S.D.W. Va. 3:20-cv-00740 Docket
Fain v. Crouch
No. 3:20-cv-00740, Case History (under construction)
Court: Southern District of West Virginia (Huntington)
Assigned to: Judge Robert C. Chambers
Referred to: Magistrate Judge Cheryl A. Eifert
| Date Filed | # | Docket Text |
| 11/12/2020 | 1 | COMPLAINT. Filing Fee $400.00. Receipt # AWVSDC-7798809. (Attachments: # 1 Proposed Summons, # 2 Proposed Summons, # 3 Proposed Summons, # 4 Proposed Summons, # 5 Proposed Summons, # 6 Civil Cover Sheet) (hkl) |
| 11/12/2020 | 2 | STANDING ORDER IN RE: ASSIGNMENT AND REFERRAL OF CIVIL ACTIONS AND MATTERS TO MAGISTRATE JUDGES ENTERED JANUARY 4, 2016. Discovery referred to Magistrate Judge Eifert. (cc: attys; any unrepresented party) (hkl) |
| 11/12/2020 | 3 | ELECTRONIC SUMMONS ISSUED as to William Crouch, Cynthia Beane, West Virginia Department of Health and Humane Resources, Bureau for Medical Services, Ted Cheatham, The Health Plan of West Virginia, Inc., re: 1 Complaint. Summons returnable 21 days. Instructions to Counsel: This is your electronic summons. Please print as many copies of the Summons and Complaint as are necessary to effectuate service under Fed. R. Civ. P. 4. See Proof of Service page of this Summons form for filing a return of service if required by Fed. R. Civ. P. 4(l). (Attachments: # 1 Summons for Cynthia Beane, # 2 Summons for DHHR, Bureau for Medical Services, # 3 Summons for Ted Cheatham, # 4 Summons for The Health Plan of West Virginia, Inc.) (hkl) |
| 11/12/2020 | CASE assigned to Judge Robert C. Chambers. (klc) (Entered: 11/13/2020) | |
| 11/16/2020 | 4 | STATEMENT OF VISITING ATTORNEY from Nora Huppert on behalf of Zachary Martell, Christopher Fain, Brian McNemar. Local counsel: Walt Auvil. Fee $50.00. Receipt # AWVSDC-7802438. (Auvil, Walt) |
| 11/16/2020 | 5 | STATEMENT OF VISITING ATTORNEY from Avatara Smith-Carrington on behalf of Zachary Martell, Christopher Fain, Brian McNemar. Local counsel: Walt Auvil. Fee $50.00. Receipt # AWVSDC-7802483. (Auvil, Walt) |
| 11/16/2020 | 6 | STATEMENT OF VISITING ATTORNEY from Nicole J. Schladt on behalf of Zachary Martell, Christopher Fain, Brian McNemar. Local counsel: Walt Auvil. Fee $50.00. Receipt # AWVSDC-7802487. (Auvil, Walt) |
| 11/16/2020 | 7 | STATEMENT OF VISITING ATTORNEY from Anna P. Prakash on behalf of Zachary Martell, Christopher Fain, Brian McNemar. Local counsel: Walt Auvil. Fee $50.00. Receipt # AWVSDC-7802496. (Auvil, Walt) |
| 11/16/2020 | 8 | STATEMENT OF VISITING ATTORNEY from Tara L. Borelli on behalf of Zachary Martell, Christopher Fain, Brian McNemar. Local counsel: Walt Auvil. Fee $50.00. Receipt # AWVSDC-7802498. (Auvil, Walt) |
| 11/16/2020 | 9 | STATEMENT OF VISITING ATTORNEY from Sasha J. Buchert on behalf of Zachary Martell, Christopher Fain, Brian McNemar. Local counsel: Walt Auvil. Fee $50.00. Receipt # AWVSDC-7802501. (Auvil, Walt) |
| 11/24/2020 | 10 | SUMMONS RETURNED EXECUTED for William Crouch, William Crouch served on 11/18/2020, answer due 12/9/2020. Summons served on April Robertson.(Auvil, Walt) (Modified on 11/24/2020 to add the name of the person served and the summons as an attachment) (mkw). (Additional attachment added on 11/24/2020: # 1 Summons) (mkw). |
| 11/24/2020 | 11 | SUMMONS RETURNED EXECUTED for Cynthia Beane, Cynthia Beane served on 11/18/2020, answer due 12/9/2020. Summons served on April Robertson. (Auvil, Walt) (Modified on 11/24/2020 to add the name of the person served and to add a copy of the summons as an attachment) (mkw). (Additional attachment) added on 11/24/2020: # 1 Summons) (mkw). |
| 11/24/2020 | 12 | SUMMONS RETURNED EXECUTED for Ted Cheatham, Ted Cheatham served on 11/18/2020, answer due 12/9/2020. Summons served on Thomas Miller. (Auvil, Walt) (Modified on 11/24/2020 to add the name of the person served and a copy of the summons as an attachment) (mkw). (Additional attachment added on 11/24/2020: # 1 Summons) (mkw). |
| 11/24/2020 | 13 | SUMMONS RETURNED EXECUTED for West Virginia Department of Health and Human Resources, Bureau for Medical Services, West Virginia Department of Health and Humane Resources, Bureau for Medical Services served on 11/18/2020, answer due 12/9/2020. Summons served on April Robertson.(Auvil, Walt) Modified on 11/24/2020 to add the name of the person served and a copy of the summons as an attachment) (mkw). (Additional attachment added on 11/24/2020: # 1 Summons) (mkw). |
| 11/30/2020 | 14 | SUMMONS ACCEPTED FOR SERVICE BY SECRETARY OF STATE on 11/20/2020 as to The Health Plan of West Virginia, Inc.. Certified Mail Number: 92148901125134100002961036. (jsa) |
| 12/01/2020 | 15 | NOTICE OF ATTORNEY APPEARANCE by Eric Salyers on behalf of Ted Cheatham. (Salyers, Eric) |
| 12/02/2020 | 16 | STIPULATION REGARDING ANSWER DEADLINE by Ted Cheatham, Christopher Fain, Zachary Martell, Brian McNemar, re: 1 Complaint; the parties stipulate and agree that the Answer or response to the Complaint has been extended to January 11, 2021 to Respond to Complaint. (Salyers, Eric) (Modified on 12/3/2020 to add party filers and to add link to #1 complaint) (mkw). |
| 12/07/2020 | 17 | NOTICE OF APPEARANCE by Stuart A. McMillan and Aaron C. Boone on behalf of The Health Plan of West Virginia, Inc. and STIPULATION FOR EXTENSION OF TIME TO RESPOND TO PLAINTIFFS’ COMPLAINT by The Health Plan of West Virginia, Inc., Christopher Fain, Zachary Martell, Brian McNemar; the parties stipulate and agree that Defendant The Health Plan of West Virginia, Inc. may respond to Plaintiffs’ 1 Complaint by 1/11/2021. (McMillan, Stuart) (Modified on 12/7/2020 to add party filers and to add link to #1 complaint) (mkw). |
| 12/07/2020 | 18 | ENTRY REMOVED; DUPLICATE ENTRY. (McMillan, Stuart) (Modified on 12/7/2020 to remove duplicate entry). (mkw). |
| 12/07/2020 | NOTICE OF DOCKET CORRECTION re: 18 NOTICE OF APPEARANCE AND STIPULATION FOR EXTENSION OF TIME TO RESPOND TO PLAINTIFFS’ COMPLAINT. Error: Entry is a duplicate entry of docket entry #17; Correction: Removed duplicate entry. (mkw) | |
| 12/07/2020 | RESET DEADLINE: The Health Plan of West Virginia, Inc. answer due 1/11/2021. (mkw) | |
| 12/09/2020 | 19 | STIPULATION EXTENDING TIME FOR DHHR DEFENDANTS TO ANSWER THE COMPLAINT by Christopher Fain, Zachary Martell, Brian McNemar, Cynthia Beane, William Crouch, West Virginia Department of Health and Human Resources, Bureau for Medical Services; re: 1 Complaint; by agreement, the responsive pleading will be due on 1/11/2021. (Cyrus, Lou) (Modified on 12/9/2020 to add party filers and add link to #1 complaint) (mkw). |
| 12/09/2020 | RESET DEADLINE: Cynthia Beane, William Crouch, West Virginia Department of Health and Human Resources, Bureau for Medical Services answers due 1/11/2021. (mkw) | |
| 01/11/2021 | 20 | MOTION by The Health Plan of West Virginia, Inc. to Dismiss With Prejudice, re: 1 Complaint. (McMillan, Stuart) (Modified on 1/11/2021 to add link to #1 complaint) (mkw). |
| 01/11/2021 | 21 | MEMORANDUM by The Health Plan of West Virginia, Inc. in support of 20 MOTION by The Health Plan of West Virginia, Inc. to Dismiss With Prejudice, re: 1 Complaint. (McMillan, Stuart) (Modified on 1/11/2021 to add link to #1 complaint) (mkw). |
| 01/11/2021 | 22 | MOTION by Ted Cheatham to Dismiss With Prejudice, re: 1 Complaint. (Attachment: # 1 Exhibit A)(Oxley, Perry) |
| 01/11/2021 | 23 | MOTION by Cynthia Beane, William Crouch, West Virginia Department of Health and Human Resources, Bureau for Medical Services for Partial Dismissal, re: 1 Class Action Complaint. (Cyrus, Lou) (Modified on 1/11/2021 to add link to #1 complaint) (mkw). |
| 01/11/2021 | 24 | MEMORANDUM OF LAW by Ted Cheatham in support of 22 MOTION by Ted Cheatham to Dismiss With Prejudice re: 1 Complaint. (Oxley, Perry) |
| 01/11/2021 | 25 | MEMORANDUM OF LAW by Cynthia Beane, William Crouch, West Virginia Department of Health and Human Resources, Bureau for Medical Services in support of 23 MOTION by Cynthia Beane, William Crouch, West Virginia Department of Health and Human Resources, Bureau for Medical Services for Partial Dismissal, re: 1 Class Action Complaint. (Cyrus, Lou) (Modified on 1/11/2021 to add link to #1 complaint) (mkw). |
| 01/11/2021 | 26 | ANSWER TO 1 Complaint by Cynthia Beane, William Crouch, West Virginia Department of Health and Human Resources, Bureau for Medical Services; Jury demand. (Cyrus, Lou) |
| 01/13/2021 | 27 | ORDER AND NOTICE: Rule 12(b) Motions 2/2/2021. Rule 26(f) Meeting 2/16/2021. Last day to file report of Rule 26(f) Meeting 2/22/2021. Scheduling/status Conference at 11:30 AM on 3/8/2021 in Huntington. Entry of Scheduling Order 3/15/2021. Last Day to make Rule 26(a)(1) disclosures 3/22/2021. Signed by Judge Robert C. Chambers on 1/13/2021. (cc: counsel of record; any unrepresented parties) (hkl) |
| 01/20/2021 | 28 | STATEMENT OF VISITING ATTORNEY from Carl S. Charles on behalf of Christopher Fain.. Fee $50.00. Receipt # AWVSDC-7857503. (Auvil, Walt) |
| 01/20/2021 | 29 | CONSENT MOTION by Christopher Fain, Zachary Martell, Brian McNemar to Extend Time for Response to Defendants’ 20 , 22 , and 23 Motions to Dismiss to 02/15/2021. (Auvil, Walt) (Modified on 1/20/2021 to add party filers and to add link to #20, #22 and #23 motions) (mkw). |
| 01/22/2021 | 30 | ORDER granting Plaintiffs’ 29 CONSENT MOTION to Extend Time for Response to Defendants’ 20 , 22 , 23 Motions to Dismiss; extending Plaintiffs’ time to respond by an additional 21 days. Signed by Judge Robert C. Chambers on 1/22/2021. (cc: counsel of record; any unrepresented parties) (hkl) |
| 02/02/2021 | 31 | DISCLOSURE STATEMENT PURSUANT TO RULE 7.1, Federal Rules of Civil Procedure, by Defendant The Health Plan of West Virginia, Inc. (McMillan, Stuart) |
| 02/02/2021 | 32 | MOTION by Cynthia Beane, William Crouch, West Virginia Department of Health and Human Resources, Bureau for Medical Services to Dismiss With Prejudice, re: 1 Complaint. (Attachments: # 1 Exhibit A, Affidavit of Angela Wowczuk with Fax Redacted, # 2 Exhibit B, Affidavit of Brian Thompson, # 3 Exhibit C, Affidavit of Unicare)(Cyrus, Lou) (Modified on 2/2/2021 to add link to #1 complaint) (mkw). |
| 02/02/2021 | 33 | MEMORANDUM OF LAW by Cynthia Beane, William Crouch, West Virginia Department of Health and Human Resources, Bureau for Medical Services in support of 32 MOTION by Cynthia Beane, William Crouch, West Virginia Department of Health and Human Resources, Bureau for Medical Services to Dismiss With Prejudice. (Cyrus, Lou) |
| 02/10/2021 | 34 | CONSENT MOTION by Christopher Fain, Zachary Martell, Brian McNemar to Extend Time and File Combined Brief for Response to 32 Motion to Dismiss Filed by Defendants Crouch, Beane, and West Virginia Department of Health and Human Resources to 03/02/21. (Auvil, Walt) (Modified on 2/10/2021 to add link to #32 motion) (mkw). |
| 02/11/2021 | 35 | ORDER granting Plaintiffs’ 34 CONSENT MOTION to Extend Time and File Combined Brief for Response to Motions to Dismiss Filed by Defendants Crouch, Beane, and West Virginia Department of Health and Human Resources; Plaintiffs’ collective response in opposition to the 23 and 32 MOTIONS is due on 3/2/2021, and shall total not more than 40 pages in length. Signed by Judge Robert C. Chambers on 2/11/2021. (cc: counsel of record; any unrepresented parties) (jsa) |
| 02/15/2021 | 36 | JOINT MOTION by Brian Mcnemar, Zachary Martell, Ted Cheatham, to Dismiss Without Prejudice Affordable Care Act Claim against Defendant Ted Cheatham, re: 1 Complaint. (Auvil, Walt) (Modified on 2/15/2021 to remove party filer and add correct party filers and to add link to #1 complaint) ) (mkw). |
| 02/15/2021 | 37 | PROPOSED ORDER ORDER DISMISSING AFFORDABLE CARE ACT CLAIM AGAINST DEFENDANT TED CHEATHAM by Brian McNemar, Zachary Martell, Ted Cheatham (Auvil, Walt) (Modified on 2/15/2021 to remove party filer and to add correct party filers) (mkw). |
| 02/15/2021 | 38 | AMENDED MOTION by Brian McNemar, Zachary Martell, Ted Cheatham to Amend 36JOINT MOTION by Brian Mcnemar, Zachary Martell, Ted Cheatham, to Dismiss Without Prejudice Affordable Care Act Claim against Defendant Ted Cheatham, re: 1 Complaint and 37 Proposed Order Dismissing Affordable Care Act Claim Against Defendant Ted Cheatham. (Attachments: # 1 Proposed Order Amended Proposed Order Dismissing Affordable Care Act Claim Against Ted Cheatham with Prejudice)(Auvil, Walt) (Modified on 2/15/2021 to remove party filer and add correct party filers) (mkw). |
| 02/16/2021 | 39 | RESPONSE by Christopher Fain, Zachary Martell, Brian McNemar in opposition to 20 MOTION by The Health Plan of West Virginia, Inc. to Dismiss With Prejudice, re: 1 Complaint. (Auvil, Walt) (Modified on 2/16/2021 to remove link to #21 memorandum) (mkw). |
| 02/16/2021 | 40 | OPPOSITION by Christopher Fain, Zachary Martell, Brian McNemar to 22 MOTION by Ted Cheatham to Dismiss With Prejudice, re: 1 Complaint. (Auvil, Walt) (Modified on 2/16/2021 to remove link to #24 memorandum) (mkw). |
| 02/17/2021 | 41 | ORDER granting the parties’ 38 AMENDED JOINT MOTION to Dismiss Plaintiffs’ Affordable Health Care Act Claim against Ted Cheatham; denying as moot the parties’ original 36 JOINT MOTION to Dismiss; the claim by Plaintiffs Brian McNemar and Zachary Martell against Defendant Ted Cheatham in Count II of the Complaint is DISMISSED WITH PREJUDICE. Signed by Judge Robert C. Chambers on 2/17/2021. (cc: counsel of record; any unrepresented parties) (jsa) |
| 02/18/2021 | 42 | JOINT MOTION by Christopher Fain, Brian McNemar, Zachary Martell, The Health Plan of West Virginia, Inc., Ted Cheatham, William Crouch, Cynthia Beane, West Virginia Department of Health and Human Resources, Bureau for Medical Services for Extension of Deadlines to Conduct Rule 26(F) Meeting and File Rule 26(F) Report. (Auvil, Walt) (Modified on 2/18/2021 to add party filers) (mkw). |
| 02/18/2021 | 43 | ORDER granting the parties’ 42 JOINT MOTION for Extension of Deadlines to Conduct Rule 26(f) Meeting and File Rule 26(f) Report; directing that the Rule 26(f) meeting be completed within 14 days of the resolution of the pending motions to dismiss and that the Rule 26(f) report be filed within 30 days of the resolution of the pending motions to dismiss. Signed by Judge Robert C. Chambers on 2/18/2021. (cc: counsel of record; any unrepresented parties) (hkl) |
| 02/23/2021 | 44 | CERTIFICATE OF SERVICE by Christopher Fain, Zachary Martell, Brian McNemar for Rule 26(a)(1) Initial Disclosures. (Auvil, Walt) (Modified on 2/23/2021 to add party filers) (mkw). |
| 02/23/2021 | 45 | REPLY by The Health Plan of West Virginia, Inc. to 39 Response In Opposition. (McMillan, Stuart) |
| 02/23/2021 | 46 | CERTIFICATE OF SERVICE by The Health Plan of West Virginia, Inc. for Rule 26(a)(1) Initial Disclosures. (McMillan, Stuart) |
| 02/23/2021 | 47 | CERTIFICATE OF SERVICE by Cynthia Beane, William Crouch, West Virginia Department of Health and Human Resources, Bureau for Medical Services for Rule 26(a)(1) Initial Disclosures. (Bandy, Kimberly) |
| 02/23/2021 | 48 | REPLY by Ted Cheatham to Plaintiffs’ 40 Opposition. (Oxley, Perry) |
| 02/23/2021 | 49 | CERTIFICATE OF SERVICE by Ted Cheatham for Rule 26(a)(1) Initial Disclosures. (Oxley, Perry) |
| 03/02/2021 | 50 | COMBINED OPPOSITION by Christopher Fain to 23 MOTION by Cynthia Beane, William Crouch, West Virginia Department of Health and Human Resources, Bureau for Medical Services for Partial Dismissal, re: 1 Class Action Complaint and 32 MOTION by Cynthia Beane, William Crouch, West Virginia Department of Health and Human Resources, Bureau for Medical Services to Dismiss With Prejudice, re: 1 Complaint. (Auvil, Walt) |
| 03/05/2021 | 51 | CONSENT MOTION by Cynthia Beane, William Crouch, West Virginia Department of Health and Human Resources, Bureau for Medical Services to Extend Time to File Reply to Plaintiff’s 50 Combined Opposition to March 19, 2021. (Bandy, Kimberly) |
| 03/08/2021 | 52 | ORDER granting Defendants’ 51 CONSENT MOTION to Extend Time to File Reply in Support of Motions Dismiss; extending the reply memorandum due date to 3/19/2021. Signed by Judge Robert C. Chambers on 3/8/2021. (cc: counsel of record; any unrepresented parties) (hkl) |
| 03/19/2021 | 53 | JOINT MOTION by Christopher Fain, Zachary Martell, Brian McNemar, Cynthia Beane, William Crouch, West Virginia Department of Health and Human Resources, Bureau for Medical Services for Extension of Deadline to File a Reply Brief as to 50 Combined Opposition by Christopher Fain to March 26, 2021. (Bandy, Kimberly) (Modified on 3/19/2021 to add party filers) (mkw). |
| 03/19/2021 | 54 | ORDER granting Defendants William Crouch, Cynthia Beane, and West Virginia Department of Health and Human Resources, Bureau for Medical Services’ 53 JOINT MOTION to Extend Time to File Reply in Support of 23 and 32 MOTIONS to Dismiss; extending the reply memorandum due date to 3/26/2021. Signed by Judge Robert C. Chambers on 3/19/2021. (cc: counsel of record; any unrepresented parties) (jsa) |
| 03/26/2021 | 55 | REPLY by Cynthia Beane, William Crouch, West Virginia Department of Health and Human Resources, Bureau for Medical Services to Christopher Fain’s 50 Combined Opposition. (Bandy, Kimberly) |
| 04/05/2021 | 56 | UNOPPOSED MOTION by Christopher Fain, Zachary Martell, Brian McNemar for Leave to File Sur-Reply in Opposition to Defendants’ 32 Motion to Dismiss. (Attachments: # 1 Exhibit A to Motion to File Sur-Reply in Opposition to Defendant’s Motion to Dismiss)(Auvil, Walt) (Modified on 4/5/2021 to add party filers) (mkw). (Modified on 4/5/2021 to add link to #32 motion) (mkw). |
| 05/19/2021 | 57 | MEMORANDUM OPINION AND ORDER denying22 MOTION by Ted Cheatham to Dismiss With Prejudice, re:1 Complaint; denying23 MOTION by Cynthia Beane, William Crouch, West Virginia Department of Health and Human Resources, Bureau for Medical Services for Partial Dismissal, re:1 Class Action Complaint; denying32 MOTION by Cynthia Beane, William Crouch, West Virginia Department of Health and Human Resources, Bureau for Medical Services to Dismiss With Prejudice, re: 1 Complaint; granting56 UNOPPOSED MOTION by Christopher Fain, Zachary Martell, Brian McNemar for Leave to File Sur-Reply in Opposition to Defendants’32 Motion to Dismiss. Signed by Judge Robert C. Chambers on 5/19/2021. (cc: attys; any unrepresented party) (mkw) |
| 05/19/2021 | 58 | UNOPPOSED MOTION by Christopher Fain, Zachary Martell, Brian McNemar for Leave to File Sur-Reply in Opposition to Defendants’32 Motion to Dismiss and Exhibit A attached. (Auvil, Walt) (Modified on 5/19/2021 to add party filers) (mkw) |
| 05/20/2021 | 59 | ORDER denying as moot the second 58 UNOPPOSED MOTION by Christopher Fain, Zachary Martell, Brian McNemar for Leave to File Sur-Reply; directing Plaintiffs to file the signed Sur-Reply. Signed by Judge Robert C. Chambers on 5/20/2021. (cc: attys; any unrepresented parties) (mkw) |
| 05/25/2021 | 60 | SUR-REPLY by Christopher Fain, Zachary Martell, Brian McNemar in opposition to Defendants’ 32 Motion to Dismiss. (Auvil, Walt) (Modified on 5/25/2021 to remove link to #56 motion and to add party filers) (mkw). |
| 06/02/2021 | 61 | STIPULATION REGARDING ANSWER DEADLINE by Ted Cheatham, Christopher Fain, Zachary Martell, Brian McNemar; the parties stipulate and agree the new deadline to Answer the 1 Complaint for Defendant Ted Cheatham, in his official capacity as Director of the West Virginia Public Employees Insurance Agency is now 6/16/2021. (Salyers, Eric) (Modified on 6/2/2021 to add party filers and to add link to #1 complaint) (mkw). |
| 06/02/2021 | RESET DEADLINE: Ted Cheatham answer due 6/16/2021 pursuant to the 61 Stipulation. (mkw) | |
| 06/17/2021 | 62 | ANSWER to 1 Complaint by Ted Cheatham; Jury demand. (Oxley, Perry) |
| 06/28/2021 | 63 | MEMORANDUM OPINION AND ORDER denying Defendant The Health Plan of West Virginia’s 20 MOTION to Dismiss. Signed by Judge Robert C. Chambers on 6/28/2021. (cc: counsel of record; any unrepresented parties) (jsa) |
| 07/02/2021 | 64 | NOTICE OF CHANGE OF ATTORNEY INFORMATION by Tara L. Borelli (Borelli, Tara). (Modified on 7/2/2021 to convert event to Notice of Change of Attorney Information) (mk). |
| 07/09/2021 | 65 | CERTIFICATE OF SERVICE by Christopher Fain, Zachary Martell, Brian McNemar for Plaintiffs’ First Set of Interrogatories, Request for Admissions, Request for Production of Documents and Things to Defendants William Crouch, Cynthia Beane, and West Virginia Department of Health and Human Resources, Bureau for Medical Services. (Auvil, Walt) |
| 07/09/2021 | 66 | CERTIFICATE OF SERVICE by Christopher Fain, Zachary Martell, Brian McNemar for Plaintiffs’ First Set of Interrogatories, Request for Admissions, Request for Production of Documents and Things to Defendant The Health Plan of West Virginia. (Auvil, Walt) |
| 07/09/2021 | 67 | CERTIFICATE OF SERVICE by Christopher Fain, Zachary Martell, Brian McNemar for Plaintiffs’ First Set of Interrogatories, Request for Admissions, Request for Production of Documents and Things to Defendant Ted Cheatham. (Auvil, Walt) |
| 07/12/2021 | 68 | STIPULATION REGARDING ANSWER DATE FOR DEFENDANT THE HEALTH PLAN OF WEST VIRGINIA, INC. by Christopher Fain, Zachary Martell, Brian McNemar, The Health Plan of West Virginia, Inc.; said parties stipulate that the date by which said Defendant must answer the 1 Complaint is hereby extended to, and including, 7/23/2021. (Boone, Aaron) (Modified on 7/12/2021 to add party filers) (mkw). |
| 07/12/2021 | RESET DEADLINE: The Health Plan of West Virginia, Inc. answer due 7/23/2021. (mkw) | |
| 07/21/2021 | 69 | AMENDED CERTIFICATE OF SERVICE by Christopher Fain, Zachary Martell, Brian McNemar for Plaintiff’s First Set of Request for Admissions, Requests for Production of Documents and Things, and Interrogatories to Defendant Ted Cheatham. (Auvil, Walt) |
| 07/21/2021 | 70 | AMENDED CERTIFICATE OF SERVICE by Christopher Fain, Zachary Martell, Brian McNemar for Plaintiff’s First Set of Request for Admissions, Requests for Production of Documents and Things, and Interrogatories to Defendant The Health Plan of WV. (Auvil, Walt) |
| 07/21/2021 | 71 | AMENDED CERTIFICATE OF SERVICE by Christopher Fain, Zachary Martell, Brian McNemar for Plaintiff’s First Set of Requests for Admissions, Requests for Production of Documents and Things, and Interrogatories to Defendant W. Crouch, C. Beane and WVDHH – WV Medicaid. (Auvil, Walt) |
| 07/23/2021 | 72 | STIPULATION REGARDING ANSWER DATE FOR DEFENDANT THE HEALTH PLAN OF WEST VIRGINIA, INC. re: 1 Complaint to 7/30/2021 by The Health Plan of West Virginia, Inc., Christopher Fain, Zachary Martell, Brian McNemar. (Boone, Aaron) (Modified on 7/23/2021 to add party filers) (kew). |
| 07/28/2021 | 73 | RULE 26(f) REPORT OF PLANNING MEETING by Christopher Fain, Zachary Martell, Brian McNemar, Cynthia Beane, Ted Cheatham, William Crouch, The Health Plan of West Virginia, Inc., West Virginia Department of health and Human Resources, Bureau for Medical Services. (Auvil, Walt) (Modified on 7/28/2021 to add party filers) (mkw). |
| 07/30/2021 | 74 | ANSWER to 1 Complaint by The Health Plan of West Virginia, Inc.; Jury demand. (Boone, Aaron) |
| 08/06/2021 | 75 | SCHEDULING ORDER: Joinder of Parties, amended pleadings due by 10/8/2021. Discovery requests to be completed by 10/18/2021. Fact discovery shall be completed by 12/1/2021. The expert discovery deadline is 4/29/2022. The last date on which to take a discovery deposition is 45 days after the last date to serve discovery requests. Expert Witness List by parties bearing the burden of proof due by 1/14/2022, by party not bearing burden of proof due by 2/15/2022, and to solely contradict or rebut evidence due by 3/15/2022. Settlement Meeting by 12/15/2021; scheduling a conference for 5/16/2022 at 11:00 a.m. in Huntington to determine the need for Fed. R. Civ. P. 26(a)(3) disclosures and the balance of the schedule. Signed by Judge Robert C. Chambers on 8/6/2021. (cc: counsel of record; any unrepresented parties) (jsa) |
| 08/13/2021 | 76 | STIPULATION FOR EXTENSION OF CASE DEADLINES by Christopher Fain, Zachary Martell, Brian McNemar, William Crouch, Cynthia Beane, West Virginia Department of Health and Human Resources, Bureau for Medical Services, Ted Cheatham, The Health Plan of West Virginia, Inc.; the parties stipulate that the deadline to file: 1. An agreed upon ESI Protocol; 2. An agreed upon format for production; 3. An agreed upon Protective Order; 4. An Order Governing the Inadvertent Disclosure of Documents or Other Material; and 5. An Order Setting Deposition Protocol is extended to, and including, 8/20/2021. (Auvil, Walt) (Modified on 8/13/2021 to add party filers) (mkw). |
| 08/20/2021 | 77 | MOTION by Christopher Fain, Zachary Martell, Brian McNemar for Entry of a Partial ESI Protocol, Protective Order, Deposition Protocol Order, 502(D) Clawback Order, and Order Regarding Virtual Depositions. (Attachments: # 1 Declaration, # 2 Proposed Order, # 3 Exhibit 1, # 4 Exhibit 2-Proposed Protective Order, # 5 Exhibit 3-Proposed Order Setting Deposition Protocol, # 6 Exhibit 4-Proposed Agreed Order Governing the Inadvertent Disclosure of Documents, # 7 Exhibit 5-Stipulation for Virtual Depositions)(Auvil, Walt) |
| 08/20/2021 | 78 | RESPONSE by Cynthia Beane, William Crouch, West Virginia Department of Health and Human Resources, Bureau for Medical Services in opposition to 77 MOTION by Christopher Fain, Zachary Martell, Brian McNemar for Entry of a Partial ESI Protocol, Protective Order, Deposition Protocol Order, 502(D) Clawback Order, and Order Regarding Virtual Depositions (Bandy, Kimberly) |
| 08/20/2021 | MOTION REFERRED to Magistrate Judge Cheryl A. Eifert: 77 MOTION by Christopher Fain, Zachary Martell, Brian McNemar for Entry of a Partial ESI Protocol, Protective Order, Deposition Protocol Order, 502(D) Clawback Order, and Order Regarding Virtual Depositions. (mk) (Entered: 08/22/2021) | |
| 08/23/2021 | 79 | CERTIFICATE OF SERVICE by Ted Cheatham for Defendant Ted Cheatham’s Responses to Plaintiff’s First Set of Interrogatories. (Oxley, Perry) |
| 08/23/2021 | 80 | CERTIFICATE OF SERVICE by Ted Cheatham for Defendant Ted Cheatham’s Responses to Plaintiff’s First Set of Requests for Admissions. (Oxley, Perry) |
| 08/23/2021 | 81 | CERTIFICATE OF SERVICE by Ted Cheatham for Defendant Ted Cheatham’s Responses to Plaintiff’s First Set of Requests for Production of Documents. (Oxley, Perry) |
| 08/24/2021 | 82 | CERTIFICATE OF SERVICE by The Health Plan of West Virginia, Inc. for Answers to Plaintiffs’ First Set of Interrogatories. (Boone, Aaron) |
| 08/24/2021 | 83 | CERTIFICATE OF SERVICE by The Health Plan of West Virginia, Inc. for Responses to Plaintiffs’ First Set of Requests for Production. (Boone, Aaron) |
| 08/24/2021 | 84 | CERTIFICATE OF SERVICE by The Health Plan of West Virginia, Inc. for Answers to Plaintiffs’ First Set of Requests for Admissions. (Boone, Aaron) |
| 08/26/2021 | 85 | REPLY by Christopher Fain, Zachary Martell, Brian McNemar to 78 Response In Opposition. (Auvil, Walt) |
| 08/27/2021 | 86 | CERTIFICATE OF SERVICE by Cynthia Beane, William Crouch, West Virginia Department of Health and Human Resources, Bureau for Medical Services for Responses to Plaintiff’s First Set of Interrogatories. (Cyrus, Lou) |
| 08/27/2021 | 87 | CERTIFICATE OF SERVICE by Cynthia Beane, William Crouch, West Virginia Department of Health and Human Resources, Bureau for Medical Services for Responses to Plaintiff’s First Requests for Production. (Cyrus, Lou) |
| 08/27/2021 | 88 | CERTIFICATE OF SERVICE by Cynthia Beane, William Crouch, West Virginia Department of Health and Human Resources, Bureau for Medical Services for Responses to Plaintiff’s First Set of Requests for Admission. (Bandy, Kimberly) |
| 08/30/2021 | 89 | STIPULATION FOR VIRTUAL DEPOSITIONS by Christopher Fain, Zachary Martell, Brian McNemar, William Crouch, Cynthia Beane, West Virginia Department of Health and Human Resources, Bureau for Medical Services, Ted Cheatham, and The Health Plan of West Virginia, Inc.; the parties stipulate and agree to the following parameters to govern all virtual depositions, as more fully set forth herein. (hkl) (Modified on 8/30/2021 to add party filers) (mkw). |
| 08/30/2021 | 90 | PROTECTIVE ORDER setting forth the terms for the handling of confidential documents. Signed by Magistrate Judge Cheryl A. Eifert on 8/30/2021. (cc: counsel of record; any unrepresented party) (hkl) |
| 08/30/2021 | 91 | AGREED ORDER GOVERNING THE INADVERTENT DISCLOSURE OF DOCUMENTS OR OTHER MATERIAL UNDER RULE 502(d) directing that these procedures shall govern the inadvertent production of privileged or confidential documents. Signed by Magistrate Judge Cheryl A. Eifert on 8/30/2021. (cc: counsel of record; any unrepresented party) (hkl) |
| 09/01/2021 | 92 | MOTION by The Health Plan of West Virginia, Inc. to Certify Appeal of the Court’s June 28, 2021 63 Memorandum Opinion and Order. (Boone, Aaron) (Modified on 9/1/2021 to add link to #63 memorandum opinion and order) (mkw). |
| 09/01/2021 | 93 | MEMORANDUM OF LAW by The Health Plan of West Virginia, Inc. in support of 92 MOTION by The Health Plan of West Virginia, Inc. to Certify Appeal of the Court’s June 28, 2021 63 Memorandum Opinion and Order. (Boone, Aaron) (Modified on 9/1/2021 to add link to #63 memorandum opinion and order) (mkw). |
| 09/01/2021 | 94 | ORDER directing that a Telephonic Motion Hearing shall take place on 9/13/2021 at 2:30 PM before Magistrate Judge Cheryl A. Eifert, re: Plaintiffs’ 77 MOTION for Entry of a Partial ESI Protocol, Protective Order, Deposition Protocol Order, 502(d) Clawback Order, and Order Regarding Virtual Depositions. Signed by Magistrate Judge Cheryl A. Eifert on 9/1/2021. (cc: counsel of record; any unrepresented parties) (hkl) |
| 09/03/2021 | 95 | RESPONSE by Ted Cheatham in opposition to 77 MOTION by Christopher Fain, Zachary Martell, Brian McNemar for Entry of a Partial ESI Protocol, Protective Order, Deposition Protocol Order, 502(D) Clawback Order, and Order Regarding Virtual Depositions. (Oxley, Perry) |
| 09/03/2021 | 96 | RESPONSE by The Health Plan of West Virginia, Inc. in opposition to 77 MOTION by Christopher Fain, Zachary Martell, Brian McNemar for Entry of a Partial ESI Protocol, Protective Order, Deposition Protocol Order, 502(D) Clawback Order, and Order Regarding Virtual Depositions. (Boone, Aaron) |
| 09/09/2021 | 97 | REPLY by Christopher Fain, Zachary Martell, Brian McNemar to 95 Response In Opposition, 96 Response In Opposition. (Auvil, Walt) |
| 09/13/2021 | 98 | TELEPHONIC MOTION HEARING held by Magistrate Judge Cheryl A. Eifert on 9/13/2021 re: Plaintiffs’ 77 MOTION for Entry of a Partial ESI Protocol and Deposition Protocol Order; Court Reporter: CourtSmart. (hkl) |
| 09/14/2021 | 99 | ORDER granting in part and denying in part Plaintiffs’ 77 MOTION For Entry of a Partial ESI Protocol, Protective Order, Deposition Protocol Order, 502(d) Clawback Order, and Order Regarding Virtual Depositions, as more fully set forth herein; directing the parties to promptly submit an agreed, revised Deposition Protocol that allows each party to take up to 10 depositions; directing the parties to meet and confer, and to report to the undersigned, regarding ESI protocols no later than 9/30/2021; the parties shall also attempt to reach an agreement on more complex issues related to the production of ESI, and if they cannot agree, shall notify the undersigned’s chambers on or before 9/30/2021 of any outstanding issues and whether the parties require a telephonic discovery conference. Signed by Magistrate Judge Cheryl A. Eifert on 9/14/2021. (cc: counsel of record) (hkl) (Modified on 9/14/2021 to replace image) (mkw). |
| 09/14/2021 | NOTICE OF DOCKET CORRECTION re: 99 ORDER. Error: The judge’s signature was not flattened. Correction: Replaced incorrect image with correct image. (mkw) | |
| 09/14/2021 | 100 | ORDER SETTING DEPOSITION PROTOCOL directing that the following protocol shall be followed with all depositions conducted herein, as more fully set forth herein. Signed by Magistrate Judge Cheryl A. Eifert on 9/14/2021. (cc: counsel of record) (hkl) |
| 09/15/2021 | 101 | OPPOSITION by Christopher Fain, Zachary Martell, Brian McNemar in opposition to 92 MOTION by The Health Plan of West Virginia, Inc. to Certify Appeal of the Court’s June 28, 2021 63 Memorandum Opinion and Order. (Auvil, Walt) (Modified on 9/15/2021 to remove link to #93 memorandum and add link to #92 motion) (mkw). |
| 09/17/2021 | 102 | JOINT MOTION by Christopher Fain, Zachary Martell, Brian McNemar, Cynthia Beane, Ted Chetham, William Crouch, The Health Plan of West Virginia, Inc., West Virginia Department of Health and Human Resources, Bureau for Medical Services to Conduct Mediation Over Videoconference. (Auvil, Walt) (Modified on 9/20/2021 to convert event to a motion and to add party filers) (mkw). |
| 09/17/2021 | 103 | JOINT PROPOSED ORDER Joint Proposed Order Granting Joint Motion to Conduct Mediation Over Videoconference by Christopher Fain, Zachary Martell, Brian McNemar, Cynthia Beane, Ted Chetham, William Crouch, The Health Plan of West Virginia, Inc., West Virginia Department of Health and Human Resources, Bureau for Medical Services. (Auvil, Walt) (Modified on 9/20/2021 to add party filers) (mkw). |
| 09/20/2021 | 104 | ORDER GRANTING JOINT MOTION TO CONDUCT MEDIATION OVER VIDEOCONFERENCE granting the parties’ 102 JOINT MOTION to Conduct Mediation Over Videoconference; directing that the parties are permitted to conduct mediation over videoconference instead of attending in-person. Signed by Judge Robert C. Chambers on 9/20/2021. (cc: counsel of record; any unrepresented parties) (hkl) |
| 09/20/2021 | 105 | REPLY by The Health Plan of West Virginia, Inc. to 101 Opposition. (Boone, Aaron) |
| 09/23/2021 | 106 | MOTION by Christopher Fain, Zachary Martell, Brian McNemar for Leave to File First Amended Complaint. (Auvil, Walt) |
| 09/23/2021 | 107 | PROPOSED ORDER Order Granting Plaintiffs’ Motion for Leave to File First Amended Complaint by Christopher Fain, Zachary Martell, Brian McNemar. (Auvil, Walt) |
| 09/23/2021 | 108 | MEMORANDUM by Christopher Fain, Zachary Martell, Brian McNemar in support of 106 MOTION by Christopher Fain, Zachary Martell, Brian McNemar for Leave to File First Amended Complaint. (Auvil, Walt) |
| 09/23/2021 | 109 | AMENDED MOTION by Christopher Fain, Zachary Martell, Brian McNemar to Amend 106 MOTION by Christopher Fain, Zachary Martell, Brian McNemar for Leave to File First Amended Complaint. (Attachment: # 1 First Amended Complaint)(Auvil, Walt) |
| 09/24/2021 | 110 | CERTIFICATE OF SERVICE by Christopher Fain, Zachary Martell, Brian McNemar for Plaintiffs’ Second Set of Requests for Admission to Defendant Ted Cheatham and Plaintiffs’ Second Set of Interrogatories to Defendant Ted Cheatham. (Auvil, Walt) |
| 09/24/2021 | 111 | CERTIFICATE OF SERVICE by Christopher Fain, Zachary Martell, Brian McNemar for Plaintiff’s Second Set of Interrogatories to Defendants Crouch, Beane, and WVDHHR. (Auvil, Walt) |
| 09/24/2021 | 112 | CERTIFICATE OF SERVICE by Christopher Fain, Zachary Martell, Brian McNemar for Plaintiffs’ Second Set of Interrogatories to Defendant the Health Plan of West Virginia. (Auvil, Walt) |
| 10/07/2021 | 113 | CERTIFICATE OF SERVICE by Christopher Fain, Zachary Martell, Brian McNemar for Plaintiffs’ First Amended Rule 26(a)(1) Initial Disclosures. (Auvil, Walt) |
| 10/08/2021 | 114 | RESPONSE by Ted Cheatham in opposition to 106 MOTION by Christopher Fain, Zachary Martell, Brian McNemar for Leave to File First Amended Complaint and 109 AMENDED MOTION by Christopher Fain, Zachary Martell, Brian McNemar to Amend 106 MOTION by Christopher Fain, Zachary Martell, Brian McNemar for Leave to File First Amended Complaint. (Oxley, Perry) (Modified on 10/11/2021 to remove link to #107 proposed order and #108 memorandum) (mkw). |
| 10/12/2021 | 115 | REPLY by Christopher Fain, Zachary Martell, Brian McNemar to 114 Response In Opposition. (Auvil, Walt) |
| 10/12/2021 | 116 | ORDER setting a Telephonic Conference concerning discovery issues, and if necessary, issues concerning ESI for 10/14/2021 at 10:00 AM before Magistrate Judge Cheryl A. Eifert. Signed by Magistrate Judge Cheryl A. Eifert on 10/12/2021. (cc: counsel of record; any unrepresented parteis) (hkl) |
| 10/13/2021 | 117 | CERTIFICATE OF SERVICE by Cynthia Beane, William Crouch, West Virginia Department of Health and Human Resources, Bureau for Medical Services for Defendants’ First Supplemental Response to Plaintiff’s First Set of Requests for Production to Defendants Crouch, Beane and WVDHHR BMS. (Bandy, Kimberly) |
| 10/14/2021 | 118 | TELEPHONE CONFERENCE held by Magistrate Judge Cheryl A. Eifert on 10/14/2021; Court Reporter: CourtSmart. (hkl) |
| 10/15/2021 | 119 | JOINT MOTION by Christopher Fain, Zachary Martell, Brian McNemar, The Health Plan of West Virginia, Inc. to Stay Certain Case Schedule Deadlines. (Attachment: # 1 Proposed Order Granting Joint Motion to Stay Certain Case Schedule Deadlines)(Auvil, Walt) (Modified on 10/15/2021 to add party filer) (mkw). |
| 10/15/2021 | 120 | MEMORANDUM by Christopher Fain, Zachary Martell, Brian McNemar in support of 119 JOINT MOTION by Christopher Fain, Zachary Martell, Brian McNemar, The Health Plan of West Virginia, Inc. to Stay Certain Case Schedule Deadlines. (Auvil, Walt) (Modified on 10/15/2021 to add party filer) (mkw). |
| 10/18/2021 | 121 | ORDER GRANTING JOINT MOTION TO STAY CERTAIN CASE SCHEDULE DEADLINES granting the 119 JOINT MOTION by Christopher Fain, Zachary Martell, Brian McNemar, The Health Plan of West Virginia, Inc. to Stay Certain Case Schedule Deadlines; the remaining deadlines in the case schedule are stayed with respect to the claims of Plaintiffs Zachary Martell and Brian McNemar against The Health Plan until the Court rules on the parties’ anticipated motion for preliminary approval of a class settlement; if that motion is denied, The Health Plan, Mr. Martell, and Mr. McNemar shall file a status report within 10 days of the Court’s ruling with the parties’ recommendations regarding further proceedings; the remaining deadlines in the case schedule are stayed with respect to the claims of Plaintiffs Zachary Martell and Brian McNemar against Defendant Cheatham until the Court rules on Plaintiffs’ pending 109 AMENDED MOTION to file a First Amended Complaint; the 10/18/2021 deadline in the case schedule to serve discovery requests as to claims against Defendant Cheatham is stayed until seven days after the Court rules on the motion to amend the complaint. Signed by Judge Robert C. Chambers on 10/18/2021. (cc: counsel of record; any unrepresented parties) (jsa) |
| 10/18/2021 | 122 | NOTICE OF CHANGE OF ATTORNEY INFORMATION by Carl Solomon Charles updating name and/or firm information on behalf of Christopher Fain, Zachary Martell, Brian McNemar. (Charles, Carl) |
| 10/18/2021 | 123 | CERTIFICATE OF SERVICE by Christopher Fain, Zachary Martell, Brian McNemar for Plaintiffs’ Subpoenas Duces Tecum to UniCare Health, Aetna Better Health, and the Health Plan. (Auvil, Walt) |
| 10/18/2021 | 124 | NOTICE OF CHANGE OF ATTORNEY INFORMATION by Tara L. Borelli updating name and/or firm information. (Borelli, Tara) (Modified on 10/18/2021 to convert event to notice of change of attorney information) (ts). |
| 10/18/2021 | 125 | CERTIFICATE OF SERVICE by Cynthia Beane, William Crouch, West Virginia Department of Health and Human Resources, Bureau for Medical Services for First Supplemental Response to Plaintiff’s First Set of Requests for Production. (Bandy, Kimberly) |
| 10/18/2021 | 126 | AMENDED CERTIFICATE OF SERVICE by Cynthia Beane, William Crouch, West Virginia Department of Health and Human Resources, Bureau for Medical Services for First Set of Interrogatories, Requests for Admission and Requests for Production of Documents to Plaintiff Christopher Fain. (Bandy, Kimberly) |
| 10/19/2021 | 127 | STIPULATION AND ORDER: ESI PROTOCOL stipulating and directing that the following protocol shall govern the discovery of documents and electronically stored information (“ESI”). Signed by Magistrate Judge Cheryl A. Eifert on 10/19/2021. (cc: counsel of record; any unrepresented parties) (hkl) |
| 10/19/2021 | 128 | CERTIFICATE OF SERVICE by Christopher Fain, Zachary Martell, Brian McNemar for Plaintifffs’ Third Set of Interrogatories. (Auvil, Walt) |
| 10/19/2021 | 129 | CERTIFICATE OF SERVICE by Christopher Fain, Zachary Martell, Brian McNemar for Plaintiffs’ Second Set of Requests for Production. (Auvil, Walt) |
| 10/20/2021 | 130 | JOINT MOTION by Christopher Fain, Zachary Martell, Brian McNemar, William Crouch, Cynthia Beane, West Virginia Department of Health and Human Resources, Bureau for Medical Services for Extension of Fact Discovery Deadline to 3/1/2022. (Auvil, Walt) (Modified on 10/20/2021 to add party filers) |
| 10/20/2021 | 131 | MEMORANDUM by Christopher Fain, Zachary Martell, Brian McNemar, William Crouch, Cynthia Beane, West Virginia Department of Health and Human Resources, Bureau for Medical Services in support of 130 JOINT MOTION by Christopher Fain, Zachary Martell, Brian McNemar, William Crouch, Cynthia Beane, West Virginia Department of Health and Human Resources, Bureau for Medical Services for Extension of Fact Discovery Deadline to 3/1/2022. (Auvil, Walt) (Modified on 10/20/2021 to add party filers) (mkw). |
| 10/20/2021 | 132 | PROPOSED ORDER Order Granting Joint Motion for Extension of Discovery Deadline by Christopher Fain, Zachary Martell, Brian McNemar, Cynthia Beane, William Crouch, West Virginia Department of Health and Human Resources, Bureau for Medical Services. (Auvil, Walt) (Modified on 10/20/2021 to add party filers) (mkw). |
| 10/21/2021 | 133 | ORDER GRANTING JOINT MOTION FOR EXTENSION OF DISCOVERY DEADLINE granting the parties’ 130 JOINT MOTION for Extension of Fact Discovery Deadline; the deadline for fact discovery in this case is 3/1/2022. Signed by Judge Robert C. Chambers on 10/21/2021. (cc: counsel of record; any unrepresented parties) (jsa) |
| 10/21/2021 | 134 | AFFIDAVIT OF SERVICE of Cover Letter, Subpoena and Exhibits on Aetna Better Health of West Virginia, dated 10/19/2021, filed on behalf of Zachary Martell, Christopher Fain, Brian McNemar. (Auvil, Walt) |
| 10/21/2021 | 135 | AFFIDAVIT OF SERVICE of Cover Letter, Subpoena and Exhibits on The Health Plan of West Virginia, dated 10/18/2021, filed on behalf of Zachary Martell, Christopher Fain, Brian McNemar. (Auvil, Walt) |
| 10/21/2021 | 136 | AFFIDAVIT OF SERVICE of Cover Letter, Subpoena and Exhibits on Unicare Health Plan of West Virginia, Inc., dated 10/19/2021, filed on behalf of Zachary Martell, Christopher Fain, Brian McNemar. (Auvil, Walt) |
| 10/25/2021 | 137 | CERTIFICATE OF SERVICE by Cynthia Beane, William Crouch, West Virginia Department of Health and Human Resources, Bureau for Medical Services for Response to Plaintiff’s Second Set of Interrogatories. (Bandy, Kimberly) |
| 10/27/2021 | 138 | NOTICE OF MEDIATION by Christopher Fain, Zachary Martell, Brian McNemar. (Auvil, Walt) |
| 10/28/2021 | 139 | MEMORANDUM OPINION AND ORDER granting Plaintiffs’ 109 AMENDED MOTION for Leave to File First Amended Complaint; Plaintiffs’ first 106 MOTION to File First Amended Complaint is DISMISSED as moot. Signed by Judge Robert C. Chambers on 10/28/2021. (cc: counsel of record; any unrepresented parties) (jsa) |
| 10/28/2021 | 140 | FIRST AMENDED CLASS ACTION COMPLAINT by Zachary Martell, Christopher Fain, Brian McNemar, Shawn Anderson, Leann James against Cynthia Beane, Ted Cheatham, William Crouch, The Health Plan of West Virginia, Inc., West Virginia Department of Health and Human Resources, Bureau for Medical Services. (jsa) |
| 10/29/2021 | 141 | CERTIFICATE OF SERVICE by Cynthia Beane, William Crouch, West Virginia Department of Health and Human Resources, Bureau for Medical Services for Second Supplemental Response to Plaintiff’s First Set of Requests for Production. (Bandy, Kimberly) |
| 10/29/2021 | 142 | CERTIFICATE OF SERVICE by Cynthia Beane, William Crouch, West Virginia Department of Health and Human Resources, Bureau for Medical Services for First Supplemental Response to Plaintiff’s Second Set of Interrogatories. (Bandy, Kimberly) |
| 11/03/2021 | 143 | CERTIFICATE OF SERVICE by Shawn Anderson, Christopher Fain, Leann James, Zachary Martell, Brian McNemar for Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action to UMR, Inc. (Auvil, Walt) |
| 11/03/2021 | 144 | CERTIFICATE OF SERVICE by Shawn Anderson, Christopher Fain, Leann James, Zachary Martell, Brian McNemar for Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action to CVS Caremark. (Auvil, Walt) |
| 11/05/2021 | 145 | CERTIFICATE OF SERVICE by Leann James for Plaintiff James’s First Set of Requests for Production of Documents and Things to Defendant Ted Cheatham, Plaintiff’s James’s First Set of Requests for Admissions to Defendant Ted Cheatham, and Plaintiff James’s First Set of Interrogatories to Defendant Ted Cheatham. (Auvil, Walt) Modified on 11/5/2021 to correct party filer (jsa). |
| 11/05/2021 | 146 | RETURN OF SERVICE ON SUBPOENA for UMR, Inc. (Auvil, Walt) (Modified on 11/8/2021 to convert event to a return of service on subpoena and to remove link to #143 certificate of service) (mkw). |
| 11/05/2021 | 147 | RETURN OF SERVICE ON SUBPOENA for CVS Caremark. (Auvil, Walt) (Modified on 11/8/2021 to convert event to a return of service on subpoena and to remove link to #144 certificate of service) (mkw). |
| 11/10/2021 | 148 | CERTIFICATE OF SERVICE by Shawn Anderson, Christopher Fain, Leann James, Zachary Martell, Brian McNemar for Plaintiffs’ Subpoena to the Health Plan of West Virginia. (Auvil, Walt) |
| 11/11/2021 | 149 | PROPOSED ORDER Agreed Order for Substitution of Parties by Ted Cheatham, Christopher Fain, Zachary Martell, Brian McNemar. (Oxley, Perry) (Modified on 11/12/2021 to add party filers) (mkw). |
| 11/11/2021 | 150 | STIPULATION REGARDING ANSWER DEADLINE by Christopher Fain, Zachary Martell, Brian McNemar, Ted Cheatham; said parties stipulate and agree that the deadline for an Answer or response to the 140 First Amended Complaint is 11/18/2021. (Oxley, Perry) (Modified on 11/12/2021 to add party filers and to add link to #140 first amended complaint) (mkw). |
| 11/12/2021 | RESET DEADLINE: Ted Cheatham answer due 11/18/2021. (mkw) | |
| 11/12/2021 | 151 | ANSWER to Plaintiffs’ 140 First Amended Complaint, by Cynthia Beane, William Crouch, West Virginia Department of Health and Human Resources, Bureau for Medical Services; Jury demand. (Bandy, Kimberly) |
| 11/12/2021 | 152 | MOTION by Cynthia Beane, William Crouch, West Virginia Department of Health and Human Resources, Bureau for Medical Services to Extend Time to Serve Written Discovery on Recently Added Plaintiff Shauntae Anderson. (Bandy, Kimberly) |
| 11/12/2021 | 153 | MEMORANDUM OF LAW by Cynthia Beane, William Crouch, West Virginia Department of Health and Human Resources, Bureau for Medical Services in support of 152 MOTION by Cynthia Beane, William Crouch, West Virginia Department of Health and Human Resources, Bureau for Medical Services to Extend Time to Serve Written Discovery on Recently Added Plaintiff Shauntae Anderson. (Bandy, Kimberly) |
| 11/12/2021 | 154 | PROPOSED ORDER Granting Motion to Extend Time to Serve Written Discovery on Recently Added Plaintiff Shauntae Anderson by Cynthia Beane, William Crouch, West Virginia Department of Health and Human Resources, Bureau for Medical Services. (Bandy, Kimberly) |
| 11/15/2021 | 155 | AGREED ORDER FOR SUBSTITUTION OF PARTIES directing that Jason Haught, Interim Director of the West Virginia Public Employees Insurance Agency, shall be substituted as a defendant in place and stead of Ted Cheatham, former Director of the West Virginia Public Employees Insurance Agency; directing the Clerk to update the party names accordingly. Signed by Judge Robert C. Chambers on 11/15/2021. (cc: counsel of record; any unrepresented parties) (jsa) |
| 11/15/2021 | 156 | ORDER GRANTING DEFENDANTS’ MOTION TO EXTEND TIME TO SERVE WRITTEN DISCOVERY ON RECENTLY ADDED PLAINTIFF SHAUNTAE ANDERSON granting 152 MOTION by Cynthia Beane, William Crouch, West Virginia Department of Health and Human Resources, Bureau for Medical Services to Extend Time to Serve Written Discovery on Recently Added Plaintiff Shauntae Anderson; directing that Defendants may serve written discovery requests on Plaintiff Shauntae Anderson within seven (7) days from entry of this Order. Signed by Judge Robert C. Chambers on 11/15/2021. (cc: counsel of record; any unrepresented parties) (jsa) |
| 11/17/2021 | 157 | CERTIFICATE OF SERVICE by Christopher Fain for Plaintiff Fain’s Responses to Defendant Crouch, Beane, and WVDHHR, Bureau for Medical Services’ First Set of Interrogatories. (Auvil, Walt) Modified on 11/17/2021 to correct party filers (jsa). |
| 11/17/2021 | 158 | CERTIFICATE OF SERVICE by Christopher Fain for Plaintiff Fain’s Responses to Defendants Crouch, Beane, and WVDHHR, Bureau for Medical Services’ First Set of Requests for Admissions. (Auvil, Walt) Modified on 11/17/2021 to correct party filers (jsa). |
| 11/17/2021 | 159 | CERTIFICATE OF SERVICE by Christopher Fain for Plaintiff Fain’s Responses to Defendants Crouch, Beane, and WVDHHR, Bureau for Medical Services’ First Set of Requests for Production of Documents. (Auvil, Walt) Modified on 11/17/2021 to correct party filers (jsa). |
| 11/17/2021 | 160 | CERTIFICATE OF SERVICE by Cynthia Beane, William Crouch, West Virginia Department of Health and Human Resources, Bureau for Medical Services for Responses to Plaintiffs’ Second Set of Requests for Production of Documents and Things. (Bandy, Kimberly) |
| 11/17/2021 | 161 | CERTIFICATE OF SERVICE by Cynthia Beane, William Crouch, West Virginia Department of Health and Human Resources, Bureau for Medical Services for Answers to Plaintiffs’ Third Set of Interrogatories. (Bandy, Kimberly) |
| 11/18/2021 | 162 | MOTION by Jason Haught for Abstention. (Oxley, Perry) |
| 11/18/2021 | 163 | MEMORANDUM OF LAW by Jason Haught in support of 162 MOTION by Jason Haught for Abstention. (Oxley, Perry) M |
| 11/19/2021 | 164 | ANSWER to 140 First Amended Class Action Complaint with Jury Demand by Jason Haught. (Oxley, Perry) |
| 11/19/2021 | 165 | STIPULATION REGARDING ANSWER DATE TO 140 FIRST AMENDED CLASS ACTION COMPLAINT by The Health Plan of West Virginia, Inc., Christopher Fain, Zachary Martell, Brian McNemar, Shawn Anderson, Leann James; said parties stipulate that said Defendant does not need to answer the First Amended Class Action Complaint in this matter, as the newly added claims/allegations do not apply to The Health Plan. (Boone, Aaron) (Modified on 11/19/2021 to add party filers) (kew). |
| 11/22/2021 | 166 | CERTIFICATE OF SERVICE by Cynthia Beane, William Crouch, West Virginia Department of Health and Human Resources, Bureau for Medical Services for First Set of Interrogatories, Requests for Admission and Requests for Production of Documents to Plaintiff Shauntae Anderson. (Bandy, Kimberly) |
| 11/30/2021 | 167 | CERTIFICATE OF SERVICE by Cynthia Beane, William Crouch, West Virginia Department of Health and Human Resources, Bureau for Medical Services for First Supplemental Response to Plaintiff’s First Set of Interrogatories. (Bandy, Kimberly) |
| 11/30/2021 | 168 | CERTIFICATE OF SERVICE by Cynthia Beane, William Crouch, West Virginia Department of Health and Human Resources, Bureau for Medical Services for Second Supplemental Response to Second Set of Interrogatories. (Bandy, Kimberly) |
| 11/30/2021 | 169 | CERTIFICATE OF SERVICE by Cynthia Beane, William Crouch, West Virginia Department of Health and Human Resources, Bureau for Medical Services for First Supplemental Responses to Second Set of Requests for Production of Documents and Things. (Bandy, Kimberly) |
| 11/30/2021 | 170 | CERTIFICATE OF SERVICE by Cynthia Beane, William Crouch, West Virginia Department of Health and Human Resources, Bureau for Medical Services for Third Supplemental Response to First Set of Requests for Production. (Bandy, Kimberly) |
| 12/02/2021 | 171 | OPPOSITION by Shawn Anderson, Christopher Fain, Leann James, Zachary Martell, Brian McNemar in opposition to 162 MOTION by Jason Haught for Abstention. (Auvil, Walt) |
| 12/09/2021 | 172 | REPLY by Jason Haught to 171 Opposition. (Salyers, Eric) |
| 12/13/2021 | 173 | CERTIFICATE OF SERVICE by Jason Haught for Defendant Jason Haught’s Responses to Plaintiff James’ First Set of Interrogatories. (Salyers, Eric) |
| 12/13/2021 | 174 | CERTIFICATE OF SERVICE by Jason Haught for Defendant Jason Haught’s Responses to Plaintiff James’ First Set of Requests for Admissions. (Salyers, Eric) |
| 12/13/2021 | 175 | CERTIFICATE OF SERVICE by Jason Haught for Defendant Jason Haught’s Responses to Plaintiff James’ First Set of Requests for Production of Documents. (Salyers, Eric) |
| 12/16/2021 | 176 | REPORT OF MEDIATION by Donald B. O’Dell. (jsa) |
| 12/20/2021 | 177 | CERTIFICATE OF SERVICE by Shawn Anderson for Plaintiff Shauntae Anderson’s Responses to Defendants William Crouch, Cynthia Beane, and West Virginia Department of Health and Human Resources, Bureau for Medical Services’ First Set of Interrogatories. (Auvil, Walt) Modified on 12/20/2021 to correct party filer (jsa). |
| 12/20/2021 | 178 | CERTIFICATE OF SERVICE by Shawn Anderson for Plaintiff Shauntae Anderson’s Responses to Defendants William Crouch, Cynthia Beane, and West Virginia Department of Health and Human Resources, Bureau for Medical Services’ First Set of Requests for Admissions. (Auvil, Walt) Modified on 12/20/2021 to correct party filer (jsa). |
| 12/20/2021 | 179 | CERTIFICATE OF SERVICE by Shawn Anderson for Plaintiff Shauntae Anderson’s Responses to Defendants William Crouch, Cynthia Beane, and West Virginia Department of Health and Human Resources, Bureau for Medical Services’ First Set of Request for Production of Documents. (Auvil, Walt) Modified on 12/20/2021 to correct party filer (jsa). |
| 01/05/2022 | 180 | STIPULATION OF DISMISSAL With Prejudice by Zachary Martell, Brian McNemar, The Health Plan of West Virginia, Inc.; said parties stipulate and agree that The Health Plan and Plaintiffs have reached a settlement to compromise all claims that exist between them, as more fully set forth herein; Plaintiffs’ claims against Defendant Haught are also dismissed with prejudice; Plaintiffs and The Health Plan request that the Court direct the Clerk of the Court to remove Plaintiff Zachary Martell, Plaintiff Brian McNemar, and The Health Plan from the style of the case; further, the remaining litigants in this matter need not include The Health Plan on any further documents served in this civil action, including pleadings or discovery. (Boone, Aaron) (Modified on 1/5/2022 to add party filers) (mkw). |
| 01/13/2022 | 181 | CERTIFICATE OF SERVICE by Shawn Anderson, Christopher Fain, Leann James, Zachary Martell, Brian McNemar for Plaintiffs’ Produced Documents Bates-Stamped CFain0002640 – CFain0004791. (Auvil, Walt) |
| 01/14/2022 | 182 | CERTIFICATE OF SERVICE by Shawn Anderson, Christopher Fain, Leann James, Zachary Martell, Brian McNemar for Rule 26(a)(2) Expert Testimony Disclosures. (Auvil, Walt) |
| 01/14/2022 | 183 | CERTIFICATE OF SERVICE by Shawn Anderson, Christopher Fain, Leann James, Zachary Martell, Brian McNemar for Rule 26(a)(2) Expert Testimony Disclosures. (Auvil, Walt) |
| 01/18/2022 | 184 | NOTICE by Jason Haught of Withdrawal of 162 MOTION by Jason Haught for Abstention. (Attachment: # 1 Exhibit)(Oxley, Perry) (Modified on 1/18/2022 to replace image for attachment #1) (mkw). |
| 01/18/2022 | 185 | ORDER denying as moot the 92 MOTION by The Health Plan of West Virginia, Inc. to Certify Appeal of the Court’s June 28, 2021 63 Memorandum Opinion and Order. Signed by Judge Robert C. Chambers on 1/18/2022. (cc: counsel of record; any unrepresented parties) (jsa) |
| 01/18/2022 | 186 | ORDER denying as moot Defendant Jason Haught’s 162 MOTION for Abstention, pursuant to Defendant’s 184 Notice of Withdrawal of the Motion. Signed by Judge Robert C. Chambers on 1/18/2022. (cc: counsel of record; any unrepresented parties) (jsa) |
| 01/18/2022 | NOTICE OF DOCKET CORRECTION re: 184 NOTICE OF WITHDRAWAL. Error: The image for attachment #1 contained personal identifiers. Correction: Replaced unredacted image for redacted image. (mkw) | |
| 01/21/2022 | 187 | MOTION by Shawn Anderson, Christopher Fain, Leann James for Leave to File Second Amended Complaint. (Attachments: # 1 Exhibit – Proposed Second Amended Complaint, # 2Declaration of Walt Auvil, # 3 Proposed Order)(Auvil, Walt) (Modified on 1/21/2022 to remove party filers) (mkw). |
| 01/21/2022 | 188 | MEMORANDUM by Shawn Anderson, Christopher Fain, Leann James in support of 187 MOTION by Shawn Anderson, Christopher Fain, Leann James for Leave to File Second Amended Complaint. (Auvil, Walt) (Modified on 1/21/2022 to remove party filers) (mkw). |
| 02/01/2022 | 189 | CERTIFICATE OF SERVICE by William Crouch, Cynthia Beane, West Virginia Department of Health and Human Resources, Bureau for Medical Services for Defendants’ Fourth Supplemental Response to Plaintiffs’ First Set of Requests for Production to Defendants. (David, Caleb) Modified on 2/2/2022 to correct party filers (jsa). |
| 02/01/2022 | 190 | CERTIFICATE OF SERVICE by William Crouch, Cynthia Beane, West Virginia Department of Health and Human Resources, Bureau for Medical Services for Defendants’ Second Supplemental Responses to Plaintiffs’ Second Set of Request for Production of Documents and Things. (David, Caleb) Modified on 2/2/2022 to correct party filers (jsa). |
| 02/03/2022 | 191 | CERTIFICATE OF SERVICE by Cynthia Beane, William Crouch, West Virginia Department of Health and Human Resources, Bureau for Medical Services for Defendants’ Fifth Supplemental Response to Plaintiffs’ First Set of Requests for Production. (Cyrus, Lou) |
| 02/03/2022 | 192 | CERTIFICATE OF SERVICE by Cynthia Beane, William Crouch, West Virginia Department of Health and Human Resources, Bureau for Medical Services for Defendants’ Third Supplemental Responses to Plaintiffs’ Second Set of Requests for Production of Documents and Things. (Cyrus, Lou) |
| 02/09/2022 | 193 | JOINT MOTION by Christopher Fain, Shawn Anderson, Cynthia Beane, William Crouch, West Virginia Department of Health and Human Resources, Bureau for Medical Services for Extension of Fact Discovery Deadline to April 29, 2022, re: 133 Order. (Bandy, Kimberly) (Modified on 2/10/2022 to add party filers and to add link to #133 order) (mkw). |
| 02/09/2022 | 194 | MEMORANDUM OF LAW by Christopher Fain, Shawn Anderson, Cynthia Beane, William Crouch, West Virginia Department of Health and Human Resources, Bureau for Medical Services in support of 193 JOINT MOTION by Christopher Fain, Shawn Anderson, Cynthia Beane, William Crouch, West Virginia Department of Health and Human Resources, Bureau for Medical Services for Extension of Fact Discovery Deadline to April 29, 2022. (Bandy, Kimberly) (Modified on 2/10/2022 to add party filers) (mkw). |
| 02/09/2022 | 195 | PROPOSED ORDER Order Granting Joint Motion for Extension of Fact Discovery Deadline by Christopher Fain, Shawn Anderson, Cynthia Beane, William Crouch, West Virginia Department of Health and Human Resources, Bureau for Medical Services. (Bandy, Kimberly) (Modified on 2/10/2022 to add party filers) (mkw). |
| 02/10/2022 | 196 | ORDER GRANTING JOINT MOTION FOR EXTENSION OF FACT DISCOVERY DEADLINE granting the parties’ 193 JOINT MOTION for Extension of Fact Discovery Deadline; the deadline for fact discovery in this case is 4/29/2022. Signed by Judge Robert C. Chambers on 2/10/2022. (cc: counsel of record; any unrepresented parties) (jsa) |
| 02/10/2022 | 197 | JOINT MOTION by Leann James, Jason Haught to Stay Deadlines, re: 75 Scheduling Order. (Attachment: # 1 Proposed Order)(Oxley, Perry) (Modified on 2/11/2022 to add party filer) (mkw). |
| 02/11/2022 | 198 | ORDER GRANTING JOINT MOTION TO STAY DEADLINES granting the 197 JOINT MOTION by Defendant Jason Haught and Plaintiff Leanne James to Stay the deadlines in the Scheduling Order with respect to the claims of Plaintiff James against Defendant Haught; staying the fact discovery deadline for Defendant Haught and Plaintiff James until a ruling occurs on the Plaintiffs’ 187 MOTION for Leave to File the Second Amended Complaint, as more fully set forth herein. Signed by Judge Robert C. Chambers on 2/11/2022. (cc: counsel of record; any unrepresented parties) (jsa) |
| 02/15/2022 | 199 | JOINT MOTION by Cynthia Beane, William Crouch, Jason Haught, West Virginia Department of Health and Human Resources, Bureau for Medical Services to Extend Defendants’ Expert Witness Deadline to February 21, 2022. (Attachments: # 1 Exhibit A)(Salyers, Eric) |
| 02/15/2022 | 200 | PROPOSED ORDER Order Granting Joint Motion to Extend Defendants Expert Witness Deadline by Cynthia Beane, William Crouch, Jason Haught, West Virginia Department of Health and Human Resources, Bureau for Medical Services. (Salyers, Eric) |
| 02/15/2022 | 201 | CERTIFICATE OF SERVICE by Jason Haught for Rule 26(a)(2) Expert Testimony Disclosures. (Salyers, Eric) |
| 02/16/2022 | 202 | ORDER directing that Plaintiffs must respond by the end of the day today, 2/16/2022, raising good cause to deny Defendants’ 199 JOINT MOTION to Extend Time to File Expert Witness Disclosure to 2/21/2022. Signed by Judge Robert C. Chambers on 2/16/2022. (cc: counsel of record; any unrepresented parties) (jsa) |
| 02/16/2022 | 203 | OPPOSITION by Shawn Anderson, Christopher Fain, Leann James, Zachary Martell, Brian McNemar in opposition to 199 JOINT MOTION by Cynthia Beane, William Crouch, Jason Haught, West Virginia Department of Health and Human Resources, Bureau for Medical Services to Extend Defendants’ Expert Witness Deadline to February 21, 2022. (Auvil, Walt) |
| 02/17/2022 | 204 | ORDER granting Defendants’ 199 JOINT MOTION for an Extension of Defendants’ Expert Witness Deadline to tomorrow, 2/18/2022; commensurately extending Plaintiffs’ rebuttal deadline to 3/18/2022. Signed by Judge Robert C. Chambers on 2/17/2022. (cc: counsel of record; any unrepresented parties) (jsa) |
| 02/18/2022 | 205 | NOTICE OF VIDEOTAPED 30(B)(6) DEPOSITION by Shawn Anderson, Christopher Fain, Leann James, Zachary Martell, Brian McNemar of Frederick Lewis, Sarah Young, Secretary Crouch, Secretary Crouch, Commissioner Beane, Dr. Becker, Brandon Lewis, Jennifer Myers, Becky Manning on 2/25/2022, 3/11/2022, 3/17/2022, 3/18/2022, 3/29/2022, 3/30/2022, 4/4/2022, 4/8/2022, 4/12/2022 at 9:00 am, 9:00 am, 11:30 am, 12:30 pm, 9:00 am, 8:00 am, 10:00 am, 9:00 am, 10:00 am (Auvil, Walt) |
| 02/18/2022 | 206 | CERTIFICATE OF SERVICE by Cynthia Beane, William Crouch, Jason Haught, West Virginia Department of Health and Human Resources, Bureau for Medical Services for First Supplemental Rule 26(a)(2) Expert Witness Disclosure. (Salyers, Eric) |
| 02/22/2022 | 207 | AMENDED NOTICE OF VIDEOTAPED 30(b)(6) DEPOSITION by Shawn Anderson, Christopher Fain, Leann James, Zachary Martell, Brian McNemar of Frederick Lewis, Sarah Young, Secretary Crouch, Secretary Crouch, Commissioner Beane, Dr. Becker, Brandon Lewis, Jennifer Myers, Becky Manning on 2/25/2022, 3/11/2022, 3/17/2022, 3/18/2022, 3/29/2022, 3/30/2022, 4/5/2022, 4/8/2022, 4/12/2022 at 9:00 am, 9:00 am, 11:30 am, 12:30 pm, 9:00 am, 8:00 am, 10:00 am, 9:00 am, 10:00 am (Auvil, Walt) |
| 02/24/2022 | 208 | CERTIFICATE OF SERVICE by Cynthia Beane, William Crouch, West Virginia Department of Health and Human Resources, Bureau for Medical Services for Sixth Supplemental Response to Plaintiff’s First Set of Requests for Production. (Bandy, Kimberly) |
| 02/24/2022 | 209 | CERTIFICATE OF SERVICE by Cynthia Beane, William Crouch, West Virginia Department of Health and Human Resources, Bureau for Medical Services for Third Supplemental Response to Second Set of Interrogatories. (Bandy, Kimberly) |
| 03/01/2022 | 210 | SECOND AMENDED NOTICE OF VIDEOTAPED 30(b)(6) DEPOSITION by Shawn Anderson, Christopher Fain, Leann James, Zachary Martell, Brian McNemar of Sarah Young, Secretary Crouch, Secretary Crouch, Commissioner Beane, Dr. Becker, Frederick Lewis,Brandon Lewis, Jennifer Myers, Becky Manning, Brian Thompson on 3/11/2022, 3/17/2022, 3/18/2022, 3/29/2022, 3/30/2022, 4/4/2022, 4/5/2022, 4/8/2022, 4/12/2022, 4/13/2022 at 9:00 a.m., 11:30 a.m., 12:30 p.m., 9:00 a.m., 8:00 a.m., 9:00 a.m., 10:00 a.m., 9:00 a.m., 10:00 a.m., 9:00 a.m. (Auvil, Walt) |
| 03/09/2022 | 211 | NOTICE OF VIDEO DEPOSITION by Shawn Anderson, Christopher Fain, Leann James, Zachary Martell, Brian McNemar of William Crouch on 3/17/2022 and 3/18/2022 at 11:30 a.m. and 12:30a.m. (Auvil, Walt) |
| 03/09/2022 | 212 | CERTIFICATE OF SERVICE by Cynthia Beane, William Crouch, West Virginia Department of Health and Human Resources, Bureau for Medical Services for Defendant William Crouch, Cynthia Beane, and West Virginia Department of Health and Human Resources, Bureau for Medical Services’s Fourth Supplemental Responses to Plaintiffs’ Second Set of Requests for Production of Documents and Things. (Bandy, Kimberly) |
| 03/09/2022 | 213 | CERTIFICATE OF SERVICE by Cynthia Beane, William Crouch, West Virginia Department of Health and Human Resources, Bureau for Medical Services for Defendants’ Seventh Supplemental Response to Plaintiffs’ First Set of Requests for Production to Defendants William Crouch, Cynthia Beane, and West Virginia Department of Health and Human Resources, Bureau for Medical Services. (Bandy, Kimberly) |
| 03/16/2022 | 214 | SUGGESTION OF DEATH by Jason Haught suggesting the death of Plaintiff, Leanne James, upon the record. (Attachment: # 1 Exhibit A)(Salyers, Eric) |
| 03/17/2022 | 215 | MOTION by Jason Haught for Relief as a Result of Suggestion of Death, re: 214 Suggestion of Death. (Attachment: # 1 Proposed Order)(Salyers, Eric) |
| 03/18/2022 | 216 | ORDER directing Plaintiffs to respond to the 215 MOTION by Jason Haught for Relief as a Result of Suggestion of Death by 3/24/2022. Signed by Judge Robert C. Chambers on 3/18/2022. (cc: attys; any unrepresented parties) (mkw) |
| 03/18/2022 | 217 | CERTIFICATE OF SERVICE by Shawn Anderson, Christopher Fain, Leann James, Zachary Martell, Brian McNemar for Rule 26(a)(2) Expert Testimony Disclosures (Expert Rebuttal Report of Dr. Johanna Olson-Kennedy, M.D., M.S.). (Auvil, Walt) |
| 03/18/2022 | 218 | CERTIFICATE OF SERVICE by Shawn Anderson, Christopher Fain, Leann James, Zachary Martell, Brian McNemar for Rule 26(a)(2) Expert Testimony Disclosures (Expert Disclosure Report of Dan H. Karasic, M.D.). (Auvil, Walt) |
| 03/18/2022 | 219 | CERTIFICATE OF SERVICE by Shawn Anderson, Christopher Fain, Leann James, Zachary Martell, Brian McNemar for Rule 26(a)(2) Expert Testimony Disclosures (Expert Rebuttal Report of Loren S. Schechter, M.D.). (Auvil, Walt) |
| 03/22/2022 | 220 | CERTIFICATE OF SERVICE by Cynthia Beane, William Crouch, West Virginia Department of Health and Human Resources, Bureau for Medical Services for Eighth Supplemental Response to Plaintiff’s First Set of Requests for Production. (Bandy, Kimberly) |
| 03/22/2022 | 221 | NOTICE OF CHANGE OF ATTORNEY INFORMATION by Nora Huppert updating name and/or firm information on behalf of Shawn Anderson, Christopher Fain. (Huppert, Nora) |
| 03/23/2022 | 222 | RESPONSE by Shawn Anderson, Christopher Fain to 215 MOTION by Jason Haught for Relief as a Result of Suggestion of Death. (Attachment: # 1 Declaration of Tammy St. Clair)(Auvil, Walt) (Modified on 3/23/2022 to remove link to #216 order and add link to #215 motion) (mkw). |
| 03/23/2022 | 223 | NOTICE OF DEPOSITION Duces Tecum of Loren S. Schechter, M.D by Cynthia Beane, William Crouch, West Virginia Department of Health and Human Resources, Bureau for Medical Services. (David, Caleb) |
| 03/25/2022 | 224 | PROPOSED ORDER Order Granting Defendant Jason Haught’s Motion for Relief as a Result of Suggestion of Death by Jason Haught. (Salyers, Eric) |
| 03/25/2022 | 225 | ORDER granting Defendant Jason Haught’s 215 MOTION for Relief as a Result of Suggestion of Death; denying as moot Plaintiffs’ 187 MOTION for Leave to File Second Amended Complaint; dismissing Ms. James’ existing equal protection claim found in the 140 First Amended Complaint; directing the Clerk to remove Plaintiff Leanne James from the style of the case; further directing that Defendant Haught be DISMISSED from this action without prejudice. Signed by Judge Robert C. Chambers on 3/25/2022. (cc: counsel of record; any unrepresented parties) (jsa) |
| 03/25/2022 | 226 | CERTIFICATE OF SERVICE by Cynthia Beane, William Crouch, West Virginia Department of Health and Human Resources, Bureau for Medical Services for Second Supplemental Response to Plaintiff’s First Set of Interrogatories. (Bandy, Kimberly) |
| 03/25/2022 | 227 | CERTIFICATE OF SERVICE by Cynthia Beane, William Crouch, West Virginia Department of Health and Human Resources, Bureau for Medical Services for Ninth Supplemental Response to Plaintiff’s First Set of Requests for Production. (Bandy, Kimberly) |
| 03/31/2022 | 228 | STIPULATION OF PLAINTIFFS AND DEFENDANTS by Shawn Anderson, Christopher Fain, William Crouch, Cynthia Beane, West Virginia Department of Health and Human Resources, Bureau for Medical Services; the parties enter this stipulation to clarify the testimony that Dr. Becker provided in his deposition testimony on certain topics in this case as an organizational representative for the Department of Health and Human Resources, Bureau of Medical Services, pursuant to Federal Rule of Civil Procedure 30(b)(6), as more fully set forth herein. (Auvil, Walt) (Modified on 4/1/2022 to provide party filers) (mkw). |
| 04/01/2022 | 229 | CERTIFICATE OF SERVICE by Shawn Anderson, Christopher Fain for Certificate of Service for Subpoena to Testify at a Deposition in a Civil Action to Dr. Stephen Levine. (Auvil, Walt) |
| 04/06/2022 | 230 | NOTICE OF VIDEOTAPED DEPOSITION by Cynthia Beane, William Crouch, West Virginia Department of Health and Human Resources, Bureau for Medical Services of Christopher Fain on 04/28/22 at 10:00 am (Cyrus, Lou) |
| 04/06/2022 | 231 | NOTICE OF VIDEOTAPED DEPOSITION by Cynthia Beane, William Crouch, West Virginia Department of Health and Human Resources, Bureau for Medical Services of Shawn Anderson a/k/a Shauntae Anderson on 04/22/22 at 10:00 am (Cyrus, Lou) |
| 04/07/2022 | 232 | NOTICE OF VIDEOTAPED DEPOSITION by Cynthia Beane, William Crouch, West Virginia Department of Health and Human Resources, Bureau for Medical Services of Dr. Johanna Olson-Kennedy, M.D., M.S. on April 25, 2022 at 11:30 A.M. EDT (David, Caleb) |
| 04/07/2022 | 233 | NOTICE OF VIDEOTAPED DEPOSITION by Cynthia Beane, William Crouch, West Virginia Department of Health and Human Resources, Bureau for Medical Services of Dan H. Karasic, M.D. on April 15, 2022 at 12:00 P.M. EDT (David, Caleb) |
| 04/12/2022 | 234 | CERTIFICATE OF SERVICE by Cynthia Beane, William Crouch, West Virginia Department of Health and Human Resources, Bureau for Medical Services for Tenth Supplemental Response to Plaintiff’s First Set of Requests for Production. (Bandy, Kimberly) |
| 04/20/2022 | 235 | AMENDED NOTICE OF VIDEOTAPED DEPOSITION by Cynthia Beane, William Crouch, West Virginia Department of Health and Human Resources, Bureau for Medical Services of Christopher Fain on 04/28/22 at 10:00 am (Cyrus, Lou) |
| 04/20/2022 | 236 | AMENDED NOTICE OF VIDEOTAPED DEPOSITION by Cynthia Beane, William Crouch, West Virginia Department of Health and Human Resources, Bureau for Medical Services of Shawn Anderson a/k/a Shauntae Anderson on 04/22/22 at 10:00 am (Cyrus, Lou) |
| 04/20/2022 | 237 | AMENDED NOTICE OF VIDEOTAPED DEPOSITION by Cynthia Beane, William Crouch, West Virginia Department of Health and Human Resources, Bureau for Medical Services of Dr. Johanna Olson-Kennedy, M.D., M.S on 04/25/22 at 11:30 a.m. (EST) (8:30 a.m. PST) (Cyrus, Lou) |
| 04/21/2022 | 238 | JOINT MOTION by Shawn Anderson, Christopher Fain, Cynthia Beane, William Crouch, West Virginia Department of Health and Human Resources, Bureau for Medical Services to Continue Scheduling Conference. (Attachment: # 1 Certificate of Service)(Auvil, Walt) (Modified on 4/21/2022 to remove party filers and to add party filers) (mkw). |
| 04/22/2022 | 239 | ORDER granting the parties’ 238 JOINT MOTION to Continue Scheduling Conference; canceling the 5/16/2022 Scheduling Conference and scheduling a case management conference for 7/11/2022 at 11:00 a.m.; Counsel will appear in person; the Court will determine the subject matter of the conference at a later date. Signed by Judge Robert C. Chambers on 4/22/2022. (cc: counsel of record; any unrepresented parties) (jsa) |
| 04/29/2022 | 240 | CERTIFICATE OF SERVICE by Cynthia Beane, William Crouch, West Virginia Department of Health and Human Resources, Bureau for Medical Services for Eleventh Supplemental Response to Plaintiff’s First Set of Requests for Production. (Bandy, Kimberly) |
| 05/06/2022 | 241 | NOTICE AND UNOPPOSED MOTION by Shawn Anderson, Christopher Fain to Amend Case Caption. (Attachment: # 1 Proposed Order Granting Unopposed Motion to Amend Case Caption)(Auvil, Walt) |
| 05/09/2022 | 242 | ORDER GRANTING UNOPPOSED MOTION TO AMEND CASE CAPTION granting Plaintiffs’ 241 UNOPPOSED MOTION to Amend Case Caption; directing that the caption in this matter shall now read, as more fully set forth herein. Signed by Judge Robert C. Chambers on 5/9/2022. (cc: counsel of record; any unrepresented parties) (jsa) |
| 05/30/2022 | 243 | MOTION by Cynthia Beane, William Crouch, West Virginia Department of Health and Human Resources, Bureau for Medical Services to Exceed Page Limit for Defendants’ Memorandum of Law in Support of Defendants’ Motion for Summary Judgment. (David, Caleb) |
| 05/30/2022 | 244 | PROPOSED ORDER Order Granting Defendants’ Motion to Exceed Page Limit by Cynthia Beane, William Crouch, West Virginia Department of Health and Human Resources, Bureau for Medical Services. (David, Caleb) |
| 05/31/2022 | 245 | JOINT MOTION by Shauntae Anderson, Christopher Fain, William Crouch, Cynthia Beane, West Virginia Department of Health and Human Resources, Bureau for Medical Services to File Exhibits Under Seal. (Attachments: # 1 Exhibit A – Redacted Karasic Expert Report, # 2 Exhibit B – Redacted Myers Affidavit, # 3 Proposed Order)(Auvil, Walt) (Modified on 5/31/2022 to add party filers) |
| 05/31/2022 | 246 | MEMORANDUM by Shauntae Anderson, Christopher Fain, William Crouch, Cynthia Beane, West Virginia Department of Health and Human Resources, Bureau for Medical Services in support of 245 JOINT MOTION by Shauntae Anderson, Christopher Fain, William Crouch, Cynthia Beane, West Virginia Department of Health and Human Resources, Bureau for Medical Services to File Exhibits Under Seal. (Auvil, Walt) (Modified on 5/31/2022 to add party filers) (mkw). |
| 05/31/2022 | 247 | ORDER GRANTING DEFENDANTS’ MOTION TO EXCEED PAGE LIMIT granting Defendants’ 243 MOTION to Exceed Page Limit; Defendants are permitted to file a Memorandum not to exceed twenty-five (25) pages; Plaintiffs are permitted to file a response Memorandum not to exceed twenty-five (25) pages. Signed by Judge Robert C. Chambers on 5/31/2022. (cc: attys; any unrepresented party) (mkw) |
| 05/31/2022 | 248 | MOTION by Shauntae Anderson, Christopher Fain for Class Certification Pursuant to Fed. R. Civ. P. 23. (Attachments: # 1Affidavit of Walt Auvil, # 2 Affidavit of Nicole J. Schladt, # 3 Exhibit A to Schladt Decl. — Nichols Kaster firm resume, # 4 Affidavit of Avatara Smith-Carrington, # 5 Exhibit A to Smith-Carrington Decl. — Smith-Carrington C.V., # 6 Exhibit B to Smith-Carrington Decl. — Borelli C.V., # 7 Exhibit C to Smith-Carrington Decl. — Charles C.V., # 8 Exhibit D to Smith-Carrington Decl. — Buchert C.V., # 9 Exhibit E to Smith-Carrington Decl. — Huppert C.V., # 10 Proposed Order)(Auvil, Walt) |
| 05/31/2022 | 249 | MEMORANDUM by Shauntae Anderson, Christopher Fain in support of 248 MOTION by Shauntae Anderson, Christopher Fain for Class Certification Pursuant to Fed. R. Civ. P. 23. (Auvil, Walt) |
| 05/31/2022 | 250 | MOTION by Shauntae Anderson, Christopher Fain for Summary Judgment. (Attachments: # 1 Affidavit of Christopher Fain, # 2 Affidavit of Shauntae Anderson, # 3 Affidavit of Walt Auvil, # 4 Exhibit 1 — Defs Resp. to First RFAs, # 5 Exhibit 2 — Defs Resp. to First Rogs, # 6 Exhibit 3 — Defs Resp. to Second Rogs, # 7 Exhibit 4 — Defs First Supp. Resp. to First Rogs, # 8Exhibit 5 — Defs Second Supp. Resp. to Second Rogs, # 9 Exhibit 5(a) — Defs. Second Suppl. Respon. to Pls. Second Rogs, # 10 Exhibit 6 — Fain Dep. Tr., # 11 Exhibit 7 — Anderson Dep. Tr., # 12 Exhibit 8 — Crouch Dep. Tr., # 13 Exhibit 9 — Beane Dep. Tr., # 14 Exhibit 10 — Becker Dep. Tr., # 15 Exhibit 11 — Lewis Dep. Tr., # 16 Exhibit 12 — Manning Dep. Tr., # 17Exhibit 13 — Thompson Dep. Tr., # 18 Exhibit 14 — Young Dep. Tr., # 19 Exhibit 15 — Karasic Dep. Tr., # 20 Exhibit 16 — Karasic Expert Rep., # 21 Exhibit 17 — Karasic Rebuttal Rep., # 22 Exhibit 18 — Schechter Dep. Tr., # 23 Exhibit 19 — Schechter Expert Rep., # 24 Exhibit 20 — Schechter Rebuttal Rep., # 25 Exhibit 21 — Olson-Kennedy Dep. Tr., # 26 Exhibit 22 — Olson-Kennedy Rebuttal Rep., # 27 Exhibit 23 — BMS Manual Ch. 100, # 28 Exhibit 24 — BMS Manual Ch. 519, # 29Exhibit 25 — Composite — Health Plans, # 30 Exhibit 26 — Composite — InterQual Criteria, # 31 Exhibit 27 — Medicaid 101, # 32 Exhibit 28 — Medicaid.gov printout, # 33 Exhibit 29 — BMS Contract with Aetna, # 34 Exhibit 30 — BMS Contract with UniCare, # 35 Exhibit 31 — BMS Contract with The Health Plan, # 36 Exhibit 32 — Email dated Oct. 13, 2020, # 37 Exhibit 33 — Composite on Cost of Care)(Auvil, Walt) |
| 05/31/2022 | 251 | MEMORANDUM OF LAW by Shauntae Anderson, Christopher Fain in support of 250 MOTION by Shauntae Anderson, Christopher Fain for Summary Judgment. (Auvil, Walt) |
| 05/31/2022 | 252 | MOTION by Cynthia Beane, William Crouch, West Virginia Department of Health and Human Resources, Bureau for Medical Services for Summary Judgment. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14Exhibit 14, # 15 Exhibit 15-A, # 16 Exhibit 15-B, # 17 Exhibit 15-C, # 18 Exhibit 16, # 19 Exhibit 17, # 20 Exhibit 18-A, # 21 Exhibit 18-B, # 22 Exhibit 18-C)(Bandy, Kimberly) |
| 05/31/2022 | 253 | MEMORANDUM OF LAW by Cynthia Beane, William Crouch, West Virginia Department of Health and Human Resources, Bureau for Medical Services in support of 252 MOTION by Cynthia Beane, William Crouch, West Virginia Department of Health and Human Resources, Bureau for Medical Services for Summary Judgment. (Bandy, Kimberly) |
| 05/31/2022 | 254 | MOTION by Shauntae Anderson, Christopher Fain to Exclude Expert Testimony of Stephen B. Levine M.D. (Attachments: # 1Affidavit of Carl Charles, # 2 Exhibit A — Dr. Levine Expert Disclosure, # 3 Exhibit B — Dr. Levine Fain Dep. Tr., # 4 Exhibit C — Dr. Levine Kadel Dep. Tr., # 5 Exhibit D — Soneeya Bench Trial Day 1 Tr., # 6 Exhibit E — Beane Dep. Tr., # 7 Exhibit F — Dr. Levine Claire Dep. Tr., # 8 Exhibit G — Dahlen Article, # 9 Exhibit H — Dr. Bowers Statement, # 10 Exhibit I — Cass Review Website About Page, # 11 Exhibit J — Dr. Olson Kennedy Rebuttal Rep., # 12 Exhibit K — Dhejne Thesis Excerpt, # 13Exhibit L — Dhejne Article, # 14 Exhibit M — Simonsen Article, # 15 Exhibit N — DSM V Excerpt, # 16 Exhibit O — Dr. Karasic Dep. Tr., # 17 Exhibit P– Defs. Interqual Sheets, # 18 Exhibit Q — Correction to Littman Article, # 19 Exhibit R — Bauer Article, # 20 Exhibit S — Defs. Resp. to Pls. Second Set of Interrogs., # 21 Exhibit T — Dr. Levine B.P.J. Dep. Tr., # 22 Proposed Order)(Auvil, Walt) |
| 05/31/2022 | 255 | MEMORANDUM OF LAW by Shauntae Anderson, Christopher Fain in support of 254 MOTION by Shauntae Anderson, Christopher Fain to Exclude Expert Testimony of Stephen B. Levine M.D. (Auvil, Walt) |
| 06/01/2022 | 256 | ORDER GRANTING JOINT MOTION TO FILE EXHIBITS UNDER SEAL granting the parties’ 245 JOINT MOTION to File Exhibits Under Seal; directing that paragraphs 47-93 of Exhibit A and paragraphs 3(a)-(v) and 5(a)-(q) of Exhibit B to the Parties’ motion are ACCEPTED UNDER SEAL. Signed by Judge Robert C. Chambers on 6/1/2022. (cc: counsel of record; any unrepresented parties) (jsa) |
| 06/01/2022 | 257 | EXHIBIT A – Paragraphs 47-93 and EXHIBIT B – Paragraphs 3(a)-(v) and 5(a)-(q) filed by Shauntae Anderson, Cynthia Beane, William Crouch, Christopher Fain, West Virginia Department of Health and Human Resources, Bureau for Medical Services; filed under seal pursuant to the 256 Order. (Attachment: # 1 Exhibit B) (jsa) |
| 06/10/2022 | 258 | CORRECTED STIPULATION OF PLAINTIFFS AND DEFENDANTS by Christopher Fain, Shauntae Anderson, William Crouch, Cynthia Beane, West Virginia Department of Health and Human Resources, Bureau for Medical Services; the parties correct and supersede the 228 Stipulation. (Bandy, Kimberly) (Modified on 6/10/2022 to add party filers) (mkw). |
| 06/14/2022 | 259 | RESPONSE by Cynthia Beane, William Crouch, West Virginia Department of Health and Human Resources, Bureau for Medical Services in opposition to 248 MOTION by Shauntae Anderson, Christopher Fain for Class Certification Pursuant to Fed. R. Civ. P. 23. (Green, Roberta) (Modified on 6/15/2022 to remove link to #249 memorandum) (mkw). |
| 06/14/2022 | 260 | RESPONSE by Cynthia Beane, William Crouch, West Virginia Department of Health and Human Resources, Bureau for Medical Services in opposition to 254 MOTION by Shauntae Anderson, Christopher Fain to Exclude Expert Testimony of Stephen B. Levine M.D. (Attachment: # 1 Exhibit A)(David, Caleb) (Modified on 6/15/2022 to remove link to #255 memorandum) (mkw). |
| 06/14/2022 | 261 | RESPONSE by Cynthia Beane, William Crouch, West Virginia Department of Health and Human Resources, Bureau for Medical Services in opposition to 250 MOTION by Shauntae Anderson, Christopher Fain for Summary Judgment. (Attachments: # 1 Exhibit 19-A, # 2 Exhibit 19-B)(Bandy, Kimberly) (Modified on 6/15/2022 to remove link to #251 memorandum and to replace image for attachment #2) (mkw). |
| 06/14/2022 | 262 | OPPOSITION by Shauntae Anderson, Christopher Fain to 252 MOTION by Cynthia Beane, William Crouch, West Virginia Department of Health and Human Resources, Bureau for Medical Services for Summary Judgment. (Attachments: # 1 Affidavit of Walt Auvil (Supplemental), # 2 Exhibit 34 InterQual, Male Mammoplasty, # 3 Exhibit 35 InterQual, Adolescent Mammoplasty, # 4 Exhibit 36 Anderson Dep. Tr. Excerpt, # 5Exhibit 37 Kadel v. Folwell, slip op.)(Auvil, Walt) |
| 06/15/2022 | NOTICE OF DOCKET CORRECTION re: 261 RESPONSE. Error: The image for attachment #2 was missing the pages of the exhibit. Correction: Replaced incorrect image with correct image. (mkw) | |
| 06/21/2022 | 263 | REPLY by Shauntae Anderson, Christopher Fain to 259 Response In Opposition. (Auvil, Walt) |
| 06/21/2022 | 264 | REPLY by Cynthia Beane, William Crouch, West Virginia Department of Health and Human Resources, Bureau for Medical Services to Plaintiffs’ 262 Opposition. (Bandy, Kimberly) |
| 06/21/2022 | 265 | REPLY MEMORANDUM by Shauntae Anderson, Christopher Fain to 261Response In Opposition. (Auvil, Walt) |
| 06/21/2022 | 266 | REPLY MEMORANDUM OF LAW by Shauntae Anderson, Christopher Fain to 260 Response In Opposition. (Attachments: # 1 Declaration of Carl S. Charles, # 2 Exhibit U – Olson-Kennedy Deposition Transcript)(Auvil, Walt) |
| 06/27/2022 | 267 | ORDER canceling the current hearing set for 7/11/2022 and rescheduling the hearing for 7/13/2022 at 1 p.m. in Huntington; the Court intends to hear argument on the cross-motions for summary judgment at 1 p.m. and will hear argument on the motion for class certification immediately thereafter; granting permission for Plaintiffs’ attorney to appear virtually to argue the motion for class certification. Signed by Judge Robert C. Chambers on 6/27/2022. (cc: counsel of record; any unrepresented parties) (jsa) |
| 07/13/2022 | 268 | CASE MANAGEMENT CONFERENCE held by Judge Robert C. Chambers on 7/13/2022; Court Reporter: Kathy Swinhart. (trj) |
| 07/27/2022 | 269 | TRANSCRIPT OF PROCEEDINGS of Case Management Conference held on July 13, 2022, before Judge Robert C. Chambers. Court Reporter Kathy Swinhart, Telephone number 304-528-7583. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due 8/8/2022. Redaction Request due 8/17/2022. Redacted Transcript Deadline set for 8/29/2022. Release of Transcript Restriction set for 10/25/2022. (kls) |
| 08/02/2022 | 270 | MEMORANDUM OPINION AND ORDER granting Plaintiffs’ 248 MOTION for Class Certification. Signed by Judge Robert C. Chambers on 8/2/2022. (cc: counsel of record; any unrepresented parties) (jsa) |
| 08/02/2022 | 271 | MEMORANDUM OPINION AND ORDER granting Plaintiffs’ 250 MOTION for Summary Judgment and denying Defendants’ 252 MOTION for Summary Judgment; denying as moot the 254 MOTION to Exclude Expert Testimony of Stephen B. Levine, M.D. Signed by Judge Robert C. Chambers on 8/2/2022. (cc: counsel of record; any unrepresented parties) (jsa) |
| 08/17/2022 | 272 | JOINT STATUS REPORT by Shauntae Anderson, Christopher Fain, William Crouch, Cynthia Beane, West Virginia Department of Health and Human Resources, Bureau for Medical Services. (Attachment: # 1 Proposed Judgment Order)(Auvil, Walt) (Modified on 8/17/2022 to add party filers) (mkw). |
| 08/17/2022 | 273 | JUDGMENT ORDER directing that judgment is entered in favor of plaintiffs Christopher Fain, Shauntae Anderson, and the certified Rule 23 Class against defendants William Crouch, Cynthia Beane, and the West Virginia Department of Health and Human Resources, Bureau for Medical Services (the State actors and agencies responsible for administering the Medicaid Program in West Virginia) declaring that the West Virginia State Medicaid Program’s exclusion of gender-confirming surgical treatment for transgender West Virginia Medicaid participants violates the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution; Section 1557 of the Patient Protection and Affordable Care Act, 42 U.S.C. § 18116; the Medicaid Act’s Availability Requirement, 42 U.S.C. § 1396a(a)(10)(A); and the Medicaid Act’s Comparability Requirement, 42 U.S.C. § 1396a(a)(10)(B); further directing that defendants William Crouch, Cynthia Beane, and the West Virginia Department of Health and Human Resources, Bureau for Medical Services are PERMANENTLY ENJOINED from enforcing or applying the exclusion; further directing that plaintiffs shall have up to and including 45 days after the date of entry of this judgment to file a bill of costs, and a motion for attorney’s fees and costs; further directing that the court retains jurisdiction to enforce the judgment. Signed by Judge Robert C. Chambers on 8/17/2022. (cc: attys; any unrepresented party) (mkw) |
| 08/17/2022 | 274 | TRANSMITTED CERTIFIED COPY of 273 Judgment Order to attorneys and any unrepresented party. (mkw) |
| 08/26/2022 | 275 | LETTER to Clerk of Court, from Brianna Ann Sunshine (non-party) dated 8/23/2022, re: requesting docket sheet and documents. (kew) |
| 08/31/2022 | 276 | LETTER to Brianna Ann Sunshine, from Rory L. Perry II dated 8/31/2022, re: 275 letter requesting docket sheet and documents. (klc) |
| 08/31/2022 | 277 | NOTICE OF APPEAL WITH FEE PAID by Cynthia Beane, William Crouch, West Virginia Department of Health and Human Resources, Bureau for Medical Services as to 270 Memorandum Opinion and Order, 271 Memorandum Opinion and Order and 273 Judgment Order. Filing Fee $505. Receipt # AWVSDC-8261232. (Bandy, Kimberly) |
| 09/01/2022 | 278 | TRANSMITTAL OF NOTICE OF APPEAL TO 4CCA via APPEAL TRANSMITTAL SHEET re: 277 Notice of Appeal to the 4CCA of 270 Memorandum Opinion and Order, 271 Memorandum Opinion and Order and 273 Judgment Order. (cla) |
| 09/06/2022 | 279 | NOTICE OF APPELLATE CASE OPENING BY 4CCA re: 277 Notice of Appeal to the 4CCA, in 4CCA Case No. 22-1927. Case Manager: Richard H. Sewell. (jsa) |
| 09/06/2022 | 280 | LETTER to Clerk of Court, from Brianna Ann Sunshine (non-party) dated 9/1/2022, re: requesting documents from docket sheet. (kew) |
| 09/08/2022 | 281 | NOTICE OF CHANGE OF ATTORNEY INFORMATION by Avatara Antoinette Smith-Carrington updating name and/or firm information on behalf of Shauntae Anderson, Christopher Fain. (Smith-Carrington, Avatara) |
| 09/12/2022 | 282 | LETTER to Brianna Ann Sunshine, from Rory L. Perry II dated 9/12/2022, re: 280 letter requesting documents from docket sheet. (klc) |
| 09/30/2022 | 283 | PROPOSED BILL OF COSTS by Shauntae Anderson, Christopher Fain (Attachments: # 1 Exhibit A – Itemization of Transcript Costs, # 2 Exhibit B – Transcript Invoices)(Auvil, Walt) |
| 09/30/2022 | 284 | MOTION by Shauntae Anderson, Christopher Fain for Attorneys’ Fees and Expenses. (Attachments: # 1 Affidavit of Avatara Smith-Carrington, # 2 Exhibit A to Smith-Carrington Decl. Smith-Carrington CV, # 3 Exhibit B to Smith-Carrington Decl. Smith-Carrington Time Record, # 4 Exhibit C to Smith Carrington Decl. Borelli Time Record, # 5 Exhibit D to Smith-Carrington Decl. Charles Time Record, # 6 Exhibit E to Smith-Carrington Decl. Buchert Time Record, # 7 Exhibit F to Smith-Carrington Decl. Huppert Time Record, # 8 Exhibit G to Smith-Carrington Decl. Clanton-Lockhart Time Record, # 9 Exhibit H to Smith-Carrington Decl. Itemized Costs, # 10 Affidavit of Anna Prakash, # 11 Exhibit A to Prakash Decl. Nichols Kaster Time Record, # 12 Affidavit of Walt Auvil, # 13 Exhibit A to Auvil Decl. Employment Law Center Time Record, # 14 Affidavit of Amy C. Crossan, # 15 Affidavit of Michael J. Farrell, # 16 Proposed Order)(Auvil, Walt) |
| 09/30/2022 | 285 | MEMORANDUM OF LAW by Shauntae Anderson, Christopher Fain in support of 284 MOTION by Shauntae Anderson, Christopher Fain for Attorneys’ Fees and Expenses. (Auvil, Walt) (Modified on 9/30/2022 to remove link to #283 bill of costs) (mkw). |
| 10/14/2022 | 286 | RESPONSE by Cynthia Beane, William Crouch, West Virginia Department of Health and Human Resources, Bureau for Medical Services in opposition to 284 MOTION by Shauntae Anderson, Christopher Fain for Attorneys’ Fees and Expenses (David, Caleb) |
| 10/21/2022 | 287 | REPLY MEMORANDUM by Shauntae Anderson, Christopher Fain to 286 Response In Opposition. (Attachment: # 1 Affidavit Declaration of T. Borelli)(Auvil, Walt) |
| 03/22/2023 | 288 | ORDER OF 4CCA as to 277 Notice of Appeal to the 4CCA, granting Nicole J. Schladt’s motion to withdraw from further representation on appeal in 4CCA Case No. 22-1927. (mkw) |
| 04/12/2023 | 289 | ORDER OF 4CCA as to 277 Notice of Appeal to the 4CCA in 4CCA Case No. 22-1927; directing that rehearing en banc is granted upon a sua sponte poll of the court, in which a majority of judges in regular active service and not disqualified voted to rehear this case en banc; the parties shall file 16 additional paper copies of their briefs and appendices previously filed in this case within 10 days. (jsa) |
| 04/25/2023 | 290 | MOTION by Plaintiffs’ counsel, Walt Auvil, to Withdraw Nicole J. Schladt as counsel on behalf of Shauntae Anderson, Christopher Fain. (Attachment: # 1 Proposed Order)(Auvil, Walt) |
| 04/26/2023 | 291 | ORDER granting Plaintiffs’ 290 MOTION to Withdraw Nicole Jean Schladt as counsel on behalf of Shauntae Anderson, Christopher Fain. Signed by Judge Robert C. Chambers on 4/26/2023. (cc: counsel of record; any unrepresented parties) (jsa) |
| 05/10/2023 | 292 | MOTION by Christopher Fain, Shauntae Anderson to Withdraw Avatara Smith-Carrington as counsel on behalf of Shauntae Anderson, Christopher Fain. (Attachment: # 1 Proposed Order)(Auvil, Walt) |
| 05/10/2023 | 293 | ORDER OF 4CCA as to 277 Notice of Appeal to the 4CCA, granting the motion to withdraw from further representation on appeal in 4CCA Case No. 22-1927. (mkw) |
| 05/11/2023 | 294 | ORDER granting 292 MOTION by Christopher Fain, Shauntae Anderson to Withdraw Avatara Smith-Carrington as counsel on behalf of Shauntae Anderson, Christopher Fain; Attorney Avatara Antoinette Smith-Carrington terminated. Signed by Judge Robert C. Chambers on 5/11/2023. (cc: attys; any unrepresented party) (mkw) |
| 08/31/2023 | 295 | ORDER OF 4CCA as to 277 Notice of Appeal to the 4CCA in 4CCA Case No. 22-1927; granting attorney Carl S. Charles’ motion to withdraw from further representation on appeal. (jsa) |
| 09/07/2023 | 296 | MOTION by Shauntae Anderson, Shawn Anderson, Christopher Fain, Leann James, Zachary Martell, Brian McNemar to Withdraw Carl S. Charles as Counsel. (Attachment: # 1 Proposed Order)(Auvil, Walt) |
| 09/08/2023 | 297 | ORDER granting Plaintiffs’ 296 MOTION to Withdraw Carl S. Charles as Counsel. Signed by Judge Robert C. Chambers on 9/8/2023. (cc: counsel of record; any unrepresented parties) (skm) |
Last updated 03/13/2024
Reconciled with online docket 02/27/2024