin Michael Gallagher on behalf of Commonwealth of Virginia. (Gallagher, Kevin) |
Filing 39 NOTICE of Appearance by Stephanie Saperstein on behalf of State of Utah. (Saperstein, Stephanie) |
Filing 38 TEXT ORDER granting #31 , #34 Motions to Appear Pro Hac Vice by Kevin M. Gallagher and Michael R. Williams. Upon review of the Motions and the Certificates of Good Standing, the court finds the motions should be granted. Attorney Notice of Appearance due by 11/7/2024. Signed by Clerk on 10/24/2024. (klh) |
Filing 37 AMENDED Complaint against All Defendants. (mmc) |
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Filing 35 NOTICE of Appearance by Philip Axt on behalf of State of North Dakota. (Axt, Philip) |
Filing 34 MOTION for Leave to Appear Pro Hac Vice for Attorney Michael R. Williams ( Pro Hac Vice Fee $ 100 receipt number AIANDC-4270651) by Plaintiff State of West Virginia. (Attachments: #1 Exhibit Certificate of Good Standing) (Williams, Michael) |
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Filing 31 MOTION for Leave to Appear Pro Hac Vice for Attorney Kevin M. Gallagher ( Pro Hac Vice Fee $ 100 receipt number AIANDC-4270234) by Plaintiff Commonwealth of Virginia. (Attachments: #1 Exhibit Certificate of Good Standing) (Gallagher, Kevin) |
Filing 30 MOTION for Preliminary Injunction & Oral Argument by Plaintiff State of Kansas. (Attachments: #1 Exhibit 1 - Brief in Support of Motion, #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, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28) (Kambli, Abhishek) Modified text on 10/23/2024 (ksy). |
Filing 29 MOTION exceed page limits by Plaintiff State of Kansas. (Attachments: #1 Exhibit 1) (Kambli, Abhishek) |
Filing 28 NOTICE of Appearance by James Rodriguez on behalf of State of Kansas. (Rodriguez, James) |
Filing 27 [FILED IN ERROR] NOTICE of Appearance by Abhishek Kambli on behalf of State of Kansas. (Kambli, Abhishek) Modified on 10/23/2024 (klh). |
Filing 26 NOTICE of Appearance by Abhishek Kambli on behalf of State of Kansas. (Kambli, Abhishek) |
Filing 25 TEXT ORDER granting #24 Motion to Appear Pro Hac Vice by Philp Axt on behalf of State of North Dakota: Upon review of the Motion and the Certificate of Good Standing, the court finds the motion should be granted. Attorney Notice of Appearance due by 11/5/2024. Signed by Clerk on 10/22/2024. (klh) |
Filing 24 MOTION for Leave to Appear Pro Hac Vice for Attorney Philip Axt ( Pro Hac Vice Fee $ 100 receipt number AIANDC-4268914) by Plaintiff State of North Dakota. (Attachments: #1 Certificate of Good Standing) (Axt, Philip) |
Filing 23 TEXT ORDER granting #16 and #17 Motions to Appear Pro Hac Vice for Attorney Abhishek Kambli and James R. Rodriguez. Upon review of the Motions and the Certificates of Good Standing, the court finds the motions should be granted. Attorney Notice of Appearance due by 11/4/2024. Signed by Clerk on 10/21/2024. (klh) |
Filing 22 NOTICE of Appearance by Zachary Brent Pohlman on behalf of State of Nebraska. (Pohlman, Zachary) |
Filing 21 NOTICE of Appearance by Nathan Downey on behalf of State of Idaho. (Downey, Nathan) |
Filing 20 NOTICE of Appearance by Christian Brian Corrigan on behalf of State of Montana. (Corrigan, Christian) |
Filing 19 NOTICE of Appearance by Peter Martin Torstensen, Jr on behalf of State of Montana. (Torstensen, Peter) |
Filing 18 TEXT ORDER granting #12 , #13 and #15 Motions to Appear Pro Hac Vice by Stephen J. Petrany, Zachary B. Pohlman, and Stephanie M. Saperstein. Upon review of the Motions and the Certificates of Good Standing, the court finds the motions should be granted. Attorney Notice of Appearance due by 11/1/2024. Signed by Clerk on 10/18/2024. (klh) |
Filing 17 MOTION for Leave to Appear Pro Hac Vice for Attorney James R. Rodriguez ( Pro Hac Vice Fee $ 100 receipt number AIANDC-4267161) by Plaintiff State of Kansas. (Rodriguez, James) |
Filing 16 MOTION for Leave to Appear Pro Hac Vice for Attorney Abhishek Kambli ( Pro Hac Vice Fee $ 100 receipt number AIANDC-4267150) by Plaintiff State of Kansas. (Kambli, Abhishek) |
Filing 15 MOTION for Leave to Appear Pro Hac Vice for Attorney Stephanie M. Saperstein ( Pro Hac Vice Fee $ 100 receipt number AIANDC-4266777) by Plaintiff State of Utah. (Saperstein, Stephanie) |
Filing 14 TEXT ORDER granting #8 , #10 , and #11 Motions to Appear Pro Hac Vice by Megan Borchert, James A. Barta, and Laura Russell. Upon review of the Motions and the Certificates of Good Standing, the court finds the motions should be granted. Attorney Notices of Appearance due by 10/31/2024. Signed by Clerk on 10/17/2024. (klh) |
Filing 13 MOTION for Leave to Appear Pro Hac Vice for Attorney Zachary B. Pohlman ( Pro Hac Vice Fee $ 100 receipt number AIANDC-4266596) by Plaintiff State of Nebraska. (Attachments: #1 Exhibit Certificate of Good Standing) (Pohlman, Zachary) |
Filing 12 MOTION for Leave to Appear Pro Hac Vice for Attorney Stephen J. Petrany ( Pro Hac Vice Fee $ 100 receipt number AIANDC-4266279) by Plaintiff State of Georgia. (Petrany, Stephen) |
Filing 11 MOTION for Leave to Appear Pro Hac Vice for Attorney Laura Russell ( Pro Hac Vice Fee $ 100 receipt number AIANDC-4266031) by Plaintiff State of Alaska. (Attachments: #1 Supplement Certificate) (Russell, Laura) |
Filing 10 MOTION for Leave to Appear Pro Hac Vice for Attorney James A. Barta ( Pro Hac Vice Fee $ 100 receipt number AIANDC-4265814) by Plaintiff Indiana, State of. (Attachments: #1 Exhibit Certificate of Good Standing) (Barta, James) |
Filing 9 TEXT ORDER granting #5 , #6 , and #7 Motion to Appear Pro Hac Vice by Nathan S. Downey on behalf of the State of Idaho, Peter M. Torstensen Jr., and Christian B. Corrigan on behalf of the State of Montana. Upon review of the Motions and the Certificates of Good Standing, the court finds the motions should be granted. Attorneys' Notices of Appearance due by 10/30/2024. Signed by Clerk on 10/16/2024. (klh) |
Filing 8 MOTION for Leave to Appear Pro Hac Vice for Attorney Megan Borchert ( Pro Hac Vice Fee $ 100 receipt number AIANDC-4265381) by Plaintiff State of South Dakota. (Borchert, Megan) |
Filing 7 MOTION for Leave to Appear Pro Hac Vice for Attorney Christian B. Corrigan ( Pro Hac Vice Fee $ 100 receipt number AIANDC-4265076) by Plaintiff State of Montana. (Attachments: #1 Exhibit Certificate of Good Standing) (Corrigan, Christian) |
Filing 6 MOTION for Leave to Appear Pro Hac Vice for Attorney Peter M. Torstensen, Jr. ( Pro Hac Vice Fee $ 100 receipt number AIANDC-4265065) by Plaintiff State of Montana. (Attachments: #1 Exhibit Certificate of Good Standing) (Torstensen, Peter) |
Filing 5 MOTION for Leave to Appear Pro Hac Vice for Attorney Nathan S. Downey ( Pro Hac Vice Fee $ 100 receipt number AIANDC-4264788) by Plaintiff State of Idaho. (Attachments: #1 Certificate of Good Standing) (Downey, Nathan) |
Filing 4 NOTICE of Appearance by Eric H Wessan on behalf of State of Iowa. (Wessan, Eric) |
Filing 3 MOTION to Amend #1 Complaint by Plaintiff State of Iowa. (Attachments: #1 Amended Complaint) (Wessan, Eric) |
Filing 2 Summons Issued as to All Defendants ****PLEASE MAKE COPIES OF SUMMONS FOR EACH DEFENDANT AND FILL IN REMAINING INFORMATION****. (Attachments: #1 New Civil Case Packet) (ksy) |
Judge Leonard T Strand and Chief Magistrate Judge Kelly K.E. Mahoney added. No conflicts identified. (ksy) |
Filing 1 COMPLAINT against State of Kansas, filed by State of Kansas. Scheduling Report due by 1/6/2025 (Attachments: #1 Civil Cover Sheet) (Wessan, Eric) |
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