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 | |||
| Jesus Armando Osete, ATTORNEY GENERAL OF MISSOURI-Jefferson City 207 W. High St. P.O. Box 899 Jefferson City, MO 65102 (573) 751-1800 jesus.osete@ago.mo.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED | Dean John Sauer OFFICE OF THE ATTORNEY GENERAL OF MISSOURI-Jefferson City 207 W. High St. P.O. Box 899 Jefferson City, MO 65102-0899 (573) 751-8807 john.sauer@ago.mo.gov ATTORNEY TO BE NOTICED | James A. Campbell, ATTORNEY GENERAL OF NEBRASKA 2115 State Capitol Building Lincoln, NE 68509 (402) 471-2682 jim.campbell@nebraska.gov ATTORNEY TO BE NOTICED | |
| 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 |
Kansas, State of
Plaintiff
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| Representation | |||
| Jesus Armando Osete (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED | 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 | |||
| Plaintiff |
Iowa, State of
Plaintiff
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| Representation | |||
| Jesus Armando Osete (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED | 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 | |||
| 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 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 RELIANT CARE MANAGEMENT COMPANY LLC 1869 Craig Park Court St. Louis, MO 63146 (314) 682-5368 jkinser@reliantcaremgmt.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 | Request | 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) |