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Missouri, State of et al v. Biden et al, Docket No. 4:21-cv-01329 (E.D. Mo. Nov 10, 2021), Court Docket
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Missouri, State of et al v. Biden et al

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U.S. District Court
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
Minimize
Date Filed: Nov 10, 2021
Nature of suit:899 Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision
Assigned to:District Judge Matthew T. Schelp
Cause:05:551 Administrative Procedure Act
Jurisdiction:U.S. Government Defendant
Jury demand:None

Parties and Attorneys

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 Plaintiff
Missouri, State of
Plaintiff
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
Nebraska, State of
Plaintiff
Representation
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
Arkansas, State of
Plaintiff
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
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
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

 Plaintiff
Wyoming, State of
Plaintiff
Representation
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
Alaska, State of
Plaintiff
Representation
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
South Dakota, State of
Plaintiff
Representation
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
North Dakota, State of
Plaintiff
Representation
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
New Hampshire, State of
Plaintiff
Representation
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 America
Defendant
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

 Defendant
United States of America
Defendant
Representation
Joel L. McElvain
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Julie Straus Harris
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Jonathan D Kossak
(See above for address)
ATTORNEY TO BE NOTICED
Michael Drezner
(See above for address)
ATTORNEY TO BE NOTICED

 Defendant
United States Department of Health and Human Services
Defendant
Representation
Joel L. McElvain
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Julie Straus Harris
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Jonathan D Kossak
(See above for address)
ATTORNEY TO BE NOTICED
Michael Drezner
(See above for address)
ATTORNEY TO BE NOTICED

 Defendant
Xavier Becerra
in his official capacity as Secretary of the United States Department of Health and Human Services
Defendant
Representation
Joel L. McElvain
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Julie Straus Harris
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Jonathan D Kossak
(See above for address)
ATTORNEY TO BE NOTICED
Michael Drezner
(See above for address)
ATTORNEY TO BE NOTICED

 Defendant
Centers for Medicare and Medicaid Services
Defendant
Representation
Joel L. McElvain
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Julie Straus Harris
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Jonathan D Kossak
(See above for address)
ATTORNEY TO BE NOTICED
Michael Drezner
(See above for address)
ATTORNEY TO BE NOTICED

 Defendant
Chiquita Brooks-LaSure
in her official capacity as Administrator for the Centers for Medicare and Medicaid Services
Defendant
Representation
Joel L. McElvain
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Julie Straus Harris
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Jonathan D Kossak
(See above for address)
ATTORNEY TO BE NOTICED
Michael Drezner
(See above for address)
ATTORNEY TO BE NOTICED

 Defendant
Meena Seshamani
in her official capacity as Deputy Administrator and Director of Center for Medicare
Defendant
Representation
Joel L. McElvain
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Julie Straus Harris
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Jonathan D Kossak
(See above for address)
ATTORNEY TO BE NOTICED
Michael Drezner
(See above for address)
ATTORNEY TO BE NOTICED

 Defendant
Daniel Tsai
in his official capacity as Deputy Administrator and Director of Center for Medicaid and CHIP Services
Defendant
Representation
Joel L. McElvain
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Julie Straus Harris
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Jonathan D Kossak
(See above for address)
ATTORNEY TO BE NOTICED
Michael Drezner
(See above for address)
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
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

Docket Entries

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Numbers shown are court assigned numbers.

EntryFiledPDFDescription
1Nov 10, 2021ViewCOMPLAINT 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, 2021Case 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)
2Nov 10, 2021RequestPursuant 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)
3Nov 12, 2021ViewAFFIDAVIT OF SERVICE OF PROCESS by Plaintiff Missouri, State of. (Osete, Jesus) (Entered: 11/12/2021)
4Nov 12, 2021RequestENTRY of Appearance by Madison McMillian Green for Plaintiff Missouri, State of. (Green, Madison) (Entered: 11/12/2021)
5Nov 12, 2021ViewCJRA 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)
6Nov 12, 2021ViewMOTION 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)
7Nov 12, 2021ViewMOTION 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)
8Nov 12, 2021RequestMOTION 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)
9Nov 12, 2021ViewMEMORANDUM 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)
10Nov 15, 2021RequestAFFIDAVIT 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)
11Nov 15, 2021RequestENTRY of Appearance by Samuel Paul Langholz for Plaintiff Iowa, State of. (Langholz, Samuel) (Entered: 11/15/2021)
12Nov 16, 2021RequestENTRY of Appearance by Kurtis K. Wiard for Plaintiff Kansas, State of. (Wiard, Kurtis) (Entered: 11/16/2021)
13Nov 16, 2021RequestENTRY 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)
14Nov 16, 2021RequestENTRY 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)
15Nov 16, 2021ViewMEMORANDUM 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)
16Nov 17, 2021ViewRESPONSE 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)
17Nov 17, 2021RequestENTRY 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)
18Nov 17, 2021RequestELECTRONIC 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)
19Nov 17, 2021ViewORDER: 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)
20Nov 21, 2021ViewConsent 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)
21Nov 21, 2021RequestENTRY 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)
22Nov 22, 2021RequestENTRY 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)
23Nov 22, 2021ViewRESPONSE 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)
24Nov 22, 2021RequestENTRY 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)
25Nov 23, 2021RequestDocket 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)
26Nov 23, 2021RequestBRIEF 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)
27Nov 23, 2021ViewREPLY 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)
28Nov 29, 2021ViewMEMORANDUM 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)
29Nov 30, 2021ViewNOTICE 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)
30Nov 30, 2021ViewMOTION 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)
31Nov 30, 2021ViewMEMORANDUM 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)
32Nov 30, 2021RequestInitial 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)
33Nov 30, 2021ViewBriefing 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)
34Nov 30, 2021ViewNOTIFICATION 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)
35Dec 1, 2021ViewMEMORANDUM 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)
36Dec 2, 2021ViewORDER 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)
37Dec 13, 2021RequestORDER 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)
38Dec 13, 2021RequestORDER (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)
39Dec 22, 2021ViewConsent 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)
40Dec 22, 2021ViewMEMORANDUM 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)
41Jan 13, 2022RequestOPINION from Supreme Court re 29 Notice of Appeal, : USCA Appeal #: 21-3725. (KCD) (Entered: 01/13/2022)
42Feb 23, 2022View[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)
43Feb 23, 2022ViewMOTION 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)
44Feb 23, 2022ViewMEMORANDUM 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)
45Feb 23, 2022ViewMOTION 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)
46Feb 24, 2022RequestENTRY of Appearance by Dylan L. Jacobs for Plaintiff Arkansas, State of. (Jacobs, Dylan) (Entered: 02/24/2022)
47Mar 9, 2022ViewMEMORANDUM 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)
48Mar 9, 2022RequestUnopposed 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)
49Mar 10, 2022RequestDocket 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)
50Mar 21, 2022RequestREPLY 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)
51Mar 23, 2022ViewMEMORANDUM 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)
52Apr 11, 2022ViewORDER 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)
53Apr 11, 2022ViewUSCA 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)
54Apr 11, 2022ViewMANDATE 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)
55Apr 19, 2022RequestNOTICE Substitution of Counsel: by Interested Party Reliant Care Management Company, L.L.C. (Lillis, Stephen) (Entered: 04/19/2022)
56Apr 28, 2022RequestUnopposed 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)
57Apr 29, 2022RequestORDER: 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)
58May 5, 2022RequestMOTION 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)
59May 6, 2022RequestDocket 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)
60May 20, 2022ViewLETTER 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)
61May 26, 2022RequestUnopposed 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)
62May 27, 2022RequestORDER: 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)

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