Milan Puskar Health Right et al v. Crouch et al
| Carrie Ware, Alina Lemire, Milan Puskar Health Right and Lawson Koeppel |
| Jolynn Marra, Steve Harrison, Bill J. Crouch and Rich Olsen |
| Network for Public Health Law, Mountain State Justice, March of Dimes, Cabin Creek Health Systems and West Virginia Health and Public Health Experts |
| 3:2021cv00370 |
| June 25, 2021 |
| US District Court for the Southern District of West Virginia |
| Robert C Chambers |
| Civil Rights: Other |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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This docket was last retrieved on March 31, 2022. A more recent docket listing may be available from PACER.
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Filing 38
REPLY by Bill J. Crouch, Steve Harrison, Jolynn Marra, Rich Olsen to #36 Response In Opposition. (Attachment: #1 Exhibit A)(Pogue, David)
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Filing 37
RESPONSE by Lawson Koeppel, Alina Lemire, Milan Puskar Health Right, Carrie Ware re: #35 MOTION by Rich Olsen to Dismiss #21 Amended Verified Complaint (Stark, Loree)
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Filing 36
RESPONSE by Lawson Koeppel, Alina Lemire, Milan Puskar Health Right, Carrie Ware in opposition to #32 MOTION by Bill J. Crouch, Steve Harrison, Jolynn Marra to Dismiss #21 Amended Verified Complaint (Stark, Loree)
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Filing 35
MOTION by Rich Olsen to Dismiss #21 Amended Verified Complaint. (Ellison, Anne) (Modified on 7/23/2021 to add link to #21 amended complaint) (kew).
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Filing 34
NOTICE OF APPEARANCE by Anne Ballard Ellison on behalf of Rich Olsen. (Ellison, Anne)
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Filing 33
MEMORANDUM OF LAW by Bill J. Crouch, Steve Harrison, Jolynn Marra in support of #32 MOTION by Bill J. Crouch, Steve Harrison, Jolynn Marra to Dismiss #21 Amended Verified Complaint. (Pogue, David)
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Filing 32
MOTION by Bill J. Crouch, Steve Harrison, Jolynn Marra to Dismiss #21 Amended Verified Complaint. (Attachment: #1 Exhibit A)(Pogue, David)
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Filing 31
MEMORANDUM OPINION AND ORDER dissolving the 6/28/2021 #11 Temporary Restraining Order and denying Plaintiffs' request for a preliminary injunction; granting Defendants' #26 MOTION to Supplement the Record. Signed by Judge Robert C. Chambers on 7/15/2021. (cc: counsel of record; any unrepresented parties) (jsa)
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Filing 30
REPLY by Bill J. Crouch, Steve Harrison, Jolynn Marra to #28 OBJECTION by Lawson Koeppel, Alina Lemire, Milan Puskar Health Right, Carrie Ware to 26 MOTION by Bill J. Crouch, Steve Harrison, Jolynn Marra, Rich Olsen to Supplement the Record, RESPONSE to #4 MOTION by Milan Puskar Health Right, Lawson Koeppel, Alina Lemire, Carrie Ware for Emergency Injunctive Relief, and REQUEST for Clarification of Court's Position on OHFLAC'S Discretion to Further Modify Draft Regulations. (Attachment: #1 Exhibit A)(Pogue, David)
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Filing 29
STIPULATION by Milan Puskar Health Right, Lawson Loeppel, alina Lemire, Carrie Ware, Bill J. Crouch, Steve Harrison, Jolynn Marra, Rich Olsen; the parties stipulate that all of the named defendants shall have until 7/23/2021, to answer or otherwise respond to Plaintiffs' #21 Amended Complaint. (Pogue, David) (Modified on 7/14/2021 to add party filers) (mkw).
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RESET DEADLINE: Bill J. Crouch, Steve Harrison, Jolynn Marra, Rich Olsen answer due 7/23/2021. (mkw)
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Filing 28
OBJECTION by Lawson Koeppel, Alina Lemire, Milan Puskar Health Right, Carrie Ware to #26 MOTION by Bill J. Crouch, Steve Harrison, Jolynn Marra, Rich Olsen to Supplement the Record, RESPONSE to #4 MOTION by Milan Puskar Health Right, Lawson Koeppel, Alina Lemire, Carrie Ware for Emergency Injunctive Relief, and REQUEST for Clarification of Court's Position on OHFLAC'S Discretion to Further Modify Draft Regulations. (Attachment: #1 Exhibit - Excerpts from Transcript from July 8 Hearing)(Stark, Loree) (Modified on 7/14/2021 to convert event to a motion) (mkw).
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Filing 27
TRANSCRIPT OF PROCEEDINGS of Motion Hearing held on July 8, 2021, before Judge Robert C. Chambers. Court Reporter Kathy Swinhart, Telephone number 304-528-7583. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due 7/23/2021. Redaction Request due 8/3/2021. Redacted Transcript Deadline set for 8/13/2021. Release of Transcript Restriction set for 10/12/2021. (kls)
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Filing 26
MOTION by Bill J. Crouch, Steve Harrison, Jolynn Marra, Rich Olsen to Supplement the Record. (Attachment: #1 Affidavit of Jolynn Marra)(Pogue, David) (Modified on 7/13/2021 to add party filer) (mkw).
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Filing 25
EXHIBIT LIST FROM PRELIMINARY INJUNCTION HEARING held 7/8/2021. (Attachment: #1 Defendant's Exhibit 1) (jsa)
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Filing 24
WITNESS LIST for Preliminary Injunction Hearing held 7/8/2021. (jsa)
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Filing 23
PRELIMINARY INJUNCTION HEARING held by Judge Robert C. Chambers on 7/8/2021; Court Reporter: Kathy Swinhart. (trj)
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Filing 22
SUPPLEMENTAL EXHIBIT AFFIDAVIT OF JESSICA Y. WHITMORE by Bill J. Crouch, Jolynn Marra, and Steve Harrison in support of Defendants' #14 Response In Opposition to Plaintiffs' #4 Motion. (hkl)
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Filing 21
AMENDED VERIFIED COMPLAINT FOR DECLARATORY AND EMERGENCY INJUNCTIVE RELIEF by Milan Puskar Health Right, Lawson Koeppel,Alina Lemire, and Carrie Ware against Bill J. Crouch, Jolynn Marra, Steve Harrison, and Rich Olsen. (hkl)
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Filing 20
ORDER granting Plaintiffs' #18 MOTION for Leave to File an Amended Complaint; granting Defendants' #19 MOTION for Leave to File Supplemental Exhibit; granting Amici's #16 MOTION for Leave to File #15 Amici Curiae Brief in support of Plaintiffs' #4 Motion for Injunctive Relief; directing the Clerk to docket the Amended Complaint and Defendants' supplemental exhibit; further clarifying the scope of the Preliminary Injunction Hearing scheduled for 7/8/2021. Signed by Judge Robert C. Chambers on 7/7/2021. (cc: counsel of record; any unrepresented parties) (hkl)
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Filing 19
MOTION by Bill J. Crouch, Steve Harrison, Jolynn Marra for Leave to File Supplemental Exhibit. (Attachment: #1 Affidavit of Jessica Whitmore)(Pogue, David)
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Filing 18
MOTION by Lawson Koeppel, Alina Lemire, Milan Puskar Health Right, Carrie Ware for Leave to File An Amended Complaint, with proposed document attached. (Attachment: #1 Exhibit - Amended Complaint)(Stark, Loree)
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Filing 17
REPLY by Lawson Koeppel, Alina Lemire, Milan Puskar Health Right, Carrie Ware to #14 Response In Opposition. (Attachment: #1 Declaration of Laura Jones)(Stark, Loree)
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Filing 16
MOTION by Network for Public Health Law, Mountain State Justice, March of Dimes, Cabin Creek Health Systems, West Virginia Health and Public Health Experts for Leave to File Brief of Amici Curiae Brief on Behalf of the Network for Public Health Law, Mountain State Justice, March of Dimes, Cabin Creek Health Systems, and West Virginia Health and Public Health Experts in Support of Plaintiff's #4 Motion for Emergency Injunctive Relief (Wagner, Jennifer) (Modified on 7/2/2021 to add party filers and to add link to #4 Motion for Emergency Injunctive Relief) (mk).
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Filing 15
BRIEF of Amici Curiae of the Network For Public Health Law, Mountain State Justice, March of Dimes, Cabin Creek Health Systems, and West Virginia Health and Public Health Experts by Network for Public Health, Mountain State Justice, March of Dimes, Cabin Creek Health Systems, and West Virginia Health and Public Health Experts in support of #4 MOTION by Lawson Koeppel, Alina Lemire, Milan Puskar Health Right, Carrie Ware for Emergency Injunctive Relief (Wagner, Jennifer) (Modified on 7/2/2021 to add party filers) (mk).
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Filing 14
RESPONSE by Bill J. Crouch, Steve Harrison, Jolynn Marra in opposition to #4 MOTION by Lawson Koeppel, Alina Lemire, Milan Puskar Health Right, Carrie Ware for Emergency Injunctive Relief (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Pogue, David)
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Filing 13
STATEMENT OF VISITING ATTORNEY from Corey Davis on behalf of Lawson Koeppel, Alina Lemire, Milan Puskar Health Right and Carrie Ware. Local counsel: Jennifer Wagner. Fee $50.00. Receipt # AWVSDC-7978560. (Wagner, Jennifer) (Modified on 7/1/2021 to add party filers) (mkw).
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Filing 12
PROOF OF SERVICE by Lawson Koeppel, Alina Lemire, Milan Puskar Health Right, Carrie Ware for Service of Temporary Restraining Order on the Office of the West Virginia Attorney General Pursuant to Court's Order. (Stark, Loree)
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Filing 11
DISSOLVED PURSUANT TO THE #31 MEMORANDUM OPINION AND ORDER. TEMPORARY RESTRAINING ORDER granting Plaintiffs' #4 MOTION for a temporary restraining order, or, in the alternative, expedited preliminary injunctive relief and directing as follows: the Court hereby temporarily restrains and enjoins State Defendants from enforcing Senate Bill 334; the Court hereby temporarily restrains and enjoins the Clerk of the House of Delegates and Keeper of the Rolls from exercising any authority granted to him under House Rule 20 to amend Senate Bill 334; and the requirement for bond or security from Plaintiffs is waived; this Order shall take effect on this day at 5:00 p.m.; scheduling a preliminary injunction hearing for 7/8/2021 at 1:00 p.m.; at such time, the Court will determine whether the temporary restraining order shall be dissolved or whether a preliminary injunction shall issue; Defendants shall file a response no later than 7/2/2021 at 12:00 p.m., and Plaintiffs shall file a reply no later than 7/6/2021 at 12:00 p.m.; Plaintiffs' counsel is further directed to immediately send a copy of this Order via e-mail to the Office of the West Virginia Attorney General. Signed by Judge Robert C. Chambers on 6/28/2021. (cc: counsel of record; any unrepresented parties) (jsa) (Modified on 7/15/2021 to note that this order has been dissolved pursuant to the #31 memorandum opinion and order) (mkw).
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Filing 10
PROOF OF SERVICE by Lawson Koeppel, Alina Lemire, Milan Puskar Health Right, Carrie Ware of Complaint and Initial Pleadings on West Virginia Attorney General Pursuant to FRCP 5.1(b). (Stark, Loree)
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Filing 9
SUMMONS RETURNED EXECUTED for Jolynn Marra, re: #1 Complaint. Jolynn Marra served on 6/28/2021, answer due 7/19/2021. (Stark, Loree) (Additional attachment added on 6/29/2021: #1 Summons) (mkw). (Modified on 6/29/2021 to remove link to #4 motion and #5 memorandum and to add a copy of the summons as an attachment) (mkw).
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Filing 8
SUMMONS RETURNED EXECUTED for Steve Harrison, re: #1 Complaint. Steve Harrison served on 6/28/2021, answer due 7/19/2021. (Stark, Loree) (Additional attachment added on 6/29/2021: #1 Summons) (mkw). (Modified on 6/29/2021 to remove link to #4 motion and #5 memorandum and to add a copy of the summons as an attachment) (mkw).
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Filing 7
SUMMONS RETURNED EXECUTED for Bill J. Crouch, re: #1 Complaint. Bill J. Crouch served on 6/28/2021, answer due 7/19/2021. (Stark, Loree) (Additional attachment added on 6/29/2021: #1 Summons) (mkw). (Modified on 6/29/2021 to remove link to #4 motion and #5 memorandum and to add a copy of the summons as an attachment) (mkw).
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Filing 6
ELECTRONIC SUMMONS ISSUED as to Bill J. Crouch, Jolynn Marra, Steve Harrison, re: #1 Complaint for Declaratory and Emergency Injuctive Relief for Constitutional Violations. Summons returnable 21 days. Instructions to Counsel: This is your electronic summons. Please print as many copies of the Summons and Complaint as are necessary to effectuate service under Fed. R. Civ. P. 4. See Proof of Service page of this Summons form for filing a return of service if required by Fed. R. Civ. P. 4(l). (Attachments: #1 Summons for Jolynn Marra, #2 Summons for Steve Harrison) (hkl)
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Filing 5
MEMORANDUM by Milan Puskar Health Right, Lawson Koeppel, Alina Lemire, Carrie Ware in support of the Plaintiffs' #4 MOTION for Emergency Injunctive Relief. (hkl)
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Filing 4
MOTION by Milan Puskar Health Right, Lawson Koeppel, Alina Lemire, Carrie Ware for Emergency Injunctive Relief. (Attachment: #1 Proposed Order) (hkl)
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Filing 3
STANDING ORDER IN RE: ASSIGNMENT AND REFERRAL OF CIVIL ACTIONS AND MATTERS TO MAGISTRATE JUDGES ENTERED JANUARY 4, 2016. Discovery referred to Magistrate Judge Eifert. (cc: attys; any unrepresented party) (hkl)
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Filing 2
SUMMONS SUBMITTED by Milan Puskar Health Right, Lawson Koeppel, Alina Lemire, Carrie Ware for Bill J. Crouch, Steve Harrison, Jolynn Marra, re: #1 Verified Complaint for Declaratory and Emergency Injunctive Relief for Constitutional Violations. (Attachments: #1 Proposed Summons, #2 Proposed Summons) (hkl)
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Filing 1
VERIFIED COMPLAINT FOR DECLARATORY AND EMERGENCY INJUNCTIVE RELIEF FOR CONSTITUTIONAL VIOLATIONS. Filing Fee $402.00. Receipt # AWVSDC-7975663. (Attachments: #1 Declaration of Laura Jones, #2 Joint Declaration of Lawson Koeppel and Alina Lemire, #3 Declaration of Carrie Ware, #4 Exhibit A, #5 Exhibit B, #6 Exhibit C, #7 Exhibit D, #8 Exhibit E, #9 Exhibit F, #10 Exhibit G, #11 Civil Cover Sheet) (hkl)
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CASE assigned to Judge Robert C. Chambers. (ts)
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