Case: Julia M. v. Scott

2:07-cv-04036 | U.S. District Court for the Western District of Missouri

Filed Date: Feb. 15, 2007

Closed Date: Oct. 15, 2008

Clearinghouse coding complete

Case Summary

This is a class action filed in the Western District of Missouri, in which the plaintiffs are seeking to prevent the state from disenrolling recipients in Missouri's State Children's Health Insurance Program (SCHIP) who fail to meet their premium requirements without first notifying them of their right to appeal and to continue to receive program benefits pending the outcome of the appeal. The defendants are the Missouri Department of Social Services, and the interim directors of the state Fam…

This is a class action filed in the Western District of Missouri, in which the plaintiffs are seeking to prevent the state from disenrolling recipients in Missouri's State Children's Health Insurance Program (SCHIP) who fail to meet their premium requirements without first notifying them of their right to appeal and to continue to receive program benefits pending the outcome of the appeal. The defendants are the Missouri Department of Social Services, and the interim directors of the state Family Support Division and the state Division of Medical Services. According to the named plaintiff, Julia M., Missouri terminated the benefits of her minor child, when, after a series of bank errors, the monthly premium was not deducted from Julia M.'s account in a timely fashion. Julie M. received the notice after the benefits already had been terminated. While the notice indicated a right to appeal, it did not indicate a right to continue benefits pending the outcome of the appeal or that the state had conducted any evaluation to determine eligibility for other benefits.

On June 25, 2007, the District Court (Judge Nanette K. Laughrey) certified the class, defining it as "[a]ll children residing in Missouri and who are receiving or who will receive [Missouri SCHIP] health coverage and are required to pay a premium under [state law]."

Judge Laughrey, however, did not immediately rule on the request of the representative plaintiff, identified as Julia M., to issue a preliminary injunction requiring the Missouri Department of Social Services to provide recipients with sufficient notice of disenrollment and continued benefits pending any appeal.

On February 2, 2008, the parties signed a Consent Decree in which the Defendants agreed to notify participants in SCHIP who have fallen behind in their payments. The notification must tell the participant that he/she has a right to appeal, and that during the appeals process he/she is entitled to continued benefits until the matter is resolved. Defendants also agreed to pay the plaintiffs over $165,000 in attorneys fees and expenses.

The Court was to retain jurisdiction until October 15, 2008 in order to monitor the execution of the Consent Decree.

Summary Authors

Joshua Arocho (6/26/2012)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4734237/parties/jwm-v-scott/


Judge(s)

Laughrey, Nanette Kay (Missouri)

Attorney for Plaintiff

Cohan, Marc (New York)

Hitov, Steven A (District of Columbia)

Attorney for Defendant

Dodge, Emily A. (Missouri)

Leyshock, Douglas G. (Missouri)

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Documents in the Clearinghouse

Document

2:07-cv-04036

Docket [PACER]

J.W.M. v. Scott

April 30, 2008

April 30, 2008

Docket
1

2:07-cv-04036

Complaint

Feb. 15, 2007

Feb. 15, 2007

Complaint
39

2:07-cv-04036

Order [Re: Class Certification]

Julia M. ex rel. J.W.M. v. Scott

June 25, 2007

June 25, 2007

Order/Opinion

243 F.R.D. 243

42

2:07-cv-04036

Order [Re: Preliminary Injunction]

July 9, 2007

July 9, 2007

Order/Opinion

498 F.Supp.2d 498

74

2:07-cv-04036

Release and Settlement Agreement

Feb. 8, 2008

Feb. 8, 2008

Settlement Agreement
77

2:07-cv-04036

Order

March 11, 2008

March 11, 2008

Order/Opinion
84

2:07-cv-04036

Order

April 28, 2008

April 28, 2008

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4734237/jwm-v-scott/

Last updated Feb. 9, 2024, 3:10 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against all defendants (Filing fee $350 receipt number 1455288) Service due by 6/18/2007, filed by Petra T. Tasheff on behalf of J.W.M., Julia M.. (Attachments: # 1 Civil Cover Sheet)(Tasheff, Petra) Additional attachment(s) added on 2/15/2007 correct document substituted (James, Carrie). Modified on 2/15/2007 (James, Carrie). (Entered: 02/15/2007)

Feb. 15, 2007

Feb. 15, 2007

2

Motion to allow Marc Cohan to appear pro hac vice (Pro Hac fee $50 receipt number 1455352) filed by Petra T. Tasheff on behalf of all plaintiffs. (Tasheff, Petra) (Entered: 02/15/2007)

Feb. 15, 2007

Feb. 15, 2007

3

Motion to allow Laura Redman to appear pro hac vice (Pro Hac fee $50 receipt number 1455364) filed by Petra T. Tasheff on behalf of all plaintiffs. (Tasheff, Petra) (Entered: 02/15/2007)

Feb. 15, 2007

Feb. 15, 2007

4

Motion to allow Steven Hitov to appear pro hac vice (Pro Hac fee $50 receipt number 1455371) filed by Petra T. Tasheff on behalf of all plaintiffs. (Tasheff, Petra) (Entered: 02/15/2007)

Feb. 15, 2007

Feb. 15, 2007

5

MOTION to certify class and Suggestions in Support filed by Petra T. Tasheff on behalf of all plaintiffs. Suggestions in opposition/response due by 3/2/2007 unless otherwise directed by the court. (Attachments: # 1 Exhibit A# 2 Exhibit B)(Tasheff, Petra) (Entered: 02/15/2007)

Feb. 15, 2007

Feb. 15, 2007

SUMMONS ISSUED as to Deborah E. Scott, Janel Luck, &Steve Renne. (Bax, Laura) (Entered: 02/15/2007)

Feb. 15, 2007

Feb. 15, 2007

6

ORDER denying 2 3 4 motions to appear pro hac vice approved by Clerk of Court. This is a text only entry and will serve as authorization for the pro hac participation by the attorney. No document is attached. Plaintiff will refile corrected motions. (Bax, Laura) (Entered: 02/15/2007)

Feb. 15, 2007

Feb. 15, 2007

NOTICE OF DOCKET MODIFICATION. A modification has been made to the document filed on 2/15/07 as Document No. 1, Complaint. Correct document was substituted. This is a text entry only − no document is attached. (James, Carrie) (Entered: 02/15/2007)

Feb. 15, 2007

Feb. 15, 2007

7

Motion to allow Marc Cohan to appear pro hac vice (Pro Hac fee $50 receipt number 1455352) filed by Petra T. Tasheff on behalf of all plaintiffs. (Tasheff, Petra) (Entered: 02/16/2007)

Feb. 16, 2007

Feb. 16, 2007

8

Motion to allow Laura Redman to appear pro hac vice (Pro Hac fee $50 receipt number 1455364) filed by Petra T. Tasheff on behalf of all plaintiffs. (Tasheff, Petra) (Entered: 02/16/2007)

Feb. 16, 2007

Feb. 16, 2007

9

ORDER granting 7 8 motions to appear pro hac vice approved by Clerk of Court. Attornies Laura F. Redman &Marc Cohan for plaintiffs allowed to appear pro hac vice.This is a text only entry and will serve as authorization for the pro hac participation by the attorney. No document is attached. (Bax, Laura) (Entered: 02/16/2007)

Feb. 16, 2007

Feb. 16, 2007

10

Motion to allow Steven Hitov to appear pro hac vice (Pro Hac fee $50 receipt number 1455371) filed by Petra T. Tasheff on behalf of all plaintiffs. (Tasheff, Petra) (Entered: 02/20/2007)

Feb. 20, 2007

Feb. 20, 2007

11

MOTION for preliminary injunction filed by Petra T. Tasheff on behalf of all plaintiffs. Suggestions in opposition/response due by 3/8/2007 unless otherwise directed by the court. (Attachments: # 1 Affidavit Tasheff Declaration# 2 Exhibit A# 3 Exhibit B# 4 Exhibit C# 5 Exhibit D# 6 Exhibit E# 7 Exhibit F# 8 Exhibit G# 9 Exhibit H)(Tasheff, Petra) (Entered: 02/20/2007)

Feb. 20, 2007

Feb. 20, 2007

12

SUGGESTIONS in support re 11 MOTION for preliminary injunction filed by Petra T. Tasheff on behalf of Plaintiffs J.W.M., Julia M.. (Related document(s) 11 ) (Tasheff, Petra) (Entered: 02/20/2007)

Feb. 20, 2007

Feb. 20, 2007

13

ORDER granting 10 motion to appear pro hac vice approved by Clerk of Court. Attorney Steven A. Hitov for plaintiffs allowed to appear pro hac vice. This is a text only entry and will serve as authorization for the pro hac participation

Feb. 21, 2007

Feb. 21, 2007

15

RETURN OF SERVICE of complaint executed by J.W.M.. Deborah E. Scott served on 2/16/2007, answer due 3/8/2007. (Tasheff, Petra) (Entered: 02/27/2007)

Feb. 27, 2007

Feb. 27, 2007

16

RETURN OF SERVICE of complaint executed by J.W.M., Julia M.. Janel Luck served on 2/16/2007, answer due 3/8/2007. (Tasheff, Petra) (Entered: 02/27/2007)

Feb. 27, 2007

Feb. 27, 2007

17

RETURN OF SERVICE of complaint executed by J.W.M., Julia M.. Steve Renne served on 2/16/2007, answer due 3/8/2007. (Tasheff, Petra) (Entered: 02/27/2007)

Feb. 27, 2007

Feb. 27, 2007

18

RETURN OF SERVICE of complaint executed by J.W.M., Julia M.. (Tasheff, Petra) (Entered: 03/01/2007)

March 1, 2007

March 1, 2007

19

NOTICE of appearance by Douglas G. Leyshock on behalf of Deborah E. Scott, Janel Luck, Steve Renne (Leyshock, Douglas) (Entered: 03/02/2007)

March 2, 2007

March 2, 2007

20

SUGGESTIONS in opposition re 5 MOTION to certify class and Suggestions in Support filed by Douglas G. Leyshock on behalf of Defendants Deborah E. Scott, Janel Luck, Steve Renne. Reply suggestions due by 3/19/2007 unless otherwise directed by the court (Attachments: # 1 Attachment 1)(Related document(s) 5 ) (Leyshock, Douglas) (Entered: 03/02/2007)

March 2, 2007

March 2, 2007

21

MOTION for extension of time to Respond to Request for Preliminary Injuctive Relief and Answer filed by Douglas G. Leyshock on behalf of Deborah E. Scott, Janel Luck, Steve Renne. Suggestions in opposition/response due by 3/23/2007 unless otherwise directed by the court. (Leyshock, Douglas) (Entered: 03/08/2007)

March 8, 2007

March 8, 2007

22

RESPONSE to motion re 21 MOTION for extension of time to Respond to Request for Preliminary Injuctive Relief and Answer filed by Petra T. Tasheff on behalf of Plaintiffs J.W.M., Julia M.. Reply suggestions due by 3/26/2007 unless otherwise directed by the court (Related document(s) 21 ) (Tasheff, Petra) (Entered: 03/09/2007)

March 9, 2007

March 9, 2007

23

ORDER entered by Judge Nanette Laughrey granting 21 MOTION for extension of time to Respond to Request for Preliminary Injuctive Relief and Answer. The deadline is extended to March 19, 2007. (Text entry only − no document attached) (Kanies, Renea) (Entered: 03/13/2007)

March 13, 2007

March 13, 2007

24

REPLY SUGGESTIONS to motion re 5 MOTION to certify class and Suggestions in Support filed by Petra T. Tasheff on behalf of Plaintiffs J.W.M., Julia M.. (Related document(s) 5 ) (Tasheff, Petra) (Entered: 03/19/2007)

March 19, 2007

March 19, 2007

25

SUGGESTIONS in opposition re 11 MOTION for preliminary injunction filed by Douglas G. Leyshock on behalf of Defendants Deborah E. Scott, Janel Luck, Steve Renne. Reply suggestions due by 4/5/2007 unless otherwise directed by the court (Related document(s) 11 ) (Leyshock, Douglas) (Entered: 03/19/2007)

March 19, 2007

March 19, 2007

26

REPLY SUGGESTIONS to motion re 11 MOTION for preliminary injunction filed by Petra T. Tasheff on behalf of Plaintiffs J.W.M., Julia M. Attachments, Exhibit A and B (Related document(s) 11 ) Modified on 4/30/2007 to substitute exhibits with redacted exhibits.(Kanies, Renea). (Entered: 04/05/2007)

April 5, 2007

April 5, 2007

NOTICE OF DOCKET MODIFICATION. A modification has been made to the document filed on 4/5/2007 as Document No. 26, REPLY suggestions to Motion for Preliminary Injunciton. The exhibit attachments were substituted with redacted exhibits. This is a text entry only − no document is attached. (Kanies, Renea) (Entered: 04/30/2007)

April 30, 2007

April 30, 2007

27

ORDER entered by Judge Nanette Laughrey. Proposed scheduling order due by 5/18/2007, rule 26 conference due by 5/11/2007. (Kanies, Renea) (Entered: 05/01/2007)

May 1, 2007

May 1, 2007

28

MOTION for leave to file Answer filed by Douglas G. Leyshock on behalf of Deborah E. Scott, Janel Luck, Steve Renne. Suggestions in opposition/response due by 5/18/2007 unless otherwise directed by the court. (Leyshock, Douglas) (Entered: 05/03/2007)

May 3, 2007

May 3, 2007

29

ANSWER to Complaint filed by Douglas G. Leyshock on behalf of Defendants Deborah E. Scott, Janel Luck, Steve Renne.(Leyshock, Douglas) (Entered: 05/03/2007)

May 3, 2007

May 3, 2007

30

ORDER entered by Judge Nanette Laughrey granting 28 Motion for Leave to File Answer. (Text entry only − no document attached) (Kanies, Renea) (Entered: 05/03/2007)

May 3, 2007

May 3, 2007

31

ORDER SETTING ORAL ARGUMENT. Oral arguments will be heard in this case on Tuesday, May 8, 2007, at 3:00 p.m. The hearing will be held by telephone and the parties will have 15 minutes each to present their arguments. The parties shall email my assistant, Fran Smith (Fran_Smith@mow.uscourts.gov), 24 hours in advance, to advise her of the number where they may be reached for the hearing.(Smith, Fran) (Entered: 05/04/2007)

May 4, 2007

May 4, 2007

32

Minute Entry. Proceedings held before Judge Nanette K. Laughrey : TELEPHONE CONFERENCE held on 5/8/2007. Teleconference held. Oral argument presented on the Motion to Certify Class (Doc. 5). The Court will permit the parties leave to file additional briefing within seven days. Oral argument presented on the Motion for Preliminary Injunction (Doc. 11). (Court Reporter Katie Wirt.) (Kanies, Renea) (Entered: 05/08/2007)

May 8, 2007

May 8, 2007

33

SUGGESTIONS in support re 5 MOTION to certify class and Suggestions in Support filed by Petra T. Tasheff on behalf of Plaintiffs J.W.M., Julia M.. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E)(Related document(s) 5 ) (Tasheff, Petra) (Entered: 05/15/2007)

May 15, 2007

May 15, 2007

34

PROPOSED SCHEDULING ORDER , Joint by J.W.M., Julia M.. (Tasheff, Petra) (Entered: 05/15/2007)

May 15, 2007

May 15, 2007

35

SUGGESTIONS in opposition re 5 MOTION to certify class and Suggestions in Support filed by Douglas G. Leyshock on behalf of Defendants Deborah E. Scott, Janel Luck, Steve Renne. Reply suggestions due by 6/1/2007 unless otherwise directed by the court (Related document(s) 5 ) (Leyshock, Douglas) (Entered: 05/15/2007)

May 15, 2007

May 15, 2007

36

SCHEDULING ORDER:Discovery due by 11/30/2007. Dispositive Motions due by 1/4/2008. Pretrial Conference set for 4/24/2008 at 03:00 PM in District Courtroom, Jefferson City(djc). Jury Trial set for 5/5/2008 at 09:00 AM in District Courtroom, Jefferson City(djc) before Judge Nanette Laughrey. (Attachments: # 1 Memo on PTC)(Kanies, Renea) (Entered: 05/23/2007)

May 23, 2007

May 23, 2007

37

RULES OF TRIAL entered by Judge Nanette Laughrey. (Kanies, Renea) (Entered: 05/23/2007)

May 23, 2007

May 23, 2007

38

Notice of EAPJ (Attachments: # 1 General Order)(Bax, Laura) (Entered: 06/20/2007)

June 20, 2007

June 20, 2007

39

ORDER entered by Judge Nanette Laughrey. Plaintiffs' Motion for Class Certification [Doc. # 5] is GRANTED. The Court CERTIFIES a CLASS to be represented by Plaintiffs consisting of All children residing in Missouri and who are receiving or who will receive MC+ health coverage and are required to pay a premium under Mo. Rev. Stat. § 208.640. It is further ORDERED that ORAL ARGUMENT on Plaintiffs' Motion for Preliminary Injunction [Doc. # 11] shall be heard by telephone at 10:30 a.m. on July 3, 2007. The parties shall email Renea_Kanies@mow.uscourts.gov to provide a telephone number where they can be reached at for the call. (Kanies, Renea)

June 25, 2007

June 25, 2007

RECAP
40

ORDER SETTING TELECONFERENCE. Oral Argument on Plaintiffs' Motion for Preliminary Injunction [Doc. # 11] shall be heard by telephone at 10:30 a.m. on July 3, 2007. The parties shall email Renea_Kanies@mow.uscourts.gov to provide a telephone number where they can be reached at for the call. (Text entry only − no document attached) (Kanies, Renea) (Entered: 06/26/2007)

June 26, 2007

June 26, 2007

42

ORDER entered by Judge Nanette Laughrey. Plaintiffs' Motions for Preliminary Injunction [Doc. # 11] is GRANTED. Defendants are ENJOINED from terminating any class members benefits for nonpayment without mailing a notice of pending termination to the recipient ten days prior to the termination which informs the recipient of her right to request a hearing within ten days and to receive continued benefits pending the outcome of that hearing. Defendants are further ENJOINED to conduct ex parte reviews of individual recipients' eligibility under any other Medicaid program prior to termination of benefits. (Kanies, Renea)

July 9, 2007

July 9, 2007

RECAP
43

CERTIFICATE OF SERVICE by all plaintiffs filed by Laura F. Redman on behalf of Plaintiffs J.W.M., Julia M..(Redman, Laura) (Entered: 09/28/2007)

Sept. 28, 2007

Sept. 28, 2007

44

CERTIFICATE OF SERVICE by all plaintiffs filed by Laura F. Redman on behalf of Plaintiffs J.W.M., Julia M..(Redman, Laura) (Entered: 09/28/2007)

Sept. 28, 2007

Sept. 28, 2007

45

CERTIFICATE OF SERVICE by all plaintiffs filed by Laura F. Redman on behalf of Plaintiffs J.W.M., Julia M..(Redman, Laura) (Entered: 09/28/2007)

Sept. 28, 2007

Sept. 28, 2007

46

NOTICE of hearing:Mediation set for 11/19/2007 01:00 PM in Magistrate Courtroom, Jefferson City (WAK) before Judge William Knox. (Bax, Laura) (Entered: 10/19/2007)

Oct. 19, 2007

Oct. 19, 2007

47

NOTICE FROM THE COURT. The portion of CM/ECF responsible for noticing failed from Friday, Oct 19 through 11:00 AM Monday Oct 22. Our records indicate that there was at least one entry in this case during that time frame. All attorneys of record in this case should have received an actual email from the court with the document attached. All secondary email recipients who wish to view filings will be required to access the case through PACER and incur the indicated fees for doing so. We apologize for any inconvience." (Price, Jackie) (Entered: 10/22/2007)

Oct. 22, 2007

Oct. 22, 2007

48

NOTICE of CANCELLATION OF MEDIATION HEARING previously set for 11/19/07. Mediation will be rescheduled. (Bax, Laura) (Entered: 10/26/2007)

Oct. 26, 2007

Oct. 26, 2007

49

Mediation Hearing set for 12/12/2007 at 10:00 AM in Magistrate Courtroom, Jefferson City (WAK) before Judge William Knox. (Bax, Laura) (Entered: 11/05/2007)

Nov. 5, 2007

Nov. 5, 2007

50

ORDER SETTING TELECONFERENCE (text entry only − no document attached). A telephone Conference is set for Monday, 11/26/2007, at 11:30 AM, before Judge Nanette Laughrey regarding discovery disputes. The parties shall fax a one page summary of the discovery dispute to 573−636−5108, by 4:00 PM today. The parties shall email Fran Smith (Fran_Smith@mow.uscourts.gov), 24 hours in advance, to provide a phone number where they can be reached for the conference.(Smith, Fran) (Entered: 11/21/2007)

Nov. 21, 2007

Nov. 21, 2007

51

AMENDED ORDER SETTING TELECONFERENCE (text entry only − no document attached). The Telephone Conference previously set for 11/26/2007, is RESET for Wednesday, 11/28/2007, at 03:30 PM, before Judge Nanette Laughrey regarding discovery disputes. The parties shall fax a one page summary of the discovery dispute to 573−636−5108, 24 hours in advance of the conference. The parties shall email Fran Smith (Fran_Smith@mow.uscourts.gov), 24 hours in advance, to provide a phone number where they can be reached for the conference.(Smith, Fran) (Entered: 11/21/2007)

Nov. 21, 2007

Nov. 21, 2007

52

MOTION for extension of time to complete discovery filed by Douglas G. Leyshock on behalf of Deborah E. Scott, Janel Luck, Steve Renne. Suggestions in opposition/response due by 12/6/2007 unless otherwise directed by the court. (Leyshock, Douglas) (Entered: 11/21/2007)

Nov. 21, 2007

Nov. 21, 2007

53

SECOND AMENDED ORDER SETTING TELECONFERENCE. The Telephone Conference previously set for 11/28/2007, is RESET for Thursday, 11/29/2007, at 02:45 PM, before Judge Nanette Laughrey regarding discovery disputes. The parties shall fax a one page summary of the discovery dispute to 573−636−5108, 24 hours in advance of the conference. The parties shall email Fran Smith (Fran_Smith@mow.uscourts.gov), 24 hours in advance, to provide a phone number where they can be reached for the conference. (Text entry only − no document attached) (Kanies, Renea) (Entered: 11/27/2007)

Nov. 27, 2007

Nov. 27, 2007

54

NOTICE of appearance by Emily A. Dodge on behalf of Deborah E. Scott, Janel Luck, Steve Renne (Dodge, Emily) (Entered: 11/28/2007)

Nov. 28, 2007

Nov. 28, 2007

55

Minute Entry. Proceedings held before Judge Nanette K. Laughrey : Teleconference held regarding a Motion for Enlargement of Time (Doc. 52). The parties requested a 60 day extension of time. The parties agreed this is a bench tried case. The parties understood that if the Court moves the deadlines back 60 days the dispositive motions will be taken with the trial. The Court will move all discovery deadlines back 60 days. All other deadlines remain unchanged.The Court ordered the defendant to respond to plaintiffs document requests and interrogatories filed September 28, 2007 by December 10, 2007. The defendant shall notify plaintiff before December 10, 2007 if there are any problems providing the information. (Court Reporter None.) (Kanies, Renea) (Entered: 11/29/2007)

Nov. 29, 2007

Nov. 29, 2007

56

AMENDED SCHEDULING ORDER:Discovery due by 1/29/2008. Dispositive Motions due by 3/4/2008. Pretrial Conference set for 5/5/2008 AT 08:30 AM in District Courtroom, Jefferson City. Bench Trial set for 5/5/2008 AT 09:00 AM in District Courtroom, Jefferson City(djc) before Judge Nanette Laughrey. (Attachments: # 1 Memo on PTC)(Kanies, Renea) (Entered: 11/29/2007)

Nov. 29, 2007

Nov. 29, 2007

57

CERTIFICATE OF SERVICE by Deborah E. Scott, Janel Luck, Steve Renne Response ro Plaintiffs' First Interrogatories and Request for Production of Documents filed by Emily A. Dodge on behalf of Defendants Deborah E. Scott, Janel Luck, Steve Renne.(Dodge, Emily) (Entered: 12/07/2007)

Dec. 7, 2007

Dec. 7, 2007

58

CERTIFICATE OF SERVICE by Deborah E. Scott, Janel Luck, Steve Renne Defendants' Response to Plaintiffs' First Interrogatories and Request for Production of Documents to Defendant Missourt Department of Social Services filed by Emily A. Dodge on behalf of Defendants Deborah E. Scott, Janel Luck, Steve Renne.(Dodge, Emily) (Entered: 12/07/2007)

Dec. 7, 2007

Dec. 7, 2007

59

CERTIFICATE OF SERVICE by Deborah E. Scott, Janel Luck, Steve Renne response to Plaintiffs' First Interrogatories and Request for Production of Documents to Defendant Missouri Family Support Division filed by Emily A. Dodge on behalf of Defendants Deborah E. Scott, Janel Luck, Steve Renne.(Dodge, Emily) (Entered: 12/07/2007)

Dec. 7, 2007

Dec. 7, 2007

60

TRANSCRIPT of Teleconference regarding preliminary injunction held on July 3, 2007 before Judge Nanette K. Laughrey. Court Reporter: Kathleen M. Wirt. (Carr, Lori) Modified on 2/3/2010 to add transcript; paper copy purged (Price, Jackie). (Entered: 12/10/2007)

Dec. 7, 2007

Dec. 7, 2007

61

NOTICE of hearing: The mediation previously scheduled for 10:00 on December 12, 2007, will be held by telephone. (Bax, Laura) (Entered: 12/11/2007)

Dec. 11, 2007

Dec. 11, 2007

62

Minute Entry of confidiential settlement negotiations held before Judge William A. Knox on 12/12/2007. Negotiations on−going. Follow−up phone conference to be scheduled for 10:00 am on December 20, 2007. Plaintiff should initiate this call and telephone the court last at 573−634−3418. TEXT ENTRY ONLY − no document is attached. (Court Reporter Price FTR − 1o mins) (Price, Jackie) (Entered: 12/13/2007)

Dec. 12, 2007

Dec. 12, 2007

63

AMENDED NOTICE of Status Conference reset for **12/19/2007 02:15 PM in Magistrate Courtroom, Jefferson City (WAK) before Judge William Knox. Plaintiff to initiate the call. TEXT ENTRY ONLY − no document is attached. Conflicts to Jackie at 573−636−4015. (Price, Jackie) (Entered: 12/17/2007)

Dec. 17, 2007

Dec. 17, 2007

64

Minute Entry. Settlement proceedings held before Judge William A. Knox on 12/19/2007. Negotiations ongoing. Follow−up telephone conference to be scheduled on 12/21/2007 at 9:00 a.m.. TEXT ENTRY ONLY − no document attached. (Bode, Kay) (Entered: 01/09/2008)

Dec. 19, 2007

Dec. 19, 2007

66

Minute Entry. Settlement proceedings held before Judge William A. Knox on 1/2/2008. Negotiations ongoing. Follow−up telephone conference to be scheduled for 1:30 p.m., 1/7/2008. TEXT ENTRY ONLY − No document attached. (Bode, Kay) (Entered: 01/09/2008)

Jan. 2, 2008

Jan. 2, 2008

67

Minute Entry. Settlement proceedings held before Judge William A. Knox on 1/7/2008. Negotiations ongoing. Follow−up telephone conference scheduled for 1/9/2008 at 1:00 p.m. TEXT ENTRY ONLY − No document attached. (Bode, Kay) (Entered: 01/09/2008)

Jan. 7, 2008

Jan. 7, 2008

68

Minute Entry. Settlement proceedings held before Judge William A. Knox on 1/9/2008. Negotiations ongoing. Follow−up telephone conference scheduled on 1/11/2008 at 9:00 a.m. TEXT ENTRY ONLY − No document attached. (Bode, Kay) (Entered: 01/09/2008)

Jan. 9, 2008

Jan. 9, 2008

Minute Entry. Settlement proceedings held before Judge William A. Knox on 1/11/2008. Settlement appears promising. Follow−up telephone conference scheduled on 1/15/2008 at 1:30 p.m. TEXT ENTRY ONLY − No document attached. (Bode, Kay) (Entered: 01/11/2008)

Jan. 11, 2008

Jan. 11, 2008

69

ORDER by Judge Nanette Laughrey (text entry only − no document attached). Discovery deadline is extended to and including February 1, 2008. All other deadlines remain unchanged.(Smith, Fran) (Entered: 01/11/2008)

Jan. 11, 2008

Jan. 11, 2008

70

Minute Entry. Settlement proceedings held before Judge William A. Knox on 1/15/2008. Negotiations ongoing. Follow−up telephone conference scheduled on 1/17/2008 at 2:30 p.m. TEXT ENTRY ONLY −− No document attached. (Bode, Kay) (Entered: 01/17/2008)

Jan. 15, 2008

Jan. 15, 2008

71

ORDER entered by Judge Nanette Laughrey. At the request of the parties, the discovery deadline is extended to February 8, 2008. All other deadlines, however, remain the same. No further extensions will be granted. (Text entry only − no document attached) (Kanies, Renea) (Entered: 01/28/2008)

Jan. 28, 2008

Jan. 28, 2008

72

Minute Entry of confidential settlement hearing held before Magistrate Judge William A. Knox on 2/1/2008. CASE SETTLED. Fairness hearing to be held before Judge Laughrey. Marc Cohan, Laura Redman and Emily Dodge participated via telephone. TEXT ENTRY ONLY − no document is attached. (Court Reporter Price − FTR 15 mins) (Price, Jackie) (Entered: 02/04/2008)

Feb. 1, 2008

Feb. 1, 2008

73

ORDER SETTING TELECONFERENCE. A Telephone Conference is set for 2/13/2008 at 11:00 AM before Judge Nanette Laughrey to discuss scheduling a fairness hearing. (Text entry only − no document attached) (Kanies, Renea) (Entered: 02/06/2008)

Feb. 6, 2008

Feb. 6, 2008

74

SETTLEMENT AGREEMENT and Proposed Order by J.W.M., Julia M.. (Redman, Laura) (Entered: 02/08/2008)

Feb. 8, 2008

Feb. 8, 2008

75

Minute Entry. Proceedings held before District Judge Nanette K. Laughrey: TELEPHONE CONFERENCE held on 2/13/2008. Teleconference held. The Court was informed by Judge Knox that the case has been settled and a fairness hearing needs to be scheduled. The parties have agreed upon notice to the certified class. The Court ordered the parties to file a proposed stipulation and order regarding the notice to class members through publication and posting.A fairness hearing is tentatively set for April 18, 2008, at 9:00 a.m. (Court Reporter None.) (Kanies, Renea) (Entered: 02/13/2008)

Feb. 13, 2008

Feb. 13, 2008

76

STIPULATION of Proposed Rule 23(e) Order and attached Notice to Class of Proposed Settlement by J.W.M., Julia M., Deborah E. Scott, Janel Luck, Steve Renne. (Attachments: # 1 Appendix Notice to Class of Proposed Settlement)(Redman, Laura) (Entered: 03/03/2008)

March 3, 2008

March 3, 2008

78

NOTICE of Telephone Conference set for 3/31/2008 at 3:15 PM or soon thereafter before Judge William Knox to schedule pretrial mediation at Judge Laughrey's request. Court will initiate the call. Parties are advised that the following mediation dates are not available for Judge Knox. April 3, 4, 10, 11, 15am, 16, 17, 18, 21am, 30, May 1 and 2. Counsel should have their calendars available at the conference. Questions can be directed to Jackie at 573−636−4015 or jackie.price@mow.uscourts.gov TEXT ENTRY ONLY − no document is attached. (Price, Jackie) (Entered: 03/14/2008)

March 14, 2008

March 14, 2008

79

NOTICE OF CANCELLATION: Phone conference scheduled for 3/31/08 with counsel to schedule pretrial mediation has been CANCELLED. It will not be rescheduled at this time. TEXT ENTRY ONLY − no document is attached. (Price, Jackie) (Entered: 03/14/2008)

March 14, 2008

March 14, 2008

80

ORDER SETTING MONDAY, MAY 5, 2008, TRIAL DOCKET (TWO−WEEK DOCKET).(Smith, Fran) (Entered: 03/14/2008)

March 14, 2008

March 14, 2008

81

AFFIDAVIT Declaration in Support of Proposed Settlement Agreement by J.W.M., Julia M.. (Redman, Laura) (Entered: 04/04/2008)

April 4, 2008

April 4, 2008

82

AFFIDAVIT re 77 Order,, Declaration Regarding Notice to the Class by J.W.M., Julia M.. (Attachments: # 1 Exhibit A (List of Advocacy Organizations), # 2 Exhibit B (Notice))(Related document(s) 77 ) (Redman, Laura) (Entered: 04/04/2008)

April 4, 2008

April 4, 2008

83

Minute Entry. Proceedings held before District Judge Nanette K. Laughrey: EVIDENTIARY HEARING held on 4/18/2008. Fairness hearing held. The Court found the settlement to be fair adequate and reasonable. The Court will enter an order approving the settlement. Defendants provided to plaintiffs a check for attorney fees and expenses. (Court Reporter Katie Wirt.) (Kanies, Renea) (Entered: 04/18/2008)

April 18, 2008

April 18, 2008

84

Order entered by Judge Nanette Laughrey. The Court finds the proposed settlement with defendants by plaintiffs in the manner set forth in the Release and Settlement Agreement is fair, adequate, and reasonable, and the same is hereby authorized and approved; it is further ORDERED that under Fed. R. Civ. P. 41(a)(2) the claims of the plaintiffs are dismissed in their entirety with prejudice; it is further ORDERED that this Court retains jurisdiction until October 15, 2008, or such later date as may be necessary under Paragraph 16 of the Settlement Agreement, for purposes of enforcement of the Settlement Agreement. Each party to bear its own costs beyond those already apportioned by the settlement agreement. (Kanies, Renea) (Entered: 04/21/2008)

April 21, 2008

April 21, 2008

85

TRANSCRIPT of Proceedings held on 4/18/08 before Nanette K. Laughrey. Court Reporter: Kathleen M. Wirt. (Francis, Alexandra) Modified on 2/3/2010 to add transcript; paper copy purged (Price, Jackie). (Entered: 04/30/2008)

April 30, 2008

April 30, 2008

Case Details

State / Territory: Missouri

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Feb. 15, 2007

Closing Date: Oct. 15, 2008

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All children residing in Missouri and who are receiving or who will receive [Missouri SCHIP] health coverage and are required to pay a premium under [state law]

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Missouri Department of Social Services, State

Missouri Family Support Division, State

Missouri Division of Medical Services, State

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Supremacy Clause

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Implement complaint/dispute resolution process

Reporting

Recordkeeping

Preliminary relief request withdrawn/mooted

Issues

General:

Payment for care

Public benefits (includes, e.g., in-state tuition, govt. jobs)

Record-keeping

Benefit Source:

Medicaid