MCCUTCHEN et al v. BECERRA et al
| District Of Columbia District Court | |
| Judge: | Tanya S Chutkan |
| Case #: | 1:21-cv-01112 |
| Nature of Suit | 890 Other Statutes - Other Statutory Actions |
| Cause | 05:702 Administrative Procedure Act |
| Case Filed: | Apr 23, 2021 |
| Terminated: | Jul 22, 2024 |
| Last checked: Wednesday Oct 20, 2021 4:28 AM EDT |
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Defendant
XAVIER BECERRA
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Represented By
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Defendant
ELIZABETH RICHTER
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Represented By
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Defendant
UNITED STATES DEPARTMENT OF HEALTH & HUMAN SERVICES
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Represented By
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Defendant
CENTERS FOR MEDICARE & MEDICAID SERVICES
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Represented By
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Intervenor Defendant
STATE OF TENNESSEE
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Represented By
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Plaintiff
JONATHAN RICCARDI
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Represented By
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Plaintiff
BRYLEE MCCUTCHEN
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Represented By
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Plaintiff
B. S.
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Represented By
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Plaintiff
M. S.
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Represented By
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Plaintiff
T. S.
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Represented By
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Plaintiff
CASEY SIZEMORE
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Represented By
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Plaintiff
TRINA SIZEMORE
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Represented By
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Plaintiff
J. T.
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Represented By
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Plaintiff
TENNESSEE JUSTICE CENTER INC
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Represented By
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Plaintiff
A. G. W.
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Represented By
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Plaintiff
A. M. W.
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Represented By
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Plaintiff
J. A. W.
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Represented By
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Plaintiff
J. K. W.
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Represented By
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Plaintiff
JOHN RICCARDI
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Represented By
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Plaintiff
N. P.
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Represented By
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Plaintiff
BRANDI MCCUTCHEN
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Represented By
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Plaintiff
L. M.
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Represented By
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Plaintiff
K. M.
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Represented By
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Plaintiff
SADIATOU JALLOW
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Represented By
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Plaintiff
G. H.
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Represented By
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Plaintiff
D. H.
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Represented By
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Plaintiff
MELANIE COFER
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Represented By
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Plaintiff
AMIRA COFER
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Represented By
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Plaintiff
M. E. C.
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Represented By
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Plaintiff
M. A. C.
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Represented By
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Plaintiff
SUSAN BERMAN
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Represented By
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Plaintiff
BINITA BARROW
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Represented By
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Plaintiff
ALL PLAINTIFFS
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Represented By
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Plaintiff
T. A.
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Represented By
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GPO
Apr 23 2021
ORDER granting 1 Motion for Leave to Proceed Under Pseudonym; granting 2 Sealed Motion. Signed by Chief Judge Beryl A. Howell on 4/23/2021. (ztd) Modified as an opinion on 4/28/2021 (tb). |
| Docket last updated: 02/13/2025 11:59 PM EST |
| Monday, July 22, 2024 | ||
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order
.Order
Mon 07/22 11:35 AM
MINUTE ORDER DISMISSING CASE: In light of the parties'42 Stipulated Voluntary Dismissal, this action is dismissed pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii). The Clerk of the Court shall close this case. Signed by Judge Tanya S. Chutkan on 7/22/2024. (lca) |
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| Wednesday, July 17, 2024 | ||
| 42 | 42
misc
Stipulation of Dismissal
Wed 07/17 12:02 PM
STIPULATION of Dismissal by ALL PLAINTIFFS. (Perkins, Jane) |
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| Friday, July 12, 2024 | ||
| 41 | 41
misc
Status Report
Fri 07/12 11:36 AM
Joint STATUS REPORT by ALL PLAINTIFFS. (McKee, Catherine) |
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| Monday, July 01, 2024 | ||
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order
.Order ~Util - Set/Reset Deadlines
Mon 07/01 5:17 PM
MINUTE ORDER: Upon consideration of the40 Joint Status Report, the parties shall file an additional status report on or before July 12, 2024 advising the court how they wish to proceed in this matter and, if necessary, proposing a schedule to govern further proceedings. Signed by Judge Tanya S. Chutkan on 7/1/2024. (lca) |
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| Friday, June 28, 2024 | ||
| 40 | 40
misc
Status Report
Fri 06/28 2:20 PM
Joint STATUS REPORT by ALL PLAINTIFFS.(Perkins, Jane) |
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Att: 1
Text of Proposed Order
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| Wednesday, April 24, 2024 | ||
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order
Order on Motion to Remand to Agency
Wed 04/24 5:34 PM
MINUTE ORDER: GRANTING the Federal Defendants'39 Unopposed Motion for Voluntary Remand. This case is hereby REMANDED to the Department of Health and Human Services for a period not to exceed 60 days to allow the agency to revisit and provide additional explanation for the challenged decision. The court will retain jurisdiction over this matter. This case is STAYED pending further order of the court. No later than June 28, 2024 the parties shall file a joint status report informing the court of the status of the agency's review, advising the court how they wish to proceed in this matter, and, if necessary, proposing a schedule to govern further proceedings. The joint report shall be accompanied by a proposed order. Signed by Judge Tanya S. Chutkan on 4/24/2024. (lca) |
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order
~Util - Case Stayed
Wed 04/24 5:35 PM
Case stayed until further order of the court. Signed by Judge Tanya S. Chutkan on 4/24/2024. (lca) |
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| Tuesday, April 23, 2024 | ||
| 39 | 39
motion
Remand to Agency
Tue 04/23 11:04 AM
Unopposed MOTION to Remand to the Department of Health and Human Services by XAVIER BECERRA.(Bryce, Peter) |
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Att: 1
Text of Proposed Order
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| Wednesday, February 21, 2024 | ||
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order
Order on Motion for Extension of Time to Answer
Wed 02/21 3:34 PM
MINUTE ORDER: GRANTING Federal Defendants'38 Consent Motion for Extension of Time. The Federal Defendants and Intervenor-Defendant's response to the37 Supplemental Complaint is due April 29, 2024. Signed by Judge Tanya S. Chutkan on 2/21/2024. (lca) |
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| Tuesday, February 20, 2024 | ||
| 38 | 38
motion
Extension of Time to File Answer
Tue 02/20 12:38 PM
Consent MOTION for Extension of Time to File Answer or Otherwise Respond to the Supplemental Complaint by XAVIER BECERRA.(Bryce, Peter) |
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Att: 1
Text of Proposed Order
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| Monday, January 22, 2024 | ||
| 37 | 37
cmp
Amended Complaint
Mon 01/22 3:00 PM
Supplemental COMPLAINT against All Defendants filed by ALL PLAINTIFFS.(Perkins, Jane) Modified on 1/22/2024 to correct docket text (zjm) |
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| Thursday, December 28, 2023 | ||
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utility
Set/Reset Deadlines
Thu 12/28 8:50 AM
Set/Reset Deadlines: Supplemental Complaint by 2/1/2024. Response due by 2/27/2024. (zglw) |
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| Wednesday, December 27, 2023 | ||
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order
Order on Motion for Leave to File
Wed 12/27 4:20 PM
MINUTE ORDER: GRANTING Plaintiffs'36 Unopposed Motion for Leave to File Supplemental Complaint. Plaintiffs' Supplemental Complaint meets the requirements of Federal Rule of Civil Procedure 15(d). Pursuant to Local Civil Rule 7(i), the Supplemental Complaint [36-1] is deemed filed and served on December 27, 2023. The Federal Defendants and Intervenor-Defendant's response to the Supplemental Complaint is due February 27, 2024. Prior to February 1, 2024, Plaintiffs are directed to file a copy of the Supplemental Complaint as a separate ECF entry. Signed by Judge Tanya S. Chutkan on 12/27/2023. (lca) |
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| Friday, December 22, 2023 | ||
| 36 | 36
motion
Leave to File Document
Fri 12/22 1:43 PM
Unopposed MOTION for Leave to File Supplemental Complaint by ALL PLAINTIFFS.(McKee, Catherine) |
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Att: 1
Exhibit Supplemental Complaint,
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Att: 2
Text of Proposed Order
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| Monday, November 06, 2023 | ||
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order
Order on Motion to Lift Stay
Mon 11/06 10:38 AM
GRANTING in part the parties'35 Motion to Lift Stay. The stay in this case is lifted. Plaintiffs shall file any motion for leave to file a Supplemental Complaint by 12/22/2023. Signed by Judge Tanya S. Chutkan on 11/6/2023. (lca) |
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utility
Set/Reset Deadlines
Mon 11/06 10:43 AM
Set/Reset Deadlines: Motion due by 12/22/2023. (nbn) |
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| Friday, November 03, 2023 | ||
| 35 | 35
motion
Lift Stay
Fri 11/03 2:30 PM
MOTION to Lift Stay by ALL PLAINTIFFS.(Perkins, Jane) |
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Att: 1
Text of Proposed Order Proposed order lifting stay
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| 34 | 34
misc
Status Report
Fri 11/03 2:15 PM
Joint STATUS REPORT by ALL PLAINTIFFS. (Perkins, Jane) |
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| Thursday, September 07, 2023 | ||
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order
Order on Motion for Extension of Time to
Thu 09/07 11:10 AM
MINUTE ORDER: Granting Joint Motion for Extension of Stay 33 . This action is hereby STAYED until November 3, 2023. By this date, the parties shall file a joint status report advising the court on how they wish to proceed in this matter and include a proposed order. Signed by Judge Tanya S. Chutkan on 9/7/23. (lca) |
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utility
Set/Reset Deadlines
Thu 09/07 11:17 AM
Set/Reset Deadlines: Joint Status Report due by 11/3/2023 (lsj) |
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| Wednesday, September 06, 2023 | ||
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notice
Notice of QC
Wed 09/06 12:21 PM
NOTICE OF ERROR re32 Status Report; emailed to perkins@healthlaw.org, cc'd 10 associated attorneys -- The PDF file you docketed contained errors: 1. Notice of Corrected Docket Entry: Your entry has been modified as a courtesy. Please note the appropriate reminders for future filings; do not refile document, 2. Please note the following for future filings; do not refile document , 3. DO NOT REFILE: Counsel reminded: for two-part document; second docket entry is required. (zjm, ) |
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| Tuesday, September 05, 2023 | ||
| 33 | 33
motion
Extension of Time to
Wed 09/06 12:12 PM
MOTION for Extension of Stay by ALL PLAINTIFFS. (See Docket Entry32 to view document) (zjm) |
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| 32 | 32
misc
Status Report
Tue 09/05 4:59 PM
Joint STATUS REPORT AND MOTION FOR EXTENSION OF STAY by ALL PLAINTIFFS.(Perkins, Jane) |
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Att: 1
Text of Proposed Order
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| Wednesday, September 29, 2021 | ||
| 31 | 31
notice
Notice of Withdrawal of Appearance
Wed 09/29 12:02 PM
NOTICE OF WITHDRAWAL OF APPEARANCE as to ALL PLAINTIFFS. Attorney Rebecca Gittelson and Joel L. McElvain terminated. (McElvain, Joel) |
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| Wednesday, August 11, 2021 | ||
| 29 | 29
motion
Hold in Abeyance
Wed 08/11 6:17 PM
Unopposed MOTION to Hold in Abeyance and Stay Proceedings by XAVIER BECERRA, CENTERS FOR MEDICARE & MEDICAID SERVICES, ELIZABETH RICHTER, UNITED STATES DEPARTMENT OF HEALTH & HUMAN SERVICES.(Bryce, Peter) |
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Att: 1
Text of Proposed Order
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order
Order on Motion to Hold in Abeyance
Wed 08/11 8:07 PM
MINUTE ORDER: Granting Unopposed29 Motion to Stay. This action is hereby STAYED pending the outcome of the new comment period pertaining to the challenged agency decision of January 8, 2021. The parties shall file a Joint Status Report and propose order within 30 days of whatever decision is issued following the new comment period. Signed by Judge Tanya S. Chutkan on 8/11/21. (DJS) |
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| Thursday, August 05, 2021 | ||
| 30 | 30
answer
Answer to Amended Complaint
Fri 08/13 12:28 PM
ANSWER to23 Amended Complaint by STATE OF TENNESSEE.(ztd) (Main Document 30 replaced with correct document from docket entry no. 27 per counsel on 8/13/2021) (ztd) |
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order
Order on Motion to Intervene
Thu 08/05 10:41 AM
MINUTE ORDER: Granting19 Motion to Intervene as Defendant by The State of Tennessee. SO ORDERED by Judge Tanya S. Chutkan on 08/04/2021. (tb) |
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| Tuesday, June 29, 2021 | ||
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utility
Set/Reset Deadlines
Tue 06/29 10:29 AM
Set/Reset Deadlines: Answer due by 8/27/2021. (tb) |
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| Monday, June 28, 2021 | ||
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order
Order on Motion for Extension of Time to Answer
Mon 06/28 11:02 AM
MINUTE ORDER: Granting28 Motion for Extension of Deadlines. The federal defendants shall answer or otherwise respond to the Complaint by 8/27/21. Signed by Judge Tanya S. Chutkan on 6/28/21. (DJS) |
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| Tuesday, June 22, 2021 | ||
| 28 | 28
motion
Extension of Time to File Answer
Tue 06/22 6:42 PM
Unopposed MOTION for Extension of Time to File Answer re23 Amended Complaint by XAVIER BECERRA, CENTERS FOR MEDICARE & MEDICAID SERVICES, ELIZABETH RICHTER, UNITED STATES DEPARTMENT OF HEALTH & HUMAN SERVICES.(Bryce, Peter) |
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Att: 1
Text of Proposed Order
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| Tuesday, June 08, 2021 | ||
| 27 | 27
notice
Notice (Other)
Tue 06/08 6:59 PM
NOTICE of Filing of Answer to Plaintiffs' Amended Complaint by STATE OF TENNESSEE(Keller, Scott) |
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Att: 1
Exhibit Proposed Answer in Intervention
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| Wednesday, June 02, 2021 | ||
| 26 | 26
notice
Notice (Other)
Wed 06/02 3:36 PM
NOTICE of Non-Opposition by XAVIER BECERRA, CENTERS FOR MEDICARE & MEDICAID SERVICES, ELIZABETH RICHTER, STATE OF TENNESSEE re19 MOTION to Intervene as Defendant (Bryce, Peter) |
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| 25 | 25
notice
Notice of Appearance
Wed 06/02 9:32 AM
NOTICE of Appearance by Peter M. Bryce on behalf of XAVIER BECERRA, CENTERS FOR MEDICARE & MEDICAID SERVICES, ELIZABETH RICHTER, UNITED STATES DEPARTMENT OF HEALTH & HUMAN SERVICES (Bryce, Peter) |
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| Thursday, May 27, 2021 | ||
| 24 | 24
notice
Notice of Appearance
Thu 05/27 1:09 PM
NOTICE of Appearance by Rebecca Gittelson on behalf of ALL PLAINTIFFS (Gittelson, Rebecca) |
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| Wednesday, May 26, 2021 | ||
| 23 | 23
cmp
Amended Complaint
Wed 05/26 5:10 PM
AMENDED COMPLAINT against XAVIER BECERRA, CENTERS FOR MEDICARE & MEDICAID SERVICES, ELIZABETH RICHTER, UNITED STATES DEPARTMENT OF HEALTH & HUMAN SERVICES filed by ALL PLAINTIFFS.(McElvain, Joel) |
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| Friday, May 21, 2021 | ||
| 22 | 22
notice
Notice of Appearance
Fri 05/21 9:51 AM
NOTICE of Appearance by Scott A. Keller on behalf of The State of Tennessee (Keller, Scott) |
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| Thursday, May 20, 2021 | ||
| 21 | 21
service
Summons Returned Executed as to Federal Defendant
Thu 05/20 5:07 PM
RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. (McElvain, Joel) |
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| 20 | 20
service
Summons Returned Executed as to Federal Defendant
Thu 05/20 5:06 PM
RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. (McElvain, Joel) |
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| 19 | 19
motion
Intervene
Thu 05/20 3:45 PM
MOTION to Intervene as Defendant by The State of Tennessee.(Keller, Scott) |
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Att: 1
Exhibit Proposed Answer in Intervention
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| Friday, May 14, 2021 | ||
| 18 | 18
service
Summons Returned Executed as to Federal Defendant
Fri 05/14 11:34 AM
RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. (McElvain, Joel) |
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| 17 | 17
service
Summons Returned Executed as to Federal Defendant
Fri 05/14 11:33 AM
RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. (McElvain, Joel) |
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| 16 | 16
service
Summons Returned Executed as to U.S. Attorney General
Fri 05/14 11:20 AM
RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 05/10/2021. (McElvain, Joel) |
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| Wednesday, May 12, 2021 | ||
| 15 | 15
notice
Notice of Appearance
Wed 05/12 10:03 AM
NOTICE of Appearance by Catherine A. McKee on behalf of All Plaintiffs (McKee, Catherine) |
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| 14 | 14
notice
Notice of Appearance
Wed 05/12 9:55 AM
NOTICE of Appearance by Jane Perkins on behalf of All Plaintiffs (Perkins, Jane) |
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| Wednesday, May 05, 2021 | ||
| 13 | 13
service
Summons Returned Executed as to US Attorney
Wed 05/05 3:11 PM
RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 4/29/2021. Answer due for ALL FEDERAL DEFENDANTS by 6/28/2021. (McElvain, Joel) |
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| 12 | 12
notice
Notice of Withdrawal of Motion
Wed 05/05 9:56 AM
NOTICE OF WITHDRAWAL OF MOTION by ALL PLAINTIFFS re10 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Ahsin Azim, Fee Status: No Fee Paid. (McElvain, Joel) |
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| Tuesday, May 04, 2021 | ||
| 11 | 11
motion
Appear Pro Hac Vice
Tue 05/04 2:53 PM
MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Rebecca L. Gittelson, Fee Status: No Fee Paid. by ALL PLAINTIFFS.(McElvain, Joel) |
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Att: 1
Declaration of Rebecca L. Gittelson,
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Att: 2
Text of Proposed Order
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| 10 | 10
motion
Appear Pro Hac Vice
Tue 05/04 2:48 PM
MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Ahsin Azim, Fee Status: No Fee Paid. by ALL PLAINTIFFS.(McElvain, Joel) |
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Att: 1
Declaration of Ahsin Azim,
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Att: 2
Text of Proposed Order
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order
Order on Motion for Leave to Appear Pro Hac Vice
Tue 05/04 3:26 PM
MINUTE ORDER: Granting11 Motion for Leave to Appear Pro Hac Vice. Rebecca L. Gittelson is hereby admitted pro hac vice to appear in this matter on behalf of Plaintiffs.. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions . Signed by Judge Tanya S. Chutkan on 5/4/21. (DJS) |
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| Friday, April 30, 2021 | ||
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order
Order on Motion for Leave to Appear Pro Hac Vice
Fri 04/30 2:47 PM
MINUTE ORDER: Denying without prejudice9 Motion for Leave to Appear Pro Hac Vice for failing to fully comply with Local Civil Rule 83.2(d)(4), which requires "a certification that the attorney [seeking admission] either HAS or HAS NOT BEEN DISCIPLINED by any bar, and if the attorney has been disciplined by any bar, the circumstances and details of the discipline." Signed by Judge Tanya S. Chutkan on 4/30/21. (DJS) |
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order
Order on Motion for Leave to Appear Pro Hac Vice
Fri 04/30 2:50 PM
MINUTE ORDER: Granting in part and denying in part8 Motion for Admission Pro Hac Vice. Ahsin Azim may be heard in open court on behalf of Plaintiffs, but may not file papers in this court. See Local Civil Rule 83.2(c)(2) ("An attorney who engages in the practice of law from an office located in the District of Columbia must be a member of the District of Columbia Bar AND the Bar of this Court to file papers in this Court."). Signed by Judge Tanya S. Chutkan on 4/30/21. (DJS) |
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| Thursday, April 29, 2021 | ||
| 9 | 9
motion
Appear Pro Hac Vice
Thu 04/29 10:46 AM
MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Rebecca L. Gittelson, Filing fee $ 100, receipt number ADCDC-8409581. Fee Status: Fee Paid. by T. A., ALL PLAINTIFFS, BINITA BARROW, SUSAN BERMAN, M. E. C., M. A. C., AMIRA COFER, MELANIE COFER, D. H., G. H., SADIATOU JALLOW, K. M., L. M., BRANDI MCCUTCHEN, BRYLEE MCCUTCHEN, N. P., JOHN RICCARDI, JONATHAN RICCARDI, B. S., M. S., T. S., CASEY SIZEMORE, TRINA SIZEMORE, J. T., TENNESSEE JUSTICE CENTER INC, A. M. W., A. G. W., J. K. W., J. A. W..(McElvain, Joel) |
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Att: 1
Declaration of Rebecca L. Gittelson,
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Att: 2
Text of Proposed Order
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| 8 | 8
motion
Appear Pro Hac Vice
Thu 04/29 10:38 AM
MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Ahsin Azim, Filing fee $ 100, receipt number ADCDC-8409315. Fee Status: Fee Paid. by T. A., BINITA BARROW, SUSAN BERMAN, M. E. C., M. A. C., AMIRA COFER, MELANIE COFER, D. H., G. H., SADIATOU JALLOW, K. M., L. M., BRANDI MCCUTCHEN, BRYLEE MCCUTCHEN, N. P., JOHN RICCARDI, JONATHAN RICCARDI, B. S., M. S., T. S., CASEY SIZEMORE, TRINA SIZEMORE, J. T., TENNESSEE JUSTICE CENTER INC, A. M. W., A. G. W., J. K. W., J. A. W..(McElvain, Joel) |
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Att: 1
Declaration of Ahsin Azim,
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Att: 2
Text of Proposed Order
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| Wednesday, April 28, 2021 | ||
| 6 | 6
service
Electronic Summons Issued as to AUSA,USAG
Wed 04/28 12:28 PM
SUMMONS (6) Issued Electronically as to XAVIER BECERRA, CENTERS FOR MEDICARE & MEDICAID SERVICES, ELIZABETH RICHTER, UNITED STATES DEPARTMENT OF HEALTH & HUMAN SERVICES, U.S. Attorney and U.S. Attorney General(ztd) |
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Att: 1
Summons,
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Att: 2
Summons,
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Att: 3
Summons,
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Att: 4
Summons,
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Att: 5
Summons
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misc
Filing Fee Received
Wed 04/28 2:56 PM
Filing fee received: $ 402.00, receipt number: Tracking Id: ADCDC-8407525; Account Number: 3139547 (ztd) |
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| Friday, April 23, 2021 | ||
| 7 | 7
misc
Sealed Document
Wed 04/28 1:19 PM
SEALED DOCUMEN filed by ALL PLAINTIFFS. (This document is SEALED and only available to authorized persons.)(ztd) |
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| 5 | 5
notice
LCvR 26.1 Certificate of Disclosure - Corporate Affiliations/Financial Interests
Wed 04/28 12:03 PM
LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by TENNESSEE JUSTICE CENTER INC (ztd) |
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| 4 | 4
misc
Sealed Document
Wed 04/28 12:01 PM
COMPLAINT filed by ALL PLAINTIFFS.(ztd) Modified per counsel, not sealed on 4/28/2021 (ztd) |
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Att: 1
Civil Cover Sheet
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| 3 | 3
7
pgs
order
Order on Motion for Leave to Proceed Under Pseudonym Order on Sealed Motion
Wed 04/28 11:56 AM
ORDER granting1 Motion for Leave to Proceed Under Pseudonym; granting2 Sealed Motion. Signed by Chief Judge Beryl A. Howell on 4/23/2021. (ztd) Modified as an opinion on 4/28/2021 (tb) |
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| 2 | 2
motion
Sealed Motion
Wed 04/28 11:49 AM
SEALED MOTION filed by ALL PLAINTIFFS. (This document is SEALED and only available to authorized persons.)(ztd) |
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Att: 1
Exhibit,
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Att: 2
Text of Proposed Order
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| 1 | 1
motion
Proceed Under Pseudonym
Wed 04/28 11:46 AM
MOTION to Proceed Under Pseudonym by ALL PLAINTIFFS.(ztd) |
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Att: 1
Text of Proposed Order
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