Docket Entries Since Last Update
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Court Dockets
U.S. District Court
Eastern District of Missouri (St. Louis)
CIVIL DOCKET FOR CASE #: 4:21-cv-01329-MTS
Eastern District of Missouri (St. Louis)
CIVIL DOCKET FOR CASE #: 4:21-cv-01329-MTS
Missouri, State of et al v. Biden et al
DOCKET INFORMATION
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| Plaintiff |
Missouri, State of
Plaintiff
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| Representation | |||
| Dean John Sauer OFFICE OF THE MISSOURI ATTORNEY GENERAL P O Box 899 Jefferson City, MO 65102 (573) 751-8870 john.sauer@ago.mo.gov ATTORNEY TO BE NOTICED | James A. Campbell, ATTORNEY GENERAL OF NEBRASKA 2115 State Capitol Building P.O. Box 98920 Lincoln, NE 68509 (402) 471-2682 jim.campbell@nebraska.gov ATTORNEY TO BE NOTICED | Jesus Armando Osete MISSOURI SECRETARY OF STATE 600 W. Main Street P.O. Box 1767 Jefferson City, MO 86785 (573) 751-4875 Jesus.Osete@sos.mo.gov TERMINATED: 05/06/2022 | |
| Madison McMillian Green, ATTORNEY GENERAL OF MISSOURI-Jefferson City 207 W. High St. P.O. Box 899 Jefferson City, MO 65102 (573) 645-2763 maddie.green@ago.mo.gov ATTORNEY TO BE NOTICED | |||
| Plaintiff |
Arkansas, State of
Plaintiff
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| Representation | |||
| Dylan L. Jacobs, ATTORNEY GENERAL OF ARKANSAS 323 Center Street Suite 200 Little Rock, AR 72201 (501) 682-3661 dylan.jacobs@arkansasag.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED | Dean John Sauer (See above for address) ATTORNEY TO BE NOTICED | James A. Campbell (See above for address) ATTORNEY TO BE NOTICED | |
| Jesus Armando Osete (See above for address) TERMINATED: 05/06/2022 | |||
| Plaintiff |
Kansas, State of
Plaintiff
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| Representation | |||
| Kurtis K. Wiard, ATTORNEY GENERAL OF KANSAS 120 SW 10th Ave. 2nd Floor Topeka, KS 66612 (785) 296-6109 kurtis.wiard@ag.ks.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED | Dean John Sauer (See above for address) ATTORNEY TO BE NOTICED | James A. Campbell (See above for address) ATTORNEY TO BE NOTICED | |
| Jesus Armando Osete (See above for address) TERMINATED: 05/06/2022 | |||
| Plaintiff |
Iowa, State of
Plaintiff
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| Representation | |||
| Samuel Paul Langholz, ATTORNEY GENERAL OF IOWA 1305 E. Walnut Hoover State Office Building Second Floor Des Moines, IA 50319 (515) 281-5164 sam.langholz@ag.iowa.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED | Dean John Sauer (See above for address) ATTORNEY TO BE NOTICED | James A. Campbell (See above for address) ATTORNEY TO BE NOTICED | |
| Jesus Armando Osete (See above for address) TERMINATED: 05/06/2022 | |||
| Defendant |
Joseph R. Biden, Jr. in his official capacity as the President of the United States of AmericaDefendant
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| Representation | |||
| Joel L. McElvain US DEPARTMENT OF JUSTICE - DC 1100 L Street NW Washington, DC 20005 (202) 616-8298 joel.l.mcelvain@usdoj.gov Federal Program Branch LEAD ATTORNEY ATTORNEY TO BE NOTICED | Julie Straus Harris US DEPARTMENT OF JUSTICE - DC 1100 L Street NW Washington, DC 20005 (202) 353-7633 julie.strausharris@usdoj.gov Federal Program Branch LEAD ATTORNEY ATTORNEY TO BE NOTICED | Jonathan D Kossak 1100 L Street NW Washington, DC 20005 (202) 305-0612 jonathan.kossak@usdoj.gov US DEPARTMENT OF JUSTICE - CIVIL DIVISION ATTORNEY TO BE NOTICED | |
| Michael Drezner US DEPARTMENT OF JUSTICE - DC 1100 L St. NW Washington, DC 20005 (202) 514-4505 michael.l.drezner@usdoj.gov ATTORNEY TO BE NOTICED | |||
| Interested Party |
Reliant Care Management Company, L.L.C. Reliant Care Management Company, L.L.C.1869 Craig Park Ct. St. Louis, MO 63146 United Sta 3146825368 Interested Party
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| Representation | |||
| Jason W. Kinser AFFINITY LAW GROUP LLC 1610 Des Peres Rd. Suite 100 St. Louis, MO 63131 (636) 260-7924 Fax: (314) 872-3365 jkinser@affinitylawgrp.com LEAD ATTORNEY ATTORNEY TO BE NOTICED | |||
Numbers shown are court assigned numbers.
| Entry | Filed | Description | |
|---|---|---|---|
| 1 | Nov 10, 2021 | View | 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). (Entered: 11/10/2021) |
| Nov 10, 2021 | 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) (Entered: 11/10/2021) | ||
| 2 | Nov 10, 2021 | Request | 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) (Entered: 11/10/2021) |
| 3 | Nov 12, 2021 | View | AFFIDAVIT OF SERVICE OF PROCESS by Plaintiff Missouri, State of. (Osete, Jesus) (Entered: 11/12/2021) |
| 4 | Nov 12, 2021 | Request | ENTRY of Appearance by Madison McMillian Green for Plaintiff Missouri, State of. (Green, Madison) (Entered: 11/12/2021) |
| 5 | Nov 12, 2021 | View | CJRA ORDER (GJL). Magistrate Judge Shirley Padmore Mensah termed. Case reassigned to District Judge Matthew T. Schelp for all further proceedings. (JEB) (Entered: 11/12/2021) |
| 6 | Nov 12, 2021 | View | 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) (Entered: 11/12/2021) |
| 7 | Nov 12, 2021 | View | 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) (Entered: 11/12/2021) |
| 8 | Nov 12, 2021 | Request | 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) (Entered: 11/12/2021) |
| 9 | Nov 12, 2021 | View | 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) (Entered: 11/12/2021) |
| 10 | Nov 15, 2021 | Request | 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) (Entered: 11/15/2021) |
| 11 | Nov 15, 2021 | Request | ENTRY of Appearance by Samuel Paul Langholz for Plaintiff Iowa, State of. (Langholz, Samuel) (Entered: 11/15/2021) |
| 12 | Nov 16, 2021 | Request | ENTRY of Appearance by Kurtis K. Wiard for Plaintiff Kansas, State of. (Wiard, Kurtis) (Entered: 11/16/2021) |
| 13 | Nov 16, 2021 | Request | 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) (Entered: 11/16/2021) |
| 14 | Nov 16, 2021 | Request | 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) (Entered: 11/16/2021) |
| 15 | Nov 16, 2021 | View | 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) (Entered: 11/16/2021) |
| 16 | Nov 17, 2021 | View | 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) (Entered: 11/17/2021) |
| 17 | Nov 17, 2021 | Request | 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) (Entered: 11/17/2021) |
| 18 | Nov 17, 2021 | Request | 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) (Entered: 11/17/2021) |
| 19 | Nov 17, 2021 | View | 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) (Entered: 11/17/2021) |
| 20 | Nov 21, 2021 | View | 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) (Entered: 11/21/2021) |
| 21 | Nov 21, 2021 | Request | 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) (Entered: 11/21/2021) |
| 22 | Nov 22, 2021 | Request | 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) (Entered: 11/22/2021) |
| 23 | Nov 22, 2021 | View | 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) (Entered: 11/22/2021) |
| 24 | Nov 22, 2021 | Request | 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) (Entered: 11/22/2021) |
| 25 | Nov 23, 2021 | Request | 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) (Entered: 11/23/2021) |
| 26 | Nov 23, 2021 | Request | 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) (Entered: 11/23/2021) |
| 27 | Nov 23, 2021 | View | 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) (Entered: 11/23/2021) |
| 28 | Nov 29, 2021 | View | 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) (Entered: 11/29/2021) |
| 29 | Nov 30, 2021 | View | 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. (Entered: 11/30/2021) |
| 30 | Nov 30, 2021 | View | 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) (Entered: 11/30/2021) |
| 31 | Nov 30, 2021 | View | 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) (Entered: 11/30/2021) |
| 32 | Nov 30, 2021 | Request | 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) (Entered: 11/30/2021) |
| 33 | Nov 30, 2021 | View | 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) (Entered: 11/30/2021) |
| 34 | Nov 30, 2021 | View | 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) (Entered: 11/30/2021) |
| 35 | Dec 1, 2021 | View | 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) (Entered: 12/01/2021) |
| 36 | Dec 2, 2021 | View | 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) (Entered: 12/02/2021) |
| 37 | Dec 13, 2021 | Request | ORDER of USCA : Appellants' Emergency Motion for Stay Pending Appeal is denied. Judge Kelly would grant the motion. USCA Appeal #: 21-3725 (KCD) (Entered: 12/13/2021) |
| 38 | Dec 13, 2021 | Request | 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) (Entered: 12/13/2021) |
| 39 | Dec 22, 2021 | View | 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) (Entered: 12/22/2021) |
| 40 | Dec 22, 2021 | View | 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) (Entered: 12/22/2021) |
| 41 | Jan 13, 2022 | Request | OPINION from Supreme Court re 29 Notice of Appeal, : USCA Appeal #: 21-3725. (KCD) (Entered: 01/13/2022) |
| 42 | Feb 23, 2022 | View | [STRICKEN per Memorandum and Order # 51 ] AMENDED COMPLAINT against defendant 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 , 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.(Osete, Jesus) Modified on 3/23/2022 (BRP). (Entered: 02/23/2022) |
| 43 | Feb 23, 2022 | View | MOTION to Lift Stay 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) (Entered: 02/23/2022) |
| 44 | Feb 23, 2022 | View | MEMORANDUM in Support of Motion re 43 MOTION to Lift Stay 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) (Entered: 02/23/2022) |
| 45 | Feb 23, 2022 | View | MOTION to Expedite Motion to Lift Stay 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) (Entered: 02/23/2022) |
| 46 | Feb 24, 2022 | Request | ENTRY of Appearance by Dylan L. Jacobs for Plaintiff Arkansas, State of. (Jacobs, Dylan) (Entered: 02/24/2022) |
| 47 | Mar 9, 2022 | View | MEMORANDUM in Opposition re 43 MOTION to Lift Stay 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. (Attachments: # 1 Affidavit Declaration of Karen Tritz)(McElvain, Joel) (Entered: 03/09/2022) |
| 48 | Mar 9, 2022 | Request | Unopposed MOTION for Leave to Exceed the Page Limit 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) (Entered: 03/09/2022) |
| 49 | Mar 10, 2022 | Request | Docket Text ORDER: Re: 48 Unopposed MOTION for Leave to Exceed the Page Limit 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) 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 ; ORDERED: GRANTED. Signed by District Judge Matthew T. Schelp on March 10, 2022. (MCB) (Entered: 03/10/2022) |
| 50 | Mar 21, 2022 | Request | REPLY to Response to Motion re 43 MOTION to Lift Stay Plaintiff States Reply Memorandum in Support of their Motion to Lift the Stay of the District Court Proceedings 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) (Entered: 03/21/2022) |
| 51 | Mar 23, 2022 | View | MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Plaintiffs' Motion to Lift Stay, Doc. 43 , is DENIED. IT IS FURTHER ORDERED that Plaintiffs' Motion to Expedite, Doc. 45 , is DENIED as moot. IT IS FINALLY ORDERED that the Clerk of Court is directed to strike Plaintiffs' First Amended Complaint, Doc. 42 . Signed by District Judge Matthew T. Schelp on March 23, 2022. (BRP) (Entered: 03/23/2022) |
| 52 | Apr 11, 2022 | View | 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 - Before LOKEN, BENTON, and KELLY, Circuit Judges In November 2021, the Secretary of Health and Human Services (the "Secretary") issued an interim final rule requiring that participating facilities ensure that their staff are vaccinated against COVID-19 to receive Medicare and Medicaid funding (unless exempt for medical or religious reasons). See 86 Fed. Reg. 61555 (2021). Many states challenged the rule. Two district courts, including the United States District Court for the Eastern District of Missouri, enjoined its enforcement. See Missouri v. Biden, No. 4:21-CV-01329-MTS, 2021 WL 5564501 (E.D. Mo. Nov. 29, 2021). The district court ruled that the states were likely to succeed on the merits of their claims that the Secretary lacked statutory authority to issue the rule. Id. The federal government filed an emergency motion in this court to stay the preliminary injunction pending appeal. This court denied the motion. The federal government petitioned the United States Supreme Court for a stay of the preliminary injunction pending further review by this court. The Supreme Court stayed the preliminary injunction pending the outcome of this appeal. Biden v. Missouri, 142 S. Ct. 647 (2022). Based on the Supreme Court's opinion, this court vacates the preliminary injunction and remands to the district court for a determination of the merits of the State of Missouris claim for permanent injunctive relief. See Fed. R. Civ. P. 65(a)(2). (TMT) (Entered: 04/12/2022) |
| 53 | Apr 11, 2022 | View | USCA JUDGMENT 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. Before LOKEN, BENTON and KELLY, Circuit Judges. The preliminary injunction is vacated and the case is remanded to the district court in accordance with this courts order dated April 11, 2022. Mandate shall issue forthwith. This is a preliminary judgment and/or opinion of U.S. Court of Appeals; jurisdiction is not recovered until the Mandate is issued by the U.S Court of Appeals. (TMT) (Entered: 04/12/2022) |
| 54 | Apr 11, 2022 | View | MANDATE 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 #:21-3725 In accordance with the judgment and pursuant to the provisions of Federal Rule of Appellate Procedure 41(a), the formal mandate is hereby issued in the above-styled matter. (TMT) (Entered: 04/12/2022) |
| 55 | Apr 19, 2022 | Request | NOTICE Substitution of Counsel: by Interested Party Reliant Care Management Company, L.L.C. (Lillis, Stephen) (Entered: 04/19/2022) |
| 56 | Apr 28, 2022 | Request | Unopposed MOTION for Extension of Time to File Answer 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. (Attachments: # 1 Text of Proposed Order)(McElvain, Joel) (Entered: 04/28/2022) |
| 57 | Apr 29, 2022 | Request | ORDER: IT IS HEREBY ORDERED that the Motion is GRANTED, and Defendants shall answer or otherwise respond to the Complaint on or before June 1, 2022. Signed by District Judge Matthew T. Schelp on 4/29/2022. (TMT) (Entered: 04/29/2022) |
| 58 | May 5, 2022 | Request | MOTION to Withdraw as Attorney ;attorney/firm Jesus A. Osete 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) (Entered: 05/05/2022) |
| 59 | May 6, 2022 | Request | Docket Text ORDER Re: 58 Motion to Withdraw as Attorney ; attorney/firm Jesus A. Osete 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; ORDERED GRANTED Signed by District Judge Matthew T. Schelp on 05/06/2022. (KCD) (Entered: 05/06/2022) |
| 60 | May 20, 2022 | View | LETTER from USCA with letter/order from U.S. Supreme Court attached. USCA Appeal #: 21-3725 Supreme Court #: 21-1463. The petition for writ of certiorari has been filed.(TMT) (Entered: 05/20/2022) |
| 61 | May 26, 2022 | Request | Unopposed MOTION to Maintain the Stay of Proceedings 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. (Attachments: # 1 Text of Proposed Order)(McElvain, Joel) Modified on 5/27/2022 (TMT). (Entered: 05/26/2022) |
| 62 | May 27, 2022 | Request | ORDER: IT IS HEREBY ORDERED that the Motion is GRANTED, and this case is STAYED pending the disposition of the petition for a writ of certiorari that the Plaintiffs have filed in this matter. Signed by District Judge Matthew T. Schelp on 5/27/2022. (TMT) (Entered: 05/27/2022) |