Case: J.V. v. Lyon

M.R. v. Lyon

M.R. v. Lyon

COMPLAINT - Class Action filed by J.V., on behalf of herself and all others similarly situated against Nick Lyon, in his official capacity only as Executive Director of the Michigan Department of Health and Human Services with Jury Demand. Plaintiff requests summons issued. Fee Required - Fee Not Paid. County of 1st Plaintiff: Macomb - County Where Action Arose: Macomb - County of 1st Defendant: Macomb. [Previously dismissed case: No] [Possible companion case(s): None] (Burrell, Aaron) (Entered: 04/14/2017)

MOTION to Proceed Under A Pseudonym by J.V., on behalf of herself and all others similarly situated. (Burrell, Aaron) (Entered: 04/14/2017)

Notice of Filing Fee Not Paid. Correction due by 4/24/2017 (SOso) (Entered: 04/17/2017)

FILING FEE Received in the amount of $400.00 by All Plaintiffs - Receipt No. DET103030 [No Image Associated with this docket entry] (Huff, W.)

SUMMONS Issued for *Nick Lyon, in his official capacity only as Executive Director of the Michigan Department of Health and Human Services* (Huff, W.) (Entered: 04/19/2017)

NOTICE OF HEARING on 2 MOTION to Proceed Under A Pseudonym. Motion Hearing set for 7/26/2017 02:30 PM before District Judge Denise Page Hood (LSau) (Entered: 04/21/2017)

ATTORNEY APPEARANCE: Joshua S. Smith appearing on behalf of Nick Lyon, in his official capacity only as Executive Director of the Michigan Department of Health and Human Services (Smith, Joshua) (Entered: 04/27/2017)

ATTORNEY APPEARANCE: Kelley Turnock McLean appearing on behalf of Nick Lyon, in his official capacity only as Executive Director of the Michigan Department of Health and Human Services (Turnock McLean, Kelley) (Entered: 04/27/2017)

CERTIFICATE of Service/Summons Returned Executed. Nick Lyon, in his official capacity only as Executive Director of the Michigan Department of Health and Human Services served on 4/21/2017, answer due 5/12/2017. (Burrell, Aaron) (Entered: 05/08/2017)

CERTIFICATE of Service/Summons Returned Executed.. (Burrell, Aaron) (Entered: 05/08/2017)

STIPULATION AND ORDER to Extend Time for Defendant to File Responsive Pleadings and Response to Motion to Proceed Under A Pseudonym as to 2 :( Response due by 6/9/2017) Signed by District Judge Denise Page Hood. (LSau) (Entered: 05/09/2017)

STIPULATED ORDER Granting Plaintiff's Motion to Proceed Under A Pseudonym. Signed by District Judge Denise Page Hood. (LSau) (Entered: 05/19/2017)

TEXT-ONLY NOTICE: Motion Hearing on July 26, 2017 is Cancelled re 5 Notice of Hearing on Motion. (LSau)

NOTICE of Appearance by Robert P. Young, Jr on behalf of J.V., on behalf of herself and all others similarly situated. (Young, Robert) (Entered: 05/24/2017)

STIPULATION AND ORDER to Extend Time for Defendant to File Responsive Pleadings re 1 Complaint, ( Response due by 6/23/2017) Signed by District Judge Denise Page Hood. (LSau) (Entered: 05/31/2017)

STIPULATION AND ORDER to Extend Page Limitations re 1 Complaint,, Set Motion and R&R Deadlines/Hearings as to 1 Complaint, :( Responsive Pleading due by 6/23/2017) Signed by District Judge Denise Page Hood. (TMcg) (Entered: 06/06/2017)

MOTION to Dismiss and/or for Summary Judgment by Nick Lyon, in his official capacity only as Executive Director of the Michigan Department of Health and Human Services. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 - Quarter Watch, # 3 Exhibit 2 - CEP Report, # 4 Exhibit 3 - Kabiri, et al., # 5 Exhibit 4 - Treatment Action Group v FDA-Complaint, # 6 Exhibit 5 - Annals of Internal Medicine-HCV, # 7 Exhibit 6 - Ahmed, et al., # 8 Exhibit 7 - Senate Finance Committee Executive Summary, # 9 Exhibit 8 - National Governors Assn, # 10 Exhibit 9 - SFC Report-Appendix F, # 11 Exhibit 10 - SFC Full Report, # 12 Exhibit 11 -SFC Report-Appendix A, # 13 Exhibit 12 - Express Scripts, # 14 Exhibit 13 - Neff Affidavit, # 15 Exhibit 14 - B.E. v Teeter, # 16 Exhibit 15 - Jackson Order Denying Mtn to Dismiss, # 17 Exhibit 16 - Jackson Docket Sheet, # 18 Exhibit 17 - CMS Release No. 172, # 19 Exhibit 18 - B.E. v Teeter Docket Sheet, # 20 Exhibit 19 - Cunningham v Birch, # 21 Exhibit 20 - J.E.M. v Tidball-Order, # 22 Exhibit 21 - Smith v Capots, # 23 Exhibit 22 - Chart of Private Insurance DAA Coverage, # 24 Exhibit 23 - Fernanders v Dept of Military and Vet Affairs, # 25 Exhibit 24 - MDHHS Prior Authorization Criteria, # 26 Exhibit 25 - Medicaid Provider Manual-Pharmacy, # 27 Exhibit 26 - Hepatitis C Prior Authorization Form, # 28 Exhibit 27 - Denial Letters) (Smith, Joshua) (Entered: 06/23/2017)

NOTICE of Appearance by Randall L. Tatem on behalf of All Plaintiffs. (Tatem, Randall) (Entered: 06/26/2017)

NOTICE OF HEARING on 15 MOTION to Dismiss and/or for Summary Judgment. Motion Hearing set for 9/6/2017 03:00 PM before District Judge Denise Page Hood (LSau) (Entered: 07/07/2017)

STIPULATION AND ORDER to Extend Time to File Responsive Pleading to Defendant's 15 MOTION to Dismiss and/or for Summary Judgment and for Defendant to File a Reply Brief :( Response due by 8/25/2017, Reply due by 9/15/2017, Motion Hearing REset for 10/4/2017 at 3:30 PM before District Judge Denise Page Hood.) Signed by District Judge Denise Page Hood. (TMcg) (Entered: 07/17/2017)

RESPONSE to 15 MOTION to Dismiss and/or for Summary Judgment filed by All Plaintiffs. (Attachments: # 1 Index of Exhibits Index of Exhibits, # 2 Exhibit Exhibit 1, # 3 Exhibit Exhibit 2, # 4 Exhibit Exhibit 3, # 5 Exhibit Exhibit 4, # 6 Exhibit Exhibit 5, # 7 Exhibit Exhibit 6, # 8 Exhibit Exhibit 7, # 9 Exhibit Exhibit 8, # 10 Exhibit Exhibit 9, # 11 Exhibit Exhibit 10, # 12 Exhibit Exhibit 11, # 13 Exhibit Exhibit 12, # 14 Exhibit Exhibit 13, # 15 Exhibit Exhibit 14, # 16 Exhibit Exhibit 15, # 17 Exhibit Exhibit 16, # 18 Exhibit Exhibit 17, # 19 Exhibit Exhibit 18, # 20 Exhibit Exhibit 19, # 21 Exhibit Exhibit 20, # 22 Exhibit Exhibit 21) (Burrell, Aaron) (Entered: 08/25/2017)

REPLY to Response re 15 MOTION to Dismiss and/or for Summary Judgment filed by Nick Lyon, in his official capacity only as Executive Director of the Michigan Department of Health and Human Services. (Smith, Joshua) (Entered: 09/15/2017)

TEXT-ONLY NOTICE: Motion Hearing on October 4, 2017 is Cancelled. (LSau)

STIPULATION AND ORDER for Mediation and to Adjourn Oral Argument. Signed by District Judge Denise Page Hood. (LSau) (Entered: 10/05/2017)

ORDER REFERRING OTHER MATTERS to Magistrate Judge Whalen : Settlement Conference. Signed by District Judge Denise Page Hood. (LSau) (Entered: 10/05/2017)

NOTICE TO APPEAR: Settlement Conference set for 11/30/2017 at 01:30 PM before Magistrate Judge R. Steven Whalen. Please see Notice for additional information. (THac) (Entered: 10/06/2017)

TEXT-ONLY NOTICE: Hearing on 11/30/2017 is Cancelled re 23 Notice to Appear - ***TO BE RESET*** (CCie)

AMENDED NOTICE TO APPEAR: Settlement Conference reset for 1/17/2018 at 01:30 PM before Magistrate Judge R. Steven Whalen. SEE NOTICE FOR ADDITIONAL INFORMATION. (THac) (Entered: 12/05/2017)

Minute Entry for proceedings before Magistrate Judge R. Steven Whalen: Settlement Conference held on 1/17/2018 - Disposition: Settlement reached/Notice of Settlement will be submitted to District Judge. (Court Reporter: Digitally Recorded) (CCie)

STIPULATION AND ORDER for In-Person Status Conference, ( Status Conference set for 3/29/2018 03:00 PM before District Judge Denise Page Hood) Signed by District Judge Denise Page Hood. (LSau) (Entered: 03/07/2018)

ORDER Dismissing Motion Without Prejudice 15 . Signed by District Judge Denise Page Hood. (LSau) (Entered: 03/23/2018)

Minute Entry for proceedings before District Judge Denise Page Hood: Status Conference held on 3/29/2018, [Motion for Preliminary Approval to be filed by 4/30/18] (LSau)

Joint MOTION to Certify Class, Appoint Class Counsel, Approve Notice to Class Members, Grant Preliminary Approval of Proposed Class Action Settlement and Set Date for Fairness Hearing by J.V., on behalf of herself and all others similarly situated. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A-Settlement and Release Agreement, # 3 Exhibit B-Proposed Settlement Notice, # 4 Exhibit C-Order for Notice to the Class, # 5 Exhibit D-Stipulated Order to Certify Class) (Burrell, Aaron) (Entered: 04/16/2018)

NOTICE OF HEARING on 27 Joint MOTION to Certify Class, Appoint Class Counsel, Approve Notice to Class Members, Grant Preliminary Approval of Proposed Class Action Settlement and Set Date for Fairness Hearing. Motion Hearing set for 5/1/2018 03:30 PM before District Judge Denise Page Hood (LSau) (Entered: 04/18/2018)

NOTICE TO APPEAR: Status Conference set for 5/1/2018 03:30 PM before District Judge Denise Page Hood (LSau) (Entered: 04/18/2018)

NOTICE by J.V., on behalf of herself and all others similarly situated re 27 Joint MOTION to Certify Class, Appoint Class Counsel, Approve Notice to Class Members, Grant Preliminary Approval of Proposed Class Action Settlement and Set Date for Fairness Hearing Notice of Corrected Exhibit (Burrell, Aaron) (Entered: 04/26/2018)

Set/Reset Deadlines as to 27 Joint MOTION to Certify Class, Appoint Class Counsel, Approve Notice to Class Members, Grant Preliminary Approval of Proposed Class Action Settlement and Set Date for Fairness Hearing. Motion Hearing set for 5/24/2018 03:00 PM before District Judge Denise Page Hood (LSau)

Set Deadlines/Hearings: Status Conference RESET for 5/24/2018 03:00 PM before District Judge Denise Page Hood (LSau)

Minute Entry for proceedings before District Judge Denise Page Hood: Motion Hearing held on 5/24/2018 re 27 Joint MOTION to Certify Class, Appoint Class Counsel, Approve Notice to Class Members, Grant Preliminary Approval of Proposed Class Action Settlement and Set Date for Fairness Hearing filed by J.V., on behalf of herself and all others similarly situated Disposition: Motion taken under advisement (Court Reporter: Cheryl Daniel) (LSau)

ORDER GRANTING Joint Motion to Certify Class, Appoint Class Counsel, Approve Notice to Class Members, Grant Preliminary Approval of Proposed Class Action Settlement and Set Date for Fairness Hearing 27 . Signed by District Judge Denise Page Hood. (KJac) (Entered: 05/29/2018)

NOTICE TO APPEAR: Fairness Hearing set for 8/8/2018 03:00 PM before District Judge Denise Page Hood (LSau) (Entered: 05/30/2018)

NOTICE of Withdrawal of Attorney Robert P. Young, Jr for on behalf of J.V., on behalf of herself and all others similarly situated. (Young, Robert) (Entered: 06/04/2018)

ORDER of withdrawal of appearance of Attorney Robert P. Young, Jr. Signed by District Judge Denise Page Hood. (DPer) (Entered: 06/06/2018)

STIPULATION AND ORDER to Substitute Class Representative. Signed by District Judge Denise Page Hood. (Attachments: # 1 Exhibit) (LSau) (Entered: 06/08/2018)

1 Exhibit

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NOTICE of Appearance by John M. Traylor on behalf of All Plaintiffs. (Traylor, John) (Entered: 06/15/2018)

MOTION for An Award of Attorneys' Fees and Reimbursemenet of Expenses by All Plaintiffs. (Attachments: # 1 Index of Exhibits Index of Exhibits, # 2 Exhibit Exhibit A, # 3 Exhibit Exhibit B) (Burrell, Aaron) (Entered: 06/15/2018)

1 Index of Exhibits Index of Exhibits

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2 Exhibit Exhibit A

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3 Exhibit Exhibit B

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NOTICE OF HEARING on 37 MOTION for An Award of Attorneys' Fees and Reimbursemenet of Expenses. Motion Hearing set for 8/8/2018 03:00 PM before District Judge Denise Page Hood (LSau) (Entered: 06/21/2018)

Class Member 60's Erik Leaphart's OBJECTION in part to Class Action Settlement Agreement and Release.. (NAhm) (Entered: 07/05/2018)

Letter from Lisa Ferrise. (NAhm) (Entered: 07/19/2018)

Letter from Patricia Kelly. (NAhm) (Entered: 07/06/2018)

Minute Entry for proceedings before District Judge Denise Page Hood: Motion Hearing held on 8/8/2018 re 37 MOTION for An Award of Attorneys' Fees and Reimbursemenet of Expenses filed by J.V., on behalf of herself and all others similarly situated Disposition: Motion taken under advisement (Court Reporter: Darlene May) (LSau)

Minute Entry for proceedings before District Judge Denise Page Hood: Fairness Hearing held on 8/8/2018. (Court Reporter: Darlene May) (LSau)

MOTION for Final Approval of Class Settlement by J.V., on behalf of herself and all others similarly situated. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A-Class Action Settlement Agreement and Release) (Burrell, Aaron) (Entered: 08/15/2018)

1 Index of Exhibits

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2 Exhibit A-Class Action Settlement Agreement and Release

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ORDER Granting Final Approval of Class Settlement 42 and Addressing Objections. Signed by District Judge Denise Page Hood. (LSau) (Entered: 08/31/2018)

ORDER Granting Plaintiff's Motion for an Award of Attorneys' Fees and Reimbursement of Expense 37 . Signed by District Judge Denise Page Hood. (LSau) (Entered: 08/31/2018)

STIPULATED ORDER DISMISSING CASE. Signed by District Judge Denise Page Hood. (MacKay, K) (Entered: 04/15/2019)

AMENDED ORDER ON STIPULATION OF DISMISSAL. Signed by District Judge Denise Page Hood. (LSau) (Entered: 05/17/2019)