Samaritan Ministries International et al v. Kane
| Samaritan Ministries International, Zachary Cordel, Rachel Cordel, David Allan Bell, Monette Bell, Rev. Andrew Heath, Heather Heath, Jay O'Neill, Amy O'Neill, Rev. Nathan Bienhoff and Rebekah Bienhoff |
| Alice T. Kane |
| 1:2023cv01091 |
| December 7, 2023 |
| US District Court for the District of New Mexico |
| Laura Fashing |
| Jennifer M Rozzoni |
| Martha Vazquez |
| Steven C Yarbrough |
| Civil Rights: Other |
| 28 U.S.C. § 1331 Federal Question: Other Civil Rights |
| Plaintiff |
Docket Report
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| Filing 16 PLEASE TAKE NOTICE that this case has been reassigned to United States District Judge Martha Vazquez as the trial judge. Under D.N.M.LR-Civ. 10.1, the first page of each document must have the case file number and initials of the assigned judges.Accordingly, further documents filed in this matter must bear the case number and the judges' initials shown in the case caption and the NEF for this document. Kindly reflect this change in your filings. United States Magistrate Judge Laura Fashing no longer assigned to this case.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (jg) |
| Filing 15 NOTICE OF IMPENDING REASSIGNMENT: Pursuant to Fed. R. Civ. P. 73(b)(2), the parties are reminded that a magistrate judge was assigned as the trial judge in this matter under 28 U.S.C. 636(c). The parties are advised that the Clerk will reassign this matter to a district judge as the trial judge no later than 6 days from the entry of this notice unless consents from all parties have been filed. The parties are free to withhold consent. If you have already entered your consent, you need not resubmit. (lj)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] |
Filing 14
ORDER by Magistrate Judge Steven C. Yarbrough granting #13 Joint Motion for Single Briefing Schedule. Responses to #4 Motion to Dismiss and #10 Motion for Preliminary Injunction due 02/19/2024. Replies due 03/11/2024. (cm)
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| Filing 13 Joint MOTION Joint Motion for Single Briefing Schedule and Proposed Order by David Allan Bell, Monette Bell, Nathan Bienhoff, Rebekah Bienhoff, Rachel Cordel, Zachary Cordel, Andrew Heath, Heather Heath, Amy O'Neill, Jay O'Neill, Samaritan Ministries International. (Attachments: #1 Supplement Joint Proposed Order) (Szymanski, John) |
| Filing 12 NOTICE OF CONSENT SUBMISSION DEADLINE: Pursuant to Fed. R. Civ. P. 73(b)(2), the parties are reminded that a magistrate judge was assigned as the trial judge in this matter under 28 U.S.C. 636(c). The parties are advised that the Clerk will reassign this matter to a district judge as the trial judge no later than 21 days from the entry of this notice unless consents from all parties have been filed. The parties are free to withhold consent. If you have already entered your consent, you need not resubmit. (lj)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] |
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Filing 11
ORDER by Magistrate Judge Steven C. Yarbrough finding good cause to extend the time to issue the scheduling order pursuant to Federal Rule of Civil Procedure 16(b). The Court will delay the issuance of its Initial Scheduling Order pending resolution of #4 Motion to Dismiss. [THIS IS A TEXT ONLY ENTRY- NO DOCUMENTS ARE ATTACHED.] (cm)
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| Filing 10 MOTION for Preliminary Injunction and Supporting Brief by David Allan Bell, Monette Bell, Nathan Bienhoff, Rebekah Bienhoff, Rachel Cordel, Zachary Cordel, Andrew Heath, Heather Heath, Amy O'Neill, Jay O'Neill, Samaritan Ministries International. (Ward, Scott) |
| Filing 9 NOTICE by David Allan Bell, Monette Bell, Nathan Bienhoff, Rebekah Bienhoff, Rachel Cordel, Zachary Cordel, Andrew Heath, Heather Heath, Amy O'Neill, Jay O'Neill, Samaritan Ministries International re 8 Association of Attorney Licensed Outside the District,, Notice of Certification that Associated Attorney Licensed Outside of the District Is an Attorney in Good Standing (Ward, Scott) |
| Filing 8 ASSOCIATION of Attorney Licensed Outside the District for Plaintiffs David Allan Bell, Monette Bell, Nathan Bienhoff, Rebekah Bienhoff, Rachel Cordel, Zachary Cordel, Andrew Heath, Heather Heath, Amy O'Neill, Jay O'Neill, Samaritan Ministries International by Scott J Ward on behalf of: J. Brian Heller J. Brian Heller, P.C. 200 Walnut StreetWashington, Illinois 61571 (309) 444-9223 Fax (309) 444-9723 jbhpc@comcast.net (Association Dues - Online Payment) (Ward, Scott)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] |
| Filing 7 SUMMONS Returned Executed by Andrew Heath, Rebekah Bienhoff, Rachel Cordel, Heather Heath, Amy O'Neill, Zachary Cordel, Jay O'Neill, Samaritan Ministries International, David Allan Bell, Nathan Bienhoff, Monette Bell. (Ward, Scott) |
| Filing 6 SUMMONS Returned Executed by Andrew Heath, Rebekah Bienhoff, Rachel Cordel, Heather Heath, Amy O'Neill, Zachary Cordel, Jay O'Neill, Samaritan Ministries International, David Allan Bell, Nathan Bienhoff, Monette Bell. (Ward, Scott) |
| Filing 5 SUMMONS Returned Executed by Andrew Heath, Rebekah Bienhoff, Rachel Cordel, Heather Heath, Amy O'Neill, Zachary Cordel, Jay O'Neill, Samaritan Ministries International, David Allan Bell, Nathan Bienhoff, Monette Bell. Alice T. Kane served on 12/13/2023, answer due 1/3/2024. (Ward, Scott) |
| Filing 4 MOTION to Dismiss In Lieu of Answer by Alice T. Kane. (Thies, Stephen) |
| Association Dues Received: $ 100 receipt number ANMDC-9162423 re: # 8 Association of Attorney Licensed Outside the District,, filed by Monette Bell, Andrew Heath, Amy O'Neill, Zachary Cordel, Samaritan Ministries International, David Allan Bell, Heather Heath, Jay O'Neill, Nathan Bienhoff, Rachel Cordel, Rebekah Bienhoff (Payment made via Pay.gov)(Ward, Scott) |
| Filing 3 PLEASE TAKE NOTICE that this case has been randomly reassigned to United States Magistrate Judge Steven C. Yarbrough as the pretrial judge. Under D.N.M.LR-Civ. 10.1, the first page of each document must have the case file number and initials of the assigned judges.Accordingly, further documents filed in this matter must bear the case number and the judges' initials shown in the case caption and the NEF for this document. Kindly reflect this change in your filings. Magistrate Judge Jennifer M. Rozzoni no longer assigned to this case.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (bc) |
| Filing 2 PLEASE TAKE NOTICE that this case has been randomly assigned to United States Magistrate Judge Laura Fashing to conduct dispositive proceedings in this matter, including motions and trial. Appeal from a judgment entered by a Magistrate Judge will be to the United States Court of Appeals for the Tenth Circuit. It is the responsibility of the case filer to serve a copy of this Notice upon all parties with the summons and complaint. Consent is strictly voluntary, and a party is free to withhold consent without adverse consequences. Should a party choose to consent, notice should be made no later than 21 days after entry of the Order setting the Rule 16 Initial Scheduling Conference. For e-filers, visit our Web site at www.nmd.uscourts.gov for more information and instructions.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (dr) |
| Filing and Administrative Fees Received: $ 405 receipt number ANMDC-9124992 re #1 Complaint,,,,,,,,,,,,,,, filed by Monette Bell, Andrew Heath, Amy O'Neill, Zachary Cordel, Samaritan Ministries International, David Allan Bell, Heather Heath, Jay O'Neill, Nathan Bienhoff, Rachel Cordel, Rebekah Bienhoff (Payment made via Pay.gov)(Szymanski, John) |
| United States Magistrate Judge Laura Fashing and United States Magistrate Judge Jennifer M. Rozzoni assigned. (dr) |
| Summons Issued as to Alice T. Kane and New Mexico Attorney General. (dr) |
| Filing 1 COMPLAINT (Verified) against Alice T. Kane ( Filing Fee - Online Payment), filed by Andrew Heath, Rebekah Bienhoff, Rachel Cordel, Heather Heath, Amy O'Neill, Zachary Cordel, Jay O'Neill, Samaritan Ministries International, David Allan Bell, Nathan Bienhoff, Monette Bell. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Exhibit List of Exhibits to Verified Complaint, #3 Exhibit 01 - SMI Bylaws, #4 Exhibit 02 - SMI Sharing Guidelines, #5 Exhibit 03 - SMI Sample Monthly Newsletter, #6 Exhibit 04 - SMI Membership Application, #7 Exhibit 05 - SMI Annual Membership Continuation Form, #8 Exhibit 06 - SMI Church Leader Verification Form, #9 Exhibit 07 - SMI Annual Church Leader Verification, #10 Exhibit 08 - SMI Member Statement of Faith, #11 Exhibit 09 - SMI Staff Statement of Faith, #12 Exhibit 10 - SMI Employee Handbook, 2.07, #13 Exhibit 11 - SMI Expanded Core Values, #14 Exhibit 12 - SMI Sample Monthly Share Slip, #15 Exhibit 13 - SMI Sample Monthly Prayer Guide, #16 Exhibit 14 - SMI Example of Actual Member Sharing, #17 Exhibit 15 - SMI Sample Handwritten Letters to SMI, #18 Exhibit 16 - SMI Sample Cards & Notes to SMI, #19 Exhibit 17 - SMI Articles of Incorporation & Amendment, #20 Exhibit 18 - SMI IRS Ruling: IRC 501(c)(3) Tax Status, #21 Exhibit 19 - SMI CMS Ruling: IRC 5000A HCSM Status, #22 Exhibit 20 - List of 107 ACA-Compliant/5000A HCSMs, #23 Exhibit 21 - Sharing the Burden (book), #24 Exhibit 22 - Missional Medicine (book), #25 Exhibit 23 - SMI Impact Report 2023, #26 Exhibit 24 - Cooper Declaration, #27 Exhibit 25 - Cordel Declaration, #28 Exhibit 26 - Bell Declaration, #29 Exhibit 27 - Heath Declaration, #30 Exhibit 28 - O'Neill Declaration, #31 Exhibit 29 - Bienhoff Declaration, #32 Exhibit 30 - OSI Press Release re Aliera/Trinity, #33 Exhibit 31 - OSI Press Release re HCSMs, #34 Exhibit 32 - OSI v. Trinity/Aliera C&D, #35 Exhibit 33 - AG Letter against HCSMs, #36 Exhibit 34 - AG Letter against HCSMs Press Release, #37 Exhibit 35 - OSI v. Trinity/Aliera Decision, #38 Exhibit 36 - OSI v. Trinity/Aliera Final Order, #39 Exhibit 37 - OSI PPT for Webinars warning vs. HCSMs, #40 Exhibit 38 - OSI v. OneShare C&D, #41 Exhibit 39 - OSI v. OneShare Consent Order, #42 Exhibit 40 - OSI Advisory re Scams/HCSMs, #43 Exhibit 41 - OSI v. Liberty C&D, #44 Exhibit 42 - OSI Annual Report for 2015, #45 Exhibit 43 - OSI Annual Report for 2018, #46 Exhibit 44 - OSI Annual Report for 2019, #47 Exhibit 45 - OSI Annual Report for 2020, #48 Exhibit 46 - OSI Annual Report for 2021, #49 Exhibit 47 - OSI Annual Report for 2022, #50 Exhibit 48 - OSI Toal Email with Former Oklahoma Commissioner Kerr, #51 Exhibit 49 - OSI v. Liberty Decision, #52 Exhibit 50 - OSI v. Liberty Final Order, #53 Exhibit 51 - OSI v. Liberty, State Court TRO vs. Liberty, #54 Exhibit 52 - OSI - NAIC Minutes (Mar. 23, 2023), #55 Exhibit 53 - OSI - NAIC Minutes (Apr. 17, 2023), #56 Exhibit 54 - OSI Encore Webinar Invite, #57 Exhibit 55 - OSI Encore Webinar Presentation, #58 Exhibit 56 - OSI Web Page re HCSMs, #59 Exhibit 57 - Transcript: Liberty Hearing in this Court, #60 Exhibit 58 - Transcript: Liberty Hearing in State Court, #61 Exhibit 59 - Judgment, United States v. Moses, #62 Exhibit 60 - Docket Sheet, United States v. Moses, #63 Exhibit 61 - Aliera v. AHS, Ordering Injunction/Receiver, #64 Exhibit 62 - Aliera v. AHS, Ordering Aliera to Segregate Funds, #65 Exhibit 63 - SMI v. Maryland, Dismissal Due to Settlement, #66 Exhibit 64 - IRS Letter to Rep. Joe Donnelly, #67 Exhibit 65 - Indiana Insurance Commissioner re HCSMs, #68 Exhibit 66 - Georgia Insurance Commissioner re HCSMs, #69 Exhibit 67 - Oklahoma Insurance Commissioner re HCSMs, #70 Exhibit 68 - NBCSL Resolution for HCSMs)(Szymanski, John) |
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