Americans for Beneficiary Choice et al v. United States Department of Health and Human Services et al
| Americans for Beneficiary Choice and Senior Security Benefits, LLC |
| United States Department of Health and Human Services, Centers for Medicare & Medicaid Services, Chiquita Brooks-LaSure and Xavier Becerra |
| 4:2024cv00439 |
| May 13, 2024 |
| U.S. District Court for the Northern District of Texas |
| Reed C O'Connor |
| Other Statutes: Administrative Procedure Act/Review or Appeal of Agency Decision |
| 05 U.S.C. § 551 Administrative Procedure Act |
| None |
Docket Report
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This docket was last retrieved on July 3, 2024. A more recent docket listing may be available from PACER.
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Filing 40
MEMORANDUM OPINION AND ORDER: For the reasons stated above, Plaintiffs' Motions #7 and 19 (in case 4:24-cv-446-O) are GRANTED in PART and DENIED in PART. The Court STAYS the effective date of the Fixed Fee and Contract-Terms Restriction in the Final Rule specifically, those amending 42 C.F.R. 422.2274(a), (c), (d), (e) and 423.2274(a), (c), (d), (e) during the pendency of this suit and any appeal. The Parties SHALL submit a joint schedule for summary judgment briefing by no later than July 17, 2024. (Ordered by Judge Reed C. O'Connor on 7/3/2024) (sre)
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Filing 38
Supplemental Authority filed by Americans for Beneficiary Choice, Senior Security Benefits, LLC. (Attachments: #1 Additional Page(s)) (sre)
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Filing 37
ORDER granting #35 Motion for Leave to File. (Unless the document has already been filed, clerk to enter the document as of the date of this order.) (Ordered by Judge Reed C. O'Connor on 7/3/2024) (sre)
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Filing 36
RESPONSE filed by Xavier Becerra, Chiquita Brooks-LaSure, Centers for Medicare & Medicaid Services, United States Department of Health and Human Services re: #35 Unopposed MOTION for Leave to File Supplemental Authority (Stoltz-DOJ, Brian)
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Filing 35
Unopposed MOTION for Leave to File Supplemental Authority filed by Americans for Beneficiary Choice, Senior Security Benefits, LLC (Attachments: #1 Supplemental Authority - Ohio, #2 Supplemental Authority - Loper Bright) (Lynn, Michael)
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Filing 34
CERTIFICATE OF SERVICE by Americans for Beneficiary Choice, Senior Security Benefits, LLC Return of Service - USD of Health and Human Services (Lynn, Michael)
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Filing 33
CERTIFICATE OF SERVICE by Americans for Beneficiary Choice, Senior Security Benefits, LLC Return of Service - Centers for Medicare & Medicaid Services (Lynn, Michael)
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Filing 32
CERTIFICATE OF SERVICE by Americans for Beneficiary Choice, Senior Security Benefits, LLC Return of Service - Chiquita Brooks-Lasure (Lynn, Michael)
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Filing 31
CERTIFICATE OF SERVICE by Americans for Beneficiary Choice, Senior Security Benefits, LLC Return of Service - Xavier Becerra (Lynn, Michael)
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Filing 30
Supplemental Document by Americans for Beneficiary Choice, Senior Security Benefits, LLC notice of scheduling conflict. (Kimberly, Michael)
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Filing 29
RESPONSE filed by Xavier Becerra, Chiquita Brooks-LaSure, Centers for Medicare & Medicaid Services, United States Department of Health and Human Services re: #27 Order Setting Deadline/Hearing,,, (Stoltz-DOJ, Brian)
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Filing 28
REPLY filed by Americans for Beneficiary Choice, Senior Security Benefits, LLC re: #7 MOTION for Injunction (Motion for a Section 705 Stay of the Final Rule or, in the Alternative, a Preliminary Injunction) (Lynn, Michael)
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Filing 27
ORDER: Before the Court is Defendants' Motion for Leave to File Under Seal (ECF Nos. 26 and #25 , respectively), filed June 3, 2024. Defendants state that they seek to file a small number of third party contracts under seal. However, Defendants filed in more than 260 pages under seal. Should the Government wish to seal the contracts, the Court ORDERS Defendants to narrowly redact only the sensitive information from the contracts that it deems confidential. Defendants must file any narrowly redacted versions on the public docket by no later than June 7, 2024. If the Defendants believe that all pages of its Appendix (ECF No. #25 -1) should remain sealed, it must explain why. (Ordered by Judge Reed C. O'Connor on 6/4/2024) (sre)
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Filing 25
RESPONSE filed by Xavier Becerra, Chiquita Brooks-LaSure, Centers for Medicare & Medicaid Services, United States Department of Health and Human Services re: #7 MOTION for Injunction (Motion for a Section 705 Stay of the Final Rule or, in the Alternative, a Preliminary Injunction) (Stoltz-DOJ, Brian)
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Filing 24
Appendix in Support filed by United States Department of Health and Human Services re #25 Response to Motion #7 , (Attachments: #1 Certification, #2 Additional Page(s) 00001-01234, #3 Additional Page(s) 01235-02473, #4 Additional Page(s) 02474-04514, #5 Additional Page(s) 04515-05100, #6 Additional Page(s) 05101-05824, #7 Additional Page(s) 05825-06605, #8 Additional Page(s) 06606-08332, #9 Additional Page(s) 08333-09244, #10 Additional Page(s) 09245-09477, #11 Additional Page(s) 09478-09975, #12 Additional Page(s) 09976-10539, #13 Additional Page(s) 10540-11497, #14 Additional Page(s) 11761-11776) (Stoltz-DOJ, Brian) Modified links on 6/4/2024 (sre).
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Filing 23
ELECTRONIC ORDER granting #17 Application for Admission Pro Hac Vice of Adam C. Solander. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Reed C. O'Connor on 5/23/2024) (chmb)
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Filing 22
ELECTRONIC ORDER granting #16 Application for Admission Pro Hac Vice of Ashley C. Parrish. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Reed C. O'Connor on 5/23/2024) (chmb)
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Filing 21
ELECTRONIC ORDER granting #12 Application for Admission Pro Hac Vice of Stephanie A. Webster. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Reed C. O'Connor on 5/23/2024) (chmb)
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Filing 20
ELECTRONIC ORDER granting #11 Application for Admission Pro Hac Vice of Christopher M. Nienhaus. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Reed C. O'Connor on 5/23/2024) (chmb)
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Filing 19
ELECTRONIC ORDER granting #10 Application for Admission Pro Hac Vice of Casey Kyung-Se Lee. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Reed C. O'Connor on 5/23/2024) (chmb)
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Filing 18
ELECTRONIC ORDER granting #6 Application for Admission Pro Hac Vice of Michael B. Kimberly. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Reed C. O'Connor on 5/23/2024) (chmb)
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Filing 17
Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Adam C. Solander (Filing fee $100; Receipt number ATXNDC-14640199) filed by Americans for Beneficiary Choice, Senior Security Benefits, LLC (Attachments: #1 Proposed Order) (Lynn, Michael)
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Filing 16
Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Ashley C. Parrish (Filing fee $100; Receipt number ATXNDC-14639777) filed by Americans for Beneficiary Choice, Senior Security Benefits, LLC (Attachments: #1 Proposed Order) (Lynn, Michael)
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Filing 15
ORDER: Before the Court is Notice of Proposed Briefing Schedule ("Notice") which was filed in both Americans for Beneficiary Choice v. United States Department of Health and Human Services, No. 4:24-cv-00439- O and Council for Medicare Choice v. United States Department of Health and Human Services, No. 4:24-cv-446-O. Notice, ECF Nos. #14 , 18 . The Court ORDERS the government to respond to ABC Plaintiffs' motion and the CMC Plaintiffs motion, via a single consolidated response not to exceed 50 pages, by 1 p.m. Central on June 3, 2024. The ABC Plaintiffs and the CMC Plaintiffs SHALL file their respective reply briefs, each not to exceed 15 pages by June 7, 2024. A hearing will be set at a later date if necessary. (Ordered by Judge Reed C. O'Connor on 5/22/2024) (sre)
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Filing 14
NOTICE of Proposed Briefing Schedule filed by Xavier Becerra, Chiquita Brooks-LaSure, Centers for Medicare & Medicaid Services, United States Department of Health and Human Services (Stoltz-DOJ, Brian)
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Filing 13
NOTICE of Attorney Appearance by Brian Walters Stoltz-DOJ on behalf of Xavier Becerra, Chiquita Brooks-LaSure, Centers for Medicare & Medicaid Services, United States Department of Health and Human Services. (Filer confirms contact info in ECF is current.) (Stoltz-DOJ, Brian)
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Filing 12
Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Stephanie A. Webster (Filing fee $100; Receipt number ATXNDC-14634725) filed by Americans for Beneficiary Choice, Senior Security Benefits, LLC (Attachments: #1 Proposed Order) (Lynn, Michael)
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Filing 11
Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Christopher M. Nienhaus (Filing fee $100; Receipt number ATXNDC-14634694) filed by Americans for Beneficiary Choice, Senior Security Benefits, LLC (Attachments: #1 Proposed Order) (Lynn, Michael)
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Filing 10
Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Casey Kyung-Se Lee (Filing fee $100; Receipt number ATXNDC-14634497) filed by Americans for Beneficiary Choice, Senior Security Benefits, LLC (Attachments: #1 Proposed Order) (Lynn, Michael)
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Filing 9
Appendix in Support filed by Americans for Beneficiary Choice, Senior Security Benefits, LLC re #7 MOTION for Injunction (Motion for a Section 705 Stay of the Final Rule or, in the Alternative, a Preliminary Injunction) (Lynn, Michael)
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Filing 8
Brief/Memorandum in Support filed by Americans for Beneficiary Choice, Senior Security Benefits, LLC re #7 MOTION for Injunction (Motion for a Section 705 Stay of the Final Rule or, in the Alternative, a Preliminary Injunction) (Lynn, Michael)
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Filing 7
MOTION for Injunction (Motion for a Section 705 Stay of the Final Rule or, in the Alternative, a Preliminary Injunction) filed by Americans for Beneficiary Choice, Senior Security Benefits, LLC with Brief/Memorandum in Support. (Attachments: #1 Proposed Order Proposed Order) (Lynn, Michael)
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Filing 6
Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Michael B. Kimberly (Filing fee $100; Receipt number ATXNDC-14621607) filed by Americans for Beneficiary Choice, Senior Security Benefits, LLC (Attachments: #1 Proposed Order)Attorney Chloe M. Teeter added to party Americans for Beneficiary Choice(pty:pla), Attorney Chloe M. Teeter added to party Senior Security Benefits, LLC(pty:pla) (Teeter, Chloe)
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Filing 5
ORDER: To expeditiously resolve the issues presented, the Court ORDERS Plaintiffs to confer with Defendants and agree on a proposed briefing schedule for the impending motion. The parties are to file a joint notice outlining the agreed briefing schedule no later than May 21, 2024. The Court DIRECTS Plaintiffs to send this order to Defendants no later than May 15, 2024. (Ordered by Judge Reed C. O'Connor on 5/14/2024) (mmw)
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Filing 4
Summons issued as to Xavier Becerra, Chiquita Brooks-LaSure, Centers for Medicare & Medicaid Services, United States Department of Health and Human Services, U.S. Attorney, and U.S. Attorney General. (mmw)
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Filing 3
New Case Notes: A filing fee has been paid. File to: Judge O Connor. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge. Clerk to provide copy to plaintiff if not received electronically. Attorneys are further reminded that, if necessary, they must comply with Local Rule 83.10(a) within 14 days or risk the possible dismissal of this case without prejudice or without further notice. (mmw)
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Filing 2
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Americans for Beneficiary Choice, Senior Security Benefits, LLC. (Clerk QC note: Affiliate entry indicated). (see #1 -2 for image) (mmw)
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Filing 1
COMPLAINT against Xavier Becerra, in his official capacity as Secretary of Health and Human Services, Chiquita Brooks-LaSure, in her official capacity as the Administrator of the Centers for Medicare & Medicaid Services, Centers for Medicare & Medicaid Services, United States Department of Health and Human Services filed by Senior Security Benefits, LLC, Americans for Beneficiary Choice. (Filing fee $405; Receipt number ATXNDC-14613687) Clerk to issue summons(es). In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the # Judges Copy Requirements and # Judge Specific Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: #1 Exhibit(s) Civil Cover Sheet, #2 Exhibit(s) Disclosures) (Lynn, Michael)
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