Missouri, State of et al v. Biden et al
| Missouri, State of, Nebraska, State of, Arkansas, State of, Kansas, State of, Iowa, State of, Wyoming, State of, Alaska, State of, South Dakota, State of, North Dakota, State of and New Hampshire, State of |
| Joseph R. Biden, Jr., United States of America, United States Department of Health and Human Services, Xavier Becerra, Centers for Medicare and Medicaid Services, Chiquita Brooks-LaSure, Meena Seshamani and Daniel Tsai |
| Reliant Care Management Company, L.L.C. |
| 4:2021cv01329 |
| November 10, 2021 |
| U.S. District Court for the Eastern District of Missouri |
| Shirley Padmore Mensah |
| Matthew T Schelp |
| Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision |
| 05 U.S.C. § 551 |
| None |
Docket Report
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Filing 40
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Defendants' Consent Motion to Stay Proceedings, Doc. #39 , is GRANTED. Further proceedings in this Court shall be stayed in this case during the pendency of Defendants' appeal of the preliminary injunction order or until otherwise ordered by the Court. Signed by District Judge Matthew T. Schelp on 12/22/2021. (TMT)
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| Filing 39 Consent MOTION to Stay Proceedings Pending Appeal by Defendants Xavier Becerra, Joseph R. Biden, Jr, Chiquita Brooks-LaSure, Centers for Medicare and Medicaid Services, Meena Seshamani, Daniel Tsai, United States Department of Health and Human Services, United States of America. (McElvain, Joel) |
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Filing 38
ORDER (REVISED) of USCA : Before LOKEN, BENTON and KELLY, Circuit Judges Appellants' Emergency Motion for Stay Pending Appeal is denied. Judge Kelly would grant the motion. USCA Appeal #: 21-3725 (KCD)
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Filing 37
ORDER of USCA : Appellants' Emergency Motion for Stay Pending Appeal is denied. Judge Kelly would grant the motion. USCA Appeal #: 21-3725 (KCD)
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Filing 36
ORDER of USCA as to #29 Notice of Appeal, filed by Centers for Medicare and Medicaid Services, United States of America, Joseph R. Biden, Jr., Chiquita Brooks-LaSure, United States Department of Health and Human Services, Xavier Becerra, Meena Seshamani, Daniel Tsai USCA Appeal #: 21-3725 - Appellees are directed to provide an expedited response to Appellants' Emergency Motion for Stay Pending Appeal by Wednesday, December 8, 2021. (TMT)
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Filing 35
MEMORANDUM AND ORDER : IT IS HEREBY ORDERED that Defendants' Motion to Stay Pending Appeal, doc. #30 , is DENIED. Signed by District Judge Matthew T. Schelp on 12/01/2021. (KCD)
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| Filing 34 NOTIFICATION OF APPEAL AND NOA SUPPLEMENT by clerk to USCA regarding #28 Memorandum & Order,,,,. Notice of Appeal filed on 11/30/2021 by Defendants Xavier Becerra, Joseph R. Biden, Jr, Chiquita Brooks-LaSure, Centers for Medicare and Medicaid Services, Meena Seshamani, Daniel Tsai, United States Department of Health and Human Services, United States of America. NOTIFICATION TO COUNSEL AND PRO SE PARTY: FILE REQUEST FOR TRANSCRIPT WITH DISTRICT COURT CLERKS OFFICE.(JKL) |
| Filing 33 Briefing Schedule from USCA for #29 Notice of Appeal, filed by Centers for Medicare and Medicaid Services, United States of America, Joseph R. Biden, Jr., Chiquita Brooks-LaSure, United States Department of Health and Human Services, Xavier Becerra, Meena Seshamani, Daniel Tsai USCA Appeal Number: 21-3725 (See attached document for all other deadlines.)(KCD) |
| Filing 32 Initial Notification from USCA for #29 Notice of Appeal, filed by Centers for Medicare and Medicaid Services, United States of America, Joseph R. Biden, Jr., Chiquita Brooks-LaSure, United States Department of Health and Human Services, Xavier Becerra, Meena Seshamani, Daniel Tsai USCA Appeal Number: 21-3725. (KCD) |
| Filing 31 MEMORANDUM in Support of Motion re #30 MOTION to Stay re #28 Memorandum & Order,,,, Motion for a Stay Pending Appeal filed by Defendants Xavier Becerra, Joseph R. Biden, Jr, Chiquita Brooks-LaSure, Centers for Medicare and Medicaid Services, Meena Seshamani, Daniel Tsai, United States Department of Health and Human Services, United States of America. (McElvain, Joel) |
| Filing 30 MOTION to Stay re #28 Memorandum & Order,,,, Motion for a Stay Pending Appeal by Defendants Xavier Becerra, Joseph R. Biden, Jr, Chiquita Brooks-LaSure, Centers for Medicare and Medicaid Services, Meena Seshamani, Daniel Tsai, United States Department of Health and Human Services, United States of America. (McElvain, Joel) |
| Filing 29 NOTICE OF APPEAL as to #28 Memorandum & Order,,,, by Defendants Xavier Becerra, Joseph R. Biden, Jr, Chiquita Brooks-LaSure, Centers for Medicare and Medicaid Services, Meena Seshamani, Daniel Tsai, United States Department of Health and Human Services, United States of America. |
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Filing 28
MEMORANDUM AND ORDER: [SEE ORDER FOR COMPLETE DETAILS] For the foregoing reasons, Plaintiffs' Motion for Preliminary Injunction, Doc. #6 , is GRANTED. Accordingly, IT IS HEREBY ORDERED that Defendants are preliminarily enjoined from the implementation and enforcement of 86 Fed. Reg. 61,555 (Nov. 5, 2021), the Interim Final Rule with Comment Period entitled Medicare and Medicaid Programs; Omnibus COVID-19 Health Care Staff Vaccination, against any and all Medicare- and Medicaid-certified providers and suppliers within the States of Alaska, Arkansas, Iowa, Kansas, Missouri, Nebraska, New Hampshire, North Dakota, South Dakota, and Wyoming pending a trial on the merits of this action or until further order of this Court. Defendants shall immediately cease all implementation or enforcement of the Interim Final Rule with Comment Period as to any Medicare- and Medicaid-certified providers and suppliers within the States of Alaska, Arkansas, Iowa, Kansas, Missouri, Nebraska, New Hampshire, North Dakota, South Dakota, and Wyoming. IT IS FURTHER ORDERED that no security bond shall be required under Federal Rule of Civil Procedure 65(c). Signed by District Judge Matthew T. Schelp on 11/29/2021. (TMT)
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| Filing 27 REPLY to Response to Motion re #6 MOTION for Preliminary Injunction filed by Plaintiffs Alaska, State of, Arkansas, State of, Iowa, State of, Kansas, State of, Missouri, State of, Nebraska, State of, New Hampshire, State of, North Dakota, State of, South Dakota, State of, Wyoming, State of. (Osete, Jesus) |
| Filing 26 BRIEF OF RELIANT CARE MANAGEMENT COMPANY, L.L.C. AS AMICUS CURIAE IN SUPPORT OF PLAINTIFFS' MOTION FOR PRELIMINARY INJUNCTION by Interested Party Reliant Care Management Company, L.L.C. (TMT) |
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Filing 25
Docket Text ORDER: IT IS HEREBY ORDERED that the Motion for Leave To File Amicus Curiae Brief, filed by Reliant Care Management Company, Doc. #20 , is GRANTED. Signed by District Judge Matthew T. Schelp on 11/23/2021. (TMT)
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| Filing 24 ENTRY of Appearance by Jonathan D Kossak for Defendants Xavier Becerra, Joseph R. Biden, Jr, Chiquita Brooks-LaSure, Centers for Medicare and Medicaid Services, Meena Seshamani, Daniel Tsai, United States Department of Health and Human Services, United States of America. (Kossak, Jonathan) |
| Filing 23 RESPONSE in Opposition re #6 MOTION for Preliminary Injunction filed by Defendants Xavier Becerra, Joseph R. Biden, Jr, Chiquita Brooks-LaSure, Centers for Medicare and Medicaid Services, Meena Seshamani, Daniel Tsai, United States Department of Health and Human Services, United States of America. (McElvain, Joel) |
| Filing 22 ENTRY of Appearance by Julie Straus Harris for Defendants Xavier Becerra, Joseph R. Biden, Jr, Chiquita Brooks-LaSure, Centers for Medicare and Medicaid Services, Meena Seshamani, Daniel Tsai, United States Department of Health and Human Services, United States of America. (Straus Harris, Julie) |
| Filing 21 ENTRY of Appearance by Michael Drezner for Defendants Xavier Becerra, Joseph R. Biden, Jr, Chiquita Brooks-LaSure, Centers for Medicare and Medicaid Services, Meena Seshamani, Daniel Tsai, United States Department of Health and Human Services, United States of America. (Drezner, Michael) |
| Filing 20 Consent MOTION for Leave to File Amicus Curiae Brief by Interested Party Reliant Care Management Company, L.L.C.. (Attachments: #1 Exhibit Exhibit A: Proposed Amicus Curiae Brief)(Kinser, Jason) |
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Filing 19
ORDER: IT IS HEREBY ORDERED that Plaintiffs' Motion to Expedite Briefing, Doc. #7 , is GRANTED in part. Defendants shall file their response to Plaintiffs' Motion for Preliminary Injunction by 10:00 a.m. CST on Monday, November 22, 2021. IT IS FURTHER ORDERED that Plaintiffs shall file any reply by 5:00 p.m. CST on Tuesday, November 23, 2021. IT IS FURTHER ORDERED that Plaintiffs' Motion for Leave to Exceed Page Limit, Doc. #8 , is GRANTED. IT IS FINALLY ORDERED that Defendants are given leave to file in excess of page limitation up to fifty-five pages for their response, and Plaintiffs are given leave to file in excess of page limitation up to twenty pages for their reply. (Response to Court due by 11/22/2021.) Signed by District Judge Matthew T. Schelp on 11/17/2021. (TMT)
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| Filing 18 ELECTRONIC MINUTE ENTRY (no pdf attached) for proceedings held before District Judge Matthew T. Schelp: Attorneys Only Scheduling Conference held on 11/17/2021 via Zoom. Scheduling Order to follow. (proceedings started: 12:00 PM) (proceedings ended: 12:15 PM) (Appearance for Plaintiff: Dean John Sauer, Jesus Osete, James Cambell)(Appearance for Defendant: Joel McElvain) (BRP) |
| Filing 17 ENTRY of Appearance by James A. Campbell for Plaintiffs Alaska, State of, Arkansas, State of, Iowa, State of, Kansas, State of, Missouri, State of, Nebraska, State of, New Hampshire, State of, North Dakota, State of, South Dakota, State of, Wyoming, State of. (Campbell, James) |
| Filing 16 RESPONSE to Motion re #7 MOTION to Expedite Briefing and Consideration of Motion for Preliminary Injunction filed by Plaintiffs Alaska, State of, Arkansas, State of, Iowa, State of, Kansas, State of, Missouri, State of, Nebraska, State of, New Hampshire, State of, North Dakota, State of, South Dakota, State of, Wyoming, State of. (Attachments: #1 Exhibit A)(Osete, Jesus) |
| Filing 15 MEMORANDUM in Opposition re #7 MOTION to Expedite Briefing and Consideration of Motion for Preliminary Injunction filed by Defendants Xavier Becerra, Joseph R. Biden, Jr, Chiquita Brooks-LaSure, Centers for Medicare and Medicaid Services, Meena Seshamani, Daniel Tsai, United States Department of Health and Human Services, United States of America. (McElvain, Joel) |
| Filing 14 ENTRY of Appearance by Joel L. McElvain for Defendants Xavier Becerra, Joseph R. Biden, Jr, Chiquita Brooks-LaSure, Centers for Medicare and Medicaid Services, Meena Seshamani, Daniel Tsai, United States Department of Health and Human Services, United States of America. (McElvain, Joel) |
| Filing 13 ENTRY of Appearance by Dean John Sauer for Plaintiffs Alaska, State of, Arkansas, State of, Iowa, State of, Kansas, State of, Missouri, State of, Nebraska, State of, New Hampshire, State of, North Dakota, State of, South Dakota, State of, Wyoming, State of. (Sauer, Dean) |
| Filing 12 ENTRY of Appearance by Kurtis K. Wiard for Plaintiff Kansas, State of. (Wiard, Kurtis) |
| Filing 11 ENTRY of Appearance by Samuel Paul Langholz for Plaintiff Iowa, State of. (Langholz, Samuel) |
| Filing 10 AFFIDAVIT OF SERVICE OF PROCESS by Plaintiffs Alaska, State of, Arkansas, State of, Iowa, State of, Kansas, State of, Missouri, State of, Nebraska, State of, New Hampshire, State of, North Dakota, State of, South Dakota, State of, Wyoming, State of. (Osete, Jesus) |
| Filing 9 MEMORANDUM in Support of Motion re #6 MOTION for Preliminary Injunction filed by Plaintiffs Alaska, State of, Arkansas, State of, Iowa, State of, Kansas, State of, Missouri, State of, Nebraska, State of, New Hampshire, State of, North Dakota, State of, South Dakota, State of, Wyoming, State of. (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, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U, #22 Exhibit V, #23 Exhibit W, #24 Exhibit X, #25 Exhibit Y, #26 Exhibit Z, #27 Exhibit AA, #28 Exhibit BB, #29 Exhibit CC, #30 Exhibit DD)(Osete, Jesus) |
| Filing 8 MOTION for Leave to Exceed the Page Limit for their Memorandum in Support of their Motion for Preliminary Injunction by Plaintiffs Alaska, State of, Arkansas, State of, Iowa, State of, Kansas, State of, Missouri, State of, Nebraska, State of, New Hampshire, State of, North Dakota, State of, South Dakota, State of, Wyoming, State of. (Osete, Jesus) |
| Filing 7 MOTION to Expedite Briefing and Consideration of Motion for Preliminary Injunction by Plaintiffs Alaska, State of, Arkansas, State of, Iowa, State of, Kansas, State of, Missouri, State of, Nebraska, State of, New Hampshire, State of, North Dakota, State of, South Dakota, State of, Wyoming, State of. (Osete, Jesus) |
| Filing 6 MOTION for Preliminary Injunction by Plaintiffs Alaska, State of, Arkansas, State of, Iowa, State of, Kansas, State of, Missouri, State of, Nebraska, State of, New Hampshire, State of, North Dakota, State of, South Dakota, State of, Wyoming, State of. (Osete, Jesus) |
| Filing 5 CJRA ORDER (GJL). Magistrate Judge Shirley Padmore Mensah termed. Case reassigned to District Judge Matthew T. Schelp for all further proceedings. (JEB) |
| Filing 4 ENTRY of Appearance by Madison McMillian Green for Plaintiff Missouri, State of. (Green, Madison) |
| Filing 3 AFFIDAVIT OF SERVICE OF PROCESS by Plaintiff Missouri, State of. (Osete, Jesus) |
| Filing 2 Pursuant to Local Rule 2.08, the assigned/referred magistrate judge is designated and authorized by the court to exercise full authority in this assigned/referred action or matter under 28 U.S.C. Sec. 636 and 18 U.S.C Sec. 3401, including any case budgeting matters. (Potter, Jacob) |
| Filing 1 COMPLAINT against defendant All Defendants with receipt number AMOEDC-8970485, in the amount of $402 Non-Jury Demand,, filed by Alaska, State of, Nebraska, State of, Missouri, State of, Wyoming, State of, Arkansas, State of, North Dakota, State of, South Dakota, State of, Kansas, State of, New Hampshire, State of, Iowa, State of. (Attachments: #1 Civil Cover Sheet, #2 Original Filing Form , #3 Summons - Joseph R. Biden, Jr., #4 Summons - USA, #5 Summons - U.S. Departemnt of Health and Human Services, #6 Summons - Xavier Becerra, #7 Summons - Centers for Medicare and Medicaid Services, #8 Summons - Chiquita Brooks-LaSure, #9 Summons - Meena Seshamani, #10 Summons - Daniel Tsai)(Osete, Jesus) (Additional attachment(s) added on 11/10/2021: #11 Summons AG, #12 Summons AUSA) (BAK). |
| Case Opening Notification. Judge Assigned: U.S. Magistrate Judge Shirley P. Mensah. 10 Summons(es) issued and emailed to attorney Jesus Armando Osete. All parties must file the Notice Regarding Magistrate Judge Jurisdiction Form consenting to or opting out of the Magistrate Judge jurisdiction. Click #here for the instructions. (BAK) |
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